Regular City Council - November 24, 2020 at 6:30 PM

  1. Minutes

City Council

Regular Meeting

November 24, 2020

 

The City of Titusville City Council met in regular session on Tuesday, November 24, 2020, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff, who completed the minutes of the meeting. 

 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Assistant City Clerk Donhoff read the procedure for public comment and participation. 


APPROVAL OF MINUTES - No minutes to approve.


SPECIAL RECOGNITIONS & PRESENTATIONS

 

Employee(s) of the Months - August and September 2020 – Community Development Director Peggy Busacca recognized Natural Resources Planner Eddy Galindo from the Planning Department as the Employee of the Month for August 2020. She highlighted the nomination and presented Mr. Galindo with a plaque and gift.

 

The Employee of the Month for September 2020 was unavailable; therefore, the employee would be recognized at a future City Council meeting.


Letters of Appreciation – City Manager Larese reviewed the following list of employees that recently received letters of appreciation.

 

Community Development:

            

Navael Fontus             Planner

            Mark Jones                  Planning Technician

 

Fire Department: Kerri Lubeski, Life Safety Specialist

 

Community Relations/Media Services:

            

Shane Daily                 Senior Media Specialist

            Kurtis Korwan            Digital Media Compliance Specialist

            Wil Petty                     Media Specialist

 

Water Resources: Maureen Phillips, Water Conservation & Public Outreach  


BOARDS AND COMMISSIONS

 

Titusville Environmental Commission – The request was to appoint one (1) alternate member to the Titusville Environmental Commission with a term to expire on November 30, 2023. The term of Alternate Member Laurilee Thompson was due to expire on November 30, 2020. Ms. Thompson expressed her desire to continue serving on this board and requested reappointment for another 3-year term.  There were no other applications on file for Council’s consideration. 

 

Motion:

Member Nelson moved to nominate and reappoint Laurilee Thompson to the Titusville Environmental Commission with a term to expire on November 30, 2023. Member Jordan seconded the motion.

 

Stan Johnston submitted a public speaking card. He supported reappointing Ms. Thompson to the Titusville Environmental Commission.

 

The roll call vote was:

 

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.


PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) - 


Stan Johnston expressed his concerns and dissatisfaction with the truthfulness of City officials and the integrity of the City’s hiring process. He also expressed his concerns on an alleged report that he advised the prior Mayor referenced 21 months ago and that allegedly cost $70,000, to which Mr. Johnston advised that City departments could not identify or locate in any part in the public records, upon his request. 


CONSENT AGENDA


Member Nelson and City Attorney Broome discussed Member Nelson’s questions on Consent Agenda Item C – Resolution No. 36-2020 and this proposed resolution being associated with the City’s current State of Emergency and related to the COVID-19 pandemic. The way the proposed resolution was presently drafted indicated the resolution could be rescinded by the City Council at a future time; however, the Council could also consider amending Resolution No. 36-2020 and the effective date of its termination occurring at the end of the City’s current declared State of Emergency.


City Manager Larese read Consent Agenda Items A, B, C, D, E, and F, as followed:


A. FY 2020 Year End Budget Adjustments - Approve the FY 2020 Year End Budget Adjustments.

 

B. Highway Maintenance Agreement Renewal - Approve the renewal of the Highway Maintenance Agreement with the Florida Department of Transportation (FDOT).

 

C. Resolution No. 36-2020 - Establishing Procedures for Conducting City Public Meetings during the declared State of Emergency as a result of COVID-19 - Approve Resolution No. 36-2020 establishing procedures for conducting City public meetings during the declared State of Emergency as a result of COVID-19.

 

D. Roof Repairs of City Facilities - Approve the use of Brevard County Roofing Contracting Services P2-14-13 in the amount of $25,770 for roof repairs/replacements at the City Marina to Tech Systems, Inc. of Melbourne, FL.

 

E. Resolution No. 37-2020 - Appointing Special Magistrate - Approve Resolution No. 37-2020 appointing Debra Babb-Nutcher and the law firm of Garganese, Weiss, D'Agresta & Salzman , P.A., as the Code Enforcement Special Magistrate and approve the attached Agreement for Special Magistrate for Code Enforcement Services.

 

F. Resolution No. 38-2020 Approving Temporary Closure of State Road US 1 for Special Events - Approve Resolution No. 38-2020 approving the temporary closure of State Road US 1 for the Downtown Christmas Party and Gear Up. Ride it Down 2 trail ride on December 11, 2020.

Stan Johnston submitted public speaking cards on Consent Agenda Items A, B, C, D, E, and F. He supported Consent Agenda Items B and F, but that he opposed Items A, C, and E. He felt that Consent Agenda Item C could be revised for reasons he explained. On Item E, Mr. Johnston did not support the request due to he felt having a Code Enforcement Board was better than a magistrate for reasons he explained. Mr. Johnston opposed Consent Agenda Item A for reasons he explained and related to Other Post-Employment Benefits (OPEB) costs.

 

Motion:

Member Nelson moved to give Stan Johnston an additional 30 seconds to speak. Member Jordan seconded the motion and it carried unanimously by consensus approval.

 

Mr. Johnston was neutral on Consent Agenda Item D - Roof Repairs of City Facilities.

 

Member Robinson and Public Works Director Kevin Cook discussed Member Robinson’s questions on Consent Agenda Item D - Roof Repairs of City Facilities and the contractual structure (State, federal, etc.) and wages of the proposed repairs.

 

Motion:

Member Jordan moved to approve Consent Agenda Items A through F, as recommended, but also modifying Section 4. of Resolution No. 36-2020 (Consent Agenda Item C) – Effective Date and Expiration., to include that Resolution No. 36-2020 would remain in effect until the City of Titusville’s current declared State of Emergency (related to the COVID-19 pandemic and established by a City of Titusville proclamation enacted on March 18, 2020) was terminated, rather than until this resolution was rescinded by Council. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.


ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 23-2020 Related to Home Based Businesses – City Attorney Broome read Ordinance No. 23-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 28 “ZONING”, SECTION 28-360 “HOME BASED BUSINESS” BY AMENDING THE LIST OF HOME BASED BUSINESSES PERMITTED AND PROHIBITED WITHIN RESIDENTIAL AREAS; BY PERMITTING CERTAIN HOME BASED BUSINESSES TO HAVE CLIENTS ON SITE; BY ESTABLISHING CONDITIONS UNDER WHICH SUCH BUSINESSES MAY OPERATE; AND BY CLARIFYING TERMINOLOGY; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, for the second time, by title only.

 

City Manager Larese highlighted the request provided in the City Council’s meeting agenda packet.

 

On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approving Option #3 – Expand Home Based Businesses as Limited Uses by allowing clients in homes with expression of concerns regarding; hours of operation (full-time versus part-time), types of uses allowed, Code Enforcement concerns, regulations of chemicals, auxiliary buildings and commercial competition.

 

Community Development Director Busacca briefly discussed one of the Planning and Zoning Commission’s concerns or recommendations.

 

Mayor Diesel opened the second public hearing on Ordinance No. 23-2020.

 

Dedra Haynes Waller supported the proposed ordinance. She also discussed her plans and hours of operation for a business that she hoped to conduct from her home on a part time basis.

 

Member Stoeckel and staff discussed whether there were recommendations for part time vs. full time home based businesses, which was noted could be difficult to enforce.

 

Member Nelson discussed her questions with staff. She felt the City was protected in one sense, but as long as the City also had “an out” if it needed one.

 

Mayor Diesel liked having “an out” and giving the proposal an opportunity. He compared the proposed ordinance to the City’s back yard chicken ordinance. He felt some would comply with the regulations, while some others may ignore the ordinance. He also felt the City had not had a problems with chickens thus far.

 

Member Jordan felt the biggest concern was addressing neighborhood Code Enforcement complaints and treating everyone fairly. To this, he felt that neighborhoods would vary on how they tolerated or complained about individual home based businesses.  

 

Staff discussed the City’s special magistrate, the magistrate’s role, and issues that would require returning to City Council for the Council’s consideration. Staff also reviewed the types of business activities or uses in the proposed ordinance.

 

As there was no one else that wished to speak, Mayor Diesel closed the second public hearing.

 


Motion:

Member Nelson moved to approve Ordinance No. 23-2020, as recommended. Member Stoeckel seconded the motion and the roll call vote was:

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously.


Ordinance No. 24-2020 Regarding Mobile Vendors in Public (P) Zoning - City Attorney Broome read Ordinance No. 24-2020 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES TO CLARIFY APPLICATION REQUIREMENTS FOR MOBILE VENDORS AND TO PERMIT MOBILE VENDORS AND SPECIAL EVENT VENDORS ON LANDS ZONED PUBLIC (P) UNDER CERTAIN CONDITIONS BY AMENDING CHAPTER 11 “LICENSES AND BUSINESS REGULATIONS”, SPECIFICALLY AMENDING SECTIONS 11-332 “MOBILE VENDORS” AND 11-340 “SPECIAL EVENT VENDORS”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, for the second time, by title only.

 

City Manager Larese highlighted the request provided in the City Council’s meeting agenda packet. On November 4, 2020, the Planning and Zoning Commission unanimously (7:0) recommended approval of the ordinance as written.

 

Mayor Diesel opened the second public hearing on Ordinance No. 24-2020. As there was no one wished to speak, Mayor Diesel closed the second public hearing.   

 

Motion:

Member Jordan moved to approve Ordinance No. 24-2020, as recommended. Member Robinson seconded the motion and the roll call vote was:

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.


Ordinance No. 25-2020 Correcting Discrepancies in Zoning Code Use Tables – Primary Uses – City Attorney Broome read Ordinance No. 25-2020 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 28 “ZONING” TO CORRECT OMISSIONS AND INCONSISTENCIES BETWEEN PERMITTED, CONDITIONAL AND LIMITED USES IN ARTICLE V “USE STANDARDS” AND ARTICLE IV “USE TABLE”, SPECIFICALLY AMENDING SECTIONS 28-54 “USE TABLE”, 28-73(A) “LIVE-WORK UNIT”, 28-78(A) “RESIDENTIAL/PROFESSIONAL USE”,  28-81(A) “TOWNHOMES”, 28-93(A) “ANIMAL SHELTER”, 28-99(A) “BAKERY, RETAIL”, 28-101 “BED AND BREAKFAST INNS”, 28-111(A) “CLOTHING AND SHOE STORES”, 28-117(A) “DRINKING ESTABLISHMENTS (BAR, TAVERN, LOUNGE), 28-118(A) “DRY CLEANER”, 28-122(A) “FINANCIAL INSTITUTIONS”, 28-125(A) “FUNERAL ESTABLISHMENT (WITHOUT CREMATORY), 28-126(A) “FURNITURE STORE”, 28-129(C) “GROCERY STORE”, 28-131(A) “HOSPITALS”, 28-132(A) “HOTEL/MOTEL”, 28-138(A) “LAUNDROMAT”, 28-151 “OUTDOOR STORAGE”, 28-152(A) “PACKAGE AND PARCEL DELIVERY SERVICES”, 28-156(A) “PERSONAL SERVICES”, 28-161(A) “POSTAL AND MAILING SERVICES”, 28-165(A) “RADIO AND TELEVISION SALES”, 28-166(A) “REPAIR AND SERVICE FOR SMALL EQUIPMENT ITEMS”, 28-171(A) “SHOE REPAIR”, 28-176(A) “TRANSIENT ACCOMMODATIONS”, 28-181(A) “VETERINARIAN”, 28-201(A) “BAKERIES AND CONFECTIONERIES”, 28-202(A) “BOTTLING PLANTS”, 28-209(A) “LABORATORY (RESEARCH AND TESTING)”,  28-210(A) “LIGHT MANUFACTURING”, 28-218(A) “RETAIL OR WHOLESALE OF PRODUCTS MANUFACTURED ON-SITE”, 28-220 “TRANSMISSION TOWER”, 28-222(A) “WAREHOUSING/WHOLESALE”, 28-223 “WELDING, METAL WORKING, FABRICATION”, 28-231(A) “AIRPARK”, 28-232(A) “AIRPORT”, 28-236(A) “CHURCH”, 28-238(A) “COMMUNITY CENTERS”, 28-239 “COMMUNITY SERVICE”, 28-242(A) “FAMILY DAY CARE HOMES”, 28-248(A) “NURSING HOMES, CONVALESCENT HOMES AND EXTENDED CARE FACILITIES”, 28-249(A) “PASSENGER TERMINAL FACILITIES”, 28-253(A) “PUBLIC UTILITY”, 28-255(A) “SCHOOLS (PUBLIC OR PRIVATE)”, 28-256(A) “VOCATIONAL SCHOOL”, 28-272(A) “GOLF COURSE”, 28-274(A) “PARK (PUBLIC OR NON-PROFIT)”, 28-275(A) “RECREATION AND COMMERCIAL AMUSEMENT INDOOR)”, AND 28-276(A) “RECREATION AND COMMERCIAL AMUSEMENT (OUTDOOR); PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time, by title only.

 

City Manager Larese highlighted the request provided in the City Council’s meeting agenda packet. The Planning and Zoning Commission, unanimously, recommended approval as written.


Mayor Diesel opened the first public hearing on Ordinance No. 25-2020.

 

Stan Johnston submitted a public speaking card; however, he waived his right to address Council.

 

As there was no one else that wished to speak, Mayor Diesel closed the first public hearing.  The second reading and second public hearing for Ordinance No. 25-2020 was scheduled for the regular City Council meeting on December 8, 2020 at 6:30 p.m.


Ordinance No. 26-2020 Correcting Discrepancies in Zoning Code Use Tables - Accessory Uses - City Attorney Broome read Ordinance No. 26-2020 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 28 “ZONING” TO CORRECT PERMITTED, CONDITIONAL AND LIMITED USES IN ARTICLE VIII “ACCESSORY USE STANDARDS” TO BE CONSISTENT WITH ARTICLE VII “ACCESSORY USE TABLE”, SPECIFICALLY AMENDING SECTIONS 28-342 “ACCESSORY USE TABLE”, 28-351 “ACCESSORY DWELLING UNIT”, 28-353 “ATTACHED SCREEN PORCH”, 28-356 “CLUBHOUSE”, 28-363 “OUTDOOR DISPLAY OF MERCHANDISE”, 28-367 “RECREATION COURT”, 28-370 “SCREEN ENCLOSURE WITH SCREENED ROOF (INCLUDING POOL ENCLOSURES)”, AND 28-373 “TEMPORARY STORAGE UNITS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time, by title only.

 

City Manager Larese highlighted the request provided in the City Council’s meeting agenda packet. The Planning and Zoning Commission, unanimously, recommended approval as written.


Mayor Diesel opened the first public hearing on Ordinance No. 26-2020.

 

Stan Johnston submitted a public speaking card; however, he waived his right to address Council.

 

As there was no one else that wished to speak, Mayor Diesel closed the first public hearing.  The second reading and second public hearing for Ordinance No. 26-2020 was scheduled for the regular City Council meeting on December 8, 2020 at 6:30 p.m.


ORDINANCES-FIRST READING

 

Ordinance No. 27 - 2020 - Capital Improvement Element Annual Update - City Attorney Broome read Ordinance No. 27-2020 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, UPDATING THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE FOR THE 2021 – 2025 HORIZON RELATING TO THE CAPITAL IMPROVEMENT ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time, by title only.

 

City Manager Larese highlighted the request provided in the City Council’s meeting agenda packet (Related to Comprehensive Plan Amendment No. 2020-02 and Ordinance No. 27-2020). 

 

Stan Johnston submitted a public speaking card. He expressed concern on a projected 2.5 foot rise in sea level in the future (estimated by 2070-2080). He questioned whether the Federal Emergency Management Agency (FEMA), flood plain managers, the City’s stormwater and building departments knew about these matters. He also wanted to know if others were giving input. Mr. Johnston further commented on attending Resilient Titusville meetings, concerns about staff, a flood zone in a particular neighborhood, removing a flood zone, and his providing reports to others about his concerns.


The second reading and public hearing for Ordinance No. 27-2020 was scheduled for the regular City Council meeting on December 8, 2020 at 6:30 p.m.


OLD BUSINESS


NEW BUSINESS

 

Update Council Member Appointments to Serve on Outside Agencies - City Manager Larese highlighted the request for Council Members to review and update the appointments of City Council members that served on outside agencies. Members of City Council were appointed to serve on various outside agencies to represent the interests of the citizens of the City of Titusville.

 

Stan Johnston submitted a public card. He did not support the scope of the assignments and felt the assignments were distractions to more important City business. He also felt there were other problems that needed to be addressed.

 

Council reviewed and updated their outside agency appointments for the upcoming year, as followed:

 

  • Florida League of Cities: Current Member – Dr. Sarah Stoeckel, Alternate – Joe C. Robinson.

 

  • Space Coast League of Cities: Current Member – Dr. Sarah Stoeckel, Alternate – Joe C. Robinson

 

  • Space Coast Transportation Planning Organization: Current Members – Robert L. Jordan, Jr. and Joe C. Robinson, Alternate – Jo Lynn Nelson.

 

  • North Brevard Commission on Parks and Recreation: Current Member – Daniel E. Diesel, Alternate Member – Jo Lynn Nelson.

 

  • Economic Development Commission of Florida Space Coast: Current Member – Jo Lynn Nelson (voting member), Alternate Member – Daniel E. Diesel (non-voting member).

 

  • North Brevard Economic Development Zone/Spaceport Commerce Park Authority:  Current Member – Daniel E. Diesel, Alternate Member – Robert L. Jordan, Jr.

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None.


MAYOR AND COUNCIL REPORTS

 

Mayor's Report - Mayor Diesel submitted his written report.


Council Reports -

 

Member Jordan commented on the concept or replacement of City Hall. Mayor Diesel commented on reviewing these matters, taking the economy into consideration, and that it did not hurt to make preparations. City Manager Larese advised that the City was currently completing an inventory of City facilities; however, this task was put on hold due to the COVID-19 virus (pandemic). The inventory assessment was also being completed in-house.

 

Member Nelson commented on concerns for future sea level rise and that the City might consider a different location for City Hall. There was also the concern for immediate and future fiscal budgets. City Manager Larese advised that the City might consider a comprehensive government complex (building) in the future. City Manager Larese also noted that the Police Department building might be absorbed or affected by Lockheed Martin (Company). There was the thought to also have the Fire Department (Indicating the headquarters) in the comprehensive building in the future.


CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. Two items were scheduled that requested Council’s consideration. 

 

  1. Evaluation of CDBG Program Funding Requests - Staff requested Council set a date for a special meeting to evaluate requests for allocation of Community Development Block Grant (CDBG) funding. 


Following brief discussion, Council authorized scheduling a special City Council meeting on Thursday, February 18, 2021, at 5:30 p.m., for the evaluation of Community Development Block Grant (CDBG) requests. 



  1. FY 22 Strategic Planning Meetings - The fiscal year (FY) 2022 Strategic Planning Cycle would begin in February 2021, with a community conversation meeting facilitated by Kristin Bakke of LEAD Brevard. The first meeting would be held on a Saturday morning and would involve community leaders and interested citizens providing input to City Council in a workshop setting.  A follow-up meeting would be held in March 2021 with Council and Senior Staff to finalize the City’s FY 2022 goals and objectives.


Following brief discussion, Council authorized scheduling a special City Council meeting and community conversation on Saturday, February 27, 2021, 9:00 a.m. – 12:00 p.m. (location at Titusville City Hall), to commence the beginning of the Fiscal Year (FY) 2022 Strategic Planning Cycle.  

 

Council also authorized scheduling a special City Council meeting on Thursday, March 11, 2021, at 5:30 p.m. (location at Titusville City Hall), as a follow-up meeting in the FY 2022 Strategic Planning Cycle, which would include the Council and Senior Staff. The purpose of this meeting was to finalize the City’s FY 2022 goals and objectives.


The remaining items on the City Manager’s Report were informational only, as followed:

 

  1. Update on Low Intensity Development
  2. COVID-19 Emergency Assistance Program Activity Report
  3. Florida Dept of Environmental Protection (FDEP) BMAP Update

CITY ATTORNEY’S REPORT – None. 


Vice-Mayor Diesel encouraged all to use and spread an unofficial slogan of “We are Titusville”. He desired the entire community to be proud of the City and carry this in their attitudes and interactions with others.  


With no further business to discuss, the meeting adjourned at 8:00 p.m.

  



Daniel E. Diesel, Mayor


ATTEST:

Wanda F. Wells, City Clerk