Regular City Council - February 23, 2021 6:30 PM

  1. Minutes


City Council

Regular Meeting

February 23, 2021

 

The City of Titusville City Council met in regular session on Tuesday, February 23, 2021, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, and City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

Mayor Diesel called the meeting to order at 6:30 p.m. He requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, City Clerk Wanda Wells read the procedure for public comment and participation. 

 

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APPROVAL OF MINUTES

 

Minutes – 

 

Motion:

Member Jordan moved to approve the minutes of the regular City Council meeting on December 8, 2020, as submitted. Vice-Mayor Nelson seconded the motion and 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.

 

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SPECIAL RECOGNITIONS & PRESENTATIONS

 

Employee of the Month - December 2020 – Water Resources Director Sean Stauffer thanked, highlighted, and recognized the following Field Operations (Ops) Division employees as the Employees of the Month for December 2020: Jeff Wayner, Doug Larkins, Mike Green, Scott Devine, Mario Grant, Steve Vanatta, Tom Perez, Tom Marinelli, Kyle Colvin, Jeff Harvey, Joel Miller, Bruce Fairweather, Chris Watkins, Billy Little, Henry Carmichael, Ryan Brown, Darian Fears, and John Mazzacone.

 

 

Field Operations (Ops) Division Superintendent Jeff Wayner also thanked and praised this team of people, City leadership, and making important decisions during a recent Field Operations emergency response.   

 

Mayor Diesel and City Manager Larese presented a plaque and appreciation certificates to each of the aforementioned employees.


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Motion:

Member Jordan moved to present both proclamations that were included under the Mayor’s Report at this time in the meeting.  The proclamations were “Heroes Work Here Day – February 1, 2021” and “Support of the Humanity Task Force.”  Vice-Mayor Nelson 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.

 

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City Manager Larese read the “Heroes Work Here Day” proclamation under the Mayor’s Report. Mayor Diesel presented this particular proclamation to Parrish Medical Representative Dr. George Mikitarian. The proclamation declared February 1, 2021 as “Heroes Work Here Day”.

 

Dr. Mikitarian expressed his appreciation of the City and the longstanding and good working relationship that existed between the City and Parrish Medical Center.

 

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City Manager Larese read the “Support of the Humanity Task Force” proclamation under the Mayor’s Report. Information was also distributed to Council. Mayor Diesel presented this proclamation to two representatives of the Humanity Task Force and commented on the importance of unity and bringing people together. The representatives expressed appreciation for drawing attention to the importance of the Task Force’s objectives and plans.  

 

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Letters of Appreciation – City Manager Larese read the following names of employees that received letters of appreciation:

 

 

Community Development


Laurie Dargie              Senior Administrative Secretary

Eddy Galindo             Sustainability Planner

Chris Enright              Senior Engineering Site Inspector

Brad Parrish                Planning Manager

Gabriel Quintas           Senior Planner 

 

Neighborhood Services


Tracy Davis                 Neighborhood Services Planner

Terrie Franklin            Neighborhood Services Planner

Rose Koenig               Program Specialist

Gerda Loeb                 Administrative Assistant

Jas’n Pouncy               Rehab Specialist

 

City Attorney’s Office – Chelsea Farrell, Assistant City Attorney 

 

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BOARDS AND COMMISSIONS

 

Planning and Zoning Commission - A revised semi-annual report was distributed to Council.  The semi-annual report was written only.  No action was requested.

 

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Planning and Zoning Commission – City Manager Larese highlighted the request as provided in the Council agenda packet. The requests included: (1) Accept the resignation of Regular Member Mary Murray with a term to expire on January 31, 2022. Ms. Murray's resignation was effective on February 5, 2021; and (2) appoint one (1) regular member to the Planning and Zoning Commission (Commission) with an unexpired term to expire on January 31, 2022. If an alternate member was appointed as a regular member, it was recommended to appoint one (1) alternate member to the Commission with an unexpired term to expire on January 31, 2023.

 

Motion:

Vice-Mayor Nelson moved to accept Regular Planning and Zoning Commission Member Mary Murray’s resignation effective on February 5, 2021. Member Jordan 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.

 

Next, was the matter of appointing a regular member to the Planning and Zoning Commission (Commission), with a term to expire on January 31, 2022.

 

Members Robinson and Jordan and Vice-Mayor Nelson discussed that of the two alternate members, only one was interested in being appointed as a regular member.

 

Applicant Stan Johnston distributed information. He discussed his concerns on various matters that he desired addressing if he was appointed to the Commission, including addressing a weir or dam, flooding, drainage, watershed, and various and relevant laws related to his concerns.

 

Motion:

Member Jordan moved to appoint Alternate Planning and Zoning Commission Member Linwood “Woody” Rice as a regular member on the Commission, with an unexpired term to expire on January 31, 2022. Vice-Mayor Nelson 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.

 

Last, was the matter of appointing an applicant to the Commission’s alternate member position that was vacated by the appointment of Linwood “Woody” Rice as a regular member. Council briefly discussed the pool of candidates. Mayor Diesel requested a roll call vote with each individual City Council member stating their nomination (selection) to fill the alternate member position on the Planning and Zoning Commission.

 

Member Stoeckel                    Dan Aton

Member Robinson                  Christopher Childs

Member Jordan                       Dan Aton

Mayor Diesel                          Christopher Childs

Vice-Mayor Nelson                Christopher Childs

 

By a 3-2 vote, Christopher Childs was appointed as an alternate member on the Planning and Zoning Commission, with an unexpired term that would expire on January 31, 2023. Three (3) Council members voted in favor of Christopher Childs and two (2) Council members voted for Dan Aton.  

 

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Titusville Environmental Commission – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to appoint one regular member to the Titusville Environmental Commission (TEC) with an unexpired term to expire on November 30, 2021.

 

Two applications were on file and previously scheduled for Council’s consideration. Mr. Christopher Childs (resident) and Mr. Linwood (Woody) Rice (resident) previously expressed their willingness to serve on the Titusville Environmental Commission (TEC). Alternate TEC Member Laurilee Thompson (non-resident) had also expressed her willingness to serve on the TEC as a regular member, with an unexpired term to expire on November 30, 2021.

 

The City’s Land Development Regulations, Section 31-122(a) stated that at least one of the members of the Titusville Environmental Commission (TEC) may also be a member of the City of Titusville Planning and Zoning Commission (P&Z); however, the TEC member must be a resident of the City of Titusville.  Mr. Rice and Mr. Childs were City residents and both had expressed their desire to serve as the dual role member on the Planning and Zoning Commission (P&Z) and the Titusville Environmental Commission (TEC).


Applicant Christopher Childs desired assisting the City however he was needed or useful.

 

Applicant Woody Rice also desired assisting the City however he was needed or useful. He discussed his prior experience related to environmental work early in his career. He was an engineer and he was familiar with the St. Johns River Water Management District (SJRWMD) rules and environmental permitting requirements. Mr. Rice also recognized the continuity of the dual role position for the individual that served on the Titusville Environmental Commission and the Planning and Zoning Commission.

 

Applicant and TEC Alternate Member Laurilee Thompson desired withdrawing her name from Council’s consideration. She supported Woody Rice filling the dual role position on the TEC and P&Z.

 

Stan Johnston submitted a public speaking card. He felt there were 35-year old violations of regulations pertaining to stormwater drainage management and other areas that concerned him. These matters were related to environmental concerns.

 

Motion:

Vice-Mayor Nelson moved to appoint Linwood “Woody” Rice as a regular member on the Titusville Environmental Commission, with an unexpired term to expire on November 30, 2021.  Member Jordan seconded the motion and 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.

 

Mr. Linwood “Woody” Rice would serve as the dual member on both the Planning and Zoning Commission and the Titusville Environmental Commission.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) - 

 

Kay St. Onge read from a prepared statement related to a recent sewage spill and her requests and concerns related to the spill that occurred by Sand Point Park and the Indian River Lagoon in December 2020. She desired working together to remediate any environmental harm caused by the recent sewer spill. This included planting cypress trees and mangroves by the water, working with the Marine Resources Council and Keep Brevard Beautiful, installing baffle boxes, dredging, etc. Ms. St. Onge also reviewed how her suggestions would support tourism.

 

Vice-Mayor Nelson discussed a prior presentation or information from staff that addressed some of Ms. St. Onge’s concerns. Mayor Diesel was interested in what the City could and could not do, especially on the suggestion of planting trees by the ponds and the Indian River Lagoon shoreline. Member Robinson commented on ensuring that any scenarios were covered in advance. Member Jordan gave the example of liability if someone was hurt, while planting trees.

 

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Herman Cole commented on the Mayor asking him to be the chairperson of the Titusville Community Service Award Committee, which was presently working to solicit nominations from local non-profit organization and others, for the purpose of identifying an award recipient for the 2021 committee ceremony.  Additionally, Mr. Cole commented on the important of the Humanity Task Force and the purpose of its mission, intent, awareness, and bringing people together and to understand one another.

 

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Laurilee Thompson supported Kay St. Onge’s petition to Council. She added that an auger would be needed to make the work of planting trees easier. Second, she advised that the lagoon’s water visibility was two decimeters or approximately eight inches deep from the surface (clear); otherwise, the lagoon was murky and cloudy below two decimeters. She and Vice-Mayor Nelson also discussed river dredging, funding that was redirected to septic systems located near the river, the high cost and importance of installing baffle boxes by the lagoon, other efforts to improve and protect the lagoon, etc.  

 

Members Jordan and Stoeckel commented on having prioritized plans and structure in place that were endorsed or supported by experts, so that efforts to improve or protect the lagoon were useful. Efforts were in play on these matters. Costs could be high. The City or involved agencies could seek grant opportunities to address matters related to the lagoon.

 

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Stan Johnston expressed concerns for the recent sewer spill at Sand Point Park (December 2020) and storage of water at Space View Park. He was concerned for spray from the fountains at these parks and requested the City turn the fountains off.


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Arlyn Briggs, a developer that was visiting the area had since changed his mind on developing in Titusville, which he explained was related to his perspective or assessment on financially powerful developers getting their way, the health of the lagoon, a distinctive presence of the rich and the poor, etc. 

 

Motion:

Vice-Mayor Nelson moved to give Mr. Briggs one additional minute to speak. Member Jordan seconded the motion and it carried unanimously. 

 

Mayor Diesel asked Mr. Briggs to be specific and summarize his petition to the City Council. 

 

Arlyn Briggs continued and indicated that people were destroying natural treasures and ecosystems. For this reason, the Council should truly consider what the citizens wanted for their community. 

 

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CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A through H, as followed: 

 

A. Acceptance of Easement from Hwy 50 Titusville, LLC - Titusville Point - Accept a Utility Easement from HWY 50 Titusville, LLC for Titusville Point Master Plan project.

 

B. Purchase SWAT Body Armor/Add FEI (Federal Eastern International) as vendor of record over $15,000 - Approve purchase of nine (9) SWAT Body Armor from FEI (Federal Eastern International) that will be expiring this year. Also, approve FEI (Federal Eastern International) State Contract NASPO 2016-18 as vendor of record over $15,000.00 to purchase Body Armor.

 

C. FY 21 HOME Disbursement Grant Agreement with Brevard County - Approve the FY 21 HOME Disbursement Agreement with Brevard County, and authorize the Mayor and staff to execute same, and approve the associated budget amendment.

 

D. Award purchase of Telemetry Radios - Approve the purchase from Rexel USA, Inc., 585 Distribution Drive #3, Melbourne, FL 32904, in the amount of $78,750.00 for the purchase of 50 ea. Esteem Horizon 900 radios for Telemetry upgrade of lift stations and water wells city wide and authorize the Mayor to execute the contract or approve issuance of purchase order. This is the first year of a two year replacement plan.

 

E. Brevard County Save our Indian River Lagoon Grant Extension - Titusville High School Baffle Box - Authorize the Mayor to execute Amendment No.1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL 19-97.

 

F. Approval of Civil Forfeiture/Seizure Legal Services - Approval of civil forfeiture/seizure legal services with Jason M. Gordon, Attorney at Law to provide legal representation for Titusville Police Department and authorize execution of the contract.

 

G. Acceptance of Easement from Wave Developments, LLC - Accept a Utility Easement from Wave Developments, LLC for the Beachwave project located at 101 A. Max Brewer Causeway.

 

H. Purchase of Axon Body Cameras, Licenses, and New 5 Year Contract - Approve the purchase of 20 Axon Body cameras, along with data licenses for the new cameras and pre-existing cameras in inventory, in the amount of $25,270.41 from Axon Enterprises, Inc., and authorize the City Manager to issue the necessary purchase order.


Stan Johnston submitted public speaking cards on Consent Agenda Items B, D, E, F, G, and H. He commented generally on spending money on the proposed items. He did not talk about the agenda items specifically and instead talked about why the expenditures proposed within these agenda items should be spent on the items that concerned Mr. Johnston.

 

Mayor Diesel asked Mr. Johnston to make his comments relevant to the requests at hand. 

 

Mr. Johnston continued on personal concerns that were not the specific requests at hand. 

 

Mayor Diesel again asked Mr. Johnston to be relevant to the requests at hand.

 

Mr. Johnston indicated he did support Consent Agenda Items B and G; however, he began commenting off-topic. 

 

Mayor Diesel again asked Mr. Johnston to be relevant.

 

Stan Johnston was neutral on Consent Agenda Item B; however, he began speaking off-topic.

 

On Consent Agenda Item 8D, he commented on sewage in the river. 

 

Motion:

Member Jordan moved to approve Consent Agenda Items A through H, in accordance with recommendations. Vice-Mayor Nelson 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

            

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Ordinance No. 7-2021 Relating to Public Purpose Variances – City Attorney Broome read Ordinance No. 7-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY ESTABLISHING A VARIANCE PROCESS TO BE HEARD BY THE CITY COUNCIL FOR PROJECTS DETERMINED TO SERVE A PUBLIC PURPOSE; BY AMENDING CHAPTER 34 “PROCEDURES”, ARTICLE V “VARIANCES AND APPEALS”, BY ADDING A NEW DIVISION 9, “VARIANCES FOR PUBLIC PURPOSE PROJECTS”, INCLUDING “APPLICABILITY”, “CRITERIA FOR GRANTING VARIANCES”, “REQUIRED APPLICATION”, “NOTICE REQUIREMENTS”, “HEARING AND DECISION”,  PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time by title only. 

 

City Manager Larese highlighted the request as provided in the Council agenda packet. The Planning and Zoning Commission considered this ordinance on February 3, 2021 and recommended approval (6:1), as submitted. The member voting in the negative expressed concerns about maintaining the integrity of the Board of Adjustments and Appeals (BAA) and their role, and felt the City Council could accomplish their goal in a different way.

 

Mayor Diesel and staff discussed his questions on the intent of the ordinance and requests would or must serve a public purpose. One example used---if an applicant requested a variance for a shed placed inside an easement, this would not be considered a public purpose. In this instance, staff (a gate keeper in essence) would not forward this type of request to the City Council. Staff continued and commented on how public and private partnerships might be considered by City Council, only if the public were allowed to use the improvements, such as a parking garage. Staff also predicted these scenarios would not occur very often. Also, if numerous variance applications were received, the Council may reconsider the Code altogether. 

 

Mayor Diesel desired staff using criteria to pre-determine whether a variance request was appropriate for the Board of Adjustments and Appeals (BAA) or City Council. To this, staff suggested Council start with small steps to see how Council feels and perhaps limit requests to specific public projects at first. However, if a petitioner later proposed a public/private partnership, the Council could later amend the Code to include precise criteria to accommodate this type of variance request to be considered by the Council.   

 

Member Stoeckel and staff discussed her questions regarding an applicant not agreeing with a staff determination of public versus private variance requests.  

 

Member Jordan felt the original intent was for public projects only or those submitted by government agencies. He felt very few public project variance requests would be submitted in the future. Vice-Mayor Nelson added that she felt this would likely take very few variance requests away from the Board of Adjustments and Appeals. Member Robinson did not support the proposed ordinance. Member Stoeckel clarified the Council was discussing limiting requests to public agency variance applications. Examples were given. 

 

Mayor Diesel opened the public hearing. 

 

Thomas “Al” Taylor was the current chairperson of the Board of Adjustments of Appeals (BAA). He personally felt neutral on the proposed ordinance. The point he wanted to make was that the BAA was not notified of the proposed ordinance and he felt they should have been notified. He further felt that if any board’s scope of work was modified, he felt the board should be able to provide input. 

 

It was noted that the proposed ordinance was presented to the Planning and Zoning Commission, because this was a requirement with changes to the Land Development Regulations. Member Stoeckel recommended notifying boards of any pending proposal to a board’s scope of work. 

 

Laurilee Thompson felt the BAA was competent and was equipped to consider any variance request. She questioned how the proposed ordinance manifested. 

 

Member Jordan advised that if the BAA denied a public purpose project, including a variance application from the City, the City would have to take the matter or challenge to court to address the denial. To this, Ms. Thompson asked about changing the process.

 

Member Jordan further advised the process to take a matter to court was costly and may not be the best service to the public and not best for public purpose projects. Instead, these matters could be considered by elected officials. 

 

Discussion ensued on changing the appeal process, if the BAA hypothetically denied a public purpose project and changing the appeal process to include City Council hearing the appeal. The City Council would have to consider the same Code criteria that the BAA used during the BAA’s consideration. The BAA also considered hardships to a property versus public operational necessities that benefitted the greater good of the public. The example given was the posted speed limit on roads. The public expected ambulances to drive faster than the posted speed limit. This was an operational necessity. Additionally, there were other City Councils or government agencies that by policy could override various board decisions. The objective of these types of policies was a net benefit to the public. More discussion on these types of concepts ensued.

 

Vice-Mayor Nelson felt that an operational necessity should be one of the criteria. Discussion ensued on public lift stations and the reason for having landscaping waiver provisions for lift stations, so that persons would not hide or live behind the landscaping blocking the view of the lift station, persons being able to damage a lift station that was screened or not viewable behind landscaping, etc. These were limited circumstances presently in the Code, but which represented an operational necessity. Staff felt that more specific criteria could be developed to evaluate different provisions in the proposed ordinance. 

 

Member Jordan reinforced his previous opinions and supported the proposed ordinance. Member Stoeckel and staff discussed the City of Cocoa’s policy on these types of matters, etc. 

 

Stan Johnston commented on the purchase of his property in 1984, a prior administrative rezoning of his property, and several matters that he did not agree with. 

 

With no additional persons that wished to speak, Mayor Diesel closed the public hearing.

 

Motion:

Member Jordan moved to approve Ordinance No. 7-2021, but with the modification that the ordinance would only allow applicants from public entities requesting a variance for public purpose projects. Member Stoeckel seconded the motion for discussion.

 

Member Stoeckel confirmed that Member Jordan’s intent was to limit requests to public entities and for public purpose projects.

 

At 8:52 p.m., due to one Council member had stepped outside of the Council chamber, Mayor Diesel called for a 7-minute recess. The meeting resumed at 8:59 p.m.

 

Per Mayor Diesel’s request, the pending motion to approve Ordinance No. 7-2021 was restated and discussed to ensure that the Council understood the context of the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  No

Member Jordan                       Yes

 

The motion carried, 4-yes to 1-no, with Member Robinson in objection.

 

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City Attorney Broome reviewed the Quasi-judicial Rules of Procedure

 

Request to Vacate Easement (EAS) Vacation Application No. 5-2020 - 2820 St. Mark's Drive – City Manager Larese highlighted the request as provided on the Council agenda packet. The request was to approve the request to vacate ten (10) feet of the fifty-four (54) foot wide Public Utility and Drainage Easement (P.U.D.E.) on property located at 2820 St. Mark's Dr. and approve related Resolution No. 9-2021.

 

The Planning and Zoning Commission tabled the request to allow consideration of additional information on the request including: (1) As-built drawings for the stormwater pond; (2) Documentation that was submitted to the SJRWMD providing that the encroachment would not cause an increase in the designed storage volume of the pond; (3) requested the presence of the engineer of record at the following meeting. The motion passed unanimously.

 

Mayor Diesel opened the public hearing.

 

Stan Johnston distributed information. He had no problem with the proposed easement vacation. Instead, he was interested in the City budgeting time and attention on the information that he held in his hand or that he distributed to Council concerning his property or flood zone calculations from the 1980s.  

 

With no additional persons that wished to speak, Mayor Diesel closed the public hearing. 

 

Motion:

Vice-Mayor Nelson moved to table Easement Vacation Application No. 5-2020 and Resolution No. 9-2021 to the regular City Council meeting on March 9, 2021 at 6:30 p.m.

 

Vice-Mayor Nelson desired giving the Planning and Zoning Commission time to consider the request. Member Stoeckel asked whether the applicant already had their permit from the St. Johns River Water Management District, which it was believed the applicant did have this permit. There was a question whether over the years the stormwater pond was filled-in, which could cause drainage issues in the area. There were more questions to address such as whether it was permitted for one, could it be permitted for others, as-builts, whether existing structures could stay in place, fill and dirt removal, etc.

 

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.  

 

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Request to Vacate Easement (EAS) Vacation Application No. 6-2020 - 1036 Cady Circle - City Manager Larese highlighted the request as provided on the Council agenda packet. The request was to approve the request to vacate a five (5) foot portion of the ten (10) foot Public Utility and Drainage Easement (P.U.D.E.) on property located at 1036 Cady Circle and approve related Resolution No. 10-2021. Additionally, the Planning and Zoning Commission recommended approval of the request with a recommendation to the applicant that he receive the consent of the St. John's River Water Management District and the Home Owner's Association. The Planning and Zoning Commission’s motion passed unanimously. 

 

Staff advised that the Planning and Zoning Commission’s recommendation was not a condition of their approval.  

 

Mayor Diesel opened the public hearing.

 

Stan Johnston did not have any issues with the request at hand. He then began discussing an email he wrote on his feelings that the City would spend time considering the type of request at hand, but the City would not consider his specific requests that were not related to the agenda item.

 

With no one else that wished to speak, Mayor Diesel closed the public hearing.  


Motion:

Member Jordan moved to approve Easement (EAS) Vacation Application No. 6-2020 - 1036 Cady Circle and Resolution No. 10-2021, as recommended by staff. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.  

 

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ORDINANCES-FIRST READING – None. 

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS

 

Resolution No. 11-2021 - Community Development Fees - City Manager Larese highlighted the request as provided on the Council agenda packet. The request was to adopt Resolution No. 11-2021 amending the schedule of fees for the Community Development Department.

 

Member Robinson and staff discussed that impervious concrete inspections were required at least every two years or more often in some instances.

 

Stan Johnston submitted a public speaking card. He advised that his comments would be relevant to the context of the proposed resolution and master planning. For example, the City’s flood zones were erroneous and needed corrections, which he read and outlined from a prepared statement.

 

Motion:

Member Jordan moved to approve Resolution No. 11-2021, as recommended. Member Stoeckel seconded the motion and 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.  

 

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Award of Contract for Construction of the Osprey Water Reclamation Facility Nutrient Removal Upgrade Project - City Manager Larese highlighted the request as provided on the Council agenda packet. The request was to approve award of a contract for Bid No. 20-B-044 to Wharton-Smith, Inc. of Sanford, FL for construction of the Osprey Water Reclamation Facility Nutrient Removal Upgrade Project in the amount of $9,537,000 and authorize the Mayor to execute the contract.

 

Water Resources Director Sean Stauffer and Utility Engineering Manager Ashleigh Smith discussed the purpose, funding source, and other professional entities involved with the project.

 

Member Stoeckel and staff discussed her questions related to why the total grant funding for the project exceeded the construction costs, to which it was indicated that design was an additional and separate cost.  

 

Stan Johnston submitted a public speaking card. He expressed concern on the amount of funding, staff, his dissatisfaction with several issues, etc.

 

Brett Lefever of L7 Construction, Inc. submitted a public speaking card and distributed information. He read from a prepared statement that reviewed his company’s concerns for why their bid was not selected for the project.  

 

Motion:

Vice-Mayor Nelson moved to give Mr. Lefever two additional minutes to speak. Member Stoeckel seconded the motion and it carried unanimously.

 

Mr. Lefever continued reading from his prepared statement.

 

Discussion ensued on bid language criteria, the bidder’s interpretation of the bid language, making comparisons of bids and whether they were like-for-like or not, policy or bid language that clarified understanding on bid expectations or criteria, review of the bid’s language by the Purchasing and Contracting Department and the City Attorney’s Office prior to issuing the bid process, L7 Construction’s prior work with the City, a requirement of one solicitation or one contract per prior project experience and of at least $5 million and a threshold of project experience, etc.

 

Motion:

Member Jordan moved to approve award of a contract for Bid No. 20-B-044 to Wharton-Smith, Inc. of Sanford, FL for construction of the Osprey Water Reclamation Facility Nutrient Removal Upgrade Project in the amount of $9,537,000 and authorize the Mayor to execute the contract, as recommended. Vice-Mayor Nelson seconded the motion and 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.  

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) – None. 

 

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MAYOR AND COUNCIL REPORTS

 

Mayor's Report - Mayor Diesel submitted his written report. He discussed his general observation of parking lots being full and an indication the economy was good. He also discussed recent events that he and others attended.

 

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Council Reports - Vice-Mayor Nelson requested staff provide the Stormwater Runoff Presentation that was provided to the Titusville Environmental Commission on February 10, 2021 at a future City Council meeting.  There was no objection from Council.

 

Remaining items were informational only.

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. All items were informational and which he highlighted, as followed:

 

  • Surplus asset sale proceeds
  • City of Titusville update as of February 15, 2021 (unemployment, farmer’s market, rating as one of the top places to live, the Milliken Report, etc.)
  • Special City Council meeting on February 27, 2021 at 9:00 a.m. - Purpose: Fiscal Year 2022 Strategic Planning Community Conversation
  • Special City Council meeting on March 11, 2021 at 5:30 p.m. - Purpose: Fiscal Year 2022 Strategic Planning workshop with staff

 

The aforementioned special City Council meetings would be held at City Hall. 

 

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CITY ATTORNEY’S REPORT – None. 

 

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With no further business to discuss, the meeting adjourned at 10:11 p.m.