Regular City Council - June 8, 2021

 

City Council

Regular Meeting

June 8, 2021

 

The City of Titusville City Council met in regular session on Tuesday, June 8, 2021, 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 Diesel, Vice-Mayor Jo Lynn Nelson and City Council Members Joe Robinson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes.

 

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

 

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APPROVAL OF MINUTES

 

Motion:

Member Jordan moved to approve the minutes of the regular City Council meetings on April 13, 2021 and May 11, 2021. Vice-Mayor Nelson seconded the motion. 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 – None.

 

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BOARDS AND COMMISSIONS

 

Titusville Environmental Commission – City Manager Larese announced that the Titusville Environmental Commission's semi-annual written report was included in the agenda packet. No action was required.

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Titusville Environmental Commission (TEC) - Leave of Absence – City Manager Larese advised the request was to approve TEC Member Michael Myjak's four month leave of absence from July 2021 through October 2021.

Mr. Myjak explained his leave of absence was because he purchased a cabin out of state, but would attend the meetings from zoom once he had the internet set up.

 

Stan Johnston expressed his support for Council to approve Mr. Myjak’s leave of absence, and explained Mr. Myjak was hardworking and provided good information to the Titusville Environmental Commission.

 

Motion: 

Vice-Mayor Nelson moved to approve Mr. Myjak’s four month leave of absence from July 2021 through October 2021. Member Jordan seconded the motion. The roll call vote was as follows:

 

                        Member Jordan                       Yes

                        Mayor Diesel                          Yes

                        Vice-Mayor Nelson                Yes

                        Member Stoeckel                    Yes

                        Member Robinson                  Yes

 

The motion carried unanimously.

 

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

 

Toni Shifalo thanked council and staff for the new podium.

 

Stan Johnston discussed a sewage spill and fountains near the Indian River Lagoon, etc.

 

John Niland discussed the water systems that contain 0.7 parts per million fluoride. He explained that fluoride was a non-essential nutrient or vitamin, and that it was the only chemical added to the water supply for medical treatment.

 

Michael Myjak expressed that fluoride has been in our water system for seventy-five years and was recommended by the Centers for Disease Control and Prevention.  

 

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CONSENT AGENDA 

 

City Clerk Wanda Wells advised that there were five cards from one individual.

 

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

 

A. Resolution No. 19-2021 - Advisability for Right of Way (ROW) Application No. 1-2021 - Adopt Resolution No. 19-2021 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way on July 13, 2021 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.

 

B. 2021 U.S. Environmental Protection Agency (EPA) Brownfields Community-Wide Assessment Grant - Accept grant funding in the amount of $300,000 from the U.S. Environmental Protection Agency (EPA) for a Brownfields Community-Wide Assessment Grant and approve the associated budget amendment to authorize the expenditure of grant funds.

 

C. Budget Amendment - Solid Waste Vehicles - Approve budget amendments in the amount of $854,000 from Public Works Impact Fees, unbudgeted revenue and working capital to fund the expansion of the automated sideloader fleet and rearloader fleet due to the impact of the City's growth. Additionally, fund the expansion of the automated sideloader reserve fleet and approve the associated budget amendments and creation of capital outlay projects.

 

D. Generator Maintenance Contract Award for Water Resources - Approve the award of a contract to Csonka All Tech of Titusville, FL as primary contractor and CJ's Sales and Services of Ocala, FL as the secondary contractor to provide maintenance services of Water Resources' generators, in the annual amount of $50,000, with an initial term of one (1) year and two (2) optional one-year renewals; and authorize the Mayor to execute the contract.

 

E. Purchase of Software Upgrades for the Water Reclamation Facilities Operating Systems - Approve the purchase of two AVEVA Intouch System Platform 2020 and the associated supporting items from Insource Solutions of Richmond VA in the amount of $60,100.17 to upgrade the WonderWare Software at both Water Reclamation Facilities, approve a budget amendment to fund the purchase, and authorize the Mayor to execute the contract.

 

F. Lease Acquisition of Two Streetsweepers - Approve the acquisition of two new streetsweepers from Environmental Products of Florida from Apopka, Florida under a 4-year lease agreement with Leasing 2, Inc. from Tampa, Florida in the amount of $95,710.23 annually, and a maintenance agreement in the amount of $14,400 annually. Additionally, authorize the Mayor to execute all the necessary agreement documents subject to the resolution of agreements terms and conditions by the City Manager and City Attorney, create associated capital outlay project and approve the associated budget amendment.

 

Stan Johnston expressed to Council that he supported Consent Agenda Item A and was opposed to Consent Agenda Items B, C, D, and E. He discussed improvements at the senior center, and design construction of the dam at the end of Carrol Avenue. Mr. Johnston explained that he does not support the items under the direction of Water Resources Director Sean Stauffer.

 

Motion:

Member Jordan moved to approve Consent Agenda item A through F, in accordance with recommendations. Member Stoeckel seconded the motion. The roll call vote was as follows:

                        

                        Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

                        Member Robinson                  Yes

                        Member Jordan                       Yes

 

The motion carried unanimously.

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 12-2021 Relating to Temporary Offices in Industrial Zoning – City Attorney Broome read, Ordinance No. 12- 2021 amending Chapter 28 “Zoning” of the Land Development Regulations to allow temporary offices as an accessory use in Industrial zoning classifications and specifying standards; specifically amending Section 28-342 “Accessory use table” and creating Section 28-374 “Temporary offices”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code.

 

City Manager Larese advised the recommended action was to conduct the second public hearing for Ordinance No. 12-2021.

 

The Planning and Zoning Commission considered this ordinance on June 2, 2021 and recommended approval as written with the following recommended changes: under (c)(1)b. the administrator may approve the two (2) months extension and City Council may provide additional extensions after the initial two (2) month extension. Also add to Subsection h. temporary pervious parking may be approved during site plan process of site permits by the Administrator. The motion carried with a 7-0 vote.

 

Staff distributed a revised ordinance and reviewed the changes.

 

David Mandernack from Astrotech Space Operations, expressed his appreciation toward the City for working with Astrotech quickly and cooperatively throughout the constraints of Ordinance No. 12-2021.

 

Stan Johnston expressed that the St. Johns River Water Management District required people to put retention ponds on their lots and explained that he does not want that to happen again.

 

Motion: 

Member Jordan moved to approve Ordinance No. 12-2021 Relating to Temporary Offices in Industrial Zoning. Member Stoeckel seconded the motion with discussion to clarify that it includes the staff and Planning and Zoning Commission’s recommendations excluding Section 28-374(c)(1)(a) - The building coverage maximum shall not exceed seventy (70) percent of the total lot area. The roll call vote was as follows:

 

                        Vice-Mayor Nelson                Yes

                        Member Stoeckel                    Yes

                        Member Robinson                  Yes

                        Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 

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Ordinance No. 13-2021 - Impact Fee Credit Transfers – City Attorney Broome read, Ordinance No. 13- 2021 amending the Code of Ordinances Chapter 34 “Procedures” to include provisions related to transfer of impact fee credits consistent with State law, specifically amending Section 34-426 “Impact fee credits”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.

 

City Manager Larese advised the recommended action was to conduct the second reading of Ordinance No. 13-2021.

 

The Planning and Zoning Commission considered this ordinance during their meeting on May 19, 2021 and recommended approval as presented, 7-0.

 

Member Jordan moved to approve Ordinance No. 13-2021 - Impact Fee Credit Transfers, as recommended. Member Stoeckel seconded the motion. The roll call vote was as follows:

                        

Member Stoeckel                    Yes

                        Member Robinson                  Yes

                        Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.

 

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Ordinance No. 15-2021 Relating to Breweries - City Manager Larese advised that this item was to conduct the first reading and first public hearing. No action would be required.

 

City Attorney Broome read, Ordinance No. 15-2021 amending Chapter 28 “Zoning” of the Land Development Regulations to add craft brewery/craft distillery as a permitted use with limitations in the Tourist (T), Community Commercial (CC), Downtown Mixed Use (DMU), Shoreline Mixed Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv) zoning districts, amending the permitted use with limitations to require a conditional use permit in the Urban Mixed Use (UMU) zoning district, and amending the definition and standards of craft brewery/craft distillery and removing microbrewery as a permitted use with limitations in the Downtown Mixed Use (DMU) zoning district; specifically amending Section 28-54 “Use table”, Section 28-204 “Craft brewery/craft distillery” and deleting Section 28-213 “Microbrewery”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code.

 

This was the first reading and first public hearing. The second and final public hearing was scheduled for July 13, 2021 at 6:30 PM.

 

The Planning and Zoning Commission considered this ordinance on June 2, 2021 and recommended approval with the following recommendation to change any zoning category that allows residential uses to require a conditional use where the proposed brewpub was within 100 feet of a residential use, otherwise the brewpub use shall be permitted as a limited use.  The motion carried with a 7-0 vote.

 

Community Development Director Peggy Busacca explained that some of the City’s districts were mix-use districts, which allowed residential zoning and commercial zoning to be located right next to each other.

 

Vice-Mayor Nelson explained that with conditional use and a pub if there were a significant number of complaints, City Council could modify or rescind the zoning.

 

Member Robinson expressed his concern that 100 feet was not enough distance, but appreciated that there were ways to address the complaints if there were any.

 

Council discussed the Planning and Zoning Commission’s recommendations, 100 feet buffers, noise levels, parking, etc.  Following Council’s discussion, Mayor Diesel requested additional information of examples of when the 100 feet buffer was working and when it was not working for Brewpubs that were near residential properties.   Community Development Director Peggy Busacca advised that staff would research that information.

 

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ORDINANCES-FIRST READING

 

Ordinance No. 16-2021 Grease Interceptors – City Attorney Broome read, Ordinance No. 16-2021 amending the Code of Ordinances to amend Chapter 21, Article III, Division 8 “Grease Interceptors” of the Code of Ordinances to provide flexibility to existing facilities requiring a grease interceptor; by amending section 21-240(a)(1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3) and deleting section 21-240(c)(1); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.

 

This was the first reading. The second reading and public hearing was scheduled for the regular City Council meeting on July 13, 2021 at 6:30 p.m.

 

Mayor Diesel discussed his concern for the cost of grease traps, because of the large range in price from a few hundred up into the thousands.

 

Water Resources Department Utility Engineer Manager Ashleigh Smith reviewed other municipalities’ codes, options, and risks and revised the Code that addressed existing facilities. The revisions removed the case by case evaluation process, and allowed the design and sizing for new interceptors in existing facilities to be constructed by design professionals’ recommendations, Florida Building Code, and sizing calculations. These factors determined the devices size and if the device was internal or external.

 

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OLD BUSINESS – None.

 

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NEW BUSINESS

 

Sand Point Park Sewer Spill Update – City Manager Larese advised the recommended action was to authorize the City Manager to execute Consent Order 21-0113 with the Florida Department Environmental Protection.

 

Water Resources Director Sean Stauffer presented Corrective Actions Eliminating the Cause and Preventing Recurrence Force Main Leaks:

  • Corrective Actions Undertaken Prior to Consent Order
    1. Isolated Ponds
    2. Added Aeration
    3. Removed Contaminated Water
    4. Delayed Reconnection
    5. Inventoried Force Main Crossings
    6. Developing New Specifications
    7. Improving Early Warning Systems
    8. Designing Replacement of Force Main
    9. Sand Point Stormwater Ponds Evaluation
  • Crossing Assessments (Time Constraints)
  • Capacity, Management, Operations and Maintenance (CMOM) and Asset Management (AM) Program Plan
  • Force Main Replacement
  • Civil Penalties and Cost
  • Installed East and West Ponds (Beemats)

 

Water Resources Director Sean Stauffer explained that Water Resources would check the hourly flows and compare those hourly flows to a seven-day previous running average.

 

Stan Johnston asked Council and Water Resources Director Sean Stauffer how the meters did not detect seven million gallons of leakage, etc.

 

Vice-Mayor Nelson moved to approve Consent Order 21-0113 with the Florida Department of Environmental Protection, as recommended. Member Stoeckel seconded the motion. The roll call vote was as follows:

 

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 (NON-AGENDA ITEMS)

 

Nathan Slusher requested two items be reviewed: (1) the possibility of installing flow meters with lights when building aerial crossings/water crossings to allow citizens to call the City to prevent large water and/or sewer leaks and (2) As it related to Beemats and removing clippings that contain nitrogen and phosphorus, Mr. Slusher asked if there would be a way to give the nitrogen and phosphorus back to the local farmers.  Water Resource Director Sean Stauffer advised that he could discuss with the contractor to see how the clippings were being disposed of at this time.

 

Member Stoeckel asked if there was somebody monitoring for a leak 24/7. Sean Stauffer explained that there were multiple monitoring systems throughout the system, including the level of the wet wells and lift station. He explained the Scada system, that reviews levels 24/7 and was equipped with an auto dialer that would alert the on-call supervisor.

 

Anna Breman from Luna Trail complex discussed an increase in rent for low-income housing.

 

Sharon Joache from Luna Trail explained that the lease was advertised for $636 and when they arrived, it was changed to $705 plus $50 for washer and dryer and also added water and sewage. Ms. Joache explained that when she asked about increase and issues, no one would answer her.

 

City Attorney Broome explained that Luna Trail sounded like a Federal Program that was not run by the City. He suggested talking with Neighborhood Services Director Terrie Franklin to figure out what programs were available.

 

Member Robinson explained that Housing and Urban Development (HUD) raises and sets the standards of rent prices per zip code every year. Member Robinson suggested contacting HUD and Fair Housing Bureau to review the agreement for the tax credit and the standards. He also explained that the agreement was between HUD and the contractor, so locally the City had no power over the increases of rent.

 

Valerie Fortunate from Luna Trail complex stated that she moved in June 1, 2021 and has not received a copy of her lease agreement. She explained that when they received all her bank statements and paperwork for the lease agreement, the company was using her stimulus check as part of her income.

 

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MAYOR AND COUNCIL REPORTS

 

Mayors Report – Mayor Diesel submitted his written report.

 

Mayor Diesel expressed that he fed the homeless breakfast on May 29, 2021 with Vice-Mayor Nelson. He also went to Port Canaveral to view the new Carnival Cruise Mardi Gras. He attended Titusville High School’s graduation and Astronaut High School’s graduation.

 

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Council Reports

 

Vice-Mayor Nelson went to the Breakfast for the homeless on May 29, 2021 and served 52 meals. She also went to the mangrove planting at the end of Main Street.

 

Vice-Mayor Nelson commented on a previous discussion on the possibility of having a viewing area at Scobie Park.  City Manager Larese advised that this park was in the Community Redevelopment Agency (CRA) and staff could bring back this concept to the CRA for discussion.   There was no objection from the City Council.  

 

Member Robinson attended a training webinar with the representative for the Affordable Housing Council regarding the future planning of land use.

 

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CITY MANAGERS REPORT 

 

City Manager Larese submitted his written report.

 

City Manager Larese commented on the partnership with Brevard County Schools, which allowed the Titusville Police Department to use Madison Middle School for an active shooter training class.

 

He expressed that the City currently has 46 projects underway, including 11.8 miles of roadway that were paved.

 

He remined council about the fourth of July celebration from 7:00 p.m.-9:30 p.m. at the Chain of Lakes.

 

Remaining items were informational only.

 

 

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CITY ATTORNEY’S REPORT – None.

 

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With no further business to discuss, the meeting adjourned at 8:45 p.m.