Regular City Council - July 27, 2021 at 6:30 PM

CITY OF TITUSVILLE

CITY COUNCIL AGENDA

 

TUESDAY, JULY 27, 2021

6:30 PM – COUNCIL CHAMBER

555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FLORIDA 32796

 

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1. CALL TO ORDER

 

2. INVOCATION - A moment of silence will be held. 

 

3. PLEDGE OF ALLEGIANCE 

 

4. APPROVAL OF MINUTES

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for July 27, 2021 at 5:30 p.m. to hear all the presentations as outlined in the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on July 27, 2021 that commences at 6:30 p.m.

 

6. BOARDS AND COMMISSIONS

 

A. Board of Adjustment and Appeals - Reappoint two (2) regular members to the Board of Adjustments and Appeals for two (2) year terms to expire on July 31, 2023.

 

B. Titusville Historic Preservation Board (HPB) - Leave of Absence - Approve Historic Preservation Board Member Jean Caramanna Collins' four month leave of absence from July 2021 through October 2021.

 

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

 

8. CONSENT AGENDA

 

A. Planning and Building Services Continuing Consultant - Approve the final ranking for award of Planning & Building Services: Continuing Consultants (RFQ#21-Q-033) to Joe Payne, Inc. of Tampa, Florida (building services) and Canin and Associates of Orlando, Florida (planning services). Authorize staff to conduct contract negotiations with Joe Payne, Inc. of Tampa, Florida and Canin and Associates of Orlando, Florida. Additionally, authorize the Mayor to execute the contracts upon satisfaction of terms and conditions through review of the City Manager and City Attorney.

 

B. Work Order No. 2 to Terracon Environmental Consultants for Brownfields Environmental Consulting Services - Approve the assignment of Work Order No. 2 to Terracon Environmental Consultants for Brownfields Environmental Site Assessments (ESA) services and authorize the Mayor to execute said Work Order upon acceptance by the City Manager and City Attorney.

 

C. Area III Wellfield Renewal Program - Approve the award of Work Order #BFAWR010 to Barnes Ferland and Associates, Inc. of Orlando, FL in the amount of $174,768 for services including, but not limited to, the modification of Consumptive Use Permit (CUP) Number 10647-10 for the City of Titusville Area II and III Wellfields, and authorize the Mayor to execute the work order.

 

D. Annual Resurfacing Change Order #2 – Masci Construction - Approve Change Order #2 to the Annual Resurfacing Contract to Masci General Contractor, Inc. of Port Orange, Florida in the amount of $35,202 to provide for the final balance of the construction of the project due to actual square yards milled and asphalt tonnage used. Additionally, authorize the City Manager to execute the change order.

 

E. Highway Maintenance Agreement - Resolution No, 23-2021 - Approve Resolution No. 23-2021 and the associated Highway Maintenance Agreement authorizing the State of Florida Department of Transportation (FDOT) and the City of Titusville to execute a Memorandum of Agreement between the City and FDOT for the maintenance of state road rights-of-way by the City and authorize the City Manager to execute the agreement.

 

F. Purchase of 4 SpeedCheck Signs - Approve the use of FDOT contract for APL Traffic Equipment for the purchase of four (4) SpeedCheck radar feedback signs in the amount of $20,300 from Temple, Inc. of Decatur, AL to be installed to Deleon Avenue and Hickory Hill Blvd. Additionally authorize the City Manager to approve the purchase order to process this acquisition.

 

G. Engagement Letter to retain Rhonda Bond-Collins, Esq. of the Bryant, Miller, Olive, P.A. law firm as general bond counsel to the City of Titusville - Authorize Council to accept the Engagement Letter of representation from Attorney Rhonda Bond-Collins relating to the review of Leasing 2 documents.

 

H. Resolution No. 24-2021 Approving Temporary Closure of State Roads for Special Event - Astronaut High School Homecoming Parade - Approve Resolution No. 24-2021 approving the temporary closure of Garden Street (SR 406) on September 23, 2021 for the Astronaut High School homecoming parade.

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

 

A. First Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement - DA #1-2021 - Approve the First Amendment to the Tranquility Development Agreement.

 

The Planning and Zoning Commission (P&Z), acting as Local Planning Agency, reviewed this request at their meeting on July 21, 2021 and recommended approval, 7-0. The P&Z members encouraged an alternative to using impervious concrete for the walking trail, but keep it ADA accessible.

 

10. ORDINANCES-FIRST READING 

 

A. Ordinance No. 17-2021 Specific Revisions to the Firefighters' Pension Plan and established "Share Plan" to provide special benefits to Firefighters - Conduct the first reading of Ordinance No. 17-2021 – An Ordinance of the City of Titusville, Florida Amending Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan, of the Code of Ordinances of the City of Titusville; Amending Division 5, Section 15-222, Benefits Effective June 30, 2013, And Division 5, Section 15-237, Supplemental Benefit Component for Special Benefits; Chapters 175 and 185 Share Accounts.

 

B. Ordinance No. 18 - Relating to Review of Lot Splits and Flag Lot Approvals - Conduct the first reading of Ordinance No. 18-2021 amending the Land Development Regulations to delete provisions related to lot splits and amend provisions related to flag lots by amending Chapter 30 “Development Standards” specifically amending Sections 30-140 “Flag lots” and 30-237 “Public streets and private roads in subdivisions”, Chapter 34 “Procedures”, specifically renaming Article III “Subdivisions” Division 2 “Lot Split”, renaming and amending Section 34-113 “Lot split qualifications”, deleting Sections 34-111 “Intent”, 34-112 “Application” and 34-114 “Approval”, amending Chapter 34 “Procedures” by amending Sections 34-126 “Intent”, 34-143 “Small-scale plat qualifications”, and 34- 214 “Application classifications and review schedules”, amending Chapter 37 “Definitions” by amending Section 37-1 “Definitions” and amending “Development Review Procedures Technical Manual” by deleting Section 8 “Lot Split”, providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. 

 

(This is the first reading. The second reading and public hearing is scheduled to be conducted by City Council on August 10, 2021.) This ordinance was reviewed by the Planning and Zoning Commission at their meeting on July 21, 2021 and recommended approval, 5-2. The members that did not vote in favor of the approval said the ordinance change did not resolve the problem.

 

C. Ordinance No. 19-2021 Relating to Floodplain Regulations - Conduct the first reading of Ordinance No. 19-2021 amending floodplain management standards to be consistent with Federal Emergency Management Requirements by amending Chapter 30 “Development Standards”, specifically amending Sections 30-92 “Applicability”, “(c), Basis For Establishing Flood Hazard Areas”, 30-100 “Definitions”, and 30-104 “Manufactured Homes”, “(d), Elevation”, provide for severability, repeal of conflicting ordinance, effective date and incorporation into the code.

 

(This is the first reading of Ordinance No. 19-2021. The second reading and public hearing is scheduled to be heard by City Council on August 10, 2021 beginning at 6:30 PM). The Planning and Zoning Commission considered this ordinance during their meeting on July 21, 2021 and recommended approval as presented, 7-0.)

 

D. Ordinance No. 20-2021 - Tree Protection - Table the first reading of Ordinance No. 20-2021 to August 10, 2021.

 

11. OLD BUSINESS

 

A. Landscape Gateway Concept Plan Updates - Provide staff direction for implementation of landscape gateway locations.

 

12. NEW BUSINESS

 

A. Proposed Tentative Operating Millage of $8.2461 mils and Proposed Tentative Voted Debt Service Millage at $0.2941 mils - Set the tentative Operating Millage rate for the Fiscal Year 2022 budget at $8.2461 mils, which is 10.00% above the rolled back millage rate of $7.2145 mils. Set the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.2941 mils. The maximum levy authorized by the Series 2005 General Obligation Bonds is $0.5930 mils.

 

B. Elizabeth Oaks Townhomes - Sketch Plat - Approve the Sketch Plat for Elizabeth Oaks Townhomes.

 

The Planning and Zoning Commission considered this item during their meeting on July 21, 2021 and recommended approval as presented, 7-0.

 

C. Use of the City Portion of NBEDZ TIF for US 1 Sanitary Sewer Installation and Lift Station Construction Project - Approve the use of the City's portion of the North Brevard Economic Development Zone's (NBEDZ) tax increment financing (TIF) for US 1 sanitary sewer installation and lift station construction project, and authorize the Mayor to execute the agreement.

 

D. American Rescue Plan Act - Water Resources Projects and Programs - Approve the following American Rescue Plan Act Investments in Water and Sewer: Causeway Lift Station Improvements $800,000, Armstrong Chemical Addition Project $600,000, Backflow Preventers $100,000, and Grease Interceptors $300,000 and the associated budget amendments for each of these items.

 

E. American Rescue Plan Act - Stormwater Projects - Approve and allocate $590,000 American Rescue Plan Act (ARPA) funds for stormwater water quality projects. Additionally, approve the associated budget amendment to create the projects.

 

F. American Rescue Plan Act - City of Titusville Premium Pay - Approve the allocation and use of American Rescue Plan Act (ARPA) funds in the amount of $350,000 to provide premium pay for City of Titusville employees who meet the eligibility requirements outlined in the ARPA of 2021. Approve associated budget amendment for this item.

 

13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA

ITEMS)

 

14. MAYOR AND COUNCIL REPORTS


A. Mayor's Report - The Mayor's Report is included in the agenda packet.

 

B. Council Reports - City Council Members will provide their individual reports.

 

15. CITY MANAGER’S REPORT

 

A. City Manager's Report - The City Manager's Report is included in the agenda packet.

 

16. CITY ATTORNEY’S REPORT