Regular City Council - September 28, 2021 6:30 PM

City Council

Regular Meeting

September 28, 2021

 

The City of Titusville City Council met in regular session on Tuesday, September 28, 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 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 City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff 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. 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 meeting on August 24, 2021 (6:30 p.m.) and special City Council meetings on September 7, 2021 and September 15, 2021, 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

 

City Clerk's Department Spotlight – City Clerk Wanda Wells provided a video presentation on the services provided by the City Clerk’s Office. No action was required.

 

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BOARDS AND COMMISSIONS

 

North Brevard Commission on Parks and Recreation – This item was tabled at the regular City Council meeting on September 14, 2021. The request was to appoint one member to the North Brevard Commission on Parks and Recreation for an unexpired term to expire on August 31, 2023. Two applications from Mr. Stan Johnston and Ms. Koren Odermann were on file for the Council’s consideration.

 

Stan Johnston distributed information and spoke on his qualifications. He commented on concerns for a prior issue that occurred at Sand Point Park and concerns for public health and safety.

 

Motion:

Member Jordan moved to appoint Koren Odermann as a member of the North Brevard Commission on Parks and Recreation for an unexpired term to expire on August 31, 2023. 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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Community Redevelopment Agency – The request was to appoint one (1) member at large to the Community Redevelopment Agency (CRA) for a four (4) year term to expire on September 30, 2025. Mr. Jim Ball requested being reappointed to the CRA. His application was on file for the Council’s consideration.

 

Jim Ball requested being reappointed to the CRA. He briefly commented on upcoming development related activities and the importance and scope of work of the CRA.

 

Stan Johnston submitted a public speaking card. He supported Mr. Ball’s application. Mr. Johnston expressed concerns on a prior issue at Sand Point Park, located within or near the CRA geographical boundaries.  

 

Motion:

Member Jordan moved to reappoint Jim Ball as a member at large of the Community Redevelopment Agency, for a four-year term to expire on September 30, 2025. Vice-Mayor Nelson 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. 

 

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Board of Adjustment and Appeals - The request was to appoint one alternate member to the Board of Adjustments and Appeals for an unexpired term to expire on July 31, 2023. One application from Mr. Jonathan Van Zyll De Jong was on file for the Council’s consideration.

 

Jonathan Van Zyll De Jong spoke on behalf of his application.

 

Motion:

Vice-Mayor Nelson moved to appoint Jonathan Van Zyll De Jong as an alternate member of the Board of Adjustments and Appeals, for an unexpired term to expire on July 31, 2023. Member Jordan 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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North Brevard County Hospital District Board – Board Chairperson Mr. Herman Cole highlighted the North Brevard County Hospital District Board's Semi-Annual Report. No action was required.

 

Council gave a standing ovation and thanked the board, the hospital, and medical community for their dedication, sacrifice, and caring for the community during the pandemic (COVID-19).

 

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

 

Stan Johnston expressed concerns on a prior issue or sewer spill at Sand Point Park and concerns for public health and safety and the health of the Indian River Lagoon.

 

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CONSENT AGENDA

 

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

 

  1. CCTV Sanitary Sewer Camera Purchase - Approve award of a contract for Bid #21-B-047 for the purchase of a new CCTV sanitary sewer camera to Reliability Point, LLC of Baton Rouge, LA in the amount of $63,399 and authorize the Mayor to execute the contract.

 

  1. Lease Acquisition of Two Street Sweepers - Approve the completion of the lease acquisition of two new street sweepers from Environmental Products of Florida for $448,880 with an annual Maintenance Agreement of $115,200. Approve the 5-year lease agreement with Bank of American, National Association, for the financing of two streets sweepers with annual payments of $118,008 for five years with a Repurchase Agreement in the fifth year of $100,000 once the Street Sweepers have been returned. A maintenance agreement in the amount of $28,800 annually is included in the annual payment. Approval of Resolution No. 34-2021 and additionally authorizing the Mayor to execute all the necessary agreement documents subject to the agreement’s terms and conditions.

 

  1. Laboratory Analysis Contracts - Authorize award of primary and secondary contracts for Bid No. 21-B-046 for "Laboratory Analysis (Re-Bid) – Water Resources" as follows: Award primary contract to Flowers Chemical Laboratories, Inc. of Altamonte Springs, FL in the amount of $58,575.00. Award secondary contract to Advanced Environmental Laboratories, Inc. of Jacksonville, FL in the amount of $64,075.00. Authorize the Mayor and City Manager to execute the contracts upon review and approval by City Attorney.

 

  1. Avis Rental Contract for Titusville Police Department Investigative Services - Approve piggyback State of Florida Contract #78111808-20-1 with Avis Rental for the program and approve Avis Rental as a vendor of record over $15,000.

 

  1. Resolution No. 35-2021 Approving Temporary Closure of State Roads for Special Events - Downtown Street Party and Monster Walk - Approve Resolution No. 35-2021 approving the temporary closure of S. Washington Avenue (US Highway 1) on October 23, 2021 for the Downtown Street Party and Monster Walk.

 

  1. Contract Award for the Purchase of SCADA Towers for Master Pump Station (MPS) and Raw Water Transfer Stations (RWTS) - Approve the award of a contract to Tashjian Towers Corporation, Inc. of Fowler, CA in the amount of $28,321 for the purchase of two Supervisory Control and Data Acquisition (SCADA) towers for Master Pump Station (MPS) and Raw Water Transfer Stations (RWTS) and authorize the City Manager to execute the contract.

 

  1. Purchase of 6-inch Pump with Trailer - Approve the purchase of a 6-inch pump with trailer from Thompson Pump & MFG Co., Inc. of Port Orange, Florida in the amount of $55,312 per the Florida Sheriff's Association Contract No. FSA20-EQU18.0 Heavy Equipment Group, Item #276. Additionally, approve the associated budget amendment.

 

  1. Award of Contract for the South St Elevated Water Storage Tank Demolition to Milburn Southeast, LLC Award of Contract for the South St Elevated Water Storage Tank Demolition to Milburn Southeast, LLC - Approve award of a contract for Bid No. 21-B-035 to Milburn Southeast, LLC of Tampa, FL for the South St Elevated Water Storage Tank Demolition in the amount of $168,500 and authorize the Mayor to execute the contract upon review and approval of City Attorney and City Staff.

 

  1. Change Order #3 to Contract #CN20-B-044 with Wharton Smith, Inc. for Bypass Valves - Approve Change Order #3 in the amount of $63,831.04 to contract #CN20-B-044 with Wharton Smith, Inc. to include two additional valves for the bypass line and authorize the City Mayor to execute the change order.

 

Stan Johnston submitted public speaking cards on Consent Agenda Items A, C, E, F, G, H, and I.

He discussed reasons why he supported Items C and E and why he was neutral on the proposed actions in Items A, F, G, H, and I. 

 

Motion:

Member Jordan moved to approve Consent Agenda Items A through I, in accordance with recommendations. Vice-Mayor Nelson 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 – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 20-2021 - Tree Protection – This item was tabled at the regular City Council meeting on August 24, 2021 at 6:30 p.m.

 

City Attorney Broome read Ordinance No. 20-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR STANDARDS OF TREE PROTECTION INCLUDING THE DESIGNATION OF PROTECTED TREES, CREATION OF TOTAL CANOPY AND PRESERVED CANOPY REQUIREMENTS, STANDARDS FOR REMOVAL OF HERITAGE TREES, ESTABLISHMENT OF INCENTIVES TO PRESERVE TREES AND REDUCE MITIGATION, AND AMENDING CRITICAL ROOT ZONE, TREE SURVEY AND BUFFER YARD REQUIREMENTS, BY AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS” SPECIFICALLY AMENDING SECTIONS 30- 31 “INTENT”, 30-32 “CRITERIA FOR REMOVAL”, 30-33 “RELOCATION OR REPLACEMENT OF TREES” 30-34 “MITIGATION PLAN”, 30-35 “EXCEPTIONS”, 30-39 “TREE REMOVAL, PERMIT REQUIRED”, 30-40 “TREE SURVEY REQUIRED BEFORE PERMIT” 30-324 “LANDSCAPE”, 30-334 “REDUCTION IN REQUIRED LANDSCAPE YARDS”, AND 30-338 “NATURAL BUFFER YARDS”, AND CREATING NEW SECTION 30-31.5 “CANOPY REQUIREMENTS”; PROVIDING FOR GRANDFATHER PROVISION, 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 provided in the Council agenda packet.

 

The Titusville Environmental Commission and the Planning and Zoning Commission recommended tree protection ordinances, which were included in the agenda packet.

 

At the regular Planning and Zoning Commission (P&Z) meeting on August 18, 2021, a motion was made to recommend to the City Council that the Planning and Zoning Commission (P&Z) recommended the Planning and Zoning Commission’s version of the tree protection ordinance, and if the P&Z version was not approved by the City Council, the P&Z recommended approving the staff version that was being presented to City Council. The P&Z motion or recommendation was approved with a 5 yes, 1 no vote. P&Z Member Rice voted no.

 

Community Development Director Busacca acknowledged many individuals and groups that worked and collaborated over a lengthy period of time on drafting (revised) tree protection regulations. To this, she gave a presentation that reviewed the following information:

 

  • The current approach of tree preservation in residential subdivisions, mitigation, landscaping required
  • The current City Code regulations on these matters
  • The draft ordinance – August 2021 (status)
  • The draft ordinance – September 2021 (status following the City Council meeting discussion on August 24, 2021)
  • Items that did not change

 

Mayor Diesel acknowledged the substantive amount of work that staff and others had put into drafting City tree protection regulations. He advised that not everyone would be pleased and reaching a compromise amongst all stakeholders may be the solution. Per Mayor Diesel’s request, Community Development Director Peggy Busacca identified and highlighted the changes in the draft copy of the staff version of the ordinance, specifically prior to and then during the ordinance language changes that the Council requested at the regular City Council meeting on August 24, 2021 (6:30 p.m.). In general, the changes Council requested thus far affected the following:  

 

  • Tree canopy requirements and coverages and for various land use or zoning type categories
  • Mitigation requirements
  • Flexibility and incentives (struck or removed for Industrial and Commercial and residential areas not within a subdivision)
  • Burning

 

Information or ordinance language corrections were also distributed by staff at this meeting and hearing on September 28, 2021 (6:30 p.m.)

 

Member Jordan commented on the importance of protecting property owner rights and property owners being able to develop their properties as they wish, but within reason. He advised that he was mostly satisfied with the proposed ordinance language. Per his request, Community Development Director Busacca reviewed how commercial and multi-family properties were considered differently in the proposed ordinance.

 

Member Jordan further commented on grandfathering provisions, proposed ordinance Sections B, C, and D, and final plat approval. He felt previously recorded development agreements needed to be kept in-tact and included in these sections of the ordinance.  

 

Vice-Mayor Nelson desired more information on addressing the growth of trees in commercial parking lots, versus growth becoming stagnant. She also wanted to address more trees in front yards. To this, Community Development Director Busacca recommended Council consider these items for advisability for staff to review the Code, due to their concepts were not captured under the current public advertising of the proposed ordinance. Staff had been talking with an arborist on how to accomplish these ideas. Trees in commercial parking lots may not always grow well, due to the soils put in those areas were not always conducive for tree growth. The arborist mentioned soil tests like pH or acidity testing, etc. Again, this would be a separate ordinance.

 

Member Robinson commented on the process thus far to arrive at being presented with the proposed draft ordinance(s) and the importance of compromise. He spent a substantial amount of time evaluating these matters and he was pleased with Council’s guidance thus far.

 

Member Stoeckel desired voting on the ordinance at the meeting, but which she felt would be a compromise of the input by many stakeholders. She advised the three items that were important to her or that she desired more clarification or compromise on included:

 

  1. Member Stoeckel desired tree canopy in all residential, so she was surprised the Council may only be considering single family residential.
  2. Burning on site. She had since changed her opinion slightly after receiving emails and she desired providing incentives not to burn on site.
  3. Grandfathering provisions – exclude applying new regulations against those that had already started the development process under the current or what would become the prior Code regulations, prior to the adoption of the proposed ordinance.

 

Mayor Diesel commented how two years had been dedicated thus far to reviewing tree protection regulations. He commented on the importance of smart growth, protecting the City’s beauty and environment, while also supporting growth.

 

Mayor Diesel opened the public hearing.

 

Kay St. Onge read from a prepared statement that reviewed the efforts to arrive at drafting the proposed draft ordinance(s). She supported the September 2021 draft of the proposed ordinance based on the changes the Council requested at a prior Council meeting on August 24, 2021 (6:30 p.m.).  

 

Pam Dirschka read from a prepared statement. She requested Council approve the proposed ordinance, but she felt it was weaker than previous draft versions. She further highlighted her concerns on burning, not yielding to the economic picture, not all properties should be developed if they were located in low lying areas and required fill dirt, growth presented a challenge or risk for losing trees, etc.

 

Kate Perez supported Ms. Dirschka’s comments. She felt stronger rather than weak regulations should be adopted to protect trees. Ms. Perez commented on an old academic idea that if a City was not growing, it was dying had been replaced by academia that now taught sustainable growth. She warned against losing or not having enough trees and the City using up (depleting) its finite natural resources. Ms. Perez was also concerned with the City growing beyond the limit of its natural environment and the lagoon possibly being beyond repair, even with substantial financial resources and remediation efforts. Ms. Perez offered the Chesapeake Bay as an example. Trees absorbed polluted stormwater and prevented it from reaching and harming the lagoon and marine life. Trees also provided shade, protection from the heat, and habitats for birds and animals, etc.

 

Deborah Tomkinson advised that trees and large tree canopies increased home values, provided for an attractive community, etc. She advised that the general population would never support removing trees, only to replant new trees on sites where fill dirt was used to raise development sites. She also commented that the City Council’s job was tough.

 

Toni Shifalo read from a prepared statement that reviewed information on emotional and scientific pleas and evidence presented from the community on protecting trees. The community did want growth, but not at the cost of harmful stormwater runoff that harmed the lagoon and the environment, by not having enough trees that would otherwise help mitigate these matters. Ms. Shifalo requested the Council adopt staff’s version of the proposed ordinance, which she felt was a compromise and improved the present regulations.

 

Maureen Rupe, a member of the Titusville Tree Team, read from a prepared statement that reviewed her concerns on nuisance and non-native tree species not being mentioned in the regulations. She was also surprised to see palms excluded and felt this was surprising, due to palms were a symbol of Florida. Ms. Rupe also expressed concerns about black mangrove trees. She requested Council approve the ordinance, with the recommended changes on an errata sheet or information that was distributed at the meeting.

 

Thomas Perez did not have any more comments to add to the public hearing, other than he preferred the Titusville Environmental Commission’s (TEC) draft of the proposed ordinance.

 

Laurilee Thompson read from a prepared statement. She advised that she met with individuals earlier in the day that had varying perspectives and responsibilities to the development community and economy, the lagoon, the environment, and marine life or a combination thereof. It was a public relations nightmare for the lagoon, which was interconnected. The water quality of the lagoon was connected to the return or growth of new sea grass. Sea grass was connected to the health of manatees and manatee deaths. Threats to tourism revenue was connected to anticipated manatee deaths next winter. Trees were connected to absorbing polluted stormwater run-off and the health of the lagoon, etc. To this, Ms. Thompson requested the Council approve staff’s version of the proposed ordinance and allow current development plans to continue as planned.

 

Mary Sphar advised that she and the Sierra Club supported the proposed ordinance, but with the errata sheet with corrections to the proposed ordinance language (information distributed at the meeting). The Sierra Club recognized that the proposed ordinance and the suggested changes were a compromise. Ms. Sphar also commented on balancing economic growth and protecting the environment, supporting the appeals and grandfathering ordinance provisions, low impact development, etc.

 

Taiter Carson, a developer, did not support the proposed ordinance. If approved, he expressed concern on the impacts it would cause to future development projects. Mr. Carson was also concerned that the proposed ordinance would not enable him to build to the vertical height he desired for property that he owned. Additionally, Mr. Carson was concerned with the definition for heritage tree and junk trees (like rubber trees, etc.) would be protected or require mitigation. He supported developers deciding their buffers, tree canopies, how or which trees were cut down on a project site, professional arborists giving their opinions, costs being passed onto property owners, etc.

 

Rodney Honeycutt, an engineer, appreciated that tree canopy requirements would not be imposed on commercial and industrial properties. He highlighted many modern protections and regulations that benefitted the environment and the lagoon. To him, it was older development projects that had contributed and continued to contribute to the poor health of the lagoon. Additionally, Mr. Honeycutt supported the grandfathering provisions, tree maintenance in existing large parking lots (a separate issue), etc.

 

Stan Johnston, an engineer, briefly commented on working on site plans 25 or more years ago and some trees were more important than others.

 

Edward Newman, a local business owner and developer, expressed concern on understanding ordinance language, Code options, and the financial impact or costs developers must pay when considering the requirements in the existing Code and the proposed ordinance. He supported grandfathering provisions and maintaining the option(s) regarding tree canopy. Mr. Newman commented on the State of Texas adopted laws regulating to what extent cities could adopt similar ordinances. He also supported a free market and allowing developers to decide on these matters.

 

Bruce Moia, representative of the Space Coast Home Builders Association (HBCA), distributed information containing two requests or revisions to the proposed ordinance. The first requested revision encouraged planting larger mature trees to meet both required landscaping and mitigation (and to offset or reduce costs) of removed trees. The second requested revision discussed removing commercial and industrial from the proposed ordinance. 

 

Simon Strafford, an arborist at Strafford Tree Service, commented that development was a necessity, but there was a trade-off that caused impacts to the environment. He commented on an expansive fungal network called the mycelium fungi and that was joined with every green thing growing on the planet. Without this fungi, humans would not exist, which he explained its role in biology, the fungi’s purpose, and the impact by removing some of this material that took a substantive long time to accumulate and may cause a tipping point if unbalanced.

 

Motion:

Vice-Mayor Nelson moved to give Simon Strafford an additional 30 seconds to speak. Member Jordan seconded the motion and it carried unanimously.

 

Mr. Strafford continued. About burning, a university study indicated was that live plant viruses and fungal spores persisted (continued to live) in the environment and were carried to wherever the smoke and winds transported the spores and viruses. Some trees also emitted volatile organic compounds (VOCs) when burned and these reacted with other compounds that caused ozone and respiratory issues. Mr. Strafford added that human biology and the environment shared many of the same chemical compounds and both were interconnected. He also felt that stakeholders should be careful when relying on or considering information and the examining the qualifications and experience for whom was providing information. Everyone needed to try a little better, because once humanity passed the planet’s tipping point, no amount of money could recover what was lost.

 

Vice-Mayor Nelson and Mr. Strafford briefly discussed respiratory issues caused by burning.

 

Karre Strafford advised that just as some public and health community leaders recommended trusting science and receiving the COVID-19 vaccine during the pandemic, the City Council should also consider environmental science. She also discussed her involvement in a project with or for Brevard County, where all trees were removed from a subdivision (Home Owners Association). Her point was that pH levels or the soil acidity of these subject sites needed to be examined before replanting trees and sufficient room specific to tree species needed to be provided for proper growth and maturity of trees. Ms. Strafford gave an example that a live oak tree needed a one thousand square feet of space to properly grow and eventually provide the desired tree canopy. Her request was for the City to consider each development project by merit or each site on a case by case analysis for the sites soil pH, site conditions, and more.

 

Dwight Severs requested Council consider the Planning and Zoning Commission’s draft of the proposed ordinance. He advised that he did not like approximately 10 items within City staff’s draft of the proposed ordinance; however, it was time to move forward and an ordinance could be amended in the future. Mr. Severs also supported Laurilee Thompson’s comments and he advised that even older development projects from 30 years ago complied with St. Johns River Water Management District (SJRWMD) stormwater requirements, but yet he felt the lagoon was in worse condition now than it was 30 years ago.

 

Cole Oliver, representing a current development project, was not opposed to the proposed ordinance, but his firm desired clear ordinance language and grandfathering of previous development agreements, etc. Mr. Oliver also advised that he served on the St. Johns River Water Management District (SJRWMD) Board. About burning, it was a natural event in the ecosystem, but he and his firm did not have a position on this matter. The catastrophic wild fires that were presently happening in the western United States were a result of not allowing prescribed burns for many years.

 

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

 

Council discussion ensued.

 

Mayor Diesel advised that he agreed with Dwight Severs and that it was time to move forward.

 

Member Jordan desired making a motion, being clear on grandfathering prior approved development agreements, having further discussion on burning, developers had tight budgets, developers passing increased costs onto consumers, and he could support burning on site. He also supported the proposed regulations for single family properties, not multifamily, as he felt multifamily was too similar to commercial properties, with parking lots for resident, dumpsters, etc.  

 

Vice-Mayor Nelson supported Member Stoeckel’s position on the proposition of burning on site. She also desired tree canopy requirements being extended to all residential development, including multifamily.  

 

Per Mayor Diesel’s request, Community Development Director Peggy Busacca advised that the latest draft ordinance from September 2021 specified tree canopy in single family residential, whereas a prior version of the draft ordinance broadly indicated residential.

 

Per Vice-Mayor Nelson’s request, Community Development Director Busacca reviewed her questions on how Mr. Moia’s suggestions could affect the proposed legislation. Discussion ensued on planting trees, tree caliper (measurement) requirements, tree removal and meeting minimum tree planting requirements for landscaping (detailed and specific). There was also an indication that trees in commercial and industrial development projects were not included in the proposed ordinance, but this was not true; trees that were between 14-inches to 20-inches in diameter were addressed in the proposed ordinance for these land use or zoning categories.

 

Discussion continued on having robust or significant tree mitigation regulations, having larger trees, trees 4-inches or larger subject to mitigation (a change that could be made if approved), etc.

 

Member Stoeckel reviewed her position on tree canopy for commercial and industrial. She also commented on residential. Member Stoeckel indicated there were other options for burning than onsite (a cost-benefit approach). She supported grandfathering. She also supported Bruce Moia’s suggestion on 4-inch trees.

 

Per Mayor Diesel’s request, Simon Strafford of Strafford Tree Service and Community Development Director Busacca discussed the differences between prescribed or controlled burns versus burning land and tree debris on development sites. This discussion reviewed information on Florida forestry, burning via the natural cycle versus controlled burns, biology related to trees, fires that could destroy trees that grew amongst old large underbrush or that did not destroy the trees amongst small underbrush, seed germination and surviving seed spores that were carried away by smoke, etc.  With a larger burn, more fungal spores were carried away in the air.

 

Member Stoeckel added more to her position captured in the aforementioned section of minutes.

 

Member Robinson and Community Development Director Busacca discussed his questions related to Mr. Moia’s suggestion and the present suggested ordinance language on trees. The current proposal was for a minimum planting from 1-inch to 3-inch. There was an additional suggestion on planting a 4-inch or above sized tree(s), for which it was suggested an additional mitigation credit would be given.  

 

Member Robinson also commented that the concerns he heard from other Council on burning were issues it may cause for some with respiratory related medical conditions.  

 

Council discussion and debate ensued on the following items:

 

  • The differences on the duration of a controlled burn versus burning on site (how long each event lasted)
  • The current Code versus the September 2021 draft ordinance proposed mitigation for trees 14-inches to 20-inches in diameter in industrial areas and tree canopy was optional in the proposed draft.
  • Single family versus multifamily
  • The current Code versus the September 2021 draft ordinance proposed mitigation and credit for not burning on site and the rationale related to various areas

 

Council and staff reviewed a list of items that the Council indicated they were in agreement with one another and ready to consider a formal motion that took action on proposed Ordinance No. 2-2021.  

  

Motion:

Member Jordan moved to approve City staff’s version of Ordinance No. 20-2021, with the following changes:

 

Ordinance - Section 13(b) and Section 13(c) Grandfather Provision - Add the language “previously approved and recorded development agreements”.

 

Land Development Regulations - Section 30-32(a)(3), Section 30-32(a)(4), Section 30-40(a), and Section 30-334(b) - Change language from “Certified Nursery Professional” to “Florida Nursery Growers and Landscaping Association (FNGLA) Certified Horticulture Professional”.

 

Include changes on page 9 of the ordinance distributed by staff. The language in the Land Development Regulations Section 30-34(a)(2) would now read, “For developments that do not meet minimum preserved and total canopy area required mitigation shall be a two-to-one replacement based on tree dbh of specimen and heritage trees being removed.  No mitigation is required for significant trees” and Land Development Regulations Section 30-34(f) will now read “For those projects choosing not to meet optional canopy area requirements (described in section 30-31.5(b) “Canopy area requirements”), the applicant may in lieu of replanting preserved native upland vegetation on the site consisting of at least of one hundred (100) square feet per tree dbh-inch lost.  The preservation of native vegetation shall be in addition to any required landscaping or preservation required by any other regulation”.

 

Change the Land Development Regulations Section 30-35(d) Exemptions to read “Nuisance trees shall be removed; a permit is not required.  A list of nuisance trees shall be those identified as Category 1 by the Florida Exotic Pest Plant Council”.

 

Burning would be permitted as currently written in the ordinance. The Code currently permitted burning with incentives for logging.  The ordinance language had a slightly broader incentive for not burning and the language was consistent with the updated language in the ordinance.

 

Include language from the Space Coast Home Builders and Contractors Association letter distributed by Bruce Moia. Council requested the following language be included, “If trees 4 inches or larger are used to satisfy required landscape requirements of Division 10 of the Land Development Regulations, 100% of the tree caliper shall be eligible for mitigation credits”.

 

Land Development Regulations Section 30-31.5 - Change single-family residential subdivision canopy area requirements to “residential subdivisions canopy area requirements”.  This change would include townhomes in addition to single-family homes.

 

Vice-Mayor Nelson seconded the motion.

 

Member Stoeckel desired more discussion on burning. There was no objection from Council. Brief discussion indicated was that the motion on the floor was a compromise. 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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Mayor Diesel called for a recess at 9:25 p.m. The meeting resumed at 9:38 p.m.

 

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ORDINANCES-FIRST READING – None.

 

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OLD BUSINESS – None.

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NEW BUSINESS

 

Fiscal Year 2021 Budgetary Carry Forward List – City Manager Larese highlighted the detailed report provided on the agenda item in the Council agenda packet. The request was to approve the Fiscal Year 2021 Budgetary Carry Forward List.

 

Stan Johnston submitted a public speaking card. He commented on how the meeting was conducted. He also commented on concerns related to a prior sewer spill and indicated questions on budgetary costs.

 

Motion:

Member Jordan moved to approve the Fiscal Year 2021 Budgetary Carry Forward List, as recommended. 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 Attorney Broome advised that he received a request from a citizen regarding a judgement for the settlement of an issue following the Council’s meeting agenda being published. He requested Council consider adding this item under the City Attorney’s Report.

 

Motion:

Member Jordan moved to add the settlement issue to the Council agenda and under the City Attorney’s Report. Vice-Mayor Nelson seconded the motion and it carried unanimously.

 

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City Attorney Broome read the quasi-judicial rules of procedures.  

 

Approval of Final Plat and Acceptance of Covenants and Performance Bonds for Fox Lake Hammock - City Manager Larese highlighted the detailed report provided on the agenda item in the Council agenda packet. The request was to approve the Final Plat and Covenants for Fox Lake Hammock, and accept the performance bonds for completion of required infrastructure and sidewalks.

 

Community Development Director Busacca reviewed various information on the staff report, such as information on the request was consistent with the Code and Comprehensive Plan, findings, etc. Staff recommended approval.

 

Clark Sprinkle, on behalf of the project, submitted a public speaking card. He supported the staff analysis and recommendations of approval. He was available to answer any questions.

 

Stan Johnston submitted a public speaking card. He was neutral on the proposed action. Mr. Johnston reviewed information that he distributed earlier in the meeting. His concerns were for flooding, maintenance of stormwater drainage areas and ditches, etc.

 

Mr. Sprinkle advised that he did not have any further comments or rebuttal to the public comments and concerns.

 

Motion:

Member Jordan moved to approve the Final Plat and Covenants for Fox Lake Hammock and accept the performance bonds for completion of required infrastructure and sidewalks, 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. 

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Vice-Mayor Nelson requested Council authorize and provide advisability for staff to review trees in commercial parking lots including soil used in parking lots and provided advisability for staff to review trees within the boulevard and front yards of single family residential homes. There was no objection from the Council.

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

No action.

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MAYOR AND COUNCIL REPORTS

 

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

 

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Council Reports – None.

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. He highlighted one action item that requested Council’s consideration on the 2022 City of Titusville Legislative Priorities.  Several legislative priorities were submitted to the Council for their review, edits, and directives. Once decided, the City Council’s legislative priorities would be submitted to the Florida League of Cities prior to the start of the next State legislative session.

 

Stan Johnston submitted a public speaking card. He expressed concerns on the agenda item, City Council Rule 13, following Robert’s Rules of Order, etc.

 

Motion:

Member Jordan moved to approve the 2022 City of Titusville Legislative Priorities for submission to the legislative delegation and the Florida League of Cities prior to the start of the upcoming legislative session, as submitted. Vice-Mayor Nelson seconded the motion and it carried unanimously.

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There were no other requested actions or informational items on the City Manager’s Report; however, City Manager Larese expressed his appreciation to the Council and staff on their efforts to prepare, adopt, and support the 2022 fiscal year budget that went into effect on October 1, 2021.

 

City Manager Larese and Mayor Diesel also recognized Titusville Police Officer Willie J. Taylor, Jr., who was at the meeting and had recently accomplished preparations for his career.  

 

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CITY ATTORNEY’S REPORT

 

City Attorney’s Report – City Attorney Broome reviewed a matter related to a 2009 judgment (Case No. 05-2009-SC-006514) that the City received and related to a property damage claim against Leon T. Johnson. The amount of the judgement had yet to be collected and was accruing interest. City Attorney Broome advised that Mr. Johnson recently submitted a letter containing an offer to settle the claim for $3,000. City Attorney Broome supported settling the case for this amount.

 

Stan Johnston advised that the party named in the judgement case was not him and the individual did not share the same last name as him.  

 

Motion:

Vice-Mayor Nelson moved to authorize the City of Titusville accepting a $3,000 settlement for a 2009 judgment (Case No. 05-2009-SC-006514) related to a property damage claim against Leon T. Johnson. Member Jordan seconded the motion and it carried unanimously.

 

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With no further business to discuss, the meeting adjourned at 10:02 p.m.