Regular City Council - November 23, 2021 at 6:30 PM

                                                                                                                                                                                            CITY OF TITUSVILLE

COUNCIL AGENDA


TUESDAY, NOVEMBER 23, 2021

6:30 PM – FIRE DEPARTMENT MULTIPURPOSE ROOM – 2nd FLOOR

550 SOUTH WASHINGTON AVENUE, TITUSVILLE, FL 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

 

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 November 23, 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 November 23, 2021 that commences at 6:30 p.m.

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission - Appoint four regular members and one alternate member to the Titusville Environmental Commission for three-year terms to expire on November 30, 2024.

 

B. Board of Trustees of the General Employees' Pension Plan - Appoint one member to the Board of Trustees of the General Employees' Pension Plan for a three-year term to expire on November 30, 2024 and confirm one member chosen by a majority of the four (4) remaining trustees of the General Employees' Pension Plan for a term to expire on November 30, 2024.

 

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

 

8. CONSENT AGENDA

 

A. Work Order for Engineering Services to Complete a State  Revolving Fund Water Facilities Plan - Approve the award of Work Order # AECOMWR017 to AECOM Technical Services, Inc., Orlando, FL in the amount of $52,284 to provide engineering consulting services including, but not limited to, the preparation of a SRF Water Facilities Plan.

 

B. FY 2021 Year End Budget Adjustments - Approve the FY 2021 Year End Budget Adjustments.

 

C. Advisability - Titusville Fire Department/SCRA Fire Station Consolidation Analysis - Fire Department staff will conduct a consolidation analysis, examining the benefit of staffing the Space Coast Regional Airport (SCRA) Fire Station. Staffing an apparatus with firefighter/paramedics at the SCRA Fire Station will provide needed coverage for citizens of Titusville in the south end of the City, surrounding the airport. Additionally, protection services can be provided to the Airport itself. The degree of such benefit will be determined in the study. 

 

D. Award of Contract - Space View Park Alum Treatment - Approve award of bid #21-B-001 for Space View Park Alum Treatment to MAS Environmental, LLC of Tampa, Florida in the amount of $84,619 to operate the City's alum treatment system and provide repair services as required. Additionally, authorize the Mayor to execute the contract or necessary purchasing instrument upon review and approval of City staff.

 

E. Award of Contract - Splash Pad O&M - Approve award of bid #22-B-006 for Sand Point Park Splash Pad O&M Services to JD Atlantic Pool Services, LLC of New Smyrna, Florida in the annual amount of $47,400 to operate and maintain the City's splash pad. Additionally, authorize the Mayor to execute the contract or necessary purchasing instrument upon review and approval of City staff.

 

F. Fleet Services - Add Vendors to Vendor of Record - Approve the addition of vendors for Fleet services to the approved over $15k vendor of record for "Vehicle Repairs" and "Vehicle Repair Parts" and increase the annual estimated expenditure for the vehicle repairs commodity from $400,000 to $650,000 and the vehicle repair parts commodity from $255,000 to $350,000.

 

 

G. Purchase of a Replacement Wheel Loader for Water Production - Approve the use of the Florida Sherriff's Association Cooperative Program Bid Award FSA20-EQU18.0 using Great Southern Equipment Company as a vendor to purchase a replacement Hitachi ZW120 Wheel Loader in the amount of $97,779, approve a budget amendment, and authorize the Mayor to execute the necessary purchasing documents.

 

H. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police, Inc. representing Police Officers, Corporals, Sergeants, and Dispatchers and the City of Titusville - Approve the amendments to the Collective Bargaining Agreement between the FOP representing Police Officers, Corporals, Sergeants, and Dispatchers and the City of Titusville reopened in accordance with Article 38.

 

I. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police, Inc. representing Lieutenants and the City of Titusville - Approve the amendments to the Collective Bargaining Agreement between the FOP representing Lieutenants and the City of Titusville which was reopened in accordance with Article 38.

 

J. Accept FY22 Victim of Crime Act (VOCA) Grant Award - Accept the FY2022 VOCA Grant in the amount of $55,831.00 to fund the FY2022 Victim/Family Advocate position and approve the budget amendment upon receipt of the funds.

 

K. Save Our Indian River Lagoon Contingency Funding Agreement - Draa Field Vegetation Harvesting Project - Approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $29,053 in additional funding toward the Draa Field Pond Vegetation Harvesting project, approve associated budget amendment and authorize the Mayor to execute the agreement.

 

L. America Rescue Plan Act - Water Resources Projects - Approve the use of American Rescue Plan Act (ARPA) Investments in the amount of $300,000 to assist in funding the construction of the Indian River Force Main Project and the associated budget amendment.

 

M. Work Order for Engineering Services for the Mourning Dove WTP Sand Filter Rehabilitation Project - Approve the award of Work Order #8 to Wright-Pierce, Inc., Orlando, FL in the amount of $152,000 to provide engineering consulting services including, but not limited to, the preparation of design drawings and specifications, permitting, bidding assistance and construction administration services for the Mourning Dove WTP Sand Filter Rehabilitation Project, and authorize the Mayor to execute the Work Order.

 

N. Purchase of 6-Inch Portable Pump for Water Reclamation - Approve the use of the Florida Sherriff's Association Cooperative Program Bid Award FSA20-EQU18.0 to purchase a 6-Inch portable pump from Thompson Pump & Manufacturing Co., Inc. of Port Orange, FL in the amount of $41,269, approve a budget amendment, and authorize the City Manager to execute the purchase order.

 

O. Work Order for Engineering Services for the Osprey Reject Tank Piping Improvements Project - Approve the award of Work Order #9 to Wright-Pierce, Inc., Orlando, FL in the amount of $32,280 to provide engineering services for an alternative’s analysis for the Osprey WRF Reject Tank Piping Improvements Project, and authorize the City Manager to execute the Work Order.

 

P. Work Order - Stormwater Billing Assistance - Approve Work Order to CPH, Inc of Orlando Florida in the amount of $24,584.31 to complete a review of the stormwater utility billing methodology and make recommendations for improvements and authorize City Manager to execute.

 

Q. Purchase of 60" Slope Mower Attachment - Approve the use of Sourcewell Contract #070821-AGI to purchase a Alamo 60" slope mower attachment in the amount of $19,166.20 with the purchase order being issued to Everglades Farm Equipment of Leesburg, Fl which is the Alamo dealer for our area.

 

R. Award of Contract - Baffle Box Design/Build - Approve the award of contract to SDV Services LLC of Titusville, FL for the design and construction of 2 Baffle Boxes in the amount of $724,900.00; and authorize the Mayor to execute the contract.

 

S. Enhanced Water Treatment Project State Revolving Fund Loan Support Services - Approve the award of Work Order #WR017 to AECOM Technical Services, Inc., Orlando, FL in the amount of $60,418 to provide engineering consulting services to assist with the State Revolving Fund (SRF) loan requirements for the Enhanced Water Treatment Project at the Mourning Dove Water Treatment Plant, approve a budget amendment, and authorize the Mayor to execute the work order.

 

T. Engagement Letter to Retain Kenneth Artin, Esq. of the Bryant Miller Olive, PA Law Firm as Counsel to the City of Titusville - Authorize Council to accept the Engagement Letter from Attorney Kenneth Artin to expand legal services with Bryant Miller Olive relating to review of the Tranquility Community Development District.

 

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

A. Ordinance No. 33-2021 - Development Fees - Conduct the public hearing for Ordinance No. 33-2021 amending the Code of Ordinances by incorporating and adopting fees related to building inspection and permit fees, fire permit and inspection fees, special event application fees, and community development fees; amending Chapter 6 “Building and Building Regulations” by amending Section 6-57 “Application form” and creating Section 6A-1 “Building inspection and permit fees”; amending Chapter 9 “Fire prevention and protection” by amending Sections 9-6 “Bonfires and outdoor rubbish fires” and 9-12 “Occupancy inspection fee schedule”, amending Chapter 11 “Licenses and regulations” by amending Section 11-502 “Permit application” amending Development Review Procedures Manual by creating Section 17 “Fees”; providing for findings, ratification, severability, repeal of conflicting ordinances, an effective date and incorporation into the code.

 

B. Ordinance No. 34-2021 - Relating to Solar Facilities - Conduct the first reading and first public hearing of Ordinance No. 34-2021 amending the Code of Ordinances Chapter 28 "Zoning" to allow solar facilities as a permitted use in the General Use (GU) and Industrial (M-2) zoning districts by amending Section 28-54 "Use Table" and creating Section 28-2555.5 "Solar Facility"; providing for severability, repeals of conflicting ordinances, an effective date and incorporation into the Code. (This is the first of two required public hearings. The second and final public hearing is scheduled on December 14, 2021.)

 

The Planning and Zoning Commission considered this ordinance on November 17, 2021 and recommended approval as presented, 7-0.

 

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.

 

C. Conditional Use Permit (CUP) No. 8-2021 – State Road (SR) 405 and Grissom Parkway Gas Station - Conduct a public hearing and review Conditional Use Permit No. 8-2021 for storage or use of a regulated substance in the Area of Critical Concern (ACC) in order to establish a retail fuel sales use with convenience store at 1245 Grumman Place. The subject property is located at the northwest corner of the intersection of Columbia Boulevard (SR405) and Grissom Parkway.

 

The Titusville Environmental Commission recommended approval (5:2) with the conditions that the applicant provide a report to the City Council with the following information: life span of all fuel equipment, record of how many alarms go off at locations of the proposed owner, how many tank failures have happened, how many tanker spills, response time to system failures, and cleanup process. Members voting in opposition expressed concerns about toxins that do not go away and stated the tank should be above ground, and because there is no reconciliation to a system failure and there should be a

backup tank to capture 110% volume if there is a system failure.

 

The Planning and Zoning Commission considered this request at their November 17, 2021 meeting and recommended approval as presented, 7-0.

 

D. Resolution No. 39-2021 - Vacate Right of Way (ROW) Application No. 2-2021, Aguinaldo Avenue - Conduct the public hearing and adopt Resolution No. 39-2021 vacating, abandoning, and discontinuing certain public streets for a portion of the public right-of-way of Aguinaldo Avenue and providing for an effective date.

 

The Planning and Zoning Commission considered this item on November 17, 2021 and recommended approval as presented, 7-0.

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 35-2021 - Capital Improvement Element Annual (CIE) Update - Conduct the First Reading of Ordinance No. 35-2021 updating the Five Year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2022 - 2026 horizon relating to the Capital Improvement Element, and providing for an effective date. (This is the first reading. The public hearing is scheduled to be conducted by the City Council on December 14, 2021 beginning at 6:30 pm.)

 

The Planning and Zoning Commission/Local Planning Agency will consider this item at their December 8, 2021 meeting.

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Selection of a Vice-Mayor - Nominate and elect a Vice-Mayor.

 

B. Designation of the Chair and Vice-Chair of the Titusville Community Redevelopment Agency - Council will designate the Chair and Vice-Chair of the Titusville Community Redevelopment Agency.

 

C. Update Council Member Appointments to Serve on Outside Agencies - Update Council Member appointments to serve on Outside Agencies. Members of City Council are appointed to serve on various outside agencies to represent the interests of the citizens of the City of Titusville.

 

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

 

A. New lawsuit , Hair vs. City of Titusville, et al. - Memorandum is provided for information. No action is required.



COUNCIL AGENDA


ADDENDUM


Tuesday, November 23, 2021

6:30 PM – Fire Department Multi-Purpose Room – 2nd floor

550 South Washington Avenue, Titusville, FL 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.

 

8. CONSENT AGENDA

 

    U.  Scope and Fee for S&ME, Inc. to Provide Planning Services to Complete a

Telling the Full History Preservation Fund Grant - Approve the Scope & Fee for S&ME, Inc. to provide planning services to complete a Telling the Full History Preservation Fund Grant.