Regular City Council - January 11, 2022

City Council

Regular Meeting

January 11, 2022

The City of Titusville City Council met in regular session on Tuesday, January 11, 2022, at Titusville Fire and Emergency Services, second floor, Multipurpose Room, 550 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 Robert L. Jordan, Jr., and City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. 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. Additionally, City Clerk Wanda Wells read the procedure for public comment and participation. 

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APPROVAL OF MINUTES

Motion: Member Nelson moved to approve the minutes of the regular City Council meeting on November 23, 2022 (5:30 p.m.). Vice-Mayor Jordan seconded the motion.

The motion carried unanimously. 

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City Manager Larese stated that staff requested adding an agenda item to special recognitions and presentations from Chief Lau to update council on the status of an investigation.

Motion:

Member Nelson moved to add Chief Lau’s update to the agenda, as requested. Vice-Mayor Jordan seconded the motion. The roll call vote was:

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS

Chief John Lau gave an update on the timeline of an open investigation of an officer involved shooting. Chief Lau advised that he would only discuss the expectations of the timeline.

Chief Lau stated that the Florida Department of Law Enforcement was called as well as the Brevard County Sheriffs’ Department who collected the evidence from the crime scene. The investigation could take two to three months and would then be presented to the State Attorney’s office for review to determine if there was a criminal charge, etc. After all of that, the case would be returned to the Titusville Police Department’s professional standards and internal affairs to review the case for any policy violations.

Chief Lau stated that by mid-April or the beginning of May, the Titusville Police Department would be able to release details and information to the public.  

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BOARDS AND COMMISSIONS – None.

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

Stan Johnston stated that people in the City and hospital were interfering with his profession as a professional engineer, etc.

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CONSENT AGENDA

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

City Manager Larese read Consent Agenda items A through G, as followed:

Stan Johnston stated that the Titusville Fire Department was not contacting him back. Mr. Johnston stated that Public Works Director Kevin Cook was doing a good job. Mr. Johnston asked why the City needed bonds, etc.  

Motion: Member Nelson moved to approve Consent Agenda items A, B, C, D, E, F and G in accordance with recommendations. Vice-Mayor Jordan seconded the motion. The roll call vote was:

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 1-2022 Relating to Indoor Recreation in Industrial Zoning Districts- City Attorney Broome read, Ordinance No. 1-2022 amending the Land Development Regulations to include “Gymnasiums” in the definition of “Recreation and commercial amusement (indoor)”, to correct a scrivener’s error, and to allow Indoor Recreation as a limited use in Light Industrial Services and Warehousing (M-1) and Planned Industrial Development (PID) zoning districts by amending Sections 28-54 “Use Table” and 28-275 “Recreation and commercial amusement (indoor)”; and amending Section 37-1 “Definitions”; providing severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This is the first reading and the first of two public hearings. The second and final public hearing will be conducted by City Council on January 25, 2022 beginning at 6:30 PM.)

The Planning and Zoning Commission considered this ordinance on January 5, 2022 and recommended approval as presented with a 6-0 vote.

City Manager Larese highlighted the report in the agenda packet.

Stan Johnston submitted a card for this item, but chose not to speak. 

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ORDINANCES-FIRST READING 

Ordinance No. 2-2022 Correcting Errors in the Landscape Code - City Attorney Broome read, Ordinance No. 2-2022 amending the Code Of Ordinances Chapter 30 “Development Standards”, Sections 30-2 “Applicability” Subsection I “Landscaping Requirements”, 30-331 “Applicability”, 30-337 “Permitted uses within the landscape buffer yard” and 30-338 “Natural buffer yards” to correct scriveners errors and to amend the term “landscape buffer yards”, amending Sections 30-332 “Required landscape yards” and 30-335 “Description of landscape yards” to clarify existing landscape yard standards, and to the standards applicable to the Downtown Mixed Use (DMU) district in the event of a conflict; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the first reading. The second reading and public hearing is scheduled to be heard by City Council on January 25, 2022 beginning at 6:30 PM.)

This was the first reading. The second reading and public hearing was scheduled to be heard by City Council on January 25, 2022 at 6:30 p.m.

The Planning and Zoning Commission (P&Z) considered this ordinance on January 5, 2022 and recommended approval as written. The P&Z wanted to stress and clarify that the intent for Table 30-8 in Section 30-332, is to refer to Exhibit A: (Buffers Map) and that this map takes precedents. Vote was 6-0.

City Manager Larese highlighted the report in the agenda packet.

Mayor Diesel asked Community Development Director Peggy Busacca for clarification on what was being changed. Community Development Director Peggy Busacca stated that nothing was changing, it was just a clean up of references that were not clear or correct. 

Member Nelson stated that the Planning and Zoning Commission stated the intent was to refer to exhibit A. Community Development Director Peggy Busacca stated that the language will be at the next City Council meeting on January 25, 2022.

Stan Johnston stated that Community Development Director Peggy Busacca was doing a great job. Mr. Johnston stated Titusville and other Cities create codes that they don’t always follow. 

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Ordinance No. 3-2022 Relating to Tree Survey Requirements - City Attorney Broome read, Ordinance No. 3-2022 amending the Code of Ordinances to differentiate tree survey requirements

for developments meeting minimum tree canopy standards and commercial, industrial and residential developments not required to meet minimum tree canopy standards by amending Section 30-40 “Tree survey required before permit”, and amending Sections 6.1 “Master plan submittal requirements”, 11.1 “Sketch plat required submittals”, 12.1 “Preliminary plat required submittals”, 14.2 “Pre-application meeting” and 14.5 “Site plan required exhibits” of the “Development Review Procedures Manual”, and Sections 2.3 “Tree protection/removal”; and amending Section 2.5 “Tree protection during construction” of the “Environmental Protection Technical Manual” to amend requirements for pavement and grade changes within a critical root zone; 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 of this ordinance is scheduled to be heard by City Council on January 25, 2022 beginning at 6:30 PM.)

This was the first reading. The second reading and public hearing was scheduled to be heard by City Council on January 25, 2022 at 6:30 p.m.

The Planning and Zoning Commission considered this ordinance on January 5, 2022 and tabled this item until the Titusville Environmental Commission reviews the item on January 12, 2022. Vote was 6-0.

City Manager Larese highlighted the report in the agenda packet.

Community Development Director Peggy Busacca stated that the old survey requirements were not differentiated from the new survey requirements which included the difference in the canopy requirements for protected trees that were lowered to 14 inches but in the site plan the protected trees were 20 inches. This ordinance put back the original language in the code for site plans and does not modify any code related to the tree canopy requirements. Community Development Director Peggy Busacca stated that this was a cleanup ordinance and the one fundamental change was bringing the survey requirements back to the original survey for site plans.

Stan Johnston stated that he has completed many site plans. Mr. Johnston discussed development near the property lines, etc. 

OLD BUSINESS – None.

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NEW BUSINESS – None.

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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.

Mayor Diesel stated that he sent a signed letter to Florida governor Ron DeSantis regarding the starving manatees in the Indian River Lagoon and also contacted state representative Mr. Plasencia (Coach P). Mr. Plasencia set up a zoom meeting that included four Florida Fish and Wildlife Conservation Commission (FWC) representatives. Mayor Diesel stated that the FWC was looking into feeding manatees at the Florida Power & Light Cape Canaveral Clean Energy Center and Haulover Canal.

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Mayor Diesel stated that he attended the homeless showering night at the community center. Mayor Diesel stated that the event provided food, clothing, and haircuts for the people in need. 

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Council Reports –  

Member Stoeckel stated that she would not be attending the legislative conference that was previously approved by Council.

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Vice-Mayor Jordan asked Council to provide an advisability to staff to research changing the speaking time for the consent agenda to allow a maximum of five minutes. 

There was a consensus by Council.

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Member Robinson stated that he attended the ribbon cutting for Saint Stephens Retreat and Conference Center. 

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Member Nelson stated that she attended the Homeless Persons Memorial Day in Titusville. Member Nelson stated that the City needed more low-income housing in the area. 

Member Robinson stated that low-income housing was not the correct term and that the City needed affordable housing.

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City Managers Report – City Manager Larese submitted his written report.

City Manager Larese reminded Council of the CBDG special City Council meeting next Tuesday, January 18, 2022 at 5:00 PM. 

All items were informational only.

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City Attorneys Report – None. 

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With no further business to discuss, the meeting adjourned at 7:27 p.m.