Regular City Council - March 8, 2022

City Council

Regular Meeting

March 8, 2022

The City of Titusville City Council met in regular session on Tuesday, March 8, 2022, 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 6:40 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: Vice-Mayor Jordan moved to approve the minutes of the special City Council meeting on February 19, 2022, as submitted. Member Nelson seconded the motion. 

The motion carried unanimously. 

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City Manager Larese stated that staff requested withdrawing Item 9E – Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2021 - SW Corner of SR 405 and Windover Way, as requested by the applicant.

Motion:

Vice-Mayor Jordan moved to withdraw Item 9E – Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2021 - SW Corner of SR 405 and Windover Way, as requested by the applicant. Member Nelson seconded the motion.

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS

Board of Adjustments and Appeals – The request was to appoint one (1) regular member to the Board of Adjustments and Appeals for an unexpired term to expire on July 31, 2023. (This item was tabled at the regular City Council meeting on February 8, 2022.)

There were (3) applications currently on file for consideration.

Mr. Nathan Slusher advised he was of the building trades industries (expertise/experience) and expressed his willingness and desire to serve on this board for an unexpired term to expire on July 31, 2023. Mr. Slusher stated that he reviewed the Board of Adjustments and Appeals variances, minutes and agendas from 2021 and had the experience to serve on the board.

Mr. Theodore A. Garrod advised he had an American Institute of Certified Planner Certification, was a person with a minimum of ten (10) years experience in land development and a person with a minimum of ten (10) years experience in the urban planning field. Mr. Garrod expressed his willingness and desire to serve on this board for an unexpired term to expire on July 31, 2023.

Dr. Gina Beckles advised she was a person associated with the building trades industries. Dr. Beckles stated that she had her PhD in public affairs and served thirteen years on the Municipal Code Enforcement Board.  Dr. Beckles expressed her willingness and desire to serve on this board for an unexpired term to expire on July 31, 2023.

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

Member Nelson nominated Dr. Gina Beckles to serve on the Board of Adjustments and Appeals.

Vice-Mayor Jordan nominated Mr. Theodore A. Garrod to serve on the Board of Adjustments and Appeals.

Member Stoeckel supported the nomination of Mr. Theodore A. Garrod to serve on the Board of Adjustments and Appeals.

Discussion ensued within the nominations submitted by the City Council.

The roll call vote was:

                                    Member Robinson                  Dr. Beckles 

                                    Member Nelson                      Dr. Beckles

                                    Mayor Diesel                          Dr. Beckles 

                                    Vice-Mayor Jordan                 Dr. Beckles

                                    Member Stoeckel                    Dr. Beckles

Council appointed Dr. Gina Beckles as a regular member to the Board of Adjustments and Appeals for an unexpired term to expire on July 31, 2023.

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Code Enforcement Special Magistrate - The Code Enforcement Special Magistrate's semi-annual written report was included in the agenda packet. No action was required.

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Summary of Absences by Member of the Titusville Environmental Commission (TEC) - Review the member's absences and provide staff with direction. (This item was tabled at the regular City Council meeting on February 22, 2022 at 6:30 p.m.)

Regular Member Tuan Le missed 3 consecutive meetings (October13th; November 10th; [no December meetings]; and, January 12th). In addition, he was not in attendance at the regular TEC meeting on February 9, 2022. Staff contacted Mr. Le via email and phone and did not receive a response.

Member Nelson stated that Mr. Le contacted her and stated that he wished to continue to serve on the TEC and was looking into rearranging some of his businesses to free up time for the TEC meetings.

Stan Johnston stated that he wanted Mr. Le to continue to serve on the TEC.

Toni Shifalo stated that she had served on a City board for three years and had only missed one meeting. Ms. Shifalo stated that if Mr. Le could not attend the meetings, he should not continue to serve on the commission. 

Mary Murray stated that her understanding when she joined a committee was that after three absences, you would be removed from the board/committee.

Member Robinson stated that if the City set rules for the boards, they should be followed. Member Robinson also stated that Mr. Le was a valuable resource to the TEC and he was still able to lend his guidance and knowledge to the board without filling a position on the TEC. 

Motion: Vice-Mayor Jordan moved to not excuse Mr. Tuan Le’s absences on the Titusville Environmental Commission. Member Stoeckel 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.

Council did not forgive the member’s absences; therefore, the member has forfeited his membership based on the City’s code.

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North Brevard County Hospital District Board - The North Brevard County Hospital District Board's semi-annual report was presented. No action was required.

Vice-Chairman Stan Retz presented the semi-annual report. The presentation highlighted as follows:

• Highlights
• Parrish Health & Wellness 
• Orthopedic & Sports Medicine Center of Excellence
• IVL Treatment of Advance Heart Disease Only available at Parrish Medical Center 
• Community Outreach 
  1. BPS Thrive by Five Partner
  2. Founders of Ambassador Circle for Friends of the Children’s Advocacy Center of Brevard
  3. TPD and DEA National Take Back Event
• Welcome New Providers
  1. Primary Care – Dr. Kevat Patel
  2. Occupational Health – Dr. Steven Holmes
  3. Orthopedics – Dr. David Schafer
• Additions to Medical Staff Since Sept. 2021

Council thanked the North Brevard County Hospital District Board for their support and hard work. 

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

Mary Murray distributed information regarding the flooding of sidewalks near her property. Ms. Murray stated that in 2020, about seventy-five feet of sidewalk was from six to eight inches underwater for over four months. Ms. Murray stated that three different people from three different departments of the City came out to view the sidewalk and each person said it was not their department that handled the issue. Ms. Murray stated that in 2021, she requested assistance again, but nothing was done.

City Manager Larese stated that the Public Works department would contact Ms. Murray.

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Edward Newman stated that he was developing property located at 2000 Shepard Drive and had some discrepancies with the tree survey. Mr. Newman stated that prior to the February 26, 2022 City Council meeting, he believed that staff discussed commercial properties greater than five acres would only need to survey twenty-inch trees. But, the new code required surveys for twelve-inch trees and six-inch trees in buffer areas or within twenty feet of the property line.

Community Development Director Peggy Busacca stated that after Ordinance No. 20-2021 was adopted in September, staff came to Mr. Newman and explained that staff believed council’s direction was that there would be no changes for commercial or industrial uses. Staff asked for advisability to create an ordinance that would revert back to the pre-September 2021 ordinance adoption for commercial/industrial properties ten acres or greater, which was what Mr. Newman discussed. Community Development Director Peggy Busacca explained that it required trees twelve inches DBH and greater that are going to be removed to be painted or flagged if it did not require a survey of those trees.

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Toni Shifalo stated that the tree ordinance was created to save the environment of Titusville and allow for proper regulated growth.

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Pastor Anthony Johnson introduced his church foundation family that was established in December of 2020. Pastor Johnson stated that the City needed to use resources to strengthen the community and inspire the kids in the community. Pastor Johnson asked council to work with him and the community leaders to make a difference in Titusville for the children.

Mayor Diesel stated that he appreciated their hard work and would like to work with them in the future.

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Stan Johnston stated that the City had plans at S&J Oaks that did not show the sewer and water services and after six months, the utility easements were provided to these properties.  Mr. Johnston stated that he filed an affidavit regarding an angle that was incorrect on a project at S&J Oaks.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there was one card for Item A, one card for Item E, and eight cards submitted from one individual.

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

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Renee Stewart, the President of the North Brevard Art League, also known as the Titusville Art League, stated that the reason they asked for a ten-year lease was to meet the requirements for a grant from the Florida Department of Cultural Affairs. The grant required a ten-year lease to receive funds. The North Brevard Art League would use this grant to put a new A/C system in the building, repair locks, and repair the roof. 

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Nathan Slusher stated that he was not in support of Consent Agenda Item 8E - Acquisition of LED replacement sign for Titusville Police Department, because the City used forfeiture funds to pay for the sign. Mr. Slusher stated that the City should have used general funds to pay for the sign.

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William Young asked what type of vehicles were being purchased for Consent Agenda item 8H - Citywide Vehicle Purchases. Water Resources Director Sean Stauffer stated that the vehicles being purchased were flex-fuel SUVs that were part electric and part gas and three heavy duty trucks for the Water Department.

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Stan Johnston stated that he was in support of Consent Agenda Items 8A and 8C. Mr. Johnston stated the City was not returning his phone calls, and discussed the sewage spill that occurred in December of 2020, etc. 

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

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

Member Nelson                      Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Local Housing Assistance Plan Years 2022-2024 SHIP Program - City Manager Larese advised that the request was to conduct the public hearing and approve 2022-2024 SHIP Local Housing Assistance Plan (LHAP) and adopt Resolution No. 6-2022 approving the Local Housing Assistance Plan as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and Rule Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor to execute any necessary documents and certifications needed by the state; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing an effective date.

Neighborhood Services Director Terrie Franklin presented a powerpoint on the State Housing Initiative Partnership (SHIP). The presentation highlighted as follows:

• Purpose of Meeting 
• LHAP Guidelines 
• Program Description 
• Housing Element 
• Green & Initiative Design
• Green
• Special Housing Needs
• Developing Programs 
• Implementing Programs
• Proposed LHAP Strategy #1 - #4
• Mandatory LHAP Strategy
• Administrative Functions
• Administrative Budget 

Member Robinson asked if Brevard County was willing to partner with the City for any of the programs. 

Neighborhood Services Director Terrie Franklin stated that the City continued to participate in the home consortium that allowed the City to partner with the County to receive additional home funds, and use the American Rescue Plan Act dollars to help with the affordable housing issue for the homeless. 

Member Nelson discussed tiny homes that she saw in Seattle that cost around $50,000 to $60,000 and asked if they needed to be included in the proposal. Neighborhood Services Director Terrie Franklin stated that the City did not need to get specific and needed to make the proposal more flexible and effective by just including affordable housing.

Stan Johnston stated that Public Works Director Kevin Cook and Neighborhood Services Director Terrie Franklin were doing a good job managing their departments. 

Motion: Vice-Mayor Jordan moved to approve 2022-2024 SHIP Local Housing Assistance Plan (LHAP), as requested. Member Nelson seconded the motion. The roll call vote was:

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

Member Nelson                      Yes

                                    Mayor Diesel                          Yes

The motion carried unanimously.

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Motion: Vice-Mayor Jordan moved to adopt Resolution No. 6-2022 approving the Local Housing Assistance Plan as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and Rule Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor to execute any necessary documents and certifications needed by the state; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing an effective date, as requested. Member Nelson seconded the motion. The roll call vote was:

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

The motion carried unanimously.

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Ordinance No. 7-2022 Relating to Home Based Businesses - City Attorney Broome read Ordinance No. 7-2022 amending the Code of Ordinances Chapter 28 “Zoning”, specifically amending Sections 28-342 “Accessory use table” and 28-360 “Home based business” by adding home based business as a limited use in the Indian River City Neighborhood Commercial (IRCN-C) zoning district and amending standards for home based businesses; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This was the first of two (2) required public hearings. The second public hearing was scheduled to be conducted by City Council on March 22, 2022 beginning at 6:30 PM.) 

On March 2, 2022, the Planning and Zoning Commission considered this ordinance and recommended approval as presented, 7-0.

Community Development Director Peggy Busacca stated that Florida Statute changed the regulations for home-based businesses and local governments were not allowed to put many restrictions on home-based businesses. These amendments were consistent with the statutory requirements. 

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

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Ordinance No. 8-2022 Relating to Corrections Related to Townhomes in Indian River City Zoning District - City Attorney Broome read Ordinance No. 8-2022 amending the Code of Ordinances to correct an internal inconsistency related to townhomes by amending Section 28-81 “Townhomes” to remove townhomes as a conditional use in the Indian River City Neighborhood – Commercial (IRCN-C) zoning district; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This was the first of two required public hearings. The second required public hearing was scheduled to be conducted by City Council on March 22, 2022 beginning at 6:30 PM.)

On March 2, 2022, the Planning and Zoning Commission considered this ordinance and recommended approval as presented, 7-0.

Stan Johnston submitted a card, but chose not to speak 

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Ordinance No. 9-2022 - Relating to Solar Facilities - City Attorney Broome read Ordinance No. 9-2022 amending the Code of Ordinances Chapter 28 "Zoning" to allow solar facilities as a permitted use in the General Use (GU), Light Industrial and Warehousing (M-1), Industrial (M-2), Highway Industrial Infill (M-3) and Planned Industrial Development (PID) 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 was the first of two required public hearings. The second public hearing was scheduled to be heard by City Council on March 22, 2022 at 6:30 p.m.)

On March 2, 2022, the Planning and Zoning Commission considered this ordinance and recommended approval as presented, 7-0.

William Young asked Community Development Director Peggy Busacca for clarification on the solar facility. Community Development Director Peggy Busacca stated that a solar facility was a production facility for electric power as described in section 28-2555.5. 

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

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Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2021 - SW Corner of SR 405 and Windover Way – This item was withdrawn earlier in the meeting.

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ORDINANCES-FIRST READING – None. 

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OLD BUSINESS

Resolution No. 7-2022 - Establishment of an Audit Services Selection Committee and Selection of the Committee Chairperson – City Manager Larese advised the request was to approve Resolution No. 7-2022 establishing a three-member Auditor Selection Committee for the purpose of selecting an auditor to conduct the required annual financial audit; naming a member of the governing board as the Chairperson.

Stan Johnston discussed the sewage spill that occurred at Sand Point Park, etc.

Motion: Vice-Mayor Jordan moved to approve Resolution No. 7-2022 establishing a three-member Auditor Selection Committee for the purpose of selecting an auditor to conduct the required annual financial audit; naming a member of the governing board as the Chairperson. Member Robinson seconded the motion. The roll call vote was:

                                    Member Robinson                  Yes

Member Nelson                      Absent

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

The motion carried, 4-0.

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NEW BUSINESS

Advisability - Billboards Abutting I-95 Right-of-Way - City Manager Larese advised the request was to provide direction to staff regarding advisability to amend code requirements for billboards located adjacent to the I-95 right-of-way.

On January 25, 2022, City Council received a request from a citizen to consider amending the billboard regulations for properties abutting I-95.   Staff identified the following options to amend regulations along I-95 for the Board to consider. These options are not mutually exclusive and a combination of options could be considered in developing an ordinance amending the code. Of course, additional alternatives could be developed and considered.

• Option 1 – Allow existing billboards along I-95 to co-locate with other uses on the same parcel. Billboards are required to be setback a minimum of three hundred (300) feet from any residential zoning district and twenty-five (25) feet from all property lines.
• Option 2 – Allow the minimum lot size for billboards along I-95 to be determined by the zoning district. This option would also allow a variance for the minimum lot size.
• Option 3 – Allow the minimum lot frontage for billboards along I-95 to be determined by the zoning district. This option would increase the ease with which existing signs could co-locate with other uses on the same property.
• Option 4 – Take no action.

Woody Rice stated that he was in support of option 1, which allowed dual use on the property.

Council provided their consensus on the advisability to amend the Code requirements for billboards located adjacent to the I-95 right-of-way. Staff will prepare an ordinance and bring back to Council for their consideration.

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Tree City USA Growth Award – City Manager Larese advised the request was to provide direction on the Titusville Environmental Commission's (TEC) recommendation to pursue the Tree City USA Growth Award for the year 2022.

Titusville was recently recognized for 21 years as a Tree City USA Community. The Arbor Day Foundation provided the Tree City USA Growth Award to participating Tree City USA communities that demonstrated higher levels of tree care and community engagement during the calendar year. Communities applying for recertification were also eligible to apply for a growth award during the renewal process. The Growth Award recognized major milestones and annual activities in five categories that combined to build sustainable community forestry programs over

the long term. 

TEC requested that staff complete all eight activities listed below. The TEC recommended City Council provide advisability to pursue the Tree City USA growth award with an emphasis on pursuing the following activities:

• A3. Grant Applications (3 points)
• C8. Single-Issue Plans (5 points)
• D1. Tree Planting Program (8 points)
• D6. Planting-to-Removals Ratio (3 points)
• E2. Departmental Communication (3 points)
• E6. New Tree Board Member (2 points)
• E7. Service Organizations (2 points)

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

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Kay St. Onge discussed the Tree City USA Growth Award. Ms. St. Onge stated that planting or conserving trees was a natural way to mitigate polluted stormwater from developments and roads, as well as reducing the polluted stormwater discharge from entering the Indian River Lagoon. Ms. St. Onge stated that she supported completing all seven activities. 

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Toni Shifalo stated that she was on a citizen advisory board and recommended that City Council listen to their citizen advisory boards, because they had plenty of time to go over their thirteen-page agenda compared to City Council agendas that were as long as nine-hundred pages. Ms. Shifalo stated that if Titusville wanted to be a Tree City, the City needed to do more projects with trees. 

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Kathleen Perez stated there was a dead manatee in her backyard last week that had to be recovered by Florida Fish and Wildlife. Ms. Perez asked City Council to adopt the Titusville Environmental Commission’s recommendations. Ms. Perez expressed her concern for Woody Rice being a dual member on the Titusville Environmental Commission and the Planning Zoning Commission.

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Council provided their consensus for staff to pursue the Tree City USA Growth Award for the year of 2022.  

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) 

Nathan Slusher discussed Land Development Regulation No. 28-63 specifically regarding to agriculture products. Mr. Slusher stated that the Titusville law prohibits the growth and sale of agriculture products within the City limits unless zoned General Use. 

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MAYOR AND COUNCIL REPORTS

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

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Council Reports   

Member Stoeckel stated that the smoking bill was passed in the house and the senate and now it needed to be signed by Florida Governor Ron DeSantis.

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Vice-Mayor Jordan stated that he wanted to change the strategic planning to every two years instead of every year.

Member Robinson stated that the experience level for City Council would decrease if the City changed the strategic planning to every two years. 

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Member Nelson stated that Eastern Florida State College had money to start the aeronautics program and part of the money to start the aviation program.

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

City Manager Larese reminded Council of the Strategic Planning Workshop scheduled for March 15, 2022 as well as the Annual Student Awards Ceremony on May 2, 2022.

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City Attorneys Report – None. 

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With no further business to discuss, the meeting adjourned at 9:48 p.m.