Special City Council - September 22, 2022 at 5:30 PM

City Council

Special Meeting

September 22, 2022

 

The City of Titusville City Council met in special session on Thursday, September 22, 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 5:30 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. 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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City’s Proposed Budget for Fiscal Year (FY) 2023 - City Manager Larese reviewed the purpose of the special City Council meeting, as provided in the Council agenda packet. The request was to conduct the final public hearing on the City's Proposed Budget for Fiscal Year 2023; conduct the final reading of the related ordinances to adopt a final Operating and Voted Debt Service millage rate; conduct the final reading of the ordinances proposing the Fiscal Year 2023 Water/Sewer and Solid Waste rates; and adopt the final Operating, Enterprise and Capital Budgets. Additionally, City Manager Larese gave a presentation that reviewed the following information:

 

  • The City’s Fiscal Year (FY) 2023 Strategic Goals and Objectives
  • Budget process 
  • Budget related ordinances for final reading and 
  • Public Hearings and Florida Statutes, Chapter 200
  • FY 2023 Proposed Budget All Funds - Revenues and Expenditures
  • Information required to be read publicly per Florida Statutes Chapter 200.065

 

  1. The City of Titusville, Florida was the Taxing Authority
  2. $6.3573 was the Rolled-back Millage Rate
  3. The operating millage rate to be levied was $6.9812 mils
  4. The percent of increase over the rolled-back millage rate was 9.81%, which was characterized as a tax increase
  5. The voted debt millage rate to be levied was $0.2542 mils

 

  • Millage rate information
  • Use of millage over rollback rate
  • Fiscal Year 2023 General Fund proposed budgeted revenues and expenditures pie graphs
  • General Fund millage rate comparison (per capita)
  • FY 2023 Proposed per capita ad valorem taxes (per capita)
  • Proposed property tax on a residential home in Titusville based on $6.9812 mils
  • FY 2023 proposed budget utility rate changes
  • Stormwater and solid waste rate proposals
  • Stormwater rate comparison (single family)
  • Solid Waste rate comparison (residential and commercial)
  • Typical residential and commercial monthly bills for ¾” meter at existing and proposed FY 2023 rates
  • Typical commercial bill for 1.5” meter at existing and proposed FY 2023 rates
  • Current rate comparison – FY 2022 rates
  • Public Hearing – FY 2023 Proposed Budget
  • Fiscal Year 2023 Follow Up Items
  • Council Actions

 

City Attorney Broome read the following ordinances for the second time, by title only, as followed:

 

Ordinance No. 31-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, PROVIDING FOR THE MILLAGE FOR THE OPERATION OF THE CITY OF TITUSVILLE; AND VOTED DEBT SERVICE LEVY FOR FISCAL YEAR 2023; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Ordinance No. 32-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, ADOPTING THE GENERAL AND RELATED BUDGETS OF THE CITY OF TITUSVILLE FOR THE FISCAL YEAR 2023; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Ordinance No. 33-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING SECTION 21-241(3) OF THE CODE OF ORDINANCES BY AMENDING AND INCREASING THE SCHEDULE OF RATES AND CHARGES FOR WATER AND SEWER SERVICE; PROVIDING FOR FINDINGS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE.

 

Ordinance No. 34-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA; AMENDING SECTION 16-116 OF THE CODE OF ORDINANCES BY AMENDING AND ESTABLISHING AN INCREASE TO THE RESIDENTIAL MONTHLY CHARGE FOR SOLID WASTE, RECYCLING AND ADDITIONAL CART FEES; AND BY AMENDING SECTION 16-117 OF THE CODE OF ORDINANCES BY AMENDING AND ESTABLISHING AN INCREASE TO THE COMMERCIAL DUMPSTER AND COMMERCIAL CAN MONTHLY CHARGES FOR SOLID WASTE AND RECYCLING FEES AND INCREASING THE COMMERCIAL DUMPSTER RENTAL FEES; AND BY AMENDING SECTION 16-118 OF THE CODE OF ORDINANCES BY AMENDING AND ESTABLISHING AN INCREASE IN THE EXTRA CHARGES FOR SPECIAL SERVICES; AND BY AMENDING SECTION 16-119 OF THE CODE OF ORDINANCES BY CLARIFYING, AMENDING AND ESTABLISHING THE AMOUNTS FOR CONTAINER DEPOSIT; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE.

 

Ordinance No. 35-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, ADOPTING THE ENTERPRISE FUND AND CAPITAL IMPROVEMENTS PROGRAM BUDGETS OF THE CITY OF TITUSVILLE FOR THE FISCAL YEAR 2023; AND PROVIDING FOR AN EFFECTIVE DATE.

 

City Attorney Broome advised that proposed Ordinance Nos. 31-2022 and 32-2022 were related. For this reason, he recommended the final public hearings for these ordinances be held together. 

 

Ordinance Nos. 31-2022 and 32-2022

 

Mayor Diesel opened the final public hearing on Ordinance Nos. 31-2022 and 32-2022. 

 

Trenton Mansfield expressed concern on the millage rate, inflation, and how an increase in property taxes could impact individuals that rented non-homesteaded property. 

 

Dwight Severs distributed information. He reviewed his concerns at the special City Council meeting of September 14, 2022 and feedback he received thus far. He also reviewed personal efforts to study various properties (residential, business, etc.), taxable value assessments, and his cost estimates (percentages) for tax increases on the various properties that he studied. 

 

In addition, Mr. Severs expressed concern on the City’s recent or proposed contribution(s) to the North Brevard Economic Development Zone (Zone). He felt the purpose or benefit of the Zone had changed, since its initial inception several years ago during an economic recession and it may no longer benefit the City. Mr. Severs was also concerned on the approval and payment of outstanding debt related to the Zone and identifying the City’s debt to the Zone.  

 

Finally, Mr. Severs felt there was an unspoken power struggle in the community that affected the direction of growth and development and that may also seek personal profit by some. In closing, Mr. Severs asked the Council to do the right thing by the citizens. 

 

Stan Johnston supported Mr. Severs’ concerns and questions. He also expressed concern on debt related to Other Post-Employment Benefits (OPEB), bankruptcy, not getting answers to his and Mr. Severs’ questions, doing the right thing, etc. 

 

Per Member Nelson’s request following a recent meeting she had with staff to review Mr. Severs’ questions and her own concerns on miscellaneous costs and cost increases from the prior year, Assistant City Manager Tom Abbate, City Manager Larese, and City Attorney Broome reviewed the following information to each of Member Nelson’s points of concern:

 

  • Increase of 18% in travel – associated with a prior halt on travel and training during the Coronavirus (COVID-19) pandemic. Travel and training cost were resuming and would return to normalized levels for City staff, etc.
  • Information Technology increase of 28% - associated with a cyber security study that indicated serious upgrades were needed for items like firewall and computer related hardware enhancements, personnel and consulting services, and for the purpose of safeguarding municipal financial and other services, avoid being hacked, etc. 
  • Homesteaded properties (a majority of properties) may receive a decrease in property tax costs.
  • Non-homesteaded properties could realize tax increases in property tax costs; however, this cap was 10%. The City, however, could not control rent costs and whether private property owners passed these costs onto their renters.  
  • $1.4 million grant funding requested to hire nine new firefighters and equipment. This grant affected an employee pay plan study or its implementation in Fiscal Year 2023. 
  • North Brevard Economic Development Zone (Zone) – how it worked and what it took to get a project approved. 

 

  1. The Zone was a special dependent district and entity in Brevard County 
  2. Projects were required to be for economic development purposes and meet certain criteria for each available grant
  3. Funding from the Zone depended on the project and whether the project sought  tax increment financing (TIF) through the County or the City
  4. If projects sought TIF financing through the City, applicants must seek Council approval on projects
  5. Projects required being considered by the Zone’s governing board and whether projects met criteria
  6. One such project involved three governing bodies (Zone, County, and City) determining use of funding for a project to discontinue the use of septic tanks for property next to the Indian River Lagoon. The three governing bodies declared the project was for economic development and it was for the community’s health, safety, and welfare (a public purpose) 
  7. The City Council could determine at anytime if they wished to terminate their participation in the Zone; however, the City would be required to honor any debt it incurred by its decisions related to the Zone and projects. 

 

Member Nelson recalled talking to an economic development representative from Volusia County in recent years that indicated to her that their program could not compete with the Zone. She indicated the Zone was a benefit, whereas many years ago, prior to having the Zone, the community suffered with economic growth that was seemingly dependent on NASA’s prior space programs. 

 

Vice-Mayor Jordan felt the City should not terminate its participation in the Zone. It was a tool to invest in the City’s future growth, versus stopping could mean stagnation and economic decline.  He felt developers associated Titusville with being proactive. Vice-Mayor Jordan felt Titusville was on a healthy upward trend of supporting growth and ensuring future generations wanted to return or establish themselves and their businesses in Titusville. He also reviewed his own involvement as a former space work or NASA employee of 32 years, being released from this employment, being an invested business owner and willing to pay more in taxes because he loved the City. 

 

Vice-Mayor Jordan continued and discussed the importance of proper funding for police and other emergency personnel; otherwise, these individuals may seek employment with other agencies that offered better pay and benefits. Then, the community complained if or when these resources were reduced or scarce when they were needed for unfortunate events. 

 

Vice-Mayor Jordan felt he went through Mr. Severs’ letter. He felt that all individuals may feel they were right in their stance. He also felt the Council were reasonable and unselfish people that sought doing what was right for the community and the future. The City was also charged with having enough revenue to take care of the community. Not doing so and only doing the status quo would cost or cause issues to the community in the future.  

 

Mayor Diesel commented on his experience and knowledge with the North Brevard Economic Development Zone (Zone). He did not feel it should be terminated all of a sudden (impromptu). 

 

Member Robinson reviewed his goals for the community and keeping the resources for the community and ensuring the Zone funding was handled correctly. Concerning the proposed budget, he and staff discussed his question on what happened if property values decreased over the coming year. The millage rate would go up to generate the approximate same amount of revenue, in order for the City to pay its bills.  

 

Member Robinson also supported adequate staffing. He also encouraged property owners of rental properties not to raise tenants’ rent costs, due to not everyone’s salaries would increase.  Member Robinson further reviewed his stance on making financial adjustments with the current status of the COVID-19 pandemic, staff providing information to him in response to his own questions, etc. 

 

Member Nelson reviewed prior conversations she has had on aging infrastructure, a 1993 sewer spill, not all prior Councils wanted to dedicate funding to improving aging infrastructure and the unintended consequences, whether the various materials for old or existing old pipes had contributed to the issues with the Indian River Lagoon, etc. 

 

Member Stoeckel felt that Council Members had to pick their battles. She felt Council was challenged by the community to continually address citizens’ concerns. For this reason, she felt it was important to make small, continual, incremental changes toward making improvements, instead of making huge or sweeping expensive changes. 

 

Nathan Slusher did not support more taxes, but he did support creating or identifying other revenue funding resources. He also did not want police and other emergency personnel staff to go elsewhere. 

 

As there were no additional persons that wished to speak, the final public hearings on Ordinance Nos. 31-2022 and 32-2022 was closed.


 

Motion:

Vice-Mayor Jordan moved to approve Ordinance No. 31-2022 providing for a millage rate for the operation of the City of Titusville at $6.9812 mils, which was 9.81% above the rolled-back millage rate of $6.3573 mils, and the Voted Debt Service levy millage rate for Fiscal Year 2023 at $0.2542 mils, as recommended. Member Nelson seconded the motion. 

 

City Attorney Broome advised that the motion on the floor (under consideration) that proposed adopting Ordinance No. 31-2022, if approved by the Council, would mean or indicate an increase in property taxes. 

 

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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Motion

Vice-Mayor Jordan moved to approve Ordinance No. 32-2022 adopting the General and Related Budgets of the City of Titusville for Fiscal Year 2023, as recommended. Member Nelson seconded the motion and 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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Ordinance No. 33-2022 – 

 

Mayor Diesel opened the public hearing on Ordinance No. 33-2022. 

 

Stan Johnston expressed concern on mishandling of funding to improve infrastructure and boil water alerts.

 

Toni Shifalo expressed concern for individuals living on fixed monthly income. She advised that Social Security had not always provided a consistent cost of living adjustment for persons receiving monthly social security payments.  

 

As there were no additional persons that wished to speak, the public hearing on Ordinance No. 33-2022 was closed.

 

Motion

Vice-Mayor Jordan moved to approve Ordinance No. 33-2022 by amending and increasing the schedule of rates and charges for water and sewer services, as recommended. Member Nelson seconded the motion and 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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Ordinance No. 34-2022 –  

 

Mayor Diesel opened the public hearing on Ordinance No. 34-2022. 

 

Stan Johnston supported the proposed ordinance and the Solid Waste Department. 

 

Toni Shifalo advised that supported Mr. Johnston’s comments. She also commended the Solid Waste Department. 

 

As there were no additional persons that wished to speak, the public hearing on Ordinance No. 34-2022 was closed.

 

Motion

Vice-Mayor Jordan moved to approve Ordinance No. 34-2022 amending Sections 16-116 and 16-117 of the Code of Ordinances by increasing the Solid Waste service charges and rates, as recommended. Member Nelson seconded the motion and 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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Ordinance No. 35-2022 –  

 

Mayor Diesel opened the final public hearing on Ordinance No. 35-2022. 

 

Stan Johnston commented on his familiarity with enterprise funds. He expressed concern on a prior sewer spill and ideas and beliefs he had on fraud related to the event, as well as concerns on Per- and polyfluoroalkyl substances (PFAS), a boil water alert, etc. 

 

As there were no additional persons that wished to speak, the final public hearing on Ordinance No. 35-2022 was closed.

 

Motion

Vice-Mayor Jordan moved to approve Ordinance No. 35-2022 adopting the Enterprise Fund and Capital Improvements Program Budgets of the City of Titusville for the Fiscal Year 2023, as recommended. Member Nelson seconded the motion and 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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Petitions from the Public Present – 

 

Toni Shifalo desired thinking outside the box and creating or finding other revenue sources to sustain the City’s future needs and offset the cost burden on taxpayers. She suggested looking at areas like impact fees, the arts, revenues from street festivals, etc. 

 

Dwight Severs advised that he did not include an apartment complex in a personal study of various properties (residential, business, etc.), taxable value assessments, and his cost estimates (percentages) for tax increases on the various properties. Second, Mr. Severs suggested the City re-evaluate the cost-benefit analysis of the North Brevard Economic Development Zone (Zone). He also felt that formal bidding procedures were not followed for a project approved by the Zone board. Additionally, Mr. Severs was concerned for inside trading or persons profiting from the sale of property. 

 

Stan Johnston expressed concern on cost-of-living adjustments for staff, a prior sewer spill and spray from a fountain, fraud, etc. 

 

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City Manager Larese commended staff on their hard work preparing the FY 2023 budget. 

 

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With no further business to discuss, the meeting adjourned at 7:10 p.m.