Regular City Council - July 25, 2023 at 6:30 PM

City Council

Regular Meeting

July 25, 2023

The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, July 25, 2023. 

Mayor Diesel called the City Council meeting to order at 7:10 p.m., not 6:30 p.m. due to the prior Council meeting for special recognitions and presentations ran late. Present were Mayor Daniel E. Diesel, Vice-Mayor Joe C. Robinson, and City Council Members Jo Lynn Nelson and Dr. Sarah Stoeckel. Council Member Herman A. Cole, Jr., Col USAF Retired, was absent. 

Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. 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 Wells read the procedures for public comment and participation. 

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MINUTES

Motion:

Member Nelson moved to approve the minutes of the regular City Council meetings on April 11, 2023 and June 13, 2023, as submitted. Vice-Mayor Robinson seconded the motion and it carried unanimously. 

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Council made two modifications to the meeting agenda. 

Motion:

Member Nelson moved to reschedule Agenda Item 9 B. - Small Scale Comprehensive Plan Amendment (SSA) Application SSA 1-2023 - Lieberman Multifamily to the regular Council meeting of September 12, 2023. Member Stoeckel seconded the motion and it carried unanimously. 

Motion:

Member Nelson moved to add an agenda item to the City Manager’s Report (Agenda Item 15 A) for the Council’s consideration, which was a letter of support on behalf of the City of Titusville regarding Brevard County’s Multimodal Project Discretionary Grant Opportunity (MPDG) for the widening of Ellis Road through the Nationally Significant Multimodal Freight and Highway Projects (INFRA) Program. Member Stoeckel seconded the motion and it 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 reappoint three (3) regular members to the Board of Adjustments and Appeals for two (2) year terms to expire on July 31, 2025. The terms of Regular Members Margaret Van Deven (Public at Large), Richard Wheelus (Associated with Building Trades Industries) and Dr. Gina W. Beckles (Associated with Building Trades Industries) were due to expire on July 31, 2023. Each individual had expressed their desire to continue serving on the board. 

Stan Johnston submitted a public speaking card; however, he waived his right to speak. 

Motion:

Member Nelson moved to reappoint Margaret Van Deven (Public at Large), Richard Wheelus (Associated with Building Trades Industries), and Dr. Gina W. Beckles (Associated with Building Trades) as regular members to the Board of Adjustments and Appeals, for two-year terms to expire on July 31, 2025. Vice-Mayor Robinson seconded the motion and the roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

The motion carried unanimously. 

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North Brevard Library District Board – The request was to accept the resignation of North Brevard Library District Board Regular Member Julie Weaver with an unexpired term that will expire on September 30, 2023, with regret. The resignation was effective on July 10, 2023.

Stan Johnston submitted a public speaking card and distributed information. He acknowledged the procedure of accepting the proposed resignation; however, he commented on other matters.

Mayor Diesel highlighted the public comment and participation procedures at City Council meetings. He asked Mr. Johnston to speak to the requests at hand. 

Motion:

Vice-Mayor Robinson moved to accept the resignation of North Brevard Library District Board Regular Member Julie Weaver with an unexpired term that will expire on September 30, 2023, with regrets.  The resignation was effective on July 10, 2023. Member Nelson seconded the motion and the roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Nelson                      Yes

The motion carried unanimously. 

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

Greg Hullinger felt Titusville’s citizens would support a voter referendum to purchase the former Royal Oak Golf Course property and make it a public park. He also commended the City Council and the Police Department on the training department staff received, which made a positive impact and betterment within the community. 

Elizabeth Baker commended the Police Department’s Code Enforcement Division on their efforts to address a property located on Highway 50 that had suffered years’ worth of accumulated garbage. In another location near the downtown, she expressed concern on garbage on the ground by four trash dumpsters. 

Stan Johnston distributed information. He expressed concern for boundary lines and rights-of-way along property located on Elizabeth Avenue, which he advised were not shown on the property’s legal survey. 

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CONSENT AGENDA

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

Treatment Plant. In addition, approve the increase in estimated annual spend amount for Bid #22-B-17/RM to $155,000. Additionally, approve the associated budget amendment.

Toni Shifalo submitted public speaking cards on Consent Agenda Items E and I. She commented on why she was against these proposed agenda items. 

Stan Johnston submitted public speaking cards on Consent Agenda Items A, D, F, H, and I. He commented on why he was against these proposed agenda items. Additionally, he commented on other items not related to the Consent Agenda items. 

Member Nelson called for point of order. She desired citizens’ comments to relate directly to the agenda items. 

Woody Rice submitted a public speaking card on Consent Agenda Item D. He commented on why he supported the proposed agenda item. 

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At 7:43 p.m., Mayor Diesel called for a recess. The meeting resumed at 7:52 p.m. 

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Motion:

Member Nelson moved to approve Consent Agenda Items A through I, in accordance with the recommendations. Member Stoeckel seconded the motion and the roll call vote was:

Vice-Mayor Robinson            Yes

         Member Stoeckel                    Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously. 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 29-2023 - White/Chaffee Planned Industrial Development – City Attorney Broome read Ordinance No. 29-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS TO AMEND STANDARDS WITHIN THE PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICT FOR SPECIFIED PROPERTIES WITHIN THE NORTH BREVARD INDUSTRIAL PARK AND ALONG CHAFFEE DRIVE BY AMENDING SPECIFIED PERMITTED USES WITH LIMITATIONS, SPECIFICALLY AMENDING SECTIONS 28-54 “USE TABLE”, 28-97 “AUTOMOBILE REPAIR”, 28-203 “BUILDING TRADES SERVICES”, 28-211 “MACHINE SHOP”, 28-212 “MECHANICAL SERVICE AND REPAIR”,  AND SECTION 28-364 “OUTDOOR STORAGE (AS AN ACCESSORY USE)”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE, AND INCORPORATION INTO THE CODE, for the second time by title only. 

The Planning and Zoning Commission considered this ordinance at their regular meeting on July 19, 2023 and recommended approval, by a vote of 6-0. 

City Manager Larese highlighted information provided in the Council agenda packet. The Council previously directed staff to draft amendments to the City’s Land Development Regulations (LDRs) to address potential conflicts between the LDRs and the existing uses in certain areas of the City that were zoned for commercial and industrial uses. This included the unique development that has historically occurred on the properties that front White Drive and Chaffee Drive, all of which were zoned as Planned Industrial Development (PID). 

The Space Port Industrial Park was platted in 1971 and many of the existing uses were not permitted in the existing zoning category. The proposed ordinance was an attempt to recognize that certain modifications to the LDRs could serve to sustain existing businesses and enhance economic development opportunities within several areas of the City that allowed commercial and industrial uses. The City desired to facilitate compatible commercial and industrial development to promote economic development, while ensuring compatibility with existing development patterns.

Community Development Director Brad Parrish was available to answer questions. 

Mayor Diesel opened the second public hearing. 

Stan Johnston felt there were many errors in the City’s Comprehensive Plan, to which he had sent numerous emails to the City on his concerns. 

As there were no additional individuals that wished to speak, the second public hearing was closed. 

Motion:

Member Nelson moved to approve Ordinance No. 29-2023, as recommended. Vice-Mayor Robinson seconded the motion and the roll call vote was:

         Member Stoeckel                    Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously. 

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(Agenda Item 9 B.)

Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 - Lieberman Multifamily –Council voted earlier in the meeting to reschedule this agenda item to the regular City Council meeting on September 12, 2023 at 6:30 p.m.

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ORDINANCES-FIRST READING

Ordinance No. 30-2023 Repealing Section No. 11-379 "Solicitation on Right-of-Way" – City Attorney Broome read Ordinance No. 30-2023 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY REPEALING SECTION 11-379 “SOLICITATION ON RIGHT-OF-WAY”; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE, for the first time by title only. 

Stan Johnston submitted a public speaking card. He indicated that he was against the proposed ordinance for reasons he explained. 

The public hearing on Ordinance No. 29-2023 was scheduled for the regular City Council meeting on August 8, 2023 at 6:30 p.m.

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Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023 - 1625 Tropic Street - City Attorney Broome read the following ordinances for the first time, as followed:

Ordinance No. 31-2023 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 7.03+/- ACRES OF PROPERTY LOCATED SOUTH OF TROPIC STREET AND WEST OF S DIXIE AVENUE, HAVING BREVARD COUNTY PARCEL ID NO 22-35-04-00-23, FROM THE LOW DENSITY RESIDENTIAL TO THE HIGH DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE.

Ordinance No. 32-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING THE SINGLE FAMILY MEDIUM DENSITY (R-1B) ZONING DISTRICT TO THE MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3) ZONING DISTRICT ON APPROXIMATELY 7.03+/- ACRES OF PROPERTY LOCATED SOUTH OF TROPIC STREET AND WEST OF S DIXIE AVENUE, HAVING BREVARD COUNTY PARCEL ID NO 22-35-04-00-23; AND PROVIDING FOR AN EFFECTIVE DATE.

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this item at their July 19, 2023, regular meeting and recommended denial of the request based on that it was not consistent with the Comprehensive Plan’s Future Land Use policy 1.14.4 and policy 1.14.6. The motion to deny was approved by a 6-0 vote.

City Manager Larese highlighted information provided in the Council agenda packet.

Community Development Director Brad Parrish highlighted information on page no. 227 and the staff recommendations provided in the Council agenda packet

Toni Shifalo submitted a public speaking card. She read from a prepared statement that reviewed why she was against the proposed Small Scale Amendment application and related ordinances. 

Stan Johnston submitted a public speaking card. He reviewed why he was against the proposed application and ordinances. 

The public hearing on Small Scale Comprehensive Plan Amendment (SSA) No. 6-2023 - 1625 Tropic Street and the related ordinances was scheduled for the regular City Council meeting on August 8, 2023 at 6:30 p.m.

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OLD BUSINESS – None. 

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NEW BUSINESS

Proposed Tentative Operating Millage $6.7945 mils and Proposed Tentative Voted Debt Service Millage at $0.2234 mils – City Manager Larese highlighted information provided in the Council agenda packet. His proposed General Fund Budget for Fiscal Year (FY) 2024 was balanced at the current tax rate of $6.7945 mils, which was the lowest rate in nearly 15 years and it was 2.6% below the current millage of $6.9812. Additionally, City Manager made the following requests to the Council:

• Set the proposed Tentative Operating Millage rate for the Fiscal Year (FY) 2024 budget at $6.7945 mils, which was 6.96% above the rolled back millage rate of $6.3521 mils.
• Set the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.2234 mils. The maximum levy authorized by the Series 2005 General Obligation Bonds was $0.5930 mils.
• Set the first Public Hearing for the Fiscal Year 2024 Budget on September 6, 2023 at 5:30 pm at City Hall and the second and final Public Hearing for the Fiscal Year 2024 Budget on September 21, 2023 at 5:30 pm at City Hall.

In accordance with Florida Statute 200.065, the final adopted millage rate may be lower than, but may not exceed the proposed tentative millage.

Staff distributed a one-page list of other municipalities in the County and their current and proposed millage rates.  

Brief Council discussion ensued on whether to set the tentative millage rate higher to allow more flexibility during the budget hearings and to accomplish more during FY 2024, American Rescue Plan Act funding, there were many capital improvement projects already planned or underway, a desire to keep the millage rate as low as possible and not increase taxes, a desire to see the City’s tax base increase, the uncertainty of the economy and inflation, etc.

Stan Johnston submitted a public speaking card. He commented on the usefulness of the Rotary Club 4-way test and the proposed budget did not address the things that he was concerned with in the City.

Motion:

Member Nelson moved to set the proposed tentative Operating Millage rate for the Fiscal Year 2024 budget at $6.7945 mils, which was 6.96% above the rolled back millage rate of $6.3521 mils. The motion also included setting the Voted Debt Service Millage rate (Riverfront Acquisition Referendum) at $0.2234 mils. The maximum levy authorized by the Series 2005 General Obligation Bonds was $0.5930 mils.  Member Stoeckel seconded the motion and the roll call vote was:

                                    Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

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Motion:

Member Nelson moved to set the first public hearing for the Fiscal Year 2024 budget on September 6, 2023 at 5:30 p.m. at City Hall and the final public hearing for the Fiscal Year 2024 budget on September 21, 2023 at 5:30 p.m. at City Hall. Member Stoeckel seconded the motion and the roll call vote was:

                                    Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Nelson                      Yes

The motion carried unanimously. 

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Advisability to Research Use of Speed Enforcement Cameras in School Zones - City Manager Larese highlighted information provided in the Council agenda packet. The request was for Council to consider advisability for the Titusville Police Department to research and move forward with traffic studies in school zones by utilizing speed enforcement cameras. The request was based on Florida Senate Bill 588 that took effect on July 1, 2023. The bill authorized local governments to place automated speed detection cameras in school zones for the purpose of enforcing violators.  

In the State of Florida, there had been a drastic increase in traffic violations during active school zones, which had created an increase in injuries to school staff, children and citizens. This Senate Bill gave local governments the opportunity to leverage technology in order to keep their school zones safer.  

Police Chief John Lau and Police Major Jeremy Gonzalez provided further background information, statistics, and the rationale for the agenda item. The focus was safety in school zones. Major Gonzalez reviewed information on varying traffic violations and costs afforded by current policy versus the newly adopted State Senate Bill. There would also be little to no costs to the citizens for the installation of speed enforcement cameras in school zones. Four school zones in particular were more problematic than others. If advisability was approved, the intention was to not install speed enforcement cameras in all school zones within the City, only some, if the pending studies on these concepts about problematic areas proved to be true and valid. 

Council discussion ensued on who was providing funding for the cost of installing cameras, whether the cameras provided revenue (not the reason for requesting advisability), the purpose to stop speeding in school zones, success in Georgia school zones, advisability to research whether speeding in school zones was an issue in the City, several private vendors or companies that provided or manufactured cameras, other traffic slowing techniques, grant funding for electronic monitoring, specific data could be collected and provided to the Council, being invasive or intense about catching speeders was not the focus, how the cameras worked, the presence of cameras lowered the number of accidents or speeding behavior, staff supported how the Senate Bill was written versus previous legislation on traffic enforcement cameras presented issues, using cameras to the City’s advantage, where cameras could be used, etc. 

City Attorney Broome read from the new State legislation (Senate Bill). The legislation provided that municipalities must adopt a local ordinance and hold a public hearing(s) and other tasks prior to being able to place these cameras in local school zones. 

Mayor Diesel desired the Police Department’s guidance on these matters. Discussion ensued on the research, steps, involved parties, and using research to later decide whether this may be good for the City. 

Stan Johnston submitted a public speaking card. He indicated he was neutral on the request for advisability in ways he explained. 

Motion:

Member Nelson moved to approve advisability for the Titusville Police Department to move forward with the traffic study in school zones by utilizing speed enforcement cameras. Member Stoeckel seconded the motion and the roll call vote was:

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously. 

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Approval of Final Plat and Acceptance of Covenants, Performance Bonds and Easement for Brooks Landing, Phase 1 - City Manager Larese highlighted information provided in the Council agenda packet. The request was to approve the Final Plat and covenants for Brooks Landing, Phase 1 and accept covenants, easement and performance bonds for completion of required infrastructure and sidewalks. (This agenda item was quasi-judicial)

City Attorney Broome read and reviewed the Quasi-Judicial Rules of Procedure.

City Manager Larese advised Brooks Landing, Phase 1 was a proposed 81 lot single-family subdivision located north of Jay Jay Road and west of Hammock Road.  The overall Brooks Landing subdivision consisted of 143-lots on approximately 71.99 acres.  The Final Plat for Phase 2 would be submitted in the near future.

City Manager Larese advised that the Planning and Zoning Commission (P&Z) considered this request on July 19, 2023 and recommended approval with staff’s recommendations, along with the comment that the applicant should address changing the covenants and restrictions to remove Section 4.08 in reference to the Municipal Service Taxing Unit (MSTU) and Municipal Service Benefit Unit (MSBU). The P&Z’s recommendation was approved by a 6-0 vote.

The following were included in the Council agenda packet and required the City Council’s consideration and approval:

• Final plat
• Covenants
• Performance bonds for required infrastructure and sidewalks
• Easement for future water and sewer extensions to the proposed Parrish Landing Subdivision (north of the subject property and located in unincorporated Brevard County)

Information in the Council agenda packet indicated that the final plat was consistent with the City’s Comprehensive Plan, the preliminary plat, and final plat requirements described in the Land Development Regulations, Chapter 34, Article III, Division "Plat" of the Code. Additionally, staff had reviewed the final plat for consistency with the Planned Development (PD) zoning approval, Comprehensive Plan, Land Development Regulations, and recommended approval.  Staff had also reviewed the covenants, performance bonds and easement and recommended acceptance.

Community Development Director Parrish reviewed the history of the project, prior Council approvals for the subject site, and the Brooks Landing project activities. He distributed a revision to the declaration of covenants, conditions, and restrictions based on the recommendation of the Planning and Zoning Commission (P&Z).  The revision changed the declaration of covenants, conditions, and restrictions to remove Section 4.08 – Municipal Service Taxing Unit (MSTU) / Municipal Service Benefit Unit (MSBU). Staff had no objection to this revision recommended by the P&Z. 

City Manager Larese and Community Development Director Parrish advised the mylar map was at the meeting and had been signed by the surveyor. 

In addition, Member Nelson advised that Section 6.02(j) of the declaration of covenants, conditions, and restrictions needed to be revised to be consistent with the removal of Section 4.08.  The reference to MSTU and MSBU should be removed and the sentence should read “To encourage, cause, and facilitate, assist and cooperate in the formation, establishment and operation of a Community Development District”.

Megan Willbur, the applicant and representative of the Final Plat and Acceptance of Covenants, Performance Bonds and Easement for Brooks Landing, Phase 1, advised she did not have issue with removing the language that spoke to the MSTU and MSBU.

Jenny Scraggs submitted a public speaking card. She lived on Jay Jay Road and her property abutted the east side of the project. Ms. Scraggs advised the project was affecting the amount of dirt and dust accumulating in her yard. Second, she advised the project site was 6-feet higher than her back yard. On privacy, she requested the developer install privacy fencing on their side of the development, along lots 97-103. This made more sense, since the developer’s land was raised up higher than her property’s elevation.

Member Stoeckel and staff discussed her questions on landscape buffer and other requirements.

Stan Johnston submitted a public speaking card. He expressed concern for Ms. Scraggs’ comments. He also felt the City was violating laws on an unrelated project.

Megan Willbur, on behalf of the Brooks Landing Phase 1 Project, offered rebuttal remarks that addressed the citizens’ concerns. The information covered project plans for single story homes on lots 97-103, buffers, lot owners having the discretion to install privacy fences, a stormwater pond planned or near Ms. Scraggs’ property offering additional privacy features, etc. 

Mayor Diesel and Ms. Wilbur discussed his concern for mitigating the privacy concerns discussed by Ms. Scraggs.  

Member Nelson and Ms. Wilbur discussed her questions on the current status of the project, the “horizontal” improvements on the land had been completed, “vertical” construction had not yet begun, the roads were paved, curbing was installed, all of the earth work was stabilized by seed, grass, and mulch in the right-of-way’s and elsewhere, as discussed. 

Staff advised erosion control measures were a requirement.

Member Nelson continued and commented on buffers and barriers from the Scraggs’ property. Community Development Director Parrish read from 2018 conditions of Council’s approval in the Planned Development rezoning ordinance. Various buffers were in these prior conditions (as read aloud and outlined at the meeting). 

Member Nelson desired saving trees around the perimeter. Community Development Director Parrish advised the developer would have to install the minimum required plantings by the Landscape Code. If existing vegetation was proposed to be used, this would have been identified during the site plan process. Whatever the developer was going to do, it must be consistent with the site plan.   

Member Stoeckel and staff discussed that a 70-foot buffer was indicated to be installed near the/an area in question. She and staff also discussed her questions on whether the buffer would be tall, low, etc.  Community Development Director Parrish discussed definitions from the Landscape Code, such as over-story trees, under-story trees, canopy trees, bushes, etc. 

Member Stoeckel confirmed the project’s landscape plan was submitted during the site plan stage. She and staff further reviewed the sequential stages of development, the required approvals, whether the privacy fence requested by Ms. Scraggs could be accommodated in some way, the 70-foot buffer and 20-foot setback requirement, in proximity of the property line to the new platted lots to the entire project property lines. Staff could return at an upcoming City Council meeting if this item was tabled, and provide clear answers on the exact location of the point of beginning of the buffers, setbacks, etc. and in compliance with the plat. 

Discussion ensued on not wanting to hold-up the project, whether the Council had any leeway to make an adjustment to give Ms. Scraggs’ the privacy fencing accommodation that she requested, and fencing was not in the 2018 conditions of Council’s approval. 

Megan Willbur, on behalf of the Brooks Landing Phase 1 Project, chimed-in and advised she had the landscape plan in front of her. She spoke to the landscaping that was planned along the 20-foot buffer, which was in addition to the 50-foot that staff mentioned, and which began at the building pad to where the landscaping began. There would be 65-gallon live oaks, 3-gallon viburnum plants, 45-gallon “slash pines”, and 30-gallon crape myrtle trees. This was approximately 50 trees along the row or buffer in question. Ms. Willbur added the project did not remove the Brazilian pepper trees that bordered Ms. Scraggs’ property line and the subject site (adding privacy). The project was authorized to remove more vegetation than it did, per Ms. Willbur. 

Member Stoeckel requested hearing from Ms. Scragg’s. City Attorney Broome reviewed the scope of the requested actions, including Council analyzing whether the requests were consistent with the Comprehensive Plan, the prior approved Master Plan, etc.  

Ms. Scraggs advised that project heavy machinery almost cleared the back of her property had it not been for she and her husband being home at the time and seeing the equipment. They were able to save some of the vegetation at the back of her property. 

Ms. Scraggs clarified with staff the setback and buffer requirements according to the Master Plan and Plat. Staff did not have their measuring tool at the meeting to clarify the measurements. Ms. Scraggs reiterated concerns for privacy and being 6-feet below in elevation to the lots behind her home. She had not been aware the elevation would be raised on the property located behind her property. 

Vice-Mayor Robinson discussed the subject property had been built up higher. 

Member Stoeckel desired reviewing how the project was allowed to be built up higher in elevation. Staff would need to review the history of the project, in order to provide this information. 

Member Nelson desired making sure moving forward that no other developments could be built up 6-feet higher in elevation, but she was not sure if or how this was possible. 

Motion:

Vice-Mayor Robinson moved to approve the Final Plat and covenants for Brooks Landing, Phase 1 and accept covenants, easement and performance bonds for completion of required infrastructure and sidewalks, as recommended.

Member Nelson requested clarifying whether the Council desired revising Section 6.02(j) of the declaration of covenants, conditions, and restrictions to be consistent with the removal of Section 4.08.  Earlier in the meeting, she stated that the reference to MSTU and MSBU should be removed and the sentence should read “To encourage, cause, and facilitate, assist and cooperate in the formation, establishment and operation of a Community Development District”.

Per Mayor Diesel’s request, City Attorney Broome indicated this was correct or acceptable.  

Member Stoeckel commented on whether to include the Planning and Zoning Commission’s (P&Z) recommendations. 

Member Nelson highlighted the P&Z recommendations, who had recommended approval with staff’s recommendations, along with the comment that the applicant should address changing the covenants and restrictions to remove Section 4.08 in reference to the MSTU and MSBU; however, Member Nelson advised this language was also mentioned (duplicated) in Section 6.02(j). The indication was there was no objection from Council. 

City Attorney Broome requested clarification whether Vice-Mayor Robinson’s motion included the following items thus far,  

“…approve the Final Plat and covenants for Brooks Landing, Phase 1 and accept covenants, easement and performance bonds for completion of required infrastructure and sidewalks”.

Vice-Mayor Robinson advised yes; this was correct. 

City Clerk Wells requested clarification if the maker of the motion intended to include the one-page document distributed by Community Development Director Parrish earlier in the meeting. Vice-Mayor Robinson advised yes; the changes in the one-page document were part of his motion. 

Member Stoeckel seconded the motion. 

Summarizing the motion or question presently on the floor for the Council’s consideration and vote was:

“Approve the final plat and covenants for Brooks Landing, Phase 1 and accepted the covenants, easement and performance bonds for completion of required infrastructure and sidewalks as recommended by the Planning and Zoning Commission and staff, with one additional change recommended by Member Nelson”. 

The roll call vote was:

Member Stoeckel                    Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously. 

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

Toni Shifalo was empathetic with single family property owners that once enjoyed vacant land being adjacent to their properties, only to have new development build next door and change the topography and landscape in an area. She was also displeased with developers having the ability to remove established trees, only to plant less desirable trees, shrubs, etc. in the required landscape buffers for new housing developments.

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MAYOR AND COUNCIL REPORTS

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

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Mayor Diesel reviewed the following recent activities and events that he was involved with:

• A second ride along with the Police Department and admiration of staff
• Visit to the Lockheed Martin warehouse
• Commending individuals that helped others, before thinking about themselves

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Council Reports - 

Member Nelson advised that citizens expressed concerns on stormwater testing at the prior City Council meeting. One concern was why the County was not testing stormwater. Member Nelson had since spoken to County representatives. She advised the County reported to her they already knew “what” was in the Indian River Lagoon and what the problems were; however, the County desired using available funding to fix what was negatively affecting or wrong with the lagoon, rather than routinely testing the water. 

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Member Nelson commented on prior Council meeting discussions of many years ago on cluster developments and golf courses. She advised that some property owners in a former golf course community had not liked the idea, she desired reexamining these ideas. Mayor Diesel supported resurrecting these conversations, too, to see how the community currently felt. 

To this, Member Nelson suggested having a presentation at an upcoming City Council meeting on these ideas. Based on her comments, City Manager Larese recommended scheduling an agenda item and request for advisability for staff to bring back information, including discussion on previous ordinances that were developed or drafted on the redevelopment of golf courses. Council did not object and the City Manager would add an item to the meeting agenda for the regular City Council meeting on August 8, 2023 at 6:30 p.m.

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Vice-Mayor Robinson reviewed the following recent activities and events that he was involved with:

• Breakfast and presentation with School Resource Officers (SROs)
• Upcoming award presentation for his collecting a large volume of aluminum soda cans in north Brevard

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report.

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(Council added the following item to the City Manager’s Report earlier in the meeting.)

Request for Letter of Support - City Manager Larese distributed a draft letter that was pending the Mayor’s signature, which required the Council’s authorization. The draft letter was requested by the Space Coast Transportation Planning Organization (TPO) and it was time sensitive. The proposed letter offered the City’s support of the Ellis Road Multimodal Discretionary Federal Grant. 

Mayor Diesel advised the letter benefitted neighboring jurisdiction(s) in south Brevard County (Melbourne, FL) and it showed good will. Vice-Mayor Robinson commented on serving on the TPO board. He supported the requested letter to benefit the goals of the TPO.  

Stan Johnston submitted a public speaking card. He felt the Council should take care of business in Titusville. 

Motion:

Member Nelson moved to authorize a letter of support on behalf of the City of Titusville regarding Brevard County’s Multimodal Project Discretionary Grant Opportunity (MPDG) for the widening of Ellis Road through the Nationally Significant Multimodal Freight and Highway Projects (INFRA) Program, as requested. Vice-Mayor Robinson seconded the motion and the roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                     Absent (not present at time of vote) 

The motion carried with 3-votes yes.  

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Remaining items on the City Manager’s Report were informational only.

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CITY ATTORNEY’S REPORT – None. 

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With no further business to discuss, the meeting adjourned at 9:38 p.m.