Regular City Council - October 24, 2023 at 6:30 PM

City Council

Regular Meeting

October 24, 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, October 24, 2023. 

Mayor Diesel called the City Council meeting to order at 6:50 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 Herman A. Cole, Jr., Col USAF Retired, Jo Lynn Nelson, and Dr. Sarah Stoeckel. 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 

A revised copy of the minutes of the regular City Council meeting on July 11, 2023 was distributed.  City Manager reviewed the purpose of a minor correction. 

Motion:

Member Nelson moved to approve the minutes of the regular City Council meeting on July 11, 2023 as corrected. The motion also included approval of the minutes of the regular meetings of September 12, 2023 and September 26, 2023 (5:30 p.m.), as submitted. Member Cole seconded the motion and it carried unanimously. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

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BOARDS AND COMMISSIONS

Historic Preservation Board – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to appoint four (4) regular members and one (1) alternate member to the Historic Preservation Board with two-year terms to expire on October 31, 2025. The terms of several incumbents were due to expire on October 31, 2023. There were no other applications on file for the Council’s consideration. 

Toni Shifalo submitted a public speaking card. She supported reappointing the incumbents indicated in the Council agenda packet. 

Stan Johnston submitted a public speaking card. He commented on concerns for distorting history. 

Motion:

Member Nelson moved to reappoint Regular Members Rosalie (Roz) Foster, William (Matt) Gaetjens, Allen Kiesel, and Joseph Adams as regular members on the Historic Preservation Board and for two-year terms to expire on October 31, 2025. The motion also included reappointing Alternate Member Ulla Rupp Crofton to the Historic Preservation Board for a two-year term to expire on October 31, 2025. Member Cole seconded the motion and the roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

The motion carried unanimously. 

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Planning and Zoning Commission - Leave of Absence – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to consider Planning and Zoning Commission (P&Z) Regular Member Theodore Garrod's request for a leave of absence from the Planning and Zoning Commission meetings on October 4, 2023, October 18, 2023 and November 8, 2023. 

Stan Johnston submitted a public speaking card. He supported the requested action. 

Motion:

Member Nelson moved to approve the request from Regular Member Theodore Garrod for a leave of absence from the Planning and Zoning Commission meetings on October 4, 2023, October 18, 2023, and November 8, 2023 as requested. Member Cole seconded the motion and the roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously. 

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Resolution No. 29-2023 Affordable Housing Advisory Committee (AHAC) – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve Resolution No. 29-2023 that contained the recommendations on appointing/reappointing members to the Affordable Housing Advisory Committee (AHAC).

Stan Johnston submitted a public speaking card. He commented on concerns for the efficiency of federal housing programs. 

Brief discussion ensued to clarify that the proposed resolution provided for appointing several individuals to the Affordable Housing Advisory Committee. 

Motion:

Member Nelson moved to approve Resolution No. 29-2023 appointing/reappointing members to the Affordable Housing Advisory Committee (AHAC) as recommended. Member Stoeckel seconded the motion and the roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously. 

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

Stan Johnston distributed and highlighted a copy of an email that he recently sent to the Council and that included his concerns on a prior sewer spill, etc.

Elizabeth Baker thanked the Public Works Director on improvements made at Scobie Park. She still had concerns for the health of the river and water, but her purpose at this meeting was to praise staff on their efforts.  

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CONSENT AGENDA

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

Stan Johnston submitted public speaking cards on Consent Agenda Items A, G, and I. He was opposed to each of these agenda items for reasons he explained.

Motion

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

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously. 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

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Resolution No. 26-2023 - Updated Surplus Property List for Affordable Housing - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve Resolution No. 26-2023 that proposed amending and updating the Surplus Property List for Affordable Housing and conduct the public hearing in accordance with Florida Statutes 166.0451.

Community Development Director Brad Parrish advised this agenda item was also required by the State’s Live Local Act. 

Mayor Diesel opened the public hearing. 

Toni Shifalo read from a prepared statement that discussed her concerns for the future development and environmental degradation of west Titusville, etc.  

Stan Johnston expressed concern on stormwater pipes installed at or near surplus property sites, obtaining easements, gross negligence, etc.   

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

Motion:

Member Nelson moved to approve Resolution No. 26-2023 to amend the Surplus Property List for Affordable Housing, as recommended. Member Cole seconded the motion and the roll call vote was:

          Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously. 

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Ordinance No. 49-2023 - Industrial Conditional Use Permits – City Attorney Broome read Ordinance No. 49-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY RECLASSIFYING CERTAIN INDUSTRIAL USES FROM CONDITIONAL USES TO PERMITTED OR LIMITED USES BY AMENDING SECTION 28-54 “USE TABLE”; SECTION 28-209 TO ALLOW “LABORATORY (RESEARCH AND TESTING)” AS A PERMITTED USE IN HOSPITAL MEDICAL (HM) AND LIGHT INDUSTRIAL SERVICES (M-1) ZONING DISTRICTS; AMENDING SECTION 28-214 TO ALLOW “MINI-WAREHOUSE” AS A LIMITED USE IN HIGHWAY INDUSTRY INFILL (M-3), DOWNTOWN MIXED USE MIDTOWN (DMU-M), AND REGIONAL MIXED USE INDUSTRIAL PARK (RMU-500) ZONING DISTRICTS; AND AMENDING SECTION 28-222 TO ALLOW “WAREHOUSING/WHOLESALE” AS A LIMITED USE IN HIGHWAY INDUSTRIAL INFILL (M-3) ZONING DISTRICT; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE, for the second time by title only. 

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

On October 4, 2023, the Planning and Zoning Commission recommended approval with the following change: Maintain the CUP requirement for the laboratory, mini-warehouse and warehouse/wholesale uses if located within 500-feet of a residential use.

Brief Council discussion ensued with staff on the following:

• The Regional Commercial Mixed Use Industrial Park and the any concerns with the State Live Local Act 
• Staff had no objections to the Planning and Zoning Commission’s recommendations

Mayor Diesel opened the second and final public hearing. 

Stan Johnston advised that he was neutral on the proposed ordinance. He discussed the importance of residential developments being compatible within and nearby zoning categories. 

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

Motion:

Member Nelson moved to approve Ordinance No. 49-2023 as recommended by staff and with the Planning and Zoning Commissions’ recommendation to maintain the Conditional Use Permit (CUP) requirement for the laboratory, mini-warehouse and warehouse/wholesale uses if located within 500-feet of a residential use. Member Cole seconded the motion and the roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

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Ordinance No. 51-2023 - Accessory Dwelling Unit Ordinance – A strikethrough and underline copy of the proposed ordinance and changes was distributed to Council.

 City Attorney Broome read Ordinance No. 51-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATED TO STANDARDS FOR ACCESSORY DWELLING UNITS BY AMENDING CHAPTER 28 “ZONING” SECTION 28-351 “ACCESSORY DWELLING UNIT”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES; AN EFFECTIVE DATE; AND INCORPORATION INTO THE CODE OF ORDINANCES, for the first time by title only. 

City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to conduct the first reading and the first public hearing of Ordinance No. 51-2023 related to Accessory Dwelling Units. This was a legislative item.

On October 18, 2023, the Planning and Zoning Commission recommended approval of the Accessory Dwelling Units Ordinance as presented with the change to Section 28-351 C 1 (E) to have a minimum of 300 square feet and a maximum of 950 square feet, the 35% stays the same. Approved 7-0.

Brief Council discussion ensued with staff on the following:

• Architectural compatibility for accessory structures of a certain size and in relation to principal structures, etc.
• A summary of the proposed changes as reviewed in the strikethrough and underline copy that was distributed to the Council
• The Planning and Zoning Commission’s recommendations and the context thereof was not included in the strikethrough and underline copy distributed at this meeting
• Parking regulations and balancing the concept of not being too restrictive in the regulations, but also not approving regulations that may cause neighboring properties to be concerned
• Property size parameters and providing for property owners having large accessory dwelling units depending on the size of the property
• Suggestion to require property owners to provide one parking space on their property, if on street parking was not available. This did not suggest re-advertising was required.
• Whether staff saw any issues with the Planning and Zoning Commission’s recommendations that proposed “…minimum” and “…maximum”, etc. Staff had no objection, as discussed

Mayor Diesel opened the first of two public hearings. 

Stan Johnston supported the proposed ordinance for reasons he explained.  

As there were no persons that wished to speak, the first public hearing was closed. 

This is the first reading and first public hearing of Ordinance No. 51-2023.  The second reading and final public hearing was scheduled for the regular City Council meeting on November 14, 2023.

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ORDINANCES-FIRST READING

Ordinance No. 50-2023 - Wireless in the Right of Way – City Attorney Broome read Ordinance No. 50-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES TO IMPLEMENT THE ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT; ADOPTING REGULATIONS RELATED TO PLACEMENT, MAINTENANCE, AND REPLACEMENT OF WIRELESS AND OTHER COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY, PROVIDING REGISTRATION AND PERMITTING PROCEDURES, INSURANCE AND BONDING REQUIRMENTS, OBJECTIVE DESIGN STANDARDS, WAIVERS, SAFETY, AND ENFORCEMENT PROVISIONS BY AMENDING CHAPTER 17 “STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES” SECTION 17-83 “REGISTRATION” AND BY CREATING ARTICLE V “WIRELESS COMMUNICATION FACILITIES RIGHT-OF-WAY REGULATIONS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE, for the first time by title only. 

Stan Johnston submitted a public speaking card. His concern was for Council approving specific utility depth requirements that may be too shallow and land surveyors that may come along and unintentionally puncture underground public utilities, when installing property survey boundary or monument markers. 

The public hearing for Ordinance No. 50-2023 was scheduled for the regular City Council meeting on November 14, 2023.

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OLD BUSINESS – None. 

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NEW BUSINESS

Proposed Class Action Settlement - Per- and Polyfluorinated Substances (PFAS) Public Water System – City Manager Larese highlighted the request in the Council agenda packet, which was for Council to provide staff direction on the City's inclusion into the Per- and Polyfluorinated Substances (PFAS) Public Water System Settlements and future testing related to the settlement. 

Public Works Director Kevin Cook provided an overview on the number of parties or participants involved in the settlement, there were two different categories of the settlement, upcoming deadline(s) in December 2023 or an opt-out deadline was approaching, the City was testing the water in Areas 2 and 3, which was City owned infrastructure, etc. 

Member Stoeckel discussed her questions with staff on the differences in tests completed by the City versus other tests indicated in the settlement, use of various testing methods in the future, early testing was being completed ahead of the timeframe in which certain tests would normally be completed, the Environmental Protection Agency (EPA), the City could use the results from early testing for its own purposes, etc. 

Stan Johnston submitted a public speaking card. He expressed concern on the parts per million (ppm) measurements of PFAS in water, articles or documents published in The Guardian, etc. 

Stel Bailey submitted a public speaking card. She commented on meeting with individuals, PFAS being a complex subject matter, military and firefighters being exposed to aqueous film forming foam (AFFF) or firefighting foam, PFAS was in the foam chemicals and other products, which as a persistent or forever chemical found its way into waterways, testing varied at different point-of-entry sources, working with academic partners and available data, the City did not put PFAS in the water, but it was how the City handled the problem was her concern, manufacturers that used PFAS in their products should be burdened with costs related to environmental damages and its threat to public health and safety. 

By consensus approval, Ms. Bailey was given an additional minute to speak.

Ms. Bailey continued and requested Council participate in the class action settlement and take other measures to address PFAS, including utilizing various professional resources that she discussed were available to assist the City, etc.  

Mayor Diesel and staff discussed that the City might receive money from the aforementioned class action lawsuit, the City performed point-of-entry testing in July 2023, etc. 

Vice-Mayor Robinson discussed his questions with Ms. Bailey on federal legislation proposal(s) to classify aqueous film forming foam (AFFF) or firefighting foam as a hazardous substance and the phasing out of this chemical to other alternatives. 

Member Nelson supported joining the class action lawsuit. Staff also indicated support. 

Motion:

Member Nelson moved to direct staff to include the City in the Per- and Polyfluorinated Substances (PFAS) Public Water System Settlements and future testing related to the settlement. Member Cole seconded the motion.

City Manager Larese advised that he would return to Council at a future Council meeting with a contract and actual expenses to complete the testing. 

The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously. 

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

Toni Shifalo expressed concerns on high density areas, residential rental property tenants and owners, and impacts to residents and surrounding neighbors. 

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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 reviewed the following recent activities and events that she was involved with:

• Attending a recent Florida League of Cities meeting and discussion on land use, the State’s Live Local Act, sovereign immunity, alternative modes of transportation, etc.  
• An upcoming legislative meeting of the Florida League of Cities
• Varied perspectives and fears by some at League meetings on implementing and amending the Live Local Act

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Vice-Mayor Robinson commented on recent speaking engagements and an upcoming church event focused on keeping the community healthy.  

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

• Attending a groundbreaking ceremony for a new inclusionary playground
• Citizens were asking him about when the next downtown street party would be held.
• The City providing funding to support downtown street events was not allowed by policy. The cost to close down U.S. Highway 1 in the downtown cost $6,000 to $8,000 per event
• The Mayor’s desire to see events bringing the City’s residents together
• Titus Landing was designed with a public use area, with the hope that merchants in Titus Landing might collaborate and host community events. This also did not require closing down U.S. Highway 1

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Member Nelson desired discussion on whether it was possible to improve procedures and communications with business owners like restaurants that hired contractors and others, in order to prepare for opening a new business. She desired business owners and all of their representatives, contractors, etc. to receive information on the City’s requirements at the same time, at the same meeting, etc. She referenced a new business in particular.

Discussion ensued. The City’s Building Permit Application included a field for business owners to designate who the City should communicate with on applicants’ projects. It was noted that in most instances, it was the business owner’s general contractor. One Council member commented that unless individuals were familiar and consistently involved with the City’s permitting process, not all would understand the terminology used on an application, etc.

Member Stoeckel desired creating short education videos, pamphlets, etc. to increase the public’s understanding of business permitting requirements. It was noted that the City held pre-application meetings with business owners and their designees, like the general contractor and whomever the business owner desired bringing to their pre-application meeting. The appropriate City staff attended pre-application meetings and provided the City’s requirements and communication methods. Staff also answered any questions the applicant or the designees may have on the permitting process.

Member Stoeckel was concerned business owners may not know what questions to ask the City. The business owner’s general contractor should have knowledge of what questions they might ask on behalf of their client indicated Mayor Diesel.

Community Development Director Parrish advised the Building Department processed thousands of permits or more as of recently. The particular business of concern was an individual case. It seemed to be a miscommunication between the contractor and the business owner. Staff felt the City’s procedures were substantively efficient (customer-oriented). The City’s processes also provided communicating with the business owners and their representatives on items that were missing, before permits could be issued. In the particular case under discussion, staff had communicated and reiterated with the contractor several times on items needed. Staff could provide examples of the comments that were reiterated or repeated regarding the case in question.  

In addition, it was noted that when the business owner selected a new contractor, staff sat down with the new contractor and resolved the deficiencies.

Member Stoeckel desired communicating with the public the volume of permits that were issued. She desired seeking any patterns of when comments made by the public on difficulties were repeated during the permitting process.

It was noted the Community Development Department spotlight video that highlighted and provided an overview of the divisions of this department, like the Building Department (division) assisted educating the public on the department’s services. This video and all of the City’s Department Spotlight videos were available for viewing on the City’s website.  

Lastly, Member Nelson and staff discussed people being able to email City staff and receive information on what a person needed to do for the permitting process. The answer was yes and it was usually a contractor (a specialist) that worked on behalf of projects. Staff discussed the particular case in question and the business owner had every opportunity to communicate with the City on information the City was communicating to their contractor.

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In addition, Member Nelson commented on attending a recent breakfast at the Boys & Girls Club. The guest speaker was a news anchor that shared a personal and tragic story that inspired the message of why it was important to be involved with bettering and encouraging children.

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Member Cole commented on the upcoming grand opening of a new inclusionary playground and its importance.

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report, as provided in the Council agenda packet. The items were provided for informational purposes only.

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CITY ATTORNEY’S REPORT – None. 

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With no further business to discuss, the meeting adjourned at 8:28 p.m.