Regular City Council Meeting - September 8, 2020 at 6:30 PM

  1. Minutes

City Council
Regular Meeting
September 8, 2020


The City of Titusville City Council met in regular session on Tuesday, September 8, 2020, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. 


Mayor Johnson called the City Council meeting to order at 6:40 p.m. Those present in the Council Chamber included Mayor Johnson, Vice-Mayor Dan Diesel, and City Council Members JoLynn Nelson and Robert Jordan. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Caitlin Rodriguez completed the minutes.


City Council Member Sarah Stoeckel participated in the meeting remotely (off site), using communications media technology, as allowed by Florida Statutes and State emergency orders during the COVID-19 pandemic and threat to public health and safety.



City Clerk Wanda Wells read the procedure for public comment and participation. City Attorney Broome read additional procedures for public comment and participation for City Council meetings during COVID-19, which were posted on the City website and the Council agenda and which were based on City of Titusville Resolution No. 16-2020. Mayor Johnson requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag.



APPROVAL OF MINUTES 

Motion: 

Member Jordan moved to approve the minutes of the regular City Council meetings on July 28, 2020 at 6:30 p.m. and August 25, 2020 at 5:30 p.m. and the Special City Council meeting on August 12, 2020. Member Nelson seconded the motion and the roll call vote was as follows:

Member Jordan        Yes
Member Nelson        Yes
Mayor Johnson         Yes
Vice-Mayor Diesel     Yes
Member Stoeckel      Yes



SPECIAL RECOGNITIONS & PRESENTATIONS – None. 



BOARDS AND COMMISSIONS


Titusville Environmental Commission – The request was to appoint one regular member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2021 and one alternate member with an unexpired term to expire on November 30, 2020.


City Manager Larese advised that there were two applications on file for consideration by Council, Mr. Linwood (Woody) Rice (resident) and Ms. Laurilee Thompson (non-resident).


Stan Johnston stated that he did not feel that Mr. Woody Rice should be an eligible candidate for the Titusville Environmental Commission. 


Mayor Johnson stated that their first priority would be given to a resident of the City, so he recommended appointing Mr. Woody Rice as a regular member and Ms. Laurilee Thompson as the alternate member. 


Ms. Laurilee Thompson thanked Council for the opportunity to be a part of the policy making mechanism and to be a part of helping the Indian River Lagoon. 


Motion:
Member Jordan moved to appoint Mr. Linwood “Woody” Rice as a regular member and Ms. Laurilee Thompson as an alternate member of the Titusville Environmental Commission. Member Nelson seconded the motion. The roll call vote was as follows: 


Member Nelson       Yes
Mayor Johnson        Yes
Vice-Mayor Diesel    Yes
Member Stoeckel     Yes 
Member Jordan        Yes

The motion carried unanimously. 



North Brevard Hospital District Board – Regular Member Herman Cole gave a presentation for the North Brevard Hospital District Board’s semi-annual report. There was no action taken by Council. The presentation was highlighted as followed: 

    COVID Update

    New Interventional Radiology Services

    The Children’s Center Update

    Parrish Health & Fitness Update

    Services continue to Expand



Municipal Code Enforcement Board – The Municipal Code Enforcement Board’s semi-annual written report was included in the agenda packet. No action was required. 



Planning and Zoning Commission – City Manager Larese highlighted the request, as provided in the Council agenda packet. The request was to accept the resignation of Alternate Member Jan Cary from the Planning and Zoning Commission with an unexpired term to expire on January 31, 2022. Mr. Cary’s resignation was effective on August 25, 2020.  


Stan Johnston stated that he was at the Planning and Zoning Commission meeting where there was discussion about Mr. Jan Cary being forced out of his position due to absences. He stated there was a difference in the information being related at the City Council meeting and wanted clarification. 


Motion: 
Member Jordan moved to accept the resignation of Alternate Member Jan Cary with regrets. Member Nelson seconded the motion. The roll call vote was as follows: 

Mayor Johnson        Yes
Vice-Mayor Diesel        Yes
Member Stoeckel        Yes 
Member Jordan        Yes
Member Nelson        Yes

The motion carried unanimously. 



2020/2021 Student Advisory Council Appointments – The request was to confirm Ms. Taylor Batson (12th grade), Emilee Ellis (11th grade), and Savannah Sevor (10th grade) as members of the 2020/2021 Student Advisory Council, as nominated by Astronaut High School. 


Motion: 
Member Nelson moved to confirm Ms. Taylor Batson, Emilee Ellis, and Savannah Sevor as members of the 2020/2021 Student Advisory Council. Member Jordan seconded the motion. The roll call vote was as follows: 

Vice-Mayor Diesel       Yes
Member Stoeckel        Yes 
Member Jordan           Yes
Member Nelson           Yes
Mayor Johnson            Yes

The motion carried unanimously. 



PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)


Stan Johnston stated that on July 14, 2020, he distributed an empty envelope addressed to himself to all City Council members and to the City Manager and City Attorney to provide to him a 2019 report by Geosyntec. 


Dedra Waller expressed concern that she cannot operate a home-based business from a shed on her residential property. Ms. Waller was working with staff to determine her options. 


Mr. Edmond spoke regarding his concerns with the homeless at Space View Park. He stated that the homeless had been issued blanket trespass notices as well as the electricity being turned off at the park and they could not charge their devices. He was concerned with why the homeless had been issued blanket trespass notices if they were not being a nuisance. 


Mary Duncan expressed concern of the overgrowth at 2501 Dorothy Circle. Mayor Johnson requested staff review her concerns. 



CONSENT AGENDA 


City Clerk Wanda Wells advised that there were public speaking cards submitted for items A, B, D, E, F, G, H and I. 

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

A.    Grant Agreement for the Osprey Nutrient Removal Upgrade Project – Approve a cost-share agreement between the City of Titusville and the St. Johns River Water Management District in the amount of $1,350,000 towards construction of the Osprey Nutrient Removal Upgrade Project and authorize the Mayor to execute the agreement.

B.    Amendment No. 2 to State Revolving Fund Loan Agreement DW050300 – Approve Amendment No. 2 to State Revolving Fund Loan Agreement DW050300 and authorize the City Manager to execute on behalf of the City.

C.    Award of Grant for a Historic Booklet and Walking Tour Project – Approve and authorize the Mayor to sign the State of Florida, Florida State Department, Division of Historic Resources grant agreement #21.h.sm.300.051 to complete a Historic Booklet and Walking Tour Project and to approve the attached Budget Amendment to recognize the proceeds of the grant.

D.    Design of Indian River Avenue Force Main Replacement – Approve the award of Work Order AECOMWR013 to AECOM Technical Services, Inc. in the amount of $196,616 to provide engineering consulting services including, but not limited to, the preliminary design, final design, permitting, and limited construction administration services for replacement of the existing Indian River Avenue force main and authorize the Mayor to execute the work order. 

E.    Medicare Medical and Pharmacy Cost for Balance of FY 2020 – Approve additional funds requested in the amount of $58,016 to the Contract and Purchase Order to cover Cigna's Medicare Supplement and Pharmacy premiums for the balance of FY 2020 and approve attached Budget Amendment.

F.    Medical Stop-Loss Insurance for October 1, 2020 – September 30, 2021 – Approve the renewal of medical reinsurance coverage, subject to the approval of the FY 2021 budget, with Symetra to cover medical reinsurance costs at a renewal rate of $86.81 per single employee per month and $230.96 per employee family per month.

G.    Lease Acquisition of Stormwater Vacuum Truck – Approve the acquisition of a new stormwater vacuum truck from Environmental Products of Florida from Apopka Florida under a 5-year lease agreement with Leasing 2, Inc. from Tampa, Florida in the amount of $72,332.14 annually, and a maintenance agreement in the amount of $13,800 annually. Additionally, authorize the Mayor to execute all the necessary agreement documents subject to the resolution of agreements terms and conditions by the City Manager and City Attorney, create associated capital outlay project and approve the associated budget amendment.

H.    Public Works Facilities Fencing and Gates – Approve the use of Brevard County School Board Co-op Purchasing Agreement ITB#16-B-069-LU to award fencing and gate improvements for the Public Works Complex to All-Rite Fence Services, Inc. of Orlando, FL in the amount of $35,681.38 and authorize the City Manager to execute necessary agreements.

I.    Acceptance of Easements from BBL Florida Hotel Group, LLC for the Hyatt Place Hotel on South Washington Avenue – Accept two Utility Easements from BBL Florida Hotel Group, LLC for the Hyatt Place hotel on South Washington Avenue.

J.    Acceptance of Easement from DPG Holdings, LLC for the Aero Electronics Expansion on South Park Avenue – Accept Easement from DPG Holdings, LLC for the Aero Electronics Expansion on South Park Avenue.

K.    Acceptance of Easement from Life Storage LP for the Life Storage Expansion on Garden Street – Accept Easement from Life Storage LP for the Life Storage expansion on Garden Street.

L.    Acceptance of Easements from 810 Cheney, LLC for the Titusville Storage redevelopment located at 810 Cheney Highway – Accept two Utility Easements from 810 Cheney, LLC for the Titusville Storage redevelopment located at 810 Cheney Highway.

M.    Acceptance of Easements from ESA P Portfolio, LLC for the Extended Stay Hotel Located on Helen Hauser Boulevard – Accept two Utility Easements from ESA P Portfolio, LLC for the Extended Stay Hotel located on Helen Hauser Boulevard.

Stan Johnston turned in speaking cards on items A, B, D, E, F, G, H, and I. Mr. Johnston stated that he wrote every Council member and stated that he felt when someone approached the podium at a Council meeting, they should be prepared and knowledgeable of the item that they have chosen to speak on. Mr. Johnston also stated that every Council member refused his suggestion and that Council Members do not respond to his phone calls or e-mails. 

Motion:
Member Jordan moved to approve Consent Agenda Items A through M, as recommended. Vice-Mayor Diesel seconded the motion. The roll call vote was:

Member Stoeckel      Yes
Member Jordan        Yes
Member Nelson        Yes
Mayor Johnson         Yes
Vice-Mayor Diesel     Yes

The motion carried unanimously.  



ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2020 - 2308 Hopkins Avenue – City Attorney Broome read ORDINANCE NO. 10-2020, 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 CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 10,454 SQUARE FEET OF PROPERTY LOCATED AT 2308 SOUTH HOPKINS AVENUE, BY REPLACING THE LOW DENSITY RESIDENTIAL LAND USE WITH THE COMMERCIAL LOW INTENSITY FUTURE LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. 

City Attorney Broome also read ORDINANCE NO. 11-2020, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT SINGLE-FAMILY MEDIUM DENSITY (R-1B) ZONING DISTRICT WITH THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT ON APPROXIMATELY 10,454 SQUARE FEET OF PROPERTY LOCATED AT 2308 SOUTH HOPKINS AVENUE; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only.

City Manager Larese advised that at the Planning and Zoning Commission meeting on August 19, 2020, the Commission voted unanimously (7:0), recommended approval of the Commercial Low Intensity Land Use Designation and recommended rezoning to Office Professional (OP) zoning district versus Neighborhood Commercial (NC) zoning district. 

Alanna Buckner thanked the Mayor and City Council for their consideration and their time to hear this item. She stated that she was available to answer any questions. 

Motion:
Member Nelson moved to approve Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2020 for 2308 Hopkins Avenue and approve Ordinance No. 10-2020, as recommended. Member Jordan seconded the motion. The roll call vote was: 

Member Jordan        Yes
Member Nelson        Yes
Mayor Johnson         Yes 
Vice-Mayor Diesel     Yes
Member Stoeckel      Yes

The motion carried unanimously. 

Motion: 
Member Nelson moved to approve Ordinance No. 11-2020 changing the Single-Family Medium Density Zoning to Office Professional. Member Jordan seconded the motion. The roll call vote was as follows: 

Member Nelson        Yes
Mayor Johnson         Yes 
Vice-Mayor Diesel     Yes
Member Stoeckel      Yes
Member Jordan         Yes


The motion carried unanimously. 



Right-of-Way Vacation Request – ROW 1-2020 Logan Drive – City Manager Larese highlighted the item included in the agenda packet. The request was to approve ROW No. 1-2020 to vacate a portion of Logan Drive with conditions and approve related Resolution No. 30-2020. 


City Manager Larese advised that the Planning and Zoning Commission considered this request at their August 19, 2020 meeting and recommended approval (6:1). The member voting against the approval did so because the member felt the request did not meet the criteria for ROW vacation and that the City should utilize the area for a vehicle turnaround. 

Tom Dobson stated that he was hoping for the approval of this item and that he was available to answer any questions. 

Roxann Hahn stated she has been living on Logan Drive for sixteen years. Ms. Hahn distributed photos to the Clerk for Council to see the vegetation and overgrowth that existed. 

Stan Johnston stated that he agreed with the Planning and Zoning Commission Member that recommended the City look at putting a turnaround on Logan Drive.

Motion: 
Member Jordan moved to approve Right-of-Way No. 1-2020 to vacate a portion of Logan Drive with conditions and approve related Resolution No. 30-2020. Member Nelson seconded the motion with discussion. 

Member Nelson stated that the motion was with the following conditions: Easements be provided to Florida Power and Light and Spectrum providing access to the power poles in the area. Secondly, the applicant was required to meet the condition within 180 days of the approval for ROW No. 1-2020.

The roll call vote was as follows: 

Mayor Johnson        Yes
Vice-Mayor Diesel    Yes
Member Stoeckel     Yes 
Member Jordan        Yes
Member Nelson        Yes

The motion carried unanimously. 


ORDINANCES-FIRST READING 

Ordinance No. 16-2020 – Regulating the Discharges of Pharmaceutical Waste and Dental Amalgam Waste to Sanitary Sewer System – City Attorney Broome read AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 “UTILITIES”, ARTICLE III “SANITARY SEWER SYSTEM”, SPECIFICALLY AMENDING SECTION 21-76 “DEFINITIONS” AND SECTION 21-101 “PROHIBITED DISCHARGE STANDARDS”; AND BY ADDING A NEW SECTION 21-220 ENTITILED “DENTAL AMALGAM WASTE REQUIRMENTS”; TO REGULATE DISCHARGES OF PHARMACEUTICAL WASTE AND DENTAL AMALGAM WASTE TO THE SANITARY SEWER SYSTEM; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only. 

City Manager Larese advised that the second reading and final public hearing of Ordinance No. 16-2020 was scheduled for the regular City Council meeting on September 22, 2020 at 6:30 p.m.

Stan Johnston stated that he had been down in some of the sanitary sewers and the concreate was eroded due to toxic chemicals being washed down the drains. He stated that he was opposed to the approval of this ordinance because it was not enough to stop the toxic waste in the sewer systems. 



OLD BUSINESS – None. 



NEW BUSINESS

Advisability – State Override of Local Land Use and Zoning Laws for Affordable Housing (House Bill 1339) – City Manager Larese highlighted the information that was included in the agenda packet. 

Discussion ensued and Council reached a consensus to not direct staff to develop any policies at this time, but Council would like to address again at a future Council meeting. 



Small Scale Plat – Wendy Lee – City Manager Larese highlighted the item in the agenda packet. The request was for Council to approve the Wendy Lee Small Scale Plat. 

Motion: 
Vice-Mayor Diesel moved to approve the Wendy Lee Small Scale Plat. Member Jordan seconded the motion. The roll call vote was as follows:

Vice-Mayor Diesel     Yes
Member Stoeckel      Yes 
Member Jordan         Yes
Member Nelson         Yes
Mayor Johnson         Yes

The motion carried unanimously. 



PETITION AND REQUESTS FROM THE PUBLIC PRESNET (NON-AGENDA ITEMS) – None. 



MAYOR AND COUNCIL REPORTS

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



Council Reports –

Vice-Mayor Diesel commented on the redevelopments happening across town in some of the old vacant buildings.
  



Member Nelson stated that the playground equipment at Blanton Park was rusting and was in need of replacement. Member Nelson stated that she thought the City had beautification funds and that she felt refurbishing Blanton Park would be an appropriate use of those funds.

Mayor Johnson advised that the County had plans of refurbishing Blanton Park in the future. He requested that the City Manager call Brevard County to inquire on their plans for Blanton Park. 



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



City Manager Larese advised that staff was looking forward to the first public hearing for the FY21 budget, which was scheduled for Thursday, September 9, 2020 at 5:30 p.m. 



CITY ATTORNEY’S REPORT – None. 



With no further business to discuss, the meeting adjourned at 8:38 p.m. 


Walt Johnson, Mayor

ATTEST:

Wanda F. Wells, City Clerk