Regular City Council Meeting - August 25, 2020 at 6:30 PM

  1. Minutes

City Council 

Regular Meeting

August 25, 2020

 

The City of Titusville City Council met in regular session on Tuesday, August 25, 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 6:30 p.m. Those present in the Council Chamber included Mayor Walt Johnson, Vice-Mayor Dan Diesel, City Council Members Robert Jordan and JoLynn Nelson, City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

Regular City Council Member Sarah Stoeckel participated via communications media technology (telephone), as allowed by Florida Statutes and State emergency orders during the COVID-19 pandemic. 



 

Pastor Mike Cassara of First Christian Church of Titusville gave the invocation. Mayor Johnson led those present in the Pledge of Allegiance to the Flag.

 

City Clerk 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, which were based on City of Titusville Resolution No. 16-2020.

 

Copies of several electronic mail (e-mails) containing input and various requests from citizens on the meeting’s agenda items were distributed to the Council. 

 



APPROVAL OF MINUTES

 

Motion:

Member Jordan moved to approve the minutes of the regular City Council meeting on August 11, 2020 and the special City Council meeting on August 6, 2020, as submitted. Member Nelson seconded the motion and 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. 



SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 



BOARDS AND COMMISSIONS

 

Titusville Environmental Commission – The request was to accept the resignation of Alternate Member Jeffrey Sallmen with an unexpired term to expire on November 30, 2020. Mr. Sallmen's resignation was effective on August 7, 2020. Also, accept the resignation of Regular Member Tammy Nelson with an unexpired term to expire on November 30, 2021. Ms. Nelson's resignation was effective on August 11, 2020.


Motion:

Member Jordan moved to accept the resignation of Titusville Environmental Commission Alternate Member Jeffrey Sallmen effective on August 7, 2020, with regret. The motion also included accepting the resignation of Regular Member Tammy Nelson effective on August 11, 2020, with regret. Member Nelson seconded the motion and the roll call vote was:

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously. 

 



2020/2021 Student Advisory Council Appointment - City Manager Larese highlighted the request provided in the Council agenda packet, which included confirming Ms. Edie Pringle as a member of the 2020/2021 Student Advisory Council and 9th grade representative of the North Brevard Home School Association.

 

Motion:

Member Jordan moved to confirm Ms. Edie Pringle as a member of the 2020/2021 Student Advisory Council and 9th grade representative of the North Brevard Home School Association, as nominated by her school. Vice-Mayor Diesel seconded the motion and the roll call vote was:

 

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously. 




Planning and Zoning Commission - City Manager Larese highlighted the request provided in the Council agenda packet, which included appointing one regular member to the Planning and Zoning Commission (P&Z) with a term to expire on January 31, 2021. Mr. Jan Cary was presently serving as an alternate member on the Commission, with a term to expire on January 31, 2022. Mr. Cary had expressed his desire to serve as a regular member. If he was not appointed as a regular member, he desired to continue as an alternate member. Additionally, two applications from Stan Johnston and Joyous Parrish were on file for the Council’s consideration and for the open, regular member, seat that was due to expire on January 31, 2021. 

 

Applicants Jan Cary, Joyous Parrish, and Stan Johnston reviewed their qualifications. Mr. Johnston added that he submitted a letter of his references prior to the Council meeting. Then, Mr. Johnston yielded and asked the Council consider Mr. Cary over himself. 

 

Ruthie Cook and Laurilee Thompson asked the Council to consider Joyous Parrish for the position of a regular member on the P&Z. 

 

Chairperson Dwight Severs of the Planning and Zoning Commission (P&Z) provided Council with a letter advising that Alternate Member Jan Cary missed three (3) consecutive meetings. 

 

Motion:

Member Nelson moved to appoint Joyous Parrish as a regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2021. Member Jordan seconded the motion for discussion.

 

Mr. Cary reviewed recent circumstances. He also asked the Council to consider Joyous Parrish for the regular member position. 

 

The roll call vote was:

 

Vice-Mayor Diesel                  Joyous Parrish 

Member Stoeckel                    Joyous Parrish

Member Jordan                       Joyous Parrish

Member Nelson                      Joyous Parrish

Mayor Johnson                       Joyous Parrish

 

The motion carried unanimously. 

 



City Attorney Broome referenced the letter submitted by the Planning and Zoning Commission Chairperson and the City’s Code of Ordinances, Section 2-53

Motion:

Member Nelson moved to approve Planning and Zoning Commission (P&Z) Alternate Member Jan Cary’s absences at the regular P&Z meetings on July 22, 2020, August 5, 2020, and August 19, 2020. Vice-Mayor Diesel seconded the motion and 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




North Brevard Commission on Parks and Recreation – The request was to appoint two regular members to the North Brevard Commission of Parks and Recreation with terms to expire on August 31, 2022. The terms of regular members Andrew Connors and William Klein would expire on August 31, 2020. Both individuals expressed their desire to continue serving on this board as City Council appointees and requested being reappointed for two-year terms to expire on August 31, 2022. 


Regular Member Andrew Connors praised Regular Member William Klein on his knowledge and asked Council to consider reappointing Mr. Klein. Mr. Connors also reviewed his qualifications and his desire to be reappointed to the North Brevard Commission of Parks and Recreation


Motion:

Vice-Mayor Diesel moved to reappoint Andrew Connors and William Klein as regular members to the North Brevard Commission on Parks and Recreation, with terms to expire on August 31, 2022. Member Nelson seconded the motion and 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.

 



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

Stan Johnston advised that he was a professional engineer and land surveyor. He commented on an alleged report that he was interested in viewing and desired rewarding persons who provided him with the alleged report with $100 reward. He also highlighted his opinions of others.  

 



Morris Mallet commented on a company in Merritt Island that handled day labor and daily pay jobs and expressed concern that Titusville no longer offered this service. Mr. Mallet requested Council assist him in providing day labor jobs in Titusville.

 

Motion:

Vice-Mayor Diesel moved to give Mr. Mallet an additional minute to speak. Member Nelson seconded the motion and it carried unanimously. 

 

Mr. Mallet continued and provided the rationale for his request. 

 

Brief Council discussion ensued. In response, City Manager Larese commented that these services were provided by a private business. He also reviewed recent request that was made at the Fiscal Year (FY) 2021 budget workshop for the City’s Public Works Department to discontinue the contract for day laborers, due to the Department could not get the day laborer help it needed. However, once the Fiscal Year 2021 budget was approved, job openings were tentatively proposed that the community may be interested in filling. 

 

Member Nelson recommended staff speak with the company that handled day laborer jobs in Merritt Island and ask what could be done to have this service available in Titusville. City Manager Larese advised that he could have the Economic Development Director reach out to the company in Merritt Island.

 



William Gary requested Council adopt an ordinance creating a Citizens Police Review Board to help foster a better sense of transparency, communication, and a trusting relationship between the City’s Police Department and the City of Titusville. Mr. Gary noted that he emailed his proposal to the Council prior to the Council meeting. 

 

The discussion included that the City of Melbourne currently had a program in place that might work for Titusville. Further discussion ensued on government boards being subject to Florida Statutes, Sunshine Laws (open meeting laws), rules, and restrictions; seeing the community as one (1) community; other avenues to work with the community and other organizations like the National Association for the Advancement of Colored People (NAACP) to achieve the types of goals that Mr. Gary may envision, feelings of frustration on issues reported in the news or media outlets, etc.  

 

Lynn Golden advised that she was the president of The Concerned Citizens of Titusville, who worked with others to rename (honorary) a street after Martin Luther King, Jr. She indicated her support of Mr. Gary’s request. Ms. Golden also requested the Council not dismiss Mr. Gary’s request, but take a deeper look at what was happening in the world and local community and what others felt needed attention, including in the black community. She felt that begging should stop and attention should be given to requests like hers, including having a Citizens Police Review Board or programs like the one in Melbourne.   

Reverend A.J. Davis commented on what he heard and saw in the news or media that made him feel ill. He felt many individuals could do so much more working together, like the program in Melbourne that was mentioned during Mr. Gary’s remarks. He advised that he was pleased by the current work of the Police Department. He also felt humans could make mistakes. For these reasons, he supported being proactive and working together. 

 

Motion:

Member Jordan moved to approve advisability to have staff report back on the next steps on these matters, whether that included a Police Review Board or whatever, etc. Member Nelson seconded the motion and the roll call vote was: 

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 

Based on the discussion, Mr. Gary would work with Police Chief Lau to discuss what the City of Melbourne was currently doing and how this was working for their City

 



CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A, B, C, and D, as followed: 

 

  1. Resolution No. 27-2020 Amending Resolution No. 14-2020 - Right-of-Way Vacation Application No. 3-2019 - Approve Resolution No. 27-2020 amending Resolution 14-2020 to correct the legal description and to extend the date by which the conditions of approval must be achieved. At their meeting on August 19, 2020, The Planning and Zoning Commission recommended approval, 6-1. 

            

  1. 2020 Federal EPA Brownfields Community-Wide Assessment Grant Application - Authorize staff to apply for the 2020 Federal EPA Brownfields Community-Wide Assessment Grant.

            

  1. Advisability - Site Review Thresholds - Approve advisability for staff to reassess the thresholds for site plan review to more appropriately match the level of review to potential impacts of development.

            

  1. Advisability - Review of Master Plan Process - Approve advisability for staff to review the process for master plan approval.

 

Stan Johnston submitted individual public speaking cards on Consent Agenda Items A, B, C, and D or more than three items; therefore, per policy he was provided 10 minutes to speak on Consent Agenda. 

 

Mr. Johnston felt that something historical happened or that affected all four Consent Agenda items. He felt there were dishonest persons in the City and he requested the resignations of several City officials. Because he felt persons were being dishonest, Council should not be considering the Consent Agenda items, for reasons he explained and were interpreted as not being related to the requests at hand.  

 

Mr. Johnston redirected his comments. He advised that he supported the request in Consent Agenda Item A. For Consent Agenda Item B, Mr. Johnston felt that tests should be performed at the subject sites for pollutants, as well as determine if grant funding was available for such.

 

For Consent Agenda Item C, Mr. Johnston commented on issues that concerned him on flood elevations for the Baker’s Subdivision and other subdivisions, flood zone calculations, clear-cutting or land excavation on properties, site calculations, an alleged report that he was concerned with, etc. 

 

For Consent Agenda Item D, Mr. Johnston referenced a sign or an exhibit that he was holding and a prior City Council meeting that he attended (he indicated was held in March) and the police interacted with him, in a way that dissatisfied him. 

 

Motion:

Member Nelson moved to approve Consent Agenda Items A, B, C, and D, as recommended. Member Jordan seconded the motion and the roll call vote was: 

 

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously

 



ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 6-2020 Relating to Wetland Survey Requirements – City Attorney Broome read Ordinance No. 6-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING THE REQUIREMENTS FOR A WETLANDS DETERMINATION THAT IS VALID AT THE TIME OF SUBMITTAL TO THE CITY, SPECIFICALLY AMENDING CHAPTER 29 “SPECIAL DISTRICTS AND OVERLAYS”; SECTION 29-71 “INTENT” AND CHAPTER 34 “PROCEDURES”, SECTION 34-55 “MASTER PLAN SUBMITTAL”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE.

 

This ordinance was tabled at the regular City Council meeting on July 28, 2020.

 

City Manager Larese highlighted the request as provided in the Council agenda packet, as well as the Planning and Zoning Commission and the Titusville Environmental Commission’s recommendations. The request was to conduct the public hearing for Ordinance No. 6-2020; however, staff requested the ordinance be withdrawn and requested advisability to develop an ordinance that required a wetland survey be prepared by a knowledgeable environmental professional for submittal to the City.

 

Mayor Johnson opened the public hearing. 

 

Stan Johnston did not support the proposed ordinance for reasons he explained. 

 

With no additional persons that wish to speak, Mayor Johnson closed the public hearing. 

 

City Manager advised the recommendation was to withdraw agenda item Nos. 9 A - Ordinance No. 6-2020 Relating to Wetland Survey Requirements and 12 B - Resolution No. 25-2020 Amending the Development Review Procedures Manual

 

Motion:

Member Jordan moved to withdraw agenda item Nos. 9 A - Ordinance No. 6-2020 Relating to Wetland Survey Requirements and 12 B - Resolution No. 25-2020 Amending the Development Review Procedures ManualThe motion also included approving advisability to develop an ordinance that required a wetland survey be prepared by a knowledgeable environmental professional for submittal to the City, as recommended. Vice-Mayor Diesel seconded the motion and the roll call vote was:

 

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

 

The motion carried unanimously

 



Ordinance No. 9-2020 - Revocation of Ad Valorem Tax Exemption for Rocket Crafters, Inc. – City Attorney Broome read Ordinance No. 9-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVOKING THE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO ROCKET CRAFTERS INC.; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only. 

 

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

 

Mayor Johnson opened the public hearing. 

 

Stan Johnston expressed concern on the timeframe of the company’s plan to relocate elsewhere and the company’s status in prior years. 

 

With no additional persons that wish to speak, Mayor Johnson closed the public hearing. 

 

Community Development Director Busacca advised that Rocket Crafters (company) never received an ad valorem tax (AVT) abatement from the City, due to it never met the AVT criteria. This had been reviewed annually by the Council and the company was granted an extension in prior years, affording an opportunity to meet the AVT abatement ordinance criteria; however, there were no funds ever expended or tax exemptions given to the company. 

 

Motion:

Member Nelson moved to approve Ordinance No. 9-2020 revoking the Economic Development Ad Valorem Tax Exemption to Rocket Crafters, Inc., as recommended. Member Jordan seconded the motion and 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-FIRST READING

 

Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2020 - 2308 Hopkins Ave – City Attorney Broome read the following ordinances for the second time, by title only, as followed:

 

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.

 

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.

 

City Manager Larese highlighted the request as provided in the Council agenda packet. This was the first reading of the related ordinances. The second reading and public hearing of the ordinances was scheduled for the regular City Council meeting on September 8, 2020 at 6:30 pm. He also advised that on August 19, 2020, the Planning and Zoning Commission, unanimously, 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 advised that she represented the applicant, which was her employer. She then reviewed her employer’s intentions for the property and additional information. 

 

There were no additional persons that spoke. 




OLD BUSINESS


Brooks Landing Subdivision - Sketch Plat – This agenda item was tabled at the regular City Council meeting on July 28, 2020.

 

City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve the Sketch Plat for Brooks Landing Subdivision. He also advised that on July 22, 2020, the Planning and Zoning Commission recommended approval with the following conditions: (1) Require clarification of the stormwater plan to determine the amount of drainage into Indian River Lagoon with the requirement to lessen or prevent drainage into the Indian River Lagoon or a clarification that there is no impact to the Indian River Lagoon with the current stormwater management proposal; (2) Require more open space (minimum 20 feet of a clear pathway around each pond) surrounding the ponds for recreation including items such as a walking trail with native vegetation planted with both trees and shrubbery (the Code-required 10 % natural planting/preserved area could be located within the minimum 20-foot clear pathway around each pond and the same could be counted toward the native plantings); and (3) Require the developer to provide proof of the required protection of protected animal species to the furthest extent possible abiding by state regulations.  The motion passed, 4-2.

 

Community Development Director Peggy Busacca briefly highlighted the information in the Council agenda packet, including the requirements for a sketch plat and that it was reviewed by staff and consistent with the relevant and governing procedures. 

 

Council discussion ensued on various items, as followed:

 

  • A 20-foot clear pathway for which it was indicated there was no criteria or requirement
  • Ponds: stabilization, grade, vegetation, etc. 
  • Gopher tortoises, species, and various required permits (some information that was not required at this phase)
  • Stormwater system, retention, and discharge, low impact development, stormwater harvesting, nutrient loading, outside agency review and approval

 

Mr. Steve Mohler, a professional engineer in Florida, and a representative of the Brooks Landing Subdivision Sketch Plat, spoke on behalf of the agenda item responded to Member Nelson’s questions on trees, grading, etc. He also commented on behalf of the request and requested Council’s approval to move forward on the project. 

 

Council discussion continued on the following: 

 

  • Trees located in various areas, tree removal, tree preservation, a City arborist’s   involvement, a tree survey for the entire 71 acres, preserving trees, etc. 
  • Mr. Mohler’s responses to the Planning and Zoning Commission’s recommendations. 
  • Storm water discharge into the Indian River Lagoon and stormwater requirements
  • The master plan (approved by Council in 2019) and the sketch plat were consistent 
  • Historical research on the property when it was located in Brevard County’s jurisdiction and prior to being annexed
  • Electronic mail (email) received from citizens or nearby property owners (one in particular was read aloud by City Attorney Broome). 
  • Pages in the Council agenda packet and color maps with property boundaries, lots, yellow lines showing the neighboring lots, buffers, landscape buffer, shrubbery, setback line to the edge of the project, proximity to nearby citizens’ homes, etc. 
  • Stormwater management requirements and enhanced treatment processes to address nutrients, stormwater harvesting, 
  • Pre and post development stormwater pollutant loading (not typically determined at sketch plat phase)
  • Mr. Mohler’s knowledge on stormwater procedures and other agency requirements
  • City installed baffle boxes and other installations of this type of equipment resulted in Basin Management Action Plan (BMAP) credits to the City 

 

Stan Johnston submitted a public speaking card. He reviewed his concerns or opinions of misconduct and mistreatment of stormwater management. He requested the City hire someone like Steve Mohler to review his correspondence or positions on storm water concerns. 

 

Kay St. Onge submitted a public speaking card. She read from a prepared statement that discussed information on the Florida Department Environmental Protection (FDEP) basin action management plan, her concerns for further degradation of the Indian River Lagoon (IRL), being proactive to protect the IRL, encouragement of low impact development, 

 

By consensus vote, Council granted Ms. St. Onge two additional minutes to speak. 

 

Ms. St. Onge continued and reviewed her concerns for stormwater management, flooding, concerns that new development would compound flooding issues, assessment of culverts and infrastructure in the area to accommodate storm water runoff, protecting grand trees, etc. 

 

Terry LaPlante submitted a public speaking card. She asked Council to take action and approve a low impact development ordinance and offer developers a package of incentives to develop their projects using low impact development practices. Her concern was for conventional development communities that used sod and green grass that may harm the IRL.   

 

Council discussion further ensued on the following:

 

  • Nearby County maintained ditches and the County’s intention or scope of work to complete improvements in the area of the project
  • Saving trees and justifying saving ones greater than 20-inches in diameter
  • The developer was working with staff to save big trees
  • Permeable surfaces
  • Leaving a beautiful and healthy environmental legacy for future generations and doing what was right for the citizens 

 

Next, Members Jordan and Nelson would talk their way through forming and making a motion. Member Jordan had the floor, but Member Nelson suggested a motion, which was discussed with staff as to what staff heard from Council and the City Attorney pausing to ensure the Council was not proposing to alter the Land Development Regulations. To this, the following motion resulted by these efforts. 

 

Motion:

Member Jordan moved to approve the Brooks Landing Subdivision Sketch Plat with the following conditions:  (1) Grand Trees defined as 30 inches Diameter at Breast Height (DBH) be saved if possible; and (2) Criteria for Land Development Regulations, Chapter 30, Section 30-32 shall be followed for the removal of all trees. Member Nelson seconded the motion.


 

City Clerk Wells confirmed whether or not Member Jordan intended to include the Planning and Zoning Commission’s recommendations in the motion presently under the Council’s consideration. To this, Member Jordan advised no, this was not in 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




NEW BUSINESS

 

Advisability - Low Impact Development (LID) Ordinance - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to provide direction to staff relating to incorporating Low Impact Development (LID) into the City's Land Development Regulations

 

The Titusville Environmental Commission (TEC) considered Low Impact Development (LID) options during their meeting on August 13, 2020 and unanimously (5:0) recommended the adoption of an ordinance and resolution encouraging the use of Low Impact Development (LID) and Best Management Action Plans. The TEC would like to see the ordinance again when the final draft is complete.

 

The Planning and Zoning Commission considered Low Impact Development options during their meeting on August 19, 2020. The Commission, unanimously, recommended to Council to direct staff to create the LID ordinance by January 2021 and only if necessary, use a consultant. The recommendation included making the use of LID a requirement, rather than encouraged. The ordinance/resolution presented would only encourage LID.

 

Community Development Director Busacca reviewed various pieces of information with Council that discussed how the City had made some progress toward LID; however, staff needed additional direction from Council on how they desired achieving Low Impact Development (LID). 

 

Member Nelson referred to a recent staff presentation on LID and a matrix or ideas that the City could incorporate into the City’s regulations. She desired incentivizing the types of ideas in staff’s recent presentation and in the meantime, Member Nelson wanted to encourage the public or developers to use LID, such as swales, curb cuts, rain gardens, additional landscaping, etc.   

 

Member Jordan supported the idea to incentivize LID and moving in the direction of LID, but also how it could be used with existing or old development. 

 

Vice-Mayor Diesel desired developers supplying ideas for how they might achieve Low Impact Development (LID), due to he felt templates were not necessarily available to prescribe one way of accomplishing these goals.   He also supported incentivizing LID. 

 

Mayor Johnson supported this and encouraging LID practices.

 

Community Development Director Busacca advised that she felt she had some direction now from Council to report back with ideas, as well as ideas for incentives. City Attorney Broome recommended hearing from any public that desired speaking on the agenda item and assuring Council direction. 

 

Stan Johnston submitted a public speaking card. He supported advisability theoretically if it worked; however, then he commented on his concerns about fraud, communication, non-sense, laws of gravity, water flows downhill, back water and flooding, maintaining floodways, an alleged report that he was concerned with, etc. 

 

Member Nelson called for point of order and felt the citizens comments were not related to the request at hand. 

 

Mayor Johnson asked Mr. Johnston to be relevant. 

 

Mr. Johnston continued. He felt that a Council was lying about an alleged report. 

 

Kay St. Onge submitted a public speaking card. She read from a prepared statement. She advised that the concepts of Low Impact Development (LID) was not new and the Basin Management Action Plan (BMAP) indicated in 2012 to use LID procedures to reduce degradation of the Indian River Lagoon, to which she explained. 

 

Motion:

Member Nelson moved to give Ms. St. Onge two additional minutes to speak. Vice-Mayor Diesel seconded the motion and it carried unanimously. 

 

Ms. St. Onge continued with information to support her request for the City to follow through with implementing LID rules, rather that encourage the low impact development practices as she felt this would be too similar to past development practices, which concerned her, due to the environmental health of the Indian River Lagoon (IRL).  

 

Laurilee Thompson submitted a public speaking card. She held up a large board containing pictures of the Indian River Lagoon and a graph spanning 2-years (June 2018 through June 2020) that detailed a crash in the IRL’s (lagoon’s) health or visibility each July, which she advised was caused by epic algae blooms. Ms. Thompson further reviewed the various pictures, concerns for items like drink cup lids getting caught in baffle boxes, etc. 

 

Motion:

Member Nelson moved to give Ms. Thompson two additional minutes to speak. Vice-Mayor Diesel seconded the motion and it carried unanimously. 

 

Ms. Thompson continued water quality, the absence of sea grass, trying something different other than traditional storm water ponds, etc. 

 

Toni Shifalo submitted a public speaking card. She requested Council accept the Planning and Zoning’s recommendations and make low impact development (LID) a requirement rather than only encouraging LID. 

 

Terry LaPlante submitted a public speaking card and read from a prepared statement. She requested Council adopt low impact development (LID) ordinances and resolutions and to incentivize this way of development. Ms. LaPlante also requested the City to waive permit fees, pay for developers’ soil tests, and take necessary steps to protect the Indian River Lagoon (IRL), etc.  

 

Council provided direction for staff to develop an ordinance encouraging Low Impact Development (LID) through incentives.

 

Mayor Johnson confirmed whether staff had sufficient direction to move forward, to which Community Development Director Busacca advised that while listening to the Council thus far:

 

  1. Encourage low impact development (LID) through incentives
  2. Develop an ordinance or more than one ordinance to do this

 

Member Stoeckel was in agreement for the most part. She felt there were good intentions, but the collective was not sure how to manifest these types of goals yet. Member Stoeckel desired seeing the best practices that the Council was presented with and some type of incentive be encouraged at this time. Then, once cities received more guidance from the State in 2021, then it might be worthwhile to hire a consultant to assist the City further with LID. 

 



Resolution No. 25-2020 Amending the Development Review Procedures Manual – Council withdrew Resolution No. 25-2020 earlier in the meeting, as recommended.




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

 

Toni Shifalo requested the Council adopt low impact development requirements, but then consider the Planning and Zoning Commission’s idea to save on costs, which was to have developers hire their own consultants to guide LID development versus the City hiring a consultant. 

 



MAYOR AND COUNCIL REPORTS

 

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

 



Council Reports

 

Vice-Mayor Diesel commended Member Jordan on an event at Viera Charter School, where Member Jordan was honored with having a building named after him. Vice-Mayor Diesel advised that he was proud to be at the event that honored Member Jordan and likely the many good things that Member Jordan contributed to the school and community. 

 

Member Jordan advised that he was committed to serving children and the community. 

 



CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. All items were informational only, as followed:

 

  • Fiscal Year (FY) 2021 Budget Public Hearing – September 9, 2020 at 5:30 p.m. at City Hall
  • Fiscal Year (FY) 2021 Final Budget Public Hearing – September 17, 2020 at 5:30 p.m. at City Hall



CITY ATTORNEY’S REPORT - No action.



With no further business to discuss, the meeting adjourned at 10:23 p.m. 

  


Walt Johnson, Mayor

 


ATTEST:

 

Wanda F. Wells, City Clerk