Special City Council Meeting - May 12, 2020 at 5:30 PM

  1. Minutes

City Council

Special Meeting

May 12, 2020


The Titusville City Council met in special session on Tuesday, May 12, 2020 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida.

The meeting was called to order at 5:30 p.m. Those present were Mayor Walt Johnson, Vice-Mayor Dan Diesel, and Council Members Robert Jordan, Jo Lynn Nelson and Sarah Stoeckel. Member Sarah Stoeckel attended via telephone.  Also, in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells.  City Clerk Wanda Wells completed the minutes.

Mayor Johnson led those present in the Pledge of Allegiance to the Flag and then held a moment of silence.

City Clerk Wanda Wells read the procedures for public comment and participation.  City Attorney Broome read the additional procedures for public comment and participation for City Council meetings during COVID-19, which were posted at City Hall, the City website, the Council agenda and which were based on City of Titusville Resolution No. 16-2020.

The purpose of this meeting was for Council to adopt a resolution confirming emergency fee waivers and regulations relating to outdoor seating; approve settlement of sewer main damage claim; and to have discussion on consent agenda procedure for public comment.   

City Manager Larese advised Council there was one additional item that needed to be addressed at this meeting.  City Manager Larese stated that the Community Development Department was expecting to receive a demolition permit for the building located at 346 South Washington Avenue.  Previously, Council directed staff to cancel all advisory boards and this structure was located in the historic district.  Based on this structure being located in the historic district, the demolition permit would have to be considered by the Historic Preservation Board.  Staff requested Council’s permission to hold a Historic Preservation Board meeting in order for the members to consider this request.  



Member Jordan moved to approve for the Historic Preservation Board to hold a meeting, based on this request.  Vice-Mayor Diesel second the motion and it carried unanimously.  

Resolution No. 18-2020 confirming emergency fee waivers and regulations relating to outdoor seating – City Manager presented the item to the City Council.  This resolution would establish emergency regulatory and enforcement policies, including waiver of certain fees and waiving certain requirements for outdoor seating at restaurants.


On April 29, 2020, the Governor issued Executive Order 20-112 adopting the recommendations in Phase 1 of the plan published by the Task Force to Re-Open Florida.  Section 3(B) of Executive Order 20-112 provided for outdoor seating at restaurants and food establishments for consumption of food and beverages on the premises.  On April 28, 2020, City Council directed staff to move forward with fee waivers for certain activities related to small established businesses, and to allow outdoor seating at restaurants.  


Staff presented a resolution that confirmed the actions of Council and established criteria related to outdoor seating as provided below:


  1. Deferral of the fire inspection fees.
  2. Waiver of review fees for building and fire for small existing business repairs of improvements under $25,000.
  3. Waiver of review fees for Historic and Architectural Review Board.
  4. Waiver of additional site plan review for temporary outdoor seating for restaurants and allow restaurants to place outdoor seating within parking or landscaped areas, as approved by the City.  This provision shall remain in force and effect until five (5) days after the State of Florida permits restaurant and eating establishments to operate at one hundred (100) percent capacity, unless modified sooner by City Council.
  5. All temporary outdoor seating must satisfy the following criteria:
    1. Must comply with provisions of Executive Order 20-112.
    2. Must comply with all social distancing requirements established by the State of Florida.
    3. Must comply with all applicable Building Code and Fire regulations.
    4. Must comply with all applicable Florida Health Department regulations.  An increase in the number of seats approved for the restaurants are not increased by this resolution.
    5. Must not negatively impact ingress/egress to the building or property.
    6. If additional outdoor dining space is located within a parking area, a temporary physical barrier must be placed separating the dining from the parking area or drive isles.
    7. Additional outdoor dining space cannot occupy or impact undeveloped land or required vegetation on site.
    8. All temporary outdoor dining areas must be maintained clear of litter.
    9. Regulations pertaining to outdoor entertainment are not affected by this resolution.


City Manager Larese advised that clarification was needed on the definition of a small business.  


Discussion ensued.



Member Jordan moved to approve Resolution No. 18-2020 with discussion. Member Nelson second the motion.  Council discussed the definition of a small business with staff.  Member Jordan amended his motion to include the definition of a small business would be less than 500 employees.  Member Nelson’s second held.  Community Development Director Busacca confirmed that the direction was that if the permit for repairs or improvements was under $25,000 and the business had less than 500 employees, then the waivers would apply.   Council provided consensus.  The roll call was:


                                    Member Jordan                       yes

                                    Member Nelson                      yes

                                    Mayor Johnson                       yes

                                    Member Diesel                        yes

                                    Member Stoeckel                    yes


The motion carried unanimously.

Settlement of Sewer Main Damage Claim – City Manager Larese advised this agenda item was to approve the settlement of sewer main damage claim.  


During repairs to a City of Titusville sewer main and sinking manhole at the intersection of South Washington Avenue and Narvaez Drive.  It was discovered on August 9, 2018 that a contractor had directional bored through the City of Titusville’s sanitary main in two locations which caused the manhole to sink.


The City had been attempting to recover the total cost of repairs in the amount of approximately $315,000 from the responsible contractor.  The City has now received a final offer for settlement of these repair costs in the amount of $290,000, and staff was seeking Council’s approval to settle this claim contingent upon payment being received within thirty (30) days.  




Member Jordan moved to approve the settlement of sewer main damage claim, as recommended.  Vice-Mayor Diesel second the motion and it carried unanimously.

Discussion on Consent Agenda Procedure for Public Comment - At the City Council meeting on April 28, 2020, the Council directed the City Attorney to provide options on public comment procedures for the Consent Agenda portion of the meeting agenda.  The City Council expressed a desire to have rules in place that would enable the Council to conduct efficient and orderly meetings while preserving the public’s ability to participate and provide comment on the Consent Agenda.  


City Attorney Broome provided various City and County policies related to Consent Agenda procedures and public comment in his written memorandum.   This memorandum was provided to Council and included in the agenda packet.


Council discussion ensued.  Discussion included time limitations, speakers being relevant to the agenda item, etc.


Council agreed to allow the public to speak three (3) minutes on the first three Consent Agenda items.  If a citizen signed up to speak on four or more Consent Agenda items, they would be allowed no more than ten (10) minutes to speak on all Consent Agenda items.  Council discussed including a definition of items that would be included under the Consent Agenda. Council discussion also included allowing a citizen to speak on any item pulled from the consent agenda by the City Council and allowing citizens to provide comments via email prior to 5 p.m. on the day of the meeting.  All written comments would be provided to the City Council in written format.


Discussion also included maintaining orderly conduct and proper decorum in the public meetings and how to address any speaker that was not relevant to the agenda item. Council discussed warning the speaker on the first time they were not relevant to the agenda item; asking a speaker to sit down the second time that they were not relevant to the agenda item; and having a speaker escorted outside the meeting if at any time the speaker makes threats to persons or property.



Member Jordan directed City Attorney Broome to draft an ordinance consistent with discussion at this meeting.  Member Nelson seconded the motion and it carried unanimously.

Petitions from the Public Present – None

With no further business, the meeting adjourned at 6:13 p.m.



Walt Johnson, Mayor


Wanda F. Wells, City Clerk