Regular City Council Meeting - January 28, 2020 at 6:30 PM

  1. Minutes

City Council

Regular Meeting

January 28, 2020

 

The City of Titusville City Council met in regular session on Tuesday, January 28, 2020, at Titusville City Hall, second floor, Council Chamber, 555 S. Washington Avenue, Titusville, Florida 32796. Mayor Johnson called the meeting to order at 6:50 p.m., not 6:30 p.m., which was due to the prior City Council meeting at 5:30 p.m. for special recognitions and presentations ran late.

 

Those present at the meeting included Mayor Johnson, Vice-Mayor Daniel Diesel, and regular City Council members JoLynn Nelson, Robert Jordan, Jr., and 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. 

 

City Clerk Wanda Wells read the procedure for public comment and participation. Pastor Chris Garrison of Faith Baptist Church gave the invocation. Additionally, Mayor Johnson led those present in the Pledge of Allegiance to the Flag


APPROVAL OF MINUTES – None. 


SPECIAL RECOGNITIONS & PRESENTATIONS – None. 


BOARDS AND COMMISSIONS

 

Flag and Memorial Committee – Chairperson Al Therriault gave a presentation that highlighted and reviewed the Flag and Memorial Committee’s Annual Report, which the committee was seeking the City Council’s acceptance thereof. 

 

Motion:

Member Nelson moved to accept the Flag and Memorial Committee’s Annual Report, as presented. Member Stoeckel seconded the motion and it carried unanimously. 


Historic Preservation Board – Alternate Board Member Toni Shifalo gave a presentation that highlighted and reviewed the Historic Preservation Board’s Semi-Annual Report, which the board was seeking the City Council’s acceptance thereof.

 

Motion:

Member Nelson moved to accept the Historic Preservation Board’s Semi-Annual Report, as presented. Member Jordan seconded the motion and it carried unanimously.


Planning and Zoning Commission – The request was to accept the Planning and Zoning Commission's Semi-Annual report, as written and provided in the Council agenda packet.

 

Motion:

Member Jordan moved to accept the Planning and Zoning Commission’s Semi-Annual Report, as written. Member Nelson seconded the motion and it carried unanimously.


Planning and Zoning Commission - City Manager Larese highlighted the request, as provided in the Council agenda packet. The request was to appoint four regular members to the Planning and Zoning Commission for terms that would expire on January 31, 2022. 

 

Planning and Zoning Commission Regular Members Bryan Bobbitt and Jane Speidel, whose terms were due to expire at the end of the month, indicated to staff prior to the meeting their desire to continue serving on the commission; however, Regular Members Shawn Williams and Patricia Hare, whose terms would also expire at the end of the month, did not wish to continue serving on the commission. 

 

Planning and Zoning Commission Alternate Member Susan Idtensohn indicated her desire to be appointed as a regular member on the commission. One application was also on file from Robert Johnston, who indicated his desire to serve as either an alternate or regular member on the commission. 

 

Motion:

Member Jordan moved to reappoint Bryan Bobbitt and Jane Speidel as regular members on the Planning and Zoning Commission, for terms to expire on January 31, 2022. Member Nelson seconded the motion and it carried unanimously.

 

Stan Johnston submitted a public speaking card. He distributed information and requested Council Member Jordan and Mayor Johnson withdraw from voting on this agenda item, for reasons he expressed and that were his personal beliefs. 

 

Members Stoeckel and Jordan desired seeking as many applicants as possible, due to the important role that the Planning and Zoning Commission served to the community. Member Nelson discussed the commission’s quorum requirement. 

 

Planning and Zoning Commission Alternate Member Susan Idtensohn reviewed her recent appointment to the commission as an alternate member and recent discussions with City staff on the possibility of being considered by the City Council for a regular member position. 

 

Motion:

Member Nelson moved to table the two remaining regular member appointments (for terms that would expire on January 31, 2022) on the Planning and Zoning Commission, until the next regular City Council meeting. Vice-Mayor Diesel seconded the motion and it carried unanimously.  


Titusville Community Service Award Select Committee - City Manager Larese highlighted the request, as provided in the Council agenda packet. The request was for the Mayor to appoint the chairperson and clergy representatives to the 2020 Titusville Community Service Award (TCSA) Select Committee, with confirmation by City Council. To this, Mayor Johnson appointed Els H. van Engelenberg as the Chairperson and Dr. David Price of the Great Outdoors Community Church as the clergy. 

 

Stan Johnston submitted a public speaking card. He praised the van Engelenbergs for their prior philanthropic work in the community. He also commented on the importance of community service, as well as personal issues that he was concerned with that were not related to the request at hand. 

 

Member Nelson called for point of order and requested public comments be relevant to the request at hand. 

 

To this, Mr. Johnston advised that he supported the request as provided in the Council agenda packet. 

 

Motion:

Member Jordan moved to confirm the Mayor’s appointment of the Chairperson for the Titusville Community Service Award Select Committee being Els H. van Engelenberg and the clergy representative for the committee, being Dr. David Price of the Great Outdoors Community Church. Member Nelson seconded the motion and it carried unanimously. 


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

 

Stan Johnston distributed a map and discussed three circular areas shown on the map that, per Mr. Johnston, were culverts located near Interstate 95 and that allowed water to drain out to the St. Johns River. Per Mr. Johnston, water flow was restricted through the three culverts and they required cleaning and regular maintenance. Mr. Johnston further expressed his dissatisfaction with the City to act on cleaning the culverts and nearby canals as he had requested. 


CONSENT AGENDA

 

City Manager Larese advised that public speaking cards were submitted on Consent Agenda Items 8D and 8G. He then read Consent Agenda Items A, B, C, D, E, F, and G, as provided in the Council agenda packet and as followed:

 

  1. Enterprise Leasing Company of Orlando Preferred Agreement - Approve FY20 (October 1, 2019-September 30, 2020) Preferred Rate Agreement for Enterprise Leasing Company of Orlando at a monthly rate of $670.00 per vehicle for the Titusville Police Departments operations, not to exceed $40,200.00 for FY20.

 

  1. Purchase of Vehicles - Public Works - Approve award of bid 20-B-010 "Purchase of Various Trucks" to purchase the budgeted vehicle replacements Z02024, Z02039, Z02040, Z02041, Z02044 and Z02045 in the amount of $227,729; and approve replacement of defunct Facilities vehicle in the amount of $23,778 from Ron Norris Ford of Titusville, Florida in the total amount of $251,507 for the purchase of seven vehicles. Approve purchase of budgeted vehicle replacement Z02029 from Beck Auto Sales of Palatka, Florida in the amount of $54,448. Additionally, approve the associated budget amendments transferring additional funds to various capital outlay projects for this purchase, and approve the deferment of Capital Outlay Project Z02028 to provide necessary funding to Capital Outlay Project Z02047 for replacement of totaled vehicle. Deferred project will be addressed in future budget proposals.

 

  1. Arbor Day Proclamation 2020 - Approve of the Mayor's signing of the Arbor Day Proclamation 2020.

 

  1. Agreements for Investment Advisor and Financial Advisor - Approve the award of two agreements for (1) Investments Services with PFM Asset Management, LLC, and (2) Financial Advisory Services with PFM Financial Advisors, LLC piggybacking their respective agreements with Brevard County; and authorize the City Manager to execute both agreements.

 

  1. New Fleet Management Software - Approve the use of Sourcewell Contract (formerly NJPA) Contract #022217-CVS, subject to the resolution of the contract terms by the City Attorney and City Manager, to Chevin Fleet Solutions, LLC for a five-year term in the amount of $130,915 for the purchase and implementation of new Fleet Management Software and authorize the Mayor to execute the contract. Additionally, approve the associated budget amendment transferring funds to Capital Outlay Project Z02048 for this purchase.

 

  1. Interlocal Agreement Between Brevard County First Responder Agencies - Authorize the City Manager and Chief of Police to sign the Brevard County 911 Public Safety Answering Point (PSAP) Interlocal Agreement.

 

  1. Advisability - Height in Downtown Mixed Use (DMU) Uptown Sub-district - Approve advisability to amend the Code related to height in the DMU Uptown Sub-district.

Motion:

Member Jordan moved to approve Consent Agenda Items A, B, C, E, and F, as recommended. Vice-Mayor Diesel seconded the motion and it carried unanimously. 

 

Mayor Johnson next requested hearing from the persons that submitted public speaking cards on Consent Agenda Items 8D and 8G.

 

Consent Agenda Item 8D

Agreements for Investment Advisor and Financial Advisor - Approve the award of two agreements for (1) Investments Services with PFM Asset Management, LLC, and (2) Financial Advisory Services with PFM Financial Advisors, LLC piggybacking their respective agreements with Brevard County; and authorize the City Manager to execute both agreements.

 

Stan Johnston submitted a public speaking card. He expressed concern on comments that he believed were discussed at a Council meeting(s) in 2017 or 2018 about bankruptcy and long-term financial risks. 

 

Per Vice-Mayor Diesel’s request, Steven Alexander and another representative of PFM Asset Management reviewed the Vice-Mayor’s questions on investment procedures or controls and unfavorable issues associated with the most recent economic recession.

 

Consent Agenda Item 8G

Advisability - Height in Downtown Mixed Use (DMU) Uptown Sub-district - Approve advisability to amend the Code related to height in the DMU Uptown Sub-district.

 

Stan Johnston submitted a public speaking card. He opposed amending the Code to adjust height, due to he did not want the City to have buildings as tall as ones found in Miami, Florida. He was also concerned for supplying water to a larger population that may one day live-in high-rise buildings. 

 

Member Nelson and Vice-Mayor Diesel briefly discussed their position on the request and their desire to see more information presented on the subject matter, if advisability for staff to move forward was approved by the Council.  

 

Motion:

Member Jordan moved to approve Consent Agenda Items D and G, as recommended. Vice-Mayor Diesel seconded the motion and it carried unanimously. 


ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 1-2020 - Code Enforcement Procedures – City Attorney Broome read Ordinance No. 1-2020 - AN ORDIANCE OF THE CITY OF TITUSVILE, FLORIDA, REGARDING CODE ENFORCEMENT PROCEDURES; AMENDING CHAPTER 31, ARTICLE V “CODE ENFORCEMENT BOARD” BY ADDING NEW SECTIONS 31-66 “CODE REFERENCES TO SPECIAL MAGISTRATE OR CODE ENFORCEMENT BOARD” AND 31-69 “SPECIAL MAGISTRATE”; AND BY AMENDING AND RENUMBERING EXISTING SECTIONS 31-66 THROUGH 31-68 TO PROVIDE FOR A SPECIAL MAGISTRATE CODE ENFORCEMENT PROCESS; ADOPTING CONFORMING AMENDMENTS; 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, as provided in the Council agenda packet.

 

Mayor Johnson opened the public hearing.

 

Stan Johnston was opposed to having a special magistrate, for reasons he explained. 

 

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

 

Motion:

Member Nelson moved to approve Ordinance No. 1-2020, as recommended. Member Jordan 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. 

 

Motion:

Member Nelson moved to direct staff to start the process of hiring a magistrate and allow a member of the Code Enforcement Board to interview the applicants and provide their input. Vice-Mayor Diesel seconded the motion and it carried unanimously.


Ordinance No. 46-2019 Relating to Wetland Surveys – City Attorney Broome read Ordinance No. 46-2019 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 29 “SPECIAL DISTRICTS AND OVERLAYS” OF THE CODE OF ORDINANCES; SECTION 29-71 “INTENT” AND CHAPTER 34 “PROCEDURES”, SECTION 34-55 “MASTER PLAN SUBMITTAL” TO INCLUDE THE REQUIREMENT FOR A FORMAL WETLANDS DETERMINATION THAT IS VALID AT THE TIME OF SUBMITTAL TO THE CITY; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, for the second time by title only. 

 

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

 

The Planning and Zoning Commission (P&Z) reviewed this ordinance on November 20, 2019 and tabled it to their next meeting, in order to allow the Titusville Environmental Commission (TEC) to review the standards. The City Council had also tabled the item to allow for the TEC’s input prior to the P&Z recommendation, and scheduled the public hearing for the regular City Council meeting on January 28, 2020 at 6:30 p.m.

 

To this, the Titusville Environmental Commission (TEC) recommended approval of the ordinance, 7-0, at their regular meeting January 15, 2020. The Planning and Zoning Commission reviewed this ordinance on January 22, 2020 and recommended approval, 7-0, to which their motion was to approve with the recommendation that City Council consider amending the technical manual to include rezoning requests, planning development requests, and conditional use requests.

 

Vice-Mayor Diesel thanked staff for their hard work and following the Council’s directives, collaborating and working with the City’s boards to receive their input on wetlands, trees, etc.   

 

Mayor Johnson opened the public hearing.

 

Stan Johnston requested the City spend a $1,000 or more dollars to hire a professional engineer to dispute his findings on wetlands, dams that were not functioning properly, etc. He recommended these actions prior to the City Council acting on the proposed ordinance. 

 

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

 

Motion:

Member Nelson moved to approve Ordinance No. 46-2019, as recommended. Member Jordan 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. 


The following item was subject to quasi-judicial rules of procedure.

 

Conditional Use Permit (CUP) Application No. 7-2019 - Let's Roll Space Coast – Additional information was distributed to the Council. To this, City Manager Larese highlighted the request, as provided in the Council agenda packet. Staff recommended approval of CUP Application No. 7-2019 that proposed allowing an indoor recreation use at 3265 Garden Street, with conditions. Additionally, the Planning and Zoning Commission considered this request on January 22, 2020 and recommended approval with staff's recommendation, 7-0.

 

Community Development Director Peggy Busacca reviewed staff’s report and findings, as provided in the Council agenda packet. 

 

Mayor Johnson opened the public hearing.

 

Brantley Bostick, the applicant, was available to answer any questions. 

 

Vice-Mayor Diesel expressed enthusiasm for the project and benefit to the community. Member Jordan discussed the hours of operation and details related to the project and adjacent land uses with staff. Member Jordan also felt that longer hours of operation would be a benefit to the community. Staying open to midnight was acceptable to the applicant. If there was an issue, the hours of operation could be adjusted. Member Stoeckel also expressed her enthusiasm on the project.

 

With no additional persons that wished to speak, the public hearing was closed. 

 

Motion:

Member Jordan moved to approve Conditional Use Permit Application No. 7-2019, as recommended, with the following conditions: (1) Business hours shall be limited to the hours of 7:00 a.m. through 12:00 a.m. (midnight); (2) Sound amplification employed on the site shall be entirely contained within the unit proposed to be occupied. No electronic sound amplification, or vibrations associated with such amplification, shall be capable of being heard or felt by any surrounding business or residence; (3) The gross floor area of the indoor recreation and commercial amusement use and any ancillary activities shall not occupy an area greater than 30,207 square feet (gross floor area) of the shopping center; and (4) The conditional use permit shall not be construed to allow a club or lounge as an indoor recreational and commercial amusement use. Member Stoeckel seconded the motion and the motion carried unanimously. 


ORDINANCES-FIRST READING – None.


OLD BUSINESS – None.


NEW BUSINESS

Resolution No. 2-2020 Amending Development Review Procedures Technical Manual Relating to Wetland Surveys - Staff provided a revised resolution to Council prior to the meeting, due to there was a typo in the resolution number, which was corrected from Resolution No. 2-2019 to Resolution No. 2-2020. City Manager Larese then highlighted the request, as provided in the Council agenda packet. The request was to adopt Resolution No. 2-2020 amending the Technical Manuals and Specifications in support of the Land Development Regulations, by amending Development Review Procedures Manual relating to wetland surveys, by amending Section 4 Comprehensive plan amendment, Section 6 Master plans, Section 11 Sketch plat, Section 12 Preliminary plat, Section 14 Site plans and Section 16 Development agreements; and providing for an effective date.

 

Stan Johnston submitted a public speaking card. He did not agree with information concerning the flow of water and reviewed a prior issue concerning a structure at the Senior Center. He also discusses surveys showing ditches, lack of cleaning and maintenance of ditches, signed and sealed surveys, etc. 

Motion:

Member Jordan moved to approve Resolution No. 2-2020, as recommended. Vice-Mayor Diesel seconded the motion and the roll call was:

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously. 


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

 

Toni Shifalo felt that it was important to protect and promote Titusville’s trees and natural resources.  


MAYOR AND COUNCIL REPORTS

 

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


Council Reports – 

 

Vice-Mayor Diesel commented on attending several recent events on the Mayor’s behalf, including The Grove Church grand opening, the Martin Luther King, Jr. parade and honorary street renaming, the Astronaut Memorial Service, reading of the proclamation to honor the First Presbyterian Church and its closing, which had served the community for 133 years, etc. 


Member Nelson requested the article “A bicycle tour of solar energy” that was included in the Solar Today Magazine be made available in the City’s Talking Points Magazine.  This article was highlighted by Bill Young at the regular City Council meeting on January 14, 2020 at 6:30 p.m.   


CITY MANAGER’S REPORT

 

City Manager's Report - The City Manager's Report submitted his written report, which provided informational items only, as followed:

 

  • Fiscal Year 2021 Strategic Planning Community Conversation (meeting) on Saturday, February 22, 2020, 9:00 a.m. until noon at City Hall
  • Fiscal Year 2021 Strategic Planning Council/Staff meeting on Thursday, March 12, 2020, 5:00 p.m. until 7:00 p.m. at City Hall

CITY ATTORNEY’S REPORT – None. 


With no further business to discuss, the meeting adjourned at 8:42 p.m. 

 

 

 Walt Johnson, Mayor


 

ATTEST:

Wanda F. Wells, City Clerk