Regular City Council Meeting - January 14, 2020 at 6:30 PM

  1. Minutes

            City Council

   Regular Meeting

January 14, 2020

 

The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, January 14, 2020.


Mayor Walt Johnson called the meeting to order at 6:40 p.m. Present were Mayor Walt Johnson, Vice-Mayor Dan Diesel, and Council Members Robert Jordan, Jo Lynn Nelson, and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Debbie Denman completed the minutes.


City Clerk Wells read the procedure for public comment.


Pastor Jeremy Coppock of Faith Baptist Church was present and gave the invocation. Mayor Johnson then led those present in the Pledge of Allegiance to the Flag.


City Manager Larese requested to hear Agenda Item 12A – All Abilities Playground at Sandpoint Park after agenda item 4A – Minutes.

 

Motion:

Member Jordan moved to hear Agenda Item 12A – All Abilities Playground at Sandpoint Park after agenda item 4A – Minutes, as requested. Member Nelson seconded the motion. The motion carried unanimously.


MINUTES

Motion:

Member Nelson moved to approve the minutes of the regular City Council meetings on November 26, 2019 (6:30 p.m.) and December 10, 2019, as submitted. Member Jordan seconded the motion. The motion carried unanimously.                                  


Agenda Item 12A - All Abilities Playground at Sandpoint Park

This item was approved to be heard next in the agenda.

City Manager Larese advised that local residents who were partnering with a local non-profit organization Worthy Works, have been involved with Brevard County Parks and Recreation, Playgrounds by Leathers, and local social organizations in the planning to construct an All Abilities Playground at Sand Point Park.  An all-abilities playground was a space that provided inclusive play opportunities for children of all ages and abilities. These types of playgrounds were designed to promote the healthy development of all children's physical, social, cognitive, and sensory abilities. No funds were requested from the CRA or the City. The playground was proposed to be located either at or near the existing playground at Sand Point Park nearest the Washington Avenue driveway. Before proceeding further with the project, Council was asked to approve, in concept, the construction of the playground at Sand Point Park. Prior to construction, Council would be asked to consider agreements containing specific size, location, insurance, maintenance and other construction related issues.

Since Sand Point Park was located in the Community Redevelopment Agency (CRA) District, the CRA made a recommendation to City Council regarding the proposed location of the All Abilities Playground at Sand Point Park at its meeting prior to the City Council meeting.

 

The North Brevard Commission on Parks and Recreation heard the request at the Commission's January 9, 2020 meeting and unanimously forwarded it to the CRA.

 

Mr. Matthew Hudson and Ms. Ann Burton of Worthy Works, were on hand to provide a presentation to the City Council about this item.

Ms. Burton provided background history regarding the need for and developing an all-abilities playground and on Playgrounds by Leathers. She provided a presentation that included an explanation of the company, Playground by Leathers and how the process for creating an all-abilities playground worked.

 

Mr. Hudson explained what the project meant from a disabled child’s standpoint and asked that Council approve this proposal.

 

Trip Skinner commented on disabilities that limit mobility and on how limited mobility does not allow a child to have a playground experience. He expressed how much it meant to be able to have individuals with disabilities be able to have a playground experiences in their childhood.

 

Larry Donavan provided additional details about Leather Works. He stated that Gateway to Nature and Space would be a big part of the theme for the playground and that he felt the playground would become a future destination.

 

Mary Turesdall commented on an all-abilities playground, which would be for individuals with disabilities and the caregivers of individuals with disabilities. She commented on an all-abilities playground in Lakeland, Florida and all that it had to offer and stated how enjoyable and well utilized it was by children.

 

Stan Johnston advised that he was for the project and asked that the concept plan be reviewed by the City.

 

Bill Klein stated that he felt this was a wonderful project and advised how important it was for handicap children to be able to have fun and play like a normal child. He stated that if approved, he would like to volunteer to assist with the project.

 

Motion: 

Member Nelson moved to approve, in concept, a proposal for the construction of an All Abilities Playground at Sand Point Park at no cost to the City, as recommended. Member Stoeckel seconded the motion. The motion carried unanimously.


SPECIAL RECOGNITIONS & PRESENTATIONS

 

What Are PFASs? - Water Resource Director Sean Stauffer provided a PowerPoint presentation on PFASs describing what they are and why they were considered an emerging pollutant.

 

Stan Johnston commented on radiation doses and how chemicals effected individuals differently according to size. He stated that he felt that the United States Food and Drug Administration, etc. was not doing what they needed to be doing regarding toxicity levels.


BOARDS AND COMMISSIONS

 

North Brevard Economic Development Zone Dependent Special District Board – City Manager Larese advised that the term of Member George Mikitarian expired on December 31, 2019. This member was appointed by the Brevard Board of County Commissioners, subject to confirmation by City Council.  

 

On December 10, 2019 the Brevard County Board of County Commissioners reappointed Member George Mikitarian for a four-year term to expire on December 31, 2023. Staff requested that the Council confirm this appointment.

 

Motion:

Member Jordan moved to confirm the Brevard County Board of County Commissioner’s appointment of George Mikitarian for a four-year term to expire on December 31, 2023, as requested. Member Nelson seconded the motion. The motion carried unanimously.


Planning and Zoning Commission – City Manager Larese advised that there was one vacancy for an alternate member with a term to expire on January 31, 2022.

 

There were two applications on file for consideration. Ms. Susan Idtensohn and Mr. Stan Johnston expressed their willingness and desire to serve on this board as an alternate member for a term to expire on January 31, 2022. Their applications were included in the agenda package.

 

Susan Idtensohn thanked the Council for considering her for the Planning and Zoning Commission and stated that she was more than willing to serve as an alternate member on the Commission.

 

Stan Johnston stated that his application was submitted only for the Planning and Zoning Commission and provided his qualifications to serve on the Commission.

 

Motion:

Member Nelson moved to appoint Susan Idtensohn as an alternate member to the Planning and Zoning Commission with a term to expire on January 31, 2022. Member Jordan seconded the motion. The motion carried unanimously.


PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)

 

Stan Johnston commented on a letter he sent to Member Jordan on December 26, 2019 and stated that he had not received a response and that he followed up with another letter to City Council dated January 6, 2020 and also had received no response.


CONSENT AGENDA

Vice-Mayor Diesel requested to hear Consent Agenda Items 8C and 8G separately.

 

City Manager advised there were speaking cards for Consent Agenda Items A, B, E, F, G, and J.

 

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

 

  1. Budget Amendment – Observation Pier Connecting Space View Gemini Park to Space View Mercury/Veterans Park - Approve the Budget Amendment in the amount of $207,010.00 to create a fund for the construction of the proposed pier connecting Space View Gemini Park to Space View Mercury/Veterans Park, as recommended by the Community Redevelopment Agency (CRA).

  1. Annual Contract for the Removal of Lime Slurry from Mourning Dove Water Treatment Plant - Approve the award of an annual contract, subject to the resolution of the contract terms by the City Attorney and City Manager to KAG Specialty Product Group of Brooklyn Heights, Ohio in the amount of $72,250.00, for the first contract year, to remove and dispose of lime slurry with four (4) optional one-year renewals; and authorize the City Manager to execute the contract.

  1. Red, White, and Boom - 2020 Fireworks Vendor Contract - Award contract for July 4th Fireworks display to Starfire Corporation of St Benedict, PA in the amount of $22,000.00 and authorize staff to commence our annual fundraising drive to help offset event costs.

  1. Clean Vessel Act Grant; CVA19-967 - Accept the Clean Vessel Act grant agreement with the State of Florida Department of Environmental Protection in the amount of $21,744.64 for the purchase and installation of replacement Engines for the Pump-Out Vessel. Authorize the City Manager or his designee to execute the grant agreement. Additionally, approve the budget amendment recognizing the grant revenue of $21,744.64 and authorizing the required city match of $7,248.21.

  1. Award Contract to Slip Line Various Gravity Sewer Mains - Approve the award of an agreement with Granite Inliner (formerly Layne Inliner), LLC of Sanford, Florida pursuant to City of Orlando annual contract #IFB16-007 for slip lining of various gravity sewer mains throughout the City for an amount not to exceed $200,000.00 for FY 20 and authorize the Mayor to execute the contract.    

  1. Award of Contract - Annual Contract to Rehabilitate Stormwater Pipes with CIPP Liner - Approve the award of a contract, subject to the resolution of the contract terms by the City Attorney and City Manager to Hinterland Group, Inc. of Cocoa, Florida in the amount of $150,000.00 annually to furnish and install Cure In-Place Pipe (CIPP) Liner with a three (3) year initial term and two (2) optional one-year administrative renewals; and authorize the Mayor to execute the contract.

  1. Work Order for Engineering Services for Septic to Sewer Conversion and Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement, SOIRL 19-109 - Approve the award of Work Order #AECOMWR009 to AECOM Technical Services, Inc. of Orlando, FL in the amount of $170,291.00 to provide engineering consulting services for the preparation of preliminary design documents to connect multiple customers with septic tanks along the Indian River Lagoon to sewer. In addition, approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement, SOIRL 19-109 in the amount of $934,110.00 between Brevard County and the City of Titusville that provides the necessary funds for both the design and construction of this project, and authorize the Mayor to execute the interlocal agreement and execute assigned work order.

  1. New Payment Processing Software System - Approve the award of a contract, subject to the resolution of the contract terms by the City Attorney and City Manager, to Invoice Cloud, Inc. of Braintree, MA, for the provisioning of a new Payment Processing Software System and authorize the Mayor to sign and execute the contract and City Manager to execute optional renewal options.

  1. Florida Traffic Safety Grant Program - Approve and accept AAA Florida Traffic Safety Grant in the amount of $5,000.00."

  1. Purchase of Axon Body Cameras and Data Licenses - Approve the purchase of Axon body cameras and data licenses in the amount of $44,998.96 from Axon Enterprises, Inc.; and authorize the City Manager to issue the necessary purchase order.

  1. Resolution No. 1-2020 and Adoption Agreement for the City's 457 Deferred Compensation Plan - Approve Resolution No. 1-2020 and Adoption Agreement for the City's 457 Plan effective January 1, 2020 governing the offering of participant loans offered in the City's 457 Deferred Compensation Plan.

Motion:

Member Nelson moved to approve Consent Agenda Items D, H, I, and K, in accordance with recommendations. Member Jordan seconded the motion.

 

The roll call was:

Member Jordan                       Yes
Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

Consent Agenda Item 8A - Budget Amendment – Observation Pier Connecting Space View Gemini Park to Space View Mercury/Veterans Park

Stan Johnston commented on a sidewalk on the causeway that was destroyed.  He stated that he felt there was not a proper seawall there to protect it and if one was designed in the future, it should be designed by a contractor rather than an engineer.

Consent Agenda Item 8B - Annual Contract for the Removal of Lime Slurry from Mourning Dove Water Treatment Plant

Stan Johnston stated that he was neither for nor against this item, but had concern with the proper storage of the lime slurry.

Consent Agenda Item 8E - Award Contract to Slip Line Various Gravity Sewer Mains

Stan Johnston stated that he was concerned with slip lining failure when the water table was raised and requested that this item be tabled.  

Consent Agenda Item 8F - Award of Contract - Annual Contract to Rehabilitate Stormwater Pipes with CIPP Liner

Stan Johnston chose not to speak.

 

Consent Agenda Item 8G - Work Order for Engineering Services for Septic to Sewer Conversion and Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement, SOIRL 19-109

Stan Johnston stated that he felt $934,110.00 was a lot of money to spend for 17 homes and asked that this item be tabled.

Consent Agenda Item 8J - Purchase of Axon Body Cameras and Data Licenses

Stan Johnston stated that body cameras were a good thing to have, but asked if there was some way they could not be turned off. He felt they should be on and operational and asked that a condition of approval be, that they were set so they could not be turned off.

 

Consent Agenda Item 8C - Red, White, and Boom - 2020 Fireworks Vendor Contract

Vice-Mayor Diesel stated that he felt this was a big event in the City and that he would like to see some of the Civic Clubs get together and help support it financially.

 

Mayor Johnson asked that City Manager Larese provide any ideas for assistance that he might have to assist with funding for the Red, White, and Boom Fireworks, at a future time.

Consent Agenda Item 8G - Work Order for Engineering Services for Septic to Sewer Conversion and Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement, SOIRL 19-109

Vice-Mayor Diesel stated that he felt septic to sewer was very important regarding the Indian River Lagoon.

 

Water Resource Director Stauffer advised that this item was termed as cost-share funding, but was actually a grant. That meant the $934,110.00 was reimbursable funds that the City could claim as the 17 septic tanks located right on the Indian River Lagoon, were moved over to sewer.

Motion:

Member Jordan moved to approve Consent Agenda Items A, through C, E through G, and J, in accordance with recommendations. Member Nelson seconded the motion.

 

The roll call was:                                

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.


ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION - None 


ORDINANCES-FIRST READING

 

Ordinance No. 1-2020 – Code Enforcement Procedures

 

City Attorney Broome read ORDINANCE NO 1-2020, AN ORDINANCE OF THE CITY OF TITUSVILLE, 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, the first time by title only.

 

The public hearing was scheduled for the regular City Council meeting on January 28, 2020 at 6:30 p.m.

 

Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. 


OLD BUSINESS – None.


NEW BUSINESS

 

All Abilities Playground at Sandpoint Park – This item was heard previously in the meeting.


Titusville Environmental Commission Role in Development Review – City Manager Larese advised that on October 22, 2019, a member of the Titusville Environmental Commission (TEC) requested that the TEC become more involved in the development review process. On November 12, 2019, Council discussed this request and directed staff to provide recommendations to Council at a future meeting. On November 13, 2019 the TEC discussed this issue and recommended (7:0) that the TEC parallel the Planning and Zoning Commission (P&Z) with regards to reviewing development projects.   A copy of the draft minutes were included in the agenda package.

 

In addition to the TEC recommendation, staff developed several other options (included in the agenda package).  During deliberations, Council might want to be mindful of HB7103, signed into law on June 28, 2019. Among other provisions, the law required that within 120 days from an application being deemed complete if not quasi-judicial, or 180 days if quasi-judicial, the local government must approve, approve with conditions or deny application. Those time frames might be extended by reasonable request of both applicant and government, particularly in the event of extraordinary circumstances such as natural disasters.

 

Council might also wish to consider that both TEC and P&Z would utilize the same review criteria which might result in the two boards competing for influence or providing differing recommendations on the same project.  One way to address that issue might be to "assign" specific areas of review in order to lessen the potential for conflict.  In the event, Council wished to change the role of the P&Z, staff recommended seeking their input - much as TEC was asked about their recommended role in the development process.

 

Staff asked that Council provide direction regarding the Titusville Environmental Commission's role in the development review process.

 

Community Development Director Peggy Busacca highlighted the TEC and P&Z responsibilities included in the agenda package that included the Areas of Responsibility – Goals and Objectives, Waterfront Issues, Subdivisions, and Tree Board.

 

Member Nelson advised that she felt development should track through both the TEC and P&Z.

 

Community Development Director Busacca stated that if Council desired to do that, it would be helpful if Council advised of any limitations or if all development should go through TEC and P&Z regardless of its impact to the environment.

 

Discussion ensued that included what impact to the environment meant. Member Jordan asked that Council be careful with adding another layer of bureaucracy to a City process.  

 

Member Stoeckel recommended to try (1) the dual member role that allowed that person to send an item from the P&Z back to the TEC, if necessary and (2) allow Council to request an item coming before them, to go before TEC if they felt it necessary. She recommended trying those routes before potentially investing a lot of resources for something that may not need to be done at that time.

 

Kay St. Onge felt that Council needed to do everything they could to restore the Indian River Lagoon, preserve the forest, and to make Titusville a Destination.

 

Motion:

A motion was made to allow Kay St. Onge an additional minute to speak.  Member Nelson seconded the motion. The motion carried unanimously.

 

Ms. St. Onge encouraged Titusville to expand their tree canopy regulations starting by amending Section 30-324 of the City’s Code that currently allowed developers to remove all but 10% of vegetation and advised that would involve the role of the TEC.

 

Bryan Bobbitt advised that he was the dual membership for P&Z and TEC and stated that he felt dual membership was working. He advised that if Council wished to move forward with dual membership, guidance from Council was needed to perfect a way to move items forward more efficiently.

 

Marlys Breckle stated that she felt that Council should allow advisory boards to look at all issues and to be allowed to meet as many times as necessary.

 

Bill Klein stated that he felt that the TEC needed to be able to address what was going on with development and provide their advice to properly protect the environment.

 

Paul Schlueb stated that he felt that being able to figure out when the TEC input was necessary should be easy. As an example, when endangered species or threated species were involved, water resources, etc. He felt that Council should look at the TEC as being very necessary in helping to protect the environment.

 

Stan Johnston stated that he appreciated all the comments and that he felt there was a need to utilize the TEC for their expertise and their questions.

 

William Young commented on an article in Solar Today Magazine about the history of solar. He stated that he felt decisions regarding the environment should not be made by individuals that did not have an environmental degree and that items that had anything to do with or affecting the environment should go before the TEC.

 

Member Nelson advised that the article in Solar Today Magazine was very informative and that she would like to provide a copy to the Council and City Manager.

 

Kathleen Perez stated that she appreciated the people that wanted to ensure that the environment was protected now and, in the future, and that it should be a priority. She advised that development was great, but the people that live in Titusville should also have a say when preserving the environment.

 

Michael Myjak expressed concern that City Staff did not provide the TEC with the items that needed attention from the TEC and that in many cases the TEC did not find out about those items until after they were reviewed and passed by the City Council. He felt if there was more work than the TEC could accomplish with one meeting a month, then there should be two meetings a month. He stated that there was talent on the TEC that was underutilized.

 

Community Development Director Busacca stated that policy and regulation development was a better focus for the TEC.

 

Discussion included providing the staff’s priorities, Titusville Environment Commission’s priorities, Titusville Environmental Commission’s checklist (what items the Titusville Environmental Commission wanted to review), and to consider scheduling a workshop, if needed.

 

Based on Council’s discussion, staff would bring back recommendations to Council.  


PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM)

 

Michael Myjak advised that Florida Bicycling Association would have a conference in Titusville in two months in celebration of three main bike trails and there would have a Ride It Down #2 event. He recommended creating a beach as a Destination along 405 and US 1, near Antiqua Bay, along the Indian River Lagoon.


MAYOR AND COUNCIL REPORT

 

Mayor’s Report

Mayor Johnson submitted a written report. 

 

Mayor Johnson advised that there was one correction to his report, that he did not attend the January 7, 2020 Special Council Meeting – Requests for Proposals – Community Development Block Grant (CDBG) Funds, as it was rescheduled.


Council’s Reports

 

Member Stoeckel requested Council’s approval for funding to attend two Florida League of Cities Events – Legislative Action Days in February 2020 and the Annual Conference in August 2020 and the Annual Conference in August 2020.

 

Motion:

Member Jordan moved to approve travel and funding for Member Stoeckel to attend two Florida League of Cities Events – Legislative Action Days in February 2020 and the Annual Conference in August 2020, as requested. Member Nelson seconded the motion. The motion carried unanimously. 


Vice-Mayor Diesel advised that on Saturday, January 18, 2020, the Grove Church event would be held at 6:00 p.m., not 4:00 p.m.


Member Nelson advised that the Open House at the Carter House was well attended. She congratulated Member Stoeckel on having her own billboard recognizing her as one of the 12 finalists for 4 Under 40 Awards.


Member Jordan advised that the Martin Luther King parade would be Monday, January 20, 2020 at 11:00 a.m.


CITY MANAGER’S REPORT

City Manager Larese advised that Council would need to approve letters approved by the Community Redevelopment Agency for recommendation to Council for the Mayor’s signature.

 

Motion:

Member Jordan moved to authorize the Mayor’s signature to five letters endorsing the Brevard County Commission measure to remove and replace all of the Rectangular Rapid Flashing Beacon crosswalks.  In addition, the letters requested that Rectangular Rapid Flashing Beacon crosswalk located at the intersection of US 1 North and Julia Street in Titusville be removed and replaced with the High Intensity Activated crosswalk (HAWK) beacon system most expeditiously.  Member Stoeckel seconded the motion. The motion carried unanimously. 

 

The five letters will be mailed to the following individuals:  Florida Department of Transportation District Five, Interim Secretary Jared Perdue; Space Coast Transportation Planning Organization, Georganna Gillette, Executive Director; Senator Tom Wright; Representative Rene Plasencia, Brevard County Government Central North; and Commissioner Rita Pritchett, Brevard County District One.


City Manager Larese submitted a written report that included the following information:


Action Items - None


Informational Items

 

  • Florida Section of the American Water Works Association (FSAWWA) Water Conservation Awards of Excellence
  • Titusville named Tree City USA
  • Tree Protection Ordinance Update

Special Meetings and Events

 

  • Community Development Block Grant (CDBG) Special Meeting, January 21, 2020, 5:00 p.m. @ City Hall
  • FY 21 Strategic Planning Community Conversation, February 22, 2020, 9:00 a.m. – 12:00 p.m. @ City Hall
  • FY 21 Strategic Planning Council/Staff Meeting, March 12, 2020, 5:00 p.m. – 7:00 p.m. @ City Hall

CITY ATTORNEY’S REPORT - None


With no further business, the meeting adjourned at 10:12 p.m.


Walt Johnson, Mayor             

 

ATTEST:

Wanda F. Wells, City Clerk