Regular City Council - October 27, 2020 6:30 PM

  1. Minutes

City Council

Regular Meeting

October 27, 2020

 

The City of Titusville City Council met in regular session on Tuesday, October 27, 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 JoLynn Nelson and Robert Jordan, City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff, who completed the minutes of the meeting. 

 

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. 

 

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

 

Assistant City Clerk Donhoff 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.

 

A copy of an electronic mail (e-mail) containing input or requests from a citizen on the meeting’s agenda items were distributed to the Council. 

 

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APPROVAL OF MINUTES – None. 

 

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Motion

Member Nelson moved to modify the Council meeting agenda and move Item No. 9 B - Conditional Use Permit (CUP) No. 2-2020 Indoor Gun Range, 2300 South Washington Avenue as the next immediate item to be considered on the Council’s agenda. 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.

 

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Agenda Item No. 9 B as scheduled under Section 9. - ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

 

City Attorney Broome read and reviewed the quasi-judicial rules and procedures. 

 

Conditional Use Permit (CUP) No. 2-2020 Indoor Gun Range, 2300 South Washington Avenue – Mr. Shawn Williams, on behalf of the applicant Justin Gaudi, distributed information to the Council at the beginning of the meeting, which was also emailed (distributed) to Council Member Stoeckel, who participated via telephone. 

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve Conditional Use Permit (CUP) Application No. 2-2020, with conditions that would allow an indoor gun range at 2300 South Washington Avenue. He also advised that on October 21, 2020, the Planning and Zoning Commission considered this item and recommended approval subject to staff's recommendations and an additional two conditions: (1) Require that the ammunition used at the range be only frangible ammunition and (2) The requirement that all minors between the age of 12-17 be accompanied by a guardian, 5-2. The reasons for the two oppositions: (1) one member stated that the use was not compliant with the surrounding community and was too close to a public school and (2) one member stated their opposition was regarding compliance with criteria 3, 10, and 11 of the conditional use permit criteria.

 

Community Development Director Peggy Busacca briefly reviewed the staff report provided in the agenda packet. Council discussion ensued with staff on the following:

 

  • A separate and prior conditional use permit for an indoor gun range in 2016 and the degree of the City’s involvement or what might be the City’s typical involvement
  • Florida Statutes or laws that pertaining to aspects of the request and the City’s requirements 
  • Ammunition (ammo)
  • The Planning and Zoning Commission’s recommendations and intentions
  • Another gun range in the City that allegedly allowed youth to participate on Saturday and Sunday mornings
  • Being careful not to interfere in business operations
  • Concern for noise level 
  • Zoning categories and noise decibel rules 
  • Occupational Safety and Health Administration (OSHA) rules on noise decibel limits  

 

Mayor Johnson opened the public hearing.

 

Shawn Williams, on behalf of the application, reviewed a lengthy amount of information with the Council, such as his prior involvement with the City’s Planning and Zoning Commission,  prior proposed gun ranges and conditions of approval or denial, the information that he distributed earlier in the meeting to Council, sound decibels, the applicant meeting all state, federal, and local requirements, being good neighbors with the nearby property owners, providing notice to the neighbors on the proposal, citizens’ constitutional rights, the importance of gun owners becoming more responsible, the applicant being agreeable with some or all of the recommended conditions of approval, etc. 

 

Mr. Williams then reviewed a prepared statement that addressed nine issues or information points:

 

  1. Industry standards
  2. HVAC system 
  3. Frangible ammunition, which he advised helped to avoid significant liability and concerns for public health, which he explained was due to lead in conventional ammo
  4. Safety training would be offered before patrons could shoot. No outside ammo. Constant surveillance, handicapped accessible, persons under 21 and minors, the applicant would be limiting the caliber of weapon that could be used
  5. Inspections. Also, local police, sheriff, and law enforcement indicated they would visit or use the facility
  6. Have reduced business hours to be a good neighbor
  7. Proximity to a high school, but the current business already sold ammo, etc. No high school children would be allowed unless they are with their parent or guardian. Some high schools in the U.S. offered shooting classes. Do not shun this aspect. 
  8. The proposed site was one mile down from another or similar gun range. To this, he reviewed the surrounding businesses near the subject site, including two houses to the west
  9. Expanded gun ownership for the trained and untrained. Patrons could not be mentally impaired or a convicted felon. This was a recreational opportunity for the community.

 

Justin Gaudi, the applicant and business owner, was available to answer any questions.

 

Additional Council discussion ensued with staff and the applicant and his representative (Mr. Williams) on the following:

 

  • Persons between 18-21 years of age may not be accompanied by a legal guardian, but someone over 21-years, due to the legal age of an adult was 18 years old
  • Selling ammunition (ammo) or bullets as a revenue generator
  • How the business would determine the kind of bullets someone might want to bring to the business and a patron check-in procedure was planned for every guest 
  • Not all ammo sold by the business was allowed or would be allowed to be used at the proposed indoor gun range
  • The applicant’s opinion that conventional lead ammo would become a thing of the past and the type of ammo that would be allowed at the indoor gun range (frangible) would become the new norm
  • Sound abatement, shooting clap (noise impact), required ear protection 
  • One Council member’s feeling that the applicant would address problems if they arose

 

Herbert Brinson requested Council’s approval of Conditional Use Permit Application No. 2-2020, for reasons he provided. He was impressed by the applicant’s efforts and current business, as well as he felt it would be good for Titusville. Mr. Brinson also did not feel a high school in proximity to the proposed indoor gun range would be a problem.

 

Stan Johnston was neutral on the request. He advised that when he was young, he attended camp in West Virginia that taught the youth responsibility on guns and it was normal. Mr. Johnston felt that it was important to train people on gun safety. It was also a constitutional freedom that should not be infringed upon and it was worthwhile to discuss. 

 

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

 

Motion:

Member Nelson moved to approve Conditional Use Permit (CUP) Application No. 2-2020 Indoor Gun Range, 2300 South Washington Avenue, as recommended and with the conditions recommended by City staff and the Planning and Zoning Commission, as followed:  

 

  1. The sound decibel shall not exceed the permitted sound level limit described in section 13-102 of the Land Development Code;
  2. The applicant shall use one or a combination of industry design standards from the National Rifle Association (NRA) publication titled “The NRA Range Sourcebook”, the U.S. General Services Administration (GSA) “Indoor Firing Range Design, Operations and Maintenance Criteria”, or the U.S. Department of Energy (DOE) “Range Design Criteria” in planning and construction the indoor shooting range;
  3. Gun range hours of operation: Monday–Saturday 9:00 a.m.–7:00 p.m., Sundays from 12:00 p.m.–5:00 p.m.;
  4. Require that the ammunition used at the range be only frangible ammunition; and
  5. The requirement that all minors between the age of 12-17 be accompanied by a guardian.

 

Vice-Mayor Diesel seconded the motion. Member Jordan posed a question whether placing a condition on the age of the business’s patrons was setting a precedent. Community Development Director Busacca indicated that precedents were determined by the City Council on a case by case basis. 

 

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.

 

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At 7:24 p.m., Mayor Johnson called for a 2-minute recess. He called the meeting back to order at 7:27 p.m. 


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SPECIAL RECOGNITIONS & PRESENTATIONS

 

Letters of Appreciation – City Manager Larese read the names of the employees that recently received letters of appreciation.

 

COMMUNITY DEVELOPMENT

Steve Adams               Building Official

Kristen Asbury*          Administrative Assistant

David Benninghoff     Building Inspector

Darsi Floss                  Development Specialist

Joseph Gibbons           Development Services Inspector

Tish Hood                   Development Specialist

Abell Martin               Plans Manager

Samantha Osorio         Senior Development Specialist

Gary Stepalavich         Building Inspector

 

FIRE DEPARTMENT

Bobby Crocker            Firefighter/Lieutenant/Paramedic

Joshua Farner              Firefighter/EMT

Shaun Fisher               Driver/Operator/Paramedic

Tim Hammond           Firefighter/Paramedic

Tyler Walker               Firefighter/EMT

 

WATER RESOURCES

Mario Grant                Wastewater Collections Foreman

Thomas Perez             Acting Water Distribution Foreman

Davantie Skeete          Meter Technician

 

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BOARDS AND COMMISSIONS

 

Municipal Code Enforcement Board – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to reappoint two (2) regular members to the Municipal Code Enforcement Board with terms to expire on October 31, 2023. The terms of Regular Members Patricia Bell (Open Classification), Jean Caramanna-Collins (Open Classification), Norman Herman (Engineer), and Alternate Member William Killpartrick (Open Classification) would expire on October 31, 2020. 

 

Regular Members Patricia Bell and Jean Caramanna-Collins indicated their desire to be reappointed to the Board. Regular Member Norman Herman, however, did not wish to be considered for reappointment. Additionally, prior to the meeting, Alternate Member William Killpartrick advised that he no longer wished to be considered as a regular or an alternate member. There were no other applications on file. 

 

Stan Johnston submitted a public speaking card. He referenced Consent Agenda Item No. 8 A – Code Enforcement Special Magistrate. He supported the request and desired the City to continue appointing citizens to serve on the Code Enforcement Board, as well as not using a special magistrate for reasons he explained. 

 

Motion:

Member Nelson moved to reappoint Patricia Bell and Jean Caramanna-Collins as regular members on the Municipal Code Enforcement Board, with terms to expire on October 31, 2023. 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.

 

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Historic Preservation Board - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to reappoint three (3) regular members to the Historic Preservation Board with terms to expire on October 31, 2022. The terms of Regular Members Dennis Jonas, James Green, Deborah Petyk, and Alternate Member Janina Shoemaker would expire on October 31, 2020. Each indicated their desire to be reappointed to the board, with the exception of Ms. Shoemaker that did not wish to be considered for reappointment. There were no other applications on file. 

 

 

 

Motion:

Member Jordan moved to reappoint Dennis Jonas, James Green, and Deborah Petyk as regular members on the Historic Preservation Board, with terms to expire on October 31, 2022. 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.

 

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Titusville Housing Authority - The Titusville Housing Authority's written Semi-Annual Report was included in the Council’s agenda packet. No formal action was required.


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2020/2021 Student Advisory Council Membership Appointment – The request was to confirm Ms. Hannah Udo as a member of the 2020/2021 Student Advisory Council and 9th grade representative of Astronaut High School, as nominated by her school.


Motion:

Member Nelson moved to confirm Hannah Udo as a member of the 2020/2021 Student Advisory Council, as requested. 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.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – Assistant City Clerk Donhoff advised that an email from Stan Johnston was distributed to the Council prior to the Council meeting. 

 

Stan Johnston expressed concern on floodways, unethical behavior, dislike of City officials, personal feelings that Geosyntec would agree with him, etc. 

 

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Chris Childs requested whether any procedures were available to assist a citizen with safety and other concerns about dogs living at a home that he reported was in serious disrepair. He understood that animal issues were within Brevard County’s jurisdiction. 

 

Brief Council discussion ensued. It was indicated that Mr. Childs could contact the City’s Code Enforcement Division. There may be a complaint or other procedure available to assist the citizen with aspects of their concerns on the dogs. 

 

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CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A, B, C, D, E, F, G, H, I, J, K, L, M, and N, as followed:

 

A. Code Enforcement Special Magistrate - Approve the recommendation for awarding the selection of RFQ# 20-Q-036 Special Magistrate – Code Enforcement to Garganese, Weiss, D'Agresta & Salzman, P.A. Direct staff to negotiate contract for a three (3) year term with option for two (2) one-year renewals for the estimated annual amount of $18,000 and prepare a resolution for Council approval and acceptance. Authorize the Mayor to execute the agreement subject to the approval of final contract terms by the City Attorney.

B. City Hall Elevator Improvements - Approve the use of the Sourcewell cooperative purchasing contract to complete improvements to the City Hall elevator in the amount of $56,112 to Schindler Elevator Corporation of Orlando, Florida and authorize the Mayor to execute the proposal upon review and approval of written documents by the City Attorney and staff, necessary to complete work.

 

C. Accept FY2021 Victim of Crime Act (VOCA) Grant Award - Accept the FY2021 VOCA Grant in the amount of $52,879.00 to fund the FY2021 Victim/Family Advocate position and approve the budget amendment upon receipt of the funds.

 

D. Purchase of Police Vehicles FY21 – Approve the use of Sourcewell (formerly NJPA) Contract #2020-120716 NAF for the purchase of twelve (12) vehicles from Alan Jay Fleet Sales, and authorize staff to initiate necessary instruments to secure purchase.

E. Purchase of Fire Department Staff Vehicles - Authorize purchase of (1) 2021 Ford F250 Crew Cab 4X4 Pick Up, and (1) 2021 Dodge Durango SUV to include associated emergency lighting and siren packages and associated equipment from Alan Jay Fleet Sales for a total amount not to exceed $88,889.50.

 

F. Collective Bargaining Agreement between the Laborer's International Union of North America Local 630 and the City of Titusville - Approve the Wage Reopener in accordance with Article 32 - Duration, of the Collective Bargaining Agreement between the Laborer's International Union of North America Local 630 and the City of Titusville.

 

G. Purchase of Fire Engine and Associated Tools and Equipment - Approve purchase of a new 2021 Pierce custom pumper fire engine from Ten-8 Fire Equipment Inc. including chassis and all associated tools and equipment for a total purchase price not to exceed $614,125.85, and approve purchase of all associated extrication equipment from Municipal Emergency Services (MES) for a total price not to exceed $40,516.00. Total project cost not to exceed $660,000. Additionally, authorize the Mayor to execute agreements and approval of City staff to issue resulting purchase orders.

 

H. Titusville Police Department (TPD) Evidence Lockers - Approve purchase of evidence lockers from Sole Source vendor Patterson-Pope for the quoted amount of $28,872.00.

 

I. FY21 TPD Mobile Radio Purchase - Approve the purchase of Mobile Radios not to exceed $81,872.00 from Communications International utilizing State of Florida Contract #43190000-18-NASPO-ACS-1, Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters. Approve issuance of associated purchase order(s).

 

J. Purchase of Pac Set (Portable) Radios - FY21 - Approve purchase of Pac Set (Portable) Radios not to exceed $44,100.00 from Communications International per State of Florida Contract #43190000-18-NASPO-ACS-1, Public Safety Communication Equipment Phase 1 – Radios Consoles, Antennas, and Repeaters, effective until 06/30/2021 and authorize issuance of purchase order(s). Authorize the City Manager to execute any necessary agreements.

 

K. Purchase of Vehicles - Public Works - Approve the use of Florida Sheriffs Association Cooperative Purchasing Program to purchase the budgeted vehicle replacements Z02127, Z02128, and Z02129 to Nextran Truck Center Orlando, Florida in the total amount of $731,447.04 for the purchase of three vehicles. Additionally, approve the associated budget amendment transferring funds to capital outlay project Z02129 for this purchase.

 

L. Purchase of Tractor - Public Works - Approve the use of Sourcewell Cooperative Purchasing Program to purchase a tractor and mowing deck from Florida Coast Equipment, Inc of Mims, Florida in the total amount of $37,879.66.

 

M. Impact Fee Disbursement Agreement - Approve the impact fee disbursement agreement in the amount of $1,272,803 from the North Mainland TIFT fund. Additionally, approve associated budget amendment allocating these funds to projects and utilizing existing transportation impact fee in the amount of $402,447 held within City funds.

 

N. Acceptance of Easement - River Palms - Accept Drainage and Maintenance Easement from River Palms Riverfront Development, LLC.

            

Stan Johnston submitted public speaking cards on Consent Agenda Items A, B, E, F, G, H, K, and M. He began his comments on Item 8A and felt having a special magistrate was giving one person too much power over others. Mr. Johnston then held up personal signage indicating fraud, to which he discussed his opinions on an alleged report that cost $70,000, etc. He also indicated there were two Council members that may have and at one time signed a petition regarding cleaning floodways. Mr. Johnston advised that he was concerned for where water went or flowed. 

 

Redirecting his comments back to the Consent Agenda items, Mr. Johnston advised that he objected to Item 8 G and others, for reasons he explained. He also opposed Item 8 M or the impact fee disbursement agreement, due to it discussed collector roads and he felt they were not collector roads (which he named aloud). He also felt the scope of work proposed in Item 8 M could be completed at a lower cost, which he felt was important due to concerns he had on any unfunded, future, liability costs associated with Other Post-Employment Benefits (OPEB). To this, he felt the City did not have a balanced budget and to which he commented off-topic about his opinions about others.  

 

Motion:

Member Jordan moved to approve Consent Agenda Items A, B, C, D, E, F, G, H, I, J, K, L, M, and N, in accordance with recommendations. 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.


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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Right-of-Way Vacate - ROW No. 2-2020 Hope Hammock – City Manager Larese highlighted the request provided in the agenda packet. The request was to approve Resolution No. 32-2020 approving Right-of-Way (ROW) Application No. 2-2020 and vacating a right of way located adjacent to property on South Brown Avenue. The request also included approving Resolution No. 33-2020 that served to rescind Resolution No. 27-2020 related to previous ROW vacate request.

 

On October 21, 2020, the Planning and Zoning Commission reviewed this request and recommended approval, 7-0.

            

Mayor Johnson opened the public hearing. The applicant was available for questions (indicated from his seat). As no one wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Nelson moved to approve Resolution No. 32-2020 and Right-of-Way (ROW) Application No. 2-2020 and vacating a right of way located adjacent to property on South Brown Avenue, as recommended. The request also included approving Resolution No. 33-2020 that served to rescind Resolution No. 27-2020 related to previous ROW vacate request, 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.


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Conditional Use Permit (CUP) Application No. 2-2020 Indoor Gun Range, 2300 South Washington Avenue – Council considered and voted on the request earlier in the meeting. 

 

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ORDINANCES-FIRST READING

 

City Attorney Broome individually read the following ordinances for the first time, by title only, as followed:

 

Ordinance No. 19-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO REPLACE OBSOLETE REFERENCES OF TERMS AND CODE PROVISIONS TO INSURE INTERNAL CONSISTENCY BY AMENDING CHAPTER 5 “ANIMALS”, SPECIFICALLY AMENDING SECTION 5-105 “REVOCATION OF PERMIT”; CHAPTER 12 “MISCELLANEOUS OFFENSES”, SPECIFICALLY AMENDING SECTION 12-13 “RESTRICTIONS ON PARKING RECREATIONAL VEHICLES AND OTHER VEHICLES ON PUBLIC LANDS AT CERTAIN TIMES”; CHAPTER 17 “STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES”, SPECIFICALLY AMENDING SECTIONS 17-1 “ENCROACHMENT ON PUBLIC RIGHTS-OF-WAY”, 17-33 “VACATING AND ABANDONING STREETS AND ALLEYS” AND 17-86 “UNDERGROUND INSTALLATION; RELOCATION”; CHAPTER 21 “UTILITIES”, SPECIFICALLY SECTIONS 21-1 “LOTS SERVED BY GOVERNMENTALLY OWNED WATER/SEWER/RECLAIMED WATER LINES”, 21-26 “UNAUTHORIZED USE OF CITY WATER; INJURING WATERWORKS PROPERTIES AND FACILITIES” AND 21-66 “ENFORCEMENT AND PENALTIES”; CHAPTER 28 “ZONING”, SPECIFICALLY SECTIONS 28-16 “PREEXISTING CONDITIONS” AND 28-44 “SUB-DISTRICTS DESCRIBED”; CHAPTER 29 “SPECIAL DISTRICTS AND OVERLAYS”, SPECIFICALLY SECTION 29-141 “COMMERCIALLY ZONED DISTRICTS LOCATED IN LOW INTENSITY COMMERCIAL LAND USE CATEGORIES” AND CHAPTER 30 “DEVELOPMENT STANDARDS”, SPECIFICALLY SECTIONS   30-382 (C) “DESIGN”, AND 34-393 (B) “APPLICABILITY OF ORDINANCE AND RESOLUTIONS OF CITY TO DEVELOPMENT”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE.

 

Ordinance No. 20-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO REMOVE REFERENCES TO OBSOLETE ZONING DISTRICTS COMMERCIAL MARINA (CM) AND CENTRAL BUSINESS DISTRICT (CBD) BY AMENDING CHAPTER 11 “LICENSES AND BUSINESS REGULATIONS”, SPECIFICALLY AMENDING SECTIONS 11-332 “MOBILE VENDORS”, 11-340 “SPECIAL EVENTS VENDOR”, 11-341 “SEASONAL SALES VENDOR” AND 11-516 “TEMPORARY AUTO SALES AND SHOWS”, AMENDING CHAPTER 27 “GENERAL PROVISIONS”, SPECIFICALLY AMENDING SECTION 27-30 “ADDITIONAL REQUIREMENTS FOR ZONING DISTRICTS CONSISTENT WITH DOWNTOWN MIXED-USE LAND USE”, AMENDING CHAPTER 37 “DEFINITIONS”, SPECIFICALLY AMENDING SECTION 37-1 “DEFINITIONS” BY CLARIFYING THE PERMISSIBLE ZONING DISTRICTS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE. 

 

Ordinance No. 21-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING THE APPLICATION CLASSIFICATIONS FOR SITE PLANS, BY AMENDING CHAPTER 34, “PROCEDURES”, SPECIFICALLY AMENDING SECTION 34-214 “APPLICATION CLASSIFICATIONS AND REVIEW SCHEDULES”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE. 

 

Ordinance No. 22-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES TO CORRECT INTERNAL INCONSISTENCIES AND ELIMINATE THE MINIMUM FIVE (5) ACRE LOT SIZE FOR TOWNHOMES IN MULTI-FAMILY ZONING DISTRICTS BY AMENDING CHAPTER 28 “ZONING”; SECTION 28-81 “TOWNHOMES”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE.

 

City Manager Larese briefly highlighted information on each of the aforementioned and individual ordinances, as provided in the Council agenda packet. This included the Planning and Zoning Commission’s recommendations on each individual ordinance. The public hearings for Ordinance Nos. 19-2020, 20-2020, 21-2020, and 22-2020 were scheduled for the regular City Council meeting on November 10, 2020 at 6:30 p.m. 

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS – None. 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None. 


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City Manager Larese sought direction from Council on the matter of the Florida’s Governor not extending a particular emergency order beyond November 1, 2020. The said emergency order, since April 2020, allowed boards and commissions to utilize communication media technology (CMT) during the Coronavirus pandemic, for the purpose of boards meeting their quorum requirements, versus having a physical quorum present---the normal and legal requirement per Florida Statutes.  

 

Council discussion ensued. Member Nelson indicated her desire to assist board members that may have extenuating circumstances and that could not physically be present at board meetings, for reasons like having surgery or caring for a sick family member. She desired board members dealing with these types of scenarios be able to participate via telephone. 

 

Member Jordan and City Attorney Broome discussed Member Jordan’s questions about boards that utilized alternate members. City Attorney Broome added that quasi-judicial public hearing items required sensitive or careful handling, due to board members that participated via telephone needed the same access to all information that might be distributed to the other board members. Member Jordan supported Member Nelson comments. 

 

Vice-Mayor Diesel expressed concern for a particular board and commission. He indicated the unusual circumstances presented by the pandemic and that immediately returning to normal meeting or quorum procedures would be challenging. 

 

Council confirmed the City Manager had input or direction. 

 

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MAYOR AND COUNCIL REPORTS

 

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

 

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Mayor Johnson commented on an unusual proclamation request that he felt there were several issues. The first was that he (the Mayor) did not execute proclamations for individual or private groups, due to the volume of these types of requests could become an issue. Second, Mayor Johnson indicated concerns on not knowing more about requestor(s) themselves and his concern that if the City issued a proclamation on behalf of a private group, but there were future issues with the group (he highlighted from his perspective), the City would have already supported the private group via a proclamation issued by the Mayor (for some type of social context and good will endorsement).    

 

Member Jordan commented on his familiarity with a group that requested a proclamation, to which Mayor Johnson discussed with Member Jordan. The two discussed their perspectives of the requested proclamation---one feeling the proclamation supported the spirit of the group’s purpose, but the other felt the proclamation supported the group (themselves) as well as the purpose.

 

During the discussion, Vice-Mayor Diesel requested whether there was a protocol for the submission of proclamations, to which Mayor Johnson and City Attorney Broome reviewed. Proclamations did not require the City Council’s approval and were handled by the Mayor. There were also past instances of requests by citizens and Council reaching a consensus and authorizing them. Staff had seen this, too. 

 

Member Jordan summarized that he believed proclamations were ultimately decided by the Mayor. Member Jordan advised that individual Council could not issue proclamations.

 

Member Nelson asked whether it was possible to strike (remove) the name of the group in a proposed proclamation and only endorse the ideals. To this, Mayor Johnson indicated his position on these matters. Mayor Johnson also indicated that private groups operated under their own auspices (patronage, aegis, umbrella, protection, guidance, support, backing, guardianship, trusteeship, sponsorship, supervision, influence, control, charge, responsibility) and could do good work for communities. Private groups were not affiliated with the City though and it was important to Mayor Johnson to know whom we were talking about. 

 

Member Nelson requested receiving a copy or the context for the requested proclamation. 


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Council Reports

 

Vice-Mayor Diesel reviewed a fundraiser associated with ministry at the Brevard County Jail. He also advised that he spoke to a Cub Scout group on October 26, 2020. 

 

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Member Nelson indicated the City might seek assistance from the Titusville Environmental Commission to assist with low impact development (LID), to which City Manager Larese indicated this was presently in the plans for LID. 

 

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Member Nelson initiated discussion on a Request for Proposal (RFP) for the City’s Employee Health Clinic based on the current pandemic – COVID 19. 

 

A lengthy discussion ensued.  

 

By a general consensus, Council provided their consensus to put a hold on the Request for Proposal (RFP) for the City’s Employee Health Clinic based on the current pandemic – COVID 19. This would provide additional time for staff to evaluate the budget to determine the funding available for the City’s Employee Health Clinic and working within the rules of the procurement policy.

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. There was one item that requested action by the Council, which was an authorization to proceed with the following divestiture of surplus property.

 

Sale of Surplus Property – Included in the Council agenda packet was a letter to Ms. Annie Burch that arranged for a purchase payment plan for a previously designated surplus parcel of City owned property adjacent to Ms. Burch’s residence at 505 Lucky Street. This .13-acre parcel was being sold in accordance with City Administrative Policy 1-10.

 

By consensus, Council authorized staff to proceed with the divestiture of surplus property located adjacent to Annie Burch residence at 505 Lucky Street, as requested.

 

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Remaining items were informational only, as followed:

 

  • Surplus Property Auction Results
  • Last Regular Meeting of Current City Council – November 24, 2020 at 10:30 a.m. at City Hall
  • Swearing in of New City Council – November 24, 2020 at 11:00 a.m. at City Hall
  • Regular City Council Meeting and Presentations – November 24, 2020 at 5:30 p.m. at City Hall
  • Regular City Council Meeting – November 24, 2020 at 6:30 p.m. at City Hall

 

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CITY ATTORNEY’S REPORT – No report. 

 

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With no further business to discuss, the meeting adjourned at 8:57 p.m.

      

Walt Johnson, Mayor

 

ATTEST:


Wanda F. Wells, City Clerk