Regular City Council - November 10, 2020 6:30 PM

  1. Minutes


City Council

Regular Meeting

November 10, 2020

 

The City of Titusville City Council met in regular session on Tuesday, November 10, 2020, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Vice-Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Vice-Mayor Dan Diesel and City Council Members JoLynn Nelson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Caitlin Rodriguez completed the minutes. Mayor Walt Johnson was absent.  


Vice-Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation.


APPROVAL OF MINUTES 

 

Motion: 

Member Jordan moved to approve the minutes of the regular City Council meetings on August 25, 2020 (6:30 p.m.), September 22, 2020 (6:30 p.m.) and October 13, 2020.  Member Nelson seconded the motion and the roll call vote was as follows:

 

                              Member Jordan                 Yes

Member Nelson                Yes

Vice-Mayor Diesel            Yes

Member Stoeckel              Yes

 

The motion carried unanimously. 


SPECIAL RECOGNITIONS & PRESENTATIONS – None. 


BOARDS AND COMMISSIONS


North Brevard Library District Board – The North Brevard Library District Board’s Semi-Annual report was submitted as written. No action was required.  


Student Advisory Council – The request was for Council to approve temporarily suspending the Titusville Student Advisory Council (TSAC), until North Brevard Public Schools can permit their TSAC members to resume attending the TSAC meetings in-person (related concerns for the Coronavirus). Alternatively, provide direction to staff.

 

Motion: Member Nelson moved to temporarily suspend the Titusville Student Advisory Council until Brevard Public Schools permit their members to resume attending the meetings, as recommended. No other direction was provided. Member Jordan seconded the motion and the roll call vote was as followed: 

 

Member Nelson                Yes

Vice-Mayor Diesel            Yes

Member Stoeckel              Yes

Member Jordan                 Yes

 

The motion carried unanimously.


PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)


City Clerk Wanda Wells advised that there were written comments received via electronic mail from Stan Johnston and was distributed to the City Council. 


Stan Johnston stated he was there to report on the written comments he submitted to the City Council prior to the City Council meeting that evening.  


Bernard Wright expressed concern regarding Banana Drive at the corner of Vista Terrace and Banana Drive.  He stated that there are cracks in the street and some type of liquid coming up out of the street.  He also stated that the issues are causing water, slime like substance, etc.  He informed Council that a City worker has been out to address the concern, but there are still ongoing issues.   Vice-Mayor Diesel requested staff review his concern.

 

CONSENT AGENDA 

 

City Clerk Wanda Wells advised that there were speaking cards submitted for items A, C, E, F, and G. 

 

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

 

  1. Award of Proposal for a Historic Booklet and Walking Tour Project – Approve the award of contract to Coherit Associates, LLC in the amount of $30,000 for a Historic Booklet and Walking Tour project and authorize the City Manager to execute the contract with Coherit Associates.

 

  1. Authorization to Apply for Designation and Inclusion of the Titusville Downtown Connector Trail (Cyclotrail) as Part of the East Coast Greenway Trail System – Authorize staff to apply for an East Coast Greenway designation for the Titusville Downtown Connector Trail and its inclusion in the East Coast Greenway Trail System; and authorize the Mayor to sign a letter on behalf of City Council endorsing the designation.

  1. Acceptance of Award - FY20-21 Bullet Proof Vest Grant – Accept Bullet Proof Vest award in the amount of $10,938.75 and associated budget amendment.
     
  2. Titusville Police Department (TPD) Communication Center Consoles – Approve purchase and installation of eight (8) consoles for Titusville Police Department (TPD) Communication Center from State Contract NASPO #05715 vendor Xybix for the amount not to exceed $37,833.
     
  3. Resolution No. 34-2020 - Advisability for Right of Way (ROW) Application No. 3-2020 – Adopt Resolution No. 34-2020 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way on December 8, 2020 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.
     
  1. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. representing Police Officer, Corporal, Sergeant and Dispatcher and the City of Titusville – Approve the Wage Reopener in accordance with Article 38 of the Collective Bargaining Agreement between the FOP and the City of Titusville.
     
  2. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. representing Lieutenants and the City of Titusville – Approve the Wage Reopener in accordance with Article 38 of the Collective Bargaining Agreement between the FOP and the City of Titusville.


Stan Johnston submitted a public speaking card for items A, C, E, F, and G. Mr. Johnston stated that he felt that the City did not have a balanced budget and have not for years and he also referenced a letter that was distributed to the Council earlier in the meeting, etc. 


Motion:

Member Nelson moved to approve Consent Agenda items A through G, in accordance with recommendations. Member Jordan seconded the motion. The roll call vote was as follows:

 

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously.   


ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

  1. Ordinance No. 23-2020 Related to Home Based Businesses – City Attorney Broome read, AN ORIDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 28 “ZONING”, SECTION 28-360 “HOME BASED BUSINESS” BY AMENDING THE LIST OF HOME BASED BUSINESSES PERMITTED AND PROHIBITED WITHIN RESIDENTIAL AREAS; BY PERMITTING CERTAIN HOME BASED BUSINESSES TO HAVE CLIENTS ON SITE; BY ESTABLISHING CONDITIONS UNDER WHICH SUCH BUSINESSES MAY OPERATE; AND BY CLARIFYING TERMINOLOGY; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, the first time by title only. 


City Manager Larese advised that this was the first reading and first public hearing of Ordinance No. 23-2020. The second reading and second public hearing was scheduled for November 24, 2020 at 6:30 p.m.
 

On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approval. 

 

Dedra Waller submitted a public speaking card. Ms. Waller requested a timeline of how soon she could apply for a permit after this ordinance was approved. 

 

City Attorney Broome stated that the second hearing was scheduled for November 24, 2020 and that once approved, the ordinance would become effective upon the Mayor’s signature.  

 

Member Nelson advised that in the ordinance it stated that “the administrator may require that any home based business attain a Conditional Use Permit” and Member Nelson stated that she was not sure that should stay in the ordinance to avoid putting a burden on City staff. 

 

Community Development Director Peggy Busacca recommended to Council making requirements more direct rather than leaving the decision up to the administrator. 

 

Council requested staff remove Section 28-360(c)(12) The Administrator may require that any home based business obtain a Conditional Use Permit based upon the proposed use or any site specific factor.



  1. Ordinance No. 24-2020 Regarding Mobile Vendors in Public (P) Zoning – City Attorney Broome read, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLOIRDA, AMENDING THE CODE OF ORDINANCES TO CLARIFY APPLICATION REQUIREMENTS FOR MOBILE VENDORS AND TO PERMIT MOBILE VENDORS AND SPECIAL EVENT VENDORS ON LANDS ZONED PUBLIC (P) UNDER CERTAIN CONDITIONS BY AMENDING CHAPTER 11 “LICENSES AND BUSINESS REGULATIONS”, SPECIFICALLY AMENDING SECTIONS 11-332 “MOBILE VENDORS” AND 11-340 “SPECIAL EVENT VENDORS”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, the first time by title only. 


City Manager Larese advised that was the first reading and first public hearing of Ordinance No. 24-2020. The second reading and second public hearing is scheduled for November 24, 2020 at 6:30 p.m.


On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approval of this item. 


 

  1. Ordinance No. 19-2020 Correcting References of Terms and Code Provisions – City Attorney Broome read, 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, the second reading by title only. 


City Manager Larese advised that staff had identified a number of corrections to code references and that the proposed ordinance made the needed corrections.

 

On October 21, 2020, the Planning and Zoning Commissions recommended approval as written, 7-0.  

 

Motion: 

Member Nelson moved to approve Ordinance No 19-2020 correcting references of terms and code provisions, as recommended. Member Stoeckel seconded the motion and the roll call vote was as follows: 

 

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Vice-Mayor Diesel                  Yes

 

The motion carried unanimously.



  1. Ordinance No. 20-2020 Removing References to Obsolete Zoning Districts – City Attorney Broome read, AN ORDINANCE FOR 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, the second time by title only. 


City Manager Larese read the item as outlined in the agenda packet. On October 21, 2020, the Planning and Zoning Commission unanimously (7:0) recommended approval as written. 

 

 

Motion: 

Member Nelson moved to approve Ordinance No. 20-2020 removing references to obsolete zoning districts, as recommended. Member Jordan seconded the motion and the roll call vote was as follows:

 

Member Jordan                       Yes

Member Nelson                      Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.



  1. Ordinance No. 21-2020 Relating to Site Plan Review Thresholds – City Attorney Broome read, 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, the second time by title only. 

 

City Manager Larese advised that on August 25, 2020, Council approved advisability for staff to reassess the thresholds for site plan review to more appropriately match the level of review to potential impacts of development. 

 

Motion:

Member Jordan moved to approve Ordinance No. 21-2020 relating to site plan review thresholds, as recommended. Member Nelson seconded the motion and the roll call vote was as follows: 

 

Member Nelson                      Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 



  1. Ordinance No. 22-2020 Relating to Minimum Lot Size for Townhomes – City Attorney Broome read, AN ORDIANCE 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, the second time by title only. 


City Manager Larese advised that in response to a citizen request at their July 28, 2020 meeting, City Council approved advisability to review the minimum lot size for townhomes. The proposed ordinance eliminates the minimum lot size requirement and all other limited use standards remain in place. 

 

On October 21, 2020, the Planning and Zoning Commission recommended tabling to their next regular meeting. The Commission requested an analysis of all infill lots in the City that would be impacted by the proposed Code Change, 7-0. On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approval. 


Motion:

Member Jordan moved to approve Ordinance No. 22-2020 relating to minimum lot size requirements for townhomes, as recommended. Member Nelson seconded the motion. The roll call vote was as follows:

 

Vice-Mayor Diesel                  Yes
Member Stoeckel Yes
Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously.  


ORDINANCES-FIRST READING – None.


OLD BUSINESS – None.



NEW BUSINESS

 

Agreement with the Merritt Island National Wildlife Refuge U.S. Fish and Wildlife Service and the Merritt Island Wildlife Association to Utilize Space in the Downtown Welcome Center as the Refuge's Temporary Visitor Center – City Manager Larese outlined the item included in the agenda packet.

 

City Council provided advisability to the City Attorney to drafting a memorandum of understanding between the City, Community Redevelopment Agency, U.S. Fish and Wildlife Service, and the Merritt Island Wildlife Association to permit the U.S. Fish and Wildlife Service and Merritt Island Wildlife Association to utilize available space in the Downtown Welcome Center.

  


 

PETITION AND REQUESTS FROM THE PUBLIC PRESNET (NON-AGENDA ITEMS) – None. 



MAYOR AND COUNCIL REPORTS

 

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


Council Reports

 

Member Jordan took a moment to congratulate Dr. Sarah Stoeckel on her election to the City Council for another four-year term.  


Member Stoeckel stated that this time in November, she would normally be attending the Florida League of Cities Legislative Conference. Member Stoeckel stated that they are hosting the conference in Orlando, but are also offering a call-in option. She advised that she will be calling in for her portion with the Municipal Administration where they would finalize their legislative priorities focusing on short-term rentals, being able to legislate smoking in parks, and cyber security.


Vice-Mayor Diesel seconded what Member Jordan said and extended his congratulations to Member Stoeckel and also to new Member-Elect Joe Robinson. Vice-Mayor Diesel also stated that he was very proud of the other individuals who ran for City Council and their efforts. 




City Manager's Report – City Manager Larese advised that he did not have any action items, but that he did have a few items for Council’s discussion. 

 

City Manager Larese advised that the last City Council meeting of the current Council would be on Tuesday, November 24th at 10:30 a.m. and that staff was working out the logistics of the swearing in ceremony scheduled for November 24, 2020 at 11:00 a.m. to ensure that social distancing protocols would be in place during the ceremony.  


City Manager Larese stated that the City of Titusville annually hosted a Christmas Tree Lighting ceremony in front of City Hall. The City had partnered with Sculptor Charter School in the past to have their children come sing, but Sculptor Charter School would not allow their students to participate this year due to the current pandemic. City Manager Larese requested consensus from Council to postpone the tree lighting ceremony to 2021 due to the Coronavirus Pandemic (COVID-19). Council agreed.


City Manager Larese stated that at the Planning and Zoning Commission meeting, there was discussion about allowing members to phone in after the physical quorum has been established by that particular board. 

 

City Attorney Broome advised that Council passed Resolution 16-2020 that provided meeting procedures that would be followed. Resolution 16-2020 expired on November 1, 2020 with the expiration of Executive Order 20-69. 

 

City Attorney Broome stated that Resolution 16-2020 directly dealt with social distancing in the Chamber; providing audio and video feeds within City Hall for overflow purposes; restriction of the use of easels, tripods, props within the chamber; the allowance of submittal of written comments on agenda items from the public; and to authorize the city manager to institute means and methods to facilitate public participation consistent with the guidelines. City Attorney Broome stated he could come back with a Resolution regarding the above listed items, aside from the use of communications technology since that was no longer allowed without a physical quorum present. 

 

Council provided direction to staff to prepare a resolution continuing the procedures for the conducting of City public meetings during the declared State of Emergency as a result of COVID-19.  This will include removing the use of communications media technology to conduct public meetings based on the expiration of the Executive Order 20-69; however, language will be included to allow board members to use communications media technology only when a physical quorum of the board will be present at the meeting. This will allow members with extraordinary circumstances to participate via telephone, if needed, due to COVID-19.  This resolution will be active during the State of Emergency related to the pandemic.  The resolution will be brought back to Council at their next meeting.


The rest of the City Managers report was informational items only. 


CITY ATTORNEY’S REPORT – None. 


With no further business to discuss, the meeting adjourned at 7:48 p.m.


Walt Johnson, Mayor

 

ATTEST:

Wanda F. Wells, City Clerk