Regular City Council Meeting - January 26, 2021

  1. Minutes

City Council

Regular Meeting

January 26, 2021

 

The City of Titusville City Council met in regular session on Tuesday, January 26, 2021, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, and City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

Mayor Diesel called the meeting to order at 6:50 p.m., not 6:30 p.m., due to the meeting at 5:30 p.m. for presentations ran late. Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, City Clerk Wanda Wells read the procedure for public comment and participation. 

 



 

APPROVAL OF MINUTES

 

Motion:

Member Jordan moved to approve the minutes of the special City Council meetings on November 24, 2020 (10:30 a.m. - Last Regular Meeting) and November 24, 2020 (11:00 a.m. - Organizational Meeting), as submitted. Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously. 

 



 

SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 




 

Motion:

Vice-Mayor Nelson moved to amend the Council agenda and move or consider agenda item 12 A immediately after item 9 C. Member Jordan seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 




 

BOARDS AND COMMISSIONS

 

Titusville Community Service Award Select Committee - The request was for the Mayor to appoint the chairperson and clergy representative for the 2021 Titusville Community Service Award Select Committee, with confirmation by City Council. Mayor Diesel reviewed his appointment selections, to which the Council confirmed in the following action. 


Motion:

Member Jordan moved to appoint Herman Cole, Jr. as the chair and Barry Russell of the Grove Church as the clergy representative for the 2021 Titusville Community Service Award Select Committee. Vice-Mayor Nelson seconded the motion and the roll call vote was: 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously.





 

 Titusville Flag and Memorial Committee - The Titusville Flag and Memorial Committee's semi-annual written report was distributed by staff and written only, due to the chairperson was not available to present the report. No action was requested.





Historic Preservation Board Semi-Annual Report - The Historic Preservation Board's (HPB) Semi-Annual Report was presented by Alternate HPB Member Toni Shifalo and as provided in the Council agenda packet. No action was requested. 

 



 

Historic Preservation Board - The request was to appoint one (1) alternate member to the Historic Preservation Board with an unexpired term to expire on October 31, 2022.


Motion:

Member Jordan moved to appoint Jean Caramanna-Collins as an alternate member on the Historic Preservation Board, to an unexpired term to expire on October 31, 2022. Vice-Mayor Nelson seconded the motion and the roll call vote was: 


Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 



 

Planning and Zoning Commission - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to appoint three (3) regular members and one (1) alternate member to the Planning and Zoning Commission, with terms to expire on January 31, 2023. City Manager Larese advised that a new application from Robert Johnston was provided to the City Council in addition to the applications in the Council agenda packet.  

The applicants individually reviewed their qualifications and experience. 


Motion:

Member Jordan moved to reappoint Joyous Parrish, Joseph Richardson, and Dwight Severs as regular members on the Planning and Zoning Commission, with terms to expire on January 31, 2023. The motion also included appointing Linwood (Woody) Rice as an alternate member on the Planning and Zoning Commission, with a term to expire on January 31, 2023. 

 

Brief discussion ensued on the applicants. 

 

Vice-Mayor Nelson seconded the motion.

 

Member Jordan reviewed his prior concerns on Planning and Zoning Commission (P&Z)  meetings, specifically concerning respecting City staff and their roles, wanting all individuals involved with the Commission to be content and not harm anyone with negativity, yet still be professional when making advisory board recommendations to the City Council (the elected officials). 

 

Vice-Mayor Nelson appreciated how P&Z members deeply analyzed information and pointed out their concerns in the recommendations they provided to the City Council. Member Robinson advised that an individual’s experience was important to him, in order to make Titusville a better place. Per Mayor Diesel’s request, Member Jordan restated the motion and the roll call vote was: 


Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.

 




 

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) – 

 

Stan Johnston distributed information. He reviewed a prepared statement on his concerns for any threat to public health from pond spray, following a recent sewer spill at Sand Point Park (December 2020).


Elizabeth Lavette reviewed personal concerns on the recent sewer spill, possible threat to public health, communication issues she felt existed between the various and involved government agencies, her desire to facilitate sharing information at public workshops with all involved agencies, and providing written, science-backed, public warning notices, like placing informational “door hangers” on citizens’ homes when a potential threat to public health occurred. 

 

Brief discussion ensued on the City’s communication methods with the public after the recent sewer spill. When asked, Ms. Lavette advised that she was waiting on her own lab results to know whether a specific and harmful bacteria was an issue at the spill site. Per Ms. Lavette, there was no proof that the bacteria that concerned her died when exposed to air and lab testing to detect human contraction of a specific and harmful bacteria was being developed. 

 

Stel Bailey piggybacked on Ms. Lavette’s comments. She advised her organization (Fight for Zero) was conducting numerous, long term studies in Titusville and evaluating perfluorinated or other type of compounds or contaminants in drinking water, whose molecular or chemical structure persisted and did not breakdown over time. The mission of her organization was to change regulations to better protect any threat to public health from harmful contaminants in drinking water. Her organization also advocated for better technology and funding for municipal water utility systems. Otherwise, cancer and autoimmune diseases were some of the negative consequences from the harmful toxins or contaminants that concerned her about drinking water. 

 

Member Jordan asked Ms. Bailey to clarify the scope of what she and Ms. Lavette were requesting from the Council. Ms. Bailey replied that her organization looked at “all of it” and water was interconnected in many ways and could become harmful to humans during various intertwined relationships, like a the drinking water source (supply), infrastructure’s influence during containment, treatment, and delivery through the municipal system and through the plumbing and residential infrastructure, etc. Additionally, Ms. Bailey’s organization was interested in the cyanobacteria mentioned by Ms. Lavette and perfluorinated contaminants found in the Indian River Lagoon and some municipal drinking water. 

 

Per Member Robinson’s inquiry, Ms. Bailey advised that Cocoa’s water recently tested free or safe from the contaminants that concerned her. Per Ms. Bailey, the harmful compounds or toxins were still in the groundwater though. 

 



 

CONSENT AGENDA

 

City Manager Larese read Consent Agenda Item A.

 

  1. Resolution No. 5-2021 Approving Temporary Closure of State Roads for Special Events - Approve Resolution No. 5-2021 approving the temporary closure of A. Max Brewer Bridge on February 27, 2021 for the Max Brewer 5K Run/Walk, and US 1 for the St. Paddy's Day Downtown Street Party on March 12, 2021.

 

Stan Johnston submitted a public speaking card. He was opposed or neutral on the request (not clear). He further advised that he submitted an email of approximately 30 pages with three components addressing a variety of information that he wished to address. His main point was to request the termination of a particular staff member related to a seemingly unrelated matter, not related to road closures. 

 

Mayor Diesel asked Mr. Johnston to be specific on whatever point he had about the closure of roads. Mr. Johnston indicated he distrusted City officials or staff. 


Motion:

Member Jordan moved to approve Consent Agenda Item A, in accordance with recommendations. Vice-Mayor Nelson seconded the motion and the roll call vote was: 

 

Member Robinson                  Yes

Member Jordan                      Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                 Yes

Member Stoeckel                   Yes

 

The motion carried unanimously.

 




ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 3-2021 Relating to Brewpubs - City Attorney Broome read Ordinance No. 3-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 28 “ZONING” OF THE LAND DEVELOPMENT REGULATIONS; SPECIFICALLY DESIGNATING BREWPUBS AS PERMITTED USES IN TOURIST, COMMUNITY COMMERCIAL, REGIONAL COMMERCIAL, DOWNTOWN MIXED USE, URBAN MIXED USE, SHORELINE MIXED USE, REGIONAL MIXED USE 300 AND 400 SUB-DISTRICTS, URBAN VILLAGE, AND INDIAN RIVER CITY NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS; BY AMENDING SECTION 28-54 “USE TABLE” TO ADD “BREWPUB”; CREATING SECTION 28-105.8 “BREWPUB” AND  PROVIDING FOR DEFINITIONS;  AMENDING SECTION 28-204 “CRAFT BREWERY/CRAFT DISTILLERY” BY DESIGNATING CRAFT BREWERY/CRAFT DISTILLERY AS A PERMITTED USE IN PLANNED INDUSTRIAL DEVELOPMENT ZONING DISTRICT; DELETING SECTION 28-213 “MICROBREWERY”; AND AMENDING SECTIONS 28-342 “ACCESSORY USE TABLE” AND 28-361 “OUTDOOR AREAS OF SEATING” TO ALLOW OUTDOOR AREAS OF SEATING AS A LIMITED USE IN REGIONAL MIXED USE 300 SUB-DISTRICT; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, for the first time by title only. 

 

City Manager Larese highlighted the information about ordinance, as provided in the Council agenda packet. Staff indicated the Planning and Zoning Commission’s recommendations could change prior to the final public hearing. 

 

Member Stoeckel requested a map to better visualize the areas that would allow BrewPubs, if this ordinance was approved at the next meeting. Member Robinson supported this request. 

 

Mayor Diesel opened the first public hearing. 

 

Stan Johnston submitted a public speaking card. He advised that he was neutral on the proposed ordinance, but then read from a prepared statement that reviewed his disapproval of City staff related to a recent sewer spill. The context of his remarks were seemingly unrelated to the proposed ordinance. 

 

Mayor Diesel reflected back to Mr. Johnston that he and the Council had fully received the message (many times and over many years) that Mr. Johnston did not trust the City; however, Mr. Johnston’s comments on agenda items needed to be relevant to the request at hand, which was proposed Ordinance No. 3-2021. 

 

With no other individuals that wished to speak, Mayor Diesel closed the first public hearing on Ordinance No. 3-2021. This was the first reading and the first public hearing on Ordinance No. 3-2021. The second reading and final public hearing was scheduled for the regular City Council meeting on February 9, 2021 at 6:30 p.m.






Ordinance No. 4-2021 Relating to Tiny Homes - City Attorney Broome read Ordinance No. 4-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO AMEND CHAPTER 28 “ZONING” OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW TINY HOUSES IN THE MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (R-2), MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3), URBAN MIXED USE (UMU), RESIDENTIAL MANUFACUTRED HOUSING (RMH-1) AND RESIDENTIAL MANUFACTURED HOUSING PARK (RMH-2) ZONING DISTRICTS; BY AMENDING SECTION 28-54 “USE TABLE”, BY ADDING SECTION 28-80.5 “TINY HOUSES”, BY ADDING SECTION 280.6 “TINY HOUSE ON WHEELS (THOW); BY AMENDING SECTION 28-178 “TRAVEL TRAILER PARK”, AND BY AMENDING CHAPTER 33, “DEVELOPMENT OPTIONS”, BY AMENDING ARTICLE I, “PLANNED DEVELOPMENT (PD)”; BY AMENDING SECTION 33-6 “INTERNAL YARD AND BULK REQUIREMENTS” AND BY AMENDING CHAPTER 37 “DEFINITIONS”; BY AMENDING SECTION 37-1 “DEFINITIONS” TO ADD DEFINITIONS OF  COTTAGE HOME DEVELOPMENT, TINY HOUSE AND TINY HOUSE ON WHEELS (THOW); PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only.

 

City Manager Larese highlighted information about ordinance, as provided in the Council agenda packet. Staff indicated the ordinance took two years to research and prepare. Council and staff discussion ensued on the following:

 

  • Zoning
  • An affordable housing committee recommendation of 650 maximum square feet
  • Staff’s response to developers during the preparation of the proposed ordinance on the building’s footprint
  • Locations or groups where tiny homes might be constructed and concerns that after the housing aged or property managers were no longer overseeing the condition of this housing, occupancy inside tiny homes increased or caused problems for communities
  • Consider regulating how many persons could live inside tiny homes
  • Maintenance
  • Florida Building Code would address both building these structures and occupancy concerns
  • Cottage style home development indicated five tiny homes in one area
  • Manufactured home communities and regulations
  • Conditional use permit (CUP) requirements

 

Mayor Diesel opened the first public hearing. 

 

Stan Johnston submitted a public speaking card. He complained about staff regarding the Titusville Resiliency Report or a subject seemingly unrelated to the proposed ordinance.   

 

With no other individuals wishing to speak, Mayor Diesel closed the first public hearing on Ordinance No. 4-2021. This was the first reading and the first public hearing on Ordinance No. 4-2021. The second reading and final public hearing was scheduled for the regular City Council meeting on February 9, 2021 at 6:30 p.m.





 

City Attorney Broome read the quasi-judicial rules of procedures. 

 

Rezoning No. 2-2020 Huntington Park - City Attorney Broome read Ordinance No. 2-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE, BY REPLACING THE PRESENT PLANNED DEVELOPMENT (PD) ZONING ORDINANCE NO. 17-2019 AND MASTER PLAN FOR A CERTAIN PROPERTY APPROXIMATELY 79± ACRES IN SIZE, HAVING PARCEL ID NUMBER 22-35-17-AV-*-26, LOCATED ON THE WEST SIDE OF PARK AVENUE, NORTH OF COUNTRY CLUB DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only.

 

City Manager Larese highlighted the request, as provided in the Council agenda packet. The applicant of Rezoning Application No. 2-2020 (Huntington Park) requested approval to amend the Planned Development (PD) zoning ordinance and master plan for vacant land west of Park Avenue and north of Country Club Drive, with the amendments to Exhibit A of the proposed Ordinance No. 2-2021.

 

Staff gave a presentation that reviewed information on Rezoning Application No. 2-2020, including a summary of the existing wooded 79+/- acre parcel zoned Planned Development (PD) to allow 100 residential units and the applicant’s request to amend the PD zoning and master plan to reduce the number of residential units to 86 units. The zoning would remain PD zoning. The master plan comparison and a summary of PD amendments was also highlighted by staff. 

 

Staff advised that the Council would also consider or view the project’s sketch plat at this meeting (under agenda item 12 A), but what was described thus far was proposed changes to the PD zoning. The sketch plat had been reviewed by staff and all of the requirements for the sketch plat had been met. Staff recommended approval of both the rezoning application and related sketch plat. 

 

Individual Council members discussed the following concepts or items with staff:

 

  • Underground utilities and Code requirement
  • Pavement and right-of-way width and an administrative review process for requests for a more narrow right-of-way or other processes
  • Redesign of project based on the property’s environmental constraints
  • On street parking
  • Lift station with generator

 

Mayor Diesel opened the public hearing. 

 

Bruce Moia of MBV Engineering, on behalf of the applicant, reviewed the subject site’s recent history, change in ownership, rezoning, property surveys, and many and varying details related to the land owner’s efforts to meet various development, wetland, tree and other development requirements, some which he advised were low impact development (LID). Mr. Moia further provided details to support why the Council should approve the request and related ordinance. 

 

Member Jordan and Mr. Moia discussed home values, pedestrian walkway location, vegetative buffer versus wall, proximity to nearby subdivision, master plan comparison of approved master plan to the proposed master plan, flood compensatory tract area, dry ponds, wetlands, nature areas, lot widths, setback lines, fencing, etc.

 

Member Robinson and Mr. Moia discussed evacuation time outputs, ingress and egress, etc.

 

Charles Long, an elder from Park Avenue Baptist Church, spoke against the proposed project or request, for concerns on the safety of their church members and minor age school students. The church desired a protective or substantive fence or wall or buffer between them and the applicant’s property. 

 

Motion:

Vice-Mayor Nelson moved to give Mr. Long an additional minute to speak. Member Jordan seconded the motion and it carried unanimously. 

 

Mr. Long continued in support of his aforementioned request. 

 

Brief discussion ensued on a fence was not required by Code, but a 20-foot vegetative buffer was required at a minimum; what was stopping the church from installing their own fence, to which Mr. Long indicated the project’s representatives indicated a fence would be installed in discussions that occurred more than a year ago. 

 

David Pugh, an elder from Park Avenue Baptist Church, supported Mr. Long’s comments. 

 

Kevin Beverly commented that persons wanted larger homes and more distance from their neighbor’s homes due to the pandemic (indicating a trend); there were two threatened species on the subject site; concerns for no traffic study and near two school zones; connectivity to other areas, etc. 

 

Kay St. Onge held up a map or graphic. She read from a prepared statement that expressed her concerns for large oak trees and a tree canopy located on the subject property. 


Motion:

Vice-Mayor Nelson moved to give Ms. St. Onge two additional minutes to speak. Member Jordan seconded the motion and it carried unanimously. 

 

Ms. St. Onge continued reading from a prepared statement that reviewed her concerns on how saving trees supported low impact development (LID). 

 

Member Jordan and Ms. St. Onge discussed Ms. St. Onge’s analysis of how more trees could be saved from development, Ms. St. Onge’s interpretation of the Planning and Zoning Commission recommendations, private property owner rights, etc. 

 

Council discussed information with staff and Ms. St. Onge on the project’s details, dry retention ponds required by the City’s Code (unless there was a good reason otherwise), significant changes to the project plans to accommodate preserving trees, Ms. St. Onge’s desire to set aside two lots with heritage or untouchable trees, preserving one particular tree on an island where a cul-de-sac was planned and making adjustments to preserve trees, impacts to wetlands versus trees, many other details to consider for projects, such as the turning radiuses for emergency response vehicles, compensatory storage issues with dry retention, trees and root systems, the project was presently in the sketch plat planning stages, indicating more requirements were still to come, etc. 

 

Toni Shifalo commented on interconnected relationships amongst plants and trees and the sadness that she felt when she saw trees cut down. 

 

Stan Johnston was opposed or neutral (not clear) on the proposed rezoning and related ordinance. He then discussed his feelings that the City was corrupt and insulting his character on an unrelated matter.   

 

Mayor Diesel twice asked the Clerk to stop the clock and asked Mr. Johnston to make his comments relevant to the request at hand during Mr. Johnston’s allotted time. 

 

Kathleen Burson advised that she emailed the City on her request to save more trees for the proposed project, to which she advised she would explain. She also confirmed whether or not the St. Johns River Water Management District (SJRWMD) was a required part of the project’s approval process. To this, Ms. Burson went on to discuss low impact development (LID) techniques like pervious pavement, vegetative swales or ponds, and her request to allow the Marine Resources Council to work with the project, in an effort to save as many trees as possible. 

 

Motion:

Vice-Mayor Nelson moved to give Ms. Burson one additional minute to speak. Member Jordan seconded the motion and it carried unanimously. 

 

Ms. Burson continued. She advised the St. Johns River Water Management District (SJRWMD) Codes were old; therefore, she requested Council table the proposed request and related ordinance or related sketch plat. If a fence was placed at the north side, she asked to please keep the 20-foot buffer. For a 72-inch oak on the property, she requested pulling a pond further away from the tree to protect the root system. 

 

Member Jordan briefly discuss the project’s representatives making many adjustments for the project.   

 

Bruce Moia of MBV Engineering, on behalf of the applicant, offered rebuttal to some of the public’s comments. He advised that presently only the trees that were located in the uplands were shown on plans or tree surveys, not the countless trees located in approximately 35-acres of wetland areas; the applicant was making every effort to save a 72-inch and other trees that concerned citizens; there were many permits from SJRWMD and other development requirements for projects, all current and relevant codes were restrictive on many items, such as pollutants, utilities, stormwater, sewer and water, cluster development objectives, etc.

 

Concerning the Park Avenue Baptist Church, Mr. Moia commented on some of the citizens’ concerns. He advised that the project’s representatives were willing to install a 6-foot high opaque fence on the north side of the subject property for the project. 

 

Vice-Mayor Nelson and staff discussed her questions related to dry stormwater pond requirements and information or alternatives that might be considered during the site plan review process, etc. 

 

With no other individuals that wished to speak, Mayor Diesel closed the public hearing. 

 

Motion:

Member Jordan moved to approve Rezoning Application No. 2-2020 and Ordinance No. 2-2021. 

 

Vice-Mayor Nelson seconded the motion for discussion about conditions. 

 

City Clerk Wells confirmed whether the Council was considering the Planning and Zoning Commission’s recommendations of approval. 

 

Member Jordan indicated the motion of approval for Rezoning Application No. 2-2020 and Ordinance No. 2-2021 was as recommended by staff and modified, to include: (1) Planned Development Ordinance, survey with legal description and master plan as presented with the addition of two conditions; (a) a generator shall be installed with the lift station; and (b) a fence shall be installed along the northern property boundary beginning at the northeast corner of the property and continuing west to the preservation area illustrated as wetland Tract W4 on the Master Plan. Vice-Mayor Nelson’s second held and the roll call vote was: 

 

Member Jordan                        Yes

Mayor Diesel                            Yes

Vice-Mayor Nelson                   Yes

Member Stoeckel                     Yes

Member Robinson                    No

 

The motion carried 4-yes and 1-no, with Member Robinson in objection. 

 



 

(Council modified the agenda earlier in the meeting to hear agenda item 12 A after item 9 C)


New Business Item - 12 A 


Huntington Park - Sketch Plat – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve the Sketch Plat for Huntington Park. On January 6, 2021, the Planning and Zoning Commission (P&Z) recommended approval with the condition of the addition of a pedestrian path between Huntington Park and Falcon Roost a project that would be next to it based on feasibility (vote: 4 yes, 3 no).

 

Staff reviewed the staff report and the proposed sketch plat met all of the requirements.  Staff also commented that a concurrency evaluation had been completed for Park Avenue in July 2018 and it met the concurrency on the road. A traffic study would be required moving forward. 

 

Vice-Mayor Nelson commented on whether a sidewalk connection was intended between Falcon’s Roost and Huntington Park. 

 

Bruce Moia declined to speak on behalf of the application. 

 

Kay St. Onge submitted a public speaking card. She asked whether it was considered trespassing to view trees in or around a particular area of the subject site. 

 

Stan Johnston submitted a public speaking card. He discussed his feelings about the City on an unrelated matter.    

 

Motion:

Member Jordan moved to approve the Sketch Plat for Huntington Park, as recommended by staff. Vice-Mayor Nelson seconded the motion and the roll call vote was: 

 

Mayor Diesel                           Yes

Vice-Mayor Nelson                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously. 

 



 

At 10:00 p.m., Mayor Diesel called for a 10-minute recess. 


 




Conditional Use Permit No. 4-2020-A - Missileview Lift Station, 725 Buffalo Road - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Conditional Use Permit (CUP) Application No. 4-2020A for Storage or Use of a Regulated Substance in the Area of Critical Concern to Install an Emergency Generator for Sewer Lift Station #10 (Missileview) Located at 725 Buffalo Road.

 

On January 13, 2020 the Titusville Environmental Commission considered this request and unanimously (6:0) recommended approval with the following conditions: (1) The City explore the feasibility of purchasing other generators which use alternative fuels such as bio-diesel, propane or natural gas and include any findings in the Planning and Zoning Commission and City Council agendas. (2) If a generator which uses diesel fuel remains the preferred option, add a concrete lip to the concrete pad where the generator is to be installed to act as a third level of protection and containment.

 

On January 20, 2020 the Planning and Zoning Commission considered this request and recommended approval (7,0) with three conditions: (1) Obscure the view of the tanks and generators from street view with some type of screening; (2) Research the feasibility of a third level of containment; and (3) Include the Titusville Environmental Commission’s recommendation to research alternative fuel sources for future use. 

 

Utility Engineering Manager Ashleigh Smith, on behalf of the City of Titusville, the applicant, reviewed the purpose of the request, which was related to a financial grant from the Federal Emergency Management Agency (FEMA) and preventing particular emergency situations. She also reviewed specific details of the project, such as the lift stations were at least 750 feet from the wells. She also discussed Code requirements, containment, etc. 

 

Utility Engineering Manager Ashleigh Smith further reviewed discussions with the Titusville Environmental Commission and Planning and Zoning Commission, as well as she reviewed staff recommendations. 

 

Council and staff discussed shrubbery and screening (reasons for or against), monitoring the sites remotely, whether it was possible the lip on the concrete pad (requested by Member Nelson, if it was possible), required space surrounding the generators, the cost to add a concrete lip and this idea was a third level of containment, etc. 

 

Mayor Diesel opened the public hearing on CUP No. 4-2020 (A). 

 

Stan Johnston submitted a public speaking card. He read from a prepared statement that discussed his feelings about the City on an unrelated matter.    

 

Mayor Diesel asked the Clerk to stop the clock and asked Mr. Johnston to make his comments relevant to the request at hand (a conditional use permit for lift stations). 

 

Mr. Johnston indicated he was not going to speak to the request at hand. 

 

Motion

Member Jordan moved to approve Conditional Use Permit No. 4-2020-A - Missileview Lift Station, 725 Buffalo Road, as recommended by staff. Member Robinson seconded the motion and the roll call vote was: 

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously. 

 



 

It was nearing 10:30 p.m. Council rules or Code required Council to consider whether to extend or conclude the meeting. 

 

Motion:

Vice-Mayor Nelson moved to extend the Council meeting until 11:00 p.m. Member Stoeckel seconded the motion with discussion.  

 

Brief discussion ensued on the remainder of the agenda items and whether the Council might table any of the items to the next or future City Council meeting. It was noted that public speaking cards were submitted for some of the items the Council may table to a future meeting(s). It was also noted that a citizen submitted a speaking card on any new items the Council brought-up for discussion or action. 

 

City Attorney Broome advised Council on rules that did not require Council to consider public comment on their consideration of extending the meeting time or tabling agenda items to future City Council meetings. He advised that persons that submitted public speaking cards on tabled agenda items would have the opportunity to be heard at the specific Council meeting date that the Council formally identified for tabling the agenda items, etc. Tabling agenda items were not propositions before the Council that required public comment, but this was administrative in nature only. 

 

The roll call vote to extend the meeting to 11:00 p.m. was:

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.




Motion:

Member Jordan moved to table the following agenda items to the regular City Council meeting on February 9, 2021 at 6:30 p.m.:

 

  • Agenda Item 11 A. - Sand Point Park Fencing 
  • Agenda Item 12 B. – Advisability to transition Residential Solid Waste charges to the Non-Ad Valorem Tax Rolls
  • Agenda Item 12 C. – Draft 2040 Comprehensive Plan

 

Member Stoeckel seconded the motion and the roll call vote was: 

 

Member Robinson                   Yes

Member Jordan                       Yes

Mayor Diesel                           Yes

Vice-Mayor Nelson                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 



 

Conditional Use Permit No. 4-2020-B - South Lake Plant Lift Station, 88 N. Carpenter Road - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Conditional Use Permit (CUP) Application No. 4-2020 B for Storage or Use of a Regulated Substance in the Area of Critical Concern to Install an Emergency Generator for Sewer Lift Station Located at 88 N. Carpenter Road.

 

On January 13, 2020 the Titusville Environmental Commission considered this request and unanimously (6:0) recommended approval with the following conditions: (1) The City explore the feasibility of purchasing other generators which use alternative fuels such as bio-diesel, propane or natural gas and include any findings in the Planning and Zoning Commission and City Council agendas. (2) If a generator which uses diesel fuel remains the preferred option, add a concrete lip to the concrete pad where the generator is to be installed to act as a third level of protection and containment. (3) Staff from the Stormwater Division will explore the issues raised by the public regarding the possible retention area and work with Brevard County if issues are related to city-owned property noted as subject property for this item.

 

On January 20, 2020 the Planning and Zoning Commission considered this request and recommended approval (7,0) with three conditions: (1) Obscure the view of the tanks and generators from street view with some type of screening; (2) Research the feasibility of a third level of containment; and (3) Include the Titusville Environmental Commission’s recommendation to research alternative fuel sources for future use.


Utility Engineering Manager Ashleigh Smith, on behalf of the City of Titusville, the applicant, was available to answer questions. 

 

Mayor Diesel opened the public hearing on CUP No. 4-2020 B. 

 

Stan Johnston advised that he was opposed to the request. He then discussed his feelings about the City on an unrelated matter.    

 

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

 

Motion:

Member Jordan moved to approve Conditional Use Permit Application No. 4-2020-B - South Lake Plant Lift Station, 88 N. Carpenter Road, as recommended by staff. Vice-Mayor Nelson seconded the motion and the roll call vote was: 

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.





 

Conditional Use Permit No. 4-2020-C - Imperial Estates II Lift Station, 4972 Sisson Road - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Conditional Use Permit (CUP) Application No. 4-2020 C for Storage or Use of a Regulated Substance in the Area of Critical Concern to Install an Emergency Generator for Sewer Lift Station Located at 4972 Sisson Road.

 

On January 13, 2020 the Titusville Environmental Commission considered this request and unanimously (6:0) recommended approval with the following conditions: (1) The City explore the feasibility of purchasing other generators which use alternative fuels such as bio-diesel, propane or natural gas and include any findings in the Planning and Zoning Commission and City Council agendas. (2) If a generator which uses diesel fuel remains the preferred option, add a concrete lip to the concrete pad where the generator is to be installed to act as a third level of protection and containment.

 

On January 20, 2020, the Planning and Zoning Commission considered this request and recommended approval (7,0) with four conditions: (1) Obscure the view of the tanks and generators from street view with some type of screening; (2) Research the feasibility of a third level of containment; (3) Include the Titusville Environmental Commission’s recommendation to Research alternative fuel sources for future use; and (4) Staff continue researching issues related to the nearby retention area.

 

Utility Engineering Manager Ashleigh Smith, on behalf of the City of Titusville, the applicant, was available to answer questions. 

 

Mayor Diesel opened the public hearing on CUP No. 4-2020 C. 

 

Stan Johnston discussed his feelings about the City on an unrelated matter.    

 

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

 

Motion:

Member Jordan moved to approve Conditional Use Permit No. 4-2020-C - Imperial Estates II Lift Station, 4972 Sisson Road, as recommended by staff. Vice-Mayor Nelson seconded the motion and the roll call vote was: 

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 



 

ORDINANCES-FIRST READING

 

Ordinance No. 5-2021 Relating to Submittal Requirements for Plan Amendments and Master Plans - City Attorney Broome read Ordinance No. 5-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY DELETING CERTAIN WETLAND AND MASTER PLAN SUBMITTAL REQUIREMENTS FROM THE CODE THAT CURRENTLY EXIST IN THE DEVELOPMENT REVIEW PROCEDURES TECHNICAL MANUAL BY AMENDING CHAPTER 29 “SPECIAL DISTRICTS AND OVERLAYS”, ARTICLE IV “WETLAND AND CONSERVATION AREA (WCA)”, SECTION 29-71 “INTENT”  AND CHAPTER 34 “PROCEDURES”, SECTION 34-55 “MASTER PLAN APPROVAL”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, for the first time by title only. 

 

City Manager Larese highlighted the agenda item information as provided in the Council agenda packet. He also advised that on January 13, 2021 the Titusville Environmental Commission considered this ordinance and recommended approval as written. On January 20, 2021, the Planning and Zoning Commission considered this ordinance and recommended approval, 6-0, as presented. One member was not present during the vote.

 

Stan Johnston submitted a public speaking card. He indicated he was opposed or neutral to the proposed ordinance (not clear). He then discussed an unrelated matter. 


The public hearing on Ordinance No. 5-2021 was scheduled for the regular City Council meeting on February 9, 2021 at 6:30 p.m.

 



 

Ordinance No. 6-2021 - Technical Manuals Codification - City Attorney Broome read Ordinance No. 6-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING CHAPTER 30, ARTICLE I “GENERAL PROVISIONS” BY CREATING DIVISION 4 “TECHNICAL MANUALS” SECTION 30-8 “TECHNICAL MANUALS” INCORPORATING THE DEVELOPMENT REVIEW PROCEDURES TECHNICAL MANUAL, ENVIRONMENTAL PROTECTION TECHNICAL MANUAL, HAZARDOUS MATERIALS TECHNICAL MANUAL, LANDSCAPING TECHNICAL MANUAL, STORMWATER MANAGEMENT TECHNICAL MANUAL, TRANSPORTATION INFRASTRUCTURE TECHNICAL MANUAL AND CONCURRENCY TECHNICAL MANUAL IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only.

 

City Manager Larese highlighted the agenda item information as provided in the Council agenda packet. 

 

Stan Johnston submitted a public speaking card. He reviewed his professional and education background. He then discussed an unrelated matter. 

 

The public hearing for Ordinance No. 6-2021 was scheduled for the regular City Council meeting on February 9, 2021 at 6:30 p.m.

 




 

OLD BUSINESS

 

Sand Point Park Fencing - Council tabled this agenda item earlier in the meeting to the regular City Council meeting on February 9, 2021 at 6:30 p.m.

 




 

NEW BUSINESS

 

Huntington Park - Sketch Plat – Council considered this request earlier in the meeting, immediately after agenda item 9 C. 

 




 

Advisability to transition Residential Solid Waste charges to the Non-Ad Valorem Tax Rolls – Council tabled this agenda item earlier in the meeting to the regular City Council meeting on February 9, 2021 at 6:30 p.m.

 




 

Draft 2040 Comprehensive Plan - Council tabled this agenda item earlier in the meeting to the regular City Council meeting on February 9, 2021 at 6:30 p.m.

 




 

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) – None. 

 




 

MAYOR AND COUNCIL REPORTS

 

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

 




 

Council Reports - Vice-Mayor Nelson discussed Member Robinson attending or representing Council on the Affordable Advisory Housing Committee (AHAC). The Committee’s next meeting was scheduled for May 2021. City Manager Larese would ask staff to contact Member Robinson with and provide him with more information and the Committee. 

 

Member Jordan and Mayor Diesel commented the upcoming anniversary and memorial of the 1986 Space Shuttle disaster and the loss of human life and astronauts. 

 

Member Robinson commented his recent discussions and encouragement of minority business owners. 

 




 

CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. There were two action items scheduled for Council’s consideration. 

 





Council 2021 Legislative Priorities - Council briefly reviewed the 2020 Legislative Priorities and made no changes. By a consensus, the Legislative Priorities would remain the same for 2021 and would be submitted to the County’s Legislative Delegation.

 




 

Student Awards Ceremony - Council supported via consensus cancelling the 2021 Student Awards Ceremony due to the current pandemic (COVID-19).   Staff would prepare the certificates of recognition and allow the individual schools to distribute to the students.  

 




 

The remaining items on the City Manager’s Report were informational only, as followed:

 

  • Special City Council meeting on February 18, 2021 at 5:30 p.m. - Purpose: Community Development Block Grant
  • Special City Council meeting on February 27, 2021 at 9:00 a.m. - Purpose: Fiscal Year 2022 Strategic Planning Community Conversation
  • Special City Council meeting on February 27, 2021 at 5:30 p.m. - Purpose: Fiscal Year 2022 Strategic Planning workshop with staff

 

The aforementioned special City Council meetings would be held at City Hall. 

 




 

CITY ATTORNEY’S REPORT - None.





 

With no further business to discuss, the meeting adjourned at 11:02 p.m.