Regular City Council - July 12, 2022

City Council

Regular Meeting

July 12, 2022

The City of Titusville City Council met in regular session on Tuesday, July 12, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr. and City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff. Sr. Administrative Assistant Emily Campbell completed the minutes. 

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Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, Assistant City Clerk Jolynn Donhoff read the procedure for public comment and participation. 

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APPROVAL OF MINUTES 

Motion: Member Nelson moved to approve the minutes of the regular City Council meetings on April 12, 2022, April 26, 2022 (6:30 p.m.), and May 24, 2022 (6:30 p.m.), as submitted. Vice-Mayor Jordan seconded the motion.

The motion carried unanimously. 

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City Manager Larese stated that staff requested to withdraw Item 12E - Automotive Servicing and Truck/Vehicle Rental in Downtown Mixed Use (DMU) - Downtown Subdistrict.

Motion: Vice-Mayor Jordan moved to withdraw Item 12E - Automotive Servicing and Truck/Vehicle Rental in Downtown Mixed Use (DMU) - Downtown Subdistrict, as requested by staff. Member Nelson seconded the motion.

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS

Titusville Cocoa Airport Authority – City Manager Larese advised that the request was to appoint one regular member to the Titusville-Cocoa Airport Authority for a term to expire on July 11, 2025.

Regular Member Roger Moliter expressed his willingness and desire to continue to serve on the Titusville Cocoa Airport Authority with a term to expire on July 11, 2025.

Motion: Vice-Mayor Jordan moved to reappoint Roger Moliter as a regular member to the Titusville-Cocoa Airport Authority for a term to expire on July, 11, 2025. Member Nelson seconded the motion. The roll call vote was:

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

       Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

The motion carried unanimously.

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Historic Preservation Board – Toni Shifalo presented the Historic Preservation Board's semi-annual report. No action was required.

Ms. Shifalo reviewed the accomplishments of the Historic Preservation Board the past six months. 

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

William Klein stated that council approved projects that the citizens of Titusville did not support in the past. Mr. Klein asked Council to focus on approving projects that supported protecting the environment. 

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Stan Johnston discussed a records request that he sent to Water Resources Director Sean Stauffer for any evidence that the Florida Department of Environmental Protection told the City to leave the fountains on at Sand Point Park after the sewage spill in December of 2020.

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CONSENT AGENDA

Assistant City Clerk Jolynn Donhoff advised that there was one card submitted for Item G and seven cards submitted from one individual.

City Manager Larese read Consent Agenda items A through I, as followed:

Nathan Slusher said that the City should not have laws to enforce the Code Enforcement Liens if the City needed to reduce the cost of the liens because Citizens could not afford to pay them.

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Stan Johnston discussed a canal near Interstate 95. He stated that there was a Federal Emergency Management Agency law for the canal to be maintained, yet it was overgrown. Mr. Johnston stated that he was in support of Items 8E, 8F, and 8G. Mr. Johnston asked Council to require that the City maintain the canal. 

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Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B, C, D, E, F, G, H and I in accordance with recommendations. Member Nelson seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION – None.

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ORDINANCES-FIRST READING 

Ordinance No. 26-2022 - Amending the Stormwater Management Utility Ordinance to Clarify Procedures – City Attorney Broome read Ordinance No. 26-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE STORMWATER MANAGEMENT UTILITY ORDINANCE; AMENDING PORTIONS OF ARTICLE V OF CHAPTER 21, UTILITIES, OF THE CODE OF ORDINANCES; AMENDING SECTIONS 21-272, 21-273, 21-275 AND 21-276. CITY CODE, AND CREATING SECTIONS 21-274, 21-277, 21-278, AND 21-279, CITY CODE, TO CLARIFY THE PROCEDURES FOR MODIFYING THE STORMWATER UTILITY FEE ASSESSMENT; PROVIDING FINDINGS, RATIFICATION, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE, for the first time by title only. 

This was the first reading. The second reading and public hearing was scheduled to be conducted by City Council on July 26, 2022 at 6:30 p.m.

The City's current stormwater management utility fee was collected as a non-ad-valorem assessment, which was outlined in the current Code. Staff prepared this ordinance to clarify the procedures associated with the stormwater assessment process, by incorporating the processes and procedures for modification of the assessment and collection.

Stan Johnston stated that Public Works Director Kevin Cook was doing a very good job. Mr. Johnston stated that properties that had storm water systems should have utility fee exemptions.

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Rezoning Application (REZ) No. 1-2022 Jennifer Drive - City Attorney Broome read Ordinance No. 27-2022 - 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 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (R-2) TO THE SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL (R-1B) ZONING DISTRICT FOR PARCELS LOCATED ON EAST SIDE OF JENNIFER DRIVE, APPROXIMATELY 0.95 ACRES IN SIZE, HAVING PARCEL ID NUMBERS 21-35-33-00-583, 21-35-33-00-584 & 21-35-33-00-585; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only.

The public hearing was scheduled for the regular City Council meeting on July 26, 2022 at 6:30 p.m. 

On July 6, 2022, the Planning and Zoning Commission considered this item and recommended approval with staff's recommendations, 7-0.

The applicant and owner, Lawrence P. Graham, requested to rezone three parcels located on the east side of Jennifer Drive from the Multifamily Medium Density Residential (R-2) zoning district to the Single-Family Medium Density (R-1B) zoning district. The parcels total approximately 0.95 acres. The rezoning was requested to allow construction of two detached single-family homes.

Community Development Director Peggy Busacca stated that Multifamily Medium Density Residential (R-2) previously allowed patio homes or single-family homes, but the Land Development Regulations does not allow as currently written. The applicant requested the zoning change to allow him to build single family homes on the parcels. 

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Small Scale Comprehensive Plan Amendment with Rezoning (SSA) Application No. 2-2020 - The Cottages - City Attorney Broome read Ordinance No. 15-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE DESIGNATION FOR APPROXIMATELY 9.7 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY U.S. 1 AND THE DAIRY ROAD INTERSECTION WITH PARCEL ID NUMBER 21-35-28-00-279, FROM THE COMMERCIAL HIGH INTENSITY FUTURE LAND USE DESIGNATION TO THE RESIDENTIAL MEDIUM DENSITY FUTURE LAND USE DESIGNATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only.

and 

Ordinance 16-2022 - AN ORDINANCE AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 15 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF THE HIGHWAY U.S. 1 AND DAIRY ROAD INTERSECTION WITH PARCEL ID NUMBER 21-35-28-00-279, FROM THE COMMUNITY COMMERCIAL (CC) ZONING CLASSIFICATION TO THE PLANNED DEVELOPMENT (PD) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item.

On April 26, 2022, City Council tabled the public hearing for this item to July 26, 2022 at 6:30 p.m.

The Planning and Zoning Commission, acting as the Local Planning Agency, would consider this item at their regular meeting on July 20, 2022.

The applicant resubmitted the master plan. According to the applicant the main difference in the revised plans were the additional buffering on the west and south sides of the site in response to comments from the community. The playground/tot lot was also spelled out on the plan. The enhanced buffering and opaque fence along the industrial area remains intact.

The City Council tabled this to a public hearing on July 26, 2022 in order to meet the date set for the public hearing. It was necessary to conduct the first reading of the two required ordinances at this meeting prior to consideration of the amended plan by the Planning and Zoning Commission.

Bob Koch, an architect with Fugleberg Koch in Winter Park, Florida, stated the he was the architect and one of the sponsors for the project. Mr. Koch presented a report. The presentation highlighted as follows: 

• Area Qualities 
• Aerial View
• Mixed Use Development Proposal 
• Residential Market Factors 

Mayor Diesel informed Bob Kock that most applicants presented their reports at the second reading and he would be able to finish his report at that time.

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OLD BUSINESS – None. 

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NEW BUSINESS 

Selection Committee Recommendation to the Council of Three Ranked Firms for Independent Auditor Services and Authorize Negotiation with Top Ranked Firm - City Manager Larese advised the request was for Council to accept the rankings and final recommendation of the ranked CPA Firms responding to Request for Proposal 22-P-033/LR, Independent Audit Services for the City of Titusville; Establish a Negotiation Committee; and Authorize Negotiation of a Contract with the Council Selected Firm. It was also requested that the Council authorize the Mayor to execute the subsequent negotiated contract, not to exceed the maximum annual fees proposed, and upon review and approval from the City Attorney's Office. In addition, authorize the City Manager to sign any and all renewals.

Motion: Vice-Mayor Jordan moved to approve James Moore & Company as the CPA for the City of Titusville’s Independent Audit Services and establish a Negotiation Committee and authorize the Mayor to execute the subsequent negotiated contract, not to exceed the maximum annual fees proposed, and upon review and approval from the City Attorney's Office. In addition, authorize the City Manager to sign any and all renewals, as recommended. Member Nelson seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

The motion carried unanimously.

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Advisability - Purchase of Modular Fire Station with the use of Impact Fund Fees - City Manager Larese advised the request was to approve advisability to initiate the process of utilizing impact fees for the purchase of a modular fire station to be put in service at 1100 John Glenn Blvd. Estimated costs are approximately $414,000.

The City of Titusville experienced rapid commercial and development growth in areas that lack sufficient Fire Department coverage. Specifically, the areas of new development in the south of the City. These increases were a direct result of new commercial and residential developments. Placing a modular fire station at the location of 1100 John Glenn Blvd would put these geographic areas of concern well within an acceptable response time. Therefore, an additional Fire Station in the south end of the City was needed due to increased impact generated by the new residential and commercial construction in the given location.

The impact funds would be utilized to cover the cost of this new facility, not to exceed $414,000. The associated expenses included: professional services, site utilities, parking lot improvements, building, and permitting/impact fees. There may be costs that are not applicable to Impact Fees. When the quote was received, costs would be evaluated for fees not applicable to Impact Fees, which would have to be absorbed by General Fund at that time. Upon approval of advisability, an RFP would be issued outlining the scope of the project, criteria for evaluating entries, and the bidding process. Once the RFP was issued and bidding process complete approval to move forward with the project would be requested from council, which would include a budget amendment.

Fire Chief John Hustoles stated that the City has a service they need to provide to South Titusville and the modular Fire Station would accomplish that service. Chief Hustoles stated that he applied for a Staffing for Adequate Fire and Emergency Response (SAFER) grant for nine fire fighters and he would know soon if the City was awarded the grant. If the grant was not awarded, the Fire Department would request additional personnel next fiscal year. 

Motion: Vice-Mayor Jordan moved to approve advisability to initiate the process of utilizing impact fees for the purchase of a modular fire station to be put in service at 1100 John Glenn Blvd. Estimated costs are approximately $414,000, as recommended. Member Nelson seconded the motion. The roll call vote was:

Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously.

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Stormwater Services Assessment Report - City Manager Larese advised the request was to accept the presentation and Stormwater Services Assessment Report.

The annual stormwater assessment was collected using the non-ad valorem assessment method. This Assessment Report, focused on identifying the revenue requirements to phase in and fully fund the citywide capital stormwater projects within the City for a five-year period beginning with Fiscal Year 2022-23 and developing a methodology that fairly allocated the costs to properties that specifically benefit from the provision of stormwater services or demand stormwater services from the City.

Public Works Director Kevin Cook and Deputy Public Works Director Sandra Reller provided the Stormwater Services Assessment Report. The presentation highlighted as follows:

• History
• Action Seeking Tonight
• Consumer Price Index
• Summary of Assessment
• Rate Comparison (Local)
• Rate Comparison (Local and Peers)
• Where was the FY23 budget being used?
• Personal Services
• Operating Expenditures
• Capital Improvement Projects
• Impact of budget on CIP projects
• FY18-22 CIP Expenditures 
• FS 403.9302 – 20 Year Needs Analysis 
• 2023-2027 Projections
• FY 23-28 Rate Projections

Motion: Vice-Mayor Jordan moved to approve the Stormwater Services Assessment Report, as recommended. Member Nelson seconded the motion. The roll call vote was:

                             Member Stoeckel                    Yes

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously.

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City Manager Larese stated that the attorney representing the firm for Item 12F - Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling, was about ten minutes away and wanted to speak on this item. Staff requested moving this item after the City Attorney’s report. 

Motion: Member Nelson moved to hear item 12F - Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling after the City Attorney’ s report. Vice-Mayor Jordan seconded the motion. The motion carried unanimously. 

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North Brevard Economic Development Zone Fiscal Year 2022-2023 Proposed Operating Budget (City Contribution) - City Manager Larese advised the request was to review and approve the North Brevard Economic Development Zone Fiscal Year 2022-2023 Proposed Operating Budget (City Contribution).

On April 26, 2022, City Council requested additional information from staff regarding a citizen

request to allow automotive servicing and truck/vehicle rental in the Downtown Mixed Use (DMU) Downtown subdistrict.

Executive Director of the North Brevard Economic Development Zone Board (NBEDZ) Troy Post provided the NBEDZ proposed operating Budget to Council.

Motion: Vice-Mayor Jordan moved to approve the North Brevard Economic Development Zone Fiscal Year 2022-2023 Proposed Operating Budget (City Contribution), as recommended. Member Nelson seconded the motion. The roll call vote was: 

                             Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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Automotive Servicing and Truck/Vehicle Rental in Downtown Mixed Use (DMU) - Downtown Subdistrict – Council pulled this item from the agenda (per staff’s request).

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Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling - This item was moved after Item 16A – Right to Clean Water Proposed Charter Amendment.

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

Elizabeth Baker stated that she was a new resident of Titusville, Florida. Ms. Baker stated that she has been a volunteer for Fight for Zero for several years. Ms. Baker discussed the published reports of the 2014 Per- and Polyfluoroalkyl Substances (PFAS) test for the City of Titusville’s drinking water. Ms. Baker recommended that all drinking water reports should be online for the public to easily access them. 

Water Resources Director Sean Stauffer stated that the results from the 2014 PFAS testing were available on the City’s website. Water Resources also produced a consumer confidence report each year that gave a detailed description of all the tests conducted on the drinking water, which was also available on the website. 

Council stated that they wanted all of the drinking water test results available on the City of Titusville website.

In response to petitioners concerns on Per- and Polyfluoroalkyl Substances (PFAS) in drinking water and based on the discussion, City Manager Larese advised that staff would provide a presentation on PFAS at the City Council meeting (Presentation Meeting) on July 26, 2022 at 5:30 p.m.  

The discussion at the meeting reviewed information and questions on information posted on the City’s website and available to the public, what had changed since a 2014 PFAS analysis, the Environmental Protection Agency (EPA) modified health advisories and requirements for PFAS, how the EPA collected data, analysis of PFAS was completed every 10 years, the cost of testing, testing was completed by a laboratory or agency with specific or qualified capabilities to sample and test for PFAS, other compounds that were tested, there was more than one type of PFAS, the public being provided the same data that the City and Council received, PFAS was found in more than drinking water, PFAS was a stable molecule that was hard to destroy, being proactive on these matters, etc. 

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Stel Bailey stated that she was a co-facilitator of the National PFAs Contamination Coalition, where she works with experts and scientists on a national level. Ms. Bailey stated that the Environmental Protection Agency announced that the PFAs chemicals were more dangerous at lower levels. 

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MAYOR AND COUNCIL REPORTS

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

Mayor Diesel thanked staff for the Red, White and Boom Fourth of July fireworks event. 

Mayor Diesel thanked Marcia Gaedcke for her twenty-five years of service to the Titusville Chamber of Commerce.

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Council Reports –

Vice-Mayor Jordan thanked Water Resources Director Sean Stauffer for the educational tour of the reclamation plant.

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Member Nelson stated that she viewed the construction renovation of the sewer plant and said that it was educational.  

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Member Robinson stated that he was going on the tour with Water Resources Director Sean Stauffer next week to view the reclamation plant.

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City Managers Report – City Manager Larese submitted his written report.

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City Manager Larese reminded council of the August 16, 2022 Budget Workshop at 5:00 p.m., the September 14, 2022 first public hearing at 5:30 p.m., and the September 22, 2022 final public hearing at 5:30 p.m.

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City Attorneys Report 

Right to Clean Water Proposed Charter Amendment Petition - In the event that the Charter Amendment Petition acquires sufficient signatures for placement on the ballot for the November election, authorize the City Attorney's Office to retain Attorney Clifford B. Shepard of the law firm of Shepard, Smith, Kohlmyer & Hand, P.A., to file a declaratory decree or other appropriate legal action to determine whether the language contained in the Charter Amendment Petition was preempted by F.S. 403.412(9)(a) and legally sufficient for placement on the ballot.

The proposed Charter Amendment seeks to have the following language placed in the City Charter, to wit:

"3. Remedies. Any resident of Titusville may bring a legal action, in the name of the resident or in the name of the Waters of Titusville, in a court of appropriate jurisdiction to enjoin violations of

the right to clean water. Remedies shall include injunctive relief to enjoin the violation and monetary damages to restore the waters to their pre-damaged state."

Florida Statute 403.412(9)(a) provides that:

"A local government regulation, ordinance, code, rule, comprehensive plan, charter, or any other provision of law may not recognize or grant any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that was not a person or political subdivision as defined in s. 1.01(8) or grant such person or political subdivision any specific rights relating to the natural environment not otherwise authorized in general law or specifically granted in the State Constitution".

City Attorney Broome stated that on July 5, 2022, an Orange County Circuit Court ruled that a new provision of the Orange County Charter entitled Right to Clean Water Standing in Enforcement, which conferred rights on bodies of water within Orange County and contained language very similar to the proposed Charter Amendment language for Titusville was preempted by Florida Statute 403.412(9)(a) and must yield to that statute to preempt local regulation of this subject. 

Accordingly, the proposed Charter Amendment appears to be preempted by Florida Law and prohibited from being a part of the City Charter.

City Attorney Broome stated that in the event the petition secures sufficient signatures to be placed on the ballot, he recommended that council authorize the City Attorney’s office to retain Sniffen & Spellman, P.A. to file a declaratory decree or other appropriate legal action asking the Court to rule as to whether the proposed Charter Amendment was preempted by State law and legally sufficient for placement on the ballot.

City Attorney Broome distributed a copy of a retainer letter from Sniffen & Spellman, P.A. and a copy of a judicial order in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case No. 2021-CA-004420-O.

Kate Perez stated that it was not decided if the proposed Charter Amendment was legal or illegal yet. Ms. Perez stated that the proposed Charter Amendment was not the same as the Orange County proposed Charter Amendment. 

Thomas Perez stated there was a sufficient number of signatures for placement on the ballot for the November election. Mr. Perez stated that they did what was required to get the petition on the ballot and demonstrated that there was a wide support from the citizens of Titusville for the right to clean water. 

Toni Shifalo stated that Titusville’s petition differed from the Orange County petition. The Citizens of Titusville demand the right to have clean water and Orange County citizens attempted to give the legal standing to the water. Ms. Shifalo stated that the proposed Charter Amendment was written clearly and if there were serious questions of preemption, they should have been addressed by the attorney earlier in the process.

Laurilee Thompson stated that a lot of citizens go to the Blue Heron Water Reclamation Plant to view the birds. Ms. Thompson asked what happened to the plants in the ditch by KFC, because it appeared that pesticides were sprayed on the plants, which would go into Sandpoint Park and eventually into the Indian River Lagoon.  

Greg Hullinger stated that he signed the petition and commended everybody at the meeting for doing their job. Mr. Hullinger stated that although everybody wanted clean water, it was not about fighting each other to get it. It was about a whole lifestyle change. 

Motion: Vice-Mayor Jordan moved to authorize the City Attorney's Office to retain Sniffen & Spellman, P.A. to file a declaratory decree or other appropriate legal action to determine whether the language contained in the Charter Amendment Petition was preempted by F.S. 403.412(9)(a) and legally sufficient for placement on the ballot, in the event that the Charter Amendment Petition acquires sufficient signatures for placement on the ballot for the November election, as modified and recommended. The modification included a change in the City retaining legal counsel from the law firm of Sniffen & Spellman, P.A., instead of the attorney and law firm that was initially indicated in the City Attorney’s Report (Clifford B. Sheppard). Member Nelson seconded the motion. The roll call vote was: 

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously.

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Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling - Review and approve the Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling.

On June 14, 2022, at the regular City Council meeting, Council tabled consideration of Conditional Use Permit No. 2-2022, Independence Recycling, to allow time for staff to prepare a Request for Proposal (RFP) for a firm to review the CUP and review of the report prepared by the applicant's expert.

Community Development Director Busacca discussed the scope of services, that included the following tasks:

In addition, the RFP states that the City was seeking a proposer with licensure in the State of Florida and familiarity with local environmental conditions in Brevard County.

Community Development Director Busacca distributed and reviewed proposed language provided by the City’s engineer for the Council’s consideration. The City’s engineer recommended that the licensed Florida engineering firm have experience in environment evaluation and environmental risk management. Staff felt that the experience would help address the issues related to health as mentioned by Council. In addition, it was recommended that the firm demonstrated experience in the applicable Department of Environmental Protection (DEP) regulatory programs and knowledge in the recycle aggregate concrete plants or other bulk material operations. City Council also requested that the chosen engineering firm had familiarity with local environmental conditions in Brevard County.   

Member Nelson stated that she was looking for any impact related to the Indian River Lagoon, ground water, or wells in the area.

Laurilee Thompson thanked council for addressing the concerns of the citizens. Ms. Thompson stated that the soil type in Titusville had the highest propensity for ground water contamination of all the soil types in Florida and she supported stronger language in the CUP regarding the impacts on the ground water. Ms. Thompson asked that the expert witness chosen have experience in geology and ground water.

Tara Tedrow stated that it would be helpful if Council asked the expert witness to watch and review the video of the June 14, 2022 public hearing and reviewed the testimony that was given at that hearing.

Nathan Slusher stated that he believed that operational management was missing from the discussion. Mr. Slusher stated that it was not a new company and council was able to review the applicant’s other concrete plants. 

Motion: Member Nelson moved to review and approve the Request for Proposal (RFP) – Consultant to review Conditional Use Permit No. 2-2022, Independence Recycling as recommended by staff and with the additional and following changes made by the Council: 

1. In RFP Section III, Scope of Services, add a comma in Item No. 1, at the location of, “…as well as impacts to the Indian River Lagoon, and ground water quality “,/comma” and any impacts to nearby drinking water wells”.
2. 1. In RFP Section III, Scope of Services, modify language in Item No. 4, as followed: “ The licensed Florida engineering firm with experience in geology,   environmental evaluation…”. 
3. Require the selected firm of the RFP to review the video of the regular City Council meeting of June 14, 2022, specifically for the (entire) discussion on Conditional Use Permit Application No. 2-2022, Independence Recycling.

Member Robinson seconded the motion. The roll call vote was: 

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Yes

The motion carried unanimously.

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With no further business to discuss, the meeting adjourned at 9:29 p.m.