Regular City Council - July 26, 2022 at 6:30 PM

City Council 

Regular Meeting

July 26, 2022

The City of Titusville City Council met in regular session on Tuesday, July 26, 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 7:05 p.m., not 6:30 p.m. This was due to the regular City Council meeting at 5:30 p.m. for special recognitions and presentations ran late.

Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., City Council Members Jo Lynn Nelson, 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 Donhoff completed the minutes of the meeting. 

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. 

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APPROVAL OF MINUTES 

Motion:

Vice-Mayor Jordan moved to approve the minutes of the regular City Council meeting on May 10, 2022, as submitted. Member Nelson seconded the motion and it carried unanimously. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

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City Manager Larese advised that the applicants of Agenda Item 9 C - Conditional Use Permit (CUP) Application No. 4-2022 Sweet Peas Playpod withdrew their application. 

Motion:

Vice-Mayor Jordan moved to withdraw Agenda Item 9 C - Conditional Use Permit (CUP) Application No. 4-2022 Sweet Peas Playpod from the Council meeting agenda, based on the applicant’s request. Member Nelson seconded the motion and it carried unanimously. 

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BOARDS AND COMMISSIONS

Board of Adjustment and Appeals – The request was to reappoint two (2) regular members and one (1) alternate member to the Board of Adjustments and Appeals for two (2) year terms to expire on July 31, 2024. The terms of Regular Members Kristen Smith Rodriguez (Public at Large) and Thomas A. Taylor (Associated with Building Trades Ind.), and Alternate Member David Mandernack (Public at Large) were due to expire on July 31, 2022. Each individual had expressed their desire to continue serving on the Board. There were no additional applications on file. 

Motion:

Vice-Mayor Jordan moved to reappoint Regular Members Kristen Smith Rodriguez (Public at Large) and Thomas A. Taylor (Associated with Building Trades Ind.), and Alternate Member David Mandernack (Public at Large) to the Board of Adjustments and Appeals, for two (2) year terms to expire on July 31, 2024. Member Nelson seconded the motion and 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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North Brevard Economic Development Zone Dependent Special District Board – The request was to appoint one regular member to the North Brevard Economic Development Zone Dependent Special District Board for an unexpired term to expire on December 31, 2023. 

Jennifer Taylor commented on behalf of her application, knowledge, experience, and desire to serve on the Board. Applicant Bartholomew Gaetjens was unavailable. 

Council discussed the difficulty of choosing between the two applicants. 

Motion:

Vice-Mayor Jordan moved to appoint Bartholomew Gaetjens as a regular member to the North Brevard Economic Development Zone Dependent Special District Board for an unexpired term to expire on December 31, 2023. Member Stoeckel seconded the motion and the roll call vote was:

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

       Member Robinson                  No

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

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

Stan Johnston advised that he was involved or interested in a legal matter that would involve court and meeting with witnesses on the matter of a sketch plat and denying prescriptive rights or legal access to a property owner on Mockingbird Lane. Second, he expressed concern on the City installing particular underground infrastructure (type not clear), which he did not support. Third, Mr. Johnston expressed concern on the discussion at the regular City Council meeting on July 26, 2022 at 5:30 p.m. on Per-Polyfluoroalkyl Substances (PFAS). He disagreed with the parts per trillion (ppt) number for PFAS that was referenced in staff’s presentation. Instead, he advised that The Guardian (a publication) indicated there was 176 parts per trillion (ppt) of PFAS in the water. Mr. Johnston did not feel some individuals were listening to the information that he cited from The Guardian.

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CONSENT AGENDA

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

Bob Koch submitted a public speaking card. He waived his right to speak.

Stan Johnston submitted public speaking cards on Consent Agenda Items A, B, C, E, F, G, and H. He reviewed why he was against Consent Agenda Items A and H. He also reviewed why he was neutral on Consent Agenda Items B, C, E, F, and G. 

Motion:

Vice-Mayor Jordan moved to approve Consent Agenda Items A through H, in accordance with the recommendations. Member Nelson seconded the motion and 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

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 second time by title only. 

City Manager Larese highlighted the request provided in the Council agenda packet. 

Member Robinson and staff discussed his questions on the construction of the proposed ordinance. 

Mayor Diesel opened the public hearing.

Stan Johnston felt the City was violating numerous laws and he was displeased with some staff. 

As there were no additional persons that wished to speak, the public hearing was closed. 

Motion:

Vice-Mayor Jordan moved to approve Ordinance No. 26-2022, as recommended. Member Nelson seconded the motion and 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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Resolution No. 14-2022 - Vacate Right of Way (ROW) Application No. 1-2022, Orange Street –City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing and adopt Resolution No. 14-2022 vacating, abandoning, and discontinuing certain public streets for a portion of the public right-of-way of Orange Street and providing for an effective date.

The Planning and Zoning Commission considered this item on July 20, 2022 and recommended approval of ROW No. 1-2022 with the staff recommended conditions and the request by staff to change condition #1 to read All required easements (the rest of the condition remains the same) Approved 7-0.

Community Development Director Peggy Busacca distributed a revised copy of proposed Resolution No. 14-2022. She reviewed the purpose for the revisions to the proposed resolution. This was also distributed to the applicant. Member Stoeckel confirmed the revisions were acceptable to the Planning and Zoning Commission. 

Mayor Diesel opened the public hearing.

Robyn Hattaway, on behalf of applicant and attorney Kim Rezanka and representing the legal owners of the property, reviewed the history of the owners acquiring their property. She also reviewed the owners’ intentions for the right-of-way, if Council approved vacating the right-of-way.  

Vice-Mayor Jordan confirmed with Ms. Hattaway that the applicant and property owners were in agreement with the revised copy of proposed Resolution No. 14-2022.

As there were no additional persons that wished to speak, the public hearing was closed. 

Motion:

Vice-Mayor Jordan moved to approve Resolution No. 14-2022 and Right of Way (ROW) Vacation Application No. 1-2022, as recommended by staff and the Planning and Zoning Commission and with the following (underlined) revisions to Resolution No. 14-2022: Section 2 – No. 1 would read “All required easements are provided as required by the City of Titusville, Spectrum and Florida City Gas facilities in the area to be vacated in a form acceptable to each entity,” as recommended by staff and the Planning and Zoning Commission. Member Nelson seconded the motion and 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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Conditional Use Permit (CUP) Application No. 4-2022 Sweet Peas Playpod – Withdrawn by Council earlier in the meeting and based on the applicant’s request.

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City Attorney Broome read and reviewed the Quasi-judicial Rules of Procedure.

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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 second time by title only. 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing and second reading of Ordinance No. 27-2022 amending the zoning map made a part of said ordinance by reference by replacing the present Multifamily Medium Density Residential (R-2) zoning district to the Single-Family Medium Density (R-1B) zoning district for unplatted property located on the east side of Jennifer Drive.

On July 6, 2022, the Planning and Zoning Commission considered this item and unanimously (7:0) recommended approval.

Community Development Director Busacca reviewed information on the staff report provided in the Council agenda packet.  

Mayor Diesel opened the public hearing.

The applicant, Lawrence Graham, was available to answer any questions. There were none. 

As there were no additional persons that wished to speak, the public hearing was closed. 

Motion:

Vice-Mayor Jordan moved to approve Rezoning Application (REZ) No. 1-2022 and Ordinance No. 27-2022, as recommended. Member Nelson seconded the motion and the roll call vote was:

Member Robinson                  Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

City Attorney Broome clarified that the Council’s vote was based on Council finding the requested action was consistent with the City’s Comprehensive Plan and findings that the requested rezoning met the criteria pursuant to the staff’s recommendations. The indication was yes. 

The motion carried unanimously. 

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Small Scale Comprehensive Plan Amendment Application with Rezoning (SSA) No. 2-2020 – The Cottages –  This item was tabled at the regular City Council meeting of April 26, 2022 at 6:30 a.m. to the regular City Council meeting of July 26, 2022 at 6:30 p.m.  

City Attorney Broome read the following ordinances for the second time, as followed: 

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. 

Ordinance No. 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.

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing and second reading of the proposed ordinances for Small Scale Comprehensive Plan Amendment (SSA) Application No. 2-2020. 

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

On April 20, 2022 the Planning and Zoning Commission, acting as the Local Planning Agency, considered this request and tabled the item to their second meeting in July, per the applicant's request. The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request at their July 20, 2022 meeting and recommended approval changing the Future Land Use Map (FLUM) from the Commercial High Intensity Land Use designation to the Medium Density Residential Land Use designation. Approved with a 7-0 vote.

In addition, the Planning and Zoning Commission recommended approval of the rezoning from the Community Commercial (CC) zoning district to the Planned Development (PD) zoning district with the following three conditions:

1. Adding to 1.9 Roadway design / Traffic Circulation – (E) No access is allowed by automobile from the commercial site onto US Highway 1;
2. Change sentence two in 1.11 Natural Resources to read Heritage trees should to the extent possible be preserved. (delete the rest of language from the sentence); and
3. Change sentence in 1.12 Buffering / Screening 1. A 6-foot tall opaque fence or wall along the property line with an evergreen hedge that will grow to at least 6-feet within 2 years. 

The Planning and Zoning Commission’s motion was approved with a 5 yes, 2 no vote. The No votes were due to concerns with safety of children on sidewalk, crossing 4 lanes of traffic, lack of Homeowners Association, more traffic on Dairy Road, environmental concerns regarding the debris on the site, the density, and limited Americans Disabilities Act (ADA) access.

Council Members disclosed any communications and other information required by the Quasi-judicial Rules of Procedure. Each Council member also indicated they had not formed opinions on the requested actions. 

Community Development Director Busacca distributed one page with proposed, revised, strikethrough and underline language for Exhibit A of Ordinance No. 16-2022. Additionally, she reviewed information and staff recommendations on the staff report provided in the Council agenda packet. 

Member Nelson and staff discussed her questions on workforce housing availability, affordability, development costs and impacts, comparisons to other projects, compatibility with surrounding properties and their land uses, intensity and density, etc. 

Member Robinson and staff discussed his questions on whether the proposed development project would include or provide Section 8 housing (the federal government’s major program for assisting low-income families and others to afford housing). He also discussed the importance of good property management, some home owners did not want to mow a large lawn, making sure current residents were aware of proposed projects near their properties, etc.  

Mayor Diesel opened the public hearing.

Bob Koch, on behalf of Small Scale Comprehensive Plan Amendment Application with Rezoning (SSA) No. 2-2020 (The Cottages Project) and a developer, commented on his professional affiliations and involvements related to planning, teaching, consulting, and providing communities education on affordable housing. He also commented on inflation, housing costs in comparison to median income, etc. 

In addition, Mr. Koch gave a presentation that reviewed information on The Cottages Project (a community of duplexes and rental homes was the indication), area qualities, site qualities, aerial view, mixed use development proposal, residential market factors, residential product concept, unit floor plans, unit interiors, courtyard views from parking, typical dwelling facing courtyard, private yard, the site location, site plan concept, community amenities, accessibility features, summary and key considerations, financial investment, social considerations, etc. 

Member Nelson and Mr. Koch discussed her questions related to tree canopy, buffer(s), open space requirements, etc.  

Vice-Mayor Jordan and Mr. Koch discussed his questions related to rent costs for the proposed housing. Mr. Koch advised that the project’s housing rental costs were based on an annual household income of $40,000 to $60,000. Rent for a one bedroom would be under $1,000.  Two bedrooms would rent for approximately $1,350 to $1,400. Three bedrooms would rent for $1,700. 

Rodney Honeycutt, an engineer on behalf of Small Scale Comprehensive Plan Amendment Application with Rezoning (SSA) No. 2-2020 (The Cottages Project), commented on the history of the project, changes the developer made along the way to address concerns by others, the Planning and Zoning Commission’s recommendations on buffers near the residential, public and private utilities on site, traffic analysis, Americans Disabilities Act (ADA) accessible areas of the project, one individual that expressed concern for the safety of neighborhood children, sidewalks were planned for the project, etc.

Member Nelson and Mr. Koch discussed her questions on whether the developer considered 3-D printing construction for the proposed project. Mr. Koch advised that State and local Codes and engineering requirements did not acknowledge or allow for 3-D printing or the science for this type of construction. Mr. Koch felt State and local Codes had not yet caught up to current available construction technologies. 

Member Stoeckel and Mr. Honeycutt discussed her question on the developer’s last meeting with the community and the community’s feedback. 

Vice-Mayor Jordan commented on the project’s proximity to a nearby school and sidewalks. 

Kay St. Onge advised that she lived a half mile from the proposed project. She read from a prepared statement that reviewed her concerns on the compatibility of the proposed project to properties in the surrounding area, safety, the benefits that trees and tree canopies provided to communities, etc. Ms. St. Onge requested Council deny the request and proposed ordinances.  

Member Stoeckel and Vice-Mayor Jordan discussed the existing zoning of the subject site and whether the proposed project would preserve more tree canopy than a commercial project. Also discussed was the staff analysis of the proposed project’s compatibility to the property adjacent to the proposed project, which was heavy industrial (Brevard Lumber). 

Angie DeLoach-Morales distributed information. She and her family lived nearby and the surrounding area included agricultural properties. She did not agree with the information provided by the applicant’s representatives on prior community meeting discussions. She also advised she and others were not opposed to development of the subject site, but only they were opposed to the developer’s number of proposed units per acre. Additionally, Ms. DeLoach-Morales was concerned on the prior dumping of concrete and unknown items that took place at the subject site years ago. She was also concerned for asbestos in these materials. 

Vice-Mayor Jordan asked Ms. DeLoach-Morales to provide more detailed information on her concerns, which she advised were related to preserving the character and intensity of the surrounding area, which she felt could be accomplished by reducing the proposed number of residential units from 90 units to 45 units. Ms. DeLoach-Morales added that the neighborhood had been held to having or developing fewer residences; therefore, she felt the same should be imposed on the proposed project. 

In response to Mayor Diesel, Ms. DeLoach-Morales advised that she preferred single family homes be built on the site. She felt the proposed project was too intense and would affect the area’s character. For example, the oldest church in the County or the area was nearby, as well as homes that were approximately 150 years old. 

Vice-Mayor Jordan confirmed the property’s current zoning was commercial. 

Member Nelson and Community Development Director Busacca discussed her questions related to low density development requirements and the potential floor air ratio build-out that was presently allowed under the property’s commercial zoning. 

Steve Bridges expressed concern on traffic and safety in the area of Dairy Road. He supported a less intense project at the subject site.  

Community Development Director Busacca provided information on traffic generation rates for retail versus residential (or trips per day).  

Susan Naylor lived close to the subject site. She supported a less intense project at the subject site. She also expressed concern for traffic, if the proposed project was approved. 

Stan Johnston waived his right to speak. 

Mary Sphar read from a prepared statement. She reviewed her concerns on the project adhering to recent adopted tree protection regulations, the importance of canopy trees, and the developer creating a quality project. She did not support the proposed number of dwelling units. Instead, she desired the developer to reduce the allowable number of dwelling units and utilize any incentives provided by the City concerning trees.  

Mayor Diesel felt the proposed project was good and needed in the community; however, he was concerned for traffic in the area, including traffic at the nearby schools, both in the mornings and afternoons.  

Member Nelson felt the proposed project was good and needed in the community, but she wrestled with whether the project was compatible with nearby properties that consisted of heavy industrial, agricultural/rural, single family, etc. 

Member Stoeckel commented on her concerns and way of thinking anytime that the City Council was asked to consider amending the Future Land Use Map (FLUM). She felt a lower density residential project would be more compatible with the surrounding area. 

Mayor Diesel requested City Attorney Broome guide Council on the procedures the Council must follow when considering any such and quasi-judicial public hearing agenda items, to which the City Attorney advised the Council. 

Bob Koch, on behalf of Small Scale Comprehensive Plan Amendment Application with Rezoning (SSA) No. 2-2020 (The Cottages Project), offered rebuttal comments. He commented on the initial meeting with the community, which he believed was attended by 45 individuals, communities having initial opinions and being guarded on proposed projects, and his account that some individuals had acknowledged that he (the developer or project’s representatives) had completed items that the project’s representatives said they would do or complete. 

Second, Mr. Koch advised that one duplex was approximately the size of a single-family residential home, a one story tall dwelling was more compatible with the character of the neighborhood, trees were planned and the sidewalk was relocated to allow for more plans in the middle of the project, the area between dwellings could be used to plant trees, and the importance of building a humane and livable environment for residents. 

In addition, Mr. Koch felt a lower density project would be even more incompatible next to the neighboring heavy industrial property and that was located by a major highway and collector road. The subject property was currently zoned commercial and it could be developed now in a way that the community may perceive as more intense. If his project was not approved, the property owner would continue to market the property and a commercial project may be built in the future that the community may not want (indicating time would catch up to the property). 

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

Member Robinson and staff discussed his questions related to the requested actions and procedures that were required for the public hearing. 

Motion: 

Member Nelson moved to deny Ordinance No. 15-2022, because it was incompatible with the industrial land use next (adjacent) to the subject site. Vice-Mayor Jordan seconded the motion for discussion.

Vice-Mayor Jordan reviewed the Planning and Zoning Commission’s recommendations and vote. He supported the proposed project and Ordinance No. 15-2022, due to it was increasingly more difficult for the younger generations to afford housing.  This was an opportunity to support housing for everyone in the workforce. 

The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          No

Vice-Mayor Jordan                 No

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion to deny was approved and carried, 3 yes to 2 no.  Ordinance No. 15-2022 was denied. 

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Brief discussion ensued on the context of the aforementioned vote and its relationship or the formalities required for Council’s consideration of proposed Ordinance No. 16-2022. 

Motion: 

Member Nelson moved to deny Ordinance No. 16-2022, because it was incompatible with the subject site’s existing land use designation. Member Stoeckel seconded the motion and 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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At 9:45 p.m., Mayor Diesel called for a short recess. The meeting resumed at 9:54 p.m. 

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ORDINANCES-FIRST READING

Ordinance No. 28-2022 - Removal of Wild Date Palms (Phoenix sylvestris) as Canopy Trees – City Attorney Broome read Ordinance No. 28-2022 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO REMOVE WILD DATE PALMS (PHOENIX SYLVESTRIS) AS A PERMITTED CANOPY TREE BY AMENDING SECTIONS 30-393, “LANDSCAPE MATERIAL SIZE REQUIREMENTS (AT TIME OF PLANTING)” AND LANDSCAPING TECHNICAL MANUAL, SECTION 5.2 “TREES AND SHRUBS, CANOPY TREES (50’-100’ HT)”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. 

Stan Johnston submitted a public speaking card; however, he was not present to speak.

Kay St. Onge submitted a public speaking card. She read from a prepared statement that discussed lethal bronzing disease, which affected 21 species of palm trees. She requested Council’s support of proposed Ordinance No. 28-2022 for reasons that she explained. 

City Manager Larese highlighted the request provided in the Council agenda packet. He advised the Titusville Environmental Commission considered this ordinance on June 15, 2022 and recommended approval as written. The Planning and Zoning Commission considered this ordinance on July 20, 2022 and recommended approval of the Sylvester Palm Ordinance as presented. Approved 7-0. 

Ordinance No. 28-2022 was read by title only.  The public hearing was scheduled for the regular City Council meeting on August 9, 2022 at 6:30 p.m.

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OLD BUSINESS – None. 

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NEW BUSINESS

Automotive Servicing and Truck/Vehicle Rental in Downtown Mixed Use (DMU) - Downtown Subdistrict - City Manager Larese highlighted the request and information provided in the Council agenda packet. The request was for Council to provide direction to staff regarding automotive servicing and truck/vehicle rental in the Downtown Mixed Use (DMU) - Downtown subdistrict.

Community Development Director Busacca reviewed background information on the agenda item. The individual that previously petitioned the Council for this agenda item was not present. She reviewed information on the individual leasing property in the DMU and realizing that the property could not be used for auto detailing under the City’s Code. The individual also desired adding or having the ability to conduct truck rentals in the DMU. Staff felt the requested uses were not compatible with the character of the DMU subdistrict. To this, Community Development Director Busacca reviewed three options from the agenda packet that the Council might consider on this agenda item. 

Per Vice-Mayor Jordan’s request, staff reviewed and discussed the formal definition of the character of the DMU and subdistrict, specific geographical areas of the DMU and subdistrict, and locations of other similar businesses. Members Robinson and Nelson did not feel the proposed uses met the character of the DMU.  Mayor Diesel desired supporting individuals with their business goals; however, he was unsure if the property being leased and in question was compatible according to the Code or the character of the DMU.  

The Council did not take any action. 

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Proposed Tentative operating millage $7.2145 mils and Proposed Tentative Voted Debt Service Millage at  $0.2542 mils - City Manager Larese highlighted the request provided in the Council agenda packet. The request was for Council to set the proposed, tentative, Operating Millage rate for the Fiscal Year 2023 budget at $7.2145 mils, which was 13.48% above the rolled back millage rate of $6.3573 mils. The request also included Council setting the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.2542 mils. This was the maximum levy authorized by the Series 2005 General Obligation Bonds and was $0.5930 mils. 

In addition, the request included Council setting the first Public Hearing for September 14, 2022 at 5:30 p.m. at City Hall and the second and final Public Hearing on September 22, 2022 at 5:30 p.m. at City Hall.

Stan Johnston submitted a public speaking card; however, he was not present to speak. 

Motion:

Vice-Mayor Jordan moved to set the tentative operating millage rate for the Fiscal Year 2023 budget at $7.2145 mils, as recommended, which was 13.48% above the rolled back millage rate of $6.3573 mils. 

The motion also included setting the voted debt service millage rate (Riverfront Acquisition Referendum) at $0.2542 mils, as recommended, which was the maximum levy authorized by the Series 2005 General Obligation Bonds and was $0.5930 mils. 

In addition, the motion included setting the first public hearing on the Fiscal Year 2023 budget on September 14, 2022 at 5:30 p.m. at City Hall and the second and final public hearing on September 22, 2022 at 5:30 p.m. at City Hall, as recommended. 

Member Nelson seconded the motion. 

Mayor Diesel requested if the City Manager or his staff had any comments prior to the Council’s vote, to which City Manager Larese briefly reviewed the challenges on the proposed budget. Operating costs had increased by 32% and even though property values had increased by an estimated 15%, the proposed budget would not fully cover all needs. 

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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Utilization of American Rescue Plan Act (ARPA) Funds - 2nd Tranche - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to authorize staff to proceed with the 2nd round of projects using the 2nd tranche of $4,303,596 in ARPA funds received on June 16, 2022. Project descriptions met all Federal eligibility requirements as verified by the City’s external consultant, Government Services Group. Project descriptions were also provided in the agenda packet for Council’s review.

Member Robinson commented on criteria related to the coronavirus (COVID-19) pandemic and timelines. City Manager Larese advised that the City’s projects were sent to a third party consultant to verify if the projects met the criteria of the Federal funding. 

Member Nelson requested whether the farmer’s market could be relocated away or outside of the City’s historic downtown---the recent distribution location related to the American Rescue Plan Act (ARPA) and public financial assistance. She stated that businesses in the area reported to her they were losing business. The indication was that this request could be evaluated. 

Member Stoeckel and staff discussed her questions related to ARPA funding tokens, food pantry restocking program at the Harry T. Moore Social Services Center, and community meals. 

Stan Johnston submitted a public speaking card; however, he was not present to speak.

Motion:

Vice-Mayor Jordan moved to authorize staff to proceed with the 2nd round of projects using the 2nd tranche of $4,303,596 in American Rescue Plan Act (ARPA) funds received on June 16, 2022, as recommended. Member Nelson seconded the motion and 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. 

City Manager Larese advised that the priority structure recommendations on the use of ARPA funding went to the citizens or people first, then infrastructure projects that helped to keep water rates down. 

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Advisability to Cost-Share in Brevard County Property Appraiser GIS Upgrade Project – City Manager Larese highlighted the request and rationale provided in the Council agenda packet. The request was for Council to provide staff guidance regarding participation cost - share proposal requested by the Brevard County Property Appraiser to assist in funding the $2.4M (million) Brevard County geographic information system (GIS) software upgrade. The City of Titusville would be asked to contribute approximately $63,321 under the least expensive cost-share methodology.

Vice-Mayor Jordan and staff discussed his questions related to an unfunded mandate placed on property appraiser offices in the State to update their GIS systems, fairness in cost-sharing, the legal structure of the request was based on the parameters of using municipal funds, identifying a budget source, etc. 

The Council did not take any action. 

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

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MAYOR AND COUNCIL REPORTS

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

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Council Reports - 

Mayor Diesel commented on a small group of citizens that praised several areas and departments within the City. He also received feedback from one of his sons that recently bought a home in Titusville and his son’s friends (approximate age mid-thirties) on how pleased they were with activities and amenities that were available in the City.  

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Vice-Mayor Jordan advised that his father and his sister were in-town and staying with him during the next week. Per his request, each Council member (aloud) welcomed Mr. (Robert) Jordan, Sr. to Titusville. 

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Member Nelson commented on an individual (Pat Barnes) that was collaborating with the Police Department and providing classes on managing stress, family, finances, and more. 

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Member Robinson commented on his recent visit to the Osprey water treatment plant.

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report. All items pertained to the Fiscal Year 2023 Budget Workshop and Public Hearings Dates, as followed:

1. Budget Workshop – Tuesday, August 16, 2022 at 5:00 p.m.
2. First Public Hearing – Wednesday, September 14, 2022 at 5:30 p.m.
3. Second and Final Public Hearing – Thursday, September 22, 2022 at 5:30 p.m.

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CITY ATTORNEY’S REPORT 

City Attorney Broome provided a brief update to Council on the filing a declatory judgement with regard to the proposed Right to Clean Water Charter Amendment and petition. It was signed by a judge earlier in the day. He would continue to update Council when a hearing date was scheduled and as the matter progressed. 

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With no further business to discuss, the meeting adjourned at 10:28 p.m.