Regular City Council - October 25, 2022 at 6:30 PM

City Council 

Regular Meeting

October 25, 2022

The City of Titusville City Council met in regular session on Tuesday, October 25, 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 6:53 p.m., not 6:30 p.m., due to the regular City Council meeting at 5:30 p.m. ran late. 

Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., and City Council Members Lo 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 Jolynn 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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MINUTES

Motion:

Member Nelson moved to approve the minutes of the regular City Council meetings on September 13, 2022, September 27, 2022 (5:30 p.m.), and September 27, 2022 (6:30 p.m.), as submitted. Vice-Mayor Jordan seconded the motion and the motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

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BOARDS AND COMMISSIONS

Historic Preservation Board – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to appoint three (3) regular members and one (1) alternate member to the Historic Preservation Board with terms to expire on October 31, 2024. The terms of Regular Members Dennis Jones, Toni Shifalo, Deborah Petyk, and Alternate Member Kirk Davis were due to expire on October 31, 2024. Each of these individuals indicated their desire to continue serving on the board. There were no other applications on file for the Council’s consideration.

Motion:

Member Nelson moved to reappoint Dennis Jones, Toni Shifalo, and Deborah Petyk as regular members of the Historic Preservation Board, for terms to expire on October 31, 2024. The motion also included reappointing Kirk Davis as an alternate member of the Historic Preservation Board, for a term to expire on October 31, 2024. Vice-Mayor Jordan 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – 

Stan Johnston distributed information. He expressed his dissatisfaction and concerns about a sewer spill he advised occurred during Hurricane Ian (September 28-29, 2022).  

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Joe Hill expressed concern regarding the repairs of the pedestrian light not working at Hamilton Avenue and Hopkins Avenue, sidewalks and bike trails north of TitusLanding near Titusville High School, etc. 

Public Works Director Kevin Cook provided an update in response to Mr. Hill’s concerns. 

Member Nelson requested Council be updated on the progress of the repairs. Vice-Mayor Jordan and Public Works Director Cook discussed sidewalk repairs. 

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Tim Hansting expressed concern of the timing for the red light located at the intersection of Riverside Drive and U.S. Highway 1 across from River Palms Condominiums and in front of the Titusville High School. It sometimes took waiting and a couple of light changes (cycles) to be able to turn at this intersection. 

Public Works Director Cook advised he could forward the concern to the Florida Department of Transportation (FDOT) for their review. The City had some discretion to adjust the red light, but it did not have complete jurisdiction to adjust the FDOT’s other design parameters for FDOT traffic lights. Member Stoeckel and Public Works Director Cook discussed her questions on whether development project traffic studies (in general) evaluated the type of scenario mentioned by Mr. Hasting. 

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CONSENT AGENDA

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

Toni Shifalo submitted a public speaking card on Consent Agenda Item A. She commended Sustainability Planner Rachel Muller on her knowledge on the environment. Second, Ms. Shifalo  advised that the Tree City USA Certification had many requirements and the implementation of the requirements were championed by many stakeholders. Third, she advised that the Titusville Environmental Commission (TEC) researched and discussed issues thoroughly. 

Kathleen Perez submitted a public speaking card on Consent Agenda Item A. She confirmed the that Titusville Environmental Commission (TEC) acted as the City’s tree board. Second, she confirmed that the City spent at least $2 per capita on Urban Forestry. Third, she commented on the TEC’s recommendations and concerns about the public’s health, in relationship to burning tree stumps at development sites, etc. 

Stan Johnston submitted public speaking cards on Consent Agenda Items B, F, G, H, I, J, K, L, M, N, and O. He also distributed information. Mr. Johnston reviewed why he was opposed to Consent Agenda Items B, F, G, H, and I, and why he was neutral on Consent Agenda Items J, K, L, N and O.  

Motion:

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

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

Member Robinson                  Yes

                                                Member Stoeckel                    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 – None. 

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OLD BUSINESS – None. 

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NEW BUSINESS

Brookshire - Partial Re-Plat - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve the partial re-plat for Brookshire Subdivision. City Manager Larese advised that the Brookshire Final Plat was approved on May 10, 2022 and it was subsequently recorded into the public records of Brevard County. The Brookshire Project was a 166 single-family home subdivision located west of Interstate-95 and north of Garden Street. The development was approximately 80 acres and had an overall density of 2.05 units per acre.

During the review of the as-built closeout documents, which were received after the Final Plat’s recordation, staff became aware that a portion of Avi Court was built consistent with the approved site plan; however, the road was not correctly shown on the original Final Plat. Therefore, a partial re-plat was required per Florida Statutes to show the east jog in the roadway. Included in the Council agenda packet was the partial re-plat as well as the recorded Final Plat that showed the area of Avi Court subject to the partial re-plat.

The final plat re-plat was consistent with the preliminary plat, as required by the City’s Code of Ordinances, Chapter 34 “Procedures”, Article III “Subdivisions”, Division 5 “Plat”, Section 34-171 “Definition” (not Section 34-17 indicated in the Report to Council). 

To the above, staff recommended that Council approve the Brookshire subdivision re-plat, as consistent with the requirements of Code Section 34-17 requiring conformity to the approved preliminary plat, the platting requirements of Florida Statutes, Chapter 177, the City’s Comprehensive Plan, and the City’s Code of Ordinances/Land Development Regulations.

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

Community Development Director Brad Parrish indicated a typo in the agenda packet. He advised the proposed re-plat was required to be consistent with Section 34-171 (not Section 34-17) of the City’s Code of Ordinances, as well as Florida Statutes, Chapter 177, and the City’s Comprehensive Plan. 

Per Member Nelson’s request for more information on the proposal or change to Avi Court, Community Development Director Brad Parrish reviewed details on page 224 of the Council agenda packet. 

Stan Johnston submitted a public speaking card. He expressed concerns on another plat and survey for an unrelated project. He further commented on his concerns on the City’s Codes for driveways, etc. 

The applicant did not rebuttal any comments. 

Motion:

Vice-Mayor Jordan moved to approve the partial re-plat for Brookshire Subdivision, as recommended. Member Nelson seconded the motion and the roll call vote was:

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

Member Robinson                  Yes

                                    Member Stoeckel                    Yes

Member Nelson                      Yes

The motion carried unanimously.

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Titusville Environmental Commission’s (TEC’s) Recommendation - Replace the Landscaping Technical Manual Tree List - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to consider the TEC’s recommendation and provide direction on replacing the current tree list in the City's Technical Manual with the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) Native Keystone Species list.

At the August 10, 2022 regular Titusville Environmental Commission (TEC) meeting, the TEC recommended City Council replace the current tree list in the City's Technical Manual with the Native Keystone Species list to the Grow in Brevard County list provided by UF/IFAS Brevard Extension. The Native Keystone Species list and the Technical Manual were included in the Council agenda packet. 

At the September 15, 2022 regular Titusville Environmental Commission (TEC) meeting, the TEC amended the motion to include the Sabal Palmetto in addition to the Native Keystone Species list. The motion also recommended that any occurrence of "nuisance" tree be replaced with "prohibited" tree. 

Council discussion ensued. Member Nelson desired comparing the UF/IFAS Native Keystone Species list and the City’s Technical Manual. She believed it had been several years since the City’s tree list was updated. Mayor Diesel supported this idea. Member Robinson and staff discussed his questions on how changing the City’s Technical Manual or tree list might impact developers (pros, cons, etc.). Community Development Director Brad Parrish indicated it may be important to distinguish understory trees and overstory trees in the categories of the City’s Codes. 

Toni Shifalo submitted a public speaking card. She requested the Council direct the TEC to conduct the research on this matter. 

Kathleen Perez submitted a public speaking card. She reviewed why requiring native tree species was important to the environment and the health of all vegetation or trees in the community. She also felt the City should not allow developers to remove large oak trees and replace them with small palm trees. Ms. Perez commented that the City wanted to be known as a “tree town”. 

Member Stoeckel felt the City was going in the direction discussed by Ms. Perez. She desired receiving additional information, before making a decision. Member Nelson supported this and for the reason of taking time and carefully categorizing any new or amended Code requirements. Mayor Diesel added that additional work and communication was necessary with others, before the Council might enforce new or amended Code requirements on the tree list. 

Laurilee Thompson submitted a public speaking card. She commended City Sustainability Planner Rachel Muller on her work on the City’s Sustainability Report (draft). Ms. Thompson read from a prepared statement that reviewed Titusville’s tree canopy protection ordinance, her recent attendance at a low impact development conference, trees were incredible consumers of stormwater, Brevard County’s natural treasures found in the National Wildlife Refuge and elsewhere, providing habitat for local birds and wildlife, etc. Additionally, Ms. Thompson requested the Council adopt UF/IFAS Extension Agent (local agent) Sally Scalera’s list on plants that would grow in Titusville and/or combine the best recommendations from both the UF/IFAS Native Keystone Species list and the City’s Technical Manual. 

In addition, Ms. Thompson believed that wild date palms had been removed from the City’s Code via the adoption of a prior ordinance, which was correct. 

Stan Johnston submitted a public speaking card. He supported the recommendations. He also commended City Sustainability Planner Rachel Muller on her work. 

Joe Hill submitted a public speaking card. He also distributed information. Mr. Hill supported the recommendations and the use of native tree species, for reasons he explained; however, Mr. Hill advised that not all of the plants on the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) Native Keystone Species list could survive in Titusville’s temperate zone which he explained. Additionally, Mr. Hill reviewed his knowledge, research, and experience in the native plant business. 

Member Nelson indicated her confidence in UF/IFAS Extension Agent Sally Scalera (local agent) and her knowledge on these matters. Mayor Diesel commented on the substantive amounts of information that was involved. 

Motion:

Member Nelson moved to direct staff to take the Titusville Environmental Commission’s (TEC’s) recommendation and incorporate it into the current tree list in the City’s Technical Manual. The desire was not to replace the current tree list in the City’s Technical Manual; however, incorporate the TEC’s recommendation to modify the current tree list.  Member Stoeckel seconded the motion for discussion.

Member Stoeckel advised that when removing plants with or prone to diseases or mentioned by the TEC, she would not want these species included in the City’s Technical Manual. One example was the wild date palm, which Council removed from the City’s Code via the adoption of an ordinance earlier in the year. 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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Titusville Environmental Commission’s (TEC's) recommendation to establish a Stormwater Monitoring Program - City Manager Larese highlighted information provided in the Council agenda packet. He advised that the Titusville Environmental Commission (TEC) recommended the City pursue a Request for Proposal (RFP) to establish a stormwater monitoring program. The TEC indicated the program should be open to consultants and university graduate programs and it should be funded with $50,000. The following were the findings of facts for the TEC’s motion:

1. The Indian River Lagoon (IRL) needed to be restored.
2. The City of Titusville had 18 outfalls that discharge into the Indian River Lagoon (IRL).
3. It was important to the health and welfare of our City and our citizens to know and understand how outfalls affected the IRL, so necessary corrective action could be taken.
4. The Blue Green Algae Task Force recommended the development and implementation of a stormwater system inspection and monitoring program, with the goal of identifying improperly functioning and/or failing systems, so that corrective action could be taken to reduce nutrient pollution and other negative environmental impacts.

City Manager Larese advised that on January 25, 2022, City Council approved the award of a work order to Geosyntec Consultants, Inc. to provide engineering services associated with the preparation of a Stormwater Capital Improvement Project (CIP) Master Plan. The project would include a thorough inventory of stormwater management and drainage features and structures and identification of flooding and water quality problem areas as well as, areas which may be impacted by future changes in climate variables such as, sea level rise and changes in rainfall intensity. The work order for the first phase would include a water quality assessment and CIP plan to guide the City’s water quality projects for the next ten (10) years. It was staff’s recommendation not to move forward with additional water quality monitoring until this Master Plan was completed and to revisit the request, if the consultant recommended any additional water quality monitoring.

City Manager Larese added that staff did not feel $50,000 was enough to accomplish the program recommended by the Titusville Environmental Commission (TEC). If Council did wish to move forward with the recommendation, staff would need to cancel other proposed or budgeted project(s) or equipment. If Council desired implementing the proposal into a multiyear project, the Council or City would need to evaluate the City’s stormwater rates. 

Member Stoeckel and staff discussed her questions on what items the TEC desired having tested, how the TEC proposed having the City track and monitor harmful nutrients in stormwater, etc.

Sustainability Planner Rachel Muller advised that the TEC wanted to test nutrients (like phosphorus and nitrogen) and pollutants at the source or entry point where they entered the Indian River Lagoon (IRL). More information was included in the Council agenda packet on processes that were already taking place or related to stormwater quality monitoring requirements, etc. The indication to staff was the TEC may desire monitoring above and beyond what was proposed or occurring. 

Public Works Director Kevin Cook highlighted the scope of work that was to be performed by Geosyntec Consultants, Inc., for the preparation of a Stormwater Capital Improvement Project (CIP) Master Plan. 

Toni Shifalo submitted a public speaking card. She felt the City was not completing sufficient testing. She advised that experts tested stormwater outfall areas and found issues with nutrients and pollutants. She questioned whether the City was testing these types of areas on a regular basis. Ms. Shifalo also believed the TEC wanted to stop pollution at the source, before it could enter the Indian River Lagoon (IRL). 

Kathleen Perez submitted a public speaking card. She felt the City was resistant to the requested testing and she felt the City had a reputation for dumping sewage into the IRL. To fund the TEC’s recommendations, Ms. Perez indicated the City should discontinue participation in the North Brevard Economic Development Zone. Instead, she desired scientists’ complete studies on these matters, not politicians. Additionally, Ms. Perez advised there was an uptick in bacteria in stormwater, following the recent hurricane. 

Mayor Diesel read from information on page 277 of the Council agenda packet, which included

Currently water quality monitoring in the Indian River Lagoon was conducted by the St. Johns River Water Management District, Florida Department of Environmental Protection, Ocean Research and Conservation Association, FAU – Harbor Branch, U.S. Geological Survey, among others. This data was collected and sent to the Florida Department of Environmental Protection for inclusion in Basin Management Action Plan (BMAP) data analyses and adaptive management evaluations. The water quality data was analyzed periodically to determine trends in water quality in the lagoon. This information was publicly available and was used to update the BMAP, which provided the City guidance in determining water quality projects to implement. Enclosed is Section 2.4 “Water Quality Monitoring” of the most current BMAP for the North Indian River Lagoon [adopted February 17, 2021 FDEP Final Order No. 21-0082].

Mayor Diesel advised that the aforementioned agencies were concerned with testing the water quality in the Indian River Lagoon. He asked Ms. Perez if she knew exactly what the Titusville Environmental Commission (TEC) wanted to test. Ms. Perez indicated Laurilee Thompson should answer this question. 

Laurilee Thompson (Chairperson of the Titusville Environmental Commission) submitted a public speaking card. She distributed a picture of a grassy shoreline located away from where stormwater might drain into the Indian River Lagoon (IRL). She further read from a prepared statement. Ms. Thompson advised that the aforementioned agencies that monitored the IRL’s water quality, used equipment or kilroys located out in the middle of the IRL, not at the exact entry points where stormwater drained into the IRL. 

Ms. Thompson disagreed with the concept that the City might not consider additional studies, until after the completion of the Stormwater Capital Improvement Project (CIP) Master Plan. Ms. Thompson felt the TEC’s recommendation or concerns should be studied simultaneously with the Master Plan. Additionally, Ms. Thompson supported the Blue Green Algae Task Force’s recommendations. 

Stan Johnston submitted a public speaking card. He commented on concerns for spending funding carefully, prior sewer spills, fully understanding the complexity of these problems, etc. 

Member Robinson asked how many other cities located along the Indian River Lagoon (IRL) tested the sources or point of entries where stormwater entered their sections of the IRL. Staff believed it was none or few, but this question would need to be researched. 

Second, Member Robinson asked whether the City wanted to know about the quality of water at the location points where stormwater entered the Indian River Lagoon (IRL). He commented on the design of stormwater ponds and the benefit they provided. He also felt the City was doing a great job by all thus far to protect the Indian River Lagoon (IRL). 

Public Works Director Cook reviewed information on the Basin Management Action Plan (BMAP)---a plan prepared by PhDs and research scientists, for the Department of Environmental Protection (DEP). The BMAP indicated that the Indian River Lagoon (IRL) was impaired and it was caused by an issue with phosphorus and nitrogen. Multiple agencies (like Titusville) were assigned load allocation responsibilities they must address within three decades. In 2021, this timeframe was extended to 2036, because the project load was so heavy. 

Public Works Director Cook advised that one of the reasons the DEP extended the timeframe for agencies to complete their load allocation requirements, was based on the Spatial Watershed Iterative Loading (SWIL) model, which identified specific geographical areas for where or how much nitrogen and phosphorus was coming from each outfall area or section of land. The SWIL model was also accepted by the State. The City used the SWIL model and loaded it into every basin in the City, so the City did know how much nitrogen and phosphorus was coming from each outfall area. 

Public Works Director Cook further advised that the results of using the SWIL model would result in different samples for each rain event, because each rain event was not the same. It depended on activities in the community, such as if citizens living upstream used fertilizers, washed cars, or anything that flowed from citizens’ yards prior during a particular rain event. These chemicals or nutrients ended up in the City’s stormwater system. The time of year could also cause differences in the amount of chemicals or nutrients coming from the various areas and stormwater pipes. Samples taken from the same pipe at different times during the year could also vary in results. 

Public Works Director Cook advised that staff previously sampled stormwater that encountered baffle boxes (above and below the boxes) and this proved that baffle boxes were efficient. For example, he explained that if a 1,000 pound load of nitrogen flowed through a stormwater baffle box over the span of one year, 80% or 800 pounds of the 1,000-pounds was removed through baffle box filters. Public Works Director Cook referred to this as verification modeling testing. Design testing procedures were put in place at locations like the Senior Center, Draa Field, and other places and data was collected on the efficiency of the stormwater system at these locations. Then, if the State or the DEP concurred with the City’s reporting or data on the City’s removal of the nutrients, the State would issue credits to the City or which was updated on the BMAP. 

In addition, Public Works Director Cook reviewed information on the following:

• Sharing nutrient (phosphorus and nitrogen) load responsibilities with Brevard County, for the north end of the IRL
• The SWIL model assisting with identifying efficiencies
• The BMAP, water quality goals, and achieving efficiencies (consistency desired)
• Reduced loads for 12 of 18 City basins (having some measures of protection).
• More studies and improvements, such as the prior installation of baffle boxes at three large basins in the City
• The City receiving data and the State and DEP checking data every year, along with multiple agencies coming together for an annual update 
• Spatial Watershed Iterative Loading (SWIL) model parameter changes, shifts in area of emphasis, such emphasizing testing during the rainy season versus the dry season
• The City’s end goal or annual end goal(s) staying the same (such as removing 30,000 pounds of load) 
• Annual reporting requirements to the DEP
• The possible shift in focus to other nutrients and pollutants, such as suspended solids. The original target and removal models were based on removing phosphorus and nitrogen
• As an example of cost, the City’s prior verification modeling testing of four (4) stormwater outfall areas cost $100,000 and 10 samples per outfall. Performing these same tests on all 18 City outfall areas would result in a significantly higher cost

Member Robinson thanked Public Works Director Cook for the information. Member Robinson looked forward to better and evolving methods to remove pollutants from the Indian River Lagoon (IRL). He felt the City was doing its best with the available funding and methods of combat the issue. 

Public Works Director advised that there was a substantial portion of the budget allocated to water quality. Staff utilized every advancement in technology that was possible to work toward these goals and stormwater management, too. He commented on the importance of Geosyntec Consultants, Inc. providing engineering services associated with the preparation of a Stormwater Capital Improvement Project (CIP) Master Plan and identifying projects for several years, which could be ready for grant funding agencies to consider. 

Member Robinson desired saving the $50,000 that was proposed by the Titusville Environmental Commission’s (TEC’s) proposal, until technology was better. 

Member Stoeckel questioned whether there was an issue with communication. She was unsure if the TEC was aware of the information shared by Public Works Director Cook. Member Stoeckel felt it was important to regularly communicate through outlets like social media to alert the citizens on efforts the City was taking to address issues like this one. Communication with the public would also convey information on funding, the City’s care and actions being taken on concerns, etc. Also, with regular communication to the public, Member Stoeckel questioned whether citizens would continue to show up at Council meetings as much, if their concerns and questions were already being anticipated and addressed via various methods of communication.  

Vice-Mayor Jordan commented on the TEC caring and wanting to do the right thing. He felt that studies should have end dates, because he felt the City and other agencies would need to have data to act on to address some end result to affect the greater goal of cleaning the IRL. To date, the greatest concern was phosphorus and nitrogen. He also commented on the lack of flow or movement of the lagoon and this being an issue, smart use of available funding, etc. 

Member Nelson confirmed with Public Works Director Cook the tasks and estimated timeline that Geosyntec Consultants would provide a report for the first phase of the aforementioned scope of work (estimated for January 2023). Nitrogen and phosphorus were the main emphasis of the consultants’ work. The scope was also useful to securing grant funding. Additionally, Member Nelson desired receiving a presentation by Dr. Charles Jacoby of the St. Johns River Water Management District on water quality monitoring, seagrass, recommendations, etc.

Mayor Diesel agreed on waiting on making decisions to complete additional testing, until Geosyntec Consultants had provided a report for the first phase of the aforementioned scope of work. He felt Titusville was also taking these matters more seriously and was ahead of other cities in taking action on the health of the Indian River Lagoon (IRL), such as the City had more baffle boxes than nearby cities. Mayor Diesel added he was inspired by Ms. Thompson’s photo of seagrass. 

Mayor Diesel and Public Works Director Cook discussed his questions on testing, challenges with reports of pollution at point sources and varying situations, water quality testing, a robust testing model that tested a great magnitude of pollutants could not be completed with $50,000, testing all outfall areas at the same moment was a challenge, not all rain events were the same, prior research of “auto samplers” and all outfall areas twice per year cost approximately $500,000, kilroy equipment was much more expensive (the State presently sponsored those costs), the City balancing the use of its budget and using some of the budget for tangible infrastructure improvements, etc. 

Motion:

Vice-Mayor Jordan moved to recommend not moving forward with the additional water quality monitoring until the Stormwater Capital Improvement Project Master Plan was completed and revisit the request, if Geosyntec Consultants recommended any additional water quality monitoring.  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.

Council requested a presentation from Dr. Charles Jacoby of the St. Johns River Water Management District on water quality monitoring, seagrass, recommendations, etc.

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

Laurilee Thompson advised the recent hurricane (Hurricane Ian) was not good for the Indian River Lagoon (IRL). She advised that filtered stormwater or freshwater that flowed (in abundance) into the IRL from stormwater outfall areas, etc. was terrible for the health of the IRL, because the lagoon was a closed system, with no circulation. Additionally, Ms. Thompson advised that with eventual sea level rise, stormwater management equipment would stop working how it was designed. To mitigate these concerns, she advised that low impact development practices would help some, but also agencies should engineer ways to divert stormwater runoff to the west or to forested wetlands.

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MAYOR AND COUNCIL REPORTS

Mayor's Report – Mayor Diesel submitted his written report. He highlighted a presentation that he gave at Park Avenue Christian Academy (PACA) on behalf of a student that made a video regarding the importance of making a difference, caring, and clean-up of the Indian River Lagoon. 

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Council Reports – 

Member Robinson commented attending fundraisers on behalf of the Boys and Girls Club, encouraging the betterment of young people through their growing-up, commending people that gave their time and resources to others, etc. 

Member Robinson also commented on attending an online (virtual) seminar on housing, one concept discussed of not in my back yard (NIMBY), being careful as a Council when making a decision and the public that may be against a proposal based on how it may affect their environment, housing shortages were expected to get worse, etc. 

Mayor Diesel commented on attending the same online seminar as Member Robinson. One point of view was from the development side and the other was about having balance and hearing from the public. Mayor Diesel advised that the difference between affordable housing and conventional housing was also discussed and the difference was financing, not price.  

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Member Nelson advised the Boys and Girls Club was celebrating their one-year anniversary. The actual anniversary date was December 1, 2021.   

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CITY MANAGER’S REPORT

City Manager's Report – City Manager Larese submitted his report. 

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2023 Legislative Priorities – The City Council’s 2022 Legislative Priorities were included in the Council agenda packet. City Manager Larese requested Council review, edit, add, or delete items to the 2022 priorities, as they desired, in an effort to create the City’s 2023 Legislative Priorities. Once the Council determined their 2023 priorities, they would be submitted to the City’s State Legislative Delegation. The 2022 Legislative Priorities included:  

• Restoration of the Indian River Lagoon
• Support of Vocational Training Incentives
• Commercial Space
• Smoking Ban in Public Parks 
• Widening of State Road 405 (Dr. Martin Luther King, Jr. Boulevard)
• Increased Funding for Trail System and Economic Development
• Support of Home Rule
• Support for Housing Supply Options

Council briefly reviewed and edited the City Council’s 2022 Legislative Priorities. Member Stoeckel recommended removing the smoking ban in public parks.   There was no objection from City Council.

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

• 2022 City Manager Evaluation Reports by City Council 
• Christmas parade – Saturday, December 10, 2022 at 6:00 p.m., Downtown Titusville 

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CITY ATTORNEY’S REPORT – 

City Attorney Broome provided an update on the filing of a declaratory judgement with regard to the proposed Right to Clean Water Charter Amendment and Petition.  City Attorney Broome advised that the pleadings were being amended to address the preemption issues and address the ballot language for consistency with the Florida Statutes, which required it to be clear and unambiguous.  He also advised that he would provide the information to Council once completed and notify the Council on the date for the hearing with the judge.  Council acknowledged and there was no objection from Council.

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With no further business to discuss, the meeting adjourned 9:25 p.m.