Regular City Council - January 10, 2023

City Council

Regular Meeting

January 10, 2023

The City of Titusville City Council met in regular session on Tuesday, January 10, 2023, 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 Joe C. Robinson, and City Council Members Herman Cole, Jr. Col USAF Retired, Jo Lynn Nelson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. 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, City Clerk Wanda Wells read the procedure for public comment and participation. 

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APPROVAL OF MINUTES – None. 

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City Manager Larese advised that item 10A - Small Scale Comprehensive Plan Amendment (SSA) No. 7-2022 with Annexation, Diamond Oaks was withdrawn, per the applicant’s request.

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SPECIAL RECOGNITIONS & PRESENTATIONS –

Titusville Fire Department Vision, Mission, Values & Rebranding – City Manager Larese advised that the Titusville Fire Department was presenting a new vision, mission, and values. Additionally, rebranding initiative would be presented, and promotional video would be viewed. No action was requested.

Fire Chief John Hustoles stated that in the past year, the Fire Department had undergone positive and needed changes that had to do with the growth of the community, as well as matching the forward thinking of the City.

Fire Chief Hustoles provided a presentation to Council. The presentation highlighted as follows:

• Leading Change
• Guiding Coalition Timeline
• Phase II Timeline

• Vision, Mission, Values
• Honoring the past by moving into the future

The rebranding video was also played for council.

Council thanked Fire Chief Hustoles for the presentation and rebranding video.

Vice-Mayor Robinson asked Fire Chief Hustoles how the new image would help with the recruiting efforts. Fire Chief Hustoles stated that the new image had many positive changes and allowed the cadets coming out of the academy to know that the City was a progressive Fire Department that had great equipment, administration, and firefighters that cared about each other.

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BOARDS AND COMMISSIONS –

Planning and Zoning Commission and Titusville Environmental Commission – City Manager Larese advised that the request was to accept the resignation of one of the dual members of the Planning and Zoning Commission and the Titusville Environmental Commission Linwood “Woody” Rice for an unexpired term that expired on November 30, 2024 for the Titusville Environmental Commission and on January 31, 2024 for the Planning and Zoning Commission.

Stan Johnston discussed staff reports and stated that water flows downhill. Mr. Johnston discussed flood zones in the City of Titusville, etc.

Motion: Member Nelson moved to accept the resignation of Regular Member Linwood “Woody” Rice from the Titusville Environmental Commission with an unexpired term that expired on November 30, 2024 and from the Planning and Zoning Commission with an unexpired term that expired on January 31, 2024, with regrets.  The resignation was effective on December 9, 2022. Member Cole seconded the motion. The roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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Board of Adjustments and Appeals - City Manager Larese advised that the request was to accept the resignation of Board of Adjustments and Appeals Alternate Member Jonathan van Zyll de Jong for an unexpired term that will expire on July 31, 2023. The resignation was effective on January 2, 2023.

Stan Johnston stated that he attended the Board of Adjustment and Appeals meetings and discussed a survey of S&J Oaks and driveways on Mockingbird Lane, etc.

Motion: Member Nelson moved to accept the resignation of Board of Adjustments and Appeals Alternate Member Jonathan van Zyll de Jong for an unexpired term that will expire on July 31, 2023, with regrets. Member Stoeckel seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously.

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Planning and Zoning Commission Recommendation - City Manager Larese advised that the request was to accept the Planning and Zoning Commission's recommendation to investigate a citizen's concern about clearing and shoreline erosion at the Tranquility Phase I single family development site.

On January 4, 2023, a citizen requested that the Planning and Zoning Commission investigated clearing and shoreline erosion at the Tranquility property in possible violation of the City's Code and conservation easements. The Commission approved a motion recommending the City Council investigate the citizen's concerns. 

Community Development Director Brad Parrish stated that an inspector walked the site and provided photographs. The inspector stated that nothing had happened as far as any kind of improvements or clearing on the east side of the old road US-1 on that property toward the shoreline. The majority of the damage was due to the hurricanes, and they also discovered that there was a St. Johns Water Management District permit that was received to stabilize the shore according to the standards of the St. Johns Water Management District, but they have not started any work. Community Development Director Parrish stated that they would continue to monitor the situation.

Vice-Mayor Robinson asked who was responsible for the area and if there was anything that the City could do to protect the property. Community Development Director Parrish stated that there was a development agreement with a master plan that stipulated that there should be a shoreline buffer and as part of that, they were required to have easements included with the plat that was approved for the phase one subdivision that included a division of shoreline for about seventy (70) lots. The preservation easement was supposed to be along each one of the shoreline properties. According to the site development permit, to go forward with the completion of improvements, they would need to make sure that the shore was stabilized. Community Development Director Parrish stated that if they did not follow their permits, it would become a code enforcement issue.

Mayor Diesel asked Community Development Director Parrish to keep council updated on this particular issue. 

Stan Johnston stated that he attended the Planning and Zoning Commission meeting where this item was discussed. Mr. Johnston stated that City Council should have contacted Honeycutt & Associates, Inc.   

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

Stan Johnston discussed an email that he sent to the City Manager. Mr. Johnston also discussed the police officers that attend the City Council meeting, etc.

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Derrick Burse stated that he was requesting a change in the City Code of Ordinances Section 28-52 that stated the definition of marijuana. Mr. Burse stated that he recently obtained his license to cultivate hemp, but the City Code grouped hemp and marijuana together.

City Attorney Broome stated that the City had a code that prohibited the cultivation of marijuana, which was defined as any part of the marijuana plant, that included hemp.

Member Nelson stated that she was not in support of changing the City Code.

Member Stoeckel stated that she was not in support of changing the City Code at this time.

Vice-Mayor Robinson stated that he had a background with preventing marijuana from entering the Country and he was not in support of the growth of marijuana in the City.

Member Cole stated that he did not have enough information to make an informed decision.

Mayor Diesel stated that council was not in support of changing the City Code at this time.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there were eight cards submitted from one individual and two cards submitted from another individual.

City Manager Larese read Consent Agenda items A, B, C, D, E, F, G, H, I, J, K, L, M and N, as followed:

Toni Shifalo discussed Item 8G - Budget Amendment to Cover Outside Counsel Legal Fees. Ms. Shifalo asked about the $50,000. City Manager Larese stated that the $50,000 was coming out of the unrestricted account.  Ms. Shifalo asked why the City Attorney needed outside council for City business. Ms. Shifalo stated that the Governor Desantis allocated a million dollars to the Indian River Lagoon restoration and she wanted the City to receive some of the funds, etc. 

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Stan Johnston stated that he was not in support of Consent Agenda Items 8B and 8F. Mr. Johnston discussed the sewage leak that occurred in Sand Point Park in December 2020. Mr. Johnston discussed the water towers that were removed in Titusville and asked how they were removed, etc.  

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Mayor Diesel called for recess from 7:50 p.m. to 7:52 p.m. 

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Motion: Member Nelson moved to approve Consent Agenda items A, B, C, D, E, F, G, H, I, J, K, L, M and N in accordance with recommendations. Member Cole seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

                                    Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

Ordinance No. 4-2023 - Amending the Code of Ordinances, Section 2-29, 2-87, and 2-181 - 2nd Reading – City Attorney Broome read Ordinance No. 4-2023 amending Chapter 2, Administration, Article II, City Council, Section 2-29, Execution of certain legal instruments; amending Article IV, Officers and Employees, Section 2-87, Budget preparation and administration; amending Article V, Financial Matters, Division 2, Local Preference Purchasing, Section 2-181, Purchases restricted; to clarify and provide uniform language, granting additional authority to the City Manager, and increase the bidding threshold; and providing for an effective date.

Staff was updating the City's Purchasing Manual. As part of a review of procedures and policies accepted in other municipalities and local agencies, staff requested a change to the current authority level of the City Manager as it relates to purchase orders and contracts.

Currently the Code established the City Manager's approval authority to amount not greater than

$15,000, effective August 24, 2004. This approval authority threshold established the City's formal bid threshold. A change in Code from this amount to an amount not greater than $25,000 would ensure consistency with the surrounding municipalities. 

The new threshold would put the City more in line with our peers across Central Florida and Brevard County. While the bid threshold would change, all other Purchasing Guidelines and applicable City policies would remain the same.

The first reading of Ordinance No. 4-2023 was held on December 13, 2022.

Stan Johnston stated that he was not in support of this item. Mr. Johnston stated that he did not think this was responsible, etc. 

Motion: Vice-Mayor Robinson moved to approve Ordinance No. 4-2023 - Amending the Code of Ordinances, Section 2-29, 2-87, and 2-181, as recommended. Member Nelson seconded the motion. The roll call vote was:

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously.

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ORDINANCES-FIRST READING 

Small Scale Comprehensive Plan Amendment (SSA) No. 7-2022 with Annexation, Diamond Oaks - This item was withdrawn. No action was requested.

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Ordinance No. 5-2023 Stormwater Technical Manual Ordinance – City Attorney Broome read Ordinance No. 5-2023 Amending Chapter 37 “Definitions”, Section 37-1 “Definitions” to amend the definition of legal positive outfall; Amending Chapter 30 “Development Standards”, Sections 30-207 “Area Of Critical Concern Performance” by amending retention and discharge requirements for all development sites, and 30-208 “Pervious Pavement Standards In The Area Of Critical Concern” to include pervious pavement standards for development outside of the area of critical concern and amending references for internal consistency; and amending Section 7 “Stormwater Management Technical Manual”, by amending Section 7.4 “Stormwater Management Design Criteria” relating to “Legal Positive Outfalls”, pollutant discharge. pond design, model and stormwater design criteria, and low impact development; providing for grandfather provisions, severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This was the first reading. The public hearing was scheduled for the regular City Council meeting on January 24, 2023 at 6:30 p.m.).

The Planning and Zoning Commission considered this ordinance on January 4, 2023 and recommended approval, 5-0.

On May 26, 2020, the City Council approved advisability for staff to review the Land Development Regulations to encourage redevelopment. The staff recommended that stormwater regulations specifically related to design standards in the Area of Critical Concern and general pervious pavement standards were updated to provide clarity and ease of use. The City adopted Technical

Manuals and Specifications to provide specific design details in support of the Land Development Regulations. Pervious pavement standards were recognized as a Low Impact Development Best Management Practice. The existing pervious pavement standard should be transferred to the Low Impact Development Technical Manual to increase ease of use of this development incentive. Design standards in the Area of Critical Concern; specifically, related to elevations and minimum retention requirements would be updated consistently with the comprehensive plan.

Community Development Director Brad Parrish stated that the ordinance would clean up some items and requirements in the City’s stormwater regulations. An example was that it gives a better definition of what a legal positive outfall and addressed specifically when a 100-year versus a 25-year design requirement would be required. It also strengthened some of the requirements, such as prohibiting wet ponds in the area of critical concern.   

Stan Johnston stated that as an engineer, he designed many dry retention ponds in the City of Titusville and Brevard County and at that time, no retention pond could be deeper than two feet. Mr. Johnston stated that at S&J Oaks, the depth of the dry retention pond was four feet. Mr. Johnston stated that he had concerns for the change from two to four feet because of the drowning hazard. 

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Ordinance No. 6-2023, Modifications to Risk Management Program definitions, payment of claims, claim settlement, and additional risk sections of the ordinance – City Attorney Broome read an Ordinance of the City of Titusville, Florida, amending the Code of Ordinances by amending Chapter 2, article vii “Risk Management Program” to clarify expenses to be paid from the self-insured loss fund and to amend the threshold amount for settlement of claims by City Manager or designee; by amending section 2-229 “definitions”; section 2-231 “expenses and costs to be approved and paid from fund”; section 2-235 “claims/settlement authority”; and section 2-239 “additional risks”; providing for severability; providing for incorporation into the code; and providing for an effective date.

This was the first reading. The second reading and public hearing was scheduled for the regular City Council meeting on January 24, 2023 at 6:30 p.m.

The wording in the existing sections of the ordinance needed revision to bring consistency in the program and to clarify the practice used by the department in the payment of insurance carrier services and other similar vendors, the payment of claims and claim settlements to third-parties, and the payment of safety programs for the City.

Stan Johnston stated that he contacted Titusville Risk Management and requested the insurance company information, etc. 

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OLD BUSINESS – None. 

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NEW BUSINESS – 

Advisability - Conditional Use Permit requirement for single-family residences in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay – City Manager Larese advised that the request was to provide direction to staff regarding the advisability of removing the Conditional Use Permit requirement from the Open Space and Recreation (OR) Zoning District and the Wetland and Conservation Area (WCA) Overlay.

Mediation regarding Mr. and Mrs. Wright's Request for Relief was conducted on December 7, 2022. At the December 13, 2022 regular meeting, Council accepted the two options for consideration to resolve the Request for Relief. The options include (1) a petition for contraction (de-annexation) of the property back into the County and (2) rezone a small area of the property from the Community Commercial (CC) district to the Open Space and Recreation (OR). The latter option includes the removal of the Conditional Use Permit (CUP) requirement for single-family detached residences in the OR district and the Wetlands and Conservation Area (WCA) Overlay.

Staff was seeking direction from City Council as to removing the CUP requirement for single family residences in the Open Space and Recreation (OR) zoning district and the WCA Overlay by changing the zoning and overlay requirements in Chapters 28 and 29 of the Code. Additional sections may be reviewed based on the direction from Council and staff's analysis.

Member Nelson asked what the limitations were for the bed and breakfast in the Open Space and Recreation (OR) zoning district. Community Development Director Brad Parrish reviewed the conditions that were associated with it in Section 28-101. 

Community Development Director Parrish asked Council for direction and stated that the City could compare to other jurisdictions including Brevard County, which had specific standards for single-family homes that were inside wetlands with some limitations. Community Development Director Parrish stated that Council could give direction for certain things they were concerned about and staff would research it. 

Stan Johnston stated that this was a perplexing issue and he was surprised that there was so much discussion regarding it, compared to the topics that he brought up. 

Connie Milton stated that the Wetland and Conservation Area (WCA) Overlay was for protection of the wetlands. Ms. Milton stated that the CUP process should be used if a home was built inside the wetlands and it would directly impact the wetlands. If the home was built outside the portion of wetlands on the property in the uplands, then the limitations should be used. Ms. Milton stated that she would like to work with Community Development Director Parrish on the limitations. 

Diane Frogge stated that the previous property owners applied for a CUP in 2007 and they had three limitations that included (1) a minor division of the lot from the parent parcel, (2) submit a stormwater management plan during the building review and (3) In addition to the above-mentioned conditions the applicant would be required to comply with other criteria as necessary by the Florida Department of Environmental Protection and the St. Johns Water Management District. Ms. Frogge stated that she would support them not having a CUP, if they built on the uplands. 

Sandra Clinger stated that she was behind option (2) rezone a small area of the property from the Community Commercial (CC) district to the Open Space and Recreation (OR). Ms. Clinger stated that she had concerns with the removal of the CUP and the protection of the wetlands and asked for additional conditions. Ms. Clinger expressed her concern for flood storage, nutrient trapping, wildlife habitat, carbon sequestration, etc.   

Council directed staff to prepare an ordinance evaluating a tier system for Single Family Dwellings in the Open Space and Recreation (OR) Zoning District and the Wetland and Conservation Area (WCA) Overlay.   The tier system included having a limited use if the Single Family Dwelling was outside the wetland conservation area and required a Conditional Use Permit if the Single Family Dwelling was inside the wetland conservation area.  Staff would evaluate the setback for the Single Family Dwelling from the wetland conservation area.  In addition, Council supported the density requirement of 1 dwelling per 5 acres.

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Electric Vehicle (EV) Parking - City Manager Larese advised that the request was to consider the presentation and information provided by staff regarding electric vehicle parking requirements and provide direction.

At the December 13, 2022 regular meeting, Member Nelson expressed concern for condominium developments that forbid individuals from charging their vehicles. Member Nelson stated that Orlando changed their codes through an ordinance as it related to the charging issue. 

Council did not have any objection of staff reviewing the ordinance prepared by Orlando. 

In 2021, the Florida Statutes were amended to provide vehicle owners in condominium associations the ability to install a charging station in certain conditions. Section 718.113(8) provides that the association can not prohibit an owner from installing a charging station within the boundaries of the owner's limited common element parking area at their own expense.

The City of Orlando's EV Readiness code applied to new developments and substantial enlargements of commercial, commercial multifamily and industrial structures, and required:

• 2% of parking spaces to be equipped with EV charging stations and
• 10-20% of parking spaces to be built “EV Capable,” with dedicated capacity in the electrical panel and conduit running to future EV charging spaces.

The Orlando ordinance did not apply to existing development and did not require existing condominium associations to install EV stations.

Member Nelson stated that the City’s Sustainability Action Plan included electric charging stations for cars. 

Vice-Mayor Robinson stated that he did not believe the government should be mandating requirements for builders to include charging stations.

Member Stoeckel stated that she was not in support for mandating charging stations. 

Member Nelson stated that Florida Legislatures could mandate it at some point in the future and the City could have incentives for the builders and developers that included charging stations in their plans.

Mayor Diesel stated that this was a private sector issue and he did not want to mandate it. 

Member Cole stated that he was not in support of mandating charging stations.

Stan Johnston stated that gasoline was taxed to maintain and pave roads as well as to pay Florida Department of Transportation. Mr. Johnston stated that he was not in support of mandating new developments to include charging stations. 

Staff advised that they would come back to Council during the implementation (Phase III) of the Sustainability Action Plan, which would include a limitation matrix with all of the items that staff was proposing to be completed to assist in implementing the plan. It would include the ideal of an incentive package that may include Electric Vehicle (EV) stations.   Staff advised that there would still need to be things worked out at this phase.

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Outdoor storage in the DMU zoning district – City Manager Larese advised that the request was to consider the presentation and information provided by staff regarding outdoor storage in the Downtown Mixed Use (DMU) zoning district and provide direction.

At the December 13, 2022 regular City Council meeting, Rodney Honeycutt, represented the property owner of 1012 South Hopkins Avenue and requested that staff reviewed the Land Development Regulations pertaining to outdoor storage. Council did not support an advisability to prepare an ordinance change at this time; however, the Council did support Mr. Honeycutt’s request to bring back additional information.

Outdoor storage was permitted with conditions only in the Midtown sub-district. The conditions in Section 28-151 of the Code limited the type, placement and screening of outdoor storage in order to protect surrounding properties. They included limitations on flammable or explosive materials, a 300-foot setback from residentially zoned property, setbacks from property lines, and an opaque screen. The conditions limited the location of outdoor storage to a narrow area on Hopkins Avenue. Section 28-151 also prohibited outdoor storage from being located in the front or side yards along Hopkins Avenue.

Community Development Director Parrish reviewed the standards and what was allowed as far as outdoor storage in the zoning district. It was very restrictive because of the adjacent usage.

Member Nelson discussed the surrounding properties and stated that it was a commercial area. Member Nelson asked if it would be appropriate to make a 200-foot setback instead of a 300-foot setback from residentially zoned property, because of the Florida East Cost (FEC) Railroad that was in between the residential area and the property. 

Community Development Director Brad Parrish stated that the western boundary of the Community Redevelopment Agency was the Florida East Cost (FEC) Railroad. If Council was looking for modifications, they could include “unless adjacent to the FEC Railroad” or create limitation that only specific types of outdoor storage could have a lesser distance requirement. 

Mayor Diesel stated that the City did not want spot zoning and that concerned him.

Member Robinson expressed his concern for the residents on the other side of the FEC Railroad. The City put a 300 feet buffer there to help the residents living there and he wanted it to stay.  

Member Cole asked if it was possible for a wall to be built as a buffer. Community Development Director Parrish stated that one of the standards of the outdoor storage in this sub district said that it shall be enclosed by a solid fence or wall eight feet in height to conceal such facilities and contents thereof from adjacent properties and the fence should be ten feet from the property line, in addition to the 300 feet buffer. 

Stan Johnston submitted a card, but chose not to speak on this item. 

Rodney Honeycutt represented RV Direct, the property owner of 1012 South Hopkins Avenue. Mr. Honeycutt stated that the property was in the mid-town downtown district, and if you look at the other uses, they included vehicle storage. Adjacent to the south of the property was a new rental car and a car dealership, where they store their own vehicles. Mr. Honeycutt stated there were residential places adjacent Industrial Light Industrial Services and Warehousing (M-1) Districts in the City of Titusville that could be 75 feet away. Mr. Honeycutt stated that the Conditional Use Permit would give the neighbors the opportunity to express how they felt about the property. 

Motion: Member Nelson moved to approve advisability for staff to bring back additional information and propose alternatives prior to making an ordinance change. Member Cole seconded the motion. 

The motion carried 4-1. Vice-Mayor Robinson was opposed.

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

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MAYOR AND COUNCIL REPORTS

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

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Mayor Diesel stated that he attended Homeless Memorial Day with Member Nelson.

Mayor Diesel stated that he visited the Civic Center on Christmas Day and brought toys for the children. 

Mayor Diesel stated that there was a Martin Luther King celebration on Monday, January 16, 2023 from 12:00 p.m. to 5:00 p.m. at Isaac Campbell Park and he would provide the greeting. 

Mayor Diesels stated that on January 19, 2023 at 6:00 p.m. at Titusville High School, the Brevard Indian River Lagoon Coalition was hosting the Straight Talk Event. 

Mayor Diesel stated that on January 26, 2023, he would be attending the Titusville Chamber of Commerce Board of Directors meeting. 

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Council Reports –

Member Nelson stated that Santa Clause came to the Carter House for the Boys and Girls Club and the children enjoyed it. 

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Member Cole requested a proclamation for the National Day of Racial Healing on January 17, 2023.  Mayor Diesel agreed to prepare the proclamation.   

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Member Stoeckel stated that she was sworn in as the Treasurer for Space Coast League of Cities on Monday, January 9, 2023, and they voted on their top priorities that included: low impact development, coastal control measures, hardening utilities, the Indian River Lagoon funding and water quality, PFAS legislation, continued support of the space program and widening of State Road 405. 

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Member Nelson requested that Water Resources Director Sean Stauffer provided an update on Per- and polyfluoroalkyl substances (PFAS).  Council supported the request.

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

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City Manager Larese stated that on February 21, 2023, Kane and Associates would conduct an interactive public workshop to aid the City’s Comprehensive Plan adjustments.

City Manager Larese advised Council that there was a QR code attached to their packet for the resiliency survey. 

City Manage Larese advised Council that tomorrow on January 11, 2023, was the Brevard Delegation at 5:30 p.m. in Viera. 

City Manager advised Council that on Thursday, January 12, 2023, Council has the CBDG Special City Council meeting at 5:30 p.m. 

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City Attorneys Report – None. 

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