Regular City Council - March 14, 2023

City Council

Regular Meeting

March 14, 2023

The City of Titusville City Council met in regular session on Tuesday, March 14, 2023, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796.

xxx

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. 

                                                                           xxx              

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. 

xxx

City Manager Larese stated that staff requested Council considered Item 11B - Urban Tree Canopy Assessment after the approval of the minutes. 

Motion: Member Nelson moved to discuss Item 11B – Urban Tree Canopy Assessment after the approval of the minutes. Member Cole seconded the motion. The motion carried unanimously.

xxx

MINUTES –

Motion: Member Nelson moved to approve the minutes of the regular City Council meeting on January 24, 2023 (6:30 p.m.), as submitted. Member Cole seconded the motion. The motion carried unanimously.

xxx

Urban Tree Canopy Assessment – City Manager Larese advised that the request was to accept the findings and recommendations of the Urban Tree Canopy Assessment conducted by PlanIT GEO and consider staff's proposed strategies.

This item was presented to the City Council at the February 28, 2023 (5:30 p.m.) Presentations Meeting. The City of Titusville was awarded $17,000 through the Florida Forest Service to conduct an Urban Tree Canopy Assessment. The Consultant, PlanIT GEO LLC conducted the assessment and provided the City with a report and recommendations.

The results of this analysis can be used to develop a continued strategy to protect and expand Titusville’s urban forest. The report recommendations include the following:

The staff recommends addressing this as part of the comprehensive plan

amendment related to environmental policies. On April, 27, 2022, the City

Council directed the staff to draft an amendment. It is anticipated that this project

will begin in the Summer of 2023.

In 2017, a tree giveaway project was implemented in conjunction with the National Arbor Day Foundation's recognition of 15 years Titusville's participation in the Tree City USA program. The giveaway event was funded by a grant from the Florida Forest Service. A similar event in 2021 was funded by the City's Landscape Trust Fund. A new program could be implemented in neighborhoods identified as priority planting areas according to the canopy assessment report.

The City can seek another USDA Forest Service grant to develop public outreach and education materials about the benefits of an urban canopy and planting new trees.

The staff does not recommend purchasing the TreePlotter software. The software is $5,000 annually and requires extensive staff time and training to maintain. The City's GIS staff has the knowledge and expertise to utilize the report data. In addition, the assessment can be updated in five years with the assistance of a Forest Service grant. The five year update is based on a suggestion by staff from the University of Florida IFAS Extension Office and a similar assessment that was conducted for the City of Tampa.

Community Development Director Brad Parrish stated that the scope was very limited on what was to be provided and staff asked the consultant to provide some general recommendations. The Titusville Environmental Commission’s recommendations were very specific and staff believed they were beyond the scope of the grant. 

Member Nelson stated that she supported looking for a grant that would provide shading over the bike paths and would like to collaborate with a non-profit organization. 

Laurilee Thompson stated that the Titusville Environmental Commission (TEC) worked on this item for over a year and the six points of recommendations they made were important and needed to stand alone. Ms. Thompson stated that she had a problem with updating the tree assessment every five years because the fast rate of development in the community and that two years would be more reasonable. Ms. Thompson stated that the software was free for the first year and if the City did not have the funds to pay the $5,000 annually for software to protect trees in the City, she would pay for it.  

Kay St. Onge stated that the Urban Tree Canopy assessment was funded by a $17,000 grant from the U.S. Forestry Service Urban Forestry Grant Program, which made these funds available to communities to develop an Urban Forestry Program. Ms. St. Onge stated that the City’s regulations and the Tree City USA required a community or Urban Forest Program to plant and maintain trees along streets and parks and in public areas. Ms. St. Onge stated that the TEC’s January 11 concept plan met all the grant programs expectations as well as the City’s Land Development Regulations and the Tree City USA requirements for an Urban or Community Forest Program.              

Mary Sphar stated that she was speaking for the Sierra Club and asked Council to accept the Urban Tree Canopy Assessment from Planet Geo that used the earth defined tree map. Ms. Sphar stated that it used multi-spectral imagery with resolution of 60 centimeters and was generally updated every two years. Ms. Sphar stated that rapid development in the City was reducing the canopy. 

Michael Myjak stated that the assessment was two years old and included over 2,000 acres that were already cleared. Mr. Myjak stated that the certain trees only grow in specific soil or they would die. Mr. Myjak stated that the original assessment of 37.5% tree canopy was more accurate than the 42% assessment that included trees that were no longer here. 

Thomas Perez stated that at the current rate of development, the tree canopy would continue to fall further behind. In the last two years, the development had reduced canopy; however, it was not reflected in the numbers.  Mr. Perez stated that the City needed to be more aggressive to protect the trees by adopting the more aggressive recommendations that were put forward by the Titusville Environmental Commission. 

Stan Johnston stated that S&J Oaks received multiple variances. Mr. Johnston stated that S&J Oaks cleared most of the property besides one or two of the trees. 

Member Nelson stated that she would support a tree assessment more than once every five years and requested looking at partnering with groups to plant trees in the parks and along the paths. 

Vice-Mayor Robinson stated that a tree assessment every five years was too long. Vice-Mayor Robinson stated that he was concerned with the data from 2021 and the City needed to request in the difference between then and now in 2023. 

Member Cole stated that a tree assessment every five years was too long and every two or three years was better. 

Community Development Director Brad Parrish stated the City had to do a match with this grant and it was completed with staff’s time, which was an in-kind contribution. The consultant and staff worked on this project together.

Member Stoeckel stated that the City was beginning the budget process and staff should consider how much growth the City had this year to decide if staffing needed to be increased. 

Motion: Member Nelson moved to accept the findings and recommendations of the Urban Tree Canopy Assessment conducted by Plan IT Geo with the following recommendations: (1) Staff would assess the tree plotter, but not purchase at this time; (2) Increase the timing of the assessments to every two to three years; (3) Review funding for the planting of the trees; and (4) Partner with non-profit community groups (possibly Keep Brevard Beautiful or Rotary) to plant trees to provide shading over some of the paths, parks, etc. 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.

SPECIAL RECOGNITIONS & PRESENTATIONS –

Proclamation – Irish American Heritage Month – March 2023 - City Manager Larese advised that the Mayor would present the proclamation proclaiming March 2023 as Irish American Heritage Month.

City Manager Larese read the official proclamation and Mayor Diesel presented the official proclamation.

xxx

BOARDS AND COMMISSIONS –

North Brevard County Hospital District Board - City Manager Larese advised that The North Brevard County Hospital District Board's semiannual report would be presented. No action was required.

Member Billy Specht presented the semi-annual report. The presentation highlighted as follows: 

• Highlights
• Announcements 
• Awards & Recognitions 
• Community Involvement 
• Martin Luther King Day Jan, 16, 2023 Isaac Campbell Park
• Space Race Jan. 20, 2023
• Blue Origin Safety Day Jan. 26, 2023
• Decoding Diabetes 
• Athletic Training Program AHS THS SCHS CHS
• Welcome New Providers 
• Welcome
• Healing Moment Highlight 
• Thank you! 

President and CEO of Parrish Medical Center George Mikitarian discussed an email that was sent to council regarding a legal case. 

Council thanked Parish Medical Center for everything they do for our community.

xxx

Planning and Zoning Commission – City Manager Larese advised that the request was to accept the resignation of Planning and Zoning Commission Regular Member (Chairperson) Jane W. Speidel with an unexpired term that will expire on January 31, 2024, with regret.

Member Nelson stated that Ms. Speidel went above and beyond while she served on the Planning and Zoning Commission.  

Stan Johnston discussed a Planning and Zoning Commission meeting that occurred in July 2021.

Motion: Member Nelson moved to accept the resignation of Planning and Zoning Commission Regular Member Jane W. Speidel with an unexpired term that will expire on January 31, 2024, with deep regrets. The resignation was effective on March 6, 2023. Member Cole 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.

xxx

Code Enforcement Special Magistrate – Code Enforcement Special Magistrate’s semi-annual written report was included in the agenda packet. No action was required.

xxx

Concept Plan of Proposed Urban Forestry Program and Arborist - City Manager Larese advised that the Titusville Environmental Commission (TEC) recommended acceptance of the Concept Plan of the Proposed Urban Forestry Program and recommended hiring a new arborist position.

At the October 12, 2022 Titusville Environmental Commission Regular Meeting, a citizen presented an Urban Forestry Concept Plan. The proposed Concept Plan aimed to satisfy the Commission's responsibility to administer a plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs in parks, along streets, and in all other public areas.

At the January 11, 2023 regular meeting, the Commission unanimously voted to accept the draft of the Concept Plan of Proposed Urban Forestry Program.

If Council moved forward with the proposed concept plan, Staff would like the opportunity to analyze and provide costs and estimates for the proposed items including the feasibility and cost for an arborist.

Member Cole asked if the City had any arborist on staff. City Manager Larese stated that the City currently had three arborists on staff. 

Staff distributed the updated version of the concept plan for the proposed Urban Forestry Program with suggested projects/activities.

Community Development Director Brad Parrish reviewed the revised language in the concept plan. 

Laurilee Thompson stated that the Titusville Environmental Commission worked on this concept plan for over a year and as a Tree City USA, Titusville was supposed to have an Urban Forestry Program. Ms. Thompson stated that the City had an assessment and this was the plan that went with the assessment. 

Kay St. Onge stated that the concept plan for an Urban Forestry Program (dated on January 11) included planting trees along streets, the Indian River Lagoon, and in parks. Ms. St. Onge discussed neighborhood revitalization, shoreline stabilization, temperature reduction and stormwater reduction, etc. 

Margaret Van Deven stated that investing in trees would result in sustainable Cities with happier and healthier people. The planting and protecting of trees supported the United Nations Urban Agenda. Ms. Van Deven stated that shade trees were an asset in residential and commercial areas and helped to reduce environmental cost related to soil, water, and nutrient runoff that negatively impact the regional water quality and wildlife populations. 

Maureen Rupe stated that she was a board member of the Marine Resource Council and a board member of the League of Women Voters of the Space Coast and both associations were in support of the urban forestry concept plan and recommended a stronger implementation of low impact development. Ms. Rupe stated that this was a non-partisan issue and a great step forward for the health of the people and the planet. 

Toni Shifalo stated that she was in support of this item. Ms. Shifalo stated that she was not aware that the City had three arborists. Ms. Shifalo stated that the Public Works Department needed an arborist dedicated to them so that the tree planting and tree maintenance was properly implemented.  

Mary Sphar stated that she was represented the Sierra Club and they supported the urban forestry concept plan. Ms. Sphar stated that the concept plan was not set in stone and could be added to or changed as the City was implementing the plan. 

Michael Myjak stated that the concept plan needed an arborist and was only the first step of the journey. 

Stan Johnston stated that the Titusville Environmental Commission spent a lot of time on the concept plan and it would require staff and money. 

Member Nelson stated that she liked the concept plan, but she thought staff needed to review it and add it to the comprehensive plan to figure out what could be done. 

Mayor Diesel stated that he had no problem with staff assessing the plan and moving forward. 

Member Stoeckel stated that the Titusville Environmental Commission spent a lot of time and worked hard on the plan. Member Stoeckel stated that she wanted to focus more on canopy rather than events, but it would be nice to include the community and have their input on what should be prioritized. 

Vice-Mayor Robinson stated that the concept plan still needed to be evaluated to discuss staffing and the community’s input. 

Council directed staff to conduct an assessment of the concept plan for the proposed Urban Forestry Program, as recommended by staff.  Staff’s recommendations were if Council moved forward with the proposed concept plan, staff would like the opportunity to analyze and provide costs and estimates for the proposed items including the feasibility and cost of an arborist.  In addition, Council requested staff review resources, impacts, and staff’s needs to implement the plan.  

Motion: Member Nelson moved to approve that staff conduct an assessment of the concept plan for the proposed Urban Forestry Program, as recommended by staff.   Staff’s recommendations were if Council moved forward with the proposed concept plan, staff would like the opportunity to analyze and provide costs and estimates for the proposed items including the feasibility and cost of an arborist.  In addition, Council requested staff review resources, impacts, and staff’s needs to implement the plan. Member Stoeckel seconded the motion. 

Council confirmed that staff would review the proposed Urban Forestry Program as recommended by staff, determine what was feasible, what can be completed and the cost, propose the next steps, determine strategies to engage the community (i.e. survey, etc.), etc.  There was no objection.  

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.

xxx

Titusville Environmental Commission (TEC) Recommendations Related to Wetlands – City Manager Larese advised that the request was to provide direction regarding the TEC recommendations for Council to consider amendments to the City's regulations related to wetlands.

At the February 15, 2023, regular meeting, the TEC approved the following recommendations

to City Council:

Staff did not recommend approving the Titusville Environmental Commission’s (TEC's) suggested changes to the Code. Instead, the TEC’s concerns can be addressed as part of a Comprehensive Plan Amendment related to environmental policies.

Michael Myjak stated that he was in support of updating the comprehensive plan and then modifying the ordinance accordingly.

Mary Sphar stated that she attended the TEC meeting in January when it was recommended to add clarifications to the wetland policies. Ms. Sphar stated that clarifying the comprehensive plan would be the best way, but she did not know if staff was able to do it in a timely manner. 

Stan Johnston stated that he was not an expert on this topic so he would not comment on it.

Toni Shifalo stated that she recently reviewed Titusville’s Comprehensive Plan and the City needed to stop developers from building on wetlands. Ms. Shifalo stated that the City needed to address the conservation of our wetlands.

Vice-Mayor Robinson stated that he had growing concerns for Titusville’s wetlands, and he followed staff’s recommendations to address the concerns the TEC stated. Vice-Mayor Robinson stated that how the wetlands were treated moving forward was extremely important, and that was something within the Cities control.

Motion: Member Nelson moved to approve staff to address TEC’s recommendations for Council to consider amendments to the City’s regulations related to wetlands as part of a Comprehensive Plan Amendment related to environmental policies, as recommended by staff. Member Cole 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.

xxx

Mayor Diesel called for a recess from 8:35 p.m. to 8:43 p.m.

xxx

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

Connie Milton discussed Land Development Regulation section 28-54 use table. Ms. Milton stated that she reorganized the table by the uses instead of alphabetically, which she believed was more efficient. 

xxx

Toni Shifalo stated that Titusville made City Council meetings available to the public by live stream on YouTube, which made their work visible and transparent. Ms. Shifalo discussed ordinances that addressed public speaking time.

xxx

Thomas Perez discussed communication with the City and stated that not all board meetings were video recorded. Mr. Perez stated that the listing of agenda items could be manipulated to dissuade public comment. 

xxx

Stan Johnston stated that he previously lived in West Virginia on a river and when he came to Brevard County in 1970, there were many endangered species. He believed that the Indian River Lagoon’s health was killing these species. 

xxx

Kay St. Onge thanked council and the City Manager for listening.

xxx

CONSENT AGENDA

City Clerk Wanda Wells advised that there were five cards submitted from one individual.

City Manager Larese read Consent Agenda items A, B, C, D, E, F and G, as followed:

Stan Johnston stated that he was not in support of Consent Agenda item 8G. Mr. Johnston stated that he was concerned with the legal services in Consent Agenda Item 8F and he did not see legal services accounted for in the City budget. Mr. Johnston discussed emails that he sent to City employees. Mr. Johnston discussed the sewage spill that occurred in December 2020, etc. 

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

                             Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously.

xxx

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

Ordinance No. 15-2023, Amending Rule 5 of Section 2-26 of the Code of Ordinances "Rules of the City Council"– City Attorney Broome read Ordinance No. 15-2023 amending Rule 5 of Section 2-26 of the Code of Ordinances "Rules of the City Council", by amending procedures and time limits for public comment on the Consent Agenda at Council meetings; providing for severability; and providing for effective date the second time by title only.

City Council expressed its desire that the Council meetings be conducted in an orderly and efficient manner, while preserving the public's ability to provide relevant comments on propositions before the Council, consistent with Section 286.0114, Florida Statutes. Recognizing that the consent agenda was limited to matters that are routine in nature, noncontroversial and voted on with a single motion without Council discussion, Council provided advisability to amend  3+-*Section 2-26 of the Code of Ordinances to provide the public a maximum of three (3) minutes to speak to the consent agenda, while allowing for additional speaking time in the event that an item was removed by Council for further discussion and also allowing for additional speaking time by a vote of the Council. 

The public hearing was open.

Stu Buchanan stated that he was in support of this item. Mr. Buchanan stated that individuals using the consent agenda to make personal attacks was unacceptable and gave a negative impression on the residents and meetings. 

Toni Shifalo stated that all citizens should not be punished because of one individual. Ms. Shifalo stated that ten minutes was long, but council could compromise at five minutes instead of three minutes.  

Mayor Diesel stated that when citizens speak about the topics being discussed, they are given more time. 

Stan Johnston stated that he spoke at council meetings because Council would not reply to his emails. Mr. Johnston discussed the sewage spill that occurred in December 2020, etc. 

With no one else wishing to speak, the public hearing was closed.

Motion: Member Nelson moved to approve Ordinance No. 15-2023, Amending Rule 5 of Section 2-26 of the Code of Ordinances "Rules of the City Council”, as recommended. 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.

xxx

Ordinance No. 16-2023 - Single-family dwellings in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay – City Attorney Broome read Ordinance No. 16-2023 to amend the City's 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. The first reading and first public hearing was held at the regular City Council meeting on February 28, 2023, at 6:30 p.m. This was the second reading and the final public hearing.

On February 22, 2023, the Planning and Zoning Commission made a motion to accept this ordinance as presented (Approved 7-0).

On January 10, 2023, the Council directed staff to prepare an ordinance amending the conditional use requirement for single-family homes in the Open Space and Recreation (OR) Zoning District and the Wetland and Conservation Area (WCA) Overlay. The ordinance proposed keeping the requirement for a Conditional Use Permit (CUP) if a single-family dwelling was to be located inside a wetland and not require a CUP if the home was to be located outside a wetland in the OR zoning district. The ordinance meets the City Council's direction. No changes were proposed to the setbacks in the OR zoning district.

The staff has some concerns with the draft ordinance. A conditional use permit for a single family home was unnecessary for the following reasons.

• The FL DEP regulates the environmental review, any mitigation and permitting of single family residences in, on, over wetlands or other surface waters.
• The CUP review criteria is more applicable to large scale uses that could have a nuisance impact on the surrounding neighborhood and City resources.
• The most recent CUP adopted by the City for a single-family residence in the OR zoning district included conditions already required by City or State regulations [CUP No. 11- 2007].

The public hearing was open.

Stan Johnston stated that he was not in support of this item. Mr. Johnston discussed property that he owned that was rezoned, etc.

Diane Frogge stated that she supported separation of the two properties. Ms. Frogge stated that the land use table in Land Development Regulation Section 28-54 lacked clear intention and could lead to different interpretations and confusion over time. 

Sandra Clinger stated that the City of Titusville adopted Comprehensive Plan and Land Development Regulation policies that recognized wetlands and other environmentally sensitive lands as important and needing protection both on a broad scale planning process and through the permit review process. Ms. Clinger stated the change that was being proposed could be viewed as an additional incentive for landowners to avoid impacting wetlands, Condition Use Permit (CUP) process, and impact fees if they stay out of the wetlands.

Connie Milton discussed the Land Development Regulation Section 28-54 use table. Ms. Milton stated that the table should be sorted alphabetically with clarifications to avoid confusion. 

With no one else wishing to speak, the public hearing was closed.

Member Stoeckel stated that if Council kept staff’s proposal, she wanted more clarification addressing wetlands. 

Community Development Director Brad Parrish stated that staff was not in support of adding another row to the use table and it was a misinterpretation of how to use this use table. In 2015 and 2016, the City went through a lot of effort to consolidate a variety of different uses throughout the code. Community Development Director Brad Parrish stated that single family use in this ordinance referred to Section 28-80 and these conditions or limitations for single family use were amended.   

Member Stoeckel stated that her only change would be to add “outside of wetlands” in paragraph C3, “(3) In the Open Space and Recreation (OR) zoning district, single-family dwellings may

be permitted at a density of one (1) dwelling unit per five (5) acres.”

City Attorney Broome stated that paragraph C3, “(3) In the Open Space and Recreation (OR) zoning district, single-family dwellings may be permitted at a density of one (1) dwelling unit per five (5) acres.” was talking about density, not a CUP or the limitations. If staff added in the OR zoning district outside of wetlands you can have a density of 1 to 5 that would be in relation to the density and he did not think that was appropriate. 

Mayor Diesel stated that he did not want to make it more confusing and maybe it should be left alone.

Motion: Member Nelson moved to approve Ordinance No. 16-2023 - Single-family dwellings in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay, as modified by staff adding additional language to the ordinance, section 28-80(c)(3):   Permitted use is specific to Single Family dwellings in the Open Space and Recreation (OR) zoning district outside of the wetlands, as recommended. Member Cole 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.

xxx

ORDINANCES-FIRST READING 

Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022, Greg Nelson - City Attorney Broome read Ordinance No. 17-2023 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 map, by changing the land use designation on a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1, from Conservation future land use designation to the Commercial High Intensity future land use designation; and

Ordinance No. 18-2023 amending Ordinance No. 27-1997 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Open Space and Recreation (OR) zoning district to the Regional Commercial (RC) zoning district on a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1 the first time by title only.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item. This was the first reading. The second reading and public hearing was scheduled to be heard by the City Council on March 28, 2023 beginning at 6:30 PM.

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map amendment from the Conservation Land Use to the Commercial High Intensity Land Use category on the portion of the overall property as illustrated and described in the land use ordinance and as consistent with the Comprehensive Plan and more specifically with Conservation Element Strategy 1.6.3.2. (Approved 7-0) and recommended approval on the rezoning from Open Space and Recreation (OR) to the Regional Commercial (RC) zoning district on the portion of the overall property as described in the rezoning ordinance and as consistent with the Commercial High Intensity Future Land Use category of the Comprehensive Plan and rezoning criteria described in 34-40 of the Land Development Regulations. (Approved 7-0).

Kim Rezanka represented Greg Nelson, the property owner, stated that this was one small parcel of two acres, another side parcel of about nine acres and then 28 acres to the south and the way the non-connected wetland was placed there was no access to the commercial property to the west. Ms. Rezanka stated that it was commercial property except for a 3.1-acre lake/wetland that was an old burrow pit from the 1950s and 1960s, and they were just trying to make the commercial land functional and the residential land behind it accessible. 

Mayor Diesel asked about the burrow pit and if it was still functionable as a water retainer. Kim Rezanka stated that it retained water, but it would help the aquifer if the burrow pit was filled in partially or completely because then the water would stay on the land.

Laurilee Thompson stated that Titusville was losing wetlands and open space and conservation areas and the City needed a mechanism to keep the mitigation for wetlands going outside of our City limits. Ms. Thompson stated that there needed to be some type of leader on City staff that could help with wetlands and create a green space in the City for stormwater retention.

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

xxx

Small Scale Comprehensive Plan Amendment (SSA) No. 6-2022, Palmetto Complex – City Attorney Broome read Ordinance No. 19-2023 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 map, by changing the land use designation on approximately 0.54+/- acres of property located on Palmetto Street, having Brevard County Parcel I.D. No. 22-35-04-00-53 and 22-35-04-00-50, from Low Density Residential future land use designation to Medium Density Residential future land use designation; and

Ordinance No. 20-2023 amending Ordinance No. 5-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Single-Family Medium Density (r-1B) zoning district to the Multifamily Medium Density Residential (R-2) zoning district on approximately 0.54+/- acres of property located on Palmetto Street, having Brevard County Parcel I.D. No. 22-35-04-00-53 and 22-35-04-00-50 the first time by title only.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item. This was the first reading. The second reading and public hearing was scheduled to be heard by the City Council on March 28, 2023 beginning at 6:30 PM.

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map small scale map amendment from the Low Density Residential Future Land Use category to the Medium Density Residential Future Land Use category on the 0.78-acre property as described in the future land use ordinance. (Approved 7-0) and recommended approval on the rezoning from Single Family Medium Density (R-1B) zoning district to the Multi-Family Medium Density (R-2)

zoning district on the 0.78-acre property as described in the rezoning ordinance. (Approved 7-0).

Laurilee Thompson submitted a card, but she left the meeting.

Stan Johnston discussed dams in the City of Titusville and the area of critical concerns, etc.

xxx

OLD BUSINESS – 

FY 24 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grant funding recommendations – City Manager Larese advised that the request was to approve Community Development Block Grant (CDBG) and HOME grant program funding recommendations in the amount of $310,501 for CDBG and a projected $139,014.85 for HOME, for inclusion into the City's FY 24 Annual Action Plan as required by HUD. This item was previously tabled at the regular City Council meeting on February 28, 2023 at 6:30 p.m.

The Neighborhood Services Department has completed the evaluation process of the RFP's that were received and the Neighborhood Services Director can recommend the following funding for FY 23/24:

Public Services 15% cap of grant

• Aging Matters in Brevard- Meals on Wheels $12,000.00 100%
• Women's Center- Domestic Violence Safe House $16,300.00 100%
• Brevard Alzheimer's - Safe Ride Program $ 7,492.50 100% NRSA Activities
• Community of Hope - Homelessness Prevention $ 36,044.00 100%
• Year 2 Community Beautification and Infrastructure $176,564.50 100% Improvements

All funding recommendations are contingent upon the City receiving grant funding in FY 23/24

from HUD.

An anticipated HOME grant funding in the amount of $139,014.85 will be utilized in conjunction with the Brevard County HOME Consortium for affordable housing activities such as homebuyer, homeowner rehabilitation, rental housing construction or repairs, and administrative functions.

Neighborhood Services Director Terrie Franklin stated that the CDBG funds decreased this year because there were more cities becoming entitlements with HUD, so the money was being spread out between more cities.

Council thanked Neighborhood Services Department for their hard work and the difference they make in the community. 

Stan Johnston thanked Neighborhood Services Director Terrie Franklin. 

Motion: Member Nelson moved to approve Community Development Block Grant (CDBG) and HOME grant program funding recommendations in the amount of $310,501 for CDBG and a projected $139,014.85 for HOME, for inclusion into the City's FY 24 Annual Action Plan as required by HUD, as recommended. 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.

xxx

Urban Tree Canopy Assessment – This item was discussed after approval of minutes. 

xxx

NEW BUSINESS – None. 

xxx

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

None. 

xxx

MAYOR AND COUNCIL REPORTS

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

xxx

Mayor Diesel stated that he spoke at the football/cheer clinic that was based on Smile from Within at the Gibson Gym. 

xxx

Mayor Diesel stated that he needed an approval for a proclamation for the American Red Cross.

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

Motion: Vice-Mayor Robinson moved to approve the proclamation to the American Red Cross – Florida’s Space Coast Chapter proclaiming March 2023 as Red Cross Month, which would be presented at the Special Recognitions and Presentations meeting on March 28, 2023 at 5:30 p.m. Member Nelson seconded the motion.  The motion carried unanimously. 

xxx

Council Reports –

Member Cole stated that the website had so much information for the citizens, including the street paving schedule. 

xxx

Member Nelson stated thanked Parrish Medical Center for allowing the Boys and Girls Club to use their pool. 

xxx

Vice-Mayor Robinson stated that he attended a Veteran’s Ceremony at Addington Place.

xxx

Member Stoeckel stated that there were several bills that the League of Cities were watching and advocating for including financial disclosure forms changing to Form 6 for anyone running for local office and raising the cap on sovereign immunity. 

xxx

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

xxx

City Manager Larese stated that the Public Utilities Commission approved a rate increase for Florida Power and Light as well as Duke Energy, which would cause electric bills to increase by about eight percent.  

xxx

City Attorneys Report – None. 

xxx

With no further business to discuss, the meeting adjourned at 10:27 p.m.