Regular City Council - April 25, 2023 at 6:30 PM

City Council

Regular Meeting

April 25, 2023

 

The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, April 25, 2023. 

 

Mayor Diesel called the City Council meeting to order at 7:26 p.m., not 6:30 p.m. due to the prior meeting (City Council Presentations meeting at 5:30 p.m.) ran late. 

 

Present were Mayor Daniel E. Diesel, Vice Mayor Joe C. Robinson, and City Council Members Herman A. Cole, Jr., Col USAF Retired, Jo Lynn Nelson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff, who 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. Assistant City Clerk Donhoff read the procedures for public comment and participation. 

 

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APPROVAL OF MINUTES

 

Staff distributed corrected and revised minutes for the regular meeting on February 14, 2023. 

 

Motion:

Member Nelson moved to approve the minutes of the regular City Council meetings on February 14, 2023, as revised, and February 28, 2023 (5:30 p.m.) and March 28, 2023 (5:30 p.m.), as submitted. Member Cole seconded the motion and it carried unanimously. 

 

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City Manager Larese advised that Agenda Item 9 A. Comprehensive Plan Amendment (CPA) 1-2023 Water Supplies had been withdrawn from the Council meeting agenda. The agenda item would be readvertised for a future City Council meeting. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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BOARDS AND COMMISSIONS                       

 

Student Advisory Council (SAC) Annual Report - City Manager Larese highlighted the request provided in the Council agenda packet. The 2022/2023 SAC Annual Report, including the recommendations and goals for 2023/2024, was presented by current SAC members. Per the SAC’s governing resolution, the SAC also requested Council’s consideration to work into the 2023 summer months as needed, in order to further work on The Last Dance video project. 

 

Motion:

Member Nelson moved to authorize the Student Advisory Council (SAC) for the SAC to meet on an as-needed basis during summer of 2023 to work on The Last Dance Video Project. Member Cole seconded the motion and 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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Student Advisory Council (SAC) Scholarships – No action was requested. Per the SAC Scholarship Award Policy, Mayor Diesel presented scholarships to the following SAC graduating seniors: 

 

  • Aiden Sperr of Titusville High School
  • Aliyah Deimeke of the Academic Community Enrichment, Inc.
  • Savannah Sevor of Astronaut High School

 

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2023/2024 Student Advisory Council Membership Appointments – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to confirm the proposed slate of students to the 2023/2024 Student Advisory Council, as appointed by their respective schools, as followed:

 

Astronaut High School 

  • 12th grade: Addison Flake
  • 11th grade: Callie Cerrato
  • 10th grade: Cooper Mangini
  • 9th grade: (Pending. Once received, staff would schedule on an upcoming City Council agenda for formal confirmation.)

 

Titusville High School 

  • 12th grade: Richie Dobbs
  • 11th grade: Victoria Hillery
  • 10th grade: Caydn Fiebig
  • 9th grade: (Pending. Once received, staff would schedule on an upcoming City Council agenda for formal confirmation.)

 

Academic Community Enrichment, Inc.

 

  • 12th grade: Edie Pringle
  • 11th grade: Julia Moon
  • 10th grade: Julia Curtis
  • 9th grade: Christa Sims 

 

Motion:

Member Nelson moved to confirm the aforementioned and proposed slate of students as members of the 2023/2024 Student Advisory Council, as requested and appointed by their respective schools. Member Cole seconded the motion and 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) - 

 

Stan Johnston distributed information. He requested Council’s support of the Crosley Green case. He also expressed concerns on a prior sewer spill, his desire to give a presentation to the Council, and the information that he distributed was an email he sent to the City on a number of personal questions or concerns. 

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CONSENT AGENDA

 

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

 

  1. Resolution No. 13-2023 - Commending Outstanding Students from North Brevard Area Schools - Approve Resolution No. 13-2023 commending outstanding students from North Brevard Area Schools for 2022-2023.

 

 

  1. Single Stream Recycling Contract - Approve Single Stream Recycling Contract with WM Recycle America, LLC of Delaware to provide sorting and sales of  recyclable materials from the City of Titusville with an annual projected cost not to exceed $150,000; and authorize the Mayor to execute the contract upon satisfaction of terms and conditions with the City Manager and City Attorney.

 

  1. Brevard County Save our Indian River Lagoon Grant Extension - St Johns 2 Baffle Box - Authorize the Mayor to execute Amendment No. 1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL 21-174.

 

  1. Brevard County Save our Indian River Lagoon Grant Extension - Osprey Nutrient Removal Project - Authorize the Mayor to execute Amendment No. 1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL 20-02-2.

 

  1. Purchase of two Blauer High Gear Tactical Suits - Approve and appropriate $4,300 in forfeiture funds for the purchase of two Blauer High Gear tactical suits and approve the associated Budget Amendment.

 

  1. Change Order #02 to Contract #CO-17-Q-009 with CDM Smith, Inc. for additional services due to extension of project - Approve Change Order #02 in the amount of $49,859 to contract #CO-17-Q-009 with CDM Smith, Inc to include additional engineering efforts performed as a result of the extended construction efforts, and authorize the Mayor to execute the amendment.

 

  1. Use of Orlando Utilities Commission Contract #RFP-21- 5038-OQ, with USIC Holdings, Inc. d/b/a USIC Locating Services, LLC of Indianapolis, IN to perform utility locates for the City of Titusville - Approve the utilization of Orlando Utilities Commission Contract #RFP-21-5038-OQ, with USIC Holdings, Inc. d/b/a USIC Locating Services, LLC of Indianapolis, IN to perform utility locates for the City of Titusville. In addition, approve the following: (1) Add Orlando Utilities Commission contract #RFP-21-5038-OQ to the Vendor of Record to be utilized to perform utility locates with an estimated annual expenditure of $200,000 and (2) Authorize Mayor to execute the piggyback agreement upon review and approval of City staff.

 

  1. FDOT Non-Motorized Traffic Data Sharing Memorandum of Agreement - Authorize the City Manager to sign the FDOT Non-Motorized Traffic Data Sharing Memorandum of Agreement.

 

Stan Johnston submitted public speaking cards on Consent Agenda Items D, F, and G and discussed why he opposed these agenda items. 


Motion:

Member Nelson moved to approve Consent Agenda Items A through H, in accordance with the recommendations. Member Cole seconded the motion and 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

 

Comprehensive Plan Amendment (CPA) 1-2023 Water Supplies - This item was withdrawn from this agenda and would be readvertised for a future date. No action was requested.

 

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Ordinance No. 27-2023 - Antenna Ordinance - This was the second and final public hearing. City Attorney Broome read Ordinance No. 27-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO CREATE “ANTENNA” AS AN ACCESSORY USE WITH LIMITATIONS, BY AMENDING SECTION 28-342 “ACCESSORY USE TABLE” AND CREATING SECTION 28-351.5 “ANTENNA”, INCLUDING STANDARDS FOR THE USE WITH LIMITATIONS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time and by title only. 

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented and requested exploration of height limit, 7- 0.

 

City Manager Larese highlighted the request as provided in the Council agenda packet. He advised that on January 8, 2019, the Council directed staff to draft Code amendments to develop standards for the location and screening of antennas and associated equipment. The City's Land Development Regulations (LDR) were largely silent on the permitted location of antennas and provided a general performance standard statement. LDR Section 30-339(f) requires that antennas, satellite dishes and mechanical equipment shall be screened from all public streets. 

 

The draft ordinance proposed antennas as a new use category in the LDR Accessory Use Table. LDR Section 28-342 provided a definition and introduced new use limitations and performance standards.

 

At the first public hearing on April 11, 2023, the City Council discussed allowing flexibility to encourage antennas to be on existing structures versus having to create a new structure.  Flexibility would allow the antennas to possibly exceed the maximum height in certain zoning districts.  Based on the discussion on April 11, 2023, staff was requested to add additional language to the ordinance. LDR Section 28-351.5(c)8 of the draft, proposed, ordinance now stated, 

 

“…(a) The top of the antennas and/or antenna array, which may exceed the maximum building height of the zoning district, shall not be more than twenty (20) feet above the approved building height of the primary structure upon which it is affixed or mounted.

(b)  No combination of extensions exceeding twenty (20) feet above the approved building height of the primary structure upon which it is affixed or mounted shall be permitted”. 

 

Community Development Director Brad Parrish reviewed information on these changes to the proposed ordinance, since the draft that was first presented to Council at the first public hearing on April 11, 2023. 

 

Mayor Diesel opened the second and final public hearing. 

 

Stan Johnston waived his right to speak. 

 

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

 

Motion:

Vice-Mayor Robinson moved to approve the version of Ordinance No. 27-2023 included in the City Council agenda packet at this second reading and final public hearing of the ordinance, which was highlighted by staff. Member Nelson seconded the motion and 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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Ordinance No. 28-2023 - Mobile Food Vendors - This was the second and final public hearing. City Attorney Broome read Ordinance No. 28-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY ESTABLISHING “MOBILE FOOD DISPENSING VEHICLES” PURSUANT TO SECTION 509.102, FLORIDA STATUTES, INCLUDING DEFINITIONS, EXEMPTION FROM THE REQUIREMENT TO OBTAIN A BUSINESS TAX RECEIPT FROM THE CITY; SETTING FORTH PURPOSE AND INTENT, LICENSE, LOCATION AND OPERATIONAL REQUIREMENTS, ENFORCEMENT AND PENALTY PROVISIONS; AND BY AMENDING SECTION 11-331 “DEFINITIONS”; AND BY CREATING ARTICLE XVI “MOBILE FOOD DISPENSING VEHICLES”; AND  AMENDING CHAPTER 28 “ZONING” BY CREATING SECTION 28-145.1 “MOBILE FOOD DISPENSING VEHICLE”; AND AMENDING SECTION 28-54 “USE TABLE”; AND AMENDING CHAPTER 37 “DEFINITIONS” SECTION 37-1 “DEFINITIONS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time and by title only. 

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented, 7-0.

 

City Manager Larese highlighted the request as provided in the Council agenda packet. On December 13, 2022, the Council directed staff to draft amendments to the Code of Ordinances Chapter 11 Licenses and Business Regulations, specifically related to Mobile Food Vendors to be consistent with the Florida Statutes. The City Code of Ordinances needed to be amended, as followed, in order to be in compliance with Florida Statute 509.102: 

 

  • Sections 11-332(a), 11-340(c), 11-341(b) needed to be amended to indicate mobile food dispensing vehicles as defined in Florida Statute 509.102 were not required to obtain a city business tax receipt (BTR), but shall maintain a current state license as required under FS 509.241. 

 

  • Sections 11-332 (d), 11-340b, 11-341(e) needed to be amended to indicate mobile food dispensing vehicles as defined in Florida Statute 509.102 and that maintain a current state license as required under FSS 509.241. The City may limit the location of mobile food dispensing vehicles but cannot prohibit them from operating within the entirety of the City. 

 

  • Also, the definition of a truck or trailer to be eligible for this State preemption specified “self-contained utilities”, including gas, water, electricity, and liquid waste disposal. Currently, the vendors do not meet the definition if they obtain electricity from a building or other hook-up or obtain a water supply via a hose connection from a building or other water supply. 


Community Development Director Brad Parrish was available to answer any questions. He advised the proposed draft ordinance was consistent with Florida Statutes.

 

Mayor Diesel opened the second and final public hearing. As there was no one that wished to speak, the second public hearing was closed. 

 

Motion:

Member Nelson moved to approve the version of Ordinance No. 28-2023, as recommended. Member Cole seconded the motion and 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. 

 

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ORDINANCES-FIRST READING – None.

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS

 

FY2023 Mid-Year Budget Review and Financial Update - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve the Fiscal Year (FY) 2023 mid-year budgetary change requests for General, Enterprise and other Funds. The request also included authorizing 1.5 new full time employees (FTE's), affirming the FY2024 Strategic Plan, and acknowledging the City Manager's Public Works - Water Resources reorganization.

 

Assistant City Manager Tom Abbate and Finance Director Teri Butler gave a presentation on the FY 2023 Mid-Year Budget Review. The requests at this meeting were provided on Slide 28 of the presentation. Slide 29 outlined the steps to begin building the FY 2024 budget. 

 

Member Stoeckel advised she was pleased and supported the conservative mid-year budget. She and staff also discussed her questions on having sufficient funds to support 1.5 new FTEs. Discussion also ensued on cross training employees across divisions and employees learning new tasks, so that the same few employees were not called out during emergencies, etc. 

 

Stan Johnston submitted a speaking card. He was opposed to the requested actions for reasons he explained. 


 

Motion:

Member Nelson moved to approve the Fiscal Year (FY) 2023 mid-year budgetary change requests for General, Enterprise, and other Funds, authorized 1.5 new Full Time Employees (FTE’s), affirmed the FY 2024 Strategic Plan, and acknowledged the City Manager’s Public Works – Water Resources reorganization, as recommended. Member Cole seconded the motion and 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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Adoption of 2023 Sustainability Action Plan - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to adopt the City’s Sustainability Action Plan.

 

Stan Johnston distributed information. He was neutral on the request and read from a personal email containing his concerns or input. 

 

Motion:

Member Nelson moved to adopt the Sustainability Action Plan, as recommended. Member Cole seconded the motion and 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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Parks and Open Space Draft Definitions and Standards Update - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to accept the status report on proposed amendments to the City's Parks and Open Space regulations and approve advisability for the preparation of a draft ordinance.

 

Community Development Director Parrish gave a presentation (status report) and reviewed the background for the presentation. He and Council discussed information related to processes, getting specific direction, the availability of land in the City, whether parking would be considered open space (the indication was no---parking would not be considered open space), maximizing the percentage in which ponds could be applied to open space, stormwater calculations, “polishing” the standards, so that they were not open to interpretation, using matrixes to be clear on the Code requirements and to avoid arguments, etc.

 

Additional discussion ensued on individuals having a desire to walk to open space areas in their immediate neighborhoods and not having to drive elsewhere, medians or islands in the roadway, aesthetics, keeping residents’ safety in mind, single family and multifamily projects, the City was running out of land, the history of development in the City, being clear on definitions, not including buffer requirements (the indication was no on buffers), returning with a draft ordinance and if it was too aggressive, revising subsequent drafts, etc. 

 

Based on the discussion, Council provided advisability and direction on the proposed amendments to the City’s Parks and Open Space regulations and for the preparation of a draft ordinance, as recommended and discussed. 

 

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

 

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

 

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Council Reports - 

 

Member Nelson commented on the St. Johns River Water Management District (SJRWMD), learning about wetland mitigation programs or requirements, forming partnerships, wetland banks or mitigation areas, Area 21 was the City’s wetland area or closest area near the City, the space center was using up mitigation credits as fast as they could get them, having such a program more locally, the cost was “pricey”, the level of detail to organize a wetland bank was intensive, agencies looking at areas to purchase and this being a possible option for the City to save some wetlands for personal use, etc. 

 

It was noted a local grocery store on Highway 50 desired having the City buy a wetland near them. 

 

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Mayor Diesel commented on the events on his calendar. One item was the Grove Church had served 358 meals to the community. He also commented on the recent Tour De Force Police Charity Bicycle Ride.  

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Vice-Mayor Robinson commented on representing the City at a recent meeting of the North Area Brevard County Parks and Recreation. He also commented on looking for ways to improve State Road 405 and related processes and funding, as well as issues arising from an influx of people coming into the State, congestion, etc. 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. 

 

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Authorization to Conduct Aerial Treatment Operations for Mosquito Control - City Manager Larese highlighted the request as provided in the Council agenda packet. Council’s authorization was requested authorizing the City Manager’s execution of a letter from the Brevard County Mosquito Control granting the City renewal of aerial Mosquito Control operations within the City limits through May 31, 2026.

 

Stan Johnston waived his right to speak. 

 

Motion:

Member Nelson moved to grant the City Manager authorization to sign the letter providing approval of Aerial Treatment Operations for Mosquito Control, as requested. Member Cole seconded the motion and it carried unanimously. 

 

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All remaining items were informational only.

 

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CITY ATTORNEY’S REPORT – None. 

 

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With no further business to discuss, the meeting adjourned at 9:14 p.m.