Regular City Council - May 9, 2023

City Council

Regular Meeting

May 9, 2023

The City of Titusville City Council met in regular session on Tuesday, May 9, 2023, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796.

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Vice- Mayor Robinson called the City Council meeting to order at 6:40 p.m. Those present in the Council Chamber included Vice-Mayor Joe C. Robinson. and City Council Members Herman Cole, Jr. Col USAF Retired, and Jo Lynn Nelson. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes. Mayor Daniel E. Diesel and Member Dr. Sarah Stoeckel were absent. 

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Vice-Mayor Robinson 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 –

Motion: Member Nelson moved to approve the minutes of the regular City Council meeting on March 14, 2023, as submitted. Member Cole seconded the motion. The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS –

North Brevard Library District Board - City Manager Larese advised that The North Brevard Library District Board's semiannual written report was included in the agenda packet. No action was requested.

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

Megan Moscoso stated that on January 31, 2023 a 7.3-acre plot of land was sold to Apollo Gardens, who planned to build a three story, 84 single unit complex at the end of Demaret Drive. Ms. Moscoso stated that according to an application submitted to the Florida Housing Finance Cooperation on July 14, 2022, Apollo Gardens would serve high utilizers that include adults with schizophrenia, bipolar disorder, schizoaffective disorder and cooccurring substance use disorder. Ms. Moscoso expressed her concern for this project in her community.   

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Winnie Brewer stated that she lived in a condo about 100 feet from Veterans Memorial Park. She said that there was a group of homeless people who stayed at the park most days and nights, preventing the public from being able to enjoy the park. Ms. Brewer stated that the park was maintained by Brevard County and they had to clean it almost everyday now because of the homeless who left trash behind and destroyed things. Ms. Brewer stated that the individuals staying there used the power from the park to charge their phones and if the power was turned off that may deter them from staying in the park.

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Patricia Adamo stated that she was a psychotherapist for forty years and expressed concern for the complex being built by Apollo Gardens on Demaret Drive. Ms. Adamo stated that that as a former therapist and addiction specialist, she was concerned that the adults living there would go off their medication and use street drugs. Ms. Adamo stated that these induvial did not belong in a community of homes, but somewhere where they were not a danger to the surrounding population.

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Carl Jenkins stated that he was a corrections deputy and expressed concern for the complex being built by Apollo Gardens. He knew from experience that it required multiple people to control or detain someone having an episode. If these individuals were housed in a neighborhood with mostly elders, it was unsafe. Mr. Jenkins stated that he chose to live in this community to raise his kids and it would be unsafe for them to play outside now with these individuals on the streets.   

Community Development Director Brad Parrish stated that there was a site plan submitted for a multi-family affordable housing development on Demaret Drive and it was in review. Community Development Director Brad Parrish stated that the zoning was multi-family and the proposed number of residential units did not exceed the maximum density. The application was formally submitted to the City and the code did not require it to go before City Council for approval based off the information that was submitted.  

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Curtis Keidser stated that he lived near Veterans Memorial Park and the homeless who stayed there were becoming a chronic issue. Mr. Keidser stated that he witnessed a veteran attempting to pay tribute at the park who left after seeing the amount of homeless people that were at the park.

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Melissa Foley stated that Apollo Gardens was not a multifamily apartment complex from what she read. Ms. Foley stated that she chose to live in Royal Oaks because it was a quiet and peaceful neighborhood where she felt safe, but she was now concerned that this new development would negatively affect her quality of life.

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Maria Elie stated that she was concerned for the safety of the people staying in Veterans Memorial Park and the people who attempted to visit and enjoy the park. Ms. Elie thanked the Titusville Police Department for their presence at the park.

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Kelly Murray stated that he was a civil construction worker and was aware of the equipment and logistics involved in development of roads, parking lots and housing. Mr. Murray stated that Royal Oaks was developed in the 1960s and the infrastructure was never intended to handle the delivery of the heavy equipment it would take to build the complex on Demaret Drive. Mr. Murray stated that he was concerned with the added waste water and storm water.

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Billie Joe Clayton stated that she lived in Spanish Oaks and was concerned with the storm water drainage system in her neighborhood because of the proposed complex on Demaret Drive.

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Vicki Conklin stated that she was concerned about access to the proposed complex by Apollo Gardens because there were only two roads, which were Demaret Drive and Turnesa Drive. Ms. Conklin stated that there was going to be individuals living in the complex that were undergoing medical assisted treatment and high-level behavioral health services, which concerned her.

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Eric Ball stated that he was not in support of the Apollo Gardens complex and it concerned him that there would be children in this neighborhood with individuals who were living in a medically assisted treatment facility in the same area. Mr. Ball asked if it was already approved and if not, what was the next step in the process.

Community Development Director Brad Parrish stated that the site plan review process required the review of staff members to ensure that it complied with the code. If there was a deviation from the code that the developer was unable to meet, there was a process. If the use they were proposing was not consistent with the code or if it required a public hearing, they would go through that process.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there were no cards submitted.

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

maintenance and drainage improvements; and authorize the Mayor to execute the contract.

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

Member Cole                          Yes

Member Nelson                      Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION – None. 

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ORDINANCES-FIRST READING – None. 

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OLD BUSINESS – None. 

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NEW BUSINESS 

Resolution No. 14-2023 – Amend the City’s Deferred Compensation and Defined Contribution Plans Allowing Participation by Elected Officials – City Manager Larese advised that the request was to approve Resolution No. 14-2023, amending the Adoption Agreements for the City of Titusville 401(a) Governmental Money Purchase Plan and the 457(b) Deferred Compensation Plan, as necessary, to allow participation by the City's Elected Officials.

The City of Titusville has established a Deferred Compensation Plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code of 1986, as amended (the 457(b) Plan) and has established a 401(a) Governmental Money Purchase Plan, a Deferred Contribution Plan, pursuant to provisions of Section 401(a) of the Internal Revenue Code of 1986, as amended (the 401(a) Plan) for employees of the City of Titusville. The Plans are administered by Nationwide Financial Services Inc., with administrative support by City Manager or designee, and the City makes contributions to the 401(a) Plan on behalf of eligible employees matching employee contributions up to 4% of employees base pay.

The City desired to amend the Adoption Agreements for each Plan, as necessary, to provide for participation by the City's elected officials.

Motion: Member Nelson moved to approve Resolution No. 14-2023, amending the Adoption Agreements for the City of Titusville 401(a) Governmental Money Purchase Plan and the 457(b) Deferred Compensation Plan, as necessary, to allow participation by the City's Elected Officials, as recommended. Member Cole seconded the motion. The roll call vote was:

Member Nelson                      Yes

Vice-Mayor Robinson            Yes

Member Cole                          Yes

The motion carried unanimously.

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

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MAYOR AND COUNCIL REPORTS

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

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Council Reports –

Member Nelson stated that about six years ago, the previous Community Development Director Peggy Busacca had a beautiful plan for the Royal Oak Country Club and LaCita Country Club, but the residents of the neighborhoods were not in support of the plan. 

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Vice-Mayor Robinson thanked the City Manager and City staff for hosting the annual Student Awards Ceremony. 

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Member Nelson stated that the Lake Orange Expressway had a lane for electric vehicles that automatically charged the vehicles while they were driving. 

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

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City Manager Larese stated that Commander Demmon was present and could address the issues citizens discussed previously in the meeting regarding the homeless at Veterans Memorial Park. 

Commander Demmon stated that the Titusville Police Department (TPD) discussed the issues at Veterans Memorial Park with local pastors and the supervisor of Brevard County Parks and Recreation. TPD increased patrol efforts at Veterans Memorial Park and they were doing their best to address these issues with campers in the park. 

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City Manager Larese stated that there would be a Brownfield Lunch and Learn Workshop on May 25, 2023 at 11:00 a.m. at the Helen Hauser Holiday Inn.

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City Attorneys Report – 

City Attorney Broome distributed some informational items to Council that involved Mr. Gregory J. Nelson’s request for relief and request for informal mediation regarding Council’s denial of Small Scale Amendment No. 5-2022, which was Ordinance No. 17-2023 and denial of rezoning Ordinance No. 18-2023. City Attorney Broome stated that on May 4, 2023 the City received a request for relief pursuant to section 70.51(4) Florida Statute from Gregory Nelson regarding the denial of the ordinances. Pursuant to section 70.51(4) Florida Statute the request for relief must be forwarded to a special magistrate who was mutually agreed upon by the owner and the City within 10 days of the receipt of the request and the City shall file a response to the request for relief within 15 days following the filing of the request for relief. 

City Attorney Broome stated that it was not possible to agree to a magistrate and have council concur within the 10 days and the City requested an extension though Mr. Nelson’s attorney, who agreed to extend the time until June 15, 2023. 

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City Attorney Broome stated that there was a summary judgement hearing earlier on May 9, 2023 with regard to the Speak Up case on the Right to Clean Water referendum. The arguments were heard by the judge and the judge advised that he would provide a ruling in the near future. 

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With no further business to discuss, the meeting adjourned at 7:30 p.m.