Regular City Council - May 23, 2023 at 6:30 PM

City Council

Regular Meeting

May 23, 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, May 23, 2023. 

Mayor Diesel called the City Council meeting to order at 7:50 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 City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. City Clerk Wells read the procedures 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 February 28, 2023 (6:30 p.m.), as submitted. Member Cole seconded the motion and it carried unanimously. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

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City Attorney Broome requested Council’s consideration of adding an item to the City Council meeting agenda, concerning City of Titusville vs. Speak Up Titusville, Inc. 

Motion:

Member Stoeckel moved to add an agenda item to discuss holding an executive session regarding the matter of City of Titusville vs. Speak Up Titusville, Inc. and placing this under the City Attorney’s Report. Member Nelson seconded the motion and it carried unanimously. 

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BOARDS AND COMMISSIONS

Titusville Housing Authority - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to reappoint three regular members to the Titusville

Housing Authority with terms to expire on May 31, 2027. The members were appointed by the Mayor with the approval of the City Council. The terms of Regular Members Billie N. Fitzgerald, June Hodson, and Laura M. Ward were due to expire. Each had expressed their desire to continue to serving on this authority and sought reappointment. There were no other applications on file. 

Stan Johnston submitted a public speaking card. He supported the request and commented on his board and commission application. 

Mayor Diesel indicated his desire was to reappoint Billie N. Fitzgerald, June Hodson, and Laura M. Ward to the Titusville Housing Authority for terms that would expire on May 31, 2027.

Motion:

Member Cole moved to approve the Mayor’s appointments of Billie N. Fitzgerald, June Hodson and Laura M. Ward as Regular Members to the Titusville Housing Authority, for four year terms to expire on May 31, 2027. Member Nelson 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. 

Motion:

Member Nelson moved to accept the resignation of Titusville Housing Authority Commissioner Shirley Watson with an unexpired term to expire on May 31, 2024.  The resignation was effective on May 12, 2023. 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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Titusville Environmental Commission (TEC) - Leave of Absence - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve TEC Regular Member Michael Myjak's request for a four month leave of absence from the TEC meetings for the months of July through October 2023.

Stan Johnston submitted a public speaking card. He supported the request for reasons he explained.

Brief Council discussion ensued on the Titusville Environmental Commission (TEC) meeting quorum requirements, a pending and tentative request from another TEC member that may also request a leave of absence, many projects were coming-up that may require the TEC’s consideration, Mr. Myjak’s requests for a leave of absence in prior years were approved, etc.  

Motion:

Member Stoeckel moved to approve Titusville Environmental Commission (TEC) Regular Member Michael Myjak's request for a four month leave of absence from the TEC meetings for the months of July through October 2023. Member Nelson 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

Multiple citizens spoke on the Apollo Gardens Project. 

Cristian Moscoso was a local pastor and Royal Oaks community representative. He read from a prepared statement that reviewed his concerns the Apollo Gardens Project may have an impact on his neighborhood, ensuring government transparency, his and his neighbors’ involvements in the community, concerns for unintended consequences on the applicant’s use of the property, whether the project was in the best interest of the community, etc. 

Per Mayor Diesel’s request on what items might require City Council’s involvement for such a project referenced by Mr. Moscoso, Community Development Director Brad Parrish advised that the City had received a site plan for a project called Apollo Gardens at a location on Demaret Drive. Staff was in the first review stages of the site plan submittal. Staff also felt the review could be made quickly. The applicant had also requested an expedited review as an affordable housing project. Staff was also in receipt of information the applicant had submitted to the State concerning the applicant’s affordable housing project and this was being reviewed against the information submitted to the State, too, to see if the information was consistent with the City zoning Codes, etc. The applicant must meet all other applicable requirements, too.  

In addition, Community Development Director Parrish advised the information submitted thus far indicated the project was consistent with the property’s existing zoning designation and as a multifamily development. Whether it was income restricted or not, staff currently considered it to be a multifamily development, but staff was also still reviewing the site plan submission. If the site plan was in compliance with the City’s existing zoning and policy requirements, the site plan would not be submitted to City Council for a public hearing, because the site’s existing zoning would allow the use. 

Mayor Diesel requested information if there were any other processes or steps the public could take, if the public felt the applicant’s goals were a problem. 

Community Development Director Parrish advised that since the applicant was still going through the aforementioned process, design issues may arise. If so, the applicant would have to take additional steps required by policy, if components of the project did not meet the City’s design requirements. He advised that based on what staff had reviewed thus far, a multifamily project was a permitted use allowed by the site’s zoning designation. Additionally, the site plan was deemed to be a complete application and it would be reviewed against on the City’s existing Code requirements. 

Member Stoeckel discussed receiving emails on concerns from the public, items that required being considered by the City Council or changes to a property’s land use or zoning designations, a concern for road access and traffic, items considered during site plan review, access (ingress and egress) management, the public’s concern on the use of the property, if transitional housing or any use was proposed within the zoning, processes for review were required, if a use was prohibited in the current zoning (hypothetical), then it would not be allowed, etc. 

Council and staff discussion ensued on “on-site” services versus public services for items like behavioral care and health, all items required to be reviewed against all applicable policies for compliance or being prohibited, whether the project was multi-use or not, certain changes to the project could require City Council’s consideration, etc.

Bill Balint distributed information. He expressed concerns and objections to the Apollo Gardens project, for reasons he read from a prepared statement. 

Billie Jo Clayton expressed concerns and objections to the Apollo Gardens project, for reasons she explained regarding legal access, access to the stormwater drainage, aging infrastructure that at one time was only built for the older surrounding neighborhood, concern for overloading the aging infrastructure, etc. 

Erron Fayson supported Carrfour Supportive Housing building a project in the City. He felt the City needed wrap-around services for individuals with drug addictions, mental health issues, and providing these individuals with supportive services and a place to stay. He reviewed his understanding of how these types of services worked, including that participants signed 1-year leases and paid rent while receiving services, etc. 

Jill Sterling expressed concerns on the Apollo Gardens project and being near Demaret Drive and Fox Lake Point, for reasons she read from a prepared statement. This included information on prior and current community concerns, obtaining Requests for Applications (RFAs) from various pertinent agencies on these matters, specific application language and comparison to policies, her perspective was the project was a “pilot”, her desire to have the Planning and Zoning Commission consider the project to ensure the intended use on the was compatible with the property’s zoning, etc. 

Vickie Conklin read from a prepared statement on the Fox Point Project, which she advised was a project adjacent to the Apollo Gardens Project. She advised this project was estimated for 80 units intended for high-users of behavioral public health systems. Tenant participation was voluntary, participants weren’t required to live on site, etc. Ms. Conklin indicated her concerns were for project application discrepancies, the total number of units and participants that might be served within the larger area for mental health and/or drug services, how the project would impact existing residences in the nearby area, the indication was the project site would be used for proving health services rather than multifamily housing, these issues causing dilemmas, etc.   

Maria Hylton commented on the Planning and Zoning Commission analyzing applications and items against Code and policy parameters, the Apollo Gardens Project use of the property as a treatment facility and a residential business was in question against Codes and policy, if a conditional use permit (CUP) was needed for the Apollo Gardens Project, what were the requirements, information that was available online via the City’s website was now removed, etc. 

Per Payor Diesel’s request, Community Development Director Parrish provided an overview of processes related to staff’s review of the project application, the software BS&A that was used for developers and others from the public to submit online applications, a software glitch that left a portal open containing incomplete department review comments, software vendor assistance, complete comments could be requested via public record requests, fulfilling Ms. Hylton’s public records request, etc.  

Christopher Hylton expressed his concerns on the Apollo Gardens Project, for reasons he read in a prepared statement. His concern was for the project being built loosely based on the legal allowable uses, but which might be tweaked by the developer to build a project that would permanently and negatively impact the nearby residences. 

Penny Riley expressed concern on the Apollo Garden Project and concerns for youth in her neighborhood. She advised youth were curiously drawn to go into the woods, where drug users may have left used hypodermic needles, fears for the safety of current and future generations of youth, impacts to the community if a project were built to provide services for drug addictions and mental health issues in the neighborhood, etc. 

Toni Shifalo of Titusville advised her neighborhood was more appropriate for the Apollo Gardens Project for reasons she explained. She requested the City complete a large-scale rezoning analysis of all properties in the City, make changes where appropriate, in order to work toward the vision for the community’s future.  

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Three citizens indicated they shared a home and spoke individually on their concerns and petitions. 

Natasha Crosby read from a prepared statement that highlighted her family’s issues with a prior order issued by a City official, having to legally vacate her home based on unpermitted work at her home and improvements made approximately 30-years ago, being homeless for a period of time, getting a variance to the City’s Codes later approved by the Board of Adjustments and Appeals, and her belief the options initially presented to her family concerning the unpermitted work or other findings were harsh and excessive. 

Mary Jitta read from a prepared statement that highlighted her family’s difficulties with a prior  order issued by a City official regarding unpermitted work and improvements made at her home approximately 30-years ago, being made to leave her home, her family returning to the home approximately 2-years ago, the issues began with an initial complaint made about the property, the difficulties and hardships these matters caused her family, having to leave her home within 24-hours after being ordered to leave, etc. In short, Ms. Jitta was concerned for other families that could be impacted the same way hers was affected and for this reason, she requested the City Council review the power and authority of the City’s building official. 

Pete Crosby requested City Council review and change City regulations allowing individuals to be ordered from their home based on building permitting issues. He read from a prepared statement that highlighted his family’s difficulties when being ordered to leave their home based on improvements made to the home approximately 30-years ago, his family’s investigation into other vacate orders, his discussions with an electrician about his own home and feedback on safety, the difficulty of being homeless during a national pandemic, a subsequent project on another home and his interactions with the City’s building official, getting legal assistance to champion these matters for his family, he and other family members would provide the City with their prepared statements or emails from which they read and evidence supporting their concerns. 

Mayor Diesel requested following up with the City Manager on the issues discussed by the citizens. 

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Elizabeth Baker commented on viewing a recent social media post and pictures of overstuffed trash dumpsters in the downtown. She went over to clean-up the mess herself and City staff were already working to pick-up the trash in the area in question. Ultimately, Ms. Baker was concerned with who had the responsibility to pick up trash on the ground or in various areas, how many businesses were using shared dumpsters, coming up with solutions to address the larger issue of trash in the City, etc. 

Per Mayor Diesel’s request, Public Works Director Kevin Cook highlighted the procedures on trash pick up for common public areas versus on private property, businesses sharing dumpsters, encouraging businesses to schedule more frequent trash pick-ups (additional cost indicated), etc. 

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Stan Johnston commented on not receiving responses from City officials on his concerns about false reports about sewage, disapproval of City officials, etc. 

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Kristin Lortie read from a prepared statement. She supported clean water and meaningful public participation. She disagreed that an upcoming private attorney-client session with City Council would not be open to the public regarding City of Titusville v. Speak Up Titusville, LLC. On May 10, 2023, she emailed the City or the City Council with personal proposals on citizen participation and the City’s strategic plan goals. 

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Josiah Gattle, Republican Liberty Caucus of East Central Florida, began by expressing concern on his belief the City had a sister-city relationship or program with China; however, Mayor Diesel and City Manager Larese advised this program was terminated in 2002 and was no longer active.   

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CONSENT AGENDA

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

issue resulting purchase order.

Mayor to execute the work order. 

Christopher Hylton submitted a public speaking card on Consent Agenda Item A. He confirmed insurance and payment information on the vehicle replacement, which was provided by City Manager Larese. 

Kristin Lortie expressed her dislike of the Consent Agenda procedures.  

Stan Johnston submitted public speaking cards on Consent Agenda Items B and I. He reviewed why he was neutral on these agenda items. 

Motion: 

Vice-Mayor Robinson moved to approve Consent Agenda Items A through I, in accordance with the recommendations. Member Nelson seconded the motion for discussion. 

Member Nelson commented on how Consent Agenda Item I increased the number of projects that benefited improving the health of the Indian River Lagoon. 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 – SECOND READING, PUBLIC HEARING AND RELATED ACTION

FY 23/24 Community Development Block Grant (CDBG) Annual Action Plan - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to conduct final public hearing on the City's FY 23/24 CDBG Annual Action Plan; authorize the Neighborhood Services Director and/or Mayor to sign the grant application and certification forms; and approve submittal of the Plan to the U.S. Department of Housing & Urban Development (HUD) for the utilization of CDBG grant funding in the amount of $310,501.

Mayor Diesel opened the public hearing. 

Kristin Lortie requested the City consider the practice and quality of public engagement and feedback in proposals such as this one. She liked that Orlando provided the public a website interface to leave comments. Ms. Lortie advised that Orlando also uploaded “the document” coming up for formal consideration for the public to read in the same area of the website. Cocoa also “put-out” colorful signage drawing attention to their upcoming public hearing proposals, with the idea to invite public feedback.  

Stan Johnston waived his right to speak.

With no additional persons that wished to speak, the public hearing was closed. 

Motion:

Member Nelson moved to approve the Fiscal Year (FY) 2023/2023 Community Development Block Grant (CDBG) Annual Action Plan, 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. 

City Attorney Broome highlighted the full scope of the requested action.  

Member Nelson advised she would restate the prior motion to include the entire recommended action. 

Motion:

Member Nelson moved to approve the Fiscal Year (FY) 2023/2023 Community Development Block Grant (CDBG) Annual Action Plan, as recommended, and approve the Neighborhood Services Director and/or Mayor to sign the grant application and certification forms, and approve submittal of the Plan to the U.S. Department of Housing & Urban Development (HUD) for the utilization of Community Development Block Grant (CDBG) grant funding in the amount of $310,501, as recommended. Member Cole’s second held 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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2022-2025 Local Housing Assistance Plan (LHAP) for the City's State Housing Initiative Partnership (SHIP) Grant Program - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Resolution No. 16-2023 and approve amendment to the Local Housing Assistance Plan (LHAP) for the City's State Housing Initiative Partnership (SHIP) grant program covering program years 2022-2025 to include additional affordable housing strategies.

Council discussion ensued with Neighborhood Services Director Terrie Franklin on the use of SHIP program funding, the length of programs, the goal of reducing costs for program participants, program income parameters, communication methodologies used to publicly advertise notice of funding opportunities, etc. 

Mayor Diesel opened the public hearing. 

Stan Johnston waived his right to speak.

With no additional persons that wished to speak, the public hearing was closed. 

Motion:

Member Nelson moved to approve Resolution No. 16-2023 and approve the amendment to the Local Housing Assistance Plan (LHAP) for the City's State Housing Initiative Partnership (SHIP) grant program covering program years 2022-2025 to include additional affordable housing strategies, 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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Comprehensive Plan Amendment (CPA) No. 1-2023 Water Supply Facilities Work Plan for 2023 (This is a legislative item) - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to conduct a public hearing and Transmit Comprehensive Plan Amendment (CPA) 1-2023 Water Supply Facilities Work Plan for 2023 to the State's Land Planning Agency (LPA) for review. (This was a public hearing to transmit CPA No. 1-2023 to the State. The adoption hearings were tentatively scheduled for August 2023.)

On May 17, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of the CPA#1-2023 for submittal to the State. Approved, 7-0.

Mayor Diesel opened the public hearing.

Stan Johnston expressed concern on having enough water in the future, whether moratoriums should be imposed on the usage of water, his belief there were issues with sewer capacity, etc.  

With no additional persons that wished to speak, the public hearing was closed. 

Motion:

Member Nelson moved to transmit Comprehensive Plan Amendment (CPA) Application No. 1-2023 Water Supply Facilities Work Plan for 2023 to the State's Land Planning Agency (LPA) for review, as recommended. 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-FIRST READING

Annexation and Small Scale Comprehensive Plan Amendment (SSA) No. 11-2022 with Rezoning, Dairy  Road Luxury Apartments – City Attorney Broome read the following ordinances for the first time and by title only:

Ordinance No. 24-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING SECTION 7, CHAPTER 63-2001, LAWS OF FLORIDA, SPECIAL ACTS OF 1963, BY ANNEXING CERTAIN PROPERTY LOCATED WEST OF N. U.S. HIGHWAY 1 HAVING PARCEL ID: 21-35-29-00-8 TO BE INCLUDED WITHIN THE CITY LIMITS; AND PROVIDING FOR AN EFFECTIVE DATE.

Ordinance No. 25-2023 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, 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 DESIGNATION FOR APPROXIMATELY 15.08 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF DAIRY RD AND N U.S. HIGHWAY 1 WITH PARCEL ID NUMBERS 21-35-29-00-8 AND 21-35-29-00-35, FROM THE NEIGHBORHOOD COMMERCIAL (BREVARD COUNTY) AND COMMERCIAL LOW INTENSITY FUTURE LAND USE DESIGNATION TO THE MEDIUM DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 

Ordinance No. 26-2023 – AN ORDINANCE AMENDING ORDINANCE NO. 5-1993 AND 29-2016 OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 15.08 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF DAIRY RD AND N U.S. HIGHWAY 1 WITH PARCEL ID NUMBERS 21-35-29-00-8 AND 21-35-29-00-35, FROM THE AGRICULTURAL RESIDENTIAL (BREVARD COUNTY) AND COMMUNITY COMMERCIAL ZONING DISTRICTS TO THE PLANNED DEVELOPMENT ZONING DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

The annexation and land use amendment were legislative items and the rezoning was a quasi-judicial item.

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the first reading of ordinances for Annexation and Small Scale Comprehensive Plan Amendment (SSA) No. 11-2022 with Rezoning.  He advised that on May 17, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing and recommended the following:

• Motion to recommend approval of the Annexation of 3.54 acres – Approved unanimously, 7-0.
• Motion to recommend approval of the Comprehensive Plan Future Land Use Map by changing the future land use designation on approximately 15.08 acres of the property from the current Commercial Low Intensity and Agricultural (Brevard County) to Medium Density Residential. Approved with a 6 yes, 1 no vote. Member Fayson voted no because he wants to encourage more affordable housing.
• Motion to recommend approval of the zoning map by changing the Community Commercial (CC) zoning district to the Planned Development (PD) zoning district on approximately 15.08 acres of property with the staff recommended conditions and an additional condition that there be two driveway access points. Approved with a 5 yes, 2 no vote. Member Fayson voted no because he wants to encourage affordable housing. Member Rogers voted no because he is not comfortable with the recreation paths and setbacks.

Stan Johnston submitted a public speaking card. He expressed concern for the future water supply. 

The public hearing on Small Scale Comprehensive Plan Amendment (SSA) Application No. 11-2022 and related Ordinance Nos. 24-2023, 25-2023, and 26-2023 was scheduled for the regular City Council meeting on June 13, 2023 at 6:30 p.m.

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OLD BUSINESS

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 for Council to review and provide comment on the proposed amendment to the City's Parks and Open Space regulations and approve advisability to advertise the draft ordinance.

Community Development Director Brad Parrish advised that two versions of the draft regulations were provided in the Council agenda packet---one version with strike through and underline of the language (showing new draft language with existing Code language that might be struck and removed) and a clean version (on page 681 of the agenda packet) to show the Council what the Code would look like with amended regulations, if adopted by the Council in the upcoming future. 

Community Development Director Parrish continued and highlighted the work that staff had completed thus far to address open space requirements in one particular section of the Code and other areas were indicated. The intent, purpose statements, applicability, exemptions, a standards table were also updated, as well as a section for office-commercial retail was a new feature. If Council felt any of the draft changes surpassed the Council’s prior authorization that granted staff advisability to draft an ordinance, then Council could discuss or direct what areas of the draft should be rescinded or “called-back’. 

Community Development Director Parrish further highlighted information on the following:

• The minimum open space for other development tools did not change
• Definitions for active and passive open space
• Information organized within a matrix
• Development standards applicable to all or some of the development tools, depending on Council’s desires
• Projects that may be affected by Code changes
• Walls and fences - standards
• Buffers and yards – standards and whether Council might consider a project to apply some amount of landscape buffer toward open space, especially for urbanized developments (making some exceptions)
• Access management
• Exclusions for items that should not count toward open space
• Additional standards
• Additional draft ordinance language for phasing (a new concept borrowed from the American Planning Association) to address various scenarios
• Matrix in the draft ordinance and its purpose and use by developers or public

Vice-Mayor Robinson and Community Development Director Parrish discussed his questions on how the draft regulations could affect small developments, the commercial application of the draft ordinance in the downtown and elsewhere, civic space requirements, waiver process through the Development Review Committee for downtown developments, the percentage in which private bodies of water or fountains or stormwater retention ponds might be used toward the open space or passive recreation requirements in the Planned Development zoning district, the conversations staff might have with developers on their projects on the Code requirements, open space and recreational amenities, staff’s prior system of guidance with developers on the Code requirements, it was not possible to have a perfect document or ordinance that would fit every project, establishing standards going forth to guide staff, etc.

Mayor Diesel commented on the important task of writing an ordinance, using careful word selection for the sake of being as clear as possible and in an effort to avoid analysis-paralysis, when the Code language was not clear and interpretation was necessary.  

Member Nelson desired removing ordinance language that indicated “…the following minimum, open space requirements were not cumulative and may overlap when combined…”.  Instead, she desired inserting language that indicated “Parks and open space shall be reserved for any development in the zoning districts for areas set forth in Code Section 30-2 required open space…”. 

Member Nelson also desired requiring the most stringent requirements for parks and open space, for the reason and anticipation of staff communicating with developers, and ensuring that (1.) the Code was clear on the City’s Code requirements without question; (2.) staff did not have to get into negotiations with developers on the Code because the Code was clear; (3.) counting 50% of the buffer requirement toward open space, not 100% percent, in order to make sure “something” was not (solely indicated) on a major highway, but was also located in an interior location for recreation; and (4.) Staff organizing a plan or proposal for how to address many small lots located on Garden and South Streets and any new Code requirements applying to bigger parcels or projects and not the smaller lots or parcels (asking the question, “what would be a good size” or reviewing requirements and whether they should only apply to larger properties), etc.   

Mayor Diesel advised that the more Council talked, the more they changed. This matter could be an infinite discussion.  Unique situations may come up and Council could later ask themselves “why did we previously approve such regulations”. One solution could be to evaluate along the way and make changes to the Code as needed.  

Community Development Director Parrish asked whether Council wanted more stringent rules because they wanted more space dedicated for parks and recreation or did the Council want to provide more flexibility in the City’s regulations.

Mayor Diesel and Member Cole indicated flexibility.

Member Nelson advised that the Council still needed to be clear about the regulations, so that developers knew what to expect.

Member Stoeckel also desired clarity. About flexibility, she liked the matrix of the different areas and she desired clarity in the Code for developers and if they wanted to do something different that was not covered specifically. For example, if a developer wanted to install a volleyball court, identify where in the Code this may fall under. Overall, Member Stoeckel did not want developers to “nickel and dime” every little piece for open space, but instead she wanted the rules to be clear and provide flexibility, so that if developers wanted to move things around for the sake of completing a good product.

Vice-Mayor Robinson desired providing a balanced form of flexibility, but still having standards.

City Manager Larese summarized the request was for Council to consider whether they desired approving advisability for staff to advertise the draft ordinance. 

Stan Johnston submitted a public speaking card. He expressed concern on a project of 28 townhomes on 3-acres, located near Elizabeth Avenue and Whispering Hills Drive. His concern was for prior oak trees cleared on the site and it appeared there was little room for sidewalks and open space for the project. He desired the Council look into this matter. 

Kristin Lortie submitted a public speaking card. She had the electronic copy of the Council agenda packet on her laptop computer and was able to follow along with the Council discussion, while documents within the Council agenda packet were referenced. She emphasized the importance of communication and sharing information with the public. She also desired the City to display the documents that Council may reference during Council meetings on the televisions, as well as posting Council and board agenda packets on the City webpage. 

Additionally, Ms. Lortie desired the City to set regulations for Home Owner Associations. Her concern was for issues that came up in future years, long after developers had completed their projects and moved on.  

In summary, the discussion on the City's Parks and Open Space regulations included revising the Land Development Regulations Section 31-63, counting 50% of the buffer toward the Open Space, reviewing requirements and whether they should only apply to larger properties, allowing flexibility, having clear and concise code language, etc.

Motion:

Member Nelson moved to approve advisability to prepare and advertise an ordinance related to the City's Parks and Open Space regulations for first reading, based on the City Council’s comments at this meeting. 

Community Development Director Parrish clarified “when” the Council desired seeing a draft of the ordinance. The indication was at the first reading of the ordinance. The Council could make more changes to the draft ordinance at the first reading, if desired. If changes were more stringent than what was legally advertised, staff would be required to re-advertise and reschedule the public hearings. 

Member Stoeckel 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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It was 10:30 p.m.

Motion:

Member Nelson moved to extend the Council meeting until 11:00 (for 30 minutes). Member Cole seconded the motion and it carried unanimously. 

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NEW BUSINESS

Update on the Economic Development Strategic Plan – In follow-up to the presentation on this item provided at the regular City Council meeting for special recognitions and presentations on May 23, 2023 at 5:30 p.m., City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to accept the status report of the 2017 Economic Strategic Plan and provide direction. 

Member Nelson desired the downtown merchants getting together and promoting activities in the downtown at least two or three times per year, for the purpose of attracting the public to the downtown. For example, the theater might host outdoor concerts.  

Member Stoeckel desired updating the plan, with a focus or mapped trajectory on the vision of the plan. She desired being strategic about industrial and commercial areas, having a cohesive vision for future development, marketing, and attracting businesses that would support future development. 

Mayor Diesel felt updates to the plan were appropriate, but also reinventing the plan was not necessary. 

Stan Johnston submitted a public speaking card. He commented on a prior presentation he attended at Titusville High School that discussed cleaning the Indian River Lagoon. He also commented on the City’s Sustainability Plan. 

Kristin Lortie submitted a public speaking card. She desired the public providing input on the plan. She also questioned how the many various plans, like the Sustainability Plan, the Economic Development Plan, etc., were coordinated to work with each other and to perpetuate the goals of each plan. 

Motion:

Member Nelson moved to accept the status report of the 2017 Economic Strategic Plan and requested the plan be updated, as discussed by Council. 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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Verona, Village C - Sketch Plat - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve the sketch plat for Verona, Village C Sketch Plat. 

On May 17, 2023, the Planning and Zoning Commission (P&Z) recommended approval of the Verona Village C sketch plat and to request that the applicant provide traffic calming examples to City Council to illustrate that traffic calming could be done. Approved with a 6 yes, 1 no vote. Member Fayson voted no due to the minimum of 40-foot lots and the concern with on-street parking hazards.

Member Stoeckel and Community Development Director Parrish discussed what areas in the Code provided for Council discretion when considering approval of sketch plats, as compared to other items that must only meet Code criteria. The indication for areas of Council discretion or commentary were high-level, including the proposed layout of the subdivision, number of residential units, the access points, what items were targeted for preserving, etc. Requests or conditions could also be imposed. Community Development Director Parrish discussed read Land Development Regulation Section 34-151(c). 

Member Nelson discussed a road where persons may speed. She desired traffic calming in the area that she described. This was discussed as a possible condition of approval. The road must also meet engineering standards. There was also an assumption that there was more speeding on straight roads. 

Brian Ashby of Kimley-Horn Associates, on behalf of the Sketch Plat, spoke to the concern on traffic calming and methods used to encourage traffic calming, pedestrian awareness, standard stop signs, speed tables, examples from the City of Apopka, etc. He also distributed information and highlighted the purpose of speed tables and other information, per Member Nelson’s request. Emergency vehicles were also a consideration in matters regarding traffic calming devices. 

Erron Fayson submitted a public speaking card. He was a member of the P&Z and reviewed why he voted at the P&Z meeting. His concern was for the price of the units proposed in the development were not affordable in his opinion. He desired more affordable housing options, removing on-street parking, etc.

Member Stoeckel also expressed concern for on-street parking, to which Community Development Director Parrish and Mr. Ashby responded and discussed the Code requirements for sidewalks, residential parking, the width of the public right-of-way, asphalt, curbing, utility strips, etc. 

Mr. Ashby continued and discussed that lot sizes would vary, each home would have a 2-car garage, boasting the subdivision layout provided that no homes backed-up to other homes, but instead, each home would back up to conservation, stormwater retention, etc. A substantial amount of vacant and open space would also be preserved in a conservation easement for the entire project. 

Per Member Cole’s request, Mr. Ashby discussed plans for overflow parking for the subdivision, for when the subdivision’s residents had guests over to their homes.  

Stan Johnston waived his right to speak. 

Motion:

Member Cole moved to approve the sketch plat for Verona, Village C Sketch Plat, as recommended. Member Nelson 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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It was 11:00 p.m.

Motion:

Member Stoeckel moved to extend the Council meeting until 11:15 (for 15 minutes). Member Nelson seconded the motion and it carried unanimously. 

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Restore Indian River Lagoon (IRL) Inflow Project Letter of Support - City Manager highlighted the request as provided in the Council agenda packet. He advised that a letter of the City’s support was requested based that on May 10, 2023, the Titusville Environmental Commission (TEC) had recommended the City Council support the $4.9 million in the State budget for the University of Central Florida’s Restore Indian River Lagoon Inflow (RLI) project. The funding would continue Phase 4 of the project, for UCF to resume work by the Florida Institute of Technology and begin the “inflow” process of transferring ocean water into the Lagoon by installing temporary pumps at Port Canaveral. The project would demonstrate potential water quality improvements in the Lagoon with the installation of a pilot project to investigate nitrogen reduction and increased dissolved oxygen through increased ocean inflow. Funding also supported completion of the Restore Indian River Lagoon Inflow (RLI) project and a feasibility study for the implementation of a pilot project in the Mosquito Lagoon.

Community Development Director Parrish advised the State had this funding (allocated by the State Legislature) in their budget and a letter of support was requested from City Council, in order to communicate with Florida’s governor and request the governor not strike this funding from the State budget. 

Stan Johnston submitted a public speaking card. He supported the request. 

Motion:

Member Nelson moved to authorize the Mayor to sign a letter of support and approved the request from the Titusville Environmental Commission recommending the City Council support the $4.9 million in the State budget for the University of Central Florida’s Restore Indian River Lagoon Inflow (RLI) project. 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) – None. 

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MAYOR AND COUNCIL REPORTS

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

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Mayor Diesel commented on attending the City’s Student Awards Ceremony, the Astronaut High School graduation, and plans to attend the upcoming Titusville high School graduation. He also reviewed events attended by Vice-Mayor Robinson in his recent absence. 

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Council Reports - 

Member Nelson praised the Public Works Department on assisting a citizen with trash at the edge of their yard. 

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Member Cole commented on attending a Police Hall of Fame function. 

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Vice-Mayor Robinson commented on attending the recent Mayor’s breakfast for Mayor Diesel. He also commented on attending a full day workshop on affordable housing, City staff attending the workshop, an economic development meeting, a Memorial Day ceremony, the Transportation Planning Organization meeting, staff assisting him with his schedule, and being sure to uphold his own integrity and respecting the positions of the other Council Members, if he attended meetings on their behalf (not taking undue credit).  

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Member Stoeckel commented on feedback she heard on the success of the Mayor’s breakfast, City staff members’ children that recently graduated high school, etc. 

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report. One item on his report requested Council’s consideration. 

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Appointment to Bicycle Pedestrian Technical Advisory Committee – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to select a representative from City staff to be a regular member of the Space Coast Pedestrian Technical Advisory Committee (BPTAC). Staff recommended Economic Development Coordinator Nicholas Gow fill this role. 

Stan Johnston waived his right to speak. 

Motion:

Member Stoeckel moved to approve Economic and Redevelopment Coordinator Nicholas Gow to serve as the City’s representative on the Bicycle Pedestrian Technical Advisory Committee, as recommended. Member Nelson seconded the motion and it carried unanimously. 

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The remaining items on the City Manager’s Report were informational only.

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It was 11:15 p.m.

Motion:

Member Nelson moved to extend the Council meeting until 11:20 p.m. (for 5 minutes). Member Cole seconded the motion and it carried unanimously. 

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CITY ATTORNEY’S REPORT

City of Titusville vs. Speak Up Titusville, Inc. – City Attorney Broome distributed information. He advised this matter was in pending litigation and he would need to seek the City Council’s advice. For this reason, he requested scheduling an executive session (private attorney-client session) with the Council for purposes stated.  

Council discussion ensued on potential dates to hold the executive session. The indication was May 31, 2023 at 5 p.m. was agreeable by each Council member. 

Toni Shifalo submitted a public speaking card. She advised that a judge issued a judgement on this matter that favored Speak Up Titusville, Inc. She indicated the judge felt the charter amendment’s ballot language was clear. She was displeased with the request to schedule an executive session, for reasons she explained. 

Stan Johnston submitted a public speaking card. He was displeased with the request to schedule an executive session. 

Kristin Lortie submitted a public speaking card. She felt the proposed executive session (private attorney-client session) should be open to the public. 

It was 11:25 p.m.

Motion:

Member Nelson moved to extend the Council meeting until 11:30 p.m. Member Stoeckel seconded the motion and it carried unanimously. 

Member Nelson and City Attorney Broome discussed that a certified court reporter would record the discussion at the proposed executive session (attorney-client session) and the transcript of the session would be available to the public at the conclusion of the litigation. City Attorney Broome also identified the purpose and the persons that would attend the proposed attorney-client session; however, the Council Members would not vote on any issue during the private attorney-client session. 

Member Nelson advised she understood Judge Holcombe’s ruling. She also advised that she was contacted by her peers or other attorneys and a judge during the last election that asked her what the Speak Up Titusville Charter Amendment meant. 

Any issues that required Council to vote would be conducted at a properly noticed City Council meeting that was open to the public. 

City Attorney Broome outlined the prescribed legal procedures for the City Attorney to seek advice from the City Council regarding litigation, etc. 

Motion:

Member Nelson moved to approve scheduling an executive session to discuss pending litigation involving the City of Titusville v. Speak Up Titusville, Inc. The purpose of this executive session was to discuss settlement negotiations or strategy sessions related to litigation expenditures.  The executive session would be held on Wednesday, May 31, 2023 at 5:00 p.m. 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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With no further business to discuss, the meeting adjourned at 11:30 p.m.