Regular City Council - June 13, 2023

City Council

Regular Meeting

June 13, 2023

 

The City of Titusville City Council met in regular session on Tuesday, June 13, 2023, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796.

 

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Mayor Diesel called the City Council meeting to order at 6:50 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, and Jo Lynn Nelson, and Dr, Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff. Sr. Administrative Assistant Emily Campbell completed the minutes. 

 

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Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, Assistant City Clerk Jolynn Donhoff 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 28, 2023 (6:30 p.m.), April 25, 2023 (5:30 p.m.), April 25, 2023 (6:30 p.m.), May 9, 2023, and May 23, 2023 (5:30 p.m.) and special City Council meeting (Attorney-Client Session) on May 31, 2023., with correction to the March 28, 2023 (6:30 p.m.) minutes.  The correction of the minutes of March 28, 2023 (6:30 p.m.) was on New Business B - Member Stoeckel seconded the motion. Member Cole seconded the motion. The motion carried unanimously.

 

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SPECIAL RECOGNITIONS & PRESENTATIONS

 

Fire Department Green Belt Project – Optimizing Apparatus Repair – The Fire Department provided an overview on a Green Belt Project Optimizing Apparatus Repair. No action was requested.

 

Battalion Chief Adam Vaknin gave an overview on the Green Belt Project he completed this year. The focus for his project was on the turn-around times for apparatus repair and maintenance, assessing the compound effect of delays, and enacting changes to increase efficiency.

 

 

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Florida Live Local Act – Community Development Director Brad Parrish gave a presentation on the Live Local Act. No action was requested.

 

The presentation highlighted as follows:

 

  • Live Local Act – Senate Bill 102
  • Municipal Approval of Multifamily Affordable Housing
  • Municipal Approval of Multifamily Affordable Housing – Density
  • Municipal Approval of Multifamily Affordable Housing – Height
  • Height Overlay with One Mile Buffer
  • Zoning and Height Overlay Buffers
  • Incentives
  • All Other Local Standards Still Applicable
  • Policy Considerations
  • Local Option Affordable Housing Exemption
  • Governments Encouraged to Adopt Best Practices in Creating Surplus Land Programs
  • Outstanding Questions

 

Senate Bill 102 the Live Local Act was passed by the Legislature and signed by the Governor earlier this year. The Bill included:

 

  • Funding and tax credits up to $811 million for affordable housing programs
  • Three new property tax incentives and sales tax exemption for specified affordable housing developments.
  • Land use tools and role of local government by facilitating affordable housing in commercial, industrial, and mixed-use areas.
  • Publicly-owned land disposition procedures and long-term lease restrictions.
  • Encourages local governments to adopt best practices.

 

The bill goes into effect on July 1, 2023.

 

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BOARDS AND COMMISSIONS

 

Titusville Environmental Commission – Vice Chairperson Michael Myjak presented the Titusville Environmental Commission's Semi-Annual Report. No action was required.

 

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Titusville Environmental Commission – Leave of Absence – City Manager Larese advised that the request was to consider Titusville Environmental Commission (TEC) Regular Member Jim Yount’s request for a three month leave of absence from the Titusville Environmental Commission meetings for the months of June, July, and August 2023. 

 

Stan Johnston stated that Mr. Jim Yount was very qualified in environmental issues and that he was in support of Mr. Yount taking a leave of absence. 

 

Motion: Vice-Mayor Robinson moved to approve Titusville Environmental Commission (TEC) Regular Member Jim Yount’s request for a three month leave of absence from the TEC meetings for the months of June 2023 through August 2023. Member Stoeckel seconded the motion. The roll call vote was:

 

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 

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Planning and Zoning Commission – Leave of Absence – City Manager Larese advised that the request was to consider Planning and Zoning Commission (P&Z) Alternate Member John Rogers’ request for a leave of absence from the Planning and Zoning Commission meetings for the month of July 2023. 

 

Stan Johnston stated that he submitted an application for the Planning and Zoning Commission and there was a vacancy on the board. He expressed concern of the Planning and Zoning Commission having a quorum at future meetings. 

 

Motion: Member Nelson moved to approve Planning and Zoning Commission (P&Z) Alternate Member John Rogers’ request for a leave of absence from the Planning and Zoning Commission meetings for the month of July 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.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

 

Ms. Moscoso expressed her concerns for Apollo Gardens Site Plan being reviewed by the Planning Department and compared it to a similar project in Melbourne, Florida called Heritage Park at Crane Creek. Ms. Moscoso stated that the police were dispatched 436 time to Heritage Park from May 2022 to May 2023. Ms. Moscoso questioned if there were enough police and medical support in Titusville to handle the demand for that amount of calls if Apollo Gardens was to have the same issues similar to Heritage Park.

 

Community Development Director Brad Parrish stated that the City received responses for the first review of the Apollo Gardens site plan on Friday, June 16, 2023 and the City was reviewing their responses and resubmittal. Based off what City staff has reviewed, the site plan has been consistent with the City’s code.

 

Member Nelson asked if there were multiple calls for service to these apartments, what recourse does the City have to deal with the calls.  City Attorney Richard Broome stated that it would depend on the nature of the calls. Member Nelson also stated that if Apollo Gardens violated the code, then it would become a Code Enforcement issue.

 

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Stan Johnston discussed sewage spills in the City of Titusville and stated that he posted warning signs throughout the City.

 

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Maria Hilton discussed the comment letter that the City sent to Apollo Gardens. Ms. Hilton stated that she did not believe Apollo Gardens was following the Code and would need a Conditional Use Permit, which required a public hearing. Ms. Hilton stated that she was not in support of Apollo Gardens.

 

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Janet Davis stated that her house backed up to the location of Apollo Gardens and the only entrance and exit to the location of Apollo Garden was right by her house on small neighborhood streets. Ms. Davis stated that there was an attempt previously to build an apartment complex in the same location as Apollo Gardens, but it was declined because there was not sufficient access to the location.

 

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Michael Dewyer stated that he recently moved to Titusville and lived right across from the proposed Apollo Gardens Project. Mr. Dewyer stated that he was not in support of Apollo Gardens and he was concerned that it would cause a decrease in property values and an increase in crime rate. Mr. Dewyer stated that he felt the citizen’s concerns were not being addressed by the City.

 

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Christopher Childs discussed the Right to Clean Water Amendment. Mr. Childs stated that the Citizens of Titusville voted on it and it passed with 82%, and asked the City Council to withdraw their petition to the court and adopt the Right to Clean Water Amendment.

 

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Malinda Villain stated that she lived in the Indian River City historic neighborhood. Ms. Villain stated that her property bordered an alley way that was not incorporated into the neighboring properties. The alley way City owned, but not City maintained and was located in between incompatible uses. The alley way also borders a commercial property on the west side, and the previous and current owners of this property have destroyed part of her property by using the alley way.

 

Mayor Diesel advised Ms. Villian to speak with Community Development Director Brad Parrish to discuss this issue.

 

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Christopher Hylton asked what the requirements were for notifying the public prior to a conditional use permit or rezoning of a property.

 

Community Development Director Brad Parrish stated that a postcard with the dates of the public hearings were sent to property owners within 500 feet of the subject property and City staff placed a public hearing sign on the property facing the public right of way.

 

Mr. Hylton stated that he proposed that a sign was posted for 30 days so that the public knew the changes that were coming and have the opportunity to attend the hearing. Mr. Hylton stated that he was concerned that not every resident within 500 feet knew what was going on.

 

Community Development Director Brad Parrish stated that City staff sent out notices and posted a sign within a certain time frame prior to the first public hearing and a sign would be posted on the subject property at least ten days prior to the public hearing. Also, the City posted the proposals received on the website with an interactive map.

 

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Bruce Moya stated that he was the Space Coast Homebuilders Association Chairman of the Government Affairs. Mr. Moya stated that in response to the Live Local Act, the Space Coast Homebuilders Association put together a subcommittee that was made up of realtors, attorneys, bankers, engineers and affordable housing developers for affordable housing and he wanted the City to know that it was a resource available to them. Mr. Moya stated that the City of Melbourne had the final reading of their affordable housing ordinance, which the City of Titusville could use as a resource.

 

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Elizabeth Baker stated that there was sewage in the streets of Titusville in September of 2022. Ms. Baker stated that the Right to Clean Water Charter Amendment in Orange County was completely different than Titusville’s Right to Clean Water Charter Amendment. Ms. Baker was in support of Titusville’s Right to Clean Water Charter Amendment.

 

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CONSENT AGENDA

 

Assistant City Clerk Jolynn Donhoff advised that there were three cards submitted.

 

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

 

  1. Resolution No. 15-2023 and Subordination Agreement Between FDOT and the City of Titusville - Approve Resolution No. 15-2023 and authorize the Mayor to execute the subordination agreement between the Florida Department of Transportation (FDOT) and the City of Titusville.

 

  1. Amendment No. 1 for Engineering Services for the Sisson Road Force Main Improvements - Approve the award of amendment No. 1 to Wright Pierce, Inc., of Orlando, FL in the amount of $121,900 to provide engineering consulting services for additional survey and design efforts and authorize the Mayor to execute the amendment.

 

  1. Purchase Order increase for FY 2023 to Contract #CO21POO5 with Robinson Bush Consulting for Human Resources, Employee Benefits - Approve Purchase Order increase in the amount of $30,000 to increase the authorized FY23 amount of contract # CO21P005 with Robinson Bush for Human Resources, Employee Benefits to allow for additional consulting services for the FY 2023 and authorize the City Manager to execute the change to the Purchase Order.

 

  1. Use of Brevard County contract RFQ-6-22-13 with Tech Systems, Inc. for roof replacement at 1135 Knox McRae - Approve the utilization of Brevard County contract RFQ-6-22-13 with Tech Systems, Inc. for roof replacement at 1135 Knox McRae, the Field Operations Administration Building, in the amount of $65,706.88 and authorize the Mayor to execute the Piggyback Agreement. In addition, authorize the City staff to issue a Notice to Proceed and purchase order for the project.

 

  1. Use of Omnia contract #3341 with Trane Building Solutions for replacement of components of the HVAC system at Fire Headquarters - Approve the utilization of Omnia contract #3341 with Trane Building Solutions for replacement of components of the overall HVAC system in the amount of $81,452 and authorize City staff to issue the purchase order.

 

  1. Increase in hourly rate for legal fees for Attorney Jeffrey E. Mandel and the firm of Fisher & Phillips effective October 1, 2023 - Approve Attorney Jeffrey E. Mandel and the firm of Fisher & Phillips' increase in hourly rate for legal services on behalf of the City.

 

  1. General Contracting Services - Approve the award of contract to Jim's Complete Construction, LLC of Saint Could FL; MGM Contracting, Inc. of Cocoa FL; and Doug Wilson Enterprises, Inc. of Merritt Island FL for general contractor services for minor projects with an annual authorized amount not to exceed $175,000 and authorize the Mayor to execute the contracts.

 

  1. Clean Vessel Act Grant, CVA23-016 - Accept the Clean Vessel Act Grant award agreement CVA23-016 with the State of Florida Department of Environmental Protection for the purchase of a portable pump-out system on a power cart and required CVA accreditation signage. Also approve the related budget amendment recognizing the grant value of $13,251.75 and the City match of $4,417.25.

 

  1. Police Department transition to T Mobile for all cellular service to include cell phones and laptops aircards - Approve Police Department utilizing Florida State Contract DMS#-19/20-006B, Wireless Voice Services (WVS) and Wireless Data Services (WDS) contract vendor T-Mobile for all cell phones and laptop aircards. In addition, authorize the Mayor to execute service agreement provided in the agenda packet.

 

  1. Request for Relief pursuant to F.S. 70.51 and Designation of Paul R. Gougelman, Esq., as Special Magistrate - Approve Attorney Paul R. Gougelman as Special Magistrate, authorize City Attorney to execute Engagement Letter and designate Brad Parrish to attend mediation pursuant to F.S. 70.51.

 

Toni Shifalo discussed Consent Agenda Item 8F. Ms. Shifalo stated that she did not know what Attorney Jeffrey E. Mandel and the firm of Fisher & Phillips were doing for the City. Ms. Shifalo stated that in May 2021, a group of citizens discussed cleaning up the Indian River Lagoon and became incorporated into a non-profit called Speak Up Titusville. To date, Speak Up Titusville has spent over $25,000 on attorney fees to defend the Right to Clean Water Charter Amendment. 

 

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Stan Johnston stated that he was a registered professional engineer for 47 years. Mr. Johnston discussed Consent Agenda Item 8J and stated that he was not in support of this item. Mr. Johnston stated that false reporting was a felony, etc. 

 

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Christopher Hylton discussed Consent Agenda Item 8F. Mr. Hylton asked why the attorney was retained by the City and how much was the increase in hourly rate. City Attorney Richard Broome stated that the hourly rate would increase from $295 to $305 effective October 1, 2023 and Attorney Jeffrey E. Mandel and the firm of Fisher & Phillips have been assisting the City for more than twenty years with only labor issues on an as needed basis for certain grievances or union negotiations.

 

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

 

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Robinson            Yes

                                    Member Stoeckel                    Yes

                                    Member Cole                          Yes

Member Nelson                      Yes

                                    

The motion carried unanimously.

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION – 

 

City Attorney Broome read and reviewed the Quasi-judicial Rules of Procedure.

 

Annexation and Small Scale Comprehensive Plan Amendment (SSA) No. 11-2022 with Rezoning, Dairy Road Luxury Apartments – City Manager Larese advised that the request was to conduct the public hearing and second reading of ordinances for Annexation and Small Scale Comprehensive Plan Amendment (SSA) No. 11-2022 with Rezoning.

 

City Attorney Broome read Ordinance No. 24-2023 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, and

 

Ordinance No. 25-2023 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 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, and

 

Ordinance No. 26-2023 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.

 

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 wanted to encourage affordable housing. Member Rogers voted no because he was not comfortable with the recreation paths and setbacks.

 

The Applicant, Dairy & 1 Partners, LLC on behalf of Carmine Ferraro for North Point 10.87, Trust, were requesting a voluntary annexation, and Small-Scale Comprehensive Plan Amendment (SSA) with rezoning on approximately 15.08 acres for purposes of constructing a multifamily residential project consisting of 138 apartments. The subject property was made up of two (2) parcels. One parcel lied within the unincorporated County [2605 Donna Drive] and was the site of an existing single-family home. This parcel has a Brevard County FLU designation of Agricultural and Agricultural Residential (AU) zoning designation. The second parcel, which was vacant, lied within the City with a FLU designation of Low Intensity Commercial and Community Commercial (CC) zoning district. The parcels were located west of U.S. Highway 1 and north of Dairy Road. The intent of the request was to change the property to the City’s Medium Density Residential future land use category and Planned Development (PD) zoning district with master plan to support the intended multifamily development.

 

The PD ordinance submitted as part of the application limits uses on the property to 138 apartments (9.15 units per acre) ranging from one (1) to three (3) bedrooms and associated parking, dog park, pool, clubhouse, recreational trails and amenities. Accessory structures were limited to private swimming pools/space including screen enclosures, detached accessory structures and home-based businesses as permitted by the City of Titusville. Open space, including tree and wetland preservation areas exceed fifty (50) percent of the total site.

 

Community Development Director Brad Parrish reviewed the conditions of approval, which included a maximum 138 residential units, a minimum size of 600 square feet. Buildings and all structures shall be no greater than 45-feet in height. A recreational plan shall be submitted with the site plan that illustrates a significant increase in recreational amenities in the open space areas, including a multi-use path with exercise stations, a bicycle shelter, picnic areas with benches, grills and gazebos. Additional conditions address the potential of potable water for irrigation purposes and the use of Low Impact Development (LID) techniques to meet stormwater requirements. Further conditions limit the number of driveways and their location. Finally, a condition of approval related to cultural resources was included.

 

The public hearing was open.

 

John Marling, the applicant stated that he was the Chairman of Investors Realty and co-sponsor of the proposed Dairy Road Luxury Apartments developments. Mr. Marling stated that he incorporated Invested Realty in 1984 and in the last 28 years they have built mostly residential communities and apartments.  Mr. Marling stated that they would work with staff and do whatever was required.

 

Jim McKnight, the principle planner for the project stated that he spent 42 years in local government in Brevard County and 36 years as a City Manager. Mr. McKnight provided a presentation that highlighted as follows: 

 

  • Diary Road Apartments
  • Professional Team 
  • SSA No. 11-2022
  • Location Maps 
  • Zoning Map
  • Site Plan
  • Open Space
  • Tree Canopy 
  • Existing Vegetation Plan 
  • Existing Tree #852
  • Existing Tree #968
  • Existing Tree #981
  • Existing Tree #677
  • Sight Visibility 
  • Traffic Impact Analysis 
  • Renderings
  • Community Engagement Meeting
  • Previous Projects
  • Historic Preservation

 

Community Development Director Brad Parrish stated that the site plan process should address whether the applicant needed to make any kind of protections on this property because of some historic preservation impacts it might have.  

 

Jim McKnight stated that there were two gravestones that were ten inches into the property, which was why the owner deeded a 12-foot by 50-foot strip to the La Grange Cemetery.  

 

Edwina Boyd stated the she lived on Lagrange Road and there was a storm water drainage issue in that area. Ms. Boyd stated that every time there was a heavy rain or storm, the area would flood and since hurricane Matthew, her property has flooded up to four feet. Ms. Boyd expressed concern for the flooding in the area and asked the developers to help with the flooding. 

 

Kay St. Onge stated that the 15 wooded acres had ancient oak trees and served as a habitat corridor to Chain of Lakes Park for bobcats, bald eagles, and other mammals. Ms. St. Onge stated that if this development was approved, it would adversely impact wildlife and the nearby Indian River Lagoon. Ms. St. Onge stated that she found it impressive that if the rezoning was approved, then the developer would preserve 28% of the tree canopy on the property.

 

Mary Sphar stated that the Dairy Road Apartment complex was saving many trees. According to the staff report 27.8%, of the existing canopy would be preserved by designating at least 25% of the development area as tree canopy area and the applicant could take advantage of Incentive No. 2 in the tree ordinance. Ms. Sphar stated that the applicant was voluntarily planning to save tree canopy areas and there was not a requirement for a multi-family development. 

 

John Rogers suggested changing the development from four, two story buildings to another three-story building and putting the parking under the buildings. Mr. Rogers stated that he realized that was not possible now. Mr. Rogers stated that the developer might make more money off of three 500 square foot apartment compared to one 1,500 square foot apartment. 

 

Stan Johnston stated that he was not opposed to this project, etc. 

 

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

 

Mayor Diesel asked about the movement of wildlife on the property. Jim McKnight, the principle planner for the project stated that there would be surveys for the wildlife on the property during the site plan process. 

 

Motion: Member Stoeckel moved to extend the meeting till 11:00 p.m. Member Nelson seconded the motion. The motion carried unanimously. 


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Motion: Member Nelson moved to approve Ordinance No. 24-2023, as recommended by staff. The ordinance approved was included in the Council agenda packet. 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.

 

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Motion: Member Nelson moved to approve Ordinance No. 25-2023, as recommended by staff. The ordinance approved was included in the Council agenda packet. 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.

 

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Motion: Member Nelson moved to approve Ordinance No. 26-2023, as recommended by staff, which included staff’s conditions and one additional condition that a minimum of 25% of the existing tree canopy on the subject site will be preserved. Member Cole seconded the motion. The roll call vote was:

 

                                    Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

                                    

The motion carried unanimously.

 

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Mayor Diesel called for a recess from 10:35 p.m. to 10:44 p.m.

 

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ORDINANCES-FIRST READING – None. 

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS 

 

Transitional Housing – City Manager Larese advised that the request was to consider the staff's research and alternatives into the City's zoning regulations related to transitional housing, including homeless, domestic violence and emergency and protective shelters. At the Council's direction, the staff may propose amendments to the City's zoning regulations.

 

On March 28, 2023, the City Council approved advisability directing the staff to provide research and propose alternatives for consideration.

 

On May 23, 2023, City staff described the City's zoning regulations related to transitional housing. The Council provided input on short term housing potentially meaning less than 180 days versus long term or permanent housing beyond six months. Additional issues to consider were security, distances from other uses and concerns from the surrounding neighborhood. 

 

Community Development Director Brad Parrish reviewed the recommended alternatives that included:

  1. Draft an ordinance allowing emergency protective shelters in the Urban Mixed Use (UMU) zoning district with the following example limitations. Additional limitations could be proposed.
  • Up to 6 beds,
  • Up to 180 days,
  • Located a minimum 1,000 feet distance from another shelter,
  • Owned and maintained by a not-for-profit,
  • Meets all requirements of the Florida Building Code.
  1. Conditional Use Permit.
  2. No changes

 

Vice-Mayor Robinson asked if the City could set standards or conditions that put a limit on the cost or assist with the cost of fire repression equipment. Community Development Director Brad Parrish stated that after speaking with the Fire Marshal, there were very limited options that the City could offer. A fire suppression system was required about 90% of the time for residential use. 

 

Deborah Chambers, President and CEO of Ester’s Place stated that they have ministered 264 women in the past three years. Ms. Chambers stated that Ester’s Place fell under the Florida Board of Professional Regulations in the Florida Certification Board as a sober house, which did not require them to have any training, certifications, or licenses. They had to follow the ordinances of the City. The problem at Ester’s Place was the requirement for the fire suppression system that would cost around $50,000. 

 

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Motion: Member Nelson moved to extend the meeting until 11:30 p.m. Member Cole seconded the motion. The motion carried unanimously. 

 

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Community Development Director Brad Parrish stated that he spoke with Fire Marshal Paul Anderson and Deborah Chambers at length and they could not find a way around the fire suppression system. The option that was brought to Ms. Chambers was to have a group home and become licensed under a community residential home, which allowed several people that were unrelated by blood to live in a single-family home in a group home setting. The other option was to turn it into a multi-family use multi-family development and divide it into individual residential units or duplex. But, that would require a fire suppression unit as well. Ms. Chambers did not want to do either of the options. 

 

Stan Johnston stated that he was in support of Ester’s Place and asked City Council not to make stumbling blocks for it. 

 

Council came to a consensus that no changes were needed at this time; therefore, no action and no further direction was provided by Council.

 

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Award of Contract - ARPA FY23 Slip Lining and Manhole/Lift Station Rehabilitation – City Manager Larese advised that the request was to approve the award of contract to Instituform Technologies, LLC of Chesterfield, MO for the installation of slip lining and the construction of manhole/lift station rehabilitations within 2 basins of the Osprey Water Reclamation Facility Service Area in the amount of $2,105,234.74. Additionally, authorize the Mayor to execute the contract upon review and approval of City staff.

 

On July 26, 2022, City Council approved the use of American Rescue Plan Act (ARPA) Investments in the amount of $1,926,596 for the Osprey I&I Elimination project.

 

On March 14, 2023, City Council approved the reallocation of American Rescue Plan Act (ARPA) funds in the amount of $300,000 from the Indian River Force Main Project to Osprey I&I Elimination Project.

 

On March 9, 2023 the City of Titusville solicited bids, under ITB# 23-B-035/LR, for the installation of slip lining and the construction of manhole/lift station rehabilitations within 2 basins

of the Osprey Water Reclamation Facility Service Area. Forty-two (42) vendors, out of 669 notified, obtained bid documents. On May 15, 2023, bid submittals were received from nine firms. It was recommended that City Council approve award of contract to Instituform Technologies, LLC of Chesterfield, MO for the installation of slip lining and the construction of manhole/lift station rehabilitations within 2 basins of the Osprey Water Reclamation Facility Service Area in

the amount of $2,105,234.74. Additionally, authorize the Mayor to execute the contract upon review and approval of City staff.

 

Stan Johnston stated that he worked on similar projects and he was not in support of this item.

 

Motion: Member Nelson moved to approve the award of contract to Instituform Technologies, LLC of Chesterfield, MO for the installation of slip lining and the construction of manhole/lift station rehabilitations within 2 basins of the Osprey Water Reclamation Facility Service Area in the amount of $2,105,234.74. Additionally, authorize the Mayor to execute the contract upon review and approval of City staff. 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.

 

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FY2023-24 NBEDZ Budget Annual Expenditure of City Funds by the North Brevard Economic Development Zone (NBEDZ) – City Manager Larese advised that the request was to review and approve the FY2023-24 NBEDZ Budget annual expenditure of City funds, as contained within the annual budget for the North Brevard Economic Development Zone (NBEDZ).

 

The Interlocal Agreement between the City of Titusville and the North Brevard Economic Development Zone (NBEDZ) requires that the City review and approve the district's budget concerning the expenditure of City funds.

 

Troy Post, Executive Director of the North Brevard Economic Development Zone Board (NBEDZ) stated that the Brevard County Commission and City of Titusville entered into an interlocal agreement in 2011 that required review and approval of their budget. In 2012, there was an economic development plan that was crafted per mandate from the Titusville City Council and Brevard County Commission. In addition to the focus on creating jobs in the area and increasing capital investment, they also looked at what they could do to help with infrastructure capacity. 

 

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

 

Motion: Member Nelson moved to approve the FY2023-24 NBEDZ Budget annual expenditure of City funds as contained within the annual budget for the North Brevard Economic Development Zone (NBEDZ), as recommended. Member Stoeckel seconded the motion. The roll call vote was:

 

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

                                    

The motion carried unanimously.

 

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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 stated that on June 14, 2023, he would be attending the Flag Day Ceremony at the Elks’ Lodge. 

 

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Council Reports

 

Member Stoeckel stated that the Florida League of City’s (FLOC) annual conference registration was open in August and Policy Committees were currently open. If any of the Council Members were interested in serving, they would need to reach out to Executive Assistant Virginia Blaylock. Member Stoeckel stated that she was attempting to join the Land Use Committee of the FLOC. Member Stoeckel stated that she served on the Space Coast League of Cities Board as Treasurer and Mayor Diesel served as a representative of the City of Titusville.  

 

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

 

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Letter of Support - Military Installation Resilience Review Grant Proposal - City Manager Larese advised that the request was to authorize the Mayor to sign a Letter of Support for Military Installation Resilience Review Grant Proposal. 

 

The East Central Florida Regional Planning Council (ECFRPC) requested a letter of support from the City for a Military Installation Resilience Review grant proposal. The proposal included convening military installations, jurisdictions and other partners to identify and assess vulnerabilities and strategic projects and activities to advance the resilience of our critical military assets and the region as a whole.

 

As part of the letter of support, the City commits to engaging with the ECFRPC, installations and other partners to advance the project goals during and after the program timeframe in order to implement projects and activities identified through the process. 

 

Motion: Member Cole moved to authorize the Mayor to sign a Letter of Support for Military Installation Resilience Review Grant Proposal, as requested by the ECFRPC and outlined by the City Manager. Member Stoeckel seconded the motion. The motion carried unanimously. 

 

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The remaining items were informational only.

 

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City Attorneys Report – None.

 

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With no further business to discuss, the meeting adjourned at 11:30 p.m.