Regular City Council - July 11, 2023

City Council

Regular Meeting

July 11, 2023

The City of Titusville City Council met in regular session on Tuesday, July 11, 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 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Joe C. Robinson. and City Council Members Herman Cole, Jr. Col USAF Retired, and Jo Lynn Nelson, and Dr, Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes. 

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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, 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 May 23, 2023 (6:30 p.m.). Member Cole seconded the motion. The motion carried unanimously.

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City Manager Larese stated that Item 9C - Conditional Use Permit (CUP) No. 2-2023 – 3580 Garden Street (All American Oil) was moved to the Regular City Council meeting on August 8, 2023 at 6:30 p.m.

City Manager Larese stated that Item 9D - Conditional Use Permit (CUP) No. 3-2023 – 624 South Grannis Ave (Wayne Manor Investments, LLC) was withdrawn by the applicant.

City Manager Larese stated that Item 10A - Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 - Lieberman Multifamily was moved to the Regular City Council meeting on August 22, 2023 at 6:30 p.m.

Motion: Member Nelson moved to hear Item 9C - Conditional Use Permit (CUP) No. 2-2023 – 3580 Garden Street All American Oil at the Regular City Council meeting on August 8, 2023, withdraw Item 9D - Conditional Use Permit (CUP) No. 3-2023 – 624 South Grannis Ave (Wayne Manor Investments, LLC), and hear Item 10A - Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 - Lieberman Multifamily to the Regular City Council meeting on August 22, 2023, as requested. 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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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS –

Historic Preservation Board - The Historic Preservation Board semi-annual written report was included in the agenda packet. No action was requested.

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North Brevard Library District Board – City Manager Larese advised that the request was to accept the resignation of Regular Member Jan Corbin with an unexpired term to expire on September 30, 2023. Her resignation was effective on July 5, 2023.

Motion: Member Nelson moved to accept the resignation of North Brevard Library District Board Regular Member Jan Corbin with a term expiring on September 30, 2023, with regrets. The resignation was effective on July 5, 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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Planning and Zoning Commission – City Manager Larese advised that the request was to appoint one (1) regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2024.

Alternate Member Christopher Childs has expressed his willingness to serve as a regular member on the Planning and Zoning Commission, for the unexpired term of January 31, 2024; however, if not appointed as a regular member, Mr. Childs desires to continue serving as an alternate member on the Commission. There were two additional applications on file from Robert Stanley Johnston and Megan Moscoso.

Megan Moscoso stated that although she was a new resident to Titusville, she would bring a fresh perspective to the Planning and Zoning Commission that could lead to innovative and creative solutions. Ms. Moscoso stated that she was a quick learner and was committed to immersing herself into the intricacy of the role as a regular member. 

Mayor Diesel stated that he was impressed with Ms. Moscoso and he appreciated her applying for the board. 

Stan Johnston stated that he had lived in Titusville for over fifty years and retired from the City of Titusville in 2008 as a registered professional engineer and a registered surveyor. Mr. Johnston stated that he had experience with community development in the City of Titusville. Mr. Johnston also stated that he was ready to serve the City. 

City Clerk Wanda Wells stated that Christopher Childs was out of town and was unable to attend the meeting.

Vice-Mayor Robinson stated there were concerns in the past that Alternate Member Christopher Childs missed the Planning and Zoning Commission meetings. Vice-Mayor Robinson stated that after he reviewed the minutes of the P&Z meetings, it appeared that Mr. Childs improved his attendance record and participation at the meetings. Vice-Mayor Robinson stated that he was in support of appointing Mr. Childs to the regular member position and appointing Megan Moscoso to the alternate member position. 

Member Nelson stated that the she was in support of appointing Megan Moscoso to the commission as a regular member. 

Member Stoeckel stated that she was in support of appointing Megan Moscoso as a regular member. 

Motion: Member Nelson moved to appoint Megan Moscoso to the Planning and Zoning Commission as a regular member with an unexpired term to expire on January 31, 2024. Member Stoeckel seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            No

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried 5-1 4-1.   (Member Nelson made the correction prior to the meeting.  Council approved the minutes with this revision at the regular City Council meeting on October 24, 2023.)

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Resolution 17-2023 - Affordable Housing Advisory Committee (AHAC) – City Manager Larese advise that the request was to approve Resolution 17-2023 appointing/reappointing members to the Affordable Housing Advisory Committee (AHAC).

Since the adoption of Resolution 16-2021, the Neighborhood Services Department received resignations from three of the AHAC members. Additionally, the Department requested the removal of one member due to non-attendance and participation for the last two plan cycles. Further, the department received one application from a citizen desiring to serve on the AHAC. As result, the department requested approval of Resolution 17-2023 to reaffirm the service of three existing members and to appoint one new member to the AHAC. 

Staff requested Council consider the following actions:

Members requesting reappointment:

• William "Bill" Gary
• Joseph Richardson, P&Z Liaison
• Joe C. Robinson, Elected Official

Citizen requesting initial appointment:

Accept the following resignations:

• Fredia Atwood (verbal)
• M. Diane Ruth (written)
• Zoheir "Sid" Chehayeb (written)

Member disenrollment due to excessive absences:

The City continues to recruit members for the AHAC through various media platforms.

Stan Johnston stated that he was in support of Resolution No. 17-2023.

Motion: Member Nelson moved to approve Resolution No. 17-2023 - Affordable Housing Advisory Committee (AHAC) appointing a new member, reappointing members, and accepting the resignation of member to the AHAC, as recommended. 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 the disenrollment of Affordable Housing Advisory Committee (AHAC) Member Melissa Criss due to excessive absences. 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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Titusville Environmental Commission (TEC) Recommendation Related to Stormwater Testing – City Manager Larese advised that the request was to consider the TEC's recommendation to support a citizen initiative and grant permission to the citizen to have access to the City’s outfalls to collect water samples and report their findings back to the TEC.

On June 14, 2023, staff requested clarification from the TEC and the citizen prior to forwarding the recommendation to City Council. Based on the discussion at the TEC meeting, staff provided the following information for Council's consideration in regards to the citizen initiative.

• There are significant liability issues between an individual citizen versus an agency such as a corporation or not-for-profit agency. In 2015, UCF in partnership with the SJRWMD approached the City with a proposal to install a living shoreline demonstration project. The full detail and purpose of project was described. A hold harmless agreement was completed. The citizen’s initiative lacks such details.
• The Florida DEP’s stated priority was to address phosphorus and nitrogen. Other solids were a known issue. A recent presentation by Dr. Jacoby with the SJRWMD reaffirmed this commitment.
• The City’s consultant, Geosyntec, was currently drafting a master stormwater plan with recommendations and strategies for the City to consider.
• The volume of water going to the IRL was variable with each rain event.
• The City could model the rate of flow and conduct water testing with the use of consultants, if needed for compliance with the BMAP or other FDEP regulations or if deemed necessary by the City's consultant developing the City's water quality master plan.

Member Nelson stated that she was not in support of this item because of the liability issues. Member Nelson stated that she would support testing if it was done by the Marine Resource Council, the University of Central Florida, or the St. Johns Water Management District.  

Community Development Director Brad Parrish stated that staff had a lot of unanswered questions and staff was not comfortable going forward with this item right now. 

Stan Johnston discussed the sewage spill that occurred in Titusville in December 2020 and the fountains at Sand Point Park, etc.

Bill Klein stated that the Titusville Environmental Commission has been asking City Council to test the stormwater systems since the 1990s. Mr. Klein stated that City Council was responsible for Titusville and the Indian River Lagoon and they were not in support of testing the stormwater.

Mayor Diesel discussed the projects that the City has completed in the past year on water treatment.     

Marlys Breckle stated that the Citizens wanted data on the water that runs into the Indian River Lagoon. Ms. Breckle asked why the City would not let them test the water when they had a grant and the City would not have to pay for it. 

Council discussed who should be completing the testing, liabilities, data being correct, etc.  Council supported having multiple experts working together to test the waters. 

Motion: Member Cole moved to deny the request as recommended. Council supported testing, but needed to have confidence in the organization/individual that was completing the stormwater testing. Member Nelson 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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Titusville Environmental Commission (TEC) Recommendation Related to Televised Meetings – City Manager Larese advised that the request was to consider the recommendation of the TEC to live broadcast/stream and video record the TEC meetings, allow the Commission members on leave to dial in by Zoom, and also allow for public participation by Zoom.

Mayor Diesel stated that he was in support of televising the TEC meetings, but was unsure about dialing in by Zoom. 

Member Nelson stated that she did not have a problem with the Titusville Environmental Commission (TEC) members joining the meetings by zoom as long as they were not voting because of the legality. City Attorney Richard Broome stated that they had to have a physical quorum to conduct business, but if they were going to be in attendance as a member on zoom then they would have an obligation to vote. It would cause an issue when dealing with quasi-judicial items and evidentiary items. 

Mayor Diesel and Member Stoeckel stated that they were in support of broadcasting/streaming the TEC meetings on YouTube and online. 

Stan Johnston stated that he was in support of this item. 

Kay St. Onge stated that she attended most TEC meetings and if she was unable to attend, she requested the audio recording. Ms. St. Onge stated that watching a video was easier and more accommodating to those who were interested, but unable to attend. 

Marlys Breckle submitted a card, but chose not to speak on this item.

Toni Shifalo stated that she was in support of this item. Ms. Shifalo stated that a lot of people watched the City Council meetings on YouTube and people should be able to watch the TEC meetings. She stated that the issues discussed at the TEC meetings were tedious and important and easier to watch on video than listening to an audio.

Motion: Member Nelson moved to approved the Titusville Environmental Commission’s (TEC) request to live broadcast/stream and video record the TEC meetings.  The approval did not include moving forward with allowing the Commission Members on leave to dial in by Zoom or allow for public participation by Zoom. 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) –

Greg Price expressed concern on resolving an issue with the site and building permits to complete the expansion at the Lake Fern Academy related to Conditional Use Permit No. 10-2022 that was approved at the regular City Council meeting on April 11, 2023.  Based on the discussion, Mr. Price will discuss his concerns with Community Development Director Brad Parrish.

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Malinda Villain expressed concern on a 20 foot wide City owned dead end public right-of-way that runs along the length of her property located on Acorn Drive. Commercial vehicles are using this right-of-way and blocking the street and her driveway.  She requested the City add a weight and size restriction on the dead end right-of-way and preferred no use of commercial vehicles.  Staff will discuss code enforcement and bring back any changes that need to be completed to correct this issue.

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Kay St. Onge expressed concern of the pedestrian cross walk located at the intersection of US Highway 1 and Dairy Road.  She requested Council influence Florida Department of Transportation (FDOT) to send an inspector to the site and allow the inspector to consider moving the pedestrian cross walk signal button to another location away from the traffic lane and change the sequence in the red light to prevent vehicles from turning across the crosswalk when pedestrians are being signaled to cross the road.  Mayor Diesel advised he can meet with the City Manager to discuss and determine what can be done to assist with her concern.  

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Michael Dewyer asked if Community Development Director Brad Parrish had reviewed the Site Plan for Apollo Gardens. Community Development Director Brad Parrish stated that the second round of review for the Site Plan was under review at this time.

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Stan Johnston stated that he was involved in project called S&J Oaks, a three-acre project located at the corner of Whispering Hills Road and Elizabeth Avenue. Mr. Johnston stated the project was for twenty-eight town homes and had a preliminary plat. Mr. Johnston discussed issues he had with the project, etc.

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Douglas Conniff discussed crime in his neighborhood, etc.

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Toni Shifalo, Treasurer of Speak Up Titusville discussed the Right to Clean Water Charter Amendment. Ms. Shifalo stated that the Orange County Charter Amendment focused on the citizen’s right to clean water by having the water of Orange County protected against pollution. Ms. Shifalo stated that Titusville’s Right to Clean Water Charter Amendment created a direct human right to clean water.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there was one card submitted.

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

Stan Johnston stated that he was not in support of Items 8C, 8G and 8I. Mr. Johnston discussed the boil water alert in Titusville and the renovations at Water Resources Department, etc.

Motion: Member Nelson moved to approve Consent Agenda items A, B, C, D, E, F, G, H, I and J in accordance with recommendations. Vice-Mayor Robinson 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 – 

Ordinance No. 29-2023 - White/Chaffee Planned Industrial Development – City Attorney Broome read Ordinance No. 29-2023 of the City Of Titusville, Florida, amending the City’s Land Development Regulations (LDRs) to amend standards within the Planned Industrial Development (PID) zoning district for specified properties within the North Brevard Industrial Park and along Chaffee Drive by amending specified permitted uses with limitations, specifically amending Sections 28-54 “Use Table”, 28-97 “Automobile Repair”, 28-203 “Building Trades Services”, 28-211 “Machine Shop”, 28-212 “Mechanical Service and Repair”, and Section 28-364 “Outdoor Storage (As an accessory use)”; providing for severability; repeal of conflicting ordinances, effective date, and incorporation into the code. 

City Council directed staff to draft amendments to the LDRs to address potential conflicts between the City’s Land Development Regulations (LDRs) and the existing uses in certain areas of the City that are zoned for commercial and industrial uses. This included the unique development that has historically occurred on the properties that front White Drive and Chaffee Drive, all of which are zoned as PID. The Space Port Industrial Park was platted in 1971 and many of the existing uses are not permitted in the existing zoning category. The ordinance was an attempt to recognize that certain modifications to the land development regulations can serve to sustain existing businesses and enhance economic development opportunities within several areas of the City that allow commercial and industrial uses. The City desires to facilitate compatible commercial and industrial development to promote economic development while ensuring compatibility with existing development patterns.

This was the first of two public hearings. The final public hearing will be held at the regular City Council meeting on July 25, 2023 at 6:30 p.m.

The Planning and Zoning Commission will consider this ordinance at their July 19, 2023, regular meeting.

The public hearing was open.

Stan Johnston reviewed a handout that he provided to council regarding issues that he had with the City of Titusville, etc. 

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

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Conditional Use Permit (CUP) No. 1-2023 - 4411 South Capron Road (VFW Outdoor Storage) -City Manager Larese advised that the request was to approve Conditional Use Permit (CUP) No. 1-2023 with conditions to allow outdoor storage in the M-1 zoning district for property located at 4411 South Capron Road.

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

On June 21, 2023, the Planning and Zoning Commission recommend approval 5:0 with the staff recommended conditions, except amending condition #1 to consider a landscape buffer instead of a wall or fence and adding that the parking area being moved to the east as much as possible.

The applicant was requesting a Conditional Use Permit (CUP) to allow outdoor storage as an accessory use at an existing Veterans of Foreign Wars (VFW) Post located at 4411 Capron Road. A CUP was required for outdoor storage as an accessory use in the Light Industrial Services and Warehousing (M-1) zoning district when the future land use designation was not Industrial per Section 28-364(c)(2)a. A Conditional Use Permit was issued on the site in 1997 to erect a telecommunication antenna on the site (CUP No. 4-1997). Variance No. 6-1997 was approved on the site to reduce the rear yard setback for the antenna to 63 feet. The subject property contained 1.79± acres and was located within the City’s Area of Critical Concern. A portion of the site has been used for outdoor storage; however, a CUP for the accessory outdoor storage use has not previously been approved. The applicant was requesting to allow outdoor storage as an accessory to the current Veterans of Foreign Wars Post “as an economical resource for the veterans to park their RVs, boats, and etc.” The future land use designation on the property was Commercial High Intensity and the zoning district was Light Industrial Services and Warehousing (M-1).

Staff recommended approval with the following conditions:

1. An opaque masonry wall, or opaque fence consistent with Section 28-364.
2. A stabilized surface shall be illustrated on the site plan for all areas used for outdoor storage.
3. No outdoor storage was permitted within the minimum building setbacks of the M-1 zoning district.
4.  Landscape yards shall be illustrated on the site plan consistent with the landscaping requirements in Chapter 30, Article III, Division 10 of the Code unless a variance was approved.

Member Nelson asked if there would be any landscaping or anything to reduce the sound along the railroad track. Community Development Director Brad Parrish stated that the landscaping requirements would require landscaping on that side as well and he would have to refer to the Site Plan to determine the width of the landscaping required yard requirement.

Member Nelson asked if there was a limit on the amount of area that could be used for storage as opposed to what could be used for parking. Community Development Director Brad Parrish stated that they could use the whole property for outdoor storage as a use in the zoning district as long as they had another primary use on the property. When the applicant goes through the Site Plan process the City would be able to determine how much area they can utilize for outdoor storage.

The public hearing was open.

Ray Gamman, the applicant, stated that he spoke with the Planning Department and agreed to move everything to the east side by the railroad track and to go north no more than 100 feet from the rental sheds. Mr. Gamman stated that they agreed to put a fence and hedge on the property. 

Vice-Mayor Robinson stated that he was concerned about the neighboring property owners including Constance Ashworth. Ms. Ashworth expressed her concerns at the June 21, 2023 Planning and Zoning Commission meeting. 

Mr. Gammon stated that they have never brought large equipment on the property; however, food delivery trucks have entered and exited through the North Gate.  The south gate was only used for three days when the parking lot was resurfaced. 

Community Development Director Brad Parrish asked Mr. Gammon if he understood that the approval of the Conditional Use Permit would require a site plan and site development permit that may include a requirement for planting of new trees, irrigation, impervious pavement, stabilized services and stormwater treatments facility, possibly. 

Mr. Gammon stated that he understood and they were going to hire a contractor who knew the codes.

Community Development Director Brad Parrish stated that there was an expiration to establish the use that was four years. 

Stan Johnston stated that he did not have objections to this item, etc.

Community Development Director Brad Parrish restated the four conditions recommended by staff and stated that staff’s conditions addressed the condition of the Planning and Zoning Commission; therefore, there was no need for an additional condition. 

Motion: Member Nelson moved to approve Conditional Use Permit (CUP) No. 1-2023 - 4411 South Capron Road (VFW Outdoor Storage), as recommended by the staff with the following conditions:  (1) An opaque masonry wall, or opaque fence consistent with LDR Section 28-364; (2) A stabilized surface shall be illustrated on the site plan for all areas used for outdoor storage; (3) No outdoor storage was permitted within the minimum building setbacks of the Light Industrial Services and Warehousing (M-1) zoning district; and (4) Landscape yards shall be illustrated on the site plan consistent with the landscaping requirements in Chapter 30, Article III, Division 10 of the Code unless a variance was approved. 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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Mayor Diesel called for a recess from 8:50 p.m. to 8:58 p.m.

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Conditional Use Permit (CUP) No. 2-2023 - 3580 Garden Street All American Oil - This item was rescheduled to the regular City Council meeting on August 8, 2023 st 6:30 p.m. No action was requested.

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Conditional Use Permit (CUP) No. 3-2023 - 624 South Grannis Ave (Wayne Manor Investments, LLC) - This item was withdrawn by the applicant. No action was requested.

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ORDINANCES-FIRST READING - 

Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 - Lieberman Multifamily -The first reading of this item was rescheduled to the regular City Council meeting on August 22, 2023 at 6:30 p.m. No action was requested.

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OLD BUSINESS – None. 

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NEW BUSINESS 

Public Works Enterprise Funds Rate Review – City Manager Larese advised that the request was to provide direction on the Public Works enterprise funds rate reviews, as presented.

Public Works Director Kevin Cook presented a powerpoint that highlighted as follows:

• Enterprise Fund Rate Review – FY24
• Rate Review
• Water & Wastewater Trends
• Water & Wastewater Rate Projections
• Water & Wastewater Rate Impacts Residential
• Water & Wastewater Rate Comparable Residential
• Water & Wastewater Rate Impacts Small Commercial 
• Water & Wastewater Rate Comparable Small Commercial
• Water & Wastewater Rate Impacts Large Commercial
• Water & Wastewater Rate Comparable Large Commercial
• Water & Wastewater Upcoming Items
• Solid Waste Trends
• Solid Waste Rate Impacts
• Solid Waste Rate Impacts Residential
• Solid Waste Rate Comparable Residential
• Solid Waste Rate Impacts Small Commercial 
• Solid Waste Rate Comparable Small Commercial
• Solid Waste Rate Impacts Large Commercial
• Stormwater Trends
• Stormwater Rate Impacts
• Stormwater Rate Comparable ERU
• Stormwater BMAP Status
• Total Utility Rate Impacts Residential
• Total Utility Rate Impacts Small Commercial
• Total Utility Rate Impacts Large Commercial
• Next Steps

Council was supportive of the presentation and requested hard copies of the presentation to review prior to the upcoming budget workshop.

Stan Johnston asked about the paving and maintenance funding. Public Works Director Kevin Cook state that paving and maintenance funding came out of the general fund expense. Mr. Johnston stated that he was concerned with the amount of money being spent on water resources.   

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Award of Contract for Construction for Osprey Water Reclamation Facility Influent Screen Project – City Manager Larese advised that the request was to approve award of a Contract for Bid No. 23-B-032LR to L7 Construction, Inc. of Longwood, FL for the Osprey Water Reclamation Facility Influent Screen project in the amount of $1,785,900 to include the base bid and alternative bid item 6, approve the necessary budget amendment, and authorize the Mayor to execute the Contract.

The Osprey Water Reclamation Facility Influent structure has a screen that has failed on multiple occasions. Staff has been able to piece the screen back together in order to operate in a temporary fashion. However, due to the poor shape of the screen, numerous sized solids pass through the pretreatment structure into our new biological nutrient removal treatment train. Staff has found that the solids passing through cause our new mixers to rag up and have to be cleaned regularly to prevent failure

Public Works Director Kevin Cook stated that this project was funded by the sewer rates.

Vice-Mayor Robinson asked the difference between the base bid item and the alternate bid items. City Engineer Ashleigh Smith stated that the base bid item six and the alternate item six was for the cleaning of the new osprey BNR tank. In order to install the new screen which was ahead of the treatment process you have to go into bypass mode, which meant the raw waste water would go straight into the brand new BNR tank, so things like rags and debris that collected in there needed to be cleaned out so the new tanks mixers did not break. This item was added later after discussions with the City Engineer. 

Stan Johnston asked how the City was paying for this project. Public Works Director Kevin Cook stated that this project was funded by the sewer rates. 

Motion: Vice-Mayor Robinson moved to approve award of a Contract for Bid No. 23-B-032LR to L7 Construction, Inc. of Longwood, FL for the Osprey Water Reclamation Facility Influent Screen project in the amount of $1,785,900 to include the base bid and alternative bid item 6, approve the necessary budget amendment, and authorize the Mayor to execute the Contract, as recommended. Member Stoeckel 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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Award of Contract for Blue Heron Water Reclamation Facility Influent Screen Construction Project – City Manager Larese advised that the request was to approve award of a Contract for Bid No.23-B-033LR to Florida Design Contractors of Lake Park, FL for the Blue Heron Water Reclamation Facility Influent Screen Project construction project in the amount of $736,690, approve the necessary budget amendment, approve the project creation, and authorize the Mayor to execute the Contract upon review and approval of City staff. 

The Blue Heron Water Reclamation Facility Influent Headworks was in bypass mode since the existing screen failed. On May 9, 2023, City Council approved an advertised bid for the structural repairs necessary at the pretreatment structure before the screen could be placed. Florida Design Contractors was awarded the work for that project. The structural repairs will be under way shortly. The screen replacement was requested to move forward to bid closely with the structural repairs as the screen was expected to have a long lead time. The two projects coordinate well together and overall improve the pretreatment function at the Blue Heron plant.

Stan Johnston discussed the sewage spill that occurred in December of 2020.

 Motion: Member Nelson moved to approve award of a Contract for Bid No.23-B-033LR to Florida Design Contractors of Lake Park, FL for the Blue Heron Water Reclamation Facility Influent Screen Project construction project in the amount of $736,690, approve the necessary budget amendment, approve the project creation, and authorize the Mayor to execute the Contract upon review and approval of City staff, as recommended. Member Cole seconded the motion. The roll call vote was:

                             Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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Award of Contract for Mourning Dove Water Treatment Plant Carbon Dioxide Tank Replacement – City Manager Larese advised that the request was to approve award of a Contract for Bid No. 23-B-008LR to SDV Services of Titusville, FL for the Mourning Dove Water Treatment Plant Carbon Dioxide (CO2) Tank Replacement project in the amount of $1,148,000, approve the necessary budget amendment, and authorize the Mayor to execute the Contract upon review and approval of City staff.

The Mourning Dove water treatment plant has one carbon dioxide (CO2) tank as part of the treatment process. The existing tank was original with some rehabilitation performed in the early 2000s. The original tank was well past its lifespan and the rebuilt components have also reached their lifespan. So, a project was planned to replace the existing unit with a new CO2 tank. The work would include a new CO2 storage unit, new pressure solution feed panel, carbonic acid solution diffusers and temporary CO2 storage and supply provisions needed to keep CO2 supplied while the existing units are demolished.

Vice-Mayor Robinson asked if it was odd that only one vendor submitted a sealed bid when 17 vendors obtained bid document. Public Works Director Kevin Cook stated that this piece of equipment had one primary vendor in Florida. With only one bidder, the City was able to negotiate a price reduction of $50,000 from the original cost. 

Stan Johnston stated that he was not in support of this item. Mr. Johnston discussed the handout that he distributed earlier in the meeting, etc. 

Motion: Member Nelson moved to approve award of a Contract for Bid No. 23-B-008LR to SDV Services of Titusville, FL for the Mourning Dove Water Treatment Plant Carbon Dioxide (CO2) Tank Replacement project in the amount of $1,148,000, approve the necessary budget amendment, and authorize the Mayor to execute the Contract upon review and approval of City staff, as recommended. Member Cole seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously.

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Advisability to amend or repeal Code of Ordinances Sec. 11-379 "Solicitation on right-of-way" – City Manager Larese advised that the request was to consider advisability for staff to repeal or amend Section 11-379 of the Code of Ordinances "Solicitation on right of way" and utilize Brevard County's Ordinance 2022-12 to prohibit persons from interfering or impacting the safe and efficient movement of vehicular traffic.

The County Ordinance was effective county-wide and could be enforced by both the Brevard County Sheriff's office and municipal law enforcement unless a conflicting ordinance was passed by a municipality, in which event, the County Ordinance would not be effective in that municipality. The City of Titusville currently has in effect Sec. 11-379, of the Code of Ordinances, "Solicitation on right-of-way", which regulates the interaction between pedestrians and motor vehicle traffic. The City’s ordinance was similar to the County Ordinance, but required some amendments in light of the changes to Florida Statutes Section 316.2045. Accordingly, the City could either revise its current ordinance to address potential constitutional issues or could repeal the ordinance and allow the County Ordinance to control.

Stan Johnston stated that he did not see many people hitch-hiking and did not think it should be prohibited by law. 

Motion: Member Nelson moved to approve advisability for staff to prepare an ordinance to repeal or amend Section 11-379 of the Code of Ordinances “Solicitation on right of way” and utilize Brevard County’s Ordinance 2022-12 to prohibit persons from interfering or impacting the safe and efficient movement of vehicular traffic. 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 congratulated Member Stoeckel on her Home Rule Award from the Florida League of Cities.

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Mayor Diesel stated that the fireworks at Red, White and Boom at Chain of Lakes were outstanding and there was at least 8,000 people in attendance. 

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Mayor Diesel advised that he had discussions with a Consulate in Miami on the possibilities of the City of Titusville becoming a Sister City with a City in Israel.   He advised City Council that he will continue to have discussions and bring back information at a future meeting.  There was no objection from the City Council.

City Attorney Broome stated that if the Mayor was just going to engage in dialogue and not commit the City to anything, that was fine. If the Mayor wanted to get a recommendation from council or a vote from council for staff to move forward with the resolution or whatever was necessary to create a formal Sister City relationship, then council would need to give staff direction. No action at this time.

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Council Reports –

Member Stoeckel stated that she received the Home Rule Hero Award from the Florida League of Cities. 

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Member Cole discussed an informational briefing from the North Brevard Rotary on Sand Point Park. 

Motion: Member Cole moved to approve the North Brevard Rotary Club to give a presentation (informational briefing) regarding the grant funding, etc. for an all-inclusive park at Sand Point Park at the regular City Council meeting (presentation meeting) on September 26, 2023 at 5:30 p.m.   Member Stoeckel seconded the motion. The motion carried unanimously. 

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Member Nelson stated that the Boys and Girls Club were invited to Typhoon Lagoon for swim lesson by Disney.

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Member Nelson stated that she went to the St. Johns Water Management District presentation about the Indian River Lagoon and she learned that they might be willing to provide grants for cure in place pipes, which would help the City. They also discussed the increased sea grass growth in the Indian River Lagoon.

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Vice-Mayor Robinson stated that he attended a rescheduled Juneteenth event on July 8, 2023 and he spoke at the Boy and Girls Club on July 10, 2023. 

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Member Stoeckel stated that next year, City Council had to fill out annual financial interest Form 6 instead of Form 1. Member Stoeckel stated that the Florida League of Cities currently had a webinar out and would have a workshop at the annual conference in Orlando in August of 2023. 

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Member Cole stated that he wanted the Police Hall of Fane to provide a presentation to Council at regular City Council meeting (presentation meeting) on August 22, 2023 at 5:30 p.m.

Stan Johnston stated that he was in support of the presentation, etc. 

Motion: Member Cole moved to allow the Police Hall of Fame to give a presentation at the regular City Council meeting (presentation meeting) on August 22, 2023 at 5:30 p.m. Member Nelson seconded the motion. The motion carried unanimously. 

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

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City Manager Larese stated that the budget workshop was scheduled for August 17, 2023. 

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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 10:13 p.m.