Regular City Council - August 22, 2023 at 6:30 PM

City Council

Regular Meeting

August 22, 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, August 22, 2023. 

Mayor Diesel called the City Council meeting to order at 7:43 p.m., not 6:30 p.m. due to the prior Council meeting for special recognitions and presentations 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. 

xxx

MINUTES

Motion:

Member Nelson moved to approve the minutes of the regular City Council meeting on July 25, 2023 (6:30 p.m.), as submitted. Member Cole seconded the motion and it carried unanimously. 

xxx

SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

xxx

BOARDS AND COMMISSIONS

Planning and Zoning Commission - The Planning and Zoning Commission's semi-annual written report was included in the Council agenda packet. No action was requested.

xxx

North Brevard Commission on Parks and Recreation – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to appoint two regular members to the North Brevard Commission on Parks and Recreation with terms to expire on August 31, 2025. The terms of regular board members Bianca Alaimo and Koren Odermann were due to expire on August 31, 2023. Both individuals desired continue serving on this board. Additionally, Christopher Reynolds submitted an application for the Council’s consideration. 

Mayor Diesel expressed concern that this board had revised its meeting schedule from holding monthly meetings to holding quarterly meetings. He advised that there was no quorum at the last scheduled meeting. Mayor Diesel stated that by holding monthly meetings, there was a rhythm or frequency and an increased likeliness that board members would attend the meetings. He desired addressing this concern in the future. 

Stan Johnston submitted a public speaking card. He supported reappointing the two aforementioned incumbents. He also commented on concerns not related to the agenda item.

Motion:

Member Cole moved to reappoint Koren Odermann and Bianca Alaimo as regular members on the North Brevard Commission on Parks and Recreation with terms to expire on August 31, 2025. 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. 

xxx

North Brevard Library District Board – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to appoint one (1) regular member to the North Brevard Library District Board for an unexpired term that would expire on September 30, 2024. Ms. Nancy Praver had submitted an application. There were no other applications on file.

Member Nelson commented on the board having difficulties meeting their quorum requirement. She supported appointing Ms. Paver to the board. 

Stan Johnston submitted a public speaking card. He supported the applicant’s qualifications.

Nancy Praver commented on behalf of her application. 

Motion:

Member Nelson moved to appoint Nancy Praver as a regular member on the North Brevard Library District Board for an unexpired term that would expire on September 30, 2024. 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. 

xxx

Accessory Dwelling Units - Planning and Zoning Commission's Recommendation – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to review the Planning and Zoning Commission's (P&Z) recommendation to Council to amend the City's Accessory Dwelling Unit regulations.

On January 18, 2023, the P&Z discussed Accessory Dwelling Units (ADU) as an affordable housing option. The P&Z was concerned why the ordinance (regulations) were not utilized more often and if there were any standards that could be made to be more flexible. The P&Z then requested that the Council consider changes to the ADU regulations.

On February 14, 2023, the Council requested the P&Z investigate the issue further and respond within six months. The Council also requested the P&Z look at the possible effects on neighborhoods, acceptance of ADUs in neighborhoods, and the commonality of implementation in all neighborhoods.

After several meetings and on July 19, 2023, the P&Z recommended the Council consider the changes identified in draft regulations provided in the Council agenda packet, including the following recommendations:

Community Development Director Brad Parrish highlighted the P&Z’s recommendations and proposed changes to the City’s Codes, which began on page 55 of the Council agenda packet. 

Vice-Mayor Robinson and staff discussed his questions on the specific purpose of the P&Z’s recommendations specific to amending the maximum floor area of ADUs, other policy and Code considerations that were considered cumulatively for accessory dwelling units, Florida Building Code requirements, etc.  

Member Stoeckel and staff discussed her understanding of current Code allowances versus the P&Z recommendations, how the proposals would be applied to various zoning districts, parking,  whether many citizens had expressed an interest in these regulations to date, etc.

Member Cole and staff discussed his questions on architectural compatibility with principal dwellings. 

Stan Johnston submitted a public speaking card. He indicated support of the Planning and Zoning Commission’s (P&Z) recommendations. 

Erron Fayson, a member of the Planning and Zoning Commission (P&Z), provided his perspective or understanding of the P&Z’s intentions and recommendations. 

Member Stoeckel and staff discussed her questions on a chart located on page 55 of the Council agenda packet. She indicated her main concern, if smaller lot sizes were a consideration. 

Motion:

Member Cole moved to maintain the City's current Accessory Dwelling Unit (ADU) regulations.

Member Cole expressed concern on smaller lot sizes (indicated were not included) and whether current regulations were more restrictive. Staff indicated the Code currently allowed ADUs. The P&Z intended to make the regulations more flexible, which was reviewed in more detail by Community Development Director Parrish. 

Member Cole’s motion died for the lack of a second. 

Motion:

Member Nelson moved to provide staff advisability to prepare an ordinance based on the Planning and Zoning’s Commissions’ recommendations to Council to amend the City’s Accessory Dwelling Unit regulations. Vice-Mayor Robinson seconded the motion. 

Member Stoeckel requested more discussion. She advised that she would like to incorporate the larger lot sizes as discussed at this meeting. Member Stoeckel commented that the regulations were available or applied to smaller lot sizes, but they were more restrictive. She wanted to loosen the regulations for the larger lot sizes, too. She advised she would go along with the recommendation of approving advisability, but she would have more suggestions upon receiving and viewing a draft of the tentative proposed ordinance. 

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. 

Community Development Director Parrish clarified the Council’s intentions in their approval of advisability to draft this ordinance. City Attorney Broome advised that if during or following the first reading of the pending draft ordinance and the Council desired making additional changes beyond the Council’s current direction, subsequent regulations that were beyond the scope authorized at this meeting would have to be advertised for additional public hearings. 

xxx

Concept Plan of Proposed Urban Forestry Program - City Manager Larese highlighted the request provided in the Council agenda packet. This agenda item was scheduled in response to City Council’s direction on March 14, 2023 and the Council’s direction to evaluate the Titusville Environmental Commission's (TEC) Concept Plan of Proposed Urban Forestry Program and request to hire an arborist.

On March 14, 2023, the Council was presented the TEC’s draft plan titled the Concept Plan of Proposed Urban Forestry Program with a request to hire a full-time arborist. Council had also directed staff to assess the plan, analyze and provide cost estimates for the proposed items, including the feasibility and the cost of an arborist. Additionally, the Council previously requested staff review the resources, impacts, and staff’s needs to implement the plan, and determine strategies to engage the community.

The following four (4) options were suggested for the Council's consideration: 

1. Adopt the TEC’s plan; however, tree education, plantings and new staff were not budgeted.
2. Submit a Florida Forest Service urban forest planning grant to develop a vision, canopy goal, and list of specific actions with community involvement. The grant required a one-to-one match. A detailed plan could be $50,000.
3. Convene an ad hoc committee with direction to develop a vision, canopy goal and list of actions.
4. Take no action. 

On August 9, 2023, staff's report was presented to the TEC for comment. The TEC recommended approval of the concept plan as proposed [in Option 1] for the urban forestry program with suggested projects and activities, with a focus to allow its development as prioritized with the resources available, so that the plan would be in place and on the matter of how the City moved forward---this could be determined as these matters moved further along. In addition, the TEC recommended that the City seek grant funds to implement the urban forestry concept plan.

A lengthy discussion ensued on the four (4) aforementioned options and information.  

Community Development Director Parrish advised that a plan was laid out beginning on page 61 of the Council agenda packet. He advised the Public Works Director had also provided analysis and costs for the options recommended by the TEC. Additionally, Community Development Director Parrish reviewed information on each of the aforementioned options, the costs, etc. 

Per Member Stoeckel’s request, staff reviewed and advised what actions the City was already taking in support of trees, planning, having certified arborists on staff, the City being part of the Tree City U.S.A. Program, etc. 

Per Member Nelson’s request, staff advised that the City was getting “tree boxes” at three locations that were being added as part of stormwater features. The locations were in The Commons, City Hall basins, and possibly Brevard and Gray Streets depending upon the engineering analysis, etc. 

Member Stoeckel and staff discussed her questions on page 68 of the Council agenda packet concerning the City’s Sustainability Action Plan, whether there was an internal plan to incorporate some of this plan’s recommendations and when this might occur, staff and the public having received feedback from a professor in Tampa, FL that was affiliated with the Institute of Food and Agricultural Sciences (IFAS) during a training conference, the City had completed the first recommended step of completing a tree canopy assessment (supported by IFAS), then coming up with a plan of action or tree canopy goal, but which there was also no scientific basis or protocol, obtaining funding or allocating resources to work toward these goals, etc. 

Vice-Mayor Robinson and staff discussed his questions on whether or how often the Titusville Environmental Commission (TEC) and current staff arborists communicated, the TEC’s recommendation to hire a full-time arborist and the role’s duties, the relationship status of current staff arborists and the TEC, and utilizing current City staff arborists and getting their feedback before moving further ahead, etc. 

Member Nelson desired taking incremental, prioritized, visually mapped steps, in order to make progress on the related goals. 

Several individuals submitted public speaking cards.

Kay St. Onge read from a prepared statement that highlighted information on Savannah, Georgia and formal direction by their Council in 1810 to provide shade in public squares. She encouraged the Titusville City Council to leave a similar legacy. Ms. St. Onge also discussed why she supported Option 1, her opinion that an ad hoc committee was not necessary, etc. 

By consensus approval or by Mayor Diesel’s authorization, Ms. St. Onge was given two additional minutes to speak. 

Ms. St. Onge discussed a personal hand drawn map she held up, where she felt trees should be planted in the City, the map’s relationship to the proposed options or plans, equitable distribution of trees, volunteerism as a component of the goals, pilot tree program, where the idea of hiring an arborist came from, etc. 

Vice-Mayor Robinson and Ms. St. Onge discussed his questions on whether citizens living in economically poorer communities were asked if they wanted trees planted in their communities. 

Member Nelson commented on a tree giveaway event in May 2023 and that the City was not able to give away all the trees that were intended for the community. A tree planting event may be a better idea. 

Ms. St. Onge advised that she did not participate in the tree giveaway event in May 2023. She advised that a separate and prior event that gave 150 trees away during a public anniversary event was successful. Citizens were also not necessarily able to physically move or transport bigger trees, like 15-gallon trees; however, volunteers were ready to assist with these matters. 

Member Nelson commented on coordinating the planting of trees with the Neighborhood Revitalization Program and these efforts. 

Mayor Diesel advised that it was one thing to give a tree away and another to get a tree into the ground. 

Ms. St. Onge reiterated volunteers were ready to help. 

Toni Shifalo read from a prepared statement that discussed several years of study on these matters, her support of Option 1 and why, her opinions and feedback on the other proposed options, her belief that the City allowed heritage trees to be destroyed, etc. 

Mary Sphar of the Sierra Club read from a prepared statement that discussed a prior Council workshop held in July 2019, a recommendation to develop a tree canopy program, a page from the City’s Sustainability Action Plan that recommended implementing an urban forestry management plan to manage tree infrastructure and canopy, her support of Option 1 and why, etc. 

By consensus approval or by Mayor Diesel’s authorization, Ms. Sphar was given one additional minute to speak. 

Mary Sphar continued and commented on a $2 per capita cost estimate, the importance of multiyear budgeting for planning tree canopy expansion projects to be completed over several years, etc.  

Laurilee Thompson of the Titusville Environmental Commission (TEC) advised that it was her understanding or perspective that the TEC desired hiring a full-time arborist because the TEC had been told they could not solely rely on current staff arborists. Current staff arborists also worked in the Planning Department and had a variety of other tasks they performed for the department. For this reason, she suggested that the City’s Sustainability Planner could handle these tasks. Ms. Thompson supported Option 1 and she desired Council to adopt the TEC’s plan, etc.  

Mayor Diesel commented on the plan being implemented over time. Ms. Thompson desired getting started and working on the plan. 

Member Nelson advised that working through the Neighborhood Revitalization Committee was appropriate for planting trees. She also commented that the dog park needed trees, spacing them out well (carefully) as to not overlap, but with the purpose of creating a tree canopy for shade, etc. Member Nelson had been visiting parks and taking an assessment on where trees were needed.  

Member Stoeckel and Community Development Director Parrish discussed her questions on the City’s Sustainability Action Plan, whether some of the plan’s projects were being implemented, resources to assist with implementation, Council was proactive and seeking to continue this ongoing momentum in many areas, like implementing low impact development standards, etc. She further commented that urban forestry was a high priority and important changes sometimes required time for their implementation. The City was also making progress, etc. 

Member Nelson agreed on the concept of timelines and the importance of moving in the right direction.  

Maureen Rupert, a member of the Marine Resources Council Board of Directors and other outside agencies, read from a prepared statement that indicated her support of Option 1 and her reasons, some including trees and shade could influence the severity of climate change, trees could increase property values, etc. 

Stan Johnston commented on concerns for a high and dry property and the SNJ Oaks Project. He previously counted at least 80 oak trees on the property that were there in the past. The tree survey of the property said something unusual being the survey was “Completed by Others”. He questioned how this could be accurate. He advised that one tree was saved during the clearing of the property. Additionally, Mr. Johnston commented on the Titusville Environmental Commission (TEC) making recommendations to the City Council, his dissatisfaction with communications on a prior sewer spill, etc. 

Mayor Diesel commented on prior and continued efforts or attention given to these matters. With more being suggested on trees, he and staff discussed his questions on the financial cost of implementing Option 1 and the other options, as followed:

• Option 1 was presently unfunded, unless or until funding was allocated
• The plan in Option 1 was drafted by a private citizen and presented to the TEC (for background purposes)
• The TEC made some changes to the citizen’s plan
• The professor with the Institute of Food and Agricultural Sciences (IFAS) suggested having public involvement and a public process, such as reaching an agreement on tree canopy goals, policies, etc. 
• There was some public comment (input) at the TEC meeting, but none at any other public meetings or public feedback mechanisms
• Option 2 (getting grant funding) would take approximately one year
• Option 3 would cost the resources of staff time to manage an ad hoc committee
• Option 4 was taking no action; therefore, there was no cost

Member Stoeckel and staff discussed her questions on what a community engagement plan would entail, whether a concept plan like what was being suggested was binding or only used as a guide (she used the example of a prior bicycle plan or map that did not include full blown strategies or policies), compromising on what could be done with or without funding, the indication was that the TEC wanted to see movement or responsiveness on plans, etc. 

Mayor Diesel agreed with Member Stoeckel on having goals to guide these matters. He did not support approving a plan for mandatory implementation, without having the required available funding. 

Member Cole and staff discussed his questions on the total magnitude of the estimated costs in Option 1, information on pages 62 and 63 of the Council agenda packet that spoke to cost analysis and more. 

Discussion ensued on the following:

• Long term planning
• Re-assessing plans every 5-years or so, but being flexible
• An idea to have the City’s Sustainability Planner deem the priorities related to the goals, based on grants or available funding, but which staff did not think this was appropriate for the Sustainability Planner
• Staff recommended Option 2, in order to develop a plan that was robust, detailed, laid out in a reasonable amount of time and that was feasible for the City
• Partial funding versus full funding was more likely
• A similar multimodal trail plan of several years ago included several events and public engagement meetings in order to develop the vision (referenced as an example)
• Mapping out goals, priorities, and costs in matrixes, including costs for staff’s work. A full-time staff arborist was estimated to exceed a cost of $60,000 per year, etc. 

Further discussion ensued on the following:

• The differences between the ideas of approving the proposed Concept Plan vs. Council providing general direction and requesting updates along the way
• Status of the City’s Sustainability Plan and understanding all tasks and efforts staff undertook in their duties or toward similar goals within
• Directing the allocation of financial and other resources
• Prioritizing projects staff were involved with, due to there were many competing projects that required staff time
• Breaking down the recommendations and its wording
• Hearing from staff what was practical or getting their opinions
• Whether a consultant would be helpful

And

• Staff recommended Option 2 and to having a professional involved that already did this  
• Learning whether grants were available and careful review of grant language to confirm whether the description of the grant fit your project
• The lengthiness of the discussion at this meeting
• One Council’s opinion this was not ready for making a decision, until first learning if grants were available
• Staff involvement and time in research and reporting back to Council. Using staff’s time wisely, until learning more on available grants
• Credit and appreciation to the Titusville Environmental Commission (TEC) 
• An indication Council may lean toward Option 2 based on aforementioned comments and concerns 

Motion:

Member Cole moved to approve Option 2 – Submit a Florida Forest Service Urban Forest Planning Grant to develop a vision, canopy goal, and list of specific actions with community involvement.  The grant required a one-to-one match.  A detailed plan could be $50,000. Member Stoeckel seconded the motion. 

Mayor Diesel supported having goals, but he did not want to commit to mandatory or strict plans for reasons he explained. Mayor Diesel also discussed what he liked about Option 1. 

Member Nelson advised that Option 2 was better than not doing anything; however, Option 1 was her first preference.

Member Stoeckel commented that it was unknown whether Option 1 was feasible. For this reason, she supported Option 2. 

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. 

xxx

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – 

Dr. Kathleen O’Rourke distributed and highlighted information containing the results of an online survey titled Titusville Growth & Development Survey, which received 680 responses, per Dr. O’Rourke. 

xxx

Stan Johnston distributed information. He requested corrections to recently drafted City Council meeting minutes, where his comments were summarized to indicate that he “felt” a certain way on a topic. He advised that he was a professional engineer (P.E.) and his statements were made in truth, facts, and findings. He continued by discussing his disputes with a prior sewer spill, etc. 

Mayor Diesel advised that a citizen could discuss any issues they liked under Petitions and Requests, but it did not mean that he or the Council may agree with them. 

xxx

Toni Shifalo read from a prepared statement that discussed her involvement in art, connection to nature, bringing awareness to a variety of natural and social issues, and her concern that (per Ms. Shifalo), Brevard County Commissioners had cut or removed $530,000 of funding for arts in its annual budget, etc. For this reason, she suggested the City explore having a Titusville Arts Council for reasons she explained. 

xxx

At 9:45 p.m., Mayor Diesel called for a short break. At 9:55 p.m., he called the meeting back to order. 

xxx

CONSENT AGENDA

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

Stan Johnston submitted public speaking cards on Consent Agenda Items B, C, F, I, and J. He supported each of these agenda items. He then commented that the City would not hire a professional engineer to dispute his opinions on various issues.

Motion:

Member Nelson moved to approve Consent Agenda Items A through J, in accordance with the recommendations. 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. 

xxx

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Resolution No. 19-2023 - Confirming and Certifying the Rate and Annual Stormwater Utility Assessment Roll – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Resolution No. 19-2023 confirming and certifying the rate and annual Stormwater Utility assessment roll for the municipal fiscal year beginning October 1, 2023; increasing the service rate charge; forwarding the assessment roll to the Tax Collector's Office for collection; utilizing the uniform method of collecting non-ad valorem special assessments levied within the incorporated area of the city, as authorized under section 197.3632, Florida Statutes; adopting findings of fact; providing for an effective date.

Member Stoeckel and staff discussed her questions on the prior rates and the frequency for increasing the rates, why the rates in the proposed resolution seemed slightly higher (overall) than during prior increases, the City was catching up on setting rates after a period of time when there were no rate increases, which was in part due to large expenses that had occurred or were anticipated for operating capital expenses, economic inflation, etc. 

Mayor Diesel opened the public hearing.

Stan Johnston was opposed to Resolution No. 19-2023. He read from a prepared statement that discussed concerns on stormwater, the health, safety and welfare of the public, and how anyone was able to build a dam that was immediately downstream from houses located in the 100-year flood zone, compensatory storage was lacking and the resulting consequences, the City was not budgeting in a way that took stormwater related problems into account, etc.  

Tim Ellison, a pastor with Way of life Church at 1571 North Singleton Avenue, advised his stormwater utility rate was going from $841 to $975.25. He was not as concerned with this as much as he was for a ditch that belonged to the City that was located on the property of the church.   He stated that the ditch was continuing to erode.  Pastor Ellison also stated that the City brought out dirt twice a year, but with the current rain storms, it had collapsed and was a hazard. He asked for clarification on the maintenance of the ditch including mowing and the trees.   

In response to Mr. Ellison’s concerns, Public Works Operation’s Manager Sandy Reller advised that staff could complete a site visit and determine what could be done to assist as a permanent solution; however, she stated that a temporary solution may have to be completed during the current rainy season.

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

Motion:

Member Nelson moved to approve Resolution No. 19-2023, as recommended. Member Stoeckel 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. 

xxx

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

Comprehensive Plan Small Scale Amendment (SSA) No. 4-2023 3020 Whipple Street – City Attorney Broome read the following ordinances for the second time, as followed: 

Ordinance No. 33-2023 - 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 MAP, BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 1.26+/- ACRES OF PROPERTY LOCATED WEST OF WHIPPLE STREET, HAVING BREVARD COUNTY PARCEL ID NO 21-35-29-00-545, FROM THE CONSERVATION FUTURE LAND USE DESIGNATION TO THE  RESIDENTIAL TWO FUTURE LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. This item was legislative.

Ordinance No. 34-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING THE OPEN SPACE AND RECREATION (OR) ZONING DISTRICT TO THE RURAL RESIDENTIAL (RR) ZONING DISTRICT ON APPROXIMATELY 1.26+/- ACRES OF PROPERTY LOCATED WEST OF WHIPPLE STREET, HAVING BREVARD COUNTY PARCEL ID NO 21-35-29-00-545; AND PROVIDING FOR AN EFFECTIVE DATE. This item is quasi-judicial.

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the second reading and public hearing of the aforementioned proposed ordinances and approve Small Scale Comprehensive Plan Amendment (SSA) Application No. 4-2023 with rezoning.

On August 2, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 4-2023 to amend the Comprehensive Plan Future Land Use and rezoning as presented. 

Community Development Director Brad Parrish highlighted information from the staff report and other articles of information provided in the Council agenda packet, which also included staff’s findings and recommendations, evaluating the applicant’s request and whether it was consistent with various policies and the City’s Comprehensive Plan, etc. 

Member Stoeckel and staff discussed whether there were any wetlands in a conservation area located on the site, the most intense and allowable use of the property per City Code and policy, and no concept plan was provided at the present time, because the Code did not require it. 

Mayor Diesel opened the public hearing.

Ashley Novander, on behalf of Small Scale Amendment (SSA) Application No. 4-2023, highlighted the requested actions and proposed technical amendments, a wetland survey had been completed, her client’s desire to build one single family residence on the property, no wetlands would be impacted, a desire to save a particular tree on the property, etc.

Member Stoeckel discussed her questions with Ms. Novander on her client’s desired building location and that a concept plan was not available yet, due to the architect was still completing their work. 

Stan Johnston expressed concern whether staff had looked at the stormwater master plan for the greater Titusville area (beyond the City’s boundaries) and its relationship to the applicant’s proposed use or development of the project. 

Ashley Novander and other persons that were present and that represented SSA Application No. 4-2023 declined to offer rebuttal remarks. 

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

Motion:

Member Nelson moved to approve Ordinance No. 33-2023, as recommended and based on the evidence presented by staff. 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. 

Motion:

Member Nelson moved to approve Ordinance No. 34-2023, as recommended and based on the evidence presented. 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. 

xxx

It was almost 10:30 p.m. 

Motion:

Member Nelson moved to extend the meeting until 11:00 p.m. Member Stoeckel seconded the motion and it carried unanimously. 

xxx

Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, 1925 South Park Avenue - City Attorney Broome read the following ordinances for the second time, as followed: 

Ordinance No. 35-2023 - 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 MAP, BY CHANGING THE LAND USE DESIGNATIONS ON APPROXIMATELY 10.09+/-, ACRES OF PROPERTY LOCATED AT THE NORTHEAST QUADRANT AT THE INTERSECTION OF S. PARK AVENUE AND HARRISON STREET, HAVING BREVARD COUNTY PARCEL ID NOS. 22-35-09-00-503 and 22-35-09-00-509, FROM THE COMMERCIAL LOW INTENSITY AND MEDIUM DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATIONS TO THE   HIGH DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. This is a legislative item.

Ordinance No. 36-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NOS. 74-2005 AND 76-2005 OF THE CITY OF TITUSVILLE, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCES BY REFERENCE BY CHANGING THE NEIGHBORHOOD COMMERCIAL (NC) AND MULTI-FAMILY MEDIUM DENSITY (R-2) ZONING DISTRICTS TO THE MULTI-FAMILY HIGH DENSITY (R-3) ZONING DISTRICT ON APPROXIMATELY 10.09+/- ACRES OF PROPERTY LOCATED AT THE NORTHEAST QUADRANT AT THE INTERSECTION OF S. PARK AVENUE AND HARRISON STREET, HAVING BREVARD COUNTY PARCEL ID NOS. 22-35-09-00-503 AND 22-35-09-00-509; AND PROVIDING FOR AN EFFECTIVE DATE. This is a quasi-judicial item.

City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to conduct the second reading and public hearing for ordinances for Comprehensive Plan Small Scale Amendment (SSA) 3-2023 with rezoning.

On August 16, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 3-2023 as presented with the staff recommended conditions. This motion was approved with a 7-0 vote in favor.

Community Development Director Parrish highlighted information from the staff report and other articles of information provided in the Council agenda packet, including the history of the property and its formal land use and zoning designations, staff analysis, a proposed concept plan, a lake on the property would stay, the proposed conditions of approval, staff evaluating the applicant’s request and whether it was consistent with the City’s Comprehensive Plan and policies, etc. 

Member Stoeckel and staff discussed her questions on transferring existing units of high-density residential that were presently applied to a lake on the property and transferring the units to an upland area on the property. This would help the applicant prepare their concept plan and achieve having the desired number of residential units for the project. The lake would also remain on the site. Member Stoeckel was also interested how high density residential was able to be formally designated over a lake. It was known that the lake was part of a larger stormwater system for the larger area. 

Member Stoeckel and staff discussed total acreage calculations, the applicant’s proposed land use and rezoning changes, and what to do with the current formal land use or zoning designation(s) applied to the lake.

Community Development Director Parrish continued highlighting information from the staff report that discussed school concurrency findings, internal and preliminary concurrency analysis, whether there was capacity for various services, requirements that lay ahead for the project, and staff’s findings and recommendations. 

Mayor Diesel opened the public hearing.

Woody Rice, P.E., on behalf of Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, 1925 South Park Avenue, distributed information. He displayed large maps and drawings near him as he spoke and highlighted details related to these items and the project, as followed:

• The project would not cause any impacts to the environment or wildlife
• The project was an in-fill development
• Zoning map analysis and study of nearby properties
• The project would act as a buffer to nearby properties
• Receiving feedback at the meeting with the community
• Capacity analysis, Park Avenue analysis, and traffic analysis. The subject site was located by two collector roads and the project would not impact neighbors
• The site was presently clear of having any trees; however, the project would add trees and follow the Code requirements for such
• The lake was a stormwater management pond, which he discussed the rationale how high density residential or R-3 or was able to be placed on the lake

And

• The project was going to be upgraded in various ways to achieve higher standards
• Current allowable uses under the current land use and zoning designations
• Visual rendering of the project and on-site amenities
• Ingress and egress
• Stormwater and permitting
• Low impact development (LID) principles
• Building enhancements
• Staff had no negative comments to the various components of their analysis,
• The 1993 City administrative review of the Comprehensive Plan and property designated entirely as R-3 and density application of the time
• His (Mr. Rice) client’s project was less intense than what was allowed by the current or prior density that was allowed on the site

Next, Mr. Rice advised that that he and his client agreed with the staff’s recommendations or the conditions of approval. He advised the site plan (formal name is concept plan) would also be binding, with the exception that he requested the Council’s consideration of two items that he may need the flexibility to change on the concept plan. The first item was discussed by the Planning and Zoning Commission, which was a traffic safety concern for a curve near or off Harrison Street and an access (formal name is ingress and egress) for the project. Mr. Rice requested the flexibility to adjust the concept plan and relocate the access off Harrison Street, if needed for safety concerns.

xxx

It was 11:00 p.m. 

Motion:

Member Nelson moved to extend the meeting until 11:30 p.m.   Vice-Mayor Robinson seconded the motion and it carried unanimously. 

xxx

The public hearing on Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, 1925 South Park Avenue continued. 

Woody Rice, P.E., continued and indicated the status or plans for stormwater for the project. He advised until he had soil samples and percolation rates, the rain gardens (he advised that he would install as many as possible), but when the water table was too high, rain gardens did not work. In this case, he would use a different Low Impact Development (LID) principle(s). 

In addition, Mr. Rice requested the Council’s support of the proposed ordinances and requested actions. 

Member Nelson and Mr. Rice discussed electric cars and the developer’s plans for having electric car charging stations and other amenities for the future residents of the proposed project. 

Member Stoeckel expressed concern for the current stormwater pond on the subject site and possible threat of flooding to nearby townhomes upon excessive rain. To this, Mr. Rice highlighted information on pre- vs. post-stormwater run-off policy requirements, the applicant’s intention to enhance stormwater management for the project, etc. 

Community Development Director Parrish commented in response to Mr. Rice’s comments on the applicant possibly relocating the access point(s) on the concept plan. He advised that staff used a master plan modification matrix to review proposed changes to master plans that were tied to a rezoning. Community Development Director Parrish advised that where Mr. Rice wanted to relocate his road(s), Community Development Director Parrish was concerned that once Mr. Rice “gets his site plan” and when Mr. Rice came-in with changes to the concept plan that it might be determined substantial by staff or someone that may be in the Community Development Director’s position after him (Mr. Parrish). If a substantial change was requested, this would require coming back before the City Council. 

Mr. Rice advised that if he needed to relocate the access off Harrison Street for safety reasons, it would not be considered substantial. If he did need to change this access and pointing with his finger to a map in his other hand, he indicated the new potential location and other information on the subject. This matter was also dependent on a traffic study.    

Community Development Director Parrish discussed alternative requirements, if formal leeway to relocate the access requested by Mr. Rice was not granted by the City Council at this hearing.

Member Stoeckel and Mr. Rice discussed her assessment and ideas on safety for the current location of the access shown on the concept plan.  

Daniel J. Treder commented on his familiarity and support of the developer, praise for the type of project proposed by the developer, and the indication that the community supported the project. 

Lee Yan, on behalf of Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, 1925 South Park Avenue, commented on positive growth in the City, building a quality project, and getting good feedback from the Planning and Zoning Commission. He thanked the Council for their consideration of the proposed ordinances and requested actions. 

Erron Fayson read from a prepared statement that discussed the importance, support, struggles, and challenges to have more affordable housing, how affordable housing positively shaped families and individuals, recommendations to Council to take formal action to work on these goals, etc.   

Vice-Mayor Robinson requested Mr. Fayson expand on his recommendations for how to encourage private property owners to build affordable housing. Mr. Fayson highlighted information on inclusionary zoning---a zoning technique that mandated projects to set aside a certain percentage of their developments for affordable housing. Mr. Fayson gave examples from Orlando and Minneapolis, which implemented inclusionary zoning principles. 

Frank Kapr was unavailable (not present). 

Stan Johnston supported the developer’s project, but only after he listened to Mr. Rice discuss the density and units planned for the project. His concern was for stormwater drainage in the area and upstream of the lake on the subject site, the history of stormwater management in the area, etc. 

Woody Rice, P.E., on behalf of Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, addressed and rebutted some of the comments and concerns. Mr. Rice advised that on the night of the Planning and Zoning Commission meeting and regarding affordable housing, Mr. Rice stated he would talk to the developer about making some of the units of the project affordable if possible, considering the project’s current stage of the development process. Mr. Rice also discussed the developer’s responsiveness to the concept of affordable housing, the community’s desire for property values to increase in the area, ad valorem taxes afforded the City to accomplish more, the proposed project was quality and right for the current place and time. 

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

Motion: 

Member Nelson moved to approve Ordinance No. 35-2023, as recommended. Member Cole seconded the motion.

Brief discussion ensued on whether the proposed conditions of approval were associated with the proposed land use or rezoning ordinances and Mr. Rice’s request to have the flexibility to adjust the access off Harrison Street. Staff advised the proposed recommendations or approval were listed on page 1,353 of the Council agenda packet. 

Member Nelson moved to amend the motion on the floor to include both the approval of Ordinance No. 35-2023, as recommended and with the conditions outlined by staff and also approval to allow the flexibility to relocate the access off Harrison Street on the concept plan, if needed for safety concerns. Member Cole’s second held 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. 

xxx

It was 11:30 p.m. 

Motion:

Member Nelson moved to extend the meeting until midnight. Member Cole seconded the motion and it carried unanimously.

xxx

The public hearing on Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, 1925 South Park Avenue continued. 

Motion:

Member Nelson moved to approve Ordinance No. 36-2023, as recommended by staff and the with the following conditions:

The approval (repeated from the approval of Ordinance No. 35-2023) also included allowing the flexibility to relocate the access off Harrison Street on the concept plan, if needed for safety concerns.

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. 

xxx

ORDINANCES-FIRST READING

Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan - City Attorney Broome read the following ordinances for the first time, as followed: 

Ordinance No. 42-2023 - 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 MAP, BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 6.65+/- ACRES OF PROPERTY LOCATED EAST OF SOUTH STREET (SR 405) AND ACROSS FROM SWAN LAKE DRIVE, HAVING BREVARD COUNTY PARCEL ID NOS 22-35-08-00-2 AND 22-35-08-00-257, FROM THE CONSERVATION AND HIGH DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATIONS TO THE HIGH DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. 

Ordinance No. 43-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING THE OPEN SPACE AND RECREATION (OR) AND MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3) ZONING DISTRICTS TO THE MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3) ZONING DISTRICT ON APPROXIMATELY 6.65+/- ACRES OF PROPERTY LOCATED EAST OF SOUTH STREET (SR 405) AND ACROSS FROM SWAN LAKE DRIVE, HAVING BREVARD COUNTY PARCEL ID NOS 22-35-08-00-2 AND 22-35-08-00-257; AND PROVIDING FOR AN EFFECTIVE DATE. 

City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA) Application No. 1-2023 with Rezoning with Concept Plan.

At their meeting on August 16, 2023, the Planning and Zoning Commission (P&Z), acting as the Local Planning Agency, recommended approval of SSA No. 1-2023 and amending the future land use and the rezoning with the following two conditions: 

1. That the 109.02 acres of wetlands be set aside as a conservation easement
2. That the 5.24 acres being developed be reduced down to 4.99 acres.

The P&Z motion was approved with a 6 yes, 1 note vote. Member Moscoso voted no based-on inconsistency with Comprehensive Plan Policy 1.6.3.2 and the South Street Plan from 2016.

Vice-Mayor Robinson and staff discussed his questions on the existing and proposed land use designations for the subject site, changes in density, potential impact to wetlands, the “give-back” for possibly impacting wetlands, but which was answered by detailed information provided in the staff report. 

Member Cole and staff discussed his questions on the classification of the wetlands on the property, whether the proposed development included using the wetlands, wetland mitigation was required by the St. Johns River Water Management District, etc.

Member Stoeckel and staff discussed her questions on wetlands mitigation, the boundaries and location of the wetlands and uplands on the site, policy allowances, ground truthing analysis, the applicant’s goals and tasks needed to achieve the goals, steps of development, permitting, etc. 

Vice-Mayor Robinson and staff discussed his questions on policy requirements for wetlands of 5-acres or greater were to be put into conservation land use; however, staff did not read one policy as if it were all by itself, but instead staff read all strategies and policies together and made an analysis for items they were both for and against, judging items like how much as developer was allowed to make upland areas contiguous with one another for a project, etc. This was where staff struggled with their analysis.

Bruce Moia, on behalf of the applicant of Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan, submitted a public speaking card. He highlighted information on the land use and zoning designations of the properties surrounding the subject site, his client had an environmental analysis completed of the subject site, having analysis for wetland mitigation purposes, the developer proposed a net gain in functional wetlands and not a loss, the present wetland was being invaded by invasive species, the wetland(s) being placed in a conservation easement, the developer’s desire to have enough land to make the project profitable and having the the desired number of units, adhering to many policies on trees, stormwater, and more, etc. 

Stan Johnston submitted a public speaking card. He expressed concern for making negative impacts to the overall stormwater system within the greater area. 

Toni Shifalo submitted a public speaking card. She was unavailable (not present). 

The public hearing was scheduled for the regular City Council meeting on September 12, 2023 (6:30 p.m.). 

xxx

OLD BUSINESS – None. 

xxx

NEW BUSINESS

Road Closure for Special Event: Dream Cars 4 Kids Car Show - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Resolution No. 21-2023 closure of state roads for the Dream Cars 4 Kids Car Show starting at 301 South Washington Avenue to 337 South Washington Avenue on September 17, 2023.

Stan Johnston submitted a public speaking card. He waived his right to speak. 

Motion:

Member Cole moved to approve Resolution No. 21-2023 closure of state roads for the Dream Cars 4 Kids Car Show starting at 301 South Washington Avenue to 337 South Washington Avenue on September 17, 2023, as recommended. Member Nelson seconded the motion and the roll call was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

xxx

Florida Department of Environmental Protection (FDEP) Resilient Florida Planning Projects Grant - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to accept this letter of Support for the “Resilient Titusville Update and Adaptation Plan” project proposal being submitted for the 2023 Resilient Florida Grant Program. This letter authorized the City Manager, or his designee, to execute all necessary agreements and documents associated with the program.

Stan Johnston submitted a public speaking card. He advised that he filed a complaint due to he advised the Resilient Titusville Report contained incorrect or fraudulent information. 

Motion:

Vice-Mayor Robinson moved to accept the letter of support for the “Resilient Titusville Update and Adaptation Plan” project proposal being submitted for the 2023 Resilient Florida Grant Program. This letter authorized the City Manager, or his designee, to execute all necessary agreements and documents associated with this program. Member Nelson 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

Community Development Director Parrish confirmed the Council’s approval included approving staff to go forward and make application to submit a grant to FDEP. The indication was yes. 

The motion carried unanimously. 

xxx

It was midnight.

Motion:

Member Nelson moved to extend the meeting until 12:15 a.m. Member Stoeckel seconded the motion and it carried unanimously.

xxx

Florida Live Local Act – Advisability - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was for Council to consider directing the staff to draft definitions, develop procedures, and evaluate the benefits of adopting the Local Option Affordable Housing Property Tax Exemption. The following information was also included in the Council agenda packet: 

Senate Bill 102 or the Live Local Act was passed by the Legislature and signed by the Governor earlier this year. The Senate 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 effective date of the Act was July 1, 2023. 

Further, the following was included in the Council agenda packet for the Council's consideration and direction to staff: 

1. Provide input on the proposed definitions, policies and procedures. A final document may be scheduled for approval at the next regular Council meeting.
2. Adopt the Live Local Optional Ad Valorem in appropriate locations as described in Section 9 of Chapter 2023-17 Laws of Florida. Public hearings would be held to adopt an ordinance.

City Manager Larese advised that staff gave a presentation on this subject at the regular City Council meeting for special recognitions and presentations on August 22, 2023 at 5:30 p.m. He commented on City planners interpreting the Act and its application to commercial and industrial zoning categories. Depending on the Council’s direction, it was estimated staff would return with an instrument requiring the Council’s consideration for final approval.

Member Stoeckel desired waiting a bit until learning more through information, activities, or discussions that occurred at the State level or through the Florida League of Cities. 

Community Development Director Parrish discussed how these matters were at the top of his priority list, due to communications with other planners and cities receiving submittals for these projects under the new State Act. The question for staff was how to apply the new State Act, even if direction was not perfect, timely guidance was needed and requested from the Council. 

Community Development Director Parrish advised that staff had laid out how they thought they could possibly apply the Act to local projects; however, there were still some gaps, such as how to adopt and enforce potentially adopted local policies. Those matters would still need to be determined; however, staff was requesting if Council liked the approach in the staff presentation (at the 5:30 p.m. meeting). 

Vice-Mayor Robinson desired moving forward and having a strategy. 

Member Nelson advised that the biggest concern was what standards would be applied. She was also concerned on projects having open space. Member Nelson indicated support of moving forward and determining what standards to apply, then meeting with the City Manager one on one for individual questions from Council and then going from there.

Member Cole disagreed with hesitating to act. He desired providing staff with direction and drafting definitions and procedures, which could be amended later if needed. He desired assisting staff with the direction that was being sought from Council.  

Mayor Diesel and staff discussed his questions on examples where there were “gaps” in the new State Live Local Act or unanswered procedures on how the new Act would be applied by local towns and municipalities. Staff provided one example, where a new affordable housing project could be proposed in a commercial zoning district. Staff questioned which of the City’s Code setback requirements and square footage policies would apply to the new project---- multifamily zoning district standards or the commercial zoning standards. Staff advised they had nothing to “fall back on” right now under the new State legislation (a gap).  

Mayor Diesel supported providing direction to staff. The discussion developed and staff pointed to page 1,513 of the Council agenda packet. Per staff, the Act provided cities no guidance how to administer the new State Live Local Act and staff needed to be able to communicate to developers and project representatives that the staff had guidance from the City Council on the types of gaps that were discussed. 

Member Stoeckel and staff discussed her questions on the ad valorem (piece), which was a separate component that staff would also seek direction from Council. Staff advised that the State or Act allowed cities to adopt that component as a program, to which Member Stoeckel advised she was more so hesitant on this component rather than the other direction being sought. Member Stoeckel also indicated understanding and support on staff’s concern, for how to administer the new Live Local Act for local projects. She discussed the State Legislature having good intentions and further work may occur to amend the new State Act to avoid unintended consequences, etc.  

Mayor Diesel requested a summarization of what staff needed, to which Community Development Director Parrish advised included the following two items (two questions):

If yes to the above, staff would use the Council’s response as a guide in their discussions with applicants or developers. Then, if staff needed to, they would return to Council with a draft ordinance to adopt formal guidance.

xxx

It was 12:15 a.m.

Motion:

Vice-Mayor Robinson moved to extend the meeting until 12:30 a.m. Member Nelson seconded the motion and it carried unanimously.

xxx

The discussion on the Florida Live Local Act – Advisability continued. 

Stan Johnston submitted a public speaking card. He advised the subject matter was too complicated for him to offer an immediate opinion.  

Motion: 

Member Cole moved to direct the staff to draft definitions, develop procedures, and evaluate the benefits of adopting the Local Option Affordable Housing Property Tax Exemption.  

Staff clarified if Member Cole’s motion included the two items that requested the Council’s consideration on page 1,511 of the Council agenda packet, which included (1) Provide input on the proposed definitions, policies and procedures. A final document may be scheduled for approval at the next regular City Council meeting and (2) Adopt the Live Local Optional Ad Valorem in appropriate locations as described in Section 9 of Chapter 2023-17 Laws of Florida.  Public hearings would be held to adopt an ordinance. There was a consensus of the City Council.

In addition, staff clarified that staff supported the Live Local Act Draft Definitions Standards and Procedures as outlined on Pages 1513-1515 of the agenda packet because this would be used as a guide in discussion with applicants. There was no objection from the City Council. 

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. 

xxx

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

xxx

MAYOR AND COUNCIL REPORTS

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

xxx

Mayor Diesel reviewed the following recent activities and events that he was involved with:

• Talking with police officers at a local junior baseball game(s)
• Ladies of Distinction Event, award recipients, and encouraging keynote speaker advices
• Two proposed proclamations that would require the Council’s consideration for presentations at an upcoming City Council meeting

The proclamations concerned the Daughters of the American Revolution and proclaiming the week of September 17-23, 2023, as Constitution Week.   The second concerned the Space Coast Health Foundation proclaiming the month of September, as National Suicide Prevention Month.  

Stan Johnston submitted a public speaking card on the proposed proclamations; however, Mr. Johnston waived his right to speak on the proposed proclamations.

By a single and unanimous consensus vote, the Council authorized a proclamation to the Daughters of the American Revolution proclaiming the week of September 17-23, 2023, as Constitution Week. The Council also authorized a proclamation to present a proclamation to the Space Coast Health Foundation proclaiming the month of September, as National Suicide Prevention Month.  The proclamations would be presented at the regular City Council meeting on September 12, 2023 at 6:30 p.m.  

xxx

Council Reports - 

Vice Mayor Robinson reviewed the following recent activities and events that he was involved with: 

• A ribbon cutting (purpose not clear)
• An event involving the Florida League of Cities, where two individual scholarships were awarded

xxx

Member Stoeckel reviewed the following recent activities and events that she was involved with:

• Annual Florida League of Cities Conference, her involvements, and awards while in attendance
• State legislation and responsibilities or impacts on municipalities
• Participating on committees

xxx

Member Nelson reviewed the following recent activities and events that she was involved with: 

• An opening she attended earlier in the day (purpose not clear)
• Talking with State representatives on addressing muck along the shoreline (indicating the issues would be championed)
• Council recently received an Environmental Protection Agency (EPA) report on per- and polyfluoroalkyl substances (PFAS) and providing the community as much information as the City currently had on hand

Discussion ensued on providing the most recent PFAS report on the City website for citizens to view, whether to schedule a public presentation to share current knowledge on PFAS and the City’s next steps, the EPA report (information within) was the only report the City presently had and more was still coming, the City’s test results were on the City’s website, the EPA’s formal rulemaking was estimated for the end of year and then, the City would have three years to test and come into compliance with the rule(s) or it was a period of time where input would be given over the three year period, the City was ahead because it “took the tests early”, etc. 

Mayor Diesel asked Member Nelson what she anticipated if a presentation on PFAS was scheduled, to which Member Nelson indicated it could be a review of the EPA’s Report and so that the public would not panic about what they were reading; however, the tentative EPA presentation would be thorough and lengthy. The EPA Report was an hour’s worth of reading to learn what the EPA was doing. It was not a 10-minute presentation.  The EPA’s Report answered many or most questions, provided timelines of the EPA’s goals and objectives, etc. 

Member Nelson requested the EPA Report be placed on the City’s website. City Manager Larese added and advised that the EPA Report was good, since it addressed a national problem.  

xxx

CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report, as provided in the Council agenda packet. 

xxx

All items were on the City Manager’s Report were informational only; however, he announced the dates, times, and meeting locations for the City’s Fiscal Year 2024 budget hearings, which this information was included on his report.

xxx

CITY ATTORNEY’S REPORT 

City Attorney Broome distributed information. He advised the City had received service of a formal complaint for declatory judgement and injunctive relief that was filed by a citizen (Plaintiff) versus the City of Titusville and Apollo Gardens (Defendants). City Attorney Broome commented on the nature of the complaint and advised that he would continue to update the Council on the status of this matter. 

xxx

With no further business to discuss, the meeting adjourned at 12:37 a.m. (on the following morning).