Regular City Council - September 26, 2023 at 6:30 PM

City Council

Regular Meeting

September 26, 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, September 26, 2023. 

Mayor Diesel called the City Council meeting to order at 6:43 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. 

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MINUTES – None. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

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BOARDS AND COMMISSIONS

Board of Trustees of the General Employees' Pension Plan – The request was to reappoint one regular member to the Board of Trustees of the General Employees' Pension Plan with a term to expire on September 30, 2026. The term of Regular Member Ashley Byrne was due to expire on September 30, 2023. She desired continuing to serve on this board for another three (3) year term. There were no other applications on file for the Council’s consideration.

Stan Johnston submitted a public speaking card. He expressed concern on the broad cost of the pension plan. Mr. Johnston also expressed concerns for fraud on a topic not related to the agenda item. 

Motion:

Member Nelson moved to reappoint Ashley Byrne as a regular member of the Board of Trustees of the General Employees' Pension Plan with a three-term to expire on September 30, 2026. Member Cole seconded the motion and the roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

The motion carried unanimously. 

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North Brevard Library District Board – The request was to reappoint one regular member to the North Brevard Library District Board for a two (2) year term to expire on September 30, 2025. The term of Regular Member Ma Joyce Romero was due to expire on September 30, 2023. She desired continuing to serve on this board as a City Council appointee and for another two-year term. No other applications were on file for the Council’s consideration. 

Stan Johnston submitted a public speaking card. He distributed information. Mr. Johnston advised that he was not opposed to appointing the aforementioned incumbent. He then made a request not related to the agenda item, but related to sewage. 

Motion

Member Nelson moved to reappoint Ma Joyce Romero as a regular member to the North Brevard Library District Board with a two-year term to expire on September 30, 2025. Vice-Mayor seconded the motion and the roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously. 

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

Stan Johnston referred to information that he distributed earlier in the meeting. He held up a poster and commented on concerns for the accuracy of a right-of-way and a property’s legal survey, his filing an affidavit of gross negligence on his concerns, nine properties affected by the errors that he estimated would cause boundary disputes, etc. 

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CONSENT AGENDA

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

Toni Shifalo submitted a public speaking card on Consent Agenda Item B. She read from a prepared statement that indicated her disagreement with the City not using an Urban Forestry Plan that was created by a local citizen and presented by the Titusville Environmental Commission to the Council. Ms. Shifalo did not support the City hiring a consultant on these matters. She also expressed disapproval that the Right to Clean Water Charter Amendment that was on the 2022 voter ballot was presently in litigation, etc. 

Stan Johnston submitted public speaking cards on Consent Agenda Items B, D, E, and G. He was opposed to each of these agenda items because he felt the City was not spending the money properly. He further commented on concerns related to sewage spray or information not related to the proposed agenda items.  

Mayor Diesel requested that Mr. Johnston address the Consent Agenda Items. Mayor Diesel advised that citizens would be asked to sit down when their comments were not related to the request(s) at hand. Vice-Mayor Robinson also called for point of order indicating that Mr. Johnston’s comments were not related to the Consent Agenda items that Mr. Johnston had selected.

Mayor Diesel reminded and announced that citizens’ comments needed to be on topic and after several warnings and when citizens do not follow the rules for public comment and participation, citizens would be asked to sit down, etc. 

Member Stoeckel commented on Consent Agenda Item B and the purpose of hiring an outside consultant, who would be a neutral party that would facilitate feedback from the entire community, not a select few only.  She was also pleased that Consent Item D had a public education component. Communication, feedback, and education with the community was important to her. 

Motion

Member Nelson moved to approve Consent Agenda Items A through G, in accordance with the recommendations. Member Cole seconded the motion and the roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously. 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Public Hearing on the Affirmatively Furthering Fair Housing (AFFH) Plan – City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to accept the Assessment of the Fair Housing (AFH) analysis report and hold public hearing on the adoption of the 2023-2028 Affirmatively Furthering Fair Housing (AFFH) Plan, for the City's Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) grant programs. 

Vice-Mayor Robinson and Neighborhood Services Director Terrie Franklin discussed the Vice-Mayor’s questions on the ways in which the AFH went above the requirements of the Federal Fair Housing Act. Staff indicated they had been drafting and working on this plan for approximately two years, the City had cooperated or involved 57 housing and partner agencies in the development of the plan, and 14 public sessions were held for public participation purposes. 

Mayor Diesel opened the public hearing.

Erron Fayson commented on the importance of the AFFH Plan and inclusivity, allowing persons that utilized the U.S. Department of Housing and Urban Development (HUD) Section 8 housing vouchers toward purchasing a home and Brevard County was unique that this was possible, the importance of training government staff in order to perpetuate this knowledge to the public, etc. At the County level, there were programs to assist the community on first time home buyer information, mortgage lender information, etc. 

Member Stoeckel requested Mr. Fayson elaborate on what he knew about Brevard County and the County being able to facilitate assisting the public with HUD Section 8 housing vouchers toward purchasing a home. The indication from Mr. Fayson was that cities within the County did not or were not able to do the same. 

Mr. Fayson commented that the County assisted the public through the Family Self Sufficiency Program. He suggested cities develop similar programs. 

Member Nelson and staff discussed her questions on how the City could implement a similar program. Per staff, these types of programs were only operated by housing authority agencies, not by cities. Only housing authority agencies could apply to HUD for this type of funding. Currently, the funding that the Brevard County’s Housing Authority received funded two staff positions. Staff also advised that the funding that Brevard County received did not go directly to home buyers, but instead it was used to pay the cost of two staff positions that counseled citizens on how to become home buyers. 

Staff further advised that the City had its own first time home buyer program and City staff assisted citizens that were seeking to buy a home regardless of whether they utilized HUD Section 8 housing vouchers. 

Member Nelson and staff discussed whether it was possible to piggyback on Brevard County’s agreement with the federal government and whether it was possible for the County to train City staff and other cities on the matter of assisting first time home owners that utilized HUD Section 8 housing vouchers. Staff would have to research this type of information. 

Vice-Mayor Robinson advised that the name Brevard Housing Authority did not necessarily translate to the actuality that this agency assisted citizens in every city. The name was a misnomer. He also advised that Titusville and Cocoa had their own housing authority agencies. First time home buyer programs also trained buyers on how to be a home owner. 

As there were no other persons that wished to speak, the public hearing was closed. 

Motion

Member Nelson moved to accept the Assessment of the Fair Housing (AFH) analysis report, as recommended.

Member Nelson briefly commented on whether any additional items needed to be included in her motion. The motion was sufficient, since staff held the public hearing on the adoption of the 2023-2028 Affirmatively Furthering Fair Housing (AFFH) Plan, for the City's Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) grant programs, as recommended. 

Member Cole seconded the motion and the roll call vote was:

Vice-Mayor Robinson            Yes

          Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously. 

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Ordinance No. 44-2023 - Comprehensive Plan Amendment (CPA) No. 1-2023 Water Supply Facilities Work Plan for 2023 –  City Attorney Broome read Ordinance No. 44-2023 - 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 ADOPTING COMPREHENSIVE PLAN AMENDMENT 1-2023 AMENDING THE CONSERVATION, INFRASTRUCTURE, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION ELEMENTS OF THE COMPREHENSIVE PLAN RELATED TO THE CITY’S WATER SUPPLY FACILITIES WORK PLAN AND AMENDING THE POTABLE WATER LEVEL OF SERVICE BY SPECIFICALLY AMENDING CONSERVATION ELEMENT POLICY 1.14.12; INFRASTRUCTURE ELEMENT POLICY 2.1.1, OBJECTIVES 5.1 AND 5.3, AND POLICY 5.3.5; CAPITAL IMPROVEMENTS ELEMENT POLICY 1.5.1 AND INTERGOVERNMENAL COORDINATION ELEMENT POLICY 1.2.22; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES, INCORPORATION INTO THE COMPREHENSIVE PLAN AND EFFECTIVE DATE, for the second time by title only. 

City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to conduct the public hearing and adopt the ordinance for Comprehensive Plan Amendment (CPA) No. 1-2023 Water Supply Facilities Work Plan for 2023. (This was a legislative item).

The Planning and Zoning Commission considered the ordinance on September 20, 2023 and recommended approval as presented. Motion passed with a 7-0 vote.

Mayor Diesel opened the public hearing. As there were no persons that wished to speak, the public hearing was closed. 

Motion:

Member Nelson moved to approve Ordinance No. 44-2023 and Comprehensive Plan Amendment (CPA) No. 1-2023 Water Supply Facilities Work Plan for 2023, as recommended.

Member Stoeckel seconded the motion and the roll call vote was:

          Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously. 

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Ordinance No. 45-2023 - Amendment to Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan - City Attorney Broome read Ordinance No. 45-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 15, PENSIONS AND RETIREMENT, ARTICLE II, GENERAL EMPLOYEES’ PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF TITUSVILLE; AMENDING DIVISION 1, SECTION 15-26, DEFINITIONS; AMENDING DIVISION 1, SECTION 15-28, CONTRIBUTIONS; AMENDING DIVISION 5, SECTION 15-96, NORMAL RETIREMENT; AMENDING DIVISION 5, SECTION 15-105, BENEFITS EFFECTIVE AUGUST 26, 2013; AMENDING DIVISION 5, SECTION 15-106, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING DIVISION 5, SECTION 15-110, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF PROVISIONS AND PROVIDING AN EFFECTIVE DATE, for the second time by title only. 

City Manager Larese highlighted the request as provided in the Council agenda packet. Staff distributed additional information. 

Mayor Diesel opened the public hearing. As there were no persons that wished to speak, the public hearing was closed. 

Motion:

Member Nelson moved to approve Ordinance No. 45-2023 - Amendment to Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan, as recommended. Member Cole seconded the motion and the roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

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Ordinance No. 46 - 2023 - Amendment to Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan - City Attorney Broome read Ordinance No. 46-2023 -  AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 15, PENSIONS AND RETIREMENT, ARTICLE III, POLICE OFFICERS’ AND FIREFIGHTERS’ PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF TITUSVILLE; AMENDING DIVISION 1, SECTION 15-126, DEFINITIONS; AMENDING DIVISION 5, SECTION 15-191, MEMBER CONTRIBUTIONS; AMENDING DIVISION 5, SECTION 15-211, RETIREMENT DATES; AMENDING DIVISION 5, SECTION 15-222, BENEFITS; AMENDING DIVISION 5, SECTION 15-224, MINIMUM DISTRIBUTION OF BENEFITS, TO PROVIDE FOR COMPLIANCE WITH SECURE 2.0 ACT; AMENDING DIVISION 5, SECTION 15-233, DEFERRED RETIREMENT OPTION PLAN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF PROVISIONS AND PROVIDING AN EFFECTIVE DATE, for the second time by title only. 

City Manager Larese highlighted the request as provided in the Council agenda packet. Staff distributed additional information. 

Mayor Diesel opened the public hearing. As there were no persons that wished to speak, the public hearing was closed. 

Mayor Diesel commented briefly and thanked and praised the members of the unions for their communications and attention to these matters. Vice-Mayor Robinson also thanked staff for providing information including the actuarial data and more. 

Motion:

Member Nelson moved to approve Ordinance No. 46-2023 - Amendment to Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan, as recommended.  Member Cole seconded the motion and the roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously. 

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Ordinance No. 47-2023 - Commercial Conditional Use Permits – City Attorney Broome read Ordinance No. 47-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY RECLASSIFYING CERTAIN COMMERCIAL USES FROM CONDITIONAL USES TO PERMITTED OR LIMITED USES AND AMENDING REQUIREMENTS FOR SUCH USES BY AMENDING SECTION 28-54 “USE TABLE”; SECTION 28-103(A) TO ALLOW “BILLIARDS/POOL HALL” AS A PERMITTED USE IN THE REGIONAL COMMERCIAL (RC) ZONING DISTRICT; AMENDING SECTION 28-112 TO ALLOW “CONVENIENCE STORE (WITHOUT RETAIL GASOLINE SALES)” AS A LIMITED USE IN TOURIST (T) ZONING DISTRICT AND AMENDING CONDITIONS IN THE TOURIST (T), COMMUNITY COMMERCIAL (CC), REGIONAL COMMERCIAL (RC), AND THE DOWNTOWN MIXED USE UPTOWN (DMU-U), MIDTOWN (DMU-M) AND CIVIC WATERFRONT (DMU-C) ZONING DISTRICTS; AMENDING SECTION 28-123 TO ALLOW “FITNESS CENTER” AS A PERMITTED USE IN HOSPITAL MEDICAL (HM), AND AS A LIMITED USE IN NEIGHBORHOOD COMMERCIAL (NC) AND OFFICE PROFESSIONAL (OP) ZONING DISTRICTS; AMENDING SECTION 28-132(A) TO ALLOW “HOTEL/MOTEL” AS A PERMITTED USE IN DOWNTOWN MIXED USE CIVIC WATERFRONT ZONING DISTRICT (DMU-C); AMENDING SECTION 28-147(A) TO ALLOW “MOVIE THEATER” AS A PERMITTED USE IN REGIONAL COMMERCIAL (RC) AND URBAN VILLAGE (UV) ZONING DISTRICTS; AMENDING SECTION 28-157(A) TO ALLOW “PET GROOMING SERVICES” AS A PERMITTED USE IN DOWNTOWN MIXED USE UPTOWN (DMU-U) ZONING DISTRICT; AMENDING SECTION 28-167(A) TO ALLOW “RESTAURANTS/CATERERS” AS A PERMITTED USE IN DOWNTOWN MIXED USE CIVIC WATERFRONT (DMU-C) ZONING DISTRICT; AMENDING  SECTION 28-168 TO ALLOW “RETAIL GASOLINE SALES” AS A LIMITED USE IN TOURIST (T), DOWNTOWN MIXED USE MIDTOWN (DMU-M) AND DOWNTOWN MIXED USE CIVIC WATERFRONT (DMU-C) ZONING DISTRICTS; AMENDING SECTION 28-176(A) TO ALLOW “TRANSIENT ACCOMMODATIONS” AS A PERMITTED USE IN TOURIST (T) ZONING DISTRICT; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. 

City Manager Larese highlighted the request as provided in the Council agenda packet. 

On September 20, 2023, the Planning and Zoning Commission recommended approval as presented. Motion passed with a 7-0 vote.

Member Stoeckel and staff discussed the background for why the proposed ordinance was drafted and Mayor Diesel thanked staff for their work. 

Mayor Diesel opened the first public hearing. As there were no persons that wished to speak, the first public hearing was closed. 

This was the first reading and first public hearing. The second reading and final public hearing was scheduled for the regular City Council meeting on October 10, 2023.

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Ordinance No. 48-2023 - Florida Live Local Act Ordinance and Resolution No. 25-2023 - City Attorney Broome read Ordinance No. 48-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING CHAPTER 29 “SPECIAL DISTRICTS AND OVERLAYS”, ARTICLE VIII “SPECIAL LAND USE STANDARDS” TO ESTABLISH STANDARDS AND PROCEDURES FOR DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS PURSUANT TO SECTION 166.04151, FLORIDA STATUTES, AS CREATED BY CHAPTER 2023-17, LAWS OF FLORIDA (LIVE LOCAL ACT OF 2023) BY CREATING DIVISION 4 “AFFORDABLE HOUSING”, TO INCLUDE SECTIONS 29-144 “PURPOSE”, 29-145 “DEFINITIONS”, 29-146 “DEVELOPMENT STANDARDS” AND 29-147 “EXPEDITED REVIEW PROCESS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE, SUNSET PROVISIONS, AND INCORPORATION INTO THE CODE, for the first time by title only. 

City Manager Larese highlighted the request as provided in the Council agenda packet. He advised the Planning and Zoning Commission would consider the proposed ordinance at a hearing on October 4, 2023. 

Vice-Mayor Robinson and Community Development Director Brad Parrish discussed his questions on the County and Melbourne having adopted local ordinances on these matters. The purpose was to identify any zoning districts that could be impacted by the State’s Live Local Act and then create criteria for their zoning districts. In majority, however, many cities were still figuring out what to do and there were not many examples of other local governments’ implementation policies for the new State legislation. Staff had been researching, attending seminars, and communicating with agencies like the Florida Housing Coalition. Staff believed the proposed ordinance generally addressed the subjects discussed in the Live Local Act. All local government ordinances would need to be unique, because each City had its own unique zoning codes and requirements. 

Member Nelson and staff discussed her questions on ideas to encourage developers to bring their Live Local Act projects to commercial areas rather than industrial areas. There were some criticisms on the new State legislation concerning projects being located in industrial areas and environmental justice. Staff advised that during prior direction from the Council, staff was tasked with researching incentives and alternatives, so that affordable housing projects might occur in areas that a development’s residents would desire or benefit rather than being located industrial areas (a concern or criticism by some). 

On the ad valorem option and if adopted, it must be broadly applied anywhere there was affordable housing. There were not many examples from other cities on this concept, although Jacksonville had adopted such an ordinance. Staff was still exploring more on incentives and alternatives on all related matters. 

Member Stoeckel and staff discussed her questions on the impacts of the State’s legislation to City zoning categories. Staff discussed preemptions in the legislation concerning height and density, in areas designated as commercial, industrial, and mixed-uses. Also discussed included analysis of the City’s zoning categories, the percentage of residential use required by the State legislation (minimum 65% of total square footage consisting of affordable and market rate units  and of these 40% must be affordable housing), there were yet more provisions of the State legislation to navigate (as discussed), a desire to utilize commercial blighted areas, but also not losing too much commercial space, whether the City could encourage more mixed-use projects, a staff opinion of how the legislation intended to avoid unintended consequences for cities concerning not having enough commercial spaces to serve future population needs, staff was seeking whether the definition(s) drafted for mixed-use was acceptable to the Council, anticipation that an adopted (pending) local ordinance would need to be revised while the City interpreted the new State’s  Live Local Act, etc.  

Member Diesel commented on the importance of careful drafting and consideration of a local ordinance. 

Mayor Diesel opened the first public hearing. 

Cole Oliver commented on navigating ambiguities in the new State legislation and its application to local projects. He commented on mixed-use projects that may or may not require going before the Council, how to interpret the new State law against the City’s various zoning categories, like within the Regional Mixed Use (RMU), Regional Commercial (RC), Public (P) zoned properties, etc. 

By consensus approval, the Council gave Mr. Oliver two additional minutes to speak. 

Cole Oliver continued and commented on two or more mixed uses, going away from the Code’s use table or ensuring the ease of viewing a table(s) on the uses of property, percentage calculations required by the State and possibly the City in pending local ordinances, being careful not to overlap State requirements, parking and mass transit stop being defined, defining an inner city bus station, defining accessibility beyond the State legislation, there was still a substantive amount of information that needed to be interpreted, etc. 

Council and staff discussion ensued on the following:

Member Nelson

• Open space, building, and other calculations
• Property boundaries
• Building spaces
• Adding language and definitions to specify “this is what we mean”, in order to have clear Code language
• Referencing the use table or providing definitions

Member Stoeckel

• Getting further direction from the Council. Retail and Public were used as examples for this discussion (limitations, interpreting all meanings and nuances, etc.)
• The airport and multiple uses or zoning designations on the property  
• Staff was in a difficult position if the Council did not adopt a local ordinance
• Do not include airport space
• Non-residential uses and a desire to have more commercial and public use
• A desire for outside community members to enjoy portions of projects or its amenities

Member Cole

As there were no other persons that wished to speak, the first public hearing was closed. 

This was the first reading and first public hearing of Ordinance No. 48-2023.  The second reading and final public hearing was scheduled for the regular City Council meeting on October 10, 2023.  Additionally, Resolution No. 25-2023 would be considered at the regular City Council meeting on October 10, 2023.

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ORDINANCES-FIRST READING – None. 

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OLD BUSINESS

Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding Under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter of Gregory J. Nelson, re: Small Scale Amendment (SSA) No. 5-2022, Petitioner, v. City of Titusville, Florida, Respondent - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Conditional Mediated Settlement Agreement, authorize the Mayor to sign the Agreement, and announce discussion of a motion to rescind the denial of SSA Application No. 5-2022, to be heard at the next regular City Council meeting on October 10, 2023.

The following information was provided in the Council agenda packet. 

The Applicant, Kimberly Rezanka, on behalf of her client/property owner, Gregory J. Nelson, requested a Small-Scale Comprehensive Plan Amendment (SSA) with rezoning on approximately 3.31 acres of land located southeast of the I-95 and State Road 405 (Garden Street) interchange.

On March 28, 2023, City Council conducted a Public Hearing to consider the request to change the City of Titusville Comprehensive Plan Future Land Use designation from conservation to Commercial High Intensity and to rezone the same portion of the property from Open Space and Recreation (OR) zoning designation to Regional Commercial (RC). City Council voted to deny the land use change, Ordinance No. 17-2023, which effectively prevented Council from approving the rezoning request as a matter of law. The Council based their objection on a determination that insufficient information to reliably make a consistency finding with Comprehensive Plan Conservation Element Strategy 1.6.3.2 was provided. The Council considered issues relating to filling in the wetland, environmental constraints on the property, and impacts to surrounding properties. In addition, the Council found that the Applicant may utilize their property consistent with Comprehensive Plan Future Land Use Element Policy 1.16.4 without the need for a map amendment.

On May 4, 2023, the City Attorney's office received a timely Request for Relief on behalf of Gregory J. Nelson, pursuant to Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act)(hereinafter referred to as the "Act"), and Request for Informal Mediation pursuant to Section 163.318(4), Florida Statutes.

The Act allows an owner of real property to seek relief under the Act before a special magistrate if the owner believes that a development order issued by a governmental entity "unreasonably or unfairly burdens the use of the owner's real property." Generally, under the Act, the first responsibility of the special magistrate is to facilitate a resolution of the conflict by mediation between the owner and the governmental entity by modifying the owner's proposed use of the property or adjusting the development order in an effort to find a mutually acceptable solution. In furtherance of complying with the Act, the Petitioner and the City agreed to the appointment of Attorney Paul R. Gougelman to serve as the special magistrate. Mr. Gougelman has extensive local government experience.

As required by the Act, the parties then conducted a mediation with Special Magistrate Gougelman on August 4, 2023. During the mediation, a Conditional Mediated Settlement Agreement (hereinafter referred to as the "Settlement Agreement") was reached subject to the Council's approval at a duly noticed meeting. Special Magistrate Gougelman also issued an Order Approving Mediated Settlement (hereinafter referred to as the "Order"). The Settlement Agreement and Order are attached to this Agenda Item. The Order approves the Settlement Agreement and recommends the same to the City Council. The Order further sets forth a variety of deadlines and contingencies depending on the outcome of future decisions made by the City Council.

If approved by City Council, this Settlement Agreement proposes to rescind the previous denial of this Application, and to reconsider this Application at a future City Council meeting, subject to certain specified conditions. To be clear, the Settlement Agreement does not formally approve the decision to rescind the denial of SSA #5-2022. Rather, the Settlement Agreement allows the Petitioner to present his Application at the Second Hearing before City Council along with supplemental information and a bubble plan for the project site.

Petitioner's Request for Relief and the City's Response are also attached to the Agenda Item as additional background information regarding this matter.

Alternatives:

Disapprove the Settlement Agreement as presented.

If the SSA #5-2022 was not approved by December 1, 2023, then the Special Magistrate Hearing will be heard on December 18, 2023 at 12:30 pm, or until such time as the City Council renders a final development order on the Application.

Community Development Director Parrish provided background information on formal actions that previously transpired and what was proposed at this meeting. From what he had researched in prior City Council meeting minutes, the desire was to address stormwater drainage. 

Concept plans were also discussed. Page 620 of the Council agenda packet was one concept submitted to the City for the subject site. Staff previously met with the applicant’s engineer on various concept plan ideas. The indication was that no matter the concept, there would be impacts to the existing pond on the subject site. 

Community Development Director Parrish further discussed the applicant’s desire to obtain legal right-of-way access to property located at the rear of the subject site, the subject site was located in the Area of Critical Concern (ACC) and had significant environmental constraints, and adhering to the ACC Code and environmental policy requirements, the applicant’s “bubble plan” was created and intended to yield to the Area of Critical Concern (ACC) Code requirements. 

On the matter of stormwater drainage and impacts to the single family subdivision adjacent to the subject site, the applicant provided a drawing(s) with arrows that indicated that certain lots located in the adjacent single-family subdivision drained onto the applicant’s property. Community Development Director Parrish further advised the applicant intended to address stormwater drainage when or if the applicant developed the subject site in the future, in which the applicant would redirect stormwater drainage to an outfall area at the rear of the property. These issues were not yet at an engineering or site planning level (not yet completed). Instead, this information was provided to address the concepts discussed during the prior public hearing(s). 

Community Development Director Parrish advised that if the Council approved the proposed negotiated agreement, the next steps would include re-hearing the applicant’s Small Scale Amendment Application (again) and with an amendment that would include “this concept”. 

Council discussion ensued on the following:

• The discussion at the prior hearing and concerns for stormwater drainage
• Addressing drainage moving forward
• The current land use and zoning designations on the subject site and the proposed changes to the designations
• If the applicant’s small scale amendment application was approved to be reheard, the indication was the requested actions would not change, but the difference was that a concept plan addressing stormwater drainage or the concerns would be attached to the applicant’s desired formal land use and zoning changes
• The indication was the applicant was working to address changes
• The location of the stormwater drainage outfall area at the rear of the subject site and wetlands were already at the rear of the property
• If the property was sold, the rights afforded by Council’s (pending) formal land use and zoning changes would stay with the property. Future owners of the subject site would also be bound by the suggested concept plan, if the application was reheard and approved by the Council along with an attached stormwater drainage concept plan
• Future hypothetical scenarios under different Council members (when current Council members were no longer serving on the City Council) and whether a concept plan would require formal approval, if future successors desired changing the stormwater drainage concept plan
• Legal questions associated with future scenarios
• If a concept plan was submitted, it was binding to the property. Anytime a property owner or successors wanted to change this, the City required it to be processed under rezoning procedures that required a public hearing(s).

Several individuals submitted public speaking cards. 

Kim Rezanka, an attorney on behalf of Gregory J. Nelson, re: Small Scale Amendment (SSA) Application No. 5-2022, Petitioner, distributed information. She requested Council’s approval of the negotiated settlement agreement and highlighted information on prior concerns on the applicant’s requests for amending the land use and zoning on the property. In the information that she distributed, one document was also presented during the public hearing on March 28, 2023, which was completed by an environmental consultant depicting where the lake and wetlands were located, etc.  

The second document, referred to as Exhibit 5 and that would be discussed further by Rodney Honeycutt (project engineer), depicted slight changes to the drainage and the access. Ms. Rezanka requested this document be attached to the settlement agreement. 

Ms. Rezanka continued and commented on the comments, concerns, and questions from the Council hearing on March 28, 2023, the concerns indicated were for stormwater drainage and protecting the Fairglen Subdivision (adjacent to subject site), the Code requirements during the stage of requesting land use and zoning changes and items not yet required during this stage, site plan process requirements, the prior discussion on the conservation element strategy and the functional value of wetlands on the site (less than 5-acres), the difficulty of proving flooding issues without engineering analysis, which the project engineer (R. Honeycutt) had moved forward on this issue. 

By consensus approval, the Council gave Ms. Rezanka two additional minutes to speak.

Ms. Rezanka continued and commented that a drainage survey was conducted and the information was now available, revised plans affecting items like legal access and in accordance with current City policies, brainstorming other solutions, but which required amending City policies, the reason for the applicant returning with a “bubble plan” and these items would be binding on the property, the applicant was requesting a second chance allowed by Robert’s Rules of Order, the subject site was unique, the City’s Code and Comprehensive Plan Policies were unique, the applicant’s desire to return to Council, more information the applicant hoped could be presented, support letters from the community, new attachments, reiterating her and the applicant’s request for Council to approve the negotiated settlement agreement, etc. 

Rodney Honeycutt, an engineer on behalf of Gregory J. Nelson, re: Small Scale Amendment (SSA) Application No. 5-2022, Petitioner, distributed information. He commented on his interpretation why Council previously denied the applicant’s request, which concerned information stated in the City’s Comprehensive Plan and reasonable development of the site, even though the property or a portion thereof was in the Open Space and Recreation (OR) zone. To this, Mr. Honeycutt commented on tasks that he and the project representatives undertook following the Council hearing on March 28, 2023. This included creating revised or new detailed plans similar to the “bubble plan”, making a pre-application submittal to the City, meeting with staff to discuss policy requirements, making subsequent changes following meeting with staff, options available to the public for any issues with the applicant’s plans (changing City Codes, requesting a variance, etc.). Mr. Honeycutt advised the applicant decided to use the reasonable plan and return to Council for their consideration. 

About the exhibits, Mr. Honeycutt discussed the drainage exhibit and reviewed the information on this document. He also highlighted information related to the Federal Emergency Management Agency (FEMA) and a “FEMA panel” and a “FIRMette” or a section of a flood insurance rate map (FIRM) developed by FEMA, which could be created online by selecting the desired area from an image of a FIRM. This was an enlarged view of the site.

Mr. Honeycutt also discussed site elevations using North American Vertical Datum of 1988 (NAVD 88), which consisted of a leveling network on the North American Continent and how calculations were made prior to 1988. Satellites technology changed the standards in 1988.

By consensus approval, the Council gave Mr. Honeycutt three additional minutes to speak.

Mr. Honeycutt continued and commented on how FEMA obtained information from other government agencies to complete their work on certain maps, the use on Lidar maps, Exhibit 3 provided current drainage patterns in the area and considering the location of the Fairglen Subdivision.

Exhibit 4 (indicated to be the proposed stormwater drainage concept plan) depicted how the stormwater drainage pattern could be amended. With major rainfall events, water would be diverted away from the adjacent subdivision and it would even benefit the subdivision for any of its stormwater drainage that was intercepted by the applicant’s stormwater drainage concept plan, as explained by Mr. Honeycutt. He advised Lot 6 of the Fairglen Subdivision was a lot with low elevation and this concept plan would eliminate this issue for this lot area.

By consensus approval, the Council gave Mr. Honeycutt one additional minute to speak.

Exhibit 5, explained Mr. Honeycutt, depicted how the drainage worked. There was a proposed road was further to the west than before, because there were now areas for a drainage easement and landscaping between the subject property and the Fairglen Subdivision. Drainage would be redirected to the south. This was the new “bubble plan” to replace an older version. It would be attached to the mediation agreement in lieu of the other one. This would be a binding plan on the property and future successors, unless changes were approved by the Council.

Additionally, Mr. Honeycutt advised the property was located in the Area of Critical Concern (ACC) and approximately 95% of the property was located in the 25% impervious area. The indication was the property could not be developed like a normal project with 50% or 60% impervious.

Brief Council discussion ensued on the following:

Mayor Diesel

• The main concern was impacts or flooding the Fairglen Subdivision
• Acknowledgement the applicant and project representatives were attempting to address the prior concerns
• Viewing the general area after rain events
• Whether Mr. Honeycutt or the project representatives had communicated their ideas for improvement to the Fairglen Subdivision residents

Member Cole

Fill dirt would be added by the plans contained in Exhibit 5 and to make the drainage concept plan work, as explained in detail by Mr. Honeycutt.

Member Stoeckel

• Notifying the nearby residents in accordance with procedures, etc.
• Appreciation for the exhibits or drawings
• Support that flooding issues would be improved in the area

Member Nelson

Randy Coleman submitted a public speaking card. He supported the applicant’s request and requested the Council’s support. 

City Attorney Broome outlined all pertinent procedures depending on what the Council chose to do next. 

Motion:

Member Nelson moved to approve the Conditional Mediated Settlement Agreement, authorized the Mayor to sign the agreement, and announced discussion of a Motion to Rescind the Denial of SSA No. 5-2022, to be heard at the next regular City Council meeting on October 10, 2023, as recommended.  The approval included attaching Exhibit 5 as distributed by Rodney Honeycutt to the Conditional Mediated Settlement Agreement. Member Cole seconded the motion and the roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously. 

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NEW BUSINESS

Fiscal Year 2023 Budgetary Carry Forward List - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve the Fiscal Year 2023 Budgetary Carry Forward List. There was no discussion. 

Motion:

Member Cole moved to approve the Fiscal Year 2023 Budgetary Carry Forward List, as recommended. Member Nelson seconded the motion and the roll call vote was:

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously. 

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Inclusionary Zoning – Advisability - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to seek Council guidance and whether they desired to direct staff to provide a research report on housing needs with recommendations related to adopting an inclusionary housing and/or linkage fee ordinance, if the Council desired more information on this topic. 

Vice-Mayor Robinson desired moving forward. During the meeting, he also discussed present constraints on the Affordable Housing Advisory Committee (AHAC). Additionally, he and staff discussed the State Housing Initiative Partnership (SHIP) Program Incentive Plan and that for the last few years, the annually adopted SHIP Plan included a recommendation to evaluate inclusionary zoning.  

City Manager Larese advised that if the Council desired moving forward, the City would hire a consultant. These efforts would take time. 

Member Stoeckel discussed her concerns for staff time and budgeting. She advised the State’s new Live Local Act was intended to achieve similar goals. She desired seeing more completed on this item first, in the effort to be careful with diverting staff time and money (resources). 

Mayor Diesel commented that it was an appropriate time to champion all efforts to create and provide affordable housing. Member Nelson agreed. These matters would take time. 

Mayor Diesel advised that not all persons needed to be low income. He also discussed his familiarity with a teaching professional of 20-years. This person was living in an apartment and could not yet buy a home. 

Motion:

Vice-Mayor Robinson moved to direct staff to provide a research report on housing needs with recommendations related to adopting an inclusionary housing and/or linkage free ordinance. Member Nelson seconded the motion and the roll call vote was:

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously. 

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

Erron Fayson commented on the differences he interpreted between the State Live Local Act and inclusionary zoning. He supported working on both concepts simultaneously. Mr. Fayson also read from a prepared statement on his concerns for providing equitable housing for the community, etc. 

Ashley Burke of Space Coast Bunnies, a non-profit rabbit rescue, requested the Council’s support to curb the increasing population of rabbits in the community. Rabbits also suffered diseases, sickness, and needed care. Rescue organizations could not handle the volume of these issues. Ferrell cats were also becoming problematic. 

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MAYOR AND COUNCIL REPORTS

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

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

• A gathering at St. Gabriel’s and future planning meeting
• Compliments from the community on the downtown
• Titusville High Football Team recent success

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Council Reports - 

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

• An upcoming event to say goodbye to Titusville Housing Authority Executive Director Robert Lambert (retirement)
• His commitment to being a keynote speaker at an event hosted by Length of Hope---an organization concerned for saving children
• Attending an upcoming meeting or event hosted by the National Association for the Advancement of Colored People (NAACP)
• His church was hosting a community program on Saturday, September 30, 2023. Other City representatives and Police staff would be in attendance. Others would discuss mental health and general medicine

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

• Attending a recent Florida League of Cities Board Meeting as a Board Member and topics discussed
• Her being impressed by the Florida League of Cities and reasons why. Respect also given to the Space Coast League of Cities
• The Florida League of Cities partnering with NASA developing an alternative to concrete that might be used for infrastructure, etc.
• The Young Elected Officials Group to which she belonged held meetings on professional development and facilitated various growth and learning opportunities
• Her commitment to being a keynote speaker at an upcoming meeting of the International City/County Management Association (ICMA) meeting or conference, where she would discuss community and engagement and participation on/using social media platforms. She would also attend workshops

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

• Collaborative efforts to add sabal palm trees along the shore at Sand Point Park. The idea was to prevent erosion. More trees were desired and the D1 County Commissioner and the Parks and Recreation Office were working to assist with funding
• Rotary Club scavenger hunt on October 21, 2023 and proceeds to assist with literacy

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CITY MANAGER’S REPORT

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

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Cancellation of City Council Meeting(s) – It was requested whether the Council desired continuing the custom of canceling the second regular City Council meetings in the month of December. 

Motion

Member Nelson moved to cancel the City Council meetings scheduled on December 26, 2023 at 5:30 p.m. (Presentations Meeting) and 6:30 p.m. (Regular Meeting). Vice-Mayor Robinson seconded the motion and it carried unanimously. 

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Fiscal Year 2024 Legislative Priorities – The Council’s consideration or discussion was requested on the draft of the City’s 2024 Legislative Priorities (included in the Council agenda packet), which would be forwarded to the Space Coast League of Cities and presented to the Brevard Legislative Delegation prior to next year’s State legislative session.

Member Stoeckel advised the Live Local Act was a top priority to her. Continuing the prior Indian River Lagoon initiatives was also important to her. 

Brief Council discussion ensued on the vague or generic language in the State’s Live Local Act. 

The indication was the priorities list was acceptable to the Council. 

By a consensus approval, Council approved the Fiscal Year 2024 Legislative Priorities, which would be forwarded to the Space Coast League of Cities to be presented to the Brevard Legislative Delegation prior to next year’s legislative session. 

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City Manager Larese highlighted information on the centralized Grants Tracking System from his report. The remaining items were provided for informational purposes only.

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CITY ATTORNEY’S REPORT

City Attorney Broome distributed and highlighted a memo to the City Council concerning the Brevard County Tourist Development Tax and the statutory requirements of Florida Statutes Section 125.0104.  Council did not take any actions on this information.

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City Attorney Broome provided an update on litigation filed by a citizen (Plaintiff) versus the City of Titusville and Apollo Gardens (Defendants).

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With no further business to discuss, the meeting adjourned at 9:25 p.m.