Regular City Council - February 8, 2022

City Council

Regular Meeting

February 8, 2022

The City of Titusville City Council met in regular session on Tuesday, February 8, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., and City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes.

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Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, City Clerk Wanda Wells read the procedure for public comment and participation. 

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APPROVAL OF MINUTES

Motion: Member Nelson moved to approve the minutes of the regular City Council meetings on December 14, 2021 and January 11, 2022 and special City Council meeting on January 18, 2022, as submitted. Vice-Mayor Jordan seconded the motion. The roll call vote was:

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

The motion carried unanimously. 

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City Manager Larese stated that staff requested tabling Item 8B - Jess Parrish Medical Foundation Grant Award for emergency medical services (EMS) equipment and Item 9B - Ordinance No. 3-2022 Relating to Tree Survey Requirements to the February 22, 2022 regular City Council meeting at 6:30 p.m.

Motion: Vice-Mayor Jordan moved to table Item 8B - Jess Parrish Medical Foundation Grant Award for emergency medical services (EMS) equipment to the February 22, 2022 regular City Council meeting at 6:30 p.m. Member Nelson seconded the motion.

The motion carried unanimously.

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Motion: Member Nelson moved to table Item 9B - Ordinance No. 3-2022 Relating to Tree Survey Requirements to the February 22, 2022 regular City Council meeting at 6:30 p.m. Vice-Mayor Jordan seconded the motion.

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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BOARDS AND COMMISSIONS

Titusville Community Service Award Select Committee - Authorize the Mayor to appoint the chairperson and clergy representative for the 2022 Titusville Community Service Award Select Committee, with confirmation by City Council.

Mayor Diesel designated Herman Cole, Jr. as the Chair and Barry Russell from the Grove Church as the clergy representative for the Titusville Community Service Award Select Committee.

Mayor Diesel stated that they both did a great job last year and he appreciated them agreeing to be part of the committee again.

Motion: Vice-Mayor Jordan moved to appoint Mr. Herman Cole, Jr. as chair and Mr. Barry Russel as the clergy representative to the Titusville Community Service Award Select Committee. Member Nelson seconded the motion. The roll call vote was:

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

The motion carried unanimously.

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Titusville Historic Preservation Board (HPB) - Leave of Absence - Approve Historic Preservation Board Member Dennis (Mark) Jonas' request for a three month leave of absence from February 2022 through April 2022.

Motion: Member Nelson moved to approve Historic Preservation Board Member Dennis (Mark) Jonas' request for a three month leave of absence from February 2022 through April 2022. Vice-Mayor Jordan seconded the motion. The roll call vote was:

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

The motion carried unanimously. 

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Board of Adjustments and Appeals - Appoint one regular member to the Board of Adjustments and Appeals for an unexpired term to expire on July 31, 2022.

There was one (1) application currently on file for consideration, from Nathan Slusher of the building trades industries (expertise/experience). Mr. Slusher expressed his willingness and desire to serve on this board for an unexpired term to expire on July 31, 2023.

Nathan Slusher reviewed his application and work experience with council. Mr. Slusher stated that he wished to sit on the Board of Adjustments and Appeals for three reasons: To learn about the board and educate the public on how/why this board functions, to give the citizens appealing the opportunity to be heard and to gain experience and knowledge on citizen advisory boards. 

Member Robinson asked Mr. Slusher how he would make decisions if he was gaining experience by being on Board of Adjustments and Appeals. Mr. Slusher stated that he believed they were all constantly gaining experience by everything that comes before them. 

Vice-Mayor Jordan asked Mr. Slusher about his application and if he was considered a person associated with the building trade industry because Mr. Slusher’s company did facilities maintenance. Mr. Slusher stated that his company does anything that doesn’t require specialty licenses.  

Vice-Mayor Jordan stated that although Mr. Slusher did meet the requirements for the building trade industry, he thought that the idea for the person associated with the building trade industry was someone who was building structures. Vice-Mayor Jordan stated that he did not believe Mr. Slusher fit into that category, but into public at large. 

City Attorney Broome confirmed with City Clerk Wanda Wells that the Board of Adjustments and Appeals had the ability to have two members for public at large, and if the current opening was for public at large.

City Clerk Wanda Wells stated that the code allowed two public at large members to serve as regular members and the board currently had two members serving in the public at large position so there was no vacancy for that position at that time. 

City Attorney Broome stated that Council had to decide if Mr. Slusher met the requirements to serve as a member associated with the building trade industry. 

Council came to a consensus to table this item for one month. This item will be considered at the regular City Council meeting on March 8, 2022 at 6:30 p.m.  

Following the meeting, staff determined that the expiration date in the recommendation action was incorrect.  It should have reflected July 31, 2023 as written in the summary explanation and background of the report.  

Motion: Vice-Mayor Jordan moved to table this item to the March 8, 2022 regular City Council meeting at 6:30 p.m. Member Nelson seconded the motion. The roll call vote was:

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

       Mayor Diesel                          No

The motion carried with Mayor Diesel in objection.

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Board of Adjustments and Appeals - The Board of Adjustments and Appeals semi-annual written

report is included in the agenda packet. No action is required.

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) - 

Stan Johnston stated that he was representing a home owner from Alaska who owned a house on Mockingbird Lane that was not recognized on the survey or site plan of S&J Oaks also known as Elizabeth Oaks Town Home. Mr. Johnston stated that they were not aware of the project until January 19, 2022. Mr. Johnston stated that the homeowners did not agree with the sketch plat that changed the road to a one-way access road.

Mayor Diesel asked Mr. Johnston what he was asking council to do.

Mr. Johnston stated that he was asking for a two-way access and that the home owners would not have to maintain the property.

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Kay St. Onge stated that 38 large, healthy and live oak trees were cut down last week at Winn Dixie on Harrison Street. Ms. Onge stated that the site permit issued to Titusville Plaza for parking lot renovations and installation of new landscaping resulted in the removal of these healthy live oaks that would be replaced with 30 exotic sylvester palms. Ms. Onge stated that these sylvester palms were susceptible to lethal bronzing disease and there was a report in the technical memo from a certified arborist indicating that they did not recommend the planting of the palms. Ms. Onge asked Council why the City would allow them to replace the live, native oak trees with disease prone exotic palms.

Community Development Director Peggy Busacca stated that the oak trees were planted in the 1980’s and landscape standards were not approved by the City until 1990 so the islands that these oak trees were planted in were substandard in size. Community Development Director Peggy Busacca stated that the applicant asked to remove 86 mature trees, but the staff negotiated it down to 38 trees; the approved plan meets the code requirements. Community Development Director Peggy Busacca stated that the recommendation was to replace the live oak trees with palm trees, staff did not recommend the sylvester palm, but it was the only canopy tree in the code that was also a palm.

Member Nelson asked Community Development Director Peggy Busacca if there was a way to approve a different palm tree. Community Development Director Peggy Busacca stated that not under the current code.

Vice-Mayor Jordan stated that the trees were beautiful, but as a business owner, he understood that the trees were a liability in the parking lot for the public.

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Nathan Slusher commented on the Department of Environmental Protection giving notice of its preparation of a draft permit to SpaceX Florida for the Hanger X.  Mr. Slusher stated that the permit authorized the permittee to construct and operate an industrial wastewater treatment facility which would discharge non-processed wastewater into Oyster Prong.  Mr. Slusher requested that the public hearings were held in Titusville versus Orlando and that a presentation of the proposed facility and treatment process was provided.   

Staff will research the permit and provide additional information to the City Manager for distribution to the City Council.  

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Ms. Laurliee Thompson discussed lethal bronzing disease and lethal yellowing disease in trees. Ms. Thompson stated our community has been kept in the dark about what Space X was doing at the Space Center including the proposed launch facility that would impact 175 acres of wetlands. Ms. Thompson stated that Space X should utilize the empty launch facilities at the Air Force Station in Cape Canaveral. Ms. Thompson discussed the beach closures that would occur if Space X built this launch facility.

Ms. Laurliee Thompson and Council discussed the Space X launch facility and waste water treatment center and the impact it would have on the Indian River Lagoon’s health.

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Kathleen Perez stated that she worked for The National Aeronautics and Space Administration (NASA) and Space Force and she confirmed that the launch facility was on the master plan for NASA. Ms. Perez stated that it was cheaper for companies to build a new pad than to renovate an old pad.

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Nayra Atiya discussed the oak trees that were removed at Winn Dixie.

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Toni Shifalo stated that the code needed to be changed and recommended that the Titusville Environmental Commission or Tree Committee be involved in the decision-making process with staff regarding the removal of trees.

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William Kline stated that in the 1990’s Titusville City Council created the Tree Mitigation Fund to plant trees and mitigate environmental damage caused by new developments. Mr. Kline stated that the funds were used to pay for different projects instead of used to plant trees.  

Mayor Diesel stated that the City had more baffle boxes than any of the south counties and the City has been working on ways to improve the health of the Indian River Lagoon.

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Kristin Lortie stated that she was in support of Titusville being a tree city USA. Ms. Lortie stated that she was the founder of the Cocoa Cares Citizen Group and the Cocoa Cares Green Team and believed citizens should be involved. Ms. Lortie stated that the public comments were made after the trees were already cut down and she believed that there should have been a public comment before the trees were destroyed.

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Michael Myjak stated that the trees in the Winn Dixie parking lot only needed maintenance and within five to ten years, the trees would have created a beautiful canopy. Mr. Myjak stated that when the roots from the trees die, it would cause pot holes in the new parking lot. Mr. Myjak stated that the manatees were not the only animals dying in the Indian River Lagoon. Mr. Myjak explained that the whole food chain throughout the Indian River Lagoon was affected by what was killing the manatees.  

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Geoffrey Tyson discussed an issue with his building permit for a small addition on his house.

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Mayor Diesel called for a six-minute recess.

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CONSENT AGENDA

City Clerk Wanda Wells advised that there was one card for Item G, one card for Item J, two cards for Item C and nine cards submitted from one individual.

City Manager Larese read Consent Agenda items A through K, as followed:

Toni Shifalo asked if the shade structures at the Marina Dog Park was the City’s project. 

City Manager Larese stated that North Area Parks Operation Manager Jeff Davis met with Redevelopment Planner Tim Ford at Council’s request to discuss if there were any amenities that were able to be purchased and installed by the City, and these two items were requested by North Area Parks Operation Manager Jeff Davis. 

Toni Shifalo stated that $65,000 could be used to purchase trees that the dogs would enjoy in the dog park, as well as help with the stormwater. 

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Kathleen Perez submitted a card on Item C but did not speak.

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Nathan Slusher asked if the Gridsmart detection cameras being installed in downtown Titusville were overseeing people walking.   

Public Works Director Kevin Cook stated that the cameras were replacements for the current cameras that had trouble detecting bicycles. Public Works Director Kevin Cook stated that the bicyclist would not have to hit the pedestrian crosswalk button anymore.

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Toni Shifalo asked about the Save Our Indian River Lagoon grants disclosure form.  Ms. Shifalo stated that things work well in Titusville when the citizens and government departments work together. Ms. Shifalo asked for clarification on the value of $100,000 for Consent Agenda Item K – Save Our Indian River Lagoon Grant Disclosure Form. 

City Manager Broome read from the report: In order for the County to comply with section 286.101, Florida Statutes, all prospective contractors and grant recipients seeking to contract with the County, or receive a grant from the County, where said contract or grant has a value of $100,000 or more must disclose to the County (1) any current or prior interest of, (2) any contract with, or (3) any grant or gift received from a foreign country of concern (defined as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, and the Syrian Arab Republic, or an agency or other entity under the significant control of such foreign country of concern) if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five years. The City has had no such interests, contracts, grants or gifts.

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Stan Johnston stated that the steel shade structures at the dog park would rust from the salt in the Indian River Lagoon. He also stated that the benches were overpriced. In addition, Mr. Johnston discussed a tree survey in the City that he did not support.

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

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

       Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes                              

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 3-2022 Relating to tree Survey Requirements - This item was tabled to the regular City Council meeting on February 22, 2022 at 6:30 p.m.

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ORDINANCES-FIRST READING

Ordinance No. 4-2022 - Tranquility Community Development District (CDD) - City Attorney Broome read, Ordinance No. 4-2022 granting the petition for an ordinance to establish the Tranquility Community Development District, pursuant to Chapter 190, Florida Statutes (2021), concerning that certain approximately 455.76 +/- acres of land; describing the Petition to establish the Tranquility Community Development District; providing for severability; repeal of conflicting ordinances; and an effective date. (The second reading and public hearing was scheduled to be conducted by City Council on February 22, 2022 beginning at 6:30 PM.) by title only.  

Mark Watts and Stan Johnston submitted cards for this item, but did not speak. 

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OLD BUSINESS – None.

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NEW BUSINESS

Lump Sum Payout of $25,000 Cancer Benefit in accordance with 112.1816, Florida Statute – City Manager Larese advised that the request was to approve a one-time Lump Sum cash payout from the City’s loss fund to pay a $25,000 cancer benefit to a City of Titusville Firefighter who met all of the requirements for payment in accordance with 112.1816, Florida Statute.

Motion: Vice-Mayor Jordan moved to approve a one-time Lump Sum cash payout from the City’s loss fund to pay a $25,000 cancer benefit to a City of Titusville Firefighter who met all of the requirements for payment in accordance with 112.1816, Florida Statute. Member Stoeckel seconded the motion, as recommended. The roll call vote was:

                                    Member Robinson                  Yes

       Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

       Member Stoeckel                    Yes

The motion carried unanimously.

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Advisability - Amending Conditional Use Permit Requirements for Height in Urban Village (UV) Zoning District - Provide direction to staff regarding the advisability of amending the Conditional Use Permit requirements for height in the Urban Village (UV) zoning district.

On January 25, 2022, the City Council received a request from Jesse Wright to consider amending the conditions related to height as a conditional use permit in the Urban Village (UV) zoning district. Section 28-106(c)(1) of the Code requires that 50% of a development site be “preserved in a natural state of open space consisting of native plant and animal habitat or would be returned to a natural state of open space consisting of native plant and animal species habitat” in order to allow a conditional use permit (CUP) for height above 60-feet.

Community Development Director Peggy Busacca stated that Urban Village had a fifty foot maximum height limit, unless the ground floor of the residential and commercial mixed-use building was retail in which case it would be increased to sixty feet. In order to go above sixty feet to a maximum height of one hundred feet, they are required to have fifty percent of the development preserved to its natural state or return to a natural state of open space consisting of native pants and animal species.

Staff put together a list of options including: 

1. Do not amend the regulations.
2. Reduce the 50% minimum “preservation of natural open space” requirement.
3. Eliminate the minimum preservation of natural open space.
4. The maximum height threshold could be increased in conjunction with any one of the above alternatives.
5. Amend the mixed-use requirement.

Vice-Mayor Jordan stated that he supported reducing the 50% minimum “preservation of natural open space” requirement to 25% and amending the conditional use permits.

Member Nelson stated that she supported reducing the 50% minimum “preservation of natural open space” requirement to 35% and amending the conditional use permits.

Member Robinson stated he was concerned with the height factor and the shade effecting other businesses. Member Robinson stated that the 50% minimum “preservation of natural open space” requirement was too much and recommended reducing it to 25%.

Member Stoeckel expressed her concern for the height because of the houses and neighborhood that were near the property. Member Stoeckel stated that the 50% minimum “preservation of natural open space” requirement was too much.

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Jessie Wright stated the he could not give more than 25% open space and when the master plan was submitted, he asked for 80 feet height for two building and 75 feet height for the hotel. Mr. Wright stated that the shade study showed that it did not impact the neighbors and he did not want to give up the observation deck located from 60-75 feet. Mr. Wright discussed his handout that included other buildings in Titusville that were above 75 feet high. 

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Rodney Honeycutt stated that he believed this was a good project for the City. Mr. Honeycutt stated that this property would add trees, treat storm water and include a baffle box for the storm water. Mr. Honeycutt stated that Mr. Wright requested 75 feet height and 25% open space, which he believed was a good compromise. 

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Lisa McCotter thanked staff for their time, work, and support on the project. 

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Robert Kennedy stated that he recently purchased a Sign Company and would like to continue to grow the company in Titusville. Mr. Kennedy expressed his support for the project.

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Mark Frank stated that 50% minimum “preservation of natural open space” was a lot and 25% was a good compromise. Mr. Frank stated that this project would bring more jobs to Titusville. 

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Nathan Slusher discussed section 34:37 of the code that included an amendment application that would allow the project to be approved and development start quicker.

City Attorney Broome stated that the applicant did not have a conditional use permit (CUP) for the height. City Attorney Broome stated that running the CUP and code change parallel to each other would be difficult because the CUP needed to be analyzed under the code and that code currently did not exist.

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Toni Shifalo stated that the history of Titusville’s buildings was short, not tall. Ms. Shifalo stated that the tall buildings stick out and she did not want Titusville to look like downtown Orlando.

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Stan Johnston stated that he was not in support of high buildings in Titusville. Mr. Johnston stated that our community was a low-rise community and should not have buildings higher than fifty feet.

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Based on Council’s discussion, staff would provide a report at the regular City Council meeting on February 22, 2022 at 6:30 p.m. The report would highlight Council’s discussion and provide options allowing Council to review and make additional changes, if needed, prior to staff preparing the ordinance amending the Conditional Use Permit requirements for height in the Urban Village (UV) zoning district.  

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) – None. 

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MAYOR AND COUNCIL REPORTS

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

Mayor Diesel thanked Council for approval to attend the Apollo 13 Splash Down Event. 

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Council Reports –  

Member Robinson stated that he drove to Orlando for a non-profit organization meeting. 

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Member Nelson expressed concern regarding new developments not installing automobile charging stations.  She felt that this would become an issue in the future as more individuals move to electric automobiles.  

Mayor Diesel stated that he heard that FPL discussed a concern for too many electric cars being on the grid. 

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Member Stoeckel stated that the Florida League of Cities was in Tallahassee the same time as the City Council meeting, so she was unable to attend.

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

City Manager Larese reminded Council of the special City Council meeting on Saturday, February 19, 2022. 

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City Attorneys Report – None. 

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With no further business to discuss, the meeting adjourned at 7:27 p.m.