Regular City Council - August 9, 2022

City Council

Regular Meeting

August 9, 2022

The City of Titusville City Council met in regular session on Tuesday, August 9, 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: Vice-Mayor Jordan moved to approve the minutes of the regular City Council meeting on July 26, 2022 (5:30 p.m.), as submitted. Member Nelson seconded the motion.

The motion carried unanimously. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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City Manager Larese advised that staff requested Council consider Item 12B - Right to Clean Water Proposed Charter Amendment at this point in the agenda and add an addendum to this agenda item.

City Attorney Broome stated that the City received a Motion to Intervene from Mr. Dwight Severs and Mrs. Laurie Severs regarding the declaratory judgment action that was filed. Mr. and Mrs. Severs asked if the City would consent to them intervening. City Attorney Broome suggested adding this to agenda Item 12B – Right to Clean Water Proposed Charter Amendment.

Motion: Vice-Mayor Jordan moved to discuss Item 12B - Right to Clean Water Proposed Charter Amendment at this point in the agenda. Member Nelson seconded the motion. The motion carried unanimously.

Motion: Vice-Mayor Jordan moved to add an addendum to the agenda item under new business (Item 12B).  The addendum was requested by Dwight and Laurie Severs for a Motion to Intervene in the declaratory judgment action with the Court to determine whether the petition language for the Right to Clean Water Proposed Charter Amendment was preempted by F.S. 166.031(1). Dwight and Laurie Severs requested the City provide their consent for the Motion to Intervene. Member Nelson seconded the motion. The motion carried unanimously.

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Right to Clean Water Proposed Charter Amendment – City Manager Larese advised that the request was to approve Resolution No. 15-2022 authorizing a referendum election on the Right to Clean Water Proposed Charter Amendment.

The Supervisor of Elections certified that a Petition initiated by Speak Up Titusville, Inc. to amend the City Charter secured the required number of signed petitions for the Charter Amendment Petition to be placed on the ballot for General Election on November 8, 2022.

Pursuant to F. S. 166.031, it was the ministerial duty of the City to place said petition on the ballot at the general election. The City filed a Declaratory Judgment action with the Court to determine whether the petition language was preempted by F. S. 166.031(1) and this proposed Resolution was subject to any subsequent Court Order that would enjoin or otherwise invalidate the Resolution.

The Resolution must be forwarded to the Supervisor of Elections by August 22, 2022, unless ordered otherwise by the Court.

Vice-Mayor Jordan stated that the declaratory judgment action was based off information that stated that adding the Right to Clean Water Proposed Charter Amendment to the City’s Ordinance was illegal. Vice-Mayor Jordan stated that he did not like that it was possible for the Right to Clean Water Proposed Charter Amendment to be put on the ballot and then following the election, the Judge could rule that it was illegal.

Yvette Flis asked council to consider the Right to Clean Water Proposed Charter Amendment and put it on the ballot.

Stan Johnston stated that the City did not return any of his phone calls. Mr. Johnston stated that Council needed to add the Right to Clean Water Proposed Charter Amendment to the ballot and let it run its course to see if it would be contested.

Kathleen Perez stated that she has been a member of Speak Up Titusville since it was established and it took them about a year to receive the signatures for the Right to Clean Water Proposed Charter Amendment. Ms. Perez commented on the proposed amendment and placement on the ballot.

Bill Klein stated that he believed that Council was required to add the Right to Clean Water Proposed Charter Amendment to the ballot since it met the legality with the number of signatures. Mr. Klein stated that he did not understand how a lawyer was going to claim that it was illegal for the Citizens of Titusville to have safe and clean water, etc.

Dwight Severs stated that he was available to answer any questions regarding the Motion to Intervene. Mr. Severs stated that he spoke with City Attorney Broome who had no objection to the intervention.

Member Stoeckel asked Mr. Severs what a Motion to Intervene included. Mr. Severs stated that he and Mrs. Severs had an interest in the outcome of the issue with the Right to Clean Water Proposed Charter Amendment pending before the court; specifically, no one was a defendant in the proceeding that signed the petition. Mr. Severs stated him and Mrs. Severs both signed the petition, are registered voters, and live on the Indian River Lagoon, so they had an interest in the outcome.

Motion: Member Nelson moved to approve Resolution No. 15-2022 authorizing a referendum election on the Right to Clean Water Proposed Charter Amendment, as recommended. 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.

Stan Johnston stated that they were getting close to a moot point because the City did not have a case and no defendant. Mr. Johnston stated that the City was testing a law without a plaintiff or defendant, so he questioned whether there was a moot point.

Motion: Member Nelson moved to approve consent to Dwight and Laurie Severs for the Motion to Intervene in the declaratory judgment action with the Court to determine whether the petition language for the proposed Right to Clean Water Charter Amendment was preempted by F.S. 166.031(1), as requested. Vice-Mayor Jordan 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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BOARDS AND COMMISSIONS

Titusville Environmental Commission – City Manager Larese advised that the request was to appoint one regular member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2022.

There were two applications on file for consideration: Mr. Robert Johnston and Mr. Todd St. Louis. They both expressed their willingness to serve on the Titusville Environmental Commission as a regular member with an unexpired term to expire on November 30, 2022.

William Young served as an Alternate Member with a term to expire on November 30, 2024; however, he did not wish to be considered as a Regular Member at this time. Staff attempted to contact Alternate Member Yvette Flis via email and telephone, but did not receive a response.

City Manager Larese advised that there was an application received on August 8, 2022 by Mr. Hector Delgado who expressed his willingness to serve on the Titusville Environmental Commission as a regular member with an unexpired term to expire on November 30, 2022.

Member Nelson suggested tabling the item to the regular City Council meeting on August 23, 2022 to allow Council time to consider all applicants including Mr. Delgado and Ms. Flis, who advised Council that she wanted to be considered. Ms. Flis was present at this meeting.

Mr. Johnston stated that the Titusville Environmental Commission had to cancel the July 13, 2022 meeting because they did not have a quorum. Mr. Johnston expressed that he was not in support of tabling this item and stated that he was qualified to fill the position, as well as Ms. Flis.

Toni Shifalo stated that the Titusville Environmental Commission had a lot of work with the Urban Forest Program and they did not have a quorum at the July 13, 2022 meeting and had to cancel the meeting. Ms. Shifalo stated that she was not in support of tabling this item and asked Council to vote on one of the candidates.

Motion: Vice-Mayor Jordan moved to table this item to the regular City Council meeting on August 23, 2022 at 6:30 p.m. Member Nelson 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 – The Board of Adjustments and Appeals semi-annual written report was included in the agenda packet. No action was required.

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Planning and Zoning Commission - The Planning and Zoning Commission's semi-annual written

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

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

Toni Shifalo discussed a request that Council approved for the Historic Preservation Board (HPB) to send a delegate to the Florida Trust for the Historic Preservations Conference in Deland, Florida at the end of July. Ms. Shifalo stated that she was the member who attended the conference and that it focused on the revitalization of downtown districts through preservations, renovation and adaptive reuse of existing structures. Ms. Shifalo stated that she was able to stand in for the City staff member to attend the Secretary of States Awards Banquet where she accepted the Florida Preservation Award for outstanding achievement in preservation communications and media for the HPB’s explore historic Titusville Booklet and interactive website. 

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Bill Klein stated that he had a very good meeting with Public Works Director Kevin Cook and other staff where he discussed combining the North US-1 gateway project and making some changes in the park. Mr. Klein stated that he was informed that most of the area around the intersection of US-1 was controlled by FDOT, not Titusville. To meet the requirements of a scenic byway, he needed to have discussions with FDOT. Mr. Klein thanked Council for allowing him to have that meeting with Public Works Director Kevin Cook and staff. 

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Marlys Breckle discussed the sidewalk near Sandpoint Park that leads to Downtown Titusville. Ms. Breckle stated that after meeting with Public Works Director Kevin Cook, she was informed that they plan to rip that sidewalk up to do more water and sewer work. Ms. Breckle asked Council if they were able to plant trees along the sidewalk to provide shade. 

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Stan Johnston stated that there was an invasive melaleuca tree in the median of US-1 near the gateway entrance of Titusville. Mr. Johnston thanked Community Development Director Peggy Busacca for her service to the City of Titusville and recommended that she become a consultant for the City. 

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CONSENT AGENDA

City Clerk Wanda Wells advised that there was one card submitted for Item D, one card for Item B, one card for Item H, and five cards submitted from one individual.

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

Nathan Slusher discussed the Florida Department of Environmental Protection (DEP) Grant Awarded for Community Resiliency Stewardship Program. Mr. Slusher stated that the grant was going to be used to initiate a program because based off the materials in the agenda packet, the sea levels were projected to put the City under water. Mr. Slusher asked why this topic was never discussed before City Council if it was a serious concern for the City of Titusville. 

Mayor Diesel stated that there were at least two full presentations on the sea level rising issue in Titusville as well as discussion at a workshop. 

Community Development Director Peggy Busacca stated that this was the second step and the City had already completed one resiliency plan with the Regional Planning Council, who created a report with Citizen input that was presented to Council. It was required by Florida Law that the City had a resiliency plan and it was available on the City of Titusville’s website under the Community Development Department. 

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Trenton Mansfield discussed the Countywide JAG Grant for Prisoner Transport. Mr. Mansfield asked why the Cities in Brevard County were putting forth money that was coming from the Federal Government. Mr. Mansfield stated that at the Community Work Release Center owned by the Jail, there were two or three busses that were not used very often, so he asked why did the Jail need an additional bus for transportation. 

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Stan Johnston discussed the Countywide JAG Grant for Prisoner Transport and asked if another vehicle was actually needed or if the Brevard County Sheriff’s office was just applying for the grant. Mr. Johnston stated that the Federal Government was wasting money. Mr. Johnston stated that he was not in support of Items 8A, 8D, 8G, and 8H. Mr. Johnston discussed the sewage spill that occurred in December of 2020, etc. 

Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B, C, D, E, F, G, and H in accordance with recommendations. 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                          Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

Ordinance No. 28-2022 - Removal of Wild Date Palms (Phoenix sylvestris) as Canopy Tree – City Attorney Broome read Ordinance No. 28-2022 an Ordinance of the City of Titusville, Florida amending the Code of Ordinances to remove Wild Date palms (Phoenix sylvestris) as a permitted canopy tree by amending Sections 30-393, “Landscape material size requirements (at time of planting)” and Landscaping Technical Manual, Section 5.2 “Trees and shrubs, canopy trees (50’-100’ht)”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. 

The Titusville Environmental Commission considered this ordinance on June 15, 2022 and recommended approval as written. The Planning and Zoning Commission considered this ordinance on July 20, 2022 and recommended approval of the Sylvester Palm Ordinance as presented. Approved 7-0.

At their March 9, 2022 meeting, the TEC recommended the removal of the Wild Date Palm (Phoenix sylvestris) from Table 1, Section 5 of the Landscaping Technical Manual list of approved canopy trees. On May 10, 2022, City Council approved advisability for staff to proceed with the code amendment

Stan Johnston thanked Laurilee Thompson for promoting the removal of Wild Date palms as a permitted canopy tree. 

City Manager Larese advised Council that this was Community Development Director Peggy Busacca’s last agenda item before her retirement. 

Council thanked Community Development Director Peggy Busacca for her service to the City of Titusville. 

Motion: Vice-Mayor Jordan moved to approve Ordinance No. 28-2022 - Removal of Wild Date Palms (Phoenix sylvestris) as Canopy Tree, as recommend by the Titusville Environmental Commission and the Planning and Zoning Commission. Member Stoeckel 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-FIRST READING

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Ordinance No. 29-2022, Establishing Code Enforcement Lien Reduction Process – City Attorney Broome read Ordinance No. 29-2022, an Ordinance of the City of Titusville amending the Code of Ordinances by amending Chapter 31, Article V, "Code Enforcement Board/Special Magistrate", by amending Section 31-71, "Administrative Fines and Liens" by adding a subsection (g) "Reduction and Release of Liens", creating a code enforcement lien reduction process; providing for severability; repeal of conflicting ordinances; incorporation into the code and an effective date. (This was the first reading. The second reading and public hearing was scheduled for the regular City Council meeting on August 23, 2022 at 6:30 p.m.).

The proposed ordinance established a procedure for processing code lien reduction requests including application requirements, factors to be considered by the Special Magistrate in making a recommendation for reduction, and final approval for reduction and release by the City.

Stan Johnston stated that this was an important issue and the City needed to approve this to reduce the cost of the Code Enforcement Liens. 

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OLD BUSINESS – None. 

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NEW BUSINESS 

Solid Waste Rate Review- City Manager Larese advised the request was for staff to present the Solid Waste Rate Review and provide options for the City Council on the proposed rate.

Public Works Director Kevin Cook presented a report to council. The presentation highlighted as follows: 

• Solid Waste FY23 Rate Proposal 
• Purpose
• Observations
• Proposed Budget
• Service Area Breakdown
• Rate Strategies
  1. OPTION A - Budget Development was based on the CPI from April 2021 – April 2022 = 8.26% for all service areas 
  2. OPTION B – Adjust all lines of service for CPI Changes Previous 12 Months:
     • June 2021 – June 2022 = 9.06%
  3. OPTION C – Adjust total budget based on Option B but limit the Residential Increase to 5.87% which corresponds to the CPI for garbage and trash collections.
• Typical Bill (Residential) 
• Residential Rate Comparison 
• Typical 4 CY X 1 Pickup Bill (Commercial) 
• Commercial Rate Comparison
• Summary
• Recommendations

Rate proposal was incorporated in proposed budget at 8.3% based on the CPI from April 2021 to April 2022, which has since increased.

It was recommended that the City Council accept the staff presentation on the Solid Waste Rate

Review and review the options presented on the proposed rate.

Public Works Director Kevin Cook stated that after processing the recycling for the past six months, the City had a positive return of $500 to $600 a month, which was better than losing $10,000 previously. Although Recycling service was a service loss, it was an environmental benefit. The material sales would not even pay for staff’s wages that work for the recycling section. 

Stan Johnston stated that he was previously an employee for the Public Works Department for the City of Titusville. Mr. Johnston stated that the City of Titusville had the best Public Works Department in the County and that Solid Waste was doing a great job.

Motion: Vice-Mayor Jordan moved to approve Solid Waste Rate Review and support option A – for both Single Family and Commercial properties. Member Nelson 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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Right to Clean Water Proposed Charter Amendment – This was discussed after special recognitions and presentations.  

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

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MAYOR AND COUNCIL REPORTS

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

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Mayor Diesel stated that he attended a meeting with Astronaut High School’s feeder schools and every school spoke on the need for volunteers to mentor students. Mayor Diesel stated that he wanted to have a Mayor mentoring program, but because of COVID-19, that idea was shot down. He hoped that this year would be different and people would go back to the schools to mentor the students. 

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Mayor Diesel stated that on August 10, 2022, he was going to Imperial Estates Elementary, Titusville High School and Andrew Jackson Middle School for the first day of school. 

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Council Reports –

Member Robinson stated that he attended a presentation by the Brevard County Sheriff and Brevard County Superintendent at Cocoa Beach High School. 

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Member Nelson stated that she attended a meeting at the Boys and Girls Club on Monday, August 8, 2022, where they informed her that they had 65 kids over the summer and were looking to add more kids next year. 

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Member Nelson stated that she visited Mutter Realty in Downtown Titusville and it was gorgeous.  

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Vice-Mayor Jordan commented on the first day of school, which was on August 10, 2022. He reminded people to drive slowly and be careful. 

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Member Stoeckel stated that the Brevard County Superintendent Dr. Mullins spoke at the League of Cities meeting on August 8, 2022 and it was very nice to see the security aspect at schools with the Brevard County Sheriff’s Office. Member Stoeckel stated that she was attending the League of Cities conference from August 10, 2022 to August 14, 2022 to represent Titusville. 

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

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City Manager Larese advised Council that the budget workshop was on August 16, 2022 at 5:00 p.m. and the first public hearing was on September 14, 2022 at 5:30 p.m. and the final budget hearing was on September 22, 2022 at 5:30 p.m.

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City Attorneys Report – None.

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With no further business to discuss, the meeting adjourned at 8:38 p.m.