Regular City Council - February 14, 2023

City Council

Regular Meeting

February 14, 2023

The City of Titusville City Council met in regular session on Tuesday, February 14, 2023, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796.

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Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Joe C. Robinson. and City Council Members Herman Cole, Jr. Col USAF Retired, Jo Lynn Nelson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes. 

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

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APPROVAL OF MINUTES –

Motion: Member Nelson moved to approve the minutes of the regular City Council meetings on December 13, 2022 and January 24, 2023 (5:30 p.m.) and special City Council meeting on January 12, 2023, as submitted. Member Cole seconded the motion.

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS –

Proclamation – Day of Racial Healing - City Manager Larese advised that the Mayor would present the proclamation proclaiming January 17, 2023 as the Day of Racial Healing. The Proclamation would be presented to Mr. Bill Gary, Chairman, of the Harry T. and Harriett V. Moore Cultural Complex Board of Directors.

City Manager Larese read the official proclamation and Mayor Diesel presented the proclamation to Mr. Gary.

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Mayor Diesel stated that Member Stoeckel was one of the winners of LEAD Brevard 4 under 40. Council congratulated member Stoeckel.

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BOARDS AND COMMISSIONS –

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 – City Manager Larese advised that the request was to appoint one (1) regular member with an unexpired term to expire on January 31, 2024, and appoint two (2) alternate members, one (1) with an unexpired term to expire on January 31, 2024, and one (1) with a term to expire on January 31, 2025.

At their January 24, 2023, meeting, City Council reappointed two of the regular members and tabled the remaining appointments to this meeting. The term of one Alternate Member Christopher Childs expired on January 31, 2023 and he was not reappointed at the regular City Council meeting on January 24, 2023. The consideration of this appointment was tabled to this meeting. Christopher Childs has expressed his desire to be appointed as a regular member. If not appointed as a regular

member, Mr. Childs has requested to continue to serve as an alternate member with an unexpired term to expire on January 31, 2025.

There are three additional applications on file for consideration. Mr. Stan Johnston and Mr. John Rogers have expressed their willingness and desire to serve on this board as a regular or alternate member. Mr. Theodore Garrod has expressed his willingness and desire to serve as a regular member.

Christopher Childs discussed a comment that he made on Facebook regarding City Council. Mr. Childs stated that he has learned a lot serving on the Planning and Zoning Commission and he wished to continue serving on this commission.

Member Nelson stated that Christopher Childs has missed more meetings than the other members. Member Nelson asked if Mr. Childs would consider being appointed as an alternate member to allow someone with more time to be appointed as a regular member.

Christopher Childs stated that he would serve on the Planning and Zoning Commission however Council needed, but if he was appointed as a regular member, he would make it a priority to attend meetings.

John Rogers stated that he was an English teacher at Titusville High School and discussed his families architectural background. Mr. Rogers stated that he was interested in serving as an alternate or regular member on the Planning and Zoning Commission.

Member Nelson stated that she spoke to Jane Speidel (Chairman of the Planning and Zoning Commission) and she was unable to attend the City Council meeting to speak on Mr. Roger’s behalf. Member Nelson asked Mr. Rogers if he would be able to attend the meetings regularly. Mr. Rogers stated that he would make the meetings a priority.  

Stan Johnston stated that he was a professional engineer and previously worked for the City of Titusville as a surveyor. Mr. Johnston discussed an email that he sent to Council regarding a right-of-way and a survey of SNJ Oaks.

Vice-Mayor Robinson stated that he was in support of appointing Christopher Childs as a regular member.

Member Nelson stated that Christopher Childs missed six meetings and she would rather appoint Christopher Childs as an alternate member. 

Member Stoeckel asked if the alternate members were able to leave if there was a quorum at the meeting and she felt it was a lot to ask an alternate to stay the whole meeting. Member Stoeckel stated that if Christopher Childs was a regular member, he may have attended more meetings.  

Mayor Diesel reviewed Theodore Garrod’s application and stated that Mr. Garrod was a retired planner and previously served on boards and commissions in other Cities, but he was unable to attend the meeting.

Motion: Vice-Mayor Robinson moved to appoint Christopher Childs as a regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2024. There was no second to the motion.

Member Stoeckel stated that Theodore Garrod would be a good choice for the Planning and Zoning Commission based off his experience. 

Vice-Mayor Robinson expressed his concern that Theodore Garrod would not consider starting from the bottom as an alternate member and working his way up to a regular member. 

Mayor Diesel stated that based off Theodore Garrod’s experience, he should be appointed as a regular member. 

Member Cole stated that he previously served on the Planning and Zoning Commission and he felt that Theodore Garrod’s expertise would be beneficial to the Planning and Zoning Commission. 

Motion: Member Nelson moved to appoint Theodore Garrod as a regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2024 and appoint Christopher Childs as an alternate member to the Planning and Zoning Commission with a term to expire January 31, 2025 and appoint John Rogers as an alternate member to the Planning and Zoning Commission with an unexpired term to expire January 31, 2024. Member Cole seconded the motion. The role call vote was: 

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            No

Member Stoeckel                    Yes

The motion carried 4,1.

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Titusville Environmental Commission – City Manager Larese advised that the request was to appoint one (1) alternate member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2023.

There were three applications on file for consideration. Mr. Stan Johnston (resident), Mr. Spencer Molitor (non-resident) and Ms. Julie Weaver (resident). They all expressed their willingness and desire to serve on the Titusville Environmental Commission as an alternate member with an unexpired term to expire on November 30, 2023.

Julie Weaver reviewed her experience on the North Brevard Library District Board and stated that she has worked in health care most of her life and was interested in serving the City. 

Spencer Molitor stated that he was a Facility Manager for Space Perspective. Mr. Molitor stated that he was managing and researching environmental restrictions and regulations to ensure compliance at the local, federal, state and county level. 

Stan Johnston stated that he has lived in Titusville for 50 years and previously worked for the City of Titusville. Mr. Johnston discussed environmental issues in Titusville, etc. 

Toni Shifalo commented on the appointment to the Titusville Environmental Commission. 

Motion: Vice-Mayor Robinson moved to appoint Julie Weaver as an alternate member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2023. Member Nelson seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

The motion carried unanimously.

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Accessory Dwelling Units Advisability - Planning and Zoning Commission's Recommendation - City Manager Larese advised that the request was to consider the Planning and Zoning Commission's recommendation to Council to review the City's Accessory Dwelling Unit ordinance for possible changes. The Commission specifically recommended considering changes to the minimum and maximum size of a dwelling unit, setback requirements, parking, and standards specific to the Indian River City Neighborhood (IRCN) zoning district.

On January 18, 2023, the Planning and Zoning Commission discussed Accessory Dwelling Units (ADUs) as an affordable housing option. The Commission wanted to understand why the ordinance was not utilized more often and if there were any standards that could be made to be more flexible.

Stan Johnston stated that this was a difficult situation and he was not sure how to solve it. 

Motion: Vice-Mayor Robinson moved to send Accessory Dwelling Units Advisability - Planning and Zoning Commission's Recommendation back to the Planning and Zoning Commission for further inquiry and investigation over the next six months, looking at the possible effects on the neighborhood, acceptance of the neighborhood, and the commonality of implementation in all neighborhoods. Member Cole seconded the motion. 

The motion carried unanimously.

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

Bill Klein requested that the City of Titusville test and calculate the nutrient and fecal quantities that were in storm water runoff leading to the Indian River Lagoon on an annual basis. Mr. Klein stated that City should test the water quality in the Sand Point Park retention pond and the other ponds that drain into the Indian River Lagoon. 

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Ms. Thomas asked council to remove the term economic blight from City documents because she believed the word was derogatory. 

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Trent Mansfield commented on the transparency of local government and streaming all City Council meetings including workshops and all board and commission meetings. He expressed concern of why some meetings were streamed and some were not. Council supported staff providing feedback, costs, etc. during the FY 24 budget build.  

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Marlys Breckle asked for the Titusville Environmental Commission meetings to be streamed on You-Tube.

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Kay St. Onge stated that she agreed with Ms. Breckle and that she was in support of the Titusville Environmental Commission meetings being streamed on Youtube. 

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Jimmy McDonald and partner expressed concern regarding a single-family home they built on Dixie Avenue and the requirement to install a sidewalk or donate monies to the sidewalk trust fund, if the requirement was waived.  Both individuals commented on three other homes built on this road that did not require a sidewalk or waiver. Council supported staff researching their concern.

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Stan Johnston discussed a petition for Crosley Green. Mr. Johnston stated that Crosley Green was an innocent man who was unfairly and unjustly convicted of murder and has served 32 years in prison. 

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CONSENT AGENDA

City Clerk Wanda Wells advised that there were two cards submitted from one individual.

City Manager Larese read Consent Agenda items A and B, as followed:

Stan Johnston stated that he was not in support of Consent Agenda Item 8A. Mr. Johnston discussed the sewage spill that occurred in December 2020, etc. 

Motion: Member Nelson moved to approve Consent Agenda items A and B in accordance with recommendations. Member Cole seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

                             Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

Ordinance No. 7-2023 - Specific Revisions to the Police Officers' Pension Plan and established "Share Plan" to provide special benefits to Police Officers – City Attorney Broome read Ordinance No. 7-2023 - 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 5, Section 15-237, Supplemental Benefit Component for Special Benefits; Chapters 175 and 185 Share Accounts, to provide for a share plan for police officers; Repealing all ordinances in conflict herewith; providing for severability of provisions and providing an effective date the second time by title only. 

This ordinance established a supplemental benefit component referred to as the Share Plan providing for a special benefit for Police Officers to be funded solely by F.S. 185 Premium Tax Monies. The components of the Share Plan referred to in this ordinance were negotiated and mutually agreed to by the City and the FOP in accordance with F.S. 185.35 and Articles 36 of the Police Officers, Corporal, Sergeant, and Dispatcher Agreement and Lieutenants Bargaining Agreement.

The public hearing was open.

Stan Johnston stated that the Titusville Police Department saved his sons life in the past and thanked the Titusville Police Department for their work. 

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

Motion: Vice-Mayor Robinson moved to approve Ordinance No. 7-2023 - 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 5, Section 15-237, Supplemental Benefit Component for Special Benefits; Chapters 175 and 185 Share Accounts, as recommended. Member Nelson seconded the motion. The roll call vote was:

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously.

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ORDINANCES-FIRST READING 

Ordinance No. 8-2023 - Establishing rules for the use of certain City facilities and a process for the issuance and appeal of trespass warnings for violations occurring on public property - City Attorney Broome read Ordinance No. 8-2023 - An Ordinance of the City of Titusville, Florida, amending the Code of Ordinances by amending Chapter 13, nuisances, by enacting a new Article VI entitled “trespass procedure for public property” and enacting sections 13-120 through 13-123 providing for the regulation and management of public access to city-owned, controlled, and leased property based upon its intended use; establishing rules for use of City facilities; establishing a process for the issuance and appeal of trespass warnings; providing for incorporation into the code; providing for repeal of conflicting ordinances; providing for severability and an effective date the first time by title only. 

The public hearing was scheduled for the regular City Council meeting on February 28, 2023 at 6:30 p.m.

Member Nelson stated that she was in support of this item and it was similar to the state’s statue for trespass.

Stan Johnston discussed a trespass warning that was given to him at Harbor Pointe Condos. Mr. Johnston discussed emails that he sent to the City Manager.

Toni Shifalo stated that Ordinance No. 8 -2023 concerned her because of the amount of power it gave to the City Manager. Ms. Shifalo discussed section 13-123 facility rules (i) – Laying down or sleeping in chairs, benches, or otherwise. She was not in support of this section.

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Small Scale Comprehensive Plan Amendment (SSA) No.8-2022, 1881 Knox McRae Drive – City Attorney Broome read Ordinance No. 9-2023 amending the code of ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the future land use map, by changing the land use designation on approximately 3.79+/- acres of property located on Knox McRae Drive, having Brevard County Parcel I.D. Nos. 22-35-

21-00-258, 22-35-21-00-258.1, and 22-35-21-00-258.3 from the Commercial High Intensity future land use designation to the High Density Residential future land use designation; and

Ordinance No. 9-2023 amending the code of ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the future land use map, by changing the land use designation on approximately 3.79+/- acres of property located on Knox McRae Drive, having Brevard County Parcel I.D. Nos. 22-35-21-00-258, 22-35-21-00-258.1, and 22-35-21-00-258.3 from the Commercial High Intensity future land use designation to the High Density Residential future land use designation; and

Ordinance No. 10-2023 amending Ordinance No. 5-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Community Commercial (CC) zoning district to the Multifamily High Density Residential (R-3) zoning district on approximately 3.79+/- acres of property located on Knox McRae Drive, Titusville with Brevard County Parcel I.D. Nos. 22-35-21-00-258, 22-35-21-00-258.1, and 22-35-21-00-258.3 the first time by title only.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item. This was the first reading. The second reading and public hearing was scheduled to be heard by the City Council on February 28, 2023 beginning at 6:30 PM.

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended denial due to a lack of information. Specifically, the Commission requested information on the division of the property between the existing and new land uses and zoning, the parking situation, conditions related to the present use, and sewer capacity. The vote was 4-1.

Member Nelson asked if the ditch on the property was a functioning ditch or if it led to anything. Community Development Director Brad Parrish stated that he did not know where the canal flowed. 

Vice-Mayor Robinson asked if Council was considering the change from commercial to residential.  Community Development Director Brad Parrish stated that there were two requests, one to change the land use amending the City’s comprehensive plan and then to rezone the property the City’s zoning map.

Member Stoeckel asked if the applicant was present to answer questions, but they were not. 

Stan Johnston asked the City to review the property ditch and see if it was included in the stormwater management plan. Mr. Johnston discussed the stormwater master plan of greater Titusville. 

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Small Scale Comprehensive Plan Amendment (SSA) No. 9-2022 - Wealth Hospitality – City Attorney Broome read Ordinance No. 11-2023 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the future land use map, by changing the land use designation on approximately 3+/- acres of property located on Helen Hauser Blvd, having Brevard County parcel i.d. no. 22-35-30-av-*-90.01, from Commercial High Intensity and Conservation Future Land Use designation to Commercial High Intensity future land use designation; and

Ordinance No. 12-2023 amending Ordinance No. 27-1997 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the General Use, (GU) zoning district to the Tourist (T) zoning district on approximately 3+/- acres of property located on Helen Hauser Blvd, Titusville, Florida (Brevard County parcel i.d. no. 22-35- 30-av-*-90.01 the first time by title only.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item. This was the first reading. The second reading and public hearing was scheduled to be heard by the City Council on February 28, 2023 beginning at 6:30 PM.

The Planning and Zoning Commission, acting as the Local Planning Agency, will consider this request on February 22, 2023.

Member Stoeckel asked what criteria was used to change from Commercial High Intensity and Conservation Future Land Use designation to Commercial High Intensity future land use designation. Community Development Director Brad Parrish stated that the criteria were in the staff report and staff identified several comprehensible plan goals, objectives, and policies that were relevant to this application. 

Vice-Mayor Robinson requested that any conservation concerns about this item be specifically addressed by staff.

Stan Johnston submitted a card on this item, but chose not to speak.

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Small Scale Comprehensive Plan Amendment (SSA) No. 10-2022, Titusville Chance Partners/Columbia Boulevard – City Attorney Broome read Ordinance No. 13-2023 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the future land use designation for approximately 33 acres of land located at the southwest corner of the intersection of Columbia Boulevard and Challenger Memorial Parkway with parcel id number 22-35-33-00-506, from the Commercial High Intensity future land use designation to the High Density Residential future land use designation; and

Ordinance No. 14-2023 amending Ordinance No. 5-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the zoning classification of approximately 33 acres of land located at the southwest corner of the intersection of Columbia Boulevard and Challenger Memorial Parkway with parcel id number 22-35-33-00-506, from the Regional Commercial Zoning district to the Planned Development zoning district the first time by title only.

The land use amendment was a legislative item and the rezoning was a quasi-judicial item. This was the first reading. The second reading and public hearing was scheduled to be heard by the City Council on February 28, 2023 beginning at 6:30 PM.

The Planning and Zoning Commission (P&Z), acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended approval of SSA No. 10-2022 Chance Partners small scale land use amendment approved 5-0 and approve the planned development (PD) rezoning ordinance with master plan and conditions 5-0. Included with the motion to approve the rezoning were two additional conditions recommended by the P&Z. There should be no burning of vegetation as part of site construction AND buildings shall be no taller than 35-feet within 75-feet of the property line.

Kim Rezanka representing Chance Partners, the property owner, stated that the entire development team attended the meeting to answer questions. 

Member Stoeckel asked if the applicant had plans to do anything with the commercial portion of the property. Ms. Rezanka said they had no plans at this time. 

Kay St. Onge stated that the applicant proposed 497 residential units, but the project was limited to a maximum of 488 units for this high-density residential use and per staff, this project could increase the City’s population by 2.2% or 1100 new residents. Ms. St. Onge stated that the increase in residents was a concern for her for many different reasons. 

Stan Johnston submitted a card on this item, but chose not to speak.

Member Nelson asked if there would be electric car charging stations. Judd Bobilin with Chance Partners stated that they would provide 8-10 charging stations, per building. 

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OLD BUSINESS – 

Completion of FY23 Employee Pay Plan Adjustments and Advisability to Conduct Legislative Body Compensation and Benefits Review – City Manager Larese advised that the request was to approve completion of FY 23 employee pay plan adjustments and advisability to conduct a legislative body compensation and benefits review.

On April 26, 2022, Council awarded a contract to Evergreen Solutions, LLC to conduct a comprehensive Employee Pay and Compensation study. This study was completed in July of 2022 and the first half of the recommended adjustments were included in the FY23 budget approved in September 2022 and implemented in the first pay period of FY23. During the FY23 budget build, staff informed Council that the second half of the pay plan would be implemented upon confirmation of existing funds in the City's budget and ratification of FY 23 wages by the City's labor unions.

Sufficient funds have subsequently been identified within the City's existing appropriated funding levels and the City has reached agreement on all collective bargaining contracts for FY23.

The by fund costs for the second half of the pay plan effective February 13, 2023 are: 

• General Fund: $ 700,000
• Enterprise Funds: $ 140,000

Upon Council approval, staff would adjust employee current pay rates in accordance with the recommended pay levels and ratify union agreements, in effect. Additionally, legislative body compensation levels have not been reviewed/adjusted beyond periodic cost of living adjustments, since 1994. Upon approval of the advisability, these levels would be reviewed and recommendations would be brought before Council for consideration.

Mayor Diesel expressed his support for the pay plan adjustment and said it was very organized and well thought out.

Vice-Mayor Robinson expressed concern for the future and what would happen after the safer grant ended in three years. City Manager Larese stated that the City was planning for that already. 

Stan Johnston discussed a sustainability report from the Planning Department, etc. 

Motion: Vice-Mayor Robinson moved to approve the Completion of FY23 Employee Pay Plan Adjustments, as recommended. Member Stoeckel seconded the motion. The roll call vote was:

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously.

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Motion: Vice-Mayor Robinson moved to approve advisability to Conduct Legislative Body Compensation and Benefits Review, as recommended. Member Stoeckel seconded the motion. The roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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Mayor Diesel called for a recess from 9:25 p.m. to 9:30 p.m. 

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Outdoor Storage in the DMU Zoning District – City Manager Larese advised that the request was to consider the alternatives and information provided by staff regarding outdoor storage in the Downtown Mixed Use (DMU) zoning district and provide direction.

At the January 24, 2023 regular meeting, City Council directed staff to provide a map of industrial properties in the Downtown Mixed Use (DMU) Midtown Subdistrict at the next regular City Council meeting. Staff provided two maps for Council's consideration. The first map illustrated the use categories in the overall Downtown Mixed Use (DMU) zoning district based on the Brevard County Property Appraiser's assessment codes. The second map identified the specific Property Appraiser assessment code for each parcel in the Midtown subdistrict of the DMU zoning district. 

Member Nelson stated that there were multiple properties between Hopkins Avenue and Washington Avenue that met the requirement of 300 feet from residents, which would allow them to become outdoor storage and that was not something she did not support. 

Community Development Director Brad Parrish reviewed the conditions for outdoor storage. Outdoor storage was only allowed in the midtown subdistrict of the downtown zoning district. 

Member Stoeckel stated that she was not in support of spot zoning.

Community Development Director Brad Parrish stated that the property required a Conditional Use Permit that allowed for outdoor storage. The property did not meet the condition that required it to be located 300 feet away from any residentially zoned district. Community Development Director Brad Parrish reviewed the pros and cons of reducing the minimum distance from residential zoning from 300 feet to 100 feet and also the possibility of reducing it for only automobile related uses outdoor storage. 

Rodney Honeycutt, representing RV Direct, stated that the only outdoor storage they requested was for vehicles. Mr. Honeycutt stated that the west side of Hopkins Avenue was generally sales and service of vehicles. Mr. Honeycutt asked council if they would allow or advise staff to make an ordinance change that would reduce the minimum distance from residential zoning from 300-feet to 100-feet for vehicle storage only. 

Stan Johnston stated that he was in support of this item, because it would only be the storage of vehicles and not spot zoning.

Motion: Vice-Mayor Robinson moved to make no changes to the current code. Member Stoeckel seconded the motion. The roll call vote was:

Member Nelson                      Yes

Mayor Diesel                          No

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes      

Member Cole                          No

The motion passed 3, 2.

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NEW BUSINESS –            

Sisson Road Townhomes - Sketch Plat – City Manager Larese advised that the request was to approve the sketch plat for Sisson Road Townhomes. This was a quasi-judicial item.

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended approval 5-0. The Commission did express concerns about the need to widen Sisson Road in the future.

Sisson Road Townhomes was a proposed 91 townhome lot subdivision on approximately 15.2 acres located north of Timber Trace Apartments along Sisson Road.

On April 26, 2022, the City Council approved a Small Scale Amendment (SSA) with rezoning to utilize one zoning development standard for the 91 unit townhome project. The approval changed the western portion of the 15 acre property from Medium Density Residential future land use to High Density Residential and rezone the same portion of the property from the Multi-Family Medium Density Residential (R-2) zoning to Multi-Family High Density Residential (R-3).

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

Community Development Director Brad Parrish stated that the Sketch Plat was consistent with the City’s comprehensive plan, Land Development Regulations and sketch plat requirements described in Chapter 34, Article III, Division 5, Subdivision 1 of the Code.

Jamie Poulos from Poulos & Bennet stated he was representing the applicant and was available to answer any questions. 

Stan Johnston stated that he previously worked on projects on Sisson Road and recommended that the City widened the road. Mr. Johnston stated that Sisson Road was a county road and the City needed approval from Brevard County. 

Motion: Vice-Mayor Nelson moved to approve the Sisson Road Townhomes - Sketch Plat, as recommended with corrections made by staff.  Corrections made by staff included the following:  (1) On the cover sheet under notes, it stated a 15-foot setback was proposed for the units along the southern property line and the word proposed should be removed; (2) On note 2, it stated a minimum 20-foot building setback separation was proposed and the word proposed should be removed; (3) On note 3, it says one car driveway widths was proposed at eight feet and the word proposed should be removed; (4) On note 4, it stated two car driveway widths was proposed at 16 feet and the word proposed should be removed; (5) On note 5, it stated residents with utilize roll carts and it should state residents will utilize roll carts; and (6) In other site data, it stated that the minimum lot size would be 2,000 square feet and that was not specifically required. Member Cole seconded the motion. The roll call vote was:

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

The motion carried unanimously.

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Falcon's Roost - Sketch Plat – City Manager Larese advised that the request was to approve the sketch plat for Falcon's Roost. 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended approval, 5-0.

Falcon's Roost was a proposed 28-lot single family home subdivision on approximately 53 acres located north of Knox McRae Drive. The submittal requirements for a sketch plat are listed in Section 11 of the Development Review Procedures Technical Manual. 

Community Development Director Brad Parrish stated that the Sketch Plat was consistent with the City’s Comprehensive Plan, Land Development Regulations and sketch plat requirements described in Chapter 34, Article III, Division 5, Subdivision 1 of the Code.

Stan Johnston stated that he was concerned about the storm water management plan with this project. Mr. Johnston stated that he was concerned with the flood zones.

Motion: Vice-Mayor Robinson moved to approve the Final Plat and Acceptance of Second Supplement to Covenants and Performance Bonds for Verona, Village B sketch plat for Falcon’s Roost, as recommended (Correction made by Member Nelson at the April 25, 2023, 6:30 p.m. meeting). Member Stoeckel seconded the motion. The roll call vote was:

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

The motion carried unanimously.

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Approval of Final Plat and Acceptance of Second Supplement to Covenants and Performance Bonds for Verona, Village B – City Manager Larese advised that the request was to approve the Final Plat and second supplement to covenants for Verona, Village B, and accept performance bonds for completion of required infrastructure and sidewalks. (This agenda item was quasi-judicial.)

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on February 8, 2023 and recommended approval, 5-0.

Verona, Village B was a proposed 173 lot single-family subdivision on approximately 117.06 acres located west of Willow Creek Boulevard and north of Verona, Phase I subdivision. The overall Verona development (formerly known as Willow Creek) consists of 675+/- acres. In 2016 the remaining portion of the development (excluding Phase 1) was rezoned to the Planned Unit Development Zooning (PUDZ) to allow for an additional 1,277 residential units and 172 acres of commercial and light industrial use.

Community Development Director Brad Parrish stated that the final plat was consistent with the preliminary plat as required by Section 34-171, Definition. Staff has reviewed the final plat for consistency with the approved master plan, comprehensive plan, land development regulations and recommended approval. Staff has also reviewed the covenants and performance bonds and recommended acceptance.

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Motion: Member Nelson moved to extend the meeting to 11:00 p.m. Vice-Mayor Robinson seconded the motion.

The motion carried unanimously. 

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Genevieve LaBuda stated that she was with Poulos & Bennet and represented the applicant and she was available for any questions.

Stan Johnston stated that he was concerned with the draining for the project. Mr. Johnston discussed S&J Oaks, etc. 

Motion: Vice-Mayor Robinson moved to approve the Final Plat and Acceptance of Second Supplement to Covenants and Performance Bonds for Verona, Village B, as recommended. Member Cole seconded the motion. The roll call vote was:

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

The motion carried unanimously.

Discussion of the Rules for Public Participation at Council Meetings – City Manager Larese advised that the request was to provide direction to modify Code Sec. 2-26, Rules of City Council.

On January 24, 2023, City Council received a presentation from Attorney Nikki Day regarding "Public Participation in City Council Meetings". This presentation provided an analysis of the state and federal laws applicable to public comment at Council meetings and a comparison of speaking times adopted by cities with populations comparable to the City of Titusville.

 Staff was seeking Council's review of the current rules of procedure applicable to public participation at City Council meetings and provide direction for the preparation of any proposed amendments to these rules for Council's consideration.

Member Stoeckel stated that she was in support of changing the speaking time for consent agenda to three minutes. 

Vice-Mayor Robinson stated that he was in support of the speaking time for consent agenda being changed to three minutes, and if Mayor Diesel felt it was necessary to give a speaker an extension he was able to do that.

Mayor Diesel stated that at a Mayor’s lunch, he spoke with Mayors of other Cities that did not give any time for speaking on consent agenda and the citizens could discuss the consent agenda under petitions and request.

Stan Johnston stated that Citizens could email or call council members to discuss items, but no one returned his calls or text. 

Toni Shifalo stated that three minutes to speak on the consent agenda was fairly accurate, but she was not in support of council making any changes. Ms. Shifalo stated that Titusville City Council was one of the most accessible and responsive councils that she has worked with it. 

Motion: Member Nelson moved to direct staff to prepare an ordinance changing the time limit for consent agenda to three minutes and allow staff to review the Code for any other areas that may need to be revised due to efficiency issues. Member Stoeckel seconded the motion. The roll call vote was:

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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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 the Young Leaders Awards to support Member Stoeckel and after that, he attended the Night of Lights events. 

Mayor Diesel stated that he attended Astronaut Memorial and met the Israeli Consulate from Miami who were there to honor the Israeli Astronaut Elon Ramon.

Mayor Diesel stated that he attended the Police Promotion Ceremony and would be attending the banquet. 

Mayor Diesel stated that he attended the Indian River Lagoon Coalition presentation and the Arbor Day event.

Mayor Diesel attended the Martin Luther King celebration at Campbell Park and Martin Luther Kind service as St. James Episcopal Church. 

Council Reports –

Member Stoeckel discussed the 405 widening and stated that Council needed to put pressure on the State’s leaders.

Member Stoeckel stated that there was a bill filed that would make local elections partisan, if passed. 

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Vice-Mayor Robinson stated that he attended the Police Promotion Ceremony and the FDOT project meeting.

Vice-Mayor Robinson stated that he attended the Space Coast Transportation Organization meeting and the Space Coast League of Cities meeting. 

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Member Nelson stated that she attended the Prevent Brevard event and discussed drug prevention. 

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Member Cole stated that he was at the Cocoa Library for Racial Healing event.

Member Cole stated that he was going to Des Moines, Idaho to speak at a junior college for black history month. 

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

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City Manager Larese

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City Attorneys Report – 

Amnesty Request for Code Enforcement Lien at 2910 St. Mark's Drive – City Attorney Broome advised that the request was to approve preparation and recording of a Satisfaction of Lien.

The property located at 2910 St. Mark’s Drive was subject to a code enforcement lien recorded on April 4, 2017, at Official Records Book 7857, page 1449. The property was brought into compliance on September 21, 2017; however, the lien accrued a balance of $22,446.97.

The City’s Code Enforcement Lien Amnesty Program began on April 28, 2021. In June 2021, the property owner applied and was eligible to resolve code enforcement case # 2016-82 with the payment of $1,546.97 by August 9, 2021, or within 60 days after initial program eligibility. The property owner paid $1,000.00 toward the City’s Amnesty Program lien payoff balance on June 16, 2021. On September 14, 2021, City Council amended the Amnesty Program (Resolution #31-2021), only to extend the time period for repayment to 120 days from the date of approval, extending the deadline for this matter to October 7, 2021 for the collection of the remaining balance of $546.97.

The City received payment from a title company to satisfy the balance due in the Amnesty Program, in the amount of $546.97 on December 1, 2021. Since this amount did not strictly comply with the terms of the Resolution by submitting the final payment after the deadline, my office seeks approval to record a Satisfaction of Lien.

Stan Johnston stated that when the check was cashed, it should have been accepted. 

Motion: Member Nelson moved to approve the Amnesty Request for Code Enforcement Lien at 2910 St. Mark's Drive, as recommended. Member Cole seconded the motion.

The motion carried unanimously. 

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With no further business to discuss, the meeting adjourned at 11:06 p.m.