Regular City Council - March 28, 2023 at 6:30 PM

CITY OF TITUSVILLE

COUNCIL AGENDA

March 28, 2023

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.

 

The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1. CALL TO ORDER

 

2. INVOCATION - A moment of silence will be held.

 

3. PLEDGE OF ALLEGIANCE

 

4. APPROVAL OF MINUTES

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for March 28, 2023 at 5:30 p.m. to hear all the presentations as outlined on the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on March 28, 2023 that commences at 6:30 p.m.

 

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission and North Brevard Library District Board - Accept the resignation of Titusville Environmental Commission Alternate Member Julie Weaver with a term that will expire on November 30, 2023. The request also includes appointing (reinstalling) Julie Weaver as a regular member to the North Brevard Library District Board for an unexpired term to expire on September 30, 2023.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Amendment of American Rescue Plan Act (ARPA) Subaward agreement between the City and North Brevard Charities Sharing Center, Inc. and redistribution of funds - Approve the amendment of the ARPA agreement with North Brevard Charities Sharing Center, Inc. due to return of unexpended funds, and authorize redistribution of funds in the

amount of $134,195.52

 

B. Brevard County Emergency Medical Services Grant Award and associated Budget Amendment - Approve the award of the Brevard County Emergency Services Grant to provide 100% funding toward the purchase of the AmbuMan Advanced mannequin for a total cost of $8,793.35, to approve the associated budget amendment, and to execute any instruments necessary for the receipt of the grant and the purchase of identified AmbuMan Advanced mannequin.

 

C. Fiscal Year 2022 Annual Report for the City of Titusville Community Redevelopment Agency - Accept the City of Titusville Community Redevelopment Agency (CRA) Fiscal Year 2022 Annual Report.

 

D. Right-of-Way Vacate (ROW) No. 4-2020 – Extension Request - Approve the request to extend the expiration date for Right-of-Way Vacation Application No. 4-2020 Falcon's Roost and approve the related Resolution No. 8-2023.

 

E. FY 2022 Annual Comprehensive Financial Report - Accept the Annual Comprehensive Financial Report for Fiscal Year 2022.

 

F. Use of Bradford County Contract BSCO22-27-1.0 with Duval Ford to procure a FY22 Capital Outlay budgeted Ford F250 pickup truck - Approve the Utilization of Bradford County Sheriff’s Office contract BCSO22-27-1.0 with Duval Ford of Jacksonville, FL., to Purchase Capital Outlay project Z02232 – Ford F250 Super Page 2 of 677 duty 4x4 truck. In addition, approve the following:

 

1. Add BCSO22-27-1.0 contract to the Vendor of Record to be utilized when it offers the best price.

2. Approve the associated budget amendment in the amount of $1,400.00 3. Authorize City staff to issue the purchase order.

 

G. Contract Threshold Increase for Control System Integration Services - Approve a contract threshold increase for our solicited Control System Integration Services Contract #SV22P043 with Rocha Controls of Tampa Florida from $150,000 to anticipated $325,000 per contract year, or not to exceed the support of the existing budgeted funds; and authorize the Mayor to execute the contract threshold change.

 

H. Master Lease Purchase Agreement - Line of Credit for General Fund Capital Vehicles and Equipment - Approve Resolution 10-2023 related to the Master Lease Agreement and approve the Master Lease Purchase Agreement - Line of Credit with JP Morgan Bank.

 

I. Engage the legal services of bond counsel, Rhonda Bond-Collins, Esq., of the Bryant, Miller, Olive Law Firm - Accept and approve the Engagement Letter from bond counsel, Rhonda Bond-Collins, Esq., of the Bryant, Miller, Olive, Law Firm and authorize the Mayor or City Attorney to sign the engagement letter.

 

J. Auto Aid Agreement between Titusville Fire Department and Brevard County Fire Rescue - Authorize the renewal of the auto aid agreement between Titusville Fire Department and Brevard County Fire Rescue and authorize the Mayor to execute the agreement.

 

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.


 

A. Conditional Use Permit (CUP) Application No. 7-2022, 1881 Knox McRae Drive - Conduct the public hearing and review CUP Application No. 7-2022 for a school at 1881 Knox McRae Drive. This is a quasi-judicial item.

 

The Planning and Zoning Commission considered this item on February 8, 2023. The Commission recommended denial of Conditional Use Permit Application No. 7-2022, due to concerns with the location of the playground near Barna Avenue (Vote 5-0). This item was tabled by the City Council at their February 28, 2023, regular meeting.

 

 

B. Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022, Greg Nelson - Conduct the second reading and public hearing of the ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022.

 

Ordinance No. 17-2023 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 a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1, from Conservation future land use designation to the Commercial High Intensity future land use designation; and 


Ordinance No. 18-2023 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 Open Space and Recreation (OR) zoning district to the Regional Commercial (RC) zoning district on a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1.

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map amendment from the Conservation Land Use to the Commercial High Intensity Land Use category on the portion of the overall property as illustrated and described in the land use ordinance and as consistent with the Comprehensive Plan and more specifically with Conservation Element Strategy 1.6.3.2. (Approved 7-0) and recommended approval on the rezoning from Open Space and Recreation (OR) to the Regional Commercial (RC) zoning district on the portion of the overall property as described in the rezoning ordinance and as consistent with the Commercial High Intensity Future Land Use category of the Comprehensive Plan and rezoning criteria described in 34-40 of the Land Development Regulations. (Approved 7-0).

 

 

C. Small Scale Comprehensive Plan Amendment (SSA) No. 6-2022, Palmetto Complex

Conduct the final reading and public hearing of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 6-2022.

 

Ordinance No. 19-2023 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 0.54+/- acres of property located on Palmetto Street, having Brevard County Parcel I.D. No. 22-35-04-00-53 and 22-35-04-00-50, from Low Density Residential future land use designation to Medium Density Residential future land use designation; and

 

Ordinance No. 20-2023 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 Single-Family Medium Density (r-1B) zoning district to the Multifamily Medium Density Residential (R-2) zoning district on approximately 0.54+/- acres of property located on Palmetto Street, having Brevard County Parcel I.D. No. 22-35-04-00-53 and 22-35-04-

00-50.

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map small scale map amendment from the Low-Density Residential Future Land Use category to the Medium Density Residential Future Land Use category on the 0.78-acre property as described in the future land use ordinance. (Approved 7-0) and recommended approval on the rezoning from Single Family Medium Density (R-1B) zoning district to the Multi-Family Medium Density (R-2) zoning district on the 0.78-acre property as described in the rezoning ordinance. (Approved 7-0).

 

 

10. ORDINANCES-FIRST READING

 

A. Elected Officials Compensation Proposed Adjustments - Conduct First Reading of Ordinance No. 21-2023 amending Section 2-28 of the Code of Ordinances by increasing the salary of councilmembers and mayor.

 

 

11. OLD BUSINESS

 

 

12. NEW BUSINESS

 

A. Mayor and City Council Office Advisability - Consider directing staff to pursue an office for the Mayor and City Council at the Chamber of Commerce building and including the cost in the FY24 proposed budget.

 

B. Resolution No. 9-2023 accepting Clean Water State Revolving Fund Loan WW050340 Amendment 1 - Adopt Resolution No. 9-2023 accepting Clean Water State Revolving Fund Loan WW050340 Amendment 1 raising loan amount from $4,889,000 to $9,528,453 for the construction of the Indian River Force Main Improvement Project. Additionally, authorize the City Manager to execute the amendment.

 

 

13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA

ITEMS)

 

 

14. MAYOR AND COUNCIL REPORTS

 

A. Mayor's Report - The Mayor's Report is included in the agenda packet.

 

B. Council Reports - City Council Members will provide their individual reports.

 

 

15. CITY MANAGER’S REPORT

 

A. City Manager's Report - The City Manager's Report is included in the agenda packet.

 

 

16. CITY ATTORNEY’S REPORT

 

A. Acquistion of SunValley lots by bid at the tax deed sale - City Attorney will provide an update on the acquisition of SunValley lots by bid at the tax deed sale. No action is requested.

 

B. Settlement of Pending Claim - Approve settlement of claim in Edwards v. City of Titusville and authorize defense counsel, City Manager or designee to execute the necessary settlement documents.