Regular City Council - September 12, 2023

City Council

Regular Meeting

September 12, 2023

 

The City of Titusville City Council met in regular session on Tuesday, September 12, 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. City Attorney Richard Broome read the rules of decorum. 

 

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APPROVAL OF MINUTES –

 

Motion: Member Nelson moved to approve the minutes of the regular City Council meeting (Presentation Meeting) on August 22, 2023 (5:30 p.m.) and special City Council meeting (Budget Workshop for Fiscal Year 2024) on August 17, 2023 (5:00 p.m.). Member Cole seconded the motion. The motion carried unanimously.

 

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City Manager Larese stated that the applicant requested tabling Item 9A - Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan to the Regular City Council meeting on October 10, 2023.

 

 

Motion: Member Nelson moved to table Item 9A - Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan to the Regular City Council meeting on October 10, 2023, as requested. Vice-Mayor Robinson seconded the motion.

 

Discussion: Member Stoeckel stated that she would not be at the Regular City Council meeting on October 10, 2023.

 

The motion carried unanimously.

 

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City Manager Larese stated that Item 11A - Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding Under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter of Gregory J. Nelson, re: Small Scale Amendment (SSA) No. 5-2022, Petitioner, v. City of Titusville, Florida, Respondent was moved to the Regular City Council meeting on September 26, 2023 at 6:30 p.m.

 

City Attorney Broome stated that the settlement agreement was going to be considered at the regular City Council meeting on September 12, 2023, but due to miscommunication some of the letters and exhibits were not attached to the order; therefore, it was moved to the Regular City Council meeting on September 26, 2023 at 6:30 p.m.

 

Motion: Member Nelson moved to hear Item 11A - Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding Under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter of Gregory J. Nelson, re: Small Scale Amendment (SSA) No. 5-2022, Petitioner, v. City of Titusville, Florida, Respondent at the Regular City Council meeting on September 26, 2023 at 6:30 p.m., as requested. Member Stoeckel seconded the motion. The motion carried unanimously.

 

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SPECIAL RECOGNITIONS & PRESENTATIONS –

 

Proclamation – National Suicide Prevention Month - The Mayor presented a proclamation proclaiming September of 2023 as National Suicide Prevention Month. No action was requested

 

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Proclamation – Constitution Week - The Mayor presented a proclamation to Indian River Chapter of the Daughters of the American Revolution proclaiming September 17-23, 2023 as Constitution Week. No action was requested.

 

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BOARDS AND COMMISSIONS –

 

2023/2024 Student Advisory Council Membership Appointments – City Manager Larese advised that the request was to confirm Ms. Sydney Lelle (Astronaut High School), Mr. Simon Williams (Titusville High School), and Pauline Hopping (Academic Community Enrichment, Inc.) as members of the 2023/2024 Student Advisory Council, as nominated by their schools.

 

Stan Johnston distributed a handout and stated that he was not opposed to the appointments, but was opposed to the meeting. 

 

Motion: Member Nelson moved to confirm Ms. Sydney Lelle (Astronaut High School), Mr. Simon Williams (Titusville High School), and Pauline Hopping (Academic Community Enrichment, Inc.) as members of the 2023/2024 Student Advisory Council, as nominated by their schools. Member Cole 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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North Brevard County Hospital District Board - The North Brevard County Hospital District Board's semiannual report was presented. No action was requested.

 

Member Billy Specht presented the semi-annual report. The presentation highlighted as follows:

 

  • Highlights
  • Awards & Recognitions
  • Heart Care Advancement Same-Day Heart Ablations
  • Continuous Advancement Robotic Assisted Surgery
  • Community Involvement
  • Titusville Rotary Club Jazz and Space March 4, 2023
  • Titusville Sunrise Rotary Club Wheels in Motion Car Show April 15, 2023
  • Athletic Training Program AHS | THS | SCHS | CHS
  • Back to School Sponsorships July and August 2023
  • Space Coast Jr/Sr High School
  • Career Fair Hiring Events
  • Welcome New Providers
  • Healing Moment Highlight
  • Thank you! 

 

 

Council thanked Parish Medical Center for everything they do for our community.

 

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Code Enforcement Special Magistrate - The Code Enforcement Special Magistrate's semi-annual

written report was included in the agenda packet. No action was requested.

 

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

 

Stan Johnston stated that there was a West Virginia Day being held at Fox Lake Park on September 24, 2023 and invited everyone to attend. Mr. Johnston discussed his handout, etc.

 

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Toni Shifalo stated that she was not in support of City Council’s decision on the Urban Forestry Program. Ms. Shifalo stated that the Titusville Environmental Commission submitted a very well thought out program with various implementations and community involvement, but Council decided to seek a $50,000 matching grant to develop a program to plant trees in Titusville to increase and maintain the City’s tree canopy.

 

Member Nelson stated that she met with Public Works Director Kevin Cook and North Area Parks Operation Manager Jeff Davis. Member Nelson stated that Brevard County Parks and Recreation maintains Titusville’s parks and they were interested in creating a tree plan.

 

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CONSENT AGENDA

 

City Clerk Wanda Wells advised that there were two speaking cards submitted.

 

City Manager Larese read Consent Agenda items A, B, C, D, E and F as followed:

 

  1. Renewal of All Lines of Insurance Coverage - Approve the renewal of all lines of insurance coverage for Fiscal Year 24 at a premium of $1,398,636, which is an increase from last year's cost of $950,036.38 and authorize the City Manager to put in place all the necessary instruments for this renewal.

 

  1. Permission to Procure Products or Services on the Vendor of Record (VOR) for the City's Fiscal Year 2024 - It is requested that the Council: (1) Approve the use of the attached vendors determined to be the Sole Source, Single Source, and/or Proprietary purchases; (2) Approve the use of State Contract(s), cooperative contracts and other agency contracts when market research dictates utilizing one of these existing contracts is in the best interest of the City; (3) Approve the issuance of purchase orders and contract renewal options (4) Delegate authority to the City Manager to award VOR purchases and contracts, exceeding the Ordinance limits, subject to the appropriation of funds for FY 2024; (5) Authorize the Mayor to execute all contracts to VOR exceeding $50,000; and authorize the City Manager to execute all contracts up to $50,000; and (6) Approve Purchasing and Contracting to make award updates or changes to the VOR list resulting from competitive procurement actions conducted by other governmental agencies for those expired contracts being used by the City.

 

  1. Lead and Copper Service Line Inspections Contract Award - Approve the award of contract for the Lead & Copper Service Line Inspections Contract to Gaines Utility Construction Company of Mobile, AL in an amount not to exceed $2,000,000.00 for the development of EPA mandated service line inventory for all water services constructed before 1989 within the City. Authorize the Mayor to execute said contract upon review and approval of City Attorney and staff. Additionally, approve associated budget amendments.

 

  1. Blue Heron Reuse Pump Improvements Contract Award - Approve the award of Blue Heron Reuse Pump Improvements Project to Environmental Equipment Services, LLC of Lakeland, FL in the amount of $768,958 for the construction of reuse pump station improvements at Blue Heron Water Reclamation and authorize the Mayor to execute said contract upon review and approval of City Attorney and staff. Additionally, approve associated budget amendments.

 

  1. Fiscal Year 24 Victim of Crimes Act (VOCA) Grant Award - Accept the Fiscal Year 24 VOCA Grant in the amount of $54,317 to fund the Victim Advocate position and approve the attached Budget Amendment.

 

  1. Resolution No. 23-2023, Establishing Rules of Decorum for all City Boards - Adopt Resolution No. 23-2023, establishing rules for decorum at meetings of the various City Boards consistent with the Rules of Decorum for meetings of the City Council; and providing for an effective date.

 

Stan Johnston stated that he was not in support of Item 8A. Mr. Johnston discussed a handout that he distributed, etc. 

 

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Toni Shifalo asked for clarification on Item 8F. City Attorney Broome stated that Council previously gave direction to staff to update the Council Chamber Guidelines and the rules of decorum. The previously approved rules were specific to City Council, but Item 8F was more general and applied those same rules of decorum to the other City boards. Ms. Shifalo asked if it was going to affect the amount of time public speakers were given. City Attorney Broome stated that it had nothing to do with the time. 

 

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Motion: Vice-Mayor Robinson moved to approve Consent Agenda items A, B, C, D, E, and F in accordance with recommendations. Member Stoeckel 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION – 

 

Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan - This item was tabled to the regular City Council meeting on October 10, 2023 at 6:30 p.m., as requested by the applicant. No action was requested.

 

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ORDINANCES-FIRST READING - 

 

Ordinance No. 44-2023 - Comprehensive Plan Amendment (CPA) No. 1-2023 Water Supply Facilities Work Plan for 2023 – City Manager Larese advised that the request was to conduct the first reading of the ordinance for Comprehensive Plan Amendment (CPA) 1-2023 Water Supply Facilities Work Plan for 2023. 

 

City Attorney Broome read Ordinance No. 44-2023 - An ordinance of the City of Titusville, Florida, amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by adopting Comprehensive Plan Amendment 1-2023 amending the conservation, infrastructure, capital improvements and intergovernmental coordination elements of the comprehensive plan related to the City’s water supply facilities work plan and amending the potable water level of service by specifically amending Conservation Element Policy 1.14.12; Infrastructure Element Policy 2.1.1, Objectives 5.1 and 5.3, and Policy 5.3.5; Capital Improvements Element Policy 1.5.1 and Intergovernmental Coordination Element Policy 1.2.22; providing for severability, repeal of prior inconsistent ordinances, incorporation into the comprehensive plan and effective date. (This was a legislative item) 

 

The public hearing was open. 

 

Stan Johnston stated that there was a sewer moratorium on the south end of town, etc. Mr. Johnston stated that the City could reduce the amount of water used by raising water prices or the price of sewage. Mr. Johnston stated that property owners with moratoriums on their property needed to be notified.  

 

No one else wished to speak; therefore, the public hearing was closed. 

 

The public hearing was scheduled for the regular City Council meeting on September 26, 2023, at 6:30 p.m.

 

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Ordinance No. 45-2023 - Amendment to Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan – City Manager Larese advised that the request was to conduct the first reading of Ordinance No. 45-2023 - Amending Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan. 

 

City Attorney Broome read Ordinance No. 45-2023 - Amending Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan, of the Code of Ordinances of the City of Titusville; amending Section 15-26, Definitions; amending Section 15-28, Contributions, amending Section 15-105, Benefits Effective August 26, 2013; amending Section15-106, Minimum Distribution of Benefits, Providing for Compliance with the Secure 2.0 Act; amending Section 15-110, Deferred Retirement Option Plan; Repealing all Ordinances in Conflict Herewith; and providing for Severability of Provisions and Providing an Effective Date.

 

The public hearing was open. 

 

Stan Johnston stated that he previously worked for Brevard County and retired from the City of Titusville. Mr. Johnston stated that the City’s income was in a good place currently. 

 

No one else wished to speak; therefore, the public hearing was closed.

 

The public hearing was scheduled for the regular City Council meeting on September 26, 2023 at 6:30 p.m.

 

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Ordinance No. 46 - 2023 - Amendment to Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan – City Manager Larese advised that the request was to conduct the first reading of Ordinance No. 46-2023 - Amending Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan. 

 

City Attorney Broome read Ordinance No. 46-2023 - Amending Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan; amending Section 15-126, Definitions; amending Section 15-191, Member Contributions; amending Section 15-211, Retirement Dates; amending Section 15-222, Benefits; amending Section 15-224, Minimum Distribution of Benefits, to provide for compliance with Secure 2.0 Act; amending Section 15-233, Deferred Retirement Option Plan; Repealing all Ordinances in Conflict Herewith; providing for Severability of Provisions and Providing an Effective Date. 

 

The public hearing was open.

 

Stan Johnston stated that he was not in support of this item, etc. 

 

No one else wished to speak; therefore, the public hearing was closed.

 

The public hearing was scheduled for the regular City Council meeting on September 26, 2023 at 6:30 p.m.

 

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OLD BUSINESS – 

 

Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding Under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter of Gregory J. Nelson, re: Small Scale Amendment (SSA) No. 5-2022, Petitioner, v. City of Titusville, Florida, Respondent – This item was rescheduled to the regular City Council meeting on September 26, 2023 at 6:30 p.m.

 

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NEW BUSINESS – None. 

 

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

 

Marla Purvis stated that she was in support of the City planting fruit trees to prevent starvation and assist people in need. 

 

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MAYOR AND COUNCIL REPORTS

 

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

 

Mayor Diesel stated that he attended Blue Mass on September 11, 2023 and thanked the Good Shepherd Lutheran Church and Pastor Bruce for hosting it. 

 

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Mayor Diesel stated that the NAACP Annual Freedom Fund and Awards Banquet was on October 28, 2023. Mayor Diesel stated that he was in support of the City purchasing a table. 

 

Stan Johnston stated that he was in support of Council attending the NAACP Annual Freedom Fund and Awards Banquet. 

 

Motion: Member Cole moved to approve the funding to purchase a table for the City Council to attend the North Brevard NAACP Annual Freedom Fund and Awards Banquet on October 28, 2023 at the Indian River Preserves Golf Club, 3950 Clubhouse Drive, Mims, FL  32754, as requested by Mayor Diesel.  The cost of the reserved table for 8 was $480.00. Member Nelson seconded the motion.  

 

The motion carried unanimously. 

 

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Council Reports –

 

Member Nelson stated that ACOM developed an algae eating boat that separates the algae from the water and turs the algae into jet fuel. Member Nelson stated that on September 13, 2023 from 10:00 a.m. to 12:00 p.m., the boat would be at the Front Street Center in Melbourne. 

 

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Member Nelson commented on the Live Local Act, increasing affordable housing, inclusionary housing, tax incentives for developers that set aside affordable housing, etc.  City Manager Larese advised that staff would bring back a presentation at a future meeting.  There was no objection from the City Council.  

 

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Member Nelson requested City Attorney Broome review and bring back information on the Tourist Development Council’s (TDC) funding for cultural arts.  In addition, discussion included talking to representatives to determine why the funding for the cultural arts was reallocated.  This was also a discussion at the CRA on September 12, 2023.   There was no objection from the City Council.  

 

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Member Stoeckel stated that she was appointed as one of the two representatives for the Space Coast League of Cities to serve on the Florida League of Cities Board and was also selected to serve on the Florida League of Cities Executive Board. 

 

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Vice-Mayor Robinson stated that the Brevard County Housing Coalition asked him to be an advisor for affordable housing and represent the north area of Brevard County. 

 

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

 

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City Manager Larese stated that the Community Development Newsletter was included in his report. He also reminded Council that the budget final public hearing was on September 21, 2023 at 5:30 p.m.

 

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Community Development Director Brad Parrish stated that three public meetings for Titusville Tomorrow were scheduled to receive public input. The meetings are on the development of Titusville’s Downtown, Gateway Corridors and Canaveral Heights. The first meeting was scheduled for September 18, 2023. 

 

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The remaining items were informational only.

 

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City Attorneys Report 

 

City Attorney Broome stated that the City filed a motion to dismiss the complaint for declaratory judgment and injunctive relief from a citizen regarding the Apollo Gardens project for legal reasons. The hearing was scheduled for December 12, 2023 at 10:00 a.m.

 

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With no further business to discuss, the meeting adjourned at 7:53 p.m.