xxx xxx Mayor Tulley led those present in the Pledge of Allegiance. He then read the procedures for public comment during the meeting.

Transcription

1 City Council Regular Meeting July 26, 2011 The City Council of the City of Titusville, Florida met in regular session on Tuesday, July 26, 2011 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida. Mayor Jim Tulley called the meeting to order at 6:30 p.m. Those present were Mayor Jim Tulley, Vice-Mayor Walt Johnson and Members Kathleen Burson, Martha Long, and Rita Pritchett. Also present were City Manager Mark Ryan, Deputy City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Pastor Glenn Dames of St. James AME Church was not available to give the invocation; therefore, Pastor Dave Cox of Christ Central Church gave the invocation. Mayor Tulley led those present in the Pledge of Allegiance. He then read the procedures for public comment during the meeting. Approval of Minutes None Special Recognitions and Presentations: Most Valuable Person Award City Manager Ryan recognized Firefighter/Paramedic Gregory Sutton of Fire and Emergency Services as the City's Most Valuable Person. He read from Mr. Sutton s nomination and presented him with a plaque and gift. Employee of the Month June City Manager Ryan recognized Police Officer Izell Davis of the Police Department as the employee of the month for June He read from Mr. Davis s nomination and presented him with a plaque and a gift.

2 Employee of the Month July City Manager Ryan recognized Police Officers Jamie Board and Neal Arnold of the Police Department as the employees of the month for July He read from their nomination and presented each employee with a plaque and a gift. Mayor s Monthly Award - Mayor Tulley presented the Mayor s Cup Award to Alice and Ray Chalfante of the Indian River City United Methodist Church Car Care Ministry on Highway 50, in recognition and appreciation for their volunteerism and efforts to assist individuals who required transportation repairs. Mayor Tulley noted that Mr. and Mrs. Chalfante repaired and donated cars to individuals having a need for transportation in the community. Additionally, Mayor Tulley noted that the Chalfant s efforts were also assisted by local area mechanics who volunteered their services to assist the community. Letters of Appreciation - City Manager Ryan read the names of the following employees who received letters of appreciation: Fire Department Chuck Bogle Tiffany Callahan Frank Canada Doug Chamberlain Dave Cody Bobby Crocker Josh Hall John Hustoles Aaron Jolly Bridgette Kozielski Brian Marfitt Michael Rivas Lucus Senger Brook Smith Mike Woodward Police Department Amelia Bray Barry Brown Matt Demmon Jessica Edens Jennifer Gass Michelle Glover Todd Hutchison Sara Kane-Watson Chief Acting Lieutenant Paramedic Logistics Coordinator Lieutenant Driver/Operator Driver Operator/Paramedic Firefighter Paramedic Firefighter/EMT Firefighter/Paramedic Acting Battalion Chief Lieutenant Firefighter Paramedic Firefighter Paramedic Driver-Operator/Paramedic Operations City Corporal Officer Lieutenant Detective K-9 Officer Victim Advocate Lieutenant Detective

3 Jeff King John Lau Dave McCourt Jeff Watson Public Works Jane Allen Bob Richards Al Wright Lieutenant Assistant Chief Officer Officer Secretary Solid Waste Operator Solid Waste Operator Boards and Commissions: Board of Adjustments and Appeals City Manager Ryan outlined the request to appoint two regular members and one alternate member to the Board of Adjustments and Appeals for two-year terms that would expire on July 31, The terms of Z. Sid Chehayeb (Licensed Engineer), Earl Johnson, Jr. (Public at Large), and alternate member Jeanadelle Sheridan (Public at Large) expired on July 31, Each of these members expressed their willingness and desire to continue to serve on this board as City Council appointees, and requested reappointment as regular members for two-year terms that would expire on July 31, Additionally, alternate member Jeanadelle Sheridan requested continuing serving as an alternate member if not appointed as a regular member. Matthew Barringer (Public at Large) currently served as an alternate member with a term that expired on July 31, He expressed his willingness and desire to serve on this board as a regular member and if not appointed as a regular member, he desired continuing serving as an alternate member. There were no other applications were on file. Motion Member Burson moved to reappoint Z. Sid Chehayeb (Licensed Engineer), Earl Johnson, Jr. (Public at Large) as regular members to the Board of Adjustments and Appeals for terms that would expire on July 31, 2013, and Jeanadelle Sheridan (Public at Large) as an alternate member to the Board of Adjustments and Appeals for a term that would expire on July 31, Vice-Mayor Johnson seconded the motion and it carried unanimously. Titusville Environmental Commission City Manager Ryan highlighted the request to accept the resignation of regular member James Stahl with a term that expired on November 30, 2012 and appoint one regular member for the unexpired term. Mr. Stahl submitted his resignation effective July 13, His term expired on November 30, City Manager Ryan advised that Robert Chavier currently served as an alternate member with a term that expired on November 30, He advised that Mr. Chavier expressed

4 his willingness and desire to serve on this board as a regular member. There were no other applications on file. Motion: Vice-Mayor Johnson moved to accept the resignation of regular member James Stahl effective July 13, 2011 with regrets and appoint Robert Chavier as a regular member of the Titusville Environmental Commission for the term that expired on November 30, Member Long seconded the motion and it carried unanimously. Titusville Environmental Commission (TEC) Semi-Annual Report - Chairman Dean Pettit gave the TEC semi-annual report. He gave a presentation that highlighted the success of the Trash Bash Event projects and involvement of area schools, tree-planting program, recycling programs at Oak Park Elementary and Southlake Elementary Schools, gardening program at Southlake Elementary School, etc. Member Long requested an electronic copy in portable document format (PDF) of the Greater Titusville Eco-Heritage Trails and Bike Path Plan. She also requested the Titusville Environmental Commission determine whether certain trees that were scheduled to be destroyed at the Chain of Lakes Park could be moved to another location. She suggested the Commission discuss the issue regarding the trees at the Chain of Lakes with Council Member Burson given she was familiar with this issue. Motion Member Long moved to accept the Titusville Environmental Commission Semi-Annual Report, as submitted. Member Pritchett seconded the motion and it carried unanimously. Petitions and Requests from the Public Present (Open Forum) None. Consent Agenda: Motion: Vice-Mayor Johnson moved to approve Consent Agenda Items A, B, and C in accordance with recommendations. Member Burson seconded the motion. City Manager Ryan read Consent Agenda items A, B, and C as followed: A. APPROVE THE SCHOOL RESOURCE OFFICER AGREEMENT WITH THE BREVARD COUNTY SCHOOL BOARD - Approve the School Resource Officer Agreement with the Brevard County School Board at the cost of $180, and a reimbursement of $118,000 from the Brevard County School Board.

5 B. AWARD REQUEST FOR PROPOSAL (ELECTRONIC SIGN BOARD) TO COMPLETE SIGNS, LLC - Approve the award of a contract to Complete Signs LLC, Dothan, AL for Option # 2 of its proposal to furnish and install a new electronic digital sign at the Police Department in the amount of $29,995; and authorize the City Manager to execute the contract. C. ADDENDUM TO AMENDMENT 2 CPH ENGINEERS' CONTRACT - Approve addendum 1 to Amendment 2 of CPH Engineers' contract for the Area IV Wellfield project and authorize the Mayor to execute the addendum. The motion carried unanimously. Due to the numerous persons that were present and waiting to speak on a particular agenda item, Mayor Tulley advised the agenda would be modified to allow Council to consider Conditional Use Permit No next in the meeting. He read the quasijudicial rules of procedure, which included asking Council whether they visited the application site or talked with any individuals of the public regarding the application. Conditional Use Permit No Mayor Tulley advised that approximately eighty (80) s were received by some or all of the Council regarding Conditional Use Permit Application No for Christ Central Baptist Church. Member Pritchett advised that she talked with Pastor Dave Cox some months ago about the project, but that this prior discussion would not influence her vote. Mayor Tulley and Member Burson both attended an unspecified ribbon cutting ceremony prior to knowing the application was coming before them at this meeting. Mayor Tulley summarized that Council could only consider the evidence presented for Conditional Use Permit No Deputy City Attorney Broome advised Council what issues they were not permitted to consider when considering the conditions for Conditional Use Permit Application No City Manager Ryan outlined that the applicant, Mr. John Evans on behalf of Central Baptist Church, requested approval of a conditional use permit for semi public use to allow counseling services at 4150 Mount Sterling Avenue. This property was zoned Multifamily High Density (R-3). Semi-public body use was permitted as a conditional use in this zoning district. Planning and Growth Management Director Courtney Barker highlighted the results of the July 20, 2011 Planning and Zoning Commission meeting. She advised the owner or applicant of this application signed the alcohol distance requirement waiver, which resulted from Ordinance No Second, she advised the building official visited the application site earlier today and reported back prior to the meeting. Ms. Barker

6 advised the density was not changing and would allow a maximum of thirty-two residents. Planning and Growth Management Director Barker highlighted the recommended conditions for Conditional Use Permit No , as followed: 1.) The dumpster would be required to be according to City standards including the enclosure; 2.) This building would be limited to a maximum of thirty-two (32) residents; 3.) Counseling services should be limited to the residents of this complex; and new recommendation 4.) The 1979 stormwater retention volumes would be restored on site within the available green space. The restoration of the 1979 stormwater volumes would be completed within two years of the approval for this Conditional Use Permit. In addition, Planning and Growth Management Director highlighted why staff recommended approval of the request Mayor Tulley opened the public hearing. Attorney John Evans, the applicant representing Christ Central Baptist Church, commented on the rehabilitation services the applicant wished to provide to the residents of Liberty Lodge. Per Mr. Evans request, many individuals momentarily stood to show their support of the conditional use permit. He provided pictures of what the building looked like prior to the applicant refurbishing it, which he noted was in poor condition. He commented on a prior conditional use permit approved for the same property under different ownership, homelessness, the goals of the Liberty Lodge services to assist its residents, unproven innuendos made by some in the community, there were no reports of crime or battery while the current owners owned the building, etc. Additionally, Mr. Evans advised he consented to the four conditions proposed by staff. Chuck Torgler, Barry Oldaker, and Clyde McFarlin all spoke in support of the request and commented that the Liberty Lodge Program previously assisted them with straightening out their lives. Each spoke personally to the ways their lives were significantly changed due to the program. Jacqueline Higgins, speaking as an individual, and Sandra Donahue of North Brevard Charities spoke in support of the request. Ms. Higgins commented on her background and experience with the Women s Ministry and Ms. Donahue advised that Liberty Lodge was one of her organization s resources that assisted the community with their difficulties. Business owner Nataucha Cardwell advised that she owned a salon near Liberty Lodge and that she felt safe being in close proximity to the program s residents. Jack Vitellaro, Director of Liberty Lodge, advised the program taught biblical principals and acceptance into the program was premised on several interviews with other colleagues. He advised the program did not accept anyone that was currently using drugs or who had substantial medical needs as the Liberty Lodge was not a medical program, residents were allowed to work outside in order to support their families and their costs

7 for residing at Liberty Lodge, its residents were required to get permission to leave the facility, etc. Mayor Tulley clarified that residents could be dismissed if they failed to obey the rules of the program, the program only accepted males, and the request, if approved, would allow the program to relocate its counseling services from within the church building to the application site. Father Rob Goodrich of St. Gabriel s Church supported the request. He advised the program s residents assisted his church with tasks and residents seemed trustworthy. Pastor Dave Cox of Christ Central Church commented on his background, his pursuit in becoming a pastor and eventual involvement with Liberty Lodge and Christ Central Church. He highlighted the history of Liberty Lodge, its ongoing twenty-five year success, and the current status of the Church to improve the application site. Motion: Vice-Mayor Johnson moved to allow Pastor Cox an additional one minute to speak. Member Pritchett seconded the motion and it carried unanimously. Pastor Dave Cox continued by summarizing his support of the request and requested Council s consideration to approve Conditional Use Permit Application No In response to two questions asked by Member Burson, Pastor Cox advised how and where residents came from and that residents did not enter the Liberty Lodge program in order to detoxify. Member Long commented on a neighborhood meeting that she attended approximately four to six years ago where she said there was an interest by the City to develop a small area plan. She requested knowing the status of this idea and what would it take to reinitiate this prior interest. Planning and Growth Management Director Barker advised the research process had begun sometime ago, but ended when the position of the employee writing the small area plan was eliminated. In response, Member Long requested a solution to complete this small area plan. Craig Valdyke, John Beasley, Barbara Hensley, Ed Springer, and Thomas Corbin did not support the request for various reasons. Some of the reasons included there was an overload of social services already in the area, Liberty Lodge might expand if their prior location was renovated, security, loss of work due to voluntary services provided by the residents of Liberty Lodge, police calls to the area, violence, drug testing, written conditions of approval, fear of felons living in the area, etc. Deputy City Attorney Broome redirected the discussion and the focus of the application request. He advised on what types of conditions could not lawfully be imposed according to federal and state statutes. Deputy City Attorney Broome also advised in general what the City s codes did not regulate.

8 Elizabeth McDonald read a letter written by Linda Linogon - a bar and restaurant owner in the nearby area, which summarized her concern that persons with drug and alcohol addictions could affect her livelihood. She requested written documentation be obtained from the applicant or Christ Central Church waiving the distance requirement between churches and bars. In response to Ms. Linogon s letter, Planning and Growth Management Director Barker advised that Pastor Cox (the applicant) previously signed a necessary waiver concerning the current distance code requirements for businesses that sold alcoholic beverages within five-hundred feet of a church. Paula Cardwell was neither for nor against the request. She expressed numerous concerns and recommended self-imposed or documented conditions including the Liberty Lodge scope and schedule of work. Ms. Cardwell displayed a map that depicted several social service or charitable organizations in the subject area. Her concerns centered on the economic stability, safety and security of the area, more police calls could be generated if another charitable organization or social service was added to the area, a semi-public use for this application and subject property could allow for medical services as Pastor Dave Cox or staff of Christ Central Church held professional certificates that allegedly enabled them to dispense drugs to addicts, etc. Motion: Member Long moved to allow Ms. Cardwell an additional two minutes to speak. Member Pritchett seconded the motion and it carried unanimously. Ms. Cardwell requested Council consider limiting the number of residents of social services or the types that assisted persons of drug and alcohol addictions in the area. Mayor Tulley advised that whether Council approved or denied the request, it would not stop the residents of the Liberty Lodge program from living at the application site. Vice-Mayor Johnson clarified whether Pastor Cox could administer drugs if he held a certain professional counseling degree. Deputy City Attorney Broome advised this would be a question for the applicant, Attorney John Evans, and Pastor Cox, as Deputy City Attorney Broome was not familiar with Pastor Cox s professional degree and abilities. Ms. Cardwell stated her beliefs as to Pastor Cox s professional status and abilities as a Certified Addictions Professional (CAP). Deputy City Attorney Broome advised that if Pastor Cox or affiliated persons held such licensure from the state, the classification of the use would be considered a treatment facility. If the use went beyond what was allowed under the conditional use permit then code enforcement would be required.

9 Mayor Tulley commented on his review of the Multifamily, High Density Residential (R- 3) zoning category and what was considered under conditional uses, which included allowing a semi-public body. He requested defining the meaning of a semi-public body. Deputy City Attorney Broome advised that the meaning was general under the uses permitted for the zoning and that if Council desired, they could approve a condition to those stated in the application request. Planning and Growth Management Director Barker advised that the term semi-public body was defined in the definitions of Chapter 27 of the Land Development Regulations (LDR s), which she read aloud. She summarized this request was considered as a nonprofit activity including a social service group. Vice-Mayor Johnson desired hearing from the applicant, Attorney John Evans, or Pastor Cox regarding Pastor Cox s abilities or licensure. Attorney John Evans advised that he verified with an individual at the Florida Certification Board that Pastor Cox s professional certification or licensure as a Certified Addiction Professional (CAP) did not permit him in anyway to administer drugs. Member Long clarified whether a fifth condition could be added that outlined or limited the types of services the may be provided under the conditional use permit. Deputy City Attorney Broome advised that Council could look to the criteria under the requested uses and determine acceptability or imposing conditions. Planning and Growth Management Director advised that Council may consider information applied for within Conditional Use Permit Application No as the fifth recommended condition, which she stated was, all activities shall be limited to teaching classes, counseling services, weekly meetings with the residences and some limited administrative functions. More discussion by Council ensued on semi-public uses, issues with residences, a future area study, adding a fifth condition of approval on the premise that activities could be limited to those described in the application (as noted on page 169 of the agenda packet), state statutes regulated sexual offenders to register their addresses, Liberty Lodge s interview process for potential residents, etc. Mr. R.C. Kirk, speaking on behalf of his father who lived near Liberty Lodge, supported the request. Motion: Member Long moved to allow two speakers to comment that submitted speaking cards during the public hearing. Member Burson seconded the motion and it carried unanimously. Mark Conklin, Pastor Bernard C. Wright, Sr., and Daniel Treder (a third permitted speaker) supported the request for various reasons. Some of these included positive

10 interaction with Liberty Lodge residents, federal laws prohibited discrimination with respect to some concerns expressed by a few at the meeting, the surrounding neighborhood near the application site seemed improved over the last several years, etc. The applicant, Attorney John Evans on behalf of Christ Central Church and Pastor Dave Cox, did not offer a rebuttal. Mayor Tulley closed the public hearing. Motion: Member Pritchett moved to approve Conditional Use Permit No with the five conditions as stated by Planning and Growth Management Barker, as followed: 1.) The dumpster would be required to be according to City standards including the enclosure; 2.) This building would be limited to a maximum of thirty-two (32) residents; 3.) Counseling services should be limited to the residents of this complex; 4.) The 1979 stormwater retention volumes would be restored on site within the available green space. The restoration of the 1979 stormwater volumes would be completed within two years of the approval for this Conditional Use Permit; and 5.) All activities shall be limited to teaching classes, counseling services, weekly meetings with the residences and some limited administrative functions. Member Burson commented on responding to s that were sent to the Council, requirements of Council to follow a number of rules for public hearing or quasi-judicial items and other rules that were required by Council outside of City Council meetings. The roll call was: Member Pritchett Vice-Mayor Johnson Mayor Tulley Member Long Member Burson Yes Yes Yes Yes Yes The motion carried unanimously. The meeting recessed at 9:47 p.m. and reconvened at 9:57 p.m.. Ordinance No Expanding Hours Allowed for Alcohol Sales on Sunday Deputy City Attorney Richard Broome read Ordinance No for the second time by title only, as followed: Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 4, SECTION 4-4 BY EXPANDING THE HOURS OF SALES OF ALCOHOL ON

11 SUNDAY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Ryan advised that on May 24, 2011, City Council provided staff with advisability to move forward with alternatives for expanding the hours of allowable alcohol sales on Sunday. Currently, allowable sales were limited on Sundays to 1 pm to 11 pm or midnight with an extended hours permit. These requirements were provided in Section 4-4 of the City s Code of Ordinances. These requirements did not apply to package off premises sales, which were allowed to sell at 7 am on Sunday. Included in the agenda packet were six alternatives. City Manager Ryan advised that three additional alternatives were provided to Council since the publishing of the agenda. Altogether, the nine proposed alternatives for Council s consideration were 1. Alternative One: Ordinance changed the hours of sales on Sundays starting at 11 a.m. instead of 1 p.m. 2. Alternative Two: Ordinance allowed the sale of beer and wine only at 11 a.m. on Sunday and all other liquor sales would start at 1 p.m. 3. Alternative Three: Ordinance allowed the sale of alcohol on Sunday at 11 a.m., but only for those license holders that were also licensed to prepare and serve food. 4. Alternative Four: Ordinance allowed the sale of alcohol on Sunday at 11 a.m., but only with an extended hours permit. 5. Alternative Five: As requested at the last Council meeting, this alternative provided for earlier sales on Sunday for only those establishments serving food and only with an extended hours permit. 6. Alternative Six: As requested at the last Council meeting, this alternative provided for sales on Sunday at noon. 7. Alternative Seven: Provided for an extended hours of operation permit on Sunday at noon until 1 p.m. and extended to licensed food services. 8. Alternative Eight: Provided for an extended hours of operation permit on Sunday at noon until 1 p.m. and extended licensed food services and limited sales and consumption of alcohol within the interior of the licensed establishment and prohibited outdoor music or entertainment during the period of the extended hours permit. 9. Alternative Nine: Provided for an extended hours of operation permit on Sunday at 11 a.m. until 1 p.m. and extended licensed food services and limited sales and consumption of alcohol within the interior of the licensed establishment and prohibited outdoor music or entertainment during the period of the extended hours permit. Mayor Tulley opened the public hearing. Pastor Bernard C. Wright, Sr. of Bethlehem Church could support Ordinance No if the changes were restricted to food service establishments and the sales of alcohol were kept inside. In his opinion, it should not be an all or nothing proposition.

12 Bob Chavier supported Ordinance No allowing restaurants to sell alcohol earlier on Sundays in order to be competitive with nearby communities. He requested Council consider allowing bars to have the same privileges. Tom Thompson supported Ordinance No and Option No. 4. He stated that this option would benefit businesses. Gary Kimball submitted a speaker s card, but was not present. Larry Donovan supported Ordinance No and felt each day of the week should be treated the same. Dean Pettit supported being competitive with nearby cities and capitalizing on Titusville s ecotourism opportunities. Laurilee Thompson, a Titusville restaurant owner, advised that she lost business on Sundays because she was not able to serve alcohol before 1:00 pm. She felt the current code was too restrictive and requested Council consider approving an ordinance that assisted businesses. Member Long advised that she would vote no on Ordinance No due to unintended consequences it could create and due to her principals. Instead, she desired something that truly benefited all businesses in the City. Member Pritchett commented on her background and that she did not struggle with approving the proposed ordinance due to it assisted businesses like Ms. Thompsons and provided individuals a right to choose whether to have alcohol earlier on Sundays. Additionally, she did not feel a change in the current code would cause additional police calls. Vice-Mayor Johnson commented on the inability of the U.S. Constitution to regulate people s religious behavior and that unintended consequences could occur with most issues. The time was approaching 10:30 p.m. Motion Member Burson moved to approve extending the meeting until 11:30 p.m. Vice-Mayor Johnson seconded the motion and it carried unanimously. Laura Ward desired preserving the current alcohol codes in order to preserve their longstanding history and the respect for the worship community and families. She did not support Ordinance No and was concerned with outdoor entertainment.

13 Mark Conklin supported Ordinance No and did not believe serving alcohol earlier on Sundays would be disruptive, but could financially benefit those in the restaurant industry and attracting outside investors. As there were no additional persons that wished to speak, Mayor Tulley closed the public hearing. Member Burson expressed that Sunday was a special day for families; however, she could support approval of Option No. 9 of Ordinance No Motion: Member Pritchett moved to approve Ordinance No Option No. 5 this alternative provided for earlier sales on Sunday for only those establishments serving food and only with an extended hours permit. Vice-Mayor Johnson seconded the motion for discussion. Vice-Mayor Johnson commented that any additional revenue, even if it was small, could cover part of a salary for restaurant staff and could benefit the restaurants that sold alcohol. In response to that portion of the discussion that highlighted Sunday was a religious day, he advised that religions provided an assortment of days of the week other than Sunday as being sacred. For these reasons, he supported the ability of individuals to have choices. Mayor Tulley noted he was conservative by nature, but could support Ordinance No , Option 9. Member Pritchett advised why she supported Option No. 5, which would allow revoking a restaurant extended hours permit if there were problems. Vice-Mayor Johnson supported this reasoning. Member Burson commented on the issues that concerned her, which involved businesses that abutted residential property. She was also concerned with issues regarding distances. Mayor Tulley advised that he could also support Option No. 5. The roll call was: Vice-Mayor Johnson Mayor Tulley Member Long Member Burson Member Pritchett Yes Yes No No Yes The motion carried unanimously.

14 The time was approaching 11:30 p.m. Motion: Member Burson moved to extend the meeting until midnight. Vice-Mayor Johnson seconded the motion and it carried unanimously. Ordinances First Reading - Deputy City Attorney Richard Broome read Ordinance No for the first time by title only, as followed: Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO , WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE MAP ON CERTAIN PROPERTY LOCATED AT 5306 RIVEREDGE DRIVE FROM RESIDENTIAL MEDIUM DENSITY LAND USE TO RESIDENTIAL HIGH DENSITY LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE (Small Scale Amendment No ). Mayor Tulley advised public speaking cards were submitted on Ordinance Nos and (Small Scale Amendment No ). Laura Ward distributed information to Council and commented that the proposed ordinances and Small Scale Amendment Application No were in the same area as the 2004 Riveredge Drive Small Area Plan, which was previously included in a joint planning agreement with Brevard County. She supported the request for an assisted living facility, but did not support changing the land use or zoning due to any negative impact it could cause to undermine the small area plan. Mayor Tulley clarified whether Ms. Ward was aware the applicant revised their application and request, which included not change the zoning or land use for that portion of property that fell within the Riveredge Drive Small Area Study. In addition, Ms. Ward believed the zoning atlas was incorrect as it depicted the small area plan. Deputy City Attorney Richard Broome read Ordinance No for the first time by title only, as followed: Ordinance No AN ORDINANCE AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY AMENDING THE MULTI-FAMILY MEDIUM DENSITY (R-2) ZONING TO MULTI-FAMILY HIGH DENSITY RESIDENTIAL (R-3) ZONING CLASSIFICATION FOR A PROPERTY

15 LOCATED AT 5306 RIVEREDGE DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE (Small Scale Amendment No ). Member Long requested clarification on the criteria being used for Small Scale Amendment Application No and Ordinance Nos and Staff would clarify the criteria in the staff report at the public hearing scheduled for the regular City Council meeting on August 9, Deputy City Attorney Richard Broome read Ordinance No for the first time by title only, as followed: Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO DATED AUGUST 1, 1984, WHICH APPROVED AND ADOPTED THE COMMUNITY REDEVELOPMENT PLAN FOR THE COMMUNITY REDEVELOPMENT AGENCY CREATED ON OCTOBER 12, 1982, BY AMENDING SAID PREVIOUSLY ADOPTED PLAN; AMENDING ORDINANCE DATED OCTOBER 22, 1996, AND ORDINANCE NO DATED MARCH 23, 2004, WHICH UPDATED THE REDEVELOPMENT PLAN; PROVIDING FOR RATIFICATION OF PREVIOUS ACTIONS OF THE COMMUNITY REDEVELOPMENT AGENCY AND ADOPTING CERTAIN AMENDMENTS THERETO TO THE COMMUNITY REDEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE (Community Redevelopment Agency Amendment). The public hearing was scheduled for the regular City Council meeting on August 9, Tentative Operating and Voted Debt Millage Rates for FY City Manager Ryan highlighted the request to set the tentative operating millage rate for the FY budget at the legislatively enacted millage rate (rolled back rate) of $ and set the voted debt millage rate (Riverfront Acquisition Referendum) at $ He summarized his proposed General Fund budget for FY2011/2012 was balanced applying a millage of $7.000, which was 11.27% below the legislatively enacted millage rate of $ City Manager Ryan recommended setting the proposed tentative Operating Millage at a higher rate to allow for flexibility throughout the budget hearing process. In accordance with Florida State Statute , the final adopted millage rate may be lower than, but may not exceed the proposed tentative millage. Motion: Member Pritchett moved to set the tentative operating millage rate for the FY budget at the legislatively enacted millage rate (rolled back) of $ and set the voted

16 debt millage rate (Riverfront Acquisition Referendum) at $0.5645, as recommended. Vice-Mayor Johnson seconded the motion and it carried unanimously. The public hearings on the FY 2011/2012 budget were scheduled for September 6, 2011 at 5:30 p.m. and September 14, 2011 at 5:30 p.m. and would be held in Council Chambers. Due to the late hour, City Manager Ryan and the Council scheduled a special meeting on Monday, August 1, 2011, at 5:30 p.m. to continue the unfinished business, which included the following agenda items: Ordinance No Amending Street Name Assignments for Private Roads Ordinance No Downtown Smart Code, Signage Section Ordinance No City Participation in the North Brevard County Economic Development Zone, Resolution No Adopting a City TIF District and Area, and Resolution No Approving the Creation of the North Brevard Economic Development Zone Dependent Special District Resolution No Street Name Acceptance of Bristow Way Petitions and Requests from the Public Present (Open Forum) Mayor James H. Tulley, Jr. Report Space Coast Transportation Planning Organization Mayor Jim Tulley and Council Member Kathleen Burson Space Coast Economic Development Commission Council Member Kathleen Burson Titusville Area Chamber of Commerce Vice-Mayor Walt Johnson City Manager s Report City Attorney s Report Per City Manager Ryan s request, Council considered the following agenda item prior to adjourning the meeting: New Business: Advisability to Proceed with the Demolition of a Condemned Structure at 1350 South De Leon Avenue City Manager Ryan outlined the request for advisability to proceed with the demolition of a residential multi-family condominium complex at 1350 S. DeLeon Avenue that was condemned by the City s Building Official. The thirty-eight units within the complex were individually owned, severely dilapidated, and posed a threat to public health and safety. City Manager Ryan advised the City sent notices to the property owners regarding the intent to demolish the structure. Staff estimated $65,000 for the demolition. If City

17 Council approved this advisability, the next step would be to adopt a resolution of necessity with a public hearing, and then a resolution assessing the costs after the actual demolition. City staff recommended City Council set the Resolution of Necessity public hearing for August 9, Mayor Tulley advised that a speaking card was submitted on the item. Annette Shuntich advised that she was a realtor/broker that represented a buyer who was interested in purchasing, renovating and transforming each of the thirty-eight units into an apartment complex. She asked Council not to approve the advisability request due to her buyer s current efforts to purchase each of the units. Member Pritchett clarified the condition of the property and each of its units was very poor. Planning and Growth Management Director Courtney Barker advised staff could assist Ms. Stunich s buyers by delaying final procedures to demolish the property, but the property would have to be secured by boarding up windows and doors, mowing the grounds, etc. as quickly as possible. Ms. Stuntich advised that her buyer(s) had done some mowing themselves and that mortgage lenders were working to assist her buyer(s). Mayor Tulley clarified that Ms. Stunich estimated her buyer(s) had approximately sixteen pending contracts and they were actively working to get signed contracts on the other units not yet under contract. Member Pritchett clarified that Planning and Growth Management Director Courtney Barker recommended giving Ms. Stunich s buyer(s) until the next regular meeting on August 9, 2011 to secure the property, in order for council to assess the next step. Vice-Mayor Johnson commented on the time frame in which the buyer(s) might need to secure the remaining contracts in order to purchase all of the condo units. Planning and Growth Management Director Courtney Barker commented on challenges that may be faced with acquiring this property. Her staff would return with recommended time lines at the next regular meeting and at the same time, staff would present a resolution of necessity to demolish the property. This was the next step in the schedule and following this step would be the public hearings to demolish the property. Motion Vice-Mayor Johnson moved to approve advisability to proceed with the demolition of the residential multi-family condominium complex at 1350 S. De Leon, as recommended. Member Pritchett seconded the motion and it carried unanimously.

18 The meeting adjourned at 11:42 p.m. Council would consider the unfinished business items at the special meeting on August 1, 2011, beginning at 5:30 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk