xxx xxx xxx Mayor Tulley read the public speaking procedures for the meeting. xxx

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1 City Council Regular Meeting October 11, 2011 The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, October 11, Mayor Jim Tulley called the meeting to order at 6:30 p.m. Present were Mayor Jim Tulley, Vice-Mayor Walt Johnson and Members Kathleen Burson, Martha Long and Rita Pritchett. Also in attendance were City Manager Mark Ryan, City Attorney Richard Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Pastor Jeremy Tyler of Faith Baptist Church was present to give the invocation. Mayor Tulley led those present in the Pledge of Allegiance to the Flag. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Mayor Tulley advised there was an error in the minutes for the special City Council meeting held on September 27, 2011 at 5:30 p.m. The error was located on page 41, paragraph 2 of the agenda packet. The name Joe Robinson should be John Robinson. moved to approve the minutes of the regular City Council meeting on September 13, 2011 and special City Council meetings on September 6, 2011 and September 27, 2011, as corrected. seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS - None BOARDS AND COMMISSIONS 1

2 North Brevard Commission on Parks and Recreation Semi-Annual Report The North Brevard Commission on Parks and Recreation submitted a written report. moved to accept the North Brevard Commission on Parks and Recreation semi-annual report as written. seconded the motion. The motion carried unanimously. Titusville Housing Authority Semi-Annual Report The Titusville Housing Authority submitted a written report. moved to accept the Titusville Housing Authority Semi-Annual report as written. seconded the motion. The motion carried unanimously. Historic Preservation Board The request was to appoint seven regular members and two alternate member to the Historic Preservation Board. City Manager Ryan advised the Historic Preservation Board (HPB) would prepare, update, and maintain an appropriate plan of protection for the historic sites and districts in the City. The Board would also determine and recommend to the City Council the appropriateness of historic sites, historical architectural features of any new building or the modification of existing buildings within the City of a historical nature. The Board would serve in a design review capacity on all exterior changes to existing sites and structures, and new developments within designated districts. The Board would be responsible for approving and denying all application for Certificates of Appropriateness with an appeal to Council. The City Council would appoint seven regular members and two alternate members. Whenever possible, members of the Board would be residents of the City of Titusville for at least one year; to meet State Certified Local Government Guidelines up to three of the seven regular members would not be required to meet the residency requirements as outlined in the Code, Section City Council would appoint members to the Board that had an interest or experience in Historic Preservation. Whenever possible, City Council would appoint members from the following organizations, professions, or groups: (1) Local historian, and/or architectural or art historian; (2) Architect; (3) Urban and regional planner; (4) Landscape architect; (5) Lawyer; (6) Engineer and/or building contractor; (7) Realtor and/or property appraiser; (8) Interested residents of City historic districts; and (9) Brevard County Historic Preservation Commission. 2

3 The initial terms of three of the members would be one year from the day the board was formally established while the initial terms of the remaining four members would last two years. Thereafter, the terms of all members would be two years. Staff recommended appointing one alternate member for one year and the other alternate member for two years to be in line with other City boards. A display ad was placed in Florida Today on June 30, 2011 to advertise that the City was accepting applications for this board. In an effort to provide more exposure of the City accepting applications for this board, the City Clerk s Office posted a notice on the bulletin board at City Hall, Channel 199, and on the City s website. Currently there were (14) applications on file for consideration. This item was tabled at the regular City Council meeting held on September 27, 2011 due to one additional application being received from Rhonda Harrell in order to allow Council the opportunity to review her application. The following applicants attended the meeting held on September 27, 2011: William (Matt) Gaetjens, Rhonda Harrell, and Roland Hoover. Mayor Tulley asked for clarification whether Christopher Male was a resident or nonresident of Titusville. City Manager Ryan clarified Christopher Male was a non-resident. Applicant Roland Hoover addressed the Council and highlighted his qualifications to be considered as a member to the HPB. He also advised that he was a resident of Titusville. Mayor Tulley recommended Council select the members in the following order: (1) Select the four members for the two-year terms; (2) Select the three members for a oneyear term; and (3) Select the two alternate members. Mayor Tulley opened the floor for nominations of applicants that would be considered for a two-year term. The nominations were as followed: Mayor Tulley Roz Foster - non-resident Rhonda Harrell - non-resident Josslyn Stiner - resident Roland Hoover - resident Joseph Adams - resident advised she was not comfortable voting for non-residents and requested more nominations. 3

4 advised when Council set the HPB up, it was acknowledged that the most knowledgeable/experienced persons were needed, particularly at the start-up of the board. That was the reason for allowing three (3) non-residents to be appointed to the board. stated that the applicants nominated were wonderful people, but she expressed concern because they would be making decisions for people who own property in the City of Titusville. Mayor Tulley recognized s discomfort in voting for non-residents and left the floor open for additional nominations. nominated Judy Hencin resident. Each Council Member was allowed four (4) votes from the applicants that were nominated. The votes were as followed: Mayor Tulley Roland Hoover, Joseph Adams, Judy Hencin, Josslyn Stiner Joseph Adams, Roz Foster, Rhonda Harrell, Josslyn Stiner Roz Foster, Joseph Adams, Rhonda Harrell, Josslyn Stiner Roz Foster, Josslyn Stiner, Rhonda Harrell, Joseph Adams Roz Foster, Rhonda Harrell, Josslyn Stiner, Roland Hoover The applicants that were appointed to a two-year term expiring on October 31, 2013 were: (1) Rosalie (Roz) Foster (non-resident) Brevard County Historic Preservation Committee; (2) Rhonda Harrell (non-resident) Historic Preservation Board Experience; (3) Josslyn Stiner (resident) Historian; and (4) Joseph Adams (resident) Historian (work experience only). Mayor Tulley opened the floor for nominations of applicants that would be considered for a one-year term. Mayor Tulley Deborah Petyk - resident Allen Kiesel non-resident Roland Hoover - resident Christopher Male non-resident Daniel Megivern resident Each Council Member was allowed three (3) votes from the applicants that were nominated. The votes were as followed: Mayor Tulley Roland Hoover, Christopher Male, Daniel Megivern Deborah Petyk, Roland Hoover, Daniel Megivern Daniel Megivern, Roland Hoover, Deborah Petyk Christopher Male, Deborah Petyk, Daniel Megivern Daniel Megivern, Roland Hoover, Deborah Petyk 4

5 The applicants that were appointed to a one-year term expiring on October 31, 2012 were: (1) Roland Hoover (resident) Other; (2) Daniel Megivern (resident) Engineer/Contractor; and (3) Deborah Petyk (resident) Realtor/Property Appraiser. Mayor Tulley advised Deborah Petyk was aware she would no longer be serving on the Planning and Zoning Commission Board if she were appointed to the HPB. Mayor Tulley opened the floor for two (2) nominations of applicants that would be considered as the alternate members. Richard Duell Judy Hencin Allen Kiesel Christopher Male Each Council Member was allowed two (2) votes from the applicants that were nominated. The votes were as followed: Mayor Tulley Richard Duell and Judy Hencin Christopher Male and Allen Kiesel Allen Kiesel and Richard Duell Judy Hencin and Allen Kiesel Christopher Male and Richard Dual The applicants appointed as the alternate members were Richard Dual and Allen Kiesel. Council then had to vote for the alternate member that would serve for a two-year term. The vote was as followed: Mayor Tulley Richard Dual Allen Kiesel Richard Duell Allen Kiesel Richard Dual Council appointed Richard Duell (resident) - Other as an alternate member to a two-year term to expire on October 31, 2013 and appointed Allen Kiesel (non-resident) nonlicensed architect as an alternate member to a one-year term to expire on October 31, PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Mr. Wheeler addressed Council regarding three (3) infrastructure issues that affected him personally, which were stormwater, sewer, and streets. He was currently having sewer 5

6 and drainage problems and had called various City departments, but was continuing to have the problems. Mr. Wheeler asked Council to assist him in resolving the issues. City Manager Ryan advised staff was aware of the problems. Interim Director of Water Resources Sean Staffer advised due to the extreme weather events that had occurred, the ability of the lift stations to send the water to the Blue Herron Plant were reduced. This caused difficulty with sewer services and staff was doing everything they could to alleviate those problems. City Manager Ryan advised staff would begin working on Mr. Wheeler s issues immediately and would research preventative options for future events. requested a full report and analysis on the three issues that included stormwater, sewer, and streets and requested staff include long-term solutions to resolve those issues. City Manager Ryan advised a report and analysis would be provided to Council. Stevi Schermi expressed concern regarding assistance for elderly homeless females and asked whether the City of Titusville was involved with the Brevard Homeless Coalition. City Manager Ryan advised the City s Neighborhood Services Department interacted with various social service entities. Ms. Schermi advised she knew of a 72-year-old female that was homeless, was in need of assistance, and was curious whether there were any organizations that might be able to assist her. City Manager Ryan recommended she contact Neighborhood Services Director Terrie Franklin at the Harry T. Moore Center to discuss her concern related to the homeless woman in need of assistance. He advised there was also the North Brevard Sharing Center on Hopkins Avenue that might be able to offer assistance. Laura Ward requested Council contact her if they had questions regarding Titusville Tower s and she would provide a telephone number for the Titusville Housing Authority Executive Director who would provide them correct information. She advised a question was previously asked by a Council Member regarding Titusville Tower s occupancy requirements and Council was given the incorrect answer. She provided the correct information. 6

7 CONSENT AGENDA moved to approve Consent Agenda Item A in accordance with recommendations upon reading. Member Pritchard seconded the motion. Consent Agenda was read as followed by City Manager Ryan. A. Resolution No Approve Highway Landscape Agreement for Marina Sidewalk Improvements - Adopt Resolution No supporting a Highway Landscape Agreement between the Florida Department of Transportation (FDOT) and the City of Titusville for the construction of a sidewalk within the SR5 (US#1) right-of-way from US#1 north bound to the City of Titusville Municipal Marina. In addition, authorize the Mayor to sign the agreement for that project. The roll call was: Mayor Tulley The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Ordinance No Proposed Alarm Ordinance Change City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES ALARMS BY REPEALING SECTIONS 3-1 THROUGH 3-6; BY ADOPTING A NEW ARTICLE I ENTITLED BURGLAR AND ROBBERY ALARMS SECTIONS 3-1 THROUGH 3-9; PROVIDING FOR INTENT; DEFINITIONS; PERMIT REQUIREMENTS; COMPLIANCE REQUIREMENTS AND FEES FOR FALSE ALARMS; BY ADOPTING A NEW ARTICLE II ENTITLED FIRE ALARMS SECTIONS 3-10 THROUGH 3-15; PROVIDING FOR INTENT; DEFINITIONS; REGISTRATION REQUIREMENTS; COMPLIANCE REQUIREMENTS AND FEES FOR FALSE ALARMS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only. City Manager Ryan advised the City of Titusville experienced a high number of false alarms each year. A false alarm was defined as, the activation of an alarm by any means which did not represent the designated condition. Those false alarms required hundreds 7

8 of person-hours, taking time away from Patrol Officers who would be responding to the community s crime problem and other law enforcement related concerns. Those false alarms also required a Police Records Clerk to spend, at a minimum, 20 hours per week, tracking those false alarms. His/Her duties included, tracking false alarms, providing warning notices, filing, researching, billing and overall coordination of false alarms in accordance with Chapter #3/Alarms of the City of Titusville s Ordinance Manual. The City spent approximately, just under $50,000 responding to and coordinating false alarms. Recently, the city generated just under $8500 in revenue from those who violated the City Alarm Ordinance. That meant it cost the City approximately $41,500 (or the price of one FTE (full time equivalent)) to respond to and track false alarms. The first step was to revamp/change the current ordinance to bring it in line with similar, national, model ordinances on false alarms. The second step would be to outsource the administration of the alarm ordinance to a third party. The cost to the City of coordinating false alarms would be reduced, practically to zero. The overall level of services to our citizens would increase. There was an anticipated reduction of false alarms. For example: Marietta Georgia reduced alarm calls 65% over a two-year period. Johnson City, Tennessee, reduced alarm calls 50.1 percent over a four-year period; and Union City, Tennessee, showed a reduction of 55.4 percent over a four-year period. Reduction in false alarms meant Titusville Police Officers could be proactive in other aspects. The outsourcing would eliminate the need for the Records Clerk to coordinate false alarms and allow him/her to work on other aspects within the records alleviating some of the issues created due to losses with FTE s. Lieutenant Clayton Bray of the Titusville Police Department (TPD) advised the proposed registration fee would cover the fee for monitoring and administering the alarm. expressed concern that the City would be liable if the Police Department did not respond to an alarm due to an individual failing to pay their false alarm fees. City Attorney Broome advised at that time he was not aware of a time the TPD refused to respond to an alarm. Typically, it was not monitored alarms that went off and any liability would be on a case-by-case basis. Lieutenant Bray advised if the administration of the alarm ordinance were outsourced to a third party, TPD would still maintain the discretion on how they would treat the burglary and robbery alarms. expressed concern with the language in Section 3-6(d) Discontinuance of Law Enforcement and recommended it be removed. 8

9 Discussion ensued on whether the language of Section 3-6(d) should remain in the ordinance or be modified by deleting the second sentence and/or changing the first sentence to allow days. recommended adding the following language to Section 3-6(d) it will be at the discretion of the Police Chief or City Manager. City Attorney Broome advised he would look at alternative language for the ordinance and bring back recommendations to Council if they desired to table the item. Mayor Tulley recommended three (3) changes to the ordinance in section 3-6(d); (1) Remove the last sentence, (2) Change 30 days to 60 or 90 days, (3) It would be at the discretion of the City Manager not the Police Department. advised he was not in favor of deleting the last sentence of paragraph (d) on page 117 and 118 of the agenda packet. recommended adding language to incorporate tiers for obtaining payments. recommended adding language that would include extreme circumstances. Member Pritchard moved to table Ordinance No Proposed Alarm Ordinance Change to the regular City Council meeting on November 8, 2010 to allow staff additional time to research Council s concerns, which included whether the City would be liable if the Police Department did not respond, adding language to Section 3-6(d) that it will be at the discretion of the Police Chief or City Manager, and adding language to incorporate tiers for obtaining payment. seconded the motion. The motion carried unanimously. Ordinance No Amending Section 2-26 of Code (Rules of the City Council) City Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING SECTION 2-26, RULES OF THE CITY COUNCIL, BY AMENDING RULE 1 BY ADDING AN ADDITIONAL COUNCIL MEETING SPECIFICALLY FOR SPECIAL RECOGNITIONS AND PRESENTATIONS ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only. City Manager Ryan advised earlier this year, the City Council initiated a pilot program of holding a 5:30 p.m. special meeting on the fourth Tuesday of each month for the purpose of conducting business pertaining to special recognitions and presentations. At the August 23, 2011 City Council Meeting, staff was advised of the desire of the City Council to memorialize this special meeting into the Code of Ordinances. 9

10 Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. moved to approve Ordinance No Amending Section 2-26 of the Code of Ordinances, amending the Rules of the City Council as recommended. Vice- Mayor Johnson seconded the motion. The roll call was: Mayor Tulley The motion carried unanimously. Ordinance No Density Recalculations for Assisted Living Facilities in Medium Density Multifamily (R-2) Zoning City Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION (i), OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING THE TITLE FROM ADULT CONGREGATE LIVING FACILITY (ACLF) TO ASSISTED LIVING FACILITY (ALF) AND AMENDING THE DENSITY CALCULATIONS AND COMMON SPACE AND RECREATIONAL OPEN SPACE CRITERIA FOR AN ASSISTED LIVING FACILITY IN THE MULTIFAMILY, MEDIUM DENSITY RESIDENTIAL (R-2) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Manager Ryan advised on August 9, 2011, the City Council provided advisability to amend the Assisted Living Facilities regulations within the Medium Density Multifamily (R-2) Zoning district for the purpose of providing a bed density equivalent to the unit density of the R-2 zoning district. Staff reviewed the regulations of all the cities within Brevard County and Brevard County provided the information in the analysis section of the report. Staff provided various methodologies to provide a density equivalent for beds instead of units. This item was heard by the Planning and Zoning Commission on October 5, Planning and Growth Management Director Courtney Barker advised that included in the agenda packet were four (4) separate methodologies to provide a density equivalent for 10

11 beds instead of units. She advised staff recommended Method 4 that used the minimum average room area required in the R-2 zoning and was then divided by the minimum room area for the last three ALF projects, approved by the City, to create a ratio usable for comparison. Planning and Growth Management Director Barker advised in order to make sure the open space requirements were not compromised; the open space requirements were changed from unit to bed. She advised staff recommended approval of Ordinance No Mayor Tulley opened the public hearing John Evans presented a proposal for an ALF to Council from a company he was representing and outlined the proposed R-2 ALF density calculations. He asked Council to either adopt the staff recommendation of 20 units per acre and if that was not acceptable, to at least put the top density at 16 units per acre. Planning and Growth Management Director Barker advised in order to allow the applicant to move forward, Council could pass an ordinance to address the density issue and staff would come back to Council with recommendations on other changes to the code at a later date. Rodney Honeycutt advised he was present to answer any questions. Laura Ward advised Council needed to re-examine amending the ALF regulations. She expressed 15 beds per acre were reasonable, but more open area per bed should be required. Mayor Tulley closed the public hearing. asked Jean Delvadia to address Council since she currently owned an ALF in a residential neighborhood. Jean Delvadia advised she currently owned an ALF in a residential neighborhood in Titusville and there was a waiting list for rooms. She was looking at renovating her facility to add more rooms. She had 27 residents at that time and 14 parking spaces and there were no problems with traffic or parking. She owned a very affordable facility. Discussion ensued on density limits and zoning of other ALF s in Titusville from the higher end cost of the spectrum to the affordable end of the spectrum. advised due to a conflict of interest with a client, she would need to abstain from voting on this item. She requested an additional fifty (50) feet of outside open recreational area, a minimum of a fifty (50) feet setback and language that clarified open space would be part of an improved or natural area. 11

12 moved to approve Ordinance No Density Recalculations for Assisted Living Facilities in Medium Density Multifamily (R-2) Zoning as written with the modifications to: Section 1(i)(6) to read Density limits: An ALF shall be reviewed per bed. An ALF shall have a maximum density limit of 16 beds per acre and Section 1(i) (8) should read: A minimum of one-hundred (100) square feet of Outdoor Recreation Area shall be required per bed. seconded the motion. The roll call was: Mayor Tulley Abstain The motion carried 4-0 with abstaining. clarified she was not in favor of changing to a higher density on Medium Density Multifamily (R2) Zoning. Council recessed at 9:44 p.m. and reconvened at 9:55 p.m. Mayor Tulley read the quasi-judicial procedures. Conditional Use Permit No Mayor Tulley advised staff wished to table this item. moved to table Conditional Use Permit No to the regular City Council meeting on October 25, seconded the motion. The motion carried unanimously. Conditional Use Permit No City Manager Ryan advised the applicant was requesting a Conditional Use Permit (CUP) at 3626 South Washington Avenue to maintain a conforming use for an ice vending building. The ice vending building was approved to be built in The application was in conjunction with a rezoning application for the same property to change zoning from Light Industrial to Regional Commercial zoning so that the property might be leased for retail type uses. 12

13 This item was in conjunction with a rezoning application that went to the Planning and Zoning Commission on September 7, The rezoning application received a motion to deny which failed by a vote of 3-3. The rezoning application then received a motion to approve which was denied by a vote of 3-3, as a result the application was denied. The CUP was recommended to be tabled. This item was sent back to the Planning and Zoning Commission by City Council on September 27, The Planning and Zoning Commission heard the item on October 5, Senior Planner Art Interiano advised the vote on this item by the Planning and Zoning Commission recommended approval, 7-0. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. moved to approve Conditional Use Permit No as recommended. seconded the motion. The roll call was: Mayor Tulley The motion carried unanimously. ORDINANCES-FIRST READING - None OLD BUSINESS - None NEW BUSINESS Citizens Budget Advisory Committee - City Manager Ryan advised the at its September 13, 2011 meeting, Council requested the Citizen s Budget Advisory Committee (CBAC) reconvene to discuss the continuation of the committee, frequency of meetings, the duties and responsibilities of the CBAC and to provide recommendations to Council regarding those issues. 13

14 Since that time, staff was informed that Member Powell submitted his resignation due to workload constraints and Chairman Hoyt submitted his resignation due to personal reasons. With a sad note, City Manager Ryan advised the public Mr. Hoyt had passed away. Staff requested Council accept the resignations of Chairman Hoyt and Member Powell.. Staff was also seeking Council s direction on whether to proceed with a solicitation for prospective members to fill the two vacant committee positions. moved to accept Chairman Hoyt and Member Powell s resignations with regrets. seconded the motion. The motion carried unanimously. Mayor Tulley advised staff was seeking direction to advertise for the vacant positions. He presumed Council wanted staff to advertise the City was seeking applications for the Budget Advisory Committee. asked for clarification whether the Mayor would appointment the Chairman for the Budget Advisory Committee as done previously. Mayor Tulley advised he would appointment the Chairman from the appointed members to the board. Consensus of Council was for staff to advertise for the board to receive applications from current members and new applicants to be considered for appointment to the committee. Stormwater Update and Interlocal Agreement for TMDL s - Stormwater Adiminstrator Lorraine Guise gave a powerpoint presentation providing an update of the water quality regulations that were effecting and impacting the stormwater utility and highlighted as followed: Stormwater Utility Update Purpose Definitions TMDL (Total Maximum Daily Loads) History BMAP (Basin Management Action Plan) Process North IRL (Indian River Lagoon) North IRL Project Zone A North IRL Project Zone B BMAP Procress Where are We in the Process? 14

15 Parallel Modeling Process Requested Action NPDES (National Pollutant Discharge Elimination) Public Outreach Programs Capital Projects Project To Reduce Nutrients Summary Requested Action Questions moved to extend the meeting to 11:00 p.m. seconded the motion. The motion carried unanimously asked for clarification why the City needed to provide funds to refine and update the TMDL. Stormwater Adiminstrator Guise advised the money would be used to assist in updating and refining the stormwater utilities in able to provide a more accurate information to assist in the BMAP. moved to authorize City Manager Ryan to execute an Interlocal Agreement with Brevard County regarding the City s participation in the effort to refine and update the TMDL and authorize expenditure of funds in the amount of $13,637 to refine and update the TMDL. Member Pritchard seconded the motion. The motion carried unanimolusly. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORTS Mayor James H. Tulley, Jr. Report Mayor Tulley provided a written report. Space Coast League of Cities Mayor Jim Tulley - Mayor Tulley advised he attended the Space Coast League of Cities meeting on October 10, Mr. Bob Lay, the County 15

16 Emergency Manager, spoke on the Mars Science Laboratory launch planned for November Mr. Lay advised it would have 10.6 pounds of plutonium dioxide aboard and assured the safety factor for the launch was very high and citizens did not need to be concerned. Mayor Tulley advised a proposal on to close up the internet sales tax loophole was also a topic of conversation. He asked Council whether they supported discussing this item at a future City Council meeting. Based on the discussion, Mayor Tulley requested City Manager Ryan and City Attorney Broome look at the sample resolutions from the Space Coast League of Cities and add that item to the October 25, 2011, regular City Council meeting agenda. Mayor Tulley advised he attended the Elected Official informational breakfast on October 11, 2011 at the Kennedy Space Center Visitor Complex. Dr. Cabana and some of his staff gave an update on employment numbers at Kennedy Space Center. Mayor Tulley asked for clarification on the status of the proposed Space Coast State Fair to be held at Sand Point Park in November City Manager Ryan advised the draft Memorandum of Understanding was just received and it would be an agenda item for the special City Council meeting scheduled on October 18, Mayor Tulley asked Council to reconsider the Interlocal Agreement with the County and the City on the Economic Development Zone, regarding the use of City staff as members on the Economic Development Zone Board. He advised it appeared staff did not have time to work on things outside of the City. City Attorney Broome pointed out the County ordinance already presumed that the County accepted the staffing requirements. Mayor Tulley asked Council to consider under Rule 13, Interlocal Agreement with the Economic Development Zone in order to reconsider the staffing of the Economic Development Zone Board. This was an item from the September 27, 2011 regular City Council meeting. would be excluded from voting as she previously voted in the affirmative to pass the Interlocal Agreement. moved to Rule 13 the passage of the Interlocal Agreement with the County and the City on the Economic Development Zone that was approved at the regular City Council meeting on September 27, 2011 in order to discuss Section 6(e) that read The economic development staff of the City, as designated by the City Manager, 16

17 may serve as staff to the District Board and shall perform, the administrative function of the North Brevard Development District. Member long seconded the motion. The motion carried 3-2 with and Member Pritchard in objection. The Interlocal Agreement with the County and City on the Economic Development Zone would be added to the October 25, 2011 regular City Council meeting agenda for reconsideration. North Brevard County Hospital District Board Council Member Martha Long advised she attended the North Brevard County Hospital District Board meeting on October 3, The Economic Development Zone interlocal agreement was discussed and from that discussion, a suggestion was made on how to help local businesses at no cost. advised she would research that suggestion and bring back information to Council at a future date. advised one of the board members asked whether the City was giving any consideration to changing the bid differential. City Manager Ryan advised the local vendor preference percentage was inhanced approximately two or three years ago and that was a significant increase. Since it was readdressed by Council and the decision by Council was that the parameters adopted previously were adequate. CITY MANAGER S REPORT City Manager s Report - City Manager Ryan submitted his written report. Due to the late hour of the meeting, the following action items were rescheduled to the regular City Council meeting on October 25, 2011: (1) Draft General Management Plan and Environmental Impact Statement for the Canaveral National Seashore; and (2) City Manager s Evaluation Process. City Manager Ryan highlighted the following information item: Update on Proposed Amtrak Service on the FEC Rail Corridor Included in the agenda package was a copy of an from Ms. Kim Delaney with the Treasure Coast Regional Planning Council providing an update on the proposed Amtrak passenger rail service on the FEC Corridor. 17

18 Mayor Tulley asked if Council has submitted their City Manager s Evaluations to City Clerk Wanda Wells. If not, all evaluations would need to be given to City Clerk Wells by the October 25, 2011 regular City Council meeting in order to move forward with the evaluation process. CITY ATTORNEY S REPORT City Attorney Broome advised included in the agenda packet was a memo with the proposed employment contract for himself with the City of Titusville for Council s consideration. moved to approve the employment contract with City Attorney Richard C. Broome as recommended. seconded the motion. The motion carried unanimously. With no further business, the meeting adjourned at 10:56 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk 18