xxx xxx Trey Gordon was present and gave the invocation. Mayor Tulley then led those present in the Pledge of Allegiance. xxx

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1 City Council Regular Meeting May 10, 2016 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, May 10, Mayor Jim Tulley called the meeting to order at 6:30 p.m. Present were Mayor Jim Tulley, Vice- Mayor Walt Johnson, and Members Martha Long, and Rita Pritchett. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Member Matthew Barringer was absent. Sr. Administrative Assistant Debbie Denman completed the minutes. Trey Gordon was present and gave the invocation. Mayor Tulley then led those present in the Pledge of Allegiance. Mayor Tulley read the public speaking procedures for the meeting. MINUTES - None SPECIAL RECOGNITIONS & PRESENTATIONS Sand Point Splash Pad Funding City Manager Larese advised that through a Community Effort that included the Kiwanis, Rotary Club, Rotary Morning Club, Forty Days of Generosity, and the Severs Family, money was raised to assist in funding the Splash Pad at Marina Park. Members from the Kiwanis, Rotary Club, the Rotary Morning Club, Forty Days of Generosity, and the Severs Family presented the City a check for $211,799 to assist with funding the Splash Pad at Marina Park. Mayor Tulley accepted on behalf of the City. Dwight Severs commended and thanked all the participants that assisted with providing the donation for the Splash Pad and stated that he hoped the Council would move forward with the budget amendment that would allow the City to assist in funding the project. 1

2 Vice-Mayor Johnson moved to approve donation agreement format authorizing the City Manager and City Attorney to make changes, as needed. Member Long seconded the motion. City Attorney Broome advised that additional language was added to the Donation Agreement Format and it was included in the agenda package. The language included that the splash pad would be known as the Titusville Splash Pad and he wanted to make sure Council was aware of the additional language. Vice-Mayor Johnson stated that his motion included that the splash pad would be known as the Titusville Splash Pad. Member Long s second held. The motion carried unanimously. BOARDS AND COMMISSIONS Leave of Absence for Titusville Environmental Commission (TEC) Member Alex Chamberlain TEC Member Alex Chamberlain requested a leave of absence for the six-month period from May 2016 to October 2016 as he would be out of the state during that time. Stan Johnston stated that he felt that Council should grant Mr. Chamberlain s request and asked that the Council approve the leave of absence. Member Long moved to approve the request for leave of absence by Titusville Economic Commission Member Alex Chamberlain for the six-month period from May 2016 to October 2016, as requested. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. Titusville Environmental Commission Recommendation Regarding Fracking City Manager Larese advised that at the March and April 2016 meetings of the Titusville Environmental Commission (TEC), the topic of fracking was discussed and the TEC recommendation that was included in the agenda package, was a product of those discussions. Subsequent discussion with the Brevard County Attorney s Office informed City staff that the County's ordinance would prohibit fracking activity within each of the County's municipalities as well as the unincorporated areas of Brevard County. Therefore, the staff recommendation was to pass a resolution in opposition to fracking and in support of the County s ordinance prohibiting fracking. 2

3 TEC Member Michael Myjak provided a report on fracking. He stated that the Puget Sound Healthy Energy Research Institute Organization provided research on what they called unconventional natural gas development and the result of that assessment, in summary, was that the majority of study s indicated that many hazards, elevated risks, and adverse impacts to the environment and public health existed from fracking. Vice-Mayor Johnson moved to allow Michael Myjak an additional two minutes to speak. Member Long seconded the motion. The motion carried unanimously. TEC Member Myjak provided potential environmental impacts of the hydraulic fracking for Council. City Attorney Broome stated that if Council desired, he would provide a memo on the issue of fracking that would advise the Council what impact the County ordinance had on the City, what impact legislation would have on the City, and the pros and cons. Member Pritchett moved to approve the City Attorney to review and bring back a recommendation at the next regular meeting related to drafting either a resolution or ordinance or both. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. Titusville Housing Authority The request was to accept the Titusville Housing Authority s Semi-Annual report as written. Member Long moved to approve the Titusville Housing Authority s Semi-Annual report, as written. Member Pritchett seconded the motion. The motion carried unanimously. North Brevard Library District Board The request was to accept the North Brevard Library District Board s Semi-Annual report as written. Vice-Mayor Johnson moved to approve the North Brevard Library District Board s Semi-Annual report, as written. Member Long seconded the motion. The motion carried unanimously. City Manager Larese requested that Council hear the two action items under the City Manager s Report next in the meeting. 3

4 Member Pritchett moved to hear the two action items under the City Manager s Report next in the meeting. Member Long seconded the motion. The motion carried unanimously. City Managers Report Action Items Letter of Support for Modification of Sculptor School Visitor Policy City Manager Larese advised that per City Council direction, included in the agenda package was a letter of support for a proposed resolution presented by a Sculptor Charter School student requesting the school s Board of Directors amend their current visitor policy to allow foreign students to attend the school for short periods of time. Staff requested Council authorize the Mayor to sign the letter of support included in the agenda package. Vice-Mayor Johnson moved to authorize the Mayor to execute a letter of support for a proposed resolution presented by a Sculptor Charter School student requesting the school s Board of Directors amend their current visitor policy to allow foreign students to attend the school for short periods of time. Member Long seconded the motion. The motion carried unanimously. Resolution No to Select Harry T Moore to represent Florida in the U.S. National Statuary Hall City Manager Larese advised that as directed by Council at the April 22, 2016 regular meeting, staff revised the draft resolution, which requested the Florida Legislature and Governor select Harry T Moore to represent Florida in the U.S. National Statuary Hall in the United States Capital. The request was for Council to act on the resolution included in the agenda package. William Gary asked that the Council vote in favor of Resolution No Member Pritchett moved to approve Resolution No to Select Harry T Moore to represent Florida in the U.S. National Statuary Hall in the United States Capital, as requested. Vice-Mayor Johnson seconded the motion. 4

5 The roll call was: Member Pritchett Member Long Mayor Tulley Vice-Mayor Johnson The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Dennis Collins stated that Titusville Section 2 Protective Association Agency asked that he speak on their behalf and requested that the City take over a private road (Cashew Courtway). He advised that it was 1/10 of a mile and it had over 50,000 vehicles travel that street in the past year. Vice-Mayor Johnson moved to direct the City Manager review the request to determine whether there was a benefit to transfer the Cashew Courtway from a private road to a public road. Member Long seconded the motion. The motion carried unanimously. Joe Hill expressed concern regarding a letter he received advising him that a permit application for construction of a driveway and related traffic control devices on State Road 50 (Cheney Highway) just east of Barna Avenue was submitted by CPH, Inc. He stated that the proposed construction would block in his neighborhood and would allow only one (1) way in and out. He asked Council to assist in stopping the proposed construction and conduct a safety evaluation. Council requested the City Manager review Mr. Hill s concern/request and report back. Kevin Rosa commented regarding the construction of a driveway and related traffic control devices on State Road 50 and advised that the maps provided by CPH, Inc. were incorrect regarding the proposed ingress and egress into Indian River Heights. Stan Johnston commented on a letter he received from the St. Johns River Water Management District. He stated that he was concerned over who was accountable for the City s 100 year flood plain. 5

6 Michael Myjak asked that the Council consider when the City really needed to draft an ordinance in a timely fashion. CONSENT AGENDA Member Pritchett moved to approve Consent Agenda Items A through K in accordance with recommendations, upon reading. Vice-Mayor Johnson seconded the motion. Consent Agenda was read as followed by City Manager Larese. A. Purchase of Body Cameras for TPD Officers - Appropriate and approve the use of Police Department Forfeiture Funds to purchase Body Cameras from Taser International in the amount of $61, B. Change Order # 2 - Building Grounds Maintenance - Approve the award of change order # 2 in the amount of $26,580 to JB's Lawn Control, Inc. of Titusville Florida to add additional properties to the existing contract for lawn service. C. Advisability to Amend Code Related to Boat Shows - Approve advisability to amend Chapter 11, Licenses and Business Regulations, regarding boat shows. D. Hopkins Avenue Complete Street - Landscape and Irrigation Consultant Selection - Approve final ranking of consultants for Hopkins Avenue Complete Street Landscape and Irrigation Design Services and authorize staff to conduct contract negotiation with CPH, Inc. of Sanford, FL the number one ranked firm, and if the City was unable to negotiate a satisfactory contract with CPH, terminate negotiations with said firm and undertake negotiations with the second ranked firm and so on. E. Work Order - ECTSW004 Water Quality Improvements - Approve the award of work order ECTSW004 to Environmental Consulting & Technology, Inc. for the identification and preliminary design of four watershed water quality improvement plans in the amount of $83,720; approve associated budget amendment and authorize the City Manager to execute the work order. F. Draa Field Stormwater Park Project Change Order and Budget Amendment - Approve the award of change order #4 to Jordan Brother's Construction, LLC of Orlando, Florida in the amount of $6, to install a FPL electrical service line to the existing bathroom at the Draa Field Stormwater Park to power both the restroom and the site amenities. Additionally, approve the budget amendment and authorize the City Manager to execute the change order. G. New Master Lease Agreement Addendum Schedule 02 to Purchase Eleven Police Vehicles and One Mowing Tractor - Request approval of (8) Ford Interceptor Cars with 6

7 radios, (2) Chevrolet Equinox SUVs, (1) Ford F-250 Truck, to replace 12 vehicles being dead lined from the Police Fleet and (1) John Deere Tractor/Mower which was an addition to the Street Departments Mowing Fleet and approve related Resolution No H. Purchase of Vehicles for Citywide Motor Pool Program - Approve the award of bid to Duval Ford of Jacksonville, Florida and the use of the Florida Sheriffs Association contract for the purchase of two (2) small size utility vehicles in the amount of $37,378. Additionally, approve the associated budget amendment transferring sufficient funds to a new capital outlay project for this purchase. I. Replacement HVAC System for Water Production Administration Offices - Approve a budget amendment transferring $9,410 from Contingency Unreserved to Project Z01604, and the award of contract for Bid No 16-B-030 to Comfort Service Heating & Air, Inc., Titusville, FL in the amount of $67,410 for the replacement of the HVAC system for the Water Production Administration Offices; and authorize the Mayor to execute the contract. J. Resolution No Approve Resolution No commending outstanding students from North Brevard Area Schools for K. CRA Budget Amendment for Downtown Improvements - Approve the Budget Amendment. The roll call was: Member Long Mayor Tulley Vice-Mayor Johnson Member Pritchett The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Mayor Tulley read the Quasi-Judicial rules of procedure. Mayor Tulley advised that he drove by some of the sites, but had not talked with anyone regarding the agenda items. He stated that he did receive an regarding agenda Item-9A- CUP No

8 Member Long advised that she had conversation with a resident regarding agenda Item-9A-CUP No Conditional Use Permit (CUP) No to Permit a Convenience Store with gas Pumps at 4540 and 4560 S. Washington Avenue in the Indian River City Neighborhood Commercial (IRCN-C) Zoning District City Manager Larese advised that the applicant, Chris Ossa, P.E., on behalf of the owners John Stonewall and Narendra Modha, requested a Conditional Use Permit for a 4,953 square foot Cumberland Farms convenience store with 8 fuel dispensers on two properties totaling acres at the northwest corner of U.S. Highway 1 and Cheney Highway, in the Indian River City Neighborhood-Commercial (IRCN-C) zoning district. Staff recommended approval of this request for a CUP. The Planning and Zoning Commission recommended approval, 5-0. Mayor Tulley opened the public hearing. Adrienne Trent, Esquire withdrew her card. Laura Ward asked whether the applicant or a representative would provide a presentation on this item. Chris Ossa, P.E., advised that he was with Atkins, the consultants working with Cumberland Farms, Inc. on the proposed redevelopment of property and provided background information related to the request of the Conditional Use Permit. Member Long recommended that No right turn onto Mt. Vernon Avenue be included as a condition. City Attorney Broome highlighted the quasi-judicial rules of procedure and proposed that if any Council Member had conversation with anyone regarding a quasi-judicial item to disclose those conversations. Member Long advised that she had a telephone conversation with Laura Ward regarding her concern and others in the neighborhood with the traffic on Mt. Vernon Avenue. Ms. Ward relayed to her that the applicant agreed that there would be only a left hand turn out of the gas station. Mayor Tulley advised that he received an from Cynthia Shepard who lived on Mt. Vernon Avenue and her concerns were on the historic appearance of the area and whether another gas station was needed in the area. Mayor Tulley advised that he did not respond to that . Laura Ward recommended the following conditions: 1) No right turn onto Mt. Vernon Avenue, 2) Lights must not impact surrounding residences, and 3) dumpster was to be below grade of Mt. Vernon Avenue. 8

9 Community Development Director Peggy Busacca highlighted the City s Code regarding lighting. She advised that staff ensures that there would be a review of lighting fixtures to confirm they met the lighting code. Ed Springer stated that his community was in agreement of the convenience store and welcomed the facility to Indian River City. Mayor Tulley closed the public hearing. Member Pritchett moved to approve Conditional Use Permit (CUP) No to permit a Convenience Store with gas pumps at 4540 and 4560 S. Washington Avenue in the Indian River City Neighborhood Commercial (IRCN-C) Zoning District, as recommended with conditions: (1) No right turn onto Mt. Vernon Avenue and (2) Dumpster would be below grade of Mt. Vernon Avenue. Vice-Mayor Johnson seconded the motion. The roll call was: Mayor Tulley Vice-Mayor Johnson Member Pritchett Member Long The motion carried unanimously. Development Agreement (DA) No for the Outparcel Development at Titus Landing - City Manager Larese advised that the Applicant, Honeycutt & Associates, on behalf of the owner Titusville Harrison One, LLC, submitted a Development Agreement (DA) to allow the construction of two retail buildings on three (3) parcels located at 2412, 2460, and 2480 South Washington Avenue. The three (3) parcels subject of this request totaled approximately 2.56 acres in size. The two new retail buildings would total approximately 11,000 square feet. Exhibits C1 and C2 of the Development Agreement included in the agenda package illustrated how the proposed buildings would be located on the three (3) properties. The applicant requested a total of nine (9) variances as part of this Development Agreement. Staff Report Appendix A described the requested variances in comparison to the minimum standards required by the Land Development Regulations. Staff Report Appendix B described the requested variances, the need for each variance provided by the applicant, and enhancements proposed by the applicant. The Planning and Zoning Commission recommended approval, 5-0. Mayor Tulley opened the public hearing. 9

10 Rodney Honeycutt stated that the request was to allow two out parcels at Titus Landing to be developed and highlighted the nine (9) variances requested by the applicant that included: To allow no five foot wide required perimeter planting strip around buildings, to allow a landscape strip less than the required 10-feet requirement along all property lines not fronting on a public street, to allow the reduction of the width of parking spaces to 9, to allow stormwater retention, and to allow loading & unloading areas. Doug Kaiser, Excel Project Management, stated he had worked on the Titus Landing project for a couple of years. He pointed out that they were challenged with making two different parcels with two different zonings, work together as if they looked like they were one. Mr. Kaiser highlighted reasons behind several of the variance requests. Cliff Aiken, Excel Project Management, provided an update on the progress of the Titus Landing project. Mayor Tulley closed the public hearing. Vice-Mayor Johnson moved to approve Development Agreement (DA) No for the Outparcel Development at Titus Landing, as recommended. Member Pritchett seconded the motion. The motion carried unanimously. Easement Vacation (EAS) No City Manager Larese advised that a petition (Easement Vacation #1-2016) was received from Ms. Jan Hoover, to vacate a public utility and drainage easement. The easement was located east of a single family home at 2080 Heritage Drive. The easement was encroached upon by the construction of the existing single family home built in The responsible agencies had no objections to the easement request. The Planning and Zoning Commission recommended approval, 5-0. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. Member Pritchett moved to approve Easement Vacation (EAS) No and Resolution No to vacate a public utility and drainage easement at 2080 Heritage Drive, as recommended. Member Long seconded the motion. 10

11 The roll call was: Vice-Mayor Johnson Member Pritchett Member Long Mayor Tulley The motion carried unanimously. ORDINANCES-FIRST READING Ordinance No Amending Chapter 11 Licenses and Business Regulations Article VI Motion Picture Theaters City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 11 LICENSES AND BUSINESS REGULATIONS, ARTICLE VI MOTION PICTURE THEATERS, SPECIFICALLY REMOVING SECTIONS LIGHTING, SEATING, FOOD, AND ALCOHOLIC BEVERAGES, AND BY AMENDING SECTION ADMINISTRATION AND ENFORCEMENT BY THE BUILDING OFFICIAL BY PROVIDING FOR ENFORCEMENT BY THE ADMINISTRATOR; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only. City Manager Larese highlighted the request included in the agenda package. OLD BUSINESS None NEW BUSINESS Mid-Year 2016 Financial Review - City Manager Larese advised that Section 2087 of the City of Titusville Code required the City Manager to furnish an in-depth analysis of the budget and financial condition of the City at the midpoint of each fiscal year. Through the midpoint of Fiscal Year 2016, revenues continue to track consistently with the budget, along with the State of Florida continuing to project that municipal shared revenues would meet budget and all other significant revenues were tracking according to historical records. 11

12 Staff was seeking approval of the mid fiscal year budget amendments included in the agenda package. Finance Director Bridgette Clements provided the Mid-Year Budget Review FY 2016 that included the City Ordinance Code, City Policy FY 2016 Revenues and Expenditures, FY 16 Mid-Year Proposed Budget Adjustments, FY 2016 Mid-Year Department Requests, and FY 2016 Mid-Year Conclusions. Member Pritchett requested staff provide Council additional information related to the cost of health insurance at a future date. Assistant City Manager Tom Abbate provided the City of Titusville Strategic Plan Goals and Priority Objectives FY 2017 Gateway to Nature and Space. He asked Council to consider adding Accelerate Initiatives and Actions to Improve the Health of the Indian River Lagoon as a new objective under Sustain a High Quality of Life. Stan Johnston stated that he felt items were omitted from the mid-year budget review regarding stormwater funds, what Stormwater management included, and the goals for the Stormwater Department that included protecting homes from the 100-year flood plain. Member Long moved to accept the FY 2016 Mid-Year Financial Review and approve the proposed budget amendments for the Fiscal Year's Quarter Ending March 31, 2016, as recommended and to include adding Accelerate Initiatives and actions to improve the health of the Indian River Lagoon as a new objective under Sustain a High Quality of Life. Member Pritchett seconded the motion. The motion carried unanimously. Area 2 Watershed Letter of Map Revision (LOMR) Report - City Manager Larese advised that on January 19-20, 2015, FEMA conducted a community assistance visit (CAV). The purpose of CAV was to determine the effectiveness of the City s floodplain management programs. The report of findings, dated May 14, 2015, included the comment to submit a request for revision to the City's Flood Insurance Rate Map (FIRM) that incorporated the Senior Center project. Subsequently, the City contracted with Geosyntec to perform the necessary engineering study to address the CAV report comment. The results of the engineering report, due to FEMA on April 26, 2016, were recently completed by Geosyntec and would be presented to Council by a representative of Geosyntec sub-consultant, Gemini Engineering. Staff s recommendation was to accept the report and approve the submittal to FEMA. A powerpoint presentation Project Update Area Two Watershed Floodplain Related Services was provided by Tom Amsadt and Ki Pac of Geosyntec Consultants that included: Scope of Work Tasks, Original Regional Model Layout, Revised Detailed Model Layout, Effective

13 year Floodplain Revision, Proposed 100 Year Floodplain Revision, Study Conclusions, and Next Steps. Stan Johnston stated that he was unable to review the field investigation and survey report. He advised that the report would need to include actual high-water marks, stormwater events, and that the data would need to be verified. He felt it would be premature to accept the report until staff had given their approval. Member Long moved to accept the Area 2 Watershed Letter of Map Revision (LOMR) Report and approve submittal to FEMA, as recommended. Member Long seconded the motion. The motion carried unanimously. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor s Report Mayor Tulley submitted a written report. CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted as followed: Informational Items: Scrivener s Error Correction to Sludge Thickner Project Contract with L7 Construction Bus Shelter Update Clarification to CUP Conditions Special Meeting and Events Police Hall of Fame Law Enforcement Officer Annual Memorial Service, May 20, 2016, 7:45 pm, Police Hall of Fame Red, White and Boom! July 4th Celebration, July 4, 2016, 7:00 p.m., Sand Point Park 13

14 Partnership in the Park, May 22, 2016, 2:00 p.m. to 5:00 p.m. Isaac Campbell Park CITY ATTORNEY S REPORT - None With no further business, the meeting adjourned at 9:08 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk 14