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

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1 City Council Regular Meeting November 10, 2015 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, November 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 Matthew Barringer, Martha Long, and Rita Pritchett. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Pastor Sandy McHardy of the New Beginnings Ministries Worship Center was present to give the invocation. Mayor Tulley then led those present in the Pledge of Allegiance. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Vice-Mayor Johnson moved to approve the minutes of the regular City Council meeting of September 22, 2015 (6:30 p.m.), as submitted. Member Pritchett seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS TIFA, LLC and Area IV Wellfield TIFA, LLC Management Representative Dwight Severs provided an update on the TIFA, LLC and Area IV Wellfield that included a semi-annual report of TIFA LLC operations and an update on the construction of the Area IV Wellfield. Included in the agenda package was a prior report of February 24, 2015 and minutes, update status of well field construction Area IV, watch list, and retirement letter. Mr. Severs provided the recommendation that the City hire an outside legal consultant and hydrologist.

2 Member Long asked Mr. Severs to be present during the annual budget presentation and Mr. Severs stated he would present at that meeting. Mayor Tulley thanked Mr. Severs for his service to the City. Stan Johnston stated that he spoke to Council in November of 2013 regarding the wellfield and his concerns at that time were wellfield spacing and allegations of over pumping. He asked that Mr. Severs add to the watch list: 1) Restriction duration of pumping of wells, 2) The restriction of duration of pumping of wells also related to rate of pumping and time lapse to begin pumping again, and 3) provide testing. BOARDS AND COMMISSIONS North Brevard Library District Board Mayor Tulley advised that the North Brevard Library District Board Semi-Annual Report was a written report only. Member Long moved to approve the North Brevard Library District Board s semi-annual report, as written. Member Pritchett seconded the motion. The motion carried unanimously. Member Long moved to hear New Business agenda item 12A - Housing Replacement Program Assistance Anna Drive, immediately after Petitions and Request From the Public Present. Member Barringer seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Robert Alouso stated that he was looking for land to build a bike trail on that would be for everyone to use. He tried to obtain information regarding bike parks and was not successful. He advised that he was not asking for money; however, was requesting just a donation of land, and that he would provide the time and labor. He would also obtain free helmets and bikes for those that could not afford them. Mayor Tulley provided the bicycle initiatives that were already in process. Mr. Alouso stated that he wanted to build unpaved trails. His objective was to provide a place for kids to exercise and get out and enjoy nature.

3 Mayor Tulley recommended Mr. Alouso contact Community Development Director Peggy Busacca to discuss his plans. Dwight Severs encouraged the City to support the Splash Park at Sand Point Park, make it a priority, and follow it through to completion. City Manager Larese provided the City s efforts toward making the Splash Park a reality. He stated that the Splash Park was a City priority and that it would become a reality, hopefully by June of Stan Johnston stated that he was concerned that he was unable to have conversation regarding an issue he had with the Flood Plain Map. He felt that missing from the map was approximately four (4) acres of ponds and dams and because of that inconsistency, he felt that made the map fraudulent. He requested that the person responsible for the inconsistencies be held accountable. New Business Agenda Item 12A Housing Replacement Program Assistance 2306 Anna Drive City Manager Larese advised that in accordance with the Housing Rehabilitation Program policies and procedures guidelines adopted by City Council, whenever rehabilitation or construction costs under the program exceeded $50,000, approval must be obtained from City Council. As outlined in the policy, should a determination be made that an eligible unit required more than the maximum $60,000 in rehabilitation costs allowed, staff could determine that it would be more cost effective to replace the existing unit under the Replacement Program rather than attempt to rehabilitate the unit. The owner of the home located at 2306 Anna Drive initially applied for assistance under the Housing Rehabilitation Program in However, as part of the assessment process for the Program, staff found the home to be unsafe and in need of extensive repairs. Subsequently, the property was deemed uninhabitable by the Building Official; therefore, the property was transferred to the Replacement Program waiting list. The Estepp's were an extremely low-income "special needs" household of seven: two adults and five children, ranging in ages from two to eight years old. Staff completed the Program's eligibility process for the household and found that all criteria had been met, and the household had been deemed eligible for assistance. Staff was seeking Council's authorization for assistance to this applicant under the Housing Replacement Program in order to move forward in the process. In the event, this request was not approved, the City would be unable to assist the homeowner and the family would likely become homeless.

4 Mayor Tulley asked how much money would be remaining in the account to assist others, if the request was approved. Neighborhood Services Director Terrie Franklin advised that there was enough money in the account to assist this applicant for replacement of their home and five (5) additional applicants to refurbish their homes. The fund would be replenished in July of Michael Tiller stated that he was the Pastor at the Mims House of Prayer. The Estepp family was members of his church and he was before Council as a character witness for them. He asked that the Council consider the Estepp family for the Housing Replacement Program. Mayor Tulley asked whether the Mims House of Prayer was able to provide any type of support to assist with the replacement of the Estepp home. Pastor Tiller advised that the Mims House of Prayer was a very small church and was not able financially to provide support. Roberta Schlegel advised that she had known Ms. Estepp for a long time and that she was present to support the Estepp Family. She asked the Council to approve the request to replace the Estepp s home. Member Long asked whether the Estepp Family would have support to assist with the maintenance of a new home. Ms. Schlegel stated that she would be willing to offer assistance. She worked for Hidden Potentials and she was in the process of consulting with them to see whether they would also be able to offer assistance. Ruby Muncy stated that she was the daughter of Ms. Estepp. She stated that her mother had a lot of assistance from herself, the church, and an extended family. She advised that the Estepp residence was the family home for many years and that they were not going anywhere. She stated that the family appreciated the opportunity and hoped the Council would approve the request. Mayor Tulley asked whether family members had the means to assist with the replacement of the Estepp home. Ms. Muncy stated that the family did not have the financial means to assist with the replacement of the home, but could help with physical labor. Member Pritchett stated that she was concerned with building a $100,000 home that would instantly lose value once construction was complete. She requested that the Council be kept up to date on the funding expenditures and the building plans, if the request was approved.

5 Member Long moved to approve assistance under the Housing Replacement Program for property located at 2306 Anna Drive, as recommended. Member Barringer seconded the motion. Vice-Mayor Johnson asked whether the relocation of the Estepp family was part of the Housing Replacement Program. Neighborhood Services Director Franklin advised that relocation was not part of the Housing Replacement Program. Relocation was avoided as that would create additional regulations the City would be responsible for, that would include moving expenses and temporary housing. Vice-Mayor Johnson asked that staff research future request and whether it would be more efficient financially to rebuild a home or relocate a family. Mayor Tulley recommended that the family receiving the assistance provide some type commitment of what they would offer to put into the home. Member Barringer advised that he also had concern with over paying for something that would be devalued the moment it was completed, but he also understood that there was room for process improvement and moving forward engaged that process improvement for better outcomes, but also met the needs of the citizens. Mayor Tulley recommended that the Council consider requiring staff track the housing values on streets where the City replaced or refurbished homes. This would assist in knowing whether the whole neighborhood improved after the replacement or refurbishment of a home. The motion carried unanimously. CONSENT AGENDA City Manager Larese withdrew Consent Agenda Item A - Award of Contract - Main Street Streetscape Improvements. City Clerk Wells advised that there was a Citizen Speaking Card for Consent Agenda Item 8C - Collective Bargaining Agreement between the Laborers International Union of North America Public Employees Local 678 and the City Titusville. Member Pritchett moved to approve Consent Agenda Items B and D through J in accordance with recommendations, upon reading. Vice-Mayor Johnson seconded the motion.

6 Consent Agenda was read as followed by City Manager Larese. B. Resolution No Encouraging State Legislation Relating to Disposable Plastic Bags Adopt Resolution No encouraging State Legislation relating to disposable plastic bags. D. Collective Bargaining Agreement between the Florida State Ledge Fraternal Order of Police Inc. (Sgt., Cpl., Officers and 911 Emergency Dispatchers Unit) and the City of Titusville - Approve the Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. and the City of Titusville. E. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. (Lieutenants Bargaining Unit) and the City of Titusville - Approve the Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. (Lieutenants Bargaining Unit) and the City of Titusville. F. Purchase of Public Works Tractor - Approve the use of the Florida Sheriffs Association contract for the purchase of a right-of-way mowing tractor with bush hog in the amount of $78,405 from Everglades Farm Equipment of Leesburg, Florida. G. Annual Whiteway Pole Agreement - Approve the award of annual contract, with an initial term of one (1) year and four (4) optional one (1) year renewals, to Graybar Electric of Melbourne, FL for the purchase of replacement whiteway lighting poles with an authorized annual cost of $50,000; and authorize the City Manager to execute the contract. H. Purchase of Police Vehicles - Approve the use of the Florida Sheriffs Association contract for the purchase of eight (8) 2016 patrol vehicles from Duval Ford Fleet Sales in the amount $336,248.00; two (2) 2016 undercover vehicles from Garber Chevrolet Buick GMC in the amount of $59,876.00; one 2016 Ford Pick-Up Truck from Duval Ford Fleet Sales in the amount of $34,048.00; and eight (8) radios from Communication International for the eight 2016 marked Ford Interceptors in the amount of $32, I. Acceptance of Easement from UG Titusville, LLC for the Whistle Junction Retail Building on Columbia Boulevard - Accept a Utility Easement from UG Titusville, LLC for the Whistle Junction Retail Building on Columbia Boulevard. J. Acceptance of Easement - Bellsouth Telecommunications, LLC for AT&T Generator Depot on Flake Road - Accept a Utility Easement from Bellsouth Telecommunications, LLC for the AT&T Generator Depot on Flake Road.

7 The roll call was: Member Pritchett Member Long Mayor Tulley Vice-Mayor Johnson Member Barringer The motion carried unanimously. Consent Agenda Item 8C Collective Bargaining Agreement between the Laborers International Union of North America Public Employees Local 678 and the City Titusville City Manager Larese advised that on October 19, 2015, the City and LIUNA reached a tentative agreement with respect to contract negotiations. Subsequently, the City was informed on October 26, 2015, the contact ratification vote held on October 26, 2015 passed by a majority vote. Stan Johnston read from Article 12 - Legal Protection of the agreement between the City of Titusville and the Florida State Lodge Fraternal Order of Police Incorporated. Mayor Tulley advised that Article 12 was previously agreed upon by both the City and the Union was and not one of the Articles being considered under that agenda item. He asked that Mr. Johnston comment on those articles only. City Manager Larese clarified that this item dealt with LIUNA and had nothing to do with police. Vice-Mayor Johnson moved to approve Collective Bargaining Agreement between the Laborers International Union of North America Public Employees Local 678 and the City Titusville, as recommended. Member Long seconded the motion. The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Ordinance No Granting an Economic Development Ad Valorem Tax Exemption to Project Flotilla Falcon Marine, LLC - City Manager Larese advised that the Economic Development Commission of Florida's Space Coast was working with Falcon Marine, LLC on the renovation and expansion of their existing facility at 5225 S. Washington Avenue, Titusville, Florida. Falcon Marine, LLC would employ up to 65 net new employees with an average wage of $44,500. The company proposed to invest up to $2.9 M in new construction and new personal property. The Space Coast Economic

8 Development Commission (SEDC) recommended an 8-year 80% abatement at the October 12, 2015 Executive Board meeting. The Economic Development Commission (EDC) of Florida's Space Coast Ad Valorem Tax (AVT) Council recommended an 8-year 80% abatement on October 23, Additional information was requested at the first reading of Ordinance that included a Job Creation Distribution Worksheet. It was included in the explanation summary and background included in the agenda package. City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA ALLOWING FOR AN AD VALOREM TAX ABATEMENT TO FALCON MARINE, LLC; SPECIFYING THE ITEMS EXEMPTED; PROVIDING FOR AN EXPIRATION DATE FOR THE EXEMPTION; AND PROVIDING AN EFFECTIVE DATE, the second time by title only. Mayor Tulley stated that he felt the program guidelines on the AVT Abatement that were currently used to establish points could be improved. With staff s assistance, he created a matrix to attempt to make the decision more performance based and provided copies to Council. He stated that he did not see why the recommended abatement was limited to only 80% when clearly the return on investment suggested that a larger abatement should be received. Member Long moved to approve Ordinance No Granting an Economic Development Ad Valorem Tax Exemption to Project Flotilla Falcon Marine, LLC, as recommended. Member Long advised that the matrix was great, but was not part of the program guidelines. According to the program guidelines, Falcon Marine, LLC qualified for an 80% in 8-years abatement and the request would need to be decided as presented on those guidelines. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. The roll call was: Member Long Mayor Tulley Vice-Mayor Johnson Member Barringer Member Pritchett The motion carried unanimously. Mike Werner stated that he would like to be involved in any discussion regarding creating an improved process for determining the AVT abatements.

9 Mayor Tulley asked that a meeting be scheduled with himself, Economic Development Director Edyie McCall, and Mike Werner to discuss the AVT abatements. Ordinance No Amend Chapter 21 Related to Utility Billing Procedures City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVISING, MODIFYING, AND AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, UTILITIES ; BY AMENDING SECTION , WATER METER CHARGES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, the second time by title only. City Manager Larese advised that on July 28, 2015, the City Council approved advisability to proceed with an ordinance amending the Utility Billing procedure outlined in Chapter 21 of the Code of Ordinances. The proposed code change would allow the City to bill the property owner for availability charges upon termination of either the tenancy or termination of active water service, and bills for service shall again be payable by the owner of the rental unit until such time as a new tenant contracts directly with the City for service. Mayor Tulley opened the public hearing. Stan Johnston advised that he was against Ordinance No He felt this would create an opportunity for a tenant to run up a water bill and leave the landlord liable for payment. The contract would be between the tenant and the City and the tenant should be liable for the bill not the landlord. Member Pritchett asked for clarification that it was only the fixed cost that would go back to the landlord and Assistant City Attorney Chelsea Farrell advised that was correct. Mayor Tulley closed the public hearing. Member Pritchett moved to approve Ordinance No Amend Chapter 21 Related to Utility Billing Procedures, as recommended. Member Long seconded the motion. Vice-Mayor Johnson advised that the public would need to be educated on what their responsibilities would be as landlords. Mayor Tulley requested that Ordinance No be publicized to assist in educating the public on their responsibilities.

10 The roll call was: Mayor Tulley Vice-Mayor Johnson Member Barringer Member Pritchett Member Long The motion carried unanimously. Ordinance No Landscape Features and Pergolas in the Front Yard - City Manager Larese requested that Council table item 9C - Ordinance No Landscape Features and Pergolas in the Front Yard to the December 8, 2015 regular City Council meeting. Member Pritchett moved to table item 9C - Ordinance No Landscape Features and Pergolas in the Front Yard to the December 8, 2015 regular City Council meeting, as requested. Member Long seconded the motion. The motion carried unanimously. Mayor Tulley read the Quasi-Judicial rules of procedure. Rezoning No from Regional Commercial (RC) to Community Commercial (CC) at 3125 and 3135 Columbia Boulevard Mayor Tulley advised that he had driven by the site numerous times, but had not spoken to anyone. City Attorney Broome read 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 CHANGING CERTAIN PROPERTY LOCATED AT 3125 AND 3135 COLUMBIA BOULEVARD, FROM ITS PRESENT REGIONAL COMMERCIAL (RC) ZONING CLASSIFICATION TO THE COMMUNITY COMMERCIAL (CC) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Manager Larese advised that the applicant, Zeden Jones, on behalf of the owner UG Titusville FL, LLC, requested a rezoning of an approximately 2.26 acre property located at 3125 and 3135 Columbia Boulevard. The request was to rezone the property from its present Regional Commercial (RC) zoning classification to the Community Commercial (CC) zoning classification. The purpose of the rezoning was to allow the potential of

11 splitting the existing parcel into two parcels that would meet the minimum requirements of the CC zoning classification. The parcel was located adjacent to Columbia Boulevard (SR 405), approximately 600 feet east of Windover Way. The Planning and Zoning Commission recommended approval, 7-0. Mayor Tulley opened the public hearing. Zeden Jones stated that he was the applicant and available for any questions. Mayor Tulley closed the public hearing. Member Pritchett moved to approve Rezoning No from Regional Commercial (RC) to Community Commercial (CC) at 3125 and 3135 Columbia Boulevard and Ordinance No , as recommended. Member Long seconded the motion. The roll call was: Vice-Mayor Johnson Member Barringer Member Pritchett Member Long Mayor Tulley The motion carried unanimously. ORDINANCES-FIRST READING Ordinance No Capital Improvement Element Annual Update City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, UPDATING THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE FOR THE HORIZON RELATING TO THE CAPITAL IMPROVEMENT ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. Stan Johnston stated that he opposed Ordinance No In the Capital Improvement Program, he did not see anything regarding the issue of flood protection and flood prevention in the Stormwater Plan and he felt it was negligent not to include that in the Capital Improvement Program. The public hearing was scheduled for the regular City Council meeting on November 24, 2015 at 6:30 p.m.

12 OLD BUSINESS - None NEW BUSINESS Housing Replacement Program Assistance 2306 Anna Drive This item was heard previously in the meeting. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor s Report Mayor Tulley submitted a written report. Mayor Tulley advised that Greater Titusville Renaissance (GTR) would hold a Celebrity Waiter Dinner fund raiser, on Saturday, November 21, 2015 and that he was chosen to be one of the waiters. It was requested that his name and City Logo be displayed on his designated table and requested Council s approve for the use of the City Logo. Member Barringer moved to authorize the use of the City Logo fir the Greater Titusville Renaissance Fund Raiser, as requested. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. Mayor Tulley advised that that he and Member Long attended the Space Coast League of Cities Board meeting on November 9, Items discussed included a proposal by the Florida Legislature to change the election rules such that all Municipal and County elections would be held on odd years and the League of Cities passed a resolution in objection, a resolution was passed in support of the Northup Grumman contract as specified, a recommendation that Brevard County CRA Chairmen meet to strategize that their CRA s were run correctly, and there was discussion on a six (6) cent gas increase. CITY MANAGER S REPORT

13 City Manager Larese submitted a written report and highlighted as followed: Informational Items: Q1 Talking Points Video Action Items: FY 2017 Strategic Planning Guidance Staff was seeking Council direction regarding the approach to take for the upcoming FY 2017 strategic planning cycle. This process began in the January-February timeframe with council/citizen/staff engagement to prioritize the allocation of the City s fiscal and staffing resources to align with the goals and objectives set out by Council as a precursor to the annual budget build process. Consensus of the Council was to take the same approach as the FY 2016 Strategic Planning Cycle for the FY 2017 Strategic Planning Cycle. This allows the citizens to have comment at the beginning of the budget process. City Manager Larese provided Council copies of Resolution No offering sincere condolences to the family of Juanita Evangeline Moore and asked for Council s support of the resolution. Member Pritchett moved to approve Resolution No , as requested. Vice-Mayor Johnson seconded the motion. The roll call was: Member Barringer Member Pritchett Member Long Mayor Tulley Vice-Mayor Johnson The motion carried unanimously. City Manager Larese advised that the North Brevard Economic Development Zone was working with Brevard County on an application for an Environmental Assessment Grant from the US Environmental Protection Agency. The North Brevard Economic Development Zone and Brevard County asked for the City s endorsement.

14 City Manager Larese advised that a letter of endorsement of the Environmental Assessment Grant from the US Environmental Protection Agency was prepared and asked for Council s approval of the letter and to authorize the Mayor s signature. Member Pritchett moved to authorize the Mayor to execute a letter of support for the Environmental Protection Agency (EPA) Brownfield Assessment Coalition Grant, as requested. Member Long seconded the motion. City Manager Larese advised that Council appointments would be made at the November 24, 2015 regular City Council meeting. The motion carried unanimously to authorize the Mayor to execute a letter of support for the Environmental Protection Agency (EPA) Brownfield Assessment Coalition Grant, as requested. CITY ATTORNEY S REPORT - None Member Barringer advised that at a recent School Board meeting, there was discussion on programs that would be added to the schools and how those programs would be distributed through the district. An item of interest was that North Brevard received no new programs. He asked that in the future, schools be included in the Economic Development of North Brevard. With no further business, the meeting adjourned at 8:45 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk