City Council Regular Meeting February 13, 2018

Transcription

1 City Council Regular Meeting February 13, 2018 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, February 13, Mayor Walt Johnson called the meeting to order at 6:30 p.m. Present were Mayor Walt Johnson, Vice-Mayor Matthew Barringer and Members Dan Diesel, Jo Lynn Nelson, and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Debbie Denman completed the minutes. Reverend Jody Noble of St. Luke s Presbyterian Church gave the invocation. Mayor Johnson then led those present in the Pledge of Allegiance to the Flag. City Clerk Wells read the procedures for public comment. MINUTES Stan Johnston asked that the Council table the minutes of the regular City Council meeting on January 9, He felt that additional information from that meeting should be included in those minutes regarding the conversation on health care liability for retirees. Member Nelson moved to table the minutes of the regular City Council meeting on January 9, 2018 and direct staff to add additional information to the minutes regarding the discussion on health care liability of the retirees. The motion died due to the lack of a second. Discussion ensued. Page 1 of 17

2 Member Diesel moved to approve the minutes of the regular City Council meeting on January 9, 2018 and special City Council meetings on January 27, 2018 and January 30, 2018, as submitted. Member Stoeckel seconded the motion. The motion carried unanimously. Member Stoeckel requested Rule 13 regarding the police workshop discussed at the January 23, 2018 regular City Council meeting to allow for further discussion and clarification. She recommended that a presentation and discussion be included at the regular City Council meeting (presentation meeting) scheduled for February 27, 2018 at 5:30 p.m. regarding the process for an Internal Affairs Police Investigation in lieu of a special meeting. Member Stoeckel moved to reconsider holding a police workshop. Member Diesel seconded the motion. The motion carried 4-1 with Vice-Mayor Barringer opposed. Member Stoeckel moved to include a presentation and discussion at the regular City Council meeting (presentation meeting) on February 27, 2018 at 5:30 p.m. that would review educational components including discussion on the Internal Affairs Investigations, etc. versus the separate police workshop. Member Nelson seconded the motion. Vice-Mayor Barringer expressed concern that cancelling the police workshop would not allow for community discussion. Member Nelson advised that the Council did want to hear from the community, but legally there may not be anything that could be done until the parameters were known. The motion carried 4-1 with Vice-Mayor Barringer opposed. SPECIAL RECOGNITIONS & PRESENTATIONS - None BOARDS AND COMMISSIONS Flag and Memorial Committee Al Therriault, Chairman of the Flag and Memorial Committee provided the Flag and Memorial Committee s annual report that included review of the current officers and members of the Flag and Memorial Committee, Council s affirmation of the Committee s officers and membership for 2017/2018, meetings, ceremonies, and Avenue of Flags (U.S. Highway One). Page 2 of 17

3 Member Nelson moved to accept the Flag and Memorial Committee s annual report, as presented. Member Stoeckel seconded the motion. The motion carried unanimously. Planning and Zoning Commission City Manager Larese advised that the recommended action was to appoint one regular member to the Planning and Zoning Commission for an unexpired term that would expire on January 31, There was one vacancy for a regular member with a term to expire on January 31, There was one application on file for consideration. Mr. Erron Fayson expressed his willingness and desire to serve on this commission as a regular member. There were no other applications on file for consideration. Member Diesel moved to appoint Mr. Erron Fayson to the Planning and Zoning Commission as a regular member to an unexpired term to expire on January 31, 2020, as recommended. Member Nelson seconded the motion. The motion carried unanimously. Titusville Community Service Award Select Committee - Mayor Johnson appointed Ms. Els H. van Engelenburg as the chairperson and Dr. David Price of Great Outdoors Community Church as the clergy representative for the Titusville Community Service Award Select Committee. City Council was requested to confirm their appointments. Member Nelson moved to confirm the appointments of Ms. Els H. van Engelenburg as the chairperson and Pastor Dr. David Price of Great Outdoors Community Church as the clergy representative for the Titusville Community Service Award Select Committee, as requested. Member Stoeckel seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston commented on a rotary test, government short, and NASA. Ellen Bridges stated that she had a problem with people coming onto her property and installed a 6 foot gate to keep people out. She expressed concern about the code violation she received regarding her gate, but there were no code issues with her neighbor s 10 foot gate and asked why Page 3 of 17

4 her neighbor was allowed to have a 10 foot gate. She advised that she had contacted the Code Department and Planning Department with no resolution. Mayor Johnson requested the City Manager review Ms. Bridges concerns. Kim Lucks read a statement regarding the building owned by the City that was used by the Coast Guard Auxiliary and highlighted the services provided by the Coast Guard. He stated that the building was damaged from the last hurricane and expressed concern that the groups that utilized the building were told they would need to vacate the building, as the City did not have the funds to repair it. Randall Clay stated that a Citizens Review Board was needed to look at the Police Department's Internal Affairs Investigation Procedures and Policies to determine whether changes were needed to assist in those processes. Titusville Police Chief John Lau provided an update on an ongoing police investigation. CONSENT AGENDA City Clerk Wells advised that there were public speaking cards for Consent Items A, E, F, and G. Member Nelson moved to approve Consent Agenda Items B through D and H through J in accordance with recommendations, upon reading. Vice-Mayor Barringer seconded the motion. The motion carried unanimously. Consent Agenda was read as followed by City Manager Larese. B. Advisability - Amending the Land Development Regulations Relating to the Location of Accessory Structures on Deep Lots in Residential Zoning Districts - Approve advisability amending the Land Development Regulations relating to the location of accessory structures on deep lots in residential zoning districts. C. Advisability - Amending the Land Development Regulations Relating to Communication Towers and Mini-Cell Antennas - Approve advisability to draft an ordinance amending the Land Development Regulations relating to communication towers and mini-cell antennas. D. Sale of Property Located at 1010 Queen Street in the Inspiration Village Subdivision - Authorize staff to negotiate offers and settle the sale of property located at 1010 Queen Street. Page 4 of 17

5 H. FY 19 Community Development Block Grant (CDBG), Home Investment Partnership (HOME), and Youth Engagement Programs Funding - Approve funding levels for the use of FY 19 CDBG, HOME, and Youth Engagement program funds. I. Florida Resilient Coastlines Program Funding Announcement - Approve the submission of the Letter of Intent included in the agenda package. J. Landscape Construction and Maintenance Agreement for Riverfront Park - Approve the revised Landscape Construction and Maintenance Memorandum of Agreement with the State of Florida Department of Transportation (FDOT) for Riverfront Park and authorize the Mayor to sign the agreement. Mayor Johnson requested another vote. The motion carried unanimously 4-0. Member Stoeckel was absent from the room. Consent Agenda Award of Contract Annual Road Resurfacing Stan Johnston stated that he was in favor of the Award of Contract Annual Road Resurfacing, but that he had concerns that this item should be considered an unfunded liability. City Manager Larese read the recommended action provided in the agenda package to approve the award of contract related to bid #18-B-009 "Annual Road Resurfacing Services" to Masci General Contractor, Inc. of Port Orange, Florida in the amount of $287, to complete the annual road resurfacing requirements; and authorize the Mayor to execute the contract. Member Nelson moved to approve Award of Contract Annual Road Resurfacing, as recommended. Member Diesel seconded the motion. The motion carried unanimously. Purchase of Public Works Equipment Stan Johnston questioned whether this item should be considered an unfunded liability. Vice-Mayor Barringer asked for point of order and advised that Mr. Johnston s comments were not relevant to the agenda item. City Manager Larese read the recommended action included in the agenda package to approve the award of bid #18-B-008 to Mackinnon Equipment and Services of Orlando Florida for the Page 5 of 17

6 purchase of a Backhoe in the amount of $111,387.44; and Flagler Construction Equipment, LLC of Orlando, Florida for the purchase of a mini-excavator in the amount of $47,512. Additionally, authorize the City Manager to issue the purchase orders necessary for these purchases. Member Nelson moved to approve Purchase of Public Works Equipment, as recommended. Member Stoeckel seconded the motion. The motion carried unanimously. Approve Change Order - Cure-In-Place Pipe (CIPP) Stan Johnston stated that this item might be looked as an unfunded liability. He advised that he had sent numerous s and letters to the City with questions that still had not been answered. City Manager Larese read the recommended action included in the agenda package to approve the Budget Amendment and Change Order # 6 to LMR Construction, Inc. of Frostproof, Florida in the amount of $125,000 to furnish and install additional Cure In-Place Pipe (CIPP) Liner in various areas of the City; and authorize the Mayor to execute the change order. Member Nelson moved to approve Change Order - Cure-In-Place Pipe (CIPP), as recommended. Member Diesel seconded the motion. The motion carried unanimously. Acceptance of Award - FY18 Bullet Proof Vest Grant Stan Johnston stated that this item should be looked at and reviewed as an unfunded liability. City Manager Larese advised that the Department of Justice, awarded the City of Titusville Police Department the Bullet Proof Vest Grant for FY18 in the amount of $ The recommended action was to accept Bullet Proof Vest award in the amount of $7, and associated budget amendment. Member Nelson moved to approve to accept Bullet Proof Vest award in the amount of $7, and associated budget amendment, as recommended. Member Stoeckel seconded the motion. The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Page 6 of 17

7 Ordinance No Establishing Regulations to Permit Medical Marijuana Dispensaries City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION USE TABLE TO INCLUDE MEDICAL MARIJUANA DISPENSING FACILITY AS AN ALLOWABLE USE CONSISTENT WITH PHARMACIES; AMENDING CHAPTER 28 ARTICLE V USE STANDARDS BY ADDING SECTION MEDICAL MARIJUANA DISPENSING FACILITY, PROVIDING FOR DEFINITIONS AND APPLICABILITY OF PHARMACY REGULATIONS TO MEDICAL MARIJUANA DISPENSING FACILITIES, EXCEPT AS SET FORTH HEREIN; AMENDING SECTION 37-1 DEFINITIONS ; PROVIDING FOR REPEAL OF MORATORIUM; SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. This was the second and final public hearing. The Planning and Zoning Commission recommended approval, 4-3. City Manager Larese highlighted the request included in the agenda package. Mayor Johnson opened the public hearing. James Lytle asked the Council to help his family, friends, and this town and take action to establish regulations to permit medical marijuana dispensing facilities. Jonas Macskassy stated that the State of Florida and the citizens of Titusville voted in favor of medical marijuana dispensing facilities and urged the Council to vote in favor of the dispensaries. Mayor Johnson closed the public hearing. Vice-Mayor Barringer moved to approve Ordinance No Establishing Regulations to Permit Medical Marijuana Dispensaries, as recommended. Member Diesel seconded the motion. The roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel Yes Yes No Yes No The motion carried 3-2 with Mayor Johnson and Member Stoeckel opposed. Page 7 of 17

8 Small Scale Amendment (SSA) No with Rezoning for Property Located at 2550 Flake Road City Attorney Broome read 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 CHANGING THE LAND USE DESIGNATION ON AN APPROXIMATELY 1.61 ACRE PROPERTY LOCATED AT 2550 FLAKE ROAD FROM THE RESIDENTIAL TWO FUTURE LAND USE DESIGNATION TO THE INDUSTRIAL LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE and ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT RURAL RESIDENTIAL (RR) ZONING TO LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1) ZONING ON AN APPROXIMATELY 1.61 ACRE PARCEL LOCATED AT 2550 FLAKE ROAD; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. The Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval, 4-2. City Manager Larese highlighted the request included in the agenda package. Community Development Director Peggy Busacca highlighted staff s reasons that were included in the agenda packet, for their recommendation for denial. The following were a list of inconsistencies with the Comprehensive Plan and Land Development Regulations: 1. The request does not comply with Policy relating to access to major transportation corridors of the Comprehensive Plan, for the requested Industrial Future Land Use Designation 2. The request does not comply with Policy 1.8.2, relating to Level of Service standards for transportation and utilities, of the Comprehensive Plan for the requested Industrial Future Land Use designation. 3. The request does not comply with Policy 1.8.3, relating to the clustering of industrial land uses and employment centers, of the Comprehensive Plan for the requested Industrial Future Land Use Designation. 4. The request does not comply with the standards in Sec Property frontage/access, requiring a minimum of twenty (20) feet of roadway frontage, of the Land Development Regulations. Page 8 of 17

9 5. The request does not meet the minimum standards for the Light Industrial Services and Warehousing (M-1) zoning district established in Sec (c), which requires a minimum lot width on a roadway of fifty (50) feet, of the Land Development Regulations Mayor Johnson opened the public hearing. Sid Chehayeb stated that one of the main issues with the request was the house that existed to the north of the property. He advised that he talked to the Titusville Cocoa Airport Authority (TCAA) and was told that they were intending to demolish the house in the near future. He stated that TCAA owned the properties to the north and that they were zoned residential, but they had no intentions to ever use them as residential. He provided an Airport Proximity Plan map and highlighted land owned by TCAA, the zoning, frontage, etc. of the properties. Frank Pearce, the applicant, stated that the rezoning application would not be made if there was an alternative sensible proposition for the land. He advised that ATT Phone Company constructed an open hanger where they tested diesel generators for extended periods of time on the property adjacent to the property that was being considered for rezoning and that it was not practical to consider building residential housing on the surrounding property. Mayor Johnson closed the public hearing. Member Nelson moved to deny Small Scale Amendment (SSA) No with Rezoning for Property Located at 2550 Flake Road as it was inconsistent with the comprehensive plan. Member Stoeckel seconded the motion. City Attorney Broome clarified this item dealt with Small Scale Amendment No that included Ordinance No and Ordinance No The roll call was: Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel Yes Yes No Yes Yes The motion to deny carried 4-1 with Vice-Mayor Barringer opposed. ORDINANCES-FIRST READING Ordinance No Relating to Wetlands and Conservation Areas City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 29 SPECIAL DISTRICTS AND OVERLAYS OF THE CODE OF ORDINANCES AND LAND DEVELOPMENT Page 9 of 17

10 REGULATIONS; SPECIFICALLY AMENDING ARTICLE IV WETLAND AND CONSERVATION AREA (WCA), SECTION INTENT TO EXPAND PROTECTION OPTIONS FOR WETLANDS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, the first time by title only. The Planning and Zoning Commission recommended approval, 4-0. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Ordinance No Revoking the Economic Development Ad Valorem Tax Exemption to Project Landmark, Lockheed Martin Corporation, Space Systems Company City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA REVOKING THE ECONOMIC DEVELOPMENT AD VALOREM TAX ABATEMENT TO PROJECT LANDMARK, LOCKHEED MARTIN CORPORATION; AND PROVIDING AN EFFECTIVE DATE, the first time by title only. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Ordinance No Prohibiting Shipping containers for Residential Use City Attorney Broome read ORDINANCE No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS PROHIBITING SHIPPING CONTAINERS FOR USE AS RESIDENTIAL STRUCTURES; BY CREATING SECTIONS 6-92 PROHIBITION OF SHIPPING CONTAINERS FOR USE AS RESIDENTIAL STRUCTURES AND SHIPPING CONTAINERS ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Page 10 of 17

11 Ordinance No Modifying Expiration Dates for Conditional Use Permits Meeting Specific Criteria City Attorney Broome read ORDINANCE No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES TO MODIFY EXPIRATION DATES FOR CONDITIONAL USE PERMITS MEETING SPECIFIC CRITERIA; BY AMENDING SECTION REVOCATION OF CONDITIONAL USE PERMITS ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Comprehensive Plan Amendment No Relating to Conservation Land Uses City Attorney Broome read 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 ADOPTING COMPREHENSIVE PLAN AMENDMENT AMENDING POLICY OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN RELATING TO CONSERVATION LAND USES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. The Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval, 4-0. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Comprehensive Plan Amendment (CPA) No and Zoning Code Text Amendment Ordinance No and Ordinance No City Attorney Broome read 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 ADOPTING COMPREHENSIVE PLAN AMENDMENT AMENDING POLICY OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TO INCREASE THE MAXIMUM RESIDENTIAL DENSITY IN THE DOWNTOWN MIXED USE LAND USE DOWNTOWN SUB-DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE Page 11 of 17

12 and ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY INCREASING THE DENSITY CRITERIA IN THE DOWNTOWN MIXED USE (DMU) DOWNTOWN SUB-DISTRICT; BY AMENDING SECTION (C) DENSITY/INTENSITY STANDARDS TABLE; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only. The Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval, 4-0. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Small Scale Amendment (SSA) No with Rezoning for Property at 1915 Buffalo Road City Attorney Broome read 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 CHANGING THE LAND USE DESIGNATION ON AN APPROXIMATELY 1.1 ACRE PORTION OF A PROPERTY LOCATED AT 1915 BUFFALO ROAD FROM THE RESIDENTIAL TWO FUTURE LAND USE DESIGNATION TO THE INDUSTRIAL LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE and ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT RURAL RESIDENTIAL (RR) ZONING TO LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1) ZONING ON AN APPROXIMATELY 1.1 ACRE PORTION OF A PROPERTY LOCATED AT 1915 BUFFALO ROAD; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. The Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval, 4-0. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. Page 12 of 17

13 Rezoning (REZ) No from the Multifamily Medium Density Residential (R-2) Zoning District to the Single Family Medium Density (R-1B Zoning District for property located on Wendy Lee Drive City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (R-2) ZONING WITH SINGLE FAMILY MEDIUM DENSITY (R- 1B) ZONING ON AN APPROXIMATELY 1.15 ACRE PROPERTY LOCATED ON THE NORTH SIDE OF WENDY LEE DRIVE APPROXIMATELY 1,320 FEET WEST OF SISSON ROAD, HAVING A PARCEL ID NUMBER ; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. The Planning and Zoning Commission recommended approval, 4-0. The public hearing was scheduled for the regular City Council meeting on February 27, 2018 at 6:30 p.m. OLD BUSINESS Advisability for Shoreline Protection Ordinance The recommended action was to provide direction to staff regarding the proposed Shoreline Protection Ordinance. City Manager Larese advised that during the Land Development Code reformatting, the City Council directed staff to replace the Area Impact Plan (AIP) requirement, which previously applied to all new construction or the expansion of existing uses within the Shoreline Mixed Use zoning district. The proposed ordinance included regulations to protect the shoreline, water quality and biodiversity of the lakes, rivers, and portions of the Indian River Lagoon within the City's jurisdiction. At the October 10, 2017 City Council meeting, the Council held a public hearing and second reading of the ordinance. Ultimately, the Council took no action and requested a workshop on the item. The Shoreline Protection Ordinance workshop was held on December 5, 2017 and was attended by several members of the public. During the public comment period, several residents mentioned their concern about requirements relating to the repair and replacement of bulkheads or seawalls: specifically, Sec (e)(2)a. and Sec (e)(2)b. that were highlighted in the draft ordinance included in the agenda package. The City Council might wish to consider directing staff to omit the language in subsections a. and b. based on the feedback received at the workshop. The proposed ordinance included an amendment to Section 30-64(b)(1)b (Page 8 of 18) that permitted a maximum five (5) foot length of shoreline to remain unplanned to maintain access to Page 13 of 17

14 the water body. In addition, amendments to Section (Page 17 of 18) stated that submerged lands may not be used to calculate density; language which clarified the City's longstanding policy and was previously contained within Section of the Code. Member Nelson moved to direct staff to move forward with the Shoreline Protection Ordinance deleting Section Section 30-64(e)(2) a. The repair and replacement of legally existing bulkheads on the shoreline shall be allowable, except where the existing structure is less than 50 percent functional per original constructed design and a reinforced rock revetment is not permittable. The repair or replacement of legally existing bulkheads shall be permitted if a complete permit application is submitted to the City within 180 days of the effective date of this ordinance and b. If permittable, the repair and replacement of bulkheads on the shoreline shall require the establishment of a reinforced rock revetment. The repair or replacement of legally existing bulkheads without the establishment of a reinforced rock revetment shall be permitted if a complete permit application is submitted to the City within 180 days of the effective date of this ordinance. Member Stoeckel seconded the motion. The motion carried unanimously. NEW BUSINESS - None PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor Johnson submitted a written report. Mayor Johnson highlighted Rule 13 and commented on the City s health insurance costs. He asked that Council consider requesting Rule 13 for item City Paid Subsidy for Other Post Employment Benefits (OPEB) approved at the regular City Council meeting on January 23, He advised that this would allow for further conversation on OPEB. Discussion ensued. No motion was made to reconsider this item. Page 14 of 17

15 Vice-Mayor Barringer advised that the Constitutional Revision Committee meeting was scheduled for February 19, 2018, from 1:00 p.m. to 7:00 p.m. at the King Center for the Performing Arts in Melbourne, Florida and that he planned on attending. There was a consensus of the Council for Vice-Mayor Barringer to speak on the City s behalf to provide their position on the (1) Protection of local home rule and (2) Restoration of the Indian River Lagoon under public comments at the Constitutional Revision Committee Meeting. Member Stoeckel advised that she attended the Lead Brevard Leadership Ceremony where there were four community movers, shakers, and leaders were recognized that included Clara McRae, Comptroller, Barn Light Electric and Krista Miller, Principal, Astronaut High School from Titusville. Member Diesel advised that he attended the Titusville Mardi Gras Street Party event and that it had been another great Titusville event. CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted as followed: Action Items Disposition of City Owned Surplus Upland Building The City owned Upland Building located at Sand Point Park sustained significant structural and mechanical damage as a result of Hurricanes Matthew and Irma. The building was currently surplus to the City s operational needs and was utilized on a periodic basis by the Titusville Sailing Club and Coast Guard Auxiliary on a year to year lease agreement for $1 per year. A recent inspection of the facility by Public Works staff yielded much damage that was highlighted in the agenda package. An estimate of a minimum investment of $200,000 was needed to address this building, beyond the needs created by the hurricane damage. The estimated given the level of work the City would exceed the 50% threshold and require full building code compliance throughout which might raise the cost of the improvements. Also the building was within the flood plain and was flood prone which made the damage a recurring risk with regard to interior repairs and exterior wood areas. Given that the second floor was currently used by the public and serviceable only by stairs was expected ADA needs to also arise within the building. On February 1, 2018, an environmental assessment was conducted by technicians from the environmental consulting firm Intek-PSI. That examination revealed the existence of elevated Page 15 of 17

16 counts of several varieties of mold spores throughout the facility as a result of significant water intrusion. The presence of those mold spores could pose a significant health risk to building occupants. Based on that inspection and the environmental assessment, it was staff s recommendation that the building no longer be utilized and as a surplus building beyond its economical service life, be demolished and the surrounding area be remediated to its pre-building state. Request Council concurrence of staff s recommendation. Council provided their concurrence of staff s recommendation for the disposition of City owned surplus upland building located at Sand Point Park. Informational Items 2018 Student Advisory Council Youth Leadership Seminar Hurricane Damage Repair Update Bus Shelter Construction Bike Trail Opening Court Yard Repairs Special Meeting and Events Police-Community Workshop, February 20, 5:00 p.m., City Hall (This meeting was rescheduled to the regular City Council meeting (presentation meeting) scheduled for February 27, 2018 at 5:30 p.m.) Student Advisory Council 2018 Youth Leadership Seminar, March 2, 8:00 a.m. 3:00 p.m., Parrish Medical Center Council/Leadership Team FY 19 Planning Session, March 6, 5:30 p.m., City Hall Vice-Mayor Barringer requested a thank you letter be sent to Laura Ward for her hard work and efforts in assisting with getting bus shelters installed in Titusville. Discussion ensured. City Manager Larese recommended a ribbon cutting ceremony for the bus shelters and to recognize and present Laura Ward with a letter at that ceremony for the hard work that she put into that project. Page 16 of 17

17 Council was in consensus for City Manager Larese recommendation. CITY ATTORNEY S REPORT - None With no further business, the meeting adjourned at 10:35 p.m. ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Page 17 of 17