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

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1 City Council Regular Meeting September 22, 2009 The City Council of the City of Titusville, Florida met in regular session on Tuesday, September 22, 2009 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida. Present were Mayor Jim Tulley, Vice-Mayor Conrad Eigenmann, Members Walt Johnson, Martha Long, and Paul Secor. Also present were City Manager Mark Ryan, City Attorney Dwight Severs and City Clerk Wanda Wells. Mayor Tulley called the meeting to order at 6:30 p.m. Pastor Dori Valley of Hope Community Fellowship was present to give the invocation. Mayor Tulley then led the entire assembly in the Pledge of Allegiance to the Flag. Mayor Tulley read speaking procedures for public comment during the meeting. Mayor Tulley advised that there was a request to consider the approval of the settlement framework agreement between the City of Titusville and Miami Corporation/Area IV Wellfield earlier in the meeting. This item was currently under old business. Member Johnson moved to consider this item for approval following the consent agenda. Vice- Mayor Eigenmann seconded the motion and it carried unanimously. Minutes The request was to approve the minutes for the regular meeting on August 25, 2009 and special meeting on August 31, 2009 (Impasse Hearing). Member Long moved to approve the minutes as submitted. Member Johnson seconded the motion and it carried unanimously. Special Recognitions & Presentations:

2 Employee of the Month September City Manager Ryan recognized Titusville Police Department Officer Izell Davis as the September 2009 Employee of the Month. He read from his nomination and presented him with a plaque and gift. Letters of Appreciation - City Manager Ryan read the names of the following employees that received letters of appreciation. The names were as followed: Fire Department Adam Vaknin Firefighter/Paramedic Police Department Scott Andres Officer John Cantalupo Officer Lisa Morgan Police Records Clerk Lincoln Strom Corporal Public Works Karla Werle Office Assistant Boards and Commissions: Code Enforcement Board Semi-Annual Report - Chairman Mike Cunningham presented the Code Enforcement Board Semi-Annual Report for March 2009 to August 2009 as written. He offered to answer any questions. Vice-Mayor Eigenmann moved to accept the report as written. Member Johnson seconded the motion and it carried unanimously. North Brevard Library District Board City Manager Ryan outlined the request, which was to appoint two regular members to the North Brevard Library District Board for two-year terms expiring on September 30, Vice-Mayor Eigenmann moved to reappoint Regular Members Linda Haas and William Schafer for two-year terms expiring on September 30, Member Long seconded the motion and it carried unanimously.

3 Community Redevelopment Agency City Manager Ryan outlined the request, which was to appoint one regular member to the Community Redevelopment Agency for a four-year term expiring on September 30, Member Johnson moved to reappoint Regular Member Jim Ball for a four-year term expiring on September 30, Vice-Mayor Eigenmann seconded the motion and it carried unanimously. Student Advisory Council City Manager Ryan outlined the request, which was to accept the resignation of Regular Member Nicole Petit effective August 12, 2009 and appoint Juldan Sharp from the North Brevard Home School Association to the Student Advisory Council. Vice-Mayor Eigenmann moved to accept the resignation of Regular Member Nicole Petit effective August 12, 2009 and appoint Juldan Sharp from the North Brevard Home School Association to the Student Advisory Council. Member Secor seconded the motion and it carried unanimously Petitions and Requests from the Public Present Elizabeth King, 117 South Williams Avenue, commented on the organization of a committee on community responses to domestic violence. She provided their mission and the responsibilities of the committee. She requested Council declare the month of October as domestic violence awareness month in the City of Titusville. She also requested Council endorse the declaration of non-violence, include the committee in the Mayor s idea for a citizen advocacy group, plan a town hall meeting to discuss domestic violence issues, etc. Member Long moved to allow Ms. King an additional two minutes to speak. Vice-Mayor Eigenmann seconded the motion and it carried unanimously. Ms. King requested Council and the Titusville Police Department to include in their mandatory training a free on-line course, Officer-Involved Domestic Violence: A Prevention Curriculum, a project of the Law Enforcement Families Partnership at the Institute for Family Violence Studies within Florida State University s College of Social Work. She distributed a handout to Council with information on their committee along with their request to Council.

4 Consent Agenda - Member Johnson moved to approve Consent Agenda Items A, B, C, D, and E in accordance with recommendations. Vice-Mayor Eigenmann seconded the motion. City Manager Ryan read Consent Agenda Items as followed: A. RESOLUTION NO ADDING ADVERTISEMENT FEES FOR PRELIMINARY AND FINAL MASTER DEVELOPMENT PLAN REVIEWS Approve Resolution No revising Resolution No which established the advertising fee structure for various land use development applications, etc.; and providing for an effective date. B. CHANGE ORDER OSPREY PLANT SCADA MODIFICATIONS Approve the award of change order no. 1 in the amount of $29,896 to Extreme Controls Systems, Inc. of Jupiter, FL to perform SCADA upgrades at the Osprey Water Reclamation Facility, and authorize the City Manager to execute the change order. C. TITUSVILLE POLICE DEPARTMENT FUEL SPILL REMEDIATION PROPOSAL FOR SUPPLEMENTAL SITE ASSESSMENT Approve Amendment No. 2 to the agreement with Advanced Environmental Technologies, LLC for Supplemental Site Assessment at 1100 John Glenn Boulevard (TPD), required by Brevard County Natural Resources Management Office, in the amount of $37, (funds to be provided by City insurance policy) and authorize the City Manager to execute same. D. TRANSITION TO A PARTIALLY SELF-INSURED HEALTH PLAN WITH AN EMPLOYEE HEALTH CLINIC Approve the following agreements necessary for transitioning to a partially selffunded health plan and implementing the Employee Health Center: (1) Agreement between the City and CareHere, LLC; (2) North Brevard County Hospital District Lease Agreement; and (3) Authorize the City Manager to sign the Letter of Intent to allow Cigna to proceed with paying claims on the City's behalf while the ASO agreement is being finalized. E. MARINA FINANCIAL BUSINESS ACTION PLAN Approve the proposed Action Plan by the Marina Financial Business Plan Team that addresses the financial condition of the Municipal Marina Enterprise Fund for the fiscal year ending September 30, 2009 and future years.

5 The roll call was: Member Long Vice-Mayor Eigenmann Mayor Tulley Member Secor Member Johnson The motion carried unanimously. The following item was requested to be heard earlier in the meeting and was moved from old business previously in the meeting. Approval of Settlement Framework Agreement between the City of Titusville and Miami Corporation/Area IV Wellfield City Manager Ryan advised that the City of Titusville previously identified an area in Northwest Brevard County for a future wellfield site; this site was known as the Area IV wellfield. The primary purpose of the future wellfield site was to provide a supplemental water source for the Area II and III wellfields and to meet the future water supply needs of the City of Titusville. The City of Titusville was granted a Consumptive Use Permit (CUP) in September 2007 to withdraw 0.75 million gallons per day (MGD) from the Area IV Wellfield, which consisted of a tract located on property formerly owned by the Florida East Coast Railway in Northwest Brevard County. That tract was now owned by the State of Florida for the Rails to Trails project subject to the City of Titusville s easement. A CUP was issued by the St. Johns River Water Management District (SJRWMD) after years of contentious litigation with the property owner Miami Corporation and others. The City of Titusville s original permit application was for 2.75 MGD. Subsequent to the issuance of the CUP, an appeal was filed by the property owner, which subsequently was dismissed by the Fifth District Court of Appeals. In addition, in order to acquire the necessary easements for wetland monitoring sites and others, it was necessary to file, and Council authorized, an eminent domain proceeding which was presently pending. Since October 2005, the City Attorney s office attempted to resolve this matter with Miami Corporation s local counsel Glenn Storch and the agreement included in the agenda packet was the result of continued negotiations between his office and the City. The Settlement Agreement contemplates the execution of a number of documents and contemplates a joint venture for the wellfield portion of the project between the City of Titusville and Farmton Water Resources, a public service commission authorized utility wholly owned by Miami Corporation. In addition, the agreement contemplates a modification of the CUP and two phases of construction of the wellfield. The first includes a total of six (6) wells on the tract previously acquired by the City and an additional nine (9) wells on the Miami/Farmton tract to increase the groundwater withdrawal from 0.75 MGD to a minimum of 2.75 MGD. Preliminary data suggests significant additional water resources near the northwesterly portion of Miami

6 Corporation property in northwest Brevard County. The additional wells would constitute the second phase which was anticipated to commence in November 2009 with the completion of additional hydrological investigation and subsequent submittal for a modified CUP. The wellfield portion of the project and the costs and expense of construction of that project would be shared equally between the City and Farmton, which cost was estimated to be approximately ten million dollars ($10,000,000). The agreement contemplates that there would be a 5% return on investments. In addition, the agreement contemplates that Farmton would pay the City approximately $977,000, together with one half the costs of previously installed wells. The Agreement was contemplated to be long term without any termination. Miami Corporation s local counsel Glenn Storch commented on previous issues, partnership with the City, and future water. He offered to answer any questions. A citizen was present that wished to speak. Laura Ward, 5317 Riveredge Drive, requested Council be careful on what they were agreeing with as it related to the approval of the settlement framework agreement between the City of Titusville and the Miami Corporation/Area IV Wellfield. She commented on Miami Corporation s other partnerships with Volusia County and Brevard County. Member Long moved to allow an additional minute for Ms. Ward to speak. Vice-Mayor Eigenmann seconded the motion and it carried unanimously. Ms. Ward continued. She requested Council table this item to a future meeting in order to gain a better understanding of the agreement. Miami Corporation s local counsel Glenn Storch provided additional information on Ms. Ward s comments as it related to the other partnerships. Council discussed eminent domain, relationship with Miami Corporation, economy, future plans for property, joint venture agreement, previous litigation, future investment, water supply, risks, etc. Member Long expressed concern of having a better understanding of the agreement and the risk factors prior to approval. Member Johnson moved to authorize the execution of the settlement framework agreement and exhibits contained within the agreement for the Area IV Wellfield. Member Secor seconded the motion. Member Johnson stated that he felt like this would provide a positive signal to Miami Corporation that the City was moving forward on the issue. The roll call was: Vice-Mayor Eigenmann

7 Mayor Tulley Member Secor Member Johnson Member Long No The motion carried four to one with Member Long opposed. Ordinances - First Reading: Ordinance No Major Vehicle Repair City Attorney Severs read Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES, SPECIFICALLY AMENDING SECTION DEFINITIONS; AMENDING SECTION INOPERATIVE VEHICLES RELATING TO VEHICLE STORAGE & DISPOSITION; ADDING SECTION RELATING TO REPAIR WORK ON VEHICLES; ADDING SECTION PROHIBITING REPAIR BUSINESSES IN RESIDENTIAL NEIGHBORHOODS, AND AMENDING SECTION PROHIBITING THE USE OF NOISY VEHICLE REPAIR EQUIPMENT BETWEEN THE HOURS OF 8 P.M. AND 7 A.M.; AMENDING SECTION PROHIBITING PARKING IN THE REAR YARD OF RESIDENTIAL DWELLINGS; AND PROVIDING FOR AN EFFECTIVE DATE and Ordinance No Revision to the Other Post Employment Benefit Trust Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING SECTION 2-142(A) OF THE CODE OF ORDINANCES OF THE CITY OF TITUSVILLE BY CHANGING THE MAKEUP OF THE TRUSTEES OF THE OTHER POST EMPLOYMENT BENEFITS TRUST; AND PROVIDING FOR AN EFFECTIVE DATE and Rezoning 1- Ordinance No 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 PROPERTY LOCATED AT 4660 SISSON ROAD FROM PUBLIC USE (P) ZONING TO NEIGHBORHOOD COMMERCIAL (NC) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE the first time by title only. The public hearing for the ordinances was scheduled for the regular City Council meeting on October 13, There were several citizens that wished to speak on Ordinance No Tobi Smith, 2247 Country Club Drive, stated that he felt like the ordinance was not written well and was written for only a couple of citizens. He commented on current code enforcement issues not being addressed. He distributed information to Council on the cost on parts for

8 rebuilding race cars. He also did not believe the changes in the proposed ordinance addressed hobbyist. Anna Poteet, 3395 Case Drive, advised that she did not understand the changes and felt that there were current codes in place to address the code enforcement issues. Beth Smith, 2247 Country Club Road, read from a statement prepared by Donna Lilley. The statement commented on the process, enforcement of the code, curb appeal, etc. Ms Lilley requested Council get as much input from citizens as possible prior to making a decision to approve the proposed ordinance. Ms. Lilley recommended Council allow additional input from citizens at the public meeting to discuss Recreation Vehicles scheduled for September 29, Old Business: Resolution No Declaring the Necessity to Demolish a Derelict Structure located at 1650 E. Whispering Hills Road City Manager Ryan advised that a residential structure at 1650 E. Whispering Hills Road was condemned by the City s Building Official. The structure experienced significant fire damage and now the structure was an eyesore and posed a threat to public health and safety. Additionally, the property was found in violation by the Code Board for overgrowth, junk and debris, fire damage, and vacant and unsecured structure. At the September 9, 2009 meeting, City Council approved the advisability to proceed with the demolition of the structure. The City received several complaints from community residents regarding the structure and the property owner received ample notice regarding the condemnation status and the City s requirement to remove the structure. Staff was estimating the cost of the demolition to be $15,000. The next step would be to adopt a resolution to proceed with a public hearing, and then a resolution assessing the costs to complete the actual demolition. Vice-Mayor Eigenmann asked whether the property owner was up-to-day on property taxes. City Attorney Severs advised that they were not current. Member Eigenmann expressed concern of property taxes not being current and the current condition of the property. Vice-Mayor Eigenmann moved to approve Resolution No declaring the necessity for the removal of a condemned and hazardous structure located at 1650 E. Whispering Hills Road that constitutes a nuisance and a menace to the health and safety of the inhabitants of the City; setting a public hearing; and providing for an effective date. Member Johnson seconded the motion and the roll call was: Mayor Tulley

9 Member Secor Member Johnson Member Long Vice-Mayor Eigenmann The motion carried unanimously. Resolution No Declaring the Necessity to Demolish a Derelict Structure located at 814 Dummitt Avenue City Manager advised that a residential structure at 814 Dummitt Avenue was condemned by the City s Building Official. The structure posed a threat to public health and safety. The structure was difficult to keep boarded and secure and must be removed to mitigate any potential hazards. At the September 8, 2009 meeting, City Council approved the advisability to proceed with the demolition of this structure. The City received several complaints from community residents regarding the structure and the property owner received ample notice regarding the condemnation status and the City s requirement to remove the structure. Staff was estimating the cost to be $4,000. The next step would be to adopt a resolution to proceed with the demolition with a public hearing, and then a resolution assessing the costs to complete the actual demolition. Vice-Mayor Eigenmann moved to approve Resolution No declaring the necessity for the removal of a condemned and hazardous structure located at 814 Dummitt Avenue that constitutes a nuisance and a menace to the health and safety of the inhabitants of the City; setting a public hearing; and providing for an effective date. Member Johnson seconded the motion and the roll call was: Member Secor Member Johnson Member Long Vice-Mayor Eigenmann Mayor Tulley The motion carried unanimously. Resolution No Declaring the Necessity to Demolish a Derelict Structure located at 715 Gilbert Street

10 A residential structure at 715 Gilbert Street was condemned by the City s Building Official. The structure experienced significant fire damage and now the structure was an eyesore and posed a threat to public health and safety. The structure was difficult to keep boarded and secure and must be removed to mitigate any potential hazards. On September 8, 2009, City Council approved the advisability to proceed with the demolition of this structure. The City received several complaints from community residents regarding the structure and the property owner received ample notice regarding the condemnation status and the City s requirement to remove the structure. Staff was estimating the cost to be $4,000. If City Council approves the advisability to proceed, the next step would be to adopt a resolution of necessity with a public hearing, and then a resolution assessing the costs to complete the actual demolition. Vice-Mayor Eigenmann moved to approve Resolution No declaring the necessity for the removal of a condemned and hazardous structure located at 715 Gilbert Street that constitutes a nuisance and a menace to the health and safety of the inhabitants of the City; setting a public hearing; and providing for an effective date. Member Secor seconded the motion and the roll call was: Member Johnson Member Long Vice-Mayor Eigenmann Mayor Tulley Member Secor The motion carried unanimously. Petitions and Requests from the Public Present None Mayor and Council Reports Mayor Tulley submitted his written report. Mayor Tulley advised he was discussing the possibility of providing broadband WI-FI in the community with several individuals and requested Council s permission to proceed with a presentation at a future Community Redevelopment Agency meeting. Council agreed for Mayor Tulley to proceed with coordinating a presentation.

11 Mayor Tulley discussed a letter he received related to negotiations between Parrish Medical Center and Wuestoff Hospital. He advised that he would meet with Director George Mikitarian of Parrish Medical Center to receive additional information. Mayor Tulley advised he challenged the Student Advisory Council to go back to their schools and seek involvement to develop the new City motto. Member Johnson advised that he and Member Long attended the Rails to Trails meeting held the previous evening. City Manager s Report City Manager Ryan submitted his written report. Discussion concerning the 2010 Legislative Priorities City Manager Ryan provided a copy of the 2009 legislative priorities as a guide and solicited Council s input for the development of the 2010 legislative priorities. Council requested City Manager Ryan schedule the 2010 Legislative Priorities for discussion during one of the October City Council meetings. Brevard County Campaign for Space City Manager Ryan provided information received from Brevard County Board of County Commissioner Robin Fisher, District One. At their September 15, 2009 Brevard County Board of County Commissioners meeting, the board voted to initiate a citizen driven letter writing campaign to President Barrack Obama asking him to support America s prominence in space through appropriate funding to maintain the quality workforce for space. Council supported the Brevard County Board of County Commissioners initiative to initiate a citizen driven letter writing campaign to President Barrack Obama to support the Space Program and ask the Obama Administration to support America s prominence in space through appropriate funding to maintain the quality workforce for space. Council also supported the City utilizing available steps to encourage citizens to correspond with the President. The information would be provided on the City s website.

12 Request for a City Council Workshop City Manager Ryan requested a special City Council meeting on October 6, 2009 to review the Evaluation Appraisal Report (EAR) Based Amendments to the Comprehensive Plan. Council authorized a special City Council meeting to review the Evaluation Appraisal Report (EAR) Based Amendments to the Comprehensive Plan. The meeting was scheduled for October 6, 2009 at 3:30 p.m. City Manager advised that he received a request to utilize the Council Chamber following the publication of the agenda. The Florida Fish and Wildlife Commission requested the use of the Council Chamber on October 15, 2009 at 6 p.m. Council authorized the use of the City Council Chamber on October 15, 2009 at 6 p.m. as requested by the Florida Fish and Wildlife Commission (FWC). The public meeting was scheduled to discuss potential changes to permit the FWC issues to commercial fishers and professional fishing guides in manatee protection zones (including possible effects on permit holders in Brevard County). Remaining items were informational only as provided in the City Manager Ryan s Report. City Attorney s Report None Member Long commented on the request from Elizabeth King earlier in the meeting to declare the month of October as Domestic Violence Awareness Month. Member Long moved to authorize staff to prepare a proclamation for Mayor Tulley s signature declaring the month of October as Domestic Violence Awareness Month. Member Johnson seconded the motion and it carried unanimously.

13 With there being no further business, the meeting adjourned at 9:24 p.m. James H. Tulley, Jr. Mayor ATTEST: Wanda F. Wells, City Clerk