xxx xxx Mayor Tulley asked for a moment of silence and then led those present in the Pledge of Allegiance. xxx

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1 1 City Council Regular Meeting December 14, 2010 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, December 14, Mayor Jim Tulley called the meeting to order at 7:00 p.m. Present were Mayor Jim Tulley, Vice-Mayor Walt Johnson and Members Kathleen Burson, Martha Long and Rita Pritchett. Also in attendance were City Manager Mark Ryan, City Attorney Dwight Severs and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Mayor Tulley asked for a moment of silence and 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 last regular City Council meeting on November 23, 2010 and the organizational meeting on November 23, 2010 as submitted. Member Long seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS American Red Cross Christina Sanchez of the American Red Cross gave a powerpoint presentation and highlighted as followed: American Red Cross Space Coast Chapter Red Cross Facts Local Red Cross Funding Everyday work: silent disasters Immediate Relief

2 Services to Armed Forces Prevent, Prepare, Plan, Practice Disaster Response 2010 Help Can t Wait The Red Cross Saves Lives Our 2010 record We are always there Letters of Appreciation City Manager Ryan read the names of the following employees that received letters of appreciation. Fire Department Matt Johnson Firefighter/Paramedic Support Services Customer Service Utility Billing Planning and Growth Terrie Franklin Neighborhood Services Director BOARDS AND COMMISSIONS Space Coast Transportation Planning Organization Citizens Advisory Committee Appointment Mayor Tulley advised the recommended action was to accept the resignation of Starla Cullison effective August 31, 2010 and appoint one citizen to serve on the Citizens Advisory Committee (CAC) for the Space Coast Transportation Planning Organization. Vice-Mayor Johnson moved to accept Starla Cullison s resignation effective August 31, 2010 with regrets. Member Long seconded the motion. The motion carried unanimously. City Manager Ryan advised there were currently two applications on file for consideration. Dianne Denney and Robert Wille expressed their willingness and desire to serve on this committee. Both applications were included in the agenda packet. Member Long nominated Dianne Denney to serve on CAC for the Space Coast Transportation Planning Organization. Vice-Mayor Johnson nominated Robert Wille to serve on CAC for the Space Coast Transportation Planning Organization. 2

3 The roll call was: Rita Pritchett Vice-Mayor Johnson Mayor Tulley Member Long Member Burson Robert Wille Robert Wille Robert Wille Dianne Denney Dianne Denney Robert Wille was appointed to the CAC for the Space Coast Transportation Planning Organization with a vote of 3 to 2. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Donald Dorsey commented on the Police Athletic League (PAL) and advised that the Titusville PAL was being dismantled. He highlighted various programs it had to offer and stated he did not want to see the program end. He asked how the programs and the use of the Gibson Center would continue without PAL. Mayor Tulley advised there was no intention to let PAL end. Assistant Chief of Police John Lau advised the intention of the Police Department was not to turn their backs on the youth, but to restructure the program to assist additional youths. He clarified the PAL resale shop would remain open and there were plans to have various events to assist with the funding. Mayor Tulley advised he had a meeting with Mr. Alan Loud, the temporary/current Chairman of PAL, and there were talks of PAL possibly joining with another youth organization within the city. Reverend Glenn Dames congratulated the new Council Members on their appointments. He advised that he was a member of the PAL Board and PAL was not turning their backs on the community, but rather allowing the community to be a large part of PAL. PAL would be doing business under another name and the North Brevard Parks and Recreation Board would be accepting proposals on how to best move forward. Reverend Dames advised PAL would seek funds through various grants and other organizations and that any assistance from the City would be appreciated. Harry Mauge asked for clarification whether there would be a transition phase where PAL would end and then restart later. Mayor Tulley advised Council did not know that level of detail. Arielle Shaw, a member of PAL, thanked the Council for taking the time to hear everyone s request to continue PAL. 3

4 Harry Mauge advised he had a business Neighborhood Tax Services and that he utilized yard signs to advertise his business. He received a citation from the Police Department giving him one (1) week to remove the signs or be fined. Mr. Mauge asked for clarification whether political candidates received citations for their political signs and whether the rules for political signs were different from businesses. Mr. Mauge advised he would like to know the amount of money the City made on sign violations. City Manager Ryan advised there were different sign regulations. The political sign regulation was different from the yard sale and snipe type sign regulations and was treated differently in the City code. He advised in terms of fines, the Code Enforcement Department would research and provide the information to Mr. Mauge. Planning and Growth Management Director Courtney Barker advised she would meet with Mr. Mauge and discuss the different code violations based on the regulations within the City s Code. CONSENT AGENDA Member Long moved to hear Consent Agenda Items A, D, and I under New Business. Member Pritchett seconded the motion. The motion carried unanimously. Member Long moved to approve Consent Agenda Items B, C and E through H in accordance with recommendations upon reading. Vice-Mayor Johnson seconded the motion. Consent Agenda was read as followed by City Manager Ryan. B. Purchase Bunker Gear - Approve budget amendment and authorization of purchase of bunker gear for 53 combat firefighters totaling $72,716 from Bennett Fire Products Company, Inc. This program would utilize $20,000 of approved carry forward funds in the amount of $20,000 and $10,543 out of the departmental operating budget with the remaining balance being advanced from the former MPRB funds. C. Resolution No Modifications to the Student Advisory Council Resolution - Approve Resolution No amending Resolution No , for the purpose of phasing out at-large members and implementing a total of four (4) designated member positions from the North Brevard Home School Association, clarifying the authority that may excuse absences of members missing more than three consecutive regular or special meetings, and changes the time of the meetings. 4

5 E. Purchase Shavilk Hardware Management Solution - Approve the purchase of NetChk Protect software with three years of standard support from Shavlik in the amount of $19,200. There was no recurring fee during this period. The funding source was F. Acceptance of Easement Accept a Utility Easement from Donna and Bryan Scott. G. Bid for Two Vehicles and One Service Body - Approve award of Bid 10-B- 059 for the purchase of one (1) ¾ Ton Pickup Truck from Bartow Ford in the amount of $24,040; one (1) lbs. GVWR Cab & Chassis from Ron Norris in the amount of $37,600; and one (1) Knapheide Service Body Crane from Mullinax Ford in the amount of $16,750. It was also recommended City Council authorize a budget transfer in the amount of $350 from Capital Outlay Project Z10016 to Z H. Use of Federal Sharing and Local Forfeiture Funds - Authorize Use of Forfeiture Funds and Budget Amendment for the purchase/enhancement of Capital Outlay Projects at a cost not to exceed $130,900. The roll call was: Vice-Mayor Johnson Mayor Tulley Member Long Member Burson Member Pritchett The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Ordinance No Removing Sunset Provision of Ordinance No City Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, AMENDING ORDINANCE NO BY REMOVING THE SUNSET PROVISION OF SAID ORDINANCE WHICH ESTABLISHED A PROCESS AND PROCEDURE FOR THE ISSUANCE OF THE EXTENDED HOURS OF OPERATION PERMIT FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS AND MAKING PROVISIONS FOR SUSPENSION OR REVOCATION AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. 5

6 Vice-Mayor Johnson moved to approve Ordinance No , Removing Sunset Provision of Ordinance No as recommended. The roll call was: Mayor Tulley Member Long Member Burson Member Pritchett Vice-Mayor Johnson The motion carried unanimously. Mayor Tulley read the quasi-judicial rules of procedure. Conditional Use Permit No City Manager Ryan advised the applicant, First Pentecostal Church, was requesting a Conditional Use Permit at 1010 Norwood Avenue to operate a child care center and to complete a minor expansion to their church building. The existing property was the home to the First Pentecostal Church of Titusville. The church almost took up the entire block and the existing buildings were built in 1958, 1980 and The child care was proposing to have approximately 65 children. Planning and Growth Management Director Barker provided staff s recommended conditions for approval of Conditional Use Permit No as followed: 1. Place bollards on both sides of the drive path between the buildings proposed for the childcare center and the building to the east, to cut off unsafe vehicle access and provide a safer pedestrian environment to the proposed playground area. 2. Place signage visible to the parking entrance that indicated parents must park and walk their children into the building. 3. Place handicap parking space in front of building to be used as child center. 4. Stripe a 5-foot walk path for the children from the main entrance of the childcare center to the playground area. Mayor Tulley opened the public hearing. The City Clerk advised Pastor Joel Wells, Jr. was available for questions. Mayor Tulley asked for clarification as to which of the three (3) buildings on the property would be the childcare center. Pastor Wells advised it would be the building on the further left hand side of the drawing included in the agenda packet. Mayor Tulley closed the public hearing. 6

7 Member Long moved to approve Conditional Use Permit No as recommended with the following conditions: (1) Place bollards on both sides of the drive path between the building proposed for the child care center and the building to the east, to cut off unsafe vehicle access and provide a safer pedestrian environment to the proposed playground areas; (2) Place signage visible to the parking entrance that indicates parents must park and walk their children into the building; (3) Place handicap parking space in front of building to be used as child center; (4) Stripe a 5 foot walk path for the children from the main entrance of the child care center to the playground area. Member Pritchett seconded the motion. The roll call was: Member Long Member Burson Member Pritchett Vice-Mayor Johnson Mayor Tulley The motion carried unanimously. Conditional Use Permit No City Manager Ryan advised the applicant, Scott and Sandy McHardy on behalf of New Beginnings COGIC Church, requested to locate a church at 3659 S. Hopkins Ave., which was, zoned Neighborhood Commercial (NC) zoning. Under Section (C) of the NC zoning regulations, a church was required to receive approval of a CUP. The applicant was proposing to have a church for approximately ten (10) people with all services indoors and hold meetings in the weekly afternoons and Sundays. Mayor Tulley opened the public hearing. Sandy McHardy clarified the location of the units associated with Conditional Use Permit No as Units E and F at the south end of the building. Mayor Tulley closed the public hearing. Member Pritchett moved to approve Conditional Use Permit No as recommended with the following conditions: (1) The hours of operation for Unit E & F would be limited to weekdays after 6 p.m. and all day Sunday and (2) The property owner shall limit the hours of operation for units B, C, & D to weekdays before 6 p.m. and closed Sundays. Vice-Mayor Johnson seconded the motion. The roll call was: Member Burson 7

8 Member Pritchett Vice-Mayor Johnson Mayor Tulley Member Long The motion carried unanimously. Ordinance No Comprehensive Plan Amendment (Remedial Amendment) City Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE REVISIONS TO THE CONSERVATION ELEMENT ADOPTED THEREIN IN ORDER TO RESOLVE ADMINISTRATIVE PROCEEDING INITIATED BY THE DEPARTMENT OF COMMUNITY AFFAIRS IN RESPONSE TO THE ADOPTION OF ORDINANCE NO PURSUANT TO THE REMEDIAL PLAN AMENDMENTS CONTAINED IN THE ADOPTED SETTLEMENT AGREEMENTS; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. City Manager Ryan advised the recommended action was approval of Comprehensive Plan Amendment (CPA) R. This amendment was to adopt into the City s Comprehensive Plan the language approved in the Stipulated Settlement Agreement, which would address the Notice of Intent issued by Department of Community Affairs (DCA), which found the policies in the Conservation Element adopted by Ordinance No not in compliance. The City adopted the Stipulated Settlement Agreement with the Department of Community Affairs on November 9, 2010 as a remedial effort to resolve the current status of the City s wetland policies as being not in compliance with State Growth Management requirements. The Stipulated Settlement was intended to resolve the not in compliance status and avoid an administrative hearing. The next step was for the City to adopt the specific remedial language into the Comprehensive Plan. The City had sixty (60) days to adopt the amendments after the execution of this agreement by the DCA and the City of Titusville. DCA would issue the Notice of Intent (NOI) within 30 days after receipt of the Remedial Plan Amendments. After issuing the Notice of Intent, DCA may file with the Florida Division of Administrative Hearing (DOAH) to either move to realign the parties or for dismissal of the administrative proceedings without sanctions and find the City in compliance. Failure of the City to adopt the Remedial Plan Amendments may result in the suspension of the dispute resolution process and proceeding to litigation where the City had to defend its adopted policies. Staff provided a historical timeline and copies of the relevant policies documents that were reviewed to date, as well as a summary of three alternatives for Council to consider, including the Stipulated Settlement Agreement. The options were: 8

9 1. Do not adopt ordinance for CPA No Adopt ordinance for CPA No with changes. 3. Adopt another alternative described above through an amended Stipulated Settlement Agreement and Public Hearings. 4. Do not adopt another alternative and proceed to administrative hearing. Mayor Tulley opened the public hearing. Roger Molitor advised he did not want the 50 buffer on wetlands. Robert Kirk advised he would like Council to leave Ordinance No as currently written, not change it at this time, and possibly bring it back to Council in the future when the economic conditions were improved. Peter Petyk advised he was against approving the ordinance. He expressed concern that the City would govern the use of any property with wetlands if Council approved this ordinance. He felt this would just add another layer of bureaucracy. Mary Sphar advised she was speaking on behalf of the Sierra Club and that she was reviewing the different versions of the Titusville s wetland amendments. She believed that the wetland policies were very important and any changes should be carefully evaluated. Ms. Sphar advised of the Sierra Club s concerns with the different alternatives being considered and urged Council to pursue a way to return to the pre-ear alternative. Sandra Clinger provided Council a copy of an from the Florida Department of Community Affairs Director of the Division of Community Planning, Charles Gauthier, advising of an option available to the City regarding the City of Titusville Settlement Agreement. Ms. Clinger advised she was not in support of any of the alternatives being considered. She advised that she agreed with the option that was provided by Mr. Gauthier to rescind the amendment. Discussion ensued on rescinding the agreement. Laura Ward provided Council a handout Reasons to Deny Settlement Agreement and asked Council to address the issues on the handout prior to voting. Ms. Ward outlined the issues and her reasons why the settlement agreement should be denied and ways to correct the agreement. Rodney Honeycutt advised that some of his clients have mitigated with the Water Management District and Army core of Engineers and currently had not developed their property. He asked that whatever Council adopted to provide protection to land owners in this situation. He expressed his concern with the agreement and advised he would support the Stipulated Settlement Agreement if the language were modified. Lynn Pearson advised that she neither was for nor against the agreement and her greatest concern was that she had use of her property. She expressed concern that the maps used 9

10 to designate conservation and open space properties were not correct, which would change the current lines designating the conservation and open space properties. Mayor Tulley closed the public hearing. City Attorney Severs outlined procedural issues regarding the Wetland Conservation Element. He advised that City Council either needed to adopt the Stipulated Settlement Agreement through Ordinance No , make minor amendments not knowing whether DCA would accept, or deny it and give direction to staff on Council s desires in order for staff to present DCA a new Stimulated Settlement Agreement. Discussion ensued. Member Long moved to deny Ordinance No Member Burson seconded the motion. The roll call was: Member Pritchett Vice-Mayor Johnson Mayor Tulley Member Long Member Burson The motion carried unanimously and Ordinance No was denied. Mayor Tulley advised the next step for Council was to give staff direction on how to proceed. Vice-Mayor Johnson moved to approve Document F-Pre-EAR Alternative including Policy as recommended by staff. Member Pritchett seconded the motion. Member Burson requested to be on record that she had concerns with Policy in Document F - Pre-EAR Alternative. Member Burson offered a friendly amendment to the motion to go back to the Pre-EAR language as long as DCA would allow it. Vice-Mayor Johnson s motion stood. Member Burson moved to amend the original motion to approve Document F Pre-EAR Alternative excluding Policy prior to sending it to DCA for consideration as a Stipulated Settlement Agreement. Member Long seconded the motion. 10

11 Vice-Mayor Johnson asked for clarification that DCA had already decided that Policy needed to be included. Planning and Growth Management Director Barker clarified that she specifically asked if Policy needed to be included in the Pre-EAR Alternative during a conference call with DCA. The alternative was ed to DCA for review and they advised if it was an EAR issue, it could not be left out. If it were omitted, data and analysis would have to be provided to demonstrate that the issue no longer existed. Planning and Growth Management Director Barker advised Council that staff could not provide data and analysis that the issue did not exist. She also advised that Council had constantly approved Comprehensive Plan amendments to adjust Conservation Land Use boundary lines for the last five (5) years. Discussion ensued. The roll call on the amended motion was: Vice-Mayor Johnson Mayor Tulley Member Long Member Burson Member Pritchett No No No The motion failed 3 to 2 with Vice-Mayor Johnson, Mayor Tulley, and Member Pritchett opposed. The roll call for the original motion to approve Document F-Pre-EAR Alternative with Policy as recommended by staff was: Mayor Tulley Member Long Member Burson Member Pritchett Vice-Mayor Johnson No No The motion carried 3 to 2 with Members Long and Burson opposed. ORDINANCE-FIRST READING Ordinance No Request to Amend Utility Deposit Ordinance City Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 21 OF THE CODE BY AMENDING SECTION TO ESTABLISH A UTILITY CREDIT RISK RATING 11

12 FOR NEW CUSTOMERS; BY AMENDING SECTION (B) TO PROVIDE FOR TIERED UTILITY DEPOSIT BASED UPON A CONSUMERS UTILITY CREDIT RISK RATING; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. OLD BUSINESS - None NEW BUSINESS Automated Recycling Collection Pilot Program Public Works Engineer Kevin Cook gave a powerpoint presentation and highlighted as followed: Automated Recycling Pilot Program Overview of Service Opportunities Pilot Program Projected Fiscal Impact Benefits Implementation Plan Recommendations Mayor Tulley asked for clarification on the increasing recycling overtime as outlined under Projected Fiscal Impact. Public Works Engineer Cook advised it was man hour overtime. Vice-Mayor Johnson moved to extend the meeting to 11:30 p.m. Member Long seconded the motion. The motion carried unanimously. Member Long moved to authorize Public Works Department Solid Waste Division to implement an automated recycling collection pilot program and report back to City Council on the results. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. 12

13 Titusville/Farmton (TIFA) LLC FY 2011 Budget City Manager Ryan advised in accordance with Article 6, Section 6.7 of the Titusville/Farmton (TIFA) LLC Operating Agreement, as a Member of TIFA LLC the FY 2011 TIFA LLC budget was presented for City Council's consideration. This was the initial budget for TIFA; it was prepared jointly by City and Miami Corporation staff and was approved by the TIFA LLC Management Committee. Since the Area IV Well Field was just entering the construction phase, the intent of the budget was to provide an overview of the current financial status and an estimate for the years 2012 through As the well field becomes operational, which was anticipated to occur in April 2011, the budget would be updated as necessary. Funds for the well field construction were in the City's FY 2010/2011 budget and the current rates took into account the revenue and operating expenditures associated with the TIFA LLC joint venture. It should also be noted that the amounts shown in the FY 2010 columns were included in the TIFA LLC Operating agreement as approved by City Council on February 23, In accordance with the TIFA LLC Operating Agreement, adoption of the annual budget was an action requiring consent of the members. It was recommended that City Council adopt the TIFA LLC budget for FY 2011 as presented. Water Resources Director Raynetta Marshall advised Consent Agenda Item A-Area IV Well Field-Electric Power Installation and Consent Agenda Item I-Area IV Raw Water Transmission Main Contract IIC Award that were moved from Consent Agenda to new business would also be included under this discussion as they were related to Area IV. Both items were related to the construction of the 1 st phase of the well field and were included in FY10/11 budget. Water Resources Director Marshall reported the project was the future water project staff had been working on for a number of years. She gave a brief overview of the project including that the program consisted of a new well field in northwest Brevard and that the well field would be built in phases. Phase 1 - Eastern Well Field would consist of six wells and Phase 2 - Western Well Field would add on an additional nine wells. Water Resources Director Marshall advised Consent Agenda Item A and I that were moved from Consent Agenda were both related to the construction of the Area IV Well Field as followed: A. Area IV Well Field Electric Power Installation Authorize payment of $459, to Florida Power & Light Company for the installation of electric power to the Area IV Well Field. I. Area IV Raw Water Transmission Main Contract IIC Award - Approve award of Area IV Raw Water Main Transmission Main Contract IIC including bid alternate No. 1 in the amount of $298, to Masci Corporation of S. Daytona, FL to furnish and install 3,500 feet of raw water main; and authorize the Mayor to execute the contract. 13

14 City Manager Ryan advised staff would like to modify Consent Agenda Item I as followed: Approve award of Area IV Raw Water Main Transmission Main Contract IIC, subject to resolution of contract terms by City Attorney and City Manager, including bid Alternate No. 1 in the amount of $ to Masci Corporation of S. Daytona, FL to furnish and install 3,500 feet of raw water main; and authorize the Mayor to execute the contract. Vice-Mayor Johnson moved to approved Area IV Raw Water Main Transmission Main Contract IIC, subject to resolution of contract terms by City Attorney and City Manager, including bid alternate No. 1 in the amount of $ to Masci Corporation of S. Daytona, FL to furnish and install 3,500 feet of raw water main; and authorize the Mayor to execute the contract as modified by City Manager Ryan. Member Pritchett seconded the motion. The motion carried unanimously. Member Burson moved to approve Consent Agenda Item A - Area IV Well Field Electric Power Installation and moved to adopt the TIFA LLC budget for FY 2011 as recommended. Member Pritchett seconded the motion. The motion carried unanimously. Water Resources Director Marshall advised of an update to Titusville/Farmton (TIFA) LLC FY 2011 Budget as identified in the operating agreement between the City and TIFA that each member must approve the budget. The City being one member and Farmton being the other member. Confirmation was received and Farmton had approved the budget. City Attorney Severs advised that the motion to approve the budget should include to authorize the mayor to execute a memorandum identifying the approval of the budget. Member Burson accepted the change as stated by City Attorney Severs to authorize the mayor to execute a memorandum identifying the approval of the budget. Member Pritchett s second held. Member Long asked for the anticipated reporting cycle for the budget. Water Resources Director Marshall advised the reporting cycle would be on a monthly basis. Member Long asked for clarification whether cost containment strategies were in place. Water Resources Director Marshall advised that cost containment strategies were in place for this project. Member Pritchett asked whether the City would start pulling water from the wells in April Water Resources Director Marshall advised that April 2011 was the estimated time for the first phase of the well field to go into operation. 14

15 City Attorney Severs advised that he felt the City s partner, Farmton, would want a photo op or something of that nature dealing with the actual initial construction of the Area Well Field. Mayor Tulley advised City Attorney Severs to schedule the photo op and Council Members would be present. The motion carried unanimously. (Moved from Conset Agenda) City Manager Ryan read Consent Agenda Item D. as followed: D. Purchase Two Trucks For Solid Waste Approve the purchase of two (2) 2012 Mack LEU613 trucks w/heil DuraPack 7000 Automated Sideloader from Nextran Truck Center, Orlando, FL in the amount of $457,600. City Manager Ryan advised that two vehicles were taken off the lease program and it was time to cycle in new vehicles. Mayor Tulley expressed concern that the old vehicles did not meet the City s expectations and hoped the new vehicles would be different. Public Works Engineer Cook advised the new vehicles would have both body and chaise changes from the previous lease vehicles. Member Long asked for clarification whether there was a consolidated list of vehicles in the budget to be purchased in FY 2011 and if so, where the list could be found. City Manager Ryan advised the list would be provided to Council. Member Pritchett asked for clarification of the annual cost per vehicle to lease the old vehicles and the life expectancy of the new vehicles. Public Works Engineer Cook advised Council the annual operating lease for the two vehicles was $82,577 and the life expectancy of the new vehicles was seven (7) to ten (10) years. Vice-Mayor Johnson moved to approve the purchase of two trucks for solid waste as recommended. Member Pritchett seconded the motion. The motion carried unanimously. 15

16 PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) Sandra Clinger advised that she needed to address an issue regarding Ordinance No Comprehensive Plan Amendment (Remedial Amendment). She clarified when she contacted David Jordan of the Florida Department of Community Affairs (DCA) and asked him specific questions, she asked him from DCA s prospective. From their rules and guidance, she asked what would DCA s position be and would there be any restrictions on the City from their prospective. MAYOR AND COUNCIL REPORTS Mayor James H. Tulley, Jr. Report Mayor Tulley provide a written report and highlighted as followed: Early December he attended the Avera Motors Showing in Rockledge, Florida. December 7, he attended the High Speed Rail for Florida Informational Meeting. December 10, he attended the Congress of Regional Leaders. CITY MANAGER S REPORT City Manager Ryan submitted his written report and highlighted the following items: Approval of the FY 2010 Audit Engagement with McGladrey & Pullen, LLP Included in the agenda package was a copy of the FY 2010 Audit Engagement letter with the firm of McGladrey & Pullen, LLP. McGladrey & Pullen was awarded a five-year contract in 2007 to perform the external audit. The cost for the FY 2010 Audit was $89,725 and was funded within the FY 2011 Budget. A copy of the original Audit Agreement and two amendments that were approved were included in the packet. City Manager Ryan requested authorization for Mayor Tulley to execute this engagement letter. Mayor Tulley asked for clarification to the cost of the service in the past fiscal year. City Manager Ryan advised that in FY 08/09, the cost of the audit was $84,625 with additional services for the Comprehensive Annual Financial Report (CAFR) preparation of $7,800. Vice-Mayor Johnson moved to authorize Mayor Tulley to execute the FY 2010 Audit Engagement letter with the firm of McGladrey & Pullen, LLP as recommended. Member Pritchett seconded the motion. The motion carried unanimously. 16

17 Revision to the Adopted 2011 Legislative Priorities At the November 23, 2010 City Council Meeting City Manager Ryan reported that Mayor Tulley received a document from the Americans for Nonsmokers Rights. This organization was requesting cities and counties throughout Florida urge the Florida Legislature to adopt legislation restoring local control to local governments on the issue of regulating smoking. In 1985, the Florida Legislature adopted the Florida Clean Indoor Air Act that expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on that issue. The City Council directed staff to revise the adopted 2011 Legislative Priorities to include this priority. City Manager Ryan advised that upon further review, he felt it would be wise for Council not to approve the revision to the adopted 2011 Legislative Priorities as it might encourage future elected bodies to broaden smoking in establishments that may not already exist. Consensus of Council was not to add the revision to the adopted 2011 Legislative Priorities. Revision to City Council Outside Agency Appointments At the November 23, 2010 City Council Meeting, Council approved the City Council outside Agency appointments. Since that meeting, Vice-Mayor Johnson determined he had a scheduling conflict with his appointment as the primary City Council Liaison to the Space Coast Economic Development Commission (SEDC). That conflict was the result of his involvement in the Tourist Development Council that met the same date and time as the SEDC. Therefore, staff approached Council Member Burson to request that she assume the role of primary City Council Liaison to the SEDC with Vice-Mayor Johnson being the alternate. Additionally, Vice-Mayor Johnson would become the primary City Council Liaison to the Titusville Area Chamber of Commerce, with no changes to the alternate, Council Member Pritchett. These changes were acceptable to both members. Consensus of Council was to approve the revisions to the Outside Agency Appointments as presented. In addition, Member Kathleen Burson agreed to serve as the alternate City Council Liaison to the North Brevard County Hospital District Board. Traffic Signal Identification Signage Proposal 17

18 Mayor Tulley presented the idea to place numbered signs on each of the City s traffic signals up and down US 1. Since the City of Titusville changed their motto to Gateway to Nature and Space, he proposed that the northbound signs depict pictures of local wildlife along with the number and southbound signs depict pictures of spacecrafts with the number. He stated that possibly local businesses could sponsor signs and that the numbers could be coordinated with the new City Maps. Mayor Tulley asked that Council approve authorization for City Manager Ryan to submit the City of Titusville Traffic Signal Identification Signage Proposal to the Florida Department of Transportation (FDOT) for approval. Discussion ensued. Vice-Mayor Johnson moved to approve authorization to submit the City of Titusville Traffic Signal Identification Signage Proposal to the Florida Department of Transportation for approval as recommended. If approved by FDOT, the City Council would allocate funds to implement the project. Member Pritchett seconded the motion. The motion carried unanimously. City Manager Ryan advised that the request for a workshop between the Community Redevelopment Agency (CRA) and Planning & Zoning Commission (P&Z) was discussed previously at the CRA Meeting held prior to the City Council meeting Strategic Planning Workshops At the November 23, 2010 regular City Council Meeting, a discussion was initiated regarding the Strategic Planning Workshops held each year with the Mayor and the City Council. In 2010, the City Council embarked upon a new process where three workshops were held. The first workshop was held with the citizens and was followed by a second workshop with the Executive Leadership Team, and a third workshop for the City Council to finalize the strategic plan utilizing the services of Ms. Marilyn Crotty with the Florida Institute of Government as a neutral facilitator. During the November 23, 2010 discussion, some members expressed a desire to alter the style of the workshops. Support Services Director Tom Abbate discussed this concept with Ms. Crotty to examine possible format changes. Ms. Crotty and the Institute of Government brought a wealth of local government knowledge to this process and facilitated municipal and county governmental bodies in strategic planning processes throughout the state. In response to Councils request, Ms. Crotty indicated the ability to restructure the citizen meeting and follow-up workshops to meet Council s desired outcome. 18

19 An alternative to utilizing the Florida Institute of Government would be to utilize LEAD Brevard to facilitate this process. LEAD Brevard facilitated the annual City/County Summits and strategic planning processes. City Manager Ryan also believed that Ms. Kristen Bakke, President/CEO and her faculty has skills and abilities to develop a process to meet Council s desired outcome. Additionally, during the November 23, 2010 City Council meeting, Council expressed a desire to continue with the Citizen Budget Advisory Committee (CBAC) process initiated in The CBAC membership consisted of citizens nominated by individual City Council Members and ratified by the entire membership. Support Services Director Abbate was contacting the current CBAC membership to determine their willingness and desire to serve in City Manager Ryan advised he would like to initiate a dialogue regarding the 2011 Strategic Planning meetings and whether Council desired to utilize the Florida Institute of Government or LEAD Brevard to facilitate this process. Discussion ensued on reaching out to other individuals/organizations that would be able to facilitate the workshops. Consensus of Council was for City Manager Ryan to research additional information on individuals/organizations that may be able to facilitate the workshops and report back to Council. Informational Items Recognition of City Staff for the Holiday Decorations at Spaceview Park Information on the Impact of Changes to the Manual of Uniform Traffic Control Devises Update on Fireworks Program Florida League of Cities Partnership to Hire a National Guard or Reserve Veteran Campaign City Council Orientation Rescheduled due to the late hour of the meeting CITY ATTORNEY REPORT City Attorney Severs submitted a written report. City Attorney Severs expressed that he was not aware of what was happening regarding the funding for Police Athletic League (PAL) and advised many of children had benefited from PAL and hoped that the City would continue their funding for PAL. Mayor Tulley advised the only change was to pull back Officer Greg Shaw as Executive Director and everything else would stay the same. 19

20 City Manager Ryan advised Officer Greg Shaw was a sworn police officer and due to budgetary needs, as many sworn officers as possible needed to be put on patrol. Chief Tony Bollinger and his team were attempting to try to find a way to continue the program, but perhaps not utilize a sworn police officer in that capacity. To his knowledge, there was no plan to reduce funding for PAL. City Manager Ryan would provide the Titusville Police Department s plan for PAL at the next regular City Council meeting on January 11, With no further business, the meeting adjourned at 11:30 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk 20