SPECIAL CITY COUNCIL MEETING AGENDA. Council Chamber at City Hall, 555 South Washington Avenue, Titusville, FL 32796

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1 SPECIAL CITY COUNCIL MEETING AGENDA TO: FROM: SUBJECT: The Honorable Mayor and City Council William S. Larese, City Manager City Council Special Meeting November 27, 2018 AT 10:30 AM Council Chamber at City Hall, 555 South Washington Avenue, Titusville, FL The purpose of this meeting is as follows: 1. Minutes Approve the minutes of the regular City Council meeting on November 13, Resolution No Canvassing the Returns of the November 6, 2018 General Election Approve Resolution No Canvassing the Returns of the November 6, 2018 General Election, Seats 1, 3, & Public Comment Public Comment - As this is a special meeting, comments from the public present must relate directly to the agenda items. Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting. Page 1 of 36

2 Category: Item: 1. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: Subject: The Honorable Mayor and City Council William S. Larese, City Manager Minutes Department/Office: City Clerk Recommended Action: Approve the minutes of the regular City Council meeting on November 13, Summary Explanation & Background: NA Alternatives: NA Item Budgeted: NA Source/use of funds/budget Book Page: NA Strategic Plan: Strategic Plan Impact: NA ATTACHMENTS: Description Upload Date Type Draft Minutes - November 13, /16/2018 Backup Material Page 2 of 36

3 City Council Regular Meeting November 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, November 13, Mayor Walt Johnson called the meeting to order at 7:20 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. Mayor Johnson asked for a moment of silence and then led those present in the Pledge of Allegiance to the Flag. MINUTES Motion: Member Nelson moved to approve the minutes of the regular City Council meetings on October 23, 2018 (5:30 p.m.), October 23, 2018 (6:30 p.m.) and special City Council meeting on October 17, 2018, as submitted. Member Diesel seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS Quarterly Report Project Based Learning, Inc. A/K/A FabLab City Manager Larese advised that in May 2017, the City entered into a grant agreement with Project Based Learning, Inc., a/k/a FabLab, to purchase capital equipment to establish and operate the FabLab at 4405 Capron Road in Titusville. One provision of that agreement was that Project Based Learning, Inc. would provide quarterly reports to Council for a period of not less than three years. The report provided by FabLab was included in the agenda package. A copy of the agreement between Project Based Learning, Inc. and the City was also included in the agenda package. Vice-Mayor Barringer expressed concern that Project Based Learning Inc., a/k/a FabLab, was not meeting the conditions agreed upon with the City to leverage their existence in the Draft Minutes November 13, 2018 Page 3 of 36

4 community. He was concerned about what would happen to the equipment that was purchased if Project Based Learning Inc., a/k/a FabLab, defaulted. He recommended recovery of the equipment or have Project Based Learning Inc. a/k/a FabLab provide a presentation as to what their plans were for the future. He stated that the equipment could possibly be utilized by one of the schools in the community. Member Nelson advised that Brian Kamm had spoken to the Space Consortium about a partnership to borrow the equipment to be used for training for a variety of companies. Motion: Member Nelson moved to recognize the written report provided to the City Council and requested a representative from the Project Based Learning, Inc. a/k/a FabLab attend a future meeting to present a report to the City Council. The motion included reviewing options for the use of the equipment if Project Based Learning, Inc. defaulted, whether they were providing a public purpose, and partnerships with other non-profits that the City deemed to provide a public purpose. Member Diesel seconded the motion. The motion carried unanimously. City Clerk Wells read the procedures for public comment. BOARDS AND COMMISSIONS Dual Membership Titusville Environmental Commission and Planning and Zoning Commission City Manager Larese advised that staff requested that the City Council appoint one of the regular members from the Planning and Zoning Commission (P&Z) to also serve as a regular member to the Titusville Environmental Commission (TEC). At the Planning and Zoning Commission meeting, staff polled the members to determine if any of the members were willing to serve on the Titusville Environmental Commission to satisfy the requirement of the Code. Planning and Zoning Commission Member Dwight Severs was willing to be considered to serve as a regular member to the Titusville Environmental Commission with a term to expire on November 30, Discussion ensued on whether it was necessary to have an individual serve on both the P&Z and the TEC. Motion: Member Nelson moved to table the Dual Membership Titusville Environmental Commission and Planning and Zoning Commission and requested staff review the purpose of dual membership and bring back recommendations. Member Diesel seconded the motion. The motion carried unanimously. Draft Minutes November 13, 2018 Page 4 of 36

5 North Brevard Library District Board City Manager Larese advised that the request was to accept the North Brevard Library District Board's Semi-Annual Report, as written. Motion: Member Diesel moved to accept the North Brevard Library District Board's Semi-Annual Report, as written. Member Stoeckel seconded the motion. The motion carried unanimously. Municipal Code Enforcement Board City Manager Larese advised that there was one vacancy for an alternate member with an unexpired term to expire on October 31, There was one application on file for consideration. Mr. Jacob Edwards expressed his willingness and desire to serve on this board. His application was included in the agenda package. There were currently no other applications on file for consideration. Jacob Edwards stated that he was interested in being involved in the community and making a difference. He felt being appointed to the Municipal Code Enforcement Board would be a great start in helping to make a difference and better the community. Motion: Member Nelson moved to appoint Jacob Edwards as an alternate member to the Municipal Code Enforcement Board for an unexpired term to expire on October 31, Member Stoeckel seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) - None CONSENT AGENDA Based on the action of the Community Redevelopment Agency at their regular meeting on November 13, 2018, City Manager Larese asked that Consent Agenda Item G - Award of Contract - CRA Courts Decorative Painting be pulled from the agenda. Consent Agenda was read as followed by City Manager Larese. A. Purchase of Police Vehicles Fiscal Year Approve the use of the Sourcewell Contract (formerly National Joint Alliance) # NAF for the purchase of nine (9) 2019 Interceptor vehicles from Alan Jay Fleet Sales at $50, each for a total amount of $453, and approve the use of the Florida Sheriff's Association Contract #FSA18-VEL26.0/FSA18-VEH16.0 for the purchase of one (1) 2019 Ford Police Truck Draft Minutes November 13, 2018 Page 5 of 36

6 from Duval Ford Fleet and Sales at $46, Total amount for Project Z01915: $499, B. Buy Out of Titusville Police Department Leased Vehicles - Approve buy out of leases with Mears Motor Leasing for eleven (11) police vehicles: Eight (8) $5,230 each = $41,840; and Three (3) $8,283 each = $24,849. Total: $66,689. C. Appropriate Forfeiture Funds for Vehicle Maintenance/Crime Prevention - Appropriate and approve the use of $10,000 in Forfeiture Funds for repairs and maintenance of forfeiture vehicles; appropriate and approve the use of $4,000 in Forfeiture Funds to purchase crime prevention materials to promote various services the police department supported; and approve the attached budget amendment. D. State Forfeiture Funds to Provide Extensive Leadership Training - Approve and appropriate sixteen thousand five hundred seventy five dollars ($16,575) in State Forfeiture Funds to provide extensive leadership training to our supervisors, and approve the required budget amendment. E. Budget Amendment - CRA Building Grants - Approve the Budget Amendment in the amount of $27,700 as recommended by the CRA to add funds to the CRA Building Grants Account to provide sufficient funds to provide a Commercial Interior Renovation Grant for a major renovation project in the CRA. F Tree City USA Recertification - Authorize the Mayor to sign the 2018 Tree City USA recertification application. H. Amendment No. 1 to Resilient Titusville Agreement with the Florida Department of Environmental Protection - Approve and accept Amendment No. 1 of the Resilient Titusville Agreement with the Florida Department of Environmental Protection, and authorize the Mayor to execute based upon final approval by the City Attorney. I. Advisability Regarding Parking Lots as Permitted Uses - Approve advisability for staff to review the Land Development Regulations related to the parking lots. J. Ratification of IAFF contract for FY Approve the Collective Bargaining Agreement between the International Association of Firefighters, Local 2445 and the City of Titusville and approve retroactivity of wages back six months to April 1, 2018 for FY K. Kirk Point Riverfront Park Sign - Provide staff direction on signage for Kirk Point Riverfront Park. Member Nelson advised that Mr. Kirk was present and asked that Consent Agenda Item K - Kirk Point Riverfront Park Sign be heard after Consent Agenda to allow time for discussion. Motion: Draft Minutes November 13, 2018 Page 6 of 36

7 Member Nelson moved to approve Consent Agenda Items A through F and H through J in accordance with recommendations. Member Diesel seconded the motion. The roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously. Consent Agenda Item K Kirk Point Riverfront Park Sign - City Manager Larese advised that included the agenda package was an example of what the sign would look like that would be installed at Kirk Point Riverfront Park. Member Nelson asked whether Mr. Kirk had seen the sign. Bob Kirk stated that he had been trying to look at the sign for months and had offered to help purchase the sign. He advised that he would like to look at the sign. Mayor Johnson stated that Mr. Kirk would be given all the information regarding the sign once it was approved by Council. Motion: Member Nelson moved to approve Consent Agenda Item - Kirk Point Riverfront Park Sign, in accordance with recommendations, with the stipulation that Bob Kirk would have the opportunity for input on the signage prior to the final production. Member Diesel seconded the motion. Member Stoeckel asked for confirmation that once Bob Kirk provided his input on the signage, it would come back before Council for final review and approval. City Manager Larese advised that this item was just for direction and the final sign would be brought back to Council for approval. The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Draft Minutes November 13, 2018 Page 7 of 36

8 Ordinance No Height Overlay Ordinance City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDIACES TO CREATE A HEIGHT OVERLAY TO INCREASE MAXIMUM BUILDING HEIGHTS IN SPECIFIED AREAS BY CREATING CHAPTER 29 SPECIAL DISTRICTS AND OVERLAYS, SPECIFICALLY CREATING ARTICLE IX HEIGHT OVERLAY, SECTIONS THROUGH SECTIONS , AND AMENDING CHAPTER 37 DEFINITIONS, 37-1 DEFINITIONS TO ADD DEFINITIONS RELATING TO HEIGHT; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. The Planning and Zoning Commission recommended denial, as written. The Planning and Zoning Commission recommended further changes based on their comments. City Manager Larese highlighted the request included in the agenda package. Community Development Director Peggy Busacca provided the concerns of the Planning and Zoning Commission that included that most of the members simply did not feel comfortable with additional height. She highlighted the changes to the ordinance provided in the agenda package. Discussion ensued. Mayor Johnson opened the public hearing. Thomas Guiton stated that he was the secretary for the Kennedy Point Condominium Board and that all the people he had spoken with felt very positive about an increase to the maximum building height in specified areas, He also felt this would be an opportunity for the City to make money. Richard Barnes stated that he owned a unit at Kennedy Point. He was ecstatic about the marina at Kennedy Point being restored and that everyone he had talked to was really excited for that part of Titusville to evolve. Robert Kirk stated that he attended the first public hearing for the ordinance and out of the seven citizens that spoke on the item, none were opposed to the height. He felt that a section of the west side of U.S. Highway 1 should be included in the map of the height overlay boundaries. Kent Oliver advised that he was the applicant of the development for Kenney Point Marina and the hotel project. He stated that he felt the whole U.S. Highway 1 corridor along the area of Kennedy Point should be included in the height overlay boundaries. He advised that he appreciated all of the staff s time and effort trying to present a comprehensive plan and overlay that would benefit the City, but felt some areas were excluded. He asked Council to approve this item with an amendment to include Mr. Kirk s property in the height overlay boundaries. He asked Council to consider an amendment to increase the maximum building height to one hundred and fifty (150) feet. Draft Minutes November 13, 2018 Page 8 of 36

9 City Attorney Broome advised that notices were sent to adjacent property owners when the ordinance was prepared based on a specific overlay area and that it would not be proper to add properties to that specific overlay area that were not provided notices. Second, the Planning and Zoning Commission had not evaluated the change. He recommended that if it was Council s intention to add property to a specific overlay area, Council would need to send the ordinance back to staff, notices should be sent to owners of surrounding properties, then sent back to the Planning and Zoning Commission for review, and then brought back to Council for consideration. The other option was to approve the ordinance as presented and then come back to Council with a separate ordinance. Rodney Honeycutt thanked Council for considering the ordinance to allow additional height. He felt there was room to add additional height to the ordinance, without having another hearing. He stated that he supported the ordinance. Philip Nohrr thanked Council for considering the ordinance. He commented on addressing the height at that meeting, without having to re-advertise the ordinance. Community Development Director Busacca recommended taking out the number of stories and simply say the maximum height would be one hundred and fifty (150) feet. Mr. Nohrr asked for approval of the ordinance with the height requirement of one hundred and fifty (150) feet. Discussion ensued that included changes to the ordinance. Mayor Johnson closed the public hearing. Motion: Vice-Mayor Barringer moved to approve Ordinance No Height Overlay Ordinance, as modified. Changes to Section (d) included: (1) Change one hundred and twenty (120) feet to one hundred and fifty (150) feet and (2) remove ten (10) stories, and provide advisability for staff to prepare an ordinance to expand the height overlay that would be inclusive of the property to the west side of U.S. Highway 1 otherwise known as Mr. Kirk s property. Mayor Johnson advised that Mr. Kirk had stated he would wait to a future time on having his property included in the height overlay area. Vice-Mayor Barringer amended his motion to remove the advisability for staff to prepare an ordinance to expand the height overlay that would be inclusive of the property to the west side of U.S. Highway 1 otherwise known as Mr. Kirk s property. Member Nelson seconded the motion. The roll call was: Member Nelson Draft Minutes November 13, 2018 Page 9 of 36

10 Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel The motion carried unanimously. City Manager Larese asked whether there was a consensus of Council to direct staff to proceed with research to expand the new height overlay that was approved in Ordinance No Council was in agreement. Ordinance No Screened Porches City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDIACES BY AMENDING CHAPTER 28 ZONING, SECTIONS ACCESSORY USE TABLE AND ATTACHED SCREEN PORCH TO DESIGNATE ATTACHED SCREEN PORCHES AS A PERMITTED ACCESSORY USE IN SPECIFIED ZONING CLASSIFICATIONS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. The Planning and Zoning Commission recommended approval, 6-0. City Manager Larese highlighted the request included in the agenda package. Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. Motion: Member Nelson moved to approve Ordinance No Screened Porches, as recommended. Member Stoeckel seconded the motion. The roll call was: Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson The motion carried unanimously. Ordinance No Storage of Materials Draft Minutes November 13, 2018 Page 10 of 36

11 City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDIACES BY ESTABLISHING A TIMEFRAME FOR STORAGE OF MATERIALS AND EQUIPMENT ON SITE PRIOR TO COMMENCEMENT OF PERMITTED LAND DEVELOPMENT ACTIVITIES BY AMENDING CHAPTER 30 DEVELOPMENT STANDARDS, SPECIFICALLY AMENDING SECTIONS GENERAL PROVISIONS AND PROHIBITION ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. The Planning and Zoning Commission recommended approval, 6-0. City Manager Larese highlighted the request included in the agenda package. Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. Motion: Member Nelson moved to approve Ordinance No Storage of Materials, as recommended. Member Diesel seconded the motion: The roll call was: Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson Mayor Johnson The motion carried unanimously. Ordinance No Permitting Projections into Setbacks in the Multifamily High Density Residential (R-3) Zoning District City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDIACES BY AMENDING CHAPTER 28 ZONING, SECTIONS MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3) AND SECTION PROJECTIONS; FENCES AND WALLS TO PERMIT SPECIFIC STRUCTURES TO PROJECT INTO REQUIRED PRINCIPAL STRUCTURE SETBACKS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. The Planning and Zoning Commission recommended that the City Council table the ordinance to allow time for further staff analysis, 6-0. City Manager Larese highlighted the request included in the agenda package. Draft Minutes November 13, 2018 Page 11 of 36

12 Community Development Director Busacca highlighted the concerns that were presented to the Planning and Zoning Commission, which included no language that clarified the shoreline protection setback. A revised ordinance was distributed by staff that included changes to Section (b). It was revised to read as followed: Within any townhome development adjacent to the Indian River Lagoon and located in the R-3 district, elevated decks or balconies (excluding screen rooms or other enclosures) on townhouses may project into the rear yard setback a maximum of five (5) feet toward the water where the property is adjacent to a major water body, or a common area. Open stairs, fire escapes and chimneys on townhouses may project no more than four (4) feet into the required side or rear setback. Principle structures, including balconies, may not extend into the shoreline protection setback required by Section 30-63, Shoreline protection setbacks. Mayor Johnson opened the public hearing. Robin Taylor stated that this ordinance would affect her property. She provided Council handouts and information that showed the conformity trying to be accomplished in the property complex. She advised that her property complex would like a maximum of eight foot added to the ordinance to allow for the new balconies. Motion: Member Diesel moved to allow Robin Taylor an addition one (1) minute to speak. Member Nelson seconded the motion. The motion carried unanimously. Ms. Taylor highlighted pictures of her unit in the complex that had no third floor balconies and units that had third floor balconies that were in conformity. She provided Council a handout of her proposal for a third floor balcony. Tammie and Chuck Hermanson stated that they had applied for a permit to add a deck to the second and third floor of their unit in the same complex as Ms. Taylor s and it had been denied. They requested that City Council approve Ordinance No Mayor Johnson closed the public hearing. Motion: Member Nelson moved to approve the revised Ordinance No Permitting Projections into Setbacks in the Multifamily High Density Residential (R-3) Zoning District, as distributed by staff. Vice-Mayor Barringer seconded the motion. The roll call was: Member Stoeckel Draft Minutes November 13, 2018 Page 12 of 36

13 Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer The motion carried unanimously. ORDINANCES-FIRST READING - None OLD BUSINESS - None NEW BUSINESS Council Consideration of Bid Protest Pursuant to Award of Bid # 18-B-043 Inspiration Village Lot 9, Home Construction; Followed by the Award of the Bid to the Lowest Qualified Firm City Manager Larese advised that on July 30, 2018, the Neighborhood Services Department issued Bid #18-B-043 seeking the construction services of a qualified residential home builder to construct the final home in Inspiration Village. Through the DemandStar bid system, over 1,300 potential bidders were notified. On October 1, 2018, the City received two bids: Smith Development & Construction, Inc. in the amount of $138,820 Parkit Construction in the amount of $134,705 After careful review and consideration of the bids received in accordance with the Notice to Bidders including its specifications, bid submittal requirements, and the experience and qualifications of the bidders, the Neighborhood Services Director recommended award of contract to the qualified lowest bid contractor, Smith Development & Construction, Inc. of Merritt Island in the amount of $138, It should be noted this recommendation was consistent with HUD procurement guidelines, which included provisions that "Grantees will make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. After evaluation of the bids, the City announced its intent to recommend the award of bid number # 18-B-043 to Smith Development & Construction, Inc. Subsequently, the City received a letter from Parkit Construction dated October 16, 2018 giving the City notice of its intent to formally protest the recommended award of the bid to Smith Development. Subsequently, on October 26, 2018, the City received a second letter dated October 25, 2018 from Parkit Construction detailing the elements of the protest. A copy of Parkit's Construction bid protest was included in the agenda package. Draft Minutes November 13, 2018 Page 13 of 36

14 In accordance with City Policy, the City s Purchasing and Contracting Administrator would gather evidence, discern the facts and make a recommendation to the City Manager. The City Manager would present his recommendations to the governing body that would make the final decision on the matter. The investigation conducted by the City s Purchasing & Contracting Administrator pursuant Parkit Construction s protest found that: 1. The additional information requested, by the City from the Bidders, regarding their prior experience and work load was in compliance with the bid document issued by the City for Bid # 18-B-043 for the construction of a single-family home in Lot 9 Inspiration Village, Project NSP # 3 and pertinent to determine that the intended award of the bid was being made to a firm experienced building single-family homes. 2. Parkit Construction, Inc. failed to provide to the City any evidence documenting that they had constructed any new single-family homes, first, when requested by Neighborhood Services and secondly, in its protest letter of October 25, Smith Development had constructed 6 single-family homes in the last 2 years and Staff determined that Smith Development was the lowest qualified Bidder for this project. 4. There was no basis to change the intended recommendation to award the bid to Smith Development as a result of the protest letter submitted by Parkit Construction, Inc. The City Manager carefully reviewed the facts and the recommendation submitted by the Purchasing and Contracting Administrator, Jesus Vieiro. It was the City Manager s recommendation that the facts presented did not warrant honoring Parkit s bid protest and he recommended the denial of Parkit Construction s bid protest. David Park, owner of Parkit Construction, advised that depending on Council s decision, he would proceed with a law suit against the City of Titusville on this issue. He then highlighted his formal written protest that was included in the agenda package, regarding the bid award background information that included his qualifications as a contractor. Mr. Park s time to speak ran out. As this was a protest, he was allowed to continue to speak with no time constraint. Mr. Park continued to provide his qualifications and reasons for litigation. Motion: Member Nelson moved to deny Bid Protest pursuant to the award of Bid # 18-B-043 for the construction of a single-family home in Lot 9 of Inspiration Village and protest, and to approve the award of Bid # 18-B-043 to Smith Development and Construction, Inc., for Inspiration Village Lot 9 home construction, and authorize the Mayor to execute the contract subject to the Draft Minutes November 13, 2018 Page 14 of 36

15 resolution of the contract terms by the City Attorney. Member Diesel seconded the motion. The motion carried unanimously. Antigua Bay, Phase 1 Sketch Plat City Manager Larese advised that the Planning and Zoning Commission recommended approval, 5-0, subject to the conditions included in the agenda package. Antigua Bay, Phase 1 was a proposed 100-lot subdivision on approximately acres located east of U.S. Highway 1 and north of State Road 405. This was the first phase of the overall project, which consisted of approximately 345 acres and no more than 2,404 residential units, according to the Antigua Bay Development Agreement. The City Council approved the Development Agreement with Master Plan for the Antigua Bay project in The Master Plan included single-family home lots at the north of the property, both multi-family and commercial zoned property, recreational amenities such as a public boardwalk and walking trails, and open space. The Sketch Plat was for 100 single family lots of Parcel 5 of the Antigua Bay Master Plan. Concurrency Statement: The 100-lot single family subdivision meets all level of service standards for concurrency related facilities: water and sewer, transportation, parks and recreation, stormwater, and solid waste. Impacts to the level of service standard for school concurrency will be evaluated with the preliminary plat. Community Development Director Busacca highlighted the Planning and Zoning Commission s recommendations included in the agenda package. She advised that staff recommended that this item be approved under the following conditions: The location of the legal positive outfall be depicted on the sketch plat, The 25-foot preservation buffer be shown on the sketch plat, and A note from the applicant that a stabilized road would be created when the water line was put in. Member Nelson asked whether the updated opinion of title would be included as a condition. Community Development Services Director Busacca advised that the opinion of title would be a condition and that staff would not move forward until that was received. Jake Wise stated that he was the Civil Engineer for the project and that they were fine with all the conditions, as written, and that he was available for questions. Kristy Mount was available for questions. Motion: Draft Minutes November 13, 2018 Page 15 of 36

16 Member Nelson moved to approve the Sketch Plat for Antigua Bay, Phase 1, as recommended with the following conditions: (1) Identify the location of the legal positive outfall on the sketch plat; (2) Identity the 25-foot natural preservation buffer on the sketch plat; (3) An updated opinion of title; and (4) A note from the applicant that a stabilized road would be created when the water line was put in. Member Stoeckel seconded the motion. The motion carried unanimously. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor Johnson submitted a written report. Mayor Johnson advised that he was unable to attend the November 9, 2018, Veteran s Day Program at Apollo Elementary School or the November 12, 2018, 5 th Annual Salute to Veterans at Parrish Health & Fitness Center. Member Diesel advised that he had attended some great events that included various Veteran s Day Ceremonies, the Parks and Recreation Cuyler and Campbell Park Thanksgiving event, and the Titusville High School Band Uniform Fund Raiser Event. CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted, as followed: Action Items Special Council Meeting to Discuss the City s CDBG Program Staff requested Council schedule a special meeting to hold a public hearing on the City s annual CDBG program accomplishments and to hear from those agencies seeking CDBG grant funding under the Neighborhood Services Department Request for Proposal, Public Service Activities. Potential meeting dates were: Primary: Tuesday, January 15, 2019 Draft Minutes November 13, 2018 Page 16 of 36

17 Alternate: Tuesday, January 29, 2019 Consensus of the Council was to hold a special City Council meeting to hold a public hearing on the City s annual CDBG program accomplishments and to hear from those agencies seeking CDBG grant funding under the Neighborhood Services Department Request for Proposal, Public Service Activities on Tuesday, January 15, Informational Items FY 19 Legislative Priorities City Manager Larese requested Council s permission to add the Commemorative Naming of South Street to Martin Luther King, Jr. Boulevard to the City of Titusville 2019 Legislative Priorities. He advised that a resolution from the State would be needed and he would like to bring visibility through the City s Legislative Priorities to make that happen. Council was in agreement. Remaining Informational Items Council Appointments to Outside Agencies Living Shoreline Program Vice-Mayor Barringer thanked City Staff and the Leadership Team for their hard work and help during his time on City Council, thanked the public for entrusting him with the opportunity to serve on the Council. He also thanked his family for their support and dedication for allowing him to serve for the past four years. CITY ATTORNEY S REPORT - None With no further business, the meeting adjourned at 10:30 p.m. ATTEST: Walt Johnson, Mayor Draft Minutes November 13, 2018 Page 17 of 36

18 Wanda F. Wells, City Clerk Draft Minutes November 13, 2018 Page 18 of 36

19 Category: Item: 2. City of Titusville "Gateway to Nature and Space" REPORT TO COUNCIL To: From: The Honorable Mayor and City Council William S. Larese, City Manager Subject: Resolution No Canvassing the Returns of the November 6, 2018 General Election Department/Office: City Clerk Recommended Action: Approve Resolution No Canvassing the Returns of the November 6, 2018 General Election, Seats 1, 3, & 5. Summary Explanation & Background: City Charter and Section 7-5 of the Code of Ordinances provides for the canvassing of election returns. Pursuant to this section, the returns of the November 6, 2018 will be transmitted to the City Council at this meeting. Attached is a copy of the resolution canvassing the results of the general election held on November 6, 2018 with a copy of the election results (unofficial). The official results of the County Canvassing Board with Brevard County will be distributed prior to the City Council meeting on November 27, Alternatives: NA Item Budgeted: NA Source/use of funds/budget Book Page: NA Strategic Plan: Strategic Plan Impact: NA ATTACHMENTS: Description Upload Date Type Resolution No /15/2018 Backup Material 2018 Election Results (Unofficial) 11/15/2018 Backup Material Page 19 of 36

20 RESOLUTION NO A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA, CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD ON NOVEMBER 6, 2018 FOR ELECTION OF CANDIDATES FOR CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, candidates for the Office of City Council, Seat 1 and Seat 3 were unopposed; and WHEREAS, a general election of candidates for the Office of City Council, Seat 5 was held pursuant to law on November 6, 2018; and WHEREAS, it appears that the inspectors and clerks appointed to conduct said election have duly filed their returns of the election as provided by law, and all absentee and provisional ballots cast at said election have been counted as provided by law; and WHEREAS, it appears that said election has been duly and properly held in accordance with law and that votes cast have been duly and regularly returned, delivered and canvassed. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, FOUND AND DECLARED AND CERTIFIED by the City Council of the City of Titusville, Florida at a special meeting of said Council, at which the official returns of said election have been fully canvassed according to law as follows: Section 1. That the following candidate, Robert Jordan was unopposed for City Council, Seat 1, and is hereby found and declared to be elected to said office for a fouryear term. Section 2. That the following candidate, Dan Diesel was unopposed for City Council, Seat 3, and is hereby found and declared to be elected to said office for a fouryear term. Section 3. That the following candidates received the following votes in the election for City Council, Seat 5: Steven G. Heisler 7,224 Jo Lynn Nelson 11,251 That Jo Lynn Nelson received a majority of the votes cast in the election for City Council Seat 5, and is hereby found and declared to be elected to said office for a four-year term. Resolution No Page 20 of 36

21 Section 4. That said election was in all respects conducted in accordance with law, all steps in connection with and preceding such election have been duly, regularly and lawfully taken, and all provisions of the Statutes and Constitution of the State of Florida have been duly complied with. Section 5. Said returns shall be declared as the result of the election and entered and recorded in the minutes of the Council; and this Resolution, determination, finding, declaration and certificate shall be recorded in the minutes of this Council. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 27 th day of November, Walt Johnson, Mayor ATTEST: Wanda F. Wells, City Clerk Resolution No Page 21 of 36

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