xxx xxx xxx Minutes The request was to approve the minutes of the regular meeting on June 24, 2008.

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1 City Council Regular Meeting August 28, 2008 The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Thursday, August 28, Mayor Ron Swank called the meeting to order at 6:35 p.m. Present were Mayor Ron Swank, Vice-Mayor Paul Secor and Members Conrad Eigenmann, Walt Johnson and Jim Tulley. Also present were City Manager Mark Ryan, City Attorney Dwight Severs and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Mayor Swank asked for a moment of silence and then led those present in the Pledge of Allegiance to the Flag. He then reviewed public speaking procedures for the meeting. Minutes The request was to approve the minutes of the regular meeting on June 24, Member Johnson moved to approve the minutes of the regular meeting on June 24, 2008, as submitted. Member Tulley seconded the motion and it carried unanimously. Special Recognitions and Presentations: Employee of the Month City Manager Ryan recognized Crossing Guard Coordinator Jo Ann Winninger of the Titusville Police Department as Employee of the Month for August He read from her nomination, which highlighted her accomplishments and presented her 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 read as followed: Police Department Doe-B K9 (Canine) Erich Barrett Corporal John Cruz Officer Allen Davies Detective

2 Chris DeLoach Detective Jennifer Gass Officer Michelle Glover Victim Advocate Glen Hamann Sergeant Daedra Hamann Dispatcher Al Ring Officer Lincoln Strom K9 Officer Ann Wininger Crossing Guard Coordinator Water Resources Ulysses Harris Supervisor Jeff Wayner Water/Sewer Field Operations Superintendent Boards and Commissions: North Brevard Commission on Parks and Recreation - The request was to appoint two regular members to the North Brevard Commission on Parks and Recreation for terms that would expire on August 31, Mayor Swank advised that regular member R. Scott Johnson s term would expire at the end of the month and advised that Mr. Johnson had expressed a willingness to continue to serve. Two additional board member applications were received from individuals who had expressed an interest to serve as a regular member, which included Jan Alwine and Robert Chavier. Member Tulley nominated R. Scott Johnson to continue to serve and nominated Robert Chavier as a new regular member. Member Johnson nominated Jan Alwine as a new regular member. Member Tulley expressed a concern regarding Ms. Alwine s application, which did not outline how long she had been a resident of Titusville. Attorney Severs advised that at least one consecutive year of residency in the City of Titusville was required for board membership. Council gave their consensus to reappoint R. Scott Johnson as a regular member to the North Brevard Commission on Parks and Recreation for a two-year term expiring on August 31, Member Johnson moved to table the appointment of the new regular member to the September 9, 2008 regular City Council meeting in order to confirm whether Jan Alwine was a current resident for at least one consecutive year, as required by Code. Vice-Mayor Secor seconded the motion. The motion carried unanimously with Member Tulley opposed. Petitions and Requests from the Public Present (Open Forum) None Consent Agenda

3 Member Tulley moved to approve Consent Agenda Items A through E in accordance with the recommendations. Member Eigenmann seconded the motion. Member Tulley read consent agenda items as follows: A. Approve Resolution No declaring that at a definite time and place a public hearing will be held to consider the vacating, abandoning, and discontinuing certain public streets located along Grannis Street. B. Approve the renewal of the School Resource Officer Agreement with the Brevard County School Board for total cost of $173, with an estimated cost to the City of $30, (18%), after a $142, (82%) reimbursement to the City. C. Approve budget amendment to appropriate additional funds in the amount of $11, for the Hazard Mitigation Roof-Wind Retrofit Grant - City Project #GC0803 with Public Referendum funds in account number GC0703 in order to award bid to Rolesafe International, from Ft. Myers, Florida, for the installation of hurricane screens at the P.D. in the amount of $11, D. Approve award of Bid #08-B-024 to Pride Enterprises, from St Petersburg, Florida in the amount of $98, funded with Forfeiture Funds account# Z08035 E. Approve Resolution No assigning the names of Prairie Lane, Zephyr Land, and Sprout Land to private streets in the Palmetto Ridge Development and directing its use upon the official maps and records of the City. The roll call was: Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson The motion carried unanimously. Ordinances Second Readings, Public Hearings and Related Action: Member Eigenmann moved to approve allowing Agenda Item 9E Conditional Use Permit No to be heard first under Ordinances Second Readings, Public Hearings and Related Action. Member Johnson seconded the motion and it carried unanimously.

4 City Manager Ryan advised that Rezoning No was related to Conditional Use Permit No and should be considered with Conditional Use Permit No Mayor Swank advised that both agenda items would be heard at this time. Mayor Swank read quasi-judicial rules of procedure. Rezoning No related to Ordinance No and Conditional Use Permit (CUP) No City Attorney Severs read the proposed ordinance for the second time by title only as followed: Ordinance No , AN ORDINANCE AMENDING ORDINANCE NO FOR THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING PROPERTY LOCATED AT 1109 SOUTH STREET AND 1117 SOUTH STREET AND PROPERTY LOCATED IMMEDIATELY WEST OF 1109 SOUTH STREET FROM SINGLE FAMILY HIGH DENSITY (R-1C) AND MULTIFAMILY HIGH DENSITY (R-3) TO NEIGHBORHOOD COMMERCIAL (NC) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Ryan outlined Rezoning No The applicant s request was to rezone property located at 1109 South Street and 1117 South Street and property located immediately west of 1109 South Street from Single-Family, High Density Residential (R-1C) and Multi- Family, High Density Residential (R-3) to Neighborhood Commercial (NC) zoning in order to combine the parcels and develop the site for retail and office space, as submitted by John Evans, PA on behalf of Walter Ferrero and Tropical Holdings, LLC, owners. In addition, City Manager Ryan outlined Conditional Use Permit No. (CUP) The applicant s request was to allow a convenience store with gas pumps and sales of non-distilled alcoholic beverages for off site consumption at the same property location, as submitted by John Evans, PA on behalf of Walter Ferrero and Tropical Holdings, LLC, owners. Mayor Swank opened the public hearing. The applicant, John Evans, 1702 S. Washington Avenue, on behalf of Walter Ferrero and Tropical Holdings, LLC, owner, advised that the alcohol permit request was dropped given the concerns of the community. He discussed many items in regards to Conditional Use Permit No that included proposed uses for the property, other surrounding properties, employment opportunities, changes that could be made in order to address any community concerns, etc. Additionally, he expressed that both applications were appropriate. Pastor Bernard C. Wright Sr., 811 Dummitt Avenue, expressed that he opposed Rezoning No and Conditional Use Permit No because of safety concerns, children s safety while crossing the street, and crime. He added that several other convenience stores already existed near the proposed location. He continued by stating that he was not opposed to a restaurant or

5 another type of business being developed at this location. Additionally, Pastor Wright requested Council to deny allowing a convenience store and a gas station be developed as requested by the applicant. Alfonso E. Wilson, North Brevard County, expressed that the conditional use permit application could possibly exploit the area. He expressed that Rezoning No was acceptable and that it would be an enhancement to the community. Michelle Harris, 1070 Tree Lane #A, stated that she had been a resident since 1983 and expressed that she had never seen any improvements made to the Kennedy Apartments (it was mentioned at the meeting that the owner of Kennedy Apartments was the applicant) since the time that she lived in Titusville. She advised that she was opposed to the convenience store. The applicant, John Evans, 1702 S. Washington Avenue, on behalf of Walter Ferrero and Tropical Holdings, LLC, owner, commented on locations near the proposed convenience store where children could cross the street in order to get to the convenience store. He also advised on the potential of moving a bus stop location. He added that the proposed convenience store could be attractive, clean, and well lit to serve the community. He explained that all the other nearby convenience stores were much older and expressed the need for competition. Walter Ferrero, owner of property/developer, commented that he looked at many other options for his property and advised that he had spent a large amount of money on items related to the property. Mayor Swank closed the public hearing. Member Tulley moved to approve Rezoning No and related Ordinance No with the following conditions. 1) The applicant would be required to create a Unity of Title of all the properties; (2) The applicant would be required to provide screening as per Land Development Regulations Sec along the west and southern part of the property; (3) The applicant will be required to conduct a traffic study; (4) The applicant would be required to relocate all the utilities and provide the City with easements; and (5) The applicant agreed to give access easements to the properties west of the subject site. Member Johnson seconded the motion. The roll call was: Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson Member Tulley The motion carried unanimously.

6 Next, Mayor Swank requested Council s desire regarding Conditional Use Permit No. (CUP) Member Tulley expressed that he believed the applicant did not provide evidence that the conditional use permit was compatible with surrounding properties. Member Johnson expressed that the applicant should be treated fairly and met the criteria. Vice-Mayor Secor added that he did not feel traffic was an issue, but expressed a concern regarding crime. Member Eigenmann commented that it was not council s purpose to put others out of business meaning the older, nearby fuel stations and convenience stores that could possibly be affected. City Attorney Severs advised that Council s focus should be on the criteria. Member Tulley moved to deny Conditional Use Permit No based on general compatibility with adjacent properties and other property in the district. Member Johnson seconded the motion. The roll call was: Mayor Swank Member Eigenmann Member Johnson Member Tulley Vice-Mayor Secor no no City Attorney Severs advised that majority vote carried; therefore, Conditional Use Permit No was denied. Ordinance No Dynamic Message Signs - City Attorney Severs read the proposed ordinance related to Dynamic Message Signs for the second time by title only as followed: Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING SECTION OF THE LAND DEVELOPMENT REGULATIONS BY ADDING A DEFINITION FOR DYNAMIC MESSAGE SIGNS ; AMENDING BY EXTENDING THE TIME OF DAY SIGNS MAY NOT BE ILLUMINATED AND BY ADDING SECTION DYNAMIC MESSAGE SIGNS ; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Ryan outlined that previously City Council authorized staff to research and present regulations for electronic signs. Richard Wheelus, Director of Building, advised on the need for the proposed ordinance as it related to improving technology and signage. He advised that it was compatible with the Department of Transportation standards, trade industry and other standards, relative to brightness, source of light, readings, and time changes for messaging, etc.

7 Mayor Swank asked several questions and requested changes to the proposed ordinance. He requested striking the proposed addition, Section (a.)(3)(e.) to the Titusville Code of Ordinances, the display shall have a dark background with only the message in the foreground lit in white, amber, blue or red shade. His concern addressed dark back grounds and messages illuminated in specific colors versus full color backgrounds. Additionally, he expressed concerns regarding proposed ordinance section (a.)(4)(b.) to the Titusville Code of Ordinances in regards to gaining clarification of light intensity measurement terms. He advised that he wanted a defined definition of what a nit was, and advised staff to add this definition to Section Next, Member Eigenmann and Mayor Swank expressed concerns involving Section of the Titusville Code of Ordinances that included addressing variable message signs by definition. Member Tulley commented on building related signs, business sign permissions and asked how many signs were allowed per business, etc. Mayor Swank commented on the history and origins behind the proposed sign related ordinance. Member Johnson moved to approve Ordinance No with the following modifications: Modifications included: (1) Section address variable message signs in definition; (2) Section (a)(3)(e) delete section; and (3) Section add definition for nits. Member Tulley seconded the motion. Mayor Swank opened the public hearing. As no one wished to speak, he closed the public hearing. The roll call was: Member Eigenmann Member Johnson Member Tulley Vice-Mayor Secor Mayor Swank Ordinance No Amending Distance Requirements for Alcohol Sales City Attorney Severs read the proposed ordinance related to Amending Distance Requirements for Alcohol Sales for the second time by title only as followed: Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, AMENDING SECTION 4-3 OF THE CODE OF ORDINANCES BY AMENDING THE DISTANCE REQUIREMENT BETWEEN ALCOHOL SELLING ESTABLISHMENTS AND CHURCHES AND SCHOOLS; ELIMINATING DISTANCE REQUIREMENTS FOR ALCOHOL SALES WITHIN THE CENTRAL BUSINESS DISTRICTS AND SHOPPING CENTERS GREATER THAN 6,000 SQUARE FEET; AMENDING SECTION BY ADDING A DEFINITION OF SHOPPING CENTERS; AND PROVIDING FOR AN EFFECTIVE DATE.

8 City Manager Ryan highlighted staff s request to re-advertise the proposed ordinance and reschedule public hearing dates due to new changes in the proposed ordinance. Mayor Swank requested the definition of a free standing church in comparison to a store front church. Courtney Barker, Planning and Growth Management Director, advised that shopping centers were defined in staff s report and advised that this was for large, shopping centers over 6,000 feet. City Attorney Severs supported tabling proposed Ordinance No and advised that there was a great deal of information that still needed to be considered and evaluated. Mayor Swank opened the public hearing. Paula Cardwell, 237 Olmstead Drive, commented that she had interviewed numerous churches in regards to the proposed ordinance and a current conditional use permit application, which if approved, could allow a church in a Community Commercial (CC) zoning district. Those discussions, she advised, included free-standing churches versus storefront churches and churches with schools attached to them. The concerns were child safety. Ms. Cardwell expressed that more thought and consideration should be given to the proposed ordinance. She felt that store front churches were poverty indicators and expressed that all churches should be treated the same and none of them should be exempt. Vice-Mayor Secor inquired whether grandfathering existing free standing churches should be considered. Courtney Barker, Planning and Growth Management Director, advised that staff would report back to Council with this information. City Manager Ryan commented that the focus of the issues centered on churches and alcohol selling businesses as plaza neighbors. Marlene Adams, 4405 S. Hopkins Avenue, commented that she owned property near a plaza site where there was a current conditional use permit application, which if approved, could allow a church in a Community Commercial (CC) zoning district. She expressed her thoughts on the conditional use permit process and spoke to how the church s conditional use permit could impact her property and someone interested in leasing or buying her property. Also, she expressed that she would not want a conditional use permit to affect any tenant. Buddy Spakes, 4405 S. Hopkins Avenue, commented that he thought the current, undecided, conditional use permit was the issue. The solution, he expressed, should include not allowing any conditional use permit to impact or place restrictions on any property. Mayor Swank closed the public hearing. Member Eigenmann moved to table Ordinance No , Amending Distance Requirements for Alcohol Sales to the regular meeting on September 9, 2008, direct staff to incorporate their discussion into a revised ordinance and re-advertise. Staff would bring back the revised ordinance at the regular meeting on September 9, 2008 for first reading. Vice-Mayor Secor seconded the motion and it carried unanimously.

9 Conditional Use Permit No City Manager Ryan highlighted staff s request for approval of Conditional Use Permit No with the following condition: In order to meet the parking requirements the timing of the church would be limited to weekdays after 5 p.m. and weekends. He advised that the applicant was requesting a conditional use permit to allow a church in a Community Commercial (CC) zoning district. A church was only permitted as a conditional use in this zoning district. The property was located at 4354 S. Hopkins Avenue and currently, the site had an existing vacant building. The size of the site was approximately 6,969 square feet (0.16 acres) and the size of the building was approximately 2,065 square feet. Mayor Swank opened the public hearing. Church representative Daniel Jenkins, 860 Williamsburg Drive, advised that he was present and offered to answer any questions. Paula Cardwell, 237 Olmstead Drive, representing Indian River City Historic Neighborhood offered supplemental handouts to the Council and read from this information. She outlined neighborhood goals, expressed that she felt store front churches were poverty indicators, advised on homeless situations, expressed that the conditional use permit would detract from area home values, etc. Marlene Adams, 4405 S. Hopkins Avenue, requested Council table this item with the proposed Ordinance No Amending Distance Requirements for Alcohol Sales. She felt the ordinances needed to be finalized prior to making a decision on Conditional Use Permit No Buddy Spakes expressed that he did not wish to speak again. Mayor Swank closed the public hearing. Member Johnson moved to table Conditional Use Permit (CUP) No to the regular meeting on September 9, 2008 given the proposed Ordinance No and CUP have a bearing on one another. Member Tulley seconded the motion and it carried unanimously. City Attorney Severs advised that proposed Ordinance Nos , and could be heard together because they were related. He then read the following proposed ordinances for the second time by title only as followed: 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 SOUTH OF STATE ROAD 50, EAST OF I-95 AND WEST OF WINDOVER WAY FROM

10 ITS PRESENT TOURIST (T) ZONING TO REGIONAL COMMERCIAL (RC) ZONING; AND PROVIDING FOR AN EFFECTIVE DATE; and ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING THE FUTURE LAND USE MAP AND BY CHANGING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED SOUTH OF STATE ROAD 50, EAST OF I-95 AND WEST OF WINDOVER WAY WINDOVER WAY FROM ITS PRESENT CONSERVATION LAND USE TO COMMERCIAL HIGH INTENSITY LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE; and 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 WEST OF INTERSTATE 95 AND SOUTH OF STATE ROAD 50 FROM ITS PRESENT TOURIST ZONING TO REGIONAL COMMERCIAL ZONING ; AND PROVIDING FOR AN EFFECTIVE DATE. Rezoning No and related Ordinance No City Manager Ryan highlighted staff s request to approve Rezoning No and related Ordinance No The applicant s request was a change in zoning from Tourist to Regional Commercial to place a cluster type development, which may be combined with additional properties for a retail and restaurant plaza. The existing commercial designation of Tourist zoning allows hotels, commercial tourist attractions, convenience stores, gas stations, and outdoor recreational, but does not allow retail, unless it is an accessory use. He advised that the applicant was requesting Regional Commercial zoning, which would allow for retail uses and restaurants. Small Scale Amendment No and related Ordinance Numbers and City Manager Ryan highlighted staff s request and advised that the applicant, Windover Farms Inc., was requesting a small scale amendment on property located near the intersection of I-95 and State Road 50. The applicant was proposing to build a retail shopping center, which has the potential of 206,000 square feet and would encompass approximately 32 acres. The applicant submitted an application for a small scale amendment to change land use and zoning within those 32 acres to be consistent with the other portion of the property. Mayor Swank opened the public hearing with respect to Rezoning No and related Ordinance No He also opened the public hearing with respect to Small Scale Amendment No and related Ordinance Nos and John Evans, 1702 S. Washington Avenue, representing the applicant, Windover Farms, Inc., distributed a proposed site plan and commented on the proposed land use and rezoning changes, property location, the appearance of surrounding properties, property ownership details, zoning status, etc. He expressed that the proposed changes met plan requirements and would make Titusville much nicer improving the esthetics of the area. Next, Mr. Evans expressed that there were two main issues that he needed to address. The first, he advised, was a 7 acre parcel

11 classified as low grade wetlands, for which the applicant would encumber approximately 200 acres for conservation easement. He commented that the property designated to conservation easement would be in the general area, here in Brevard County and not somewhere else. The second issue he advised was concern of one of the site s current zonings, which was Tourist. Mr. Evans commented that he wished to explain to Council that the Tourist element seemed to be gravitating away from the subject site and was moving toward the north-west quadrant near the hotels, and that the commercial element appeared to be moving toward the south-west quadrant near the applicant s site and surrounding area. Finally, he requested Council approve Rezoning No , Small Scale Amendment No and respective ordinances. Mayor Swank commented on staff s recommendations that included unity of title, screening and buffer being provided along the southeast perimeter, and compliance with wetland requirements. Member Tulley commented on two irregular wetland and conservation land use areas, wetland ground-truthed areas, surveys, delineation, etc. Council discussed frontage, unity of title, developer agreements, and storm water ponds. Jim Swann, 1525 S. Tropical Trail, Merritt Island, FL, representing the applicant, Windover Farms, Inc., commented on wetland areas and advised that certain wetlands could not be obtained while working under the permit that he received from the United States Army Corp of Engineers (USACE). Also, Mr. Swann advised on area changes that he witnessed since first owning the property in Titusville beginning in Al Matroni, 3543 South Washington, expressed that he supported the proposed changes and commented that the proposed changes would promote Titusville as a major shopping area. Also, he added that a sufficient number of area roof tops must be present before retail could begin and believed the area could support the retail growth. Mayor Swank closed the public hearing. Member Johnson moved to approve Rezoning No and related Ordinance No with the following conditions: (1) A developers agreement shall be provided prior to site plan approval; (2) Screening and buffering be provided along the south east perimeter to buffer the commercial use from the residential mobile home park; and (3) The applicant would be required to comply with St Johns River Management District (SJRWMD), United States Army Corp of Engineers (USACE), U.S Fish and Wildlife (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) with regard to impact of wetlands and wildlife habitat; and in the same motion Member Johnson moved to approve Small Scale Amendment No and related Ordinance Nos and with the following conditions: (1) Habitat Management Plan submitted during site plan review; (2) SJRWMD Permit, delineating and agreement with mitigation efforts proposed by developer; (3) The handicap spaces shall be distributed proportionately near the entrance of each building for more convenient access; and (4) A traffic impact study with copies provided to Brevard County Transportation Engineering and the Florida Department of Transportation at site plan submittal. Member Eigenmann seconded the motion.

12 The roll call was: Member Johnson Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann The motion carried unanimously. Mayor Swank called for a short break at 9:44 p.m. At 9:54 p.m. the meeting resumed. Ordinances First Reading - City Attorney Severs read the following ordinances the first time by title only. ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING THE VARIOUS ELEMENTS OF SAID PLAN AND MAPS AMENDING THE FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE ON CERTAIN PROPERTY LOCATED EAST OF NORTH WASHINGTON AVENUE (U.S. HIGHWAY #1) AND SOUTH OF OAK GROVE ROAD FROM PLANNED UNIT DEVELOPMENT AND CONSERVATION LAND USE TO CONSERVATION AND PUBLIC/SEMI-PUBLIC LAND USE; AND PROVIDING FOR AN EFFECTIVE DATE; and ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING PROPERTY LOCATED EAST OF NORTH WASHINGTON AVENUE (U.S. HIGHWAY #1) AND SOUTH OF OAK GROVE ROAD FROM ITS PRESENT STUDY AREA (SA) AND OPEN SPACE AND RECREATION (OR) ZONING TO HOSPITAL- MEDICAL (HM) AND OPEN SPACE AND RECREATION (OR) ZONING; AND PROVIDING FOR AN EFFECTIVE DATE; and ORDINANCE NO AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY ADDING THE PUBLIC SCHOOLS FACILITIES ELEMENT AND ASSOCIATED DATA AND ANALYSIS; AMENDING THE FUTURE LAND USE, INFRASTRUCTURE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS OF SAID PLAN ADOPTING SCHOOL CONCURRENCY CONSISTENT WITH FLORIDA STATE STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE.

13 The public hearings were scheduled for the regular city council meeting on September 9, Old Business - None New Business: Mid-Atlantic Solid Waste (MSW) Presentation Solid Waste Rates and Other Business Opportunities City Manager Ryan advised that Kevin Cook, Deputy Director of the Public Works Department, would outline the request, which was to accept the Solid Waste Rate Schedule for FY 08/09 and authorize further study of other solid waste business opportunities. Mr. Cook advised that Mid-Atlantic Solid Waste Consultants (MSW) were the consultants selected by the City of Titusville to complete the business plan study and advised that the two key issues of interest were as followed: (1) Setting the rates for FY 08/09 for the Solid Waste Services and (2) Exploring what other business opportunities were available regarding the Solid Waste System. John Culbertson, Vice President of Mid-Atlantic Solid Waste Consultants (MSW), gave a presentation that highlighted his company s solid waste business rate recommendations that dealt directly with development of rates and fees to support recommended service levels for FY 08/09. He further identified the solid waste business opportunities to be explored further by staff in regards to the FY 09 budget. As part of his presentation, he highlighted a business plan study for the City of Titusville that included the following project elements: o Data collection and evaluation (billing, revenues, customer base, rates, services, capital and operational costs) o Examination of operations and business practices o Determination of operational cost of services o Development of rates and fees to support recommended service levels o Identification of other solid waste business opportunities to suit community needs o Recommendations for billing system alternatives and improvements o Development of 5 year business plan At 10:30 p.m. Member Tulley moved to extend to the meeting an additional 30 minutes. Member Johnson seconded the motion and it carried unanimously. John Culbertson from Mid-Atlantic Solid Waste (MSW) continued his presentation regarding solid waste rates and other business opportunities. He outlined the following recommendations as they related to the FY 09 budget as followed: (1) Leave residential rates unchanged in FY09;

14 (2) Authorize 1x/week commercial refuse collection and subsequent conversion of customers to larger containers and lower collection frequency; (3) Adopt the proposed 1.0% commercial rate increase and revised container rental charges for FY09; (4) Combine refuse and recycling into one cost center and charge an aggregate rate for solid waste collection; and (5) Proceed with analysis of new business opportunities. Vice-Mayor Secor commented on curb appeal, noise, trash pick up times, and general container appearance. He added that he would like to see the City s phone number and website information printed on each container to serve as a convenience to citizens seeking information on collection schedules, etc. Member Tulley commented on complaints that he had received concerning the shape of the automated system s waste containers and problems associated when tipped. He commented that the results of the solid waste pick up program were mostly positive. Member Tulley moved to accept the Mid-Atlantic Solid Waste (MSW) Presentation Solid Waste Rates and Other Business Opportunities report, as presented. Recommendations included the following: (1) Leave residential rates unchanged in FY09; (2) Authorize 1x/week commercial refuse collection and subsequent conversion of customers to larger containers and lower collection frequency; (3) Adopt the proposed 1.0% commercial rate increase and revised container rental charges for FY09; (4) Combine refuse and recycling into one cost center and charge an aggregate rate for solid waste collection; and (5) Proceed with analysis of new business opportunities. Member Eigenmann seconded the motion and it carried unanimously. Petitions and Requests from the Public Present (Open Forum) None. Mayor and Council Reports Mayor Swank submitted his written report. City Manager s Report City Manager Ryan submitted his written report. City Manager Ryan reported that unless there were any issues with the Edward C. Byrne Memorial Justice Assistance Grant Funds, the City of Titusville would inform the Brevard County Sherriff s office and the County Commissioner of the City s endorsement regarding the proposed expenditure. City Manager Ryan reported on Tropical Storm Fay s impact to the community and commended the City of Titusville for their phenomenal response. He advised that the City was fortunate not to receive the same amounts of rainfall that the south part of Brevard County received during the storm. He advised that the estimated residential related damage in the City of Titusville was approximately $250,000. He advised and urged any persons who needed assistance to call FEMA or to file.

15 City Manager Ryan reported on the new geographic information system (GIS) utilized by the Emergency Operations for the first time during Tropical Storm Fay. He advised that as the City grew, GIS would serve as a greater tool to address drainage issues, trees down, etc. and it would be utilized for the purpose of planning future events. City Manager Ryan reported that the certified election results from the August 26, 2008 vote would not be available until the September 9, 2008 regular City Council meeting. City Attorney s Report none. With there being no further business, the meeting adjourned at 11:00 p.m. ATTEST: Ronald G. Swank, Mayor Wanda F. Wells, City Clerk