xxx xxx xxx xxx Sandra Reller (Public Works) - Reduced the amount of time the NPDES reporting process takes.

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1 City Council Regular Meeting November 28, 2017 The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, November 28, Mayor Walt Johnson called the meeting to order at 6:30 p.m. Present were Mayor Johnson, Vice- Mayor Matthew Barringer, and Members Daniel Diesel, Jo Lynn Nelson, and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Mayor Johnson requested a moment of silence and led those present in the Pledge of Allegiance to the Flag. City Clerk Wells read the procedure for public comments and participation. APPROVAL OF MINUTES Member Nelson moved to approve the minutes for the special City Council meeting on November 7, 2017, as submitted. Member Diesel seconded the motion and it carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS: Lean Six Sigma Green Belt Certifications Staff distributed a list of Lean Six Sigma certifications and projects to the Council. Mayor Johnson, City Manager Larese, and Bonnie Hogue of CAS Adaptive Solutions recognized and presented the following City employees with the Lean Six Sigma Green Belt Certification, after each completed an individual project to earn the certification. The employees and their projects were, as followed: Sandra Reller (Public Works) - Reduced the amount of time the NPDES reporting process takes. Mariana Hristova (Community Development) - Revised the City s street naming and addressing standards to be consistent with the USPS. Ms. Hristova was unavailable; therefore, her certificate would be presented to her following the meeting. Page 1 of 16

2 Brad Parrish (Community Development) - Revised the City s street naming and addressing standards to be consistent with the USPS. Kenneth Dobson (Community Development) - Revised the City s street naming and addressing standards to be consistent with the USPS. Erlina Lively (Police Department) - Decreased the number of s between the State Attorney s Officer and the Police Department in regards to court work cases. Shane Daily (Support Services) Made time improvements to quarterly Talking Points. John Hustoles (Fire Department) - Patient Refusal Process. Interactive City Maps The request was to accept the presentation on the City's new online interactive map portal. Planning Manager Brad Parrish gave a presentation that highlighted the features and benefits of the City s new Geographic Information Systems (GIS) based interactive maps, which was a collaborative project completed by four City departments. Council heard the presentation; however, did not formally accept the presentation. Letters of Appreciation City Manager Larese read the list of employee names that recently received Letters of Appreciation, as followed: Community Development Steve Adams, Deputy Building Official Police Department Jason Hanson, Police Officer Public Works Department The entire Stormwater Team and the Tree Removal Team Water Resources Ashleigh Smith, Project Engineer BOARDS AND COMMISSIONS: Municipal Code Enforcement Board The request was to appoint one alternate member to an unexpired term that would expire on October 31, Currently, there were two vacancies for alternate members with terms to expire on October 31, 2020; however, there was only one application on file from Norman (Norm) Herman, who desired to serve on this board as an alternate member. There were no other applications on file for Council s consideration. Norm Herman briefly spoke on his behalf, experience, and education. Page 2 of 16

3 Member Nelson moved to appoint Norman (Norm) Herman as an alternate member on the Municpal Code Enforcement Board for an unexpired term to expire on October 31, Member Stoeckel seconded the motion and it carried unanimously. Titusville Environmental Commission The request was to appoint one alternate member to the Titusville Environmental Commission for a three-year term expiring on November 30, The term of Alternate Member Todd St. Louis was due to expired on November 30, Member St. Louis desired continuing to serve on this board for another three-year term. There were no other applications on file for Council s consideration. Vice-Mayor Barringer moved to reappoint Todd St. Louis as an alternate member on the Titusville Environmental Commission for a three-year term to expire on November 30, Member Nelson seconded the motion and it carried unanimously. Planning and Zoning Commission The request was to appoint one regular member to the Planning and Zoning Commission for an unexpired term that would expire on January 31, There was one application on file from Mr. William Killpartrick, who had expressed his desire to serve on this commission as a regular member. There were no other applications on file for Council s consideration. William Killpartrick briefly spoke on his behalf and experience. Member Nelson moved to appoint William Killpartrick as a regular member on the Planning and Zoning Commission for an unexpired term to expire on January 31, Member Stoeckel seconded the motion and it carried unanimously. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) None. CONSENT AGENDA: City Manager Larese advised that staff requested hearing Consent Agenda Item 8E immediately following the remainder of the Consent Agenda items. The reason was due to staff wanted to provide additional information and clarification on the agenda item. Page 3 of 16

4 Member Nelson moved to approve Consent Agenda Items A, B, C, and D upon reading and as recommended. Vice-Mayor Barringer seconded the motion. City Manager Larese read Consent Agenda Items A, B, C and D, as followed: A. Reprogramming of TPD Personnel Support Cost Funds - Approve reprogramming of $38,282 in Titusville Police Department personnel support funds to the following: (1) $22,500 to Human Resources to fund a temporary, part time HR assistant to assist in implementing executime, payroll and applicant tracking & processing tasks and (2) $15,782 to Police Department overtime account to help mitigate staffing shortfalls in the Police Dispatch Center. B. Acceptance of Two Utility Easements from Titusville FD, LLC for the Family Dollar on Dairy Road - Accept two utility easements from Titusville FD, LLC for the newly completed Family Dollar on Dairy Road. C. Purchase of Code Enforcement Vehicle - Approve use of the National Joint Powers Alliance Contract # NAF for purchase of one (1) 2018 Ford Interceptor SUV from Alan Jay Fleet Sales at $35, Total $35, D. CIGNA Retiree Medicare Supplement and Pharmacy Plan change - Approve a change in the annual expenditure amount for the Cigna Medicare Supplement and Pharmacy Plan for City retirees eligible for Medicare for calendar year 2017 from $481,580 to $543,780. The increase is based on an increase in the number of plan member participants becoming Medicare eligible during the calendar year from a projected number of 99 plan members to 110. Consent Agenda Item E E. FY 2017 Year End Budget Adjustments City Manager Larese read the request to approve the FY 2017 Year End Budget Adjustments. Finance Director Bridgette Clements advised that the FY 2017 year end budget adjustments needed to be modified to reflect an increase of $14,841 to the partially self-insured fund for a total of $3,976,597. The source of funds for the increase was the excess City contributions from open positions. Member Nelson moved to amend the motion on the floor to add and also include the approval of Consent Agenda Item 8E - FY 2017 Year End Budget Adjustments, in accordance with the recommendations and the change made by Finance Director Clements. Vice-Mayor Barringer s second held. The motion carried unanimously. ORDINANCES SECOND READING, PUBLIC HEARING AND RELATED ACTION: Page 4 of 16

5 Comprehensive Plan Amendment No Relating to Conservation Land Uses City Manager Larese read the request as provided in the Council agenda packet. The request was to conduct the public hearing for the transmittal of Comprehensive Plan Amendment (CPA) No amending the Code of Ordinances by amending Ordinance No , which adopted the Comprehensive Plan of the City of Titusville, by adopting Comprehensive Plan Amendment amending Policy of the Future Land Use Element of the Comprehensive Plan relating to conservation land uses; providing for severability; and providing for an effective date. It was noted that the Planning and Zoning Commission recommended approval of the transmittal of Comprehensive Plan Amendment No to the Florida Department of Economic Opportunity. Mayor Johnson opened the public hearing. As there was no one that wished to speak, he closed the public hearing. Member Nelson moved to approve the transmittal of Comprehensive Plan Amendment No , as recommended. Member Diesel seconded the motion and it carried unanimously. Ordinance No Capital Improvement Element Annual Update City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, UPDATING THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE FOR THE HORIZON RELATING TO THE CAPITAL IMPROVEMENT ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only. City Manager Larese highlighted the request as provided in the Council agenda packet. It was noted that the Planning and Zoning Commission recommended approval, 5-0. Mayor Johnson opened the public hearing. As there was no one that wished to speak, he closed the public hearing. Member Nelson moved to approve Ordinance No , as recommended. Vice-Mayor Barringer seconded the motion and the roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously. Page 5 of 16

6 Ordinance No Relating to Shipping Containers Utilized as Accessory Structures - City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO SHIPPING CONTAINERS; BY AMENDING CHAPTER 28 ZONING, SPECIFICALLY AMENDING SECTION DETACHED ACCESSORY BUILDING/STRUCTURE, AND SECTION PARKING OR STORAGE OF MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, AIRBOATS, OR TRAILERS IN RESIDENTIAL DISTRICTS TO PROHIBIT SHIPPING CONTAINERS AS WITH RESIDENTIALLY ZONED OR USED PROPERTIES; SPECIFICALLY AMENDING SECTION TEMPORARY STORAGE UNITS RELATING TO SHIPPING CONTAINERS AND RENUMBERING SUBSEQUENT SECTIONS; AMENDING CHAPTER 34 PROCEDURES, SPECIFICALLY CREATING SECTION NONCONFORMING STRUCTURES SHIPPING CONTAINERS AND RENUMBERING SUBSEQUENT SECTIONS; AMENDING CHAPTER 37 DEFINITIONS TO ADD THE DEFINITION OF SHIPPING CONTAINER; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. City Manager Larese highlighted the request as provided in the Council agenda packet. Member Diesel and Community Development Director Peggy Busacca discussed Member Diesel s concerns on existing shipping containers in citizens yards, costs, grandfathering and nonconforming ordinance provisions, etc. Mayor Johnson opened the public hearing. Tom Fernstrom advised that he would speak for four of his neighbors that submitted public speaking cards. If Council was agreeable, he requested having additional time to speak. There was no objection from Council. Mr. Fernstrom expressed concern regarding declining property values; permitting processes and vague regulatory language; non-permitted shipping containers; possible filing of litigation; Code Enforcement s position on shipping containers; whether a permit and a decision made by the City s Building Official could be rescinded, etc. In response to Mr. Fernstrom s comments, Community Development Director Busacca provided information on a particular shipping container that concerned Mr. Fernstrom. Mayor Johnson commented on the significance of the Bert J. Harris Private Property Rights Protection Act. Shawn Greenwell, Ronald Wachtler, Mitzi Vitucci, and Magi Sizemore waived their right to speak. Gary Bernard advised that in approximately May 2015, he applied for a permit to place a certain sized shipping container on his property, which was approved. He prepared his backyard and paid costs in advance of placing the shipping container on his property, which he advised would be used to store belongings, etc. Page 6 of 16

7 As there were no additional persons that wished to speak, Mayor Johnson closed the public hearing. Vice-Mayor Barringer and Community Development Director Busacca discussed there was only one permit like Mr. Bernard s that had been approved. This was the first reading and first public hearing on proposed Ordinance No The second reading and final public hearing was scheduled for December 12, The Planning and Zoning Commission would consider the proposed ordinance on December 6, Ordinance No Dog Friendly Dining - City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS RELATING TO DOG-FRIENDLY DINING; SPECIFICALLY AMENDING CHAPTER 28 ZONING ARTICLE I GENERAL PROVISIONS, SPECIFICALLY CREATING SECTION 28-19, DOG-FRIENDLY DINING ; ALLOWING PATRONS DOGS AT CERTAIN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only. City Manager Larese highlighted the request as provided in the Council agenda packet. Mayor Johnson opened the public hearing. As there was no one that wished to speak, he closed the public hearing. This was the first reading and first public hearing on proposed Ordinance No The second reading and final public hearing was scheduled for December 12, It was noted that the Planning and Zoning Commission would consider the proposed ordinance on December 6, Ordinance No Extending the Moratorium on Medical Marijuana Dispensaries City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR OPERATION OF ANY MEDICAL MARIJUANA TREATMENT CENTERS, MEDICAL MARIJUANA DISPENSARIES, OR MEDICAL MARIJUANA FACILITIES WITHIN THE CITY OF TITUSVILLE IMPOSED BY ORDINANCE AND ORDINANCE ; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only. City Manager Larese highlighted the request as provided in the Council agenda packet. Page 7 of 16

8 Member Nelson commented on why she supported a moratorium, which was due to concerns on the location of where dispensaries might be located. It was her understanding that the State may not address the location of dispensaries until the next legislative cycle. Member Diesel expressed concern on where marijuana dispensaries might be located. He also commented on the most recent election and voter approval of medical marijuana. Vice-Mayor Barringer commented on his views on the State s actions on medical marijuana, concerns about Home Rule powers utilized by local governments, zoning, etc. Mayor Johnson noted that Federal Law did not legalize marijuana. He supported extending the moratorium until the City could gather as much information as possible, in order to offset or avoid any unintended consequences. Member Stoeckel supported these sentiments. Member Nelson commented on the State s regulation on the number of dispensaries that might be allowed within large defined regions within the State. She was uncertain how great the odds were for a business owner in Titusville to be authorized to open a medical marijuana dispensary immediately, given there could be a competition amongst businesses in these larger regions. Member Diesel and City Attorney Broome discussed Member Diesel s questions on the City enacting regulations in the near future, and what issues this might cause if the State eventually gave cities more control in their regulations. Discussion ensued on aligning a moratorium sunset date with pending draft regulations that might allow or ban marijuana dispensaries. Community Development Director Busacca noted that medical treatment centers were also in the pool of businesses that might be granted permission by the State to dispense medical marijuana. She also advised that one medical marijuana dispensary had opened in Palm Bay and two in Orlando. The City of Satellite Beach had also approved allowing dispensaries in their City. Mayor Johnson opened the public hearing. Nadur Jerusbalmy, a visitor from Israel and former chief of security in his country, advised that he liked Titusville and planned to stay for six months. He commented on security concerns related to marijuana in his home country and felt that marijuana did not cause disruptive behavior as did other forms of drugs or alcohol that people might use to self-medicate. Mr. Jerusbalmy felt it was important to educate children as well as provide medical marijuana to those that qualified and needed this form of medication. Kathleen Marinelli felt the State was reluctant to allow medical marijuana, even though approximately 70% of Florida voters approved it during the last election. She desired Titusville to be a leader and not a follower when it came to allowing the use of medical marijuana. The reasons why included the importance of having compassion, some people could immediately benefit from the use of medical marijuana, such as those with epilepsy, Parkinson s Disease, Post Traumatic Stress Disorder, cancer, etc. Additionally, Ms. Marinelli commented on how cigarettes and opiates Page 8 of 16

9 drugs could kill individuals. She advised there was a generation s old fear that still persisted in the minds of many that marijuana was a gateway drug and could kill or seriously harm individuals. Brief discussion ensued on distance requirements from schools or churches and Charlotte s Law that allowed some form of medical marijuana to be prescribed to individuals, etc. Ray Haskell was in disbelief that the City had not made progress on their decisions about medical marijuana. He commented on how conventional cancer treatments were debilitating to individuals and which caused them to suffer with severe pain and physical decline during terminal illnesses. Mr. Haskell requested Council allow medical marijuana in the City. Curt Leady commented on the studies on the advantages and disadvantages of medical marijuana were not under debate; the State was reluctant to allow medical marijuana to citizens; giving relief to patients suffering crippling medical conditions; how individuals suffered with unnecessary pain and discomfort caused by disease and subsequent and conventional medical treatments. Member Nelson moved to give Mr. Leady two additional minutes to speak. Vice-Mayor Barringer seconded the motion and it carried unanimously. Mr. Leady continued and commented on how individuals that he knew could benefit from medical marijuana. For these reasons, he requested Council to end the moratorium and implement an ordinance allowing medical marijuana. Vice-Mayor Barringer and Community Development Director Busacca discussed that if the City took the approach of regulating pharmacies that might dispense medical marijuana, this would impact a substantial amount of pharmacies already in existence. This might also cause some pharmacies to become non-conforming to the City s rules. If the Council made the decision to simply either prohibit or allow medical marijuana, this would take less time by staff to draft regulations. It was estimated that staff needed until January 2017 to draft regulations, which included guidance from the City Attorney and draft regulations. Discussion ensued on individuals suffering from conventional medical treatment used to treat terminal illnesses; individuals committing crimes in order to get prescription pain pills versus fewer that commit crime to get marijuana; educating children; individuals still found ways to get marijuana, but it did not seem to expand into epidemic use in society; the State not giving the City opportunity to make decisions on these matters, etc. There were no additional persons that wished to speak; therefore the public hearing was closed. Member Nelson summarized that at least three individual Council members desired an ordinance that would allow dispensaries and where they might be located. This might include some regulations on pharmacies. Community Development Director Busacca advised that staff could not return to Council with options until a future meeting or at least until January Page 9 of 16

10 This was the first reading and first public hearing on proposed Ordinance No The second reading and final public hearing was scheduled for December 12, It was noted that the Planning and Zoning Commission would consider the proposed ordinance on December 6, City Attorney Broome read the quasi-judicial rules of procedure. Small Scale Comprehensive Plan Amendment (SSA) No and Planned Development Rezoning with Master Plan (REZ) No City Attorney Broome read the following ordinances for the second time by title only, as followed: Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO , WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY CHANGING THE LAND USE DESIGNATION ON A PORTION OF A 44.5 ACRE PARCEL LOCATED ON THE EAST SIDE OF STATE ROAD 405, APPROXIMATELY 0.2 MILES NORTH OF FOX LAKE ROAD FROM THE CONSERVATION FUTURE LAND USE DESIGNATION TO THE HIGH DENSITY RESIDENTIAL LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE; and Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT MULTIFAMILY HIGH DENSITY RESIDENTIAL (R-3), MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (R-2) AND OPEN SPACE AND RECREATION (OR) ZONING TO PLANNED DEVELOPMENT (PD) ZONING ON A PORTION OF A 44.5 ACRE PARCEL AND A 2.73 ACRE PARCEL LOCATED ON THE EAST SIDE OF STATE ROAD 405, APPROXIMATELY 0.2 MILES NORTH OF FOX LAKE ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Larese highlighted the report in the Council s agenda packet. The applicant, William Alcock on behalf of the owner, Fox Lake Hammock, LLC, was requesting to amend the land use on approximately acres and rezone approximately acres of two properties totaling approximately 48 acres located east of South Street (State Road 405) and north of Fox Lake Road. The request was to amend the land use map from the Conservation land use designation to the High Density Residential land use designation. The request also proposed to rezone a portion of property from the Multifamily High Density Residential (R-3), Multifamily Medium Density Residential (R-2), and Open Space and Recreation (OR) zoning district to Planned Development (PD) zoning with Master Plan for purposes of constructing a new residential subdivision with 61 lots. The lots would be a minimum 50-feet wide and 6,000 square feet in area. The PD zoning required 35% of the acre development to be dedicated to open space. The portions of the property not included within the PD zoning were wetlands, which would be dedicated to the St. Johns River Water Management District with a conservation easement. Page 10 of 16

11 Community Development Director Busacca highlighted the staff report that was provided in the Council agenda packet. Mayor Johnson opened the public hearing. The applicant, William Alcock, summarized details about the project and that staff found the project to be consistent with the City s Codes and the Comprehensive Plan. Rodney Honeycutt, on behalf of the applicant, advised that staff worked closely with he and the applicant to ensure compliance with regulations. He requested Council approve the proposed ordinances and Master Plan. Roy Ponce, on behalf of the proposed project, commented on the need for the proposed housing project. Kathleen Burson advised that she would speak for some of her neighbors that submitted public speaking cards. If Council was agreeable, she requested having additional time to speak. There was no objection from Council. Kathleen Burson distributed information to Council. She advised that a few of her neighbors lived on one acre lots adjacent to the subject property. Ms. Burson read from a prepared statement that highlighted concerns about birds, various species of wildlife, wetlands, forested land that she believed was not intended for development, ecosystems, the relationship between conservation land use areas and uplands, the negative effects that might occur if the proposed development was built, other projects near the subject property, etc. Ms. Burson requested Council leave the property that was designated as Open Space and Recreation (OR) intact, which she felt would not cause impacts to her neighbors and wetlands on and near the subject site. Pamela Gheen and Jennifer Gheen submitted public speaking cards, but did not speak. The applicant, William Alcock, rebutted and responded to some of the concerns expressed by the public. He reviewed information on the portion(s) of the subject property that was currently zoned as Open Space and Recreation (OR) zoning, including that once upon the time, the City may have designated the OR zoning using aerial maps versus ground-truthing equipment. This was a common practice to preserve wetland areas, until at a later date, more specific wetland determination analysis could be performed to more accurately identify wetland and upland areas. Mr. Alcock advised that the development would take place only in the upland areas. Second, Mr. Alcock advised that the St. Johns River Water Management District (SJRWMD) required a minimum 15-foot buffer or an average 25-foot buffer between wetland areas and development. His project would provide a minimum 25-foot buffer. Then, approximately 50% of the upland areas were planned for development and not the entirety. Per Mr. Alcock, the U.S. Army Corps of Engineers and the SJRWMD had approved the applicant s plans for the buffers. He would also get a permit to relocate any gopher tortoises. Page 11 of 16

12 Council discussion ensued on the size of the buffers and natural upland areas; methodologies used by staff during the review of the project; and updating maps with new information. As there were no additional persons that wished to speak, Mayor Johnson closed the public hearing. Mayor Johnson advised that the Planning and Zoning Commission, acting as the Local Planning Agency, had recommended approval, 5-0. Member Nelson and City Attorney Broome discussed the procedure or type of evidence that Council should use to make their decision. If the Council voted to deny the requests, the burden would shift to the Council to state the basis for denial, but which would require the Council to identify the provisions in the Comprehensive Plan and Code that were not consistent with the requests and why denial met a public purpose. Vice-Mayor Barringer moved to approve Small Scale Comprehensive Plan Amendment Application (SSA) No and related Ordinance No , as recommended. Member Stoeckel seconded the motion and the roll call was: Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel The motion carried unanimously. Vice-Mayor Barringer moved to approve the Rezoning Application No with Master Plan and related Ordinance No , as recommended. Member Stoeckel seconded the motion and the roll call was: Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson The motion carried unanimously. Page 12 of 16

13 ORDINANCES-FIRST READING: Ordinance No Amending the Code of Ordinances Chapter 18 - Swimming Pools - City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS SPECIFICALLY AMENDING SECTIONS 6-56 REQUIRED, INSPECTION, APPROVAL PRIOR TO USE OR OCCUPANCY, 6-58 QUALIFICATION FOR OBTAINING PERMITS, AND 6-68 INSPECTIONS AND BUILDING SITE TO ADD REQUIREMENTS RELATED TO SWIMMING POOLS; DELETING CHAPTER 18 SWIMMING POOLS IN ITS ENTIRETY AS DUPLICATIVE TO REQUIREMENTS OF THE FLORIDA BUILDING CODE AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only. City Manager Larese highlighted the report in the Council agenda packet. There was no discussion. The public hearing was scheduled for the regular City Council meeting on December 12, Ordinance No to Amend the Code of Ordinances for Sewer Billing of Cooling Tower Discharges - City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 UTILITIES, ARTICLE IV WATER AND SEWER RATES AND CHARGES AND BILLING PROCEDURE, SPECIFICALLY AMENDING SECTION (3)(f) SCHEDULE OF WATER AND SEWER CHARGES ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. City Manager Larese highlighted the report in the Council agenda packet. Per Member Nelson s request, Water Resources Director Sean Stauffer discussed the process of how large facilities used City water in cooling towers to cool their buildings; however, there was not a payment collection procedure currently in place to bill facilities for the sewer costs, for approximately 20% of water that was not evaporated in the cooling towers and instead discharged into the City s sewer system. The public hearing was scheduled for the regular City Council meeting on December 12, Ordinance No Relating to Conservation Subdivisions in the Areas of Critical Concern City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATED TO UTILIZING CONSERVATION SUBDIVISIONS IN THE AREA OF CRITICAL CONCERN; BY AMENDING CHAPTER 30 DEVELOPMENT STANDARDS, SECTION AREA OF CRITICAL CONCERN PERFORMANCE TO PERMIT THE DEVELOPMENT OF CONSERVATION SUBDIVISIONS; PROVIDING FOR SEVERABILITY, REPEAL OF Page 13 of 16

14 CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. City Manager Larese highlighted the report in the Council agenda packet. Per Vice-Mayor Barringer s request, staff provided clarification on how the proposed ordinance affected various sized development projects, water recharge process, etc. The Planning and Zoning Commission would consider this ordinance on December 6, The public hearing was scheduled for the regular City Council meeting on December 12, OLD BUSINESS None. NEW BUSINESS Selection of a Vice-Mayor Member Diesel nominated Matt Barringer to serve as the Vice-Mayor, which the Council unanimously elected and agreed unanimously. Designation of the Chair and Vice-Chair of the Titusville Community Redevelopment Agency by City Council Member Nelson nominated Matt Barringer as the designated Vice-Chair of the Titusville Redevelopment Agency, which the Council agreed unanimously. Member Diesel nominated Walt Johnson as the designated Chair of the Titusville Redevelopment Agency, which the Council agreed unanimously. Update Council Member Appointments to Serve on Outside Agencies The request was to update the Council Member appointments on outside agencies. Members of City Council were appointed to serve on various outside agencies to represent the interests of the citizens of the City of Titusville. No changes were made to the appointments made the previous year and which were, as followed: Florida League of Cities: Current Member Matthew Barringer; Alternate Member Walt Johnson Space Coast League of Cities: Current Member Matthew Barringer; Alternate Member Walt Johnson Page 14 of 16

15 Space Coast Transportation Planning Organization: Current Member Walt Johnson; Alternate Member Matthew Barringer North Brevard Commission on Parks and Recreation: Current Member Dan Diesel; Alternate Member Jo Lynn Nelson Space Coast Economic Development Commission: Current Member Sarah Stoeckel; Alternate Member Matthew Barringer Economic Development Commission of Florida Space Coast: Current Member Jo Lynn Nelson; Alternate Member Dan Diesel North Brevard Economic Development Zone/Spaceport Commerce Park Authority: Current Member Walt Johnson; Alternate Member Sarah Stoeckel PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) - None. MAYOR AND COUNCIL REPORTS Mayor's Report - Mayor Johnson submitted his written report. Member Diesel commented on an evening that he was working in November 2017, where a golf cart belonging to his employer (a local high school) was stolen. He advised that approximately five community members, who saw the golf cart being stolen, reported the incident to police. Subsequently, the golf cart was recovered. Member Diesel shared this story because he felt it exemplified a caring and close community. Vice-Mayor Barringer expressed his concerns on juvenile crime and procedures used by juvenile detention agencies that released some youth back into the community, almost immediately following acts of crime. Member Nelson highlighted judicial procedures related to juvenile crime. Page 15 of 16

16 City Manager's Report - City Manager Larese submitted his written report. All items were informational only, as followed: Annual tree lighting ceremony on December 8, 2017 at City Hall Annual Christmas Parade on December 9, 2017 Special City Council meeting and Shoreline Restoration Workshop on December 5, 2017 at 5:30 p.m. Special City Council meeting and Community Workshop for FY 2019 Strategic Planning on January 27, 2018 at 8:30 a.m. Special City Council meeting on Community Development Block Grant Funding on January 30, 2018 at 5:30 p.m. City Attorney s Report None. With no further business to discuss, the meeting adjourned at 9:04 p.m. ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Page 16 of 16

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