City Council Regular Meeting July 28, 2015

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1 City Council Regular Meeting July 28, 2015 The City Council of the City of Titusville, Florida met in regular session on Tuesday, July 28, 2015 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida. Mayor Tulley called the meeting to order at 6:30 p.m. Those present were Mayor Jim Tulley, Vice-Mayor Walt Johnson, and Members Matthew Barringer, Martha Long, and Rita Pritchett. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Pastor Sandy McHardy of New Beginnings Ministries Worship Center was unavailable; therefore, Pastor Scott McHardy of New Beginnings Ministries Worship Center gave the invocation. Mayor Tulley then led those present in the Pledge of Allegiance to the Flag and he read the procedures for public comment during City Council meetings. Minutes Vice-Mayor Johnson moved to approve the minutes of the regular City Council meetings on May 26, 2015 (6:30 p.m.) and June 9, 2015, as submitted. Member Long seconded the motion and it carried unanimously. Special Recognitions and Presentations: The following items were deferred from the regular City Council meeting on July 28, 2015 at 5:30 p.m., due to there was not enough time to complete them during the earlier meeting. Mayor s Health and Fitness Challenge Mayor Tulley highlighted the fitness challenge that was held between April 11, 2015 through July 4, He announced the recipients of several awards and the miles they walked, as followed: Team Awards: 1 st place: The Mall Tone (2-person group 392 miles walked); 2 nd place: Titusville Weight Watchers (6-person group 671 miles walked) 3 rd place: Titusville High School Cross Country members (4-person group 404 miles walked) Individual Walking Awards:

2 1 st place: Dawn Walters (526 miles) 2 nd place: Bridgette Griffin (490 miles) 3 rd place: Terrie Thaden (323 miles) Organization Award with Most Participants: Parrish Fitness Center (Est. 5,000 miles) The following item was also deferred from the regular City Council meeting on July 28, 2015 at 5:30 p.m., due to there was not enough time to complete them during the earlier meeting. South Street Small Area Study The South Street Small Area Study was included in the Council agenda packet for Council s consideration and directives. Planning Manager Brad Parrish gave a presentation that reviewed the following information: The history, purpose, and completion of the South Street Study Schedule of work involved in the project since May 2015 and projected through the final draft estimated for December 2015 Study area map and acreage Findings (focused on corridors, connectivity, water consumption, traffic, and flood prone areas) Build-out scenario and consultant recommendations May 18, 2015 public meeting Next steps Member Pritchett and Planning Manager Parrish discussed the widths of sidewalks, safety, crosswalks, and residential areas. Staff would return to Council with goals and strategies to address safety and other considerations, after first receiving public input. Member Long requested knowing more about the land use for a large piece of property at the southwest corner of South Street and Fox Lake Road (inside Brevard County s jurisdiction). She advised that the Space Coast Transportation Planning Organization (TPO) had a long-range plan through year 2035 and there were criteria; however, whoever completed the long-range study did not have the information about what was happening on South Street. She also commented that she requested moving the project up in priority status. Next, Member Long advised that City staff attended TPO meetings and the TPO needed criteria to improve the position of moving the South Street project up in priority status. Planning Manager Parrish discussed that he asked questions of a TPO representative after a recent TPO meeting to discuss these issues. The TPO representative had explained how the criteria and the project ranking were developed. There was a question of whether the South Street Project met the same criteria as other projects. Member Long felt there was a disconnect between the information or criteria that was used to evaluate South Street.

3 Concerning the recommendations, Member Long desired appropriate protections for wetlands. She also requested giving serious thought to the buffering on South Street, which would be transformed into a busy four-lane road in the future. Mayor Tulley advised that much of the property lying west of South Street was in the County s jurisdiction. He felt it made sense to annex these areas, if possible. Mayor Tulley requested staff research the properties with water and/or sewer agreements on file, lying west of South Street, and which had signed the annexation petition as part of the water and sewer agreement terms. Member Long moved to accept the South Street Small Area Study, as presented. Vice-Mayor Johnson seconded the motion and it carried unanimously. Boards and Commissions: Board of Adjustments and Appeals The request was to appoint two regular members to the Board of Adjustments and Appeals for terms to expire on July 31, The terms of Regular Member Earl Johnson, Jr. (Public At Large) and Sid Chehayeb (Licensed Engineer) were due to expire on July 31, Both members desired being reappointed. Additionally, the term of Alternate Member William Killpatrick was due to expire; however, Mr. Kirkpatrick did not wish to continue serving on the Board of Adjustments and Appeals. Member Long moved to reappoint Regular Member Earl Johnson, Jr. (Public At Large) and Sid Chehayeb (Licensed Engineer) as regular members to the Board of Adjustments and Appeals for terms that would expire on July 31, Member Barringer seconded the motion and it carried unanimously. Petitions and Requests from the Public Present (Open Forum) Pete Petyk expressed concern how utility and recreational bicyclists would safely travel to stores and to the trails within the new trail system. He felt the City s current roads were not bicycle friendly, but instead the roads catered to automobiles, which stemmed from an earlier time when autos were at the forefront of planning considerations. For these reasons, he requested revising the Comprehensive Plan to include pedestrian and bicycle components, reevaluate zoning districts, and consider the travel needs of the local community. Mayor Tulley commented on measures that individuals were taking to accommodate other modes of travel, including installing connectivity trails, etc. He suggested Mr. Petyk contact the Chairperson of the Titusville Environmental Commission for the specific information. Member Long supported Mr. Petyk s request to revise the Comprehensive Plan to include pedestrian and bicycle components and completing the work in phases starting in the downtown.

4 Second, she commented on the status of the pending Mobility Committee. Member Long advised that staff would need clarification on what direction the Council desired. Vice-Mayor Johnson recommended Mr. Petyk consider serving on the pending Mobility Committee. Stan Johnston expressed his concerns on flooding of private property, concealment of information, flood plain maps for the Baker s Subdivision, impacts on a dam near Carol Avenue, his previous requests for changes, stormwater maintenance and absence of its budget for the Senior Center, duckweed covered the pond at the Senior Center at times, redesigning the stormwater drainage at the Senior Center or for the Baker s Subdivision, protecting the aquifer, showing what the dam at the Senior Center flooded, etc. Jo Anderson of the American Legion Post 1 and Barbara McGuillicuddy of the Titusville Flag and Memorial Committee reviewed the plans to host the second annual Veteran s Appreciation Parade on Saturday, October 24, 2015, including seeking sponsorships, parade route, insurance costs, etc. The representatives requested the City provide its services to complete the procedures that were necessary for the street closure on U.S. Highway 1. City Manager Larese advised that in 2014, Police and Fire response personnel volunteered their services. Per Ms. Anderson, the Community Redevelopment Agency also provided a $2,500 grant in 2014 for the parade s costs. Staff advised Ms. Anderson that she could obtain the forms to apply for grant funding. Mayor Tulley recommended Ms. Anderson and Ms. McGillicuddy contact City Manager Larese following the meeting to discuss road closures for the parade route. Consent Agenda: Per requests made by members of the public and Member Pritchett, Consent Agenda Items D, F, H, I and K were heard immediately following the remaining Consent Agenda items. Member Long moved to approve Consent Agenda Items A, B, C, E, G and J upon reading. Member Pritchett seconded the motion. City Manager Larese read Consent Agenda Item Nos. A, B, C, E, G and J, as followed: A. Purchase of Bucket Truck - Approve the purchase of one (1) bucket truck in the amount of $110,373 from Ring Power Corporation of St. Augustine, FL. Additionally approve associated budget amendment. B. Resolution No Rescind Resolution Jean Street Renaming - Approve Resolution No rescinding Resolution No renaming of Jean Street.

5 C. Resolution No FDOT LAP Agreement for Hopkins Avenue Complete Streets - Approve Resolution No supporting a Local Agency Partnership (LAP) Agreement between the Florida Department of Transportation (FDOT) and the City of Titusville for the design of the Hopkins Avenue Complete Streets Project within the City. In addition, authorize the Mayor to sign the LAP agreement for this project and approve the associated budget amendment. E. Lease Agreement at Harry T. Moore Social Center with Eckerd Youth Alternatives, Inc. - Authorize lease agreement with Eckerd Youth Alternatives, Inc. for office space at the Harry T. Moore Social Service Center, based upon review and approval by the City Attorney. G. Award of Contract - Baffle Box Cleaning - Approve award of one (1) year contract, with two (2) optional one (1) year renewals, to EnviroWaste Services Group Inc. of Miami, Florida in the maximum amount, for the 3-year term, of $157,800 for providing pumpout and cleaning services on the City's baffle boxes; and authorize the Mayor to execute the contract. J. Resolution No Adopting the 2015 Brevard Prepares Local Mitigation Strategy Plan - Approve Resolution No adopting the 2015 Brevard Prepares Local Mitigation Strategy Plan. The roll call was: Member Pritchett Member Long Mayor Tulley Vice-Mayor Johnson Member Barringer The motion carried unanimously. Consent Agenda Item D D. Grant Agreement for Draa Field Stormwater Park - Approve a grant agreement between the City of Titusville and the State of Florida Department of Environmental Protection in the amount of $1,188,825 in funding toward the construction of the Draa Field Stormwater Park. Additionally, approve associated budget amendments and authorize the Mayor to execute the agreement. Stan Johnston submitted a public speaking card. He also submitted information to the City Clerk, which he advised was ed to the Council, City Manager, and City Attorney earlier in the day. Mr. Johnston felt the following information should be included in the agenda item s

6 exhibits: (1) Maintenance program plan and cost for maintenance and (2) Future costs for removing silt, chemicals, weed growth in the ponds, etc. In addition, Mr. Johnston felt all final calculations should mirror each other in all related plans. He expressed concern for ground water causing some ponds to continuously flow, the importance of showing what areas dams flooded, etc. Additionally, Mr. Johnston was concerned with the slopes of ponds above and below water, for the safety of children and adults that may wonder into stormwater retention ponds. Member Long requested staff review Stan Johnston s list of concerns, make comments regarding the actions that have been taken, and return the information to Council in writing. Vice-Mayor Johnson moved to approve a grant agreement between the City of Titusville and the State of Florida Department of Environmental Protection in the amount of $1,188,825 in funding toward the construction of the Draa Field Stormwater Park, the associated budget amendments, and authorize the Mayor to execute the agreement, in accordance with recommendations. Member Pritchett seconded the motion and it carried unanimously. Consent Agenda Item F F. Advisability to Amend Ordinance Related to Utility Billing - Approve advisability to amend Chapter 21 related to utility billing procedures. Member Pritchett, Assistant City Attorney Chelsea Farrell, and Finance Director Bridgette Clements discussed the purpose for the advisability request and the current parameters that controlled how delinquent debt was collected. The problem was that many rental account holders did not pay their delinquent water bills once they moved out of their rental homes, units, etc. Member Barringer desired implementing the best practices that were empathetic. Vice-Mayor Johnson, Member Long, Customer Service Manager Carrie Beatty, and City Attorney Broome discussed that the law did not currently allow the City to bill the property owners of rental properties for the delinquent utility bills of renters water accounts. Instead, the idea was to restrict the City s losses by initiating notice to account holders and property owners when an account became delinquent, and then revert the financial responsibility back to the property owners for new charges at the property, once notice was provided by the City to all pertinent parties. Member Pritchett moved to approve advisability to amend Chapter 21 related to utility billing procedures, in accordance with recommendations. Vice-Mayor Johnson seconded the motion and it carried unanimously.

7 Consent Agenda Item H H. Award of Contract - Floating MAPS - Approve award of contract to Beemats, LLC of New Smyrna Beach, Florida in the amount of $195,576 over three years for the installation and maintenance of floating wetland islands at the Senior Center for an additional 20% credit on the TMDL related water quality improvements at this location and authorize the Mayor to execute the contract. Stan Johnston submitted a public speaking card. He expressed concern about the cost and effectiveness of the proposed floating maps and the diminished integrity of the Indian River Lagoon. He felt the request and its technique was too costly for the benefit. Mayor Tulley and City Manager Larese discussed that the techniques associated with the floating maps were proven and used by others. Member Long moved to approve the award of contract to Beemats, LLC of New Smyrna Beach, Florida in the amount of $195,576 over three years for the installation and maintenance of floating wetland islands at the Senior Center for an additional 20% credit on the TMDL related water quality improvements at this location and authorize the Mayor to execute the contract, in accordance with recommendations. Vice-Mayor Johnson seconded the motion and it carried unanimously. Consent Agenda Item I I. Additional Change Order CIPP - Approve Change Order # 2 for FY15 to LMR Construction, Inc. of Frostproof, Florida in the amount of $160,000 to furnish and install Cure In-Place Pipe (CIPP) Liner in and around Royal Oak Golf Course; and authorize the City Manager to execute the change order. Additionally, approve associated budget amendment. Stan Johnston submitted a public speaking card. He expressed his concerns regarding the adopted budget and the 1966 Stormwater Master Plan that he felt had been ignored. He was hopeful that the next budget would incorporate the actions necessary to carry out the 1966 Stormwater Master Plan. Mayor Tulley confirmed that Mr. Johnston was not opposed to the request. Member Long moved to approve Change Order # 2 for FY15 to LMR Construction, Inc. of Frostproof, Florida in the amount of $160,000 to furnish and install Cure In-Place Pipe (CIPP) Liner in and around Royal Oak Golf Course, and authorize the City Manager to execute the change order, and approve the associated budget amendment, in accordance with recommendations. Vice-Mayor Johnson seconded the motion and it carried unanimously.

8 Consent Agenda Item K K. Work Order CPHWR004 to CPH, Inc. - Southern Service Area Water Main - Approve the award of Work Order CPHWR004 to CPH, Inc. in the amount of $170, to provide engineering consulting services including, but not limited to, surveying, preparation of design drawings and specifications, permitting, bidding assistance and limited construction administration services for the installation of 8,350 linear feet of approximately 16-inch water main, and authorize the Mayor to execute the Work Order. Member Pritchett and City Manager Larese discussed the timing of why the request of the work order was presented for Council s consideration. Member Barringer moved to approve the award of Work Order CPHWR004 to CPH, Inc. in the amount of $170, to provide engineering consulting services including, but not limited to, surveying, preparation of design drawings and specifications, permitting, bidding assistance and limited construction administration services for the installation of 8,350 linear feet of approximately 16-inch water main, and authorize the Mayor to execute the Work Order, in accordance with recommendations. Vice-Mayor Johnson seconded the motion and it carried unanimously. Ordinances Second Reading, Public Hearing and Related Action: Mayor Tulley advised that the applicant of Ordinances Second Reading, Public Hearing and Related Action items 9 A - Ordinance No Amending the Text of the Regional Mixed Use (RMU) Zoning District and 9 C - Rezoning No Regional Mixed Use (RMU) Antigua Bay (formerly Sandy Pointe) had requested tabling these agenda items to the regular City Council meeting on August 25, 2015 at 6:30 p.m. Vice-Mayor Johnson moved to table Ordinances Second Reading, Public Hearing and Related Action items 9 A and 9 C to the regular City Council meeting on August 25, 2015 at 6:30 p.m. Member Pritchett seconded the motion and it carried unanimously. Ordinance No Amending the Single Family High Density (R-1C) Zoning District City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CITY S LAND DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 59 ZONING, ARTICLE III RESIDENTIAL DISTRICTS, DIVISION 6 SINGLE FAMILY HIGH DENSITY (R-1C), SECTION HEIGHT, YARD AND AREA REQUIREMENTS RELATING TO FRONT YARD SETBACKS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING

9 ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time by title only. City Manager Larese outlined the request as included in the Council s agenda packet. On June 9, 2015, the Council approved an advisability directing staff to draft an ordinance amending the R- 1C single family-zoning district to allow a reduced front setback. The staff received a request from Ken Ward to amend the front setback criterion to 20-feet in lieu of the required 25-feet for A principal structure when a rear-loaded garage was proposed. During the July 14, 2015 public hearing, Council directed staff to amend the proposed ordinance to remove the requirement that the rear load garage be attached. This change was made and an example of a rear-loaded garage was provided in Council s agenda packet. Mayor Tulley opened the public hearing. As there was no one that wished to speak, he closed the public hearing. Vice-Mayor Johnson moved to approve Ordinance No , as recommended. Member Pritchett seconded the motion. The roll call was: Member Long Mayor Tulley Vice-Mayor Johnson Member Barringer Member Pritchett The motion carried unanimously. Ordinances-First Reading: Ordinance No Amending the Code of Ordinances related to Ad Valorem Tax Exemptions and updating the Supplemental Application - City of Titusville Economic Development Ad Valorem Tax Exemption Program City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATED TO AD VALOREM TAX EXEMPTIONS; BY AMENDING CHAPTER 19 TAXATION, ARTICLE IV ECONOMIC DEVELOPMENT; AD VALOREM TAX EXEMPTIONS ; SPECIFICALLY AMENDING SECTION DEFINITIONS ; AMENDING SECTION APPLICATION FOR EXEMPTION ; AMENDING SECTION CITY COUNCIL S CONSIDERATION OF APPLICATION ; AMENDING SECTION AND SECTION BY DELETING; CONFORMING THIS ORDINANCE WITH APPLICATION AND INSTRUCTIONS AND FLORIDA STATUTES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only.

10 City Manager Larese outlined the request included in Council s agenda packet. Mayor Tulley requested the calculation(s) on the return on investment (from dollars that flowed from outside to the cost of the abatement), by the date of the public hearing. The public hearing for Ordinance No was scheduled for the regular City Council meeting on August 11, Old Business None. New Business: Member Long moved to immediately hear New Business Item No. 12 D - Retain the law firm of Bryant, Miller, Olive, P.A. to represent the City in its bond refunding. Vice-Mayor Johnson seconded the motion and it carried unanimously. New Business Item D Retain the law firm of Bryant, Miller, Olive, P.A. to represent the City in its bond refunding The request was to authorize retaining the law firm of Bryant, Miller, Olive, P.A., to represent the City in its General Obligation Refunding Bond, Series Member Long moved to authorize retaining the law firm of Bryant, Miller, Olive, P.A., to represent the City in its General Obligation Refunding Bond, Series 2015, as recommended. Member Pritchett seconded the motion. City Attorney Broome highlighted a revision to the agreement or letter from Bryant, Miller, Olive, P.A., dated June 18, 2015 (page 367 of the Council agenda packet) following the agenda being published. The revision included changing language in the opening paragraph that affected directing annual tax, which per City Attorney Broome, would not exceed mills levied upon all taxable property of the City. Member Long agreed to amend the motion to include the revision as recommended by City Attorney Broome. Member Pritchett s second held. The motion carried unanimously. Request for setting the proposed tentative Operating Millage rate at $ mils and setting the proposed tentative voted debt service millage at $ mils City Manager Larese advised the

11 request was to set the tentative operating millage rate for the FY 2016 budget at $ mils, which was 10% above the rolled back millage rate of $ mils, set the voted debt service millage rate (Riverfront Acquisition Referendum) at $ mils, and the maximum levy authorized by the Series 2005 General Obligation Bonds was $ mils. Member Long moved to set the tentative operating millage rate for the FY 2016 budget at $ mils and set the proposed voted debt service millage rate (Riverfront Acquisition Referendum) at $ mils. Member Pritchett seconded the motion and it carried unanimously. Member Barringer moved to immediately hear New Business Item No. 12 E - Advisability to Amend Street Renaming Procedure. Vice-Mayor Johnson seconded the motion and it carried unanimously. New Business Item E Advisability to Amend Street Renaming Procedure The request was to approve advisability to make changes to the current street renaming procedure or process. William Gary submitted a public speaking card. Mr. Gary felt the current procedures were unclear. He felt the procedures needed to be transparent and requested Council approve the request for advisability and supported the recommendations. Member Pritchett moved to approve advisability to make changes to the current street renaming procedure, as recommended. This would include step numbers 1, 2, and 3. Vice-Mayor Johnson seconded the motion. Member Barringer, City Attorney Broome, Community Development Director Peggy Busacca, and Council discussed Member Barringer s concern about whether the City could be held liable, if 911 Emergency Service recommended not changing the name of a street. The motion carried unanimously. Advisability to Proceed with Ad Valorem Tax Abatement for Project Brix - Playalinda Brewery The request was to approve advisability to proceed with the creation of the required ad valorem tax abatement ordinance and schedule the appropriate public hearing.

12 Member Pritchett moved to approve advisability to proceed with the creation of the required ad valorem tax abatement ordinance and schedule the appropriate public hearing, as recommended. Vice-Mayor Johnson seconded the motion and it carried unanimously. Professional Management of Operation of Titusville Municipal Marina The request was to approve the award of a contract, subject to the resolution of the contract terms by the City Attorney and City Manager, to SG Marina for the professional management of the operations of the Titusville Municipal Marina, and authorize the Mayor to execute the contract. John Matheson of Siegel-Gallagher Management d/b/a SG Marina reviewed the history and experience of the company, their focus of managing only municipal marinas, their goals for the Titusville Marina, etc. Member Long moved to approve the award of a contract, subject to the resolution of the contract terms by the City Attorney and City Manager, to SG Marina for the professional management of the operations of the Titusville Municipal Marina, and authorize the Mayor to execute the contract, as recommended. Member Pritchett seconded the motion. Member Barringer expressed concern about City employees that had been dedicated to working for the Marina for many years and communicating the City s intentions clearly. City Manager Larese and Mayor Tulley advised that the City was only currently seeking to privatize the marina. Vice-Mayor Johnson commented on his research and knowledge on these matters. Member Pritchett advised that the City would still employ the marina staff. The motion carried unanimously. Advisability to Amend Code Related to Maximum Size and Location of Landscape Features/Pergolas in Residential Zoning Districts City Manager Larese outlined the request included in Council s agenda packet. The request was for Council to provide direction to staff regarding amending the Land Development Regulations relating to the size and location of landscape features or pergolas in residential zoning districts. Council and Community Development Director Peggy Busacca discussed Council s questions. Mayor Tulley supported requiring maximum size limits. Member Long desired further defining pergolas beyond their catchall name as accessory structures. She and Community Development Director Busacca discussed requiring stabilized base surfaces if pergolas were used for parking and making sure roofs were not so solidly built that wind-load and building code requirements were triggered. They also discussed defining vehicle and imposing maximum size limits of pergolas.

13 Member Pritchett confirmed that structures 120 square feet or more required property owners to get a permit. Second, she was concerned for wind and felt it was important to require proper anchoring. She was also concerned about the construction of unpermitted driveways and their being the foundation for new pergolas. Vice-Mayor Johnson was concerned for property owners not obeying City codes and how this would affect beautifying the City. He was also concerned about not restricting the size of pergolas, but he supported having them in backyards. Member Long felt it was important for the City to structure the codes for pergolas carefully and she did not have an issue with requiring permitting of pergolas. She felt Florida being a hot weather state deemed covered parking a necessity. Vice-Mayor Johnson commented on persons with carports sometimes used them to store their belongings versus parking their vehicles. Mayor Tulley did not support removing the size limitation requirements on accessory structures or pergolas, following the Building Official s advices regarding wind load, and balancing the effects of property owners desires and their neighbors, without causing unintended consequences. Member Pritchett, Mayor Tulley, and Community Development Director Busacca discussed requiring permitting and code requirements. The issues of concern that arose from the discussion was storage of other belongings, seating if located in the property owner s yard, permitting, size limitations, stabilized base for parking, Member Pritchett desired a permitted process and regulating use of materials used to build pergolas, Community Development Director Busacca reviewed the following information, which she interpreted Council wanted to address in the future, if the request for advisability was approved. She could also bring back options to Council. The issues important to Council were: Cars were ok if they were on a stabilized pavement Require a size limitation Require a permit for pergolas over 120 square feet or that allowed two-car parking underneath Determine what kinds of vehicles could be parked under pergolas Decide whether Council would allow pergolas in front yards; if, determine the size limitation, and address what was permissible underneath pergola rooflines? Member Long desired approving advisability. She advised that she did not want property owners to use pergolas for any type of storage. She was ok with permit and size requirements. Member Long advised that she struggled with the definition as an architectural feature, and could not support PVC, tarps, etc. as materials.

14 Kathleen Burson submitted a public speaking card. She felt one issue was that houses built in the 1960s only included a single car garage, whereas now, most households were a two car garage household. She felt pergolas could be built within the setback requirements and facilitate more parking, including being built with an open wall structure. The suggested size was 18-feet in length by 18-feet in width to accommodate two cars. She read from a prepared statement on an electronic device of what she was requesting from Council, which highlighted construction, location of proposed building site, building materials, building code requirements, etc. Additionally, Ms. Burson showed several photos to Council of homes with a large pergola over the driveway and another home with a aluminum pole and white material covering. Member Long moved to give Ms. Burson two additional minutes to speak. Member Pritchett seconded the motion and it carried unanimously. Ms. Burson summarized her request was to define what was allowed, what meets wind load by FL Building Codes, and what items what required permitting; however, Ms. Burson felt it was not important to define what was under pergolas. Member Pritchett referenced definitions, properly anchored pergolas, wind load requirements, accessory buildings that required permitting including buildings with screen or lattice, etc. Discussion ensued on current Code requirements, structure sizes, what the Code currently allowed, Florida Building Codes, etc. Vice-Mayor Johnson expressed concern for enacting rules that unintentionally caused Code Enforcement issues due to noncompliance. Member Long moved to approve advisability to amend the Code related to maximum size and location of landscape features/pergolas in residential zoning districts as discussed by City Council. Member Pritchett seconded the motion. The motion carried, 4-1 with Vice-Mayor Johnson opposed. Petitions and Requests from the Public Present (Open Forum) Stan Johnston, having advised that he was a property owner and a professional engineer, read from a prepared statement that outlined his knowledge or feelings that improper flooding of property was illegal. He also felt it was not acceptable to not show what areas a dam flooded, etc. Mayor and Council Reports: Mayor's Report Mayor Tulley submitted his written report.

15 Member Barringer advised that he recently met with the State Attorney s Office and juvenile justice representative about options to reduce juvenile crime in the community. Member Barringer expressed concern on homelessness in the community. He prepared a 42-page plan on homelessness that modeled the City of Knoxville, Tennessee. Member Barringer referenced several sections on the Titusville Comprehensive Plan and advised that the document mandated the City to act on homelessness. For these reasons, Member Barringer requested the Council lead in this area as well as civic engagement. He also requested Council hold a community forum or workshop on homelessness in September Member Barringer moved to hold a community meeting on homelessness at the Harry T. Moore Social Services Center, in September Vice-Mayor Johnson seconded the motion. Members Pritchett and Barringer discussed whether there was enough space at the Harry T. Moore Center. Member Barringer agreed to amend the motion to include that the community workshop on homelessness be held in the Council chamber instead of the Harry T. Moore Social Services Center. Vice-Mayor Johnson s second held. The motion carried unanimously. City Manager's Report City Manager Larese submitted his written report. Each of the items on his report was provided for informational purposes only. The items included: 1. Proposed Amendment to Florida League of Cities By-Laws 2. Quarterly Talking Points 3. Building Better Communities Public Meetings 4. State Housing Initiatives Partnership (SHIP) Distribution for FY Building Better Communities Public Meetings: July 29, 2015, 6:00 pm Harry T Moore Social Service Center August 13, 2015, 6:00 pm Council Chambers 6. FY 2016 Budget Workshop, August 6, 2015 at 2:00 p.m., Council Chambers 7. FY 2016 Budget 1 st Public Hearing, September 9, 2015 at 5:30 p.m., Council Chambers 8. FY 2016 Budget Final Public Hearing, September 22, 2015 at 5:30 p.m., Council Chambers

16 City Attorney s Report City Attorney Broome submitted his written report. Notice of Appeal - Ruthye M. Smith City Attorney Broome reviewed the history of Council approving the renaming a portion of Sycamore Street to Amos Lewis Street. He also requested Council review the request or appeal from Ruthye Smith to rescind Council's prior decision on renaming a portion of Sycamore Street. Da Ron Woods submitted a public speaking card. He commented on the multiple and significant contributions that Amos Lewis had on members of the community. For these reasons, he requested Council not rescind their prior decision that renamed a portion of Sycamore Street to Amos Lewis Street. Council did not take any action on the aforementioned request or appeal. City Attorney Broome highlighted that he recently met with the legal representatives of the Kodsi property being located along the river. He advised that they are interested in obtaining an appraisal on the property to determine its monetary value. City Attorney Broome would report back to Council as he received new information on the property. With no further business to discuss, the meeting adjourned at 9:25 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk

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