1 City Council Regular Meeting March 11, 2014 The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, March 11, 2014. Mayor Jim Tulley called the meeting to order at 6:55 p.m. Present were Mayor Jim Tulley, Vice-Mayor Martha Long and Members Kathleen Burson, Walt Johnson, and Rita Pritchett. Also in attendance were City Manager Mark Ryan, City Attorney Richard Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Pastor Dori Valley of Hope Community Fellowship was not present to give the invocation. Mayor Tulley requested a moment of silence and led those present in the Pledge Allegiance to the Flag. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Vice-Mayor Long moved to approve the minutes of the regular City Council meeting on February 11, 2014, as submitted. Member Johnson seconded the motion. The motion carried unanimously. Mayor Tulley advised that there was a request to table Item 9A - Settlement Proposal from Mr. Kodsi regarding the River Landing Hotel, Inc. Development Agreement. City Manager Ryan stated that Item 9A was to consider the extension of the 2007 Development Agreement for River Landing Hotel. He advised that he was notified that the legal counsel for the property owner was seeking a two (2) week postponement to the regular City Council meeting on March 25, 2014 at 6:30 p.m.
Member Johnson moved to table Item 9A - Settlement Proposal from Mr. Kodsi regarding River Landing Hotel, Inc. Development Agreement to the regular City Council meeting on March 25, 2014 at 6:30 p.m., as requested. Member Pritchett seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS - None BOARDS AND COMMISSIONS North Brevard County Hospital District Board Herman Cole, Parrish Medical Center Chairman of the Board and Member of the North Brevard County Hospital District Board, thanked Council for providing a liaison for the monthly North Brevard County Hospital District Board (NBCHDB) meeting to update the Board on events in the City. He complimented the City on forming the Student Advisory Council and how that Council was working to encourage the involvement of young people in community affairs and to create an awareness of their rights and responsibilities as citizens of Titusville. Mr. Cole provided the NBCHDB semi-annual report powerpoint presentation and highlighted as followed: Semi-Annual Update It matters which hospital use? It Matters: A Grade for Safety It Matters: Clinical Top Performer Cancer Care Quality & Excellence Parish Medical Group Google Interior Mapping #1 Hospital in region It matter which hospital you use! Vice-Mayor Long moved to approve the North Brevard County Hospital District Board semi-annual report, as presented. Member Burson seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Ron Norris thanked the City for their assistance and the support his son received in building two new car dealerships in Titusville. He commented on a letter he received requesting input from residents regarding the Indian River Avenue and Riverside Drive 2
Roadway Improvement Project. He recommended the City hold a community meeting to allow residents that were affected by the project to voice their opinions and ask questions. City Manager Ryan advised that staff would hold a community meeting to discuss the Indian River Avenue and Riverside Drive Roadway Improvement Project. James Dean stated that he was a homeowner for nine years in the Morbeca Street zone and highlighted a petition requesting the City of Titusville to comply with the recommendations of the Cities 1997 Flood Study. He also commented on the cost of Flood Insurance. Mayor Tulley advised that City staff was already working on and researching the items requested by the petition. Member Pritchett advised that individuals could make a request and submit an application to FEMA for a local map amendment and FEMA would review the request on an individual basis. Stan Johnston stated that he had a petition signed by fifteen homeowners regarding a request for the City of Titusville to comply with the recommendations of the City s 1997 Flood Study. He highlighted the request and the dates that the request were submitted to City staff and advised that he still had not received satisfaction. Rena Nassau asked what the cost would be for an individual homeowner to make an application to FEMA for a local map amendment. City Manager Ryan advised that he did not know that cost, but he would ask City Engineer Woody Rice to contact Ms. Nassau to assist with her questions. Maureen Phillips highlighted a letter that expressed her concern regarding the installation of sidewalks on Milton Street and provided a copy for the public record. She stated that the residents on Milton Street were not asked whether they wanted sidewalks, given advance notice, or a date for the sidewalk installation. Member Johnson moved to allow Maureen Phillips an additional minute to speak. Vice- Mayor Long seconded the motion. The motion carried unanimously. 3
Maureen Phillips stated that landscaping was removed from her yard by the contractor installing the sidewalks. She advised that the landscaping that was removed assisted with stormwater runoff that assisted with maintaining the waterways. She commented that she had worked years to have a landscape that thrived without irrigation or pesticides. City Manager Ryan advised that staff would examine Ms. Phillips concerns and would contact her to discuss them further. Dwight Severs stated that he had received the letter regarding the Indian River Avenue and Riverside Drive Roadway Improvement Project and agreed that first there should be community input prior to providing input on the project. He expressed concern on the minutes from the pension boards that were not available on the City s website. He also commented on individuals being allowed to purchase time accrued after retiring. Member Pritchett moved to direct staff to complete an independent audit of the pension plans using City funds. Member Johnson seconded the motion. Vice-Mayor Long requested that City Manager Ryan inform the City Council once all the minutes of the pension boards were available on the City s website. City Manager Ryan advised that he would follow up on the minutes that were not available. The motion carried unanimously. Member Pritchett requested that the independent auditor who would be preforming the audit for the pension plans contact Dwight Severs to discuss his concerns further. She also requested copies of the minutes of the pension boards that were not available on the website. Mayor Tulley asked that staff provide additional information on who made the final decision regarding the ability for employees to purchase time in the pension plan. John Baxter asked who he would need to speak with regarding having a flood study performed on his property. Mayor Tulley advised that he would need to talk to City Engineer Woody Rice. 4
Hank Evans commented on how nice the Riverside Drives were in other cities and that Titusville s Riverside Drive had the worst road in the City. He stated that it distracted from the City s beauty and ambiance and that the entire City would benefit from Indian River Avenue and Riverside Drive being paved. Member Pritchett asked City Attorney Broome whether CRA money could be used to repave Indian River Avenue and Riverside Drive as they were in the CRA area. City Attorney Broome advised that if the CRA wanted to look at the repaving as redevelopment, then CRA funds could be looked at and recommended speaking with City Manager Ryan. Member Johnson requested that a less biased letter be sent to homeowners on Indian River Avenue and Riverside Drive. City Manager Ryan advised that a less biased letter could be created and sent to the homeowners on Indian River Avenue and Riverside Drive that would also provide an invitation to a community meeting. CONSENT AGENDA Member Pritchett moved to approve Consent Agenda Items A through I in accordance with recommendations upon reading. Vice-Mayor Long seconded the motion. Consent Agenda was read as followed by City Manager Ryan. A. Acquisition of Emergency Generator for Titusville High School Lift Station Approve award of a contract for Bid 14-B-013 for the acquisition of an emergency stand-by generator and automatic transfer switch (ATS) for lift station #34, Titusville High School, from Chinchor Electric, Inc., P.O. Box 4311, Enterprise, Florida in the amount of $57,609 and authorize the Mayor to execute the contract. B. Advisability to prepare an ordinance to amend the General Employees Pension Plan related to the Mortality Table Recommend preparation of an Ordinance to amend the General Employees Pension Plan related to the Mortality Table. C. Utility Access Agreement Arthur Dunn Airpark Accept Utility Access Agreement from Titusville-Cocoa Airport Authority for Arthur Dunn Airpark D. Award of Contract for Indian River City CDBG ADA Sidewalk Improvements Project Approve award of contract to All Florida Guardrail Corporation of Orlando, Florida in the amount of $56,900 for the construction 5
of ADA handicap ramps at various locations within the Indian River City Area, and authorize the Mayor to execute said contract. E. FDOT Joint Participation Agreement SR 406 Landscaping Amendment No. 1 - Approve FDOT Joint Participation Agreement (JPA) SR406 Landscaping Amendment No. 1 adding FDOT approved plans to the agreement and authorize the Mayor to execute the amendment. F. Purchase of Ammunition/Less Lethal Munitions/Targets Approve the award of Bid # 14-B-021 for the purchase of duty and live training rounds, chemical agents, and specialty impact munitions (less lethal munitions) in the amount of $26,985.90 to the vendors and amounts described: DGG Taser, Inc. of Jacksonville, FL $1,762.10; Lawmen's & Shooters' Supply, Inc. of Vero Beach, FL, $1,823.80 and National Police Ammunition of Miami, FL (State Contract #680-050-12-1) $23,400.00. G. Lease of Police Vehicles Approve the acquisition of eleven (11) police vehicles under a four (4) year lease from the Bancorp Bank dba Mears Leasing (Lessor) at the annual amount of $87,373.92, not exceeding $72,240.00 in FY 2013-2014; and authorize the Mayor to execute the lease documents for the eleven (11) police vehicles. H. Award of Contract for Indian River City CDBG Paving Improvements Project - Approve award of contract to P&S Paving, Inc. of Daytona Beach, Florida in the amount of $139,869.57 for the construction of paving improvements at various locations within the Indian River City Area, and authorize the Mayor to execute said contract. I. Advisability to Correct Incomplete Code Language Related to Election Signs - Approve advisability to correct incomplete code language related to election signs. The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Settlement Proposal from Mr. Kodsi regarding River Landing Hotel, Inc. Development Agreement. This item was tabled to the regular City Council meeting on March 25, 2014 at 6:30 p.m. earlier in the meeting. ORDINANCES-FIRST READING 6
Ordinance No. 13-2014 Changes to the Composition of the General Employees Pension Board City Attorney Broome read ORDINANCE NO. 13-2014, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 ARTICLE II, GENERAL EMPLOYEES PENSION PLAN, DIVISION 2. BOARD OF TRUSTEES SECTIONS 15-42 AND 15-43 BY AMENDING THE COMPOSITION OF THE BOARD AND TERM OF OFFICE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. Dwight Severs commented on the structure of the pension board and recommended consideration be given to Sections 1 and 3 under Section 15-42 Composition of the proposed Ordinance No. 3-2014 and recommended changes as followed: Section 1 stated Two (2) general employee members of the retirement system elected by plurality of the general members who are members of the system. Mr. Severs stated that this needed to clarify whether a member of the City Council could be appointed. He felt that ability, if the Mayor or a Council member desired, should be given to someone to sit on and assist the board. Section 3 stated Upon receipt of the fifth person s name, the City Council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. Mr. Severs recommended that this should minimally require the concurrence of the City Council. Discussion ensued. Consensus of the Council was to remove from Ordinance No. 13-2014 Upon receipt of the fifth person s name, the City Council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. Staff would research changing the composition of the pension board to be considered at a future date. The public hearing was scheduled for the regular City Council meeting on March 25, 2014 at 6:30 p.m. Annexation No. 1-2014 annexing approximate 4.07 acres of property located west of SR 405, east of I-95 and south of Satterfield Road and related Ordinance No. 12-2014 7
City Attorney Broome read ORDINANCE NO. 12-2014, AN ORDINANCE OF THE CITY OF TITUSVILLE, AMENDING SECTION 7, CHAPTER 63-2001, LAWS OF FLORIDA, SPECIAL ACTS OF 1963, BY ANNEXING CERTAIN PROPERTY LOCATED WEST OF STATE ROAD 405 AND SOUTH OF SATTERFIELD ROAD TO BE INCLUDED WITHIN THE CITY LIMITS; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. The public hearing was scheduled for the regular City Council meeting on March 25, 2014 at 6:30 p.m. Small Scale Amendment (SSA) No. 2-2014 and related Ordinance No. 14-2014 amending the Future Land Use Map to designate land use and Ordinance No. 15-2014 designating zoning on a property located west of SR 405, east of I-95, and south of Satterfield Road City Attorney Broome read ORDINANCE NO. 14-2014, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE MAP ON CERTAIN PROPERTY LOCATED WEST OF STATE ROAD 405 AND SOUTH OF SATTERFIELD ROAD FROM ITS PRESENT INDUSTRIAL (BREVARD COUNTY) TO INDUSTRIAL USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE, And ORDINANCE 15-2014, AN ORDINANCE AMENDING ORDINANCE NO. 5-1993 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 STATE ROAD 405 AND SOUTH OF SATTERFIELD ROAD FROM ITS PRESENT LIGHT INDUSTRIAL (BREVARD COUNTY) ZONING TO INDUSTRIAL (M-2) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. The public hearing was scheduled for the regular City Council meeting on March 25, 2014 at 6:30 p.m. OLD BUSINESS - None NEW BUSINESS 8
Fiscal Year 2012-2013 Annual Report for the US 1 Corridor Community Redevelopment Agency City Manager Ryan advised that Chapter 163.356(3) (c), Florida Statutes, required each Community Redevelopment Agency (CRA) to file an Annual Report of its activities and financial statements for the preceding year. This report shall include a financial statement setting forth its assets, liabilities, income and operating expenses at the end of the fiscal year. When the report was filed, the CRA would publish a notice that the report had been filed with the municipality and was available for inspection during business hours in the Office of the City Clerk. Upon approval by the Community Redevelopment Agency, copies of the report would be sent to the taxing authorities. It was recommended that Council approve the Fiscal Year 2012-2013 Annual Report and Financial Statement for the US 1 Corridor Community Redevelopment Agency. City Manager Ryan advised that the City Council would be acting as the US 1 Corridor Community Redevelopment Agency for this item. Member Pritchett moved to approve the Fiscal Year 2012-2013 Annual Report and Financial Statement for the US 1 Corridor Community Redevelopment Agency and approve transmittal to the taxing entities, as recommended. Member Johnson seconded the motion. The motion carried unanimously. Advisability to enhance the Special Event Permit regulations for mobile vendors who bring traveling zoos to the community City Manager Ryan advised that Council Member Burson made a request for an agenda item to discuss whether to provide staff with advisability to enhance the Special Event Permit regulations for mobile vendors who brought traveling zoos to the community. Member Burson reported that a recent traveling zoo setup at the Searstown Mall and the event generated comments by citizens on the Greater Titusville Renaissance Facebook Page. As a result of those comments, Member Burson made this request to have this item on the agenda for discussion. As background information, the City of Titusville issued both a Special Event Permit and a Business Tax Receipt to Jungle Safari for the recent event at Seartown Mall. In response to that request for a discussion by the City Council, Peggy Busacca, Planning & Growth Management Director was asked to benchmark with other communities regarding regulations for such traveling zoos. Planning and Growth Management Director Busacca advised that a Petting Zoo Regulations Research report was included in the agenda package. From that research, it was determined there were no regulations specifically related to petting zoos. Mayor Tulley commented that he understood the treatment of animals in an event such as a petting zoo was the County s responsibility as it fell under animal control. 9
City Attorney Broome stated that there were regulations in the City s Code in relationship to the cruelty of animals. He advised that pursuant to the Code, the County was the entity that enforced the City s Code in regards to the cruelty to animals. He advised that when a report of animal cruelty was received by the City, that report was referred to the Brevard County Animal Control in accordance to the Code and they would investigate. Mayor Tulley asked what else could be done regarding the cruelty to animals in the petting zoos. City Attorney Broome advised that specific regulations for petting zoos and those types of entities could be looked at by staff to try and regulate treatment of those animals. Planning and Growth Management Director Busacca advised that staff would provide information regarding any specifics related to other cities conditional use permits for treatment and care of animals other than household animals. Member Pritchett requested that additional information on petting zoos be provided to the Council. Vice-Mayor Long moved to approve advisability for staff to move forward with providing an ordinance banning traveling zoos within the City limits of Titusville, as recommended. Member Burson seconded the motion. The motion carried unanimously. Advisability to prepare a resolution supporting Congressional efforts to adopt and implement reforms to current Immigration Laws and Regulations City Manager Ryan advised that Mayor Tulley requested an agenda item requesting a discussion with the Mayor and City Council and advisability to prepare a resolution supporting Congressional efforts to adopt and implement reforms to current Immigration Laws and Regulations. Mayor Tulley was in receipt of the resolution from the City of Doral included in the agenda package and wanted to present the same for Council s discussion and direction on preparing a similar resolution for adoption at a future meeting Mayor Tulley advised that he received an email asking for Council s consideration for support in Congressional efforts to adopt and implement reforms to current Immigration Laws and Regulations. He recommended that if Council elected to pursue a resolution in support of that issue, to include items as followed: Suggest that Congress secure the boarders, require wait times for citizenship that were at least as long as legal immigrants based on skill and education levels, and deport all illegal aliens with criminal records. Vice-Mayor Long moved to approve advisability for staff to prepare a resolution supporting congressional efforts to adopt and implement reforms to current Immigration 10
Laws and Regulations, as recommended. Member Pritchett seconded the motion. The motion carried unanimously. Resolution No. 4-2012 City Manager Ryan advised that at the September 26, 2013 Brevard County Commission meeting, it was discussed by the Commission to eliminate First Responder Funding to the municipalities. As a collaborative effort by other municipalities within Brevard County, the Space Coast League of Cities along with the Space Coast Fire Chiefs Association, similar resolutions were being passed to urge Brevard County Commission to continue funding the First Responder Program. The First Responder program was established as a collaborative effort by Brevard County and the municipalities to enhance the level of service throughout the county to (ALS) Advanced Life Support. The funding was established to reimburse the municipalities for equipment, training and consumables needed to provide and maintain First Response Advanced Life Support Service to the citizens within the municipalities. Staff recommended that Council adopt Resolution No. 4-2014. Member Johnson advised that he supported Resolution No. 4-2014 and that First Responders could make a difference in a life or death situation and he felt it was very important. Mayor Tulley stated that he felt that the County should provide the City transport capability, not just financial support for the program. Fire Chief Mike Woodward advised that in reference to the City s ability to transport, it was not necessarily at the County level as much as it was a state law. The State gave the County authority through State Statute to dictate and determine the level of service that not only the County provided, but also all the municipalities within the County; therefore, there would need to be change on the State level. Vice-Mayor Long moved to approve Resolution No. 4-2014 supporting the First Responders Program and urging the Brevard County Board of County Commissioners to continue supporting the collaborative effort between the City and the County to provide the highest level of Emergency Medical Services (EMS) to City and County residents, as recommended. Member Pritchett seconded the motion. The roll call was: Member Pritchett Vice-Mayor Long Mayor Tulley Member Johnson Member Burson 11
The motion carried unanimously. Submittal of a Letter to the Florida Department of Environmental Protection Supporting the Acceleration of Implementing TMDL and BMAP Requirements for Cities and Counties along the Indian River Lagoon City Manager Ryan advised that at the February 25, 2014 City Council Meeting, Vice-Mayor Long indicated that the Indian River Lagoon Advisory Group had proposed requesting the Florida Department of Environmental Protection impose accelerated requirements on cities and counties along the Indian River Lagoon to construct projects that reduced the TMDL to the lagoon along with accelerating the implementation of Basin Management Plans (BMAPs). At the February 25th Meeting, Vice-Mayor Long indicated that Mr. Troy Rice, Director of the Indian River Lagoon National Estuary Program would be drafting this letter and submit the same to our community for approval to prepare a similar letter. As to background information as of this date, the City had completed the downtown Stormwater Park, the Senior Center Stormwater Park, the St. John's Street Baffle Box, had two street sweepers in operation to remove debris from the roadways, and had adopted a strong ordinance regulating the application of fertilizer within the community. Additionally, the construction of the new Draa Field Stormwater facility was in design. Mr. Sean Stauffer, Water Resources Director, provided the following rough cost estimates for TMDL compliance based on the current schedule of 10 years for Cycle II and Cycle III versus an accelerated schedule of 5 years for both Cycles. Current schedule with completion in 2028 = $15.8M Accelerated schedule with completion in 2023 = $16M (Please note the funds already expended in Cycle I was not included) The accelerated schedule showed an increase in costs of approximately $200,000. Those costs were associated with additional staff required to accommodate the accelerated schedule. Under the current Stormwater Utility rate structure, all but approximately $4.7 Million of the total costs of compliance with the TMDLs would be able to be funded. It was expected that the additional funding needs would be available through grants, loans, or cost sharing partnerships. If the schedule was accelerated, the compliance plan would be underfunded by approximately $10 Million. To overcome the funding gap for the accelerated plan grants, loans, or cost sharing partnerships as well as increases to the stormwater, utility fees would be used. It was highly likely that additional TMDLs would be issued for the St. Johns River Basin in the near future. Those would present additional funding needs for compliance and might be in excess of the costs associated the IRL TMDL compliance costs. 12
Mayor Tulley stated that there would need to be a way to protect the City s tax payers against being in a position where the State would mandate to accelerate implementing TMDL and BMAP requirements for Cities and Counties along the Indian River Lagoon so the City would not find themselves in the position of an unfunded mandate if the City wrote a letter in support of acceleration. Vice-Mayor Long stated that the mandates would come with or without the letter of support. Mayor Tulley recommended adding a sentence to the letter to recognize the importance to municipal governments of unfunded mandates. Water Resource Director Stauffer advised that the calculations provided in the agenda were rough calculations to provide Council an idea of what would happen if Titusville s schedule was accelerated by the five years. City Manager Ryan advised that the letter provided could be modified to address Council s concern and relay that the City wanted to protect the Lagoon and accelerate implementing TMDL and BMAP requirements for cities and counties along the Indian River Lagoon, but also to recognize it had to be funded through the City, County, State, and Federal Government. Discussion ensued. Member Pritchett moved for staff to provide modifications regarding moving forward with accelerating the process of implementing TMDL and BMAP requirements along the Indian River Lagoon in one year. Member Johnson seconded the motion for discussion. Member Johnson asked Member Pritchett whether she would amend her motion to include submitting the letter with modifications as recommended by the City Manager. Member Pritchett amended her motion to include authorizing staff to submit a letter to the Florida Department of Environmental Protection supporting the acceleration of implementing TMDL and BMAP requirements for cities and counties along the Indian River Lagoon with minor modifications as recommended by the City Manager. City Manager Ryan advised that his recommendation was to modify the letter to encourage the acceleration of the TMDL and BMAP requirements, but provide language that recognized that there was a need for funding from the State, City, County and Federal Government. He advised that it would be appropriate for the letter to be signed by all of Council. The motion carried unanimously. 13
Approval of Resolution No. 5-2014 urging the United State Congress to fully fund the CDBG and HOME programs and the State of Florida to fully fund the SHIP programs City Manager Ryan advised that the Community Development Block Grant (CDBG) program was enacted into law as part of the Housing and Community Development Act of 1974. CDBG projects must be consistent with broad national priorities for CDBG and the activities must benefit low-and moderate-income people and the prevention or elimination of slums, or other community development activities to address an urgent threat to health or safety. Additionally, CDBG funds may be used for community development activities (such as real estate acquisition, relocation, demolition, rehabilitation of housing and commercial buildings), construction of public facilities and improvements (such as water, sewer, and other utilities, street paving, and sidewalks), construction and maintenance of neighborhood centers, and the conversion of school buildings, public services, and economic development and job creation/retention activities, all of which assisted low and moderate income families. The United States Congress was considering funding cuts for this program. The HOME Investment Partnerships (HOME) Program enacted into law in 1990 was the largest federal block grant to state and local governments designed exclusively to create affordable housing for low-income households and was also in jeopardy of being reduced or eliminated by Congress. The communities that participated would choose among a broad range of eligible activities, using HOME funds to provide home purchase or rehabilitation financing assistance to eligible homeowners and new homebuyers; build or rehabilitate housing for rent or ownership; or for "other reasonable and necessary expenses related to the development of non-luxury housing," including site acquisition or improvement, demolition of dilapidated housing to make way for HOME-assisted development, and payment of relocation expenses, all of which assisted low income families. The State Housing Initiatives Partnership program (SHIP), provided funds to local governments as an incentive to create partnerships that produced and preserved affordable homeownership and multifamily housing, again which served very low, low and moderate income families. SHIP dollars may be used to fund emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. The Governor's FY 2014-2015 Proposed Budget announced, provided that 70% of the funds within the Housing Trust Fund, funded through doc stamps and established for housing initiatives, would not be utilized for housing programs. This proposed budget only appropriated $20 million for 67 counties to fund the SHIP program and this funding 14
level only represented 10% of the trust fund revenues. This proposed allocation would fund the minimum allocation to each of the 67 counties. Included in the agenda package was a resolution for Council s consideration. Member Johnson moved to approve Resolution No. 5-2014 urging the United States Congress to fully fund the CDBG and HOME programs and the State of Florida to fully fund the SHIP programs, as recommended. Member Pritchett seconded the motion. The roll call was: Vice-Mayor Long Mayor Tulley Member Johnson Member Pritchett The carried unanimously. Please note that Member Burson had left the meeting during the roll call vote. The Council recessed at 9:40 p.m. and reconvened at 9:50 p.m. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston made requests to Council as followed: That any City s objections to the engineering aspects or time constraints to satisfy a Petition to Mayor and Council of the City of Titusville be in writing and signed and sealed by one of City s professional engineers. Request for a meeting with the City Manager, Stan and Guin Johnston, James Dean, City Engineer Woody Rice, and a City Council member to discuss Mr. Johnston s allegations of misconduct by City staff. City Attorney Broome advised that the City s Charter read that any issues with the City Staff would be dealt with by the City Manager, not the City Council. Mayor Tulley advised that Mr. Johnston would need to discuss his concerns with the City Manager. MAYOR AND COUNCIL REPORTS 15
Mayor s Report Mayor Tulley provided a written report. Space Coast League of Cities Meeting Mayor Tulley stated that he attended the Space Coast League of Cities meeting on February 10, 2014. He advised that the First Responder resolution previously passed by the City was also passed by the Space Coast League of Cities and the Cities of Melbourne and Satellite Beach. Mayor Tulley advised that he attended a Technology and Government Seminar at UCF on March 10, 2014 and members of the Titusville Student Advisory Council was also in attendance. Mayor Tulley provided a printout of an article Ecological Engineering, The Journal of Ecosystem Restoration to the City Manager for distribution to the Council for their review. He advised that it might assist in future discussions regarding the removal of the seawall behind the old Howard Johnson s buildings. North Brevard County Hospital District Board Meeting Member Burson provided a copy of the report from the Parrish Medical Center Committee and Board of Directors meetings held on February 3, 2014. CITY MANAGER S REPORT City Manager Mark Ryan submitted a written report and highlighted as followed: Action Items Regulating the resale of Child Protection Seats At the February 25, 2014 City Council Meeting, a presentation from Assistant City Attorney Chelsea Farrell regarding the issue of regulating the resale of Child Protection Seats in the City of Titusville was heard. Included in that report, was a memorandum from Attorney Farrell attempting to address the request for information that members submitted at that meeting. Included in the agenda package was a draft resolution urging the Florida Legislature and the Governor to support statewide legislation on the resale of child protection seats. Council could adopt this resolution at that meeting or place it on the March 25, 2014 16
regular City Council meeting agenda for possible adoption. Member Johnson moved to approve the resolution urging the Florida Legislature and Governor to support statewide legislation on the resale of child protection seats, as recommended. Member Pritchett seconded the motion. The roll call was: Mayor Tulley Member Johnson Member Burson Member Pritchett Vice-Mayor Long The motion carried unanimously. The resolution would be assigned a number following the meeting: Resolution No. 6-2014 One Way Traffic Proposal Pine Street and Palmetto Drive A request was received from a citizen to convert Palmetto Drive to a one way (east bound only) roadway from Palm Avenue to Indian River Avenue. Additionally, the citizen made a request to convert Pine Street to a one-way roadway (west bound only) from Indian River Avenue to Palm Avenue. Included in the agenda package was a memorandum from Public Works Director Kevin Cook and his recommendation not to implement. It was appropriate to act upon that issue. Mayor Tulley asked City Manager Ryan for clarification as to the requested action. City Manager Ryan advised that the conclusion provided by Public Works Director Cook was that the impact to the City of Titusville Fire Department, the liability created by having the Fire Department responding using one-way traffic and the FDOT review of the proposal, the City of Titusville Public Works Department recommended against the concept, as presented. If the City Council desired a plan for additional on street parking or traffic flow in these areas, staff could certainly review the request and provide an alternate proposal. Member Pritchett advised that after hearing Public Works Director Cook s conclusion and driving through the area in question, she was not supportive of making changes at that time to Pine Street and Palmetto Drive. 17
Member Johnson asked whether there was prevalence for accidents on Pine Street and Palmetto Drive and City Manager Ryan advised that he did not have firsthand knowledge of that information. Member Johnson advised that if there was no further information on the prevalence for accidents on Pine Street and Palmetto Drive, he did not support the proposal. Vice-Mayor Long moved to take no action on the one way traffic proposal on Pine Street and Palmetto Drive, as recommended. Member Pritchett seconded the motion. The motion carried unanimously. FY 2015 Budget Planning Workshop with Executive Leadership Team City Manager requested a follow-up workshop in reference to the FY 2015 Budget Planning with the Executive Leadership Team and follow-up discussions from the February workshop. He proposed Thursday, March 27, 2014 for the workshop. Council authorized a special City Council meeting FY 2014 Budget Planning Workshop with the Executive Leadership Team and follow-up discussions from the February workshop on Thursday, March 27, 2014 at 4 p.m. Informational Items 2012 Student Leadership Conference Florida Department of Environmental Protection Presentation of the 2014 Strategic Monitoring Plan and Prioritization of the TMDL and BMAP Development 2014 Rocketman Triathlon Titusville Area Chamber of Commerce Military Appreciation Day, Saturday, May 17, 2014 Hopkins Avenue Complete Streets Feasibility Study Congratulations to Economic Development, Development Services, Water Resources, and Fire & Emergency Services for the North American Surveillance System Project Update on Brevard County School Board Conflict Resolution Staff Review of Future Land Use Map Issues 2014 Florida Legislative Session (March 4, 2014 May 2, 2014 2014 Florida League of Cities Legislative Action Days Indian River Lagoon Counties Collaborative Meeting, March 7, 2014 Riverfront Park Update 18
CITY ATTORNEY S REPORT - None With no further business, the meeting adjourned at 10:15 p.m. James H. Tulley, Jr., Mayor ATTEST: Wanda F. Wells, City Clerk 19