City Council Regular Meeting February 25, 2014 The City Council of the City of Titusville, Florida met in regular session on Tuesday, February 25, 2014 in the Council Chamber of City Hall, 555 South Washington Avenue, Titusville, Florida. The meeting was called to order at 6:55 p.m. Those present were Mayor Jim Tulley, Vice-Mayor Martha Long, and Members Kathleen Burson, Walt Johnson, and Rita Pritchett. Also present were City Manager Mark Ryan, City Attorney Richard Broome and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Mayor Tulley requested a moment of silence and then led those present in the Pledge of Allegiance to the Flag. He then read the procedure for public comment during the meeting. APPROVAL OF MINUTES - Vice-Mayor Long moved to approve the minutes of the regular City Council meeting on January 14, 2014, as submitted. Member Johnson seconded the motion and it carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS: Due to there not being adequate time at the regular City Council meeting scheduled on February 25, 2014 at 5:30 p.m., the following item was deferred to the regular City Council meeting on February 25, 2014 that was scheduled at 6:30 p.m. Child Restraint System Presentation Assistant City Attorney Chelsea Farrell distributed information to the Council. She gave a presentation that highlighted the use of child restraint systems (child car seats) post-automobile accident, questions that asked whether used car seats were safe, related issues, and solutions, as followed: Questions that asked whether used car seats were safe and did Florida cities regulate car seat sales Potential issues and recommended action Services provided by Titusville Fire & Emergency Services responsibilities that assist the public with child car sear inspections, installation, etc. Car seat misuse
Legislative action to establish statewide policy Proposal of a resolution to inform the public about child car seat safety and inspections Proposal to advertise the City s Certified Child Passenger Safety Technicians (CPSTs) Proposal for the City to require posting a notice at all points of sale and retailers that previously owned child car seats may be unsafe it was ever involved in a crash Posted notice options The Council discussed that the new electronic sign that would soon be installed in front of City Hall could be used to advertise the services provided by CPST technicians and information about child car seat safety; and families would be more concerned if they knew of the dangers potentially posed by using used child car seats. Member Burson requested (1) publicizing the fact that the Fire and Emergency Services Department would not install a child car seat unless they knew the history of the seat and (2) exploring the possibility of requiring retailers of used car seats to secure a laminated and unremovable notice on the seats that advises the public on the dangers of using used child car seats. Based on the tentative idea that the City may develop a notice, Member Long requested researching whether day care centers would be agreeable with posting the notice at their centers. One public speaking card was submitted on the item. Reggie Belle advised that his original request to the City was to prohibit the use and sale of used car seats in the City. He felt that thrift stores would not know the history of the seats sold in their stores. He also explained that car seats had expiration dates that were engraved/stamped into them; however, many individuals did not know about the expiration date. Additionally, Mr. Belle explained that the City had been educating the public about child car seat safety for twenty years. For these reasons, Mr. Belle felt that more actions should be taken to protect the public. Assistant City Attorney Farrell would bring back additional information based on Council s discussion. BOARDS AND COMMISSIONS: Resolution No. 2-2014 - Affordable Housing Advisory Committee Resignations and Appointments The request was to accept the resignation of Affordable Housing Advisory Committee Regular Member Michael Cunningham with regrets and approve Resolution No. 2-2014, which facilitated reappointing Regular Members Joe C. Robinson, Melissa R. Criss, M. Diane Ruth, Zoheir Sid Chehayeb PE, Willett Bill Trabue, Freida Atwood, and John Chambers to the Affordable Housing Advisory Committee for two-year terms that would expire on February 26, 2014. Member Pritchett moved to accept the resignation of Regular Member Michael Cunningham with regrets. Member Burson seconded the motion and it carried unanimously.
Member Johnson moved to approve Resolution No. 2-2014 reappointing Regular Members Joe C. Robinson, Melissa R. Criss, M. Diane Ruth, Zoheir Sid Chehayeb PE, Willett Bill Trabue, Freida Atwood, and John Chambers to the Affordable Housing Advisory Committee for two-year terms that would expire on February 26, 2014, as recommended. Member Pritchett seconded the motion. The roll call was: Member Pritchett Vice-Mayor Long Mayor Tulley Member Johnson Member Burson The motion carried unanimously. Titusville Environmental Commission Semi-Annual Report Titusville Environmental Commission (TEC) Chairperson Dean Pettit gave a presentation that highlighted the Titusville Environmental Commission (TEC) Semi-Annual report. Member Burson moved to accept the Titusville Environmental Commission Semi-Annual report, as presented. Vice-Mayor Long seconded the motion and it carried unanimously. The Council briefly discussed honoring former Member Anthony Koromilas (deceased) and working with others to review the stormwater basin maps. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston commented on water flowing downhill; prior complaints made to Code Enforcement; interacting with staff; designing dams; 100-year flood plain calculation considerations; the City s existing flood production ordinance; submitting information to the Federal Emergency Management Association (FEMA); his personal dissatisfaction with matters related to drainage in the Baker s Subdivision, etc. Dean Pettit felt the City should provide financial assistance to individuals that needed to purchase new child car seats. City Manager Ryan advised that the City currently had a program to assist with the purchase of new child car seats.
CONSENT AGENDA: Member Johnson moved to approve consent items A, B, and C upon reading by the City Manager. Vice-Mayor Long seconded the motion. City Manager Ryan read Consent Agenda Item Nos. A, B, and C, as followed: A. Purchase of Capital Outlay Equipment - Approve Budget Amendments for Capital Outlay Projects ZO1403 and ZO1307; and the purchase of One (1) Backhoe (Project: Z01402 for Streets Maintenance) from Trekker Tractor of Tampa, FL in the amount of $66,900; One (1) Tractor w/boom Mower (Project: Z01403 for Streets Maintenance) from Robinson Equipment of Mims, FL in the amount of $99,847; One (1) Tractor w/boom Mower (Project: Z01412 for Water Reclamation) from Robinson Equipment of Mims, FL in the amount of $90,131; and One (1) Backhoe (Project: Z01307 for Field Operations) from Trekker Tractor, LLC of Orlando, FL in the amount of $80,900. B. Amendment to the Declaration of Restrictions for the Plat of Summit Phase 2 - Approve proposed amendment to the Declaration of Restrictions for the Plat of Summit Phase 2. C. Right-of-Way Vacation No. 2-2014 - Advisability to Vacate Public Right-of-Way and Minor Division - Approve Resolution No. 3-2014, declaring that at a definite time and place a public hearing would be held to consider vacating, abandoning, and discontinuing certain public streets and vacate the Country Club Heights Minor Division. The roll call was: Vice-Mayor Long Mayor Tulley Member Johnson Member Burson Member Pritchett The motion carried unanimously. ORDINANCES SECOND READING, PUBLIC HEARING AND RELATED ACTION: Ordinance No. 9-2014 - Creating Economic Opportunity Districts City Attorney Broome read Ordinance No. 9-2014 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 27, ARTICLE II, SECTION 27-11, DEFINITION TO ADD THE DEFINITION OF ECONOMIC OPPORTUNITY DISTRICT; AMENDING CHAPTER 59, ARTICLE IV, COMMERCIAL DISTRICTS, DIVISION 5 COMMUNITY COMMERCIAL (CC) AND DIVISION 6 REGIONAL COMMERCIAL (RC) ; SPECIFICALLY AMENDING SECTIONS 59-344 AND SECTION 59-364 CONDITIONAL USES BY ADDING THE ECONOMIC OPPORTUNITY CONDITIONAL USE; BY AMENDING CHAPTER INDUSTRIAL DISTRICT DIVISION
2 LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1), SPECIFICALLY AMENDING SECTION 59-484 CONDITIONAL USES BY ADDING THE ECONOMIC OPPORTUNITY DISTRICT CONDITIONAL USE; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR INCORPORATION INTO THE CODE, for the second time by title only. Mayor Tulley opened the public hearing. As there was no one that wished to speak, he closed the public hearing. Vice-Mayor-Long moved to approve Ordinance No. 9-2014, as recommended. Member Johnson seconded the motion and it carried unanimously. The roll call was: Mayor Tulley Member Johnson Member Burson Member Pritchett Vice-Mayor Long The motion carried unanimously. Ordinance No. 10-2014 - Annual Update to the Capital Improvement Element City Attorney Broome read Ordinance No. 10-2014 - 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 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE CAPITAL IMPROVEMENT ELEMENT; AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT RELATING TO THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only. Mayor Tulley opened the public hearing. As there was no one that wished to speak, he closed the public hearing. Member Pritchett moved to approve Ordinance No. 10-2014, as recommended. Vice-Mayor Long seconded the motion and it carried unanimously. The roll call was: Member Johnson Member Burson Member Pritchett Vice-Mayor Long
Mayor Tulley The motion carried unanimously. Ordinance No. 11-2014 - Synthetic Drugs City Attorney Broome read Ordinance No. 11-2014 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 12-27, ENTITLED SYNTHETIC DRUGS PROHIBITING THE POSSESSION, USE, SALE, DISTRIBUTION, PRODUCTION, MANUFACTURE, DISPLAY, ADVERTISEMENT, MARKETING, OR OFFER TO SELL OF SYNTHETIC DRUGS; PROVIDING A STATEMENT OF INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR DETERMINATION OF A PRODUCT WHICH CONSTITUTES A SYNTHETIC DRUG; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICTS OF LAW; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE, for the second time by title only. Mayor Tulley opened the public hearing. As there was no one that wished to speak, he closed the public hearing. Member Johnson moved to approve Ordinance No. 11-2014, as recommended. Member Pritchett seconded the motion and it carried unanimously. The roll call was: Member Burson Member Pritchett Vice-Mayor Long Mayor Tulley Member Johnson The motion carried unanimously. ORDINANCES-FIRST READING None. OLD BUSINESS None. NEW BUSINESS:
Advisability to Allow a Private Helipad City Manager Ryan summarized the request, which was to obtain direction from Council to draft an amendment to the Land Development Regulations (LDRs) to allow a private helipad. Principal Planner Brad Parrish summarized that an individual was seeking permission to install a helipad on residentially zoned property. He advised that three example ordinances and regulations were provided to Council for their consideration. The Council discussed with staff and City Manager Ryan that the individuals that were interested in installing the helipad had not submitted an application, but instead they were seeking whether the Council would consider amending the LDRs to allow them; if permitted, the helipad would most likely be constructed using impervious surface materials; Brevard County was the only jurisdiction within the County that permitted helipad in their regulations; and some on Council did not feel inclined to approve new legislation that would apply to any and all individuals that desired having a helipad on residentially zoned property and that met certain criteria, etc. Two public speaking cards were submitted on the item. Roger Molitor commented that he was working with a client that desired purchasing 74 acres and placing one home and a helipad on the property. The property contained various zoning categories, but the helipad was proposed for the residential zoning. During the discussion, he distributed a copy of an aerial map of the subject property to the Council. Council discussion continued on the Federal Aviation Administration s (FAA s) authority to regulate these matters; the FAA was the only agency that regulated flight paths; the topography of the tentative 74 acre tract; requiring a minimum lot size and the number of helipads that could be installed in a given area; according to some, helicopters were noisy and may not be best suited near residential areas; Member Johnson requested having City Manager Ryan and staff check on the FAA s regulations in regards to landing regulations. He also requested receiving a copy of information published by the FAA on the use of private helipads. Robert Kirk declined to speak. Member Johnson moved to proceed with advisability to allow a private helipad. Member Pritchett seconded the motion. City Manager Ryan clarified whether there was consensus to require a minimum of 10 acres. Member Johnson advised that he preferred more acreage and that 10 acres might be the minimum amount of acreage for a helipad(s); however, Member Johnson advised that he did not want to restrict the information that would be presented back to Council following the request for advisability.
The motion failed by a vote of 2-3 with Mayor Tulley, Vice-Mayor Long, and Member Burson in objection. Advisability to Address Outdoor Storage City Manager Ryan advised that staff was requesting direction to draft amendments to the Land Development Regulations (LDRs) to address outdoor storage. Outdoor storage was currently only allowed in the Industrial (M-2) zoning district. In order to allow outdoor storage, businesses would either have to relocate to an M-2 zoning district or request a rezoning of their property to the M-2 district. Staff believed that this could potentially lead to the emergence of Heavy Industrial zoning districts, which allow unsightly or even noxious activities, at locations that are not ideal for such activities, for the sole purpose of allowing outdoor storage. Principal Planner Brad Parrish advised that staff was seeking Council s input and whether they should make reasonable accommodations or implement additional restrictions to the Code related to outdoor storage and the M-1 zoning district. He also advised that there was no definition for outdoor storage and there were options and examples that staff could provide to the Council. Vice-Mayor Long supported making any changes that would improve the appearance of the City. Member Johnson supported this and advised that the City needed to have a clear definition of outdoor storage and containers. He and Vice-Mayor Long supported obtaining staff recommendations. Robert Kirk advised that these matters affected his property, which he had been using for 50 years for construction business purposes. He commented on his communications and visits from staff and the types of equipment and activities that occurred on his property. He felt it was important to clarify the definitions of outdoor storage, containers, etc. Additionally, Mr. Kirk desired to continue doing business in Titusville as he had always done before the City was incorporated. He also commented on screening the view of equipment, compliance with the code, etc. Member Johnson and Mr. Kirk discussed that Mr. Kirk was willing to install additional screening at his property if necessary and at the location of the railroad tracks near Mr. Kirk s property. Member Burson advised that she could not support a chain link fence as screening. She desired requiring substantial screening or landscape buffering. Discussion ensued on a business property located on Hopkins Avenue; applying the Code consistently; a prior variance application was approved that facilitated the appearance or use of the Hopkins Avenue property; a previous complaint made against Mr. Kirk s property; Mr. Kirk was working with the City to address issues on his property; misunderstandings; clarifying the definition of outside storage, etc. Roger Molitor felt that complaints about outdoor storage at businesses and residences would always exist. He kept his lawnmower outside, so he guessed that he was in violation. He desired
the City to be business friendly and not get tied up in strict rules and being rigid, but instead promote an environment that allowed businesses to do well, including making it permissible for businesses to store things on their properties, etc. Member Johnson advised that the Council wanted to make the rules fair for everyone. Member Johnson moved to approve advisability to address outdoor storage. Member Burson seconded the motion and it carried unanimously. Advisability - Ad Valorem Tax Abatement Referendum City Manager Ryan outlined the request to approve placing a renewal of the current Ad Valorem Tax Abatement authorization for incentivizing economic development on the ballot as a voter referendum item during the November 2014 General Election. The current authorization for this program expired in November 2014. In order to renew this authorization, approval was required via voter referendum. City Manager Ryan advised that the ad valorem tax abatement program was a key element of the City s economic development efforts and enabled the City to remain competitive in attracting and retaining businesses and jobs within the City limits. Staff was seeking direction to develop an ordinance calling for a referendum election for the renewal of the ad valorem tax abatement program in the City of Titusville. Member Johnson moved to approve advisability to develop an ordinance for the Ad Valorem Tax Abatement Referendum. Member Pritchett seconded the motion and it carried unanimously. Member Johnson felt the Ad valorem Tax Abatement Program was important to support the City s economic growth. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston commented on his communications with FEMA and staff and his concerns for drainage at the Senior Center. Member Burson moved to give Mr. Johnston an additional minute to speak. The motion died for the lack of a second. MAYOR AND COUNCIL REPORTS: Mayor's Report - Mayor Tulley submitted his written report.
North Brevard Economic Development Zone Meeting - Mayor Tulley highlighted the discussion at the recent North Brevard Economic Development Zone meeting, which included information on a upcoming ground breaking ceremonies, tracking the expenditure of City funds, and a site that was proposed for development. Space Coast Transportation Planning Organization Meeting Vice-Mayor Long and Mayor Tulley highlighted the discussion at the recent Space Coast Transportation Planning Organization (TPO) meeting, which included discussions on a brochure that informed the public about the TPO; sidewalks and the connectivity of trails and whether; attending training sessions; the Florida Department of Transportation (FDOT) had directed all districts to hire a bicycle, pedestrian, and trails coordinator; community outreach program; the TPO updated their strategic plan; the Complete Streets Project was moving forward, etc. Student Advisory Council Meeting Vice-Mayor Long encouraged the Council to visit the Student Advisory Council at their upcoming Leadership Seminar at Parrish Medical Center on Friday, February 28, 2014. North Brevard Commission on Parks & Recreation Meeting - Member Johnson asked whether the current vacant position on the North Brevard Commission on Parks and Recreation was a City or County appointee. City Manager Ryan advised that staff would research and report back to the Council. Additionally, he advised that he Police Athletic League was taken over by the Brevard County Sherriff s Office. Titusville Area Chamber of Commerce Meeting - Member Burson highlighted the discussion at the recent Titusville Area Chamber of Commerce meeting, which included discussions on economics; housing; the Port Fest was scheduled for the upcoming weekend; the Port and its business connectivity with Orlando; Space Coast Military Appreciation Day on May 17, 2014 at Sears Town Mall and related activities; Indian River Festival; Taste of Titusville on March 18, 2014, etc. Council discussed the individuals that were involved with food truck festivals and activities that were occurring at Sand Point Park to improve the public s use of the park.
Vice-Mayor Long advised there was a multi-county group meeting on the Indian River Lagoon (IRL) during the prior week. One of the outcomes of the group meeting was a decision to write a letter to the Environmental Protection Agency or relevant authority to accelerate the implementation of the Total Maximum Daily Load (TMDL) requirements and other State or regulatory policies. The current implementation plan was 15 years and the multicounty group wanted the schedule compressed (shortened). Vice-Mayor Long advised that she and Troy Rice discussed that the City could write a letter supporting the proposal. The subject would be discussed at an upcoming meeting in Orlando on March 25, 2014. She had a notice about the meeting that she could forward to the City Manager. For these reasons, she requested whether the Council would support asking City Manager Ryan to draft a letter for the Mayor s signature to get the implementation plan compressed. She would get more information to City Manager Ryan as soon as she received the information. City Manager Ryan recommended placing this item on the agenda to allowing staff the opportunity to discuss the financial components of the regulations with the Council. Vice-Mayor Long expressed the urgency and importance of organizing the necessary actions and quickly to restore the IRL and making this a priority. She also felt there was more synergy in south Brevard than there was to the north, which was a concern. Vice-Mayor Long advised that she desired looking at what others were doing and develop the community and plans to actively address the issues related to the IRL. In addition, Vice-Mayor Long advised that the St. Johns River Water Management District was given grant funds for shoreline restoration and she wanted Titusville to be on this list; however, per Troy Rice, Titusville needed to have a project. Council expressed concern about the citizen that spoke regularly at meetings about the drainage at the Senior Center. They commented that it was sometimes difficult to clarify what the citizen requested of them and it was not appropriate when the citizen complained and disparaged a staff member and when the citizen sent emails the night before a Council meeting, but demanded action or answers within a day. The Council also noted that other agencies that the citizen communicated with about the citizen s concerns were not able to satisfy the citizen s needs. Mayor Tulley summarized three items that he believed the citizen in question was requesting from the City, which included: 1. Get the Gyphen-Herzberg out of the water management plan 2. Regarding the Baker s Subdivision - remove the data associated with the 1997 Water Management 3. The citizen felt there was a taking against their property City Manager Ryan highlighted some history on the Baker s Subdivision and that Unit One was approved in 1963 in the unincorporated area of Brevard County, etc. He also commented on the
National Wetland Inventory Map, U.S.G.S. maps, and other factors revealed there were historical issues related to water in the area. Additionally, City Manager Ryan noted that the citizen claims the elevation of the weir at the Senior Center is 15.75 feet high and the citizen s property is at 14 feet elevation; however, a previous change order that was approved by the SJRWMD and the City Council reduced the height of the weir to 13.96 feet. Mayor Tulley noted the City needed closure on the issue. CITY MANAGER S REPORT - City Manager Ryan submitted his written report. Summer Recess City Manager Ryan requested whether Council desired continuing taking a summer recess, which was an action the Council continued since 2007. Member Johnson moved to cancel the regular City Council meeting on June 24, 2014 to continue the summer recess. Vice-Mayor Long seconded the motion and it carried unanimously. This action provided the Council with a summer recess from June 11, 2014 to July 8, 2014. City Manager Ryan highlighted the following informational items on his report: Hopkins Avenue Complete Streets Feasibility Study North American Surveillance System Ribbon Cutting February 27, 2014 Brevard County Mosquito Control Aerial Spraying Indian River Lagoon Scenic Byway Northern Extension Update Riverside Drive Repaving Survey Letter Oyster Gardening Workshop Update on Billboard Project 2014 Student Awards Ceremony, May 5, 2014 Update on the Proposal to Install Bus Shelters 2014 Florida Legislative Session The following items on the City Manager s report were provided for informational purposes only: Budget to Actual Report Fixed Asset Disposal Update on Brevard County School Board Conflict Resolution Riverfront Park Update
East Central Rail Trail Update Space Coast Economic Development Commission Winter Luncheon North America Surveillance Systems Ribbon Cutting 9:30 am on Thursday, February 27, 2014 SEDC Winter Luncheon La Cita Country Club 11:45 a.m. 2:00 p.m. on Thursday, February 27, 2014 2014 Student Awards Ceremony Titusville High School Performing Arts Center 6:00 p.m. on Monday, May 5, 2014 City Manager Ryan provided information on three items that were not on his report, as followed: 1. The Greater Titusville Renaissance was scheduled to give a formal presentation on their accomplishments at the regular city Council meeting on March 25, 2014 at 5:30 p.m. 2. The Brevard County School Board was holding a meeting during the coming week on budget recovery and reduction with the citizens. 3. A ribbon cutting was scheduled for the new Barbara Pill Law Enforcement Facility on March 6, 2014 at 11:15 a.m. CITY ATTORNEY S REPORT None. Member Burson distributed information to Council provided by George Taylor on the National Veteran Homeless Support Organization. The meeting adjourned at 9:20 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk