City Council Regular Meeting August 22, 2017

City Council Regular Meeting August 22, 2017 The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, August 22, 2017. Due to the regular City Council meeting at 5:30 p.m. ran late, Mayor Walt Johnson called the meeting to order at 7:08 p.m. Present were Mayor Johnson, Vice-Mayor Matthew Barringer, and Members Daniel Diesel, Jo Lynn Nelson, and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Pastor Christopher Garrison of Faith Baptist Church gave the invocation. Mayor Johnson led those present in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES: Member Nelson moved to approve the minutes of the regular City Council meetings on July 25, 2017 (5:30 p.m.) and July 25, 2017 (6:30 p.m.), as submitted. Vice-Mayor Barringer seconded the motion and it carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS None. BOARDS AND COMMISSIONS: North Brevard Commission on Parks and Recreation The request was to appoint two members to the North Brevard Commission on Parks and Recreation for two-year terms expiring on August 31, 2019. The terms of Regular Members Bianca Alaimo and Nitin (Sunny) Aggarwal were due to expire on August 31, 2017. Members Bianca Alaimo and Nitin (Sunny) Aggarwal had expressed their willingness and desire to continue serving on this board. There were no other applications on file for Council s consideration. Page 1 of 14

Member Nelson moved to reappoint Regular Members Bianca Alaimo and Nitin (Sunny) Aggarwal to the North Brevard Commission on Parks and Recreation for two-year terms expiring on August 31, 2019. Member Diesel seconded the motion. Vice-Mayor Barringer advised that he and Nitin (Sunny) Aggarwal had previous business dealings with one another. Vice-Mayor Barringer abstained from voting to offset any questions or negative perception by the public. The motion carried unanimously, but without a vote from Vice-Mayor Barringer, who abstained from voting. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) Rose Smith expressed concern of the automobiles speeding in her neighborhood (Hickory Hills Subdivision). Mayor Johnson asked her to speak with Police Chief Lau. CONSENT AGENDA: City Manager Larese advised that Item 8 D would be heard separately due to an error in the recommended permit fee. Council also requested hearing Consent Agenda Item Nos. 8 B and 8 G separately, following the remainder of the other Consent Agenda items. Member Nelson moved to approve Consent Agenda Items A, C, E, and F, as recommended, and upon reading by the City Manager. Vice-Mayor Barringer seconded the motion. City Manager Larese read Consent Agenda Items A, C, E, and F, as followed: A. Street Sweepers Lease Purchase Agreement - Approve the award of a lease purchase agreement to Leasing 2, Inc. for two (2) street sweepers during a 4-year term for an annual cost of $113,326.81 based on pricing established by the Florida Sheriff's Association bid award to Environmental Products of Florida; approve agreement with Environmental Products of Florida to repurchase both sweepers at the end of the 4-year term in the amount of $174,586; approve agreement with Environmental Products of Florida to maintain both sweepers during a four (4) year term at a price of $24,000 annually; and authorize the Mayor to execute all three agreements. This action is contingent on the approval of the FY18 budget. C. 2017-2018 Local JAG Grant Approval to Submit Application - Approve submission of application and receipt of funds in the amount of $24,240. Page 2 of 14

E. Contract Award for Real Estate Services with Kiser Realty - Approve the award of contract to Kiser Realty, for real estate services associated with the sale of 1010 Queen Street located in Inspiration Village; and authorize the City Manager to execute said contract and any other instruments necessary to engage Kiser Realty for these services. F. Police Department Bullet Proof Vest Grant Transfer Request - Approve police department bullet proof vest grant fund transfer request. Additionally, approve associated budget amendment. The motion carried unanimously. Consent Agenda Item 8 B B. Award of Contract to North Brevard Charities Sharing Center, Inc. for Provision of Social Services at Harry T. Moore Social Service Center - City Manager Larese read the request as provided in the Council agenda packet. The request to approve the award of contract to North Brevard Charities Sharing Center, Inc. for provision of social service programs at the Harry T. Moore Social Service Center, and authorize the Mayor to execute said contract. Vice-Mayor Barringer commented on the importance of the agenda item; building and providing access to important services to the community; future opportunities, etc. Vice-Mayor Barringer moved to approve the award of contract to North Brevard Charities Sharing Center, Inc. for provision of social service programs at the Harry T. Moore Social Service Center, and authorize the Mayor to execute said contract, as recommended. Member Nelson seconded the motion and the roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously Consent Agenda Item 8 D D. Resolution No. 12-2017 - Fee for Backyard Chicken Permit City Manager Larese read the request as provided in the Council agenda packet. The request was to read the request Page 3 of 14

to adopt Resolution No. 12-2017 adopting the schedule of fees related to backyard chicken permits; and providing for an effective date. Staff advised that there was an error in the permit fee. It should be $10 versus $25. Member Nelson moved to approve Resolution No. 12-2017, as modified by staff, by changing the permit fee to $10. Member Stoeckel seconded the motion and the roll call was: Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel The motion carried unanimously Consent Agenda Item 8 G G. Interlocal Agreement with Brevard County for Contractor Licensing Regulation and Enforcement - City Manager Larese read the request as provided in the Council agenda packet. The request was to approve the Interlocal Agreement with Brevard County for Contractor Licensing Regulation and Enforcement. Member Nelson and Community Development Director Peggy Busacca discussed the procedures associated with the proposed interlocal agreement with the County. The City did not currently provide licensing services or enforcement. Instead, these matters would be handled by the County and would protect citizens from persons working without a license. It was noted that the County would not act in a punitive manner with unlicensed individuals, but instead would encourage and provide information on becoming licensed. Member Nelson moved to approve the Interlocal Agreement with Brevard County for Contractor Licensing Regulation and Enforcement, as recommended. Vice-Mayor Barringer seconded the motion and it carried unanimously. ORDINANCES SECOND READING, PUBLIC HEARING AND RELATED ACTION: Resolution No. 11-2017 to Transition Stormwater Charges to the Non-Ad Valorem Tax Rolls and certifying the rate and annual stormwater utility assessment roll City Manager Larese highlighted the item as provided in the Council agenda packet. The request was to approve Resolution No. 11-2017 confirming and certifying the rate and annual stormwater utility Page 4 of 14

assessment rolls for the municipal fiscal year beginning October 1, 2017 and forwarding the same to the Tax Collector's Office for collection, utilizing the uniform method of collecting nonad valorem special assessments levied within the incorporated area of the City, as authorized under section 197.3632, Florida Statues; adopting findings of fact; and providing for an effective date. (The public hearing was held at the regular City Council meeting on August 8, 2017. The approval of this resolution was tabled to this meeting.) Assistant City Attorney Chelsea Farrell and City Environmental Compliance Program Manager Sandra Reller gave a presentation on the Stormwater Non-Ad Valorem Transition that provided information on the following: Items that would go into effect upon the adoption of a related ordinance and proposed Resolution No. 11-2017 Tax lien process Current method combined with the utility bill New method Titusville tax bill Example 2016 Brevard County tax bill Other cities who collected stormwater assessments through the Brevard County Tax Collector Updated facts and questions (FAQs) would be located on the City s website Mayor Johnson advised that the proposed changes did not create a new tax, but instead changed the billing method in which the assessment fee was collected. More time was provided to citizens to pay their stormwater assessments through the new billing method. Mayor Johnson opened the public hearing. Karl Krupp distributed information. He advised that the City did not yet have a written agreement with the Property Appraiser s Office, who had already certified the tax roll for the coming year. He highlighted other concerns about persons becoming delinquent with the changeover in the billing method; other charges associated with the new billing method; additional interest charged to property owners; tax lien sales for delinquent property taxes; homestead exemptions; County enforcement on property foreclosures; fee comparisons with other cities in Brevard, etc. As there were no additional persons that wished to speak, Mayor Johnson closed the public hearing. Vice-Mayor Barringer, City Attorney Broome, and Assistant City Attorney Farrell discussed Vice-Mayor Barringer s concern for individuals that might not be able to pay the entirety of their tax bill all at once and who may fall behind in their monthly and annual bills. Page 5 of 14

Member Diesel moved to approve Resolution No. 11-2017 to Transition Stormwater Charges to the Non-Ad Valorem Tax Rolls and certifying the rate and annual stormwater utility assessment roll, as recommended. Member Nelson seconded the motion and the roll call was: Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson The motion carried unanimously Ordinance No. 20-2017 Amending the City s Billing and Collection Procedures for Stormwater Management Utility Fees City Attorney Broome read Ordinance No. 20-2017 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21, ARTICLE V STORMWATER MANAGEMENT UTILITY, TO TRANSITION THE COLLECTION OF AN ANNUAL STORMWATER UTILITY ASSESSMENT TO A NON AD VALOREM ASSESSMENT ON THE PROPERTY TAX ROLL; SPECIFICALLY BY AMENDING SECTION 21-266 DEFINITIONS, SECTION 21-272 SERVICE CHARGES, SECTION 21-273 SERVICE RATE CHARGES, SECTION 21-275 FEE COLLECTION, AND SECTION 21-276 EXEMPTIONS OR CREDITS APPLICABLE TO SERVICE CHARGES ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AND FOR AN EFFECTIVE DATE, for the second time by title only. City Manager Larese highlighted the item as provided in the Council agenda packet. He advised that on June 14, 2016, City Council approved an advisability to transition the billing of stormwater charges to non-ad valorem assesments. On August 23, 2016, City Council approved Resolution No. 19-2016, electing to use the uniform method of collecting non-ad valorem stormwater assessments levied within the incorporated area of the City, as authorized under Section 197.3632, Florida Statutes. On June 13, 2017, City Council approved interlocal agreements between the Brevard County Property Appraiser and the Brevard County Tax Collector for services related to the stormwater billing non-ad valorem assessment. In order to proceed with transferring the method of collection of the stormwater fee from the utility bills to the non-ad valorem tax assessments, an amendment to the Stormwater Management Utility Ordinance was required. Assistant City Attorney Farrell advised the Ordinance No. 20-2017 was related to Resolution No. 11-2017. Page 6 of 14

Mayor Johnson opened the public hearing. Karl Krupp was disappointed that citizens would have to interact with the Brevard County Tax Collector versus coming directly to the City to assist them with their questions on the stormwater assessment fee. As there were no additional persons that wished to speak, Mayor Johnson closed the public hearing. Member Nelson moved to approve Ordinance No. 20-2017 Amending the City s Billing and Collection Procedures for Stormwater Management Utility Fees, as recommended. Member Diesel seconded the motion and the roll call was: Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson Mayor Johnson The motion carried unanimously City Attorney Broome read the quasi-judicial rules of procedure. Rezoning No. 2-2017 City Attorney Broome read Ordinance No. 22-2017 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, 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 REPLACING THE PRESENT LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1) ZONING TO NEIGHBORHOOD COMMERCIAL (NC) ZONING FOR PROPERTY LOCATED AT 1116 SOUTH STREET; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only. City Manager Larese and highlighted the item as provided in the Council agenda packet. The request was to conduct the public hearing for Rezoning No. 2-2017 and associated Ordinance No. 22-2017 to amend from the Light Industrial Services and Warehousing (M-1) zoning district to the Neighborhood Commercial (NC) zoning district for property located at 1116 South Street. The Planning and Zoning Commission had recommended approval, 4-0. Additionally, Community Development Director Peggy Busacca highlighted the staff report concerning the subject property. Mayor Johnson opened the public hearing. As there were no persons that wished to speak, Mayor Johnson closed the public hearing. Page 7 of 14

Member Nelson moved to approve Rezoning Application No. 2-2017 and Ordinance No. 22-2017, as recommended. Member Diesel seconded the motion and the roll call was: Member Stoeckel Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer The motion carried unanimously Small Scale Amendment Application No. 1-2017 City Attorney Broome read the following ordinances for the second time by title only. Ordinance No. 23-2017 - 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 CHANGING THE LAND USE DESIGNATION OF THREE PARCELS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY 1, ADJACENT TO RIVEREDGE DRIVE, HAVING PARCEL I.D. NUMBERS 22-35-26-BF-*-28, 22-35-26-BF-*-29.03, AND 22-35-26-BF-*- 29.02 FROM THE COMMERCIAL HIGH INTENSITY AND CONSERVATION FUTURE LAND USE DESIGNATIONS TO THE MEDIUM DENSITY RESIDENTIAL DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE; and Ordinance No. 24-2017 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, 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 REPLACING THE PRESENT COMMUNITY COMMERCIAL (CC) AND OPEN SPACE AND RECREATION (OR) ZONING WITH SINGLE FAMILY MEDIUM DENSITY (R-1B) ZONING ON THREE PARCELS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY 1, ADJACENT TO RIVEREDGE DRIVE, HAVING PARCEL I.D. NUMBERS 22-35-26-BF-*- 28, 22-35-26-BF-*-29.03, AND 22-35-26-BF-*-29.02; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Larese highlighted the item as provided in the Council agenda packet. The request was to conduct public hearing of Small Scale Amendment No. 1-2017 and associated Future Land Use Map amendment Ordinance and rezoning Ordinance. The Planning and Zoning Commission had recommended approval, 4-0. Staff distributed a revised map of the land use and zoning change and advised that the property east of Riveredge Drive had been removed from the request. Community Development Director Peggy Busacca advised that the request had changed since the initial application and ordinances were advertised, but which did not affect the ordinance titles or advertising. The subject property Page 8 of 14

or parcel(s) consisted of 1.17 acres. The ordinances and related map clearly reflected that the conservation future land use area and the Open Space and Recreation (OR) zoned area to the east were not part of the request. The area shown in red line on the map was the subject of the proposed changes. The intent was to have single-family lots on the subject sites. Community Development Director Busacca continued and highlighted the Staff Report concerning the subject site. Mayor Johnson opened the public hearing on the proposed application and ordinances. Rodney Honeycutt, on behalf of Small Scale Amendment Application No. 1-2017, reviewed the request. He was available to answer any questions. Henry Maas of Riverview Townhomes, which was across the street of the development, advised that he attended the meeting to receive clarification on the portion of the subject property that was designated conservation. He had no other statements or questions for the Council. Laura Ward confirmed with Community Development Director Busacca that the subject property was outside the boundary of the Riveredge Drive Small Area Plan and that the proposed small scale amendment happened to be consistent with this particular small area plan. For this reason, Ms. Ward asked Council to approve Small Scale Amendment Application No. 1-2017, as recommended. As there were no additional persons that wished to speak, Mayor Johnson closed the public hearing. Member Nelson moved to approve Small Scale Amendment Application No. 1-2017 and Ordinance No. 23-2017, as recommended. Member Diesel seconded the motion and the roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously. Member Nelson moved to approve Ordinance No. 24-2017, as recommended. Member Stoeckel seconded the motion and the roll call was: Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel Page 9 of 14

The motion carried unanimously ORDINANCES-FIRST READING: Rezoning (REZ) No. 1-2017 from the Multifamily Medium Density Residential (R-2) Zoning District to the Single Family High Density (R-1C) Zoning District for Property Located at the Northwest Corner of I-95 and Garden Street City Attorney Broome read Ordinance No. 25-2017 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, 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 REPLACING THE PRESENT MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (R-2) ZONING WITH SINGLE FAMILY HIGH DENSITY (R-1C) ZONING FOR A PORTION OF PROPERTY LOCATED AT THE NORTHWEST CORER OF GARDEN STREET AND INTERSTATE 95 HAVING PROPERTY ID NO. 21-35-31-00-751, PROPERTY HAVING A PARCEL ID NO. 21-35-31-00-754, AND PROPERTIES LOCATED AT 3600, 4002, 4008, 4014 GARDEN STREET; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only. City Manager Larese highlighted the request as provided in the Council agenda packet. Community Development Director Peggy Busacca highlighted the staff report concerning the staff s analysis of the request and the subject property. Rodney Honeycutt submitted a public speaking card. He was available to answer any questions. There were no additional persons that wished to speak. The public hearing on Ordinance No. 25-2017 was scheduled for the regular City Council meeting on September 12, 2017. OLD BUSINESS None. NEW BUSINESS: Advisability Relating to Shipping Containers Utilized as Accessory Structures - City Manager Larese highlighted the item as provided in the Council agenda packet. The request was to provide direction to staff regarding utilizing shipping containers as accessory structures. The City's Land Development Regulations (LDR) did not specify the type of structures that could be used as accessory structures. Within the last several years, the use of shipping containers as accessory structures utilized for storage had increased. There were several issues to be considered related to accessory structures. Some of these were, as followed: Page 10 of 14

The building code required structures over 120 square feet to obtain a building permit. If shipping containers (which could be as large as 9 feet by 40 feet) were properly anchored, a property owner could obtain a permit to place one in both residential and commercial areas. If an accessory structure was greater than 20% of the square footage of the principle structure, architecture requirements were applicable. City Manager Larese advised there were currently approximately eight shipping containers located around the City. A photo of one was provided in the Council agenda packet. Upon Council s request, Community Development Director Busacca offered more information to assist Council with their decision, including: Containers could be viewed as a temporary storage. If this was the case, they must be removed after 30 days and if this was not completed, containers must be anchored to the ground and would be considered accessory structures. Containers were accessory structures, which had their own Code requirements, which were highlighted during the meeting. Varying size of containers. Council discussion ensued on neighbors concerns and regulating these matters; aesthetics; anchoring for safety; whether individuals lived in these types of containers; Code Enforcement was doing more research on living dwelling scenarios; Code requirements for sheds; current Code prescribed the containers needed to be behind the building s front line of a residence for 30 days; lengths of shipping containers; building codes; asking staff to report back with building ratios and more information. Tom Fernstrom submitted a public speaking card and information to City Clerk Wells. He advised there was a shipping container in his neighborhood, which he advised was properly cited. He advised this particular shipping container was erroneously permitted under another section being LDR Section 28-391, which he felt was too generic and might allow for any type of shed or container. Mr. Fernstrom also felt that LDR Section 28-373 was more specific about shipping containers and allowed temporary storage or shipping containers up to eight feet wide and 24-feet in length. In contrast, the shipping container in his neighborhood was nine feet wide by 40-feet in length. Mr. Fernstrom believed that when there was a conflict amongst Code requirements, the most restrictive Code should prevail. Council supported the advisability regarding utilizing shipping containers as accessory structures. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) None. Page 11 of 14

MAYOR AND COUNCIL REPORTS Mayor's Report - Mayor Johnson submitted his written report. Vice-Mayor Barringer advised that there was a Brevard County School Presentation at the last Space Coast League of Cities meeting and the presenter (Matt Reid) extended a willingness to attend a future City Council meeting and provide a presentation on what was going on in the City. There was no objection from Council. Member Diesel advised that he attended the last meeting of the North Brevard Commission on Parks and Recreation, who were preparing for park renovations. He felt the County s Parks and Recreation Office did a great job and recreational activities were important to the community. Member Diesel also advised that he desired investing the most funding in recreational activities that drew the most people, in comparison to any activities that drew the least people. Additionally, Member Diesel desired obtaining surveys on the amount of use for various activities at parks; however, City Manager Larese advised the Parks and Recreation Office did not have surveys or estimates of uses of various activities at parks, but it did wish to capture this data in the future. CITY MANAGER S REPORT City Manager's Report - City Manager Larese submitted his written report. There were no items requiring action on his report; however, discussion ensued on the following item. Other Post Employment Benefits (OPEB) Impact Study City Manager Larese provided an update and new information on the Other Post-Employment Benefits (OPEB) Impact Study. He highlighted that an actuarial report, which was in the Council agenda packet, provided the estimated changes in the City s overall OPEB financial liability. This study was conducted by the City s actuarial firm Foster & Foster, at the direction of the OPEB Trust Board, in order to estimate the financial impacts of recent changes/potential changes to retiree healthcare benefit levels. Council and staff discussion ensued on the following: $11 million in potential future liability costs Actuary analysis procedures and planning for future costs Paying insurance premiums for retirees that are eligible for Medicare and who were fully insured Saving money when retirees primary health coverage was Medicare, which was achieved through reduced costs afforded by Medicare supplemental plans Page 12 of 14

Flat rate insurance premiums through Cigna supplemental plans Medicare Advantage plans provided by Aetna. A quote for this coverage was anticipated in October 2017. A tentative lump sum of debt costs in 2025 that was related to OPEB benefits Not having the ability to foresee the amount of revenue the City would receive for many future years Payment schedule scenarios Actuarial budget recommendations and statute limitations on the millage rate Comparing the City s OPEB benefits to other cities in Brevard and Brevard County Strategies to reduce the City s costs and level the costs over many years, which also involved union negotiations. One possible method was to not provide OPEB benefits to future or newly hired employees. Idea to hold a special City Council meeting and workshop to discuss only these issues, which would include the actuaries from Foster & Foster The idea of a promise was controversial $11 million of possible debt necessitated holding a workshop As a result of the discussion, Council requested the actuary attend a future City Council meeting to provide a presentation. The remaining items on the City Manager s Report were provided for informational purposes, as followed: Bus shelter update Statistical poverty and budget workshop on August 24, 2017 at 6:30 p.m., at City Hall First public hearing on the FY 2018 Budget on September 6, 2017 at 5:30 p.m., at City Hall Second and final public hearing on the FY 2018 Budget on September 14, 2017 at 5:30 p.m., at City Hall Boards and Commissions Recognition Ceremony on October 16, 2017 at 6:00 p.m., at the River s Edge Event Center CITY ATTORNEY S REPORT No action. Page 13 of 14

With no further business to discuss, the meeting adjourned at 8:59 p.m. ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Page 14 of 14