City Council Regular Meeting October 14, 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, October 14, 2014. Mayor Jim Tulley called the meeting to order at 6:45 p.m. Present were Mayor Jim Tulley and Members Kathleen Burson, Walt Johnson, and Rita Pritchett. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Vice-Mayor Martha Long was absent. Pastor Tom Porter of Temple Baptist Church was present to give the invocation. Mayor Tulley led those present in the Pledge of Allegiance to the Flag. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Member Pritchett moved to approve the minutes of the regular City Council meeting on September 9, 2014, and the special City Council meeting on September 17, 2014, as submitted. Member Johnson seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS - None BOARDS AND COMMISSIONS Titusville Housing Authority s Semi-Annual Report Mayor Tulley advised that the Titusville Housing Authority s Semi-Annual Report was a written report. [1]
Member Pritchett moved to accept the Titusville Housing Authority s Semi-Annual Report, as written. Member Johnson seconded the motion. The motion carried unanimously. Member Burson advised that there were a couple of scrivener s errors in the minutes that were submitted for approval. Mayor Tulley requested that Member Burson provide the scrivener s errors to staff following the meeting, as there were no changes to the content. North Brevard Commission on Parks and Recreation s Semi-Annual Report Mayor Tulley advised that the North Brevard Commission on Parks and Recreation s Semi- Annual Report was a written report. Member Johnson moved to approve the North Brevard Commission on Parks and Recreation s Semi-Annual Report, as written. Member Pritchett seconded the motion. The motion carried unanimously. City Appointment to the Titusville/Farmton (TIFA) Water Resources Management Committee City Manager Larese advised that in June of 2011, Mr. Dwight W. Severs was appointed the City's primary member of the Management Committee. Since that time, there had been no alternate member designated to serve as his back up. Staff recommended appointing Assistant City Manager Tom Abbate as the City's alternate member to the TIFA Management Committee in accordance with Article 6 of the TIFA operating agreement. Member Pritchett moved to appoint Mr. Tom Abbate, Assistant City Manager, as the City's alternate member to the TIFA Management Committee in accordance with Article 6 of the TIFA operating agreement, as recommended. Member Johnson seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston stated he was proposing the issue of FEMA Gate. He advised that his concern was regarding how the City of Titusville could construct dams in an area that was downstream of an area that had 50 plus homes in the shaded area of the 150-year [2]
flood plain. He provided a powerpoint presentation that included a FEMA map that showed the Bakers Subdivision, photos of flooding on Carol Avenue, and the control structure for the dams. CONSENT AGENDA Member Johnson moved to approve Consent Agenda Items A through F in accordance with recommendations upon reading. Member Pritchett seconded the motion. Consent Agenda was read as followed by City Manager Larese. A. Memorandum of Understanding between the City of Titusville Neighborhood Services and Brevard County Housing and Human Services - Approve Memorandum of Understanding (MOU) between City of Titusville Neighborhood Services and Brevard County Housing and Human Services on the use of HOME Community Housing Development Organization (CHDO) reserve funds, and authorize the Mayor to execute such agreement. B. Ratification and approval of Collective Bargaining Agreement between the City of Titusville and International Association of Firefighters, Local 2445 (IAFF) - Approve ratification of IAFF Collective Bargaining Agreement effective October 1, 2013 - September 30, 2016; the issues of Wages, Safety and Health and Promotions. C. Ratification and approval of Collective Bargaining Agreement between the City of Titusville and Florida State Lodge Fraternal Order of Police, Inc. (FOP, Lieutenants Bargaining Unit) - Approve ratification of FOP Collective Bargaining Agreement effective October 1, 2013 - September 30, 2016; the issue of wages. D. Ratification and approval of the Collective Bargaining Agreement between the City of Titusville and the Laborer's International Union of North America (LIUNA) - Recommend approval of the LIUNA Collective Bargaining Agreement effective October 1, 2013 - September 30, 2016; the issue of wages in Article 19 and pursuant to Article 17.9 proposed changes to the work schedules by referring to them in terms of their common names. E. Acceptance of Award - 2014-2015 Victim of Crime Act (VOCA) Grant - Accept award in the amount of $51,998.00 to fund the FY 14-15 Victim/Family Advocate position and approve the budget amendment upon receipt of funds. F. Ratification and approval of Collective Bargaining Agreement between the City of Titusville and the Florida State Lodge Fraternal Order of Police, Inc. (FOP) - Approve FOP Collective Bargaining Agreement effective October 1, 2013 - September 30, 2016; the issue of Wages. [3]
The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Ordinance No. 49-2014 Amending Process for Vacating of Rights-of-Way City Attorney Broome read ORDINANCE NO. 4-2014, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING SECTION 17-33 OF THE CODE OF ORDINANCES VACATING AND ABANDONING STREETS AND ALLEYS BY AMENDING THE PROCESS FOR VACATION OF RIGHTS-OF-WAY BY INCLUDING FACTORS TO BE CONSIDERED AND BY INCLUDING ADDITIONAL NOTICE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Attorney Broome highlighted the revisions that were made to Ordinance No. 49-2014 as recommended by Council at the regular City Council meeting on September 23, 2014. Member Pritchett advised that she would like Item No. 5 deleted from Ordinance No. 49-2014. Member Burson advised that Vice-Mayor Long initiated this item and since she was absent from the meeting, Member Burson requested this item be tabled until the next meeting. Member Burson moved to table Ordinance No. 49-2014 Amending Process for Vacating of Rights-of-Way to the regular City Council meeting on October 28, 2014 at 6:30 p.m. Member Pritchett seconded the motion. The motion carried unanimously. Ordinance No. 50-2014 Creating a Heavy Industrial Conditional Use Permit in the Industrial (M-2) Zoning District City Attorney Broome read ORDINANCE NO. 50-2014, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 59 ZONING, ARTICLE V INDUSTRIAL DISTRICTS, DIVISION 3 INDUSTRIAL (M-2), SPECIFICALLY AMENDING SECTION 59-504 CONDITIONAL USES TO INCLUDE MULCHING/COMPOSTING FACILITIES; COMMUNICATION TOWERS; AND TO ADD CONDITIONAL USES FOR HEAVY INDUSTRIAL USES, AMENDING SECTION 59-505 PROHIBITED USES ; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; [4]
EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, the first time by title only. City Manager Larese advised that as economic development efforts resulted in additional opportunities for industrial development within the City, staff foresaw that expanding the number and type of Conditional Use Permits within the Industrial (M-2) zoning district should be considered. Staff recommended conducting the first reading and first public hearing of Ordinance No. 50-2014 Creating a Heavy Industrial Conditional Use Permit in the Industrial (M-2) Zoning District This was the first reading and first public hearing. The second and final public hearing was scheduled for the regular City Council meeting on Tuesday, October 28, 2014 at 6:30 p.m. Member Burson asked how Ordinance No. 50-2014 was initiated. Planning and Growth Management Director Peggy Busacca advised that staff initiated Ordinance No. 50-2014. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. Mayor Tulley requested that staff formulate a plan to ensure that the manufacturing did not get too intense in areas that it would be inappropriate. Planning and Growth Management Director Busacca advised that staff would formulate a plan as requested by Mayor Tulley. There was no objection from Council. Semi-Public Body Zoning Code Amendment City Attorney Broome read ORDINANCE NO. 51-2014, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CITY S LAND DEVELOPMENT REGULATIONS, SPECIFICALLY AMENDING CHAPTER 27, ARTICLE II DEFINITIONS BY DELETING SEMI-PUBLIC BODY AND ADDING ANIMAL SHELTER, COMMUNITY SERVICE AND VETERINARIAN; AMENDING CHAPTER 59, ARTICLE III RESIDENTIAL DISTRICTS SECTIONS 59-44, 59-64, 59-84, 59-104, 59-124, 59-144, 59-164, 59-184, 59-204, ARTICLE IV COMMERCIAL DISTRICTS SECTIONS 59-284, 59-304, 59-324, 59-344, 59-364, 59-384, AND ARTICLE VI SPECIAL DISTRICTS SECTIONS 59-624, 59-664 AND 59-704 CONDITIONAL USES TO DELETE SEMI-PUBLIC BODY; AMENDING ARTICLE IV COMMERCIAL DISTRICTS SECTIONS 59-324, 59-344, 59-362, 59- [5]
384, ARTICLE V INDUSTRIAL DISTRICTS SECTIONS 59-484, 59-502, 59-522 AND ARTICLE VI SPECIAL DISTRICTS SECTION 59-622 PERMITTED PRINCIPAL USES AND CONDITIONAL USES TO ADD ANIMAL SHELTERS; ARTICLE III RESIDENTIAL DISTRICTS SECTIONS 59-44, 59-64, 59-84, 59-104, 59-124, 59-144, 59-164, 59-184, 59-204, ARTICLE IV COMMERCIAL DISTRICTS SECTIONS 59-282, 59-302, 59-322, 59-342, 59-362, 59-384, ARTICLE VI SPECIAL DISTRICTS SECTIONS 59-622, 59-664 AND 59-704 PERMITTED PRINCIPAL USES AND CONDITIONAL USES TO ADD COMMUNITY SERVICE; AMENDING ARTICLE III RESIDENTIAL DISTRICTS SECTION 59-144(h) BY DELETING PUBLIC USES AND GOVERNMENT USES; AMENDING ARTICLE V INDUSTRIAL DISTRICTS SECTION 59-482(h) BY DELETING VETERINARY OFFICES AND PET GROOMING AND BOARDING ESTABLISHMENTS AND ADDING VETERINARIAN ANIMAL CARE FACILITY; AMENDING ARTICLE VI SPECIAL DISTRICTS SECTION 59-622(f) BY DELETING VETERINARY OFFICES KENNELS, PET BOARDING AND GROOMING AND ADDING VETERINARIAN ANIMAL CARE FACILITIES, ANIMAL SHELTER; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO CODE, AND AN EFFECTIVE DATE, the first time by title only. City Manager Larese advised that the basis of comprehensive planning and land use decisions was the use of the property, not the ownership of the business. Currently, the definition of Semi-Public Body required nonprofit organizations engaged in the same activity as a for-profit organization to be treated differently under the code and obtain a conditional use permit, which were permitted in most zoning classifications. The City Council approved an advisability to review the Code and make recommendations to address uses, rather than ownership. The recommended action was to conduct the first reading and first public hearing for Ordinance No. 51-2014. Member Burson asked how Ordinance No. 51-2014 was initiated. Planning and Growth Management Director Busacca advised staff initiated Ordinance No. 51-2014. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. The second and final public hearing is scheduled for the regular City Council meeting on Tuesday, October 28, 2014 at 6:30 p.m. Conditional Use Permit No. 6-2014 Mayor Tulley read the quasi-judicial rules of procedure. [6]
Mayor Tulley advised that he drove by the site daily. Member Burson advised that she spoke to Mr. Holloway the applicant regarding his anticipation that Conditional Use Permit No. 6-2014 would be passed, but no further details were discussed. City Manager Larese advised that the applicant Lee Fitzwater on behalf of the owner, Holloway Ventures, of property located at 5 North Palm Avenue requested a CUP to reestablish a carwash in an existing building in the downtown. Based on the criteria established in Section 47-119 of the Code, staff recommended approval of CUP request No. 6-2014 with condition. Mayor Tulley advised that Council approved the changing of the zoning of the subdistrict to allow the conditional use at a previous meeting. The Planning and Zoning Commission unanimously recommended approval 5-0. Mayor Tulley opened the public hearing. Lee Fitzwater stated he was available for questions and thanked staff for their assistance with the Conditional Use Permit. Rose Easley advised that she signed up for the wrong item. Mayor Tulley closed the public hearing. Member Burson moved to approve Conditional Use Permit (CUP) No. 6-2014, as recommended with condition; all screening/buffering and parking shall conform to the approved landscape and striping plan. Member Johnson seconded the motion. The motion carried unanimously. ORDINANCES-FIRST READING - None OLD BUSINESS - None NEW BUSINESS - None [7]
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston provided a handout to Council of Table 5 Post Development Model Results Summary Senior Center Nature Trail and Drainage Improvements, City of Titusville, Florida. He asked how the City could review and approve a design that raised a 100-foot flood plain and stated that he felt it was done illegally. He also commented on the City not reporting information to FEMA regarding changing the FIRM map. Matt Barringer commented on potential school closures and that Council might want to have discussion on that issue. MAYOR AND COUNCIL REPORTS Mayor s Report Mayor Tulley provided a written report and highlighted as followed: Economic Development Commission of Florida Space Coast Meeting Mayor Tulley advised that he was unable to attend the Economic Development Commission of Florida Space Coast Meeting. Space Coast League of Cities Meeting Mayor Tulley stated that he attended the Space Coast League of Cities meeting on October 13, 2014. At that meeting, the League of Cities approved their Legislative Issues as 1) The Indian River Lagoon, 2) The Communication Service Tax, and 3) Commercial space. The guest speaker at the meeting was the Master Planner from Kennedy Space Center. Space Coast Transportation Planning Organization Meeting Mayor Tulley advised that he and Vice-Mayor Long attended the Space Coast Transportation Planning Organization meeting on October 9, 2014. Discussion at the meeting included funding for the Trail through the Downtown was approved for one million dollars. North Brevard County Hospital District Board Meeting Member Burson stated that she had not received the minutes from the North Brevard County Hospital District Board meeting at that time. [8]
North Brevard Commission on Parks and Recreation Meeting Member Johnson advised that he attended the North Brevard Commission on Parks and Recreation Meeting and that there were two items discussed that touched on City business. 1) Information regarding a pre-fab restroom being shipped for one of the City parks. Member Johnson advised that he would forward any information he received regarding pre-fab restrooms to City Manager Larese. 2) Issue regarding water retention on Isaac Campbell Park. Member Johnson advised that the issue was already discussed with City Manager Larese and City Manager Larese would research the issue. Mayor Tulley advised that he and Vice-Mayor Long were scheduled to attend the Florida League of Cities Legislative Committee s meeting on Friday, October 10, 2014, but he was unable to attend. He advised that each committee recommended two items as their Legislative Priorities. He stated that the committees would meet again on November 10, 2014. Mayor Tulley advised that he would be unable to attend the North Brevard Commission on Parks and Recreation meeting scheduled for November 10, 2014 and asked that Member Burson attend in his place. Member Burson advised that she would attend the North Brevard Commission on Parks and Recreation meeting on November 10, 2014. CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted as followed: Action Item FY 2015 Legislative Priorities Included in the agenda package was a draft of the City Council s Legislative Priorities for the FY 2015 Legislative Session. City Manager Larese advised that he spoke with Vice-Mayor Long prior to the meeting and she provided modifications based on information provided at the Florida League of Cities Legislative Committee s meeting, to the verbiage of the Legislative Priority item Restoration of the Indian River Lagoon. [9]
Also included in the agenda package was the Space Coast Transportation Planning Organization s (TPO) 2015 Draft Legislative Agenda for Council s consideration if Council chose to modify the City s draft document to include any of the items discussed in the TPO s draft document. Upon Council approval, the document would be transmitted to the Florida League of Cities (FLC) for use in their upcoming annual Legislative Conference on November 13-14, 2014. At that conference, the FLC would set the League s legislative agenda and priorities for the session, which would commence in March of 2015. Council s approval of its 2015 Legislative Priorities was requested. Member Pritchett moved to tentatively approve the City Council s Legislative Priorities for FY 2015 Legislative Session based on final reading of the recommended changes provided by Vice-Mayor Long. Member Burson seconded the motion. Assistant City Manager Abbate highlighted the recommended changes provided by Vice- Mayor Long, which were to focus on direct funding for the various initiatives rather than having the money sent to various agencies and to set up some sort of mechanism similar to a state revolving fund where very low interest loans could be accessed. Member Johnson moved to approve the seven (7) issues included in the 2015 Legislative Priorities incorporating Vice-Mayor Long s recommendations as stated by Assistant City Manager Abbate. There was currently still a motion on the floor by Member Pritchett. Member Pritchett withdrew her motion. Member Pritchett seconded the motion. The motion carried unanimously. Member Burson stated that she attended the North Brevard County Economic Development Zone (NBEDZ) meeting and that she received a copy of the NBEDZ financial incentives. She advised that she would have staff forward the handout to Council. CITY ATTORNEY S REPORT Summary of Florida municipal ordinances regulating tree trimming and pruning City Attorney Broome advised that this item was written in response to City Council s [10]
directive of July 8, 2014, wherein Council asked that the City Manager and City Attorney research whether other municipalities in Florida had approved ordinances regulating the pruning of palm trees and whether that type of regulation could be imposed against private property owners within the city. Based on that directive, Assistant City Attorney Chelsea Farrell prepared a report and highlighted as followed: Tree Abuse Ordinances in Other Municipalities City of Titusville Regulations Ability to Impose Tree Abuse Regulations Discussion ensued including regulating tree abuse, tree trimming certification, regulations, etc. Staff would incorporate tree abuse into the future Florida-friendly landscaping ordinance based on the discussion by City Council. Mayor Tulley stated that he was unable to attend the Quarterly Mayor s meeting on October 11, 2014, but was advised that it had been well attended. Mayor Tulley advised that the City of Titusville would host the Space Coast League of Cities dinner in November of 2015 at the Valiant Air Command Museum and the guest speaker would be retired General Lieutenant Bill Welser, President of the Space Coast Honor Flight. Member Burson advised that the Rocket Man Triathlon was a success, a great venue, and enjoyed by all. Member Johnson advised that the event was very successful and that there were approximately 800 runners in the event with 30 countries represented. He stated that the event possibly would be changed to take place in the spring for future events. With no further business, the meeting adjourned at 8:10 p.m. James H. Tulley, Jr., Mayor [11]
ATTEST: Wanda F. Wells, City Clerk [12]