City Council Regular Meeting July 11, 2017 The City Council of the City of Titusville met in regular session in the Multi-Purpose Room at Fire Headquarters, 550 South Washington Avenue, on Tuesday, July 11, 2017. Mayor Walt Johnson called the meeting to order at 6:30 p.m. Present were Mayor Walt Johnson, Vice-Mayor Matthew Barringer and Members Dan Diesel, and Jo Lynn Nelson. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Debbie Denman completed the minutes. Member Sarah Stoeckel was absent. Reverend AJ Davis of St. James AME Church gave the invocation. Mayor Johnson then led those present in the Pledge of Allegiance to the Flag. MINUTES Member Nelson moved to approve the minutes of the regular City Council meetings of May 23, 2017 (6:30 p.m.) and June 13, 2017, as submitted. Member Diesel seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS - None BOARDS AND COMMISSIONS Historic Preservation Board The request was to appoint one alternate member to the Historic Preservation Board for a term to expire on October 31, 2018. There was one application on file for consideration. Mr. Dennis Jonas expressed his willingness and desire to serve on this board. His application was included in the agenda package. Page 1 of 11
Member Nelson moved to appoint Dennis Jonas to the Historic Preservation Board for an unexpired term to expire on October 31, 2018, as recommended. Vice-Mayor Barringer seconded the motion. The motion carried unanimously. 2017/2018 Student Advisory Council Membership Appointment The request was to appoint Diamond Washington as the 11 th grade representative of Titusville High School to the 2017/2018 Student Advisory Council. Member Diesel moved to appoint Diamond Washington as the 11th grade representative of Titusville High School to the 2017/2018 Student Advisory Council, as recommended. Member Nelson seconded the motion. The motion carried unanimously. City Clerk Wells read the procedures for public comment. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Thomas House stated that he believed there were 15 members that were considered retirees in the drop program that were not included in a previous action by the City Council to rescind the $500 cap on medical insurance for employees hired before 10/01/2003 and retiring after 04/04/2014. He provided a copy of his Deferred Retirement Option Plan (Drop) Application/Agreement. Member Nelson moved to allow Thomas House an additional three (3) minutes to speak. Member Diesel seconded the motion. The motion carried unanimously. Thomas House highlighted parts of his Deferred Retirement Option Plan (Drop) Application/Agreement and requested Council consider rescinding the $500 cap on medical insurance for employees hired before 10/01/2003 and retired after 04/04/2014. Council requested additional information before proceeding further with Mr. House s request. Page 2 of 11
Gary Boyer expressed concern regarding the business tax license for his catering services (RPC Food and Reel Pit Bar B Que). He was told that he was operating without a proper business tax license, but he felt he had everything in order with the business tax license he had with the special contingency that dine-in eating was not permitted. He asked for Council s assistance in rectifying the problem and provided copies of his business tax license. Council requested staff review Mr. Boyer s concerns as quickly as possible to determine his options. Roger Molitor expressed concern of deadlines and other restrictions regarding the road that lead to the site for his development for a Marriott Hotel, located at the end of Helen Hauser Boulevard. He provided Council a photo of Helen Hauser Boulevard. Council requested staff review his concerns. CONSENT AGENDA Member Nelson moved to approve Consent Agenda Items A through H in accordance with recommendations, upon reading. Vice-Mayor Barringer seconded the motion. Consent Agenda was read as followed by City Manager Larese. A. Award of Blue Heron Wetland Consultant Contract - Approve award of an annual contract to Ecotech Consultants, Inc. of Vero Beach, FL in the amount of $32,880 for monitoring, operation and maintenance services of the Blue Heron Wetland for a three year term with the option to administratively renew annually for two additional years, and authorize the City Manager to execute the contract. B. Transfer ownership of K-9 Lex - Approve transfer of ownership of K-9 Lex to Officer Mark Jennings. C. Advisability to Amend Land Development Regulations, Chapter 30, relating to High Security Fences - Approve advisability to amend the Land Development Regulations, Chapter 30, relating to high security fences. D. Replacement of Transfer Pumps at the Mourning Dove Water Treatment Plant - Approve award of contract for Bid No. 17-B-026 to Flanders Electric Motor Service of Lakeland, FL for the replacement of three (3) Transfer Pumps at the Mourning Dove Water Treatment Facility in the amount of $111,000 and authorize the Mayor to execute the contract. Page 3 of 11
E. Purchase of CBL-Flexlite 340 and associated equipment - Approve the purchase of Tightrope CBL-Flex Lite Video Server from Encore Broadcast Solutions of Altamonte Springs in the amount of $18,808. F. Advisability to Amend the Related to Access and Site Plan Requirements - Approve advisability for staff to prepare amendments to the Land Development Regulations related to access and site plan requirements. G. Purchase of a Vactor Truck - Approve the purchase of a 2018 Freightliner Truck with 2115 Vactor Sewer Cleaner from Environmental Products of Florida in accordance with the terms of the Florida Sheriffs Association Bid Award FSA 16-VEH14.0 Specifications #51 and #14 in the amount of $403,946. H. Modification to Eligibility Criteria for 150th Anniversary Tree Program - Approve modification of eligibility criteria for the City of Titusville 150th Anniversary Tree Program. The motion carried unanimously. City Attorney Broome read the Quasi-Judicial Rules of Procedure. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Easement Vacation No. 1-2017 - City Manager Larese advised that a petition (Easement Vacation No. 1-2017) was received from Robert Zielke, to vacate a portion of a Public Utility easement. The easement was located on the east side of a single family lot located at 477 Fern Avenue. The requested easement vacation was requested because the owner proposed to expand the existing single family home, and the proposed addition would encroach approximately 15 feet into the 40-foot public utility. The applicant requested only the portion of the easement that would be encroached upon by the addition be vacated. The total area of the vacation request was approximately 1,065 square feet. The Planning and Zoning Commission recommended approval, 6-0. Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. Member Diesel moved to approve Easement Vacation No. 1-2017 and Resolution No. 10-2017 to vacate a portion of a public utility easement on property located at 477 Fern Avenue, as recommended. Member Nelson seconded the motion. Page 4 of 11
The roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Yes Yes Yes Yes The motion carried unanimously. Conditional Use Permit (CUP) No. 4-2017 to Allow a School at 2063 Garden Street in the General Use (GU) Zoning District City Manager Larese advised that the applicant, Able Academics, LLC on behalf of Good Shepherd Lutheran Church of Titusville, Inc., requested a Conditional Use Permit to establish a private school on an 11.7+ acres parcel located at 2063 Garden Street, in the General Use (GU) zoning district. A conditional use permit, CUP #07-2004, was previously approved at the property to allow a fellowship hall, a preschool building, and to allow an expansion of the existing church. The applicant proposed to utilize the preschool building to establish a private school. Based on the following findings and the criteria established in Section 34-76 of the Land Development Regulations (LDR), the staff recommended approval of CUP request No. 4-2017 with conditions included in the agenda package. The Planning and Zoning Commission recommended approval, 6-0. Community Development Director Peggy Busacca highlighted the staff report included in the agenda package and advised that staff recommended approval with the following conditions: 1) Any modifications to existing site lighting would require submittal and approval of the appropriate permits and exterior lighting plan. 2) The hours of operation shall not be earlier than 7:00 A.M. nor later than 5:00 P.M. 3) To approve the continued use of access on Tropic Street. Mayor Johnson opened the public hearing. Todd Monique, the applicant, was available for questions. Mayor Johnson closed the public hearing. Member Nelson moved to approve Conditional Use Permit (CUP) No. 4-2017 to allow a school at 2063 Garden Street in the General Use (GU) Zoning District, with staff s conditions, as recommended. Member Diesel seconded the motion. The motion carried unanimously. Page 5 of 11
ORDINANCES-FIRST READING Comprehensive Plan Amendment No. 3-2016 (Adoption) City Attorney Broome read ORDINANCE NO. 17-2017, 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 ADOPTING COMPREHENSIVE PLAN AMENDMENT 3-2016 AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY WITH PARCEL ID NUMBER 21-35-28-00-279, LOCATED AT THE SOUTHWEST CORNER OF U.S. HIGHWAY 1 AND DAIRY ROAD, FROM THE INDUSTRIAL FUTURE LAND USE DESIGNATION TO THE COMMERCIAL HIGH INTENSITY FUTURE LAND USE DESIGNATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DAT; and ORDINANCE NO. 18-2017, 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 THE ZONING DESIGNATION ON CERTAIN PROPERTY WITH PARCEL ID NUMBER 21-35-28-00-279, LOCATED AT THE SOUTHWEST CORNER OF U.S. HIGHWAY 1 AND DAIRY ROAD, FROM THE INDUSTRIAL (M-2) ZONING CLASSIFICATION TO THE COMMUNITY COMMERCIAL (CC) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. City Manager Larese highlighted the request included in the agenda package. Community Development Director Busacca highlighted the Staff Analysis included in the agenda package and advised that staff recommended approval. Kristy Mount, the applicant, was available for question. The public hearing was scheduled for the regular City Council meeting on July 25, 2017 (6:30 p.m.). OLD BUSINESS Advisability to Draft a Historic Preservation Local Property Ad Valorem Tax Exemption Program Ordinance City Manager Larese advised that this item was brought before the City Council on May 23, 2017. At that meeting, City Council sent the item back to the Historic Preservation Board requesting additional information. The requested additional information included a map showing the number and location of existing designated historic properties; information regarding the fiscal impact of a Historic Preservation Local Property Ad Valorem Tax Exemption Program; and questioning the ten (10) year time period. Page 6 of 11
Included in the agenda package for the City Council's review was information about the City of Tampa's and the City of Orlando's Historic Preservation Tax Exemption Programs. Other cities in Florida researched by staff that adopted Historic Preservation Tax Exemption Programs included Fernandina Beach, Miami Beach, Coral Gables, St. Petersburg, and Miami-Dade County. The Historic Preservation Board believed that the creation of a Historic Preservation Tax Exemption Program provided an incentive to property owners of historic structures in the City to invest in the restoration of the structure, which had to be in compliance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. In addition to restoring historic structures in the City, such a program could revitalize older neighborhoods and increase surrounding property values. The economic impact of adopting a Historic Preservation Local Property Ad Valorem Tax Exemption Program would be minimal based on the information shown on the exhibit included in the agenda package titled "General Impact Analysis of a Historic Property Ad Valorem Tax Exemption Program in Titusville". The percentage of existing and potential historic structures (the vast majority of the potential historic structures would not qualify for the program) was less than 1% of the total number of buildings in the City. Using a typical median value residential property in the City as an example that was improved to double its value, the Analysis indicated that an exemption of $998.54 was generated in that instance. Over ten (10) years that amounted to approximately $9,985.40 for that example. The tax exemption in that instance provided a 13 to 1 investment in property value. The amount of the exemption would depend on the cost of the improvements. The Historic Preservation Board recommended a ten (10) time exemption period so that the exemption was of some substance. City Council had the ability to reduce the exemption period as well as the percentage of the value of the improvements in any ordinance drafted. The Historic Preservation Board and Staff estimated that the City would receive approximately one (1) request for tax exemption per year based on other cities' experience. Tampa and Orlando received up to five (5) applications per year and three (3) applications per year, respectively. In the economic downturn a few years ago, Orlando did not receive any applications for a couple of years. The recommended action for Council was to provide advisability to staff regarding whether to develop an ordinance creating a Historic Preservation Local Property Ad Valorem Tax Exemption Program for improvements to qualified historic properties with the City of Titusville. Member Diesel moved to approve advisability for staff to develop an ordinance creating a Historic Preservation Local Property Ad Valorem Tax Exemption Program for improvements to qualified historic properties with the City of Titusville, as recommended. Member Nelson seconded the motion. The motion carried unanimously. Page 7 of 11
NEW BUSINESS Regulation of Medical Marijuana Dispensaries City Manager Larese advised that in November 2016, Florida voters approved Constitutional Amendment 2 allowing medical marijuana use within the State. On January 10, 2017, Council adopted Ordinance No. 1-2017 to establish a temporary moratorium on the establishment and operation of medical marijuana facilities to permit sufficient time to development regulations. The moratorium was extended for an additional 180 days on June 13, 2017 to permit staff review of State regulations that were not developed as of the June Council meeting. Senate Bill 8A (included in the agenda package), signed into law on June 23, 2017, set forth rules regulating several aspects of medical marijuana dispensaries as shown on the summary included in the agenda package. The state gave local jurisdictions two options for regulating medical marijuana dispensaries. Local jurisdictions may prohibit medical marijuana dispensaries, or allow dispensaries with limitations, so long as the limitations were no more stringent than regulations for pharmacies except that medical marijuana dispensaries could not be located closer than 500 feet from schools. A map showing the zoning districts where pharmacies could be located, and the 500 foot exclusion areas were included in the agenda package. Based on those State regulations, the City had three options regarding medical marijuana dispensaries. The City could prohibit dispensaries within the City; allow dispensaries with the same regulations that were currently in the LDR's for pharmacies; or amend the current regulations for pharmacies in response to the State law. Staff requested that Council provide direction regarding regulation of medical marijuana dispensaries. City Attorney Broome advised that a moratorium was imposed that was currently in place regarding Medical Marijuana Dispensaries that would expire in December 2017. Council s discussion included waiting to see how other cities handled the regulations of medical marijuana dispensaries. Council also expressed concerns regarding the locations for the medical marijuana dispensaries. Heather Summy stated that she was on the fence regarding medical marijuana dispensaries. She asked whether there was anything she could do to encourage citizens to offer their opinions and to become more involved. She felt that government politicians did not always know what the community wanted or thought. She asked whether the Council would entertain the idea of having a separate forum for the community to discuss medical marijuana dispensaries. Page 8 of 11
Member Nelson moved to allow Heather Summy one (1) additional minute to speak. Member Diesel seconded the motion. The motion carried unanimously. Ms. Summy stated that she wanted to bring to Council s attention that she felt the community would like a separate forum to discuss the regulation of medical marijuana dispensaries. Member Nelson requested City Attorney Broome put a short summary of the State Statue as written regarding medical marijuana dispensaries on-line for the public to view. City Attorney Broome advised that he would update the Summary of Medical Marijuana Dispensary Legislation provided in the agenda package. Police Chief John Lau stated that the Florida Association of Police Chiefs were against medical marijuana dispensaries and that colleagues in other states advised that the dispensaries had not worked out well. He advised that the dispensaries were not something the Police Chiefs were ready to support at that time. Consensus of the Council was to keep the moratorium in place and have staff continue to research the issue. Riverfront Park Improvements and Knox McRae Baffle Box Construction City Manager Larese advised that on April 27, 2017, the City solicited sealed bids for the construction of the Riverfront Park Improvements and Knox McRae Baffle Box under bid 17-B-018. Forty-seven firms, out of 622 firms notified, obtained bid documents. Three firms submitted bids that were opened on June 16, 2017. The tabulations were included in the agenda package. It was recommended that the City Council approve the budget amendment to provide the necessary funds for the Riverfront Park Improvements and approve the award of contract to Carr & Collier Inc. of Leesburg, FL in the amount of $1,487,820 for the construction of the Riverfront Park Improvements and Knox McRae Baffle Box; and authorize the Mayor to execute the contract. Additionally, approve the project creation for the park construction. Public Works Director Kevin Cook advised that the Riverfront Park Improvements and Knox McRae Baffle Box Construction would be funded partially through state funding of $110,000 from legislature and the remainder of the cost would be split between the General Fund, Stormwater Fund and the Riverfront Acquisition. Laura Ward stated that she was concerned the Council had not seen the original concept for the park. She asked whether the current park design was the same park design as the rendering of the park from 2014. Page 9 of 11
Public Works Director Cook responded that it was the same design. Ms. Ward asked whether the referendum funds should be repaid based on the original development of the park, specifically regarding the deep retention ponds that were constructed to take the Florida Department of Transportation s water onto the site. City Attorney Broome advised that he would research Ms. Ward s concern. Member Nelson moved to approve the budget amendment to provide the necessary funds for the Riverfront Park Improvements, as recommended. Vice-Mayor Barringer seconded the motion. The motion carried unanimously. Member Nelson moved to approve the award of a contract to Carr & Collier Inc. of Leesburg, FL for the construction of the Riverfront Park Improvements and Knox McRae Baffle Box in the amount of $1,487,820, authorize the Mayor to execute the contract, and approve the project creation for the park construction, as recommended. Member Diesel seconded the motion. The motion carried unanimously. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor Johnson submitted a written report. CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted as followed: Action Items - None Informational Items FY 2018 Legislative Priorities Draa Field Signage North Brevard County Parks & Recreation Budget Update Welcome Center Visitors Data for June 2017 Page 10 of 11
SEDC Final Report June 2017 Council made no changes to the FY 2018 Legislative Priorities that would be transmitted to the Florida League of Cities for use in their upcoming annual legislative conference on August 17, 2017. Special Meeting and Events FY 2018 Budget Workshop, August 16, 2017 @ 5:00 p.m., City Hall FY 2018 Budget Public Hearing, 1 st Hearing, September 6, 2017 @ 5:30 p.m., City Hall FY 2018 Budget Public Hearing, 2 nd and Final Hearing, September 14, 2017 @ 5:30 p.m., City Hall CITY ATTORNEY S REPORT - None Member Diesel advised that he would meet with the head of the Gibson Youth Center on Wednesday, July 12, 2017 to discuss how to further assist in helping the youth. Member Nelson advised that she would meet with the Space Museum on Thursday, July 13, 2017 to discuss starting a Boys and Girls Club located at the Whispering Hills Elementary School. Vice-Mayor Barringer advised that at the last Space Coast League of Cities meeting, there was discussion on Social Media and the impact with the Sunshine Law. He recommended discussion for a potential policy on Social Media. With no further business, the meeting adjourned at 8:38 p.m. ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Page 11 of 11