City Council Regular Meeting June 14, 2016 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, June 14, 2016. Mayor Jim Tulley called the meeting to order at 6:30 p.m. Present were Mayor Jim Tulley, Vice- Mayor Walt Johnson, and Members Matthew Barringer, Martha Long, and Rita Pritchett. 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. Mayor Tulley asked for a moment of silence and then led those present in the Pledge of Allegiance. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Vice-Mayor Johnson moved to approve the minutes of the regular City Council meetings of April 26, 2016 (6:30 p.m.) and May 10, 2016, as submitted. Member Pritchett seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS Presentation by Dale Allen, Executive Director, Florida Greenways & Trails Foundation Dale Allen, Executive Director, Florida Greenways & Trails provided a presentation on trails and their impact to the State, region, and the City of Titusville. Stan Johnston submitted a speaking card for this item, but chose not to speak. 1
Quarterly Report on the activities of the Titusville Chamber of Commerce and Space Coast Economic Development Commission (SEDC) City Manager Larese advised that an agreement between the City of Titusville and the Titusville Area Chamber of Commerce was entered into on October 14, 2015. Chamber duties included, under 5.K, provide quarterly reporting to City Council and City's Economic Development Director on the activities of the Chamber and the SEDC. Marsha Gaedcke, President of the Titusville Area Chamber of Commerce advised that her written report was included in the agenda packet and that she was available for questions. Member Long moved to accept the quarterly report from the Titusville Chamber of Commerce and SEDC, as written. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. Medical and Pharmacy Coverage for City Retirees City Manager Larese advised that a meeting was held on May 26, 2016 between City staff and approximately 75 current City retirees regarding the status of the City's health coverage for retirees. Human Resources Director Joe Denaro advised that Ms. Jan Bush, Consultant for RobinsonBush Inc., would provide a presentation. Jan Bush, RobinsonBush Inc., provided a powerpoint presentation titled Medical and Pharmacy Coverage for City Retirees that outlined potential options for retiree healthcare coverage for FY 2017 and beyond that included: Current City Policy/Counts, May 26, 2016 Retiree Meeting, 2017 Considerations, Retiree Feedback, and Next Steps. Stan Johnston stated that he was a City of Titusville retiree and that he felt the City Health Benefit program was an excellent program. He advised that there was a consensus at the retiree meeting that there had been a promise made that there would not be a cap put on the health benefits and that there was now a $500 cap. He stated that was breaking that promise and had been implemented when people were not looking. Human Resource Director Denaro advised that when individuals elected to retire, they knew what the benefits were at that time. There was some cost share with the retirees depending on when they retired. Kathy Mosley stated that she retired from the City of Titusville in 2008 and was currently a contract employee with the City. She advised that she felt more people would have attended the retiree meeting on May 26, 2016, had there been more notice of the meeting and more detailed and clearer information provided on what would be discussed at the meeting. 2
Mayor Tulley stated that the intent was to keep all the City retirees informed and ensure that all retirees were well informed of any meetings. He advised that the challenge was to find a formula to keep the retirees with the best possible benefits. Vice-Mayor Johnson stated that a commitment was made when individuals were hired and asked that staff look at a way to honor those commitments and a way to reduce the costs in the long run by having a different plan for new hires. Member Barringer stated that the City should meet the commitment made to individuals when they were hired. Member Pritchett advised that the goal was to provide better health care options for retirees. Member Pritchett asked that Kathy Mosley return to the microphone. Kathy Mosley stated that she wanted to make sure that Council was aware that retirees were promised certain benefits to retire early. Once retired, with no prior notification of changes, they were notified that there were changes to the promised benefits. Member Barringer asked that a fair amount of time be given for notification of meetings pertaining to the City s retirees. Member Pritchett moved to acknowledge the presentation by City Staff and Ms. Jan Bush, RobinsonBush Healthcare Consultant, as recommended. Member Barringer seconded the motion. The motion carried unanimously. BOARDS AND COMMISSIONS Historic Preservation Board City Manager Larese advised that the request was to appoint one alternate member to the Historic Preservation Board for an unexpired term to expire on October 31, 2017. There was one application on file for consideration. Ms. Lindsey Bamberg expressed her willingness and desire to serve on this board. Her application was included in the agenda package. Member Long moved to appoint Lindsey Bamberg as an alternate member to the Historic Preservation Board to an unexpired term to expire on October 31, 2017, as recommended. Vice- Mayor Johnson seconded the motion. The motion carried unanimously. 3
PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston stated that he felt the City needed to have a better understanding that water flows downhill. He advised that he had petitions for Council s review that targeted the Department of State who had a dam downstream of homes in the 100-flood zone that included: 80 homes, Madison Middle School, and Oak Park Elementary School. He provided potential obstacles that caused restrictions to the outfall ditch that caused water to back-up into Parkland Estates. Daniel Briddell stated that he lived at 3305 Marshall Street, Parkland Estates and was concerned that his property was in a flood zone. He advised that there was no trouble with flooding as long as the ditches remained clear and commented on the burden of the cost of flood insurance due to being in a flood zone. He asked for Council s consideration to assist him in getting his home out of a flood zone. Terry Briddell, stated that her house at 3305 Marshall Street, Parkland Estates was previously not in a flood zone when her parents owned it and since taking over the home from her parents, the home was now in a flood zone. She asked Council to assist her in getting her home taken out of the flood zone. Mayor Tulley advised that there were ways to submit paperwork to FEMA regarding the flood zone and recommended that Ms. Briddell contact City staff for their assistance. Ms. Briddell advised that she asked City staff for assistance previously and they would not assist her with the paperwork. Mayor Tulley requested staff review the history of Daniel and Tracy Briddell s property located at 3305 Marshall Street in Parkland Estates as it related to being in the flood zone. He also requested information on whether documentation had been submitted to FEMA to remove the property from the flood zone and whether the area (ditches/dams) has been maintained. Member Pritchett asked Daniel Briddell to clarify whether he was having trouble with his property flooding. Daniel Briddell stated that he was not having flooding issues and felt he was being burdened with flood insurance. He advised that FEMA told them to contact the City. City Manager Larese would research when the Parkland Estates area was put in the flood zone and provide that information to Council. 4
Karen Vote stated that she was concerned that her home on Marshall Street, Parkland Estates was in a flood zone and the ditches and dam by her development were not properly maintained. She advised that in eleven years, she had not seen anyone working on them and was concerned that would cause a flooding issue. Mayor Tulley requested staff provide the date the property at 3305 Marshall Street was put in the flood zone. CONSENT AGENDA Mayor Tulley asked to hear Consent Agenda Item C separately. Member Pritchett moved to approve Consent Agenda Items A, B and D in accordance with recommendations, upon reading. Vice-Mayor Johnson seconded the motion. Consent Agenda was read as followed by City Manager Larese. A. 2016-2017 School Board of Brevard County School Resource Officer (SRO) Program - Approve and execute the 2016-2017 School Board of Brevard County SRO Program Agreement and required Budget Amendment. B. Advisability Review of Shade Structures within City Parks - Approve advisability to provide a feasibility review for adding shade structures to playgrounds within City owned parks. D. Area Impact Plan (AIP) No. 1-2016 for Expansion of a Single Family Home 3025 South Washington Avenue - Approve Area Impact Plan No. 1-2016 to allow for the construction of a room addition, attached garage, and porch to an existing single family home in the Shoreline Mixed Use (SMU) zoning district at 3025 South Washington Avenue The roll call was: Member Pritchett Member Long Mayor Tulley Vice-Mayor Johnson Member Barringer The motion carried unanimously. 5
Consent Agenda Item C Interlocal Agreements for Maintenance and Operations of Splash Pad and BMX Park The recommended action was to approve the Interlocal Agreements for maintenance and operations of the Splash Pad and BMX Park included in the agenda package and authorize the Mayor to sign the agreements. City Attorney Broome advised that the Interlocal Agreements for maintenance and operations of the Splash Pad and BMX Park were to provide that the County would not maintain those parks. The agreement for the splash pad had an additional feature that the County would contribute $35,000 towards the construction of the splash park. However, the agreements that were presented to the County were the initial drafts and since, changes were made to the agreements and those changes were not reflected in the agreements signed by the County. Council was provided the revised agreement and City Attorney Broome highlighted the corrections. He asked that the Council approve the Interlocal Agreement as modified and submit the modified agreement back to the County for their review. Member Long moved to approve the Interlocal Agreement, as modified and submit the modified agreement back to the County for their review. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Mayor Tulley read the Quasi-Judicial rules of procedure. Easement Vacation (EAS) No. 2-2016 2670 Village Lane City Manager Larese advised that a petition (Easement Vacation #2-2016) was received from Roby Blevins and Jean Blevins to vacate a portion of a public utility and drainage easement. The easement was located east of a single family home at 2670 Village Lane. The easement was encroached upon by the construction of the existing pool and pool enclosure built in 2004. The pool and pool enclosure were issued a building permit based on a survey that did not accurately illustrate the 10-foot Public Utility and Drainage easement on the rear of the property. Only the portion of the easement that was encroached upon by the pool was being requested to be vacated. The total area of the vacation request was approximately 139 square feet. The responsible agencies had no objections to the easement request. The Planning and Zoning Commission recommended approval, 6-0. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. 6
Member Pritchett moved to approve the Easement Vacation (EAS) No. 2-2016 and Resolution No. 18-2016, as recommended. Member Barringer seconded the motion. The roll call was: Member Long Mayor Tulley Vice-Mayor Johnson Member Barringer Member Pritchett The motion carried unanimously. ORDINANCES-FIRST READING Ordinance No. 9-2016 Amending Chapter 11 Licenses and Business Regulations Article VI Motion Picture Theaters City Attorney Broome read ORDINANCE NO. 9-2016, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 11 LICENSES AND BUSINESS REGULATIONS, ARTICLE VI MOTION PICTURE THEATERS, BY REMOVING SECTIONS 11-273 LIGHTING, 11-274 SEATING, AND 11-276 FOOD ; AMENDING SECTION 11-277 ALCOHOLIC BEVERAGES BY DELETING EXISTING REGULATIONS AND INCLUDING REGULATIONS ON THE SALE OF ALCOHOLIC BEVERAGES; AND BY AMENDING SECTION 11-282 ADMINISTRATION AND ENFORCEMENT BY THE BUILDING OFFICIAL BY PROVIDING FOR ENFORCEMENT BY THE ADMINISTRATOR; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only. On May 4, 2016, the Planning and Zoning Commission recommended approval, 5-0, with the stipulation that the sale of alcohol be limited to beer and wine only. Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing was closed. Member Pritchett advised that after researching other establishments with full bars similar to a movie theater, they appeared to have no problems and she would be comfortable approving the original ordinance. Vice-Mayor Johnson stated that he had visited the Epic Movie Theater and that the consumption of alcohol was controlled by only allowing three beers per patron. 7
Mayor Long advised that she would not support a bar in the movie theater unless it was contained inside a restaurant inside the theater. Member Barringer advised that he was comfortable with the ability to sell liquor at a theater and that he felt that state regulations regarding bars were very effective. Mayor Tulley stated that he was not comfortable with the ability to sell liquor in an establishment where children tend to go by themselves. He recommended allowing beer and wine to be served and possibly in the future, upon request, consider a change to allow liquor to be served at the establishment. Council requested additional information on various state alcohol and/or liquor licenses that were available and the requirements to obtain each of the licenses. Council also requested information on the requirements for a bowling alley to obtain state alcohol and/or liquor licenses. The public hearing was scheduled for the regular City Council meeting on July 12, 2016. OLD BUSINESS None NEW BUSINESS Advisability to transition stormwater charges to the Non-Ad Valorem Tax Rolls - City Manager Larese advised that the City of Titusville continued to experience high rates of uncollectible revenue from Stormwater fees. Over the past two years, the City issued over 2,100 property liens totaling over $1M due to failure to pay stormwater/utility charges. By placing those items on the non-ad valorem tax rolls, as was currently the practice with Brevard County and many of the City s peer cities, the City anticipated significant improvements in their revenue collection process and a drastic decrease in the number of liens filed each year. This action would take approximately 18 months and involve an ordinance change, conducting two public hearings, and extensive public outreach and coordination with Brevard County Property Appraiser and Tax Collector offices. Staff was targeting FY 2018 for implementation of this action. Member Long moved to authorize staff to proceed with placing Stormwater charges on the Non- Ad Valorem Tax Rolls, as requested. Vice-Mayor Johnson seconded the motion. The motion carried unanimously. 8
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor s Report Mayor Tulley submitted a written report. Mayor Tulley advised that he did not attend the Space Coast League of City s meeting on June 13, 2016 as stated in his report, as he attended the vigil for the Terrorist Violence in Orlando. He stated that approximately 200 people were in attendance. Member Barringer requested staff provide a large card for citizens to sign to show their condolences toward the shootings in Orlando that happened at the Pulse Nightclub. The card would then be sent to Orlando. Member Barringer moved to approve staff provide a large card for citizens to sign to show their condolences toward the shooting in Orlando that happened at the Pulse Nightclub and the card to be sent to Orlando. Member Pritchett seconded the motion. The motion carried unanimously. Mayor Tulley offered compliments to the City staff for their assistance with the vigil for the Terrorist Violence in Orlando. Member Long advised that she attended the Mayor s Breakfast hosted by the Palm Bay Chamber of Commerce and that she had provided copies of the City s Talking Points for distribution. She commented that the attendees complimented the book and the update written by Economic Director Eddie McCall that provided the Economic Future of Titusville. Member Long advised that she attended the Indian River Lagoon Compact Summit on Saturday, June 11, 2016 and that a one-year action plan for the lagoon was in process. 9
CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted as followed: Informational Items: Indian River Lagoon Regional Compact Resolution. Approval of Knox McRae Watershed Nutrient Removal Project Funding. Titusville Area Chamber of Commerce Mid-Year Update on the Administration of the Space Coast Economic Development Commission (SEDC). Next edition of Talking Points to be published on July 15, 2016. Special Meeting and Events Titusville Police Department Workshop, June 30, 2016, 6:30 p.m., City Hall Red, White and Boom! July 4th Celebration, July 4, 2016, 7:00 p.m., Sand Point Park FY 2017 Budget Workshop, August 16, 2016, 5:00 p.m., City Hall FY 2017 Budget Public Hearing, September 7, 2016, 5:00 p.m., City Hall FY 2017 Budget Final Public Hearing, September 15, 2016, 5:00, City Hall CITY ATTORNEY S REPORT - None With no further business, the meeting adjourned at 8:38 p.m. ATTEST: James H. Tulley, Jr., Mayor Wanda F. Wells, City Clerk 10