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City Council
Regular Meeting
February 14, 2013
The City Council of the City of Titusville met in regular session in the Council Chamber
of City Hall, 555 South Washington Avenue, on Thursday, February 14, 2013.
xxx
Mayor Jim Tulley called the meeting to order at 7:15 p.m. Present were Mayor Jim
Tulley, Vice-Mayor Martha Long and Members Kathleen Burson, Walt Johnson and Rita
Pritchett. Also in attendance were City Manager Mark Ryan, City Attorney Richard
Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman
completed the minutes.
xxx
Pastor Steve Goodner of New Venture Church of Rocket Town was present to give the
invocation. Mayor Tulley led those present in the Pledge of Allegiance to the Flag.
xxx
MINUTES
Member Burson advised that she felt there were errors in the minutes of the regular City
Council meeting on November 27, 2013 (6:30 p.m.) regarding the Assisted Living
Facility (ALF) and requested that the approval of those minutes be tabled to allow her
additional time to review them.
Motion:
Member Burson moved to table the approval of the minutes of the regular City Council
meeting on November 27, 2012 (6:30 p.m.) to the regular City Council meeting on
February 26, 2013. Vice-Mayor Long seconded the motion. The motion carried
unanimously.
Motion:
Member Johnson moved to approve the minutes of the regular City Council meeting on
January 8, 2013 and special City Council meeting on January 15, 2013, as submitted.
Vice-Mayor Long seconded the motion. The motion carried unanimously.
xxx
Mayor Tulley advised that the Chairman of the Titusville Cocoa Airport Authority was
present and recommended that Item 9A – Ordinance No. 2-2013 - Creating an Airport
Operations Development Waiver Zone for the Space Regional Airport be heard at that
time.
Motion:
Vice-Mayor Long moved to consider Item 9A - Ordinance No. 2-2013 - Creating an
Airport Operations Development Waiver Zone for the Space Regional Airport next on the
agenda, as requested. Member Johnson seconded the motion. The motion carried
unanimously.
xxx
Mayor Tulley read the public speaking procedures for the meeting.
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ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION
Ordinance No. 2-2013 Creating an Airport Operations Development Waiver Zone for the
Space Coast Regional Airport
City Attorney Broome read ORDINANCE NO. 2-2013, AN ORDINANCE OF THE
CITY OF TITUSVILLE, FLORIDA, AMENDING THE CITY’S LAND
DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 59, DIVISION 4 OF
ARTICLE VIII BY ADDING PROVISIONS TO CREATE THE AIRPORT
OPERATIONS DEVELOPMENT WAIVER ZONE AT THE SPACE COAST
REGIONAL AIRPORT ALLOWING ADMINISTRATIVE WAIVERS OF ANY
DEVELOPMENT REGULATIONS THAT ARE IN CONFLICT WITH
CONSTRUCTION STANDARDS FOR AIRPORTS PUBLISHED BY THE FEDERAL
ADMINISTRATION FOR AVIATION (FAA) AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION (FDOT); WAIVING LAND DEVELOPMENT
REGULATIONS FOR DEVELOPMENT IN THE AIRPORT OPERATIONS
DEVELOPMENT WAIVER ZONE WITH CERTAIN PROVISIONS; AND
PROVIDING FOR AN EFFECTIVE DATE, the second time by title only.
City Manager Ryan advised that the City and the Space Coast Regional Airport Authority
were in ongoing negotiations to create a process to streamline development approvals for
the fast-growing Space Coast Regional Airport. In reviewing the past development
approvals, the City and the Airport Authority agreed that much of the delays in
development approvals were related to the City's regulations that were incompatible with
airfield facilities and aviation related development.
The City staff and the Airport Authority were presenting an ordinance that detailed a
"waiver area" for the Airport's operations area. This area did not include property owned
by the airport for non-aviation related development. The waiver area outlined code
provisions for development that staff recommended waiving, including zoning standards
and setback requirements (compatibility between uses was not an issue at the airport),
landscaping with some exceptions, utilities with some exceptions, and parking and
infrastructure requirements with some exceptions.
The City staff believed this ordinance would assist the airport and the City in obtaining
quick and timely development review approvals by removing the impediments of Land
Development Regulations that were not designed for aviation related development.
Staff recommended approval.
City Engineer Woody Rice advised that staff had worked closely with the airport in
trying to determine the repeated issues when trying to get developments completed at the
airport. Most of the Land Development Regulations were designed for commercial and
residential type development.
Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing
was closed.
Jerry Sansom, Chairman of the Titusville Cocoa Airport Authority, advised that he was
available for questions.
Motion:
Member Pritchett moved to approve Ordinance No. 2-2013 - Creating an Airport
Operations Development Waiver Zone for the Space Coast Regional airport operations
development, as recommended. Vice-Mayor Long seconded the motion.
The roll call was:
Member Pritchett Yes
Vice-Mayor Long Yes
Mayor Tulley Yes
Member Johnson Yes
Member Burson Yes
The motion carried unanimously.
xxx
Jerry Sansom, Chairman of the Titusville-Cocoa Airport Authority, provided Council an
update on action item “Request by the Titusville Cocoa Airport Authority to Support
Spaceport Designation” under the City Manager’s Report. He advised that
Representative Tom Goodson and Senator Andy Gardiner filed legislation to declare
Space Coast Regional Airport and Space Coast Regional Industrial Park as Space Port
Territory. That would provide those properties additional access to incentives from the
State of Florida and Strategic Intermodal System (SIS) Funds for Space Port activities.
On February 13, 2013, that language was added to House Bill 135, unanimously in the
Committee.
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SPECIAL RECOGNITIONS & PRESENTATIONS - None
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BOARDS AND COMMISSIONS
North Brevard Library District Board – City Manager Ryan advised that the
recommended action was to accept the resignation of regular member Linda Hass from
the North Brevard Library District Board with a term to expire on September 30, 2013.
Her resignation was effective on January 10, 2013.
There were no other applications on file.
Motion:
Vice-Mayor Long moved to accept the resignation of regular member Linda Hass from
the North Brevard Library Board with a term to expire on September 30, 2013 with an
effective date of January 10, 2013, with regrets. Member Johnson seconded the motion.
The motion carried unanimously.
xxx
Student Advisory Council – City Manager Ryan advised that the recommended action
was to appoint Titusville High School student Jamar Hillery (freshman) to the 9th grade
position on the 2012/2013 Student Advisory Council.
Motion:
Member Pritchett moved to appoint Titusville High School student Jamar Hillery
(freshman) to the 9th grade position on the 2012/2013 Student Advisory Council.
Vice-Mayor Long seconded the motion. The motion carried unanimously.
xxx
Planning and Zoning Commission – City Manager Ryan advised that the item was to
appoint one regular member to the Planning and Zoning Commission for an unexpired
term to expire on January 31, 2015 and appoint one alternate member to the Planning and
Zoning Commission for an unexpired term to expire on January 31, 2015.
There were three applications on file for consideration. Ms. Tami Shriver, Mr. Michael
Bobik, and Mr. B. Loys Ward expressed their willingness and desire to serve on this
board. Alternate member Melvia Scott expressed her willingness and desire to serve as a
regular member.
Their applications were included in the agenda packet.
Motion:
Member Johnson moved to promote alternate member Melvia Scott as a regular member
of the Planning and Zoning Commission for an unexpired term to expire on January 31,
2015. Vice-Mayor Long seconded the motion. The motion carried unanimously.
Nominations for the two alternate positions were as followed:
Vice-Mayor Long nominated Tami Shriver.
Member Johnson nominated Loys Ward.
Vice-Mayor Long nominated Michael Bobik.
The vote was:
Vice-Mayor Long Tami Shriver and Michael Bobik
Mayor Tulley Tami Shriver and Michael Bobik
Member Johnson Tami Shriver and Loys Ward
Member Burson Tami Shriver and Michael Bobik
Member Pritchett Tami Shriver and Loys Ward
Tami Shriver and Michael Bobik were appointed as alternate members.
Motion:
Vice-Mayor Long moved to appoint Tami Shriver to an unexpired term on the Planning
and Zoning Commission to expire on January 31, 2015 and Michael Bobik to an
unexpired term on the Planning and Zoning Commission to expire on January 31, 2014.
Member Burson seconded the motion. The motion carried unanimously.
xxx
Planning and Zoning Commission Semi-Annual Report 2013 – Planning and Zoning
Commission Chairman Shawn Williams presented the semi-annual report that outlined
the cases filed for the period from July to December 2012. He advised that the Planning
and Zoning Commission (P&Z) had reviewed 21 cases during eight meetings. Two
meetings were cancelled due to no quorum and one meeting due to the July 4th
Holiday.
During the period of January to June 2012, there were 16 agenda items heard that made
an increase of 5 items or 31%. He advised that staff would begin to add workshops to the
P&Z’s schedule.
Motion:
Vice-Mayor Long moved to approve the Planning and Zoning semi-annual report as
presented. Member Johnson seconded the motion. The motion carried unanimously.
xxx
Board of Adjustments and Appeals – City Manager Ryan advised that there was one
vacancy on the Board of Adjustments and Appeals for an alternate member with an
unexpired term to expire on July 31, 2013.
The recommended action was to appoint one alternate member to the Board of
Adjustments and Appeals for an unexpired term to expire on July 31, 2013.
There were two applications on file for consideration. Mr. Michael BoBik and Mr.
William Killpartrick. Since Mr. BoBok was appointed to the Planning and Zoning
Commission earlier in the meeting, there was only Mr. Killpartrick’s application for
consideration.
William Killpartrick was present and advised that he would be happy to answer any
questions.
Motion:
Vice-Mayor Long moved to appoint William Killpartrick as an alternate member to the
Board of Adjustments and Appeals for an unexpired term to expire on July 31, 2013.
Member Pritchett seconded the motion. The motion carried unanimously.
xxx
Board of Adjustments and Appeals – City Manager Ryan advised that the recommended
action was to approve the Board of Adjustments and Appeals semi-annual report, as
written.
Motion:
Member Johnson moved to approve the Board of Adjustments and Appeals semi-annual
report, as written. Vice-Mayor Long seconded the motion for discussion.
Vice-Mayor Long asked whether a request made by the Board of Adjustments and
Appeals was part of their semi-annual report.
City Engineer Rice advised that their request was not part of their report and would be
discussed later in the agenda.
The motion carried unanimously.
xxx
Historic Preservation Board Member Absences Inconsistent with the Requirement of the
City’s Board Appointments Regulations – City Manager Ryan advised that the Historic
Preservation Board had unanimously approved a recommendation to the City Council to
remove Chairman Rhonda Harrell due to absences, but wanted to leave a future
appointment possibility open to Rhonda Harrell if she desired to serve in the future.
At the November 13, 2012 City Council meeting, Chairman Harrell was approved for a
temporary leave of absence through December 31, 2012 and unfortunately her absences
had continued.
Motion:
Member Burson moved to remove Rhonda Harrell from the Historic Preservation Board
due to absences and to leave a future appointment possibility open, as recommended.
Vice-Mayor seconded the motion. The motion carried unanimously.
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Reconvene the Citizen’s Budget Advisory Committee for FY 13 – City Manager Ryan
advised that on October 23, 2012, Citizen’s Budget Advisory Committee (CBAC)
Chairman Mike Werner presented the committee's interim recommendations on the
delivery of Post 65 Retiree Healthcare benefits. At that meeting, Council directed the
committee to reconvene in January 2013 for the purpose of further exploring cost
efficient methods of delivering healthcare benefits to Post 65 City retirees. It was
appropriate for Council to reconvene the committee.
Vice-Mayor Long asked whether Curt Leady’s appointment to the Community
Redevelopment Agency affected him serving on the CBAC.
City Attorney Broome advised that the CBAC was not a recommending body, but
advisory only, so there would not be a dual office holding prohibition.
Motion:
Vice-Mayor Long moved to authorize the Citizen's Budget Advisory Committee to
reconvene in FY 13 to discuss the City's delivery of healthcare benefits for Post 65
Medicare eligible City retirees and other topics as Council directed, as recommended.
Member Burson seconded the motion.
Mayor Tulley advised that Curt Leady had informed him that he was interested in
remaining on the CBAC as long as it was for Post 65 Retiree Healthcare benefits.
The motion carried unanimously.
xxx
Approval of the Greater Titusville Renaissance Director Position and Interlocal
Agreement - Mayor Tulley advised that the Greater Titusville Renaissance (GTR) had
incorporated and he was asked to serve as one of the Directors. It would be a voluntary
position and he would not receive any economic benefit or financial benefit from the
position. The contract that was being considered was between the Council and the
Chamber of Commerce. City Attorney Broome provided opinions from the Florida
Commission on Ethics and there did not seem to be a conflict of interest in regards to him
serving on the GTR Board. Mayor Tulley advised that he would abstain from voting on
this item even though his involvement with the GTR would not violate state laws on
ethics.
City Manager Ryan advised that on October 23, 2012, City Council approved the funding
of $30,000 to be combined with $30,000 from Brevard County to fund a Director position
for the Greater Titusville Renaissance (GTR) Organization, contingent upon reviewing
and approving the job description and interlocal agreement.
Staff worked with Brevard County and the GTR Board to create the job description and
the interlocal agreement. The GTR Board obtained their FEIN number and was in the
process of creating the legal entity non-profit.
The recommended action was to approve the interlocal agreement subject to changes as
requested and negotiated by the City Attorney and Brevard County Attorney.
Mayor Tulley advised that there was one change to the interlocal agreement since the
staff report was published. The County and the City agreed to contribute $35,000 and
$25,000 respectfully in funding assistance for FY 2012-2013, not $30,000 and $30,000.
City Attorney Broome advised that he had reviewed the agreement and that there would
be recommended changes that included defining the relationship with the Chamber of
Commerce and that expenditures were related to facilitating revitalization of Titusville.
He advised that if Council chose to enter into the agreement, he would recommend it be
subject to changes made by and agreed to by City Attorney and the Brevard County
Attorney.
Motion:
Vice-Mayor Long moved to accept the Interlocal Agreement for Staff and Administrative
Services by and between Board of County Commissioners, Brevard County, Florida,
Titusville City Council and the Titusville Area Chamber of Commerce subject to the
changes made by and agreed to by the City Attorney and the Brevard County Attorney.
Member Burson seconded the motion. The motion carried 4-0 with Mayor Tulley
abstaining.
Mayor Tulley stated that the GTR Director would need to be someone that had
scheduling experience and recommended that under the “Position Description” a seventh
responsibility be added that would be “program scheduling”.
Motion:
Member Johnson moved to approve the job description for the Greater Titusville
Renaissance Coordinator adding the stipulation that person (Coordinator) was required to
have scheduling experience. Member Pritchett seconded the motion. The motion carried
unanimously.
xxx
PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)
Debbie Shuler stated the City created furloughs, but a $25,000 position was created that
the City was paying for partially with the County for a position at the Chamber of
Commerce that was really for the GTR.
xxx
Thomas Altif stated that he hoped that the Council would decide to take a pro-active role
in protecting the City’s greatest assets both the Merritt Island Wildlife Refuge and
Canaveral National Seashore Parks by instructing staff to study the economic impact of
potentially losing the parks. He stated that outside companies were attempting to acquire
properties in the parks and toxic contamination could result in the usage of those
properties. He asked that Council pass a resolution for transmittal to our Congressional
Delegation asking that the lands outside the Kennedy Space Center and Air Force Test
Range be deeded to the respective Federal Agencies who managed the Merritt Island
Wildlife Refuge and Canaveral National Seashore Parks and requested that each Council
Member state their positions relative to a launch site outside the Space Center restricted
area and on land managed by the Wildlife Refuge and Seashore Parks.
Vice-Mayor Long advised that she supported Tom Altif’s position and encouraged
Council to take action while there was still an opportunity.
Member Burson advised that she supported Tom Altif’s position.
xxx
Vida Escue thanked the Council for their support at the School Board meetings regarding
the closing of schools. She asked for Council’s further support on behalf of South Lake
Elementary School against the School Board if there were any dispute resolutions or
appeals in the future.
xxx
Reverend Glenn Dames thanked and expressed his joy in seeing the City Council show
their support at the School Board meetings regarding the closing of South Lake
Elementary School.
xxx
Mark Conklin stated that upon investigation of the existing Main Street Titusville Charter
according to the Florida Department of Historic Preservation the Main Street Titusville
Charter was alive and well and that he was still listed as the president of that association.
He advised that he requested a copy of the charter that he signed. He advised that he was
attempting to reconvene a functioning board of business and community leaders to
reinitiate some of the standing projects that he still had permission from the property
owners to complete. He asked Council for their support to endorse his efforts and to
make recommendations to him as to members from the community who could serve on
that board.
Vice-Mayor Long recommended that a 5013C be added in the process.
xxx
CONSENT AGENDA
Member Pritchett asked that a balance on the reserved funds be provided to Council at
the February 26, 2013 regular City Council meeting and City Manager Ryan advised that
it would be provided.
Motion:
Member Pritchett moved to approve Consent Agenda Items A through E in accordance
with recommendations upon reading. Member Johnson seconded the motion.
Consent Agenda was read as followed by City Manager Ryan.
A. Advisability – Amend the Land Development Regulations to allow the use of
pervious concrete on sites one (1) acre or greater – Staff was seeking City
Council’s direction regarding the Board of Adjustments and Appeals request to
remove the provision of the Code that limited the usage of pervious concrete to
sites on (1) acre or less.
B. Purchase of Ammunition, Less Lethal Munitions and Targets – Approve the
award of Bid #13-B-012 for the purchase of duty and live training rounds,
chemical agents, and specialty impact munitions (less lethal munitions) in the
amount of $18,216.39 to the vendors and in the amounts described: Dana Safety
Supply of Jacksonville, FL - $4,530.00; Lawmen’s & Shooters Supply, Inc. of
Vero Beach, FL - $4,234.30; DGG Taser, Inc. of Jacksonville, FL - $939.79;
Ruag Ammotec USA (State Contract) - $3,133.60; Safariland (State Contract) -
$5,374.70.
C. Advisability to prepare an ordinance relating to the Communications Services Tax
(CST) conversion rate for the City of Titusville as set forth in Florida Statute
202.20 (1) which was set to expire on December 31, 2013 – Authorize staff to
proceed with drafting an ordinance to adopt the Communications Services Tax
rate. The deadline to adopt the CST rate was September 1, 3013 for a January 1,
2014 effective date.
D. Appropriate State Forfeiture Fund Dollars – Contract Legal Representation and
Services in Civil Forfeiture/Seizure Matters – Appropriate and approve use of
$2,400.00 in State Forfeiture Funds to contract legal representation and services
to be provided by Gordon & Cornell (G&C), Attorneys at law.
E. Pension Reform Review – Approve Budget Amendment increasing the budget for
Project CM1103, Pension Plan Review, by $50,000.
The motion carried unanimously.
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ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION
Ordinance No. 5-2013 – Amending Chapter 39 of the Titusville Land Development Code
relating to Sidewalk Regulations
City Attorney Broome read ORDINANCE NO. 5-2013, AN ORDINANCE OF THE
CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE BY AMENDING CHAPTER 39, ARTICLE II, SECTION 39-47 “ROAD AND
SIDEWALK REQUIREMENTS”, BY AMENDING SIDEWALK REQUIREMENTS;
BY ESTABLISHING A SIDEWALK TRUST FUND AND BY SETTING FORTH
REQUIREMENTS FOR ADMINISTRATION AND USE OF THE SIDEWALK TRUST
FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE, the second time by title only.
City Manager Ryan advised that Section 39-47 stated that no certificate of occupancy
shall be issued until sidewalks were constructed, or the requirement for sidewalks were
waived or delayed. This had resulted in a number of "sidewalks to nowhere”. The
proposed ordinance established an option for property owners by creating a Sidewalk
Trust Fund when the immediate construction of a sidewalk was not practical, and set
forth factors to be utilized in the determination of practicality.
Contributions to the Sidewalk Trust Fund were calculated as 100% of the average
sidewalk construction costs on a per linear foot of street frontage basis as established by
the City's Public Works Director. Available funds would be used for the purpose of
constructing, upgrading or improving sidewalks along public streets within the City
limits.
The proposed ordinance also changed the minimum sidewalk width from four (4) feet to
five (5) feet consistent with ADA and FDOT standards.
The proposed ordinance was considered by the Planning and Zoning Commission on
January 16, 2013 and was recommended for approval by a vote of 6-0.
Mayor Tulley opened the public hearing. As no one wised to speak, the public hearing
was closed.
Motion:
Member Burson moved to approve Ordinance No. 5-2013 – Amending Chapter 39 of the
Titusville Land Development Code relating to Sidewalk Regulations, as recommended.
Member Johnson seconded the motion.
The roll call was:
Mayor Tulley Yes
Member Johnson Yes
Member Burson Yes
Member Pritchett Yes
Vice-Mayor Long Yes
The motion carried unanimously.
xxx
Ordinance No. 6-2013 – Amending Chapter 39, Article II, Section 39-48, “Bicycle
Facilities”
City Attorney Broome read ORDINANCE NO. 6-2013 AN ORDINANCE OF THE
CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE BY AMENDING CHAPTER 39, ARTICLE II, SECTION 39-48 “BICYCLE
FACILITIES”, BY ESTABLISHING AN ALTERNATIVE MECHANISM TO THE
CONSTRUCTION OF TRAILWAYS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE, the second time by title only.
City Manager Ryan advised that the proposed ordinance established an alternative
mechanism to the construction of trails for those properties that were required to
construct bicycle facilities designated in the Titusville Trailways Plan. In lieu of
construction, developments may complete all engineering and site work to construct the
bicycle facility and make a monetary contribution to the Sidewalk Trust Fund.
The ordinance was considered by the Planning and Zoning Commission on January 16,
2013 and was recommended for adoption by a unanimous vote of 6-0.
Mayor Tulley opened the public hearing. As no one wised to speak, the public hearing
was closed.
Motion:
Member Burson moved to approve Ordinance No. 6-2013 amending Chapter 39, Article
II, Section 39-48, “Bicycle Facilities”, as recommended. Vice-Mayor Long seconded the
motion.
The roll call was:
Member Johnson Yes
Member Burson Yes
Member Pritchett Yes
Vice-Mayor Long Yes
Mayor Tulley Yes
The motion carried unanimously.
xxx
Ordinance No. 7-2013 – Adoption of CPA 2012-01, Miracle City Mall Project
City Attorney Broome read ORDINANCE NO. 7-2013, 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
POLICY 1.11.15 OF THE FUTURE LAND USE ELEMENT BY CHANGING THE
MAXIMUM ALLOWABLE DENSITY AND INTENSITY FOR REDEVELOPMENT
SITE #1 (2500 SOUTH WASHINGTON AVENUE) AND ELIMINATING THE OPEN
SPACE LIMITATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE, the second time by title only.
City Manager Ryan advised that on December 13, 2011, City Council approved the
Preliminary Master Plan for a property located at 2500 S. Washington Avenue (Miracle
City Mall Property). One of the conditions placed on the approval of the Preliminary
Master Plan was that the development limitations for that property that were listed in
Policy 1.11.15 be revised to accommodate the new proposed project density and
intensities.
On January 10, 2012, the City Council recommended approval of transmittal of the text
amendments to the Department of Economic Opportunity (DOE) to allow certain limits
of density and intensity for the zoning of the property. Prior to the adoption meeting by
City Council to review the text amendments for approval of CPA 2012-01, the proposed
developer requested staff to table the amendments to discuss possible changes to the
limits of development. The DOE granted an extension to the City for six months and the
adoption phase of the comprehensive plan was proceeding once again with a change to
the intensity of the project that was proposed.
The DOE reviewed CPA 2012-01 and had no objections to the text amendments provided
in the previous report. They would review the changes of the proposed adoption package
based on the changes presented.
The adoptions of those text amendments went to the Planning and Zoning Commission
on March 21, 2012 and were recommended to be approved by City Council. Due to the
changes in intensity of the project, the Planning and Zoning Commission reviewed the
adoption package again on February 6, 2013.
The final adoption of the Master Plan would be processed at a future date.
Senior Planner Art Interiano advised that the Planning and Zoning Commission reviewed
this item on February 6, 2013 and recommended approval, 6-0.
Mayor Tulley opened the public hearing. As no one wised to speak, the public hearing
was closed.
Motion:
Member Johnson moved to approve Ordinance No. 7-2013 – Adoption of CPA 2012-01,
Miracle City Mall Project, as recommended. Member Burson seconded the motion.
The roll call was:
Member Burson Yes
Member Pritchett Yes
Vice-Mayor Long Yes
Mayor Tulley Yes
Member Johnson Yes
The motion carried unanimously.
xxx
Ordinance No. 8-2013 – Annual Update to the Capital Improvement Element (CIE) 2012
Adoption
City Attorney Broome read ORDINANCE NO. 8-2013, 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, 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
PROVIDINNG FOR AN EFFECTIVE DATE, the second time by title only.
City Manager Ryan advised the document represented the City of Titusville’s Annual
Update to the Five Year Capital Improvements Element, consistent with Chapter
163.3177.(3)(b)1, Florida Statutes. The annual update was the adoption of the Five Year
Capital Improvements Schedule. It included a variety of elements for the community in
terms of water, sewer, transportation, stormwater, solid waste, public parks and
recreation, and public schools.
Mayor Tulley asked whether there would be any ramifications from the closure of South
Lake Elementary School that would affect the plan.
Senior Planner Interiano advised that not for the 2012 school year. For the following
year, the tables where the schools were listed would change and some capacities for other
schools would change.
Mayor Tulley opened the public hearing. As no one wised to speak, the public hearing
was closed.
Motion:
Member Pritchett moved to approve Ordinance No. 8-2013 – Annual Update to the
Capital Improvement Element (CIE) 2012 Adoption, as recommended. Vice-Mayor
Long seconded the motion.
The roll call was:
Member Pritchett Yes
Vice-Mayor Long Yes
Mayor Tulley Yes
Member Johnson Yes
Member Burson Yes
The motion carried unanimously.
xxx
ORDINANCES-FIRST READING
Ordinance No. 9-2013 – Transportation Impact Fee Moratorium Extension
City Attorney Broome read ORDINANCE NO. 9-2013, AN ORDINANCE OF THE
CITY OF TITUSVILLE, FLORIDA AMENDING ORDINANCE NO. 2-2010,
ORDINANCE NO. 33-2011 AND ORDINANCE NO. 12-2012 BY EXTENDING THE
SUNSET PROVISION OF SAID ORDINANCES WHICH ESTABLISHED A
MORATORIUM (DEFERMENT) ON THE COLLECTION OF TRANSPORTATION
IMPACT FEES FROM RESIDENTIAL OR COMMERCIAL PROJECTS IMPOSED
PURSUANT TO SECTION 47-314 OF THE LAND DEVELOPMENT
REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by
title only.
xxx
OLD BUSINESS - None
xxx
NEW BUSINESS – None
xxx
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM)
Misty Belford thanked the Council for their support throughout the discussions of the
public school closures. She stated that the support of the Council provided
encouragement for other municipalities to feel comfortable to step into the discussion
regarding school closures. She asked that as the Council moved forward to keep in mind
the power they had in encouraging others to follow.
City Manager Ryan commended Ms. Bellford for a job well done for her role in the
discussions of the Public School Closure.
xxx
MAYOR AND COUNCIL REPORTS
Mayor James H. Tulley, Jr. Report – Mayor Tulley provided a written report.
Space Coast League of Cities – Mayor Tulley advised that he attended the Space Coast
League of Cities meeting on Monday, February 11, 2013. The president of the Florida
League of City’s spoke at the meeting and confirmed his number one priority was
pension reform. The Space Coast League of City’s confirmed their three main priorities
were pension reform, the communications service tax, and business tax receipts. He
advised that he planned on going to Tallahassee in early March 2013 to lobby the
legislature on behalf of the Space Coast League of Cities and would be representing the
16 municipalities of Brevard County.
xxx
Space Coast Transportation Planning Organization Meeting – Mayor Tulley advised that
he was unable to attend the Space Coast Transportation Planning Organization Meeting.
Vice-Mayor Long advised that she attended the Space Coast Transportation Planning
Organization Meeting and that Mayor Tulley was re-elected to the Executive Committee.
She stated that presentations were made by a consultant for the State of Florida mapping
the trails plan and had elaborate charts showing bicycle trails going down State Road 3.
She asked whether that was an issue because she thought, bicycles were not allowed on
State Road 3 and whether any action needed to be taken to reach out to the Transportation
Planning Organization (TPO) to see whether they were aware of the plan and were
working the issue.
City Manager Ryan advised that the Mayor had been involved in discussion with
Congressman Posey’s office to work the issue, but the TPO could be advised of the issue
because it needed to be addressed and could not be ignored.
She advised that on March 14, 2013, the consultant group was planning a public hearing
in Titusville on the trails program in the Council Chamber.
xxx
Vice-Mayor Long advised that that she had attended the Korean War Veteran Memorial.
It was the 60th
anniversary of the Koren War and the Defense Department made it a
project to recognize the Korean War Veterans. There was an event at the Great Outdoors
honoring the Veterans and two military aids from the Defense Department were in
attendance to present the awards. The City of Titusville was presented a recognition of a
picture of the Korean War Veterans Memorial in Washington DC. She advised that the
Defense Department would provide a certificate to any Korean War Veteran and advised
that if any of the public knew of a Korean War Veteran, they could contact the City
Manager’s Office for more information on how to provide the names to the Defense
Department.
xxx
North Brevard County Hospital District Board Meeting – Member Pritchett provided
Council a copy of a report from the North Brevard County Hospital District Board
Meeting. She advised that there were two new members on the North Brevard County
Hospital District Board and one of the members was Stanley Retz. She also advised that
the hospital was still very committed to the mall project.
Mayor Tulley requested City Manager Ryan provide him the names of the other newly
appointed North Brevard County Hospital District Board Members.
xxx
CITY MANAGER’S REPORT
City Manager’s Report - City Manager Ryan submitted his written report and highlighted
as followed:
Action Items
Discussion and Council Direction Concerning the Dispute Resolution Process within the
2008 Interlocal Agreement with Brevard County School Board, Brevard County
Commission and Brevard’s Municipalities.
On November 9, 2012 the School Board Superintendent announced at a public facilities
workshop with the School Board his recommendation to close four schools as part of a
larger budget reduction strategy after the failure of a voter referendum on November 6,
2012 to provide the School Board with a half cents sales tax. The four schools being
contemplated were South Lake Elementary in Titusville, Clearlake Middle School in
Cocoa, Gardendale Magnet School in Merritt Island, and Sea Park in Satellite Beach.
On December 11, 2012, the School Board voted (3-2) to complete the next step of the
school closure process, which was a public hearing on January 22, 2013. At the January
Public Hearing, the School Board delayed action on this issue until February 12, 2013 to
allow the Capital Outlay Committee, a committee established in conformance with the
June 2008 Interlocal Agreement, to adequately review and make recommendations.
Staff was seeking direction whether to initiate the Dispute Resolution process. If the
Council selected to initiate the process, a lot of research would be required and public
records would need to be obtained from the School Board. Staff would have only two
weeks to gather data to assist Council in making an informed decision regarding this item
at the next regular City Council meeting on February 26, 2013.
City Attorney Broome distributed three instruments to the Council regarding the recent
decision by the Brevard County School Board to close South Lake Elementary School
and two other schools: (1) Copy of the 2008 - Interlocal Agreement for Public School
Facility Planning and School Concurrency; (2) Interoffice memo from City Attorney
Emeritus Dwight Severs requesting Council authorization to make a public records
request based upon the recent decision by the School Board to close South Lake
Elementary School; and (3) Interoffice memo from City Attorney Richard Broome to
Council regarding conflict procedures provided in the Florida Statutes. City Attorney
Broome highlighted the instruments distributed to the Council that included the process
for initiating a Dispute Resolution as outlined in Section 17 of the 2008 Interlocal
Agreement with the Brevard County School Board, Brevard County Commission and
Brevard’s Municipalities.
Discussion ensued.
Motion:
Vice-Mayor Long moved to approve advisability for the City Manager and the City
Attorney to proceed with constructing a Dispute Resolution utilizing and obtaining any
documentation to support initiating a Dispute Resolution. Member Johnson seconded the
motion. The motion carried unanimously.
xxx
Capital Outlay Budget Amendment – Grit Pump for Water Reclamation
During FY 2012, the City budgeted $10,000 in a Capital Outlay Project to purchase a
Grit Pump for Water Reclamation. The bids received in the summer of 2012 were all in
excess of the budgeted amount. On July 10, 2012, the purchase was brought to Council
for approval and included a budgeted transfer of $4,267 from Water Resources Working
Capital. The item was approved in accordance with recommendations. As the end of the
fiscal year neared, the pump had not yet been received and was placed on the carry
forward list. When creating the carry forward list, the Grit Pump was inadvertently listed
at the amount as originally budgeted and failed to include the additional budget transfer.
Therefore, the Capital Outlay Project was underfunded in the current fiscal year and had
a budget of $10,000.
Based upon this information, staff requested approval of a budget amendment reflecting
the previously approved budget transfer of $4,267 from Water Resources Working
Capital.
Motion:
Vice-Mayor Long moved to approve a the Capital Outlay Budget Amendment for the
Grit Pump for Water Reclamation reflecting the previously approved budget transfer of
$4,267 from Water Resources Working Capital, as recommended. Member Pritchett
seconded the motion. The motion carried unanimously.
xxx
Request by the Titusville Cocoa Airport Authority to Support Spaceport Designation
Legislation
The Titusville Cocoa Airport Authority (TICO) submitted legislation to designate
properties owned by the authority at or near Space Coast Regional Airport as a licensed
Space Port Territory. TICO had approached the City and Brevard County to endorse
including in this legislation property in the Spaceport Commerce Industrial Park.
Motion:
Member Pritchett moved to authorize City Manager Ryan to send a letter of support for
expanding the boundaries of the Space Port Territory legislation to include the Spaceport
Commerce Park, as requested. Vice-Mayor Long seconded the motion. The motion
carried unanimously.
xxx
Student Awards Ceremony
The City Council holds an annual awards ceremony to recognize academic
accomplishments of students from public and private elementary, middle, high schools in
Titusville and North Brevard County. The ceremony aligns with the City Council’s
objective of investing in the City’s youth.
The costs associated with renting the Titusville High School Performing Arts Center from
the Brevard County School Board was $800.00. However, there was significant amount
of staff time dedicated to holding this event. In light of the budget constraints, including
the imposition of furlough days, City Manager Ryan wanted to inquire whether Council
desired to proceed with the 2013 Student Awards Ceremony.
If Council elected to proceed with the 2013 event, City Manager Ryan would inquire
whether Council’s schedules would allow this event to be held on Wednesday, May 1,
2013 at 6:00 p.m.
Motion:
Member Johnson moved to direct staff to move forward with the Student Awards
Ceremony scheduled for Wednesday, May 1, 2013 at 6:00 p.m. Vice-Mayor Long
seconded the motion. The motion carried unanimously.
xxx
February 26, 2013 Presentation Meeting
The second City Council meeting of each month was scheduled to begin at 5:30 p.m. to
allow for presentations and recognitions. City Manager Ryan inquired whether Council’s
schedules would allow the February 26, 2013 presentation meeting to begin at 4:30 p.m.
in order to provide a first quarter review of the finances and other budgetary issues. In
addition, to include the video premier of the recycling video that was created by the
Media Services Department that was not presented at the last City Council meeting.
Council agreed to authorize the regular City Council meeting scheduled on February 26,
2013 at 5:30 p.m. to begin at 4:30 p.m. in order for staff to provide a first quarter review
of the finances and other budgetary issues and to provide a presentation of the video
premier of the recycling video created by Media Services Department.
xxx
City Manager’s Evaluation Form
At a previous City Council meeting, Council received a request from Vice-Mayor Long
to review the form utilized in the 2012 City Manager’s Evaluation and to submit
proposed changes for consideration. The only changes submitted to date were from Vice-
Mayor Long. The form was included in the agenda packet.
It was appropriate to act upon those requested changes.
Vice-Mayor Long advised that the excel spreadsheet containing the City Manager’s
Evaluation held more data than was viewable on the pdf copy of the form.
Mayor Tulley recommended delaying any action to allow additional time to review the
excel spreadsheet with additional comments and requested City Manager Ryan to add this
as an agenda item for the next regular City Council meeting on February 26, 2013.
None of the Council objected.
Mayor Tulley requested that the excel copy of the City Manager’s Evaluation Form be
re-distributed to the Council following the meeting.
xxx
Informational Items
Saturday, March 9, 2013 – Prediction Market Project, Parrish Medical Center -
9:00 a.m. to noon
Saturday, February 23, 2013 – Titusville Rotary Chili Cook-off & 5K Run,
Downtown Titusville @ 6:00 p.m.
Wednesday, February 20, 2013 – SEDC Winter Luncheon, La Cita Country Club
@ 11:30 a.m.
Tuesday, March 5, 2013 – Mock Student City Council meeting, Council
Chambers @ 6:30 p.m.
Monday, February 25, 2013 - Titusville Renaissance Event (party) at the Miracle
Mall site to show the developer and the commercial retail establishments that they
were wanted in Titusville, Monday @ 5:00 p.m. The Council was invited to
attend.
Wildlife Federation Project was on hold.
xxx
City Manager Ryan advised that the excel copy of the City Manager’s Evaluation form
was copied onto Council’s computers.
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CITY ATTORNEY’S REPORT - None
xxx
With no further business, the meeting adjourned at 9:45 p.m.
______________________________
James H. Tulley, Jr., Mayor
ATTEST:
______________________________
Wanda F. Wells, City Clerk