city council regular meeting february 14, 2013 february... · city council regular meeting february...

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.

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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.

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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.

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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.

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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.

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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.

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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.


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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.

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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.

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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.

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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.

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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.


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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.


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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.

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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.

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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.

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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.

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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.

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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.

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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.


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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 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


Vice-Mayor Long Yes


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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.


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


Vice-Mayor Long Yes

Mayor Tulley Yes


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Ordinance No. 7-2013 – Adoption of CPA 2012-01, Miracle City Mall Project


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.


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


Vice-Mayor Long Yes

Mayor Tulley Yes

Member Johnson Yes


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Ordinance No. 8-2013 – Annual Update to the Capital Improvement Element (CIE) 2012

Adoption


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.


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:


Vice-Mayor Long Yes

Mayor Tulley Yes

Member Johnson Yes

Member Burson Yes


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ORDINANCES-FIRST READING

Ordinance No. 9-2013 – Transportation Impact Fee Moratorium Extension


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.

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OLD BUSINESS - None

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NEW BUSINESS – None

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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.

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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.

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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.

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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.

xxx

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

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