City Council
Regular Meeting
August 13, 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 Tuesday, August 13, 2013.
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Mayor Jim Tulley called the meeting to order at 6:30 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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Sharon Nardone of Spirit Fire Church was present to give the invocation. Mayor Tulley
led those present in the Pledge of Allegiance to the Flag.
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Mayor Tulley read the public speaking procedures for the meeting.
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MINUTES
Motion:
Member Pritchett moved to approve the minutes of the regular City Council meetings on
July 9, 2013 and July 23, 2013 (5:30 p.m.), and special City Council meeting on July 29,
2013, as submitted. Vice-Mayor Long seconded the motion. The motion carried
unanimously.
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SPECIAL RECOGNITIONS & PRESENTATIONS
Presentation by Troy Post, Executive Director of the North Brevard Economic
Development Zone and Cliff Aiken, Exxcel Project Management on the Redevelopment
of the Miracle City Mall and Requesting Advisability to Develop an Interlocal
Agreement for Financing Pubic Improvements for the Miracle Mall Project – City
Manager Ryan advised that Troy Post, Executive Director of the North Brevard
Economic Development Zone and Cliff Aiken, Exxcel Project Management would
provide a presentation on the redevelopment of the Miracle City Mall and was requesting
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advisability to develop an Interlocal Agreement for financing public improvements for
the Miracle City Mall Project.
Troy Post, Administrator for the North Brevard Economic Development Zone (The
Zone), stated that the redevelopment of Miracle City Mall would be a difficult project in
regards to marketing the mall space to tenants and to convince them there was a
marketing trade area. For that reason, the Zone had been approached regarding the need
to assist the developer with certain public infrastructure improvements that would assist
in moving forward with the project. Mr. Post also provided an update on the progress of
the redevelopment of Miracle City Mall.
Cliff Aiken, Exxcel Project Management, stated that he and Allan Goins were the codevelopers of the Miracle City Mall Project and he provided the background as to why
the existing Community Redevelopment Agency (US 1 Corridor Community
Redevelopment Agency) was abandoned originally on the mall site. He also provided an
update on the redevelopment of the Miracle City Mall.
Motion:
Member Johnson moved to accept the presentation by Troy Post, Executive Director of
the North Brevard Economic Development Zone and Cliff Aiken Exxcel Project
Management on the redevelopment of the Miracle City Mall and to approve the
advisability to develop an interlocal agreement for financing pubic improvements for the
Miracle City Mall Project, as recommended. Vice-Mayor Long seconded the motion.
The motion carried unanimously.
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BOARDS AND COMMISSIONS
Titusville Environmental Commission – City Manager Ryan advised that the
recommended action was to appoint one (1) alternate member to the Titusville
Environmental Commission for an unexpired term to expire on November 30, 2015.
There were two vacancies for alternate members with one term to expire on November
30, 2013 and one term to expire on November 30, 2015. There was one application on
file for consideration. Ms. Beth Ann Tucker expressed her willingness and desire to
serve on this commission as an alternate member. Staff recommended Ms. Tucker be
appointed to the unexpired term that would expire on November 30, 2015.
Motion:
Member Pritchett moved to appoint Beth Ann Tucker as an alternate member of the
Titusville Environmental Commission for an unexpired term to expire on November 30,
2015, as recommended. Member Johnson seconded the motion. The motion carried
unanimously.
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Board of Adjustments and Appeals– Mayor Tulley advised that the Board of Adjustments
and Appeals semi-annual was a report written.
Vice-Mayor Long asked what the relationship of the variances, in the semi-annual report,
were to the shoreline.
City Engineer Woody Rice advised that the variances were all on side setbacks, not rear
setbacks and they would need to comply with all the rear and front setbacks as the zoning
category required. Variance Application No. 10-2013 through Variance Application No.
18-2013 were for different lots, but each of the applications requested the same variance.
Vice-Mayor Long asked whether the variance requests would impact the Indian River
Lagoon.
City Engineer Woody Rice advised that the variances would not impact the Indian River
Lagoon. He stated that the variances were for the side setbacks and that the Indian River
Lagoon was on the rear of the lots.
Motion:
Vice-Mayor Long moved to approve the Board of Adjustments and Appeals SemiAnnual report, as written. Member Burson seconded the motion. The motion carried
unanimously.
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PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) –
Erik Worthington stated that his home in the Bakers Subdivision was in a flood zone and
Zoned AE. He recently received information regarding a study that was completed by
FEMA in 1984 and it was provided to the City. He stated that the study showed that the
Bakers Subdivision should be taken out of the flood zone and re-zoned to Zone X. He
asked why the rezoning had not been completed. He also advised that the current zoning
increased his homeowner’s insurance and decreased the value of his property.
Mayor Tulley asked staff to review Mr. Worthington’s concern.
City Engineer Rice advised that the flood zone designation was not a City designation,
but a FEMA designation. When a study was completed, the person performing the study
should submit it to FEMA for review to determine whether the FEMA maps would be
amended and that process did not take place for this study.
Vice-Mayor Long asked for the options as they related to determining whether Mr.
Worthington’s property was zoned correctly.
City Engineer Rice advised that the options were as followed:
1. Submit a Letter of Map Amendment (LOMA) application.
2. Submit the 1984 study to FEMA.
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3. Complete an updated study.
City Engineer Rice advised that he was willing to work with citizens on the LOMA
process.
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Laurilee Thompson stated that “Money Magazine” reported on the best places to live in
America and that she felt Titusville had a lot in common with the top winners and that
Titusville would eventually be a winner. She advised that the Florida Wildflower
Symposium would be coming to Titusville, September 27 and 28, 2013, and they were
looking for sponsors to assist in defraying the cost. A $100 donation would provide a
thank you on the Florida Wildflower Symposium webpage, a link to their sponsor
website, thanks at their annual meeting, recognition in their annual report, and a one-year
business contributor Florida Wildflower Foundation membership. She advised that the
information was available on the Florida Wildflower Foundation website.
Motion:
Vice-Mayor Long moved to allow Laurilee Thompson one additional minute to speak.
Member Johnson seconded the motion. The motion carried unanimously.
Laurilee Thompson stated that donations were a great opportunity to show the Florida
Wildflower Foundation that the City wanted them to come to Titusville. She advised that
donations could be sent to the Florida Wildflower Foundation, 225 South Swoop Avenue,
Maitland, Florida 32754 or sent directly through their website. She advised that she
would provide the information to City Manager Ryan.
Member Johnson requested the information on the Florida Wildflower Foundation’s
Annual Florida Wildflower Symposium be made available on the City’s website and
Channel 99.
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Joyce Horton stated that she owned property in the Bakers Subdivision and that she was
paying flood insurance on her property. She advised that she was puzzled why nothing,
as it related to the rezoning of her property, had been completed based on the study that
was completed in 1984. If her property was not required to be classified as a flood zone,
she wanted her property to be rezoned. She advised that the flood zone classification
would also be a hindrance if she tried to sell her home.
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Stan Johnston advised that he would donate $100 to the City for them to sponsor the
Florida Wildflower Symposium.
City Manager Ryan advised that staff was already looking into the City providing
sponsorship for the Florida Wildflower Symposium.
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Mr. Johnston advised that there was a misunderstanding on the date the study was
completed as previously stated by Ms. Horton and Mr. Worthington, as the study was
completed in 1997. He read from a 1997 flood study paid for by the City. He stated that
there was only one area that needed to be removed from the flood zone according to the
study and it was the properties in the Bakers Subdivision. He advised that these
properties had not been removed from the flood zone. He commented on the 100-year
storm calculations as it related to the two dams that were erected at the Senior Center.
Mr. Johnston stated that the City had the paperwork from the flood study and that the
calculations were available to be submitted to FEMA.
City Engineer Rice advised that the City did not establish flood elevations and that the
flood elevations came from FEMA. The City provided the flood studies to FEMA as
they were received to assist FEMA in making those determinations.
Motion:
Member Burson moved to allow Stan Johnston one additional minute to speak. Member
Pritchett seconded the motion. The motion carried unanimously.
Stan Johnston advised that since 1997, the City had erected two dams and the
calculations would need to be included in the report submitted to FEMA.
City Engineer Rice advised that he was willing to meet with the community to assist
them in submitting whatever information supported the LOMA, regardless of what study
supported the change.
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CONSENT AGENDA
Vice-Mayor Long requested to address Consent Agenda Item 8-I separately.
Member Pritchett requested to address Consent Agenda Items 8-A, 8-B, and 8-F
separately.
Member Burson requested to address Consent Agenda Item 8-N separately.
Motion:
Member Pritchett moved to approve Consent Agenda Items C, D, E, G, H, J, K, L, M and
O in accordance with recommendations upon reading. Member Burson seconded the
motion.
Consent Agenda was read as followed by City Manager Ryan.
C. Consulting Services – Downtown Regional Stormwater Program - Approve
final ranking of consultants for the Downtown Regional Stormwater Program and
authorize contract negotiation with the top ranked firm, Geosyntec Consultants of
Titusville, Florida the number one ranked firm, and if the City was unable to
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negotiate a satisfactory contract with Geosyntec, terminate negotiations with said
firm and undertake negotiations with the second ranked firm, and so on.
D. Fencing Contracting Services – Approve award of bid ITB #13-B-035 Fencing
Contracting Services to All-Rite Fence Services, Inc.; Atlantic Fence of Brevard,
LLC; and East Coast Fence & Guardrail of Brevard during a three (3) year term
ending on January 22, 2016, with the option to renew for one (1) additional two
(2) year period; include the awarded firms in the approved Vendor of Record List
for Fencing Contracting Services; and authorize the City Manager to issue
purchase order(s) on an as needed basis in accordance with the authorization
permitted for Vendors of Record.
E. Continuing Engineering Services – Community Park – Approve final ranking
of consultants for the Community Park work type and authorize contract
negotiation with the top ranked firm, Bellomo Herbert of Orlando, Florida the
number one ranked firm, and if the City was unable to negotiate a satisfactory
contract with Bellomo Herbert, terminate negotiations with said firm and
undertake negotiations with the second ranked firm, and so on.
G. Brevard County V. District School Board; Conflict Resolution; Waiving
Deadlines Under Chapter 164, Florida Statutes – Approval of request for waiver
of deadlines under Chapter 164, Florida Statutes.
H. Stormwater Pipe Replacement on Casper Place South – Approve award of
contract to Environmental Land Development Inc., Ft. Pierce, FL, in the amount
of $31,046.88, for the replacement of a stormwater pipe under Casper Place South
and authorize the City Manager to execute the contract.
J. General Employees’ Pension Plan Ordinance Internal Revenue Code changes Advisability to proceed with General Employees’ Pension Plan Ordinance Internal Revenue Code changes as recommended by the attorney for the Pension
Board.
K. Police and Fire Pension Plan Ordinance – Internal Revenue Code changes Advisability to proceed with Police and Fire Pension Plan Ordinance - Internal
Revenue Code changes as recommended by the attorney for the Pension Board.
L. Acceptance of Easement - Accept Utility Easement from Ron Norris, LLC.
M. Request to utilize City seal for the Hands Across the Lagoon event - Allow
the use of the City seal on the flyer for the Hands Across the Lagoon event.
O. Advisability to develop an ordinance establishing a development permit
moratorium for the Indian River City Neighborhood Plan designated area for 6
months - Approve advisability to develop an ordinance establishing a moratorium
on all development permits that were inconsistent with the Indian River City
Neighborhood Plan for a period of 6 months.
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The motion carried unanimously.
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Vice-Mayor Long requested additional information regarding making donations for the
Florida Wildflower Symposium. She asked the Members of Council that were also
Members of the Greater Titusville Renaissance (GTR) to consider presenting the concept
to start planting the wildflowers to the GTR and to incorporate it into the median
beautification.
Member Burson advised that it was difficult to plant and maintain the wildflowers due to
the lawnmowers. She recommended a committee to discuss and develop a process on
how to implement and sustain wildflowers.
Mayor Tulley advised that the GTR already had a committee for medians and
landscaping and he would present the wildflower concept to that committee. He stated
GTR might attract new members based on additional functionality of that committee. He
recommended not starting another committee, as there was one already in place to handle
recommendations such as developing a process on how to implement and sustain
wildflowers.
City Manager Ryan advised that the City had already implemented a sponsorship for the
Florida Wildflower Symposium and he would be happy to put the information on the
City’s website.
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Consent Agenda Item 8-A
Neighborhood Services Department Policy and Procedures Guidelines for grant funded
Housing Programs - Accept and approve proposed updates to the Neighborhood Services
Department policy and guidelines with regard to grant funded Housing Programs and
implementation thereof.
Member Pritchett requested that the change to remove the requirement that Council
approve assistance exceeding $50,000, not be removed. She stated that amount of money
needed to have Council’s consideration and she advised that she would like the $50,000
amount lowered.
Neighborhood Services Director Terrie Franklin advised that a $60,000 cap was specified
in the approved and adopted Community Development Block Grant (CDBG) and HOME
Action Plans as well as the 3-Year State Housing Initiatives Partnership (SHIP) Program
and staff was trying to make the policy changes in line with those plans.
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Mayor Tulley stated that this was Federal Money. He asked whether there were rules and
regulations attached to the money that would make it nearly impossible to spend the
money indiscriminately.
Neighborhood Services Director Franklin advised that the dollar limits for the grants
were increasing. When homes were rehabilitated, it was required that they be brought
completely up to the current code regulations and standards.
Vice-Mayor Long asked how much time it would add to processing the request for a
grant if it had to come before Council and whether it would create a greater probability
for the City to loose funds because the request were not processed quick enough.
Neighborhood Services Director Franklin advised that it would add some challenges to
the process. Depending on when during the application process Council wanted to see
the request, it could add an additional thirty days.
Vice-Mayor Long recommended creating a report for Council that included where and
how the money was spent and what value it added to the community and property owner.
She stated that there were criteria that had to be followed and she was not sure what the
benefit would be by adding the Council to the process.
Neighborhood Services Director Franklin advised that the Council was provided an
annual report, but a quarterly report could also be provided.
Member Johnson cautioned against impeding the grant process and that he would be
satisfied with a post review of the grants.
Discussion ensued.
Motion:
Member Pritchett moved to accept and approve the proposed updates to the
Neighborhood Services Department policy and guidelines with regard to grant funded
Housing Programs and implementation thereof; with Council to approve assistance
exceeding $50,000, as modified and to include a reporting process with detailed reports
to Council for all large sum amounts approved for grants, as discussed.
City Manager Ryan advised that Council’s approval for assistance was currently any
requests exceeding $50,000.
Neighborhood Services Director Franklin recommended at the next annual cycle in
December, staff could inquire from Council what type of programs they would like to see
with the HOME and SHIP Programs.
City Manager Ryan clarified Member Pritchett’s motion included the request for
reporting requirements for all assistance between $25,000 to $50,000 on a monthly or
quarterly basis.
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Member Johnson seconded the motion.
The motion carried unanimously
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Housing Rehabilitation Agreement between City and Owner of 1610 Gayle Avenue Approve the execution of an agreement between the City and Owner of property located
at 1610 Gayle Avenue, for the rehabilitation of said property in accordance with policy
and HOME grant program regulations; and authorization for the Mayor to execute the
necessary documents to secure the City's interest in the property.
Member Pritchett advised that she would not approve this item and that was the reason
she requested that Council vote on it individually. She stated that she had an ethical issue
with approving the amount of money requested for one home.
Neighborhood Services Director Franklin advised that the home was built after 1978, was
a one owner home, the owner was a longtime resident, was elderly, disabled, and unable
to make necessary repairs to his home. The amount of the contracts were the actual bid
amounts and the lowest bid was the one the City accepted. She advised that some items
were deleted to get the bid below the $60,000 threshold.
Vice-Mayor Long stated that it was indicated that a lease would be placed on the home
with a sliding scale and asked whether that was true for all improvements.
Neighborhood Services Director Franklin advised that liens were placed on all projects
except emergency improvements up to $5,000.
Discussion ensued.
Motion:
Member Burson moved to approve the execution of an agreement between the City and
Owner of property located at 1610 Gayle Avenue, for the rehabilitation of said property
in accordance with policy and HOME grant program regulations for the amount of
$57,000 and authorize the Mayor to execute the necessary documents to secure the City’s
interest in the property, as modified. Vice-Mayor Long seconded the motion. The
motion carried 4-1 with Member Pritchett opposed.
Neighborhood Services Director Franklin asked if a change order was needed, would
staff need to come back to Council for approval for the additional money up to $60,000.
Motion:
Member Burson moved to approve up to $57,655 for rehabilitation of property located at
1610 Gayle Avenue in accordance with policy and HOME grant program regulations and
authorize the City Manager to approve any change orders up to a maximum of $60,000.
Vice-Mayor Long seconded the motion. The motion carried unanimously.
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Fire HQ Storefront Improvements – Change Order #2 - Approve the award of change
order #2 in the amount of $15,408 to the Watauga Company of Titusville, Florida for the
replacement of ten (10) windows in Fire Headquarters with impact resistant glass to
allow the building to operate during inclement weather without the need for any shutter
usage on the building; and authorize the City Manager to execute change order #2.
Member Pritchett asked whether the windows in the Fire Headquarters were leaking or
broken and if new windows were needed at this time. She advised that she was not sure
it was a worthy expense just to save time in the event there was a storm.
Public Works Director Kevin Cook advised that the funds were a portion of the public
safety referendum and were restricted and only available for facility upgrades and could
only be used for the buildings. The Fire Headquarters building was part of the
Emergency Operations Center (EOC) and impact resistance windows would allow
visibility to monitor the storms rather than through shutters that hindered visibility. It
would also assist the Public Works department with the availability of their bucket truck
to assist in putting storm shutters on other City buildings prior to a storm. He advised
that replacement of the windows would make the Fire Headquarters building turn key
emergency ready.
City Manager Ryan advised that the Fire Headquarters building was the City’s main
emergency operations center during a storm event. Staff felt replacing the windows on
the building with impact resistance windows to enhance the emergency operations was a
good use of the funds.
Motion:
Vice-Mayor Long moved to approve the award of change order #2 in the amount of
$15,408 to the Watauga Company of Titusville, FL for the replacement of ten (10)
windows in Fire Headquarters with impact resistant glass to allow the building to operate
during inclement weather without the need for any shutter usage on the building; and
authorize the City Manager to execute change order #2, as recommended. Member
Burson seconded the motion. The motion carried 4-1 with Member Pritchett opposed.
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Corridor Study for Garden Street State Road 406 – Staff requested authorization to
proceed with applying for a Corridor Study for Garden Street with the goal of making
design improvements based on the Complete Street guidelines.
Vice-Mayor Long asked whether the Council should prioritize the projects for staff
before they met with Kittleson and Associates, Transportation Planning Organization
(TPO) staff and Florida Department of Transportation (FDOT) on August 26, 2013 to
discuss what final projects would be considered for funding.
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Interim Planning and Growth Management Director Peggy Busacca advised that in her
opinion, the US 1 Hwy Corridor Study was long term, Garden Street State Road 406
Study was middle term and Eco-Heritage Trail Feasibility Study was short term.
Motion:
Vice-Mayor Long moved to submit the three projects as short-term, mid-term, and longterm: Eco-Heritage Trail Feasibility Study, Garden Street State Road 406 Study, and US
1 Hwy Corridor Study, in accordance with recommendations. Member Johnson
seconded the motion.
Mayor Tulley asked whether staff’s original request for authorization to proceed with
applying for a Corridor Study for Garden Street was strictly related to Garden Street and
was not related to the Eco-Heritage Trail Feasibility Study and the US 1 Hwy Corridor
Study.
Interim Planning and Growth Management Director Busacca advised that Mayor Tulley
was correct, but the idea was that the three projects would be discussed at the meeting
and there might be a request for prioritization.
Vice-Mayor Long amended her motion to include authorization to proceed with applying
for a Corridor Study for Garden Street with the goal of making design improvements
based on the Complete Street guidelines. Member Johnson’s second held. The motion
carried unanimously.
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Advisability - Landscape Enhancement Grant - Approve advisability to resurrect the
Landscape Enhancement Grant.
Member Burson recommended that rather than spreading out the $100,000 grant money,
it should be spent on what the Comprehensive Plan specified, which was to evaluate
conservation lands for their qualities for acquisition or protection. She recommended not
making a decision and asked staff to review other options for allowable uses for the grant
money, research why the City was not already fulfilling the mandate of the
Comprehensive Plan that stated the City would evaluate the conservation lands, and
whether the money could be used in some way toward the mandate.
City Manager Ryan advised that in light of the latest court decision, regarding the St.
John River Management District, it would not be appropriate to utilize the trust fund for
the acquisition of conservation properties. If the grant money was used for acquisition of
conservation land, it would be in conflict with that court decision.
City Attorney Broome advised that the money should be used in consistent with the
purpose it was received.
Vice-Mayor Long recommended including a requirement in the grant criteria, that
maintenance to landscape paid for with tax dollars was required.
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Motion
Member Johnson moved to table the Advisability – Landscape Enhancement Grant to the
regular City Council meeting August 27, 2013 at 6:30 p.m. with the intent of City
Attorney Broome providing additional information on the allowable uses of the grant
money. Member Pritchett seconded the motion. The motion carried unanimously.
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Council recessed at 9:13 p.m. and reconvened at 9:20 p.m.
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ORDINANCES-SECOND READING,
ACTION
PUBLIC HEARINGS
& RELATED
Ordinance No. 24-2013 – Amendment to Chapter 15, Pensions and Retirement, Article II,
General Employees’ Pension Plan, Section 15-26 Definitions
City Attorney Broome read ORDINANCE NO. 24-2013, AN ORDINANCE OF THE
CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 15, PENSIONS AND
RETIREMENT, ARTICLE II, GENERAL EMPLOYEES’ PENSION PLAN, OF THE
CODE OF ORDINANCES OF THE CITY OF TITUSVILLE; AMENDING SECTION
15-26, DEFINITIONS; CREATING A NEW SECTION 15-36, BENEFIT FREEZE;
AMENDING SECTION 15-96, NORMAL RETIREMENT; AMENDING SECTION 15100, VESTING; CREATING A NEW SECTION 15-105, BENEFITS EFFECTIVE
AUGUST 26, 2013; AMENDING SECTION 15-110, DEFERRED RETIREMENT
OPTION PLAN; REPEALING ALL ORDINANCS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE, the second time by title only.
City Manager Ryan advised that one of the top priorities of the City Council was
reforming the City's pension programs. The changes to the General Employees' pension
plan included a benefit freeze followed by a reduction in future benefits. The reduced
benefits included a 2.0% multiplier for future service, a normal retirement date of age 62
with 10 years of service or 30 years of credited service, and no DROP. These benefit
changes were collectively bargained between the City and the Laborers' International
Union of North America (LIUNA) and presented to the City Council during the City
Impasse Resolution Hearing dated June 18, 2013.
Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing
was closed.
Motion:
Member Pritchett moved approve Ordinance No. 24-2013 – Amendment to Chapter 15,
Pensions and Retirement, Article II, General Employees’ Pension Plan, Section 15-26
Definitions, as recommended. Member Burson seconded the motion.
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The roll call was:
Member Pritchett
Vice-Mayor Long
Mayor Tulley
Member Johnson
Member Burson
Yes
Yes
Yes
Yes
Yes
The motion carried unanimously.
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ORDINANCES-FIRST READING - None
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OLD BUSINESS - None
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NEW BUSINESS
Renewal of Memorandum of Understanding between City of Titusville and the Space
Coast Economic Development Commission – City Manager Ryan advised that the
Memorandum of Understanding between the City and the Space Coast Economic
Development Commission (SEDC) came up for renewal on September 30, 2013. At the
July meeting, the SEDC board voted unanimously to renew the agreement with no
changes, for a period of not less than two years. A copy of the agreement was included in
the agenda packet for Council’s review.
Dale Dupree, President of the Space Economic Development Commission (SEDC),
thanked the Council for their continued support of the SEDC and its economic
development efforts to build the city. He stated that the SEDC provided resources for
new businesses as well as existing businesses. He applauded the City in hiring Laura
Canady as the Economic Director and advised that many accomplishments of the SEDC
were because the City hired Ms. Canady.
Mr. Dupree highlighted the accomplishments and funding contributions of the SEDC that
included:
SEDC acted on behalf of PMC and served as the purchaser for the contract for the
purchase of the Miracle City Mall.
SEDC provided funding to accelerate the engineering and topographic data for the
Miracle City Mall redevelopment $ 7,500.
SEDC served as the Advisory Committee for Ad Valorem Tax abatement and
processed and made recommendations on projects such as, Rocket Crafters, Barn
Light Electric Company, Ecklers, and Stinger Fiberglass.
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SEDC hosted Winter Luncheons. In 2012 community leaders provided updates
on the Miracle City Mall redevelopment efforts; and in 2013 hosted the President
of the Commercial Spaceflight Federation, and Spaceport Executives including
NASA, Cecil Field, and Space Coast Regional Airport executives to educate
businesses and community leaders on the economic importance of commercial
spaceflight and FAA-licensing of spaceports.
In October 2012, SEDC hosted a fall luncheon featuring Frank Di Bello, CEO of
Space Florida and Port Commissioner-Elect, Hank Evans to receive updates and
educate the business community regarding activities related to space and the Port
of Canaveral.
In 2012, SEDC partnered with City to fund the Advanced Manufacturing Study in
the amount of $12,367.
In 2012, SEDC partnered with the City to fund the Economic Development
Market Analysis, in the amount of $9,500.
In 2012, SEDC issued a Request For Propose (RFP) to conduct research for the
selection of a developer for 40,000 square foot building to be located at Space
Coast Regional Airport.
Provided cost-share for the International Council of Shopping Centers 2012 and
2013 that led to recruitment of Miracle City Mall former developer Eric Collazo;
Hibbetts Sporting Goods among other significant leads.
Provided key contacts and discussions with company executives of companies
seeking relocation to Titusville and North Brevard, as well as those seeking
expansion of existing businesses
Participated in cost-share for 2012 International Symposium on Commercial
Space.
SEDC agreed to a cost-share for the 2013 International Council of Shopping
Centers in August.
SEDC agreed to a cost-share for the 2013 International Symposium on
Commercial Space in October.
The SEDC was poised to assist the City in 2014 as they began the referendum
requirement to renew the municipal ad valorem tax abatement.
Vice-Mayor Long read paragraph #11 of the Memorandum of Understanding regarding a
review that would be conducted during the first contract period. She advised that she
previously asked whether the review was accomplished and if so, where the results could
be viewed and she was still awaiting a response to her question.
Economic Development Director Canady advised that when the SEDC reviewed the
contract, there was an immediate vote to renew the contract, and there was no discussion.
Mayor Tulley advised that the organizational structure would need to be documented
before the organizational structure of the SEDC could be reviewed in the context of the
North Brevard Economic Development Zone District, the Economic Development
Commission, and the Space Coast Economic Development Commission.
Motion
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Member Pritchett moved to approve renewal of Memorandum of Understanding for two
years between the City of Titusville and the Space Coast Economic Development
Commission, as recommended. Member Johnson seconded the motion.
Vice-Mayor Long offered a friendly amendment to Member Pritchett’s motion that the
required review be made available to Council prior to the start of a new contract period
and in that event, paragraph #11 would be stricken from the new contract.
Member Pritchett advised that she was opposed to striking the paragraph from the new
contract. She amended her motion to include: the required review would be made
available to Council prior to the start of the new contract period and the required review
would remain in the new Memorandum of Understanding and that it would be conducted
prior to the end of each contract period. Member Johnson’s second held. The motion
carried unanimously.
City Attorney Broome reminded Council that the change to the MOU would need to be
put in writing and the MOU would be executed with the changes. He advised that it was
understood that the motion included Council was authorizing the Mayor to sign the
extension and modifications.
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FY 2014 Proposed Operating Budget for North Area Parks and Recreation Facilities City Manager Ryan advised that Council previously received and approved a request
from the Brevard County Parks and Recreation Department to waive the requirement to
submit the proposed FY 2014 budget for the North Brevard Area Parks and Recreation
facilities until August to allow for this budget to be presented to the Brevard County
Board of County Commissioners and to process the state certified property values within
Brevard County. Included in the agenda package was a copy of the proposed FY 2014
Budget from Brevard County Parks & Recreation. He advised that it was appropriate to
acknowledge receipt of the proposed budget and provide any comments for submission to
Brevard County.
Motion:
Vice-Mayor Long moved to acknowledge receipt of the FY 2014 proposed budget for the
North Brevard Area Parks and Recreation facilities, as per the Interlocal Agreement
between the City of Titusville and the Brevard County Board of County Commissioners,
as recommended. Member Johnson seconded the motion. The motion carried
unanimously.
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Political Issues that have Opposing Views – City Manager Ryan advised that at the July
23, 2013 City Council Meeting, Vice-Mayor Long made a request for an agenda item to
discuss whether or not the Council should take a position and spend tax payers’ money
on political issues that had opposing views.
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Mayor Tulley advised that City Attorney Broome had provided the Council a
memorandum regarding “Expenditure of Public Funds on Ballot Issues”.
City Attorney Broome advised that the memo was based on Council’s direction from a
previous meeting and highlighted as followed:
Duty to Lead and Inform
The “Little Hatch Act” – City Attorney Broome asked that Council delete the last
paragraph of this section and would provide an amended notice.
Fair and Balanced: Education of the Electorate
Section 106.113: Expenditures by Local Governments
City Attorney Broome summarized that local governments were not bound to be silent in
the face of controversial issues. If Council wanted to utilize public funds, it must be
limited to factual information to educate the public on an issue on which they were asked
to vote.
There was no action by the City Council.
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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM)
Stan Johnston asked the Council how anyone could propose to put a dam in a ditch that
drained in an area that was in the official 100-year flood plain.
Mayor Tulley advised that Mr. Johnston’s concerns were being addressed by the City
staff that were more knowledgeable and could respond to his concerns.
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Tom Altif thanked Laurilee Thompson for bringing the Wildflower Symposium to
Council’s attention. He stated that he would be donating $100 in support of the
Wildflower Symposium. He commended Dale Dupree, President of the SEDC and
Economic Director Laura Canady for their work.
xxx
Leslie Ventura advised Council of her concerns regarding the City’s Pension, available
and knowledgeable information on the pension plan, unfunded liability, compensation for
mandatory furlough days, and employee raises.
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MAYOR AND COUNCIL REPORTS
Mayor’s Report – Mayor Tulley provided a written report.
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Mayor Tulley stated that he had hosted a Mayor’s quarterly meeting on Saturday, August
10, 2013 in Titusville. He advised that eleven Mayors attended the meeting and three
local establishments provided lunch. He stated that the most interesting point of
discussion was the Indian River Lagoon and the fact that the Lagoon was dying.
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Space Coast League of Cities Meeting – Mayor Tulley stated that he had attended the
Space Coast League of Cities meeting on August 12, 2013. He advised that points of
discussion included “National Day of Action” related to texting and driving and “Hands
Across the River” to promote the responsibility of good stewardship toward the Lagoon.
He advised that City staff and elected officials could purchase a portfolio with the Space
Coast League of Cities logo on it for $15.00 and the Space Coast League of Cities would
put the money toward an undetermined worthy cause.
xxx
Vice-Mayor Long advised that a petition calling for the state to get involved with finding
out why the Indian River Lagoon was dying was being circulated. She advised that she
could provide a copy of the petition to anyone interested.
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North Brevard Commission on Parks & Recreation Meeting – Member Burson stated that
she had attended the North Brevard Commission on Parks & Recreation Meeting and the
meeting was well attended. She advised that Sandpoint Park and the Causeway
improvements were under construction and they hoped it would be completed by
November of 2013. She highlighted that 54% of the County Parks and Recreation fleet
were over ten years old and 28% over 100,000 miles, and no vehicles had been purchased
in the last five years and stated that she felt that the County was really making an effort to
work within their budget.
xxx
North Brevard County Hospital District Board Meeting – Member Pritchett provided
Council a copy of a written of a report from the North Brevard County Hospital District
Board Meeting. She advised that Parrish Medical Center was one of the highest rated
hospitals in the Country and was scored number 187 out of the 3000 hospitals scored.
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North Brevard Economic Development Zone Meeting – Member Johnson advised that he
had attended the North Brevard Economic Development Zone Meeting and the two items
discussed at the meeting were Development of Miracle City Mall and the Space Coast
Commerce Parks.
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CITY MANAGER’S REPORT
City Manager’s Report - City Manager Ryan submitted his written report and highlighted
as followed:
Action Item
Scrivener’s Error – Ordinance No. 2-2013 Amending Sections 59-971 and 59-979
Request for advisability to change an ordinance due to a scrivener’s error as outlined in
the report included in the agenda packet. The scrivener’s error was in Ordinance No. 22013. Staff requested approval to present an ordinance correcting that Scrivener’s Error.
Motion:
Member Pritchett moved to approve staff’s request to present an ordinance correcting the
Scrivener’s error in Ordinance No. 2-2013, as requested. Vice-Mayor Long seconded the
motion. The motion carried unanimously.
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Follow-up to City Council Meeting Minutes Inquiry
At the July 23, 2013 City Council meeting, Council heard a request from a citizen to
amend the June 27, 2013 Special City Council Meeting Minutes to reflect what each
member stated during the discussion related to the City taking a position on the proposed
Shiloh Launch Facility. City Clerk Wanda Wells had communicated with the citizen on
this issue.
Staff did not recommend deviation from the practice currently in place of preparing
Summary Minutes; however, staff was seeking City Council direction.
Mayor Tulley advised that he spoke with Tom Altif and he was in agreement to file any
prepared statement/documents with the agenda packet that would be retained in the
public record.
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Request for City Council Input on Agenda Package for the August 20th Planning
Workshop
Ms. Peggy Busacca, Interim Planning and Growth Management Director and her team
were working on the development of a booklet of information that Council might utilize
during the Planning Workshop on August 20, 2013. On August 6th, staff provided
Council with a DRAFT copy (electronic) of that information for Council to review and
determine whether it would assist them in the upcoming workshop. Staff was seeking
Council’s input on this document and whether they desired the inclusion of other
information.
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Council did not recommend any changes to the current Planning Workshop Document
that was presented for their review.
Interim Planning and Growth Management Director Busacca advised that there would be
electronic and large-scale maps provided at the Planning Workshop.
City Manager Ryan asked Council’s preference for the logistics for the Planning
Workshop.
Council agreed the set-up for the meeting would be held on the floor of the Council
Chamber.
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Informational Items
Timeline for the Adoption of a Titusville Fertilizer Ordinance
Titusville Receives Re-Certification as a SNAP Community
Upcoming Presentations for the August 27, 2013 Presentation Meeting
International Conference of Shopping Centers (ICSC) Florida Conference –
August 18-20, 2013
2013 Florida Wildflower Foundation Annual Meeting and Wildflower
Symposium – September 27-28, 2013 in Titusville
Budgeted Capital Outlay Items
2013 Red, White & Boom Over North Brevard
City Hall LED Sign Update
Riveredge Drive Turnaround Update
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CITY ATTORNEY’S REPORT
City Attorney Broome provided Council three of the 2013 Legislative updates and
highlighted as followed:
Designating certain property at the Space Coast Regional Airport, Space Coast
Regional Airport Industrial Park, and Spaceport Commerce Park as a “spaceport
territory”
Voting Conflicts
Testimony at Public Meetings
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Vice-Mayor Long requested that staff review Cape Canaveral’s homeless ordinance.
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With no further business, the meeting adjourned at 10:30 p.m.
______________________________
James H. Tulley, Jr., Mayor
ATTEST:
______________________________
Wanda F. Wells, City Clerk
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