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
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Transcript
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.
xxx
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.
xxx
SPECIAL RECOGNITIONS & PRESENTATIONS - None
xxx
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.
xxx
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;