Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida

City Council
Regular Meeting
June 14, 2011
The City Council of the City of Titusville met in regular session in the Council Chamber
of City Hall, 555 South Washington Avenue, on Tuesday, June 14, 2011.
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Mayor Jim Tulley called the meeting to order at 6:41 p.m. Present were Mayor Jim
Tulley, Vice-Mayor Walt Johnson and Members Kathleen Burson, Martha Long and Rita
Pritchett. Also in attendance were City Manager Mark Ryan, City Attorney Dwight
Severs, Deputy City Attorney Richard Broome and Assistant City Clerk Jolynn Donhoff.
Administrative Secretary Debbie Denman completed the minutes.
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Mayor Tulley asked for a moment of silence and then led those present in the Pledge of
Allegiance.
MINUTES
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Motion:
Member Pritchett moved to approve the minutes of the regular City Council meeting on
May 10, 2011 and special City Council meetings on May 17, 2011 and May 24, 2011 as
submitted. Member Long seconded the motion. The motion carried unanimously.
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SPECIAL RECOGNITIONS & PRESENTATIONS
Mayor’s Award – Mayor Tulley presented Dennis Hepburn the Mayor’s Award in
appreciation for his efforts to raise additional funding to have the Independence Day
Fireworks on July 4, 2011 versus July 3, 2011 as proposed by the City. Although the full
amount was not raised in order for the Fourth of July Fireworks to be displayed on July 4,
2011, the money would be used for future firework displays.
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Mayor Tulley read the public speaking procedures for the meeting.
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Letters of Appreciation – City Manager Ryan read the names of the following employees
that received letters of appreciation.
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Fire Department
Bobby Crocker
Police Department
Bill Amos
Tom Barry
Gary Boyer
John Cantalupo
Izell Davis
Chris DeLoach
Jessica Edens
Jennifer Glass
Todd Hutchinson
Leamon Jackson
Telly Joiner
Jorge Martinez
Mark Sypien
Building Department
Joe Land
Public Works
Gary Culbertson
Bill Hughes
Water Department
Matt Hixson
Firefighter/Paramedic
Detective
Major
Corporal
K-9 Officer
Officer
Sergeant
Detective
School Resource
Lieutenant
Officer
Detective
Officer
Officer
Inspector
Traffic Signal Electrician
Maintenance Mechanic
Water Reclamation Supt
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TIFA LLC And Area IV Wellfield Update - City Manager Ryan advised Water
Resources Director Raynetta Marshall and Water Resources Assistant Director Sean
Stauffer would give a powerpoint presentation on the status of the City of
Titusville/Farmton Water Resources (TIFA) LLC and the Area IV Wellfield project.
Staff was seeking authorization for the City Manager to designate a new member to the
TIFA Management Committee.
Water Resources Director Marshall and Water Resources Assistant Director Stauffer
presented the powerpoint presentation and highlighted as followed:
• TIFA LLC and Area IV Wellfield Project Update
• Overview
• Recent History
• Current Status
• Financial Update
• Action Item
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City Manager Ryan advised Water Resources Director Raynetta Marshall would be
retiring from the City of Titusville to be with her family in Jacksonville and thanked her
for a wonderful job.
Mayor Tulley expressed it was a pleasure working with Ms. Marshall and that she had
done a great job for the City and would be missed.
Water Resources Director Marshall thanked Council and expressed it had been wonderful
working for the City.
Motion:
Member Long moved to authorize the City Manager to designate a member of the two
members Titusville-Farmton (TIFA) Water Resources Management Committee that was
responsible for the day-to-day management of the company as requested. Vice-Mayor
Johnson seconded the motion. The motion carried unanimously.
BOARDS AND COMMISSIONS - None
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PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) -
None
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Motion:
Vice-Mayor Johnson moved to hear Old Business Item 11B – Discussion of proposal
before the North Brevard Parks & Recreation Commission to allow Not-For-Profit
Organizations to charge parking fees in Sand Point Park for the launch of STS-135
immediately after Consent Agenda Items. Member Pritchett seconded the motion. The
motion carried unanimously.
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Motion:
Member Long moved to hear Consent Agenda Item 8A – Award contract for Landscape
Maintenance to New Business. Member Pritchett seconded the motion. The motion
carried unanimously.
CONSENT AGENDA
Motion:
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Member Long moved to approve Consent Agenda Item B through E in accordance with
recommendations upon reading. Member Pritchett seconded the motion.
Consent Agenda was read as followed by City Manager Ryan.
B. Award Bid # 11-B-033 (Monocular Scopes and Accessories) To Stretcher’s
Inc. - Approve award of Bid # 11-B-033 for the purchase of Monocular
Scopes, Camera and Accessories from Stretcher's Inc., 10911 W. Hwy 55,
P.O. Box 41398, Minneapolis, MN 55441 in the amount $19,592.
C. Home Depot Community Improvement Program - Accept and authorize use of
the Home Depot Community Improvement Program funds in the amount of
$1,000 and authorize the City Manager to execute the contract.
D. Public Safety Grant Program – Accept and authorize use of the Target Public
Safety Grant in the amount of $2,000 and authorize the City Manager to
execute grant.
E. Use of Forfeiture Funds - Authorize use of Forfeiture Funds to support the
Titusville Terriers Youth Football and Cheerleading Club, Inc., P.O. Box 100,
Titusville, FL 32781 in the amount of $500, Christian Life Center of
Titusville, Inc., c/o Son's of Thunder Summer Camp, P.O. Box 2175,
Titusville, FL 32781 in the amount of $500 and the North Brevard Hawks
Football and Cheer, NBSA, Inc., P.O. Box 872, Titusville, Fl 32754 in the
amount of $500 for a total of $1,500. Funds were available in the Forfeiture
Account $109-5555-589-10-01.
The motion carried unanimously.
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Vice-Chairman Johnson moved to hear Consent Agenda Item 8A immediately after
Consent Agenda. Member Long seconded the motion. The motion carried unanimously.
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Consent Agenda Item 8A was read as followed by City Manager Ryan.
A. Award Contract For Landscape Maintenance - Approve award of contract for
Bid No. 11-B-032 in the amount of $87,780 to Ground Professionals, LLC of
Melbourne, FL to provide landscape maintenance services on the State Road
Medians and Right-of-Ways within the City of Titusville.
Public Works Director Kevin Cook clarified the scope of work in the bid packages. The
contractor bid package defined exactly what was required of the contractor. The scope of
work for the Department of Corrections (DOC) was more open ended and DOC would
complete what staff defined for them. There were no particulars included in the DOC
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contract. Another difference was the DOC contract required the City to provide and
maintain all equipment for the inmate crews and the proposed contractor contract would
require the contractor to provide and maintain their own equipment.
Mayor Tulley opened the public hearing.
James Burke, JB Lawn Service, advised his company was the only company that
submitted a bid contract that did a walk through. He expressed concern the company that
was awarded the contract for landscape maintenance under bid for their contract. Mr.
Burke asked Council to question the company as to whether they could actually perform
the job.
Member Pritchett advised she was concerned with the bid price and asked whether there
was a stipulation in the contract that the City was able to remove the company if there
was a problem.
Public Works Director Cook clarified the contract could be terminated with a five days
notice.
Member Burson asked Public Works Director Cook whether an in-house estimate was
completed for the cost of landscape maintenance.
Public Works Director Cook advised the City of Titusville’s original cost was $225,000.
When recalculated with part-time labor, the reduced anticipated cost for the City of
Titusville to complete the labor would be $125,000.
Member Burson expressed concern about fuel cost.
Mr. Burke clarified fuel would cost $3,600 for one year for one truck and one mower. He
advised his bid was for full service and felt the other company would not be able to
provide all the services required for their bid amount. He advised he could provide a
breakdown of his cost.
Public Works Director Cook advised he and Purchasing and Contract Administrator Jesus
Vieiro met with the company awarded the bid, Ground Professionals, LLC, and went
through the specifics of the contract in order to make sure the terms of the contract were
understood. Written verification was received from Ground Professionals that they
would honor their price and complete the work as specified in their bid.
Mayor Tulley closed the public hearing.
Motion:
Member Long moved to approve Consent Agenda Item 8A – Award contract for
Landscape Maintenance in accordance with recommendations. Vice-Mayor Johnson
seconded the motion. The motion passed 4 – 1 with Member Burson in objection.
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OLD BUSINESS
Discussion Of Proposal Before The North Brevard Parks & Recreation Commission To
Allow Not-For-Profit Organizations To Charge Parking Fees In Sand Point Park For the
Launch Of STS-135 - City Manager Ryan advised as a follow-up to the North Brevard
Parks & Recreation Commission (NBPRC) Report by Council Member Pritchett at a
previous City Council meeting, he would like to initiate a discussion on the portion of
that report relative to charging for parking in Sand Point Park for the launch of STS-135.
Member Pritchett indicated the North Brevard Parks & Recreation Commission (May 12,
2011 NBPRC Agenda Minutes included in the agenda packet) was exploring allowing
Not-for-Profit Organizations to charge parking fees for various parks, including Sand
Point Park (a municipal owned park). City Manager Ryan would like to initiate a
discussion whether Council supported charging for parking during the launch of STS-135
in a City owned park (Sand Point Park) with the proceeds to Not-for-Profit
Organizations.
North Area Parks Operations Manager Terry Lane advised some of the money from the
fees would be used to assist youths that were unable to afford to participate in Parks and
Recreation programs. The NBPRC set up guidelines on what would be acceptable for
charging fees to enter the parks and setting up various concessions. All the riverfront
parks from Marina Park to Coal Park were being considered.
Mayor Tulley asked whether other public parks in the County charged vendor fees.
North Area Parks Operations Manager Lane responded there was a fee schedule
established by the County Commissioners and clarified that for $50, vendors could
purchase a permit to sell in the parks.
City Manager Ryan clarified Sand Point Park and Marina Park are Municipal Parks and
that Council had a right to participate in the decision whether fees were allowed to be
charged or not at those parks.
Motion:
Vice-Mayor Johnson moved for Council to not support the City or North Brevard Parks
and Recreation allowing charitable organizations to charge a fee for parking at City
owned parks during the launch of STS-135. Member Long seconded the motion.
The motion carried 4 -1 with Member Pritchett opposed.
Consensus of Council was to support anyone who obtained the rights or permits to sell
hot dogs, etc. as a method to support fundraising activities and welcoming visitors during
the upcoming launch.
Member Burson asked what the City was doing to address safety during the launch.
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City Manager Ryan advised the Titusville Police Department was coordinating with the
Brevard County Sheriffs’ Department and NASA to do everything possible to help insure
the safety of all individuals during the launch. The City was also utilizing Titusville 411
to get information out to the citizens and to provide misting tents.
North Area Parks Operations Manager Lane advised Parks and Recreation would be
operating the boat ramp in order to keep parking open for the boat trailer parking.
Motion:
Vice-Mayor Johnson expressed concern that the word charitable was added to his motion.
His motion was to not allow anyone to charge a parking fees at City owned parks during
the launch of STS-135. Consensus of Council was it was understood not to allow anyone
to charge fees at City owned parks during the launch of STS-135.
Member Long asked if there had been further discussion on making Indian River Avenue
one-way or closing the road during the launch of STS-135.
City Manager Ryan advised that was a big challenge. If the road closed, it would pose a
problem for fire trucks and emergency personnel who would need to access that road. In
dialog with the Fire Marshal and Fire Chief, he thought it was recommended not to do
anything on Indian River Avenue. He would research that dialog and report back to
Council.
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ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION
Resolutions Designating Various Areas Within The City Of Titusville As Brownfield
Areas And Providing For Analyses For Each Area Under Consideration Consistent With
Florida Statues - City Manager Ryan advised this was a public hearing for each of the
Resolutions for designating five (5) areas within the City as Brownfield Areas under
Section 376.82 of Florida Statues as a means to promote economic development in each
of the areas under consideration.
Staff included in the agenda packet a detailed staff report for each area. Each area
included a separate resolution and would include a separate public hearing.
Resolutions were as followed:
Resolution No. 17-2011 designating real property Park, known as the North Brevard
Industrial Park and Space Port Commerce, as a Florida Brownfield area for the purpose
of rehabilitation, economic redevelopment, and environmental remediation and directing
the City Manager to notify the Department of Environmental Protection of said
designation.
City Manager Ryan advised since publication of the agenda, Sculptor Charter School had
communicated to the City that they wished to opt out of the Brownfield Area.
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Economic Growth Development Director Matt Chesnut advised three properties
previously opted out and were depicted on the map provided in the agenda packet.
Council would need to pass Resolution No. 17-2011 with adjustments to the map
reflecting properties at 1301 Armstrong, opted out.
Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing
was closed.
Motion:
Vice-Mayor Johnson moved to approve Resolution No. 17-2011 with Sculptor Charter
School at 1301 Armstrong Drive removed from Resolution No. 17-2011 as recommended
by staff. Member Burson seconded the motion.
The roll call was:
Member Pritchett Yes
Vice-Mayor Johnson Yes
Mayor Tulley Yes
Member Long Yes
Member Burson Yes
The motion carried unanimously.
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Resolution No. 18-2011 designating real property known as Bobbi Lane
Commercial/Industrial area, as a Florida Brownfield area for the purpose of
rehabilitation, economic redevelopment, and environmental remediation; and directing
the City Manager to notify the Department of Environmental Protection of said
designation.
City Manager Ryan advised there was a known contamination on this property, which
designated that property as a Brownfield Area.
Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing
was closed.
Motion:
Member Long moved to approve Resolution No. 18-2011 as recommended. Vice-Mayor
Johnson seconded the motion.
The roll call was:
Vice-Mayor Johnson
Mayor Tulley
Member Long
Member Burson
Member Pritchett
Yes
Yes
Yes
Yes
Yes
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The motion carried unanimously.
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Resolution No. 19-2011 designating real properties owned by RW Kirk Family LTD
Partnership located at 4710 South Washington Avenue, as a Florida Brownfield Area for
the purpose of rehabilitation, economic redevelopment, and environmental remediation;
directing the City Manager to notify the Department of Environmental Protection of said
designation.
City Manager Ryan advised the utilization of arsenic for weed control used along the
railroad right-of-way on this property created the ability to designate that area as a
Brownfield Area.
Mayor Tulley opened the public hearing.
Robert Kirk advised he was there to answer any questions
Member Burson asked what Mr. Kirk’s plan for the property.
Mr. Kirk advised that previously the property was used for retail and housing, but with
the economy as it was, it would not support that and he would wait to see what the
market would support at a future time. The property was an underdeveloped property
with the potential to have problems with contamination. The Brownfield designation
would give him the same advantage as Brownfields that were designated in the south part
of the County. Mr. Kirk expressed new people to the area look for those benefits and he
felt this would help in attracting them to the Titusville area.
Mayor Tulley closed the public hearing.
Motion:
Member Pritchett moved to approve Resolution 19-2011 as recommended. Vice-Mayor
Johnson seconded the motion.
The roll call was:
Mayor Tulley
Member Long
Member Burson
Member Pritchett
Vice-Mayor Johnson
Yes
Yes
Yes
Yes
Yes
The motion carried unanimously.
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Resolution No. 20-2011 designating real property owned by West 50 Plaza LLC located
at the South end of Helen Hauser Boulevard, as a Florida Brownfield area for the purpose
of rehabilitation, economic redevelopment, and environmental remediation and directing
the City Manager to notify the Department of Environmental Protection of said
designation.
City Manager Ryan clarified this property was being looked at as a potential for
contamination from the I-95 construction and being located next to the wastewater
treatment facility.
Mayor Tulley opened the public hearing.
Robert Kirk was available for questions and advised he believed this property had the
potential for contamination.
Member Tulley closed the public hearing.
Motion:
Vice-Mayor Johnson moved to approve Resolution No. 20-2011 as recommended.
Member Pritchett seconded the motion.
The roll call was:
Member Long
Member Burson
Member Pritchett
Vice-Mayor Johnson
Mayor Tulley
Yes
Yes
Yes
Yes
Yes
The motion carried unanimously.
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Resolution No. 21-2011 designating real properties owned by RW Kirk Family LTD
Partnership located at northwest corner of SR 405 and US Highway 1, as a Florida
Brownfield Area for the purpose of rehabilitation, economic redevelopment, and
environmental remediation; directing the City Manager to notify the Department of
Environmental Protection of said designation.
Mayor Tulley opened the public hearing.
Robert Kirk advised this property had 3000’ of railroad frontage and had the potential of
contamination from the use of arsenic for weed control along the right-of-way.
Mayor Tulley closed the public hearing.
Motion:
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Member Pritchett moved to approve Resolution No. 21-2011 as recommended. Vice-
Mayor Johnson seconded the motion.
The roll call was:
Member Burson
Member Pritchett
Vice-Mayor Johnson
Mayor Tulley
Member Long
Yes
Yes
Yes
Yes
Yes
The motion carried unanimously.
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ORDINANCE-FIRST READING - None
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OLD BUSINESS
City Participation In The North Brevard County Economic Development Zone - City
Manager Ryan advised the City Council held a workshop with the Chairman of the Board
of the County Commissioners, District 1 Commissioner Robin Fisher, regarding the
proposed Economic Development Zone. Presented at that workshop was what the
County Commission had adopted as of May 24, 2011. There would be a final public
hearing before the County Commissioners on July 12, 2011.
The recommended action was to approve the following:
• Approve the City’s participation in the North Brevard County Economic
Development Zone (NBCEDZ) and direct staff to move forward with the
appropriate resolution and ordinance necessary to participate in the NBCEDZ
consistent with the staff recommendation.
• Authorize the City Manager to send a letter notifying the Property Appraiser of
the City’s intent to participate in the NBCEDZ.
• Authorize elected officials and staff to address the County Commission indicating
the City’s approval to participate in the NBCEDZ.
Member Burson asked whether the level of participation could be altered if needed in the
future.
City Attorney Severs advised it could be modified or altered if needed. The only
provision would be if the City participated in bonding that required a commitment for the
life of that bond, the City had to maintain that level of funding.
Mayor Tulley opened the public hearing.
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Matt Barringer believed in the truth and the intent of the proposal. In passing the
proposal, he felt the City would hit on seven principals of government function that
would be helpful to Titusville. He commented on support of government objectives and
other challenges that faced communities and encouraged Council to approve the
NBCEDZ.
Mayor Tulley asked for clarification to the difference between this proposed Economic
Development Zone and the City’s CRA.
Planning and Growth Management Director Courtney Barker advised this proposal would
be adopted under a specific statute that required different standards than CRA’s.
William Bender advised he recently became unemployed, was looking for employment,
and expressed it was important to do whatever possible to promote jobs. He was
supportive of the NBCEDZ and would assist with this effort anyway he could.
Mayor Tulley closed the public hearing.
Mayor Tulley asked Planning and Growth Management Director Barker to highlight the
rationale behind using new construction for the first five-years and more traditional tax
increment financing (TIF) in succeeding years.
Planning and Growth Management Director Barker highlighted as followed:
• Traditional Tax Increment revenue streams would not provide sufficient (or any)
funding to the NBCEDZ due to falling property values.
• By only including new construction, some funding would be provided by the new
construction tax increment dollars for the first year any new projects were assessed.
• The General Fund would receive any increase in value for the project in the
subsequent years.
• The City would receive some revenue from new construction after the initial year was
provided to the NBCEDZ
Member Long advised she felt Council needed a full conceptual plan prior to approval.
She alone had three pages of concerns including role and make-up of the special district
board members, needing a written agreement with the County clarifying exactly what
role the County and City would play and TIF funding.
Planning and Growth Management Director Barker asked Member Long to submit all her
concerns to staff and they would be glad to address them all.
Member Burson would support having a special City Council meeting in order for staff to
address any of Council’s concerns before making a decision on whether to approve
NBCEDZ. She expressed concern with the appointment of the special district board
members.
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City Manager Ryan clarified that in the latest draft version of the ordinance, the special
district board would be composed of nine (9) members: three (3) members appointed by
the City of Titusville, three (3) members by the District 1 County Commissioner, and
three (3) members appointed by the Board of County Commission with approval by the
Titusville City Council. This would allow Council a say of 2/3rds in the decision of the
board.
Discussion ensued on the make-up and responsibilities of the special district board.
City Attorney Severs summarized the request at that time was whether the City wanted to
participate in the NBCEDZ, authorize a letter notifying the Property Appraiser of the
City’s intent. Many details would still need to be worked out. A public hearing process
would be required, inter-local agreements would need to be crafted, etc.
District 1 County Commissioner Robin Fisher advised that from a personal standpoint the
County Commission had agreed by a majority vote that the Commission wanted to help
North Brevard and some Commissioners wanted to know whether North Brevard wanted
to help themselves. The City’s vote would be an indication to those Commissioners how
important this issue was to the North Brevard residents and people in the District.
Commissioner Fisher clarified he hoped tonight that the City of Titusville would say yes
they wanted to participate and at what level they wanted to participate. He advised he
would have trouble with the make-up of the special district board as recommended at that
time if the City chose not to participate that would allow the City a say of 2/3rds in the
decision on how and where funds that came from unincorporated areas were spent for
economic development. If the City chose not to participate, he would have to make a
recommendation to modify the make-up of that board.
Mayor Tulley asked Commissioner Fisher, if the City was willing to participate around
the 40% level after the first five-years, would that level of agreement be sufficient for the
County Commission to move forward on July 12, 2011.
Commissioner Fisher clarified it would be sufficient to allow the County Commission to
move forward.
Discussion ensued.
Motion:
Vice-Mayor Johnson moved to approve the City’s participation in the North Brevard
County Economic Development Zone (NBCEDZ) including directing staff to move
forward with the appropriate resolution and ordinance necessary to participate in the
NBCEDZ consistent with the staff recommendations and recommend 90% of the new
construction of the beginning years 1 through 5 of the eligible increment or 90% of 95%,
and approximately 40% of the remaining period of the increment over the base year.
Authorize the City Manager to send a letter notifying the Property Appraiser of the City’s
intent to participate in the NBCEDZ. Authorize elected officials and staff to address the
County Commission indicating the City’s approval to participate in the NBCEDZ as
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ecommended. Member Pritchett seconded the motion. The motion carried
unanimously.
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Council recessed at 9:58 p.m. and reconvened at 10:06 p.m.
NEW BUSINESS
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Health Insurance Consulting Services – City Manager Ryan advised staff requested
authorization to proceed with hiring a professional employee benefits consulting firm,
Robinson Bush, at a cost of $18,000 to report to staff and City Council options for
containing health care costs as referred to as Option 3 outlined in the Professional
Benefits Consulting Services proposal for the City of Titusville and approve budget
amendment request.
Human Resource Director Joe Denaro advised City staff was in the process of identifying
funding requirements and renewing the City’s partially self-insured healthcare program
for FY 2012. The upcoming renewal of the City’s healthcare program, with an emphasis
on Other Post Employment Benefits (OPEB) was discussed during the May 17, 2011 City
Council special workshop. During that meeting, and as recommended by the Citizen’s
Budget Advisory Committee, staff was directed to explore alternative costs to the current
fully-insured Medicare Advantage Plan covering Medicare eligible retirees. Staff
contacted several independent benefit consultants to assist in meeting that objective as
well as other key activities during the healthcare renewal/budget process.
Staff learned Brevard County Government solicited proposals for their fully insured plan
for retirees eligible for Medicare. Staff learned that Robinson Bush, who currently
provided consulting services to Brevard County Government and Public Schools, was
assisting Brevard County Government with managing the proposal process for plans for
retirees eligible for Medicare. This matter was timely because the City of Titusville was
also interested in searching for alternative plans for Medicare eligible members thus
presenting an opportunity for the City to partner with the County in the event that
Brevard County made an award that was also beneficial to the City, and in that case the
City would be interested in piggybacking Brevard County’s contract. Robinson and Bush
submitted a proposal in the amount of $18,000 for their services.
Jan Bush of Robinson Bush consulting firm advised the firm would like to work with the
City of Titusville and staff to come up with analysis, ideas and recommendations on how
the City might be able get the best value out of their important benefits including the
retiree issues. Ms. Bush advised Robinson Bush specialized in working with large
municipal or government agencies and were very aware of purchasing and procurement
issues as well as the City’s decision-making needs. Ms. Bush provided background
information on Robinson Bush and clarified the firm specialized in self-funded plans
such as the City’s.
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Motion:
Member Long moved to approve staff to proceed with hiring a professional employee
benefits consulting firm, Robinson Bush, at a cost of $18,000 to report to staff and City
Council options for containing health care costs as referred to as Option 3 outlined in the
Professional Benefits Consulting Services proposal for the City of Titusville and approve
budget amendment request as recommended. Member Burson seconded the motion. The
motion carried unanimously.
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Advisability To Amend Section 39-49, Land Development Regulations – City Manager
Ryan advised staff was requesting advisability to proceed with the preparation of an
ordinance amending Sec. 39-49 discussing street naming, specifically Sec. 39-49 (g) to
read: (g) “Lane” shall be assigned to marginal access streets.
This would eliminate the requirement that all private roads be assigned “Lane,” and staff
had determined this requirement was unnecessary for public safety or any other purpose.
The City currently had many public roads currently assigned “Lane,” and the issue had
postponed the naming of streets at that time.
Motion:
Member Pritchett moved to approve staff to prepare an amendment amending Section 39-
49 discussing street naming, specifically Section 39-49(g) to read: (g) “Lane” shall be
assigned to marginal access streets as recommended. Vice-Mayor Johnson seconded the
motion. The motion carried unanimously.
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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) -
None
MAYOR AND COUNCIL REPORTS
Mayor James H. Tulley, Jr. Report – Mayor Tulley provided a written report.
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Economic Development Commission Of Florida Space Coast – Mayor Tulley advised he
attended the Economic Development Commission (EDC) Board meeting on June 1,
2011. There was a presentation on Simplified, Nimble, Accelerated Permitting (SNAP) a
credential the EDC was handing out to municipal and county government based on their
ability to do permitting more rapidly and efficiently. The EDC desired every
municipality to be certified by the end of the year. The City submitted an application to
SNAP, but only three municipalities passed the test at that time and the City of Titusville
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was not one of them. Mayor Tulley advised the City of Titusville had exceptional issues
in the area of critical concern that fell outside SNAP criteria that slowed the permitting
process down.
City Manager Ryan advised the City would work hard to get SNAP certified even though
the City of Titusville had certain issues that were unique, such as the area of critical
concern.
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Culture Builds Communities Workshop, Tampa, Florida – June 3, 2011 – Mayor Tulley
advised Economic Development Director Matt Chesnut and himself participated in the
workshop. One of the main focus areas was “Arts and Culture in the Downtown” and
was very informative. Economic Development Director Chesnut would be providing the
City Manager some possible initiatives to start in conjunction with “Greater Titusville
Renaissance”.
City Manager Ryan advised at the Florida League of Cities Conference in August 2011,
“Culture Builds Communities” would be one of the sessions at the conference. He would
inquire at that Conference about having that presentation brought to Brevard County.
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North Brevard Commission On Parks And Recreation – Council Member Rita Pritchett –
Member Pritchett advised the Gibson Gym would now be called the Gibson Youth
Center. She advised that no contracts has had been signed yet, but things were moving
forward.
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Member Pritchett brought before the North Brevard Commission on Parks and
Recreation (NBPR) the idea of bikers having their own area to be able to jump their
bikes. The NBPR suggested two options:
(1) If the bikers were able to raise funding, they could use the concrete area of the
old skateboard park at Sandpoint Park until the master plan came into being.
(2) There was a parcel of land on Singleton Avenue were a pit could be dug and then
clay added for skateboarders.
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North Brevard County Hospital District Board – Member Long advised the North
Brevard County Hospital District Board (NBHDB) was concerned about the maintenance
of the mediums on US 1. She would advise them the City now had a contract for the
maintenance and hopefully the appearance would improve.
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Member Long advised she was unable to report back to Council on hospital activities as
she is only present in the board meetings for approximately ten minutes and the report
that the NBHDB provided her was medical oriented. She asked whether the Council had
certain questions they would like her to ask the NBHDB. The NBHDB would continue
to provide a semi-annual report every six months.
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Motion:
Vice-Mayor Johnson moved to extend the meeting 30 minutes. Member Long second the
motion. The motion carried unanimously.
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Space Coast League Of Cities – Member Long – Member Long advised Mayor Tulley
and herself attended the Space Coast League of Cities meeting on June 13, 2011. The
speakers were Representative Ritch Workman, Representative Tom Goodson, and
Senator Thad Altman. Member Long advised that on July 23, 2011, there would be
delegation in Brevard County at Viera to discuss redistricting. Input on redistricting
could be given on the website www.floridaredistricting.com .
CITY MANAGER’S REPORT
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City Manager’s Report - City Manager Ryan submitted his written report and highlighted
the following action items:
Florida League of Cities 85 th Annual Conference, August 11-13, 2011
The Florida League of Cities would hold their 85 th Annual Conference on August 11-13,
2011 at the World Center Marriott in Orlando. It would be necessary to determine which
member or members would be attending that conference. Following that determination,
staff would submit the required registration for the applicable members.
At the previous City Council Meeting, City Manager Ryan provided Council a copy of a
request from the Florida League of Cities requesting any resolutions to be submitted to
the convention delegates for adoption during the conference.
Based on his current designation, Mayor Tulley would attend the Florida league of Cities
85 th Annual Conference on August 11 – 13, 2011. Mayor Tulley encouraged other
Council members to attend.
xxx
Request by Brevard County Parks and Recreation to Defer the Submittal of the Proposed
FY 2012 Proposed Budget - City Manager Ryan advised the Brevard County Parks and
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Recreation Department was requesting to defer the submittal of the FY 2012 proposed
budget in order to obtain tax rolls and other information from the Property Appraiser.
Motion:
Member Pritchett moved to approve Brevard County Parks and Recreation’s request to
defer the submittal of the FY 2012 Proposed Budget as requested. Vice-Mayor Johnson
seconded the motion. The motion carried unanimously.
xxx
Advisability to Proceed with an Ordinance Amending Codes Related to Accessory
Structures – City Manager Ryan advised Section 59-32 of the Land Development
Regulations provided the various rules and regulations for governing and were included
in the agenda package.
Staff had become aware of an issue relative to the setbacks for accessory buildings and
structures, particularly when the side of a lot abuts the rear of another lot. In that case,
the side setback for the first lot for an accessory structure was ten feet, while the setback
on the rear lot line for the abutting lot’s accessory structure was five feet. Staff was in
the process of revising the residential zoning sections of the code, and would be starting
with that section. Staff was seeking advisability for examination of that issue and prepare
a recommended amendment to Section 59-32 to address that issue and any others that
staff felt appropriate.
Mayor Tulley advised he would abstain from voting on any discussion related to this
item. He clarified he had brought this issue to staff’s attention and lived on one of the
lots that had a side yard facing the back yard line of other properties. If Council passed
an amendment to Section 59-32, he would possibly benefit from it.
Member Long asked whether staff was aware of other similar issues in the City.
Planning and Growth Management Director Barker advised when staff became aware of
issues, they looked at their maps and found there were many other similar issues. Staff
recognized Section 59-32 was outdated.
Motion:
Member Long moved to approve advisability for staff to proceed with an ordinance
amending code section 59-32 related to Accessory Buildings and Structures and any other
sections staff felt was appropriate to address as requested. Vice-Mayor Johnson
seconded the motion. The motion carried 4-1 with Mayor Tulley abstaining.
xxx
City Manager Ryan highlighted the following information item:
Informational Items
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• FY 2011/2012 Final CDBG/Home Allocations
• Extension of Hours of Sale of Alcoholic Beverages on Sundays
• Receipt of the Preliminary Estimated Taxable Values
• National Flood Insurance Community Rating System
• 2010 Census
• Red, White, and Boom Over North Brevard
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Mayor Tulley advised the City Manager would be hosting a small reception for retiring
Water Resource Director Raynetta Marshall on Thursday, June 16, 2011 and hoped
Council Members would attend.
CITY ATTORNEY’S REPORT
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City Attorney’s Report - City Attorney Severs provided a written report.
Deputy City Attorney Broome highlighted as followed:
Florida Bar Rule 4-4.2 “No Contract Rule”
On December 10, 2010, the Florida Bar Board of Bar Governors adopted Ethics Opinion
09-1. The Opinion concluded that a lawyer may not communicate with government
officers, directors or employees who were directly involved or whose acts may be
imputed to the governmental entity in a represented nature about the subject matter of the
representation. The fundamental principle underlying Rule 4-4.2 entitled,
“communication with persons represented by counsel” commonly known as the “No
Contact Rule” was that a lawyer may not communicate with the represented person
without the consent of the other person’s lawyer. The stated rationale behind that rule
was to prevent interference with attorney/client relationship and to prevent a lawyer from
persuading a represented person to act or make statements, disclosures or taking a
position contrary to the government’s interest.
The Opinion concluded that an attorney must obtain the consent of the governmental
lawyer prior to communicating with the governmental officers, directors or managers, as
well as employees who were directly involved in the matter. The bar or prohibition
extends to public officers or employees whose acts or omissions were imputed to the
agency.
The Ethics Opinion cautioned lawyers that communicating directly with governmental
officers and employees on matters unrelated to specific legal representation must not be
used as a vehicle to evade requirements of obtaining consent by “closing eyes to the
obvious”.
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It was important to note that when a matter was in litigation, that prior Ethics Opinions
have concluded that public records requests from an attorney must be made through the
government attorney. The obvious intent of the Ethics ruling was to preserve the
attorney/client relationship. It was important to stress that when matters come before the
City Council or issues would be reviewed by the City Attorney’s Office, or decisions
were made and communications occur with a private attorney that may bind the City or
commit the City to a certain course of action, that early in the process, the Ethics rules
contemplate that the government attorney would be notified and informed of the intended
meeting or communication.
xxx
Action Item:
Deputy City Attorney advised staff requested authorizing for the preparation of ordinance
repealing Sections 12-2, 12-3, 12-4, 12-5 and 12-6 of the Code of Ordinances:
Firearms Legislation: The Florida Legislature during the last Legislative Session adopted
Senate Bill 402 that clarified and reiterated the preemption of the State to the entire field
of regulation of firearms and prohibited local ordinances or administrative regulations
regulating the field of firearms and ammunitions including the purchase, sale, transfer,
taxation, manufacture, ownership, possession, storage and transportation. Based upon a
conversation with the Attorney General’s Office, it appeared as if the City should
consider processing the repeal of Sections 12-2, 12-3, 12-4, 12-5 and 12-6 of the Code of
Ordinances. Those sections provide the following:
Section 12-2. - Discharging firearms.
Section 12-3. - Firearms—Sales to minors.
Section 12-4. - Same—Relinquishment of possession to minors.
Section 12-5. - Same—Penalty for violation.
Section 12-6. - Same—Civil liability for violation.
Even though the preemption related to the purchase, sale, transfer, etc., and did not
expressly provide for preemption for discharge of firearms, it appeared, based upon the
interpretation of the Attorney General’s Office, that it would be appropriate to repeal
those ordinances.
Based upon previous opinions from the Attorney General’s Office, it would be
anticipated that the interpretation would continue by the Attorney General’s Office that
the entire field of regulations of firearms was preempted by the State of Florida.
Motion:
Member Pritchett moved to authorize staff to prepare an ordinance repealing Code of
Ordinances Sections 12-2 - Discharging firearms, Section 12-3 - Firearms-Sales to
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minors, Section 12-4 – Same-Relinquishment of possession to minors, Section 12-5 –
Same-Penalty for violation and Section 12-6 – Same-Civil liability for violation as
recommended. Member Long seconded the motion. The motion carried unanimously.
xxx
Member Long clarified the meeting at Viera to discuss redistricting would be on July 28,
2011 at 9:00 a.m. at Viera.
xxx
With no further business, the meeting adjourned at 10:50 p.m.
ATTEST:
______________________________
James H. Tulley, Jr., Mayor
______________________________
Wanda F. Wells, City Clerk
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