e e e e [Music] ah a [Music] welcome to the May 14th 2024 6:30 pm city council meeting we do have AUM so I'll call this me order will you please join me in a moment of silence and the pledge to the flag IED to the flag of the United States of America and to the repblic for it stands one nation godis andice city clerk would you please read the please read the rules to speak yes sir individuals wishing to speak on agenda items must complete a signup card prior to the item being introduced those wishing to speak on CL our judicial public hearings must complete a signup card and sign the oath sign up and oath cards are available on the table individuals wishing to speak on non-agenda items May do so under petitions from the public present this opportunity is offered twice in the meeting and individuals may speak at either their first or second petitions but not both no signup card is required citizens shall not comment on any issue more than once during the meeting all comments except petitions and request must address a pending issue and citizens will be given three minutes to speak citizens wishing to speak on the consent agenda must submit a signup card identifying the items of interest each speaker shall be limited to 3 minutes to speak on the entire consent agenda all sign up cards and exhibits being submitted to city council shall be placed in the box on the table thank you very much city clerk I need a motion to approve the minutes from the April 23rd 2024 5:30 and 6:30 Council meetings so moved second have a motion and a second all those in favor say yes yes all those opposed meeting uh meeting minutes are accepted city manager good evening mayor vice mayor city council we have uh two administrative items prior to getting into the meeting the first one is to add an agenda item uh the uh TPO is requesting a letter of support for the Coco multimodal station and rail improvements they're going for applying for a federal Consolidated rail infrastructure and safety Improvement discretionary Grant so that'll be I'm requesting that to be added to the city manager's report for Action uh can do I have a motion for that so moved second I have a motion and second all those in favor say yes yes oppos osed added the second item the City attorney would like to add to his report uh consent to file a claim class action suit for The Interchange fees motion so moved second I motion and a second all those in favor to say yes yes opposed added we have no uh special recognition and presentations except for two proclamations uh the first one is the national safe boating proclam safe boating week the mayor will present a proclamation the United States Coast Guard uh auxiliary proclaiming Fe March May 18 through 24 2024 is National safe boating week so mayor with your permission I'd like to read the proclamation for the record thank you sir official proclamation of the city of Titusville Florida whereas on average 650 people die each year in boting related accidents in the United States 75% of these are F fatal drown by drown in whereas the vast majority of these accidents are caused by human error or poor judgment and not by the boat equipment Environ or environmental factors whereas a significant number of Voters who lose their lives by Drowning each year would be alive today if they wore life jackets therefore I Daniel e diesel do hereby support the goals of safe voting campaign and Proclaim May 18th to 24th 20124 as National safe voting week um and start of the year round efforts to promote safe boating in witness therefore I urge all those that boat to practice safe boating habits and wear a life jacket at all times while voting signed Daniel e diesel mayor thank you very much come on up here guys thank you guys app appreciate you for keeping this light on there obviously a city manager just read this is a very very serious Proclamation it may not seem that way but at the same time when so many lives are lost because of of voting issues not being safe not having life vest you guys I won't get into all the other things that can happen out on a boat but I'm going to Simply say that this is important to us and it's important that folks like you keep this alive so with that uh is there anything you want to say thank you mayor and yes uh Friday is take your life jacket to work or whatever you do day and um send them to me you don't know my email address well I'll give it to you and the whole week from May 17th I I always say March by the way too May 18th to the 24th we're going to have a public affairs table at the library in which on the 22nd no on Tuesday we're going to have a presentation for the children for safe p number one problem you have l check you have 99% chance just like a seat belt to survive and I have one of these for everybody wear it thank you mayor thank you guys however you guys want to do let's get where we can [Applause] come on in here thank you guys thank you very much appreciate you thank you I appreciate that we have one more item if you could get back to your seat sry okay all right I was always that kind of student everybody has this card here yes on your thing you're going to take the live jacket pledge raise your right hand I state your name believe that live jacket save lives and that running fertilities fatalities related to boarding accidents will be dramatically reduced if all borders wore live jackets we place you always wear a life jacket while boating and fishing and hunting if you need the water and encourage others to do the same regularly inspect my life jacket and keep it in good condition both safely and responsibly at all times and take a board safety class agreed agreed all right I do I do I do thank you mayor thank you again the next item is item 5B the proclamation for historic preservation the mayor will present a proclamation to the historic preservation board proclaiming the month of May as historic preservation month and mayor with your permission I'd like to read for the record official proclamation of the city of Titusville Florida where as throughout the month of May 2024 the residents of Titusville Florida and its visitors celebrate the importance of preserving historic resources their sign ific to the local community and whereas pre preservation month began as National preservation week in 1973 in 2005 the National Trust extended the celebration to the entire month of May and declared it preservation month to provide an an even greater opportunity to celebrate the diverse and unique Heritage of our counties countries and cities and states and the United States whereas a historic preservation is an effective tool for managing growth revitalization of of neighborhoods fostering local Pride maintaining Community character while enhancing livability and whereas implementing historic preservation has been shown to preserve the city's historic neighborhoods and its important architectural resources provide Financial incentives and improve the local economy especially in Florida attracting tourism and garnering interest in the city's architectural and cultural heritage and whereas local preservation groups State Historical Society business and Civic organizations across the country celebrate preservation month through the honoring of local historic sites events that promote historic places Heritage tourism that demonstrate the social and economic benefits of historic preservation during the month of May 2024 whereas joinerville and Beyond memorializing and celebrating Titus ville's African-American history is the theme of Titus ville's historic preservation board's annual historic preservation Workshop presented on 16 May 2024 to promote local designations in Titusville therefore I Daniel e diesel by the authority vested in me as mayor of the city of Titusville Florida do hereby proclaim the month of May as historic preservation month signed Daniel e diesel mayor all right come on up um and I'll you say a little bit I know you will that's cool um I I just want to say thank you to all of our historic preservation board members every time one of them comes up here and certainly Tony I realized it's a very serious thing and I think I've learned a lot you guys have done some things I like that little book maybe coolest thing I ever saw where I could walk through do little tour book but I want to thank you because without your history you don't have your future so with that thank you so very much we'll do a little picture here and she'll have some words thank you thank [Applause] you I'll be brief just want to say thank you very much to the council for your support of your Titusville historic preservation board in the uh few years that I've been on this board we have accomplished some very major wonderful things the tour the Titusville tour there's an application you can download to your phone it will show you what historic places of reference uh are nearby um I love it I have the historic Norwood house I'm an owner resident and whenever I turn my phone on and put it on to show people at my house here's a an app you can use the Norwood house comes up first I just love that but I want to invite everyone to come as we are rediscovering our lost historic traditional um Joiner Ville the um center of the AF of our africanamerican business and residential area so Thursday's Workshop over at the uh service center on Delon behind blues for those of you who are local um please come we have refreshments and it's a very interesting meeting where we will be talking about the rediscovery and the future marking and designations of joinerville and as the gentrification of our West Titusville is coming into um into the being now we need to really pay attention to our historic structures for we have use so that we don't have to continue urban sprawl we can Revitalize Within our own area and there's lots of gyms around town if you just look thank you thank you very much thank [Applause] [Music] you all right now I've gone back to my seat and if you don't mind we need to leave we have to oh absolutely as a matter of fact one more thing I'm a College Dropout and with the extensive training the coard gives us the auxiliary I have the equivalent of two masters and one PhD congratulations that's awesome that's awesome I'm a wife crazy all right dismissed thank you for being here thank you for what you do we'll give him a second there thank you for your service thank you Stan aren't you supposed to go out there no I tried right all right city manager onto item uh boards and commissions item 6A which is the Titusville environmental commission leave of absence request the request is to approve Titusville environmental commission regular member James yon's request for a four-month leave of absence from the Titusville environmental commission's meetings for the months of May through August 2024 um Council anything want to add to that I think we did this before I think it's uh something we've got down pretty good I I just have a question yep go ahead uh we just approved Mr maack yep and so that's two people off the Tec and I'm wondering that's why you have the we have the alternates to back fill y okay all right yeah we had the same actually the same question last year you may recall yeah because it was about the same timing one after the other and then it was a concern got it so that's where your alternates come in until you got to remember I can't remember that far back that's correct okay all right but thank you for the question and certainly it's a it's a valid concern but I think that we've addressed it and with the alternates in place we're in good shape uh remember Nelson move to approve call the cards oh sorry about that Stan Johnston Stan Johnson I attend a number of uh Tec meetings and I wanted you to understand is that uh the Tec is supposed to be advisory meeting advisory Council to The coun Advisory to the council yep well they're having serious problems that I think you should know about is that uh uh for examp example uh on this uh handout that I I I gave you uh just uh about an hour or so ago is that number one has to do with what they did is they submitted a recommendation to council and you never got it they were told that they were you was going you were going to receive it never gave it to you so you understand it's really frustrating and this particular one has to do with with you know right there on Carol Avenue where where uh Travis diesel lives it says is anyone in city council going to knowledge the sewage spill September through November coming out of manol ponding and Greenwood Street into 9 city streets is witnessed by me that's me and La Lee Thompson the person who turned off the the alarm and red flashing light at the lip station photos videotape of sewage flowing out of man holes many witnesses and photographs so in other words what happened this on front page of floor today is that the Tec has sent this to council for for you to look into it and was stopped we stopped hold up hold hold up so I'm so are you for him I am for him I'm telling you that the pressures they're under this this is a horrible pressure they're under and there here's another pressure that's got nothing to do with oh it does not not with this case you understand Mr J been there for for he's probably the oldest member there absolutely and and and and I'm I'm I'm I'm telling you what they're suffering right now some of the people want to leave because this nonsense by our city manager and other people they will not let they they they will not let you receive the advice and counsel of the T tville environmental commission they won't do it ask them he'll admit to it okay stop stop stop stop and we're just going to run because you're kind of going somewhere else leave of absence approval for James Young speak to do you think he should he shouldn't what should we do with that well I should I wish you wouldn't use my time I wish you and I've already told you before that I that I am for him and I'm letting you know is that is that additionally is that they're under a lot of stress because of this of your city manager and and Brad Brad parish is they they say they stop stop stop stop okay stop the clock too we'll even stop it for a second because I'm going to tell you right now if you're not going to talk about Mr Y and his I am talking about Mr y this is what subject so let's go on go please don't keeping my time in other words this is very serious I'm telling you that that that this is not working okay you're not getting you're not getting you're not getting work from them purposely because it's stopped by these guys and you still never talked about Mr Yan that's what Mr Yan is suffering okay gotcha and so the other people all right uh member Nelson move to approve Tec commission regular member James J's request for a four-month leave of absence uh for the month of May through August 2024 second got a motion and a second roll call vote uh member Cole yes member Nelson mayor diesel yes vice mayor Robinson yes member stok yes uh it's approved I'd also like to add there that uh um getting to know Mr Y and see what he does I'm very appreciative uh of his efforts and prior to that I'm appreciative of Mr majax and in a situation like this I'm appre appreciative of uh the so those who fill in while they're gone and uh the Tec rolls very well and they got a good well old machine there all right so uh city manager you're on to petitions and requests from the public non-agenda items all right petitions and requests from the public n on agenda items hello sir good evening Jesse R 35 550 South Washington Avenue I'm here to discuss the cand contamin contamination that has been tabled in the last uh couple of city council meeting and uh so I'd like to discuss that EPA was created by Richard Nixon in July of 1970 to protect the citizens and environmental in basically in the United States if it is proven that FTE neglects the safety of the Titusville residence and environment would the city look the other way since 2004 for 20 years there has been a leak and contamination into the groundwater right to clean water Charter amendment was passed in 2022 the contamination is already in the groundwater going through usmon into the river if Tec has been established as an advisory panel and makes recommendations then why is the city is not considering their recommendation Tec simply asked city council to pass a resolution to expedite and press Cumberland to clean up their freaking mess for over 20 years it's been 20 years I'm requesting this item to be put back on the agenda it affects my development ments it affects other residents unfortunately I didn't make a a copy of this I've got one medicine 22 seconds I wish I could make a copy and give that out to everybody they've taken nearly about five acres of the 22 acres and they have been putting Wells all over it and these Wells are expanding further and further to Jazz and ballet where they have kids going there there has been no absolute none test on methan gas coming out of the ground nor there has been any Wells has been put on on the north side of the uh Country Club and on us one and I have neighbors here that I can attest to that I'm just requesting if you can hear the rest of the neighbors if you could please put this back on the agenda so we can discuss this if the federal government does not care about the residents of city of Titusville the city has to do something about it I appreciate your time hold up have you contacted uh cuz this is you know there nothing comes before us where we don't care uh an Advisory Board advises us we take it under advisement that's what an Advisory Board does and I've used this example before and you might appreciate it um I I get to uh I call myself The Advisory guy I'm on the headsets at the football game I tell them what I think they should do sometimes they say we're going to do this instead I'm like why but that's neither here nor there um so and I can go down a list of things that uh we have even turned back when it came to us time for a vote we said no send it to the Tec let's see what they think we respect the Tec and I appreciate them being The Advisory Board to us that they are that being said have you gotten with um Bard County Natural Resources management office and and I know you're aware of this but um they're the ones Who oversee this thing in the county and they deal with the FD but the vard County nmo Natural Resources management office determined that human health Public Safety and the environment are adequately protected and will additionally require additionally require continued monitoring of the contamination have you talked to them and or have you talked to the FD have you have you gotten with them yes sir I have been meeting with the natural resources for nearly about five years now they have changed staff and and now this has gone Way Beyond natural resources to fdp this is going way way way those are the those are the two entities and agencies multiple emails yes multiple emails multiple text multiple phone calls multiple conference calls they supposed to be the referee between us and Cumberland and they're not a good referee you're a referee yourself and you know you have to be you know call the Spade the Spade if if if they've been doing this for 20 years how many more years are we going to allow them to do this well see as I've only been here eight I can't tell you what happened the first 12 but somewhere along the line this was written in 2015 so I guess the main thing I want to be known is it's not like they haven't looked at this and I'm not as close to this as you are because apparently you you pretty much been involved with them and I don't know about lawsuits or Etc but um certainly you you talked to them more but that's that's where we have and and we kind of are told by the FD what we can do with these things and the end a lot of letters there uh the bcnm O uh is the one who basically controls it in Bard County so that's what I have there and and certainly I I appreciate it because apparently this has been a 20 how how long have you been batt Mr Mayor this is started in 1989 when they found out that there is a leak in the in the tanks they didn't do anything till 2004 they've taken the tanks out two 500 gallons and and couple of thousand gallons they they took they took that out replaced it they don't know as of right now where the leak is I have things in writing from fdp and Cumberland that these leaks are going back to 1989 I have this in writing so they keep passing the bu month after month I've owned the property now since 2017 here we are 2024 and so this is the issue I'm if if the city doesn't care about my development the city should care about the citizens and at least a letter my voice is not my next step is going to be a lawsuit which is going to I'm not going to tell you yes or no but I'm going to tell you what to to Simply say we've got state agency we've got County agency that are dealing with environment and to say oh the the city doesn't override them or whatever we're supposed to do we don't care that's that's not true but before you go further member Stoko's had her light for a while y so they been monitoring for 20 years is that what you're saying yes ma'am so can you just expl what do that mean exactly they're monitoring so is there still leak and they're monitoring the leak or have they cleaned it up and yes it's called watching the paint dry that's what they're basically doing delineation after delineation putting additional whales into the ground they've taken out multiple whales between um Hopkins all the way to us one about a year ago or so they're now putting add whs right where the Jazz and ballet is they've got close to about at least 15 or 18 of them they keep adding on these Wells to Monitor and monitor and to me it's like okay how long are you going to so is that yeah that's I guess what I'm getting at is so their solution you're saying is to put in Wells to monitor when you would like them to just resolve the issue and they're not doing that that's correct this is a parket under the ground that they want to inject chemical into it hopefully that will go go away get the damn bulldozer and take the damn thing out and be done with it so I guess where I'm confused is that that I guess you're saying that that this is happening and then mayor just read a letter that says the health is and safety is not being impacted through it so that's where I for me I don't really know what the truth is apparent well and that's I interject because I'd like to is there anybody in staff that can tell me he's talking about the well leaking and right I don't know that yeah that's where I'm getting confused it's just simple though we don't have any Wills on on the country club nor we have any Wells on us one why are they putting it just on my property but it's been there that's my thing but they keep adding it's been like those Wells have been there since you purchased it and I feel like were you 17 what year did you 2017 17 and and the letter I've got here was written in 15 which was with somebody else I guess and basically said that uh has determined that human health Public Safety and the I'm not going to say every letter is right I'm not going to I'm not going to say that this but this goes back uh do we have anything from staff they can at least give me some kind of summary of what what has happened over there over the years sir we we don't have any regulatory oversight of so we don't have we don't have any control over that area whatsoever no sir uh because it's private property no sir it's just that we don't have any regulatory guidance or any regulations that FTE is the spill regulatory Agency for the state they've designated the Bard County Natural Resources office which is the local agency within the county to manage this property and so when you talk to them what do I I don't count say FD or what do they say to you do they say the same thing that's in this letter it's fine we've checked it there's nothing wrong and so when they say that who are you getting to say that there is something wrong if they're looking at and saying it's fine and they are the regulatory state agency who do you have that says no sir it's not fine I here's my proof well okay so do you okay so there is a communication between Cumberland which obviously he got de pocket right going forward and selling the gas so on and so forth so the last test that they did about two or three weeks ago the result came out basically is still is contamination there so there is a letter that was submitted in the last city council meeting that basically says that ftep allows comberland to continue with the delineation without doing anything else this is the point that I'm trying to make how long are you going to wait for the federal agency to allow Cumberland Farm that has deep pocket that can easily in two minutes take all the contamination out my voice is just one person if the city can come behind me at least send a letter to expedite this at least or at least if that's not going to happen I'm going to have to bring in uh staff to be able to test on on the on the on country Country Club and also on us one to prove that this is ground contamination it's going into the river and let me you know first of all El ask again what and I'm not saying it's not but what evidence What entity is saying to you there is a leak here and FD comes in and says no there's not it's fine everybody's good I I don't do that so I don't know how that works so I'm W to know when you say to FD oh you can say that but my company or my my experts say there is a leak who's that who's know that the letter you're reading in 2015 is way outdated there is a leak and there is if you if you put this on the agenda I will bring the documentation to show you that that's that is the case why would they be doing the delineation why would they keep putting Wells out all I want is a no further action letter from fdp that basically says you're good to go I can't get financing for my project right now because of this because every single lender right now is looking at Ground contamination because of this with the fed the state and County agency saying there's no problem so how can you not use that evidence to say that we should be I have the letter here to show you we may look at that later but right now let me talk to your let me have your other people come up thank you for your time thank you whoever else is over there um let's keep you guys in line meaning not in that line keep you guys coming in the line hi Lisa mot I live on Country Club Drive um I I was at the meeting with the Tec and they were you know they're very knowledgeable uh and they're wonderful may I say um I appreciate all of them being there and I know they they are concerned like our city is with having clean water and you all know that um but unfortunately we don't have all that information here tonight I guess but there were letters with numbers and I know for one Mr myjack did say that you know it this is not good it's not allowable um I'm not the professional though this is just what I witnessed in the meeting I realize that you all are this is not your jurisdiction but I believe it is within your influence and and so my request would be that um knowing that everyone you represent is interested in clean water this toxin is in our drinking water um I live two blocks away I think the water is Flowing towards the the the contamination is Flowing towards the river um but we don't know and that's the thing I so my request would be that these powers that be that are in charge of it if they received notice that our city council our city staff is interested in them taking a look at it and giving us more information I believe that that may go a long way just to settle this matter for um anyone that may be receiving that toxin by turning the tap on thank you thank you next up hello everyone my name is Howard Graham and I live on South Washington Avenue right across from Ace and Titusville here yep and uh yeah I just want to lend my support to Jesse Wright here with his project there um some of this information I didn't know went all the way back to 1989 it seems like a originally there and it seems like an ongoing issue with the environment around here and live right across the street obviously we love clean drinking water that'd be great but it seems like there needs to be some action taken just to resolve this once and for all and just gets this done whether it's completely safe and that can be beyond the shadow of a doubt proven to where this would not impede the funding of his project there or if there is a problem to actually solve it instead of just running through the litigations having test after test after test and wasting a lot of money for a project that could be basically resolved in the matter of months and so I would love to have this on the agenda and I know as we're saying before it may not be in your jurisdiction there but just to shed some light on the issue hopefully solve this out so we can get on to bigger and better projects with that so good thank you so much thank you member Nelson I think that if we're going to even consider this I think we need to have the letter oh she's just interjecting and I think that needs to be shared with staff so if it is a problem we'll know but we need that we need some kind of testing some kind of test results that say this is an itching yeah and okay next up good good evening everyone Mark Frank 17703 Crossbill Drive Titusville Florida um I'm here in support with Jesse to and I've kind of looked at the documentation and um my concern is why the the length 1989 is a long time ago boy I was in my 30s I think then so you know if it's affecting his financing affecting the development of that property then I think the city of Titusville needs to either by code enforcement or someone to step in in and see what the reason is so there might be some way through code enforcement that we can go to uh find out why that uh fuel station is still open and it's contaminated underneath it I know there's another uh one of the gas stations in town up by the Y on US1 that uh Mr highest had to remove his tanks because they were leaking and it was a voluntary uh removal but still there were contamination and that place set for almost four years before it was sold this month so this is my concern his property my property other properties that we own around there I own property on uh Hopkins Avenue so it's decreasing the value of my property too I can't sell something if there's some place in town that the city of Titusville has that uh is I feel being neglected not by the city but I mean by other entities mean from the state and from uh Bard County County so we just want you to stand behind us and just maybe get a chance to look into it I don't know if your attorney can do that but Dan I'm mayor Dan I've been wanting to talk to you about that for several months so I finally had my chance to talk to you about it all right thank you very much you're very welcome and Jesse had found another one I wanted to bring him back up that's okay what do you find thank thank you no hold on go ahead sit down just a second go everybody and I can ask them this but um have we gotten anything anything uh in writing from anybody that says there's a leak there we wouldn't be involved with that again the jurisdiction rest well whether you're were involved or not did they give you a letter that says that no sir I mean I get that we're not involved well we we they are in our city so in some way I I feel some responsibility to at least know what's going on um so if they're because what I'm hearing here oh we've got this contaminated water we got this we got that have we got any proof or evidence and if so how is the FD not saying that uh boy this is a terrible situation because if there's proof and this is a fact FD is not going to say hey it's okay I'm speculating but I'll have Kevin fill in we we've got other sites in our city and perhaps we can provide the the process and procedure that fdp uses Kevin you got anything you can sh at all because obviously what I'm hearing over here is it's it's fact we've got we've got this leak been going on since 1989 but yet the agencies that oversee this stuff are both saying there's no problem uh you know just monitor it and everything's good so I'm not quite sure why that would be the case I hope you can help me so so my only experience is with two sites that the city owns so the tville police department went through a d patrum mitigation for roughly a decade uh spent nearly a million dollars we did get to the point in which we were allowed to no longer attenuate what was in the ground it went to Natural continuation or nature finishes the cleaning process that's after scrubbing air sparging and things that went on um roughly a decade uh the other one is our one of our old fire stations which is still in our monitoring of DP they do an annual sampling of what used to be Station 14 on sis uh for water and the for the whatever's in the water and the ground there's no active there hasn't been any active remediation on that site for a number of years but it still is under D's jurisdiction to Monitor and they monitor both sites um so that's our experience with the city sites where we've had cleanup efforts for petroleum there is a point in which you are going to National tenation which does encumber a testing procedure but it doesn't have an active cleanup component any longer can we ask the uh nrm nmo or uh and the FD for an update on this uh situation because what we have here is 2015 it looks very clear to me in 2015 they felt everything was all good and we will monitor it um do we have anything since 2015 that says we've monitored it and everything is still fine do we as a city have any of that we have okay member Soo yeah um Kevin for the fire station one that's still on monitoring do we know if there's like a is there still leak or still what contamination or do we know why they're still monitoring I guess no the the fuel from that station's been long gone okay likewise with PD there hasn't been fuel stored at PD in uh approximately probably 12 years since the last fuel that was stored on Police Department site actually longer than that sorry so yeah they still have an annual biannual monitoring that they come and pull a grab sample out of the groundwater see what's going on but there's no additional um remediation requirements if they found something in the groundw then they tell you you have to take action and that's kind of I think that's where I'm getting at if this was still an ongoing issue at this site of the Titusville mall if there would be some type of action happening versus just them monitoring it I guess is what I'm I don't I think I'm still just kind of confused because if this has been going on since 1989 we've had the old Mall there there was development there I mean they were so I'm not really sure the financing issue there because we had this issue seems like there's monitoring going on I don't know what the initial leak process was and again it's outside of our area but yeah I think I'm just kind of a little bit confused on as to how that is impacting financing and where whose role is in what if there's even so just to add to's point with our properties it it's between us the city who owns the property and D the regulatory agency who does the monitoring and testing should they find something they'll tell us that something needs to be done in addition to what's going on right and so whoever is doing that action or whatnot they would be told to remediate the issue and solve it so I I would hope that that's what's happening so I I don't know I I I don't know it would member Nelson it would be nice to I hate to ask staff to do this if they could call and just sort of give us an update they are monitoring nothing has to happen you know this is what we're doing I think it would make the cisz City attorney is that appropriate is that legal or I mean because it almost sounds like you know when the city had their issue we dealt with fdp but if it's you know if it's a private sector issue it's not as it's not us necessarily I'm trying to understand that myself correct as stated that is a process between the property owner and d and they have the monitoring Wills of course we're not involved so we don't know everything that's going on between those properties understand that the adjacent property own that's here is sounds like they're upset with the monitoring Wells and that the monitoring continues we don't and monitoring process apparently is a lengthy process and they will continue to monitor that doesn't mean that leaks are continuing it means it is a monitoring process and that is governed by U natural resources and d and they will continue the monitoring until they're satisfied that will reach natural attenuation as stated by Uh Kevin cook so of course you can always ask somebody for information we don't have a dog in the fight so to speak as far as we're not a party to that action so we may be limited to the extent of what they'll advise us but you can always ask somebody for an update on information on what's going on with the particular site and monitoring Wells and provide you that information but it is under the jurisdiction of D and they will continue to do what they feel is appropriate or monitoring that site until it has reached a conclusion it sounds like it's been very lengthy but you know we don't have any information detail yeah I think I just think citizens would feel better you know this has been brought up um and if that's the case where DP is monitoring and hasn't found anything I think people would feel better to know that I'd like to see um a letter like the one I have here um more just updated um and are they still saying that and and as you said you know technically it's not a dog our dog is not in a fight it although as I said it is in our city but you can have people Sue each other in our city and it's still not our fight it's just people are having that problem and apparently there's been a lot of legal action here and I don't know exactly what um but I would like to um uh especially Bard County and rmo um you know they rard County I would start start at that level and just you know say can you give us you know send them the letter can you give us an update on this letter from 2015 where does it stand I mean like you said you can ask anybody for anything I'd at least like to do that so that's uh if if I need a motion to do that or do I just advise staff that that's what we'd like to do I'd like to get that information um and if they say we're not going to tell you anything well that's interesting because let's face it this goes all the way back to CI yeah um I mean still the same property still the same issue and everything was uh was there but I'd feel a little bit better if we had something I believe that um through various emails that uh Mr Wright's been sharing there is updates from The Bard Natural Resources office that says the monitoring is continuing and who who do did those get addressed to Mr Wright I go ahead come on up yeah okay I'm not asking the city to defend my project I'm only asking the city to defend the citizens just make and I get that and that sounds sounds really good okay I have a letter here on March 15 2024 and this was part of the agenda that was in the last meeting can I just read just two paragraph very quickly and this basically will show you that there is contamination I don't know if it'll show me that but go ahead may I just read just the part that that is related so this is a this is a letter from fdp to to Cumberland and cced me uh just the last two paragraph at least one confirmation groundwater analysis must be completed at tww1 2004 that's when they put it in all parameters which previously exhibited impacts about their groundwater CTL as such please provide current groundwater analytical results from this location either from the permanent replacement monetary well or from the groundwater grab sample just one L just one last thing which I push them to do this confirmation soil sampling and laboratory analysis must be completed at the same location and depth as any former historical soil lab U soil lab including but not limited to SBA 2005 and should be incl should also be included any prior so sampling location with high organic vapor analyzer OVA results within the within the Zone basically OVA is where you have sampling of the methan gas coming out of the ground this is March 15 2024 so that's basically just requesting for testing more testing okay but it doesn't say that there's a leak it just says we need to test I have those emails like I said I don't have them with me I just wanted to come and just put this on the agenda I can bring those up on the next agenda um member Nelson I think um probably be easier if Kevin would get us an update from the county that would be my suggestion well and that's and I I kind of said that and I wanted to hear what he had to say and that doesn't really change anything just says we need to have testing doesn't tell me what the testing showed because I don't guess testing has been done yet do you know no no they're not done with the testing they're continuing to put and that letter is saying who needs a test Cumberland Farms yes all right again as I'm getting in this I can tell and I would think staff agrees with me I'm getting into a a battle between you and Cumberland Farms and I'm like is that to Cumberland Farms and they're saying you need to test or whatever um Kevin do you think you can get anything from uh The Bard folks and say where's the stand I mean that's really all I'm looking for I mean this is truthfully this is not we're not the judge we're not the jury uh we're not in the fight we don't have the lawyer that's not not us but what I do want to do is make sure that everything is as it's supposed to be and it sounds like they're saying test but and maybe in your other emails you can show me that somebody is saying there's a leak who's that somebody that says that I've asked that a couple from Cumberland and also if who says there's a leak Cumberland says there's a Leber says that why would okay all right that being said um I'm gonna put that on Kevin and uh the next thing that'll happen is uh I'm not looking for an agenda item right now I'm looking to see those emails uh when you and I meet can we put this on the agenda for I so I'm not looking to put it on the agenda I don't feel like I've got anything that says we need to go to the agenda I need to see what you say you don't have with you right now yes I need to maybe understand it more again I am it is not I'm not going to get in and I don't want to be oh you're a witness now you're this you're that it sounds like folks this has not been going on for a day this isn't a week or a month this isn't a decade this has been going on forever and so you know and again I I ask you who says there's a leak and you say you have that in email that's I wouldn't mind seeing that uh I'm not moving forward how would I get that to you Mr well that's exactly what I'm I'm saying uh I'm certainly not trying to go another Direction but and I also want uh staff to at least get with The Bard folks and say what what where does this stand it's not our fight I get that technically it's it's uh you know two entities two business people actually you and Cumberland Farms going at it and disagreeing greatly um and I don't want to get into who's suing who or who's doing that but this looks to me like it could be something that's decide in the courts not in a city council meeting so I'm going to leave it at that but I do want to see you with the emails that you have and I want uh staff to get me something from Bard County thank you sir thank you okay uh uh we have this this petition request we have we have in our city we have we have um a moratorium for example on on uh uh development we have uh sustainability I want you to understand is what Jesse is talking about is within your jurisdiction you're you were talking um I'm I'm talking to you but you're talking to other people I'd like you to pay attention to what I'm saying Dan all right listen you've got you this is your within your jurisdiction he said the public I'm agreeing with the public in other words when somebody buys a piece of property they should know what they're buying that's in the city of Titusville someone plans a a multi-million dollar project on a site they shouldn't be given a pig and a poke it's up to you guys this is within your jurisdiction this is the city of Titusville this is not Bard County this is the city of Titusville and people who buy property in this in the city of Titusville should have a realization of what's going on is there a moratorium is there a a sewage spill is there is it is it a a a super fun site is there are they near where there have been a spill they there there should be no the people on Country Club Drive the residents on there should know that if they if they put a a shallow well in there and and draw water that they're going to have contaminated water that they may be drinking their dogs drinking or their dog drinking it too this is within in your jurisdiction you have all kinds of of code requirements in in our jur in the city of tville regarding close the proximity to to our wells regarding storage of diesel fuel and gasoline and so forth like that this is within your jurisdiction I disagree with you but anyhow what I was I was trying to do as far as what I'm talking about is is that this right here is that that I've given you and that um uh you have a May 14th email that says unanswered questions on SNJ Oaks so I'm switching tosic right now and on that is that is that we have we have a fake survey it's obvious the city knows it's wrong and yet the city is letting people build you're going to find problems in that in this this thing in the future is that right now I've showed Mr Mr Robinson 4 foot 4ot error a 4ft error in in the location of of a property Corner that's at the that's at the southwest corner a twoot area era in in the northwest corner how is how are things going to fit when you've already put the roads in there that's a tight sight how is it going to fit nobody answers no no answers from from uh your city manager or your City attorney and and Mr Parish can't explain it I'm a surveyor I've been I've been a surve not right now I'm registered but 26 years the the thing is obvious wrong from just a drive-thru you can see overhead electric and you're not do you're doing nothing hey um I'll have somebody get with you this week because I want to have you give me the tour yes sir I want that I want that do Meritor you talk about it all the time you're confusing me now so uh I want to I want to see what it is so uh yeah I'll get somebody to you this week there Stan all right um kessy similarly um I'd like to you know have you come in with whatever you have and I like to just sit down where you can maybe explain things to me a little more clearly and have whatever emails you have um sometimes up here it's like Ping Pong and I'm get lost so uh I'll probably have uh Miss Virginia give you a call and see what's good might be early next week things are getting crazy but if nothing else I I likely will see see you Saturday as well all right brother thank you um next up come on up thanks coach mayor coach it was coach for me for four years that's how it was uh my name is Luke par I live at 2465 Heritage Drive Titusville Florida uh coming up here today first and foremost thank you Mr cook um very good for First Step you're a man of your word you stated business a few weeks ago uh based on the canal issues that we're having and uh we've been seeing that in the last week and a half two weeks so I do want to thank Mr cook for being a man of his work thank you thank you for that it's well seen I work from home so I get to see it as it's happening um my only agenda item today is uh if we have a timeline I know you're working diligently Mr cook I know you have to have approval we just want to know a timeline of when the long-term uh fix is going to happen that's it that's that's all we're here for is is because we need it done rather expeditiously than than later um Mr cook is the expert on anything with timelines and so uh I know you're giv Your Best Shot there uh Mr cook anything you can add to that yeah now that we've got everything cut back enough to be able to see it's going to take us a couple weeks to come up with a plan okay and then we'll get that back to the council and things fantastic so like I said again thank you guys working hard out in the sun I feel bad for them but it needs to be done as you see it it was years of not being able to do it and I'm glad yall were coming up with Solutions so thank you for that yes and I would say on your side and the the people who spoke previously um sent a nice email saying the same so it's nice to know that when there's concerns there's appreciation too you know I I love this community I think I said this in my last meeting and and it takes it takes a village to make this community work right so it's not me against you it's not me against the city it's if we work together we can make it happen exactly um I'm not afraid to jump in a canal with some waiters and and get in the shovel and start digging whatever you know I don't mind doing that and I don't mind watching you thanks coach I appreciate it uh but we do need um we you know we need help from the city and I know Mr C's been working behind the scenes and he's having his guys and and I do want to thank him for for that offer uh and I look forward to hearing from him in the next few weeks just to see what the next steps are and and what you need from us to get steps resolved well done well said Thank you thank you all right brother next up itions a request me me what are you gonna go out there and talk I go ahead can I do I have to go out there talk okay so I wanted to bring this up um because over the last couple months I'd been thinking about it talking to people people I don't think understand the unintended consequences of the right to clean water and so as I was looking at it because you know the attorney me first thing you think of is is it legal you don't think of what is going to happen if we do this and looking at it I was like if I was a troublemaker which I've been accused of um I would sue the city and say no storm water in the river and under that Amendment you could do that um and then I started thinking if we put a wall up on the shoreline Indian River Shor line where is the water going to go and the thought was any low part of the city which is basically inan River Avenue Side Drive Baker subdivision uh fairglen all those places and since we're sitting here talking about budget I was like at some point I think it would be good to have a discussion about potentially what this could do and is there a way to react to it um how much is it going to cost and I think our Citizens need to understand that um it's going to it would kill our budget and I talked to Kevin about it I talked to Sandy about it I called Woody rice and talked to him about it and they're like everybody was like flooding so I don't think our citizens understand that so I I would like to have at some point a conversation uh whether it's a presentation I don't know and the other thought I had was we're talking about our budget the first uh lawsuit was settled for posos and so I think the citizens would probably like to have a timeline of this is what we're looking at this is maybe what might fix it um and when can we expect to get there so those are my my requests remember stle yep um okay so two things I'll address the right to clean water and then that one um right to clean water uh I I agree with you I I think that um my issue is and we just heard it now as an example people talking about right to clean water and drinking water it's not and so that's there's a lot of I think miscommunication going on about it my biggest concern is one the money and then two I even just had a discussion recently with someone that's been instrumental in the right to clean water saying please tell me right now currently we have if there's a spill that happens we either pay a fine or that money goes to fixing infrastructure to make sure it doesn't happen right what will this right to clean water us doing what will that do for like how is this going to help I kid you not it was well you guys are kind of already doing it I really firmly believe the fight is at the state level if they if there's a need for stricter regulations and stricter um guidelines that's kind of where it's at because right now I do believe we are doing our best in fixing infrastructure and we have money going to projects and it's not we're not intentionally trying to get stuff in the lagoon and when things do happen because of Aging infrastructure we do invest money in fixing it so that has been and that that's still what I stand by is if I felt like we weren't or we needed a charter amendment to make sure that we were doing things I would have a different conversation but right now we are doing things and the only thing that I think would happen from this is lawyers would get more money this would not help our community and it would not help taxpayers so that I'm okay if we want to do it but I I've been communicating this I've done it several times and if people just don't like my answer or they want I mean literally it was well yeah you guys are but we still want to fight and that's where my frustration comes like we are doing things so I'm all for it but that that's one two the posa yes I had a presentation when I went to Mississippi I was going to tell you that um their lawsuit for Dupont has been settled my yeah and so I don't know and there's two phases one phase um happens like I think within I want to say two months but I don't think we're eligible for that one I think we will be for phase two that happens um and in addition I think there's a 3M lawsuit will be the one to be settled next that one is settled it is settled okay I think Dupont might have been the first one regardless I'm with you I was actually going to request this under our reports is if we could get an update on timeline which ones which do we fall under do we fall under phase one do we fall under phase two um projected potentially amounts um and then what we're doing with paa's testing ongoing and because they have changed I think how many parts per trilon we could answer that right now if you want okay okay see I did this yes okay if we have it there was a reason behind that sure so UCM R5 testing which is the EPA testing at water sources is ging in June for the city for our two point of distribution Kevin can you speak up yeah sorry sorry ucmr 5 testing which was epa's required testing that introduces posos testing is happening in June at the water plane and at the Coco interconnect those are point of distribution test so the EPA established a two-year monitoring period for posos on quarterly inspection uh testing we've already done a year we're started we're continue quarterly we'll count last year in the next upcoming and ucmr we can get that information back to you the other side of it is related to the settlement of of the class action lawsuits with 3m and Dupont um 3M is done they've got Federal approval I think DuPont's still pending okay but you're correct uh phase ones are due I think in July of this year we're a phase two entity uh which means we didn't test prior to June of we tested after the date of required I think we tested in August right I think our first step was June of 23 for the city um so we are planning at next council meeting bring you the pricing to do all of our point source testing which is every single well the city uses in areir two and area three uh so that'll be at the next council meeting from that data which will take some time to process we'll be able to file our claims both for testing cost and for the actual impact to the Wells so we don't know today what that is going to entail I think we have 82 Wells on the list that were active in the last 10 years and area twos and three so they'll all be tested for P5 and PFA parameters um and then we'll be able to take that there is a settlement framework that shows how much water the well produces versus the pfoa PFO posos contamination numbers that's what the settlement projected number is there are some items in the settlement some a a floor of around I think three and a half billion and a ceiling around 5 and a half billion that the claims have to reach before they'll pay out um and then obviously ceiling is a capping function on the phase two side so so that's kind of where we are we'll have rounds of testing happening all summer between our wells and the water plant itself and our cocoa interconnect so Kevin do we have any idea how to get the crap out of the water well there's a lot of options so so first and foremost we want to see how many Wells actually have anything in it uh EPA parameters set at four parts per trillion so if we fall below that in a well obviously it stays an operation um hopefully we have impact to Wells and doesn't take a number of production Wells out of service it maybe a case where Wells can be cycled off taken out of service um those are optional we look at um we also can demo in there are a lot of filtration products that were actually created by 3M and Dupont to get you know P out of water so so the the ultimate and you'll see if city of Stewart just opened there City major shed me uh they spent I believe $30 million on a new reverse osmosis plant which does does the job but it's a new treatment process that our well fields are not built to handle so it would involve new well sources and a new plant U so we're hoping for more uh at the well head level treatment that can clear it up or that we find that we have a isolated number of Wells that can come out of the system um you and just for know we're only testing currently by these Frameworks area two and three which are city- owned Wells area four is not a city-owned wellfield is a public private partnership they are excluded from from the settlement framework because you had to have a public water system number which tiffa does not um the city does we're isolating our testing to area two and three so what do we do with area four we're going to discuss with the management board testing it from a abundance of caution since that is our primary Supply point at 2.75 million gallons per day and seeing what you know ensuring that the management board is willing to do that um understanding Tes we do there is going to be born upon you likely the city asking to do it as opposed to um any type of ability to get paid back for very good okay vice mayor yeah I don't even know if we understand how's what four parts for me for trillion is I I I I really I really you know people often say you know we need to clean it up but I I don't think they even have a you can't even imagine what forart portran even of course it doesn't look like nothing you can't see it you know it it it it looks like nothing and reverse osmosis is you know it's it's a process of remaking but anyway but I I just want to say when we talk about cleaning things up and we we we talk about parts per trillion uh I don't know I'm trying to EXP explain that to someone for posa is that you can get it out and it still be there you know because it's it's it is it's not even imaginable to to uh understand what how tiny tiny tiny tiny small that is and you explained it well but just it's it's a textbook explanation because it's you know it's it's an experiment that's all it is and uh and I know we want to do things and um uh and you want to put something in the water us another process is that process going to cause something else and P has been in the water it's in yeah you in this one long so and that's all my thoughts on it and I look at and my thoughts on the other thing with uh with the searstown mall is uh I would hope in all that discussion I would hope that if the monitors down in Bor County had issues with something that was that may harm the citizens of Titus feel I would hope that they would have informed us of that possibility I just can't believe that they would not and that's why I want to meet with him to see there just seems to be I want put it all in one box what do we got show me so yeah I understand but that that was just my thoughts on it is that I know I just can't believe that they would not have told us those are my two issues with that part betray in when I think about how minuscule that is thank you all right uh we were done with petitions requests once uh but I'm I see that we got people moving around so I okay come on yeah Chi Tropic Street I cannot sit in this room after this discussion excuse me and not prolong the meeting tonight um I I wanted to say bless your heart member Nelson flooding down on Riverside is such a silly idea no matter what Woody would do you wouldn't build a wall Kevin wouldn't build a wall if some Rogue citizen uh that's what I was going to bless your heart about you were worried about some Rogue citizen showing up and here I am um it's not about suing the city memb stoal because the city is doing things the amendment that we wanted to give the citizens of Titusville the right to clean water would have given these people some teeth to go after the D which are bad permits they and the St John's Water Management you look at the permits that they give they give bad permits the permits may be legal but they're detrimental to the environment and to the people and the citizens around wherever the development that they're giving or NASA dumping all that water from the anyway that's a whole another issue over there I don't even want to go into the space I like the Space Program um but flooding is a silly worry that is not going to happen that's not the kind of thing that a rogue citizen is going to come and Sue the city and we wouldn't be suing the city if you are doing things but this would give the city and the citizens some teeth to go after Cumberland Farms who for since 89 have been why I got to meet so I I want to say that the right to clean water amendment that is still being fought by three of you up here is not so that we can sue this city it is so that we can hold accountable and get recl we can get get it re oh I can't even think of the word I'm so upset oh but it gives the people people the right to go after somebody like Cumberland Farms and make them clean it up before it actually pollutes the river because that's what the studies are that's why the man says they've been digging all the Wells they're tracing the water as I mean the contamination as it flows underground to the river that's where it's going to wind up you don't have to worry about somebody like me wanting to stop all the storm water going into the river and building a wall so that we can flood those pretty hous that's the historic district I wouldn't want to see anything happen today Tony let me say please this please you you and I have discussed this before and I thought I had helped you feel that that that wouldn't be an issue that wouldn't be one of the I didn't intentions I'm not saying that was an intention I'm saying when you look at the language the attorney says okay two judges have looked at the language excuse me two judges have looked at the language and have said that it is not in conflict with the state constitution I didn't say I'm not saying I'm not talking about the language is not unclear to the citizens yes they do talk about now drinking water because everybody thinks it's all cyclical you know it comes out of the tap it goes down the drain it comes out of the tap again and a lot of places they do totally recycle boats and things they do submarines cities out in the West CO you know in the west where anyway all right something told me you move three seats closer come up and I couldn't miss you by the way yeah I know yeah uh Christopher child's enchant Avenue I just um I wasn't going to speak on this but I I'm sitting over here hearing this I'm infuriated because uh the right to clean water and with all due respect who cares what you think about it because the people voted for it 82% of the people voted for it and they wanted it and you're blocking it and then I hear these arguments from you like that's your reasoning but your reasoning was because you didn't think it was appropriate to be on the ballot and that's fine but then you sit up here and it sounds like you're saying that you have other reasons for why you don't want it but frankly who cares if you think it's it's it's right to be in in the charter the people said they want it in and you need to put it in thank you anybody else City manag we are on consent um Council items a through I is there any questions of staff that you have for the consent are you guys clear to hear clear yourselves off the under your buttons oh excuse me I see none uh city council are there any items that you would like to pull for further discussion I see none city clerk are there any cards for these consent agenda items yes sir two cards mayor I'd like to read the titles for consent agenda items a through I for the record thank you consent agenda item 8 a approve the 2024 red white and boom Fourth of July celebration consent agenda item 8B approve the HVAC system upgrades Replacements at City Hall consent agenda item 8C approv task order for reclaim pumping and storage evaluation consent agenda item 8D accept the impact fee dispersement consent agenda item 8e approve the congestion ma master plan cons consent agenda item 8f approve the replacement mixers for blue in Water Reclamation facility consent agenda item 8G approved task order for impact fee studies and consent agenda item 8h approve the budget amendment for water and sewer equipment for vehicles consent agenda item 8 I approve the resolution number five 2024 approving and adopting the Statewide Mutual Aid agreements thank you Council any comments I see none uh call the cards um first card is Stan Johnston for items e e FNG G EF and G I can keep up with that St Johnson former employee of the city of Titusville congestion master plan Public Works uh there's two items have mentioned kimley horn and what they're going to do uh of course the questions been proposed about what are they doing uh doing traffic studies in the city of Titusville and and so forth and then having uh uh clients in the city of tville they do traffic studies for it appears to be a conflict of interest so that's one one consideration okay the uh the other the other uh concern I have is that U Mr Robinson was talked about the four parts per trillion and talked about this uh this agency that's FTE or whatever that's looking after the sewage spill and are they going are are they going to look in the best interest of the health safety and Welfare of the public and and Mr Robinson indicated well yes they should look at this look at that Mr Cole look at this one man's opinion right no this is what you call an opinion and then in this case is that is that the sewage the people were were DED my car was covered with sewage and I didn't know it until I hours later and some sludge on my on my car what year was that in uh 2020 and 2021 for four for four months in the city of Titusville said well you know we we left the fountains on and they so so they sprayed women children and babies with sewage at and even people contacted the city manager's office and said please start turn them off and and I contacted uh uh City manager's office and and water resources and so forth repeatedly please turn off the fountains and they didn't do it so I'm just giving an example of sometimes government is kind of or their nuts and crackpots that don't do what is best for and this is what this is f f f well okay so so let me just put it this way is that what I what I believe you should do is that is that is that this is a serious matter and I think that the city should adjourn all business until you straighten it out you shouldn't have these Council meetings and so forth until you able to see is what damage the the council and city manager and Water Resources is doing to the public and another example is what I handed out here to you also is that here we had a sewage spill that that's that's you got 10 seconds for by La Thompson and videotaped by me and the city denies it what are you doing is see to see what we have is a bunch of liars and cheats hey Stan have you ever noticed time's up have you ever noticed that uh you'll say you're going to talk about EF andg and you kind talking in other words I'm asking you to joury I didn't hear you talk about blue hair and Water Reclamation I didn't hear you talk about impact fee study I would when you do talk about things it's like wow he's got it's good point but you didn't do that today talk seat next up thank you coach Tony cheff for items d e and g i you will talk about their stuff I appreciate that chiffo traffic Street what was the letters again I just forgot e f and g e e and G you'll hear about it okay D impact fee distribution of $ 2,46 th000 to roads and streets I I wonder if there's any chance any of that money can be used for planting appropriate trees along roadways um Consin e here's kimley horn again evaluation of existing congestion a 10-year forecast of anticipated um congestion and identification of that that's already here you know their previous analysis performed for the city I'm reading right from their thing focused on bicycle and pedestrian improvements do you remember those yes they were ignored due to being unnecessary and impractical and not any place that anybody wanted bike trails would use them so now we're going to let him deal with traffic that's to the tune of $129,450 and the system that they're going to be using to predict what we need to do in the next 10 years is recognize that this method is less detailed and maybe less accurate the city again is now going to um like for kimley horn at $ 58,7 120 to coordinate and support rais Financial this is 8G Meir and developing proposed impact fees and what we're going to have is we're going to have kimley horn um supporting reviewing providing comments and coordinating with City staff between rafis and these impact fees that rais is going to develop and they're go after approval of the draft impact fee study the consultant will incorporate changes based on the results of the study into the city's Land Development regulations and the Titusville comprehensive plan and kimley Horn who comes then and represents clients of large developments are going to be using their concurrency tests and things and all the stuff that they've written into our codes and comprehensive plan to help their developers so we're going to pay a total of $174,500 1815 of that will be going to ref Tellis but I would like to say that in their proposal and contract they mentioned the Dodd Frank act which is about conflict of interest have I said kimley horn and conflict of interest enough for you to realize that we as Citizens perceive great conflict of interest having kimley horn come in and help staff develop the rules and regulations and then represent developers in getting around those very rules and regul ulations because um the dod Frank act requires anybody to you know say that there's a reason that they're may be relevant to proposed scope of services that include you know potential conflicts of interest so K Horn's going to get a total of $ 33,976 in this one consent agenda tonight thank you thank you Stan who's on topic um that was it right all right um member Nelson Mo have to approve consent agenda items a through I second I have a motion for member Nelson and second for member Cole roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes consent agenda pass unanimously City maner on to 9A which is the 2024 2025 Community Development block grant CBG annual action plan on 27 February 2024 city council approved the funding recommendations for the city's 2024 2025 CBD program year as a result the neighborhood services department staff has drafted the annual action plan formula formulating the activities and funding levels for 2024 2025 program year the action plan provides for Partnerships with three nonprofit agencies providing various public services and a three-year implementation of the neighborhood services revitalization strategy area and RSA plan for infrastructure and beautification improvements and what staff is asking you to do is conduct your final public hearing on the city's proposed 2024 2025 CBG annual action plan and authorize the neighborhood services director and mayor to sign the Grant application certification forms as required by the Department of Housing and Urban development for utilizing CBG Grant funds with an estimated value of $325,000 um there was a question about why is the CBG money going down um each year we seem to show a decrease uh Terry you can probably better explain it than me but um as more um cities grow and they have access to CBD money the money is the same amount of money you're just Distributing it through a wider group of um cities thinning out Terry you have any other comments uh since publishing the agenda I just wanted to bring to the attention of um Council and the the public that the city has received its allocation amount for 2425 from HUD um we anticipated 325 325,000 the actual will be 37,9 80 that's an update on your handout there there will be no changes to the public service activities um that's within the still the 15% range uh there will be a reduction um on the other two categories which is for the year three of the nrsa plan um that will be a reduction of about 13,000 and then our admin dollars will be reduced about 2400 okay you talk I'm sorry no go ahead talk about about $188,000 cut at 177,000 a little over 177,000 reduction we we started to see that number go up a little bit during covid but then you know it was starting to creep down before covid then it started to creep up a little bit now it's starting to creep back down the more cities grow and they reach that 50,000 population then they become entitlement cities so now HUD spreads that money out yeah I mean it is what it is they more people more cities applying more needs it's going to spread out those dollars I like you know where it's going I I like that we every year um I like the domestic violence Services the Meals on Wheels um safe ride program Bard Alzheimer's I like what we're doing I just wish we had more I mean um any uh comments from council member Nelson I was just gonna say I really like the idea of the Historic Park that was that was a cool idea I don't know who came up with it but it was need we're excited about that project yeah V mayor yes Terry just just question has the when you use the word entitlement city has that definition changed or anything being added to it over the last few years of how they determining you know I know it based on the U the population and and so forth has they have they added anything to that that you are aware of no sir I'm not aware of any changes over the last years you know the city initially um um started the cdbg program when we were not an entitlement city um and we were grandfathered in because we still haven't reached that 50,000 uh threshold but no there hasn't been any changes to the definition thank you anything else from Council call card we have two cards Tony shiff chiffo Tropic Street I live in this area and I'd like to thank Miss Franklin for her work and her diligence in including the community and letting us keep on top of this project I'm basically yes in favor of it but I just wanted to point out a couple of things in case you didn't get to read closely although I see that member Nelson you did U it says that within the City there is one low income designated Target area known as the South Street Target area which contains 61% or more households having incomes of 80% or below the area median income this target area also contains the largest racial minority concentration within the city I want you to be very aware of that as plans come forward with the um West Titusville um Canaveral Heights overlay that's going to be coming and um the city maintains a list of surplus properties in this area um Terry keeps a list of that but they're seeking developers to acquire redevelop dispose of these properties which meet a high priority need um that's true but why developers why not residents why not citizens to Take This Old House and and rehabit with some funds that might be available and now we've got a a living structure again that that family Ames can be and especially with the enactment of the live local act which is going to do away with all our local control and Zoning on on infill especially I'm very worried about infill in this area and I don't get a lot of support when I when I worry about it you're not patting me on the back telling me it's going to be okay Miss chipo it's going to be okay I worry so much about my neighbors who bring their kids home from you know I've told you that many times the grandchildren get to play with I don't want to see those neighbors have to move um measurable short-term goals to arrest the in home uh the arrest in home values based on average sales price and targeted neighborhoods that sounds like a good idea but then in the very same paragraph the long-term goals and outcomes may include but are not limited to increased sales of residential property and increased median Market values I'm confused um but I really appreciate the fact that we are moving forward on this and there's some really good things that are happening in that area but I advise you please please think carefully when things come before you about this area thank you thank you next up last card is Stan Johnston Stan Johnston uh I've owned some property that has been benefited greatly from uh cdbg in which they put sewer water drainage and concrete streets and that project now is known as SNJ Oaks that's one of it's called and now the city of Titusville is going to trash some improvements that cdbg we got and we right now it's being destroyed so I own the property where uh two acres of cdb of SNJ Oaks and it has a and I allowed a um uh a concrete 20 foot wide concrete apron to service six properties six properties they're now zoned R3 and now the city has changed that 20ft wide entrance they approved it as being 8 foot from 20 foot to 8ot then they changed it to 10t and now it's 12T that's on the pl you're back to your Oaks thing which means you've already talked about it so talk about these guys I'm talking about ctbg what you doing to waste money in other words and you're breaking the law don't talk about you're breaking the law well I think you should listen to it coach I am listening I want you well you listen you should listen seriously to it you signed up for this right talk about it I'm talking about a cdbg project that you're trashing you're trashing money that's what you're doing I'm I'm I'm approving what what what what Terry's been doing has been very good been good and she's been managing it very well but by goly your city your your City attorney and Brad parish and and have have really screwed it up because they have prescriptive rights they have it from me and now you guys ex said you don't they don't have it and you're taking away their two-way access making it oneway access totally illegal what you're doing totally illegal you guys are nuts and fruit cakes on this issue thank you all right thank you uh any other comment up here um I would simply say if we said before for it's nice to have you guys there to um in some cases be a safety net for you know the uh Women's Center aging matters rard Alzheimer's uh every time we have the present in front of us um it reminds me of the needs that we have out there it reminds me I and I've always said I wish we didn't need to have the domestic violence and when they give me the numbers I don't have them off the top of my head but they're always so staggering they're so you have no idea I have no idea how many uh women go to the Women's Center um and I'm more familiar with aging matter Meals on Wheels uh and Alzheimer's because my mother's life and I got to see that and it's very important so that being said Thank you guys and uh we we're fortunate to have the cdbg money in any amount uh it's just I'm afraid it is shrinking and we hope that we can do what we can with it uh member Nelson moveed to approve the cdbg 2425 annual action plan and authorize the neighborhood services director and or the mayor to sign the Grant application and certification forms second I have a motion I have a second roll call vote mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes passes unanimously and continued to drive to do a lot with a little city manager uh on to 9B which is ordinance number 12 2024 repealing code section 1213 restrictions on parking of recreational vehicles and other vehicles on public lands at certain times section 12-13 of the city's code provides for a 36-hour window for vehicles to park on certain public land before and after any spacecraft launch or Landing since the frequency of any spacecraft launch has become so much greater than it was when the provision was enacted it would has created a situation whereby vehicle owners are utilizing this section of the code as a method of turning the public property onto camping sites on a frequent and reoccurring basis to the point where this regulation is no longer appropriate staff has recommending that you conduct the second reading and public hearing of ordinance number 12-2020 amending ing the code of ordinances by go ahead Richard go ahead and read it ordinance number 12 2024 an ordinance of the city of Titusville Florida amending the code of ordinances by amending chapter 12 miscellaneous offenses by repealing section 1213 restrictions on parking recreational vehicles and other vehicles on public lands at certain times providing for incorporation under the code providing for repeal of conflicting ordinances providing for severability and providing for an effective date and nothing from staff uh member Cole oh I'm sorry I vice mayor yes you know and and I've mentioned this U before is that you know there are some U some misunderstanding that is going on about this and uh the clarity on uh identifying the vehicle that been there 36 hours orever how long waiting from shuttle delay to shuttle delay and and as I read through this and it's going to be some some some interesting re interaction because uh uh someone simply may say well I left for two hours and when I found out the shuttle was not going off uh you know my time started all over and all all of that has got to be explained well and cleaned up because everyone is I won't use the word every one uh but there's going to be many people that's trying to find as many poke as many loopholes it's a wonderful thing to do to monitor everything and and uh to uh get everything set up but also at uh the leag of cities last evening and it a lot of this is uh a lot of these things were're tying uh are being tied into uh the new law what is it f65 go uh that is coming out about parks and wrecks and uh be aware that the uh it was shared with us that there's some lawsuits that that are coming out about that and you probably aware of them and that that's what my notes are pertaining to as as we uh Implement these things and and and try to do the uh do the best that we can there is a lot of Muddy Water if you will that is that's coming out that we may make sure that we are include as much clarity as we possibly can in in going forward with these things so people can understand that is we're not trying to fight them we're try not trying to hurt them we're trying to do the the best that we can for our city um I would say and we talked a little bit about this city manager that uh first of all I think it's uh needed and it's a an ordinance that came about because uh uh of what we've seen happen and a lot of it started when we started having two launches a day or one every other day and people are we're deciding to hang out we'll just Camp here for the next one and um I agree they're going to be I I still consider this to be a work in progress I think that the tpd will do a great job of figuring it out um and I don't think there uh there won't be much misunderstanding about look you know the launch is gone okay going to move on so I I think it's a a good effort I think it's needed I think it's going to be more needed as time goes on I think that as we have more Rockets going more people coming I think that we need to make sure that we're not using our our riverfronts as campgrounds so so I like it but I agree that's a work in progress and and we'll figure it out as we go I'm sure I have the utmost uh confidence in the chief and uh the police department they'll they'll do so and do so very cordially member stokel yep just to add on to that to vice mayor um with this new passage and I think that's why we're looking at this is because we need to be in compliance with State Statute um I do think that it will be a work in progress and as long as we know that going into it and I'm hopeful that we will stay in tune to the lawsuits that are being filed right now and are happening just so that we know that we may have the ordinance come for us again with those changes I think the intent behind it especially I think to your point mayor knowing that our tpd is going to be out there kind of implementing this gives me great comfort because of the relationship they have with the community um that I think will be okay but I just want to make sure that we are complying and doing what we can to um I think protect our citizens protect the quality of life making sure that people are able to enjoy the areas but also not abusing it essentially so um no I'm I'm good with this and just knowing that we may have to amend it and change it as things evolve okay no nobody else okay call the cards cards and with that member Nelson move to approve ordinance number 12- 2024 repealing code section 1213 restrictions on parking recreational vehicles and other vehicles on public lands at certain times second I have a motion and a second roll call vote vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes mayor diesel yes passes unanimously city manager next is item 9C which is order ordinance number 13 2024 providing for regulations for overnight parking and public areas this is your second reading in public hearing Richard will read for the record ordinance number 13 2024 an ordinance of the city of Titusville Florida amending the code of ordinances by amending chapter 20 traffic and Motor Vehicles section 2058 G to regulate overnight parking on public property providing for incorporation into the code providing for repeal of conflicting ordinances providing for severability and un effective the new code language provides that no motor vehicle shall be in any public park when the park is closed in addition no person shall use any motor vehicle for Camping sleeping lodging or as living quarters from Sunset to Sunrise will parked upon any public street right way or other public property within the corporate limits of the city unless located in an area publicly designated for such camping is already prohibited however addition code language will allow the city to tow vehicles that are parked in prohibited areas in accordance with chapter 20 Article 2 okay Council mayor uh vice mayor no I'm sorry okay I look at this as a tagal to the previous one I think they go hand inand and they're kind of Tandem and they just clean it all up and I think that's exactly what we're trying to do I think it's well intended I think that they both could be a work in progress and I have the utmost confidence again in our chief and our police force to make sure that everything's done in a uh well done manner um any other comments I like to say this is the whoever wrote this it is very clear yeah it is it's very clear so I appreciate that um call cards member Nelson move to approve ordinance number 13- 2024 providing regulations for overnight parking and public areas second have a motion and a second roll call vote member stokel yes member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson here passes unanimously first readings no motion and no vote city manager onto ordinances first reading K which is ordinance number 14 2024 Economic Development advore and tax abatement referendum City attorney will read the ordinance for the record ordinance number 14 2024 an ordinance of the city of tville Florida authorizing the calling of a referendum to determine if the electorate desires to authorize the city to issue Economic Development adorm tax exemptions providing for Effective ballot results severability and effective date this is your first reading and the public hearing is scheduled for the regular city council meeting on 28 May 2024 at 6:30 thank you very much any any cards on this yes sir city manager old business is the state Housing Initiative Program ship affordable housing development funding commitment for the proposed project located at 2,000 2001 South Street the neighborhood services director is seeking council's authorization to issue a new notice of commitment letter for Forest Glenn proposed development in the amount of $100,000 and author the city manager to sign the local uh contribution loan form in that amount for inclusion in the developers request for application to a state program attached is the final copy of the request for ship funding application outlines the pro proposed affordable rental housing development project for seniors which mirrors the 2023 request previously approved staff is recommending that you approve the renewal of funding commitment for the proposed Forest Glenn affordable housing rental development through the state Housing Initiative partnership uh ship grant program in the amount of $100,000 and uh Terry's here to answer any questions that you may have uh vice mayor yes um again always I know that ship is built on uh is a percentage of new application housing application that is put in uh is um is the ship dollars are available I know we just started several years ago getting ship back uh are they going up or is it I know it's proportional to new construction uh uh throughout across the state so how are we doing with that in the economy that we are in well believe it or not in contrast to HUD ship is going up uh and that's because it's based on that there's a lot of construction a lot of property sales new construction so we're staying pretty even with ship okay very good because that's and most people don't know that that ship is tied with with with new construction across the state okay thank you anything else on uh on ship here uh call the cards cards member Nelson move to approve uh renewal a funding commitment for the proposed Forest L affordable housing rental development through the ship grant program in the amount of 100,000 second I have a motion and a second roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson vice mayor Robinson I I'm here with it just and member stoel yes okay got me got me turnning my head it was another question um you have a question you good um yes the the the the question is is that uh I understand that we're getting we're giving them aund a th000 $100,000 sign ship dollar uh is U uh El affordability period or anything going to be tied to that at all yes sir um that's 50,000 from each ship year that would be 50,000 from current year and next year uh according to our affordable housing plan that the state approved it would carry a 15-year uh affordability term for the city um these funds would be going towards permit fees and water and sewer uh impact fees in addition to the city's 15 years the state will have its own affordability per period which is either 30 or 50 years and that would that's wonderful for citizens of our city to hear yep that's that's what I want thank you T so your vote stays yes yes I just needed to get that up that's unanimous vote everybody did vote Yes okay that's unanimous vote pass it unanimously C the manager 11b which is advisability naming of Kirk Point Riverfront Park in 2005 the city purchased property as part of the city's Riverfront acquisition plan as part that purchase the city agreed to designate and name this area as Kirk point the property encompasses the north half of what is now known as Kirk Point Riverfront Park since the purchase the entire park has been referred to by the city as Kirk Point Riverfront Park educational signs have been placed at the park that refer to the park as Kirk point Riv Front Park staff is correcting requesting direction as whether to keep the name as Kirk Point Riverfront Park or rename it to something else that incorporates the name Kirk Point Park as required by the purchase agreement and Brad's here to answer questions as well as Richard should you have them well I I'll just kind of start off and say I recall the uh discussion and I believe there's a legality there due to the uh $500,000 taken off the sale price that will be named uh Kirk and I don't know if it was going to be Kirk point or whatever I tend to like the term uh Kirk Point Riverfront Park and that's the direction I'd like to move forward with I think my deal with it um would be that I'd like to see us move forward with that and I'd like to see us put a sign out there that people can drive by and say look there's Kirk Point Park because right now I don't think anybody knows that that's what it is so with that uh member Nelson I thought I thought there was a sign out there but it's like little writing I want a big sign like to have at s Point Park Etc okay there's not a sign like point you I cannot drive by there and tell you the name of that Park unless I'm wrong and there's a bigger sign I'm not seeing no so there's not and uh staff after you talked about that a little bit we're trying to visualize where it would go because Park's very small and a lot of it is used for parking especially during rocket launches um we would lose a lot of parking if if we actually put that in that area um so we'll take a look at perhaps maybe finding a place to put a a larger I'm not actually looking for a sign that big because let's face it you're really close to that sign when you go by it doesn't have to be that big um it could be smaller and I was thinking kind of close to the area where we planted the tree and kind of at that same angle where it faces the road as people go by I don't think it has to be yeah you know taking up parking spaces I just don't yeah we'll take a look at that okay so that's that's just my advisability that we stay with uh um Kirk Point Park and we get a sign of reasonable size that people can see the sign and know that that's the park they're going by so go ahead member Nelson and I would agree and I think we're Bound by the contract I think so too so that's that part yeah but I think that again my effort tonight would probably be you've already agreed that we'll look at that uh you know Mr Kirk and his wife and family deserve to have a sign there that is notable and can be read it doesn't have to be as big as what I you know I'm not talking about 15 foot but six foot six foot eight foot something that you know kind of like the county parks six yep uh member sto yep uh question for staff is this advisability where you're looking for city council just to say we agree to name it or we we don't need to discuss signage right now it's just more the official name is so a citizen came before Council during petitions and request and ask you to reconsider the name of the park okay so you want to know we we provided this as an agenda item showing the the uh actual contract that was involved back in 2005 I don't think there's really a decision to be made um I I we're looking for your direction if you would like for us to go look at further into this and it did I'm not going to lie in my genda briefing I had to I remember this happening and I was like wait let me piece this together because it was a while ago I think if uh on a on pages two 249 and 250 I think what happened was the property that was sold wasn't the entire property but it's a significant portion of it so there was some hey should we not maybe only name part of it I think was what they were saying but looking at the contract on 249 provision for the city to agree to designate and name this area as Kirk Point as part I feel like for the sake of I mean I don't want to confuse I wouldn't want two separate names I think that my uh vote would be just yes it's Kirk point I think when you pull it up on the maps it's called that right now I think we're we're good um we the price was reduced for this um so I'm happy with it staying the same and I think we're Bound by that mayor we do have one card okay would you like callard Tony Shuff I didn't know where this park was I'd never heard of it before but I looked it up and I went by and you're right told you nobody knows you got to get a sign so then I wondered you know H Kirk Point what historic was their um you know the point Kirk point was it uh Captain Kirk came here a long time ago or um you know what's the historic name behind it and then I was looking at the pictures and I see that there is a a Mr Kirk who's on the and I guess it was just property that belonged to them but I just wonder why are we even talking about changing it um it's it's pretty neat because you do have Kirk point which is a very nautical kind of nomenclature Riverfront Park is very descriptive it's a nice name it's there and besides aren't you kind of bound by that contract to not change it that's what we said I think that was a second of the motion can I add Tony that uh the Kirks started front what was it Frontier yeah Florida Wonderland Florida Wonderland Florida Wonderland with Johnny wise Muller the tant who lived in Royal Oak and apparently used to run through the neighborhood at night doing his famous crotch and they had monkeys which escaped they did Escape I do they actually got in my sister's car yeah that was kind of famous uh member Cole I just want to make sure that we understand that the original purchase price of the land from Mr Kirk was I think like 1.5 and he took 500,000 or more off of the exactly $55,000 so I I mean I I I can't imagine us even thinking about changing I don't think we are I really think this only came up because there was someone who who asked us to look it over and I think you can't you can't do that so and I think it's I think it's the right thing to do anyway so is there do we need to vote on this yeah I'd like a vote okay um any other cards yes sir all right motion I'm not even sure how to do that one um move to not advise not advice okay Herman you how about how about to take no action take take move to take no action that sounds great I got a motion and a second all those effect no I won't do that Mo um roll call vote M Nelson yes mayor diesel yeah that is yes right take no action yes vice mayor Robinson yes member stokel yes member Cole yes unanimous city manager new business advisability for special event permitting current special event permitting regulations and procedures are confusing and inefficient a significant amount of staff time and resources are spent chasing documents and forms from applicants events occur without formal approval and the regulations are difficult to apply in addition applicant applicants complain that the process is erroneous and in inconsistent staff has identified several areas for improving this process such as replacing the application with an online form realigning personnel and responsibilities and changing definitions and criteria in the code and adjust the review fee we wouldn't have brought this to you if it didn't involve adjusting an ordinance this is just a a process that we have but it's it it is associated with an ordinance so we will need council's approval to move forward with taking a look at the ordinance and revising it well thank you I uh I get happy when I see anything that says uh streamlining streamlining the well not just us but streamlining lining the paperwork streamlining the bureaucracy streamlining special event permits uh whatever may be it's going to uh save staff and it's going to save citizens time and effort and frustration I think this is exciting and the more places we can streamline the better um I I I think it's a a no-brainer it's uh it's something that needs to be done and I'm glad you guys saw it and did it um any other comments none uh Brad you want to say anything or am I pretty good about the fact that we're streamlining yeah we we're going to come back with the the revised ordinance so this is just telling us to go after it and clean we we need to uh move forward and vote on this or anything okay let me have a motion move to take action special event streamline the special event permit application intake review and coordination procedure and fees second oh let me say I have a motion by member Nelson and a second by member stokel roll call vote mayor diesel yes mayor Robinson yes member stokel yes member Cole member Nelson yes it passes unanimously city manager new business item 12b which is advisability for transi accommodation in the shoreline mixed use zoning District city has received an application for a Transit accommodation at a property which is adjacent to the Indian River Lagoon and is zoned Shoreline mixed use the current zoning does not permit Transit accommodations staff is seeking direction from Council as whether or not the code should be amended to permit transient accommodation with Shoreline mixed use zoning district and Brad's uh guidance today was to describe to council what Transit accommodation is before we have the discussion thank you Mr Brad I'm just going to read a definition to um it basically says that a dwelling unit or other accommodation used as a dwelling unit or other place of human habitation with sleeping accommodations which is rented leased or sub leased for less than a monthly periods or which is subject to time sharing pursuant to applicable law for less than monthly time share periods Transit accommodation shall include hotels motels and similar uses if used as a dwelling units and or residents for more than one month a Transit accommodation shall be considered a residential use an accommodation is not a Transit accommodation if it is rented leased or subleased for periods longer than one month I can tell you right now when we came across this particular issue we were very confused um and then we looked at other sections of the code about other types of definitions to see whether this particular request that we received fits in other uses and that just caused even more confusion so I've put in the agenda here uh in your packet this definition I just read for this particular use Transit accommodations also bed and breakfast uh short-term rental and hotel motel and you can see there's some inconsistencies or it's difficult to kind of apply what I um these kind of short-term rental uses I guess whether it's in a house or in a commercial business or a motel or a bed breakfast in this Shoreline mixed zoning if you're not familiar where the zoning district is located it's along the shore between a downtown and um River Edge Drive so it's really the bulk of us one the main part of US1 a lot of those properties are are have this particular zoning District it's very specific uh you don't find it anywhere else in the city um and it allows a mixture of types of uses but when it comes to uh the request that we reive for example um a request to put in a to allow uh a business tax receipt or a business license or an occupational license for what we initially thought was a hotel and then we thought later on was a bed and breakfast but then we saw this use it probably is more accomodating based on how the structures were built uh it just Lent us to believe that we probably need to get some more guidance from you as we would like the opportunity to explore this some more and come back to you with any recommendations to an ordinance if needed um it's possible we might not need to make any changes um we're not sure yet but we would like some to spend some time really exploring this some more and come back to you with more uh specific recommendations um and a better under and maybe um come back to you with u some more information as far as how it's been used in the past um and how we can probably either eliminate this use or maybe roll it into one of our other existing uses but basically this is the shoreline mixed use zoning District like I said a long us one the question to you is do you see that as a use that's more or less a uh for hotels motels bed and breakfasts things of that nature and so if you like to provide us any guidance or if you we'll welcome it otherwise um if you approve this advisability we will explore this in more in depth and come back to you with some suggestions member Nelson okay so Shoreline mixed use would be east of us one correct that's correct that gives me pause because that that land is narrow right there and I sort of scratch my head and go um that's a burden to put on that property in terms of the environment I agree we need to look at it I looked at the definition of Transient Accommodations I think I read three times and I was totally confused I was just like needs to get fixed so I'm not necessarily would not necessarily be inclined to put transient lodging in Shoreline mixed use that's just my thought I look at you know like Kirk Point look how narrow that is where we put in the Rotary Park again very near nrow the only pieces of property that aren't narrow are pieces of property that were filled in that's my thought uh member stole uh my thoughts are somewhat similar I'm looking on page uh 292 or I'm assuming it says Shoreline mixed use and then the purpose and then it has minimum lot maximum so and those look to me like it's mostly speaking to residential like are there and then I look in the definition are the purpose it lists residential public semi-public tourist commercial so what is is that what you're saying is it's very confusing you don't know what somebody can do with this type of land use yeah so on the previous pages of that you'll see for example bed and breakfast is a permitted use yes and but a hotel motel is a prohibited use but in in the purpose statement you see here on page 292 of your packet it states uh based on historical and existing land use commitments it is the intent of this District to encourage and enhance a mix of residential public semi-public uses tourist uses commercial uses public and private Recreation uses including wet Dock and boat shops are promoted so it's kind of a hodg podge of a lot of things that could be allowed along this in this particular zoning district and I think it was mainly to just it seems to me it was created to accommodate things that were already there okay and so based on the historical development pattern that was going on along that Shore um right now uh like I said a hotel motel is not permitted those are traditionally considered to be Transit type homes or uses rather commercial uses the zoning District does not allow that bed and breakfast is if you look at a definition of a bed and breakfast um which is on page 288 of your packet there are limitations with that definition it talks about a bed and breakfast in is a structure originally built as a single family residence or new structure which is des designed as and appears externally as a single family residence where short-term lodging rooms and meals are provided to overnight guests and then it has a laundry list of conditions you have to or limitations you have to adhere to so I guess the question is how do you see right this zoning District okay um I I personally see it I I feel like one I think that we probably do need to clean it up a little bit that being said I don't want to clean it up a little bit and say yes we want my I don't I see it as a minimal impact essentially so like bread and breakfast if it kind of meets that definition of more of a single family not many cars going in and out not 10 stories that type of thing I I I go and I go back to honestly when we had the referendum where we we agreed as taxpayers to purchase land along the river like our intent I think behind that and I would hate for us to make a decision where we are um putting more strain on the Indian River Lagoon putting more and it is a very narrow strip along the anytime you drive down us one it is narrow um so I would want things that make sense I I I I mean that's hard to defin but that's kind of my vision if that helps I would go back to the uh referendums years ago when we purchased such riverfront property uh I am I'm not feeling the the moving in and and taking away the riverfront property I think that uh Transit accommodations on the shoreline has been pointed out how narrow it is how I think environmentally sensitive it is I think it's a I think it's there I'd like to leave alone so I don't you know that's just me throwing that out now we can get to a yes no vote in a minute but uh I'm I'm not feeling the transi accommodations in the shoreline mixed use zoning District at least not the areas that I'm perceiving it to be so um that vice mayor yeah do you as far as from north to south from north to south how much land of miles of land of that cover that is not already uh occupied or already have a purpose how much vant land is inside this area if the shoreline if we did the shoreline from the north end to the south end and KN that it's very narrow how much of it is already has something always I don't think this there any bed and breakfast is that is already there right now it may be uh Yacht Club I think it used to be a yacht club up on the North End on the south end yeah yeah down there maybe up there but it is it it still is not a whole lot and and uh I I we I my personal I think I'm along with the mayor I don't want to do a whole lot we already got stuff and we want be people to be able to Walker down or walk down or drive down us one in the narrow areas you know look at the space and and and on some days the Indian River Lagoon is beautiful to look at you know when the sun is hitting it at the right or the Moon is hitting it it's beautiful when it hits it at the right and we want to kind of keep that so that's me it appears to me that I'm hearing that you would not like to see an encroachment of of um these kind of Transit type uses like hotels motels that kind of stuff inside this zoning District yeah because currently Transit accommodations is prohibited use right and so are motels and hotels okay I guess I I I almost feel I'm not trying to be smart out here but it's almost like why would we I mean and I get it um and we're not talking about improving the uh the housing issue not on any permanent basis it's transient um I I just I'd like to I'd like to leave it alone um member Cole what let me make sure I understand and I totally agree with what everyone else said but it's already a zoning District right it it's that you can put stuff we can put bed and breakfast is in there it's authorized the bed and breakfast is authorized yes be different and I'm not going to say it' be my favorite thing but it would be different than putting in a understand I just I would really mot if we could do something to say you can't put anything in there that's what it come what I don't want to do is start adding hotel motel I wouldn't want to add so I guess what I'm saying is yes the advisability can we change the zoning District so that we can prohibit any type of building on the sh line well let's not get in there let's not go there right now we get into that we're not giv that advisability draw are are we there we needed to take some kind of Vote or a vote what's a what is it think on that oh okay so the motion is not to uh include transi accommodations in the SMU Zing district and to clean up the language okay second second oh um motion by member Nelson second by member stokel roll call vote vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes mayor diesel yes pass it unanimously okay we move to petitions or requests yes all right petitions request in public you're the only public left so come month matter of fact we have gained some we still got the green shirt over there how are you hi I'm good how are you I'm good good to see you Elizabeth Baker Augustine Drive um so I have a couple questions one is how many citizens not developers not people from special interest have come to you and asked for you to count pursue citizens on the right to clean water any oh I see you're saying okay because a lot of citizens have come in here and said that we want the right to clean water and we voted for the right to clean water and I think that there's some confusion here on some of the people sitting in these seats on what it means to actually represent the people because we don't care what you think what you feel what you like what you want I don't care I don't care at all 83% of the citizens of this city voted rightfully for their right to clean water they're not Rogue they're not stupid they're not soe happppy they're not trying to hurt anybody they simply want their constitutional right to clean water to be upheld and there is absolutely nothing wrong with that what's wrong is when we have Representatives not representing and to repres present you stand in place of I don't know why we're having this battle in the first place it shouldn't be the citizens busted their butts got that on a ballot made sure it happened and now they're being fought it makes absolutely no sense so since we're so enthusiastic about interpreting certain language maybe what we should do is interpret that 83% have a good evening thank you next good evening St Bailey Coco Florida um first I want to touch on the Cumberland Farm situation that I watched earlier I would love to come with you and take that tour that you offered them I'd also like to maybe reach out and do the Florida Department of Environmental Protection the Environmental Protection Agency I do know that this is in their realm as far as contamination goes before I got here I did go through the paperwork and the testing and so I started sifting through that and I'm also included into all of those emails so I won't go into too much about that real quick and stop the clock because I'm gonna um I do want to meet with Jesse I do want to see his emails I do W to I want to know more of the story because apparently this is a long story and I'll leave it at that that because obviously I want to know because yeah if there's something going on we need to know it it would be helpful for me as well to physically see it because I've been included in all these emails and it can get messy that's a good idea I hadn't even thought that to be honest with you okay go ahead I also want to I also want to touch on the right to clean water narrative um I I understand that lawsuits cost but the framework with our water management here is based on failure and again it goes back to what everybody else has said I'm going to repeat this is what the citizens voted for the citizens are up here the council is here you represent the citizens that's why they're upset they voted for this did they vote for something that you're claiming isn't necessarily what you think it is it doesn't matter it doesn't matter what anyone thinks up here it doesn't they voted for it and you are taking away their right to go ahead and get that passed I also just want to com there's another comment that was made that said the FD C Ep would never do that with the drinking water ask the people of Flint Michigan ask the people of pitcher Oklahoma ask the people of Hinkley California and Camp Lun you guys are the first line of defense when it comes to drinking water quality and there's already trust eroded with the government we need it built back there's already been so many cases and examples of issues with water quality across this country posos is just the latest there's been other issues with other places is so to advocate for your citizens and to let them know I actually care I want to know what's in your water four parts per trillion I wasn't the one that got that passed I advocated and lobbied for that this stuff builds up in your body I know I know it's hard to understand as you drink and you keep drinking especially children are the most susceptible and I will continue to come here and speak on that because my family was personally impacted by this contamination yeah you told me I remember that so just think about those other places research those other places Camp Lun right now is going through a lot because they had stuff in there drinking water and it's not your fault none of your fault nobody is blaming you this has been going on for decades and that's why I'm trying to get the letter for that we want last one I had was 2015 so I want to see that I want to see Jess stuff and then that's a good point then go go out there that would be great please um I'm going to email you you the testing I downloaded and the link directly to there's hundreds of documents to that Cumberland do and i' nice be nice to have that one I'm sitting with Jessie great you guys have a good night thank you um I don't know if anybody left there's one person hadn't spoken yet anyway you're the last one am I no no okay this is my first meeting oh Observer oh okay well good I'm glad you're here thank you thank you very good um city manager I believe we're on Council mayor's reports I think I'll go Council first and I will go last and we'll start with Herman uh member Cole Okay I uh I am a guest speaker at two events on Memorial Day one is at lasita and the other is at The Bard Veterans Memorial center I'm the I'm the guest speaker and that's in Meritt Island and I'd just like to share being being a being a Vietnam veteran I went down to the to the traveling uh Vietnam memorial it was down in Wickham Park and I tell you it's it's been almost 50 years but I still can go and find names of wow my family and friends that were killed in Vietnam but it was even better than that because it had the the total 58 ,000 uh members that were killed in Vietnam it also had the 911 victims it also had the people the guys that were killed in in Afghanistan and Iraq and what was really interesting they did statistics on ages and there were a few 16y olds wow some 17y olds and almost half the people that were killed were under 21 so you know the it was it was just interesting I have been to the one I have been to the one in DC and this one is well put on it was in Wickam par and uh I think the last day for it was Sunday but it comes every year and if you get a chance go down and look at it it's it's pretty impressive got remember draft is at yeah 18 I know but you had 16year old yeah I know yeah member Nelson uh we made it to the award ceremony to give out scholarships at Astronaut High School and I was joined by Mr Robinson and it was hot and our mayor went to Titusville High in the auditorium we were in the football yeah where were you guys we're out on the field oh my goodness yeah we were sweaty but I have to say the kids that we gave out seven between the three rotary clubs we gave out seven scholarships those kids would make you so proud Absol I mean they have overcome adversity they have great grades um one of the kids that got a scholarship um was working 30 hours a week and had a 4.2 average well and so it really makes you feel good to see those kids and on another note I understand that the mayor has agreed to go come to the Boys and Girls Club for water balloon day yes did you know you were coming for water balloon day I doing something like that something something with water I knew I knew but make sure you remind me I would not be wearing my good clothes it won't be okay and I was going to pass and come back but since this ties up I was at titel high school and I was honored to present some awards uh one name in my honor which is always really really special the Dan diesel sportsmanship award and that just this I can't tell you how exciting that to have that no quiet quiet Qui quite quite or if you donate a lot of money I don't have I'm not don't have money and I'm not dead um this past week and it always assures me when I'm there and I was as the mayor I I took a little more role and I I sat up front and got to watch all the awards and um it always assures me that our future is safe yeah because there's times you you watch too much news it's like oh boy here we go but the Youth of our city the Youth of our state youth of our country I'm sure overall we are in good hands um I do want to share that at the awards night and this ties in with what you said uh me member Cole um this was really special I was honored that I didn't know this was going to happen uh Titus High School senior class has 15 uh students who are signing up for the military yes they all lined up uh all five not counting space uh Force but all five branches are represented they all lined up and they took their oath and when I want to tell you what I got a video of it and then as soon as they got you know so help me God the place did a standing ovation uh that was that was really special one of the most special thing I've been going to those award ceremonies since uh 1982 and that was probably the most special moment I think I'll never forget that um in the reminder as you hear it's raining well rainy season is here because graduations are at hand because it didn't rain for two months and now graduations are next week and now you be di in rain um and we've always said that that's true uh and with that I'll pass it on to vice mayor well I I was included in everything member uh sir could I have you get your microphone on and yeah want closer than remember Nelson uh member Nelson included me in the uh uh the scholarship and uh I was very very pleased to to be there to see that like uh it to be there when when uh people start their lives they think they're finishing it yeah but in reality they're just starting and uh last night I was sitting at the back table again uh [Music] where where's down uh down at u melbour beach and uh with uh giving out scholarships uh uh down at Melbourne Beach uh so we did a little bit that for the rest of it uh let the uh the vice uh president vice chair uh do the rest um yeah so last night we did have our space coast Le of cities meeting down in Melbourne Beach um and vice mayor already kind of mentioned some of it there biggest thing was there there's some ongoing litigation that continuing to happen um one with the homeless bill that was passed and still with form six I did want to update you on that um the attorney did say that there is ongoing litigation they are aware that deadlines are coming up for people to file their form six I would say if you're um a candidate running for office you probably want to go you I I you're going to have to go ahead and do the form six um if you're not because the deadline is a little bit later you can choose to wait um and see what happens with the litigation it they're hoping with this litigation that something will happen where it's either like postponed or it's adjusted um just because of the invasiveness of um doing the form six at the city level essentially where some people don't get paid a lot or it's volunteer position and it's can be tough getting people to run as is um so that was updated uh scholar ship we gave out I wish I knew the total I want to say it was around $155,000 in scholarships we had the space coast Le of cities and then associate members and Community Partnerships that donated funds I think we gave out eight a total of eight and talking about the youth um and who's coming up to be our leaders I was thoroughly impressed absolutely um 4.5 GPA uh participating in competition I crazy stuff U one going into the military it was it was just very it made me feel really good about who's coming up to be our leaders what was really touching I thought this time they did they had uh a parent or a family member actually speak about their child or family member and I think that was really nice they they didn't know that ahead of time but we kind of uh Kenny Johnson was the scholarship chair this year and asked I think that was a nice touch for them to just be honored that way um so that happened I do have one ask because I don't think we did it at a council meeting yet um and I want to say I think the vice mayor probably wants to attend as well Florida League of cities annual conference in August and the national league of cities as I mentioned will be in Tampa this year um and I I know I would like to attend I'm assuming vice mayor does and if anybody else would like to attend either um multiple people from cities will typically gotion so the national one is in November and the annual one is in August so um I think we do need to have a motion and vote for that so um and I don't if anybody else would like to attend we can include that in the motion as well I know okay and you don't have to now or we can come back waiting to see we won't do that yet okay but I will at least make the motion for myself and vice mayor to attend the Florida League of City's annual conference and then the national league of cities conference I have a motion second and a second all those in favor say yes yes yes opposed pass and that's all I have thank you that's all us right city manager yes sir on the dis we you have a letter that we received late today from the uh Space Coast transportation planning office they would like a letter of support um for the Coco multimodal station and rail improvements they're applying for a Federal grant the name of the uh Federal grant is the Consolidated rail infrastructure and safety improvements CR II discretionary grant program so um the TPO is requesting the cities in Bard County that are affected to write a letter of support we will do that it's a short suspense so um the motion would be to have the authorize the mayor to sign the letter of support for this op Nelson so moved second I do have a question is this for bright line yes ma'am oh definitely yeah I agree I totally agree um I got a motion and a second all those in favor say yes yes opposed pass unanimous and the rest of in my report are all information items for your information should you have any questions and then we've got the add-on for the City attorney okay City attorney I have two items one is for action and one is is for information I've just passed out a document uh this has to do with the Visa Mastercard class action litigation currently there is a class action suit and a settlement the settlement is in reference to Merchants that have accepted any Visa Andor MasterCard branded cards in the United States the lawsuit claims that Merchants paid excessive fees known as interchange fees to accept Visa Mastercard uh because visa and MasterCard individual in together with their respective member bakes according to allegations violated antitrust laws all businesses that have accepted visa and MasterCard branded cards at any time from January 1st 2004 through January 25th 2019 may be entitled to a percentage of the 5.5 billion settlement in this class action as of this date notice has been given that the deadline to file the claim is May 31st the city was provided a prelim Min Ary total of approximately $814,000 for interchange fees paid during that time period this is not the recovery amount the city will be receiving rather claimants will receive a percentage of that my ask tonight is to you to authorize me to file a claim in that class action suit with regard to Interchange fees that the city may have paid okay uh Council anything any questions on that understand that okay then sorry just to clarify so I forget what it's called but if we file the claim it means that we could not go after them ourselves is that cor we're part of the class so there be reason to not if you opt out of a class you are on your own and you would have to F you cannot share in the recovery so we're part of the class the question now is as of May 31st we have to file our claim so I'm just advising you and reason to not file a claim in my opinion correct and authorize the city manager to to file the claim okay so I move that we file a claim yes in this class action second I have a motion I have a second all those in favor say yes oppose passes I have one other item for information as an update if you recall the city had filed a complaint in Circuit Court to Abate a nuisance on Beachwood Court to do what now Abate a nuisance there was a property that we felt was a public nuisance had gone through code board that's right that's right U junk and debris uh to the extent that we believe it constituted a nuisance and you had citizens complaining uh I want to update you as of today that property as far as the nuisance was put into compliance I have pictures I'll pass that you can look at that shows the before and after yeah I didn't see the before but the after is like clean yeah i' seen it before correct the you know it was one of the it was it was really the front back the sides there were structures uh it did take a long time and a lot of effort from the family to bring that property into compliance but I just want to advise you that code enforcement did go today and did put those violations into compliance there are other issues at the property they continue to work for work towards but with regard to the allegation that the property was a public nuisance that has been remedied so that case is being dismissed voluntarily by the city because they did achieve compliance very nice very nice that's it yes yeah we'll see him for so mayor um I I was just looking up while Richard was speaking we have an an update from uh bavard County Natural Resources office as of March 15 2024 on the Cumberland Farms would that be sufficient or yes yeah yeah I mean yes that's recent I'd like to see and now it didn't come to the city this is something that Mr Wright shared with the several people in his emails yes so I'll run you copy that and put in your box that's fine thank you that was quick yeah anything else if not meeting jour for