e e e e e [Music] h let's call a meeting to order with the uh moment of Silent let us stand for the pledge I to flag of the United States of America and to the rep for stands na indivisible andice for all city clerk would you read the rules of the report 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 quard additional 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 the first or second petitions but not both no signup card is required citizens should not comment on any issue more than once during the meeting all comments except petitions and requests must address the pending issue and citizens will be given three minutes to speak on all items citizens wishing to speak on the consent agenda must submit a signup card identifying the items of interest each speaker shall be limited to three 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 city clerk I need a motion to approve the minutes dated March 12th March 26 I need a motion to approve the minutes for those two days move to approve the minutes of March 12th March 26 5:30 and 6:30 second motion has been made and second call for questions hearing none call all in favor say I I I all opposed same sign City man special request and presentation sorry sir oh we had special request yes sir good good evening uh vice mayor and councel uh we are on item 5A which is uh two proclamations and with your permission sir I'll read the proclamations and then if you could present them to Mr Parish after the proclamations are read all right okay official proc proclamation of the city of Titusville Florida whereas in 18 72 J Sterling Morton proposed to the ne Nebraska Board of Agriculture that a special day be set aside for planting of trees and whereas this holiday called Arbor Day was first observed with the planting of more than three a million trees in Nebraska whereas Arbor Day is now observed throughout the nation and the world and whereas trees can be a solution for combating climate change by reducing erosion of precious top soil by wind and water cutting heating cooling moderating temperature cleaning of the air producing life-giving oxygen and providing habitat for wildlife and whereas trees in the city increases property values enhances the economic viability of businesses areas and beautiful beautification of the community and whereas trees wherever they are planted are a s source of joy and spiritual renewal therefore I Daniel e diesel by the authority vested in me as mayor of the city of Titusville do hereby Proclaim April 26 2024 as National Arbor Day in the city of Titusville I urge all citizens to support efforts to protect our trees and woodlands and to support urban forestry program further I urge all citizens to plant trees to Gladden the hearts and promote the well-being of this and the future Generations signed Daniel e diesel mayor second Proclamation tonight is for Earth Day official proclamation of the city of Titusville whereas Earth day was first celebrated on April 22nd 1970 and whereas millions of Americans of all ages walks of life political affiliations gathered in cities Across the Nation for the first Earth Day to demand basic protections for the planet and to commit to leaving behind a healthier world for the next generation and whereas Earth a United people who had been fighting against oil spills polluting factories power plants raw sewage toxic dumps and loss of Wildlife and other environmental ills and whereas the work continues today and whereas Earth Day is an annual event created to promote environmental citizenship and action year round and whereas Earth Day reminds us that we must not pass a world Beyond repair to the Next Generation now therefore I Daniel e diesel by the authority vested in me as mayor of the city of Titusville do hereby Proclaim April 22nd 2024 as Earth Day and in the city of Titusville I urge all citizens to support the efforts to protect our environment and the future Generations so that they all can May inherit a livable sustainable and ecologically Rich planet Earth signed Daniel e diesel mayor mayor if I could have you present the two plaques to Mr Parish you're your right hand okay right you hold it with your and we shake hands with your thank you all right thank you then you are accepting the for the group so I'm our sustainability planner Abigail trout was not able to he be here today to accept these but she was supposed to do that on behalf of the city these two events will happen on the 22nd and 26th next uh later this month and we want to invite everyone in the public for this event thank you for all the hard [Applause] work all righty uh line item six on to uh item six which is boards and commissions agenda item 6A is the code enforcement special magistrate the code enforcement special magistrate semiannual report is included in your package no actions required item 6B the tville housing authorities semiannual written report is included in your agenda packet no action is required and mayor we are now on to petitions and requests petition and request we have any and request please state t name and address good evening my name is Rhonda Stover address 2485 Heritage Drive Titusville Florida 32780 thank you uh Titusville city council members and mayor Dan diesel my name is Ronda Stover and with me are residents of Heritage Drive Southwest to discuss the willful neglect of the canal between our properties and Windover Oak Apartments many of whom have contacted Public Works among other entities for resolution all of which including my request have been blatantly ignored this canal is under the direct jurisdiction of the city of tius will proven in the packets you have all received I personally have been attempting to resolve this issue for over 20 years which is unacceptable and important behavior on the part of the city of Titusville as well as the risk management Public Work departments in addition I have requested a meeting with city manager Scott L reice and Public Works director Kevin Cook which have also been ignored while we are pleased that after 3 years of this instance to see Public Works finally take our complaints seriously as you can see by the pictures attached from Friday April 5th the equipment had the ground collapse underneath providing further proof that this manages this area has been mismanaged and neglected for far too long the retention wall on the south side of our properties has Dam been damaged due to this negligence and D elction of Duty and we have suffered great harm as a direct result the pictures in your packets are proof of our claims and has absolutely nothing to do with the easement says Mark langdorf of risk management suggests whose letter is also your packet dated October 18th 2023 Mr Lor's letter was meaningless as it does not address the issue at hand and inste instead attempts to pass the blame to the residents you also find in your packets my original email dated July 16 2021 requesting assistance none of which I should have to do the assistance alone has been ongoing for almost three years while our property suffer further damage due to this negligence this can only be described as willful negligence or incompetence neither of which are acceptable and will no longer be tolerated city of Titus so regularly provides maintenance to the south side of this canal we deserve uh nothing less than equal treatment I've been informed by Mr lorf that the equipment was in the shop the equipment has not been in repair for three years we will no longer accept these excuses and political tap dancing by the city of tville authorities to insult our intelligence and kick the proverbial can down the road that this tasking on a regular basis is difficult timec consuming or costly is not our concern the facts are that this canal is under the full jurisdiction of the city of Titusville and therefore your responsibility to fulfill your obligations and responsibility as Titusville officials the St John's water management and EPA have no jurisdiction as this property was acquired an Annex long before either were developed as institutions and through my research Rivard County also has no jurisdiction as well our question to you is would you allow this and accept this treatment were this your property how is it accept cable when you know well the problem needs to be addressed in a permanent resolution presented codified and put in place many of the residents of Heritage dry Southwest are retired some of who are US military veterans please stand and be recognized veterans how much how much more time do you need to do this uh just a couple more couple more seconds right please stand if you recognize our veterans of Heritage Drive these are the people that are affected by this they are unlimited incomes how many times you expect any of us to repair our properties while your negligence causes further damage damage only to have to repeat the process every few years we do expect an immediate resolution and we expect that we expect the city to accept responsibility and develop a plan that includes a permanent solution to include a regular maintenance schedule simply dredging the canal is not accept acceptable and does not address uh the damages we have suffered as a direct result we will not pass this disaster onto our children to deal with after we and you are long gone while you're inviting new businesses a residence to Titusville you are neglecting the residents that put you in these positions of power to serve this municipality this is our home our property and has been allowed to erode because of lack of attention on the part of the city of Titusville all we expect is the city fulfills their obligation to the residents of this community and provide a per permanent solution to this problem thank you thank you um for your concern your your situation with uh first I would ask if the staff would give us some feedback on this yeah storm water has a schedule to be dredged um I Texas s a little while ago they're expected to have that done this week so the gradeall has been down for a little bit of time our lar machine we used to dredge but they are scheduled to be dredging in that Canal on the south side of of the canal beginning this week okay so we are addressing the issue presently we're addressing the maintenance of the canal yes all right any of the uh can we're aware they have to restore the bank on the South Side this this ditch is has very limited access at all so we have to access through the apartment complex to get to it we can only put our gr on the south side of the ditch and only work it from one side so it's it's a very tight limited access for our equipment but they they have committed to getting out there this week thank you uh Kevin and we'll just we'll wait to uh give us some feedback at our next meeting on how we've progressed on this and getting to take care thank you so very much MERS might be helpful if Mr C is able to meet with Miss over maybe some discussion might help reached out to Mr cook several times he's ignoring me I have emails okay okay let us let us look is that uh Kevin is uh and my my stat status on it is that he has assured that us that this particular point at this meeting is being addressed and if it is uh not we will look at it and I'm asking for an update uh on that at our next uh uh council meeting sir I you may come up and speak yes yes sir your name and address my name is Luke Pare uh address is 2465 Heritage Drive Titusville Florida uh moved here I me an immigrant from France moved here to Titusville with my mother in 2005 have been here since I've recognized some ccil member Mr Cole used to work at L for you and the members um officer Jackson one of my police officers at Jackson Middle School I bought this house as my first home in 20 during the pandemic right before love tville Community don't want to move away from it because I my roots are here my kid is here my wife is here she's a nurse they have attempted to dredge the canal before in fact they did it in 2020 if my memory recollects however part of that issue that we're having is trees are growing through that seaw wall if that seaw wall fails the property slides back them dredging the bottom of the canal for debris is not the issue the issue is all the trees that are growing from the canal that they are not taking care of and in turn damaging our property due to that negligence of not clearing the canal as is expected I I'm not here to Coss the scene I'm not here to I'm just here to inform you of my dilemma as a citizen of the city I've been here for a while again I love this community and I don't know want to move from in fact I try to join the police apartment here many years ago due to unforeseen circumstances I can't do it however my plan is to be here here for a while my plan is to hand off this house to my son when he's of age and I'm ready to move out to a smaller place to give him an opportunity to thrive in an economy that hopefully will be better than it is today however we just I'm asking for the help of the city as a 20 I'm sorry 30-year-old man who just bought a house three years ago to help us with this dilemma and this issues that we are all facing on that street you know I don't want to lose my house due to a landslide because the wall failed because of trees growing through the wall I've already had to put 800 lbs of concrete to try and reinforce that wall during a major uh storm because there's cracks in the wall due to trees growing through it and sand is just sipping through the back of it okay that is my thoughts on this matter and I appreciate you for your time sir if I can ask question excuse me remember stok yeah I just yeah I just had a qu quick question so is is the biggest issue that they when they do come out and dredg it because it sounds like they did come out in 2020 do they are you saying that they need to it needs to be like dredged more often or what's the issue that's happen the issue is there's trees that have been there for God knows how long and they're growing from the canal through the seaw wall and causing damage to the seaw wall which in turn allows the dirt that's holding our properties up and I'm sorry I'm holding up your time sir that's holding our properties up because that's what that seaw wall is essentially doing okay if that seaw wall fails that property slides it it's just laws of physics I'm an educated man but did the dragging in 2020 help not at all all they did was remove trash and debris from the bottom of the canal in the middle of the canal not closer to the end of the so still correct the the trees are still growing through our property and our seaw walls coming from the canal that should have been cleared up okay' okay remember Nelson are you still that's I think I understand it so canals like this correct and the trees are growing the trees are growing from the bottom of the canal through our seaw wall okay so those trees are actually in the canal correct the roots in the canal yes ma'am okay got it thank you thank you madam excuse me can I be recognized I go my name is Christine Simmons my address is 2445 Heritage Drive I've had this problem I built my house in 2016 my whole fence is bent in because of the pressure from the trees into the wall bending my fence my husband has cleared that out he's a disabled vet he has a bad back every day goes out there to try to clean everything up it's it's in vain you know I'm just so frustrated that all this stuff that keeps growing up into the wall and I'm losing dirt I'm so afraid that it's going to sink right out and then who's going to replace it so I think that the city of Titusville needs to do a better job all they do is they're concerned about the Southside nothing's done on our side our property everything is getting ruined I had to take down part of my fence so I can clear the tree that was growing through my fence so it's all coming up it's disgusting and I just want somebody to do something about it and I appreciate that thank you um my question to staff is who does the property belong to is it the resident what is the city's responsibility and what is the resident's responsibility in this situation we're responsible for the canal the seaw walls are not publicly owned we are responsible for the canal yep the seaw wall belong to the they were installed to build the houses they're not publicly owned so if the trees are growing in the canal and impacting the seaw wall it would be our responsibility correct we can take a look at that circumstance the the canal when it gets dredged we dredge as far as we can reach with the equipment if you recall this was a canal that a few years a after we dredged it there were complaints that we dredged it from the neighbors there as well a a different group of Neighbors which is why I didn't get dredged for a period of time was they asked us to not maintain it beyond the way we used to so if you recall this was a canal that was set for a uh private group was going to do a study in it about not not mowing it not doing things of that nature so there one part of the delay is the resident request was that it not be dredged for a while okay so it is now getting dredged again to to remove debris and growth within the canal the goal is to keep the water flowing in the canal so okay but it is difficult when we can only reach from one side the southide um our equipment can't work on the North side it it doesn't have room for it so bottom line is we need to figure out who is responsible if the trees are actually in the canal we can we'll have our staff take a look at the trees they're growing and we can remove the trees that we can get to by hand uh that are within our our area of the canal okay that works how big are the are the trees are they large trees or small trees that shows you that it's encompassing my property coming through the wall going through the wall through the fences from that canalon they've been here years okay you need you you need to come up but uh we have enough information and uh what I would suggest is that when uh staff finish doing what they would they are going to do to clean the canal and give us a complete evaluation of the situation so that we can make a decision on what we need who is who is legally responsible to the for the property where the trees are located and I know and I think I heard Uh Kevin I heard than is uh we have some uh uh access uh uh restriction on getting to those trees is that correct is that yeah to get to those trees we had to take them on we be doing them by hand from the southide okay so all right so what we are looking for now I think from my U evaluation of the situation is that we'll wait on what we're doing now cleaning out the uh all of the debris from the bottom of the uh uh the the creek or the U and uh when we get that then please give us an evaluation on what it has to be done to remedy the pro uh remedy the problem long term so that we can make a decision on who uh where the responsibility of the long-term solution will lie any more petition and request Stan Johnston I'll briefly want to speak about this because I live near there and I know I'm familiar somewhat with what's going on uh but I want to share with you and I'm sympath athetic with uh Mr cook because uh he he uh he was given this position a few years ago uh in his predecessor was doing nothing about it and uh so we've got some of these problems because they were they were put upon him uh and uh so I'm sympathetic with what the city is but but still again it's it's it's I'm understanding is that they they need to be served and um I think Mr Mr cook will do do what what he can to to to to help them out um now I want to go on to to what I I speaking to you is that is that U you've already received this from the CRA meeting and um so I'm going to speak about an email that I sent you on March the 5th I sent to you guys and uh the uh the letter has to do with an admission of dishonesty by the city of tville it's pretty serious admission of dishonesty so what it what this uh uh what it was is is that uh Mr staford sent this letter of mine to FC and this letter uh has on it uh it complains about a sewage spill in uh uh nine city streets and which I put uh read warning notices on the city hall and police station um and dozen churches in mice May's church and so forth I put notices on it and also I had have in there in this I had um attachments of photos photos of the sewage coming out of manholes sewage in the streets sewage ponded at 1180 grawood street so uh with that with this letter he sent to FD Mr staer has a letter saying here's what his letter says his letter says it never happened I call this a an admission of dishonesty I mean we're talking about videos and photos of sewage coming out of manholes into into uh yards streets nine city streets going into the river and he says it never happened although he he gave proof that it did happen so I'm asking you to look into this I've asked you before and I've asked you also about this for four other four other Council meetings that I have on this sheet that I gave you last time that that Wanda has a copy of so I'm asking you to to look into that matter and U see what you can do to um get it straightened out and uh answer your phone okay U thank you Mr thank you Joe all right well Mr Johnston I'm going to ask you one question yes sir and I'm going ask you one favor yes sir don't from this point on you have mentioned this to us uh twice already T four times four times tonight and would you not do that on this particular subject uh for the rest when you come up again please oh no I will bring it up but I'm sorry because it's it's serious it's a serious matter you know I was arrested on this matter I was arrested and incarcerated for this thing thank you your time thank you thank you Joe good job um city manager line item eight okay we're on consent agenda items uh council do you have any questions for staff on any of the consent agenda items a through G yes uh and excuse me just a second I would like um uh a uh a briefing on uh it's I understand but just an open briefing on line item D okay so it's a task order for Engineering Services for the consumptive use for permit area two and three so Mr cook will be able to provide you more details on that all right good yeah so this is a task order take a look at our existing cups that are scheduled to expire in 2030 faal wellfields 2 and three which are the two on well Fields as plus City we're we're looking at the ability to expand the withdrawal for those two well fields to raise our overall cup that's currently set at 6.01 million gallons per day we'd like to have our consultant take a look at and speak to St John's about the possibility of raising the two and three wellfields above their current ability so that's the this is the work order they're going to go through model the groundwater take a look at Salt intrusion develop a water conservation plan a rehydration plan may be needed for area three it was the last time that this was looked at um with the goal being to to Garner some expansion of the area 2 or three wellfield or both thank you man Council are there any uh consent agenda items a through G that you'd like to pull for additional discussion uh city clerk are there any cards for consent yes sir one card uh mayor with your permission I'd like to read the titles for the record yes consent agenda item 8A approved the award of the contract for the morning dove filter replacement consent agenda item 8 B approve amendment number three to the Indian River Force main replacement design consent agenda item 8C approved change order two for the OS ospry dewatering and Hauling consent agenda item 8 D approved task order for Engineering Services for consumptive use permit cup for areas two and three expansion consent agenda item 8e approve the Florida and and light FPL lighting conversion agreement consent agenda item 8f approve the purchase of a 6 foot uh trailer mounted WellPoint dewatering piston pump for Public Works consent agenda item 8G accept the FY 2023 city of Titusville community redevelopment agency annual report thank you members anything on in here any cards yes sir um Stan Johnston and he was would like to speak speak on a b c d f and g uh Stan Johnson uh registered professional engineer and uh when I was working for the city before I retired from the city with my pension I was also a land surveyor so I've lived here over 50 years and I'm registered professional engineer for over 47 years um I'm I'm I'm addressing these consent agenda items because uh I see a problem I see a problem uh not what Mr cook has been doing and so forth but before him and that is that uh we had something serious happen here and I I've told you number I've said to a number of times I had signs on saying the city of tville is the only city the only city in the world that deliberately sprays women children babies with sewage and they did it for I don't know three months that's December through December through February of from 2020 to February 18th of 21 is when they finally constructed a u a containment burn in San Point Park as a professional engineer I'm licensed to protect the health safety and Welfare of the public and so I go to the Titusville Police Department Water Resources Department department the city council and FD and I complained to them about the hazards that we're having here in Titusville of spraying women children babies with sewage and food in the park and yet the city continued it for months Mrs Nelson said that she she got somebody from FD unknown person to say that it's okay to do that I don't think that that person really knew that the proximity of vehicles and so forth that were being sprayed when the wind blew and how high the the spray was people complained about it over even the Harbor Point Condominiums and you've done nothing about it still so I have no Reliance at all that the next time we have a sewage spill in fact we had one and it left it on still it wasn't when Mr cook was was in charge but um I have no so so when we have our children our grandchildren our great-grandchildren come to the city they in the park how are they going to be protected from these uh polluted ponds and polluted Indian River when we don't have signs up and we don't have we don't turn the fountains off and we spray only city in the unit only city in the world that I know of that sprays women women children and babies with sewage I would like you to give it some consideration it's it's in within my jurisdiction and your jurisdiction as my license is thank you any more cards no sir no more cards I need a a motion to accept the consent agenda move to approve consent agenda items a through e g g g m j g i I've had the motion call for a second second has been seconded call for question hearing none call for a vote all in favor say I I or do we need a roll call roll call yeah roll call member Cole yes member Nelson yes vice mayor Robinson yes member stokel yes thank you so very much uh uh line at him on to ordinances second readings public hearings and related actions the City attorney will review the Quasi judicial rules and procedures for this one anyone wishing to speak on a quasi judicial item must first sign a public hearing agenda card and sign the oath contained thereon these cards are located on the table at the entrance to the chamber if you have photographs sketches or documents that you desire for the city council to consider they must be submitted into evidence and will be retained by the City please submit such exhibits to the city clerk city clerk of all persons wishing to speak for the city council signed an oath card swearing to tell the truth the full truth and nothing but the truth yes sir for staff and applicant and all witnesses that intend to speak it's important to sign an oath card swearing to tell the truth the full truth and nothing but the truth and these item these cards should be submitted to the clerk at this time city clerk have all agenda items been properly advertised yes sir in the event that a council member has received an expart communication either verbal or written outside this hearing the council member shall disclose the identity of the person group or entity with whom the communication took place and the subject of the communication including all opinions or facts discussed any written Communications must be disclosed and made a part of the record also in the event that a member has conducted an investigation or site visit or received any expert opinions regarding the quasa judicial item said visit or opinion shall be disclosed members uh I spoke to Kim rinka about it several months ago when it first came before us about which item um we're talking about um the M1 versus a different zoning category I see none other which which agenda item 9 9A the cup for 9A okay and what was the the she was discussion about she was just saying she was coming us sorry she was just saying she was coming before us it wasn't an in dep discussion and no I didn't form any opinions thank you the applicant this is item 9A conditional use permit cup application number 1- 12024 TRG Self Storage the applicant is requesting a conditional use permit to allow a mini warehouse use at a vacant property of 8.93 Acres located south on South West of South Street State Road 405 and south of saterfield Road the conceptual site plan illustrates a three-story mini warehouse building adjacent to South Street uh 53 covered outdoor uh storage spaces 70 uncovered storage spaces and Associated parking storm water facilities and Wetland preservation areas on 28 November 2023 the property was annexed into the City and assigned industrial future land use designation and light industrial Warehouse M1 zoning District with the approval of ordinance number 52223 53223 and 54 2023 the Planning and Zoning commission recommended approval without the staff's recommended conditions of restricted hours the approval was 61 with one member in opposition because he felt the area should be saved for heavy heavier industrial uses staff recommends the approval of conditional use application number 1-22 for to allow a mini warehouse use in the light Industrial Services Warehouse M1 zoning district for a property located west of South Street and south of saterfield road with conditions and Mr Eddie Galindo is here to give you a presentation and answer questions that you may have good evening council members thank you um the only thing I wanted to add to uh the introduction that was already provided was on page 196 of your agenda packet is the discussion related to the hours of operations and so Council has the ability to limit the hours of operations through the conditional use permit process if you feel that it's necessary for health safety and Welfare of our residents so in order to give you some feedback we had looked at the nearby Min Warehouse facility across South Street and their hours of operations are 10 p.m. to 6: a u 6:00 a.m. to uh 10 p.m. and so we recommended a condition that would uh allow for similar hours of operations as the nearby mini Warehouse facility um before this meeting I took a look at the conditional use permit that was approved for that facility across the street not the subject property for tonight's application and uh their conditional use permit does not require um hours of operations it's not limit their hours of operation so it could it could be the case that if you were to approve it with these uh with this condition then uh the nearby facility could change their hours of operations they're not limited to remaining at at uh between 6 a.m. to 10 p.m. if Council decides not to um include that condition the staff would would request that you would at least consider a condition of approval that when the application goes forward to site plan that if they do want to remain open 24 hours that they provide a lighting plan so we can make sure that there's Lighting in the evening hours thank you members I personally like the idea of limiting the hours my personal opinion on it and even if it's open till 10: at night they still need will need lighting you know so but I I'm that's my position on that stal do you know if we have any facilities storage facilities right now that are open 24 hours within our city I believe there are but I don't have any data to support that yeah I'm I'm a little bit torn on this one because I feel like I see both sides like if I had a storage facility I would want to be able to go anytime but I if I had if I need to get something okay but um but I also I I can see the concern with the safety component um so yeah I'm a little bit conflicted on this one member Nelson I think I agree with member Cole I think I like having those hour um safety wise I agree with member stoko that it would be safer to have it 6 to 10 so that's my thought well um I agree with the staff if uh if we go to this particular process and agree with them to stay open uh lighting would be a requirement I understand that we as a city is growing the number we are anticipating a larger population and I know as a city grows uh people are working uh multiple hours 24 hours a day a lot of times that they can't get to the storage area between uh the standard work hours from 6: in the morning and to uh 6:00 at night or 10 and I think that that's one of the things that it's going to have to uh we're going to have to begin to live with but as we as time changes uh the lighting is going the safety factor is going to have to be incorporated into that process and if they want to uh um my thoughts is uh the 24 hours is is fine because I think that that's the uh movement toward the future uh but uh we also have to take into consideration um uh safety and and it would also help to we haven't got a big uh got the dollars and cents from the state to uh do some uh do work on 405 to widen it because of the traffic and it may give us an opportunity to continue to help keep the traffic under control so people won't be rushing and so forth to get um stuff out of storage or to put stuff in the storage that's my thoughts on it as well so uh and uh being that we have have the report from staff that U there is no limitation on the other uh uh storage places along or some of the storage places that are there and again if um it proved to be a positive thing for uh the uh the requesters of this particular uh cup uh uh it uh we may have uh once we accept or when we allow them to do it uh the other uh entities may want to do it as well so um with that being said uh I would like to hear from if we uh have the uh requestor presid uh uh uh and asked him a question of why exactly are you requesting the uh the later hours hey uh good evening uh Garrett George ceso on the engineer record and I'm here on behalf of the applicant um I do want to add that when we went before pnz one of the Commissioners and I'm blanking on his name pulled up their website and they are actually open 24 hours across the street the hours are for their office hours those are staffed hours um so we would not be staffed 247 we do have gated access um to the property so it's not like you can just walk in um and we have provided a photometric plan with our site plan as well that's currently under review so that that is taking into consideration for the safety Factor obviously so okay that's so that you um historically I'm sure this is not the first you know uh are you finding that uh our limitations hurt your business in any form or way we do and that was actually a topic of discussion before pnz that you know several of the the commission members go at odd hours you know I mean we're here till what 10:00 tonight you know what if you need to run home well hopefully not tonight I was I was here for the LIF lift free Florida night that was that was uh I want to reenact that um but no but I mean you people get stuck at work people get caught you know hours limit people especially like for fishing you we I mean I Was Born to Race here in bar County I keep my boat in storage I don't want to wait till 6:00 a.m. when somebody opens a gate for me to go get my boat right it's you know people are there early to go pick up their boat get the water um it's just is part of the community so it's and if you're at your storage unit and you're packing stuff in and all a sudden the gate closes it's like oh crap I I'll run you know sorry so it does hinder the business and it's it's not a safety Factor the the ordinance about speaks about um safety and well-being of the neighbors you know the neighbor to the South is the Prov County Dump facility and the north is a manufacturing facility so make people going into their self storage and of the neighbors right it's you know we're not backed up to a neighborhood that people are going to be picking up their RV at 10: a.m. and you know Annoying somebody trying to put their kid to sleep right it's you know so yes um please yeah thank you all uh Chad clevinger with TRG uh just Echo his uh statements there obviously the man office hours you know we're fine with a a time frame that you throw out there but just being able to be a able to go and access the stuff that you own at any time again gated camera um to Garrett's point fishing um you know this is a big market for that out here you got people that want to get their boats before everyone else gets to the ramp um you know the and and the traffic in and out of a storage unit is quite minimal um you know we've added some extra parking spaces and some other things there to allow for some some more room to be had once you get in there um but I mean you're you're in and out of a storage is pretty minimal you're not you're not going to have a ton of people doing it but you're going to have the people that want to do it and be able to get in there at an odd hour like you said when when you're working a midnight shift or something and you know you got to pick something up on your ride home um and and your thoughts on the uh if this is approved your thoughts on the uh extra lighting yeah I mean we definitely take a look at it the Garett point we we've got a photometric plan um you know so we we obviously don't want to light this thing up so it's you know bright as could be um you know at 12: 12:00 p.m. at night or you know midnight um but we would do what would what is you know engineered guidelines to have it lit and and received well in that way okay I see no more questions Al righty thank you so very much appreciate your time all right with that being uh discuss uh any any more cards yes sir all right that being discussed and we received a feedback any more questions for staff no more questions for staff no more oh I have some oh that's you waiting I'm I'm waiting Joe I'm waiting I need a motion move to approve conditional use permit application number one- 2024 to allow many Warehouse use in the M1 zoning District um without the conditions second uh before we go any further on we are we going to take all the ordinances one at a time or all of them under one category this is a cup okay all righty uh the motion has been made and second calling for question he more calling for a vote uh at roll call okay and this approval is with no conditions no okay um member Nelson yes vice mayor Robinson yes member stokel yes member Cole yes it has been passed um oh where am I on to item 9B which is conditional use permit application number 22024 Municipal Fleet Service Station the city of tius Public Works Department is requesting a conditional use permit to replace the existing Municipal Fleet Service Station with new facilities including a canopy pumps on at our facility on Singleton Avenue the cup is required for additional storage greater than five gallons or use of regulated substance gasoline in the area of critical concern the subject property is located northeast corner section of Garden Street in Singleton and within the area of critical concern the subject property contains approximately 16.54 acres and is currently developed as a Municipal Water Production facility garage and Fleet Service Station the future land use station on the property is public semi-public and proper properly zoned public the Planning and Zoning commission recommended approval of this as presented 70 staff recommends the city council approve conditional use permit application number 2-202 24 for storage of the of the use of regulated substance in the area of critical concern and Eddie and Kevin are here to answer questions that you may have on this cup staff anything that you can give us to Enlighten us uh that we don't know and have't rare sure I'll just add that um this is an improvement in that it's going down from two tanks to one um and that the old tanks are getting older and so this is a replacement that would uh help prevent future spills um for your comparison the existing conditions are are shown on page 263 where you can see the the driveway off of Singleton Avenue and the two tanks and then on page 265 is the uh proposed with the canopy thank you all right members members stove yeah just to clarify this is needing a cup because it's in the area of critical concern is that the reason correct okay thank you all right call for cards no cards we can vote we should have three we still have three well if we're GNA vote I would wait for so do we have a have to have a majority can I say yes I need a motion uh for um Item B uh move to approve the conditional use permit application number two- 2024 for the storage and use of regulated substance in the area critical concern to permit an above ground fuel storage tank as described in the application second the motion has been made and seconded and calling for questions hearing none questions have been answered and as call U call roll call vote vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes on to uh item 10A which is a small scale comprehensive plan Amendment SSA application number 32024 liberman multifamily the City attorney will will read the ordinances for the record ordinance number 10 2024 an ordinance of the city of tville Florida amending the code of ordinances by amending ordinance number 60 1988 which adopted the comprehensive plan of the city of Titusville by amending the future land use map by changing the land use designation on approximately 9.21 plus minus Acres of property located east of South Street State Road 405 and across from Swan Lake Drive having Bard County partiel ID numbers 22 35 8002 and 22358 00257 from the conservation low density residential and high density residential future land use designations to the conservation and high density residential future land designations and providing for an effective date ordinance number 11 2024 an ordinance of the city of tville Florida amending ordinance number 5 1993 of the city of Titusville by amending the zoning map made a part of ordinance by reference by changing the open space and Recreation o General use gu and multif family high density residential R3 zoning districts to the open space and Recreation o and multif family highdensity residential R3 zoning districts on approximately 9.21 plus minus Acres of property located east of South Street 405 and across from Swan Lake Drive having provard County parcel ID numbers 22 35 8002 and 2235 8257 providing for an effective date the Planning and Zoning commission recommended approval of the land use change as presented 52 one member was in opposition because there was too many items left out or not addressed the plane and Zoning commission recommended approval of the rezone as presented 61 and this is your first reading your public hearing is scheduled for the regular city council meeting on 23 April at 6:30 Mr Glendo here to answer questions that you may have on the first reading of this SSA member Nelson Eddie I have questions and I don't know if I should ask you or ask Bruce sitting back there before it seems like the way the property was laid out there was like these three fingers right and I think our concern if I recall right was the amount of wetland that we were destroying and I think the staff recommended like three acres um come out of wetlands and be used for the project to make it more con con contigous feel like I'm saying wiy the Poo so I was trying to figure out in my mind I'm I understand that there's a wetland um delineation uh that the area was ground TR so we have new lines so what is it look like now sure I have a an exhibit to share and I've got a for help thank you so just to clarify this is an exhibit that was provided by the applicant um and what this is intended to show is the the changes the net changes in um on the subject property um like you mentioned member Nelson the previous request which was SSA number 2023 and heard in November of last year was intended to create a larger Development Area along South uh South South Street excuse me State Road 405 um in order to create one um residential development the applicant has provided a wetland survey that shows where the Wetland boundaries are and the city's comprehensive plan states that when we're provided um more information or accurate information about where the boundaries of wetlands are that the city will a accurately reflect that in our comprehensive plan uh future land use map by changing the boundaries of the conservation future land use designation to m match those so the applicant's request in this case is not to fill in the gaps where there are currently Wetlands but only to adjust the boundaries correct with the Wetland delineation so the areas in green are wetlands and those are going to be changed to conservation that's correct the areas shown in green are currently in the R3 zoning so they're shown as Uplands on our future land use map and they requested to change those areas shown in green to conservation uh the areas in red are areas that are currently in the conservation so they're shown on our on our map as U as Wetlands but they're actually Uplands and so those are the areas that they are requesting to change to the R3 zoning and the highdensity residential and then the area to the north yellow is in our low density residential and all of it is in is wetlands and so they're proposing to convert all all of that to conservation future land use Okay so I'm assuming at some point I have an area of Upland on the North Northeast as you come around that corner and so I've got that and it looks like there's a gap um between that and the Uplands they shown are we talking about taking some of that and make it basically destroying that Wetland to connect them no so that's what was being requested in the previous application that was denied SSA uh what did I say ssa1 2023 and Council denied that request so the request is to just amend the boundaries to match the the Wetland line which would create uh two pockets of Upland or Development Area that would be the areas labeled Upland one and Upland three three that would be your first uh Development Area and then a little further to the north the area labeled Upland 2 so you would have two contiguous pockets of uh R3 zoning okay I got it thank you yes okay so looking at this new map that you just gave us so it looks like within this piece of property there's a mix of different L uses and Zoning so we have o gu we have high density low density all mixed in here is that correct correct okay um I think typically I'm used to seeing like the maps that you guys do side by side so I can get like a better visual but I feel like that's hard to do because there is so many different categories I think on this one piece of property so I feel I correct me if I'm wrong I feel like we're just kind of switching out like some property is already Z for housing or residential and then we're going to say hey we're going to keep it open space and general use and then some is zoned um o we're going to say we're going to do high density on that now is that kind of what's Happening based on the Wetland lines yes ma'am that's correct and net there's a gain in the conservation land use okay is there anything um that makes us feel assured that the rest of this o there is lot that this will stay o the rest this rest of the piece of property here so an applicant could request uh change to the Future land use map in the future in the previous request what was different is that the applicant had had proposed to impact wetlands and so in order to mitigate those Wetlands they had proposed a conservation easement over the remaining portions of the wetlands on site in this case the applicant is not proposing any impacts to the wetlands and so there's no need to require a conservation eement uh taking the development rights away from the rest the remaining portion of the property okay and then my other question in terms of the residential pieces it looks like prior there was some low density and now does it look like it looks like there there will only be high density within this proposed plan that's correct so if you look at the uh future land use map on page 356 that is uh the location of the property and our our current boundaries of our future land use map you'll see the gray at the the north part of the property that's our low density residential and then the kind of fingers of high density residential are the golden color if you compare that to the the next map on page uh 359 page 359 shows what the intended outcome of this request would be so if approved this is what our future land use map would look like and it only includes two future land use designations the high density residential along State Road 405 and conservation okay thank you anyone El any other questions any cards we have the applicant Bruce Mo and then Dan Johnston good evening members of the council uh Bruce Moy with mbv engineering representing the applicant um glad you guys have a great memory and this project looks familiar um obviously we were asking a lot more the original request and this one is basically housekeeping um we're before we were asking for you guys to do something that you weren't even sure if the code allowed us to do it I remember uh councilman Cole was I don't even think the code says so this is now we're doing what the code requires us to do so it so we're fixing what was incorrect so it's really more of a correction we're not asking for anything we just want to comply with your code make the correction make the upins uh make the wetlands designated as they should be and make the UPS designated as they should be so it I hope it's that simple thank you right Stan Johnston anyone else oh that's Stan Stan Johnson professional engineer I'm somewhat familiar with this area uh and uh it was about 1960 65 or so forth was the U for laning of U of 405 was uh was designed by fdot considering drainage and a lot of things uh so uh I do not see a problem with this particular project and since this may be somewhat quide judicial I don't think it's quite I don't know tonight's first reading that means it's not quide judicial what I should say is that I judal meeting I have talked with these fellas and uh they seem to be gentlemen uh and uh uh they're they're good workers um Moya has done a lot of good work just like honey Cut's done a lot of good work so uh I expect you're going to get a good product and uh that's good to know because there are some Engineers that you don't really want them to do some things around here so uh I have no problems with this and as you know is there's time there's times I I say that I do have problems so thank you very much and uh I wish you uh I wish this project the best and uh the expansion and use of of State Road 405 thank you thank you this is the first reading uh so from from this we just move forward thank you yes sir uh Mr Mayor there's no old business we're on to new business which is item 12a which is reallocation of arpa funds for storm water projects various City projects have arpa funds available to be reallocated due to savings within the project timing of the project completion and priority use of arpa funds the proposed budget amendment and real application allows for the completion of three additional baffle boxes for water quality benefits staff is requesting the reallocation of American Rescue plan act arpa funds in the amount of 56,7 37 for various projects to the arpa uh Riverfront Center and uh additionally approve the associated budget amendments Kevin's here to answer any questions that you may have on this item and I I think I asked the the question the last time and you may know this is that you know what is our uh obligated time and uh what is our uh uh expenditure time uh it's has to all be allocated by 2026 right okay and okay got it thank you uh member Nelson okay just an idea guys don't shoot me but in looking at it we had allocated $889,000 90,000 to school enrichment and I'm happy with the the projects um our infrastructure projects I would like us to consider maybe taking 10 ,000 of that and allowing the Boys and Girls Club to use it as a summer program to teach swimming they have an agreement with uh the YMCA to teach kids $5 a kid um transportation is an issue transportation is really the big issue so I don't know how you feel about it but for me I hate not living in Florida and not having kids know how to swim um ju just as a reminder we had an application process in a period of time for Grant applications that has been that's expired so we would have to probably reopen that and allow other agencies to compete if you would like to do that Terry's still trying to spend covid money okay just that was an absolute thought yeah you remember because we were you remember the agencies came before Council gave a presentation right and then we awarded grants to those agencies my thought is we awarded grants and then some of those people um did not use those grants right that's what this reallocation agenda item is doing right we didn't turn around and read advertise those grant that money we we have not um right we have not ask for input to redo the grant process okay so I think that's what I'm asking is that maybe would consider that sorry uh remember yep um I feel I would be open to that too especially since I feel like we have been having I think a little bit trouble spending our covid money like how if there are certain needs and I think we all know that there are needs in our community my concern that I have is I don't know how we're allowed to spend the money exactly by the rules of it and I think that's where I think you're coming up with a great idea can are we allowed to do that with the money um I feel like we're going to have some issues regarding homelessness especially now with this new bill coming could that be something that could be I I don't know enough about the rules regarding the money and as you remember the process we had an independent agency once the uh grants were brought before Council right we had the that reviewed by an independent auditor to make sure that it met the criteria of arpa funds I just I I guess I look at it and I go I forgot how much north of our charity turned back um and then we have the school enrichment program and they're turning back 90,000 and I I understand we need infrastructure God knows we need infrastructure but I hate to take the money that was sort of pitch and hold for people and turn it into um if I can make a recommendation we have midyear coming up in May okay or midyear budget adjustments um that may be more appropriate use of something like that using general fund dollars to to fund and council could request that be a a budget request during midye because because I really don't want to tangle up arpa money with there's really restrictions placed on it okay and we're mid Year's coming up in you know another three or four weeks so perhaps Council if you would like to do the swimming program you could request the some money be that and then maybe I don't know what kind of project because Sarah's right homelessness is is a problem here I think there's going to be a lot coming down yeah from that honestly so I appreciate that suggestion I think that's a good idea okay so excuse me are you saying she needs to submit hold on wa uh member sto yeah and then just going back to the original item I'm in favor of the baffle boxes my only request would just be as we're having so many just making sure that we have the resources to maintain them and keep up with them we do my only question was that are you saying that uh member Nelson needs to submit a request no sir what what happens uh we'll bring our midyear staff will bring our midyear requests to city council as part of the midyear adjustments okay and during that time if Council has to if if you want to change any those add anything take anything out that's your opportunity to do so okay well what I hear is that you know when we started this process we had to meet certain criteria and everything was set up basically uh and awarded on that criteria and we're still trying to stay within that within that criteria but shifting it from one from the West to the north side so to speak and that's I think it's more towards the east but it's definitely sorry I got you all right all right that with that uh we have um 12a I need a uh a motion to move forward you can have a motion move to approve the reallocation of American Rescue plan did you want to do it no no I this here oh act funds in amount of 56,7 37,000 for various projects to the arpa riverfront Center wait a minute that's Yeah by by orientation it's bio retention it was misspelled retention I what what is that I was like and the associated budget amendment second motion has been made and second call for questions hearing none call for a vote all in favor say I I all oppose same time on to item 12b which is work order number one River Front Center water qu water quality improvements on 9 May 2023 city council approved the award of the contract to SDC services in tville Florida for the construction of various storm water improvements uh in the amount not to exceed $500,000 the city has received grants from FD and save the Indian River Lagoon to construct water quality improvements in the riverfront Center additionally to complete the project the city is reallocating arpa fund which you just did from other projects due to their completion and anticipated time of completion it's recommended that City Cat Council approv work order number one to the contract for annual storm water uh piping installation in the amount of $888,888 Kevin's here to answer any questions that you may have on this project I see none at this particular time and uh with that I need uh with no question I need a motion to approve no I guess you got to ask I think you guys are getting offic here okay okay you guys are slap Happy night I need a motion to approve the work order one move to approve work order one to uh contract CN 23b 019 TB annual storm water and piping installation in the amount of 88845 to sdv services for the installation of three baffle boxes author and authorizing the mayor to execute the work order second and motion has been made and seconded calling for questions hearing none calling for a vote all in favor say I all oppos the same sign next on to item uh 12C which is city council Direction on wellfield reservation at the January 11th 2005 city council meeting took the following action after a presentation on concurrency management member Engelman moved to approve the entire Report with staff's recommendation and impose a 90% limitation on the use of water resources member tally seconded the motion mayor Swank requested clarification of the motion clarification included that there would be a 10% Reserve based on the average daily use of 6 million gallons the motion held and carried unanimously no code action has been found to implement this direction provided by a council's concurrency review forms to hold a 10% reservation of water capacity now with the addition of area four wellfield to provide additional water supply allocation staff is requesting direction to continue this practice of on concurrency reviews or not as of February 2024 the the city's current use of the wellfield cup to include current development reservation rests at 84% it's recommended that city council will provide Direction on the continuation of this 10% well field reservation for cons currency review now back in 2005 what council we were we only had two and three that was working we now draw the majority of our water from area four two and three are arrested right now so we don't have a water issue and I think what this the council was doing back then was to try to put Place some additional limits on ourselves to help preserve area two and three but the conditions have changed now since area four is the major source of our water and we also buy cocoa water because we're required and we run that for the Southside so Kevin can answer any further questions that you may have but that's the the Genesis of what happened and why remember Co yes my question would be be with with the increased population and the growth that we have here in the city are there any pros and cons to implementing or not implementing this Kevin I mean do you what what is your I mean you're the expert that 10% you know I I always like to have a little bit extra in the bank somewhere but maybe this is not a wise thing to do at this time I'm listening for your expert advice part of the question is what do we do when we hit 10% because we're sick we it's 6% from that point now uh so we get D reservations fairly often for subdivisions and that's eating into the remaining capacity and our concurrency form is set up with that 10% so there will be a point that when we hit the 10% Reserve that for all practical purposes we will not be issuing development permits for allocating Water Supplies um so the difference is that's a self-imposed whereas we actually are permitted to take another U 6 Mill million gallons of water out of the well field so so that's that's really what we're asking about is how to handle that Reserve capacity um we're we had an item earlier today we're starting to look to expand our capacity in the wellfield the projection for St John's is going to push us about six and a quarter in 2040 so we still have time and right now at the 6% difference that's 1400 Helms that can still be allocated before we hit that current Reserve but the big thing is do we continue that Reserve hold that wasn't codified in concurrency as a standard that will that will stop the allocation of water permits or do we do we change it do we modify it uh does council want to see some reporting back as we get closer to that point that's that's really what we're trying to to settle on and uh the reserve is only impacting only on the well Fields the water plant itself capacity 16 million gallons there's really no it has nearly 40,000 homes left that it could handle so it's really on the well filled capacity okay yeah I I mean from what I'm hearing I kind of would like to know when we're getting close to that 10% just because I feel like that's as we are growing even if it's not necessarily true I hear a lot of citizens saying are we going to be able to take care of all these residents moving forward we have water issues we have infrastructure issues and so as a council member like I didn't even know this number until it's getting brought before us now I would like to just and I don't know what that looks like exactly but I would like to be aware of that number so when we are talking to Citizens we can say actually this is what the number is this is how close we're getting maybe we are getting close and there's a pause right now I think I would just like to be more aware and knowing what we can and can't do yeah what we can do is there there is a there is a code allowance for a water supply allocation permit from the city um it's set up in such a way that right now it's considered first come first serve and the staff had interpreted that within our department that that didn't require the council to approve the allocation of a dedicated permit you would have seen one in 2016 it was on a development had certain financing attached to it that required it otherwise you haven't seen one that would come back to you with any development above 10,000 gallons per day so so believe that that's you know roughly 50 homes they would be allocated a permit for one year to allocate water from our supply and at that time we could update you on on where we stand as far as the capacity of the well Fields again we could we can give you the capacity of the water plant but the Water Plant's going to run uh has a lot of room left but that's what we looked at as an opportunity to come back bring back to council that the you know item where it is Council approving and endorsement of a supply allocation permit for one year the other side of that to help staff is that also allows us where now DP permits run for three years that would mean that development has to move forward in one year or we can revoke their DP permitting so what happens if there is a 10% Reserve in place are you guys constantly measuring so to get this 84% number do that is that measured every time we approve a new development or an application comes in how how does that work they do every development does preliminary concurrency through the plane department so on that form they fill we fill out the water side and the sewer side and and that this is the hold on the preliminary review to ensure there's capacity to serve in other words it it makes a reservation for that water and sewer okay so if there was a reserve in place um we it it would stop at the 90% And if there isn't a reserve in place we would get those applications and then as part of that report it would show the concurrency rate on that application for us to say hey we might be at 95% now yeah we certainly can put that as part of it U that' be a simple we review this on a constant basis say every month our water plant produces what we use and we update a spreadsheet that we keep for each of the plants the well fi so that we know beyond the development asking we know where we are on actual usage Plus what's been reserved by development okay yeah I think my biggest concern is I just want to make sure that we're making sure for our current residents we're providing good clean water um as the highest priority before I just don't want to compromise that I think that's my biggest concern right uh question yeah well I was just going to say m stoko I totally agree with what she said but if you could turn that into a motion because I think that that makes a lot of sense we we're looking for just directions from the staff to the staff yeah we need to get a motion that they can withdraw that 10% with the uh contingencies that uh member stokel mentioned I yeah I think that's the direction is and so during that the process when we do get new development applications if that those numbers could be just given as part of the report I know it's probably under Brad more so um just so we're aware I think the biggest thing that we we don't need necessarily the 10% Reserve but we want to be in the know of what that number is so you do do you need a motion or is that that sounded good to me yeah I mean she said that's that's why I said you know all they looking for is Direction didn't okay I'm good okay all right well let me ask it previously there was a motion by Council to oppose the 10% so is council's Direction now not to do the 10% reservation yeah that's what then I would do that by motion if the previous I I think What Sarah Said is a motion so I would have that as a motion has been made by member stoko second second by member Nelson any question call for a vote all in favor say I I all opposed same sign right you received a dire we are to petitions and requests and I think officer Jackson would like to address councel but I appreciate appreciate that because her was going to tell me make sure I get the the carard drift yes sir um mayor before we get to Mayor and Council reports um with the mayor's absence under his report he does have a request of city council and his request is that city council authorize a presentation of a proclamation to Proclaim 18 through 24 May as National safe boting week and he would like that presentation to be made at the uh 14 May 2024 city council meeting right yeah right thank thank you uh did everyone understand what the city manager said is looking for a proclamation and uh I need to U have ask all of you make a motion on okay uh move to authorized marage per a proclamation um declaring May 18th to 24th National safe voting week on May 14th SEC call for a second second call for question hear none all in favor say I I all opposed same time so uh just in addition to that um uh Lieutenant Commander retired Tom abat United States Coast Guard has requested that any Coast Guardsman that are attending that meeting wear a life jacket so I I I don't Coast Guard approve life jackets right is that a part of the Department of Defense yeah once the it is when the first shot is fired your next item sir is Council reports uh the reports the reports well uh I have I I went with uh the vice uh uh president of the uh Florida Le of cities and I thought that was one of the best presentations yeah yeah yeah it's very very very good and um it has uh everything else has been been going going well uh to uh as the best that I can be at this particular moment that's true yeah uh your turn my turn yes okay so I went to the fundraiser for we can't talk about that because I was to talk about okay did you talk about that go ahead just I lost all the money you got it yeah yeah um I saw a report the other day from St Bay like about the river and how they thought there was ecoi in it and blah blah blah um no scientific uh backing for that just sort of somebody would sort of upset me because I was like you know if you're going to make these accusations have some scientific background have some backup um but the same day I received a text from Laur Lee Thompson um and I thought contrast I spent last s Saturday morning water testing at three Indian River Lagoon sites Hoover Canal well she said B 42 there are small patches of seagrass are expanding along the shorline couple of schools of glass bow played Among The Mangrove Roots while mating manatees uh were nearby whole over Canal was full of life almost as much as when I fished there in the 1970s uh Anglers were pulling in um slot sides C spotted seab bass sea trout mangr Snappers massive schools of glass minnows um water was clear she could see colored sponge algae other growth on the Rocks replacing the brown slime that has been there been the norm for such a very long time so I look at this report which was absolutely Ely devoid of facts and I listen to this or read this and I was like you know we've been working on our infrastructure for what six eight years now uh we've been working on cleaning up the river and it hasn't been an easy job um and I think of where we were and where we are now and um I think we've done just a really great job member Nelson uh at U just to give you a report that we received uh last night at uh Le of cities from uh some of the environment environmentalists is it says that uh the uh Indian River has came a long way yeah uh do we have more work to do yep uh absolutely but it says that the work that is being that has been done is working and the river is getting better yep yeah I was told just as I won't call any names I was told couple of weeks ago somebody was out boating and looked down and saw some shrimp and got hungry and caught them and took them home and cooked them but I won't see who that was can you tell your wife we're all coming over for dinner next weekend it's just nice to to know that we've gotten somewhere I mean that's really what we all set out out to do and it's happening so that's it and I did loost lose Saturday night Herman won I lost member Cole well as uh melma Nelson said she and I attended the casino night fundraiser for the Emma Parish uh theater are the cultural complex that they're going to build and uh as fundraisers go it was it was a lot of fun and uh my wife unbs to me paid $100 for me to deal Blackjack for 10 Rounds you know it looks easy when there doing it but I'm here to tell you it was not easy but it was fun and it it's just it's so heartening to see the kinds of things that the Emma Parish theater has that the things that they want to do and uh you know I just see our city just moving and grooving and I it just makes me feel good to be a part of it St yep um thanks to member Nelson too for bringing up the Lagoon uh initiatives because I feel like since I've been on Council or since we've been on Council actually for since 2016 that's been our number one priority every budget cycle and it's like we would make these decisions even though we'd have push back and citizens saying we're not doing enough or we're not doing anything and we know it's not an overnight fix but we make those decisions and we put forth the work staff does for applying for Grants doing what we can doing our part essentially so it's really nice to see some of that come to fruition um a couple things one um make sure to check your emails from the Florida Lega cities they did send out a survey for all council members to fill out regarding how they can better serve us so I do I being on the board at the state level I know that they are going to look through those um and really try to make some positive changes so if you have ideas of things of how the state and what they they can do to help us um just please take the time to fill that out um regarding form six there's still ongoing litigation I think in our update last night we had there's 43 cities that signed on um to fight that form six uh issue and then he mentioned that there were several individual council members that joined it as well he did say that there is a hearing scheduled later this month um regarding it and apparently there's two um I don't have my notes with me but there's a state one in the circuit court for the state and then also a federal case regarding the form six um so more to come on that U but I think as of right now we should have all received an email as well um inviting us to go ahead and start that process for form six I think that came yesterday um mayor Blake of city of Coco is going to be sworn in as the new State president for Florida Liga cities um in August at the annual conference and so our Space Coast chapter is in trying to encourage other council members that maybe don't go to the annual conf conference to try to attend this August um it will be down south this year though in Hollywood it rotates each year either Orlando or Hollywood but this year it will be in Hollywood in August um so we're just trying to get as many from Space Coast to maybe be there to support him um also the prayer breakfast was really nice um the first annual one so I'm looking forward to I think that happening again in the future it was nice to be a part of that I know several of us were there and then lastly um House Bill 1365 I think regarding which we've mentioned um the state passing that legislation regarding no camping uh in the area public spaces for the homeless uh we had a speaker yesterday at the meeting as well um that she's really encouraging people to come together to try to come up with a solution I feel like there's still things that need to be worked out there we had somebody sharing with us at our board meeting that there's some somebody can sue essentially if you're seeing that happening he I don't I wasn't really too sure on his uh example that he gave if somebody from Mims sees it they can sue somebody for like the city of Melbourne I was like that seems a little odd um so I feel like there's still some things that maybe need to be ironed out a little bit regarding that uh regardless if this is not going to be allowed I do think it's important for the whole County to come together to see what can we do to help support them um and where is a place for them to go if they're not supposed to be there where can we where can we send them essentially so that's something that um I'm going to be thinking about and probably spending some time on trying to figure out and work with other people's on that's all I have all right well it is getting close we turn it over to you yes sir uh just I have no action items on my report I do have several dates of a lot of stuff is coming up uh the first one is the uh Titusville Earth Day celebration which will also um include the ribbon cutting for the the uh Bridge connector and that's at uh on Broad Street April 22nd between the hours of 11 and 2 there's also the invit is in the packet itself uh joinville and Beyond public engagement meeting is at the North Bard Senior Center April 29th between between 4: and 7:00 p.m. the student awards ceremony at Titusville High School Performing Art Center is on 29 April at 6: PM historic preservation board annual Workshop is at the Harry T Moore Center on May 16th at 6:00 to 8:00 p.m. Community survey strategic plan review is at City Hall uh city council chambers on April 30th at 5:00 pm. that will be a facilitated workshop and uh already working on the Chain of Lakes Fourth of July celebration which is scheduled for July 4th at uh 7 to 10 p.m. subject to your questions that completes my report any question Wanda I hope I kept my promise well sir I do have one more question oh I do have one item for information possible direction if I might you may yes sir uh as you may recall plaintiff Maria Hilton had filed a vol voluntary dismissal of her lawsuit against the city of tville in Apollo Gardens given the fact that the suit involved the challenge under the comprehensive plan and that the plaintive chose to do a voluntary dismissal in the case Apollo Gardens has filed a motion seeking uh an order for reimbursement of their attorney's fees and cost in the case against the plaintiff in that lawsuit just to be clear that's Apollo Garden's motion the city is not a part of that motion for fees they are seeking to have their an order from the judge uh for their attorney's fees in the case I represented the city of Titusville I'm salaried I we did not have outside Council so we didn't incur additional attorney fees uh however if council is inclined and wants me to file a motion for reimbursement of fees I would have to do so by Friday so well my thoughts on it is that we uh uh we appreciate Richards so that he was just running defense that never really came before us and he was just running defense for us and and to keep us protected and uh let us move on okay CH so to be clear if if you do see in that case that there's more hearings in front of the judge on fees that would be on uh Apollo gardens's motions the city would not be involved in that and I will not be filing the motion for attorney's fees since I have not received that direction from you thank you anything else well 8:15 can we delay great job delay me again