##VIDEO ID:iuPnc5jj5eg## e e e e [Music] oh [Music] [Music] all right welcome to the September 10th 2024 6:30 p.m city council meeting we do have a quorum so I'll call this meeting to order would you please join me in a moment of silence and the pledge to the flag i al to the flag of the United States of America and to the stands na indivisible andice city clerk would you 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 quasa 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 who speak at either the first or second petitions but not both no signup card is required since citizens shall not comment on any issue more than once during the meeting all comments except petitions and requests must address the pending is issues and citizens will be given three minutes to speak citizens wishing to speak on the consent agenda item 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 very much I do have the correct dates this time for the record uh mayor before you get to the minutes um they stop me the clerk did hand out a revised um right I I read those thank you Al the writing was very small I did get that done thank you uh so I need a motion to approve the minutes of the regular City Council meetings on July 9th July 23rd at 6:30 p.m. and the August 27th 5:30 p.m. so moved second and the motion a second all those in favor say yes opposed motions are accepted city manager and that just to clarify the motion that is as amended correct as amended okay approved as amended good evening mayor vice mayor and city council we are in boards and commissions the first uh item of business is the North provard Hospital District board a presentation uh for their update will be given by I think Mr spec hello sir how are you I'm well good it's nice to see you all uh good evening honorable mayor Diesel and members of city council I am Billy spec member of the Parish Medical Center board of directors I'm joined by our Hospital executive leaders uh George mkhitaryan uh Natalie sers um I'd also like to recognize uh councilman Herman Cole for his continued long-standing service on the Parish Medical Center board it is my honor to present Parish Medical Center's second semiannual report for this year a written report has been provided that summarizes the information in this presentation since my last report this evening I will highlight select announcements and performance results it has been an extraordinary year for our Hospital a year of successes that can only be described as a post pandemic Resurgence highlighted by growth highlighted by expansion and enhancement of services for the benefit of our North provard Community this year we have been Relentless in our focus on fulfilling our mission Parish Medical Center continues to serve as a leader among independent public not not for-profit Health Systems in the State of Florida and beyond all without taxing the community for more than 29 years the volunteer board of directors of Parish Medical Center credits the Care Partners these are the employees the medical staff the members the volunteers and I'm proud proud to highlight the following list of successes achieved in the past year we welcomed Mike moring as Chief Financial Officer Mike is a talented Financial executive with more than 31 years of experience building and leading and Advising Healthcare organizations in expansion Mike came to Parish from the Cleveland Clinic Martin Memorial Medical Center in Stuart Florida we are so happy to have him on our team he's doing a great job at the June third board meeting the board received Stellar results from an independent review of pmc's operating performance the independent review was conducted in response to the uniform special district accountability act which was passed in 2021 by the Florida legislature the ACT mandated that all Florida independent Special Districts including hospitals conduct independent third-party reviews of their operational performance p is the national Healthcare ad advisory and accounting firm that conducted the review on behalf of the State of Florida parish's president CEO George mkhitaryan has published and will continue to publish a series of open letters to the community highlighting the results within each of the five performance areas evaluated these letters were emailed to each of you they are available on the P to the public on parish's website and they are also Pro provided within the written report to all of you all in the interest of transparency I would like to take this opportunity to reiterate a few key findings from the review first P reviewers wrote that PMC excels in delivering Safe highquality Care to its Community quality improvements is the primary focus of PNC leadership PMC has achieved marked improvements in quality within those areas where PMC has invested its focus and its resources most not notably according to the leap frog group that reviews Hospital safety PMC has earned an a grade A Grade consistent with pmc's P pre-pandemic safety performance levels from an access to care perspective for all of North Bard's citizens regardless of their ability to pay PMC provides a broad set of services for the community and is consistently making Investments to improve upon the access to care within the community specifically PMC has added over 50 healthc care providers and over 30 new programs since 2020 further demonstrating our commitment to North Bard PMC has invested 221 million through Charity Care community building and other community initiatives over the past decade even though by law PMC can render attacks on the citizens in our community the board of directors in its desire to not burden local taxpayers has chosen not to seek tax support as a means means of supporting Hospital operations for the past 29 years since my time on the board I have been more than impressed with the board's commitment and Leadership to not tax our citizens in Stark contracts with other communities in our state where other Florida independent special district hospitals just in the past seven years have levied $2.3 billion in avalum taxes collectively over the past 29 years PMC and its decision to not Levy taxes on the community has foregone at a minimum about 42 million in potential tax revenue something we're very proud of although we don't receive a lot of acknowledgement for this achievement like most hospitals nationally PMC faces challenges that management has identified and is working on some examples include longer than desirable wait times in the emergency department and in other select areas of financial performance these challenges were intensified by the covid-19 p pmic but they're also the product of local market realities and of being a special district Hospital in an economically challenged and competitive Healthcare Market management actively initiates mitigation and contingency plans when performance is not meeting expectations an example of this is the recent announcement that parish and Health First have resolved their differences and are Paving A New Path forward on behalf of the communities they serve parish's chairman of the board robt Rob Bert Jordan was instrumental in bringing the leaders of both of these organizations together after the departure of Health First's former leaders to structure a new collaborative relationship parish and health first agreed it was time for the two organizations to come together to do the right thing for Bard and based on the feedback we've received so far this is very well received and the community agrees another example of improvements being tackled by Parish long is the longer than desirable wait time times in the emergency room Parish engaged the help of an efficiency expert and the emergency department team has spent the last several weeks implementing improvements including appointing a new medical director Dr Ran appointing a patient experienced physician Champion Dr o Olsen excuse me working with an efficiency expert to lead the team in redesigning workflows and service modules these changes don't happen overnight but our care partners are happy to test and Implement these improvements to provide the very best emergency department services to our patients Parish continues to focus on expanding access to care and continues to welcome new providers in the community I won't name them but if you look at the screen up here you'll see several new providers ranging in Specialties from Cardiology Orthopedics pathology Primary Care Occupational Health GI and OB in addition we'll soon welcome providers that specialize in neurology and endocrinology this is really exciting to have this infusion of such amazing talent right here in North Bard our report would not be complete without touting our Awards earned by The Talented Parish healthare Partners parish is a perinatal quality Allstar Hospital according to the Florida perinatal quality uh collaborative this means expectant moms can feel really good about choosing to have their baby at Parish because we earn five stars for achieving Excellence across each of the quality measures for postpartum access and Care Parish Medical Group Primary Care practices have again been awarded the highest level of certification as patient- centered medical homes from the M National Committee on quality assurance this certification is the most widely adopted evaluation program in the United States PMG has earned this award since 2015 okay last but not least mark your calendars please uh be ready to be there for the gift of light in 2024 the gift of light is the best Community Tree Lighting Event in bravard it will be held Thursday December 5th beginning at 5:30 at Parish Medical Center was there last year I saw many of you there it was it was a wonderful event we hope to see you there this concludes my report thank you again for the opportunity and certainly welcome any questions you have thank you thank you Billy I appre appreciate it and I would I would say like I always do you guys are a big part of the uh North Bard Titusville Mims Port St John Etc community and and family and I think that the little invitation you ended with says a lot I really do um there are great hospitals that do great things like parish and then there are those who become part of the family and stay part of the family by doing things like that you don't have to do that that's nothing every hospital is required to do it's one of my favorite events and certainly um as I uh end my time as mayor I will still be there because they're still the best fireworks in the and though I take it back C man be mad at me they're very they're best with December fireworks that's for sure but uh the thing about those fireworks and first of all it's just so festive um you know you have so much going on then all of a sudden they are the closest to you fireworks you ever see I mean I get right there and there they are right there so uh but that's just one example of of how the it all works in the family and uh I don't know how else to say it but but thank you and I appreciate that uh member Cole I've had the opportunity the pleasure the privilege of being on the Parish Medical Center board for the last 24 years last 23 years through the leadership of George mkhitarian who has been a a complete forward thinker and has brought us to where we are today internally we always think that we're good but when we have outside evaluators that come in and give us these outstanding reports that only reinforces how we feel about what we do so as I said I'm proud to be a part of Parish Medical Center and the things that we do in the community lots of things that we do in the community and you alluded to it in your uh in your comments but thank you Billy thank you thank you sir and I'd be remissed she might might not be watching but my my wife just retired from Parish after 20 years and uh I can tell you that um it's very much a Class Act how they um treat their employees and I can certainly speak for my wife in that case um this would be a really good time for me to say that um red white and boom will be on Fourth of July and it's the greatest fireworks in the county and they really are they're really thank you guys so very very much um we have no action requested on that so uh City man on to item 6B which is the FY 2425 student advisory Council membership appoint uh Mr Luke dunhoff Astronaut High School Miss Ava spear Titusville High School and Miss Alex Pier academic Community enrichment we're selected to serve as their school's ninth grade Representatives staff is requesting city council confirm Mr dunhoff Miss Spear and Miss Pier's membership to the 2425 student advisory Council is there anyone here that wants to speak or no okay uh with that said uh any cards on that yes sir member Nelson uh I would make the motion but I'm curious Mr donhoff is he related okay uh move to confirm Luke dunhoff AA Spear and Alexis Pier as members of the 2425 student advisory Council second I have a motion in the second roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes let me say that uh as that passes unanimously let me say that that is one of the um highlights of my year every year as a mayor to be at any event they have to be at any meeting they hold um and when they come and present in front of us it it's just Class Act after class act and it's just such an honor for us to be a part of that so I I thank uh the city for letting us have that so passes unanimously and I look forward to seeing it probably on TV now City Man City Manager on to item 6C which is Planning and Zoning commission the Planning and Zoning commission semi anual report is included in your agenda packet no actions required okay onto item 6D which is Code Enforcement special magistrate the code enforc special magistrate semi annual report is included in your packet no action is required okay on to item 6E which is the Titusville environmental commission recommendations relating to tree canopy coverages and multif family residential development the critical root zones of trees and the funds for tree planting and maintenance um on 14 August 2024 the Titusville environmental commission improved several recommendations for City council's consideration and Direction they were recommend city council direct staff to evaluate amending the city's tree ordinance number 20221 by adding multifam projects in addition to single family subdivisions to require a minimum of 25% of the Development Area tree canopy coverage number two recommend to city council approve advisability for staff to review the tree ordinance tree ordinance number 20 2021 by re-evaluating the critical root Zone CR Z and Grading standards within the um CRZ and on 10 10 July 2024 the Titusville environmental commission approved a recommendation for City council's consideration and direction to recommend city council direct staff and the public works department starting now to spend all their funds the $2 per capita tree planting and initial care which includes the cost of tree purchases plantings materials Stakes wrapping water mulching and completion of controls Etc staff is here to answer any questions that you may have on these three advisability from the ti environmental commission and just for clarification we are looking at an advisability here and we are looking for an advisability to say what to who to direct staff on the three items that I just went over sir okay um anything member Nelson I have to say I like number one number two I think is probably important the one from July 10th because we don't have the or excuse me the urban forestry plan I think that's premature my suggestion was that Tec take the urban forestry plan and sort of give us some guidance on where they think we should be going and hopefully what it'll cost and let us make that final decision so that's my my request oh and I should I forgot to add something okay but we did talk about um planting some trees down in Riverfront Park uh specifically some palm trees and that's something that we could consider doing this year probably cost about 5,000 okay member stoko yeah I had a question on the third one with the $2 per capita for tree plant do we already do that right now as part of being a tree City I thought there were certain funds that go toward plantings or well we report to the planning department what it takes to maintain the rways okay the trees in the RightWay which we spend well over $100,000 to maintain the rideways we don't plan a lot of treeses with that with those funds those are just to keep the rideways mode keep the trees trim back off the right ways we have to do to keep roadways operational so to be a tree City we have to do a certain amount of planting and maintenance right I to be a tree City you have to spend a certain amount per capita on planting maintenance and care which we do right now to meet the requirement right so the what what we've shown is the majority of that expenditure in the past few years has been mainly maintenance repair and okay and um care okay and then I guess we would need space if we were to shift from maintenance to plantings to PL the trees yeah the direction we received from Council before was to go seek a grant to see if we can come up that funding to help uh develop a plan or a strategy okay and that's we're still waiting on that okay and then I I had a question about number two the critical root Zone um I mean I I know we spent a lot of time on the tree ordinance was this something that came up to be an issue that we this might be for if we have cards on this I might want to wait to hear cards I think there'll be cards okay so if there's cards on this I would be curious about that one as well of where that came about okay uh anything else from councel uh call the cards please Tony shiff Tony ship below Tropic Street I had a prepared speech for 6E as a member of the Titusville tree team I support the recommendations um that they present to you but I'm going to have to jump over to something that I prepared for later on um about to answer Miss stokle citizens were outraged that the city claims to be a tree City USA which requires the expenditure of $2 per capita for planting trees maintenance and removal if you read the um thing it's one of four requirements so instead of using my three minutes to go over what I was going to say about this I'm going to tell you what those requirements are someone must be legally responsible for the care of trees on city-owned property by delegating Tree Care decisions to a citizen L tree board your Titusville environmental commission which in its ordinance says that it is your tree board the city can determine who will perform necessary tree work and the public will know who is accountable for decisions that impact Community trees number two you have to have a tree ordinance well the tree team comprised of Citizen experts who range from arborous to Rocket scientists were able to assist Tec and pnz to formulate your tree ordinance even though it was significantly weakened by develop Vel opers threats and their complaints number three you have to have $2 per capita spent on tree planting maintenance and removal by providing support at or above the $2 per capita minimum a community demonstrates its commitment to grow and tend these valuable public assets to meet this standard each year the community must document at least two per capita toward the planting care and removal of City trees and the planning efforts have to be documented also to make these things happen and the fourth thing is you have to have an Arbor Day celebration so the citizens can join together to celebrate the benefits of community trees and the work that's accomplished by planting and maintaining them by passing and reciting an official Arbor Day Proclamation our mayor has shown it's demonstrated the support for the Community Tree program and has completed the four requirements to be a tree City USA now i' like to go off but I don't have those notes with me about the number of trees that have been planted in the last 10 years that Kain orang has been sending you detailed emails about and there were several years when no trees zero trees were planted even though the $2 per capita plant planting trees and we didn't do that and yet you said you were a tree City USA so there can I ask a question real quick Tony I think he has a question so I think you just said it's for removal and maintenance which Brad just said we have done the maintenance on it so I'm I those things that you just listed off we do those so I'm what do you thinking we don't do 80 80 trees were removed one year and not a single tree was planted I remember that statistic from my notes from before 80 trees taken out and zero planted is not exactly the intention of $2 per capita for planting trees maintaining and removing you should be planting more than you're removing you should be planting more than you're removing okay member Nelson okay Tony I got another question yes ma' Tony take a deep breath take a deep breath please please well it just makes me so angry that we bring you these facts all the time time and then we have questions like is it $2 what is it wait is great to ask questions yes ma'am take question take a breath so Kay and I talked about doing some tree planting over at is and Campbell Park is that still the plan I haven't heard that plan but I know that if Kate SE an is on to tree planting it will get done it happened in ch Lakes it happened at Sand Point and you better be on time cuz you guys get that done quick because it'll be done in 23 30 minutes she gets so many volunteers I know true I know okay so I don't know about that but if it was in her plans it will happen it was in her plans even so even if we moved on now she can answer this okay are we still doing tree planting in Isaac Campbell Park yes okay if you want we want it no card Tom Perez good evening Tom perz Washington Avenue i' like to uh as member of the Tec also indicate my support for uh all of our recommendations it is important that Council amend the tree the tree protection ordinance to include 25% of development area and tree canopy for multif family residential complexes by amending the ordinance in this way tree equity and benefits of living among trees will be provided to both homeowners and apartment renters alike while reducing storm water runoff into the Lagoon um it may have been a misunderstanding the the calculation in the ordinance that set forth the critical root Zone uses the word diameter instead of radius a factor of two which means that the minimum was cut in half the very minimum usually you know 1 and 1/2 ft is considered good one foot is a minimum per inch um the result is that the critical root zone is half the minimum size it should be and as is recommended by the international Society of Arbor tree protection sewn set up on construction sites using the city's current formula for the critical root Zone will allow most trees transport and feeder roots to be damaged or removed which you know in a sense uh just defeats the whole purpose of trying to do anything for the trees okay if we're going to lose them anyway so I um considering the amount of time that we've dedicated to tree ordinances over the past several years um it'd be nice if we got it right you know thank you yes thank you Tom next card L Lee Thompson lury Thompson 3550 irn Avenue Mims and I'm the chair of your environmental commission and we worked really really hard to um get the tree canopy protection ordinance packed passed but we still need to do more work cuz we we we're building a lot of apartment complexes now and they're taking out a lot of trees and apartment people they need to they need to have the ability to be among trees and have a nice place to go sit and get out of their Apartments also um so we feel like that is really really important you know plus it's going to help maintain the city's tree canopy um number two the critical root Zone like like Mr Perez said um it's kind of a housekeeping thing um our our critical root Zone designation is half of what it is in other places and so um we could do damage to our trees by by developing inside of what should be the critical root Zone um on the the $2 per capita yes it you can use it for um maintenance and that's what the a lot of it has been used for but it it also says you have to plant trees so what what we're asking is that some of the $2 per capita be be used every year for planting trees and not just use all of it on on maintenance and and taking trees down and you know your budget meeting is Thursday night so you'd have to act fast and and I know that the wording says starting now to spend um spend all of the fund for tree planting and initial care we don't have the urban forestry plan yet that will help us decide what where is the right place to plant the trees but that doesn't mean you can't start saving and setting aside the $2 per capita this year this budget process it it's going to mean that Kevin's going to have to find some more money somewhere if if we're going to use it to plant trees but that's what we're supposed to be doing as a tree City us say we're supposed to be planting trees too not just maintaining them and and taking them down with that it's a proud $100,000 a year and we could plant a lot of trees with that amen so I'm here for questions if you have any any questions I see none thank you thank you next card please Stan John Stan Johnston uh Stan Johnston former uh engineer for the city of Titusville uh I'm pleased to uh see that the city of tville uh council is listening at least listening to the Tec this time in fact it's an agenda item here in 6E um that's quite different than what has happened in the recent past in which the Tec has has given direction to U um the count the staff to to report to city or to report to council uh and uh to ask for work to be done by Council or and uh they never got to council such as sewage spills and so forth very serious matters which were just completely neglected and other words never even reached Council so um uh I'm pleased to see that this meeting is happening uh but I'm very concerned that Council has not been able to listen to te and and have uh issues brought to council so in other words what I'm saying is Tec votes to have issues brought to council and then they become NL and void it doesn't get to council this is a serious matter very serious matter so um I'm pleased to see that this time that at least it's coming to council so thank you for that thank you thank you Stan next stands back next card Michael brownie uh good evening mayor and counsel I I apologize but I have another serious hold up before you do that give here 3470 trino Circle perfect thank you thank you uh my wife and I moved here in July of last year um so we're we're new I hope you won't hold that against me um and I am mindful of my my three minutes so I I hate to talk to people though and get into something serious without introducing myself and getting to know you a little bit um we moved down here from Georgia to be close to my daughter who she and her family live in Coco Beach so this is as close as we want it to be we're glad to be here in Titusville we love it glad and um so um I'm a Florida native originally I've worked in in Florida professionally along uh as well as other places up and down the Eastern seab board um I wanted to speak on agenda item 60 specifically about the critical root Zone um my thinking is that some of you still have some issues or questions about what the critical root Zone really is and what it means and how it relates to saving trees um as a landscape architect retired and an arborist retired um I've had much experience in Land Development where the design team Incorporated large canopy shade trees into the built environment a lot of what we on the design side know about this topic comes from scientists that teach um about trees in forestry schools and from researchers people that work in the field like uh Davey Tree uh Bartlett Tree research company asplund all those people will know what critical root zones are because they relate very much to saving trees and your ordinance the tree protection ordinance requires that trees be preserved as much as possible right right so um without criticizing why the city's tree ordinance is like it is is at the moment I want to point out something um I'm here that you hear to request that you consider a couple of particular elements of the tree protection ordinance that needs to be improved okay my hope is that you will recognize the need as critical and that something uh can be addressed sooner rather than later in the last few months through my meetings with the Titus tree team City staff and the Tec I believe that there is concurrence hold that thought uh let's give one more minute please one minute is that three minutes wrap up in a minute there go ahead okay I'm almost done I believe there is concurrence on the need to make a correction and Improvement to the tree protection ordinance in two critical areas specifically two elements of the code that Define the critical root Zone I believe it was an oversight or an error sometimes when you're developing new codes and this code has been in place what two and a half years sometimes the codes you catch something and something needs to be improved when I was researching the city's codes related to proposed development at the Royal Oak Golf Course I picked up on this right away okay there's a math error basically related to the formulation of what is a critical root Zone and as um another um Joe as was explained by someone on the Tec board um the word diameter was used instead of radius and all right what we're going to end up doing this having to have a separate meeting with you um you're full of information that's for sure you're not a you're not a three minute kind of guy here meaning that there's just too much there but that uh now watch K when she gets up here she she'll have three minutes and she'll stop on the dime but before I even let you go though I I need to wonder if you're interested in being on a couple boards so um I haven't met you but I can tell you that I I could listen to you forever but we do need to move on um yeah and I might you might want you've met with the Tec apparently yes that's good um a couple times very good that might be a a place you put your little your name in there and say I might want to be on that board and like pnz there's several boards anybody else got any boards for him but uh thank you for the information I know there's a lot more there but it seems like maybe you just put a little thing out there for a seminar and you put one of those on but or a work session with staff well we'll we'll certainly maybe talk about that but you certainly have some information and uh a background and and I appreciate your sincerity thank you so much any questions no thank you thank you oh wait wait question uh vice mayor thank you because you are one of the more more sincere enlightening individuals that I have uh seen come before us with uh not uh giving us information that uh that is founded in in not in personal opinion and personal desires but founded in education and in science thank you thank you for that and I I hope that you uh participate in planning and zoning and and and help us to make our city a better City from uh with without including what is real and not what is a personal opinion right of people thank you for that you're welcome thank you for your time and as I told my wife this is Browning's Last Stand we're not moving anywhere so there you go we want to help don't leave there's more questions um and again I I I use the word uh enlightening there this is mesmerizing uh members Toco yeah no thank you and you answered my question that I was concerned about with the critical root Zone not understanding what you wanted us to do with that so just to clarify if I heard you correctly as we move forward you would recommend that we look at that tree ordinance again specifically concerning the critical root Zone because you think there could be some changes made there's two little pieces one is the diamet the definition of of the root Zone it requires a one-word change okay in the definition that is related to the formula for establishing the area that you work around to save trees okay other is the it follows that section that one um section and it's about grading in the critical root Zone it allows grading now you're not saving trees by allowing grading and uh that's a detail maybe to be ironed out with staff um at or date but um until the critical root Zone area is properly defined right and you keep fences around trees to be preserved and you don't allow people to take large equipment and run over those tree roots yeah you won't save trees we've been there haven't we K okay blocked equipment run over our trees thank you so much thank you next card please last card is K on cleanup matter sorry for being late I had a commitment um the three Tre Tec recommend okay St a Maryland Avenue Titusville tree team the three Tec recommendations on your agenda tonight are all important because if adopted they will be greatly beneficial to Residents wildlife aquafers and the Lagoon when Council considered adopting the tree ordinance in 20201 the draft ordinance required 25% of development area in tree canopy for all residential development however Council decided not to provide canopy requirements to multif family developments just a single family It is Well documented that neighborhood tree canopy reduces temperatures encouraging residents to spend more time outside exercising and socializing thus reducing stress and crime as the current code provides these benefits only to homeowners and new subdivisions essentially the law deprives multifam Renters of these benefits and could be considered discriminatory a case could be made in that regard ensuring Equitable tree cover in every neighborhood can help address social inequities direct staff to evaluate amending the tree ordinance to require 25% of development area in tree canopy and multifamily developments as it is required in single family developments I have spoken to an attorney about this and they believe that would be applicable to live local act multifam that's a legal decision that would need to be go to the City attorney but I have heard that also pnz should be provided the opportunity to advise Council on this amendment in regards to tec's third recommendation the city of Titusville has been a tree City USA Community for 23 years Tree City standard 3 indicates to meet the standard each each year the community must document at least $2 per capita toward the planting care and removal of City trees public works department is required to submit a community forestry budget to Tree City annually indicating how much of this $2 per capita is spent toward tree planting and initial care and how many trees are planted it says there a category right here a line that says how many trees they planted here's the budget for 2013 to 202 three for the year 2023 zero trees were planted in previous years four to eight trees were planted earlier three years in a row zero trees zero trees zero trees were planted one year in 2018 81 trees were planted now that was a good year tree team volunteers planted 165 trees in Titusville Park since 2021 and continue to maintain them at no cost to the city or county and yes we will plant these trees at at Isaac Newton Isaac Isaac Campbell okay got it right can I have another minute uh yeah let's extend a minute we don't normally she's normally right on three minutes if she slows down oh I can't get it all in then CU I have a whole another thing to say the tree City USA says $2 per Capital minimum is to demonstrate a community commitment to grow and Tin trees that's what Tec is recommending for the city to demonstrate a community commitment to grow and Tin trees Tec is asking Council to direct the Public Works to spend all of the $2 per capita minimum for tree planting and initial care to help compensate for all the many years the city planted zero to eight trees Tree City says communities should plant trees along streets and in parks and public spaces you don't need some urban forestry plan to save plant trees along streets and in Parks you know where you can do it you it's easily ascertained in public spaces as City trees provide many benefits clean air clean water shade and Beauty we all know that trees reduce polluted storm water runoff into the Lagoon as the Lagoon generates 7.6 billion annually in our region wouldn't it make sense to plant trees thank you very much just plant more trees just plant trees just plant trees next card no more card that's right you did say last card uh Council Nelson I like number one and two just as they they're written um number three I think we do need the urban forestry plan because like like we found out you can't really just go plant trees you can in Parks that's fairly easy but on streets you've got pipes you've got all sorts of infrastructure so I think for that we need an urban forestry plant so my my thought is I would love to see the trees planted in mariver front Park and K was there when we were talking about it um and then when we get the urban forestry plan back I would like to see Tec look at it and sort of come up with some ideas on where we go first there's possibility I understand of getting grants for planting those trees so I think how much we spend per year needs to come to us but I think we do need to spend some money each year toward those trees so if we get $100,000 in Grants you know maybe we're not spending 100 so I think we need to look at that so that's my thought M sto yes I'm along the same lines I think one and two are fine um this third one I think if we can kind of direct staff in the meantime look at planting some trees so we're not at zero or a low number and look at the parks but I want to be very thoughtful and have a plan for what we do um where we end up planning the other ones and then also it is important to have that maintenance component of it because I don't want to just plant trees and then they die the next year as well so I I would just like to have a little bit more thought go into the process in the meantime look at planning some at some of our Parks I think would be a great idea I think the maintenance of trees is very very important but I would like to see perhaps a a number or percentage um every year something that we that that your department has that we need to plant X number of trees every year um we don't seem to have that it seems like there should be a number or percentage there needs to be plant trees and and I know we're spending a lot of money on maintaining them and I know we're doing a great job with that I'm just saying that I think that there ought to be some number in there that says we need to plant X number of trees this year and we could probably de it with the Tec on the proper number um in the proper number each year because things change every year so I just think that I haven't heard enough uh talk from from our side that we need a number not just let's plant trees let's plant number let's have a number vice mayor yes do we know U what is the tree coverage uh at the present time on public property in the city do we know on public property what is the canopy percent yeah the coverage we completed a a canopy study a couple of years ago if you remember there was a consultant that provided a study Citywide I don't recall what the number was for on city property or public land uh it's certainly something we can look into and come back to you yeah we we need to find that out because as we go forth I I agree with we should be planting trees but uh where where we can plant trees we already know what we need to know what that status is so that we can continue to improve upon that when it comes to uh uh developing and stuff like that we have to look at it kind of a different way we still want to use that percentage uh uh Factor but we still have I I just love the the fact that the first time that I've heard you know you can't drive over the roots of a tree and expect them to grow you know uh uh healthy as we go in and that's something that's going to have to be worked out with the development and and and so for go and I think the wear the wear is seems to be a problem you put them certain places and you pop sidewalks or whatever I think that's when you you you say to K and some others say you know hey we we'd like to plant this number of trees now where can we plant them and and work together it can be done it can be done so uh where do we go with this I what do we looking to do to you um what I heard member Nelson and several follow along is the advisability for the first two and then to hold on the the third one well I'm not sure it's a hold on the third one uh I think what we're recommending is that we look at planting trees some palm trees in U Riverfront Park because that will stop some erosion there um and then start looking at next year when hopefully we have the urban forestry plan letting Tec um look at that and say these are these are our most important areas for planting trees sort of like you know and then it comes to us with hopefully a budget uh it's of course going to impact Kevin's budget but where we were planting at least some trees each year and with an X number with of X number yeah I think that we have to have something to shoot at we can't just say let's plant some trees let's have a you know goal how many do we want to plant so put me in a motion there if you could I don't know if I can put that in a motion well think about it oh you're the closest one to a motion right now so moved moved thanks move to um approve advisability for the Tec recommendations one and two and provide advisability for the July 10th recommendation um that we provide trees for Riverfront Park palm trees and that we come up with a number um that we can trees that we can plant in the coming years and abide by it stick and abide by it yeah does that work it works I know there's a lot of words there but that's kind of where I wanted to go past this and let's put something in there with let's have a an X number of trees not just let's plant some trees so that's no I think we don't even need to be absolutely firm we're going to plant 50 trees because area Tec says is the most important plant in that area may only hold 40 so I agree but at the same time I don't want to and I won't I don't want to be here again when it's read that we had three years and no trees right but we said well we maintained them and that's great that's important so I'm saying is we need to have some semblance of uh a number that we're trying to meet and say if we don't meet it there's a reason we didn't meet it a CO but when there's several years of no trees I I just don't think we need to be there right so okay I'm standing by that stand by that motion don't have a second on that I'm glad the lawyer made that motion I'll second I've got the motion and a second roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes all right we're moving forward actually I think my first couple years was mostly trees it was okay uh petitions and requests people with a separate non-agenda item thank you guys for being here Mike nice to meet you look forward to hearing from you and again petitions and requests I see none Stan Johnson again 860 points out Avenue and I S sent you an email yesterday it's about this project here's sheet four of the project SNJ Oaks and and I want talking about some nonsense so uh nonsense there's two dimensions on here that I want to talk to you about it's 16.77% a surveyor cannot possibly stake out cannot possibly measure does not have the equipment to do it but they're on this plan it's nonsense 10,000s of a foot uh there's some other things that are absolute nonsense is that U this survey was reviewed by the state board and refused and yet Corrections have not been made now I want to say about some other things that are really bad is the city has approved a minor subdivision on the North West Corner that's just across Elizabeth Avenue we approved a minor division of that and that minor division conflicts disagrees completely and meets in bounds with SNJ Oak survey complet furthermore the city has a plans prepared in about 1983 and and then as bu in about 1986 of the improvements of the streets sewer storm sewer water and so forth of Whispering Hills Road and Elizabeth Avenue that completely disagrees in meets and Bounds with this survey of SNJ Oaks so what I'm saying is this is that the city is approving conflicting surveys how can they do that that I want you to understand that Jesus can't do this Jesus can walk on water easy he can walk on water he can turn water into wine but he can't approve two surveys that are in Conflict but the city of Titusville and your city manager apparently believe that they can this is a serious matter and uh uh there's uh uh as far as the iron Rod M monuments and I've gone out there and showed it to right to Mayor and vice mayor and so forth that there's a monument out there that's 2 feet in disagreement with a drill hole in a sidewalk completely different it shows that there's a conflict and overlapping deeds and so forth so um I'm asking for you to correct it thank you thank you stand get a res survey petitions or requests Tony Sho Tropic Street I've calmed down thank you Tony can tell when you get started where you're at and something a little esoteric now for you in the introduction to the 50th anniversary edition of pedagogy of the oppressed Donald MSO the critical theorist linguist and expert on Multicultural education wrote I'm going to quote this Miss stle we protect the intellectual coherence needed in order to help others comprehend the critical difference between studying hunger as an anthropological tourist and experiencing it between deploring violence and surviving it and between the false benevolence of giving voice and being institutionally forced into voicelessness voice is not a gift he says it is a human right our autonomy cannot be achieved without a true communion with the people with whom we are engaged in a struggle for Liberation end of quote to paraphrase NASA's Bill Nelson speaking up like space travel is always risky even when safe even when routine we citizens intend end to continue speaking up on issues deeply affecting our everyday routines in an effort to help you Council comprehend the critical difference between just studying an issue and experiencing it surviving it we come before you prepared with research facts expertise and information not just opinions vice mayor we come with these facts and information and research to share pertinent context for issues that are often buried in your extensive overburdened agendas tonight I could be home watching the debate but I believe one can vote only occasionally but one can participate often in local politics that said I want to warn you I put in several cards tonight thank you anybody else petitions or requests city manager on to consent we have consent agenda item a through G um city council do you have any questions for consent I see nothing city council do you want to pull any consent agenda items for additional discussion I see none clerk are there any cards on consent yes I have three cards uh mayor I'd like to read the titles for the record thank you consent agenda item 8A accept the award for the grant for the Florida Department of Environmental Protection Grant awarded for resiliency Florida planning Grant consent agenda item 8 B approve resolution 15 2024 approving temporary road closures of state roads for special events Astronaut High Schools homecoming parade on September 26 2024 consent agenda item 8 C approve the city of Titusville United States law enforcement Foundation agreement for funding the infinite flame monument at the police Hall of Fame consent agenda item 8D approve the renewal of all lines of insurance coverage consent agenda item 8e authorize to procure products and services on the vendor of Records list for the FY 2025 consent agenda item 8f approve the Second Amendment to the Village Woods of LCI second amendment's Declaration of covenants conditions and restrictions and consent agenda item 8 G approve the final rankings for inclusionary housing and linkage fees for the 2024 Consulting Services all right thank you very much Council anything you want to talk about no call the cards please um I have Tony shff that did two cards one for item C and one for G well she puts in one card to talk about two things corre yeah so not two cards that's correct okay thank you first shipo Tony Tropic Street first I ask why a firm like this is inclusion inclusionary housing I want to know why strategic planning group won the bid on such a tremendously impactful project um as inclusionary housing regulations and linkage fees over an organization like amarak planning services that are already working with the Florida Housing Coalition to voted to community involved development and the first choice of three people on the selection panel um who will work with a project and I looked at the score sheet Brad I looked at it I looked both firms up online to see what could have made the difference and nowhere could I find any reference on the strategic planning Group website that won the bid I couldn't find any reference to City Planning community-driven housing needs sustainable Housing Solutions that were like on the Amar planning instead when you go to the strategic planning you read a collaborative group of interdisciplinary professional land planners real estate planners real estate economists and real estate development professionals and these are the guys who are going to come in and write our regulations for the poor people all right now on to the Eternal Flame wasteful gas burning Eternal fire burning at top 120 foot monumentally loopy piece of metal in Florida where many days are 95 degrees or better why did you not ask the citizens if we wish to donate $50,000 of our money to this endeavor or did you fear we would rather use the funds to test the outflow into the Indian River Lagoon which we were told would cost $10,000 per test but that was too much to spend to satisfy the desires requests and demands of the citizens now when I ask why the city was giving money to this multi-million dollar project it was said because they asked well on behalf of speak up Titusville I'm asking you for $50,000 a mere match of the donation being made to the well-endowed United States law enforcement Foundation getting $50,000 for a useless resource using carbon emitting flame when speak up Titusville is asking for a little donation you know to help save our beloved Indian River Lagoon next up the last card is danan Johnston and it's for item D yes ma'am okay item uh D is renewal of all Insurance lines of coverage and my concern is what the heck do we ensure in in some areas like for example I just had it talk to you about the survey and site plan in this case is for example some of the buildings are not even 12 in above the crow of road which is required by law unless there's some special circumstances and um uh all these things that are violate law surveying law and so forth are you responsible for that in lines of coverage if someone can answer that I would like to know um and uh there's there's other other things for example and I've been up here before uh because of of um I've had uh police officers U while I was out at at at sites and uh uh theyve they've observed oberved things like uh sewage spills and they've observed uh uh The Fountains turned on while um uh there's there's sewage in the ponds in in uh city parks so women and children Vehicles get sprayed my vehicle was sprayed I got sprayed so are do our lines of coverage cover those two particular items uh or are we uninsured for those things so I thought I should bring up those because those are important questions they happen again and again and um it seems like the city has a liability there what appears to me and even the police I believe have a liability uh on this particular issue we got seven police officers here in this room right now so U it'd be nice for y'all to respond to that question thank you thank you any of the cards no response I I would say to um Chief and the police officers noted is here uh on number c uh Foundation agreement for funding of the infinity flame monument at the police hall of fame um to honor the Fallen uh police officers in the line of duty I can't think anything uh more worthy so thank you guys I appreciate that uh city manager oh we no we need to do our vote um member Nelson move to approve consent agenda items a through G second got a motion in a second roll call vote mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes uh consent agenda passes unanimously City Manor on to item 9A which is ordinance number 23224 Titusville environmental commission powers and duties City attorney will read the ordinance for the record ordinance number 23 2024 an ordinance of the city of tville Florida amending the code of ordinances chapter 31 article 9 Titusville environmental Water Resources Commission by amending section 31121 powers and duties to incorporate the Tre City USA standards providing for severability incorporation into the code and providing for an effective date on August 21st 2024 the Planning and Zoning commission recommended approval as presented 61 at the 15 May 2024 Tec meeting the commission made two motions to propose an amendment to the tec's powers and duties within the city's code of ordinances the first motion requested that section 31120 B2 be moved to section 31121 B5 subp paragraph the second motion requested that the four SE subsections be added under Section 31121 B6 the new subsections are maintain the tree Board number two have a tree ordinance number three spend $2 per capita on urban forestry and number four celebrate Arbor Day Mr parish is here to answer any questions that uh Council may have on this ordinance Council um St you want to give us any insight before or um no I'm just he if you have any questions I think we presented this to you before yes you did TC saw it and so did pnz both recommended approval I think we're on the same page with that um cards please one card it's Tony shff um shff Tropic Street I already um did my Spiel on on on this but I didn't get to the last paragraph and I wanted to go back over about the $2 per capita again um mayor diesel you take $2 times the number of people that live in the city of Titusville and that gives you the budget that have and then you can decide well we probably ought to save a percentage for maintenance and maybe a smaller percentage for removing some trees and maybe this year we ought to have the biggest percentage for the budget of planting trees and that's kind of what I'm saying without the biggest budget not get into that I'm saying there would be a discussion on numbers yes and uh your Tec has discussed that and part of being a tree City USA you don't have any choice about spending $2 per capita on planting maintaining and removing trees it is number three of the four requirements to be a tree City USA and your te has demonstrated a deep commitment to shaping Titusville growth in an environmentally friendly way the depth of work behind the recommendations that they bring to you is amazing if you attended your meetings you would understand this if they were broadcast you wouldn't even have to come you could stay at home and watch them so I want you to please continue to show your respect if not your admiration for the sage advice that the environmental commission brings to you and make these recommended changes to their powers and duties and go ahead and swallow that $2 per capita because that's a requirement that is a requirement not ours we didn't come up with that ourselves that's Tree City USA my Tony Tony Tony agenda yeah we need I don't know what she's got to do but let her fix that come on up come on up young lady I was actually surprised I was waiting to hear your name first so good I'm glad you're there well I I I wanted to watch the um pre-debate discussion on TV so I wasn't planning on staying but then it looked like this would come up pretty quick so I can still see part of it um but mostly I'm just here here for questions um all we did was move one thing from one part of the um list to the second uh another part the reason that we did that our our reasoning was because um under Section 31-121 powers and duties specific responsibilities um it it we felt like the number two should belong in that other section where we moved it to so we really didn't take anything out we just rearrange the furniture sum and then on um item number five establish Titus so as a tree City USA we just added the four requirements um of being a Tre City USA into the ordinance because we we really wanted to make it clear that we we want to be a tree City USA but we want to do it right so I'm I'm just here for questions if you have any my first question a lot of time talking about this but my first question is you have a DVR at your your house right what now a DVR where you could record the what you're missing oh no I don't I I'm I'm technologically incompetent I'm not surprised okay uh any questions for her no I appreciate it thank you you better hurry home only only you stand nice visit all right where were we any other cards sir all right what do you want to do with this counil as Walt used to say what's your pleasure uh member Nelson I'm fine with it I am too so I like that we're moving I'll call it a Cooperative uh collaboration there and agreeing with them and saying hey what do you think what should we do more here and I'm hoping we're just going to follow their lead so I move to approve ordinance number 23 2024 the tville environmental commission powers and duties ordance second Motion in a second roll call vote vice mayor Robinson yes member stokel yes member Cole yes member Nelson mayor diesel yes passes unanimously let's move forward good job you better hurry take care now thank you Laur Lee uh City Manager on to some qu quas judicial matters City attorney will read the procedures for that as you see on the agenda item 9B was withdrawn so for the public we'll be moving to item 9 C which is small scale comprehensive plan Amendment application number 6 2024 for tranquility this involves two ordinances the land use change which is ordinance number 24 2024 which is a legislative item and resoning which is ordinance number 25 2024 which is qualifi judicial we will have the public hearing where we will address both the luse and the zoning at the close of the public hearing you will then consider the item separately you will vote on the legislative item and then you will vote on the resoning at this time I'll read the Quasi judicial procedures that would apply to the resoning during the public hearing portion of the meeting anyone wishing to speak on the quasa judicial item let's first sign a public hearing agenda card and sign the oath contain there on swearing to tell the truth the full truth and nothing but the truth these cards are located on the table at the entrance of the chamber and should be provided to the clerk those speaking in favor of request will be heard first 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 have you received signed oath cards from persons wishing to speak before the city council swearing to tell the truth full truth and nothing but the truth yes sir to staff and applicant please ensure all witnesses that intend to speak have signed an oath card and presented it to the clerk if there is anyone present who has not signed an oath card that wishes to speak on the Quasi judicial items please submit a card to the clerk at this time city clerk of all agenda items has been properly advertised yes sir in the event that a council member has received an exart communication either verbal or written outside of 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 communication 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 qual judicial item said visit or opinion shall be disclosed this is a small scale comprehensive plan Amendment application number 52 2024 which contains ordinance number 24 2024 and ordinance 25 20 24 the City attorney will read the ordinances for the record ordinance number 24 2024 an ordinance of the city of Titusville 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 6.3 plus-8 SEC of property located east of South Washington Avenue US1 and north of West NASA Causeway State Road 405 having Bard County partial ID numbers 22 35 35002 and 22 35351 from the regional mixed use and conservation future L designations to the regional mixed use and conservation future L designations to match the boundaries of the surveyed Wetlands providing for an effective date ordinance number 25 2024 an ordinance of the city of Titusville Florida amending ordinance number 5 1993 of the city of Titusville by amending the zoning map made a part of that ordinance by reference by changing the regional mixed use rmu and open space and Recreation or zoning districts to the regional mixed use rmu and open space and Recreation or zoning districts to match the boundaries of the surveyed Wetlands on approximately 6.3 plus minus Acres of property located east of South Washington Avenue US1 and north of West NASA Causeway stair Road 405 having forvard County partial ID numbers 22 3535 002 and 2235 35001 providing for an effective date the applicant is requesting a smallscale comprehensive plan Amendment with rezoning to correctly reflect the wetlands along the Addison Canal east of South Washington Avenue in the Tranquility multi-use development the purpose of the amendment is to protect the Addison Canal by correcting the conservation land use and O zoning District boundaries on August 7th 2024 the Planning and Zoning commission acting as your local planning agency recommended approval as presented 70 Mr parish is here to present to you on these matters Council the application or the staff report begins on 274 of your packet I'm just going to briefly touch on a couple items in there on page 275 at the bottom of that page uh your packet which is the second page of the staff report you'll see that the property uh generally is vacant right now wooded and has Addison Canal the future land use on the property conservation and Regional mixed use this is the only portion of the city that has Regional mixed use land use category as a tailor made for this particular development the zoning on the property is open space and Recreation o and Regional mixed use zoning with and the entire area is governed by the Tranquility development agreement and master plan page 276 of your packet um which is page three of the staff report you'll see under staff analysis general information this is really the Crux of the request um because the comprehensive plan policy 1.16.2 states that as of 2009 the wetlands shown as conservation land use on the future land use map were established using a national Wetland inventory map of 1988 the applicant has the right to come in and request amend that those bound iies of the conservation land use by with a ground truth information which they have provided so that policy further States uh in order to provide a more accurate mapping of wetlands when the city receives your Wetland delineation on specific s the delineation will be accepted by the city and the future land use map will be amended accordingly the applicant has provided that information we reviewed this application for against the uh policies of the comprehensive plan and the criteria of the reson in and I'm going to turn to page 282 of your packet which is the last page of the staff report under findings staff recommends adopting that we find the application to be consistent with the comprehensive plan and the zoning criteria of the Land Development regulations uh staff recommends adopting SSA number 6 2024 to amend the future land use map to reflect the actual boundaries of the Addison Canal Wetlands by changing the future land use designation from Regional mixed use and conservation to a more accurate and correct Regional mixed use and conservation boundaries the recomend recommendation is based upon the staff analysis information and evidence presented and in accordance with the city Charter the city of Titusville the code of ordinances and ldrs section 34-23 of the code the adopted comprehensive plan and the provisions of chapter 163 and 166 of Florida Statutes as far as our uh recommendation on the resoning if the land use is approved we will find that the resoning is also consist it should be approved so we recommend approval of the request to amend zone map to reflect the actual boundaries of the Addison Canal Wetlands located east of South Washington uh from the regional mix zoning district and open space and Recreation o zoning districts to the correct boundaries the recommendation is based upon the staff analysis information and evidence presented and in accordance with the city chart of the city of Titusville the code of ordinances and the ldr section 34-40 of the code the adopted congre plan and the provisions of 163 and 66 166 of the Florida Statutes and lastly I'm just going to point you to page one I'm sorry 296 of your packet and it's the side by-side map of the future land use and then the next page is the zoning and those two maps you'll see on the left side the map as where the conservation land use is currently located the red boundary illustrates where the Addison Canal boundar is located and so the map on the right will reflect that correction if this land use amendment is adopted same thing goes for the resoning map on the next page which is Page 297 of your packet with that I'll answer any questions you have member stoko uh just a clarifying question to kind of summarize this I think that we all kind of knew this was going to happen once they started to develop and build it's a big piece of property and this is really just Str up what they discovered and we're correcting it so to me this is um probably one of our easiest items I would agree I'm hearing a lot of this is not take too much any other thing from Council uh applicant uh Rodney Honeycut mayor council good evening Rodney Hut 3700 South Washington Avenue and so as we've all talked about there was a a 19 1988 Wetlands map that shows the General locations of wetlands particular Addison Creek and so now and so now those wetlands have been located by the environmentalist they've been ground Truth by the Water Management District and approved and so we're just applying to have that corrected for the uh comp plan and the resoning thank you sir any questions I think this is pretty cut and dry but go ahead cut and dry you like that um I tell you that was an accident anyway um any other questions I don't see any Rodney we'll get back to you any car cards please one card Tony Shuff pass all right don't encourage her Herman uh okay uh motion move to approve ordinance number 24 2024 amending the code of ordinance ordinances by amending the future land use map and changing the land use designation on 6.3 Acres of property located east of South Washington Avenue and north of West NASA cosway and does your motion incorporate the findings of staff's report that support approval yes second I have a motion and I have a second roll call vote member stokel yes member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes all right that's step one right yeah okay move to approve ordinance number 25 2024 amending ordinance 5 1993 of the city of tiell by amending the zoning map uh changing the regional mixed use and open space and Recreation zoning districts to the regional mixed use and open space and Recreation zoning districts to match the boundaries of the surveyed Wetlands see attorney we good yes sir again does that motion to approve incorporate the findings in staff's report that support approval decid all right I have a motion I have a second roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes passes unanimously I think we basically just fixed what needed to be fixed and I think we're better off now thank you on to item 9d which is the rezone application number 1- 12024 for property located at 2300 Columbia Boulevard uh this is also quasi judicial in ordinance number 26 2024 City attorney will read that for the record ordinance number 26 2024 an ordinance of the city of tville Florida amending ordinance number 5 1993 of the city of t by amending the zoning map made a part of that ordinance by reference by changing the regional commercial RC zoning District to the community commercial CC zoning District on approximately 3.69 plus minus Acres of property located at 2300 Columbia Boulevard having Bard County partial ID number 22 3529 AV 127.0 providing for severability repeal of conflicting ordinances and providing for an effective date again this is quasi judicial so um all the disclosure requirements would apply anybody have any disclosures I have none the applicant Larry rhs on behalf of the property owner 2300 Holdings LLC is requesting to rezone approximately 3.69 acre property located at 2300 Columbia Boulevard the request is to reone the property from Regional commercial RC zoning District to community commercial CC zoning designation for the property is currently uh commercial high intensity on the city's future land map Mr parish is here correction the planning zoning commission recommended approval as presented at their 21 August 2024 meeting Mr parish is here to present on this matter Council this agenda the staff report begins on page 368 of your packet I'll just highlight a couple things in here and show you a map um the application so this is not involve a land use Amendment this is strictly just a resoning application uh the land use is not going to change so basically the applicant is request to change their zoning from One commercial District to another underneath the overriding land use category um the resoning request is to change it from the regional commercial to the Comm Community commercial zoning District which is a slightly less intense zoning District on page 369 of your packet you'll see the property is uh currently um has a building on it uh with a parking lot and some out and outoor storage area behind the building um so it's a vacant commercial building uh we do not have a request to propose any changes on this property we do not have a concept plan associated with this on p on um page 372 your packet I'm just going to we did review this against the resoning criteria of the code uh we believe that the application is consistent the city's comprehensive plan and the land develop regulations including Amendment procedures described in or the criteria described in section 34-40 of the city's code regarding rezonings based on this uh based on the above findings the staff recommends approval of resoning number 1 d224 to reson the property located at 2300 Columbia Boulevard from the regional commercial zoning District to the community commercial zoning District in the commercial high intensity feature land use designation I'll also refer you to page 378 of your packet to an aerial and you'll see the property is located on Columbia Boulevard it's on a major arterial that's an f. maintained Road uh the property the area shows how the property was used just fairly recently and currently we do not have a like I said a business there now so if this is approved um it will allow the list of uses that are currently listed and permitted uh and limited inside the community commercial zoning district with that I'll try to answer any questions you have any questions I see none uh applicant uh we have I don't know if she's the applicant Carla Nettles there we go that's the only card okay Carla nles 6035 Adena Ro I represent the owner okay and I don't have any questions if okay um I don't think we're going to have a lot of questions on this one I think we'd like to I don't want to say what we're going to do but I we'll be right there um member Nelson move to approve resoning application number one 2024 2300 Columbia Boulevard changing Regional commercial to community commercials zoning District um and based on staff report second hold on City attorney you got all that done sound like yes you're incorporating the findings in staff's report that support approval correct she said that y second second got a motion in a second roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes it's not the longest wait we ever had but I know you had to sit there for a while so thank you and I'm glad we could get that done for you uh passage unanimously City attorney city manager uh 9e which is the rezone application number 22024 property located at 1606 South Street and the City attorney will read of this quasi additional ordinance uh 27 2024 ordinance number 27 2024 an ordinance of the city of Titusville Florida amending ordinance number 5 1993 of the city of Titusville by amending the zoning map made a set ordinance by reference by changing the single family high density r1c zoning District to the multifam high density residential R3 zoning District on approximately 044 plus minus Acres of property located at 16006 South Street having Bard County partial ID number 22 35429 providing for severability repeal of conflicting ordinances and providing for an effective date and again the disclosure requirements quasi judicial apply okay the applicant stated purpose for the rezone is to increase the number of residential units in order to provide additional housing for the area the subject property is an unplanted partial located on on South Street according to the Bard County appraisal's Office data the existing single family residence on the property was constructed 1957 the existing single family high density r1c zoning District was assigned during a Citywide administrative rezone in 1993 the planing and Zoning commission acting as your local planning organization recommend approval at their August 7th 2024 meetings as 70 Mr parish is here to present to you on this matter Mr Paris thank you the staff report for this agenda item begins on page 396 of your packet and again I'll just highlight a few things out of here you see the property is less than half an acre a commercial I'm sorry it has a single family detached zoning District on it which is the most intense zoning District intense rather it's the smallest one lot sizes that we allow in that particular Zony District um and they're reques to increase it to an R3 which is a highdensity multif family so essentially it would increase from one residential unit to potential six we find this to be appropriate because of its location the land use on the property is downtown mixed use use which allows an intense type of uses along this major arterial uh the property AB buts a a major arterial uh on page 397 of your packet you'll see uh in the tables there currently right the property has a single family residents on it with that downtown mixed use which is not being requested to be changed here so this is strictly only a resoning request underneath the over Ling uh land use category so again requesting from single family to multif family zoning we reviewed the application based on uh using the criteria and the code uh and we find it to be consistent with the resoning criteria on page 399 of your packet the very bottom I'll just read through the findings and recommendation the proposed resoning to multif family highdensity residential R3 zoning district is consistent with the city with the existing downtown mixed use future land use category and the city's comprehensive plan on the next page page 400 of your packet we recommend approval of the request to amend the zoning designation from single family R r1c to multi family highdensity residential R3 on on this property located at 1606 South Street the recommendation is based upon the staff analysis information and evidence presented and in accordance with the city Charter the city of totsville the code of ordinances and the L Land Development regulations Section 34-40 of the code the adopted comprehensive plan and the provisions of 163 and 166 of Flor statutes Al refer you to to page 404 of your packet and there's an aerial that shows the location of this property along South Street and this is the East westbound portion of South Street page four or five of your packet you'll see the same property uh with the future land use count designation on it and you can see several properties around it also have the same future land use designation so this is pro this was a planned area anticipated to have more intense uses and higher density with that I'll try and answer any questions you have any questions I think we have another one like that I see none uh call the cards no cards uh member Nelson okay based on staff's analysis and recommendation findings I would move to approve resoning application number 2-202 24606 South Street let me digress I but with a scan I don't see any anyway but let me is there an applicant okay I see no applicant okay so we did cards now we have the motion do I have a second I have a motion and a second uh roll call vote mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes pass unanimously think we clean that up nicely as well thank you staff for that the presentations to me have been excellent by the way very clear I like the aial photos the best I really do I always like to see where it fits in uh City Manager on to Old business this is 11a the regular city council meeting invocation at the August 27th 2024 meeting Council directed staff to provide additional information on a process with guidelines Andor criteria to invite area churches to provide an invocation for a six-month period and following the six-month period Council will determine whether or not to continue with the invocation or go back to the holding of a moment of silence staff has provided examples and procedure guides and criteria as well as a sample letter for your consideration all right um Council what uh you want to comment first or see do have any cards one can I call the name out Tony Tony Shuff Shuff out Tropic Street you've gone ahead and persisted in bringing back the exclusionary practice of religious invocations at a government meeting you're giving up a practice of quiet reflection and Collective calmness which I can often use a moment to catch our breath and thoughts prior to what often is a long tumultuous meeting instead you're going to use the Yellow Pages to invite participants from organized religious entities I looked up churches there's 150 listed around bravard in East Orange County but not a single synagogue or mosque only the Buddhist CER and Mims made that listing so I looked up religious organizations many fewer but mostly the same Bunch including the Buddhists but adding a psychic will she be invited so I ask you again whose Lord will be invoked whose Lord will be left out what am I to do while someone leading an invocation says things that are Blasphemous to me what else can I say I like a moment of silence thank you Tony um member Cole I do have some conations about this I've lived all over the world and have been immersed in different religions throughout the world I looked it up on Google and found out that there are between 4,000 and 10,000 religions in the world my concern is is that I also have consulted friends of mine that are Pastors in the community with my conations on this I feel that we are will be opening the door for everybody and anybody to come in to speak and give an invocation we can't discriminate against any religion that would come in so while it sounds good to have a religious leader come in and give an invocation I do have concern because we to my knowledge we've done it twice the first time someone brought in a vickon w Wick a Wiccan in the second time we had the list and often times the pastors would not show up and we ended up with a moment of silence anyway so I'm not in favor of this I am in favor of the moment of silence member stokel I am in favor of this I have been on Council for almost eight years now and this has never been an issue we went to the moment of silence during Co period of time um just simply because pastors weren't coming and we yes that's when we did have that moment of silence but um I think staff did a great job uh making an inclusive list a great process and I feel like we should give it a try and if it becomes an issue um we can go back to the moment of silence but we did not have an issue for eight years that I've been on and I think it's a great way to start our meetings so I'm in favor of this vice mayor well I have been afforded the opportunity over multiple years to uh to pray at the beginning of of C council meeting and I think that um it is a wonderful direction to go uh I uh I am in favor of it but if there is a big objection I I don't like moments of Silence because they don't do nothing uh that's my uh my thoughts and uh if we can I would suggest that we may uh if we start having issues and start having problems we may say that it's a moment of prayer and you can take this moment and pray any way that you choose to pray but uh if um but if if it's uh um acceptable to our the constituents who we serve uh we look at it if it has to be related to the city or the uh the area in which we serve if anyone want if they're located here in in Titusville it has to be specific uh so that uh that we can uh bring some U bring some I believe joy to back to our uh our community uh and bring us closer together so uh I'm in favor of of of inviting and if we find that it doesn't not does not work maybe we can say um and people Up Ja maybe we can say a moment of prayer and give everyone that is present the opportunity to pray in the means and which they think whoever they serve will re respond uh and uh but I think that we do need to a moment of silence is uh is has no value doesn't give us anything that's my my thoughts on the matter um first thing I would do is um to my friend the vice mayor I would disagree that the moment of silence means nothing I think that uh for me when you do a moment of silence I do say a prayer um and and I I I do perhaps quote a Bible verse depending on my day or what's coming up so that moment of silence has been important to me sometimes you may notice I don't want to get caught up and have people sit there for a minute and a half but sometimes I'm a little longer than other times depending on what I'm saying to myself um so I do think that a Moment of Silence has value I think that at a stadium when there has been perhaps a tragedy that's one that normally happens and there's a moment of silence I can just feel the the moment so I am uh I am not upset with a moment of silence at all for me it's been kind of uh relaxing and quite honestly if I go back there have been a few prayers that I have heard and invocations that want to give me a little opinion about what they think about an issue um I won't get into who where what I will say where I won't say where because then you'll know but I went to an event December and there was a prayer and the prayer was uh wanting the mayor to do things and could you get the marit I'm like holy cow so this so this prayer turned into a little bit of a of a opinion and I think we have to worry about that I've heard that here not terribly I've heard some great prayers um but I think that there is a a um wonderful thing if you take it seriously and if you you when that moment of silence comes it's you know could be dear Lord would help me to do the best I can tonight help whatever um so sometimes instead of listening to what they're saying maybe I get to say what I say um so I think there's something to be said for that all that being said I'm certainly not against an invocation I I you know fight to the end to make sure that we can continue to have invocations like they do in the uh the U in Washington DC and Congress and Tallahassee I would fight for that forever I just don't know that there's a problem with what we've got going now I will add a different thing I thought about today um because I kind of had an idea where the votes were going hither there and Yonder there's a part of me that feels like this is uh a topic that should be tabled for a month or so the reason I say that is um for myself I have one more meeting this month not counting the um the the short u budget hearings that come up but one more meeting and then I have two in October one and done basically in November so I W you know this is the guy that deals with that the most somebody starts praying for six or seven minutes I'm the guy that would have to say hey we we got to move hit the button or something um so I'm kind of feeling like this might be something that the next Council because there's going to be at least two new members on the council and I and there's going to be a new mayor so there's a part of me in an unselfish move would say maybe this isn't my decision to be involved with right now because I've only got four or five meetings and I don't know how long it'll take to even get it back so if we get it back I may have nothing to do with it at all and and I've voted for how the next mayor has to start the meetings I don't know that I think that's the way to do it I think that maybe we ought to wait and see for the next couple council members to come in um and and let them decide where this they go with this but that's that's just an option I'm not afraid to to vote on anything I think I've shown that but I think in unselfish part of me um you know again there was some when you get down being the head football coach it's time to let the other guy do his thing and some of those decisions need to be going out Place uh member Nelson I sort of like the moment of silence and I'll tell you why that last even before Co it seems like we would have a a preacher and then we have two months with no preacher and sometimes we'd have the same preach that's true too which sort of makes you feel like uh at least I would imagine for the public out there makes you feel like oh we like this church better than we like this church um so in here is talking about you can only speak at three Council meetings in a year but if people have not replied that they can fill in so potentially you have one preacher who might be there every time you turn around and I think that that to me is a problem um and we've had it well there were times as you just said we ended up with more moments of Silence anyway because yeah you know so I sort of like I I don't care if I call it a moment of silence or a moment of prayer I don't either but being able to say my prayer to the person the man I want to pray to and say please give me through tonight that's that's right you say what you want to say you know uh to who you want to say it please uh you know give me U Sage words to speak and and try to BR I don't use the word Sade but yeah words wi complicated for me words of wi and try to bring people together abely so I sort of like the moment of prayer moment of silence whichever we call it so little M meditation I really don't like the idea that one one preacher is here all the time or is speaking more than three times in a in a year so that's my thought remember Cole I think religion is is something that's a very private personal thing and the moment of silence gives me an opportunity to reflect and whether I'm praying or whatever I'm doing I think it's I I feel that by bringing in clergies from the various religious organizations we're definitely going to offend somebody we know that going in and I just don't feel we need to expose ourself to that because we get enough criticism as it is sitting up here and I don't feel like I want to open it up for any more criticism I wouldn't vote against it because I'd be worried about criticism but I would I mean I'm serious I mean I I I think that uh sometimes you got to stand up for how what you feel um but like I said I I think that the moment of silence or prayer I certainly don't think it's uh without great uh Great Value but I didn't mean that no I know what you're saying yeah I I didn't mean it in the way you took it I meant that we we're opening this up and we know that this is going to happen I mean there's no doubt in my mind it's going to happen you can get one of those prayers I got that basically was saying dear Lord please help him do what he's to do or something remember stle yeah no I would just say we will you always offend somebody like I think at the end of the day you have to make a decision based on what you feel is right we have not had an issue I think we're talking about issues that aren't even existent or we have a concern about another thing that I really enjoyed about it is we did get to see pastors and people from different organizations come and tell us about some of the things they were doing to have that connection I'm very big on the Partnerships with our nonprofits with our churches that is how in my opinion we have Effective Government and in our pledge we say one nation under God I it you're going to offend somebody I still think this is a nice way to start our meetings I think we should start with the six-month thing that member Cole you had said can we do it for six months at the last meeting I said that was a good compromise and if something goes wrong then we can amend it and if new people on Council if they de side they don't like it when they're in they could vote to remove it as well I still think that we should go forward with it I think staff did a great job I think we're just talking about issues that we don't have are we ready for a motion no I I want to say again I mean you know you said when the new Council comes in maybe you can fix it I almost and I'll say it again uh because this is the this is the pitcher or catcher as opposed to playing Left Field or right field this is the person who's going to deal with it one way the other uh more than anybody and that that's there's going to be a new person here no matter what I still think there's something to be said for letting the next counil deal with it I'm not hearing a lot of support for that but I want to make sure I'm on the record of saying I'm not applesauce I'm not trying to be the boss here um that's so I I just don't you know we're just a matter of weeks away from somebody else sitting in this chair and somebody else sitting in one of the other chairs and who knows so that being said I th throw that out there otherwise we'll make a movement I will move to approve the guidelines criteria for invocations for the regular City Council meetings on the 2 fourth Tuesdays at 6:30 and do so on a six-month uh basis and revisit in six months to see if we want to potentially change the rules second motion go ahead did you say second I second got a motion in a second roll call vote by mayor Robinson yes member stokel yes member Cole no member Nelson no mayor diesel I vote the table I really do I want to I'm I'm going to go ahead and stay with the moment of silence but that's again I I have nothing wrong with an invocation I'd like to see you bring it up again with the new Council uh I don't want to see us change something that somebody else is getting ready to get in the driver's seat and um I'd like the person in the driver's seat to say okay let's let's try that let's see what it looks like so I'm kind of tabling it by saying that we're going to I'd like to say no to that simply to keep it the same and I don't want to go on record uh as a churchgoing guy uh believer and all that stuff that I'm fine with an invocation I I I absolutely am proud that we have that up in Washington DC but I also think that as member Nelson pointed out we did have some Nosh shows and as I just experienced uh last Christmas time that there are those that want to pray and make a point and once you get them up there on the microphone we don't have control of what they're going to say so that being said I'm going to uh vote to maintain what we're doing now which is a no vote to the motion but I'm not opposed to if you guys turn that around in three months and say you know what let's go back and uh readdress that so at this point I vote no and stay with the moment of silence because I think there is value to the moment of silence and I say a prayer I'll say that straight up I say a prayer every time we have that silence so with that uh so so at this point you have a failed motion to have failed motion 3 to two so if you want to you it would be right for another motion if you wanted to have a motion to do something else that is approved because right now you just have a failed motion we well we do have a failed motion and and it's three to two stay with a moment of silence as I put it I don't like to say Turn down the invocation I get that's what technically happened I'm pleased with staying with the moment of silence um I think it's been valuable um to me to me it's been valuable and sometimes it's less valuable when I have somebody who's saying things that I'm like what why you I'm doing my best you know so that being said um I would say to the next Council and uh whoever happens to be on it that wants to make that move uh that would be the council because that's going to be four years worth of doing that and I don't want to take two weeks of being our a month and a half of being here and say this is what we're going to do I realize it's a six weeks trial but uh I almost feel like like it for a six week what was it six months six months trial yeah I so 32 stay with a moment of silence technically uh right to failed motion so if there is a motion that you want um a moment of silence or if you know currently right now our agenda says invocation if there's an intent to change that from invocation to moment of silence certainly there could be another motion at this point but all we have now is a failed motion cor correct I I I also like call by the way um Pastor Robinson uh a silent moment of prayer because at least technically that's what it is for me yeah and I think Mone yes I I know the resistance uh and uh I fa it you know don't don't think that everybody that go to church that likes to pray uh so we won't have to we won't get into to that part of it but uh uh that whatever uh my thoughts is I think it's a good idea I think it's a blessing idea uh but uhu I also understand that it's um it's a good way to start that let's have a moment of prayer and you pray to whomever you want absolutely And to clarify my stand I don't mind doing this um I I had some issues when I was had football coach uh for praying on the field after the game um we didn't have that for a long long time and then all of a sudden we did and there were some concerns and I won't get into all that but I remember being quoted in the paper some things were worth fighting for I didn't stop praying so I don't want to come across that I'm an anti- prayer guy I think in this particular place in this particular setting um that moment of silence is is valuable to me and and to others so I'll leave it at that um it is a sensitive thing I certainly perhaps expect to see it brought up again with the next people sitting up here um but I just also think that there's something to be said for letting that happen with the next group uh s manager on to 11b which is Award of contract of landscape Tom sorry was it what was what uh three to2 opposed to changing it all right city manager Award of contract for landscape Gateway um this item was tabled at your regular city council meeting on August 27th at 6:30 p.m. on March 10th 2020 the city council approved work to develop concepts for landscape gateways at various locations within the city on July 25th 2021 city council updated the concepts for each way each Gateway location on August 24th 2021 city council approved the final design design and permitting of the landscape gateways at I95 interchanges an excerpt of the final design which fot approval was attached July 3rd 2024 city council solicited bids to construct landscape Gateway improvements and con uh complete Associated work within 13 p uh hold 13 plan holders obtained the bid documents out of 303 bid notifications on August 2nd 2024 bid submitt BS were received from two respective biders with the following tabulations it's recommended the city council approve uh the award of the contract to Earth escapes uh unlimited Incorporated of Coleman Florida in the amount of 566,000 63 to construct landway land landscape Gateway improvements for the city and complete Associated work authorize the mayor to execute the contract upon approval of the city staff uh in additionally approve the associated budget amendments transferring funds from Road and Street funds to the general fund for accounting purposes Kevin and Sandy are here to answer any questions that you may have on this project Council any questions uh member Stoke a couple member stok yeah yeah there was one change I think that was made correct from last meeting I thought there was was I don't think we've made any changes um there was one poem in there the Chinese fan poem there there was one tree I would probably recommend removal of that one okay that was my only thing I I yes I remember that one there was something there I remember that okay I just want to clarify that uh remember Nelson that was your question that was yeah that was my question so we changed the palm trees no there was 26 tble palms and one Chinese fan palm at State Road 50 I think that he wanted it for you know decorative purposes but it that is found um IUS considers that possibly invasive so since it's one tree we could probably replace that with another Sable Palm it would be my suggestion okay have you looked at the trees over the wind Dixie Plaza I did not look at them I saw I've heard that there were two that look to be dead but the rest seem to be doing pretty well um my guess is that possibly they were the when they had um shock when they were planted um but I haven't inspected them myself personally I drove I drove through the other day because I was curious and they they look pretty sad uh two of them were dead and the rest of them like I said look pretty sad so I wouldn't particularly call those healthy I don't remember if those were certified or not um I did call as Kevin said last meeting we're not Landscape Architects but I did call um Sally Scola of eus just to get yeah an opinion to um you know if they had any recommendations moving forward and she said yes all all palms get all diseases lethal bronzing is and can be an issue um but her recommendation isn't to not plant Palms ever again as we heard earlier in the meeting we want trees um we want to plant trees so her recommendation is just try to keep them as healthy as possible when we plant them make sure we're putting soil amendments in there to make sure we have the right soil to grow these native trees and do you know put some soil amendments in after we after we plant them and then um you got to keep an eye on them if you see one that starts to show possible lethal bronzing you cut that you cut that one down and you can then test the other trees around it you can send them off to IAS and they'll test them and you and if they're good you keep them if they're not you you take them down so we're not saying that they won't they can't and they won't get this disease or the other diseases but we can try our best to keep them as healthy as possible did she have any suggestions on maybe trees that might be she did not she she did not she she like sable palms um she asked what what um we recommended and and I said we didn't hear a recommend of a different tree so she did not have a different tree to replace it with okay okay thanks remember call Sandy do we get any kind of warranty or guarantee on these trees for a year or so after they're planted yeah there's one year warranty on the trees themselves for replacement okay good for one year all right call cards k orang K an Maryland Avenue the plan for the projects includes the planting of these 26 Navy palms and I just heard now that the Chinese fan palm has been removed they are all susceptible to leing lethal bronzing disease in fact the University of Florida scientist Brian Bader has yet to identify a species of palm tree with resistant to the disease so yes all palm trees are susceptible to this disease the fdot design manual provided to me by Mr cook section 27.2 now I will agree with you I'm not an expert on read reading design manuals but I just wanted bring it to your attention Okay it stipulates the use of plants that are resistant to destructive insects and disease and do not rely on inoculation for survival well that's the situation here these Palms this disease is spread to these Palms by insects and if they show signs or actually even the not hang on a minute if they show signs they must be removed because once they get that disease there's no cure okay the nearby nonsymptomatic Palms can be injected with antibiotics quarterly for two years with hopes that they don't get the disease now it it is very helpful to get them approved certified disease free of this disease which cost $75 a tree but it will not protect these trees going forward it just means they're disease bre at the moment that you plant them so it's a big it it's really a problem and I would suggest that this city have all palms planted on city property B certified disease free so those ones that you want along the Lagoon there they should be plant certified disease free and any tree you see that's getting that funky look that unhealthy look they need to be cut down immediately and that's expensive you paid a lot of money for these trees and yeah you get one year tree one year wow and you're paying a lot of money for these trees so I mean you need to think about it twice or maybe more than twice yes the warranty for the project requires replacement of all plant material that is not in satisfactory condition for a calendar year that's reassuring but the plants that die with one year because the plants that die I'm sorry can I have a little bit more time I'm really trying to explain this to you the plants that die in within one year yeah likely aren't the right plant for the right place okay so the plan calls for planting some Palm some non Palms some other plants that are Chinese as well not just this Chinese fan palm but some other Fringe flowering plants that are Chinese and they're not suited for our zone so I would suggest the council needs to stipulate that any plant that dies be replaced by native plants suited for our Zone that's what they all should be but you know I'm trying to give you a little leeway here okay A little leeway mayor diesel wants these projects to look good Beyond 18 months to ensure that stipulate that the city crews are contractors who be begin maintenance after year maintain these projects at the highest level possible as good as the downtown Landscaping which keeps looking better and better that's how these Gateway entrances should be maintained very good that's it thank you so these three changes will not require these small three changes will not require fdot rep permitting or new bid according to Kevin Cook's email that he sent to me so please consider making those three changes and if you want I'll reiterate them if you ask me a question I'll reiterate those three changes replace with native plants all trees suit suitable for our Zone require high level maintenance and certify The Palms disease free perfect thank you thank you next card last card is Vicky Conlin Vicky con hi Vicky conin hello Vicki Conlin 2920 Royal o drive and I just want a clarification seems like a half a million dollars is a lot of money for this Landscaping event and I I thought I understood last meeting that we were going to go back and ask the contractor if they were willing to make changes to incorporate the bravard native plantings I I'm so impressed with what Tec has done with the bravard native planting list I print I have printed it and given it to many people it was 20 pages but I've had people ask ask me for that and so we might want to consider that as a future publication the city does because it's really a great list people have really welcomed it so why would we not slow the project down just a bit to make sure that we're doing bravard native plantings because from what I learned from the tree folks is that it takes less water it takes less maintenance they're more likely to live longer and look better for a longer period of time it's a better investment of our money so did I understand wrong that we were going to go back and see if the contractor would make changes yeah we were may I ask that or not I know that was uh something Kevin had talked about I asked our landscape architect if there was going to require rep permitting if the city requested changes he would need to know what changes we request to be able to tell if that has to rep permit so we didn't ask our contractor because our contractor is not under contract he's not been awarded a bid so we don't discuss projects so contractors don't have contract with the city at this point he has no contract with us to negotiate or to make changes to the contract award I asked our designer if there was changes and his response was he can't tell unless we tell him what to change if it has to rep permit through the state so out of the 15 different types of plants on here I believe two are non Florida native they're not all Bard native but I think one two three four five six seven of them are the rest are on our our recommended plant list there are two there are two non Florida Natives and there the the Ruby fringe flower and the blue Pago those are on IAS is listed as Florida friendly um plants Florida friendly is the next best thing to native Florida friendly means that it it can it can grow under the right conditions right plant like right place that you heard from her before um so IAS doesn't say you have to do 100% Florida native that's that's but you try to do you try to do as much as you can and this this the State Road 406 if you take out the Bea because there is no um Florida native s that's 100% Florida native not Bard native Florida native and I think 50 was around 95. okay thank you okay thanks it just see it's a lot of money I would think we want to invest taxpayer money really wisely important project too so it's both I agree um any other cards yes sir Council motion well any comments on this at all all right let's go okay I'll do that comments I do like K's idea that if the palms or actually the plants are die that way we replace them with Florida plants Florida native plants or trees um and that it be certified disease free the um sable palms and there's something else I would like to think we do have a I love what yeah I think we do that though I do I I I think that's one that I check off when you said that I think in I think you pointed that out and a matter of fact some people are concerned we have too much maintenance and enough tree planting so I I get that but that being said um so with that being said move to approve the award of a contract to Earth escapes unlimited uh to construct landscape gateway to improvements for the city and complete associ work authorize you to execute the contract upon review and approval of City staff and approve the associated budget amendment second a motion a second but before we go there vice mayor but I did I hear you in your motion you were saying yes to this this is move forward with this I was saying yes move forward so the motion was to award the contract with the certified disease free Sable Pals um and that if any of the plants or trees are die that we replace them with d yeah and I agree with that because you know that long as we are and I think that that was uh Miss St a just is trying let us do our best to make sure that we are planting healthy plants and healthy trees appro I think that that's what I got from from what she was saying it was a little bit long we can't control the life or death of a tree but we can do our best to make sure they're healthy when they planed amen all right I have a motion in a second roll call vote member stokle yes member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes we move forward thank you very much Miss City Manager on to new business item 12 a which is resolution 16224 canvasing the returns of primary elections held on August 20th 2024 and staff recommends approving the resolution uh any cards on that pony shff Sho Tropic Street New Stand don't forget your homework I could tell you I could tell you what I was going to say anyway you do you do that here we are 3 weeks after the primary election for you to certify the results good do it here we are two years since 82.5 s% of the voting citizens approved the right to clean water Amendment to the city Charter and you still have not certified that election instead you've wasted over 165,000 450 and 84 4 cents I think of taxpayer dollars as of June this year and two years time that we could have worked on the Indian River Lagoon polluters and you've cost over $30,000 to private citizens to defend the voting Public's decision to demand our right to clean Waters you've used taxpayer funds to sue taxpayers to deny their right to clean water couldn't such funds have been better to better use perhaps in preventing future sewers spills with more expense to come as the appell at hearing is September 19th win or lose we will all have to pay more legal fees shame on you members Nelson Cole and stoel for reing this unnecessary lawsuit so please certify the mayoral election and next time think a little bit before you start suing your citizens Mr Mayor yes ma'am I'm sure if I may yes I would like to approve resolution numbers 16224 caning the return of the primary election held on August 20th 2022 for the mayor seat seat 4 second member sto you also had your light up is that that was I don't know okay yeah okay uh I have a motion by vice mayor a second by member stoko roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes member sto yes passes unanimously um petitions and request from the public there's really nobody left Keith La you got anything you want to say this is your moment you're not looking like you have much to say keep him awake over there will you all right city manager uh mayor and Council reports uh let's start with member stok um Space Coast Lega City's meeting last night um I'm trying to think the number one thing that we need to submit by September 30th so I'm hopeful that we can think about it from now and then at our next meeting um they want to know what our legislative priorities will be for Space Coast Le of cities so um if you want to get with city manager between now and our next meeting and you have ideas please run it by him so hopefully he can present something to us at our next meeting to decide so at the next Space Coast Lea cities meeting um they will have priorities from every municipality and we can decide what our space Coast Le of cities legislative priorities would be um so that's one and then two um we had a great presentation on tax abatement the adorm tax abatement that will be on the ballot for the general election um it was from the EDC I know EDC and fit have a joint presentation as well um David Jones did the presentation it was very it short to the point and it made sense as to why in my opinion um just learning more about it I think sometimes we're my opinion has been like oh you know Titusville Florida is growing people are coming here why do we need to have the tax abatement program um but what was interesting is understanding that these industries and businesses um they're getting really great incentive packages from other municipalities other areas across the state even outside of Florida and a business wants to make money so they're going to go where they feel like they can make the most amount of money and I think that it's important that this and this is my opinion um and the presentation did a good job of explaining it that if this were to pass it gives us a tool to incentivize Industries to come here and what's really important for me as I'm thinking and we see home value is going up it's very expensive to try to live or to purchase a home this program will allow us to incentivize big companies that have to meet a certain minimum salary for employees average salary so it's not just we're not just saying jobs and it's minimum wage and it's low paying jobs but these would be upper higher level positions that would allow our citizens and our residents that live here to get those jobs and so that's what I that's what really sold it for me is like it's one thing to say yeah we're going to have jobs for and we're creating the space here but this tax abatement program allows us to be competitive to get the right jobs and to get these quality high paying careers so not just jobs but careers for individuals um to hopefully be able to purchase homes and to live and have quality of life here um so I just wanted to share that with you it was a great presentation and I think as we're going out and we're talking to Citizens I think sometimes the ballots can be a little confusing or there's items on there um but I just want to encourage anyone that's watching and for us just to kind of look into the program ask questions um and then just share the information because for me again I know we've had issues here and I'm like you know I don't I don't want to give away um these tax incentives when we can use them for other things but really are looking at it as an investment so we give away a little bit now but we're the return that we're getting is so much more so um that's pretty much it I think I don't know if Joe has anything else but that was the big thing I got from last night very good uh vice mayor that works for us and I I have to also say that the city manager has explained it to us over the over the years and what we do that quite well as well okay member Nelson well first I want to congratulate member Cole for placing third in the spelling bee I'm not sure what he did he had a good speller and he lost him can you clarify that it was a team it wasn't Cole he was tell you what Herman Cole can't spell who was part of a team we did have a last place trophies we didn't get that they didn't get that and it was a toilet bowl he did not get that but on a serious note um I was sitting there thinking you know we talked about having a public information officer way back and I was thinking you know we had Captain Blair here two weeks ago the man has had a television show for 22 years and I was like if we had a public information officer then that might help get that word out and secondly I I was reading online a newspaper article talking about the child that was paralyzed and again it was the city of tville paralyzed his child um you know I think when I was talking about it before I made motion made it very clear that there was no way to prove this is what happened um but for the paper it was just um Titusville settled a lawsuit for $70,000 uh they they paralyzed a kid it's all their fault and I'm sitting here thinking Morgan and Morgan would not take a multi-million dollar lawsuit and settle it for 70,000 so but people people apparently aren't thinking so I think it's time we sit down and think about having our own public information officer who can put out information uh about what's really going on and to that point I mean it's like every couple weeks I hear the river is dead tioso isn't doing anything um you know people are getting sick in the river um and some sometimes I get sort of aggravated because I'm like does anybody go to the city website and look facts don't matter anymore they don't but when we have newspapers also putting out false information news organizations that don't matter to them either but it just doesn't sensationalism sensationalism let me interrupt because this is so important I just saw in the news today because I happen to be flipping around I think it was Channel 6 and um they had uh the the Sherwood um deal on there and they talked about the Titusville city council the Titusville city council did this and did that and the people are upset they don't care that it's about facts they don't care that that we had nothing to do with that so basically I'm sitting there okay well we maybe we'll have a bunch of people show up and and and meet with us at city council because we messed up on the Sherwood thing not one nobody cares about facts so well done uh local news I don't want six three or two one of y'all s question do you guys think it would help or not I certainly think it would help yes I mean anything we can do but again you got to want to know the facts and quite honestly a lot of people don't care about facts the people that saw that on TV today all they know is the Titusville city council messed up and got those people mad and yeah I think it's a great idea I think we have a great communication Department it's I my concern is they're they do a lot they're doing this right now they do talking points and I would I think it would be very beneficial especially as we're entering into the budget season um right now I can't tell you how many times I get screenshots tags or posts specifically on social media about misinformation and disinformation consistently I don't I can't I don't have the capacity or time to go and and clarify facts it it yes and so I would definitely be in support of that we always had a public information officer at the state attorney's office and that was her job answer questions get the facts out uh interact with the news people and make sure that when they put something out it's factual and if there's a problem um well they're trained in that too you know yeah they're trained in that we had one at the school board we didn't have one at the school board for a long time but we they have one at the school board no so if I could we we do have information officers within the each department we have one within the police department one in Fire and one in the public works section and Jim Thomas is our community advocate um the the issue would be how Scott I'm not sure it's getting through it's great for police no police I have no ISS police is probably the gold standard in my opinion I will say I agree so um I'm not objecting that we need to engage more I I just don't know you have 18 FTE that you're deferring to mid year on this budget right so maybe we need 19 I don't know yeah but I'm I'm just sort of like it's taxing I think is the issue it's very taxing when we sit here and we spend a lot of hours and time working on things and then it's consistently now having to correct information when yeah it's it's a lot so if you know I don't think we ever had this kind of problem at the Sao uh but we had ly bumas Hooper who was a re retired reporter she knew all the reporters she would call them so I will also share with you that um Satellite Beach did try it okay they they had a public information officer as you know Courtney um gave up on it yeah because you're not going to stop when the person has an agenda whether you tell them the truth or not they're still going to try to turn it to uh accomplish their agenda but if you have no information they're going to fill it with their own yeah so I I I think you like you and I have done presentations there talking about uh what we've done the the Le things what River Lagoon but if you listen to the people that talk about Titusville is nothing nothing for the and you set up there I've heard you sit there and read off what what is in and they still yeah we tvi done nothing for the Indian we've completed more projects than any other other City the only person ahead of us is Bard zoo and uh one of those is a what a 199 million project of water yeah the S plant so uh you know all you can do is put it out there uh I don't know that another person doing that is but I think it'll be something to think about it's for conveniency now if it's not convenient you know I just I sort of think we've got to try something I yeah thinking outside the box or getting a little creative where it's something that we can easily just direct them back to and at least we say we did our part if they still want to believe in correct information that's on them but hey here's a link to this actually and I and I do it when I can but you I try the one there's five of us I also think trying to talk to yeah uh 50,000 manager does a a good job in getting us information back to us when yeah I will say that it was today yesterday he got us someone wanted wanted the yeah someone wanted some information he got that information more information than we had requested so those and then he informed all of the the rest of the council so that we can be prepared which is okay like I'm one of those people and Scott knows this that I will send my concern is if I really did it like for everything I'm getting it would be multiple times a day I'd be sending Scot I mean would that that would be more Beyond his job if I sent him everything that I get that's your wisdom too but yeah I know I know you you know the ones that are important yeah it's just to member Nelson's point I I do feel like maybe getting a little creative even at the annual conference I said in a session that was really cool they did they were talking about some of their information officers and what they do during budget season and how they kind of do some different graphs and turn it into like I I forget they put together a magazine and it was like The Game of Life they they got creative and they had a little bit more um I think time resources and money which again would have to be a discussion that we have with the budget if that's something that's important to us or not but being creative and being proactive because I feel like when you are correctly pushing out the right information um you're still going to have I will I will say you will always have people that will put out disinformation misinformation but my hope would be that we were able to influence that middle component you're going to have people that correct information people miss and then there's this big pool that can be influenced and I would like to influence them to the accurate correct information so they're not being pulled into the disinformation that would be my hope yeah and when I talk to people one onone correct you know it's fine you know I can sit down and say these are the things we've done um but you know no I don't have time to hit 50,000 people but while I I don't disagree with having a Pio I think that if someone asked me a question and I said well hey call this number and talk that's not what I'm going to do I'm going to try my best to answer the question because these people you know I work for these folks and I'm going to try to answer it and I and and I I can't encourage anybody anymore but you know if I text or call Scott and ask him a question I get an answer like that and then I can answer the constituent on what the problem is and and I think a part of that you know Scott just said that we have 18 fdaas that we have deferred that means there's 18 slots that are open that we cannot fund I'm not sure that we're able to do it while I don't disagree with it right I just think that you know we just going to have to work a little bit harder individually to get the information out I I think that we all agree I I've discussed that with city manager uh a lot uh I'm one of those guys that you know if they got like even today I would have liked to have had somebody from the city called the news Channel and say no I almost said a bad word but I I held up but you know that just made me sick and and city manager we've discussed this before there's reporting and then there's guessing and it's like this Titusville city council I'm like whoa yeah who that's not our jurisdiction uh just because I'm being selfish now but I think that's out there and something to move forward the debate started six minutes ago uh her Cole are you got more oh no okay I got real facts I'll be FAS okay so if any anybody should see my wife Joyce I want you to realize that she's one of the luckiest women in the world yes because we just celebrated our she has had the opportunity to be married to me for 59 years I mean she is lucky don't you think she's lucky to survived it we're we're missing a debate do you want to debate right now we can no debate congrat hey congratulations seriously that's awesome that that is truly awesome that's that's a well that's a blessing cuz you know you got to have the Health and Longevity just to do that I think that's that's that's a blessing oh she got lucky I've seen your kids and your grandkids and uh that's a blessing how about she's just a very patient woman yeah exactly uh I'll conclude just a question we I'm sure we do do we have AED in uh building we don't have one in here though I have no idea why that hit me today I didn't I'm looking said yeah it's downstairs in the lobby okay you need to stop looking at so maybe that's why I thought it all right that's good to have there I would if I was add anything I'd say maybe if something happened bad and I'm assuming all the officers know how to run that thing we had them all over Titusville High School I scared to death to use it of course you didn't ever want to use it but we had something and you also you also have the advantage of having a paramedic across the street too well that's true but sometimes across the street takes too long you get people going up there uh anyway um and I'll just say it again and certainly there's there's some uh personal aspect to this and I've talked to you about this before that I just think there's something to be said for the history of our our city to have a a listing like the city manager thing out there you have the city managers in the past I don't know that that's what I'm even looking for but I'd like to see that you know anybody who's been mayor here I can go back I've been here a long time and I can tell you Charlie LS was a mayor and Tom Maran was a mayor and Ron Swank was a mayor and then of course we get more recent and you've got uh Walt Johnson and tally there's history with every one of those guys and um I I just think there's something to be said for you go over to the uh first method every time I go in want to come in in late down the side and I look at the pastor they have a picture of all the pastors and I really look at those and some I remember and some I don't but even just the picture shows the change in time uh at Titusville High School outside the principal's office we have a listing of all the principles from the beginning and what years they served and there's some I don't know I like that stuff so I just throw that out there again I know I've thrown it out there before um and I don't know what I could do with that I think you guys said you're going to look into it and see and we'll go from there outside of that I'm done city manager uh yes uh before I get to my one action item I'd just like to you saw officer Cruz um depart U he has a school resource officer and um and I think several of council members went to the the breakfast as we started off the school year so um with the the recent events and other areas um just keep those guys and the students um in your thoughts and prayers because they they truly are doing a great job of identifying troubled students and and keeping the the population of the schools safe and um you know that's a they're they're the go-to people and I I just wanted to recognize sarden Cruz as one of our school resource officers um it's customary for city council to cancel the regularly scheduled 5:30 presentations and 6:30 regular uh city council meeting on the 4th Tuesday in December so I'll need a motion if you choose to do that so moved second I don't know I'm not sure I'm for this one I have a motion in a second all those in favor say yes yes oppos no no no no no uh it passes unanimously passes unanimously uh under information items we showing the dates of uh of uh the workshop I mean correction the budget hearings the the natural resources project that's listed under te's meeting tomorrow is not a workshop it's actually national uh natural resources project it's being briefed back to the Tec and will eventually come to city council but I just want to clarify that it is not a public Workshop uh tomorrow night and subject to your questions that concludes my portion I see none City attorney meeting uh We've accomplished everything thank you guys it's been wonderful meeting turn for