Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida
Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida
Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida
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<strong>City</strong> <strong>Council</strong><br />
<strong>Reg</strong>ular Meeting<br />
June <strong>14</strong>, 20<strong>11</strong><br />
<strong>The</strong> <strong>City</strong> <strong>Council</strong> <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> met in regular session in the <strong>Council</strong> Chamber<br />
<strong>of</strong> <strong>City</strong> Hall, 555 South Washington Avenue, on Tuesday, June <strong>14</strong>, 20<strong>11</strong>.<br />
xxx<br />
Mayor Jim Tulley called the meeting to order at 6:41 p.m. Present were Mayor Jim<br />
Tulley, Vice-Mayor Walt Johnson and Members Kathleen Burson, Martha Long and Rita<br />
Pritchett. Also in attendance were <strong>City</strong> Manager Mark Ryan, <strong>City</strong> Attorney Dwight<br />
Severs, Deputy <strong>City</strong> Attorney Richard Broome and Assistant <strong>City</strong> Clerk Jolynn Donh<strong>of</strong>f.<br />
Administrative Secretary Debbie Denman completed the <strong>minutes</strong>.<br />
xxx<br />
Mayor Tulley asked for a moment <strong>of</strong> silence and then led those present in the Pledge <strong>of</strong><br />
Allegiance.<br />
MINUTES<br />
xxx<br />
Motion:<br />
Member Pritchett moved to approve the <strong>minutes</strong> <strong>of</strong> the regular <strong>City</strong> <strong>Council</strong> meeting on<br />
May 10, 20<strong>11</strong> and special <strong>City</strong> <strong>Council</strong> meetings on May 17, 20<strong>11</strong> and May 24, 20<strong>11</strong> as<br />
submitted. Member Long seconded the motion. <strong>The</strong> motion carried unanimously.<br />
xxx<br />
SPECIAL RECOGNITIONS & PRESENTATIONS<br />
Mayor’s Award – Mayor Tulley presented Dennis Hepburn the Mayor’s Award in<br />
appreciation for his efforts to raise additional funding to have the Independence Day<br />
Fireworks on July 4, 20<strong>11</strong> versus July 3, 20<strong>11</strong> as proposed by the <strong>City</strong>. Although the full<br />
amount was not raised in order for the Fourth <strong>of</strong> July Fireworks to be displayed on July 4,<br />
20<strong>11</strong>, the money would be used for future firework displays.<br />
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Mayor Tulley read the public speaking procedures for the meeting.<br />
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Letters <strong>of</strong> Appreciation – <strong>City</strong> Manager Ryan read the names <strong>of</strong> the following employees<br />
that received letters <strong>of</strong> appreciation.<br />
1
Fire Department<br />
Bobby Crocker<br />
Police Department<br />
Bill Amos<br />
Tom Barry<br />
Gary Boyer<br />
John Cantalupo<br />
Izell Davis<br />
Chris DeLoach<br />
Jessica Edens<br />
Jennifer Glass<br />
Todd Hutchinson<br />
Leamon Jackson<br />
Telly Joiner<br />
Jorge Martinez<br />
Mark Sypien<br />
Building Department<br />
Joe Land<br />
Public Works<br />
Gary Culbertson<br />
Bill Hughes<br />
Water Department<br />
Matt Hixson<br />
Firefighter/Paramedic<br />
Detective<br />
Major<br />
Corporal<br />
K-9 Officer<br />
Officer<br />
Sergeant<br />
Detective<br />
School Resource<br />
Lieutenant<br />
Officer<br />
Detective<br />
Officer<br />
Officer<br />
Inspector<br />
Traffic Signal Electrician<br />
Maintenance Mechanic<br />
Water Reclamation Supt<br />
xxx<br />
TIFA LLC And Area IV Wellfield Update - <strong>City</strong> Manager Ryan advised Water<br />
Resources Director Raynetta Marshall and Water Resources Assistant Director Sean<br />
Stauffer would give a powerpoint presentation on the status <strong>of</strong> the <strong>City</strong> <strong>of</strong><br />
<strong>Titusville</strong>/Farmton Water Resources (TIFA) LLC and the Area IV Wellfield project.<br />
Staff was seeking authorization for the <strong>City</strong> Manager to designate a new member to the<br />
TIFA Management Committee.<br />
Water Resources Director Marshall and Water Resources Assistant Director Stauffer<br />
presented the powerpoint presentation and highlighted as followed:<br />
• TIFA LLC and Area IV Wellfield Project Update<br />
• Overview<br />
• Recent History<br />
• Current Status<br />
• Financial Update<br />
• Action Item<br />
2
<strong>City</strong> Manager Ryan advised Water Resources Director Raynetta Marshall would be<br />
retiring from the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> to be with her family in Jacksonville and thanked her<br />
for a wonderful job.<br />
Mayor Tulley expressed it was a pleasure working with Ms. Marshall and that she had<br />
done a great job for the <strong>City</strong> and would be missed.<br />
Water Resources Director Marshall thanked <strong>Council</strong> and expressed it had been wonderful<br />
working for the <strong>City</strong>.<br />
Motion:<br />
Member Long moved to authorize the <strong>City</strong> Manager to designate a member <strong>of</strong> the two<br />
members <strong>Titusville</strong>-Farmton (TIFA) Water Resources Management Committee that was<br />
responsible for the day-to-day management <strong>of</strong> the company as requested. Vice-Mayor<br />
Johnson seconded the motion. <strong>The</strong> motion carried unanimously.<br />
BOARDS AND COMMISSIONS - None<br />
xxx<br />
xxx<br />
PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) -<br />
None<br />
xxx<br />
Motion:<br />
Vice-Mayor Johnson moved to hear Old Business Item <strong>11</strong>B – Discussion <strong>of</strong> proposal<br />
before the North Brevard Parks & Recreation Commission to allow Not-For-Pr<strong>of</strong>it<br />
Organizations to charge parking fees in Sand Point Park for the launch <strong>of</strong> STS-135<br />
immediately after Consent Agenda Items. Member Pritchett seconded the motion. <strong>The</strong><br />
motion carried unanimously.<br />
xxx<br />
Motion:<br />
Member Long moved to hear Consent Agenda Item 8A – Award contract for Landscape<br />
Maintenance to New Business. Member Pritchett seconded the motion. <strong>The</strong> motion<br />
carried unanimously.<br />
CONSENT AGENDA<br />
Motion:<br />
xxx<br />
3
Member Long moved to approve Consent Agenda Item B through E in accordance with<br />
recommendations upon reading. Member Pritchett seconded the motion.<br />
Consent Agenda was read as followed by <strong>City</strong> Manager Ryan.<br />
B. Award Bid # <strong>11</strong>-B-033 (Monocular Scopes and Accessories) To Stretcher’s<br />
Inc. - Approve award <strong>of</strong> Bid # <strong>11</strong>-B-033 for the purchase <strong>of</strong> Monocular<br />
Scopes, Camera and Accessories from Stretcher's Inc., 109<strong>11</strong> W. Hwy 55,<br />
P.O. Box 41398, Minneapolis, MN 55441 in the amount $19,592.<br />
C. Home Depot Community Improvement Program - Accept and authorize use <strong>of</strong><br />
the Home Depot Community Improvement Program funds in the amount <strong>of</strong><br />
$1,000 and authorize the <strong>City</strong> Manager to execute the contract.<br />
D. Public Safety Grant Program – Accept and authorize use <strong>of</strong> the Target Public<br />
Safety Grant in the amount <strong>of</strong> $2,000 and authorize the <strong>City</strong> Manager to<br />
execute grant.<br />
E. Use <strong>of</strong> Forfeiture Funds - Authorize use <strong>of</strong> Forfeiture Funds to support the<br />
<strong>Titusville</strong> Terriers Youth Football and Cheerleading Club, Inc., P.O. Box 100,<br />
<strong>Titusville</strong>, FL 32781 in the amount <strong>of</strong> $500, Christian Life Center <strong>of</strong><br />
<strong>Titusville</strong>, Inc., c/o Son's <strong>of</strong> Thunder Summer Camp, P.O. Box 2175,<br />
<strong>Titusville</strong>, FL 32781 in the amount <strong>of</strong> $500 and the North Brevard Hawks<br />
Football and Cheer, NBSA, Inc., P.O. Box 872, <strong>Titusville</strong>, Fl 32754 in the<br />
amount <strong>of</strong> $500 for a total <strong>of</strong> $1,500. Funds were available in the Forfeiture<br />
Account $109-5555-589-10-01.<br />
<strong>The</strong> motion carried unanimously.<br />
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Vice-Chairman Johnson moved to hear Consent Agenda Item 8A immediately after<br />
Consent Agenda. Member Long seconded the motion. <strong>The</strong> motion carried unanimously.<br />
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Consent Agenda Item 8A was read as followed by <strong>City</strong> Manager Ryan.<br />
A. Award Contract For Landscape Maintenance - Approve award <strong>of</strong> contract for<br />
Bid No. <strong>11</strong>-B-032 in the amount <strong>of</strong> $87,780 to Ground Pr<strong>of</strong>essionals, LLC <strong>of</strong><br />
Melbourne, FL to provide landscape maintenance services on the State Road<br />
Medians and Right-<strong>of</strong>-Ways within the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong>.<br />
Public Works Director Kevin Cook clarified the scope <strong>of</strong> work in the bid packages. <strong>The</strong><br />
contractor bid package defined exactly what was required <strong>of</strong> the contractor. <strong>The</strong> scope <strong>of</strong><br />
work for the Department <strong>of</strong> Corrections (DOC) was more open ended and DOC would<br />
complete what staff defined for them. <strong>The</strong>re were no particulars included in the DOC<br />
4
contract. Another difference was the DOC contract required the <strong>City</strong> to provide and<br />
maintain all equipment for the inmate crews and the proposed contractor contract would<br />
require the contractor to provide and maintain their own equipment.<br />
Mayor Tulley opened the public hearing.<br />
James Burke, JB Lawn Service, advised his company was the only company that<br />
submitted a bid contract that did a walk through. He expressed concern the company that<br />
was awarded the contract for landscape maintenance under bid for their contract. Mr.<br />
Burke asked <strong>Council</strong> to question the company as to whether they could actually perform<br />
the job.<br />
Member Pritchett advised she was concerned with the bid price and asked whether there<br />
was a stipulation in the contract that the <strong>City</strong> was able to remove the company if there<br />
was a problem.<br />
Public Works Director Cook clarified the contract could be terminated with a five days<br />
notice.<br />
Member Burson asked Public Works Director Cook whether an in-house estimate was<br />
completed for the cost <strong>of</strong> landscape maintenance.<br />
Public Works Director Cook advised the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong>’s original cost was $225,000.<br />
When recalculated with part-time labor, the reduced anticipated cost for the <strong>City</strong> <strong>of</strong><br />
<strong>Titusville</strong> to complete the labor would be $125,000.<br />
Member Burson expressed concern about fuel cost.<br />
Mr. Burke clarified fuel would cost $3,600 for one year for one truck and one mower. He<br />
advised his bid was for full service and felt the other company would not be able to<br />
provide all the services required for their bid amount. He advised he could provide a<br />
breakdown <strong>of</strong> his cost.<br />
Public Works Director Cook advised he and Purchasing and Contract Administrator Jesus<br />
Vieiro met with the company awarded the bid, Ground Pr<strong>of</strong>essionals, LLC, and went<br />
through the specifics <strong>of</strong> the contract in order to make sure the terms <strong>of</strong> the contract were<br />
understood. Written verification was received from Ground Pr<strong>of</strong>essionals that they<br />
would honor their price and complete the work as specified in their bid.<br />
Mayor Tulley closed the public hearing.<br />
Motion:<br />
Member Long moved to approve Consent Agenda Item 8A – Award contract for<br />
Landscape Maintenance in accordance with recommendations. Vice-Mayor Johnson<br />
seconded the motion. <strong>The</strong> motion passed 4 – 1 with Member Burson in objection.<br />
xxx<br />
5
OLD BUSINESS<br />
Discussion Of Proposal Before <strong>The</strong> North Brevard Parks & Recreation Commission To<br />
Allow Not-For-Pr<strong>of</strong>it Organizations To Charge Parking Fees In Sand Point Park For the<br />
Launch Of STS-135 - <strong>City</strong> Manager Ryan advised as a follow-up to the North Brevard<br />
Parks & Recreation Commission (NBPRC) Report by <strong>Council</strong> Member Pritchett at a<br />
previous <strong>City</strong> <strong>Council</strong> meeting, he would like to initiate a discussion on the portion <strong>of</strong><br />
that report relative to charging for parking in Sand Point Park for the launch <strong>of</strong> STS-135.<br />
Member Pritchett indicated the North Brevard Parks & Recreation Commission (May 12,<br />
20<strong>11</strong> NBPRC Agenda Minutes included in the agenda packet) was exploring allowing<br />
Not-for-Pr<strong>of</strong>it Organizations to charge parking fees for various parks, including Sand<br />
Point Park (a municipal owned park). <strong>City</strong> Manager Ryan would like to initiate a<br />
discussion whether <strong>Council</strong> supported charging for parking during the launch <strong>of</strong> STS-135<br />
in a <strong>City</strong> owned park (Sand Point Park) with the proceeds to Not-for-Pr<strong>of</strong>it<br />
Organizations.<br />
North Area Parks Operations Manager Terry Lane advised some <strong>of</strong> the money from the<br />
fees would be used to assist youths that were unable to afford to participate in Parks and<br />
Recreation programs. <strong>The</strong> NBPRC set up guidelines on what would be acceptable for<br />
charging fees to enter the parks and setting up various concessions. All the riverfront<br />
parks from Marina Park to Coal Park were being considered.<br />
Mayor Tulley asked whether other public parks in the County charged vendor fees.<br />
North Area Parks Operations Manager Lane responded there was a fee schedule<br />
established by the County Commissioners and clarified that for $50, vendors could<br />
purchase a permit to sell in the parks.<br />
<strong>City</strong> Manager Ryan clarified Sand Point Park and Marina Park are Municipal Parks and<br />
that <strong>Council</strong> had a right to participate in the decision whether fees were allowed to be<br />
charged or not at those parks.<br />
Motion:<br />
Vice-Mayor Johnson moved for <strong>Council</strong> to not support the <strong>City</strong> or North Brevard Parks<br />
and Recreation allowing charitable organizations to charge a fee for parking at <strong>City</strong><br />
owned parks during the launch <strong>of</strong> STS-135. Member Long seconded the motion.<br />
<strong>The</strong> motion carried 4 -1 with Member Pritchett opposed.<br />
Consensus <strong>of</strong> <strong>Council</strong> was to support anyone who obtained the rights or permits to sell<br />
hot dogs, etc. as a method to support fundraising activities and welcoming visitors during<br />
the upcoming launch.<br />
Member Burson asked what the <strong>City</strong> was doing to address safety during the launch.<br />
6
<strong>City</strong> Manager Ryan advised the <strong>Titusville</strong> Police Department was coordinating with the<br />
Brevard County Sheriffs’ Department and NASA to do everything possible to help insure<br />
the safety <strong>of</strong> all individuals during the launch. <strong>The</strong> <strong>City</strong> was also utilizing <strong>Titusville</strong> 4<strong>11</strong><br />
to get information out to the citizens and to provide misting tents.<br />
North Area Parks Operations Manager Lane advised Parks and Recreation would be<br />
operating the boat ramp in order to keep parking open for the boat trailer parking.<br />
Motion:<br />
Vice-Mayor Johnson expressed concern that the word charitable was added to his motion.<br />
His motion was to not allow anyone to charge a parking fees at <strong>City</strong> owned parks during<br />
the launch <strong>of</strong> STS-135. Consensus <strong>of</strong> <strong>Council</strong> was it was understood not to allow anyone<br />
to charge fees at <strong>City</strong> owned parks during the launch <strong>of</strong> STS-135.<br />
Member Long asked if there had been further discussion on making Indian River Avenue<br />
one-way or closing the road during the launch <strong>of</strong> STS-135.<br />
<strong>City</strong> Manager Ryan advised that was a big challenge. If the road closed, it would pose a<br />
problem for fire trucks and emergency personnel who would need to access that road. In<br />
dialog with the Fire Marshal and Fire Chief, he thought it was recommended not to do<br />
anything on Indian River Avenue. He would research that dialog and report back to<br />
<strong>Council</strong>.<br />
xxx<br />
ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION<br />
Resolutions Designating Various Areas Within <strong>The</strong> <strong>City</strong> Of <strong>Titusville</strong> As Brownfield<br />
Areas And Providing For Analyses For Each Area Under Consideration Consistent With<br />
<strong>Florida</strong> Statues - <strong>City</strong> Manager Ryan advised this was a public hearing for each <strong>of</strong> the<br />
Resolutions for designating five (5) areas within the <strong>City</strong> as Brownfield Areas under<br />
Section 376.82 <strong>of</strong> <strong>Florida</strong> Statues as a means to promote economic development in each<br />
<strong>of</strong> the areas under consideration.<br />
Staff included in the agenda packet a detailed staff report for each area. Each area<br />
included a separate resolution and would include a separate public hearing.<br />
Resolutions were as followed:<br />
Resolution No. 17-20<strong>11</strong> designating real property Park, known as the North Brevard<br />
Industrial Park and Space Port Commerce, as a <strong>Florida</strong> Brownfield area for the purpose<br />
<strong>of</strong> rehabilitation, economic redevelopment, and environmental remediation and directing<br />
the <strong>City</strong> Manager to notify the Department <strong>of</strong> Environmental Protection <strong>of</strong> said<br />
designation.<br />
<strong>City</strong> Manager Ryan advised since publication <strong>of</strong> the agenda, Sculptor Charter School had<br />
communicated to the <strong>City</strong> that they wished to opt out <strong>of</strong> the Brownfield Area.<br />
7
Economic Growth Development Director Matt Chesnut advised three properties<br />
previously opted out and were depicted on the map provided in the agenda packet.<br />
<strong>Council</strong> would need to pass Resolution No. 17-20<strong>11</strong> with adjustments to the map<br />
reflecting properties at 1301 Armstrong, opted out.<br />
Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing<br />
was closed.<br />
Motion:<br />
Vice-Mayor Johnson moved to approve Resolution No. 17-20<strong>11</strong> with Sculptor Charter<br />
School at 1301 Armstrong Drive removed from Resolution No. 17-20<strong>11</strong> as recommended<br />
by staff. Member Burson seconded the motion.<br />
<strong>The</strong> roll call was:<br />
Member Pritchett Yes<br />
Vice-Mayor Johnson Yes<br />
Mayor Tulley Yes<br />
Member Long Yes<br />
Member Burson Yes<br />
<strong>The</strong> motion carried unanimously.<br />
xxx<br />
Resolution No. 18-20<strong>11</strong> designating real property known as Bobbi Lane<br />
Commercial/Industrial area, as a <strong>Florida</strong> Brownfield area for the purpose <strong>of</strong><br />
rehabilitation, economic redevelopment, and environmental remediation; and directing<br />
the <strong>City</strong> Manager to notify the Department <strong>of</strong> Environmental Protection <strong>of</strong> said<br />
designation.<br />
<strong>City</strong> Manager Ryan advised there was a known contamination on this property, which<br />
designated that property as a Brownfield Area.<br />
Mayor Tulley opened the public hearing. As no one wished to speak, the public hearing<br />
was closed.<br />
Motion:<br />
Member Long moved to approve Resolution No. 18-20<strong>11</strong> as recommended. Vice-Mayor<br />
Johnson seconded the motion.<br />
<strong>The</strong> roll call was:<br />
Vice-Mayor Johnson<br />
Mayor Tulley<br />
Member Long<br />
Member Burson<br />
Member Pritchett<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
8
<strong>The</strong> motion carried unanimously.<br />
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Resolution No. 19-20<strong>11</strong> designating real properties owned by RW Kirk Family LTD<br />
Partnership located at 4710 South Washington Avenue, as a <strong>Florida</strong> Brownfield Area for<br />
the purpose <strong>of</strong> rehabilitation, economic redevelopment, and environmental remediation;<br />
directing the <strong>City</strong> Manager to notify the Department <strong>of</strong> Environmental Protection <strong>of</strong> said<br />
designation.<br />
<strong>City</strong> Manager Ryan advised the utilization <strong>of</strong> arsenic for weed control used along the<br />
railroad right-<strong>of</strong>-way on this property created the ability to designate that area as a<br />
Brownfield Area.<br />
Mayor Tulley opened the public hearing.<br />
Robert Kirk advised he was there to answer any questions<br />
Member Burson asked what Mr. Kirk’s plan for the property.<br />
Mr. Kirk advised that previously the property was used for retail and housing, but with<br />
the economy as it was, it would not support that and he would wait to see what the<br />
market would support at a future time. <strong>The</strong> property was an underdeveloped property<br />
with the potential to have problems with contamination. <strong>The</strong> Brownfield designation<br />
would give him the same advantage as Brownfields that were designated in the south part<br />
<strong>of</strong> the County. Mr. Kirk expressed new people to the area look for those benefits and he<br />
felt this would help in attracting them to the <strong>Titusville</strong> area.<br />
Mayor Tulley closed the public hearing.<br />
Motion:<br />
Member Pritchett moved to approve Resolution 19-20<strong>11</strong> as recommended. Vice-Mayor<br />
Johnson seconded the motion.<br />
<strong>The</strong> roll call was:<br />
Mayor Tulley<br />
Member Long<br />
Member Burson<br />
Member Pritchett<br />
Vice-Mayor Johnson<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
<strong>The</strong> motion carried unanimously.<br />
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9
Resolution No. 20-20<strong>11</strong> designating real property owned by West 50 Plaza LLC located<br />
at the South end <strong>of</strong> Helen Hauser Boulevard, as a <strong>Florida</strong> Brownfield area for the purpose<br />
<strong>of</strong> rehabilitation, economic redevelopment, and environmental remediation and directing<br />
the <strong>City</strong> Manager to notify the Department <strong>of</strong> Environmental Protection <strong>of</strong> said<br />
designation.<br />
<strong>City</strong> Manager Ryan clarified this property was being looked at as a potential for<br />
contamination from the I-95 construction and being located next to the wastewater<br />
treatment facility.<br />
Mayor Tulley opened the public hearing.<br />
Robert Kirk was available for questions and advised he believed this property had the<br />
potential for contamination.<br />
Member Tulley closed the public hearing.<br />
Motion:<br />
Vice-Mayor Johnson moved to approve Resolution No. 20-20<strong>11</strong> as recommended.<br />
Member Pritchett seconded the motion.<br />
<strong>The</strong> roll call was:<br />
Member Long<br />
Member Burson<br />
Member Pritchett<br />
Vice-Mayor Johnson<br />
Mayor Tulley<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
<strong>The</strong> motion carried unanimously.<br />
xxx<br />
Resolution No. 21-20<strong>11</strong> designating real properties owned by RW Kirk Family LTD<br />
Partnership located at northwest corner <strong>of</strong> SR 405 and US Highway 1, as a <strong>Florida</strong><br />
Brownfield Area for the purpose <strong>of</strong> rehabilitation, economic redevelopment, and<br />
environmental remediation; directing the <strong>City</strong> Manager to notify the Department <strong>of</strong><br />
Environmental Protection <strong>of</strong> said designation.<br />
Mayor Tulley opened the public hearing.<br />
Robert Kirk advised this property had 3000’ <strong>of</strong> railroad frontage and had the potential <strong>of</strong><br />
contamination from the use <strong>of</strong> arsenic for weed control along the right-<strong>of</strong>-way.<br />
Mayor Tulley closed the public hearing.<br />
Motion:<br />
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Member Pritchett moved to approve Resolution No. 21-20<strong>11</strong> as recommended. Vice-<br />
Mayor Johnson seconded the motion.<br />
<strong>The</strong> roll call was:<br />
Member Burson<br />
Member Pritchett<br />
Vice-Mayor Johnson<br />
Mayor Tulley<br />
Member Long<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
Yes<br />
<strong>The</strong> motion carried unanimously.<br />
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ORDINANCE-FIRST READING - None<br />
xxx<br />
OLD BUSINESS<br />
<strong>City</strong> Participation In <strong>The</strong> North Brevard County Economic Development Zone - <strong>City</strong><br />
Manager Ryan advised the <strong>City</strong> <strong>Council</strong> held a workshop with the Chairman <strong>of</strong> the Board<br />
<strong>of</strong> the County Commissioners, District 1 Commissioner Robin Fisher, regarding the<br />
proposed Economic Development Zone. Presented at that workshop was what the<br />
County Commission had adopted as <strong>of</strong> May 24, 20<strong>11</strong>. <strong>The</strong>re would be a final public<br />
hearing before the County Commissioners on July 12, 20<strong>11</strong>.<br />
<strong>The</strong> recommended action was to approve the following:<br />
• Approve the <strong>City</strong>’s participation in the North Brevard County Economic<br />
Development Zone (NBCEDZ) and direct staff to move forward with the<br />
appropriate resolution and ordinance necessary to participate in the NBCEDZ<br />
consistent with the staff recommendation.<br />
• Authorize the <strong>City</strong> Manager to send a letter notifying the Property Appraiser <strong>of</strong><br />
the <strong>City</strong>’s intent to participate in the NBCEDZ.<br />
• Authorize elected <strong>of</strong>ficials and staff to address the County Commission indicating<br />
the <strong>City</strong>’s approval to participate in the NBCEDZ.<br />
Member Burson asked whether the level <strong>of</strong> participation could be altered if needed in the<br />
future.<br />
<strong>City</strong> Attorney Severs advised it could be modified or altered if needed. <strong>The</strong> only<br />
provision would be if the <strong>City</strong> participated in bonding that required a commitment for the<br />
life <strong>of</strong> that bond, the <strong>City</strong> had to maintain that level <strong>of</strong> funding.<br />
Mayor Tulley opened the public hearing.<br />
<strong>11</strong>
Matt Barringer believed in the truth and the intent <strong>of</strong> the proposal. In passing the<br />
proposal, he felt the <strong>City</strong> would hit on seven principals <strong>of</strong> government function that<br />
would be helpful to <strong>Titusville</strong>. He commented on support <strong>of</strong> government objectives and<br />
other challenges that faced communities and encouraged <strong>Council</strong> to approve the<br />
NBCEDZ.<br />
Mayor Tulley asked for clarification to the difference between this proposed Economic<br />
Development Zone and the <strong>City</strong>’s CRA.<br />
Planning and Growth Management Director Courtney Barker advised this proposal would<br />
be adopted under a specific statute that required different standards than CRA’s.<br />
William Bender advised he recently became unemployed, was looking for employment,<br />
and expressed it was important to do whatever possible to promote jobs. He was<br />
supportive <strong>of</strong> the NBCEDZ and would assist with this effort anyway he could.<br />
Mayor Tulley closed the public hearing.<br />
Mayor Tulley asked Planning and Growth Management Director Barker to highlight the<br />
rationale behind using new construction for the first five-years and more traditional tax<br />
increment financing (TIF) in succeeding years.<br />
Planning and Growth Management Director Barker highlighted as followed:<br />
• Traditional Tax Increment revenue streams would not provide sufficient (or any)<br />
funding to the NBCEDZ due to falling property values.<br />
• By only including new construction, some funding would be provided by the new<br />
construction tax increment dollars for the first year any new projects were assessed.<br />
• <strong>The</strong> General Fund would receive any increase in value for the project in the<br />
subsequent years.<br />
• <strong>The</strong> <strong>City</strong> would receive some revenue from new construction after the initial year was<br />
provided to the NBCEDZ<br />
Member Long advised she felt <strong>Council</strong> needed a full conceptual plan prior to approval.<br />
She alone had three pages <strong>of</strong> concerns including role and make-up <strong>of</strong> the special district<br />
board members, needing a written agreement with the County clarifying exactly what<br />
role the County and <strong>City</strong> would play and TIF funding.<br />
Planning and Growth Management Director Barker asked Member Long to submit all her<br />
concerns to staff and they would be glad to address them all.<br />
Member Burson would support having a special <strong>City</strong> <strong>Council</strong> meeting in order for staff to<br />
address any <strong>of</strong> <strong>Council</strong>’s concerns before making a decision on whether to approve<br />
NBCEDZ. She expressed concern with the appointment <strong>of</strong> the special district board<br />
members.<br />
12
<strong>City</strong> Manager Ryan clarified that in the latest draft version <strong>of</strong> the ordinance, the special<br />
district board would be composed <strong>of</strong> nine (9) members: three (3) members appointed by<br />
the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong>, three (3) members by the District 1 County Commissioner, and<br />
three (3) members appointed by the Board <strong>of</strong> County Commission with approval by the<br />
<strong>Titusville</strong> <strong>City</strong> <strong>Council</strong>. This would allow <strong>Council</strong> a say <strong>of</strong> 2/3rds in the decision <strong>of</strong> the<br />
board.<br />
Discussion ensued on the make-up and responsibilities <strong>of</strong> the special district board.<br />
<strong>City</strong> Attorney Severs summarized the request at that time was whether the <strong>City</strong> wanted to<br />
participate in the NBCEDZ, authorize a letter notifying the Property Appraiser <strong>of</strong> the<br />
<strong>City</strong>’s intent. Many details would still need to be worked out. A public hearing process<br />
would be required, inter-local agreements would need to be crafted, etc.<br />
District 1 County Commissioner Robin Fisher advised that from a personal standpoint the<br />
County Commission had agreed by a majority vote that the Commission wanted to help<br />
North Brevard and some Commissioners wanted to know whether North Brevard wanted<br />
to help themselves. <strong>The</strong> <strong>City</strong>’s vote would be an indication to those Commissioners how<br />
important this issue was to the North Brevard residents and people in the District.<br />
Commissioner Fisher clarified he hoped tonight that the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> would say yes<br />
they wanted to participate and at what level they wanted to participate. He advised he<br />
would have trouble with the make-up <strong>of</strong> the special district board as recommended at that<br />
time if the <strong>City</strong> chose not to participate that would allow the <strong>City</strong> a say <strong>of</strong> 2/3rds in the<br />
decision on how and where funds that came from unincorporated areas were spent for<br />
economic development. If the <strong>City</strong> chose not to participate, he would have to make a<br />
recommendation to modify the make-up <strong>of</strong> that board.<br />
Mayor Tulley asked Commissioner Fisher, if the <strong>City</strong> was willing to participate around<br />
the 40% level after the first five-years, would that level <strong>of</strong> agreement be sufficient for the<br />
County Commission to move forward on July 12, 20<strong>11</strong>.<br />
Commissioner Fisher clarified it would be sufficient to allow the County Commission to<br />
move forward.<br />
Discussion ensued.<br />
Motion:<br />
Vice-Mayor Johnson moved to approve the <strong>City</strong>’s participation in the North Brevard<br />
County Economic Development Zone (NBCEDZ) including directing staff to move<br />
forward with the appropriate resolution and ordinance necessary to participate in the<br />
NBCEDZ consistent with the staff recommendations and recommend 90% <strong>of</strong> the new<br />
construction <strong>of</strong> the beginning years 1 through 5 <strong>of</strong> the eligible increment or 90% <strong>of</strong> 95%,<br />
and approximately 40% <strong>of</strong> the remaining period <strong>of</strong> the increment over the base year.<br />
Authorize the <strong>City</strong> Manager to send a letter notifying the Property Appraiser <strong>of</strong> the <strong>City</strong>’s<br />
intent to participate in the NBCEDZ. Authorize elected <strong>of</strong>ficials and staff to address the<br />
County Commission indicating the <strong>City</strong>’s approval to participate in the NBCEDZ as<br />
13
ecommended. Member Pritchett seconded the motion. <strong>The</strong> motion carried<br />
unanimously.<br />
xxx<br />
<strong>Council</strong> recessed at 9:58 p.m. and reconvened at 10:06 p.m.<br />
NEW BUSINESS<br />
xxx<br />
Health Insurance Consulting Services – <strong>City</strong> Manager Ryan advised staff requested<br />
authorization to proceed with hiring a pr<strong>of</strong>essional employee benefits consulting firm,<br />
Robinson Bush, at a cost <strong>of</strong> $18,000 to report to staff and <strong>City</strong> <strong>Council</strong> options for<br />
containing health care costs as referred to as Option 3 outlined in the Pr<strong>of</strong>essional<br />
Benefits Consulting Services proposal for the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> and approve budget<br />
amendment request.<br />
Human Resource Director Joe Denaro advised <strong>City</strong> staff was in the process <strong>of</strong> identifying<br />
funding requirements and renewing the <strong>City</strong>’s partially self-insured healthcare program<br />
for FY 2012. <strong>The</strong> upcoming renewal <strong>of</strong> the <strong>City</strong>’s healthcare program, with an emphasis<br />
on Other Post Employment Benefits (OPEB) was discussed during the May 17, 20<strong>11</strong> <strong>City</strong><br />
<strong>Council</strong> special workshop. During that meeting, and as recommended by the Citizen’s<br />
Budget Advisory Committee, staff was directed to explore alternative costs to the current<br />
fully-insured Medicare Advantage Plan covering Medicare eligible retirees. Staff<br />
contacted several independent benefit consultants to assist in meeting that objective as<br />
well as other key activities during the healthcare renewal/budget process.<br />
Staff learned Brevard County Government solicited proposals for their fully insured plan<br />
for retirees eligible for Medicare. Staff learned that Robinson Bush, who currently<br />
provided consulting services to Brevard County Government and Public Schools, was<br />
assisting Brevard County Government with managing the proposal process for plans for<br />
retirees eligible for Medicare. This matter was timely because the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> was<br />
also interested in searching for alternative plans for Medicare eligible members thus<br />
presenting an opportunity for the <strong>City</strong> to partner with the County in the event that<br />
Brevard County made an award that was also beneficial to the <strong>City</strong>, and in that case the<br />
<strong>City</strong> would be interested in piggybacking Brevard County’s contract. Robinson and Bush<br />
submitted a proposal in the amount <strong>of</strong> $18,000 for their services.<br />
Jan Bush <strong>of</strong> Robinson Bush consulting firm advised the firm would like to work with the<br />
<strong>City</strong> <strong>of</strong> <strong>Titusville</strong> and staff to come up with analysis, ideas and recommendations on how<br />
the <strong>City</strong> might be able get the best value out <strong>of</strong> their important benefits including the<br />
retiree issues. Ms. Bush advised Robinson Bush specialized in working with large<br />
municipal or government agencies and were very aware <strong>of</strong> purchasing and procurement<br />
issues as well as the <strong>City</strong>’s decision-making needs. Ms. Bush provided background<br />
information on Robinson Bush and clarified the firm specialized in self-funded plans<br />
such as the <strong>City</strong>’s.<br />
<strong>14</strong>
Motion:<br />
Member Long moved to approve staff to proceed with hiring a pr<strong>of</strong>essional employee<br />
benefits consulting firm, Robinson Bush, at a cost <strong>of</strong> $18,000 to report to staff and <strong>City</strong><br />
<strong>Council</strong> options for containing health care costs as referred to as Option 3 outlined in the<br />
Pr<strong>of</strong>essional Benefits Consulting Services proposal for the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> and approve<br />
budget amendment request as recommended. Member Burson seconded the motion. <strong>The</strong><br />
motion carried unanimously.<br />
xxx<br />
Advisability To Amend Section 39-49, Land Development <strong>Reg</strong>ulations – <strong>City</strong> Manager<br />
Ryan advised staff was requesting advisability to proceed with the preparation <strong>of</strong> an<br />
ordinance amending Sec. 39-49 discussing street naming, specifically Sec. 39-49 (g) to<br />
read: (g) “Lane” shall be assigned to marginal access streets.<br />
This would eliminate the requirement that all private roads be assigned “Lane,” and staff<br />
had determined this requirement was unnecessary for public safety or any other purpose.<br />
<strong>The</strong> <strong>City</strong> currently had many public roads currently assigned “Lane,” and the issue had<br />
postponed the naming <strong>of</strong> streets at that time.<br />
Motion:<br />
Member Pritchett moved to approve staff to prepare an amendment amending Section 39-<br />
49 discussing street naming, specifically Section 39-49(g) to read: (g) “Lane” shall be<br />
assigned to marginal access streets as recommended. Vice-Mayor Johnson seconded the<br />
motion. <strong>The</strong> motion carried unanimously.<br />
xxx<br />
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) -<br />
None<br />
MAYOR AND COUNCIL REPORTS<br />
Mayor James H. Tulley, Jr. Report – Mayor Tulley provided a written report.<br />
xxx<br />
xxx<br />
Economic Development Commission Of <strong>Florida</strong> Space Coast – Mayor Tulley advised he<br />
attended the Economic Development Commission (EDC) Board meeting on June 1,<br />
20<strong>11</strong>. <strong>The</strong>re was a presentation on Simplified, Nimble, Accelerated Permitting (SNAP) a<br />
credential the EDC was handing out to municipal and county government based on their<br />
ability to do permitting more rapidly and efficiently. <strong>The</strong> EDC desired every<br />
municipality to be certified by the end <strong>of</strong> the year. <strong>The</strong> <strong>City</strong> submitted an application to<br />
SNAP, but only three municipalities passed the test at that time and the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong><br />
15
was not one <strong>of</strong> them. Mayor Tulley advised the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> had exceptional issues<br />
in the area <strong>of</strong> critical concern that fell outside SNAP criteria that slowed the permitting<br />
process down.<br />
<strong>City</strong> Manager Ryan advised the <strong>City</strong> would work hard to get SNAP certified even though<br />
the <strong>City</strong> <strong>of</strong> <strong>Titusville</strong> had certain issues that were unique, such as the area <strong>of</strong> critical<br />
concern.<br />
xxx<br />
Culture Builds Communities Workshop, Tampa, <strong>Florida</strong> – June 3, 20<strong>11</strong> – Mayor Tulley<br />
advised Economic Development Director Matt Chesnut and himself participated in the<br />
workshop. One <strong>of</strong> the main focus areas was “Arts and Culture in the Downtown” and<br />
was very informative. Economic Development Director Chesnut would be providing the<br />
<strong>City</strong> Manager some possible initiatives to start in conjunction with “Greater <strong>Titusville</strong><br />
Renaissance”.<br />
<strong>City</strong> Manager Ryan advised at the <strong>Florida</strong> League <strong>of</strong> Cities Conference in August 20<strong>11</strong>,<br />
“Culture Builds Communities” would be one <strong>of</strong> the sessions at the conference. He would<br />
inquire at that Conference about having that presentation brought to Brevard County.<br />
xxx<br />
North Brevard Commission On Parks And Recreation – <strong>Council</strong> Member Rita Pritchett –<br />
Member Pritchett advised the Gibson Gym would now be called the Gibson Youth<br />
Center. She advised that no contracts has had been signed yet, but things were moving<br />
forward.<br />
xxx<br />
Member Pritchett brought before the North Brevard Commission on Parks and<br />
Recreation (NBPR) the idea <strong>of</strong> bikers having their own area to be able to jump their<br />
bikes. <strong>The</strong> NBPR suggested two options:<br />
(1) If the bikers were able to raise funding, they could use the concrete area <strong>of</strong> the<br />
old skateboard park at Sandpoint Park until the master plan came into being.<br />
(2) <strong>The</strong>re was a parcel <strong>of</strong> land on Singleton Avenue were a pit could be dug and then<br />
clay added for skateboarders.<br />
xxx<br />
North Brevard County Hospital District Board – Member Long advised the North<br />
Brevard County Hospital District Board (NBHDB) was concerned about the maintenance<br />
<strong>of</strong> the mediums on US 1. She would advise them the <strong>City</strong> now had a contract for the<br />
maintenance and hopefully the appearance would improve.<br />
16
Member Long advised she was unable to report back to <strong>Council</strong> on hospital activities as<br />
she is only present in the board meetings for approximately ten <strong>minutes</strong> and the report<br />
that the NBHDB provided her was medical oriented. She asked whether the <strong>Council</strong> had<br />
certain questions they would like her to ask the NBHDB. <strong>The</strong> NBHDB would continue<br />
to provide a semi-annual report every six months.<br />
xxx<br />
Motion:<br />
Vice-Mayor Johnson moved to extend the meeting 30 <strong>minutes</strong>. Member Long second the<br />
motion. <strong>The</strong> motion carried unanimously.<br />
xxx<br />
Space Coast League Of Cities – Member Long – Member Long advised Mayor Tulley<br />
and herself attended the Space Coast League <strong>of</strong> Cities meeting on June 13, 20<strong>11</strong>. <strong>The</strong><br />
speakers were Representative Ritch Workman, Representative Tom Goodson, and<br />
Senator Thad Altman. Member Long advised that on July 23, 20<strong>11</strong>, there would be<br />
delegation in Brevard County at Viera to discuss redistricting. Input on redistricting<br />
could be given on the website www.floridaredistricting.com .<br />
CITY MANAGER’S REPORT<br />
xxx<br />
<strong>City</strong> Manager’s Report - <strong>City</strong> Manager Ryan submitted his written report and highlighted<br />
the following action items:<br />
<strong>Florida</strong> League <strong>of</strong> Cities 85 th Annual Conference, August <strong>11</strong>-13, 20<strong>11</strong><br />
<strong>The</strong> <strong>Florida</strong> League <strong>of</strong> Cities would hold their 85 th Annual Conference on August <strong>11</strong>-13,<br />
20<strong>11</strong> at the World Center Marriott in Orlando. It would be necessary to determine which<br />
member or members would be attending that conference. Following that determination,<br />
staff would submit the required registration for the applicable members.<br />
At the previous <strong>City</strong> <strong>Council</strong> Meeting, <strong>City</strong> Manager Ryan provided <strong>Council</strong> a copy <strong>of</strong> a<br />
request from the <strong>Florida</strong> League <strong>of</strong> Cities requesting any resolutions to be submitted to<br />
the convention delegates for adoption during the conference.<br />
Based on his current designation, Mayor Tulley would attend the <strong>Florida</strong> league <strong>of</strong> Cities<br />
85 th Annual Conference on August <strong>11</strong> – 13, 20<strong>11</strong>. Mayor Tulley encouraged other<br />
<strong>Council</strong> members to attend.<br />
xxx<br />
Request by Brevard County Parks and Recreation to Defer the Submittal <strong>of</strong> the Proposed<br />
FY 2012 Proposed Budget - <strong>City</strong> Manager Ryan advised the Brevard County Parks and<br />
17
Recreation Department was requesting to defer the submittal <strong>of</strong> the FY 2012 proposed<br />
budget in order to obtain tax rolls and other information from the Property Appraiser.<br />
Motion:<br />
Member Pritchett moved to approve Brevard County Parks and Recreation’s request to<br />
defer the submittal <strong>of</strong> the FY 2012 Proposed Budget as requested. Vice-Mayor Johnson<br />
seconded the motion. <strong>The</strong> motion carried unanimously.<br />
xxx<br />
Advisability to Proceed with an Ordinance Amending Codes Related to Accessory<br />
Structures – <strong>City</strong> Manager Ryan advised Section 59-32 <strong>of</strong> the Land Development<br />
<strong>Reg</strong>ulations provided the various rules and regulations for governing and were included<br />
in the agenda package.<br />
Staff had become aware <strong>of</strong> an issue relative to the setbacks for accessory buildings and<br />
structures, particularly when the side <strong>of</strong> a lot abuts the rear <strong>of</strong> another lot. In that case,<br />
the side setback for the first lot for an accessory structure was ten feet, while the setback<br />
on the rear lot line for the abutting lot’s accessory structure was five feet. Staff was in<br />
the process <strong>of</strong> revising the residential zoning sections <strong>of</strong> the code, and would be starting<br />
with that section. Staff was seeking advisability for examination <strong>of</strong> that issue and prepare<br />
a recommended amendment to Section 59-32 to address that issue and any others that<br />
staff felt appropriate.<br />
Mayor Tulley advised he would abstain from voting on any discussion related to this<br />
item. He clarified he had brought this issue to staff’s attention and lived on one <strong>of</strong> the<br />
lots that had a side yard facing the back yard line <strong>of</strong> other properties. If <strong>Council</strong> passed<br />
an amendment to Section 59-32, he would possibly benefit from it.<br />
Member Long asked whether staff was aware <strong>of</strong> other similar issues in the <strong>City</strong>.<br />
Planning and Growth Management Director Barker advised when staff became aware <strong>of</strong><br />
issues, they looked at their maps and found there were many other similar issues. Staff<br />
recognized Section 59-32 was outdated.<br />
Motion:<br />
Member Long moved to approve advisability for staff to proceed with an ordinance<br />
amending code section 59-32 related to Accessory Buildings and Structures and any other<br />
sections staff felt was appropriate to address as requested. Vice-Mayor Johnson<br />
seconded the motion. <strong>The</strong> motion carried 4-1 with Mayor Tulley abstaining.<br />
xxx<br />
<strong>City</strong> Manager Ryan highlighted the following information item:<br />
Informational Items<br />
18
• FY 20<strong>11</strong>/2012 Final CDBG/Home Allocations<br />
• Extension <strong>of</strong> Hours <strong>of</strong> Sale <strong>of</strong> Alcoholic Beverages on Sundays<br />
• Receipt <strong>of</strong> the Preliminary Estimated Taxable Values<br />
• National Flood Insurance Community Rating System<br />
• 2010 Census<br />
• Red, White, and Boom Over North Brevard<br />
xxx<br />
Mayor Tulley advised the <strong>City</strong> Manager would be hosting a small reception for retiring<br />
Water Resource Director Raynetta Marshall on Thursday, June 16, 20<strong>11</strong> and hoped<br />
<strong>Council</strong> Members would attend.<br />
CITY ATTORNEY’S REPORT<br />
xxx<br />
<strong>City</strong> Attorney’s Report - <strong>City</strong> Attorney Severs provided a written report.<br />
Deputy <strong>City</strong> Attorney Broome highlighted as followed:<br />
<strong>Florida</strong> Bar Rule 4-4.2 “No Contract Rule”<br />
On December 10, 2010, the <strong>Florida</strong> Bar Board <strong>of</strong> Bar Governors adopted Ethics Opinion<br />
09-1. <strong>The</strong> Opinion concluded that a lawyer may not communicate with government<br />
<strong>of</strong>ficers, directors or employees who were directly involved or whose acts may be<br />
imputed to the governmental entity in a represented nature about the subject matter <strong>of</strong> the<br />
representation. <strong>The</strong> fundamental principle underlying Rule 4-4.2 entitled,<br />
“communication with persons represented by counsel” commonly known as the “No<br />
Contact Rule” was that a lawyer may not communicate with the represented person<br />
without the consent <strong>of</strong> the other person’s lawyer. <strong>The</strong> stated rationale behind that rule<br />
was to prevent interference with attorney/client relationship and to prevent a lawyer from<br />
persuading a represented person to act or make statements, disclosures or taking a<br />
position contrary to the government’s interest.<br />
<strong>The</strong> Opinion concluded that an attorney must obtain the consent <strong>of</strong> the governmental<br />
lawyer prior to communicating with the governmental <strong>of</strong>ficers, directors or managers, as<br />
well as employees who were directly involved in the matter. <strong>The</strong> bar or prohibition<br />
extends to public <strong>of</strong>ficers or employees whose acts or omissions were imputed to the<br />
agency.<br />
<strong>The</strong> Ethics Opinion cautioned lawyers that communicating directly with governmental<br />
<strong>of</strong>ficers and employees on matters unrelated to specific legal representation must not be<br />
used as a vehicle to evade requirements <strong>of</strong> obtaining consent by “closing eyes to the<br />
obvious”.<br />
19
It was important to note that when a matter was in litigation, that prior Ethics Opinions<br />
have concluded that public records requests from an attorney must be made through the<br />
government attorney. <strong>The</strong> obvious intent <strong>of</strong> the Ethics ruling was to preserve the<br />
attorney/client relationship. It was important to stress that when matters come before the<br />
<strong>City</strong> <strong>Council</strong> or issues would be reviewed by the <strong>City</strong> Attorney’s Office, or decisions<br />
were made and communications occur with a private attorney that may bind the <strong>City</strong> or<br />
commit the <strong>City</strong> to a certain course <strong>of</strong> action, that early in the process, the Ethics rules<br />
contemplate that the government attorney would be notified and informed <strong>of</strong> the intended<br />
meeting or communication.<br />
xxx<br />
Action Item:<br />
Deputy <strong>City</strong> Attorney advised staff requested authorizing for the preparation <strong>of</strong> ordinance<br />
repealing Sections 12-2, 12-3, 12-4, 12-5 and 12-6 <strong>of</strong> the Code <strong>of</strong> Ordinances:<br />
Firearms Legislation: <strong>The</strong> <strong>Florida</strong> Legislature during the last Legislative Session adopted<br />
Senate Bill 402 that clarified and reiterated the preemption <strong>of</strong> the State to the entire field<br />
<strong>of</strong> regulation <strong>of</strong> firearms and prohibited local ordinances or administrative regulations<br />
regulating the field <strong>of</strong> firearms and ammunitions including the purchase, sale, transfer,<br />
taxation, manufacture, ownership, possession, storage and transportation. Based upon a<br />
conversation with the Attorney General’s Office, it appeared as if the <strong>City</strong> should<br />
consider processing the repeal <strong>of</strong> Sections 12-2, 12-3, 12-4, 12-5 and 12-6 <strong>of</strong> the Code <strong>of</strong><br />
Ordinances. Those sections provide the following:<br />
Section 12-2. - Discharging firearms.<br />
Section 12-3. - Firearms—Sales to minors.<br />
Section 12-4. - Same—Relinquishment <strong>of</strong> possession to minors.<br />
Section 12-5. - Same—Penalty for violation.<br />
Section 12-6. - Same—Civil liability for violation.<br />
Even though the preemption related to the purchase, sale, transfer, etc., and did not<br />
expressly provide for preemption for discharge <strong>of</strong> firearms, it appeared, based upon the<br />
interpretation <strong>of</strong> the Attorney General’s Office, that it would be appropriate to repeal<br />
those ordinances.<br />
Based upon previous opinions from the Attorney General’s Office, it would be<br />
anticipated that the interpretation would continue by the Attorney General’s Office that<br />
the entire field <strong>of</strong> regulations <strong>of</strong> firearms was preempted by the State <strong>of</strong> <strong>Florida</strong>.<br />
Motion:<br />
Member Pritchett moved to authorize staff to prepare an ordinance repealing Code <strong>of</strong><br />
Ordinances Sections 12-2 - Discharging firearms, Section 12-3 - Firearms-Sales to<br />
20
minors, Section 12-4 – Same-Relinquishment <strong>of</strong> possession to minors, Section 12-5 –<br />
Same-Penalty for violation and Section 12-6 – Same-Civil liability for violation as<br />
recommended. Member Long seconded the motion. <strong>The</strong> motion carried unanimously.<br />
xxx<br />
Member Long clarified the meeting at Viera to discuss redistricting would be on July 28,<br />
20<strong>11</strong> at 9:00 a.m. at Viera.<br />
xxx<br />
With no further business, the meeting adjourned at 10:50 p.m.<br />
ATTEST:<br />
______________________________<br />
James H. Tulley, Jr., Mayor<br />
______________________________<br />
Wanda F. Wells, <strong>City</strong> Clerk<br />
21