City Council Meeting (2025-05-27)

Page 1 of 32 City Council Regular Meeting May 27, 2025 The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, May 27, 2025. Mayor Connors called the City Council meeting to order at 6:45 p.m., not 6:30 p.m., due to the Council presentations meeting at 5:30 p.m. ran late. Present were Mayor Andrew Connors, Vice-Mayor Herman A. Cole, Jr., Col USAF Retired, and City Council Members Jo Lynn Nelson, Megan Moscoso, and Dr. Sarah Stoeckel. Also present were Interim City Manager Tom Abbate, Interim City Attorney Chelsea Farrell, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. Pastor Blaine Gaudette from the First Baptist Church of Indian River City was not present; therefore, Mayor Connors requested a moment of silence. Mayor Connors then led those present in the Pledge of Allegiance to the Flag. City Clerk Wells read the procedures for public participation. xxx APPROVAL OF MINUTES Motion: Member Nelson moved to approve the minutes of the regular City Council meetings on April 8, 2025 and April 22, 2025 (6:30 p.m.), as submitted. Vice-Mayor Cole seconded the motion and it carried unanimously. xxx SPECIAL RECOGNITIONS & PRESENTATIONS – None. xxx BOARDS AND COMMISSIONS Titusville Housing Authority – The request was to appoint two (2) regular members to the Titusville Housing Authority with terms to expire on May 31, 2029. Members were appointed by the Mayor with the approval of the City Council. Current incumbents (City appointees) Michael Van Heusen and Mary Polk had expressed their willingness to continue serving on the board. An additional application was also on file from Edna Wilson for the Council’s consideration.

Regular Meeting May 27, 2025 Page 2 of 32 Edna Wilson commented on behalf of her board application. She advised that she was a real estate broker and desired to find housing solutions for the community. Mayor Connors discussed and distributed the current incumbents’ attendance history at Titusville Housing Authority board meetings from April 30, 2024 through April 29, 2025. Based on this information, Mayor Connors desired to appoint Michael VanHeusen and Edna Wilson to the board. Motion: Member Nelson moved to reappoint Regular Member Michael Van Heusen and appoint Edna Wilson as regular members of the Titusville Housing Authority for four-year terms to expire on May 31, 2029. Vice-Mayor Cole seconded the motion and it carried unanimously. xxx Titusville Environmental Commission (TEC) - Leave of Absence – The request was to approve Titusville Environmental Commission (TEC) Regular Member Michael Myjak's request for a four- month leave of absence from TEC meetings for the months of July through October 2025. Toni Shifalo supported the request for reasons she explained, which included and discussed Mr. Myjak’s vast knowledge of environmental issues or topics and his ability to run the TEC meetings well, Mr. Myjak was computer savvy, and would be staying abreast of the TEC’s agenda and/or meetings during his leave of absence, etc. Stan Johnston supported the request. He felt Mr. Myjak needed a break for reasons he explained. He also commented on his concerns for children playing in water that may be contaminated with sewage, preparing for upcoming TEC meetings where he would share more of his concerns, his dissatisfaction with the City for actions taken during a prior sewer spill, etc. Motion: Member Moscoso moved to approve the request for Titusville Environmental Commission (TEC) Regular Member Michael Myjak for a four-month leave of absence from TEC meetings for the months of July through October 2025, as requested. Vice-Mayor Cole seconded the motion. Mayor Connors commented on reasons why prior Councils may have approved allowing Mr. Myjack to take a leave of absence(s) in prior years. He felt conditions may have changed and there were citizens presently willing to serve on the TEC. Mayor Connors advised that he had contacted all of the chairpersons of the City’s various boards to learn more about the boards, but he had not been successful or able to meet with the TEC Chairperson. Mayor Connors felt City advisory boards were important and he was putting in the effort to connect and learn more about the TEC.

Regular Meeting May 27, 2025 Page 3 of 32 The roll call vote was: Member Moscoso Yes Member Nelson Yes Mayor Connors No Vice-Mayor Cole Yes Member Stoeckel Yes The motion carried, 4-yes to 1-no, with Mayor Connors in objection. xxx Motion: Vice-Mayor Cole moved to relocate Council Agenda Item No. 7 - Petitions and Requests from the Public Present (Non-Agenda Items) following Agenda Item No. 16 – City Attorney’s Report. Member Stoeckel seconded the motion for discussion. Member Stoeckel briefly discussed formal meeting rules with Interim City Attorney Farrell and she confirmed that City Council could relocate Agenda Item No. 7 elsewhere on the meeting agenda. Member Moscoso did not support the proposed motion, due to there were citizens and constituents in the audience that came to the Council meeting in time to speak under the first of two opportunities to speak under Petitions and Requests from the Public Present (Non-Agenda Items). Mayor Connors indicated that Council meetings were business meetings and the idea was to efficiently get through or handle the items on the Council agenda. Member Nelson understood the idea of handling or getting as many business items as possible out-of-the way and for this reason, she suggested making a change to Council’s formal rules and relocate the first Petitions and Requests from the Public Present following Consent Agenda. Mayor Connors called for the vote. Additionally, Mayor Connors indicated the Council would not hear from individuals that desired speaking on the pending motion (presently on the floor), due to it being procedural in nature. The roll call vote was: Member Nelson No Mayor Connors Yes Vice-Mayor Cole Yes Member Stoeckel Yes Member Moscoso No The motion carried, 3-yes to 2-no, with Members Nelson and Moscoso in objection. xxx

Regular Meeting May 27, 2025 Page 4 of 32 PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – The Council relocated this agenda item following Agenda Item No. 16 – City Attorney’s Report. xxx CONSENT AGENDA Interim City Manager Abbate read the Consent Agenda Items A through D, as followed: A. Emergency Purchase Order - Fire Apparatus - Approve the emergency purchase of a fire apparatus in an amount not to exceed $1.2 million, authorize the City Manager to execute all necessary agreements and documents associated with the purchase, and approve the associated Budget Amendment. B. Use of City of Orlando Contract IFB23-0119 for Sidewalk Inspection, grinding, removal & repair services - Approve piggyback use of City of Orlando Contract IFB23-0119 for Sidewalk Inspection, grinding, removal & repairs awarded to American Grinding Company, LLC d/b/a American Sidewalk Management with an estimated annual expenditure of $181,000, and authorize the City Manager to issue the purchase order. C. Area II & III Wellfield Rehabilitation Agreement with AMPS, Inc. - Authorize the piggyback of contract #IFB40-0-2022/SM between the City of Palm Bay and AMPS, Inc. for Area II & III Wellfield rehabilitation work to conduct inspections and rehabilitation work as needed not to exceed $100,000 annually and authorize the Mayor to execute piggyback contract. In addition, approve the addition of Aquifer Maintenance Performance Systems, Inc. dba AMPS, Inc. to the Vendor of Record. D. Advisability - Consideration of Options for the Reallocation of Former North Brevard Economic Development Zone (NBEDZ) Tax Increment Financing (TIF) Contributions for Economic Development Purposes - Request advisability from City Council to direct staff to explore and present options for the strategic reallocation of Tax Increment Financing (TIF) funds formerly contributed to the North Brevard Economic Development Zone (NBEDZ) following the dissolution of the NBEDZ by Brevard County. Edna Wilson submitted a public speaking card on Consent Agenda Item No. D. She commented on reasons why she was neutral on the request. This included a story of her taking an individual around town and explaining the contributions provided by the NBEDZ, the importance of attracting new business, etc. Jessie Wright submitted a public speaking card on Consent Agenda Item No. D. He commented on reasons why he supported the request. He also commented on the County Commission’s recent vote to discontinue the NBEDZ, the importance of attracting new businesses, his desire for the City to continue promoting and incentivizing economic development, etc.

Regular Meeting May 27, 2025 Page 5 of 32 Stan Johnston submitted a public speaking card on Consent Agenda Item Nos. A, C, and D. He commented on reasons why he was neutral (neutral was indicated on his public speaking card) and/or opposed to each of these agenda items. He expressed concerns that the City was engaging in illegal activities, he did not support the agenda items and/or the activities coming from the Fire and Water Resources (Public Works) Departments, etc. Member Nelson desired discussing Consent Agenda Item No. A - Emergency Purchase Order - Fire Apparatus and a City vehicle or fire truck that was t-boned in an accident. Insurance proceeds would cover the repairs costs from the accident. It would take approximately one year to make the repairs to the damaged truck. The City needed another truck in service in the interim. Member Nelson also desired discussing Consent Agenda Item No. D - Advisability - Consideration of Options for the Reallocation of Former North Brevard Economic Development Zone (NBEDZ) Tax Increment Financing (TIF) Contributions for Economic Development Purposes. She requested and desired whether Interim City Manager Abbate could facilitate inviting representatives from the Space Coast Economic Development Commission (EDC) to a Council meeting and provide a presentation on their plans for north Brevard County. Mayor Connors provided additional information on economic development. Motion: Member Nelson moved to approve Consent Agenda Item Nos. A through D, in accordance with the recommendations. Vice-Mayor Cole seconded the motion and it carried unanimously. xxx ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION Ordinance No. 18-2025 Updating Impact Fees for Water and Sewer – Interim City Attorney Farrell read Ordinance No. 18-2025 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVISING, MODIFYING, AND AMENDING CHAPTER 34 “PROCEDURES” TO INCREASE IMPACT FEES FOR WATER AND SEWER, SPECIFICALLY AMENDING SECTIONS 34-421 “IMPACT FEE INTENT”, 34-423 “IMPOSITION OF IMPACT FEES”, 34- 428 “USE OF FUNDS (IMPACT FEE), 34-440 “IMPACT FEE INTENT”, 34-441 “SEWER IMPACT FEES”, 34-442, “WATER CHARGES; METER DEPOSITS; REFUNDS” AND CREATING 34-443 EARMARKING REQUIREMENT, AND CLARIFYING WATER AND SEWER IMPACT FEES AS CONNECTION FEES AND PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; AN EFFECTIVE DATE; AND INCORPORATION INTO THE CODE, for the second time by title only. Public Works Director Kevin Cook highlighted information from a professional impact fee study presented to Council approximately 6-weeks ago. He also commented on staff advertising the proposed ordinance(s) hearing date on the citizens’ water bills and for the water and sewer impact fee increases and implementation during 2025 and 2026 (if approved). The increases were approximately 6% on water and 12% on sewer.

Regular Meeting May 27, 2025 Page 6 of 32 Mayor Connors opened the public hearing. Stan Johnston advised that he was a professional engineer formerly employed by the City. He was opposed to what was going on in the Water Resources (Public Works) Department, including sewer. He felt the City was wasteful with funding services or infrastructure related to wellfields, stormwater, the Area of Critical Concern, and he felt the City needed to make corrections without the proposed ordinance and impact fee increases. Mr. Johnston referenced a 1985 freshwater management study that discussed the Geisen Hershberg Principle, construction of dams, information that he felt was invalid, certain dams being illegal or not approved by the Federal Emergency Management Agency (FEMA), concerns for flooding, etc. As there were no additional persons that wished to speak, the public hearing was closed. Motion: Member Nelson moved to approve Ordinance No. 18-2025 updating the impact fees for water and sewer, as recommended. Vice-Mayor Cole seconded the motion and the roll call vote was: Mayor Connors Yes Vice-Mayor Cole Yes Member Stoeckel Yes Member Moscoso Yes Member Nelson Yes The motion carried unanimously. xxx Ordinance No. 19-2025 Updating Impact Fees for Police, Fire, City Hall and Public Works – Interim City Attorney Farrell read Ordinance No. 19-2025 – AN ORDINANCE AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVISING, MODIFYING, AND AMENDING CHAPTER 34 “PROCEDURES” TO ADJUST IMPACT FEES FOR POLICE, FIRE, CITY HALL, AND PUBLIC WORKS, SPECIFICALLY AMENDING SECTIONS 34-421 “IMPACT FEE INTENT”, 34-423 “IMPOSITION OF IMPACT FEES”, AND 34-424 “COMPUTATION OF IMPACT FEES”, AND PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; AN EFFECTIVE DATE; AND INCORPORATION INTO THE CODE, for the second time by title only. Public Works Director Cook highlighted information previously provided by professional utility consultants at Raftelis, which provided that the impact fee for police impact fee(s) was going down next year and would hold for a 4-year period. The other impact fees for Fire, City Hall, and Public Works would increase and have a “four-year-roll-in” (phased-in implementation), due to the (total) amount of impact was, as followed: Police down by 7%, Fire up by 26%, City Hall up by 50%, and Public Works up by 32%.

Regular Meeting May 27, 2025 Page 7 of 32 Mayor Connors opened the public hearing. Stan Johnston commented on his Constitutional rights to discuss his concerns. He felt that Police, Fire, and Public Works were guilty of numerous crimes and violating laws that affected their budgets. He was concerned for dishonesty, corruption, and cover-ups, such as spraying women and children with sewage and saying it was okay. He advised that the City and its staff were supposed to be care-givers of the community, protectors of the public, provide protections, etc. Mr. Johnston requested reducing the budget and/or impact fees for the aforementioned departments and instead, investigate them and have them make corrections, as he explained. As there were no additional persons that wished to speak, the public hearing was closed. Motion: Member Nelson moved to approve Ordinance No. 19-2025 updating the impact fees for Police, Fire, City Hall, and Public Works, as recommended. Vice-Mayor Cole seconded the motion and the roll call vote was: Vice-Mayor Cole Yes Member Stoeckel Yes Member Moscoso Yes Member Nelson Yes Mayor Connors Yes The motion carried unanimously. xxx Sidewalk Waiver Ordinance – Interim City Manager Abbate highlighted the request provided in the Council agenda packet. Interim City Attorney Farrell read Ordinance No. 20-2025 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES RELATED TO WAIVERS TO SIDEWALK CONSTRUCTION REQUIREMENTS BY AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS”, SECTION 30-238 “ROAD AND SIDEWALK REQUIREMENTS” AND SECTION 30-239 “BICYCLE FACILITIES”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE, for the second time by title only. On May 7, 2025 meeting, the Planning and Zoning Commission recommended approval as presented, 7-0. Community Development Director Brad Parrish highlighted information from the Council agenda packet, prior Council discussions on the Sidewalk Trust Fund and proposed ordinance, amending the Code and its criteria on this subject, clarifying and redefining Code language and numerical calculation requirements, making it more clear or easier for staff to administratively apply the

Regular Meeting May 27, 2025 Page 8 of 32 Code (as authorized by the Council), the new and proposed Code language would be easier to apply than current Code language, options to the community if they did not qualify for an administrative waiver in these scenarios, the purpose of sidewalks was to create a cohesive network, if waiving criteria this should be extremely strict, the proposed regulations would not apply to arterial roads, but rather local roads, any remaining funds in the Sidewalk Trust Fund would be used as initially intended and until they ran out, etc. Mayor Connors opened the public hearing. Stan Johnston advised that he was a professional engineer and resident for 53 years. He had lived at residences with and without sidewalks. He was against stricter enforcement or rules. Instead, he advised the City had sidewalks that needed repairs; otherwise, the City could be sued if they were not repaired. Mr. Johnston advised that his neighbor fell backwards on the sidewalk, hit her head, and it was fatal. The City was not keeping up with sidewalk repairs and if more sidewalks were added, it was creating more responsibility. Mr. Johnston also gave an example of where the use of asphalt resulted in less problems and less long-term maintenance and asphalt lasted longer than concrete. He desired the City to cognitively think about these matters. Mr. Johnston was also unsure why there were sidewalks running along both sides of Tropic Street, etc. As there were no additional persons that wished to speak, the public hearing was closed. Motion: Member Nelson moved to approve Ordinance No. 20-2025 related to waivers of sidewalk construction, as recommended. Vice-Mayor Cole seconded the motion and the roll call vote was: Member Stoeckel Yes Member Moscoso Yes Member Nelson Yes Mayor Connors Yes Vice-Mayor Cole Yes The motion carried unanimously. xxx Synthetic Turf Ordinance – Interim City Manager Abbate highlighted the request provided in the Council agenda packet. Interim City Attorney Farrell read Ordinance No. 21-2025 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO PROVIDE STANDARDS REGULATING THE USE OF ARTIFICIAL TURF BY AMENDING SECTIONS 30-202 “STORMWATER MANAGEMENT PERMIT”, 30-321 “PLANT MATERIALS”, 30-323 “EXISTING VEGETATION”, AND 37-1 “DEFINITIONS”, AND CREATING SECTION 30- 325 “ARTIFICIAL TURF”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE, for the second time by title only.

Regular Meeting May 27, 2025 Page 9 of 32 On May 21, 2025, the Planning and Zoning Commission recommended approval with the following changes: in Section 30-325. Artificial Turf. Remove part (d) completely. Section 30- 325 Artificial Turf. (j) – This language should be changed to make this a conditional use instead of a variance going to the Board of Adjustments and Appeals. Section 30-321. Plant materials – (f) – remove from the language “when concealed from view from the adjacent right-of-way and consistent with the requirements of Section 30-325 “Artificial Turf”. Motion was approved with a 5 yes, 1 no vote. One member was opposed because they liked Section (j) as it was currently written. Mayor Connors opened the public hearing. Mike Boffo advised that a contractor installed artificial turf at his residence approximately 2 years ago. The turf had withstood storms, it did not pond, it was made in California, it passed all of the Environmental Protection Agency (EPA) standards, it was on the more expensive side, etc. The type of turf used at his residence should stand as an example as the type of artificial turf that should be installed or required, rather than artificial turfs of lesser quality. Mr. Boffo further commented on the State Legislature making allowances for artificial turf in Florida, 15 baseball fields in Viera used artificial turf, understanding impacts to water systems, items that were higher in priority, etc. Matt Boffo commented on all the ways stormwater runoff and other systems had negatively impacted the lagoon, the State Legislature adopting law allowing the use of artificial turf, artificial turf did not require pesticides or fertilizers for maintenance purposes, addressing concerns for materials that were not recyclable, his experience in recycling indicated artificial turf could be recycled properly and re-ground, taking these and all items in consideration, using Florida friendly vegetation in the landscape, etc. Toni Shifalo read from a prepared statement that discussed synthetic turf was bad, the State Legislature showed hate for residents by adopting legislation that would harm the environment and people, while aiding and abetting the developers and their tangent industries, City staff wrote an ordinance that complied with the State’s synthetic turf laws, but which stood strong against any other plastic plant materials. In short, she did not like artificial turf and one of the Planning and Zoning Commission’s recommendations on visibility. Ms. Shifalo advised the cons negated the effects, applicants would claim the turf did not contain harmful or persistent chemicals, artificial turf would deteriorate over time, her recommendation to make the process of using synthetic turf as difficult as possible, etc. Stan Johnston advised that he was a veteran concerned for the Constitution, due process, and ex post facto (retroactive) actions previously addressed by the Board of Adjustments and Appeals on synthetic turf. He expressed concerns on whether the proposed ordinance or subject was an example of ex post facto, whether persons would suffer by the decisions that were made, etc.

Regular Meeting May 27, 2025 Page 10 of 32 Motion: Member Nelson moved to hear from an additional individual that submitted a public speaking card during the public hearing. Member Stoeckel seconded the motion and it carried unanimously. Christina Michelle displayed a sign and faced it toward the Council. She read from a prepared statement that discussed her concerns for strict, controlling, colonial, political and economic policies, and positions (status), with the goal of maintaining power. Colonists were motivated by personal economic goals. Ms. Michelle expressed concerns about non-disclosure agreements (NDA) that protected information, trade secrets, business plans, client data, created legal consequences, etc. She advised her comments would soon address artificial turf. Ms. Michelle also stated the name of a recently deceased person. Additionally, she continued and expressed a desire for installing people that would not restrict access to information, growth, or development, and at the same time love and protect people, etc. She further commented on her desire for personal safety and physical safety (indicated) for the community, etc. Mayor Connors took a recess (break) at 7:42 p.m. At 7:45 p.m., he called the meeting back to order. Motion: Member Nelson moved to hear from an additional individual during the public hearing. Member Moscoso seconded the motion and it carried unanimously. Michael Myjak commented on the State preempting the City’s ability to not allow artificial turf. He felt artificial turf was not good for the environment and public health. One day in the future, artificial turf would end-up or be placed in lined landfills and there were concerns on the material breaking down over time, leaching, combining with water or other fluids, and any unintended consequences that resulted in the future. My Myjak also discussed a study conducted by the New York Times newspaper on artificial turf, the purchase cost estimated at $10,000, proper installation, use of the turf for 10-years (as an example) and his desire for residents to instead spend $1,000 per year to plant native landscaping. Additionally, Mr. Myjak supported making the process to install artificial turf in the City as difficult as possible, etc. As there were no additional persons that wished to speak, the public hearing was closed. Community Development Director Parrish highlighted information that began on page no. 384 of the Council agenda packet, as followed: • The standards for allowing artificial turf • Corrections made to clarify it was for single family lots and not any particular development • A legislative bill awaiting signature by Florida’s Governor. The bill would not become effective until the Department of Environmental Protection (DEP) created rules • Local regulations were proposed in the interim, only so that the City would have some standards in place • Locations and materials in the proposed ordinance were limited

Regular Meeting May 27, 2025 Page 11 of 32 • Maintenance • Standards adopted by other cities or public agencies borrowed and proposed in the ordinance Member Stoeckel and staff discussed her questions and viewpoints on of the Planning and Zoning Commission’s (P&Z) recommendations, as followed: • Code Section 30-325 Artificial Turf. (j). The language should be changed to make this a conditional use instead of a variance going to the Board of Adjustments and Appeals (BAA). Staff did not support for reasons explained. Instead, the proposed ordinance would provide rules and guidance in the City’s Codes for the use of artificial turf, but if an applicant found that they could not meet some of the rules, they could file a variance request to be considered by the Board of Adjustments and Appeals (BAA) • Code Section 30-325. Artificial Turf. Remove part (d) completely. Member Stoeckel did not support for reasons explained • Code Section 30-325 Artificial Turf. (j). Member Stoeckel did not support for reasons explained • Code Section 30-321. Plant materials – (f). Remove from the language “when concealed from view from the adjacent right-of-way and consistent with the requirements of Section 30-325 “Artificial Turf”. Member Stoeckel felt this was not clear as written and she did not think the recommendation was necessary Member Nelson discussed the following: • She did not like artificial turf period • A potential scenario where it may take the Florida Department of Environmental Protection (DEP) 5 years to come up with standards and whether the City should develop rules now or wait • She felt it was important for the City to have some standards in place for the time being Staff drew attention to page no. 385 of the Council agenda packet and paragraph no. Q. Discussion ensued on whether to require a separate permitting process for artificial turf, which staff did not recommend for reasons explained. Similar to other Code regulations in City Codes that depended on the “honor system” rather than the City conducting inspections as work was completed, residents or property owners of single family lots would be required to meet the Code criteria for artificial turf and if Code violations were later discovered, they would have to be corrected. Motion: Member Nelson moved to approve Ordinance No. 21-2025 regarding synthetic turf. Vice-Mayor Cole seconded the motion. City Clerk Wells requested clarification on whether the intent was to approve the ordinance with any conditions. Member Nelson indicated approval of the ordinance included the recommendations proposed by staff. Approval did not include changes made by the Planning and Zoning Commission.

Regular Meeting May 27, 2025 Page 12 of 32 The roll call vote was: Member Moscoso Yes Member Nelson Yes Mayor Connors Yes Vice-Mayor Cole Yes Member Stoeckel Yes The motion carried unanimously. xxx Conditional Use Permit (CUP) No.1-2025 - 5195 South Washington Avenue – Interim City Manager Abbate highlighted the request provided in the Council agenda packet. Staff recommended approval of CUP Application No. 1-2025 to allow a childcare facility at 5195 South Washington Avenue consistent with the approved concept plan along with the following condition recommended by staff: (1) A photometric lighting plan shall be submitted demonstrating that exterior lighting was fully shielded and designed to prevent glare or spillover onto adjacent single- family residential properties. On May 21, 2025, the Planning and Zoning Commission recommended approval 6-0. Interim City Attorney Farrell read and reviewed the Quasi-judicial rules of procedure with the Council. Community Development Director Parrish highlighted information from the Council agenda packet that began on page no. 430 and one condition recommended by staff concerning a photometric lighting plan. Staff advised the property was already developed and the applicant would be required to adhere to the conditions of approval (if approved), in order to obtain a business tax receipt from the City. The concept plan for the project would govern the childcare facility or property, if the requested Conditional Use Permit (CUP) was approved, along with any conditions of approval would be required to be met. Additionally, staff distributed information to Council. Mayor Connors opened the public hearing. Darin Williams requested Council’s approval. He discussed his personal history as a youth in Titusville, growing into a scholar and/or professional, involvements in community programs, positive interactions with prior and current City officials, becoming a parent, personal and family related reasons for his support of the requested Conditional Use Permit (CUP), older generations bringing up and bettering the younger generations, and deep appreciation to his current childcare provider, being the applicant of the CUP application and Ms. Lakeisha Brown.

Regular Meeting May 27, 2025 Page 13 of 32 Michelle Imparato requested Council’s approval. She discussed her personal and family related reasons for supporting the requested Conditional Use Permit (CUP), several reasons how the 24- hour childcare facility would benefit the community and working parents, as well as her deep appreciation for her current childcare provider (the applicant), etc. Carolyn Wood requested Council’s approval. She commended the outstanding and selfless character and the honor of knowing the childcare facility owner, who was a dedicated and passionate advocate for children and families, with substantial experience running a daycare, etc. Ms. Wood also commented on the reasons why the applicant was requesting a CUP, etc. D. Moxley requested Council’s approval. He commented on the childcare facility owner previously contacting him and collaborating with him to coach children’s soccer, the purpose of doing such, and the multiple benefits the activity provided to children. L.D. Bryant, a pastor, requested Council’s approval. He commented on how he met the childcare facility owner, being impressed by her and the incredible vision, purpose, activities, ethics, morals, care, and love that she poured into children and the community. He also commented on the childcare facility being an important component of economic growth and the importance of having a (quality, caring, protective) village to raise children, etc. Rondell Henderson requested Council’s approval. He discussed his personal and family related reasons for supporting the requested Conditional Use Permit (CUP) for a childcare center and the ways it would benefit working parents. Jared Jackson requested Council’s approval. He discussed his personal and family related reasons for supporting the requested Conditional Use Permit (CUP) for a childcare facility, which was critical to families and their success. Tommie Hicks, Jr. requested Council’s approval. He could witness and confirm the positive testimonies expressed thus far by the prior speakers about the applicant for the CUP. The applicant had a deep love, passion, and care for children. Lakeisha Brown, the applicant on behalf of Conditional Use Permit (CUP) No.1-2025, thanked everyone that talked on her behalf at the Council meeting. She was moved by the deep praise and appreciation. Ms. Brown commented on the journey and work required thus far to work toward her goals with the childcare facility, the only issue now was lighting and getting guidance on the City’s Code requirements, the childcare facility would operate through the night (as well as during the daytime), etc. Stan Johnston commented on his personal and family related reasons for supporting the requested Conditional Use Permit (CUP) for a childcare facility. He also reviewed a list of his professional credentials, affiliations, awards, status as a retired City employee with pension, and issues about the City he felt involved misconduct and corruption since 2012 (indicated concerns on a stormwater related report or study), personal dissatisfaction on his interactions with police, his feeling that his rights were violated according to statutes, others’ experiences with police while taking samples of water following a sewage spill, concerns for murder, etc.

Regular Meeting May 27, 2025 Page 14 of 32 Lakeisha Brown did not make any rebuttal comments. As there were no additional persons that wished to speak, the public hearing was closed. Member Stoeckel and staff discussed her viewpoints and questions on the following: • A 10-foot landscape buffer Code requirement • Lighting: making sure it was clear or it was a requirement to protect surrounding neighbors from light that may negatively affect the enjoyment of the neighbors’ homes at night • A concept plan would govern the property if the request at this hearing was approved • The property was already developed (not new construction) • The issue was how could the applicant utilize the property and what processes they would have to go through • If the CUP permit was approved, the items that were required to be completed • The purpose of the proposed condition on lighting (as read by staff from the Codes) • Alternative options and subsequent Code requirements • A description of a photometric lighting plan, which also would provide how much bleeding of light may affect nearby properties. These plans were typically provided by specialists • Safety and security Mayor Connors desired the applicant to be able get their business open quickly. He felt a 24-hour child daycare was a unique and much needed service. Member Nelson and staff discussed her viewpoints and questions on the following: • The responsibility to protect the neighbors and enjoyment of their property • Whether it was possible to limit the lighting condition and staff feedback • The applicant previously stating that she would not utilize the area at the back of her business for customers and it was not their initial intention to add lights at the back of the building Motion: Member Nelson moved to approve Conditional Use Permit (CUP) Application No. 1-2025, with the limited condition of a lighting plan for the front of the building, with the understanding that the lights for the back of the building would not be used overnight. Member Stoeckel seconded the motion.

Regular Meeting May 27, 2025 Page 15 of 32 Staff clarified that the proposed motion was based on the applicant indicating that they would not be using the area behind the back of their building. The roll call vote was: Member Nelson Yes Mayor Connors Yes Vice-Mayor Cole Yes Member Stoeckel Yes Member Moscoso Yes The motion carried unanimously. xxx ORDINANCES - FIRST READING – None. xxx OLD BUSINESS Native plantings and incentives, tree canopy coverages in multifamily residential developments, and the critical root zones (CRZ) of trees - Interim City Manager Abbate highlighted the request provided in the Council agenda packet. The request was to provide direction on whether to advertise the ordinances and schedule public hearings, as discussed on the report cover page for the agenda item. Motion: Vice-Mayor Cole moved to table the agenda item and authorize the Titusville Environmental Commission (TEC) to hold a special workshop and meeting with staff on this subject matter in the interim. Community Development Director Parrish advised that the TEC wanted to meet on one particular ordinance, not the three ordinances referenced in the agenda packet. The TEC requested the Council postpone or not discuss the multifamily canopy ordinance. There was also an indication the ordinances were interrelated. Member Nelson seconded the motion for discussion. Member Nelson felt the three ordinances were interrelated and thus recommended waiting for the TEC to hold a workshop, prior to Council further discussing these matters. Staff advised they had brought these ordinances to the TEC at various meetings and/or times. Member Nelson envisioned the TEC to have a special meeting and workshop with staff and have citizens or people come in from outside and hold discussions about making various changes, similar to how the tree ordinance was developed.

Regular Meeting May 27, 2025 Page 16 of 32 Member Stoeckel commented on the history and prior events or discussions that lead up to the present and reasons for this item on the City Council agenda, staff may not be comfortable with the ordinances and there may be some issues, not being certain if the TEC was comfortable with the ordinances, facilitating having more discussion by stakeholders, there may need to be more work needed to improve the ordinances, trees assisting with absorbing stormwater, etc. Staff indicated that they did not have clear and formal direction yet and it was staff’s desire at this juncture to • Present information as previously directed or requested by the City Council • Present information requested by the TEC • Present what staff came up with based on prior meetings with City Council, the TEC, staff’s recommendations, along with pros and cons associated with any prior requests and/or prior direction, prior related policies, and whether some items could be combined • Preparing for Council directions to legally advertise public hearings for the pending legislation for Council’s approval on a future date Council discussion ensued on • Discussing these issues at a future Council presentations meeting • There was not yet a “meeting of the minds” on the ideas and components of the pending legislation. For example, a landscape architect had a different opinion than another contributor • One Council Member felt the City Council should develop and provide better direction to staff, before the TEC held a workshop • Council discussing and/or weighing the pros and cons before the TEC holds a workshop • For example, was the public consistently reporting difficulties on meeting City Codes that the Council may not be aware of/ For example, did the public frequently report issues on meeting the City’s landscaping requirements. These kinds of questions could be helpful when Council was considering the pros and cons Amended Motion: Vice-Mayor Cole moved to amend the motion on the floor, to instead table the agenda item of Native plantings and incentives, tree canopy coverages in multifamily residential developments, and the critical root zones (CRZ) of trees and schedule a presentation at an upcoming regular City Council meeting (indicated as the Regular City Council presentations meeting scheduled on July 22, 2025 at 5:30 p.m.). Member Nelson’s second held and it carried unanimously. xxx Development Review Process - Interim City Manager Abbate highlighted the request provided in the Council agenda packet. Community Development Director Parrish briefly highlighted the following information on efforts to improve the development review process: • Staff providing prior updates to City Council (this was a continuation) • A prior issue and report that staff’s site plan reviews were exceeding 50 days on average

Regular Meeting May 27, 2025 Page 17 of 32 • The average subsequently improved from 50-days to 42-days • Most recently, the average was 35-days, which was partly made possible by filling a vacant or new staff position that Council helped create and improving internal procedures • Technology (more tools) to further assist and refine the development review process, including new software and artificial intelligence (A.I.) • A new, online, site permit intake (processing) tool • Staff returning to Council at future meetings, for the purpose of Council discussing changes they desired to the City’s current Low Impact Development and parking ordinances (regulations) Member Stoeckel discussed the following: • Her desire and request for staff to return to Council with any consistent (re-occurring) themes or issues (such as barriers) that came-up at staff’s pre-meetings with project representatives. She was especially interested in commercial projects • Identifying any themes or barriers also for the prior agenda item - Native plantings and incentives, tree canopy coverages in multifamily residential developments, and the critical root zones (CRZ) of trees Stan Johnston submitted a public speaking card. He commented on his being a professional engineer, previously working for the City and attending Development Review Committee (DRC) meetings, his opinions that the meetings were horrible and resulted in numerous violations, the process was not working, etc. Specifically, Mr. Johnston was concerned with issues for a project on Mockingbird Lane, a legal survey, a preliminary plat, and his concern the property did not have legal access, two-way access being turned into a one-way access, concerns on this matter being ignored for since 2021, etc. Council did not take any action on the agenda item during the meeting. xxx FlashVote Public Input Survey - Interim City Manager Abbate highlighted the request provided in the Council agenda packet. He also referenced the presentation on FlashVote that was provided to the Council earlier in the evening at 5:30 p.m. Interim City Manager Abbate advised that the City had recently contracted with FlashVote to conduct random scientific surveys. These surveys would solicit input directly from Titusville citizens, allowing the City Council to make data-driven decisions. As a first example, a survey detailing Public Works' suggested amenities for the Harrison Street Park (along the river) was provided in the Council agenda packet. Staff were seeking whether the Council desired approving and proceeding with this (example) survey. Interim City Manager Abbate further advised that the FlashVote survey provided the City with conducting six surveys during a one-year period and the topics or questions for each subsequent survey would need to be developed. He also advised that a sufficient number of individuals had signed up to participate in the City’s FlashVote surveys.

Regular Meeting May 27, 2025 Page 18 of 32 Several individuals submitted public speaking cards. Kay St. Onge waived her right to speak. Dr. Kathleen O’Rourke advised that she was a professor in epidemiology and biostatistics, with training in conducting surveys. Dr. O’Rourke felt the FlashVote surveys were a waste of everyone’s time, due to the method of inviting participants in a general email was an individual’s own (voluntary) choice on whether they decided to participate. This method was not desirable because it created volunteer bias or self-selection bias. This participation method also was not based on a random sample of the population. Instead, Dr. O’Rourke advised there was a real difference in surveys that received feedback on a volunteer basis and those that did not. She advised that with voluntary surveys, participants might have their own agendas that may not represent their neighbors (the greater population), the results were not generalized, and the results may not mean anything (not hold true value) for future research. Instead, Dr. O’Rourke recommended and advised the best method to conduct a survey and represent the population or residents was for the City to obtain the list of registered voters, pick (select) people from the list, ask the selected voters to individually participate, and provide some type of incentive or pay the individuals to participate. Toni Shifalo felt the example survey (provided in the agenda packet) was bad itself. She reviewed the questions given to her by another individual (L. Thompson) and her own, which addressed the following: • Example question no. 1 did not include Riverfront Park and the residents’ prior desires for Riverfront Park during the 2005 voter referendum (time period), which included having lots of trees at the park • Example question no. 3 and amenities for the new park. Ms. Shifalo did not approve how the survey question was written. She felt that questions could be carefully written to manipulate responses. Question no. 3 also indicated “…leave the park in a natural state”, but it was her desire to add more wording, including “with additional trees and with a restored natural living shoreline” • Other: Ms. Shifalo did not agree with a design consultant’s recommendations on paving, etc. She desired fixing the survey, giving survey participants real things to choose from, her desire to leave the property in the current state as it was now, policy or policies in the City’s Comprehensive Plan that discussed shoreline mixed use goals, there was already public access and if anything, add educational components such as mangrove or sea grass plantings, etc. Stan Johnston supported Dr. O’Rourke’s recommendations. Member Nelson complimented Dr. O’Rourke. She also felt there were problems with the example survey. Member Nelson also agreed with Ms. Shifalo that Riverfront Park needed to be in the survey. Concerning the example Question Nos. 2 or 3 and about leaving the park in a natural state, Member Nelson felt that work was needed at the park to remove invasive tree species or plants,

Regular Meeting May 27, 2025 Page 19 of 32 but also there was a desire to plant additional trees (some work was needed). Member Nelson also referred to prior meetings on Saturday mornings that were held to discuss the park, and it was the same 20-30 people each time that participated in the discussion. Her last point---nothing would be perfect. Mayor Connors recalled from Council presentations meeting at 5:30 p.m. on May 27, 2025, the FlashVote representatives advised that people randomly registered to take the surveys, but that also people from the voter registration roles (list) were invited or selected to participate. No survey was perfect. It was also not something the City could mandate of the citizens or public. Member Moscoso recommended adding more wording to example Question No. 2 that discussed the top reasons to visit parks. She felt that exercise, walking, or jogging should be added to the example survey. By consensus vote, the Council unanimously agreed this should be added to the example survey. Motion: Member Nelson moved to approve the FlashVote Public Input Survey with the corrections discussed thus far. Vice-Mayor Cole seconded the motion. Mayor Connors led the discussion for the purpose of identifying the corrections discussed thus far. Council discussion ensued to make these clarifications. Amended motion: Member Nelson indicated agreement to amend the motion to approve the FlashVote Public Input Survey with the following three (3) changes: (1) Question No. 1 – add Riverfront Park (2) Question No. 2 – add exercise, walking, and jogging (3) Question No. 3 – add plant additional trees and remove invasive plants Vice-Mayor Cole’s second held. The motion carried unanimously. xxx NEW BUSINESS Odyssey Ridge - Final Plat – Interim City Manager Abbate highlighted the request provided in the Council agenda packet. The request was to approve the Final Plat, Covenants and Bonds for Odyssey Ridge subdivision located north of Timber Trace Apartments on Sisson Road. This was a quasi-judicial item. On May 21, 2025, the Planning and Zoning Commission recommended approval, 6-0. Community Development Director Parrish reviewed information from the Council agenda packet and staff analysis with the Council.

Regular Meeting May 27, 2025 Page 20 of 32 Mayor Connors opened the public hearing. Genevieve LaBuda, the applicant on behalf of the Odyssey Ridge Subdivision Final Plat, was available to answer any questions. Stan Johnston advised that he recently sent the City an email that discussed his concerns on Mockingbird Lane, a new traffic path that led into a fence post and oak tree, taking away legal access to an address, this information was relevant because it was included on an approved preliminary plat and survey, an error with a the right-of way calculation, his disbelief on other errors, the City or Council was not listening to him, etc. As there were no other individuals that wished to speak, the public hearing was closed. Motion: Member Nelson moved to approve to approve the Final Plat, Covenants and Bonds for Odyssey Ridge subdivision located north of Timber Trace Apartments on Sisson Road, as recommended. Vice-Mayor Cole seconded the motion and the roll call vote was: Mayor Connors Yes Vice-Mayor Cole Yes Member Stoeckel Yes Member Moscoso Yes Member Nelson Yes The motion carried unanimously. xxx At 9:00 p.m., Mayor Connors called for a 10-minute recess. At 9:10 p.m., Mayor Connors called the meeting back to order. xxx PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – Dr. Kathleen O’Rourke read from a prepared statement that outlined concerns and disagreement on three items, including: (1) Council’s earlier action that moved the first petitions and requests from the public present toward the end of the meeting and this being disrespectful to the citizens, (2) Disagreement with a Council Member’s suggestion to pause the search for a new City Manager and concerns for hardships this could cause to current applicants, and (3) Her desire for the Interim City Manger to facilitate or show particular police body camera footage to the mother of a deceased individual. Stel Bailey read from a prepared statement that discussed concerns and allegations for Council misconduct, allegations of police misconduct and a staff member making threatening communications to private citizens over a news article posted on social media, a police car chase

Regular Meeting May 27, 2025 Page 21 of 32 that she advised resulted in a fatality of an individual that had taken part in rallies concerning a police involved shooting earlier in the year, her perception of patterns of fear and tragedies, her desire for the Interim City Manager to oversee an investigation on the Police Department, launch an independent investigation on a staff member, etc. Additionally, Ms. Bailey distributed information to the City Clerk (for the public record). Kim Gibbs desired to discuss the City’s landscape ordinance, defining the City’s role and ordinance’s objectives, whether to promote native plants that in-turn supported native species, pollinators, etc. Ms. Gibbs described a project that she was involved with that included a transition plan for a 20-acre condo project in Pasco County, to which there were three (3) components: the lawn, the shrub layer, and the tree canopy. Ms. Gibbs further highlighted information on issues and high costs associated with lawn care, wildlife, recommendations of providing minimal lawn spaces, the shrub layer was the most beneficial to all species and stakeholders, etc. David Turcott, a member of the local native plant society, with a master’s degree related to natural resource sciences, discussed the historical presence and purpose of native plants, his being opposed to artificial turf, economic advantages to native plants, there was a wide array of native plants, issues with invasive (alien) plants, etc. Kay St. Onge read from a prepared statement that reviewed information on upcoming events. There was a tree planting event on June 18, 2025 at 10:00 a.m., at the Isaac Campbell Community Center and Park, where children assisted by members of the community would plant 30 native trees that consisted of live oaks and wax myrtles. On June 12, 2025, at 1:30 p.m. a representative in collaboration with or affiliated with the Environmentally Endangered Lands (EEL) Program would provide information on the lifecycle of oak trees, how trees improved the lives of residents, the benefits of trees, etc. Additionally, Ms. St. Onge reviewed the many benefits of native plants and requested Council adopt an ordinance requiring a minimum of 50% native plants. Lance Fisher, former Deputy Police Chief of the Palm Bay Police Department, read from a prepared statement that discussed that he recently spoke to the mother of a deceased individual on the hurdles that she would have to overcome to learn the truth about her son, his professional experience attending meetings when officer involved shootings occurred, and the participation and discussions held or anticipated by the State Attorney’s Office, the Florida Department of Law Enforcement (FDLE), police administration, and sometimes the personal attorneys of police officers. Mr. Fisher felt these meetings were more about protecting the agency and the officers than revealing truths. Mr. Fisher further commented on the community was hurting, the mother of the deceased wanted answers “good or bad”, and the police department needed closure to amend the strain caused by the unknown. Mr. Fisher continued and discussed having 25-years working in law enforcement, police body cameras were intended to uphold integrity, equipment may also promote distrust, agency culture could be good or bad, it took years to change or undo agency culture, concerns that Council tabled the first petitions from the public and the feeling it was intended to silence the population, protecting one over thousands, etc.

Regular Meeting May 27, 2025 Page 22 of 32 Stan Johnston commented on sending an email that discussed alleged illegal activities, wanting explanations from an elected official concerning a stolen sign, improper or illegal digging post holes in a public right-of-way and taking the risk of costly damage to underground infrastructure, without having underground utility locates, violation of law, placement of signs being illegal, dirty-rotten politicking he felt or indicated was involved with the 2024 City Council elections. Jo Lawson advised that she applied for a building permit a year and a half ago and learned about the requirements for the permit(s) she desired was an enlightening learning experience. She was told she needed to hire an engineer, build a road approximately 50 feet in length, build a sidewalk, gutters, drainage, etc. There were State regulations that were involved. Her property was a corner lot located at Worth and Louisiana in the Forrest Hills Estates, where there were no sidewalks. On Hillcrest and Tropic though, 5-acres had been improved tremendously and with a sidewalk that stopped at the end of the property line. Asphalt improvements have been made elsewhere, too. One concern was discrimination based on her gender, because she believed the 5-acre property owner was given a sidewalk for their property (Ms. Lawson indicated was a male property owner). Mayor Connors asked Ms. Lawson to email him. He would look into Ms. Lawson’s concerns. Elizabeth Baker expressed concerns on Council tabling the first petitions and requests to the end of the meeting, doing so a tactic to wear everyone out, this was tyrannical behavior, the importance of free speech, doing the right thing and standing up for the citizens, concerns for an individual that advised earlier they were arrested and was not provided their medication while being detained, the feeling of being ignored, citizens that repeatedly came to Council meetings asking about records, sewer spills, Council being silent, etc. Member Moscoso commented on why she asked Police Chief Lau to attend the Council meeting, so that he could share any updates. xxx Shouting came from the audience. At 9:00 p.m., Mayor Connors called for a recess. At 9:10 p.m., Mayor Connors called the meeting back to order. xxx Melinda Villian distributed information and discussed her concerns on public rights-of-ways and a particular alleyway near her home. She requested the City to repair a stop sign that was presently leaning or down at the alleyway south of her home, due to cars were blowing-through the stop sign. She advised the City staff looked into the matter and later notified her the alleyway was on private property, not public property. Ms. Villain advised the alleyway used to be a “dead-end”, but it was now opened up and extended to Parrish. This alleyway was now being viewed as a “through-alley” on current public agency maps. Ms. Villain further reviewed the history of the alleyway in question and other historical information from the 1920s on the Ku Klux Klan. xxx

Regular Meeting May 27, 2025 Page 23 of 32 MAYOR AND COUNCIL REPORTS Mayor's Report - Mayor Connors submitted his written report. xxx Council Reports - Vice-Mayor Cole initiated an issue, which Member Stoeckel and Mayor Connors also discussed with him, as followed: • The Vice-Mayor was getting complaints that an internet service provider was not cleaning up after themselves following work being completed in the area. He also desired the service provider to be courteous by notifying neighborhoods of their work upon arrival • The internet service provider had unintentionally damaged an underground water line • The State’s involvement or awarding the work that was to be completed for the internet service infrastructure, the internet service provider seemed responsive and timely to make any repairs, the City’s Public Information Officer (PIO) would disseminate information on these matters, etc. • Staff were keeping track of any underground water lines damaged by the internet service provider’s work, in order to have the company cover the City’s (municipality’s) costs to repair damages xxx Member Nelson discussed her desire to explore having a community pool. There were possible revenue opportunities to support, such as college teams that needed a place to swim during winters. Swim meets could also be held at a community pool. For historical purposes, the pool at Titusville High School was reportedly once a community pool. It was said to have been built by the Rotary Club and subsequently given to the Brevard County School Board; however, it was no longer a community pool. Motion: Member Nelson moved to approve advisability for the City to review options of having a community pool. Member Moscoso seconded the motion. Stan Johnston submitted a public speaking card. He commented on swimming at the YMCA pool, he came from West Virginia where there were many community pools, it was important to have pools to teach individuals to swim and prevent drownings, the pool at the old Royal Oak golf course was dry, the Parrish Medical Center pool was not usable, the community was a backward place, a beer company once offered to build a pool at Astronaut High School that would paint or install an eagle or other insignia at the bottom of the pool, but the beer company was turned-down by the the school board, due to the company sold alcohol, etc. Mayor Connors commented on funding. Ultimately, he felt the decision should be presented to Titusville’s voters.

Regular Meeting May 27, 2025 Page 24 of 32 Vice-Mayor Cole advised that the YMCA was conducting fundraising to cover the cost to heat the YMCA’s pool, which was estimated to cost $160,000. There may be a cost-saving opportunity to partner with others with large pools, like YMCA and Parrish Medical Center; otherwise, the initial cost to build a pool and the annual operations and maintenance costs may be cost prohibitive. The motion carried unanimously. xxx Member Nelson discussed her desire to explore mountain bike trails.