July 15, 2020 Minutes

The Titusville Environmental Commission (TEC) of the City of Titusville, Florida met in regular session in the Council Chamber at City Hall, located at 555 South Washington Avenue on Wednesday, July 15, 2020 at 5:30pm.

 

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Chairman Myjak called the meeting to order at 5:30pm. Present were Vice Chairman Bobbitt, Member Tucker, Member Perez, Member Le and Alternate Member Young. Member Yount and Member Nelson were absent. Staff present was Sustainability Planner Eddy Galindo and Recording Secretary Laurie Dargie.

 

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Vice Chairman Bobbitt made a motion to approve the minutes from the March 11, 2020 meeting. Member Perez seconded the motion; there was a unanimous voice vote in favor. 

 

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Old Business

None

 

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New Business

 

Titusville Environmental Commission Semi-Annual Report – June 2020

Mr. Galindo gave an overview of this item.

 

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Vice Chairman Bobbitt made a motion to accept the Titusville Environmental Commissions’ Semi-Annual report to City Council. Member Tucker seconded. There was a unanimous voice vote in favor.

 

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Assistant City Attorney Chelsea Farrell gave the Titusville Environmental Commission a brief explanation regarding Quasi-Judicial items and their process. 

 

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Conditional Use Permit CUP #1-2020

Mr. Galindo gave an overview of this item by giving a short PowerPoint presentation. 

 

Christine Valliere of 2725 Judge Fran Jamieson Way Bldg C.Viera, Florida came to speak in favor of this item. Ms. Valliere gave detailed information regarding the above ground tanks. Ms. Valliere proved the Titusville Environmental Commission an aerial handout showing the tank location. 

 

Member Tucker asked what happens to the old underground tanks. 

 

Joshua Ghiz of 3111 Skyway Circle Unit 111 Melbourne, Florida came to answer questions. Mr. Ghiz said the underground tanks will be removed using proper requirements and the holes will be filled with clean fill. 

 

Vice Chairman Bobbitt asked if the tanks meet current hurricane standards. Mr. Ghiz explained the hurricane standards of the tank. Vice Chairman Bobbitt asked if the employees have been trained to handle a major spill or catastrophic disaster. 

 

Thomas Mulligan of 2725 Judge Fran Jamieson Way Viera, Florida came to answer questions. Mr. Mulligan said that the employees will be trained to handle issues but the Fire Department would be called for any fires. 

 

Member Perez asked what the advantages of an above ground tank would be. Mr. Ghiz said that above ground takes can be monitored and inspected more thoroughly and often, whereas the below ground tanks cannot. 

 

Vice Chairman Bobbitt asked Mr. Galindo if the Titusville Fire Department is trained to handle a catastrophic fire in the area if needed. Mr. Galindo said he could not answer that question; however, he knows that the Titusville Fire Department is trained extensively. 

 

Member Le asked how tall is the tank. Mr. Ghiz said the tank is about 11 feet tall and 35-40 feet long. Mr. Ghiz said it is a Fireguard tank. 

 

Member Le asked if the tank is secure. 

 

Carl Cotner of 4694 N. Wickham Road Melbourne, Florida came to answer questions. Mr. Cotner said that the tank is within a Brevard County Facility which is secured behind a locked gate at night and the facility is watched during business hours. 

 

 

Ms. Valliere said she would appreciate the Titusville Environmental Commission’s approval on this item. 

 

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Vice Chairman Bobbitt made a motion to recommend approval of CUP#1-2020 from the Titusville Environmental Commission to Planning and Zoning Commission and City Council. Member Tucker seconded.

 

Roll Call was as follows:

 

Member Perez                         Yes

Vice Chairman Bobbitt           Yes

Member Le                             Yes

Member Tucker                       Yes

Chairman Myjak                     Yes

 

Motion Passed.

 

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Ordinance/Resolution – Wetland Surveys

Mr. Galindo gave an overview of this item.

 

Vice Chairman Bobbitt asked Mr. Galindo to explain Section 29-71(b). Mr. Galindo said this means that a wetlands survey could be submitted and accepted if it was 5 years old or less.

 

Chairman Myjak asked what the word “formal” meant in the first place. Mr. Galindo said it had not meaning therefore that is why it is being deleted. 

 

Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak regarding this item. Ms. St. Onge said wetlands need to be protected.

 

Member Young said that his dad dug a well in 1957 and they hit water at 5 feet and now this same well doesn’t get water until 60 feet deep.

 

Chairman Myjak agreed strongly that the City needs to do a much better job at protecting their wetlands.

 

 

Katie Grablow of 3707 S. Ridge Circle Titusville, Florida came to speak in regards to this item. Ms. Grablow said she is a certified professional wetlands scientist and she would like to ask that the City of Titusville not limit the accepted wetlands surveys from third party private professional wetland survey scientists. Ms. Grablow spoke about her profession and what she knows about wetlands. 

 

Chairman Myjak said he does not like when natural wetlands are destroyed and filled in just to dig a hole elsewhere on a site and catch the stormwater. The wetlands need to be preserved where they are naturally located. Ms. Grablow agrees that the natural wetlands need to be preserved.

 

Member Tucker said she would not want to limit wetland surveys to only government agencies and feels that the City should be able to accept wetland surveys from certified professional private parties. 

 

Mr. Galindo said that a wetland survey could be accepted if it was approved by one of the government agencies that is listed in the ordinance, the language may need to be clarified. 

 

Member Young said he has concerns about accepting wetland surveys from just anyone. Chairman Myjak said the surveys would have to be done by a certified professional wetlands scientist. 

 

Mr. Galindo explained the change in Section 5.2.8.2. 

 

Member Young said his question is whether or not you want to require the wetland survey no matter what or just guess if a wetlands survey should be done. 

 

Chairman Myjak asked for clarification regarding why the language is being removed from the Rezoning submittal requirements. Mr. Galindo said that a wetlands survey should not be required during a rezoning because the rezoning is only looking at the use of the land. The rezoning does not approve any changes to the land itself. Therefore, the wetlands survey would be required if the property owner moves forward with development. 

 

Rachel King of 3974 Tangle Drive Titusville, Florida came to speak in regards to this item. Ms. King said that a common thought is that wetlands are always wet, however that is not always the case. Ms. King said that they usually go to delineate wetlands when they are dry. 

 

Member Le suggested allowing for other alternative options such as LiDAR.

 

Member Tucker said that using new technology is good but data from years ago needs to be considered when looking at wetlands.

 

The Titusville Environmental Commission had discussion regarding whether or not to add language to the Ordinance to include accepting wetland surveys from Certified Professional Wetlands Scientist. 

 

Member Tucker made a motion to add the language to include accepting wetland surveys from Certified Professional Wetlands Scientist. 

 

Member Young said he still has concerns about letting private industries who are profit driven having control. Member Young said that government agencies are supposed to have life saving provisions in the forefront, not profit. Member Tucker said she feels that the private agencies have built their business around saving the environment and would have the best interest of the environment in mind.

 

Member Perez asked if St. Johns River Water Management District, Florida Department of Environmental Protection or U.S. Army Corp of Engineers have to be the ones who give final approval on any wetland surveys whether it is done by one of their representatives or by a private agency. Ms. King said yes. The private certified professional wetlands scientist would just be doing the ground work and their survey would be sent off to the authorized government agencies for final stamp of approval. 

 

Chairman Myjak read the language from the Ordinance. Chairman Myjak stated that if these agencies listed in the Ordinance give the final stamp of approval on the wetland surveys no matter who does the ground work, he does not feel that the language in the Ordinance needs to be changed at all. 

 

Member Young just wants to be sure that all checks and balances are in the Ordinance to ensure that a wetlands survey is required before development to the land takes place. 

 

Member Tucker withdrew her motion.

 

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Member Young made a motion to approve the language changes in the Ordinance and Resolution relating to wetland survey requirements in Sections 4.1.11, 6.1.5, 11.1.6, 12.1.2.3, 14.3.2, 14.5.9, and 16.1.14. Member Tucker seconded.

 

Roll Call was as follows:

 

Vice Chairman Bobbitt           Yes

 

Member Tucker                       Yes

Member Le                             Yes

Member Perez                         Yes

Member Young                       Yes

Chairman Myjak                     Yes

 

Motion Passed.

 

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Vice Chairman Bobbitt made a motion to approve all other changes made in the Ordinance and Resolution relating to wetland survey requirements. Member Perez seconded.

 

Roll Call was as follows: 

 

Member Young                       Yes

Member Le                             Yes

Member Tucker                       Yes

Vice Chairman Bobbitt           Yes

Member Perez                         Yes

Chairman Myjak                     Yes

 

Motion Passed.

 

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Public Comment

 

Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak. Ms. St. Onge came and stressed the importance of the Tree Protection Ordinance and strongly encouraged all of the Titusville Environmental Commission to come to the July 30, 2020 public workshop meeting to voice their concerns regarding the Tree Protection Ordinance. 

 

Vice Chairman Bobbitt asked Mr. Galindo if the public workshop meeting date could be changed because he and Chairman Myjak are unable to make the date of the July 30, 2020 meeting. Vice Chairman Bobbitt said he wants to attend but he was not asked if that date was good or not. Chairman Myjak said he will be leaving for Maine and will not be able to attend the meeting but he would like to know if he can attend the meeting remotely. Member Perez said he is also unable 

 

 

to attend on July 30, 2020 and would like to see if the date can be changed. Member Young said he would be able to attend on July 30, 2020 if the meeting stays on that date. 

 

Chairman Myjak said he is not pleased that the Tree Protection Ordinance continues to change and he is unsure if all parties reviewing the Tree Protection Ordinance are always seeing the most up to date changes and are reviewing the same document. Chairman Myjak would like for Staff to do a better job at making sure everyone is getting the same exact information to review. 

 

Ms. St. Onge wanted to let the Titusville Environmental Commission know that as the current Tree Ordinance reads, any residential property owner that has lived in a house that has their Certificate of Occupancy for more than a year can cut down any tree on their property without a permit. Mr. Galindo said that there is language before City Council that could be adopted that will change the Tree Ordinance language to require a tree removal permit to be approved by City Council to be pulled by residential property owners in order to remove any grand trees from their property. Mr. Galindo said that this will be discussed at the Tree Protection public workshop meeting. 

 

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Reports

No Reports

 

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Future Agenda Items

Member Le will give a 15-20 minutes stormwater presentation at a future undetermined meeting.

 

Vice Chairman Bobbitt said he would like for the Titusville Environmental Commission meetings to either be televised or recorded and published online so that others who can’t attend the meetings can watch the meetings. Chairman Myjak suggested that a motion be made to request this by City Council now.

 

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Vice Chairman Bobbitt made a motion to recommend to City Council that the Titusville Environmental Commission meetings be televised or recorded and then published online for public viewing. Member Perez seconded. There was a 5-yes voice vote. 

 

Member Tucker asked to abstain from this vote. She was provided FORM 8B to fill out and bring back to file with the clerks office.

 

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Adjournment 8:13pm