March 11, 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, March 11, 2020 at 5:30pm.




Chairman Myjak called the meeting to order at 5:30pm. Present were Member Le, Member Yount, Member Perez and Alternate Member Sallmen. Vice Chairman Bobbitt, Member Tucker and Member Nelson were absent.  Staff present was Planning Manager Brad Parrish and Recording Secretary Kim Amick.




Member Perez made a motion to approve the minutes from the January 15, 2020 meeting. Member Sallmen seconded the motion; there was a unanimous voice vote in favor. 




Member Perez made a motion to approve the minutes from the February 12, 2020 meeting.  Member Yount seconded the motion; there was a unanimous voice vote in favor.




Public Comment 





Old Business


Tree Protection Ordinance 


Chairman Myjak asked should they start where they are.


Mr. Parrish said from the minutes of the last meeting, Mr. Rick Kern was the last person to speak then Member Yount made a motion to table to ordinance.


Chairman Myjak said it is back before them as it was at that meeting.


Kay St. Onge, 2360 Maryland Avenue, Titusville, Florida came to speak in regards to this item.


Mary Sphar, 825 Cliftons Cove Court, Cocoa, Florida came to speak in regards to this item.  Ms. Sphar passed out and reviewed a Comparison of Major Ordinance Provisions from the Tree Team.  Ms. Sphar passed out a Canopy Performance Standards – Options for XX and YY to the members.


Mr. Parrish said he met with Ms. Sphar and other staff members prior to this meeting and tried to see if they could present this in some way to make it clear or simplify the number of options you might have.  He said what Ms. Sphar has described to you is what they thought might be the best option to layout for your decision as to whether to pick staff’s ordinance like it, provide comments or reject it, pick the Tree Team ordinance, you like it, how it should be changed you do like it pick one of the options Ms. Sphar described as far as canopy.


Stan Johnston, 860 Poinsettia Avenue, Titusville, Florida came to speak in regards to this item.  Mr. Johnston asked for a copy of Ms. Sphar’s presentation.  Ms. Sphar said she had additional copies.   Mr. Johnston declined to speak.


Toni Shifalo, 715 Tropic Street, Titusville, Florida spoke in favor of this item.  Ms. Shifalo stated facts about the number of trees that had been taken down in the Park Preserve Subdivision.


Member Perez asked for a copy of the tree facts Ms. Shifalo quoted.


Ms. St. Onge said she had a copy of the facts that Ms. Shifalo referred to.  


Mr. Parrish asked that the copy be presented into evidence and the recording secretary email a copy of the facts for the commission members.


Member Perez and Alternate Member Sallmen agree with the increased tree mitigation penalty as a disincentive to developers removing existing trees.


Member Perez, Alternate Member Sallmen and Chairman Myjak agree that the canopy should be the Tree Teams fourth option to preserve 25% for preserved canopy and maintain minimum 37.5% for total canopy with plantings per development.


Chairman Myjak recommends a higher target canopy than 37.5% and also include a maintenance plan with each development.


Member Le said he is concerned about people with allergies.


Ms. St. Onge and Ms. Sphar recommended LID to help reduce the need for large stormwater ponds.



Bill Klein, 3 Indian River Avenue, #906, Titusville, Florida came to speak in regards to this item.  Mr. Klein recommended a study group to come up with tree removal, planting, trimming and maintenance standards.


Discussion followed.


Member Yount suggested maintenance language to be added to the Tree Team’s ordinance.


Member Sallmen mentioned Bill Moia’s email concerning Conservation PD regarding the 50% total growth acreage of the development be held for open space.  He asked if they had some way to incorporate that.


Member Perez said he understands that already exists and they go beyond that.


Mr. Parrish said there are several development options within the City Code you can choose to go through a plat process, for example you want to create a subdivision of residential lots you can go through the standard plat process because the zoning is correct.  He said you have heard through the Tree Team there is a minimum requirement of setting aside 10% of that land for preservation but what Mr. Moia is referring to is another development option for those properties that have environmental constraints and we would encourage them to go through what is called a conservation subdivision design or there are other tools called cluster subdivisions, things of that nature and sometimes those are approved through a public hearing process which is a planned development, PD process, which is what he is referring to.  He said you have to set aside 50% of your land for open space, Mr. Moia is referring to encourage developments to go through this process, they set aside 50%, leave the rest for them to clear and do what they need without doing an additional mitigation beyond what they have already preserved.


Member Perez said when will that be appropriate such as for a wetland.


Mr. Parrish said it is not specific for a property that has environmental constraints but if a developer decides to choose this option they can go through this process to do a conservation subdivision design.  He said it allows them to have no minimum lot size they just have to preserve 50% of the property and the benefit to the city is they don’t get as much infrastructure dedicated to us to maintain.


Discussion followed.


Chairman Myjak asked the Commission for a five-year maintenance requirement.





Member Yount made a motion to amend the ordinance with consideration of five-year survival of trees will include selection of trees to survive potential future stressful conditions, such as drought, soil fertility, flooding, loss of canopy with five years will require replacement.


Chairman Myjak seconded.


Chairman Myjak said should they add that to their proposal going forward.


Mr. Parrish said you have a motion on the table, he would recommend that you ask Mr. Yount who made the motion to withdraw it only because it is a motion to something that has not happened yet.  He would recommend you make a motion on which ordinance first and then Mr. Yount can make his motion to amend the ordinance you select.


Member Yount withdrew his motion.


Chairman Myjak withdrew his second.




Member Perez made a motion to adopt the Tree Team’s ordinance with option four, total canopy of 37.5% with a preserved canopy of 25%.


Chairman Myjak seconded.


Roll call was as follows:


Chairman Myjak                                 Yes

Member Le                                         Yes

Member Yount                                   Yes

Member Sallmen                                 Yes

Member Perez                                     Yes


Motion passed.






Member Yount made a motion to amend the ordinance with consideration of five-year survival of trees will include selection of trees to survive potential future stressful conditions, such as drought, soil fertility, flooding, loss of canopy within five years will require replacement.


Member Perez seconded.


Roll call was as follows:


Member Sallmen                     Yes

Member Le                             Yes

Member Yount                       Yes

Member Perez                         Yes

Chairman Myjak                     Yes


Motion passed.




Member Perez made a motion to add tree satisfying canopy requirements shall be preserved or planted in tree tracts, tree preservation easements, or Low Impact Development stormwater mitigation features to preserve the environment including the living soil that the trees depend upon.  


Mr. Parrish said you are referring to the Tree Team’s matrix, is your motion to amend their ordinance.


Member Perez said that is correct.  He thought they had to get this in place first and then then could add to it.


Mr. Parrish said yes, if that is your decision.


Chairman Myjak asked Mary Spahr to come up to ask some questions.


Chairman Myjak said the bullets on the matrix are a summary.  He said you can see the whole ordinance at Section 30-34.4(a)(3).


Mr. Parrish said they just needed to know what section.


Solar Panels on New Single-Family Residences


Chairman Myjak discussed the advantages to solar panels on single family homes.


Chairman Myjak asked Titusville Environmental Commission to send a recommendation to City Council that all new housing going forward, multi-family and single family, have some set minimum of solar panels on the new construction similar to what South Miami adopted in 2017.


Member Perez agreed with sending Council a recommendation.


Member Le questioned the additional cost to homeowners.


Chairman Myjak discussed the costs and savings of the solar panels.




Member Yount made a motion to table.  


Member Perez seconded.




Member Perez and Member Yount mentioned a tier system that may satisfy people and not be required under 1,000 square feet.  Member Sallmen seconded.  There was a unanimous voice vote 




New Business


Earth Day 2020


Mr. Parrish reminded the Commission that an event with two or more commissioners would have to be noticed to meet Sunshine requirements.


The Commission discussed holding an event at Enchanted Forest for April 22, 2020.


Mr. Parrish will contact Eddy to contact the Enchanted Forest and coordinate with the Clerk’s office to notice the event.




Public Comment


Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak. Mr. Johnston gave out a handout for an Open House taking place at Fox Lake Park this Sunday.  Mr. Johnston reviewed items on his handout to be covered at the Open House.


Mr. Johnston brought up the culverts under I-95.   He referred to the Greater Titusville Water Master Plan requires the City to maintain the easements.


Discussion followed.


Member Perez stated the people who oversee this area, Stormwater Resources, they would like someone who is responsible to come and talk about the ditches to get a better understanding what is going on and clarify the background that Stan is throwing out there that needs to be confirmed.


Mr. Parrish believes this question was answered but he could find information related to what is brought up tonight


Chairman Myjak asked what is the status of the ditches leaving the City and what kind of maintenance schedule are they on and what kind of feedback does the city have with regard to the performance of our ditches and is the City making the County accountable.






Resolution Supporting Brevard Zoo’s Port Canaveral Aquarium Project


Mr. Parrish explained that the Council approved a resolution of support on February 11, 2020.


Chairman Myjak said strike it from the agenda.


Member Le introduced himself and gave a little of his background.


Member Sallmen discussed the Farmer’s Market that was at Searstown Mall.  He said they lost their permit with the City so they have moved somewhere else.





Future Agenda Items

Earth Day Flyer

Stormwater – Member Le to make a 15 to 20-minute presentation.

Chairman Myjak asked about having volunteers or making sub-committees.




Adjournment 8:08 pm