- Titusville Environmental Commission
- Titusville Environmental Commission 04/14/21
Titusville Environmental Commission 04/14/21
CITY OF TITUSVILLE
TITUSVILLE ENVIRONMENTAL COMMISSION
NOTICE OF REGULAR MEETING
April 14, 2021
City Hall in Council Chambers
555 S. Washington Avenue Titusville, Florida 32796
5:30 PM
Notice
On Wednesday, April 14, 2021, at 5:30 p.m., in the Council chamber, on the second floor of Titusville City Hall, located at 555 S. Washington Avenue, Titusville, FL 32796, the City of Titusville, FL, Titusville Environmental Commission will hold a regular monthly meeting.
Please note: two or more members of the City of Titusville Planning and Zoning Commission may attend this meeting.
In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing rules, designated seating shall be provided for the public at Titusville Environmental Commission and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Titusville Environmental Commission and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVID-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Titusville Environmental Commission and City Boards. As an additional method for public participation, the public may submit written comments, via email to planning@titusville.com or by regular mail to Titusville Environmental Commission's attention at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Written comments must be received by noon (12:00 p.m.) prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Titusville Environmental Commission members and made a part of the public record prior to any action being taken.
All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution #24-1997
Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness.
Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. DETERMINATION OF A QUORUM
5. APPROVAL OF MINUTES
A. March 10, 2021 Minutes
Approve
6. OLD BUSINESS
7. NEW BUSINESS
A. Tree Protection Ordinance
Review the proposed tree protection ordinance and make a recommendation to the Planning and Zoning Commission, and City Council.
8. PUBLIC COMMENT
9. REPORTS
10. DISCUSSION OF FUTURE AGENDA ITEMS
11. ADJOURNMENT
Any person who decides to appeal any decision of theTitusville Environmental Commission with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend.
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, April 14, 2021 at 5:30pm.
XXX
Chairman Bobbitt called the meeting to order at 5:30pm. Present were Vice Chairman Thompson, Member Perez, Member Tucker, Member Rice, Member Le and Member Myjak. Member Yount was absent. Staff present was Senior Planner Eddy Galindo and Recording Secretary Laurie Dargie.
XXX
Vice Chairman Thompson made a motion to approve the minutes from the March 10, 2021 meeting. Member Rice seconded the motion; there was a unanimous voice vote in favor.
XXX
Old Business
None
XXX
New Business
Tree Protection Ordinance
Chairman Bobbitt gave a brief introduction regarding the importance of this tree ordinance.
Mr. Galindo gave a PowerPoint presentation.
Chairman Bobbitt said that the staff proposed ordinance is bare minimum and he will not support it.
Member Myjak agrees that the staff proposed ordinance is not enough protection.
Vice Chairman Thompson said that the 15% tree canopy is not enough and suggested the Sierra Club recommendations.
Member Tucker agrees that the 15% tree canopy is not enough.
Member Perez said he does not support the staff proposed ordinance and would suggest recommending the Titusville Environmental Commission (TEC) proposed ordinance.
XXX
Member Le arrived.
XXX
Kay St. Onge of 2360 Maryland Avenue Titusville, Florida came to speak neither for nor against this item.
Member Rice asked which ordinance version would Ms. St. Onge recommend. Ms. St. Onge said the TEC version.
Mary Sphar of 825 Clifton Cove Court Cocoa, Florida came to speak neither for nor against this item. Ms. Sphar provide a handout to the Titusville Environmental Commission and staff.
Member Myjak made a motion to allow for two additional speaking minutes. Member Perez seconded. There was a unanimous voice vote in favor.
Member Perez made a motion to allow for two additional speaking minutes. Member Myjak seconded. There was a unanimous voice vote in favor.
Member Rice asked which ordinance version would Ms. Sphar recommend. Ms. Sphar said there needs to be changes made to all the versions and she came prepared to support the staff proposed ordinance but with the suggested changes that she brought on her handout which were suggestions to include from the Sierra Club ordinance.
Dwight Severs of 1308 Riverside Drive Titusville, Florida came to speak neither for nor against this item. Mr. Severs provided handouts to the Titusville Environmental Commission and staff.
Member Myjak made a motion to allow for two additional speaking minutes. Member Perez seconded. There was a unanimous voice vote in favor.
Member Myjak made a motion to allow for two additional speaking minutes. Vice Chairman Thompson seconded. There was a unanimous voice vote in favor.
Member Rice asked which version Mr. Severs would recommend and Mr. Severs said the TEC version.
Member Rice made a motion to increase the speaking time to five minutes for all of the speakers. Member Perez seconded. There was a unanimous voice vote in favor.
Ruthie Cook of 353 Lily Lane Titusville, Florida came to speak against this item.
Member Rice asked Ms. Cook which version she would recommend and she said she would not recommend any of the versions.
Toni Shifalo of 715 Tropic Street Titusville, Florida came to speak for the TEC version and against the staff proposed version.
Member Rice asked Ms. Shifalo which version she would recommend and Ms. Shifalo said she would recommend the TEC version.
David Mandernack of 2645 Slash Pine Court Titusville, Florida came to speak against this item.
Member Rice asked Mr. Mandernack which version he would recommend and he said he has not read any of the versions and could not recommend any but is for saving trees.
Marlys Breckle of 3 Indian River Avenue #906 Titusville, Florida came to speak for the TEC version and against other versions.
William Klein of 3 Indian River Avenue #906 Titusville, Florida came to speak for the TEC version and against other versions.
A five minute recess took place.
Member Perez made a motion to reduce the speaking time to three minutes. Motion dies due to lack of second.
Stan Johnston of 860 Poinsettia Avenue Titusville, Florida came to speak neither for nor against this item. Mr. Johnston said he does not have an opinion on recommending any of the versions.
Deborah Tomkinson of 660 Ora Dell Avenue Titusville, Florida came to speak neither for nor against this item.
Mary Sphar of 825 Clifton Cover Court Cocoa Florida came to speak in regards to this item. Ms. Sphar clarified that it was not the City of Titusville staff or the Developers that came up with the 46” tree size for heritage trees, she is the one who suggested the 46” tree size for heritage trees.
XXX
Discussion took place amongst the Titusville Environmental Commission members.
Chairman Bobbitt said he does not want appeals regarding heritage trees to go to City Council, he would suggest that appeals go to the Planning and Zoning Commission or a sub-committee.
Member Rice disagrees with Chairman Bobbitt and said that City Council is final approver or disapprover and he would caution this Commission at trying to take away City Council’s authority. Member Rice said that the City Council members are the elected officials by the citizens of Titusville and their judgment should be trusted.
Lengthy discussion took place by the Titusville Environmental Commission members regarding their thoughts, concerns and opinions on what should be addressed and changed in the proposed staff ordinance.
Member Rice made a motion to approve the staff proposed ordinance version as a baseline. Motion dies due to lack of second.
XXX
Member Myjak made a motion to approve the Titusville Environmental Commission (TEC) proposed ordinance version as the baseline. Member Tucker seconded.
Roll call was as follows:
Member Le Yes
Member Rice No
Member Myjak Yes
Vice Chairman Thompson No
Member Perez Yes
Member Tucker Yes
Chairman Bobbitt Yes
Motion passed with a 5 yes, 2 no vote.
XXX
A five minute recess took place.
Member Le left the meeting.
XXX
Vice Chairman Thompson made a motion to use the following definition to define “Area of Alteration” as follows: Area of Alteration is the total site area less than area which will not be altered as determined by the applicant. Land to be excluded from the Area of Alteration may be wetlands, drainage or utility easements, water bodies, or any other land which will not be altered.
Only land included within the Area of Alteration may be considered part of Tree Protection Areas, or receive any credit for preserved tree canopy. This definition will be included in Section 30-31 of the ordinance. Member Tucker seconded.
Roll call was as follows:
Member Myjak Yes
Vice Chairman Thompson Yes
Member Rice Yes
Member Tucker Yes
Member Perez Yes
Chairman Bobbitt Yes
Motion Passed.
XXX
Member Myjak made a motion to use all of the definitions from the Sierra Club ordinance and insert them to make a new Section 30-33 (D) in the Titusville Environmental Commission proposed ordinance. Member Perez seconded.
Roll call was as follows:
Vice Chairman Thompson Yes
Member Tucker Yes
Member Perez Yes
Member Rice No
Member Myjak Yes
Chairman Bobbitt Yes
Motion passed with a 5 yes, 1 no vote.
XXX
Member Myjak made a motion to remove the use of the word “Grand” and only use the word “Heritage” in the ordinance for consistency. Member Tucker seconded.
Roll call was as follows:
Chairman Bobbitt Yes
Vice Chairman Thompson Yes
Member Rice Yes
Member Myjak Yes
Member Tucker Yes
Member Perez Yes
Motion passed.
XXX
Member Myjak made a motion to use Critical Root Zone (CRZ) only instead of using the “tree protection zone” verbiage. Member Perez seconded.
Discussion took place regarding an amendment to the motion to replace the term “The City” with “the Administrator”. The motion maker agreed and the second held.
Roll Call was as follows:
Member Rice Yes
Member Tucker Yes
Vice Chairman Thompson Yes
Member Myjak Yes
Member Perez Yes
Chairman Bobbitt Yes
Motion passed.
XXX
Member Rice made a motion that any tree survival considerations get placed in industrial and commercial site plans and in Home Owners Associations documents approved by City Council. Member Myjak seconded.
Roll call was as follows:
Member Rice Yes
Member Myjak Yes
Vice Chairman Thompson Yes
Member Perez Yes
Member Tucker Yes
Chairman Bobbitt Yes
Motion Passed.
XXX
Chairman Bobbitt passed the gavel to Vice Chairman Thompson.
XXX
Member Rice made a motion to include from page 3 of the Sierra handout, items g(1) and (2) in the tree survival consideration and requirements with the only change being changing five years to three years.
Chairman Bobbitt asked if the motion includes the exception of acts of God. Member Myjak said yes.
Roll call was as follows:
Member Rice Yes
Member Myjak Yes
Vice Chairman Thompson Yes
Member Perez Yes
Member Tucker Yes
Chairman Bobbitt Yes
Motion Passed.
XXX
Chairman Bobbitt made a motion that appeals regarding heritage trees go to the Planning and Zoning Commission instead of City Council. Member Myjak seconded.
Roll call was as follows:
Member Myjak Yes
Vice Chairman Thompson No
Member Rice No
Member Tucker No
Member Perez No
Chairman Bobbitt Yes
Motion fails due to 2 yes, 4 no vote.
Member Rice said he will not support stripping City Council of their duties.
Member Perez agreed with Member Rice.
XXX
Member Rice made a motion to include the verbatim language from Section 30-32 (9) from the Staff recommended ordinance (page 14 of 96 in the agenda packet) and include it in Section 30-32 (D). The language is as follows: Any appeal to the decision of the Titusville Environmental Commission shall be heard by the City Council. Any applicant that is aggrieved by the decision of the Titusville Environmental Commission may file a written appeal within thirty (30) days after
the decision in dispute, accompanied by the appropriate fee. Appeals shall be filed with the City and shall state fully the grounds for the appeal and all facts relied upon by the petitioner. The City Manager shall schedule the appeal for the consideration of the City Council within sixty (60) days of receipt of the appeal. Member Myjak seconded.
Roll call was as follows:
Vice Chairman Thompson Yes
Member Tucker Yes
Member Perez Yes
Member Rice Yes
Member Myjak Yes
Chairman Bobbitt Yes
Motion passed.
XXX
Member Myjak made a motion to use all of the language from Section 2 (b) down from the Sierra Club ordinance and also to use the second (4) & (5) inclusions as part of Section (e) and include in the Titusville Environmental Commission proposed ordinance. Member Tucker seconded.
Roll call was as follows:
Chairman Bobbitt Yes
Vice Chairman Thompson Yes
Member Rice No
Member Myjak Yes
Member Tucker Yes
Member Perez Yes
Motion passed with a 5 yes, 1 no vote.
Member Rice voted no because he is unsure if he supports everything that this ordinance includes.
XXX
Member Rice suggested that Staff include the timeline history for City Council and also be sure to make it clear what the Staff recommendations are, the Titusville Environmental recommendations are and the Planning and Zoning Commission’s recommendations are so that there is no confusion.
XXX
Reports
No reports
XXX
Adjournment 10:06pm