HomeMy WebLinkAboutRe Updating ordinances Re Taking this to committee Re Tree ordinance and replacements Re Florida Sunshine Law request Re Tree Removal (2)Happy too, if I could find it.
I am referring to what Glenn wrote, "Briefly, tree permits for removal
of dead tree(s); can be removed without replacementconsideration, City
Code of Ordinance, Section 102-40. (a).(4):
Where is this written in the ordinance? That there is no replacement
reconsideration?
Also I want to address the historic preservation ordinance dealing with
known archaeological sites. Can you send me the
ordinance as it stands with that? Attached is the historic roster for
all of Brevard County and you will see Br1936.
On Thu, May 30, 2013 at 9:19 AM, Todd Morley
<T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> > wrote:
Good Morning Ray,
It would really help if you could make your suggested revisions
in underline and strikethrough format.
Thanks,
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
From: Ray Osborne [mailto:rko153@gmail.com
<mailto:rko153@gmail.com> ]
Sent: Wednesday, May 29, 2013 9:20 PM
To: Todd Morley
Cc: Barry Brown; Neale, Rick; Susan Chapman; Glenn Pereno
Subject: Re: Updating ordinances?, Re: Taking this to committee,
Re: Tree ordinance and replacements, Re: Florida Sunshine Law request,
Re: Tree Removal
Thanks for the email addressing this issue of trees. Still I'd
like to address historic preservation as
well but we can leave that for a separate email.
Below is the code. This seems fine as I read it but what got me
started with this is when Glenn wrote, "Briefly, tree permits for
removal of dead tree(s); can be removed without
replacementconsideration, City Code of Ordinance, Section 102-40.
(a).(4):
We have many dead trees granted they need to be replaced. And we
have many
invasive species and they need to be replaced. But replaced with
native species.
The one's listed in Sec. 102-52. List of desirable species and
plants.
It's easy math, if we remove trees even if they are dead (and
there is a lot with the bay laurel disease)
and we remove invasive species trees then we will have a loss of
total tree count in our community. We need to replace them with a
positive solution and that would be replace them with the ones listed in
Sec 102-52. Heck if we are to make a positive impact against climate
change and local pollution we need to plant natives more than just one
for one. Every neighbor who has a dead bay laurel we should give them
a native.
Here is a copy of the section I was talking about,
(d) Tree replacement guidelines.
(1) Each tree removed or destroyed shall be replaced by a
desirable tree or such other
tree properly approved by permit, or in the alternative,
property owners and developers
shall pay to the city's tree bank $250.00 per tree removed or
destroyed.
(2) The replacement trees shall be a minimum of four inches
dbh and shall be on the
desirable species list under this division.
On Wed, May 29, 2013 at 3:13 PM, Todd Morley
<T.Morley@cityofcapecanaveral.org
<mailto:T.Morley@cityofcapecanaveral.org> > wrote:
Ray,
Please take a look at the tree code (attached) and let me know
which section you would like to see revised.
You can send your revision suggestions to me.
Thanks,
Todd
Todd Morley
Community & Economic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (fax)
t.morley@cityofcapecanaveral.org
<mailto:t.morley@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
“If it is to be, it is up to me”
<https://mail.google.com/mail/u/0/?ui=2&ik=604138a2e1&view=att&th=13ef2e
8a1d3becd2&attid=0.1&disp=emb&realattid=e421afd9d76e20bb_0.0.1&zw&atsh=1
>
From: Ray Osborne [mailto:rko153@gmail.com
<mailto:rko153@gmail.com> ]
Sent: Tuesday, May 28, 2013 9:24 AM
To: Barry Brown; Neale, Rick
Cc: Susan Chapman; Todd Morley; Glenn Pereno
Subject: Updating ordinances?, Re: Taking this to committee, Re:
Tree ordinance and replacements, Re: Florida Sunshine Law request, Re:
Tree Removal
Barry, I'd like to suggest we open up items at the next Business
and Economic Development meeting
for discussion on an updated Historic Preservation Ordinance and
a Tree Replacement Ordinance.
I notice these meetings are usually held at 3:pm, may I suggest
that this particular meeting be arranged for later in the day when an
audience from the community be permitted to make comments?
On Thu, May 23, 2013 at 3:23 PM, Ray Osborne <rko153@gmail.com
<mailto:rko153@gmail.com> > wrote:
Barry meet Rick Neale with Florida Today, and Rick meet Barry
Brown.the city planner.
I just got off the phone with Rick about a possible good news
story about our city reaching out to the community about
updating its tree ordinance and protecting a local
archaeological site.
He believe the story may have merit and will create interest
with readers. I'm asking him to call you about the city's plans for
the town hall forum on this issue.
On Wed, May 22, 2013 at 6:43 PM, Ray Osborne <rko153@gmail.com
<mailto:rko153@gmail.com> > wrote:
As per my previous email, I direct this email now Barry Brown.
Barry, I will call you about this but first I want to send you
an official email. These are my talking points and will give you an
opportunity to address them.
The existing tree ordinance by the city is out of date with the
issues and values facing not only our local community
but our global community too. I officially request that it be
taken to committee to enable members of our community to
voice their opinion in a town hall forum. Can you give me the
date that this tree ordinance was adopted and made into
law with our municipal code? <official request.
Bear in mind we are a listed as tree city with the Arbor Day
Foundation which means that we should place particular importance
to this resource.
This is about the landing clearing that will happen soon to one
of the few remaining wooded areas in our city that is being
undertaken by B&B Enterprises on the land adjacent to Cape
Shores.
1) Removal and non-replacement with native tree interferes with
the biodiversity we have enjoyed in our community. Many migratory birds
settle in the trees of this area and Ospreys landings are a common
occurrence 2) Native trees
provide a powerful defense against global warming and climate
change as they take in carbon dioxide and replace it with oxygen.
3) Trees and their root structures provide a strength to the
soil and prevent storm water run off naturally. 4) Winds from storms are
tempered by trees and prevent higher winds hitting Merritt
Island and the mainland. 5) There will be other benefits that will
be disclosed at our town hall form.
2) I should also point out that his land is archaeology
sensitive. Documents from the state preservation officer indicates
their interest in this parcel and site registered as BR1936 and
their historic roster for our area indicates a strong possibility of
ancient human remains. See attached roster and letter from the
state.
I trust the city is prepared to continue in the spirit of
letting democracy prevail and that all citizens of our great community
be allowed to be heard on this matter.
Please take this as an official request to take this matter to
committee.
On Wed, May 22, 2013 at 5:03 PM, Glenn Pereno
<G.Pereno@cityofcapecanaveral.org
<mailto:G.Pereno@cityofcapecanaveral.org> > wrote:
Ray:
Briefly, tree permits for removal of dead tree(s); can be
removed without replacement consideration, City Code of Ordinance,
Section 102-40. (a).(4):
Sec. 102-40. - Permit criteria; exemptions; standards of review.
(a): Permitted criteria. Upon receipt of a completed application
and verification by the building official, the building official may,
after applying the standards of review set forth in subsection (c),
issue a land clearing permit under any one of the following
conditions:……………
(4):Trees severely diseased, severely injured or dead.
For the purpose of clarity, a Specimen Tree is defined as:
CCCO, Sec. 102-36. - Definitions. Specimen tree means a tree
having a caliper of 24 inches or more in diameter. Specimen trees shall
not include undesirable, dead, or diseased trees, or trees that are
structurally unsound and cannot recover from pruning.
In closing, please contact Barry Brown; Planning and Zoning
Director: 321-868-1222 ext. 11 <tel:321-868-1222%20ext.%2011> to
discuss your request to take this matter a committee.
Respectfully,
<https://mail.google.com/mail/u/0/?ui=2&ik=604138a2e1&view=att&th=13ece3
ee8e001191&attid=0.1&disp=emb&realattid=e1d20dfccab1e79d_0.1&zw&atsh=1>
Glenn Pereno, Building Official
Community & Economic Development Department
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x12 (321) 868-1247 (fax)
g.pereno@cityofcapecanaveral.org
<mailto:g.pereno@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
"What a Man does for himself dies with him,
but what a Man does for his community Lives forever"
Author Unknown
From: Ray Osborne [mailto:rko153@gmail.com
<mailto:rko153@gmail.com> ]
Sent: Wednesday, May 22, 2013 1:15 PM
To: Glenn Pereno
Cc: Duree Alexander; Angela Apperson; Brian Palmer; Susan
Chapman
Subject: Tree ordinance and replacements, Re: Florida Sunshine
Law request, Re: Tree Removal
Hello Glenn,
I'm following up with my communication with you on May 15. (a
week ago) Please treat this as a public record request.
I've seen the report but not seen what native species trees are
on this parcel. Are any natives being removed that
are not dead? What if any natives are replacing the evasive and
dead trees?
The replacement plan is what I wanted to review.
http://floridasnature.com/florida%20trees1.htm
<http://floridasnature.com/florida%20trees1.htm>
On Wed, May 15, 2013 at 5:04 PM, Ray Osborne <rko153@gmail.com
<mailto:rko153@gmail.com> > wrote:
Glenn,
I spoke to some more local residents who also favor am
upgrade of the tree ordinance. The want to be represented
to on this issue.
And I appreciate you telling me in person today how this
is done. Will this be set up with a city committee next? Obviously this
needs to be done before further trees are removed so will the permits on
the B&B enterprises be delayed for a bit?
On Tue, May 14, 2013 at 3:44 PM, Ray Osborne
<rko153@gmail.com <mailto:rko153@gmail.com> > wrote:
Thanks for the email, Glenn.
This may be the city ordinance on trees but it
demonstrates that the removal and non replacement
with native tree species is out of date and out
of touch with the values and wishes of our community
as a whole.
Bear in mind we are a listed as tree city with
the Arbor Day Foundation.
As I said removal and non-replacement with
native tree interferes with the biodiversity we have enjoyed in our
community. And
also eliminates a powerful defense again global
climate warming. Trees take in carbon dioxide and replace it with
oxygen.
So I will go on record as objecting to this move
without community discussion on this matter. When this ordinance was
drafted the over-development of our community
had not taken place, now it is. This wooded area is one of the last
remaining
wooded areas.
Please take this as an official request to take
this matter to committee.
There is a lot at stake here, as my area
will lose it's natural charm unless healthy native species trees are not
replacing the dead and evasive ones that will be removed.
The City is sensitive to your concerns
in this matter. Based on City Code of Ordinances, dead trees may be
removed through the permit process; Section 102.40 (a) (4), and with
respect to evasive tree such as, Brazilian Pepper tree(s) these trees
may be removed without further review or permitting; Section 102.40 (b)
(6).
Respectfully,
<https://mail.google.com/mail/u/0/?ui=2&ik=604138a2e1&view=att&th=13ece3
ee8e001191&attid=0.1&disp=emb&realattid=e1d20dfccab1e79d_0.1&zw&atsh=1>
Glenn Pereno, Building Official
Community & Economic Development
Department
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x12 (321) 868-1247
(fax)
g.pereno@cityofcapecanaveral.org
<mailto:g.pereno@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
"What a Man does for himself dies with
him,
but what a Man does for his community
Lives forever"
Author Unknown
From: Ray Osborne
[mailto:rko153@gmail.com <mailto:rko153@gmail.com> ]
Sent: Tuesday, May 14, 2013 1:04 PM
To: Duree Alexander; Angela Apperson
Cc: Glenn Pereno; Brian Palmer
Subject: Re: Florida Sunshine Law
request, Re: Tree Removal
Hello, regarding our communication from
last week.
I'd like to know if before these tree
permits are issued if it can be taken to committee at the city level
for discussion?
On Thu, May 9, 2013 at 4:36 PM, Duree
Alexander <D.Alexander@cityofcapecanaveral.org
<mailto:D.Alexander@cityofcapecanaveral.org> > wrote:
Ray,
I am in receipt of your request.
Duree Alexander, Code Enforcement
Officer
City of Cape Canaveral
Code Enforcement Department
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x13 (321) 868-1247
(fax)
d.alexander@cityofcapecanaveral.org
<mailto:d.alexander@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<https://mail.google.com/mail/u/0/?ui=2&ik=604138a2e1&view=att&th=13ece3
ee8e001191&attid=0.2&disp=emb&realattid=e1d20dfccab1e79d_0.2&zw&atsh=1>
From: Ray Osborne
[mailto:rko153@gmail.com <mailto:rko153@gmail.com> ]
Sent: Thursday, May 09, 2013 12:44 PM
To: Duree Alexander
Subject: Florida Sunshine Law request,
Re: Tree Removal
Thanks Duree, and also please add the
letter I submitted from the state.
Please also note that I appreciate all
email sent to me be in private BCC. If there is a public record Sunshine
law request that is fine but I don't think my communication with you
needs to be shared with everyone without this request.
Please acknowledge my request,
On Thu, May 9, 2013 at 12:22 PM, Duree
Alexander <D.Alexander@cityofcapecanaveral.org
<mailto:D.Alexander@cityofcapecanaveral.org> > wrote:
Ray & John,
This email is to inform you that the
City has approved a permit for B & B Enterprises of Cape Canaveral, LLC,
to remove dead Bay Trees from several parcels owned by B & B
Enterprises. These trees have been identified by the property owner(s),
and inspected by the City Arborist, and Staff to ensure code compliance.
Ray, your Public Records Request if forth coming.
Duree Alexander, Code Enforcement
Officer
City of Cape Canaveral
Code Enforcement Department
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x13 (321) 868-1247
(fax)
d.alexander@cityofcapecanaveral.org
<mailto:d.alexander@cityofcapecanaveral.org>
www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org/>
<https://mail.google.com/mail/u/0/?ui=2&ik=604138a2e1&view=att&th=13ece3
ee8e001191&attid=0.2&disp=emb&realattid=e1d20dfccab1e79d_0.2&zw&atsh=1>
Florida has a very broad public records
law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your
email address released in response to a public-records request, do not
send electronic email to this entity. Instead, contact our office by
phone or in writing.
Florida has a very broad public records
law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your
email address released in response to a public-records request, do not
send electronic email to this entity. Instead, contact our office by
phone or in writing.
Florida has a very broad public records
law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to
the public and/or media upon request, unless otherwise exempt. Under
Florida Law, email addresses are public records. If you do not want your
email address released in response to a public-records request, do not
send electronic email to this entity. Instead, contact our office by
phone or in writing.
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in
writing.
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in
writing.
Florida has a very broad public records law. As a result, any
written communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in
writing.
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