HomeMy WebLinkAboutMinutes 03-29-1990 Special CITY COUNCIL
SPECIAL MEETING
MARCH 29, 1990
A Special Meeting of the City Council of the City of Cape
Canaveral, Florida was held on March 29, 1990, at the City Hall
Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting
was called to order at 7: 00 P.M. by Mayor Joy Salamone. Pledge
of Allegiance was led by Mayor Salamone.
The roll was called by the City Clerk. Officials present were
Mayor Joy Salamone, Mayor Pro Tem, Ann Thurm; Council Members
Don Arabian, John Porter and Rocky Randels. Also present were
City Manager, Leo Nicholas; City Attorney, Mitch Goldman; and
City Clerk, Jan Leeser.
1 . Emergency Ordinance No. 17-90 Prohibiting the Destruction
and/or Disturbance of Certain Varieties of Trees
AN EMERGENCY ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 657, TREE PROTECTION, OF THE CODE
OF ORDINANCES BY PROHIBITING THE DESTRUCTION OF CERTAIN
PLANT LIFE; ESTABLISHING PENALTIES; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
Mr. Arabian explained that approximately 100 trees, with
diameters of up to eighteen inches, had been destroyed. He
presented a transparency which showed his concerns and suggested
the Emergency Ordinance be enacted to prevent any further
destruction.
At this time, Ms. Evelyn Hutcherson, Code Enforcement Officer,
addressed the City Council on this issue. She explained that
the Building Official, Mr. Jim Morgan, was unable to attend the
meeting and asked her to advise Council on what had transpired.
She explained that Building Permit No. 6433 had been issued to
Mr. Earl Brown for removal of underbrush and dead trees.
she noted that specific conditions of the permit were that no
oak trees, or trees with a trunk in excess of four inches, were
to be removed. Ms. Hutcherson also noted that she had witnessed
Mr. Morgan inform Mr. Brown to contact the Building Department
prior to the land clearing being started so the trees to be
removed could be flagged. At this time, Ms. Hutcherson showed a
video depicting the destruction of the trees. Discussion
followed.
Mr. Arabian moved to adopt Emergency Ordinance No. 17-90,
amending Code Chapter 672, Tree Protection Ordinance, by prohib-
iting the destruction of the following plant life, and if they
are destroyed, a penalty of $250. 00 fine be imposed for each
inch of diameter of tree (measured one foot from the ground) ,
with a minimum penalty of $250. 00 per plant:
Silver Palmetto Water Oak
Palm Leather Fern
Cedar Coffee Plant
Mulberry Hackberry
Red Bay Strangler Fig
Live Oak Scrub Oak
Slash Pine Sea Grape
City Council
Special Meeting
March 29, 1990
Page 1 of 2
Mr. Porter seconded motion. Mr . Porter and Mr . Randels spoke in
favor of the proposed Emergency Ordinance.
Discussion followed on the course of action to be taken against
the current violator. Mr. Goldman advised that it could be
pursued as a civil matter and brought before the Code
Enforcement Board or as a criminal matter and turned over to the
State Attorney' s Office. Mr . Nicholas advised that the City' s
Wetlands Ordinance had been violated and the St. John ' s Water
Management District would be notified. Mr. Arabian noted that
other State and Federal Agencies may also be involved and
suggested no course of action be determined at this time.
Discussion followed.
Attorney Goldman requested clarification regarding any permits
that had already been issued for tree removal and/or land
clearing. It was pointed out that no other permits had been
issued.
Mr. Nicholas advised that the Beautification Board had been
working on a Tree Protection Ordinance which would address some
of the concerns discussed.
Vote on the motion on the floor, to adopt Emergency Ordinance
No. 17-90, was unanimous.
The Special Meeting was adjourned at 7: 33 P.M.
Approved this 17th day of April , 1990.
L. 'F,, M or
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City Council
Special Meeting
March 29, 1990
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