MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

May 14, 1998

The Board of County Commissioners of Brevard County, Florida, met in special session on May 14, 1998, at 10:15 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

Landscaping Specialist Reba Floyd introduced Mark Dick, registered landscape architect; Sally Scalero, Extension Agent at Brevard County Extension Service; Dana Sussmann, Forester with Florida Division of Forestry; Gary Nelson, Nelson?s Landscape and Nursery in Melbourne; Dan Schrader, Brevard County Extension Director; Rob Lee, Consulting Civil Engineer representing the Home Builders and Contractors Association of Brevard; and Marguerita Engel, representing St. Johns River Water Management District.

Chairman Voltz stated there were several points of contention, including the point system and buildable versus plantable area.

Community Development Administrator Peggy Busacca stated the Board asked for information, including putting together 25% of the site coverage rather than looking at the point system; staff provided the Board with a copy of the previous Landscape Ordinance; it showed preservation of 15% to 25% of the site, depending on whether it was residential or commercial; the Board also requested that the point system be put together on examples; and such information is available. She noted there was a question about whether pines, palms, and broad leaf trees should be treated differently than they are currently; some of the issues related to canopy cover and whether they should be treated differently on DBH; and there was also the issue concerning how much habitat is provided by the various kinds of trees. Ms. Busacca stated the Board made a number of proposed changes to consider in more detail; specific motions were made; there was a motion to remove the penalties for mangroves; and such motion passed. She noted there was a motion to remove the protected tree portion of the Ordinance; such motion failed; and there was discussion about whether to continue to have 100 square feet of landscaping and trees per 10 parking spaces. She stated the motion was made to reduce it to 50 square feet; the motion was seconded; and after discussion, the motion was removed and not considered further. She stated there was also a motion to delete the appendix concerning what were acceptable trees versus non-acceptable trees; Commissioner Scarborough commented the information could be available and did not have to be within the Ordinance; and it was agreed that would be one thing to consider when the Ordinance went forward. Ms. Busacca stated a motion was made that a performance bond could be utilized when there was a hardship; and there was no second to the motion. She advised there was discussion about delegation of mangrove laws; County Attorney Scott Knox stated there were 1996 Amendments to the 1995 Statute which gave Department of Environmental Protection (DEP) delegation to enforce the mangrove laws; the Board decided it did not want to continue to reinvent the State Statute, and

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

it was to be excluded; and that is when the motion was made to remove enforcement relating to mangroves. She noted there was a motion to put the last sentence within the area referring to the Environmental Trust Fund back in, and to delete "environmental"; and such motion passed. Ms. Busacca stated there was discussion about the motion of $500 an acre being a sufficient fine; the motion was to make it $500 per 1/4 acre; and the motion passed. She noted there was discussion about a motion on the wording of how seeding and mulching should be done after land clearing has occurred; there was a motion to put the point schedule on the agenda for discussion today; and there was discussion concerning the betterment plan and what kind of objectives were needed. She stated the affidavit of completion was discussed; it was agreed that the work must be completed within 30 days of an affidavit; there was also discussion about the inconsistency between the point system for planted versus preserved and whether there should be incremental points for planted trees; and the issue was whether or not the Board wanted to continue to look at planted and preserved trees in the same way or whether it wanted to give additional incentives. Ms. Busacca stated the Board agreed that an ABC Guide would be very useful; Brevard County currently distributes one for people to utilize; and the Board discussed simplifying such Guide.

Rob Lee stated the existing Land Clearing and Landscaping Ordinances work; he is representing approximately 600 members of the Home Builders and Contractors Association (HBCA), which includes many developers and home builders; Ms. Floyd has done a great job of interpreting the Code; and it has been very workable. He noted it is a hardship to single-family residents who own a lot who are not going to build on it, but want to clear a portion of their property to have a picnic area; sometimes there needs to be removal of a tree that is larger than four inches; and they would like to see something in the Code to allow that.

Commissioner Higgs inquired can someone get a permit to do that; with Ms. Floyd responding for four-inch and larger trees, they have to have an active development order which is a building permit or a site plan. Mr. Lee suggested there be some other vehicle rather than a development order to allow some clearing.

Gary Nelson stated he handles custom residential work, both in the cities and the County; most of the work is in deed-restricted areas which probably have more restricted measures than what Brevard County requires; most people do not have a problem with the point system; but there are a lot of complaints as to what they are allowed to plant for the points, such as including citrus trees.

Sandy Sanderson, Florida Power and Light (FP&L) Company Area Manager of East Central Florida, introduced Tom Turner, FP&L Company, Vegetation and Growth Management.

Tom Turner stated he works with contractors who trim the trees from existing power lines; they are looking at the type of tree near the power lines; and FP&L Company has a brochure which shows the right trees in the right places. He noted one guideline to follow is to look up and see what is there before planting, and get an idea of what the tree is going to look like at mature height.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

Commissioner Scarborough inquired has FP&L Company conducted any studies on the reduction of air conditioning costs by the shading of trees; with Mr. Sanderson responding affirmatively. Mr. Sanderson advised FP&L recommends appropriate landscaping and other things. Commissioner Scarborough requested Mr. Sanderson provide the Board with a report concerning such studies. Mr. Sanderson stated FP&L Company does not like mandating anything concerning the planting of trees; however, it would much rather have the appropriate tree planted under its power lines and let it grow naturally than have to do the radical cutting; FP&L?s primary concern is the safety of the residents and workers maintaining the lines; and the Ordinance may be an opportunity to mandate that only trees that are compatible with the height restrictions be included.

Commissioner Higgs inquired what is the estimated cost for FP&L Company to trim trees each year; with Mr. Turner responding the cost was $25 million this past year. Mr. Sanderson advised the cost goes back to the customers.

Dana Sussmann stated one list that should be included in the Ordinance is trees which the County does not want, including invasive exotics; tree preservation should include that the area underneath the tree?s drip line remain undisturbed during construction; and that is a minimum requirement. She noted preservation can be good, but problems can come with it if the trees are not evaluated carefully prior to preservation and steps are not taken during preservation that insure minimal impact occurs to the trees; and this is especially important with pines as they are very susceptible to construction impact and bringing in fill. She advised her concern with any ordinance is whether they address specific requirements as far as protecting trees during construction; and she did not see anything in the Ordinance that was very specific.

Commissioner Cook inquired are palm trees considered less significant than other types of trees; with Ms. Sussmann responding she does not consider them less significant as they are providing many of the same benefits that other trees do. Ms. Sussmann stated any tree in its place where it is given enough room to grow is a valuable part of the landscape; and it goes back to making the decisions about what trees to save, how to save them, how much room to leave them, and what trees it is not worth taking the effort to preserve because of their condition or location.

Chairman Voltz inquired how does someone determine how many is too many trees for a lot. Ms. Sussmann responded trees start small; it can be beautiful to have them all grown together and have one large canopy; however, if they are planted too closely together, it creates a maintenance headache. Ms. Sussmann stated what needs to be looked at is the mature size of the tree and is there enough room for it; a lot of communities have created tree preservation funds when they have realized some of the landscape requirements cannot be adhered to on every single development; it may not be feasible to put all of the trees back on site; and instead the value of those trees is put into a tree preservation fund and the money is used to plant trees on public property. She noted the canopy comes back, but it is not all crammed into one small area where initially it looks good but eventually it is too much for the site to handle. Chairman Voltz inquired if this should be addressed in the Ordinance; with Ms. Sussmann responding it should be included in a tree preservation ordinance. Ms. Sussmann stated the success rate for transplanting small trees may be better than

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

transplanting larger trees; it is very expensive to transplant larger trees and it is a complicated process which can be successful, but it takes a real professional to do it.

Commissioner Scarborough stated he has noticed less survivability of the smaller trees in commercial development; with Mr. Nelson responding a lot of it has to do with proper installation and maintenance.

Sally Scalero stated she attended a program taught by Dr. Gillman; he emphasized that the three most important things when establishing a tree is water, water, water; that is why she is concerned when people talk about putting in large trees; and unless they have a good source of water, they could severely damage the trees and they will be bum trees.

Ms. Busacca stated the Ordinance includes a large tree for single-family residential at six feet with a one-inch diameter. Ms. Scalero noted she is comfortable with that. Ms. Scalero stated energy savings is included in the Environmental Landscape Management Booklet; and it refers to 30% savings for air conditioning and cooling costs if there is shade and 50% for watering. She provided a list of the latest bad plants, including Chinese tallow; stated the Lantana camara is listed in the Ordinance under good plants; however, it is on the Category 1 invasive. She stated she tells individuals who attend her classes to look at the spread of the tree and divide it in half as they want the tree at least that far from the house; the Ordinance includes a large tree with 100-square foot planting area; and it is not a big enough area for a large tree. Ms. Scalero stated she has a CD Rom which includes an expert tree system which talks about power lines being nearby, how much area to work with, and it recommends planting a tree 12 feet from any sidewalk; and there are many trees people can choose from.

Discussion ensued concerning landscaping in parking lots, pervious concrete, paving bricks, open turf block, root system, various species of trees, irrigation systems, tree maintenance, natural water table, canopy cover, and the point system.

Mark Dick stated the current physiological research for trees concerning growth is that root volume yields growth; a tree should be given a minimum of 400 square feet to get good growth and a root zone of two feet deep; and the preference is 1,200 cubic feet for the planting area. He discussed energy conservation and water conservation, avoiding the power lines, and protection of the root area; and stated the interest in more trees in parking lots is the cooling affect.

Chairman Voltz inquired what types of trees could be put in parking lots; with Mr. Dick responding there are a number of small flowering trees, including crepe myrtles, red bug, and oaks. Mr. Dick stated diversity is needed in landscaping; every site should have multiple species; the smaller trees are better for initial installation; points for the larger tree would be warranted, but is not in the financial interest of the developer to do it unless he wants an entrance feature; and he would not encourage it.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

Commissioner Cook stated landscaping raises the value of property; it is a good incentive for a homeowner; there are trees all over his neighborhood; and inquired how much should the County mandate for residential and is there a built-in incentive for a homeowner to have landscaping. Mark Dick responded there is incentive because it is going to reduce their overall initial cost and improve the value of their property; the difficulty in Brevard County is that most of the good, buildable land is no longer available and has been built out; the sites are substandard and have to be filled; and vegetation cannot be preserved when a site is filled without going through extraordinary expense, and there is no guarantee the vegetation is going to live.

The meeting recessed for lunch at 11:50 a.m. and reconvened at 12:25 p.m.

*County Attorney Scott Knox?s absence was noted at this time, and Assistant County Attorney Katherine Harasz was present.

Walter John Roslan, certified horticulturalist, stated preserving what Brevard County has is of utmost importance to him; when native communities are cleaned out the animals leave; what returns are the roaches and rats; and he would like to see permits issued for all land clearing as the County has that responsibility.

David Wise stated he owns and operates a tree service in Titusville; the point system is not burdensome; landscaping is a valuable and finite resource that needs to be managed effectively; the decisions need to be based on what is best for Brevard County; and any kind of major change to the Ordinances is going to severely affect the status quo. He noted this is a charter form of government; municipalities need to meet with the County; the cities have their requirements and the County has its requirements; and if such requirements are not identical they should be close. He stated there needs to be diversity of species; every species has its good points and bad points; the County is trying to fix something that is not broken; it is impossible to make a perfect ordinance; and the present Ordinances have worked reasonably well.

Bert Meyer, Rockledge Gardens, stated he has no problem with the present Landscape Ordinance; he sees deep dig dirt fill being brought in and put on top of well drained soils; it is the quickest way to kill trees and plants; and it is a major problem in Brevard County. He noted the homeowners are getting burned on this; and recommended something be put in the ordinance concerning soils and percolation ability of the soils.

Dick Thompson stated the Board appointed a group two years ago to come back with a simplified ordinance; such ordinance went from 15 pages to 35 pages, which was not simplifying it; and it was difficult to understand when reading through it. He noted his group reworked the ordinance and came up with their version which is 10 pages; it is adequate to accomplish what has been discussed today; he has met with each Commissioner; and requested the Board give such ordinance its due consideration.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

Marguerita Engel, representing St. Johns River Water Management District, stated the District promotes integrated resource planning; the County needs to also look at stormwater runoff in the Landscape and Land Clearing Ordinances; another resource to look at is the water supply and water conservation; and energy and wildlife habitat are also important. She noted retention areas should be counted in the square footage of property that needs to be landscaped; and there needs to be a coordinated effort.

Discussion ensued regarding dry retention areas, wet storage, plantable area, sodding, credits, root structure, ground cover, environmental and economic aspects, diversified trees, preserved area, open space, and area calculations.

Carl Signorelli stated the point system does not work; nothing was considered concerning taking away the impervious areas; and inquired how does someone put in 24 large trees on one-half an acre of commercial property. He noted he tried to put in 12 large trees and 12 small trees, but still could not fit them in when he put in the canopy.

Ms. Floyd suggested that large species trees not be planted on one-half acre, and medium species trees be used; stated there would be plenty of canopy area at maturity; and the point system works if the proper species are used. Chairman Voltz suggested Mr. Signorelli meet with Ms. Floyd concerning the list of proper species of trees for planting.

Dolores Kane stated the original idea was to simplify the Ordinance; the canopy and buildable area need to be considered; she does not believe it addresses those two issues; and expressed concern regarding penalties assessed against the landowner, clearing of property to build a house and driveway, and the property owner not being able to keep all of the trees.

County Manager Tom Jenkins stated the property owner can either preserve what they have and get points for it, or clear the property, fill it, and replace it with new vegetation.

Roland Verduyn, Sierra Club, stated everything has been very positive today; he was reading through the Cooperative Extension Services circulars; the whole idea of passive cooling as opposed to mechanical cooling was practiced by the settlers of Florida; the older neighborhoods contain mature trees; and inquired about the use of vines for shade. Ms. Scalero stated vines can be used to cool a west facing wall; and it is possible to construct arbors by using vines.

Dick Gregory stated the objective was to modify and simplify the Ordinance; it is not being simplified; his builder gave him a copy of the original Ordinance; and he works with it every day and has no problem with it. He noted he builds affordable housing; he has probably cleared 300 or 400 parcels in Brevard County over a period of 20 years with not many problems; and what sells his houses are the trees that are left on the property. Mr. Gregory stated Ms. Floyd works well with him; he does not know how anyone can comply with the point system; and inquired how much will it cost to enforce the Ordinance which is 32 pages.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

Harry Fuller stated he represents a different group of builders than previous speaker Rob Lee; they do not like the Ordinance; they do not like the point system; and he does not see where the Ordinance was simplified. He noted his main issue is tree preservation over 10 inches in diameter; inquired why should someone pay a penalty to cut down an undesirable tree; and stated there are still a lot of holes in the Ordinance.

Mr. Dick stated the point system works for him; he always has more green space beyond the minimum requirement specified in the Ordinance; and he has been using the Ordinance ever since it was initiated in 1989.

Mr. Lee stated the point system gives more flexibility and works for him; he has not had any problems with it; the math is not too difficult to do; and in comparison to other cities and municipalities, it is in line. Chairman Voltz stated individuals have commented the Ordinance is causing them to over plant.

Mr. Dick stated some cities have a system based on planting so many trees per lineal foot of frontage to come up with a quantity criteria; other cities have locational criteria; the point system allows flexibility of putting trees where they will fit; and residential landscape requirements are different from the commercial landscape requirements in the Ordinance.

Mr. Thompson stated the Ordinance should be written for individuals to understand and comply with; they should not have to use a sophisticated computer program to determine whether they have enough trees or need more; and reiterated that the Ordinance needs to be simplified.

Commissioner Higgs stated she has built a house and used the Ordinance; and she did not find the Ordinance difficult to understand.

Commissioner Scarborough stated the Board made motions and took action at its previous meeting; and he is comfortable with the existing Ordinance. He noted he would like to include the size of trees under power lines, the listing of invasive exotics, diversity, and the type of fill on property. He stated the County does not want to mandate species, but it has to be a provider source of information; materials and suggestions need to be available; and the Extension Service and Florida Division of Forestry can provide information. Ms. Scalero stated she would stress planting smaller trees under power lines. Commissioner Cook noted the County can encourage it, but not mandate it.

Chairman Voltz inquired about septic tank areas and not being able to plant anything there; and inquired is there a way to deduct those areas from the total needed landscaping. Ms. Busacca responded it is a policy decision that will ultimately determine how much vegetation will be on site; and staff can develop whatever language the Board desires.

Commissioner O?Brien stated he made the motion last year that the dry retention area not be kept as part of the formula for how much foliage should be on the lot.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

Mr. Lee stated the County could count the septic tank area and the bottom of a retention pond toward sod requirements only, and not require trees for such area; and in the calculations, it could require less trees and more sod.

Commissioner Higgs stated there is a provision for a betterment plan, and if someone has a significant problem and a technical inability to comply with all of the specifics, they may reach an agreement with the County and do a betterment plan which should resolve a potential conflict. Mr. Jenkins stated it is in the proposed ordinance.

Ms. Busacca stated in the May 20, 1997 Ordinance, there is an administrative waiver of the landscaping requirements; there are criteria by which such waiver could be given; and there was a suggestion of appealing to the Board if a waiver was not granted. Commissioner Cook stated he does not want to go beyond where the County is currently; and it could potentially have appeal after appeal.

Mr. Dick stated he has used the betterment plan when he has had a difficult site and could not do anything else, and it works.

Commissioner O?Brien stated the tree list in the present Ordinance tells what plants should be planted; and there needs to be a list of those trees that should not be planted.

Commissioner Scarborough stated he has not had any problem with the Landscape Ordinance. Commissioner Cook inquired is there offsite mitigation now; with Ms. Floyd responding affirmatively.

Discussion continued concerning the betterment plan, property rights, invasive exotics, deleting the $2,000 maximum fee in lieu of protected trees, and protected trees be replacement points and are included within required points.

Ms. Busacca stated there are two separate Ordinances for landscaping and land clearing; at one point it was considered that both of them be combined into one ordinance; and inquired if the Board has direction on how staff should do it. Commissioners Cook and Higgs recommended there be two separate Ordinances.

Mr. Lee requested clarification on land clearing, including revegetation and wind-blown dust; with Commissioner Cook responding it will stay the same. Ms. Busacca stated the Board directed staff to prepare language as it was not satisfied with the present language; the Local Planning Agency (LPA) had come forward; and staff can prepare such language for the Board to make a decision. Commissioner Higgs stated those are the issues the Board passed at the last meeting; with Ms. Busacca responding affirmatively.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING ORDINANCES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve keeping the existing Landscaping and Land Clearing Ordinances, including updating the listing of invasive exotics, adding flexibility language to the betterment plan, clarifying that protected trees be replacement points and are included within required points, and deleting the $2,000 maximum fee in lieu of protected trees; and approve encouraging diversity, the size of trees under power lines, and the type of fill on property in the educational process of the brochure. Motion carried and ordered unanimously.

Chairman Voltz expressed appreciation to everyone who attended the meeting; and stated it was very informative for the Board.

Upon motion and vote, the meeting adjourned at 2:30 p.m.

ATTEST:

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HELEN VOLTZ, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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