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Draft Min Workshop 9-17-07MINUTES OF THE WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBER ON SEPTEMBER 17, 2007 City Commission Members present: Donald M. Wolfson, Mayor J. Dezmond Waters, III, Mayor Pro Tem Mike Borno, Commissioner Jamie Fletcher, Commissioner Sylvia N. Simmons, Commissioner Staff present: Jim Hanson, City Manager Erika Hall, Planner II Alan Jensen, City Attorney Donna L. Bussey, City Clerk The meeting, which was held for the purpose of discussing the following items, was called to order at 7:01 p.m. by Mayor Wolfson. 1. Tree Ordinance Commissioner Fletcher polled the Commission to see if they were in favor of changing the Tree Ordinance to be consistent with the surrounding beach communities. Commissioner Waters stated he is open on the issue. Mayor Wolfson believes this will need significant study and research, and stated he is open but wants to know more about it. Commissioner Simmons believes the tree removal permit form is too complicated and should not need notarization. She stated the form should be revised with different forms for different tree removal requests. In response to Commissioner Fletcher's poll, she stated she doesn't believe this is the time that the community is ready to make these changes and if this ordinance is changed it should be done with a study committee that will objectively look at some of these issues. Commissioner Borno stated he believes a lot of these suggestions need to be well thought out because they have to look at the impact entirely before doing anything. He stated just to match other cities, doesn't mean they are right. Commissioner Fletcher requested the Commission enact Item No. 1 on his email, to match our neighboring beach cities, which suggested requiring permits to remove any tree over a certain DBH (diameter breast height) and stated it won't be done unless they do it now. Mayor Wolfson stated for him to do that, he would need to read their ordinances and understand what DBH he is talking about. Erica Hall stated she is not sure what the other cities require for DBH inches. Mayor Wolfson asked Commissioner Fletcher to bring him some specifics. Commissioner Simmons left the meeting at 7:17. Commissioner Simmons returned at 7:18 Minutes -City Commission Workshop September 17, 2007 Page 2 Commissioner Fletcher read from the tree ordinance what a protected tree means. He stated his objective is better protection of the tree canopy. He stated the current ordinance allows anybody to cut down any tree if they are not getting a building permit for construction. Mayor Wolfson asked Maureen Shaughnessy, Chairman of the Tree Board, to come to the podium and she answered questions from the Commission regarding the current requirements. Commissioner Waters stated if Atlantic Beach is going to be a tree community, the few people who prefer grass may have to adjust to the fact, and agreed trees should not be randomly cut down and people should have to mitigate for them. Mayor Wolfson asked Commissioner Fletcher since he is bringing up this issue, where is the problem. Commissioner Fletcher stated enforcement is not the problem; the problem is this is a weak ordinance. City Manager Hanson clarified when there is a development permit, the Tree Board has a right to require mitigation or paying into the tree fund. The contractors can basically take any tree they want, it is just a question of how much they pay or how much they plant back. Mr. Hanson asked if the intent is (1) to save more trees or (2) to come under the provision that says you can still cut whatever you want but you have to mitigate, or (3) that the tree board has the right to say no, under any circumstances, you cannot cut that tree. Commissioner Fletcher stated it makes the law the same as the permit base law. Mr. Hanson stated so you can cut anything you want, it is just a question of how much it will cost you. Commissioner Fletcher stated it will require mitigation and it will require going through the tree board. He stated it is an extra step so you can't simply cut down a heritage tree without going through the Tree Board and mitigating. Commissioner Borno does not believe it is fair and proper to even consider item #1. He stated the City doesn't have a problem where they are constantly losing trees all over the City. He stated he sees no reason to change the ordinance. He stated people have a right to change things on their property for whatever reason and he believes they should still maintain that right. Commissioner Waters stated if this is going to be a tree canopy city he believes if someone is taking down a tree on their property, they are damaging the overall tree canopy. He stated the City has never protected certain heritage trees of such size and dimension that they cannot be taken down under any circumstances other than decay, age, or deterioration. Mayor Wolfson stated there is a lot to study and evaluate and stated what the Commission would normally do is have a workshop with the designated body that is responsible (in this case the Tree Board) to discuss the issue publicly and to determine whether or not the Commission would feel it would make sense to go forward to amend or revise the ordinance. Commissioner Fletcher stated the timing is critical and he has waited two years due to other legislative issues. Mayor Wolfson stated the legislative issues were put in place in order of priority of the strategic planning. Commissioner Fletcher stated now is the time and if it is not done now, it won't be done. Mayor Wolfson stated if it is not done right, it will be undone. Minutes -City Commission Workshop September 17, 2007 Page 3 Mayor Wolfson asked Maureen Shaughnessy what the position of the Tree Board is with these recommendations. Ms. Shaughnessy stated they do not have a consensus because it has been rushed. Mayor Wolfson asked Ms. Shaughnessy if the Tree Board would come before the Commission with a recommendation. Mayor Wolfson stated he feels it would be appropriate to do this. Commissioner Borno stated there is not a consideration of staff time being sufficient. Mr. Hanson stated with all the issues here there is no way there will be a major change to the Tree Ordinance before this commission is out of office. Commissioner Fletcher stated he disagrees and does not appreciate staff's comment on that. Mr. Hanson stated there are a number of issues that have not been discussed that need to be discussed, one being the issue of staff timing and availability. He does not believe the Tree Board can get an answer back in time for the Commission to go through two readings because there is just over a month before this Commission is out of office. Mayor Wolfson stated the process needs to start and if for some reason they are in the middle of it when the election takes place and the commission is reseated, it is not to say the majority of that Commission won't be in favor of continuing it. It was decided that the Tree Board would start the process and bring back a recommendation to the Commission. Commissioner Fletcher clarified with Mr. Jensen that members of the Tree Board may communicate under the Sunshine Law with any member of the Commission because they are separate boards. Mr. Jensen stated that is correct. Mayor Wolfson stated the Tree Board cannot talk among themselves unless it is a public meeting, but they can talk to any Commissioner. The Tree Board was asked to provide copies of the Jacksonville Beach and Neptune Beach Tree Ordinance Code to the Commission. 2. Joint Agreement between Cities of Neptune Beach and Atlantic Beach Mayor Wolfson explained the purpose of the agreement is to perpetuate the relationship of the two cities of Atlantic Beach and Neptune Beach for the Town Center area, stating this has nothing to do with zoning overlay in Town Center. He stated the overlay would be part of this eventually if this agreement is set up. After •discussion regarding parking issues, Christmas lights, banners and the median, the Commission unanimously decided to move forward with this joint agreement. Mr. Hanson suggested the City Attorney prepare a draft to give to Neptune Beach. Mayor Wolfson will work with Mr. Jensen and Mr. Hansen to prepare the draft agreement. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 8:26 p.m. Donald M. Wolfson Mayor ATTEST: Donna L. Bussey, CMC City Clerk