Item 8AAGENDA ITEM # 8A
MAY 14, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appeal by Cynthia Doctor (1680 Jordan Street) regarding
mitigation findings of the Tree Conservation Board
SUBMITTED BY: Rick Carper, P.E., Public Works Director y
Erika Hall, Planner/Staff Liaison to Tree Conservation Board `~"~
DATE: April 18, 2007
BACKGROUND: Sometime in late October 2006, new homeowner Cynthia
Doctor (1680 Jordan Street) was solicited by a man on a
bicycle to remove trees from her yard. Ms. Doctor, unaware of
the tree protection ordinance, granted permission for the
removal of three (3) Live Oaks located in the public right-of-
way. The individual(s) who cut the trees did not remove them
from the premises, but instead left them stacked in the right-of-
way. When the debris was not picked up on collection day,
Ms. Doctor called the Public Works Department to report that
her home had been missed.
Rick Carper, Public Works Director and then-staff liaison to the
Tree Conservation Board, investigated and found that two
trees had been removed (later determined to be three when
debris pile was removed). Measurement of the tree stumps
revealed that the removed trees were approximately 10", 14",
and 22". Section 23-16 describes a "public protected tree" as
one having "[a] DBH of six (6) inches or more located within a
city or other governmental right-of-way". Mr. Carper contacted
Ms. Doctor by letter (attached, dated Nov. 2, 2007) and
requested she appear before the Tree Conservation Board to
explain what had happened. Ms. Doctor appeared on
November 8, 2006, conveying the same story.
Tree Conservation Board Members found that, based upon 23-
17 (g)(3) Comection of a Violation, mitigation was to be
May14"', 2007 Regular Meeting
AGENDA ITEM t! 8A
MAY 14, 2007
assessed at the rate of 100% of the inches of protected trees
removed. Ms. Doctor was given a copy of the tree protection
ordinance and told that her mitigation would be either
replacement of the 46" of Oak, or payment into the Tree
Replacement Fund, at the current rate of $117.00 per inch, for
a total of $5,382.00. The board requested that she complete a
Tree Removal Permit Application (attached) to document the
removal. However, members were sympathetic to the plight of
Ms. Doctor and they attempted to work with her to meet her
mitigation requirements, making recommendations as to how
she might obtain free or low-cost trees, and making
suggestions as to groups or organizations she might solicit for
assistance. In late January/early February, Board Member
Carole Varney received a phone message from Ms. Doctor
that she had obtained six (6) replacement Oaks at a tree give-
away.
In mid-February, 2007, Erika Hall, the new staff Planner and
new staff liaison to the Tree Conservation Board, made several
unsuccessful attempts to contact Ms. Doctor regarding her
newly obtained trees. The Board had requested that Ms. Hall
find out where Ms. Doctor had obtained the trees, what kind
they were, what size, and if the organization had given planting
and care instructions. When Ms. Hall reported back to the
Board that she had been unable to contact Ms. Doctor, she
was instructed to send a letter (attached, dated March 21,
2007) to Ms. Doctor regarding her mitigation.
Upon receipt of the letter, Ms. Doctor met with Ms. Hall, and
was told that the Tree Board was interested to know what
progress she had made in meeting her mitigation requirement.
Ms. Hall told Ms. Doctor that she would visit the site and report
back to the Tree Board, which would make a further
determination. Members were told that seven trees had been
planted (Ms. Doctor received an additional tree from a
neighbor), but that none of them met the minimum 4"
requirement. They were also told that Ms. Doctor still did not
seem to understand the consequences of her actions or what
was expected of her in terms of compensation, as she
continued to state that she had removed only three trees, and
by planting seven, she had surely met her obligation.
At this point, Board Members came to the conclusion that no
further progress could be made and that it was time to forward
the case to Code Enforcement. Ms. Hall spoke with Code
Enforcement Officer, Alex Sherrer, to determine proper
May14'", 2007 Regular Meeting
AGENDA ITEM # 8A
MAY 14, 2007
procedure. She was told that another letter needed to be sent
to Ms. Doctor clearly spelling out the mitigation requirements
and setting a deadline for action to be taken. Additionally, Mr.
Sherrer recommended including written options to establish a
payment plan and to appeal to the Commission, as well as
informing the applicant that, should the case go to Code
Enforcement, appeals to that decision would be resolved by
Circuit Court. Ms. Hall sent a letter containing this information
to Ms. Doctor on April 12, 2007 (attached).
On April 18, 2007, Ms. Doctor met with Ms. Hall to discuss the
above-mentioned letter and her mitigation requirements. She
stated that she did not think the removed trees were that large
(diameter) and that she thought she had pictures taken when
she moved in to prove it. Ms. Hall informed Ms. Doctor that
the stumps were examined after removal to determine the tree
size and pictures would not change the determination of the
Tree Conservation Board, but that she had the right to appeal
the decision to the City Commission, at which point Ms. Doctor
requested to do just that.
BUDGET: None.
RECOMMENDATION: Staff recommends affirming the Tree Conservation Board's
assessment of required mitigation for un-permitted tree
removal in the amount of 46" of oak, $5,382 or some
combination thereof. Staff also recommends granting Ms.
Doctor partial credit for the seven (7) approximately one inch
(1 ") diameter trees already planted in mitigation
ATTACHMENTS: Written Request to Appeal Decision of the Tree Board
Picture Showing Stumps after Removal
Tree Removal Permit Application
Minutes from the Tree Conservation Board (11/08/06;
12/13/06; 02/14/07; 02/28!07; 03114!04; 03/28; 4/11 /07)
Correspondence with Ms. Doctor (3 letters from COAB)
REVIEWED BY CITY MANAGER:
May14"', 2007 Regular Meeting
AGENDA ITEM !t 8A ~ ~( ~-~~ ~ ~~_
MAY 14, 2007 lJ
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AGENDA ITEM # 8A
MAY 14, 2007
.`il ;~
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''" J'`'~ CITY OF ATLANTIC BEACH
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_~ TREE REMOVAL APPLICATION
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All applications must be submitted with three (6) copies and received by 5:00 p.m. on the Friday
ten (10) days prior to the scheduled meeting in order to be placed on the Tree Conservation Board
agenda. The Tree Conservation Board meets twice per month on the 2nd and 4'" Wednesdays.
INCOMPLETE APPLICATIONS OR INACCURATELY
MARKED SITES WILL NOT BE PROCESSED.
.-
1. Applicants Name:
Address:
Telephone #:
2. Address or Legal Description
Of Tree Removal Site
(If legal description, list closest
cross street
3. Reason for Proposed
Tree Removal
4. Has this site been to the Tree Boar Before?
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5. Have the proposed on-site retention areas been reviewed by the Public Works Director (247-
5834)? (Circle) YES NO ,NOT SURD ~
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Please provide the following information:
6. SITE PLAN/TREE SURVEY indicating:
a. Property lines and clearly showing interior /exterior zones
b. Existing and proposed structures.
c. Location of utilities and easements as applicable.
d. Location, species and size of all trees with Diameter at Breast Height (D.B.H.) of six inches or
more.
e. Location, species and size of all trees to be removed should be clearly marked with an "X".
f. Location, species and size of all trees to be preserved on-site for replacement must be marked
with brackets "[ J".
g. Location, species and size of any proposed new replacement trees marked with a circle "O".
h. Location, species and size of all trees to be preserved on-site with barricading at tree drip line
noted.
7. ON-SITE REQUIREMENTS:
~) Barricading at tree drip line of all trees to be preserved.
'~ Address/legal description must be posted in a conspicuous manner on site.
c. The property corners must be marked by stakes or paint indicating the lot.
800 Seminole Road • Atlantic Beach, FL 32233-5445
Phone: (904) 247-5800 • Fax: (904) 247-5864 • www.coab.us
Page 1 of 4 Revised 5/06
AGENDA ITEM # 8A
MAY 14, 2007
d. All trees identified for removal MUST BE MARKED ON-SITE BY RED/ORANGE flagging, paint of
tape.
e. All trees to be preserved on-site for mitigation MUST be marked with BLUEIGREEN flagging,
paint or tape.
8. LIST TREES PROPOSED FOR REMOVAL:
_ ___~_ DIAME_TER OF TREES " _ ~
~ ~
SPECIES ~ INTERIOR ZONE ** EXTERIOR ZONE **
APPLICANT'S
COMMENTS ~ _
OFFICE USE
ONLY
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9. CHOICES FOR REPLACEMENT:
Choose one or a combination of the following to compensate for trees removed (Note: 1 inch of
mitigation is required for every 2 inches of protected trees removed)'
a. Protect (save) other trees that qualify and mark trees to be protected on site.
b. Plant new trees on site.
c. Pay money into the Tree Fund at the current rate ($1 ~ 7 per inch - 2006).
d. List in the columns below by diameter inches, for your choice of mitigation or replacement
trees by inches.
DIAMETER OF RP OTECT PLANT NEW PAY INTO TREE
SPECIES TREE TREES FUND
10. I HEREBY AGREE TO COMPLY WITH ALL PROVISIONS OF CHAPTER 23, ARTICLE II, TREE
PROTECTION, AND ALL OTHER APPLICABLE CODES AND ORDINANCES OF ATLANTIC BEACH.
Applicant's Signature
Date
Owners Signature Date
~ _
Tree Conservation Board Chair Date Cam`
(`) Diameter at Breast Height {D.B.H.), is measured at 4.5 feef above grade. To accurately tletermine diameter, measure the
trunk circumference and divide by 3.14. Diameter of multi-trunked trees is determined by adding together the diameter of each
trunk as measured immediately above the forks.
(") Interior Zone. Outside the 20-foot frontlrear setbacks and the 7.5 feet side setbacks (see diagram on following page)
(") Extenor Zone: Within the 20-foot fronUrear setbacks and the 7.5 feet side setbacks (see diagram on fotlawing page).
800 Seminole Road • Atlantic Beach, FL 32233-5445
Phone: (904) 247-5800 • Fax: (904) 247-5854 • www.coab.us
Page 2 of 4 Revised 5106
This approval veriflea com Ifance with applicable
zoning, subdivision en oihar local land ~ G
i
development regulations, t does not constitute .~ ~
This Pa-t~an Of' lof B No/ /nc/catrd !n Thai Suwey ~ q H approval for the issuance permits. Camptiance ~ .,
~ S. ~ with Florida Building Code nd ell other applicable N m
`i ^ •~- 'o f ~ `~ local, State and Federal p rmitting requirements g '~
~~ '~" l ~ i w must be verified by signatu of the City of Atlantic ~ ~
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8 p-i lC-Ji !-~ v Beach f9uifding Official pridr. to the lsauance of • a
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(BEAR/NGS ARE BASED LYJ THE WEST R/GNT-Of-WAY L/NE ~ I { ~ ~ ; " ~ ~
OF /GtRDAN STREET AS BE/N6 S 00 %5'00'£ J3 Y~L~+J` ``a ~ ~~ ~ - 1 i r ~ , i
NO BUJLDlNG RESTR/CTIC;vM1I UNE BY PLAT; BUT THERE MAY
BE RESTRJCTlA4 LINES CaR EASEMENTS THAT AFfECT TNlS
PROPERTY 8Y ZON/NG OR RECORDED !N THE PURL/C ~ ,~°'°~ ~ ~~
RECCaRDS OF THIS COUNTY THAT ARE NOT SHOWN ON ~~w. titi~~oo
TN/S SURY£Y.
TN~iS PRA°ERTY LJFS /N FLOOD ZONE X" BY FLOOD MAPS ~g ~l~ ~; 6 ~~~`~
REVISER 9/!7/89, CCk11MUN/TY PANEL NO. /2D075 0001 D.
City of Jltlan:ic E3each
oaii~inv arttJ 6nfii~
PREP.tRED f0R THE ~ENEFJr oF:
B~ATWRIGHT cYNTNrd ,~OCI'oR
l_ SID ya~lr~ r fQ.e Nr/.c~sW~TY of rH£ ~tcKSoNYrccE
~RVEYORS, ~xf.4CNES d~b~a tgf~CNEJ NdBII.4T
_ - _ D; l3/A: `~ ~~~ ,i;~; oQJ/EY.s • TITLE INJ~R~NCE fUNO, /NC.
OONANDO, 8 ' L ~ JNf EN~(,(~/Y P..(.
DURDEN LAND ~ ,
SURVEY 0 R S DONN w. 60ATWRIGHT, P.S. . ~' {f
\ fLOR1DA LIC. 5URYEYOR and MAPPER N0. LS 3295
FLOk10A LICENSED SUNYEYiNG AHD f1APP{HC BUSINESS NO. 1672
1711 SOUTH 5TH STREET DATE: ~tUG[/fT 21 zDOj
JACK50NViLLE BEACH, FLORIDA 32250 SCALE: ~~ `j L1.
(90<) 2<9-726! FAX (90<) 241-3346
THIS AlAP OF SURVEY 1S NOT VALiD UNLESS tT lS SlCNED
AND NAS THE RAISED _SEAL OF A FLORIDA LAND SURVEYOR. DRAWING FILE N0.
AGENDA ITEM ~ 8A
MAY 14, 2007
dlirtutes of ,1~ovember 8, ?406, Tree Conservation Board
MINUTES OF TE-lE
REGULAR MEETING OF THE
TREE CONSERVATION BOARD
November 8, 2006
A regular meeting of the Tree Conservation Board was held Wednesday, November 8, 2006
at the Adele Grage Cultural Center. Present were Chair Maureen Shaughnessy, Jim McCue,
Carole Varney, Stephanie Catania, Public Works Director Rick Carper, and Recording
Secretary Bambi Dickinson. Charles Carroll was absent.
1. Call to Order
The meeting was called to order at 7:OOpm.
2. Recognition of Visitors
None
3. Approval of Minutes from October 25, 2006 Regular Meeting
Stephanie Catania motioned to approve the minutes from the October 25, 2006 regular
meeting. Jim McCue seconded the motion and it passed unanimously.
4. New Business
Tree Removal Permit Applications -None to review.
Tree Removal Without Permit
A. 1680 Jordan Street
Cynthia Doctor was present to address the Board in regards to the removal of three water
oak trees in the city right of way without a permit. She stated a man on a bicycle stopped
by her home and asked if she wanted any trees removed. She directed the man to clean up
a palm in the front yard and remove three other trees. The cost for this removal was
$175.00. Public Works Director Rick Carper asked Ms. Doctor is she could provide the
name of the individual or business that removed the trees and she could not. The person
who removed the trees left the debris for the city to clean up. The stumps of the removed
trees were measured at 10", 14", and 22" for a total of 46 inches to be mitigated at 100%.
A motion was made by Jim McCue to table this issue until the neat meeting to allow
Ms. Doctor time to inform herself of the city ordinances relating to tree removal in
order for her to make informed decisions about mitigation for the removed trees.
Stephanie Catania seconded the motion and it passed unanimously.
Public Works Director Rick Carper provided Ms. Doctor wish a copy of the Ordinance
and Tree Removal Application to complete and submit. She was instructed to appear on
December 13, 2006 at 7:OOPM for further discussion with the Tree Board on this issue.
5. Old Business
A. Ken Branholm - 342 5~' Street
Ken Branholm of 11433 Saints Road, Jacksonville, Florida, 32246, was present, as
owner of 342 5~' Street to address the Board in regards to a possible lien being placed
on his property due to money owed the tree fund. He is requesting that a lien not be
AGENDA ITEM # 8A
MAY 14, 2007
alinutes of Uecenrber 13, ?OOh, Tree Conservation Board
of a home and the request for removal of the Laurel Oak and Sabal Palm was due to a
certified Arborist recommendation. A letter from the Certified Arborist was provided.
A motion was made by Jim McCue to request the Building Official to issue a Tree
Removal Permit for 377 12"' Street to remove trees as indicated on the application
(1 - 25" Magnolia in the interior zone, 1 - 29" Laurel Oak, and 1 - 10" Sabal Palm
in the exterior zone). The Laurel Oak and Sabal Palm do not require mitigation due
to being diseased.. The 25" Magnolia requires 12.5" of Hardwood to meet mitigation
requirements. -The mitigation requirement and completion of this application should
be coordinated between the liaison (Rick Carper) and Mr. Tomson at a future date.
Stephanie Catania seconded the motion and it passed unanimously.
C. 149b Camelia Street
Public V~orks Director Rick Carper reviewed the Tree Removal Permit issued by PWD.
A retired couple had requested the removal of a pine tree in the right of way due to the
pine needles damaging their car and roof. The couple's church was going to do the
removal for them.
5. Old Business
A. 1680 Jordan Street -Cynthia Doctor
Cynthia Doctor was present and provided a document showing the survey of her home.
Jim McCue was approached by a man riding a bicycle and requested the name of the
tree firm he represented. Mr. McCue is going to a-mail the information to Rick Carper
so Ms. Doctor can research and see if this is the same person who cut down her trees.
Ms. Doctor asked if she could plant new trees where the old ones were in order to help
meet mitigation requirements. The Tree Board reminded her the replacements oak trees
must be 4" or larger than and that Oaks must be replaced by Oaks according to City
Code. In addition, three trees must be planted in the front of her home and the others
could be placed in the side yard or back yard. Rick Carper informed her to get a right
of way permit from the Building Department before grinding the stumps up.
A motion was made by Jim McCue to instruct the Building Official to extend a
Tree Removal Permit for mitigation in regards to the removal of a 1 - 10" Oak, 1
- 14" Oak, and 1 - 22" Oak all located in the exterior zone right of way. The
removal requires• 46" of mitigation (100% replacement required because of
removal without permit) with a minimum of 3 Oaks and other hardwoods to
provide 46" of replacement. In addition, request this matter be turned over to the
Code Enforcement Board. Carole Varney seconded the motion and it passed
unanimously.
Ms. Doctor expressed concern about choosing replacement trees and how to place them
appropriately. Carole Varney, who is a Master Gardener, offered assistance with
placement of these trees and provided Ms. Doctor with her phone number.
B. 620 Beach Avenue
Rick Carper informed the Tree Board that Chris Lambertson, the contractor constructing
620 Beach Avenue, sent a letter to request his application be modified to include the
2
AGENDA ITEM # 8A
MAY 14, 2007
,liinutes oJFebruarv 14, ?007. Tree Conservation Board
Lambertson. The 620 Beach Avenue site had trees removed without a permit. The request for
1250 East Coast Drive is a modification to an original request for removal of four additional
trees.
C. 1220 East Coast Drive
A letter sent to Mr. Roskein regarding mitigation trees that died in the one year since planting
was discussed. Mr. Carper reported that the Roskeins' had already replanted Oaks to replace
the dead trees and invited him by to see them.
6. Old Business
A. Cynthia Doctor -Tree Cutter
Mr.Carper reported that he sent a letter to Ms. Doctor with the names of the possible tree
cutter that removed her trees. She did not recognize them and would probable not be able to
identify the cutter unless she could visually identify him. Ms. Varney reported she had sent
an article to Ms. Doctor regarding the Greenscape Tree giveaway. Mr. McCue inquired if
Habitat for Humanity had been notified regarding this issue. Mr. Carper stated they have
been notified and will re-emphasize this issue at future closings. Mr. McCue asked if City
Commissioners had been notified of this issue. Mr. Carper stated that Ms. Doctor's situation
had not been discussed with the Commissioners.
B. West 6`~ and Stocks
Chair Shaughnessy expressed concern regarding a missing Cherry Tree and a large mound
of dirt on the grass located on the right-of--way. Mr. Carper stated he would investigate.
7. Reports & Announcements
A. Introduction of new liaison -Erika Hall
Erika Hall was introduced, as Planner II for the City of Atlantic Beach, and will be the new
Tree Board Liaison effective March 1, 2007. Ms. Hall had attended a workshop in St.
Augustine regarding the 2007 Urban and Community Forestry Grant. She provided all Tree
Board Members with an information sheet regarding the grant, how it is awarded, and
possible options to utilize the funds. She requested that Tree Board Members provide input
on possible options or ideas. There was a general consensus among Board Members that a
first priority or need would be for the Tree Ordinance to be rewritten.
B. Tree Ordinance modifications - Conunission action 02/12/07
Mr. Carper reviewed the changes that were approved by the Commission on 02/12/07.
The changes include:
• A definition of clear cutting was added.
• The fee for clear cutting was raised to $5.00 a square foot.
• "Hardwood trees or yielding a similar canopy."
8. Adjournment
A motion was made by Jim McCue to adjourn the meeting at 8:2Qpm. Carole Varney
seconded the motion and it passed unanimously.
Chairperson
~~ moo
Date
2
AGENDA ITEM # 8A
MAY 14, 2007
Minutes of February 28, 2007, Ti•ee Conservation Board
the future he is going to make a motion to defer any action on applications until the forms are
completely filled out. The previous applications reviewed where not complete and it makes
the approval process difftcult without all the correct information. The Board requested that
the clerk at City Hall review applications for completion before accepting them. Ms. Hall
stated she was going to start proofreading applications and reviewing them when submitted.
B. 801 Atlantic Boulevard (Jax FCLn
Applicant was not present to address the Board in regards to the application. Board
Members recalled a previous application for the property being submitted. The application
as submitted was not properly completed.
A motion was made by Jim McCue to defer any action on the application until the firm
can present a proper completed application and landscape plan. Stephanie Catania
seconded the motion and it passed unanimously.
E. Citizen report of tree removal at 825 Sherrv Drive, question on 871 Sherry
Chair Shaughnessy stated she had pictures dated May 26, 2006 of the property at 871 Sherry.
Her concern is that the applicant waited just beyond six months after the Tree Board
Application was approved to start construction on a pool. The applicant by doing this
avoided mitigation and having to pay into the tree fund.
The Board Members requested that 825 Sherry Drive and 871 Sherry Drive be placed on the
agenda for the next meeting since no one has seen the report and follow up needs to be done.
5. Old Business
A. C_ ynthia Doctor
Ms. Hall reported that Mr. Carper had received a message from Ms. Doctor that seven
trees had been planted in her yard. Ms. Varney requested that Ms. Hall be sure and that
Ms. Doctor knows how to praperly care for the trees.
Ms. Varney inquired how a new resident moving into the community would know about
Atlantic Beach Tree Ordinances. Ms. Hall suggested possibly having a notice put on the
utility or water bills. In addition, maybe a handout or flyer could be given when they
sign up for utilities at City Hall.
A motion was made by Jim McCue to request Ms. Hall and staff to come up with an
idea to include information concerning the tree ordinances in Atlantic Beach which
might be tied together with the application for use of utilities. It needs to be done in
such a way that a signature is obtain so that a written record exist that they are
aware of tree ordinances. It is requested that a report be presented at the next
meeting on March 14, 2007. Stephanie Catania seconded the motion and it passed
unanimously.
AGENDA ITEM # SA
MAY 14, 2007
Minutes of March 14, 2007, Tree Conservation Board
property. It was noted that one 36" palm was located in the
right-of-way and therefore would require 100% mitigation.
A motion was made by Board Member Stephanie
Catania to issue a Tree Removal Permit for 801 Atlantic
Boulevard (Jax Federal Credit Union building) for the
removal of three (3) 18" Palms, one (1) 30" Palm, and
one (1) 36" Palm in the exterior zone; and, one (1) 36"
Palm in the right-of--way. Total mitigation would be
provided by the planting of fourteen (14) 8-10" Sabal
Palms, two (2) 3" Live Oaks, and twelve (1 Z) 2.5" East
Palatka Hollies. Board Member Carole Varney seconded
the motion and it passed unanimously.
5. Old Business
a. 620 Beach Avenue
It was noted by Erika Hall that at the February 28th meeting a letter
proffered by Chris Lambertson of Elite Homes, dated November 30,
2006 and referring to three trees that had been removed from the
site without permit, had not been read into the minutes and thus
was not included in the motion for permit and the subsequent
mitigation requirements. Ms. Hall said that the omission was
realized the next day and that she had contacted Chair
Shaughnessy who allowed that the mitigation for these three trees
should be included in the required mitigation statement of the
permit and that it would be discussed at the March 141h meeting so
that there was an official record establishing receipt of the letter and
proper mitigation of 100% of 41" of Palm for those trees removed
without permit.
b. 1680 Jordan Street
Ms. Hall informed the board members that she had tried to contact
Ms. Cynthia Doctor regarding her tree mitigation on several
occasions but had been unsuccessful. Chair Shaughnessy noted
that she had realized that Ms. Doctor had never signed her
application and that this should probably be pursued pending
possible future legal issues.
Board Member Carole Varney asked should the board members try
to approach and discuss this issue with City Commissioners.
Discussion was had as to how the Commission might handle this
matter: Would they maintain Ms. Doctor's obligation to replace
100% of the removed Oaks or would they work with her to come to
some sort of compromise or offer some sort of assistance given her
circumstances? Ms. Shaughnessy noted that due to Florida
Page 2 of 8
AGENDA ITEM # 8A
MAY 14, 2007
Minutes of March 14, 2007, Tree Conservation Board
Sunshine Laws, two members of the same board cannot meet
outside the sunshine, but that did not preclude individual members
of the Tree Conservation Board meeting with individual members of
the City Commission to discuss the manner.
Board Member Stephanie Catania recommended that Ms. Hall draft
a letter to Ms. Doctor, summarizing the situation thus far and
explaining to her the potential consequences of not meeting her
obligations to mitigate the removed trees. Ms. Varney requested
that the letter might offer Ms. Doctor some alternatives to obtaining
low-cost or free trees or perhaps some ideas for raising money to
pay into the tree fund. Ms. Varney mentioned that Hickory Creek
and Mulch Masters were usually good places to look.
Board members agreed that a letter should be sent to Ms. Doctor.
Chair Shaughnessy said that she would try to speak with
Commissioner Fletcher and Commissioner Simmons, while Board
Member Varney said that she would speak with Commissioner
Borno regarding the matter. It was agreed by all that this matter
needs to be moved in the direction of resolution and gotten off the
table.
c. Dora Road property
Erika Hall told the board members that she had sent a letter to
Greg Birdsong in response to his notice of land clearing of the Dora
Road property. Members stated that they had received the letter in
their packets. Ms. Hall stated that Mr. Birdsong came to City Hall
within an hour (March 1, 2007) after receiving a faxed copy of the
letter. There he spoke with Sonya Doerr, Community Development
Director, who confirmed the specifications of the letter and directed
Mr. Birdsong to follow proper procedure by first conducting a tree
survey and filing a tree removal application before proceeding with
other site preparations. Mr. Birdsong stated that he would go to the
site and immediately halt the work that was supposed to begin that
morning.
Chair Shaughnessy stated that she had gone out to the property to
take a look and she saw that there were large piles of dirt that had
been pushed up against trees, and there were pieces of large
equipment present. Further, she said that it appeared that one
machine had made a large swath into interior of the property.
Members asked whether Mr. Birdsong had yet submitted a tree
removal application, and Ms. Hall stated that she had not seen any
materials from Mr. Birdsong.
Page 3 of 8
AGENDA ITEM # 8A
MAY 14, 2007
,1/inu/ec of ~t/nrch 28, 20(17, Ti•ee Cnnseri~a/ion Bnnrtl
Ms. Catania made a motion that Ms. Hall issue a tree
removal permit for 333 11~h Street, for the removal of 1-10",
1-18" and 1-24" Oak, located in the interior, and 1-8", 1-10"
and 2-20" Oaks, located in the exterior, with no mitigation
required. Additionally, Ms. Hall is directed to recommend
that the applicant consult with a Certified Arborist to seek
alternatives to the removal of the Oaks (especially the 20"
in the rear exterior), as the lend much to the quality of life
and character of the neighborhood. Mr. McCue seconded
the motion and it passed unanimously.
5. Old Business
None.
6. Reports & Announcements
a. Mitigation
i. 1680 Jordan Street
Ms. Hall reported that she had written/sent a letter via certified
mail to Ms. Doctor on 3/21/07. Board members acknowledged
the copy provided in their meeting packets. Ms. Hall said that
Ms. Doctor had come by City Hall on 3/27/07 after receiving her
letter. She stated that she had had phone problems and was
unable to retrieve messages and thus did not know that Ms. Hall
had been trying to contact her. Ms. Doctor stated that she had
gotten 6 trees from the tree give-away that Board Member
Carole Varney (absent) had told her about. She planted four (4)
in the front yard and two (2) in the back yard. All are
approximately 6' tall and 2-3" in diameter.
Mr. McCue questioned whether Ms. Doctor was aware that
those trees were inadequate to serve as mitigation because
they were under the 4" requirement. Ms Hall said that she had
been told that Ms. Doctor had been provided with a copy of the
tree ordinance and thus assumed that Ms. Doctor was aware of
the mitigation requirements. However, Ms. Hall stated that Ms.
Doctor had inquired if she would be required to plant more
trees. Ms. Hall told Ms. Doctor that she was merely the staff
liaison to the Tree Board, and she would have to confer with
them as to her mitigation requirements. Mr. McCue stated that
this situation had gone on long enough -nearly six months -
and that it was time to get it off the table. The Tree Board had
considered every possible alternative, but they are in no position
to do anything other than what the ordinance provides. All
present agreed.
Page 3 of 5
AGENDA ITEM # 8A
MAY 14, 2007
Alinrrtes o/•~llurcll Z8, 2007, Tree Conser~u~tiar donr~!
Mr. McCue made a motion that Ms. Hall inform the members
of the City Commission of the situation and seek guidance
as to how it should be resolved. Ms. Catania seconded the
motion and it passed unanimously.
ii. 589 W 14t" Street
Ms. Hall reported to the Board that she had researched the last
10 years of Tree Board Minutes, along with hardcopy files for
this address. She found that Mr. Russell had met his mitigation
requirements, with payment of $3000.00 to the Tree Fund (April
17, 2000 TB Minutes) and payment of $6600.00 to the Tree
Fund on May 29, 2007.
iii. 105 W 6t" Street, Lots 1-6
Ms. Hall reported to the Board that she had confirmed with the
Building Department that the structure located on Lot 5 had
been CO'd. She then sent a certified letter to the owner of
record, Ms. Loretta Nedeau, care of Mr. George Van Dusen, on
3/21/07. On 3/23/07, Mr. Van Dusen came to City Hall and
spoke with Ms. Hall, stating that Ms. Nedeau was deceased and
that he was the property owner. Mr. Van Dusen said that only
Lot 5 had been developed and that he would make application
to the tree board again before development of the other lots.
Ms. Shaughnessy noted that all the lots have been cleared of
the trees requested for removal in the previous applications and
that none of the mitigation has been met. Ms. Hall told the
Board that she had been unable to locate copies of the Tree
Removal Permit applications and therefore could not be sure of
what had existed then versus what existed now, and
subsequently could not build a case against the owner for failure
to mitigate. Ms Shaughnessy stated that she still had copies of
the applications and would bring them to Ms. Hall.
Mr. McCue made a motion that Ms. Hall should contact the
City Attorney to request that he write a letter to the property
owner stating that mitigation must be met by a particular
date, and if such mitigation is not met, liens will be placed
against all properties such that no closings could occur on
the properties until mitigation had been met. Ms. Catania
seconded the motion and it passed unanimously.
Page 4 of 5
AGENDA ITEM N 8A
MAY 14, 2007
Minutes of April 11, 2007, Tree Conservation Board
plan at a previous review by the Tree Board. Jim McCue
seconded the motion and it passed unanimously.
6. Reports ~ Announcements
a. Exempt Tree Removals
i. 345 18t Street (Arens Residence)
The Arens requested to remove a 15" Cabbage Palm from the
rear interior of their lot. The Cabbage Palm abutted an existing
patio and the Arens wish to install a trellis in that location.
Permit was issued on 4/04/2007 based upon the fact that
proposed construction of the trellis was far less than the
$10,000 threshold, and the tree was not considered a private
protected tree (less than 20" within the interior zone).
ii. 301 Pine Street (Custom Tree Service for Martin Residence)
Custom Tree Service requested to remove adiseased/dead
Pond cypress from the rear interior zone of the residential lot.
Permit was issued on 4/04/2007 based upon the fact that the
tree is visibly diseased and poses a potential hazard.
b. Mitigation
i. 1680 Jordan Street
Ms Hall reported that she had conferred with the City Clerk
regarding contact of the Commissioners to discuss this matter
and was told that Board Members are not allowed to contact
individual members and "poll" them on an issue that might go
before them. Recommendation was to discuss with the City
Attorney and the Community Development Director. She then
spoke with Sonya Doerr, Community Development Director who
said that the proper course of action would be to send the
matter to the Code Enforcement Board.
Ms. Hall also reported that she had received a call from Cynthia
Doctor on 4/11 /2007. Ms Doctor wished to know the status of
her case, and Ms. Hall explained that the Board had been
making efforts to assist her in meeting her mitigation
requirements. She still seemed not to understand the fact that
she had broken a law, and insisted that she had only cut down
three trees and she had planted seven to replace them. Ms.
Hall again explained that it was not a matter of the number of
trees, but rather the number of inches of trees that had been cut
down...that it took a great number of years for those trees to
reach that size/maturity, and that the purpose of the mitigation
was to compensate for the "lost" benefits of having those trees
present. Ms. Hall reiterated that the Board was trying to assist
Page 2 of 4
AGENDA ITEM ~ 8A
MAY 14, 2007
Minutes ofApril I1, 2007, Tree Conservation Board
Ms. Doctor, but that their hands were pretty much tied because
this was a matter of breaking a law.
The Board discussed how they might make the community more
aware of what trees they are allowed to cut down without
breaking the law or incurring mitigation fees. The Board came to
a decision of sending out letters to tree specialists and sending
brochures to realtors in order for them to help educate the public
on the local tree protection ordinance. The Board feels public
awareness of the tree ordinance will help alleviate the ongoing
problems the city and its citizens are experiencing with
unlicensed and uninsured tree services that are soliciting in the
area.
ii. 105 6th Street (Orchid?), Lots 1-6
This case is similar to the one above in which the Board feels
this case needs to be sent to Code enforcement.
iii. 1710 Park Terrace East
Ms Hall reported that Mike Burrows with Fasanelli /Atlas made
efforts to site trees for mitigation. He called on 4/04/07 to ask if
the trees could be mitigated offsite (wanted to plant at several
other properties located at Ocean Grove) and was told that
according to Section 23-17(e)(2)i, if trees could not be mitigated
onsite, the applicant would have to pay the equivalent amount
into the tree fund. He stated that they might have to plant part
and pay part.
On Mike Burrows presented a satisfactory mitigation plan on
04/05/2007, therefore setting into motion the monitoring phase.
An initial check of the property will be conducted when the CO is
issued, and reviews will take place at 6-month increments to
insure trees have survived.
iv. 1863 Mayport Road
Rick Carper noted that the plan submitted for building permit
review does not account for mitigation trees from either the
original or revised tree removal permit. Additionally, it appears
that a 17" oak on the east bank of the existing retention is
missing. Ms. Hall presented this information to the Board
Members, who discussed the case and came to the conclusion
that the applicant is not following the tree requirements.
Jim McCue made a motion to write this applicant a letter
that he needs to come before the board for possible
mitigation costs and that an interoffice memo be sent to the
Page 3 of 4
AGENDA ITEM # 8A -1
MAY 14, 2007
November 2, 2006
Ms. Cynthia Doctor -VIA CERTIFIED MAIL
1680 Jordan Street
Atlantic Beach, FL 32233
Dear Ms. Doctor:
On or about October 27`h, two water oak trees located in front of your home were cut
down. On Monday, October 30"', you called Public Works demanding that the tree
debris be picked up. Investigation confirmed these trees were located in the city right of
way and were removed without permit. Measurements taken at that time indicated the
trees were approximately 14" and 22" diameter (stump measurements). You are
requested to appear before the Tree Conservation Board to explain the removal of these
public, protected trees.
The Tree Conservation Board meets on the 2"d and 4`h Wednesdays of each month at
the Adele Grage Community tenter at Ocean Avenue and 7~' Street. The next meeting
will be on November 8~' at 7:00 pm. If you have any documents you would like the
Board to review for the meeting, please deliver them to Public Works by 4:30 pm,
Monday, November 6~'.
If you have any questions, please contact me at 247-5834.
Sincerely,
,~ ~~ C'a7~~~
Rick Carper, P.E.
Public Works Director /Tree Board Liaison
cc: Maureen Shaugnessy, Tree Conservation Board Chairperson
Alex Sherrer, Code Enforcement Officer
RC/.~
AGh~'NDA ITEM # 8A
MAY 14, 2007
4 r' '_
~'~ ..~_ ~ ``is~~ City of Atlantic Beach
~ ~rJ
,_•~..~, Sir
March 21, 2007
Ms. Cynthia Doctor
1680 Jordan Street
Atlantic Beach, FL 32233
Dear Ms. Doctor:
R00 Seminole Koad
Atlantic Beach, Florida 32233
Telephone (904) 247-5800
FAX (904) 247-5805
wvvw.coab.us
I have made several unsuccessful attempts to contact you by phone over the last couple of weeks. I
have recently taken over Rick Carpet's position as the Cit)!s liaison to the Tree Conservation Board
and I wanted to discuss your efforts to replace the trees removed from the City right-of-way in front of
your home last October.
From discussions with Mr. Carper and members of the Tree Conservation Board, it is my
understanding that you first appeared before the Board on November 8, 2006, as a result of the
removal of three oaks totaling 46". I was told that someone riding a bicycle through your neighborhood
offered the tree-cutting services, and that you were unaware of the existing tree protection ordinance
and thus gave approval. According to the minutes from the November and December Tree Board
meetings, you were given a copy of the tree ordinance and given directions as to how you might
replace the removed trees. Additionally, member Carole Vamey offered assistance in choosing and
placing trees. Unfortunately, Ms. Vamey broke her hip and was not readily available through the
holidays. However, she did report at the February 28, 2007 meeting that you had left a message
stating that you had obtained and planted several new trees. Ms. Vamey asked if I would contact you
to find out what kind of trees they were, how big they were and whether the organizations from which
you got the trees had provided information on caring for the trees, in order to ensure their survival.
At the March 14, 2007 meeting, I reported to the Tree Board that I had been unable to contact you.
Members of the hoard expressed concern over your ability to either replace the appropriate number of
inches of Oaks on your small lot or pay the alternative $5,382.00 into the Tree Fund. Members
discussed various means by which you might obtain low-cost replacement trees (such as contacting
local nurseries and garden departments) and/or raise funds (church, workplace). However, while the
members of the Tree Conservation Board are sympathetic to your situation, it is ultimately your
responsibility to either pay for or replace the removed trees.
It has been nearly six months since the trees were removed, and the lack of communication from you
leads the Tree Board to assume that you do not intend to meet your obligations. Thus, I have been
directed to inform you of the consequences. Should you make no further efforts to replace the 46" of
Oaks that were removed from the public right-of-way in front of your home or pay the equivalent dollar
amount ($5,382.00, or $117/inch) into the Tree Fund, you will be considered in violation of Article II,
Tree Protection, of Chapter 23, Vegetation of the City of Atlantic Beach Ordinances. As stated in
Section 23-17(g):
(5) Violation and penawes. A person who violates any provision of this section, and fails to
correct the violation as provided herein, shall, upon conviction thereof, be guilty of a violation of
this article and punished accordingly. A separate offense shall be deemed to have been
committed for each tree removed, damaged, or destroyed contrary to the provisions of this
article.
AGENDA ITEM # 8A
MAY 14, 2007
1680 Jordan Street
,A~larch 19, 2007
Page 2 of 2
(6) Judicial remedy. In addition to other remedies and notwithstanding the existence of an
adequate remedy at law, the city may seek injunctive relief in civil court to enforce the
provisions of this section. The city shall be entitled to reasonable attorney's fees and costs,
including appellate fees and costs in an action where the city is successful in obtaining
affirmative relief.
If you are unable to pay fines levied against you, a lien might be placed on your home or your wages
might be garnered. Thus, it is very important for you to contact either me or any member of the Tree
Conservation Board as soon as possible to discuss the status of this case.
Sincerely,
Erika Hall
Planner/Tree Board Liaison
AGENDA ITEM # 8A
MAY I4, 2007
CITY OF' A'CLANTIC B~ACN
BUtL.DING AND PLANNING
8W SEM[NOLE ROAD
ATLAN"CIC BEACH, FLORIDA 32233-5445
TELEPHONE: (9(14) 247-5800
FAX: (904) 247-5845
http://ci. at lant ic-beach. f Lu s
April 12, 2007
Ms. Cynthia Doctor
1680 Jordan Street
Atlantic Beach, FL 32233
Dear Ms. Doctor.
The purpose of this con~espondence is to serve as official notification that you have failed to meet mitigation
requirements established by the Tree Conservation Board regarding the illegal removal of three (3) trees from
the right-of-way abng the property corrxnonly known as 1680 Jordan Street.
You first appeared before the Tree Conservation Board on November 8, 2006, as a result of the removal of
three Oaks totaling 46° some time in the month of October. Because the trees were removed from City of
Atlantic Beach property without either contacting the Public Works Department or attempting to obtain a Tree
Removal Permit, mitigation was determined at the rate of 100°~6 of on-site replacement, or altematnvely,
payment of $117.00 per inch, for a total of $5,382.00, into the Tree Replacement Fund.
Members of the Tree Conservation Board have tried to work with you to meet your mitigation obligations.
However, to date, this mitigation has not been satisfied. While you have planted seven (7) trees, none of these
meet the 4" minimum diameter requirement for replacement Oaks.
In an effort to eliminate undue hardship, I am granting you 14 days from your receipt of this notification to
comply with the Tree Conservation Board's mitigation requirements. If you can neither replace the 46" of Oaks
on-site, nor pay the full amount, I can assist you in establishing a payment plan with the City of Atlantic Beach's
Finance Department. Failure to do so will resuR in Code Enforcement action, which can result in fines up to
$5,000 per tree and/or $500 per day for failure to comply with the Tree Conservation Board's findings.
Furthermore, you are reminded that any fines imposed would be in addition to the Tree Conservation Board's
assessed mitigation, and that any unpaid fines can result in liens against your property.
If you would like to appeal the Tree Conservation Board findings to the City Commission, you may take action to
do so within the same 14 days from receipt of this letter. Appeals to Code Enforcement decisions must go to
Circuit Court for resolution. To discuss this matter further, you may contact me at (904) 270-1605.
Sincerely,
~~~ ,/~.~
Erika Hall
Planner /Tree Board Liaison
cc: Sonya Doerr, Community Development Director
Rids Carper, Public Works Director
Alex Sherrer Code Enforcement Officer
Tree Conservation Board Members
