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4 Composite - EmailsThursday, November 4, 2021 at 11:47:58 Eastern Daylight Time lit Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Thursday, May 20, 2021 at 6:14:49 PM Eastern Daylight Time From. Karl J. Sanders To: Amanda Askew BCC: Karl J. Sanders Priority: High Attachments: image001.jpg, COAB Tree Mitigation Calculations (342 19th Street TPC).pdf, Code Enforcement Violation Notice - Bourdon (05-10-21).pdf Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing must have had a computer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWPA 561.386.1216 1 Mobile Page 1 of 1 Thursday, November 4, 2021 at 11:48:16 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Friday, June 4, 2021 at 4 59:18 PM Eastern Daylight Time From. Karl J. Sanders To: Amanda Askew BCC: Karl J. Sanders Attachments. image001.jpg, image002.jpg Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl Karl 1 Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAVV 561.386.1216 1 Mobile From. 'Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my Drafts" folder for some reason (I'm guessing must have had a computer/server issue and it rebooted before sending). At any rate I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Page 1 of 2 Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Karl J Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWPA 561.386.1216 1 Mobile Page 2 of 2 Thursday, November 4, 2021 at 11:48:29 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, June 8, 2021 at 5:25:33 PM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, Code Enforcement Notice 3 (06-03-21).pdf Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed . . I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same) Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and III send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry@coab.us> Page 1 of 3 Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or 3pm From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl Karl 7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office LAW x 561.386.1216 1 Mobile From: 'Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday May 20, 2021 at 6:14 PM To. Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a Page 2 of 3 letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office L A\'V._. 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 3 of 3 Thursday, November 4, 2021 at 11:48:41 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) D ate: Wednesday, June 9, 2021 at 12:29:00 PM Eastern Daylight Time From. Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela B CC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg Sounds great. I'll give you a call then Best regards, Karl Karl 3. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From. Amanda Askew <aaskew@coab.us> D ate: Wednesday, June 9, 2021 at 10:34 AM To: "Karl J. Sanders' <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about 3pm today? From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8 2021 5:26 PM To. Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4 00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed . . I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Page 1 of 4 Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and III send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAW,_ 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or 3pm From: Karl J. Sanders [mailto:kjsanders@lislawpa.com] Sent: Friday, June 4, 2021 4:59 PM To. Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a Page 2 of 4 quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl Karl .7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office LAVA, 561.386.1216 1 Mobile From. "Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6:14 PM To: Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my Drafts" folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon Best regards, Page 3 of 4 Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office AYv 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 4 of 4 Thursday, November 4, 2021 at 11:48:54 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, July 6, 2021 at 11:19:17 AM Eastern Daylight Time From. Karl J. Sanders To: Askew, Amanda, Angela Irizarry BCC: Karl J. Sanders Attachments. image001.jpg, image002.jpg, image003.jpg, image004.jpg Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City s mitigation calculations and compiling a list/size of the trees that Mr. Bourdon preserved to determine whether he is entitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally, I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa scorn 904.868.7929 1 Office r;, LAWA 561.386.1216 I Mobile From: Amanda Askew <aaskew@coab.us> Date: Tuesday, July 6, 2021 at 10:46 AM To: "Irizarry,Angela" <alrizarry@coab.us> Cc: "Karl J. Sanders" <kjsanders@kjslawpa com> Subject FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page 1 of 5 G ood morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. From: Askew, Amanda Sent: Wednesday, June 9, 2021 4:07 PM To: 'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To. Karl J. Sanders' Cc. Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about 3pm today? Page 2 of 5 From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8 2021 5:26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) H ey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed ... I can either do a zoom call or 'old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement N otice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I II send you an invite to confirm same. Thanks again, and talk soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAw, 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7 2021 at 9:38 AM To: "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page 3 of 5 H ey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or 3pm From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) H ey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. B est regards, Karl Karl 3. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office W 561.386.1216 1 Mobile From: 'Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday May 20, 2021 at 6 14 PM To: Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending). At any rate I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - Page 4 of 5 familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LA ' % , 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Page 5 of 5 Thursday, November 4, 2021 at 11:49:05 Eastern Daylight Time Subject: Date: From: To: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Tuesday, July 6, 2021 at 11:31:15 AM Eastern Daylight Time Irizarry,Angela Karl J. Sanders, Askew, Amanda Attachments: 1mage005.jpg, image006.jpg, image007.jpg, image008.jpg G ood Morning, I just tried to call you back and left you a voicemail. According to our records, Amanda offered the two options for moving forward on June 9. As of today, we still have not received an application for either option. I will be happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward. This original stop work order was posted back in August of 2020 which prompted Mr. Bourdon to submit an after the fact permit application after which communication ceased. N otices were sent in April, May and then the hearing notice in June. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, July 6, 2021 11:19 AM To. Askew, Amanda <aaskew@coab.us>; Irizarry,Angela <alrizarry@coab.us> Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City s mitigation calculations and compiling a list/size of the trees that Mr. Bourdon preserved to determine whether he is e ntitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally, I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl Page 1 of 6 Karl 3. Sanders, Esq. kjsanders@kjslawpa scorn 904.868.7929 1 Office LAW, 561.386.1216 1 Mobile From. Amanda Askew <aaskew@coab.us> Date: Tuesday, July 6, 2021 at 10:46 AM To: "Irizarry,Angela" <alrizarry@coab.us> Cc: "Karl J. Sanders" <kjsanders@kjslawpa.com> Subject: FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. From: Askew, Amanda Sent: Wednesday, June 9, 2021 4:07 PM To: 'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us know if you want to go this route and we'll issue you an ofhc al permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Page 2 of 6 Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To: 'Karl J. Sanders' Cc: Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about 3pm today? From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8 2021 5:26 PM To. Askew, Amanda Cc Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) H ey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4.00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed .. I can either do a zoom call or "old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement N otice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference CaII), and III send you an invite to confirm same. Thanks again, and talk soon. B est regards, Karl Page3of6 Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 I Office 561.386.1216 1 Mobile From. Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To: "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <airizarry@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or 3•pm From. Karl J. Sanders [mailto:kjsanders@lyslawpa.com] Sent: Friday, June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. Best regards, Karl Karl 3. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office Awu 561.386.1216 1 Mobile Page 4 of 6 From: "Karl J. Sanders" <kjsanders@kjslawpa.com> Date: Thursday, May 20, 2021 at 6 14 PM To: Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago on May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending). At any rate, I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAW 561.386.1216 ( Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City Page 5 of 6 of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https.//www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address may therefore be subject to public disclosure. Page 6 of 6 Thursday, November 4, 2021 at 11:49:13 Eastern Daylight Time Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Friday, July 23, 2021 at 4:33:00 PM Eastern Daylight Time From. Karl J. Sanders To: Amanda Askew CC: Angela Irizarry Attachments: image001.jpg Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon Have a great weekend! Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LL if f //���JT PA 561.386.1216 1 Mobile Page 1 of 1 Thursday, November 4, 2021 at 11:49:27 Eastern Daylight Time Subject: Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Thursday, September 9, 2021 at 6:03:23 PM Eastern Daylight Time From. Karl J. Sanders To: Amanda Askew CC: Angela Irizarry BCC: Karl J. Sanders Attachments: image001.jpg Hey, Amanda. Great speaking with you again this afternoon. As discussed, your office is finalizing a response letter to the documentation we submitted regarding our landscape architect's mitigation calculations and you expect that will be forwarded to me either late tomorrow or sometime on Monday. In the meantime, I will take a look at the issues that you verbally relayed to me (tree preservation credit calculations, preemption and landscape architect's methodology for calculations) so that we can provide you with prompt/complete responses once we receive your letter As always, thank you for your time and efforts in working with me to try and formulate a mutually agreeable resolution of this issue. I look forward to speaking with you again next week. Best regards, Karl Karl J. Sanders, Esq. kisanders@kjslawpa.com 904.868.7929 1 Office LAMA 561.386.1216 1 Mobile Page 1 of 1 Thursday, November 4, 2021 at 11:49:34 Eastern Daylight Time Subject: Re: 342 19th Street Date: Wednesday, September 29, 2021 at 4:52:05 PM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela, TOMBOURDON7@GMAIL.COM BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg Hey, Amanda. I've left a couple of voice mail messages regarding some questions/concerns that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo. In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding "preserved trees" and mandatory mitigation credit for same. As I have previously stated if we can resolve that issue (and I remain hopeful that we can), everything else is moot. Please let me know if you have time for a call to discuss this week. I am tied up all day tomorrow but I'm generally available on Friday anytime after 11:00 am Thanks so much, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWPA 561.386.1216 I Mobile From. Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday, September 23, 2021 at 5:30 PM To. Amanda Askew <aaskew@coab.us> Cc Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Amanda. 1 ve been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14/21. We are in the process of compiling the requested information and preparing a formal response, which we will finalize and send to you no later than October 1 (as requested) That being said, I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d). I will try calling you tomorrow to discuss further. Page 1 of 3 Thanks again, and talk soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From. Amanda Askew <aaskew@coab.us> D ate: Tuesday, September 21, 2021 at 11:38 AM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you got the attached and see if you had any questions. Please confirm receipt of this email. From. Askew, Amanda Sent: Tuesday, September 14, 2021 3:55 PM To Karl J. Sanders' Cc. Irizarry,Angela; 'TOMBOURDON7@GMAIL.COM' Subject: 342 19th Street G ood afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1st regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP D irector of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City Page 2 of 3 of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Page 3 of 3 Thursday, November 4, 2021 at 11:49:43 Eastern Daylight Time Subject: Re: 342 19th Street D ate: Monday, October 4, 2021 at 3:23:49 PM Eastern Daylight Time From. Karl J. Sanders To: Askew, Amanda CC: Irizarry,Angela, TOMBOURDON7@GMAIL.COM B CC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg H ey, Angela. Thanks for the follow-up. I'm back in the office today and have been tied up with calls/meetings since this morning. I should be freed up for a call by 4:00 this afternoon, and I was hoping that we could schedule a few minutes to speak sometime between 4 00 and 5 00 today to talk about the questions I had regarding the City's analysis of the tree removal/mitigation issues. P lease let me know if that timeframe works for you. Thanks again; and I look forward to speaking with you again soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWpA 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, October 4, 2021 at 3:12 PM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Good afternoon Karl, I just wanted to follow up on the below and your email on 9/29 to see if you have any questions. From. Askew, Amanda Sent: Wednesday, September 29, 2021 5:43 PM To: Karl J. Sanders' Cc: Irizarry,Angela; TOMBOURDON7@GMAIL.COM Page 1 of 4 Subject: RE: 342 19th Street Hello Karl, I got a message this morning that you left after 5 yesterday. I'm normally at my desk but had a board meeting. You message indicated that you would follow up via email with your questions. I have some time tomorrow (9/30) after 2pm or Friday (10/1) at gam or 10am. Just let me know if something works for you. From. Karl J. Sanders [maito:kjsanders@kislawpa.com] Sent: Wednesday, September 29 2021 4:52 PM To: Askew, Amanda Cc: Irizarry,Angela; TOMBOURDON7@GMAIL.COM Subject: Re: 342 19th Street H ey, Amanda. I've left a couple of voice mail messages regarding some questions/concerns that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding "preserved trees" and mandatory mitigation credit for same. As I have previously stated, if we can resolve that issue (and I remain hopeful that we can), everything else is moot. P lease let me know if you have time for a call to discuss this week. I am tied up all day tomorrow but I'm generally available on Friday anytime after 11:00 am. Thanks so much, and talk soon. B est regards, Karl Karl 1 Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office Awe, 561.386.1216 1 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday September 23, 2021 at 5:30 PM To Amanda Askew <aaskew a coab.us> Cc Angela Irizarry <alrizarry_@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL COM> Subject: Re: 342 19th Street Page 2 of 4 H ey, Amanda. I've been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14/21. We are in the process of compiling the requested information and preparing a formal response, which we will finalize and send to you no later than October 1 (as requested). That being said, I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d). I will try calling you tomorrow to discuss further. Thanks again, and talk soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LA f" . 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> D ate: Tuesday, September 21 2021 at 11:38 AM To: Karl Sanders <kjsanders@kjslawpa.com> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you got the attached and see if you had any questions. Please confirm receipt of this email. From: Askew, Amanda Sent: Tuesday, September 14, 2021 3:55 PM To Karl J. Sanders' Cc. Irizarry,Angela; 'TOMBOURDON7@GMAIL.COM' Subject: 342 19th Street G ood afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1st regarding the trees on 342 19th Street. Page 3 of 4 Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https.//www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholders, imagine what your community could be at its very best in the year 2040, and let us know your thoughts by completing the City of Atlantic Beach 2040 VISION Citizen Questionnaire by Oct 20, 2021. Here is the questionnaire: https://bit.ly/3ifkC6m , Here is information about the City's visioning process and why it's important: www.coab.us/vision. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 4 of 4 Thursday, November 4, 2021 at 11:49:57 Eastern Daylight Time Subject: Re: 342 19th Street Date: Monday, October 4, 2021 at 5:53:44 PM Eastern Daylight Time From. Karl J. Sanders To: Askew, Amanda BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg Hey, Amanda. Thanks again for taking time to further discuss the tree removal/mitigation issues and potential options for resolving same. As discussed, the next steps here are that you will be reaching out to the City Manager to see what number Of any) may potentially be amenable to the City as a proposed settlement of these issues (which could then be presented to the City Commission by way of an appeal of the City's interpretation of the prior Tree Code language regarding mitigation credit for preserved trees). Looking at the inventory calculations prepared by my client's landscape architect, I would suggest that a reasonable settlement offer would be somewhere in the range of $5 000. Again, this is just a suggestion as I have not yet discussed it with my client (and, of course, will need his approval first), but I wanted to provide you with a proposed number ASAP so we can continue trying to move this matter forward. And, if the City Manager believes that it is worthwhile to entertain such a proposal to settle this matter, I can certainly provide you (and him) with a detailed breakdown of how I came up with that number (i.e., I didn't just pull it out of thin air!). Lastly, I would also note that -- in the event that we aren't able to come to terms on a reasonable settlement number and have to litigate the issue of the preemption language of Section 163.045 Fla. Stat. — the Florida Legislature amended Section 57 112 in 2019 to provide for a mandatory award of attorney fees, costs and damages to the prevailing party in a civil action filed to challenge a local government's attempt to enforce an ordinance that is preempted by state law. I mention that only as another reason why I believe it makes sense for the City to seriously consider a potential settlement to resolve this issue now ... no one wants to spend time/money litigating this matter, but the potential financial exposure to the City is real (which is why I believe a settlement of $5,000 is both reasonable and justified under the current facts). In short, I sincerely believe that finding a mutually agreeable solution to this matter would be in everyone s best interests, and I continue to believe that we can find a way to make that happen. Again, I appreciate your continued efforts in working with me to try and resolve this issue, and I look forward to hearing back from you after you've had a chance to discuss this with the City Manager. Best regards, Karl Page 1 of 5 Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Monday, October 4, 2021 at 323 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: Re: 342 19th Street Hey, Angela. Thanks for the follow-up. I'm back in the office today and have been tied up with calls/meetings since this morning. I should be freed up for a call by 4:00 this afternoon, and I was hoping that we could schedule a few minutes to speak sometime between 4:00 and 5 00 today to talk about the questions I had regarding the City's analysis of the tree removal/mitigation issues. Please let me know if that timeframe works for you. Thanks again, and I look forward to speaking with you again soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office e; LAWPA 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, October 4, 2021 at 3:12 PM To. Karl Sanders <kjsanders@kjslawpa.com> Cc Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Good afternoon Karl, I just wanted to follow up on the below and your email on 9/29 to see if you have any questions. Page 2 of 5 From. Askew, Amanda Sent: Wednesday, September 29, 2021 5:43 PM To: 'Karl J. Sanders' Cc: Irizarry,Angela; TOMBOURDON7@GMAIL.COM Subject: RE: 342 19th Street Hello Karl, I got a message this morning that you left after 5 yesterday. I'm normally at my desk but had a board meeting. You message indicated that you would follow up via email with your questions. I have some time tomorrow (9/30) after 2pm or Friday (10/1) at gam or 10am. Just let me know if something works for you. From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Wednesday, September 29, 2021 4:52 PM To: Askew, Amanda Cc: Irizarry,Angela; TOMBOURDON7@GMAIL.COM Subject: Re: 342 19th Street H ey, Amanda. I've left a couple of voice mail messages regarding some questions/concerns that I'd like to run by you concerning some of the statements made in the City's 09/14/21 memo. In particular, I'd like to discuss the proposed interpretation of the applicable Code language regarding "preserved trees" and mandatory mitigation credit for same. As I have previously stated, if we can resolve that issue (and I remain hopeful that we can), everything else is moot. P lease let me know if you have time for a call to discuss this week. I am tied up all day tomorrow, but I'm generally available on Friday anytime after 11:00 am Thanks so much, and talk soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office A\A 561.386.1216 1 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Page 3 of 5 D ate: Thursday September 23, 2021 at 5:30 PM To: Amanda Askew <aaskew@coab.us> Cc: Angela Irizarry <alrizarry_@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL COM> Subject: Re: 342 19th Street Hey, Amanda. I've been tied up with another matter all week and just now saw your email from Tuesday. Thank you for the follow-up. Yes, I received your prior email and the City's attached memo of 09/14/21. We are in the process of compiling the requested information and preparing a formal response, which we will finalize and send to you no later than October 1 (as requested) That being said, I do have a couple of questions regarding the City's interpretation of its former Tree Code with respect to mitigation credit for trees preserved onsite, as per Section 23-33(d). I will try calling you tomorrow to discuss further. Thanks again, and talk soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office A` f 561.386.1216 1 Mobile MMIM From. Amanda Askew <aaskew@coab.us> D ate: Tuesday, September 21, 2021 at 11:38 AM To Karl Sanders <kisanders@kjslawpa.com> Cc. Angela Irizarry <alrizarry@coab.us>, Tom Bourdon <TOMBOURDON7@GMAIL.COM> Subject: RE: 342 19th Street Hello Karl, I just wanted to follow up on my email below to make sure you got the attached and see If you had any questions. Please confirm receipt of this email. From: Askew, Amanda Sent: Tuesday, September 14, 2021 3:55 PM To. Karl J. Sanders' Cc. Irizarry,Angela; 'TOMBOURDON7@GMAIL.COM' Subject: 342 19th Street G ood afternoon Karl, Page 4 of 5 Attached you will find the city's official response to the materials submitted on Sept. 1st regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach FL 32266 904-247-5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info a coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Atlantic Beach residents and other stakeholders, imagine what your community could be at its very best in the year 2040, and let us know your thoughts by completing the City of Atlantic Beach 2040 VISION Citizen Questionnaire by Oct 20, 2021. Here is the questionnaire: https://bit.ly/3ifkC6m , Here is information about the City's visioning process and why it's important: www.coab.us/vision. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook at www.facebook.com/cityofatlanticbeach. Florida has a very broad public records law. Most written communications to or from state and local officials and agencies regarding state or local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 5 of 5 Thursday, November 4, 2021 at 11:50:15 Eastern Daylight Time Subject: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th St (Code Enforcement Case No. 21-087) D ate: Monday, October 25, 2021 at 5:01:10 PM Eastern Daylight Time From: Karl J. Sanders To: Amanda Askew CC: Angela Irizarry B CC: Karl J. Sanders Attachments: image001.jpg, DECLARATION (with Exhs) of Michael Miller RLA re Tree Removal & Mitigation.pdf H ey, Amanda. Nice speaking with you again today. As discussed, I've attached a copy of the Verified Written Declaration from the Registered Landscape Architect that my clients retained to review the circumstances surrounding removal of the subject trees from their residential property at 342 19th Street. As more fully set forth in that Declaration, our duly licensed Registered Landscape Architect has concluded that 15 of the 20 trees which were removed from the Bourdon Residence presented a danger to persons and/or property at the time of their removal; accordingly per S ection 163.045, Florida Statues, any local regulations requiring prior notice, application approval, permit, fees or mitigation for their removal are expressly preempted by State law. Once you and your Staff have had an opportunity to review the attached Declaration, I kindly ask that you confirm the City will be revising its initial Tree Removal Calculations and corresponding mitigation assessment. S hould you have any questions or wish to discuss further, please do not hesitate to contact me. B est regards, Karl Karl 7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile Page 1 of 1 Thursday, November 4, 2021 at 11:50:49 Eastern Daylight Time Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) D ate: Tuesday, July 6, 2021 at 11:19:17 AM Eastern Daylight Time From: Karl J. Sanders To: Askew, Amanda, Angela Irizarry B CC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. I advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City s mitigation calculations and compiling a list/size of the trees that Mr. Bourdon preserved to determine whether he is e ntitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In Tight of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl • Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile ImME From. Amanda Askew <aaskew@coab.us> Date: Tuesday, July 6, 2021 at 10:46 AM To: "Irizarry,Angela" <alrizarry@coab.us> Cc: "Karl J. Sanders" <kjsanders@kjslawpa.com> Subject FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page 1 of 5 Good morning Angela, You inquired about the status of this case since it is scheduled to go before the special magistrate on 7/8. I spoke with Mr. Sanders (attorney for property owner) on 6/9 about the tree permit removal process. We have not received any documents/request for this property since the email was sent below. From. Askew, Amanda Sent: Wednesday, June 9, 2021 4:07 PM To: 'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From. Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To. Karl J. Sanders' Cc. Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about 3pm today? Page 2 of 5 From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8 2021 5'26 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4:00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed .. I can either do a zoom call or "old school" conference call .. whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference Call), and I II send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Karl 1 Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office A J 561.386.1216 1 Mobile From: Amanda Askew <aaskew@coab.us> Date: Monday, June 7, 2021 at 9:38 AM To• "Karl J. Sanders" <kjsanders@kjslawpa.com> Cc: "Irizarry,Angela" <alrizarry_@coab.us> Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Page 3 of 5 Hey Karl, I'm looping in the code enforcement officer, so she knows you are communicating with us. I'll be happy to meet/zoom/conf call with you. I'm available: Tuesday (6/8) gam or 10am Wednesday open all day Thursday 2pm or 3pm From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, June 4, 2021 4:59 PM To: Askew, Amanda Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) H ey, Amanda. I left you a vm message just a little while ago and wanted to follow-up with a quick email. I was hoping that we could schedule a date/time next week to discuss the status of this matter and potential options for resolving same. Please let me know what date(s)/time(s) might work best for you. Looking forward to it! Talk soon. B est regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office L.A\'V, 561.386.1216 1 Mobile From. "Karl J. Sanders" <kjsanders@kjslawpa.com> D ate: Thursday May 20, 2021 at 6 14 PM To. Amanda Askew <aaskew@coab.us> Subject: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) H ey Amanda. I just left you a voicemail message at the office, and wanted to follow-up with a quick email. Actually, I thought I had sent an email to you when we last spoke two weeks ago o n May 6, but I just now saw that it's in my "Drafts" folder for some reason (I'm guessing I must have had a computer/server issue and it rebooted before sending). At any rate I'd like to see if we could schedule a time to discuss the status of the tree removal/permit issue that my client (Tom Bourdon) has been trying to resolve with City Staff since August of last year. As we discussed a couple of weeks ago, Mr. Bourdon received a letter from Code Enforcement about this issue last month, and my understanding was that those efforts would be put on hold until you had a chance to review the file again and re - Page 4 of 5 familiarize yourself with the issues so the two of us could discuss a potential resolution of same. That being said, Mr. Bourdon notified me that he received a certified -mail letter from Code Enforcement this week (see attached), so I wanted to reach out again and ensure that this matter (Code Enforcement Case No. 21-087) was being held in abeyance, pending our efforts to see if we could work out a mutually agreeable solution to those issues. For your ease of reference, I've attached a copy of both the tree mitigation proposal ($33,448.00) that the City previously sent to Mr. Bourdon, as well as the above -referenced Code Enforcement notice dated 05/10/21. Please let me know if my understanding of the status of this matter coincides with yours (and if Code Enforcement has been advised of same). Assuming that we are in agreement on the status, let me know how your calendar looks for the next couple of weeks so we can try to coordinate/confirm a date to meet/discuss in detail. Thanks again for your attention to this matter, and I look forward to hearing from you again soon Best regards, Karl Karl 1 Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAVA!: 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Page 5 of 5 Thursday, November 4, 2021 at 11:50:59 Eastern Daylight Time Subject: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Date: Thursday, July 8, 2021 at 9:31:59 AM Eastern Daylight Time From: Karl J. Sanders To: Angela Irizarry Angela - Thanks again for your agreement to a deferral/continuance of the July 8, 2021 hearing date for my client's case. Per your instructions, I am providing you with the following statement/request for the Special Magistrate in connection with same: On behalf of my client, Mr Thomas Bourdon I respectfully request a deferral/continuance of the Code Enforcement hearing scheduled for July 8, 2021, regarding the alleged violations of the City's Tree Protection Ordinance. As per my discussion with Ms Irizarry, I am unable to appear at the noticed hearing due to a scheduling conflict namely, I have work-related commitments in South Florida this week that were scheduled back in April of this year, and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said, I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation, and I remain hopeful that we will be able to find a mutually agreeable resolution of this matter in short order. If, however, those efforts prove unsuccessful, we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your consideration of this request. Respectfizlly, Karl J. Sanders logo Karl J. Sanders, Esq. lcjsanders@kjslawpa.com 904.868_7929 1 Office 561.386.12161 Mobile Page 1 of 1 Thursday, November 4, 2021 at 11:51:09 Eastern Daylight Time Subject: Re: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon 342 19th St) Date: Thursday, July 8, 2021 at 1:07:31 PM Eastern Daylight Time From: Karl J. Sanders To: Irizarry,Angela BCC: Karl J. Sanders Thanks, Angela. I'll be in meetings all afternoon, but a colleague of mine (Zac Miller) will be attending the hearing today for another matter and offered to speak on my behalf regarding the deferral request if the Special Magistrate happens to have any questions regarding same. Thanks again, and talk soon. Best regards, Karl logo Karl J. Sanders, Esq. icj5anders@isjslawpa.com 9.04.868.7929 1 Office 561.386.1216 Mobile On Jul 8, 2021, at 9:41 AM, Irizarry,Angela <alrizarry@coab.us> wrote: Thank you. I will present this to the Magistrate on your behalf today. FYI...We do stream these meetings so if you'd like to log in and watch, you can do so at www.coab:us. Just scroll down to the very bottom of the home page and click Live Stream. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Thursday, July 8 2021 9:32 AM To. Irizarry,Angela <alrizarry@coab.us> Subject Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon 342 19th St) Angela - Thanks again for your agreement to a deferral/continuance of the July 8, 2021 hearing date for my client's case. Per your instructions, I am providing you with the following statement/request for the Special Magistrate in connection with same. On behalf of my client, Mr. Thomas Bourdon, I respectfully request a deferral/continuance of the Code Enforcement hearing scheduled for July 8, 2021, regarding the alleged violations of the City's Tree Protection Ordinance. As per my Page 1 of 2 discussion with Ms Irizarry, I am unable to appear at the noticed hearing due to a scheduling conflict; namely, I have work-related commitments in South Florida this week that were scheduled back in April of this year, and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said, I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation and I remain hopeful that we will be able to fmd a mutually agreeable resolution of this matter in short order. If, however, those efforts prove unsuccessful, we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your consideration of this request. Respectfully, Karl J. Sanders logo Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 2 of 2 Thursday, November 4, 2021 at 11:51:26 Eastern Daylight Time Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Wednesday, August 18, 2021 at 12:45:45 PM Eastern Daylight Time From. Karl J. Sanders To: Irizarry,Angela CC: Amanda Askew BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg Hey, Angela. I've been out of town and "off the grid" for the past few weeks dealing with family stuff ... my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week I reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the end of this week I will circle back with you and Amanda with a status update after I've spoken with him. Thanks, and talk soon. Best regards, Karl Karl 7. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From. Angela Irizarry <alrizarry@coab.us> Date: Wednesday August 18, 2021 at 10:56 AM To. Karl Sanders <kjsanders@kjslawpa.com> Subject: RE: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Karl, Good morning. I wanted to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet. Can you tell me where you are on this? From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, July 23, 2021 4:33 PM To: Askew, Amanda <aaskew@coab.us> Page 1 of 2 Cc: Irizarry,Angela <alrizarry@coab.us> Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat. (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file As always, I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Best regards, Karl Karl 1 Sanders, Esq. kjsanders@kjslawpa scorn 904.868.7929 1 Office L AW, 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 2of2 Thursday, November 4, 2021 at 11:51:36 Eastern Daylight Time Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Wednesday, September 1, 2021 at 5:30:05 PM Eastern Daylight Time From: Karl J. Sanders To: Irizarry,Angela CC. Amanda Askew BCC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, CE -- AB Tree Removal Calcs inventory site plan .pdf CE -- RLA Tree Removal & Preservation Calcs inventory site plan .pdf Hey, Angela. As discussed, my client's landscape architect has completed his review/analysis of the removed trees and mitigation issues for Mr. Bourdon, and it appears that the City s initial mitigation calculations failed to account for the on-site tree preservation credit towards the assessed mitigation for the removed trees. Bottom line is that Mr. Bourdon preserved a total of 42 trees on-site that were 3' DBH or greater resulting in a total of 433" inches of credit that is available to be used to offset the assessed mitigation number that the City calculated (i.e., 266") and thereby satisfying the City's proposed mitigation number. Per your request, I'm providing you with a summary of his findings now so that you will have that information available to share with the Special Magistrate and confirm that we have now secured and forwarded those findings to the City. Once Amanda returns back to the office (my understanding is that she's out of town this week at a work conference), I will circle back with her to discuss both the findings and next steps (if any). Lastly as I have previously represented to both you and Angela, our agreement to make a good -faith effort to seek a mutually agreeable resolution of these issues does not mean that my client has admitted to the alleged code enforcement violation that is now pending before the Special Magistrate rather, we expressly reserved our right to challenge the alleged violation, in the event that the parties were not able to come to an agreement on the proposed mitigation numbers. Again once Angela returns and has an opportunity to review our findings, we will be able to resume those discussions and, hopefully, put this matter to rest. In the meantime, here's a summary of our landscape architect's findings. Additionally as backup — and for your ease of reference — I've also attached pdf copies of both the City's initial calculations (with site plan of removed trees and inventory) and our architect's findings (with site plan of preserved trees and inventory): City Tree Removal Calculations 1. 20 trees removed (total 226") 2. No credits for any trees preserved (per Sec. 23-33(d) of AB Tree Protection Code, "existing onsite trees that are 3 inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation ... if preserved onsite) 3. City's Mitigation Assessment = 226" in new plantings or Tree Fund payment ($148/inch) of $33,448 Landscape Architect Calculations 1. 20 trees removed (total 226") 2. 15 trees presented danger to persons or property (total 176"), per Section 163.045, Page 1 of 4 Fla. Stat., and therefore not subject to local permitting/mitigation regulations 3. 5 trees did NOT present danger to persons or property (total of 50"), and therefore are subject to local permitting/mitigation regulations 4. Landscape Architect's Mitigation Assessment = 50" in new plantings or Tree Fund payment ($148/inch) of $7,400 Mitigation Credit for Preserved Trees 1. 42 trees preserved onsite that are 3 inches DBH or greater 2. Total DBH of the 42 preserved trees = 433" Mitigation Required for Removed Trees = NONE 1. Tree Preservation Credit - City's Tree Removal Calculations): 433' preserved minus 226" required = 207" surplus 2. Tree Preservation Credit - Landscape Architect's Tree Removal Calculations): 433" preserved minus 50' required = 383" surplus Thanks again, and just let me know if you have any questions. I'll be sure to keep you posted with updates on my discussions with Amanda and her staff next week. Talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWPA 561.386.1216 1 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> D ate: Wednesday, August 18, 2021 at 12:45 PM To. Angela Irizarry <alrizarry@coab.us> Cc. Amanda Askew <aaskew@coab.us> Subject: Re: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case N o. 21-087) H ey, Angela I ve been out of town and "off the grid" for the past few weeks dealing with family stuff ... my father, who lived in Phoenix, was discharged to hospice care the last week of July and passed away 2 weeks ago. I just got back to Jax late Sunday night and have been playing catch up at the office this week reached out to our landscape architect this morning to schedule a call for a status update on his findings/report, and I expect that we will have a confirmed date/time to speak before the e nd of this week. I will circle back with you and Amanda with a status update after I ve spoken with him. Page 2 of 4 Thanks, and talk soon. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office 0 LAW, 561.386.1216 1 Mobile From. Angela Irizarry <alrizarry@coab.us> D ate: Wednesday, August 18, 2021 at 10:56 AM To. Karl Sanders <kjsanders@kjslawpa.com> Subject: RE: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case N o. 21-087) Karl, G ood morning. I wanted to check in with you on the status of the arborist report and let you know that we have not seen anything from your landscape architect yet. Can you tell me where you are on this? From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, July 23, 2021 4:33 PM To Askew, Amanda <aaskew@coab.us> Cc. Irizarry,Angela <alrizarry@coab.us> Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City s review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon. Have a great weekend! Page 3 of 4 Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LMAT 561.386.1216 1 Mobile Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us., Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request Your email communications, including your email address, may therefore be subject to public disclosure. Page 4 of 4 TREE REMOVAL CALCULATIONS City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.us Permit: Site Address: REP TREE20-0034 342 19th Street Applicant: Thomas Bourdon Address: Phone: Email: TREE REMOVAL CALCULATIONS REMOVED Protected Trees Removed: Mitigation Needed: Trees Removed: MITIGATION Credit for Trees Preserved: Credit for Trees Relocated: Credit for Trees Planted: Total: Trees Preserved: Trees Relocated: Trees Planted: Legacy (non -oak) 24 24 Legacy (oak) 0 0 Oaks Palms 0 130 0 130 24" Hickory; 8", 9", 11", 2-14", 16" Trees; 8", 9", 8-10", 3-11" Palms Legacy (non -oak) 0 0 0 0 Legacy (oak) 0 0 0 0 None for credit (trees 3"-5" diameter). None for credit. None for credit. Oaks 0 0 0 0 Palms 0 0 0 0 Others 72 72 Others 0 0 0 0 Total 226 226 Total 0 0 0 0 *Planted Legacy Tree species receive DOUBLE credit when replacing non -Legacy Trees. The Legacy Tree list includes Bald Cypress Southern and Eastern Red Cedars; Winged and Florida Elms; Live and Sand Live Oaks; Hickory; Pecan; Pignut Hickory Loblolly Bay Southern and Sweetbay Magnolias; Red and Florida Maples; and Tupelo. ADDITIONAL MITIGATION REQUIRED (Mitigation Needed -- Total) New Trees Planted: or Payment Into Tree Fund**: or A Combination of the Above** Legacy (non -oak) 0 Legacy (oak) 0 Oaks 0 Palms 0 Others Total 0 226 $0.00 $0.00 $0.00 $0.00 $0.00 $33,448.00 **At least 50% of mitigation must be onsite. Additional Notes: Mitigation is 1 inch preserved or planted for every 2 inches removed. Tree Fund rate is $148.00 per inch. Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. APPROVED U DENIED TPO ADMINISTRATOR DATE d e; _ \ ? EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904 247-5800 and diameter at breast height (dbh) of all trees identified on EXHIBIT ritN a List B FOR INTERNAL PERMIT OFFICE USE ONLY # '0 9 the species ID DBH SPECIES ._ removing preserving _ "0"= replacing 1 10" Palm 2 24" Hickory 0 "Legacy Tree" (Sec. 23-33(f)(2)(c), AB Ord. Code) 3 11" Tree 4 16" Tree 5 11" Palm 6 10" Palm 7 10" Palm 8 10" Palm 9 9" Palm 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 0 16 8" Palm 17 14" Tree 18 8" Tree 19 14" Tree 20 10" Palm 0 Total DBH 266" 02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018 Tree #13: 11" Palm aaal „6 :tt# aaal IUICd „1T :0T# Oa -1i CO H' HI HI O O O v v_ 3 3 3 —1 rD m t (71 N a) 3 aaal „TT :E# aaal H rD t N N n 7r 0 wIad „OZ :Z# aaal EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 List the species and diameter at breast height (dbh) of all trees identified on EXHIBITI3 Landscape Architect's Calculations (Removed Trees) ID DBH SPECIES 02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018 "X"= removing []= preserving Sec. 163.045 Preemption COMMENTS 1 10" Palm 2 24" Hickory 3 11" Tree 4 16" Tree 5 11" Palm 6 10" Palm 7 10" Palm 8 10" Palm 9 9" Palm 10 11" Palm 11 9" Tree 12 10" Palm 13 11" Palm 14 10" Palm 15 10" Palm 16 8" Palm 17 14" Tree 18 8" Tree O 0 19 14" Tree 20 10" Palm Tota i50" 50" DBH based on the 5 removed trees that did not present danger to persons/property (163.045, Fla. Stat.) 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EXHIBIT C: TREE MITIGATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, (P) 904-247-5800 and diameter at breast height (dbh) B PRESERVED TREE INVENTORY List -gni the species ID DBH SPECIES removing preserving replacingCOMMENTS (for use by City Staff) 1 11" Palm • 2 5" Palm • 3 23" Oak 4 9.5" Sweetgum 5 10" Sweetgum 6 8" Sweetgum 7 8.5" Sweetgum 0 8 9" Sweetgum 0 9 10" Sweetgum 0 10 7.5" Sweetgum 11 8" Sweetgum 12 11" Sweetgum • , 13 10" Sweetgum 0 14 10" Palm 0 15 12 5" Palm 0 16 14" Sweetgum 0 17 8" Sweetbay Magnolia 0 18 6" Sweetbay Magnolia • 19 11" Palm • • 20 12 5" Palm 0 21 13" Palm • 22 13" Sweetgum 23 12" Palm • 24 10" Sweetgum 0 25 12" Palm • 02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018 rJ i�-vif, ,ht 0i31P� M. s J 0 EXHIBIT C: TREE MITIGATION WORKSHEET City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 and diameter at breast height (dbh) of all trees identified on EXHIBIT B PRESERVED TREE INVENTORY J List the species ID DBH SPECIES "X"= removing preserving — "0"= replacing COMMENTS (for use by City Staff) 26 11" Palm 27 8" Sweetgum 28 6" Oak 29 9" Palm 30 3.5" Sweetbay Magnolia 31 3.5" Sweetbay Magnolia 32 12" Palm 33 12" Palm 34 12" Palm 35 13" Oak 36 11" Palm 37 11.5" Palm 38 12" Palm 39 9.5" Palm 40 12 5" Palm 41 11" Palm 42 11" Palm Total DBH 433" 02 TREE REMOVAL - EXHIBIT C: Tree Mitigation Worksheet 03.01.2018 Thursday, November 4, 2021 at 11:52:31 Eastern Daylight Time Subject: Re: Magistrates Order Date: Wednesday, September 1, 2021 at 5:40:48 PM Eastern Daylight Time From: Karl J. Sanders To: Irizarry,Angela Attachments: image001.jpg Thanks, Angela. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 l Office LAW, 561.386.1216 l Mobile From. Angela Irizarry <alrizarry@coab.us> Date: Wednesday, September 1, 2021 at 4:47 PM To. Karl Sanders <kjsanders@kjslawpa.com> Subject: Magistrates Order Per your request here is the order from July. Angela Irizarry Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 O:(904) 247-5855 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 1 of 1 Thursday, November 4, 2021 at 11:52:40 Eastern Daylight Time Subject: Re: Magistrates Order Date: Wednesday, September 29, 2021 at 5:00:25 PM Eastern Daylight Time From. Karl J. Sanders To: Irizarry,Angela CC: Amanda Askew Attachments: image001.jpg, image002.jpg, image003.jpg Hey, Angela. I never received a reply to this email, so I thought I'd follow-up with a reminder email. 1. Who prepares the draft Code Enforcement Orders for the Special Magistrate's review/signature? 2. Were draft Orders from the last meeting prepared or circulated for review? 3. Is there a final (signed) Order from the Special Magistrate regarding her directives concerning my client's matter at the last meeting? Thanks so much. Best regards, Karl Karl J. Sanders, Esq. kisanders@kjslawpa.com 904.868.7929 1 Office LAW,,, 561.386.1216 1 Mobile From: Karl Sanders <kjsanders@kjslawpa.com> Date: Thursday, September 9, 2021 at 6:12 PM To: Angela Irizarry <alrizarry@coab.us> Cc. Amanda Askew <aaskew@coab.us> Subject: Re: Magistrates Order Angela — I just wanted to follow-up with you on the status of the Special Magistrate's verbal order at the Code Enforcement proceedings last week. I spoke with Amanda regarding the mitigation issues earlier today, and my understanding is that the Order has not yet been pen. t any finalized/signed, as it typically takes (or omeo�e else from the Cr so for that to ity) is pAann ng toeema emwant ail copyto ensure that Code Enforcement of that Order to me as soon as it's signed/issued I'm assuming that Code Enforcement prepares the draft orders for the Special Magistrate's review/signature ... If that's not the case please let me know who it is that I need to contact to ensure that I receive a copy of the Order as soon as the City is in receipt of same. Thank you. Page 1 of 3 Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAW 561.386.1216 1 Mobile From. Karl Sanders <kjsanders@kjslawpa.com> Date: Wednesday, September 1, 2021 at 5:40 PM To: Angela Irizarry <alrizarry@coab.us> Subject: Re: Magistrates Order Thanks, Angela. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAWA 561.386.1216 1 Mobile From. Angela Irizarry <alrizarry@coab.us> Date: Wednesday September 1, 2021 at 4:47 PM To: Karl Sanders <kjsanders@kjslawpa.com> Subject: Magistrates Order Per your request here is the order from July. Angela Irizarry Angela Irizarry, Code Enforcement Officer City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 0 (904) 247-5855 Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and Page 2 of 3 media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. Page 3 of 3 Thursday, November 4, 2021 at 11:53:37 Eastern Daylight Time Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Wednesday, June 9, 2021 at 10:34:08 AM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela Attachments: image004.jpg, image005.jpg, image006.jpg How about 3pm today? From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, June 8 2021 5:26 PM To. Askew, Amanda Cc. Irizarry,Angela Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Amanda. Thanks so much for the reply ... my schedule is pretty flexible tomorrow afternoon ... I'm available from noon -4.00 (have to leave office for another meeting at 4:30). Let me know what works best for your during that timeframe and we'll get it scheduled/confirmed . . I can either do a zoom call or `old school" conference call .. . whichever you prefer. Also, I received an email from my client yesterday regarding another Code Enforcement Notice that he received (see attached). This notice states that the matter has been set for hearing on July 8? I'm assuming that Code Enforcement did not receive word that you and I have been communicating/attempting to schedule a time to discuss this matter (and, hopefully, resolve same). Ms. Irizarry — I'd like to see if the noticed hearing will be canceled or otherwise continued/held in abeyance until such time as Amanda and I have had a chance to try and work through these issues. Of course, if we are unable to come to a mutually agreeable resolution of the issues, the hearing could be regarding -noticed for a future date. But, again, I'm hopeful that won't be necessary. Please let me know your thoughts on this. Amanda — Just shoot me an email with a time that works best for you between noon and 4:00 tomorrow (and preference for either Zoom or Conference CaII), and III send you an invite to confirm same. Thanks again, and talk soon. Best regards, Karl Page 1 of 3 Thursday, November 4, 2021 at 11:53:50 Eastern Daylight Time Subject: FW: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Monday, June 28, 2021 at 5:02:58 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, 342 19TH ST RES20-0226_2.pdf, 342 19th St Permit Application - roof.pdf, 07-09-18 Commission Minutes.pdf, July 9 Waiver Update (002).pdf From: Askew, Amanda Sent: Wednesday, June 9, 2021 4:07 PM To: 'Karl J. Sanders' Cc: Genest, Abrielle (agenest@coab.us); Irizarry,Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Attached you will find info. about the two permits (roof and remodel) for 342 19th Street. To appeal staff's interpretation of Chapter 23 (i.e., size, type and number of trees) you would follow section 23-52(g)(2). We have not officially issued a draft permit. In order to appeal, the applicant has to do so within 5 business days of the written draft permit approval. We would issue a draft permit approval with conditions (conditions would be the replanting and/or payment shown on the tree removal calculations form). Let us know if you want to go this route and we'll issue you an official permit with conditions so that you can appeal. To seek a variance or reduction in the total trees to be mitigated you would use the waiver process. It is much like a variance process but instead of going to the Community Development Board it goes directly to City Commission. I have included the minutes and a PowerPoint from the last tree waiver the city conducted for you to review. From: Askew, Amanda Sent: Wednesday, June 9, 2021 10:34 AM To. Karl J. Sanders' Cc: Irizarry Angela Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) How about 3pm today? Page 1 of 4 Building Permit Application City of Atlantic Beach Building Department 800 Seminole Road, Atlantic Beach, FL 3223 Phone: (904) 247-5826 Email: Job Address: 342 19th Street, Atlantic Beach, FL 32233 REVIEWED FOR CODE COMPLIANCE 9 1 2020 Legal Description 36-64 09 -2S -29E SELVA MARINA UNIT 12-A. LOTS Permit Number: Valuation of Work (Replacement Cost) $ t i FiC.?< t Heated/Cooled SF o Class of Work: New Addition ®Alteration IR Repair ■ Move ®Demo ■ • Use of existing/proposed structure(s): Commercial ®Residential e If an existing structure,is a fire sprinkler system installed?: DYes ■ No RECEIVED By Toni Gindlesperger'at4:36 pm, Aug 18, 2020 l **Aft INFORMATION HIGHLIGHTED IN. GRAY Lj Is REQUIRED. RES20-0226 RE# 17 -2020 Non- Heated/Cooled OPool Window/Door a Will tree(s) be removed in association with proposed project? ®Yes (must submit separate Tree Removal Permit) D No Describe in detail the type of work to be performed: Updated Floors, Kitchen, Bathrooms, Roof, Windows, Landscaping, Painting•,Wall• Removal Florida Product Approval # for multiple products use product approval form Property Owner Information Name Thomas Bourdon City Atlantic Beach E -Mail tombourdon7egmail.com Address 34219th Street State FL Zip 32233 Phone 660-874-1941. Owner or Agent (If Agent, Power of Attorney or Agency Letter Required) Owner Contractor Information Name of Company Jax Pro Constuction Inc. Address 309 Odoms MID Btvd, Office Phone 904.509.5392 Qualifying Agent yr .4 Lct.c City Porde Vectra Beach State FL Zip 32082 Job Site Contact Number Dog .,r0c, S—.31L9 ... State Certification/Registration #c< & -C / 47)--01467- E-Mailiax9r01@gmall-c919 Architect Name & Phone # Engineer's Name & Phone # Workers Compensation Insurer OR Exempt Expiration Date 3 /4/1/12C mucation is hereby made to obtain a permit to do the work and installations as indicated_ I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK PLUMBING, SIGNS, WEI 1S POOLS FURNACES BOILERS HEATERS, TANKS, and AIR CONDITIONERS, etc. NOTICE. to addition to the requirements ofthis permit, there maybe additional restrictionsappt cable to this property that maybe found n the public records of this county,:and there may be additional permits required from other governmental entrtlessuch as water management districts,state;agencies, or federal agencies. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDI Y0,13 OF COMMENCEMENT. gnature of Owner or Agent) Sighed and sworn to (or affirm yd) before ripe th. S 2° , by [ ] Personally Known 09 ,r .00duced Identification ype of Identification: M kt_- (Signiattytif Contractor) in Sig ed and sworn to (or affirmed) before me this.:' 2- day of hy—.l-f G ' 1 4./YC !. 7 e;; nature ofivotary} LAS DE OLIVEIRA Nclary Public, Commonwealth ar Massachu t`,, My Commission Expires Aug. 14, 2026 ( ] Personally Known OR (t -1 -Produced Identlficat on _ f Type of Identification pe (SIKAPPrreacW210Fiorids Christopher Morin My Garnmission GO 927955 Exp res 17/30!2323 400 fl. NOTICE OF COMMENCEMENT State Of Florida County of Duval Tax Folio No. 172020-1242 To Whom It May Concern:. The undersigned hereby informs you that improvements will be made to certain real property, and in accordance with Section 713 of the Florida Statutes the following information is stated in this NOTICE OF COMMENCEMENT. Legal Description of property being improved: 36-64 09 -2S -29E SELVA MARINA UNIT 12-A LOT 5 Address of property being improved: 34219th Street, Atlantic Beach, FL 32233 General description of improvements: Updated Floors, Kitchen, Bathrooms, Roof, Windows, Landscaping, Painting, wall removal Owner: Thomas and Kathleen Bourdon Address: 342 19th Street, Atlantic Beach, FL 32233 Owner's interest in site of the improvement:. Owner Fee Simple Titleholder (if other than owner): Name: Contractor: Jax Pro Constuction Inc. Address: 309 Odoms Mill Blvd., Ponte Vedra Beach, FL 32082 Telephone No.: (904) 509-5392 Surety (if any) Address: Amount of Bond $ Telephone No: Fax No: Name and address of any person making a loan for the construction of the improvements Name: Fax No: FBC Mortgage, LLC Address 16604 Town Center, Parkway North Suite A, Westlake, FL 33470 Phone No: (954) 9444035 Fax No: Name of person within the State of Horida, other than himself, designatedby owner upon whom notices or other documents may be served: Name. Address: Telephone No: Fax Nt. In add'tion to himself, owner designates the following person to receive a copy of the Lienor's Notice as provided in Section. 713.06(2) (b), Florida Statues (Fill in. at Owner's option) Name: Address: Telephone No: Fax No: Expiration date of Notice of Commencement (the expiration date is one (1) year frorn the date of recording unless a different date is specified): THIS SPACE FOR RECORDER'S USE ONLY IRA th of Ma mph= picas Aug. 14.20 OWNER Sic ed: z Bef re me this day of as personally appeared Mary Public at Large, Sta - • • •a, y -commission expires: 01. (`t f 20 Personally Known: Produced Identification: Date. Zolj in the Gun - • v - , State Sufi ig' Cou uval. r� Ainwit;u J, '1 S /S u or Building Permit Application City of Atlantic Beach Building Department 800 Seminole Road, Atlantic Beach, FL 32233 Phone (904) 247-5826 Email: Building-Dept@coati-us Job Address: 342 19th Street, Atlantic Beach, FL, 32233 Legal Description 36-64 09 -2S -29E SELVA MARINA UNIT 12-A LOT 5 Permit Number: Valuation of Work (Replacement Cost) $ 13000.00 Heated/Cooled SF Updated 10/9/18 **ALL INFORMATION HIGHLIGHTED IN GRAY IS REQUIRED. RERF20-0153 RR 172020-1242 Non-Heated/Cooled • Class of Work: ❑New ❑Addition L`tAlteration ❑Repair ❑Move ❑Demo ❑Pool ❑Window/Door • Use of existing/proposed structure(s): Commercial R Residential • If an existing structure, is a fire sprinkler system installed?: ■Yes [�No • Will tree(s) be removed in association with proposed project? ❑Yes (must submit separate Tree Removal Perm t) Describe in detail the type of work to be performed: reroof, 27 sq, 6/12 pitch, shingles FL10124-R26 Florida Product Approval # ru Na,m,-- 9'a, t9 Property Owner Information Name Donald Maclean City LAKE GEORGE E -Mail tombourdon7@gmail.com for multiple products use product approval form Address 2 PETTIS ST. State NY Zip 12845 Phone 860-874-1941 Owner or Agent (If Agent, Power of Attorney or Agency Letter Required) Contractor Information Name of Company Reliant Roofing Address 4230 Pablo Professional Ct#155 Office Phone 904-657-0880 State Certification/Registration # CCC1330615 Architect Name & Phone # Engineer's Name & Phone # Workers Compensation Insurer Policy #: WC 196-49725 Qualifying Agent Cameron Shouppe City Jacksonville State FI Job Site Contact Number 904-712-3111 Zip 32224 E -Mail amanda(areliantroofing.com OR Exempt ❑ Expiration Date 11/20/2020 Application is hereby made to obtain a permit to do the work and installations as indicated I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS WELLS, POOLS, FURNACES, BOILERS, HEATERS TANKS, and AIR CONDITIONERS, etc. NOTICE: In addition to the requirementsof this permit, there maybe additional restrictions applicable to this property that may be found in the public records' :ofthis county,and there may be additional permits required from other governmental entities such as water management districts, state agencie s, or federal agencies. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YALIR N TI OF COMMENCEMENT. (Si gnatu of Owner or Agent) Signed and sworn to (or affirmed) before me this 3 day of of crap , b e GCI [personally Known OR [ ] Produced Identificati Type of Identification: (Signature of N rY) (Signatur- of actor) Signed and sworn to (or affirmed) before me this /-Vx 2(>R0 by Cajnern 0""/ AMANDA JACKSON u,,;, State of Florida -Notary Public Commission ft GG 205328 My Commission Expires April 09, 2022 Personally Known OR [ ] Produced Identification Type of Identification: day of S VNO L -LM (Signature of Not init AMANDA JACKSON `lipY • 0 . �99Nr- (,State of Florida -Notary Public I 1°LJ Commission 8 GG 205328 My Commission Expires • I• II \. • 11 r:Js<RvAkisY Thursday, November 4, 2021 at 11:54:53 Eastern Daylight Time Subject: RE: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Date: Tuesday, July 6, 2021 at 11:31:15 AM Eastern Daylight Time From. Irizarry,Angela To: Karl J. Sanders, Askew, Amanda Attachments: image005.jpg, image006.jpg, image007.jpg, image008.jpg G ood Morning, I just tried to call you back and left you a voicemail. According to our records, Amanda offered the two options for moving forward on June 9. As of today, we still have not received an application for either option. I will be happy to forward your written request to the magistrate for an extension but we need to make sure things keep moving forward. This original stop work order was posted back in August of 2020 which prompted Mr. Bourdon to submit an after the fact permit application after which communication ceased. N otices were sent in April, May and then the hearing notice in June. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Tuesday, July 6, 2021 11:19 AM To. Askew, Amanda <aaskew@coab.us>; Irizarry,Angela <alrizarry@coab.us> Subject: Re: Tree Removal/Permit Issue at 342 19th Street (Bourdon Property) Hey, Angela. I tried to call you last week, but your voicemail was full ... I just left a voicemail at your office a few minutes ago. Amanda and I spoke again last Monday, June 28, regarding the status of this matter. advised her that Mr. Bourdon has retained a landscape architect to review the tree removal/mitigation issues, and he is currently reviewing the City s mitigation calculations and compiling a list/size of the trees that Mr. Bourdon preserved to determine whether he is e ntitled to any credits for same. We anticipate that he will have completed his research/review within the next 7 — 10 days, at which point we will resume/finalize discussions with Amanda's team. In light of the fact that we are actively trying to resolve this issue (i.e., the tree mitigation calculations), we were under the impression that the Code Enforcement hearing would be continued/deferred to the next scheduled hearing date so that we could finalize these discussions and, hopefully, avoid the need for any hearing. Additionally I have a previously scheduled work commitment this week (Wednesday evening through Friday), and will not even be in town this week for any hearing. Could you please confirm that this hearing will be continued/deferred, or otherwise let me know what additional information/documentation that you need from me to confirm same? Thanks so much, and please feel free to give me a call if you'd like to discuss further. Best regards, Karl Page 1 of 6 Thursday, November 4, 2021 at 11:55:00 Eastern Daylight Time Subject: RE: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Date: Thursday, July 8, 2021 at 9:41:10 AM Eastern Daylight Time From. Irizarry,Angela To: Karl J. Sanders Thank you. I will present this to the Magistrate on your behalf today. FYI...We do stream these meetings so if you'd like to log in and watch, you can do so at www.coab.us. Just scroll down to the very bottom of the home page and click Live Stream. From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Thursday, July 8 2021 9:32 AM To: Irizarry,Angela <alrizarry@coab.us> Subject: Deferral/Continuance of Code Enforcement Hearing re Case No. 21-087 (Bourdon - 342 19th St) Angela - Thanks again for your agreement to a deferral/continuance of the July 8, 2021 hearing date for my client's case. Per your instructions, I am providing you with the following statement/request for the Special Magistrate in connection with same: On behalf of my client, Mr. Thomas Bourdon I respectfully request a deferral/continuance of the Code Enforcement hearing scheduled for July 8, 2021, regarding the alleged violations of the City's Tree Protection Ordinance. As per my discussion with Ms Irizarry, I am unable to appear at the noticed hearing due to a scheduling conflict; namely, I have work-related commitments in South Florida this week that were scheduled back in April of this year, and I will be physically unable to appear at the hearing that the City noticed in June for this matter. That being said, I have been working with City staff since mid-April in an attempt to resolve the issues alleged in the subject citation, and I remain hopeful that we will be able to find a mutually agreeable resolution of this matter in short order. If, however, those efforts prove unsuccessful, we will be prepared to move forward with a hearing on the merits at the next regularly scheduled code enforcement hearing date in September. I thank you in advance for your consideration of this request. Respectfully, Karl J. Sanders Page 1 of 2 Thursday, November 4, 2021 at 11:55:12 Eastern Daylight Time Subject: RE: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Date: Wednesday, July 28, 2021 at 2:48:59 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela Attachments: image002.jpg Hello Karl, Thanks for the update. We'll be on the lookout for information from the landscape architect. Please make sure you keep Angela on copy. I will be out of the office next week and don't want to slow up the process. Thanks- • From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Friday, July 23, 2021 4:33 PM To: Askew, Amanda Cc: Irizarry,Angela Subject: Status Update re Tree Removal/Mitigation Issue for 342 19th St (Code Enforcement Case No. 21-087) Hey, Amanda. Just wanted to send you a quick status update on this matter. As we last discussed a couple of weeks ago, my client and I have been working with a local landscape architect in connection with evaluating/identifying (1) the trees that were removed due to their status as posing a danger to persons or property, per Section 163.045, Fla. Stat., (2) the size/type of trees that were preserved, and (3) the resulting mitigation assessment (including associated credits for both the preserved trees and those which were identified as posing a danger). At this point, we have identified 43 trees that were preserved on-site and appear to meet the City's minimum size for preservation credits. Our landscape architect is finalizing his review and analysis, and I expect to have a detailed report/proposal from him in short order. Once I have that information, I will promptly forward it to you for the City's review and consideration, and we can continue/finalize our discussions regarding a potential resolution of these issues and what additional steps, if any, need to be taken in order to close out this file. As always I appreciate your time and assistance in trying to work through these issues, and I look forward to speaking with you again soon Have a great weekend! Best regards, Karl Page 1 of 2 Thursday, November 4, 2021 at 11:55:21 Eastern Daylight Time Subject: 342 19th Street Date: Tuesday, September 14, 2021 at 3:55:22 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela, TOMBOURDON7@GMAIL.COM Attachments: 342 19th St - City's response to Sept. 1 submittal.pdf Good afternoon Karl, Attached you will find the city's official response to the materials submitted on Sept. 1st regarding the trees on 342 19th Street. Please let me know if you have any questions. Amanda L. Askew, AICP Director of Planning and Community Development 800 Seminole Road Atlantic Beach, FL 32266 904-247 5841 Want to receive City of Atlantic Beach news by email? Just say so in an email to info@coab.us. Follow the City of Atlantic Beach on Facebook https://www.facebook.com/CityOfAtlanticBeach. Florida has a very broad Public Records Law Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address may therefore be subject to public disclosure. Page 1 of 1 City of Atlantic Beach Community Development Dept. 800 Seminole Road Atlantic Beach, Florida 32233 Telephone (904) 247-5826 www.coab.us CITY OF ATLANTIC BEACH Code Enforcement Case #21-987 Thomas Patrick Bourdon — 342 19th Street CITY'S RESPONSE TO Bourdon's September 1 Submittal To: Karl Sanders, Esq., Counsel to Bourdon, via email From: Amanda L. Askew, Director of Planning and Community Developmen Through: Angela Irizarry Code Enforcement Officer CC: Thomas Patrick Bourdon, via email The Honorable Suzanne Green, Special Magistrate, via email Date: September 14, 2021 The City hereby submits the following response to the correspondence and materials you sent to the City on September 1 2021 (the 'September 1 Materials' ), regarding the tree code issues at 342 19th Street, owned by Thomas Patrick Bourdon. A copy of the two charts included in the September 1 Materials is attached to this Response. The September 1 Materials raise two distinct issues: first, whether the removal of the trees in August, 2020, can qualify for and fall within the scope of Section 163.045(1), Florida Statutes based on the information included in the September 1 Materials; and second, whether and -how many of the trees preserved on site qualify for mitigation credit under former Section 23-33(d) of the City s Code. [Note: Because Mr. Bourdon submitted a tree permit application prior to adoption of the new Tree Code on July 12, 2021, the City's review is based on the former Tree Code that was in effect at the time of the permit application. All references to the City's Code are to the former version of the Tree Code.] Pre-emption Under Florida Statutes In regards to the first issue the September 1 Materials do not meet the requirements contained in Section 163.045(1), F.S. That subsection provides: A local government may not require a notice, application, approval, permit fee, or mitigation for the pruning trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International 1 Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. §163.045(1), F.S. The September 1 Materials do not constitute documentation from a licensed Florida landscape architect or a certified arborist. No license number or ISA certification number is included. There is no signature of the arborist/landscape architect and it is not dated. In addition, this referenced statute plainly requires that the property owner only qualifies for the pre-emption if the owner obtains documentation that a tree ' presents" a danger to persons or property. in other words, the question is whether, at the time the tree was still standing, the tree was a danger to person or property. No statement that each of the removed trees constituted a danger to person or property prior to or at the time of removal from a landscape architect/arborist is included in the September 1 Materials. Moreover, because it is now over one year since the trees were removed, it is questionable whether such a statement is now even possible unless of course the landscape architect/arborist inspected the trees prior to removal. If that is not the case the landscape architect/arborist's statement should include information explaining the method/basis/industry standards used to make the after -the -fact determination. However, the City does not waive its right to contest the legality of an after -the -fact determination. Finally, the September 1 Materials do not indicate how each removed tree meets the "danger to person or property' factors. For example, in what way did Tree #1 as shown on Chart #1 present a danger to persons or to property? Blanket statements are insufficient. Preservation Credits In regards to the second issue raised in the September 1 Materials — namely, how many of the trees preserved on site qualify for mitigation credit under Section 23-33(d) of the City's former Tree Code — it is clear that the Code provision has been mis-interpreted in the September 1 Materials, as shown on Chart #2 Section 23-33(d) provides: Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite. This Code section only permits mitigation credit for trees preserved on site with a DBH of three inches or greater and which are neither protected under the Code or transplanted on site. Per Section 23-8 of the City's former Code, trees with a DBH of six (6) inches or more are regulated and thus protected under the Code. As a result, all but three trees shown on Chart #2 do not qualify for mitigation credits. Specifically, the City agrees that Tree ID #2 (5" Palm), Tree ID #30 (3.5Sweetbay Magnolia) and Tree ID #31 (3.5' Sweetbay Magnolia) do qualify for mitigation credits, subject, however, to inspection by the City verifying the species, size and health of the three trees. 2 Conclusion Based on the reasons stated above, the September 1 Materials are insufficient, incomplete and inaccurate. As a result, and in on-going good faith negotiations with you, the City requests that you provide additional documentation to the City addressing the insufficiencies noted above, no later than October 1, 2021. 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Sanders CC: Askew, Amanda Attachments: image004.jpg, image006.jpg, CE 342 19th Street Case #21-087.pdf Good afternoon, The Magistrate prepares her own orders. Attached is a copy of the September Order. From: Karl J. Sanders [mailto:kjsanders@kjslawpa.com] Sent: Wednesday September 29, 2021 5:00 PM To: Irizarry,Angela <alrizarry@coab.us> Cc: Askew, Amanda <aaskew@coab.us> Subject: Re: Magistrates Order Hey, Angela. I never received a reply to this email, so I thought I'd follow-up with a reminder email. 1. Who prepares the draft Code Enforcement Orders for the Special Magistrate's review/signature? 2. Were draft Orders from the last meeting prepared or circulated for review? 3. Is there a final (signed) Order from the Special Magistrate regarding her directives concerning my client's matter at the last meeting? Thanks so much. Best regards, Karl Karl J. Sanders, Esq. kjsanders@kjslawpa.com 904.868.7929 1 Office LAw_ 561.386.1216 1 Mobile From. Karl Sanders <kjsanders@kjslawpa.com> D ate: Thursday, September 9, 2021 at 6:12 PM To Angela Irizarry <alrizarry_@coab.us> Cc. Amanda Askew <aaskew@coab.us> Subject: Re: Magistrates Order Angela — I just wanted to follow-up with you on the status of the Special Magistrate's verbal o rder at the Code Enforcement proceedings last week. I spoke with Amanda regarding the Page 1 of 3 Thursday, November 4, 2021 at 11:56:15 Eastern Daylight Time Subject: RE: 342 19th Street Date: Monday, October 18, 2021 at 1:05:04 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders Attachments. image006.jpg, image008.jpg, image010.jpg, image011.jpg, image012.jpg Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level. Commission is only able to hear an appeal of an administrative decision. At this point you can only appeal staff's interpretation of Chapter 23. This does not alleviate code enforcement. However, you can ask for a fine reduction during the special magistrate process. The special magistrate has entertained fine reductions in other cases. However, tree removal without mitigate irreparable tree removal. Staff can only approve the required replacement/mitigation or you must continue on the code enforcement route. You From. Karl J. Sanders [mailto:kjsanders@kjslawpa.com Sent: Wednesday, October 6, 2021 6:22 PM To. Askew, Amanda Subject: Re: 342 19th Street Just touching base . . have you had an opportunity to speak with the City Manager regarding our discussion late Monday afternoon? No worries if not, I completely understand how busy everyone is right now! Just let me know if you/he have any questions for me or need additional information. Thanks again, and talk soon. Best regards, Karl Page 1 of 6 Thursday, November 4, 2021 at 11:56:23 Eastern Daylight Time Subject: RE: 342 19th Street Date: Wednesday, October 20, 2021 at 11:02:35 AM Eastern Daylight Time From: Irizarry,Angela To: Askew, Amanda CC: Karl J. Sanders Attachments: image001.jpg, image002.jpg, image003.jpg, image004.jpg, image005.jpg Good Morning All, The Code Enforcement action on this case is still pending. Since the Magistrate has not imposed any fines yet in this case, there is nothing for the Magistrate to consider reducing The amount of the mitigation due is not in her purview to reduce since it is set by code and is not discretionary. From. Askew, Amanda Sent: Monday, October 18, 2021 3:15 PM To: Irizarry,Angela <alrizarry@coab.us> Subject: FW: 342 19th Street Fyi-- From. Askew, Amanda Sent: Monday, October 18, 2021 1:05 PM To: 'Karl J. Sanders' Subject: RE: 342 19th Street Good morning Karl, As I mentioned staff and Commission can't make a settlement since this case is at the magistrate level. Commission is only able to hear an appeal of an administrative decision. At this point you can only appeal staff's interpretation of Chapter 23. This does not alleviate code enforcement. However, you can ask for a fine reduction during the special magistrate process. The special magistrate has entertained fine reductions in other cases. However, tree removal without mitigate irreparable tree removal. Staff can only approve the required replacement/mitigation or you must continue on the code enforcement route. You From: Karl J. Sanders [mailto:kjsanders@kgslawpa.com] Page 1 of 7 Thursday, November 4, 2021 at 11:58:44 Eastern Daylight Time Subject: RE: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th St (Code Enforcement Case No. 21-087) Date: Monday, November 1, 2021 at 4:49:19 PM Eastern Daylight Time From: Askew, Amanda To: Karl J. Sanders CC: Irizarry,Angela Attachments: tmage002.jpg G ood afternoon Karl, O n October 25, 2021 we received the verified written declaration of Michael Miller, RLA. Upon review of the declaration staff needs further clarification. In #4 of Mr. Miller's declaration, who advised Mr. and Mrs. Bourdon "that that he should promptly have certain trees on the property removed, as they posed a danger to both the existing single-family home located on the Bourdon Residence and the property of his adjoining neighbor on the eastern side of the Bourdon Residence"? Is this person a certified arborist or an RLA? Please provide written documentation of this advice. It is our understanding that Mr. Miller did not observe the trees prior to removal. By what method or on what basis did Mr. Miller use in #10 of the declaration to opine that the hickory tree 'presented a danger to his property due to its size and proximity to the home's foundation and roof...."? It is our understanding that Mr. Miller did not observe the trees prior to removal. By what method or on what basis did Mr. Miller use in #11 of the declaration to opine that 14 of the trees removed " presented a danger to persons and/or property located on both the Bourdon Residence and the adjoining neighbor on the eastern side of the Bourdon Residence, due to their location, size and/or health"? From: Karl J. Sanders [mailto kjsanders@kjslawpa.com] Sent: Monday, October 25, 2021 5:01 PM To. Askew, Amanda Cc. Irizarry,Angela Subject: Registered Landscape Architect Declaration re: Tree Removal/Mitigation Issue at 342 19th St (Code Enforcement Case No. 21-087) H ey Amanda. Nice speaking with you again today. As discussed, I've attached a copy of the Verified Written Declaration from the Registered Landscape Architect that my clients retained Page 1 of 2