Environmental Stewardship Committee Tree Subcommittee - 09 Feb 2022 - Agenda - PdfCity of Atlantic Beach
Agenda
Environmental Stewardship Committee Tree
Subcommittee Meeting
Wednesday, February 9, 2022 - 5:15 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Page(s)
1. CALL TO ORDER AND ROLL CALL
2. COURTESY OF THE FLOOR
3. APPROVAL OF MINUTES
3.A. Approve minutes of the December 8, 2021 ESC Tree Subcommittee meeting.
4. REPORTS
5. OLD BUSINESS
6. NEW BUSINESS
6.A. Tree subcommittee training (roles and responsibilities)
6.B. Proposed Arborist Addendum to Chapter 23 (by Dan Giovannucci)
Proposed Arborist Addendum to Ch 23
Proposed Arborist Addendum to Ch 23 (comments from Mark Gabrynowicz)
3-7
7. ADJOURNMENT
Any person wishing to speak to the ESC Tree Subcommittee on any matter at this meeting should
submit a Comment Card located at the entrance to Commission Chamber prior to the start of the
meeting. Please Note: This meeting will not be videotaped.
In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons
with disabilities needing special accommodations to participate in this meeting should contact City Clerk
Donna Bartle at 247-5809 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three
(3) days prior to the date of this meeting.
Page 1 of 7
Page 2 of 7
Agenda Item #6.B.
09 Feb 2022
Proposed Arborist Addendum to Ch 23
Purpose: to permit the City of Atlantic Beach to adequately protect its
critical Maritime Canopy against Unlawful Tree Removals
Whereas the City of Atlantic Beach (COAB) has an effective process to manage routine tree
removal by its residents and contractors through its Tree Removal Permitting in which there is
scope for qualified exemptions to the Permit process that allow timely tree removal in an
emergency to prevent damage to property, and/or threat to life and limb, in full accordance
with State of Florida statute section 163.045 and so long as that is certified by a licensed
Arborist or licensed Landscape Architect.
The CoAB, recognizing the science -based evidence that its tree canopy presents a substantial
value for its residents in terms of both climate -change resilience to storms and to the economic
value of the homes in the community, and in alignment with the Florida League of Cities,
supports legislation to close loopholes in the current law that have caused litigation and abuses,
including the clearcutting of land for development and the removal of healthy trees that
present little or no risk.
Considering the evidence, gathered by CoAB staff, that the statute is being used to violate the
spirit of the law and to avoid proper permitting by some residents, likely at the instigation of
some tree cutters using 'Cut and Run' methods who avoid any negative consequence. This
sometimes occurs with arborist letters allegedly being sold to homeowners at a cost similar to
or less than the cost of a permit (ca. $125) claiming dangerous or dead trees with no evidence
of that in order to get the cutting business that can earn them thousands of dollars while
contravening COAB's code. The veracity of some arborists' findings have been questionable and
sometimes clearly false but they believe providing the letter gives them the right to cut the tree
immediately. This is unfair to most law-abiding citizens and diminishes the effective protection
of our Maritime Canopy;
The Environmental Stewardship Committee (ESC) of the City of Atlantic Beach (COAB) urges the
COAB to establish the following proposed requirements that honor the state statute and also
honor the need to uphold local laws and permitting that support the letter and spirit of the
state statute.
1. Any cutting of protected trees,' that invokes the exceptions of the state statute to
bypass pre-cut permits, must submit reasonable photographic evidence of the death or
the danger the tree poses 2 along with a licensed arborist's report where emergency
1 See Chapter 23 for criteria relating to protected trees that are 8 inches in diameter (breast height) or greater.
Page 3of7
Agenda Item #6.B.
09 Feb 2022
action must be taken that clearly documents the imminent danger before cutting. If
there is a clear "danger to life and limb" then the arborist report and the photographic
evidence must be submitted within 3 days of the tree removal. If the tree is not
demonstrably dangerous, e.g. a dying or recently dead tree usually still has structural
integrity for a week or two and would therefore be subject to a request for a permit or
for the bypass of a formal permit due to the death of the tree.
2. The COAB will establish procedures and significant consequences to prevent off -hours
(weekend and evening) tree removals that are not properly permitted, unless actual
unexpected conditions create a hazardous situation; and under such conditions, item
one above applies.
3. The ESC will help to establish a preferred list of tree service providers for the COAB who
understand the regulations and agree to emergency tree removals only for bona fide
dangers or emergencies.
4. The COAB will contract on an on-call basis, one or two licensed and proven arborists
who can validate the questionable reports or findings of other arborists and who could
be made available, for a modest fee (e.g. $75) to provide a credible assessment or
second opinion for a homeowner.
5. We propose a list of arborists who have a) demonstrated an understanding of the
relevant and most important aspects of Chapter 23 (a simple test created by ESC) and b)
who have not had complaints lodged against them by city residents or city staff.
6. We urge the COAB to craft an adequate deterrence for scofflaws and establish a means
to penalize the property owner and tree service provider that fraudulently remove
trees. Without the disincentive of a penalty there is a strong likelihood of further illegal
activity.
a. Penalties can include a monetary sum for the homeowner3; a monetary penalty
plus the value of the full payment (or 75% of the payment) earned for the illegal
cutting
b. A process for reporting the arborist who has submitted a fraudulent letter as
well as placing the arborist (and their employer) on a banned list for violating the
law.
2 Photographs must be a) clear and focused, b) must clearly show the location (wide shot) of the tree relative to
the home or nearest building, and c) close-ups that demonstrate the diseased parts or evidence of the tree's
death.
3 $500 for an 8-14" -protected tree, $1000 for a tree larger than 14" and $2000 for a Heritage tree.
Page 4 of 7
Agenda Item #6.B.
09 Feb 2022
Proposed Arborist Addendum Policy based on to Chapter 23
Purpose: to strengthenpermit the City of Atlantic Beach's to
adequately protection of its critical Maritime Canopy against Unlawful
Tree Removals in violation of Chapter23
Whereas the City of Atlantic Beach (COAB) has an effective process to manage routine tree
removal by its residents and contractors through its Tree Removal Permitting in which there is
scope for qualified exemptions to the Permit process that allow timely tree removal in an
emergency to prevent damage to property, and/or threat to life and limb, in full accordance
with State of Florida statute section 163.045 and so long as that is certified by a licensed
Arborist or licensed Landscape Architect.
The CoAB, recognizing the science -based evidence that its tree canopy presents a substantial
value for its residents in terms of both climate -change resilience to storms and to the economic
value of the homes in the community, and in alignment with the Florida League of Cities,
supports legislation to close loopholes in the current law that have caused litigation and abuses,
including the clearcutting of land for development and the removal of healthy trees that
present little or no risk.
Considering thc evidence, gathered by CoAB staff,There is evidence that the FS statute has
loopholes which enable skirting is being used to violate thc spirit of thc law and to avoid proper
tree removal permitting by some residents, likely at the instigation of some tree service
providers _ ' who avoid any negative consequence. This
sometimes occurs with arborist letters allegedly being sold to homeowners at a cost similar to
or less than the cost of a permit {ca. $125} claiming dangerous or dead trees without
nesupporting evidence of that in order solely to get the cutting business that can am them
thousands of dollars while contravening COAB's code. The veracity of Additionbally, some
arborists' findings in support of tree removal have been questionable_ and sometimes cl arly
false but they believe providing thc letter gives them thc right to cut thc trcc immediately. This
is unfair to most law abiding citizens and diminishes thc effective protection of our Maritime
Canopy;
The Environmental Stewardship Committee (ESC) of the City of Atlantic Beach (COAB) urges the
COAB to establish the following propose policies d requirements that honor the state statute
while and -also honoring the right to legislate locally. I need to uphold local laws and permitting
that support the letter and spirit of the state statute.
Page 5of7
Agenda Item #6.B.
09 Feb 2022
1, Any cutting of protected trees,' that invokes the exceptions of the state statute to
bypass pre-cut permits, must submit reasonable photographic evidence of the death or
the danger the tree poses 2 along with a licensed arborist's report where emergency
action must be taken that clearly documents the imminent danger before cutting. If
there is a clear "danger to life and limb" then the arborist report and the photographic
evidence must be submitted within 3 days of the tree removal. If the tree is not
demonstrably dangerous, e.g. a dying or recently dead tree and does not pose an
imminent danger
ree removal permit is required. or for
the bypass of a formal permit due to the d ath of the tree.
2. The COAB will establish procedures and significant consequences appropriate penalties
to prevent off -hours (weekend and evening) tree removals that are not properly
permitted, unless actual unexpected conditions create a hazardous situation; and under
such conditions, item one above applies.
3: The ESC will help to establish a preferred list of tree service providers for thc COAB who
dangers or emergencies.
4. The COAB will contract on an on call basis, one or two licensed and proven arborists as
required who can validate the questionable reports or findings of other arborists and
who could be made available, for a modest fee (c.g. $75} to provide a credible
assessment or second opinion for a homeowner.
5:
relevant and most important aspects of Chaptcr 23 (a simple test cr atcd by ESC) and b}
who have not had complaints lodged against them by city residents or city staff.
6, We urge the COAB to establish policies craft an adequate deterrence which discourage
unpermitted tree removals such as : for scofflaws and establish a mans to penalize the
disincentive of a penalty there is a strong likelihood of further ille.al activity.
a- Penalties for unpermitted tree removals which can include fines for both the
homeowner and tree service provider; and—a monetary sum for the
homcowner3; a monetary penalty plus the value of the full payment (or 75% of
thc payment) arned for the ille.al cutting
1 See Chapter 23 for criteria relating to protected trees that are 8 inches in diameter (breast height) or greater.
2 Photographs must be a) clear and focused, b) must clearly show the location (wide shot) of the tree relative to
the home or nearest building, and c) close-ups that demonstrate the diseased parts or evidence of the tree's
death.
3 $500 for an 8-14" -protected tree, $1000 for a tree larger than 14" and $2000 for a Heritage tree.
Page 6 of 7
Agenda Item #6.B.
09 Feb 2022
A process for reporting fradulent the arborists and tree service providers who
contravene COAB poliices.
placing the arborist (and thcir employer) on a banncd list for violating the law.
Page 7 of 7