03-10-04 v""` MINUTES OF THE
REGULAR MEETING OF THE
TREE CONSERVATION BOARD
March 10, 2004
A regular meeting of the Tree Conservation Board was held Wednesday, March 10, 2004, at the Adele
Grage Cultural Center. Present were Chair Maureen Shaughnessy, Charles Carroll, Susan Grube, Jim
McCue, Bill Permenter, Building Official Don Ford and Recording Secretary Susan Dunham.
1. Call to Order
The meeting was called to order at 7:01 p.m.
2. Recognition of Visitors
None.
3. Aaproval of Minutes of Meetines of February 25, 2004
A motion was made by Board Member Permenter, seconded by Board Member Carroll, and
unanimously carried to approve the Minutes of February 25, 2004.
4. New Business
A. Tree Removal Applications: The Board changed the order of the Agenda as follows:
2. Paradise Preserve -Buffer to lift station (Dutton Island Road): Mr. Paul Nichols was in
attendance. Building Official Ford advised that most of trees proposed for removal were located on
city right-of--way and were in conflict with the proposed sewer line. Mr. Nichols stated that he had to
build a lift station which was to be located on private property and they had to feed a sewer line to it.
He further stated that he was instructed by the engineer that the proposed trees would have to be
removed. Mr. Nichols pointed out that a majority of the trees were in bad health so he hired Mr. Tom
Selvig, Certified Arborist, to render an opinion about some of the trees (copy attached and made a
part of these Minutes). Building Official Ford advised that he looked at the trees in question and he
agreed with Mr. Selvig's assessment.
A motion was made by Board Member Permenter, seconded by Board Member Carroll, and
unanimously carried to instruct the Building Official to issue a permit for the removal of a 17"
magnolia with no mitigation required because of the condition of the tree according to a
certified arborist.
Mr. Nichols advised that he would plant trees on site for mitigation.
Discussion was held with regard to mitigation for the trees JEA cut down on the southern side of
Dutton Island Road. Building Official Ford advised that JEA mitigated at 100 percent. He further
advised that the removal of trees was a mistake because JEA had an inaccurate map which indicated
the azea was located in Duval County.
Mr. Nichols appealed to the board that he be limited to the same mitigation requirements that were
given for the rights-of--way in the subdivision which was 50 percent. Discussion was held with regard
to whether or not the board could consider this section as part of the entire subdivision. Board
Member Shaughnessy stated that the board knew that Bestcon was going to have to return to the
board several times and the idea was to look at the bigger picture even though the Board would
address issues at different times. She further stated that Bestcon. was going to curve streets to save
trees. Building Official Ford stated that Bestcon had a good history with saving trees and working
their designs around specimen trees.
Minutes of Tree Conservation Board
March 10, 2004
Page 2
A motion was made by Board Member Permenter and seconded by Board Member Carroll to
instruct the Building Official to issue a permit for the removal of 28.5" of oak, 45" of pine and
11" of magnolia to be mitigated at 100 percent on site.
Board Member Permenter stated that he did not know why the board should agree to mitigation at 60
percent; that they had not mitigated at 50 percent on any other projects. Building Official Ford
advised that Paradise Preserve was mitigated at 50 percent on the rights-of--way. Board Member
Permenter responded that this was private property, it was gated, and the board mitigates at 50
percent for private property. Mr. Nichols again appealed that this portion of the project be considered
as the rest of the project. He stated that the roads were private but they would be built to the
standards set by Public Works. Building Official Ford advised that the 100 percent mitigation policy
was a policy adopted by Public Works.
The vote was called and the motion passed by unanimous approval.
1. 395 Sailfish Drive: Building Official Ford stated that Mr. Romano identified the following trees
for mitigation: two 5.5" Japanese plums, one 3" Japanese plum and one 4" Japanese plum. Board
Member Shaughnessy pointed out that the applicant was going to remove an invasive bush in the
southeast corner of the property.
A motion was made by Board Member Permenter, seconded by Board Member Carroll, and
unanimously carried to instruct the Building Official to issue a permit for the removal of one
10" sweet gum and one 16" pine to be mitigated with two 5.5" Japanese plums, one 3" Japanese
plum, and a 4" Japanese plum.
5. Old Business
A. Tree Removal Application Form: Board members made additional changes to the application form.
B. Protected Corridor Ordinance: Review of requested changes by Commission: Discussion was
held with regard to the a-mail from Mayor Meserve to the Tree Conservation Board members (attached
and made a part of these Minutes).
Building Official Ford advised that the major objection from the City Manager was the Tree Conservation
Board reviewing city projects. He stated that the city had a good record of saving trees, restoring trees to
the rights-of--way, and it would slow them down to send every project to the Tree Conservation Board for
review prior to construction.
Discussion was held. Building Official Ford advised that one suggestion was made that the trees be
videotaped instead of surveyed. Board Member McCue asked if videotaping would stand up legally as
well as a certified survey? Building Official Ford responded that he asked the city attorney Alan Jensen
who felt that it would.
Building Official Ford suggested that the board members take this information home, identify specific
issues of concern and bring comments back to the next meeting.
6. Reuorts and Announcements
None.
Minutes of Tree Conservation Board
March 1 Q 2004
Page 3
7. Adiournment
There being no other business or discussion, the meeting was adjourned at 8:29 p.m.
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Maureen Shaughnessy, Chair
FROM FAX N0. Mar. 08 2004 06:41AM P2
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BESTCON 1-TUMES
44UU Mat'sh .Lauding Blvd. #fi
edra Beach, Florida 32082
246-3747 1 3-804
Paradise PrCSCIVC
Beck
W~ hei4h}' submit y~pecifications tin:
Re; inspect selected bees along the ditch bank at Paradise Preserve.
TherC arc (4) Swsxl (1'uttut, 6", i2", 7", and 13". The Grt~ms are in questionable shape. The utility
company has cut the tAps extensively sad the contractor that maintains the ditch has damaged
the trunks ofthe trees in close proximity to it. Oae 1V1'aptlalia (17") i$ hollow indicating poor root
structure. Qne Hickory (14") has a large hollow where a large portion of the tree fell off.
A large Live Qak has been damaged by lightning years ago causing structural damage.
The nutigation. for these trees should be adjusted far there current co~nditinn, in >tty trputi~n~.
I am a Certified Arbarist, certification # SO-0862.
WE PRUPnSE hereby to fiunish materials and labor -- complete in accordance with above spceiiieations, for the sum ~E:
dollars {$ ,_
t.n he mariz ae ]ollcsw,:
Upon Completion
Authorized
Si~matute: ,
Notes This pmposat mar he
«ithdra~m by us in not acczpted tivithin _ claY~.
Acr.eptance of Proposal -T1r,s:.nnvrpticrs.sDCw6CadnnnandconrLCOrK++'~
:C+I:no+,; a+*~•:~a h.:.1~~ JeealHeel. 1',,:: arc auth~rY,eJ Iv d~ me urork'rs spca6M In the rven(pdyiflepe
;.::.:~ ,:..:.te :r acc.aiL••n.c ~~rrh rl+•: r,rrnK rlwve, .:ualOrne! apeer to DyY r~wnalfk Ye~elwll.%ii9R far,.
`t )~uc r.>i' ncc:cplancR e c e i v e d T i m e_M a r~ 8~_ 8~ 0 2 A M-
Signature: .. _ _ -
Signature: _.
King, Maureen
om: John Meserve [captain@fleetlanding.com[
nt: Monday, March 08, 2004 10:48 AM
. o: Hanson, Jim; King, Maureen
Subject: Tree Ordinance
MEMORANDUM
To: Jim Hanson, City Manager
Copy to: Maureen King, City Clerk
From: John Meserve
Re: Ordinance No. 95-04-86 (Tree Canopy Preservation Program)
Jim Some thoughts about the proposed Ordinance. My intention is to ask
for a deferral and request the Tree Board rethink the issue. I would ask
Maureen to provide a copy of this e-mail to both the Commission at our March
8 meeting and to the Tree Board Members.
First, it should be recognized that the Tree Board has contributed greatly
to the quality of life in Atlantic Beach. Their decisions have caused for
the preservation of numerous trees that would have been needlessly cut down
by developers because of poor planning or lack of concern for the city's
tree canopy. They have also caused for many trees to be replanted on
construction sites through the mitigation requirements and have caused for a
significant amount of money to flow into the city's Tree Fund to allow for
'ze many planting projects that have occurred over the last several years.
iy recommendations here are intended to further enhance the city's tree
ordinance and support the Tree Board's diligent work.
Two main issues I have are the designation of specific tree corridors, and
workload that may create for us all, and my perception that the city will be
unduly restricted by the current way the ordinance is written.
Issues:
• The designation of specific areas as "Tree Canopy Preserve Corridors" may
well create future problems. First it requires the City to complete a tree
survey in the area, which may have significant cost implications. Second,
once the system is in place I am sure that no one who wants an area so
designated will ever be turned down, and having different sets of rules (by
area) will be difficult as an enforcement issue and perhaps legally
challengeable. My first thoughts are if designation is a "good" thing why
not make the rule cover all the city's right of way. I t would make
communication and enforcement of the rule much easier.
• I did not see that there was any definition as to tree size. I.e., if
someone cuts down a 3 foot sapling, does that constitute a violation? I
think we need to be more definitive
The proposed language allowing the Tree Board to recommend to the Code
Enforcement Board a penalty not to exceed $500.00 per tree in the Selva
Marina Subdivision may more appropriately be applied to illegal tree removal
citywide. Again, citywide enforcement may be the way to go. The ordinance as
written would create a new "Tree Preserved Corridor" designation, which
would be separate from the existing "Historic Tree Preservation" designation
and would apply only to the Selva Marina Subdivision. The Code Enforcement
Board presently has the authority to impose a fine not to exceed $5,000.00
'sere the Board finds violations to be "irreparable or irreversible in
3ture". Removal of significant trees clearly falls into this category.
The Tree Board's intent is to have it spelled out in the tree ordinance
their ability to not only impose mitigation for people who remove trees
1
without permits but to recommend fines to the Code Enforcement Board in
addition to that mitigation.
ast, the proposed ordinance would require that the City of Atlantic Beach
so obtain permits from the Tree Board prior to the removal of any trees.
~e present tree ordinance (Section 23-17(d))2)(n) exempts "the City and its
=ranchise agents from obtaining a permit to remove, trim, prune, cut, or
disturb roots of any tree in the public right-of-way." The City's utility
system work for water and sewer lines, street work and storm drainage work
are often narrowly constrained by engineering demands and the work often is
of an emergency or urgent nature. Consequently, the City's work within the
public right-of-way is essentially different in many ways from a private
owner's desire to remove trees. Requiring the City to get these permits
would certainly delay any projects and may be unnecessary.
~"
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