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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. " / U Maureen Shaughnessy, Chair FROM FAX N0. Mar. 08 2004 06:41AM P2 Y .~ - '` - i ~I ~.,~•~-.,>>~.~~SELV G BROTHERS ~~~t.K,<I3 II INC. 5~C1 R1nGRC.`R1vS'i' AVF. • .IACKSON'VII.I.F, FLUIiIllA 32207 • PHUNL b41-SGOR / :i9H-748b :~ ;~ ..; iE~r ;ti.v x .; 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. ~" 2