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05-12-05 v'"" MINUTES OF SPECIAL MEETING OF TREE CONSERVATION BOARD May 12, 2005 A special meeting of the Tree Conservation Board was held on May 12, 2005, in the City Commission Chambers. Present were Chair Maureen Shaughnessy, Jim McCue, Jamie Fletcher, Stephanie Catania, Building Official Don Ford and Recording Secretary Amber Lehman. Absent was Charles Carroll. 1. Call to Order The meeting was called to order at 7:34 p.m. 2. Recognition of Visitors Chairman Shaughnessy welcomed the following: Commissioner Paul Parsons Jeffery Mitten J.P. Marchiolli Sally Clemmens Dorothy Kerber 3. Proposed Tree Ordinance Chairman Shaughnessy stated that the meeting was called to discuss the proposed tree ordinance. Chairman Shaughnessy said that she wanted to discuss the most important things that have affected the community. Boazd Member McCue stated that Mr. Ford made an interesting point at the May 11, 2005 meeting about how each tree boazd for the last 14 yeazs has wanted to revamp the whole tree ordinance. Instead of trying to change the whole ordinance, Mr. Ford suggested that we concentrate on tazget issues and modify as needed. Chairman Shaughnessy stated that she felt that there was a lot of unnecessary cutting being done in Atlantic Beach. She also stated that she would be in favor of eliminating the interior zones on properties. Board Member Catania stated that she wanted to preserve the trees that give character to the neighborhoods. A tree should be treated as everyone's tree not just the property owner's tree. Boazd Member Catania also stated that extra funding is needed to educate the community on trees. Tree Boazd Minutes for May 12, 2005 - 1 - '"' Boazd Member Catania also stated that the local government should be more responsible when trimming and removing trees. The local government needs to be held accountable for their actions. Board Member Catania also stated that if Atlantic Beach is designated as a Tree City USA there is help that Tree City USA could give to the city of Atlantic Beach. Mr. Ford responded by saying that the City of Atlantic Beach is designated as a Tree City USA, but the signs had been taken down. Board Member Fletcher asked the Chairman if the public would be allowed to speak. Chairman Shaugnessy responded by saying that the public could attend but not be allowed to speak. Board Member McCue made a motion, seconded by Board Member Fletcher, and unanimously carried, to allow public input after the Board discusses the Proposed Tree Ordinance. Boazd Member McCue expressed concern that only one Commissioner attended the meeting. Commissioner Pazsons responded by saying that the Commissioners were monitoring this issue and were getting all of the information. Commissioner Parsons also stated that a big concern of the Commission is that the citizens of Atlantic Beach are cutting down trees indiscriminately. Boazd Member Fletcher expressed the importance of giving the Commissioners options when reviewing the proposed ordinance. The following changes were made to the ordinance: On page 1353 under private protected tree, Private Protected Tree is now to read: Private protected tree is any tree on private property. On page 1353, section la & lb will now be deleted. On page 1354 under the definition for tree it will now read: Tree means any self-supporting woody plant of a species which normally grows to an overall height of a minimum of twelve (12) feet in this area and 3 inches diameter of DBH. This definition shall include multiple single trees on the same lot which combine for an aggregate DBH of 9 inches and which occur within a 20 foot diameter (i.e. a grouping). On page 1355 under (c) Minimum Tree Standard, section 2a will now be deleted. Tree Board Minutes for May 12, 2005 - 2 - On page 1359, paragraph 3c will now read: If the site has been cleared and the trees have been removed from the site so that the director is unable to determine with reasonable certainty the number of protected trees removed in violation of this subpart [section], the violation shall be corrected by paying a civil find of up to two dollars ($2.00) per squaze foot of land cleazed, which fine shall be assessed by the code enforcement boazd. The contributions and fines assessed under this subsection shall be payable to the city immediately within seven (7) days after assessment. All amounts received by the city pursuant to this subsection shall be deposited in the tree replacement account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/fine has been collected. One page 1360, after 3c, insert 3d which will read: 3 d. After an issue of notice of corrections is issued by the city inspector a reinspect fee of $50.00 shall be paid. On page 1356 in section 2 the last sentence will be deleted and will now read: An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in subsection (b)(1) above and a decision shall be made thereon within fifteen (15) working days after receipt of such application or by agreement by both parties to a time frame. '" Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from a public easement, public property or right-of--way shall obtain a permit from the director. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standazds for Tree Care Operations (ANSI #Z 133.1), and any additional conditions of such permit. After no more changes were made to the existing ordinance, Chairman Shaughnessy opened the floor for public comment. Sally Clemmens, 1638 Pazk Terrace West expressed grave concern about her property rights as an owner. She did not feel that she should have to get a permit to cut down a tree in her yazd. Ms. Clemmons also stated that there should be a definition for tree maintenance. Dorothy Kerber, stated that she has paid enough taxes and should be allowed to take down any tree she wants in her yazd. J.P. Mazchiolli, 531 Sherry Drive stated that he was concerned that there is not enough money in the tree fund for staff time. Mr. Ford stated that the tree fund is used only to plant more trees in Atlantic Beach. Mr. Mazchiolli stated that the city should have an azborist on staff that can help the residents with tree decisions. Tree Board Minutes for May 12, 2005 - 3 - Boazd Member McCue made a motion to adjourn the meeting, seconded by Board Member Catania, motion unanimously approved. The meeting adjourned at 9:25pm. Maureen Shaughnessy, Chair Tree Board Minutes for May 12, 2005 - 4 -