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07-25-07ATLANTIC BEACH TREE CONSERVATION BOARD 800 Seminole Road, Atlantic Beach, Florida 32233 Phone: (904) 247-5800 Fax: (904) 247-5845 http://www.coab.us REGULAR MEETING OF TREE CONSERVATION MEETING MINUTES July 25, 2007 A regular meeting of the Tree Conservation Board was held on Wednesday, July 25, 2007 in the Adele Grage Cultural Center. The meeting was called to order by Chairperson Maureen Shaughnessy at 7: DOpm and adjourned at 8: 25pm. I. ROLL CALL Present: Maureen Shaughnessy, Jim McCue, Carole Varney, Brea Paul, and City LiaisonlPlanner Erika Hall and Recording Secretary Jessica Morales. Excused: Stephanie Catania Recognition of Visitors: Aimee Braun (UNF student) Approval of Minutes of June 27th, 2007 Meeting: Carole Varney made a motion to approve the minutes from the June 27th, 2007 regular meeting. Jim McCue seconded the motion and it passed unanimously. II. NEW BUSINESS a. Tree Removal Permits: None b. Ezempt Tree Removals: None c. Unlawful Tree Removals: None III.OLD BUSINESS a. Tree Removal Permits 1. 420 Whiting (Person) Ms. Hall stated that she assisted Ms. Person in filling out her tree application, and she explained to the board that diameter of the removed tree was originally measured at the stump by the Code Enforcement Officer, rather than at breast height. This also happened in the case of Cynthia Doctor-Brock. This presented a problem in that most trees tend to taper, some extensively, from the root flair to breast height. Thus, basing mitigation on that diameter would be incorrect. Ms. Hall continued, explaining that there is a complex algebraic formula for calculating DBH based upon stump measurements and coefficients particular to each tree species. Additionally, Ms. Varney noted that the stump was very irregular in shape and that it appeared that the dimension measured and relayed to the tree board was across the broadest part, rather than an average. Ms. Shaughnessy asked if Ms. Person's structural work was near any of the trees on the lot, to which Ms. Varney replied that structural work consisted of the enclosure of an existing carport to create a Florida room, and thus did not change the footprint of the existing structure. The Board discussed the current provision of the ordinance that requires any trees on a lot on which the primary structure is undergoing renovations, Page i of 6 whether in the trees are in the footprint of construction or not, be subject to tree removal permits and mitigation requirements. The general consensus was that, since Ms. Person's construction work was complete at the time of tree removal (final inspection had not been completed) and did not affect the tree removal, nor did the tree removal result from the construction, Ms. Person should be exempted from the tree removal permit and mitigation requirements. Motion: Ms. Varney made a motion that the property located at 420 Whiting be exempted from requirements to obtain a tree removal permit and mitigate for the removal of a 30" Cedar during the month of May 2007, due to extenuating circumstances. Mr. McCue seconded the motion and it passed unanimously. b. Mitigation 1. Stocks Street (Winters, l2/E Home Investors) David Wright, spoke on behalf of R/E Home Investors. The Boazd inquired as to the status of the mitigation plan that they had requested the applicant present at this meeting. Mr. Wright stated that he was under the impression that he was sent to the meeting to ask for an extension from the Board. Ms. Hall stated that she had previously been in communication with someone named Lori at the R/E office, and that she was under the impression that someone was being sent to present the mitigation plan. Mr. Wright explained that he had joined the project only last year (2006) when the lots where being reconfigured due to inability to get the desired number of units on the property. He explained that that reconfiguration has caused numerous delays in the development, but that the company was attempting to move forward to completion. He said he was unaware of the original tree survey, but would attempt to locate it. He also requested that Ms. Hall send him a copy of the letter summarizing the tree removals and mitigation requirements so that he could address them in a landscape plan. Ms. Hall stated that she would forward the letter to him. The boazd agreed to defer this case to the next meeting, to be held on August 8, 2007. Mr. Wright was asked to please reappear before the Boazd at that time and present a landscape plan addressing mitigation. 2. 1250 East Coast drive (Lambertson, Elite Homes) Ms. Hall reminded the Board of the June 27 meeting in which they had reviewed the 1250 East Coast Drive tree removal permit and modified it to include the removal of an additional 12" Oak from the rear property line and the addition of 12" of Hardwood mitigation. Notification of that tree removal had come to Ms. Hall in the form of an email received and forwarded by Public Works Director Rick Carper, from Kelly Elmore, landscape azchitect for the property. The email stated it was to "to confirm our removal of a disfigured and unshapely 12" Live Oak on the rear yazd property line located at 1250 East Coast Drive utilizing the current tree removal permit as applied for by Elite Homes. The tree will be mitigated via dollars to the mitigation fund." The tone of that statement led Ms. Hall to believe that the tree had already been removed. Thus, when she brought the information to the Boazd, she told them that the notification came after-the-fact of removal and that proper procedure for modifying an existing permit had not been followed. Additionally, Ms. Hall reminded the Boazd that she had written a letter to Mr. Elmore and Chris Lambertson, the original tree permit applicant and contractor for the property, stating that she had received the email regarding the tree, and explaining the proper procedure for modification to an existing tree removal permit, Page 2 of 6 which included submitting a revised tree removal permit application and a revised tree survey for consideration by the Board. At the previous meeting, no representative of the property had appeared, and the Board was extremely upset by the landscape azchitect and contractor's lack of respect for the Tree Protection Ordinance and the protocol that it established. The Board reviewed the case, granted modification of the permit to include the 12" Live Oak and assessed 100% mitigation since it was thought to have been removed without benefit of permit. Ms. Hall stated that a couple of days after the June 27~' meeting, she spoke with City Manager Jim Hanson regazding the Tree Boazd's concern over what had been explained to her [Hall] as repeated violations of Tree Protection Ordinance by several contractors and builders active in Atlantic Beach. In particulaz, the Board was concerned as to what sort of example Mr. Lambertson, who serves on the Community Development Boazd, might be setting for other contractors and builders. Ms. Hall told the Board that Mr. Hanson had told her that he would call Mr. Lambertson to discuss the issue further. The following morning, Ms. Hall received a phone call from Mr. Lambertson who apologized for the confusion and explained to Ms. Hall that the tree in question had not been removed. Rather, according to Mr. Lambertson, he had informed Mr. Elmore that he would not remove the tree .until proper permission was obtained from the Tree Boazd. Mr. Lambertson said that he had told Mr. Elmore what needed to be done, and that he was waiting to heaz back from Mr. Elmore. Ms. Hall told Mr. Lambertson that the Boazd had considered that matter at the previous meeting and because they thought that Mr. Elmore was saying that the tree had been removed that they had assessed 100% for mitigation. However, Ms. Hall said that she would convey Mr. Lambertson's apology and explanation, and ask that they reconsider the mitigation assessment. She also gave Mr. Lambertson permission to go ahead and remove the tree. The Boazd then held discussion and decided that even though the tree had not yet been removed, as was previously thought, the 100% mitigation would stand because the applicant had not followed proper procedure in seeking modification to the existing permit. Also, it was noted that this was the second such modification to the tree removal permit for this property. 3. 1680 Jordan Street (Doctor-Brock) Ms. Varney passed out diagrams that she had drawn of Ms. Brock's property, identifying building restriction lines, and buffer zones for structures, infrastructure and existing Palms on the site. Ms. Varney explained to the Boazd that she had been in touch with Larry Figart, the Urban Forester with the Duval County Extension Office, whom had shazed with her some recommendations for Ms. Brock's yard, given the constraints of her lot. Additionally, Mr. Figart suggested that Ms. Varney contact JEA's forester to request assistance. Mr. Figart said that JEA has it's own nursery and might be willing to donate trees to Ms. Brock to assist in meeting her mitigation requirements, if not on her own property, possibly in a public pazk. Ms. Varney said that she would continue pursuing this line of assistance and would keep the Board informed of her progress. Page 3 of 6 4. 455 Atlantic Blvd (Lewis) Ms. Hall explained that she had received an email on July 23, 2007, also copied to Code Enforcement Officer Alex Sherrer, from Public Works Director Rick Carper stating that this commercial property once again had a "For Sale" sign on it. Mr. Carper had forwarded an email that he had sent to Alex Sherrer, City Clerk Donna Bussey and copied to TCB Chairperson Maureen Shaughnessy, City Manager Jim Hanson and Community Development Director Sonya Doerr on August 21, 2006, explaining that Mr. Carper had spoken with the property owner, David Lewis regarding the outstanding mitigation. At that time, Mr. Lewis was in the process of meeting with his realtor to decide whether to sell the entire project or to build and sell individual condos. However, Mr. Carper reported in that email that Mr. Lewis told him to go forward with the lien process in lieu of mitigation. Mr. Carper stated that the tree removal permit listed 322" required mitigation ($37,674) although only 298" were removed. Ms. Hall told the Boazd that she would be requesting that the City Clerk check to see if a lien had been placed on the property when Mr. Carper sent his first email out, neazly a yeaz ago. If not, Ms. Hall will then have to send a notice to the property owner establishing a deadline to pay mitigation, after which, if not paid, the case will be referred to the Code Enforcement Boazd. c. Notifications 1. Atlantic Beach Elementary School (Kelly Elmore) Ms. Hall stated that she had received a phone call from Kelly Elmore, landscape architect for the Atlantic Beach Elementary School renovations. Mr. Elmore stated that he had spoken with Kevin Trussell, Duval County Schools Facilities Planning, who had told him that the School Boazd was exempt from having to obtain tree removal permits and meet mitigation requirements because the School Boazd is a Special District with its own planners and building code. Additionally, Mr. Elmore stated that former Atlantic Beach Building Official Don Ford had previously told contractors and builders working on ABES projects that they were exempt from those requirements. Ms. Hall stated that she told Mr. Elmore that she was awaze that the School Board is a Special District and that it abides strictly by the Florida Building Code rather than local amendments to the FBC. Nevertheless, Ms. Hall said that she did not believe that the School Boazd was exempt from tree removal permitting and mitigation requirements because a) the Tree Protection Ordinance was not part of the Building Ordinances and b) the Tree Protection Ordinance was enacted to protect the natural chazacter of the city. However, she told Mr. Elmore that she would look into it and get back to him. Ms. Hall said that she did further reseazch into the Florida Statutes and the Florida Administrative Code and found nothing that lead her to believe that the School Boazd would be exempt from these requirements. Ms. Hall then conferred with City Attorney Alan Jensen who conferned that it was only local amendments to the Florida Building Code from which the School Boazd was exempt. After Ms. Hall conveyed that information in writing, Mr. Elmore called and requested a meeting with Ms. Hall. Ms. Hall stated that she met with Mr. Elmore on Monday, July 23. She said it was obvious that Mr. Elmore was quite dissatisfied with the permitting and mitigation process established by the Tree Protection Ordinance, not only in the case of ABES, but also in the case of 1250 East Coast Drive, and in anticipation of the Selva Page 4 of 6 Marina Country Club project. Ms. Hall explained to Mr. Elmore that she was merely the messenger, and that if he was interested in affecting change that she would like to recommend him as a local expert participant in future workshops whenever the City Commission decides to revise the Tree Protection Ordinance. In the mean time, however, Ms. Hall stated that she was more than happy to assist Mr. Elmore with current regulations and negotiations with the Tree Board. Mr. Elmore stated that he had akeady begun the tree removal permit application for ABES and would submit it for review and consideration by the Board as soon as it was completed and approved by the School Board. IV. REPORTS AND ANNOUNCEMENTS a. Staff tree survey standards Ms. Hall said that City Manager Jim Hanson had requested a meeting to discuss some tree issues. In particular, Mr. Hanson said that there had been an inquiry as to if there was some mechanism for ensuring that all lots are meeting minimum tree/landscaping standards. Ms. Hall said that she told Mr. Hanson that there was literally no systematic organization. and the only files that she had received upon taking over as tree board liaison were those accumulated by Rick Carper during his nine to ten month tenure. As a result, Ms. Hall said that she has spent practically all of her first six months establishing a system to accommodate application processing, permit issuing and mitigation tracking. Because Ms. Hall has other duties related to her primary job as a planner, she has not had the luxury to spend a lot of time in the field determining if every lot in the city meets minimum tree requirements. However, Ms. Hall told Mr. Hanson that she does inform all callers and walk-ins inquiring about tree removal and not needing a permit that they must meet minimum tree requirements. Additionally, Ms. Hall tracks these tree removals using the Microsoft Office Tasks function. Anew task is entered for each address, with notes as to the tree(s) being removed. The date of inquiry is recorded, as well as the date of actual work, if known. A "due date" of six months from inquiry date is set, at which time, the property will be checked for compliance with minimum tree standards. This information is also forwarded to Code Enforcement Officer Alex Sherrer for monitoring since he is out in the field on a daily basis. Ms. Hall also told the Board that she had discussed with Mr. Hanson the potential of using mobile GIS for verification of tree surveys submitted by applicants. Ms. Hall explained to Mr. Hanson that this would make it easier to monitor mitigation and minimum tree standards on properties that had come before the tree board, and it would also, over time, build a database of trees in the community. Mr. Hanson asked if this would be a service [conducting tree surveys] that we (the City of Atlantic Beach] might be able to provide to homeowners in the future. Ms. Hall replied that she thought it would be an excellent service to provide, especially to elderly homeowners and/or those who could not afford a professional tree survey. However, Ms. Hall said that this would only be in the case of small projects or renovations, and that commercial projects and development or redevelopment of entire properties would require professional tree surveys that are typically undertaken by land surveyors. b. Educational programs for Nonprofits, HOAs Ms. Hall stated that she has filled requests from a couple of HOAs in the past few weeks for information on the Tree Protection Ordinance. Additionally, she will begin compiling a list of HOAs, neighborhood organizations and nonprofits (such as Habitat), as well as a list of homebuilders/sellers active in Atlantic Beach, to whom Tree Protection information will also be distributed. Page 5 of 6 V. ADJOURNMENT Motion: Carol Varney made a motion to adjourn the meeting at 8:20 pm; Brea Paul seconded the motion and it passed unanimously. '' Maureen Shaughnessy, Chairpers rte-- c~ :~ Dare Page 6 of 6