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Item 8AAGENDA ITEM # 8A NOVEMBER 10, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Branholm Appeal of Tree Conservation Board Mitigation Order Case #: TREE 06-00032018 Address: 342 5~ Street Description: 5-69 16-2S-29E Atlantic Beach Lots 15,17 Block 6 RE#: 169836-0000 (Lot 15); 169836-0020 (Lot 17) SUBMITTED BY: Erika Hall, Principal Planner/Staff Liaison, Tree Conservation Board DATE: October 30, 2008 BACKGROUND:. In October 2005, the applicant purchased the subject property which consisted of two lots, containing asingle-family home (Lot 15) constructed in 1919 and a swimming pool (Lot 17). In November 2005, the applicant obtained permit (DEMO-OS-00031610) to demolish the existing structure. In January 2006, the applicant entered into an agreement with the City of Atlantic Beach, whereby he was permitted (TREE 06-00032018) to remove protected trees from this private property located within the City's jurisdiction, in .exchange for replacement of those trees according to the provisions of Chapter 23, Article II, of the Atlantic Beach Municipal Code of Ordinances in effect at the time. In summazy, the applicant was approved to remove a total of 258" of existing trees [12"Magnolia, 77" Palm, 21 "Elm, 10" Cherry, 10" Laurel Oal~ all located in the exterior zone, and 36" Palm, 8S"Live Oal~ and 7" Birch, all located in the interior zone), and assessed, by the Tree Conservation Boazd, 54" mitigation [38"Palm, 10" Oal~ and 6"other hardwoods). The tree permit expired in July 2006 and the Code Enforcement Officer notified the applicant of code violations due to failure to accomplish mitigation. The applicant claimed he was unable to meet his mitigation obligation due to unfavorable economic circumstances and personal hazdships. Subsequently he sought and was granted a deferral by the Tree Conservation Board, based on the stipulation that "payment" would be made when certain other conditions were met -specifically the sale of a portion (one lot) of the property so that the remainder (one lot) could be developed for the applicant's personal use. However, when the first lot sold four months later in Mazch 2007, the applicant did not come forward to the City and pay the deferred mitigation, or even offer a plan to accomplish the mitigation as part of the redevelopment of the remaining lot. Furthermore, in April 2008, the applicant also sold the lot allegedly to be retained for personal use, and again failed to notify the City. In May 2008, staff reseazch of outstanding mitigation cases revealed the disposal of all property subject to TREE 06-00032018 and failure to accomplish the assessed mitigation. Staff sought direction from City Attorney Alan Jensen who in turn issued a "letter of collection" to the applicant. The applicant responded to Mr. Jensen, via legal counsel, with a request to appeaz before the Tree Conservation Board. Staff issued a report to the Tree Boazd with a recommendation that the deferral should be rescinded and the original mitigation order reinstated so that the case could be moved along to Code Enforcement. Instead, the Boazd heazd the pleas of the applicant and entertained the idea of allowing the applicant's legal counsel to draft an "agreement to mitigate" acceptable to the City of Atlantic Beach, between the applicant/former owner and the current owner, and directed the November 10, 2008 regular meeting AGENDA ITEM # 8A NOVEMBER 10, 2008 applicant to return with such a draft in six (6) weeks. The premise of the proposed agreement was the applicant's claim that he had notified the. current owner. at time of purchase of outstanding mitigation and that he [NIr. Branhohn~ would be acting as a contractor involved in the redevelopment of the property. He also asserted that, as a contractor with connections to the landscaping industry, we would be able to obtain and plant trees at a much lower cost than the cash equivalent value of the required mitigation, should he be required to "pay" the mitigation. Please note that no plans have been submitted for Development Review in association with this property and,. if redevelopment occurs in the same manner as has been typical throughout the City, the new primary structure will most likely occupy a greater area of tfie lot, possibly built to the maximum extent allowable by the current zoning setbacks. The lot would also be required to accommodate an onsite stormwater facility. Thus, staff has serious concerns as to whether or not the redeveloped lot will be able to accommodate .the number of trees required to meet assessed mitigation given this typical scenario. Finally, staff interpreted the provisions of Chapter 23, Article II to preclude the Tree Board from entering into or accepting on behalf of the City any Such agreement as described above, and Section 23-17(g}(4) specifically assigns appeals to' the 'City Commission. Thus, the Tree Board was advised and acted accordingly by rescinding the deferral of mitigation, reinstating the original mitigation order, and advising the applicant of his right to appeal at the September 24~''regular meeting. . RECOMMENDATION: Reaffirm the Tree Conservation Board's original determination ,and resultant mitigation order requiring payment of the original mitigation amount (cash equivalent value of $6,318.00) plus interest dating back to the sale of Atlantic Beach Lot- 17, Block 6 (March 2, 2007), which satisfied the conditions upon which the original,mitigation deferral was based, into the Tree Conservation Trust Fund within seven (7) days of decision by the City Commission. ATTACI'IMENTS: No attachments are included; however staff maintains an extensive file with numerous supporting documents, all of which can 6e made available (hard copy or electronically) upon request. BUDGET: No budget issues. REVIEWED BY CITY MAN November 10, 2008 regular meeting 2 AGEAiDA ITEM # 8A NOVEMBER 10, 2008 CC TO< ___. j Ity COir1~1SiOD Ci:y M~cager City Attorney O Press ~ Fi1e TIMOTHY P. KELLY, P.A. -- /,,~~ /° .~"~.`~_ A7TORNGI' AT LAN' ~ - - Dare: ~L ] 016 LASALLE STREET JACKSONVILLE, FLORIDA 32207 TELEPHONE 904-399-3705 October 24, 2008 VIA HAND DELIVERY City Commission City of Atlantic Beach, Florida Atlantic Beach, FL Received OCT 2 4 Z0~ (~IC6 O~ C~/ ~el'~ FACSIMILE 904-399-3706 Re: File No. TREE 06-00032018 Description: 5-69 16-2S-29E Atlantic Beach Lots 15, 17 Block 6 Mitigation RE # 169836-0000 Dear Members of the City Commission: This fin37 has the pleasure of representing Petitioner, Kenneth Branllohzl, the former owner of Lots 15 and 17, Block 6, Atlantic Beach, Florida. Mr. Branholm is respectfully reduesting an appeal from the City of Atlantic Beach Tree Conservation Board. Byway of background, Mr. Branholm would share the following chronology of events: 1. January 11, 2006 - At a regularly scheduled meeting of the Tree Conservation Board, Mr. Branholm's tree removal application was granted by unanimous approval. The Board directed the issuance of a tree removal permit for 12" of magnolia, 77" of palm, 21 " of elm, 10" of cherry, 10" of laurel. oak, all located in the exterior zone, anal 36" of palm, 85" of live oak, and 7" of birch, all located in the interior zone, to be mitigated with 38" of palm, 10" of oak and 6" of hardwood - to be planted on site. A copy of the meeting minutes is attached as E~:hibit "A." 2. November 8, 2006 - At Petitioner's request the Tree Conservation Board agreed not to lien the property in order for Petitioner to market and sell one lot. A copy of the meeting minutes is attached as Exhibit "B." AGENDA ITEM # 8A NOVEMBER 10, 2008 Clty COmn11SSlOn October 24, 2008 Page 2 3. August 13, 2008 - A Tree Conservation Board deferred further consideration of this matter to a later date at which time the Petitioner and the new owner of one of the lots, Thomas DeGiovanni, would propose an agreement to comply with the mitigation. Counsel for the City of Atlantic Beach provided the te1711s of the agreement to Petitioner's counsel. A copy of the meeting minutes is attached as Exhibit "C." A copy of the Mitigation Agreement is attached as Exhibit "D." 4. August 27, 2008 -The Board voted to rescind the motion of August 13, 2008 wherein further consideration of this matter was deferred. The Board further ordered reinstatement of its original mitigation order. Please note that the item which was acted on by the Board was not a scheduled topic at the August 27, 2008 meeting, but was added at the request of a Board member. The Petitioner was not noticed to appear at that meeting. A copy of the meeting minutes is attached as Exhibit "E." 5. September 24, 2008 -The Board determined based upon its limited authority that it could not enter into the agreement with the new property owner as previously directed in the meeting held August 13, 2008. The Board voted to reinstate and impose the original mitigation order. A copy of the meeting minutes is attached as Exhibit "F." Mr. Branholm committed verbally at the time of sale to Mr. DeGiovanni that he would plant the requisite trees and plants. He has since, at the direction of the Board and its counsel, conllnitted in writing to plant the requisite trees and plants to mitigate. Mr. Branholm recognizes the legitimate interests and purpose of the Tree Conservation Board to oversee the replanting of plants of equivalent size and quality. It is not his intent to by-pass the City's rights regarding tree removal or mitigation procedures. The Tree Conservation Board has indicated it lacks the authority to allow Mr. Branholm, Mr. DeGiovanni and the City of Atlantic Beach to enter into the proposed Mitigation Agreement. With the stated goal of the Tree Conservation Board in mind, Mr. Branholm seeks review of the actions of the Board solely for the purpose of obtaining from the City of Atlantic Beach permission. to enter into the Mitigation Agreement. Alternatively, Mr. Branholm would respectfully request that the City Commission remand this matter to the Tree AGENDA ITEM # 8A NOVEMBER 10, 2008 City Commission October 24, 2008 Page 3 Conservation Board with instructions to provide equivalent mitigation of plants or trees where designated by the Tree Conservation Board. Your review and careful consideration of this matter is greatly appreciated. Should you require anything further from my office, please do not hesitate to call. Respectful] su mitted, imothy P. Kelly TPK:dfg Encl. c: Kenneth Branholm Tree Conservation Board Alan C. Jensen, Esq. AGENDA ITEM le 8A NOVEMBER 10, 2008 MINUTES OF REGULAR MEETING OF TREE CONSERVATION BOARD January I1, 2006 A regular meeting of the Tree Conservation Boazd was held on January 11, 2006 in the Adele Grage Cultural Center. Present were Chair Maureen Shaughnessy, Jim McCue, Chuck Caaoll, Stephanie Catania, Building Official Don Ford and Recording Secretary Amber Lehman. 1. Call to Order The meeting was called to order at 7:05 p.m. 2. Recognition of Visitors None. 3. Agproval of Minutes of the Meeting of November 9 2005 A motion was made by Board Member Carroll to approve minutes from the November 9, 2005 minutes, 2°d by Board Member Catania, unanimously carried. 4. New Business A. Tree Removal Applications 1.342 Su Street Ken Branholm, 222 Cedar Street, stated that he wanted a tree removal. permit to remove several trees out of this lot so that. he can construct a single. family dwelling, A motion was made by Board Member Catania, seconded by BoardMember Cgrroll unanunousl3~ approved to instruct the building official to issue a tree removal permit for 12 inches of magnolia, 77 inches of palm, Zl inches of elm, 10 inches of cherry, 10 inches of Iaurel oak, all located in the exterior zone, and 36 inches of palm, 85 inches of-live oak, and 7 inches of birch all locatted in the interior zone, to be mitigated with 38 inches of ..palm, 10 inches of oak,. and 6 inches of hardwood to be planted onsite. 2.630 Sherry Drive Nicholas Nevin, (not present at meeting) submitted a tree removal application to remove one 14 inch maple and one 13 inch palm located in the interior zone for the construction of a room addition. Mr. McCue stated that he did not feel comfortable approving the tree removal request without a boundary survey. Mr. Ford explained to the board members that they can approve the request with a provision that the applicant toms in a correct boundary survey. A motion was made by Board Member McCue, seconded by Board Member Carroll, unanimously approved to instruct the building official to issue a tree removal permit for ``~ ~ . A„ AGENDA ITEM # 8A NOVEMBER 10, 2008 one 14 inch maple, and one 13 inch palm located in the interior zone, no mitigation is required. Upon issuance of the permit, the applicant must submit a proper boundary survey annotating both the interior and exterior zones. 3. Lot 24, Block 1, Selva Marina Unit 1 Chris Lambertson (present at meeting) submitted a tree removal application to remove one 26 inch water oak in the interior zone and one 14 inch palm located in the exterior zone. A motion was made by Board Member Catania, seconded by Board Member Carroll, motion unanimously approved to instruct the building official to issue a tree removal permit fior one 14 inch palm located in the exterior zone and one 26 inch water oak located in the interior zone to be mitigated with one 6 inch live oak, one 14 inch palm, and one 4 inch live oak, and one 3 inch live oak to be planted onsite. 4. Lot 4, Block 144, Begonia Street A motion was made by Board Member McCue, seconded by Board Member Carroll, motion unanimously approved to instruct the applicant to resubmit the tree removal application completed and to request the applicants presence at the next meeting. 5.27 Edgar Street Barry Geiger, (not present at meeting) submitted a tree removal application to remove 18 inches of pecan in the interior zone, and 22 inches of pecan, and 7 %2 inches of oak in the exterior zone for the construction of a new home. A motion was made by Board Member Catania, seconded by Board Member McCue, and unanimously carried to instruct the building official to issue a tree removal permit to remove 18 Inches of pecan in the interior zone, and 22 inches of pecan, and 7 ~ inches of oak in the exterior zone, to be mitigated with 7 three Inch oak trees to be planted onsite. B. Proposed Tree Ordinance Mr. Ford stated that the he would like to have everyone's comments and suggestion is by the next board meeting so that it can be voted on at the next commission meeting. 5. Old Business None. 6. Reports and Announcements None. AGENDA ITEM # 8A NOVEMBER 10, 2008 7. Adjournment The meeting was adjourned at 8:26 p.m. ~~~ Maureen Shaughnessy, Chair / Jt~;-39Q$ Troe Boan3 Minutes Q~ AGENDA ITEM # 8A NOVEMBER 10, 2008 Minute~r of Novemfier 8, 20D6, Tree Conservation Board 1 MINUTES OF THE REGULAR MEETING OF THE TREE CONSERVATION BOARD November 8, 2006 A regular meeting of the Tree Conservation Board was held Wednesday, November 8, 2006 at the Adele Grage Cultural Center. Present were Chair Maureen Shaughnessy, Tun McCue, Carole Varney, .Stephanie Catania, Public Works Director Rick Carper, and Recording Secretary Bambi Dickinson. Charles Carroll was absent. I. Cali to f-rder The meeting was called to order at 7:OOpm. 2. Recognition of Visitors None 3. Approval of Miaates from October 25, 2006 Regular Meeting Stephanie Catania motioned to approve the minutes from the October 25, 2006 regular meeting. Tim McCue seconded the motion and it passed unanimously. 4. New Business Tree Removal Permit Applications -None to review. Tree Removal Without Permit A. 1680 Jordan Street Cynthia Doctor was present to address the Board in regards to the removal of three water oak trees in the city right of way without a permit. She stated a man on a bicycle stopped by her home and asked if she wanted any trees removed. She directed the man to clean up a palm in the front yard and remove three other trees. The cost for this removal was $175.00. Public Works Duector Rick Carper asked Ms. Doctor is she could provide the name of the individual or business that removed the trees and she could not. The person who removed the trees left the debris for the city to clean up. The stumps of the removed trees were measured at 10", 14", and 22" for a total of 46 inches to he mitigated at 100%. A motion was made by Jim McCue to table this issue until the nett meeting to allow Ma. Doctor time to iQform herself of the city ordinances relating to tree removal in order for her to make informed decisions about mitigation for the removed trees. Stephanie Catania seconded the motion and it passed unanimously. Public Works Director Rick Carper provided Ms. Doctor with a copy of the Ordinance and Tree Removal Application to complete and submit. She was instructed to appear on December 13, 2006 at 7:OOPM for further discussion with the Tree Board on this issue. S. Old Business A. Ken Branholm = 342 5~`'Street Ken Branholm of 11433 =Saints Road, Jacksonville, Florida, 32246, was present, as owner of 342 5~' Street to address the Board in regards to a possible lien being placed on his property due to money owed the tree fund. He is requesting that a' lien not be AGENDA ITEM # 8A NOVEMBER 1Q 2008 Minutes of November 8, 2006, Tree Conservation Boa-zi placed on his property dwe to the fact the land is for sale and ''he is having difficulty 'sellingthe property. Mr. Branholm feels that a lien on the property w~71 make it more .difficult to sell. Mr.:Branholm stated severe] times he intents to pay the amount owed as soon as he receives proceeds from the sale. A emotion was made by Jim McCue to request that Public Works Director Rick Carper inform the Code Enforcement Office Alex Sherrer not to place n lien on the property located at 342 5'~'Street at tbis''time. Carole Varney .seconded the .motion and it passed unanimously, 6. Report and Announcements In response to an email Maureen Shaughnessy sent Rick Carper on several issues the following announcements were made: 1. The gas tank located at the corner of Royal Palm that was encroaching on the line of palm trees is scheduled to be removed November 8, 2006. 2. Regularly at Plaza. Road and Sail Fish Drive a large jacked up pick up truck is parked on the grass near a large tree. The concern is for the root system of the nearby tree and grass. The City is not actively enforcing the removal of vehicles parked in such a way. 3. The request for light bulbs to be put into light posts located on the brick walkway at the east end of Atlantic Boulevard. This request is in the research phase. It must be determined if electricity is available to operate the light post at this time.. 7. Adjournment A motion to adjourn was made by Carole Varney at 7:59pm and was seconded by Tm McCue and passed unanimously. ,r. ,._ c ~Gt~,r~. k..~.. ~ ;.,~f chairperson %~ ~~ ~ , Date 2 AGENDA TI'EM # 8A NOVEMBER 10, 2008 City of Atlantic Beach Tree Conservation Board Regular Meeting Minutes August 13, 2008 A regular meeting of the City of Atlantic Beach Tree Conservation Board was convened at 7.•03 pm an Wednesday August 13, 2008 at the City Hall Commission Chamber, located at 800 Seminole Road in Atlantic Beach. In attendance were Board members Jim McCue, Brea Paul, Maureen Shaughnessy, Carole Varney, and Principal Planner/Staff Liaison Erika Hall. Board member Stephanie Catania was excused from the meeting. The position of Recording Secretary was vacant. 1. CALL TO ORDER ^ Chairperson Shaughnessy called the meeting to order at 7:03pm. 2. RECOGNITION OF VISITORS ^ City Attorney Alan Jensen was recognized by the Board. 3. APPROVAL OF MINUTES Chairperson Shaughnessy called for a motion to approve the minutes fxom the July 23ra regular meeting. MOTION: Jim McCue moved to adopt the minutes of the July 23'x, 2008 regular meeting, as written. SECOND: Carole Varney seconded the motion. DISCUSSION: There was no further discussion. VOTE: Unanimous, 3-0 ~k~ i~ 1~ t- ~ ~ Page 1 of 6 AGENDA ITEM # 8A NOVEMBER 10, 2008 Minutes of the August 13, 2008 Regular Meeting of the Tree Conservation Board 4. UNFINISHED BUSINESS a. TREE 06-00032018 5-69 16-2S-29E Atlantic Beach Lots 15,17 Block 6 (Branholm) Mitigation Chairperson Shaughnessy invited the applicant to state his name and address for the record. Mr. Kenneth Branholm introduced himself as the previous owner of the subject property but did not give his address. He noted that the description was in error -that his original tree removal application was to only remove trees from Lot 15. Ms. Hall explained that the legal description used was correct, because at the time of the original application both Lot 15 & 17 were part of a common tax parcel. Mr. Branholm then said that he did not understand why he had been called before the Board, at which point Ms. Shaughnessy asked Ms. Hall to give a report on the matter. Ms. Hall explained that typically whenever tree removal permits are approved and mitigation is assessed, the applicant has until the expiration of the permit to either meet their mitigation or make arrangements for an extension. At the expiration of Mr. Branhohn's permit in 2006, then Staff Liaison Rick Carper (Public Works Director) directed Code Enforcement Official Alex Sherrer to notify Mr. Branholm that his mitigation was due. Several weeks later, Mr. Branhohn appeared before the Board and presented a written statement detailing certain hardship circumstances that prevented him from meeting his mitigation at the time and requesting leniency. The Board granted a deferment of mitigation based upon Mr. Branhohn's written and verbal statements guaranteeing payment of mitigation. Mr. Branholm then interrupted Ms. Hall and said that he had not attended that meeting and that he had not agreed to pay (monetarily) for the mitigation. Ms. Hall referenced the official minutes of the November 8, 2006 meeting, however Mr. Branholm became more argumentative and attempted to speak over Ms. Hall. At that point, Ms. Hall read the letter signed and submitted by Mr. Branholm to the City of Atlantic Beach Tree Board, dated November 7, 2006: To Whom It May Concern: This letter is in reference to issues related to a potential lien from the City regarding Tree Removal Mitigation. It is my intent to sell one lot, as to afford myself to build on an adjacent lot. The recent real estate slow down and uncertainty regarding zoning and building restrictions have only compounded the selling of real estate in Atlantic Beach. I am sure, and have verified that property with a lien is a negative when an interested party is entertaining purchase. It was suggested to me to list both lots, as to ma~amize exposure at the time; that two MLS listings attract more attention than one. For these reasons, I humbly request that no liens be placed on said property. Your help in this matter is greatly appreciated. Sincerely, [Ken Branholm] Ms. Hall then read from the official meeting minutes of November 8, 2006: Page 2 of 6 AGENDA ITEM # 8A NOVEMBER 10, 2008 Minutes of the August Y3, 2008 Regularll~eeting of the Tree Conservation Board Present were Chair Maureen Shaughnessy, Jim McCue, Carole Varney, Stephanie Catania, Public Works Director Rick Carper, and Recording Secretary Bambi Dickinson. Charles Carroll was absent...[Item 5.A.] Ken Branholm of 11433 Saints Road, Jacksonville, Florida, 32246, was present, as owner of 342 5`h 5treet to address the Board in regards to a possible lien being placed on his properly due to money owed the tree fund. He is requesting that a lien not be placed on his properly due to the fact the land is for sale and he is having difficulty selling the property. Mr. Branhohn feels that a lien on the property will make it more difficult to sell. Mr. Branholm stated several times he intents [sic) to pay the amount owed as soon as he receives proceeds from the sale. A motion was made by Jim McCue to request that Public Works Director Rick Carper inform the Code Enforcement Office [sic) Alex Sherrer not to place a lien on the property located at 342 5`s Street at this time. Carole Varney seconded the motion and it passed unanimously. Mr. Branholm continued to argue that he was not present at that meeting, and that he never said that he would "pay" for the trees...alluding to his current financial hardships. Ms. Hall again noted that these were the official minutes of the meeting and that five other ..persons were present, three of which were also present at tonight's meeting, and Ms. Varney interjected that she would have never seconded such a motion, or voted to approve a deferral without a personal presentation and guarantee from Mr. Branholm. Ms. Shaughnessy added that the Board had been sympathetic to Mr. Branholm's circumstances and taken him on his word that he would meet his mitigation whenever certain conditions were met. Then, when those conditions were met, Mr. Branholm failed to meet his obligations. Mr. Branholm said he still did not understand why he was called before the Board - that he had every intention of planting the trees. He said that the new owner was had been made aware that Mr. Branholm owed trees, and that he was in the planning stages of residential construction, and it would be stupid to plant the trees prior to construction. Visibly agitated, Mr. Branholm repeatedly asked the Board if they were only about money, because he did not have any. He said he thought the Board was about saving trees, but it appeared that they just wanted money. Ms. Hall. explained that essentially, applicants enter into a contract with the City, by which the City grants permission for tree removal and the applicants agree to "pay" mitigation, either by planting new trees, protecting existing trees, or paying into the tree fund, in exchange for the right to remove trees. She then reiterated that applicants are required to meet their mitigation within six months of permit issuance, which is when the permit expires. However, arrangements can be made and agreed upon and documented by staff, to allow the new planting to be accomplished over an extended period of time, but usually prior to the issuance of a Certificate of Occupancy or Final Inspection for whatever development may be permitted. However, if applicants do not meet those deadlines, or if they abandon their projects as Mr. Branholm did, after removing trees but before meeting mitigation, the City has the right to demand payment. Mr. Branholm argued that he did not abandon his project, but was court- Page 3 of 6 AGENDA ITEM # 8A NOVEMBER 10, 2008 Minutes of the August 13, 2008 Regular Meeting of the Tree Conservation Board ordered to sell his property. Ms. Varney countered that Mr. Branholm's personal circumstances were irrelevant to this discussion -but she referenced a previous case in which a Habitat homeowner was ordered to pay over $5,000 in mitigation for mistakenly removing trees from City right-of-way. She noted that this person had paid her debt, and there was no reason that Mr. Branholm could not be expected to do the same. Mr. Branholm said that he had a letter from the new owner stating that he was aware of the mitigation and agreed to be bound by it. However, Mr. Branholm neither read the letter nor passed it around to the Board for inspection, nor was a copy submitted to staff for the case file. ibis. Varney said that there is nothing binding responsibility to the new owner. Mr. McCue asked City Attorney Alan Jensen if Mr. Branhohn's agreement with the City in any way clouded the deed or damaged the transaction/transfer of property to the new owner. Mr. Jensen replied that had a lien been filed and recorded, it would have, but that did not happen. Mr. McCue then asked Mr. Jensen if, since the property has been conveyed, Mr. Branholm had the ability to plant trees on the property. Mr. Jensen recommended that if the Board were to extend that option, it should entail a formal letter of agreement, executed by Mr. Branholm and the new owner (DeGiovanni), and accepted by the City of Atlantic Beach, requiring the originally assessed mitigation of 54" be accomplished prior to issuance of a CO to the new owner. Mr. Branholm disagreed with the 54" of mitigation and stated that 51" was shown on the original application. Ms. Hall replied that the motion, as recorded in the official minutes of the January 11, 2006 meeting read: "A motion was made by Board Member Catania, seconded by Board Member Carroll, unanimously approved to instruct the building official to issue a tree removal permit for 12 inches of magnolia, 77 inches of palm, 21 inches of elm, 10 inches of cherry, 10 inches of laurel oak, all located in the exterior zone, and 36 inches of palm, 85 inches of live oak and 7 inches of birch all located in the interior zone, to be mitigated with 38 .inches of palm, 10 inches of oak, and 6 inches of hardwood to be planted onsite." Thus, the official mitigation assessment was 54" [38 + 10 + 6]. [Note: Calculation of the numbers submitted on the original mitigation worksheet indicates that the Board could have assessed as much as 82.50" in mitigation, or a cash value equivalent of $9, 652.50; however the reviewing board had apparently come to agreement on 54': Thus that amount is being pursued by staff. - EHJ Ms. Shaughnessy added that, since no one had received a copy of or seen the contents of the letter to which Mr. Branholm referred, she would feel more comfortable having this discussion with the new owner present. Mr. McCue suggested that the Board defer further consideration of this matter until next meeting, so that Mr. DeGiovanni could be present and a draft of the letter of agreement could be discussed. Mr. Jensen stated that he could talk to Mr. Branholm's attorney and let him know what was needed in the letter. Page 4 of6 AGENDA ITEM # 8A NOVEMBER 10, 2008 Minutes of the August 13, 2008 RegularMeeting of the Tree Conservation Board MOTION: Board Member McCue moved that further consideration of this matter be deferred to a later date, at which time Mr. Branholm shall appear before the Board, along with Mr. DeGiovanni, bringing a draft letter of agreement as to responsibility for the outstanding mitigation assessed against the subject property, to be drawn up between the two parties, with assistance from Mr. Branholm's legal counsel and Mr. Jensen. SECOND: Board Member Varney seconded the motion. DISCUSSION: Ms. Hall noted that the next meeting would be August 27`". Mr. Branholm stated that he would be unable to attend that meeting. Ms. Hall said there wQUld Qnly ire Qme rneetinb i:t September aeae tQ staff ae~ailabilit~~, and :.hut meet:.cng would be on September 24`h. Mr. Branholm .agreed that he would return at that meeting. There was no further discussion of the matter. VOTE: Unanimous, 4-0. 5. NEW BUSINESS a. TREE 08-00100036 334 9th Street (Paphides) Tree Removal Chairperson Shaughnessy noted that the applicant was not present, but that she had spoken with her on the property earlier in the day. She said that due to the bad weather, and the fact that the applicant had recently had back surgery and was not yet allowed to drive, she might not make it to the meeting. Mr. McCue stated that he did not feel this to be adequate excuse from the meeting. Ms. Hall gave a brief summary of the application, stating that Ms. Paphides had recently had several surgeries, including back, and was installing a pool for therapeutic purposes. Due to the primary structure being sited so far back on the lot, she was required to obtain a variance [ZVAR 2008-Ob9, approved by the Community Development Board on July IS, 2008] to locate the pool beyond the front of the structure. Ms. Hall said that the planned location of the pool was in close proximity to a large (35") leaning pine tree, and thus Ms. Paphides was petitioning the Board to remove that one tree. Ms. Varney .noted that Ms. Paphides did not indicate how she would mitigate for the removed tree. Ms. Hall said that she has had several conversations with Ms. Paphides, and that she is aware of her options (planting, protecting, paying), but she suspects that Ms. Paphides may not have marked a method because she was waiting to find out if she would awe any mitigation because when the application was submitted, Ms. Paphides mentioned that the tree appeared to be diseased or dying. Ms. Hall noted that a portion of the upper tree did appear to be dead. Still, Ms. Varney said that the applicant should have marked an option, because with an incomplete application and no applicant present to answer the Board's questions, it was not possible for them to act. Page 5 of G AGENDA ITEM # 8A NOVEMBER 10, 2008 'Minutes of the August 13, ZOOS RegularMeeting of the:Tree Conservation Board Mr. McC~e :also raised issue with the site plan submitted. 'It did not show the, entire lot,. nor did it indicate :interior/exterior zone lines. Additionally, he aaid that he had difficulty determining the actual location of the tree, as the notation on the plan did not seem to correspond with he ground. MOTION: Board `Member Varney .moved to .defer :further consideration of this application -until the applicant. can ubmxt a completed application, including an indication of method of mitigation and a .revised site ;plan per the Board's :comments ~~borel. 5ECOND: Board Member Brea Paul seconded the motion. DISCU55ION: There was no further discussion. VOTE: Unanimous, 4-0. 6. REPORTS A-.ND ANNOUNCEMENTS ^ No reports or announcements were given. 7. ADJOURNMENT ^ Chairperson Maureen Shaughnessy adjourned the meeting at 7:5~ pm. -_~ ~,~ ,! ~ ' ~.' , ;- ~..i ~ ._ SIGNED: Maureen Shaughnessy, .Chair 'Date ~~ ATTEST: Erika -Hall, Principal Planner/Staff Liaison 1 ;Page 6 of 6 AGENDA ITEM # 8A NOVEMBER 10, 2008 CITY OF ATLANTIC BEACH, FLORIDA TREE CONSERVATION BOARD CITY OF ATLANTIC BEACH, FLORIDA CASE NO: TREE 06-000320] 8 Petitioner, v. KENNETH M. BRANHOLM, Respondent. Address: 342 S"' Street Description: 5-69 16-2S-29E Atlantic Beach Lots 1S, 17 Block 6 RE # 169836-0000 RE: SETTLEMENT Comes now the Petitioner, City of Atlantic Beach, Florida, the Respondent, Kenneth M. Branholm and Thomas DeGiovanni and Fiona McDonald, his wife, collectively hereinafter referred to as "DeGiovanni" and hereby stipulate and agree as follows: FINDINGS OF FACT:. Petitioner is the former owner of the following described real property, lying and being in Duval County, Florida to wit: Lots 15 and 17, Block 6, Plat 1, SUBDIVISION"A", ATLANTIC BEACH, according to the map or plat thereof, as recorded in Plat boot: S, Page 69, public records of Duval County, Florida 2. Respondent was granted by the City of Atlantic Beach a tree removal permit allowing hnil to remove protective trees from the City's jurisdiction in exchange for replacement of those trees or their defined value, according to the provisions of Chapter 23, Article II, of the Atlantic Beach Municipal Code. Specifically, Respondent was approved to remove 12" N.\ • ~,%~~~ AGENDA ITEM # 8A NOVEMBER IQ 2008 Magnolia, 77" Patin, 21"Elm, 10" Cherry, 10" Laurel Oak, all located in the e~tei°ior zone, and 36" Palm, 85" Live Oak and 7" Birch, all located in the interior zone, to be mitigated with 38" Palm, 10" Oalc and 6" other hardwoods, to be planted on site. ~. Respondent has conveyed his interest in both of the above described lots, the last of which was Lot 15, ~-~hich was conveyed to DeGiovanni. 4. The required mitigation has not occurred. 5. DeGiovanni contemplates construction and landscaping of a single family residence on Lot 1 ~, which would include landscaping similar to t11e type, quality and size required to be mitigated by Respondent. 6. Mitigation at this juncture would not be economically prudent aild would interfere with and frustrate DeGiovanni's construction and landscaping plan. 7. Respondent desires to comply with required mitigation in conjunction with DeGiovanni's construction of a single family residence. STIPULATED AGREEMENT Based upon the foregoing the Lmdersigned parties hereby stipulate and agree as follows: 1. In conjunction with the construction of DeGiovanni's single family residence, Respondent shall provide a minnnum of 10" Sable Palms, 10" Oal: and 6" of other hardwoods. 2. Prior to planting, DeGiovanni and Bi°anholm shall provide to the Cite of Atlantic Beach a list of the type, size a~.ld quality of the trees and plants which they propose. to plant on Lot 15 3. Upon approval by the Cite of Atlantic Beach, and the planting by Branholm, the parties shall mutually release one another. 4. The Petitioner and Respondent shall each bear their own attorneys fees and costs. AGENDA ITEM # 8A NOVEMBER 10, 2008 CITY OF ATLANTIC BEACH, FLORIDA TREE CONSERVATION BOARD BY: Maureen Shaughnessy, Tree Conservation Board Chairperson Attest: Erika Hall, Principal Planner / Staff Liason 1 1 ~ ~-.~ THOMAS DEGIO KE ETH M. BRANHOLM FIONA MCDONALD AGENDA ITEM # 8A NOVEMBER IQ 2008 ~~ ;' ~,) 1~~ ~} ~) ~. ~ i r)+~1~/' -_. ~~ty ®f Atlantic ~eac~ Trey ~ons~rv~tio>~ ~3o~~-d Rebular Meeting 1~Iinutes August 27, 20O~ A regular meeting of the Cilj~ of Atlantic Beaclt Tree Conservaticrrt Bocrrd wcrs convened at 7.•(13 rrnt. ort lA'ednesday Ar~cgust 27, 200 at the. Adele Gr-rzge. Cultural Center; located ut 71 G Ocean Boulevard irr Atlarttr'c Beaclt. In attendance were .Board Merrzl~ers Jura McCue, Brea Paul, Maureen Sharrglzness}~, Carole Var~tey~, and Princiyul Planner/Staff Liuisort Erika Hull. .Board Menrberr ,Stef~hanie Catania was excused fiorrt the meeting. 7%ze position a~' Recording Secretuh~ was vacant. ~• C~LI. 'I'CJ ~RI~ER ^ Chairperson Maureen Shaughnessy called the meeting t0 order at 7:03pm. G• R~1..iVV1~~`~~V'~ CJ~VI.~IT'C3RS ® There were no visitors or special guests in attendance. 3. APPRiJ~AI. ~P NiINU~'I~;S Chair Shaughnessy called for a motion. to approve the rl~inutcs from the P~ugust 13''' regular meeting. 1V~~`I'I{3N: Jim McCue moved to adopt the minutes of the August 13`'', 2008 regular meeting, as tivritten. SECfJND: Brea Paul seconded the motion. I)ISCUSS~ON: There vas no further discussion. ~dC~')~E: Unanimous, 4-0 ~. UI~T~~ ~N~~~~~ ~U~~N~S~ a. ~`1(iEE OG-0003218 ~-69 16-2S-29E ~tiantie ;Beach hots 15, 17 I3locP~ f {Branhoh~) 14~itigaticrn [This item w°as added to the agerzdr~ at ttte 1~eginnirtg o f this rrteeting, u.t t{re request of Board Memi~er• Carole Var~tev, unrl uPora cort,sensus oJ' the Bocrrcl. 1t v+~as handled out of order, after "New.l3arsiners'; item 5.a) Poe 1 0(_S ~~~~~ ~ ~ AGENDA ITEM # 8A NOVEMBER 10, 2008 Minutes c?f the9u~ust 27, 'O(h4 Regatlrtr•Ivfer~tirio of tlae Tixre C'nnservrrtion Bonrct Ms. Shaughnessy allowed Ms. Varney the Hoar since she lead requested this item be placed on the agenda. Ms. Varney stated that she believed the Board was potentially setting a disastrous precedent in allowing Mr. Branholm to subnut a "letter of agreement" between himself and the new owner of the subject property [to the Board and the City], as a means to bypass the City's tree removal ~. mitigation procedures. Ms. Varney pointed out that it is the Board's duty to review applications and assess mitigation in accordance with the provisions of the City's tree ordinance. !~s such, eAterlciing further leniency to Mr. Branholm is beyond the authority of this Board. She said that since the last meeting she had more tlloraughly reviewed. the agenda packet materials Ms. hall had submitted to the board in pl~epai•atioti for the August 13`'' meeting, and a number of factors caused her to reconsider the path the Board is contemplating: l.. The official minutes of the Jaliuary 11"', 2006 meeting reflects the Board's decision to approve a total of 258" to be removed, and require a total of ~4" to be mitigated. However, the permit issued lists a total of 239" to be removed, and requires a total of 51" to be mitigated. It appears that 21" of elm listed on the original application, and noted in tlic minutes were omitted from the details of the permit. Additionally, 4-10" palms have been substituted for 38" of palm, and 1-5" oak has been omitted Pram the mitigation requirements as listed on the permit. Ms. Hall noted that in the past, the Board employed a recording secretary to keep minutes, and the staff liaison liad an administrative assistant who entered data c4r, issued permits -and these were typically not the same person. Thus, Ms. Hall believes the omissions may have been a clerical error, and that. is why she deferred to the official record of the Board. Ms. Varney noted that based upon the original application,. the Board at the tune of original review could have assessed as much as 116" for all the trees the applicant was requesting to remove, but. for some reason, they had settled on 54". Tl1us, NIr. Branholm has already been shown a great deal of leniency from the beginning. 2. At the August 13"' meeting, Mr. I3ranhohn denied. his presence at the November 8"', 2005 meeting of the Tree. Board and denied that he ever agreed to "pay" the mitigation. However, the official minutes of the November 8"', 2006 meeting clearly record .the presence of Mr. Branholm, along with four of the currently seated Board Members, who also reviewed and. adopted those minutes at a subsequent meeting. l-'.lso noted in the November 8`h, ?005 record vas Mr. F3ra«holm's acknowledgement of his debt to tllc City and. a statement of intent to pay that debt as soon as one lot was sold. 3. It is a matter of public record, as filed with the Duval County Clerk of Court, that Mr. Branholm did sell orle lot [LUt 17] ou March 2, 2007. This event satisfied the condition. upon which tl7e Board had granted a cle,ferral of mitigation in November 2005. Thus, the original Y~igc: 7_ of 5 AGENDA ITEM # 8A NOVEMBER 10, 2008 Rlinuics of 1he~August 27, 2(XhR Re~tdurMeetiiz~ of tlin Tree Crntsen~cttinn .£~nnrtl mitigation order should have been reinstated and enforced at this point. ~. l~hs. Varney added, at the August 13"', 2008 meeting, the Board effectively allowed Mr. Branholm to negotiate the terms of his mitigation, by allowing hirn to involve the current owner of the property. Any agreement between the previous owner and the current. owner should not be a factor in resolving the mitigation. Ms. Varney explained that according to Robert's Rules of Order, a board member, when on the prevailing side of the vote, may move to rescind or amend any adapted motion from a previous mccting ry ~Y~c,-thirds vase. Ms. ~haugl:~nessy slid she heel questioned why the item had come back before the Board., as she thought the enforcement of the mitigation should have been referred to the Code El7forcement Board_ Ms. Hall explained that it was her understanding that, because the Tree Board had adopted a motion effectively granting .Mr. Branholm a deferral of mitigation, the appropriate step would be for this Board to take action to reinstate the original mitigation order. Enforcement of the mitigation order would be an entirely different issue, especially considering the fact that Mr. Branholm no longer owns property in the City of Atlantic Beach. 1.. MOTION: Carole Varney moved that the Board rescind the motion of August 13, 2008 in which further consideration of this matter was deferred to a later date, at which time Mr. Branholm was requested to appear before the Board along with Mr. DeCiovanrti, and bringing with them a draft Letter of agreement as to the responsibility for the outstanding mitigation assessed against the subject property, to be drawn up between the ttivo parties, with assistance from R~Ir. Branholtaa's legal counsel and 1VIr. Jensen. S~,COND: Jtttl MCClae Seconded the nlotton. DISCUSSION: Board Members agreed that Mr. Branholm received dissaunted mitigation from the beginning, and the granted. deferral has .resulted in t~vo additional years to address his debt to the City. VOTE: 4-0, unanimous (of those Board Members present) / 80% (tall board. 2. MOTION: Carole Varney zttoved to reinstate the original mitigation order against. Kenneth Branholm for previously-owned property loeated at 34~ ~`~, Street in Atlantis Beach, as sttmtnarized in the ol'l3cial minutes of the January I1, 2006 Tree Board meeting, and. requiring the payment. of interest at the current rate [IO%~~er ararau~ra] retroactive to the date of sale of the first lot. (Lot ~7 ort Jtltrrch 2, 2007] which is considered to be the point in tines at which the condition of deferral ~~as satisfied, SECOND: ,Lino McCue secoaacled the aaaotioga. DISCUSSION: There was n€a further dissussiota. VC}TL: 4-0, unataitttous. Page 3 of S AGENDA ITEM # 8A NOVEMBER 10, 2008 tt~finutes c~/ the,4tt~usY?7,. X008 Regultarlb~ecling of tIu• Tree Coasen~atit~n I3uctrcl ~. I~tIJV~' BUSINESS a. TREIJ 618-O61106~613g 246)5 Niayport Road (Godard for t~gree Realty South-East )ul,C} Tree Re»aUVrll Brett Godard, Godard Design Associates, Inc, appeared before the Board as representative of this application, which is for tree removal irr conjunction with the redevelopment of a commercial parcel .for the construction of a Walgreens. Chair Shaughnessy introduced the application, noting that she had spoken with the current awncr of the property acrd she had concerns as to the tin~ir~g of this regciest. MI~. McCue agreed that he ctid not feel comfortable granting approval. to rerrrave trees when the sale of the property was nOt guaranteed. He stated, and other members of the Board. agreed, that the Board should not allow another lot to be clear cut, just to leave a deal fall through and leave Atlantic Beach with another. Ms. Hall told the Board that the sale of the property is contingent upon the prospective owner obtaining their permits; thus the applicant's request for review. She explained that this was probably a first round review, and once the final site plan was routed through Development Review, she would meet. again. with Mr. Godard. to determine if revisions to the tree plan were required to accommodate necessary changes in parking, stormwater or any other LDI2 requirement. Finally, she explained that a preliminary approval could be entered into the development tracking system now, but the actual permit withheld until final approval. of the site plan was issued by the other reviewing departments. The Board reviewed the oversized site plan which Ms. Hall had marked up with her continents, and the mitigation assessment she had .made according to the provisions of Code. Ms. Hall explained that calculations were slightly different from Mr. Godard's because several trees had been listed in the incorrect zone. Further, Mr. Godard had not taken credit for the trees that were to be preserved onsite. Ms. Shaughnessy added that. the current owner said lre would be removing same of the ornamental shrubs (azalea, ligustrum) as well as the large royal palm. II~IIi:3TIC?l~I: 6;arole alarney moved that the I$oard approve the plan for tree renao~~al and replacement. as sl)o~rn on the preliminary site plan and submitted by the applicant for the property located at 24Q5 IViayport Road, and per the mitigation tivorl~sheet calculated by staff, as fellows: 1067" to he removed from the interior zone, illclradilrg fi05" oaks, 64" other hardwoods, 3fi2" pines, and 3G" palms, fi3~" to lbe I°elnoved from file exterior zone, including 70" oaks and 1~" othea• hardwoods. f'9f' the total 1,1.55" pc•oposesl for relazovai from the site, ~6tp" are rel;~alated trees suelr that str~ndal•ci Illitigatian is 4361", including 272" of oaks/hard`~=oods and 15f~" of other trees from the recolnlnended tree List. 1`Vlitigation is proposed to he accomplished by the preservation of 354" of existing trees onsite, ineillding 1.92" oaks, 37" other hardwoods, ~2" pines, and 33" pallns9 as well as the planting of 72" of oaks, 6fi" other hardtivoc)dti, and ~" of oI•naenelltal trees. This 1)rings the mitigation balance to a 7l" surl)IIIS. ~.TE11:Id11~11'1>LPadT: ,~inr McC'IIe amended 1~'1s. ~arney's motion to ilrcirlde that fire removal of trees is contingent Ilgon issllanee of the 13Ililding permit, at wlli~:lt point the City is assured this project is going foI•ward. 1Vls. Varney agreed to the allrendnrent. Page 4 of 5 AGENDA ITEM # 8A NOVEMBER 10, 2008 Minutes of the August 27, 2008 .Regular Meering of the Tree Conservation Board SECOND: Brea Paul seconded the motion. DISCUSSION: There was no further discussion. VOTE: 4-0, unanimous. 6. REPORTS AND ANNOUNCEMENTS ^ No reports or announcements were given. 7. ADJOURNMENT ^ Chairperson Maureen Shaughnessy adjourned the meeting at 8:17pm. ~s SIGNED: Maureen S ATTEST: Erika Hall, Principal Planner/Staff Liaison a`~ abDg Page 5 of 5 AGENDA ITEM H 8A NOVEMBER 10, 2008 - S !,~l,~j ~. t' ~r~` J~ J~\ _, ~ - City of Atlantic Beach Tree Conservation Board Regular Meeting Minutes September 24, 2008 A regular rneetirrg o f the Cite of Atlantic Beach Tree Conservation Board was convened at 7.•03 prrr on Wednesday September 24, 2U0$ at the Adele Grage Cultrcral Center, located at 7.16 Ocearz Boulevard in Atlantic Beach. Trz crtterzdance were Board Members Steplzatzie Catania, Jim..R~fcCue, .Brea Paul, ~klarrreerr Slzauglrrzessy and Principal Plarz.n.er•lStaff Liaison Erika Hall. Bocrr~l 1t7ember Carole Varszey was exczrsed from the meeting. 71re position of Recordirz~ Secretary was vacant. 1. CALL TO ORDER ^ Cliairpcrson Maureen Shaughnessy called the meeting to order at 7:03pm. 2. RECOGNITION OF'4'ISITORS ^ There were no visitors or special guests in attendance. 3. APPROVAL OF MINUTES Chair Shaughnessy called for a motion to approve the minutes from the August 27"' regular meeting. MUTION: Jinn McCue moved to adopt the mimltes of the August 27"', 2008 regular meeting, as written. SECOND: Brea Paul sc;conded the motion. DISCUSSION: There was no further discussion. VOTE: Unanimous, 4-0 4. UNFINISHED BUSINESS TREE OG-Q4032018 5-69 16-2S-29E Atlantic .Beach Lots 15, 17 Block 6 (Branholm) 1L2itgrrtiorr Ms. Hall told the Board that this item was oil tonight's meeting agenda because, at the August 13"` meeting, the Board had .invited Mr, Branholm to return, along with the curretlx owner of the subject property, to present a draft of all agreement to accomplish Page 1 of ~ AGENDA ITEM # SA NOVEMBER 10, 2008 rllrnuter nj'tlae S'cpfenrlrer 24, 2008 Rcgrtlar rt?eeliarg of the Ti•ec Conseri~ation I3ocarrl mitigation for consideration by the City. Subsequently, the Board voted at the August 27"' meeting to rescind this invitation, but Ms. Hall said that she had delayed contacting Mr. Branholm. and telling him not to attend, pending further advice from City Attorney Alan Jensen as to the proper procedure. On the morning of Tuesday, September 23, Ms. Hall received a forwarded email (via Mr. Jensen) from an employee of Mr. Branholm's attorney, stating that NIr. Branholm would be in attendance at the September 24"' meeting to present the agreement, a draft of which was .attached to the email, if there were no objections to the language. Ms. Hall reviewed the document, and forwarded it along with her comments to her supervisor, Community Development Director Sonya Doerr, who in turn forwarded her comments to City Manager Jim Hallsoil fUr TeVle~i'. In the mean time, Ms. I-Ia11 said she reviewed the duties, responsibilities and authorities of the Tree Board with Ms. Doerr, and it was determined that the only remaining authority of the Board in relation to this case was reinstatement of the original mitigation order. Ms. )-Tall added that she and Ms. Doerr further confirmed with 11~1r. Hanson that the Board had neither the authority to renegotiate a mitigation order nor authority to enter into such a legally binding agreement on behalf of the City. Mr. Hanson confirmed that such decisions could only be made by the City Conunission. Because llo response had been received from Mr. Jensen, Ms. Doerr contacted him by phone mid-afternoon Wednesday, September 24"` to clarify the proper procedure for the Board. Mr. Jensen explained to Ms. Doerr and Ms. Hall that, though the Board lead acted to reinstate the original mitigation order at the August 27"' meeting, this action should occur at a scheduled meeting for which the topic was advertised and to which the applicant was noticed to appear. [Note: The item was not a sdzedt.rled topic at the August 27''' jrzeeting, hart tit~as added at the reDctest of a Board nzernber; r~vr was the applicant noticed to appear at that nzeeti.>1~.J Thus, the Board needed to revisit the issue at tonight's meeting, since the topic had been advertised on the posted agenda, and Mr. Branholm had agreed (at the August. 13"' meeting) to attend the September 24"' meeting and was aware that his case vas being discussed. Further, upon reinstatement of the mitigation order, Mr. Jensen advised that the Board should notify Mr. Branholm of his right to appeal the Board's decision to the City Commission within thirty (3U) days. Ms. Hall explained that she had drafted an order reinstating and imposing the original mitigation, and had included the provision for the applicant to appeal the Board's decision to the City Conunission. This document was ready for signature and presentation to Mr. Branholm upon the Board's actio~l. Howe:ve.r, Ms. Ha11 suggested that, since Mr. Branholm had not yet arrived [7:IDpnz] that the Board move to another item on the agenda, so as to allow the applicant additional time in case he was running late. Board Member Jim McCue disagreed anti said that he wished to proceed with this item. iv1OTTON: Mr. McCue moved that, based upon clarification of its. duties, responsibilities and authority, the Tree Conservation Board reaffirm its previous action Page 2 of 4 AGENDA CCEM # 8A NOVEMBER 10, 2008 .~girurtes ~f ilre September 2~, ?OU8 RegrrlnrMectinS n/ t/re Ti•ee Conserratioa Bonr•cl taken on August 27`", as documented in the official minutes of that meeting, to reinstate and impose the original mitigation order as described in the official meeting minutes of January 11, 2UU6, further noting that the condition of the deferral. granted by the Board on November 8, 2006 was met on March 2, 2U07 and therefore accrual of interest on the original cash equivalent value of the assessed mi igation should begin on that date. Furthermore, the applicant should be provided thirty (3O) days to submit a written petition of appeal of this decision to the City Commission. SECOND: Board Member Stephanie Catania seconded the motion. DISCUSSION: There was no further discussion. VOTE: Unanimous, 4-U. As Ms. Hall read the order and passed it to Chair Shaughnessy for signature, Mr. Branholm arrived [7:.15 pm.], stating that he had gone to the wrong place [City Hall] by mistake. Ms. Hall explained to Mr. Branholm. the determination that had been made by staff (herself, Ms. Doerr, Mr. Hanson. and Mr. Jensen) as to the Tree Board's authority, and told him that the Board, upon advice from Mr. Jensen, had just acted to reinstate the original mitigation ordet•. NIr. Branholm asked if this action had been. taken because he was late for the meeting, to which Ms. Hall replied no, that it was as she had just explained - a matter of proper procedure determined by limitations on the Board's duties and authority. Mr. Branholm stated that he lead gone to great trouble and expense to have this agreement drawn up at the request of this Board. Ms. Hall said that she assumed. that Mr. Branholm would exercise his right to appeal, and she suggested that he submit a copy of his proposed agreement along with his written petition to the City Clerk. Mr. Branholm asked to submit a copy of the agreement to Ms. Hall for this Board's record. Ms. Hall received the doctunent and noted the date in the upper right hand corner, along with her signature. Mr. Branholm said that he was attempting to resolve this .matter in a professional manner, but that he had been tc:~id by the City [of Atlantic Beach] Attorney that someone on staff was saying that he [Mr. Branholm] was flying to "dupe" the City. Ms. Hall told Mr. Branholm that she was unaware of any such comments, and that she, as the appc.~inted staff administrator of the program, was acting according to the duties of the position, anal had sought direction of the City Attorney throughout the process. She said that her goal was a fair and objective application of the provisions of Chapter 23, ~vhicll included due process for the applicant. Mr. Branholm thanked the Board for its time and left. 5. NEVV BUSINESS There was no ue~v business up for consideration.. G. REPORTS, ANNOUNCEMENTS & DISCUSSIONS ®r NON-ACTI®N ITEMS a. Chapter 23 Revisions Ms. Hall presented. the Boarci with copies of the revised. Chapter 23, and explained that she and Ms. Doerr had rewritten much of the existing ordinance for the purpose of reorganizing and providing clarity, in addition to drafting a number of provisions to cover the deficiencies identified by the Board at~d staff over the last couple of years. Pale 3 of 4 AGENDA ITEM # 8A NOVEMBER 10, 2008 A4irtutes of the SeptemGer 2~, 20!),3' ~egutnr A~fr.+eting q('tlre Tice Cvrrsetvation Bann! Ms. Hall revie~~ed the proposed. revisions with the Board and asked that they take time to read the document thoroughly over the next few days and forward any additional comments so that she could discuss them with staff. She said she anticipates a draft of the revisions will probably go to the City Commission for review within the nest couple of weeks. b. Red I~ay (Laurel Wilt) Treatment Ms. Hali reported that she had Ueen contacted by Marc White, Certified Arborist «rith "The Branch Manager", and told that. he had obtained the recently released treatment for the Laurel Wilt fungus caused by the .ambrosia beetles infesting .Red Bays. Ms. Hall said that Public ~Ti1orlcs Director Rick. Carper confirmed that he hacl also spoken with Certified Arborist Early Piety as to the effectiveness of this treatment. She said that this appears to be more of a preventative, as both Mr. White and Mr. Piety recommended that it be applied only to trees with little to no sign of infestation. Mr. White said that he would be willing to do a trial demonstration. for the City, at cost. Ms. Hall said that Public Works has identified a small grouping of Red Bays that do not appear to be .infected, and that Mr. Carper will coordinate with Mr. White on this demonstration, and the Board will be updated when more information becomes available. c. Adopt-a-Tree ~ Community Forest Programs Ms. Hall announced that Mr. Carper is expected to attend the tie~t (October 8) Tree Board Meeting to discuss future direction of the Adopt-a-Tree and Coiumunity Forest programs. 7. ADJOURNMENT ^ Chairperson Maureen Shaughnessy adjourned the meeting at 8:54pm. ~o/~/~~B SIGNED: Maureen Shaughnessy, Date ATTEST: 'Erika Hall, Principal Planner/Staff Liaison PB~~ ~ of 4