Item 8AAGENDA ITEM # 8A
NOVEMBER 24, 2008
CITY OP ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMWOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
'CELEPHONE: (904) 247-5800
FAX: (904) 247-5845
http://ci.atlantic-beach.fl.us
November 12, 2008
Mr. Kenneth Branholm
11433 Saints Road
Jacksonville, FL 32246-3826
RE: Appeal of Tree Mitigation (TREE 06-00032018) to City Commission
5-69 16-2S-29E Atlantic Beach Lots 15,17 Block 6
RE # 169836-0000 (Lot 15);169836-0020 (Lot 17)
alk/a 342 5"' Street
Dear Mr. Branholm:
Please be advised that your appeal of Tree Conservation Board action regarding mitigation assessed on the
subject property listed above will be considered by the City Commission on Monday, November 24"' The
meeting begins at 6:OOpm and will be held in the Commission Chambers located at City Hall at 800 Seminole
Road.
You should be aware that failure to appear at this meeting may result in action to pursue other available code
enforcement remedies, including a personal judgment through the Duval County Circuit Court. Additionally, it is
requested that all potential parties to a legally binding mitigation agreement related to this property also be
present. As such, this letter is being copied to your attorney, Timothy Kelly, and current subject property
owners, Thomas De Giovanni and Fiona McDonald.
The Commission looks forward to hearing your appeal and hopes to quickly reach resolution that is amicable to
all parties involved and beneficial to the community as a whole. Please feel free to contact me at
ehall@coab.us or (904) 270-1605 if you need additional information or assistance.
Sincerely
~9~~~i~ ~
Erika Hall
Principal Planner.. Staff Liaison to the Tree Conservation Board
cc Thomas De Giovanni and Fiona McDonald
Timothy P. Kelly. Esq
Donna Bartle, CMC
Tree Conservation Board
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Received
MOV 1 2 ~Od
Wednesday, November 12, 2008
OIQca a Clgi Clark
Atlantic Beach City Council
Atlantic Beach, Florida 32233
To Whom It May Concern:
This is a request to be put on the agenda of a future city council meeting to appeal a
decision made by the Atlantic Beach Tree Board regarding mitigation on lot 15 at 342 Stn
Street, Atlantic Beach. Please let me know date and time of meeting.
Sincere ,
Ken B anholm
~,~,~p,~ i~~~ted /h~..E~r~r~s~•- .~hu.~
~ioa ~~ea.~ .c~o ~u:d'~edu,2ed ~uz ~!¢ 77av~,~.h,d ati Z~ Zo08
Cl~.~ C4~vWNVV~tOzr~ ~h ~~~Z/OS
~~J
AGENDA ITEM # 8A
NOVEMBER 24, 2008
CITY OF ATLANTIC BEACH
CITY COMNIISSION MEETING
STAFF REPORT
AGENDA ITEM: Branholm Appeal of Tree Conservation Board Mitigation Order
Case #: TREE 06-00032018
Address: 342 Soh 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-O5-00031610) 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 summary, the applicant was approved to remove a total of 25$" of existing
trees [12" Magnolia, 77" Palm, 21 "Elm, 10" Cherry, 10" Laurel Oal~ all located in the exterior
zone, and 36"Palm, 85"Live Oal~ and 7" Birch, all located in the interior zone], and assessed, by
the Tree. Conservation Boazd, 54" mitigation [38"Palm,. 10" Oalrti 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 hardships.
Subsequently he sought and was granted a deferral by the Tree Conservation Boazd, 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 forwazd 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 reseazeh 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 Boazd. Staff issued a report to the Tree Board 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 Board heard 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 regulaz meeting
AGENDA ITEM # 8A
NOVEMBER 24, 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 [Mr. Branholm] 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 `the 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 Boazd 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 hi`s right to appeal
at the September 24`~ regulaz meeting.
RECOMMENDATION: Reaffirm the Tree Conservation Boazd's original determination ,and
' resultant mitigation order requiring payment of the original mitigation amoutit (cash equivalent value
'of $6,318.00) plus interest'°dating back to the sale of Atlantic Beach L'of 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.
t:
ATTACIIMENTS: Na~~ `attachments are included; however staff maintains an extensive file
with numerous supporting documents, all of which can be made available
(hard copy or electronically) upon request.
BUDGET: No budget issues.
REVIEWED BY CITY MAN
November 10, 2008 regulaz meeting
2
AGENDA ITEM # 8A
NOVEMBER 24, 2008
CC TOt ~ j
Ity Corasrission
Cra'Ci_;~ M~cager
C7 City Attorney
D Press
^ File
I?2:P; io "?'f
TELEPHONE
904-399-3705
TIMOTHY P. KELLY, P.A.
ATrORN EY AT LAN'
1016 LASALLE STREET
JACKSONVII.LE, FLORIDA 32207
October 24, 2008
VIA HAND DELIVERY
City Commission
City of Atlantic Beach,. Florida __
Atlantic Beach, FL
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 Conunission:
FACSIMILE
904-399-3706
This fine has the pleasure of representing Petitioner, Kenneth Branholnl, the former
owner of Lots 15 .and 17, Bloclt 6, Atlantic Beach, Florida. Mr. Branholln is respectfully
requesting an appeal from the City of Atlantic Beach Tree Conservation Board. By way 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. Branhohzl'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, and 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 Ue planted on site. A copy of the meeting minutes is
attached as Exhibit "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."
Received
ocT z 4 cos
O1FiCe of City Clerk
AGENDA ITEM # 8A
NOVEMBER 24, 2008
city commission
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 tei~~is
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, conunitted 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 24, 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.
Respectfull su miffed,
imothy P. Kelly
TPK:dfg
Encl.
c: Kenneth Branholm
Tree Conservation Board
Alan C. Jensen, Esq.
AGENDA TEEM # 8A
NOVEMBER 24, 2008
MIlWTES OF
REGULAR MEETING OF
TREE CONSERVATION BOARD
January I1, 2006
A regular meeting of the Tree Conservation Board was held on January 11, 2006 in the Adele Grage
Cultural Center. Present were Chair Maureen Shaughnessy, Jim McCue, Chuck Carroll, 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. Auproval 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°~ by Board Member Catania, unanimously carried.
4. New Business
A. Tree Removal Applications
1.342 S~ 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 conskruct a single
family dwelling.
A motion was made byBoard Member Catania, seconded by Soard Member Carroll,
unanimously approved to instruct the building official to issue a tree removal permit for
lZ inches of magnolia, 77 inches of palm, 21 inches of elm, l0 inches of cherry, l0 inches of
laurel oak, all located in the exterior zone, and 36 fnches of palm, 85 inches of live aak,
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
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 IVfiember McCue, seconded by Board lOlember Carroll,
unanimously approved to instruct the building official to issue a tree removal germit for
AGENDA TPEM # 8A
NOVEMBER 24, 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 Marisa 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 for 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 Gve 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 ;~~ inches of oalc in the exterior zone
for the construction of a new home.
A motion was made by Board Member Catania, seconded by Soard 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 Ordiaance
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 24, 2008
7. Adjournment
The meeting was adjourned at 8:26 p.m.
~~~
Maureen Shaughnessy, Chair. /
f
J~y~-B9Q$ Tree Board Minutes ~}
£''
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Minuted of November 8, 1006, Tree Conservation Board
1
MINUTES OF THE
REGULAR MEETING OF THE
TREE CONSERVATION BOARD
November 8, 2006
A regular meeting of the Tree Conservation Boazd was held Wednesday, November 8, 2006
at the Adele Grage Cultural Center. 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.
I. Cali to f-rcier
The meeting was called to order at 7;OOpm.
2. Recognition of Visitors
None
3. Approval of Minutes 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 Strut
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 Director Rick Casper 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 cleanup. The stumps of the removed
trees were measured at 10", 14", and 22" for a total of 46 inches to be mitigated at 100%.
A motion was made by Jiro McCue to table this issue until the nett meeting to allow
Ma. Doctor tinne to inform 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, 2406 at 7:OOPM for further discussion with the Tree Board on this issue.
5. Old Business
A. Ken Branholm - 342 5'~ Street-
Ken Branliolm of .11433 Saints Road, Jacksonville, Florida, 32246, was present, as
:owner of 34Z 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
~J~1•. '~~It
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Minutes of November 8, 2006, Tree Conservation Boa-rl
placed on his property due to the fact the }and is for sale and he is having difficulty
selling the property. Mr. Branholm feels that a lien on the property w71 make it more
difficult to sell, Mr. Branholm stated several times he intents 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 Worms Director Rick
Carper inform the Code En3orceffient ®ffice Alex ~uherrerhot to place n lien ono
the property located at 342.5`s Street at this time. .Carole Varney. seconded the.
.motion and it pas,ed 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 Roya! 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 sight 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 Phis time.
?. Adjournment
A motion to adjourn was made by Carole Varney at 7:59pm and was seconded by TIm McCue
and passed unanimously,
Chairperson
Date
2
AGENDA TTEM # 8A
NOVEMBER 24, 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 on 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 Pau% Maureen Shaughnessy, Carole Varney,
and Principal Planner/Staff Liaison Erika Halt1 Board member Stephanie
Catania was excused from the meeting. The- position of Recording Secretary was
vacant.
i. 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 from the July 23rd
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
~Dt~ib1"~ t~ ~ ~
Page ~ of 6
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Minutes of the Aug2rst 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 Branhohn 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.
Branholm'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. Branholm'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. Branhohn 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 maximize 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 TI'EM # 8A
NOVEMBER 24, 2008
Minutes of the August I3, 2008 RegularMeeting of the Tree Conservation Board
Present were Chair Maureen Shaughnessy, Jim McC4~e, Carole Varney, Stephanie
Catania, Public Works Director Rick Carper, and Recording Secretary Bambi
Dickinson. Charles Carroll was absent... [Item S.A.) Ken Branholm of 11433 Saints
Road, Jacksonville, Florida, 32246, was present, as owner of 342 5`h 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 placed on his property 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.
Branhohn 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 McC~e 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`" Street at this time.
Carole Varney seconded the motion and it passed unanimously.
Mr. Branhohn 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. Branhohn'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. Branhohn 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. Branhohn 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. Ha11 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. Branhohn argued that he did not abandon his project, but was court-
Page 3 of 6
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Minutes of the Augtcst 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. lbs. Varney said that there is nothing binding responsibility to the
new owner. Mr. McCue asked City Attorney Alan Jensen if Mr. Branholm'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 hazdwood 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 Baard 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 t0 Mr. Branholm's attorney and let him know what was needed in the
letter.
Page 4 of 6
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Minutes of the August 13, 2008 Regular Meeting 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 meetfng would be August 27te. Mr.
Branholm .stated that he would be unable to attend that meeting.. Ms. Hall said there
e~ould Qnly be ene mee*-na in September ~?se tQ staf€ 4.-a:labili~~, arnd tout rneet::.g
would be on September 24`e. 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 9`a Street
(Paphides)
7Y~ee 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
nat 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 2008-069, approved by the Community Development Board on
Tuly 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 6
AGENDA ITEM # 8A
NOVEMBER 24, 2008
__..
+w
Minutes of the August 23, 20Q8 Regular Meeting of the Tree Conservatton Board
Mr. McC~.~e alsoraised issue with the site plan submitted..` It did not show the .entire lot,
:.nor. did it .indicate .interior/exterior zone Ines. Additionally, he said that he had
difficulty determining the actual location of the tree, as the notation on the,plan did nat
:seem to: cort-espond with the. ground.
nIOTION: Board Member Varney :.,.moved o defer further consideration of this
.application. until the applicant. can submit a completed application, .including an
indication of method of mitigatiion :and a revised site plan per the Soard's comments
SECOND: Board Member Bret3 Paul seconded the motion.
DISCUSSION: There was no further discussion.
VOTE: Unanimous, 4-0.
6. REPORTS AND ANNOUNCEMENTS
^ No reports or announcements were given.
7. ADJOURNMENT
^ Chairperson Maureen Shaughnessy adjourned the meeting at 7:55 pm.
-~- ..
SIGNED: Maureen Shaughnessy, Chair '' Date
ATTEST: Erika Hall, .Principal Planner/Staff Liaison
AGENDA ITEM # 8A
NOVEMBER 24, 2008
CITY OF ATLANTIC BEACH, FLORIDA
TREE CONSERVATION BOARD.
CITY OF ATLANTIC BEACH, FLORIDA CASE N0: TREE 06-0003201.8
Petitioner,
v.
KENNETH M. BRANHOLM,
Respondent.
Address: 342 5`h Street
Description.: 5-69 16-2S-29E Atlantic Beach Lots 15, 17 Bloclc 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, IZis wife, collectively hereinafter
referred to as "DeGiovanni" and hereby stipulate .and agree as follows:
FINDINGS OF FACT:.
1. Petitioner is the former owner of the following described real property,-lying and
being ul Duval County, Florida to wit:
Lots 15 and 17, Blocl< 6, Plat 1, SUBDIVISION"A", ATLANTIC BEACH,
according to the map or plat thereof, as recorded in Plat boot: 5, Page 69, public
records of Duval County, Florida
2. Respondent was granted by the City of Atlantic Beach a tree removal permit
allowing hun 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" `
N1«
e~e~ iJ
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Magnolia, 77" Palm, 21 "Elm, 10" Cherry, 10" Laurel Oak, all located in the exterior zone, and
36" Palm, 85" Live Oalc and 7" Birch, all located in the interior-zone, to be mitigated with 38"
Palm, 10" Oal< and 6" other hardwoods, to be planted on site.
3. Respondent has conveyed his interest in both of the above described lots, the last
of which was Lot 15, cYhich was conveyed to DeGiovanni
4. The required mitigation has not occurred.
5. DeGiovanni contemplates construction and landscaping of a single family
residence on Lot 15, which would include landscaping similar to the type, .quality and size
required to be mitigated by Respondent.
6. Mitigation at this juncture would not be economically prudent and 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 undersigned parties hereby stipulate and agree as follows:
1. In conjunction. with the construction of DeGiovamzi's single family residence,
Respondent shall provide a minimum of IO" Sable Palms, 10" Oalc and 6" of other hardwoods.
2. Prior to planting, DeGiovamli and Branholm shall provide to the Cite of Atlantic
Beach a list of the t~~pe, size and quality of the trees and plants which they propose to plant on
Lot 15.
3. Upon approval by the CitS~ 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 24, 2008
CITY OF ATLANTIC BEACH, FLORIDA
TREE CONSERVATION BOARD
BY:
Maureen Shau;hnessy,
Tree Conservation Board Chairperson
Attest:
Erika Hall,
Principal Planner/ Staff Liason
1
"~-
THOMAS DEGIO KE ETH M. BRANHOLM
FIONA MCDONALD
AGENDA ITEM # 8A
NOVEMBER 24, 2008
/-(~ajl
!;..
G
~i?i~
rte. .. ~ f
t % 1
5 ~` w~
Caty a-f Atlantic ~e~c1~ T're~ ~an~crvatgom ward
Regular Meeting Minutes
Aligil5t 77, ZU()~
A regular meeting of the City of Atlantic Beach Tree Conservative Board was
convened at 7.•03 pm on Wednesday Aragust 27, 2008 at the Adele Grage Cultural
Center, located at. 71b .Ocean Boulevard in Atlantic Beacla. In attendance were
..Board. Merrabers Jirn McCue, Brea Paul, Maureen Shauglzreess~; Carole Varney,
and Principal Planner/Staff Liaison Erika Hull. Board Mernhers Stephanie
Catania was excatsed , fiorra the ~xaeeti.ng. The position uf' I~ecvrding Secretary was
vacant.
Z. -CALL TO ORl~~gt
• :Chairperson Maureen Shaughnessy called the meeting. to order at 7:03pm.
2. RECOG10iITIUN OF'VISIT®RS
^ There were rao visitors car special guests in attendance.
3. APPR®VAL OF MINUTES
Chair. Shaughnessy called for a motion to approve the minutes from. tl~e August 1.3`h
regular meeting.
1VI0'I'ION: Jim McCue moved to adopt the minutes of the August 13"', 2005 regular
...meeting, as written.
SECOND: T3rea Paul seconded the m~tioiz.
DISCUSSION: There was no further discussion.
VOTE: Unanimous, 4-0
4. UNFINtSIiEIJ BUSINESS
a. TREE OG-UUU32U18
5-C9 16-25-29)E atlantic Beach Lots 15, 17 :Block fi
(Branholm)
Mitigation
[This item was added to the. agenda at the he~dnrairtb= of this fn.eeting, at the request of Board
1~Ienzber Carole Varrtev, and upon co~asensus of the :8vard. It was handled out of order, '
after "Nela~ 13resiraess'; item S.aJ
Page 1 0~ 5
~r ~
AGENDA ITEM # 8A
NOVEMBER 24, 2008
r1.linutes of the <h{,ust Z,7, '0f)BRe~;tdcur,~7eetinh nf'thc TiT~e {;'nnretvntitrrt f3natzl
Ms. Shaughnessy allowed 1'vls. Varney the floor since she had 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 submit 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 c~. 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. As such,
extending further leniency to Mr. Branholm is beyond. the authority of this hoard. She
said that since the last meeting she .had more thoroughly reviewed. the agenda packet
rtlaterials Ms. Halt had submitted to the Board. i.t~ preparation for the August 13"'
meeting, and a number of factors caused her to reconsider the path the Board is
contemplating:
1. The official minutes of the January 11`h, 2006 meeting reflects the
Board's decision to approve a total of 258" to be removed, and
require a total of 54" to be :mitigated. However, the permit issued. lists
a total of 239" to be removed, and requires a total of 51" to be
mitigated. Lt appears that 21" of el.m listed on the original application,
Auld noted in the minutes were omitted from the details of the permit.
Additionally, 4-1t)" palms have been substi utcd for 38" of palm, and.
1-5" oak has beenomitted from the mitigation requu-ements 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 had an
administrative assistant who entered data & issued permits -and
these were typically not the same person. Thus, Ms. Hall believes the
onussions may have teen a clerical error, and that is why she deferred
to the official record of the Board. Ms. Varliey I.ioted that based upon
the original application, the Board at the time of original review could
have assessed as much as 116" for all the trees the applicant was
rcquestiug to remove, but for some reason, they had settled on _5~1".
Thus, Mr. Branholm has already been shown a great deal of .leniency
..from the beginning.
2. ' At the August 13"' meeting, Mr. Branholm denied his presence at the
November 8"', 2006 .meeting of the. Tree Board a.nd denied that he
ever agreed to "pay" the itiitigation. However, the official minutes of
the November 8"', 2006 rrleeting clearly record .the presence of Mr.
Branholm, along with four of the Curren ly seated Board Members,
who also reviewed and adopted those minutes at a subsequent
meeting. Also noted in the 1`.Tovember 8"', 2006 record was Mr.
Branhc.~lm's acknowledgement of his debt to the 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 one lot [Lot 17] an March 2, 2007.
T11is event satisfied the condition upon which the. Board had granted a
deferral of mitigation in November 2006. Thus, the original
Yagc ?. of 5
AGENDA ITEM # 8A
NOVEMBER 24, 2008
tYfiruttes of dtcAu,;ttst 27, 20l)~S Re~ulcrr~'t-leetin~ of the Tree Cnir,rervntiat Iiuctrd
mitigation order should have been reinstated and ellforced at this
point.
4. Ivls. Varney added, at the August 13`'', 2008 meeting, the Board
effectively allowed Mr. Branholm to negotiate the terms of his
mitigation, by allowing him to involve the current owner of the
property. Any agt;cement 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 adopted
motion from a previous meeting by rive-~thsrds vote. Ms. uhaughncssy said. she haci
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 Enforcement
Board.. Ms. HaII explained that it was her understal~ding that, because the Tree Board
had adopted a motion effectively .granting Mr. I3ranholm 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. Bran.hal.In no longer owns property in the
City of Atlantic Beach.
1. MOTION: Carole Varney nxoved 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 IVIr. DeGiovanni, anal bringing with them a draft letter of agreement
as to the responsibility. for the outst<~nding mitigation assessed against the
.subject property, to be drawn up between the two parties, with assistance from
Ivlr. Branholm's legal counsel and Mr. Jensen.
SECOND: Jim McCue seconded. the motiorl.
DISCUSSION:. Board Members agreed that 1VIr. Branholnl received discounted
mitigation from the beginning, and the granted. deferral has .resulted in two
additional years to address his debt to the City.
VOTE: 4-0, unanimous (of thcise Board Members presexxt) / SO%n full board..
2. iti10TION: Carole Varney moved to reinstate the original mitigation order
against Kenneth Bran.holm for previously-owned property located at 342 .5"'
Street in Atlantic Beach, as stxmxnarized in the official minutes of the January
11, 2006 Tree Board meeting, and. requiring the payment of interest at .the
current rate [ZO% per nranu»i] x•etroacd~ive to the date of sale of the fix•st..lot [Lot
I7 an J4furch 2, 20(17] which is considered to be tlxe point in time at which the
.condition of deferral was satisfied.
SECOND: Jim 1VIcCue seconded the motion.
DISCUSSION: TheY-e was no furtlxer discussion.
VOTE: 4-0, unanimous.
Page 3 of S
AGENDA ITEM # 8A
NOVEMBER 24, 2008
rlLinutra• gJ'thc ,41c4crst ?7, 2O08.Re~uiar•lvieeti~rg of the Tree C'arsen~atiw~ lionrd
~. ~~{.W ~i~S~SS
a. TREE 0$-00100038
24051tiiayport Road
(Godard for l~gree Realty South-East LLO)
.Tree Remov~cl
Brett Godard, Godard Design Associates, Inc, appeared before the Board . as
representative of this agplic;ation, which is for tree removal in conjunction with the
redevelopment of a commercial parcel for the construction of a Walgreens. .Chair
Shaughnessy introduced the application, noting hat she had spoken with the current
owner of the property anel she lead conecrrrs as to the tilnir~g of iiYis I:equest. IV1r.
McCue agreed that he clid not feel comfortable granting approval to .remove trees when
the sale of the property was not guaranteed. He stated, and other members of the
Board agreed, that the Beard should not. allow another lot to be clear cut, just to have a
deal fall through and leave Atlantic Beach with another. Ms. Hall told the Board that
the safe 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 LDR 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 reviewi.n:g 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 sl.ig.htly 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 he would bE removing some of the ornamental .shrubs
(azalea, ligustrum) as well as the large royal palm.
MOTION: Carole Varney moved that the Board approve the plan for tree removal and
.replacement. as shown on the preliminary site. plan and submitted by the applicant for.
the property .located at 2405 Mayport Road, .and per, the mitigation worksheet
calculated by staff; as follows: 1067" to he removed from the interior zone, including
605" oaks, fi4" other hardwoods, 3fi2" pines,. and 3fi" palms; 813" to be removed from.
the exterior zone, iticTudi.ng 70" oaks and 18" other hardwoods. Of the total 1,1.55"
proposed for re~aoval frown the site, 860" are regulated t~-~es such that standard
mitigation is 430", including 272" of oaks/har€ltvood;s and 158" of other .trees from the
recommended tree list. Mitigation is proposed to be accomplished by .the preservation
of 354" of ezistirag trees onsite, including 1.92" oaks, 37" other hard~voods, 92" pines,
and 33" paljns; as well as the planting of 72" of oaks, G6" other hardwoods, and 9" of
ornamental trees. Tlr.is brings the mitigation balance to a 71" surplus.
hd~•tENDIi~EP•7T: ,Iini McCue amended Ms. Varney's motion to include that the
reniaval of trees is contingent upon issuance of the building permit. at wl4icli point the
Oily is assured this project is going forvrard. lids. Varney agreed to the anrendment.
Page 4 of 5
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Minutes of the Aicgust 27, 2008 Regular Meeiing of the Tree Conservation Board
SECOND: Brea Paul seconded the motion.
DISCUSSION: There was no further discussion.
VOTE: 4-Q, unanimous.
6. REPORTS AND ANNOUNCEMENTS
^ No .reports or announcements were given.
7. ADJOURNMENT
• .Chairperson Maureen Shaughnessy adjourned the meeting at 8:17pm.
~~~ ~ V V
SIGNED: Maureen Shaughne , Chairperso Date
ATTEST: Erika Hall, Principal Planner/Staff Liaison
AGENDA ITEM # 8A
NOVEMBER 24, 2008
- S ~L~~`J r,
,l r J
J' ~ ,,1}
,~
~ ;~~
~~
t
::~
City o#' Atlantic. Beach Tree Conservation Board
Regular Meeting Minutes
_ September 24, .2008
A regular nxeetit7.g ~f th.e CitJ~ of Atla-ztic Beach Tiee Consen~ati.on Boa-•d was
cnrzvened at 7:03 pni. on Wednesday Septe-tzber 24, 2008 at t/ae Adele Gage
Cccltur•al C'ente~; located at 716 Oceara f3ouleva-cl in Atlantic .Beach.. Iiz
atterrdarzce I•vere Board Members Stephanie Catania,. Jim ,McCue, .Brea Paul,
1tilac.creer:: SlzaLrglr.nersy and Principal Planner/Staff LiaisorZ Erzlcct Hall. Board
Me-nber Carole I/arney was exclrsed fionz the n~eetino. "I'17e position of Recordi.~ig
Secretary was vacant.
l.. CALL TO ORDER
• Cltairpcrson Maureen Shaughnessy called the meeting to order at 7:03pm.
2. RECOGNITION OF VISITORS
^ 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.
RIOTION: Jim McCue moved to adopt the minutes of the .August 27"', 2008 ,regular
nleet.ing, as written.
.SECOND: Brea Paul seconded the motion.
DISCUSSION: There was no further discussion.
.VOTE: Unanimous, 4-0
4. UNFINISHED BUSINESS
a. TREE 06-000320.18
5-G9 16-2S-29E Atlantic Beach Lots 15,17 Block 6.
(Branholm)
Miti~;~atinn
Ms. 1-Ia11 told the Board that this item vas on tonigllt's meeting agenda because, at the
August 13"' meetilig, the Board had invited Mr. Branholm to return; along with the
current owner of the subject propc,rty, to present a-draft of an agreement to accomplish
Page l of 4
~' ~.~ a` i. • it
AGENDA ITEM # 8A
NOVEMBER 24, 2008
Alirrutes of'the S'aptenther?=f, ?0(1,5'Regulhrrllecain~ of dte Ti•ec Cansc:rnntrorr 13oarl
nliti~atian far 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
lvlr. 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 aII employee of Mr.
Branhalln'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
Hanson fvr review.
In the mean time, IVIs. I-Iall 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
m.i.tigation order. Ms. Hall added that she and Ms. Daerr further confirmed with IVIr.
Hanson that the Board .had neither the authori y 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 cauld only be made by the City Commission.
Because no response had been .received from Mr. Jensen, Ms. Daerr contacted him by
phone mid-afternoon Wednesday, Sep ember 24"' to clarify the. proper procedure for
the Board. Mr. Jensen explained to Ms. Doerr and Ms. Hall that, though the Board
.had acted to reinstate the original mitigation order at the August 27"' meeting, this
action should occur at a scheduled meeting far which the topic was advertised and to
which the applicant was noticed to appear. [Note: The item runs not a ,sdteduled topic at
the August 27''' meeting, blct ia~as added at tlae rec~ccest of a Board merrabe~; n.vr ~ti~as the
appliccrrat noticed to appear at that meetzng.J Thus, the Board heeded to revisit the issue
at tonight's meeting, since the topic had been advertised all. 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 was being discussed. Furtllcr, upon reinstatement
of the nl.itigation 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 ll~d included the provision for the applicant to appeal the Board's
decision to the Clty CaII]III1SS1alI. This document was ready for signature and.
presell.tation to Mr. Branholm upon the Board's action. Ho~veve,r, Ms. Hall suggested
-that, since Mr, Branholm hacl not yet arrived [7.•10 pntJ that the Board move to another
item on the agenda, so as to allow the applicant additional time in case lie was nuuiing
late. Board Men7Uer Jim McCue disagreed .and said that he wished to proceed with this
itelli.
MOTION: Mr. McCue moved that, based upon clarification of .its. duties,
responsibilities and authority, the Tree Conservation Baard reaffirm its previous action
Page 2 of 4
AGENDA rrEM # 8A
NOVEMBER 24, 2008
i`fllll!(eS Uf lliL' September?;, ?008 Regc~lm•~lecti~lg of r/re Tine Consernrrtion Board
taken on August 27`h, 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, 2006, further noting that the condition of the deferral. granted by the Board
on November 8, 2UU6 was met on Marc}i 2, 2007 and therefore accrual of interest on the
original cash equivalent value of the assessed mitigation should bcg.in on that date.
Furthermore, the applicant should be provided thirty (3(1) 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 Evas no further discussion.
VOTE: Unanimous, 4-0.
As Ms. Ha11 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. Ivls. Hall explained to Mr. Branholm. the determination that had been made by
staff (herself, Ms. Doerr, Nh•. I-ianson and 1V1r. 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 order.. 1VIr. 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 ~n the.Board's
duties and authority. Mr. Branholm stated that he had 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 lus written
petition to the City Clerk. Mr. Branhol'cn .asked to submit a copy of the :agreement to
Ms. Hall for this Board's record. Ms. Hall received the document 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 told by the City [of Atlantic Beach.] Attorney that
someone on staff was saying that he [Mr. Branholm] was trying to "dupe" the City. Ms.
Hall told Mr. Branholm that she was unaware of any such comments, and that she, as
the appciinted staff administrator of the program, was acting according to the duties of
the position, and 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,
which included due process for the applicant. Mr. Branholm thanked the Board for its
time and left.
5. NEW BUSINESS
^ There was no new business up fo:r consideration.
G. REPORTS, ANNOUNCEMENTS & DISCUSSIONS Or NON-ACTION ITEMS
a. Chapter 23 Revisions
Ms. Hall presented the Board with copies of the revised Chapter 23, and explained that
she a~ld Ms. Llloerr hacl 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 and staff over the last couple of years.
Page 3 c>f 4
AGENDA ITEM # 8A
NOVEMBER 24, 2008
rLlirrtrtes of the, Scpternber?4; 2t70b' Re;>rrltrr• rlleeting q/'the Tice Conservativrr Board
Ms. Hall reviewed 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 next couple
of weeks.
b. Red Iiay (Laurel Wilt) Treatment
Ms. Hall reported that she had been contacted by Marc White, Certified Arborist with
"The .Branch Manager", acid 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 `~'orlcs Director Rick Carper confirmed that he had 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 IV1r. 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 demmonstration for the City, at cost. Ms.
HaTI said that Public Works has -dentified 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 sz Community Forest Programs
Ms. Hall announced that Mr. Carper is expected to attend. the next (October $) Tree
Board .Meeting to discuss future direction of the Adopt-a-Tree .and. Community Forest
pr. ograms.
7. ADJOURNMENT
• Chairperson Maureen Shaughnessy adjounied the meeting at 8:54pm.
SIGNED: Maureen Shaughnessy,
ATTEST: Erika Hall., Principal Planner/Staff .Liaison
%/~8
Date
Page 4 cif 4