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03-04-95 v TREE CONSERVATION BOARD Minutes of March 4 , 1995 The Board held its regular meeting on Monday, March 4 , in the City Commission Chambers . Present were : Hope Van Nortwick, Chairman Mae Jones Judy Jacobson Staff : George Worley, Designee Carl Walker, Coordinator The meeting was called to order at 7 : 35 PM by Hope Van Nort- wick, Chairman, after verifying that a quorum was present . The first item of business was consideration of the tree re- moval application for property at Lot # 18 , Tiffany by the Sea. Pat McCray, builder and representative of the owner, was present to discuss the plans with the Board. Hope Van Nortwick explained that this was the first application to be considered under the recently enacted revised Ordinance . It was agreed that the lot was of an odd shape , bordering on a cul-de-sac , making it difficult to correctly determine the protected zones . It was calculated that two 25" DBH oak trees were proposed for removal from the interior zone , or a total of 50" DBH. The Board and Mr. McCray, after studying the plans and recalculating the number and sizes of the trees to remain on the lot as credit for those being removed , agreed that under the new ordinance , there was no further mitigation requirement by the property owner It was stressed to the applicant that since the remaining trees were to be counted as credit for mitigation purposes , they were protected trees and could not be removed. Mr. McCray marked these trees on the survey so that the removal permit would be issued to reflect that they could not be re- moved and must be properly protected during construction as required by the ordinance . Mae Jones moved to accept the plans , as presented, with the understanding that those trees designated as mitigation for replacement trees be preserved. Judy Jacobson seconded and the motion unanimously passed . The next business item was discussion of the letter from G. E. Martin of the Code Enforcement Board dated February 25 addressed to the Code Enforcement Officer ( copy attached ) . Hope Van Nortwick had prepared a response and a copy of the draft of that document was distributed. The contents were discussed and Hope will finalize the correspondence , allowing appropriate copies . George will check with the City Attorney on the issue brought up as item # 3 in Mr. Martin' s letter. Carl advised that there was still a vacancy on the Board and if any members had suggestions to be considered for appoint- ment they should be given to the Mayor or City Clerk. He also advised that the annual election of Board officers would be placed on the agenda for the next meeting date . Hope Van Nortwick reported that the trees recently planted by Tiffany by the Sea on Saturiba Drive appeared to be dying or dead, probably due to lack of water. George has handled this wit} Safa Mansouri . She also mentioned that the tree DBH size did not seem to comply with the agreement made . George will look into this and report at the next meeting . George advised that the current tree removal application needs revision in view of the ordinance changes . Several changes were suggested , including the addition of the tree protection zones diagram and fact sheet to be attached to the application. George will prepare a revised form and forward a draft copy to Board members . It will be further discussed at the next meeting . Hope Van Nortwick made a motion to accept the minutes of the last meeting , as submitted. Mae Jones seconded and the motion carried unanimously. There was no further business and the meeting adjourned at 8 : 55 PM . Respectfully submitted , (7—/PL1 Carl Walker Board Coordinator - 2 - Feb. 25 1996 Mr. Karl Grunewald, Code Enforcement Officer City of Atlantic Beach Atlantic Beach, F1.32233 At our recent meeting with George Worley to discuss the recently passed Tree Ordinance, it was agreed that we submit our comments after further review. The following are my comments which are basically the same as previously discussed. 1. ) The Ordinance clearly states that a person aggrieved by action of the Director may appeal his action to the City Commission. There is no such appeal process indicated from an action by the Tree Board. This is improper, in that the there should be an appeal available from any Board action. Their action should not be final. 2. ) This Ordinance should not attemptto dictate to the Code Code Enforcement Board which operates under its own rules and regulations as dictated by State statute and the Atlantic •• Beach Code that applies. Section 7 (b)(3) should be changed to read,the violation shall be reffered to the Code Enforcement Board for enforcement and further action as required. There are several reasons for this approach. First,I don't think the Code Board can collect a fine in 7 days. Secondly, I'm not sure we can direct that momey into an Account other than just to the City. Also it is important to note that many of our fines become lien against property. What do we do with such a case if we are not operating under our own rules? Thirdly, the Violations and penalties section states a person violates this Ordinance and is convicted of same will be "punished accordingly". The question is who convicts and who punishes by what standards or levels of punishment. Is this meaning backto the Code Board or is the Tree Board doing this? If this is back to the Code Board,we function on a first and second offense fine structure. Under this Ordinance if two or more trees were involved, the Code board would be required to treat it as a second offense even though it was the first appearance before the Board. Can we legally do this? 3. ) This Ordinance establishes a category of tree known as a Public protected tree and defines same as any tree on lands owned by the City or on easements imposed for the for the benefit of the City or other Government agencies or authorities,including easements for drainage ,sewers,etc. (2) 3.) Cont'd Several years ago, Selva Marina Country Club,as a good citizen, donated a right of way easement to the city of Atlantic Beach for a sewer line along it's western boundry. Sevilla Condo Association was considering signing an easement that in fact gives the city a piece of already constructed sewer line and an easement on the property that contains the pipe. Both of these organizations take great pride in their trees. In fact ,as I think you know,Seva Marina has for several years had a formal tree planting plan with expenditure of some three thousand dollars for new trees. Sevilla has its trees caredfor by a professional tree Company. This easement clause would now add the requirement for each of these organizations to come to the city for a permit to do its tree trimming for trees on these rights-of-way. This will be another case if Government intruding where it shouldn't be. Both of these easements should be excluded from this Ordinance, and they appearently are. A close reading of the Ordinance in dicates that the Public protected tree rule applies to easements " IMPOSED " for the benefit of the City. In as much as these two easements were not imposed but were voluntary donations made by the two groups, the exclusion would apply and both groups will plan to,operate accordingly unless advised to the contrary by the City of Atlantic Beach. Mr Grunwald, please add any comments you may have and then foreword this to Mr. Worley. I will be happy to join you any other city representatives for further discussions should you so desire. % . , . G.E.Martin 1810 Sevilla Blvd. #204 Atlantic Beach ,FL. 32233 Copies: Lyman Fletcher, Mayor .Tim Jarboe, City Manager Robert Cappock, President Selva Marina C.C. Jay Wangerin,President Sevilla Condo Assoc.