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TREE CONSERVATION BOARD
Minutes of October 5, 1992
The Board met for its regular meeting on Monday, October 5,
in the City Commission Chambers. Present were:
Carolyn Woods, Chairman Thomas Frohne
Hope Van Nortwick
Staff
George Worley, Designee Carl Walker, Coordinator
Guests: Andy Fuxa (Centex Homes) , Cynthia & Michael
Grossberg (Property owners) , Alan Jensen
(City Attorney) , Kim Leinbach (City Manager)
The meeting was called to order by Carolyn Woods at 7:30 pm.
Andy Fuxa of Centex Homes was present to discuss the appli-
cation for tree removal at Lot # 53, Selva Linkside, Unit 1.
The plans call for removal of a total of sixteen ( 16) trees,
fourteen ( 14) of which are palms. Six (6) of the palms are
to be relocated elsewhere on the property. Additionally, Mr.
Fuxa advised that one (1) hardwood tree would also be planted
as a replacement.
Following discussion, Hope Van Nortwick moved to accept the
plans as presented with the provision that six (6) palms be
relocated on the property and that one ( 1 ) hardwood of not
less than 4" DBH be planted in the front of the lot. Tom
Frohne seconded; the motion passed unanimously.
Alan Jensen, City Attorney, advised the Board that the three
(3) palm trees removed by the property owner at 1565 Beach
Avenue had been removed with his authorization. Mr. Jensen
questioned the legality of the Tree Conservation Ordinance
as it pertains to the requirement of the owner also living
on that property. Mr. Jensen also brought up a question as
to whether the Tree Board has the authority to access fines,
stating that this is the responsibility of Code Enforcement.
Considerable discussion followed resulting in a motion by Tom
Frohne to nullify the fine accessed the property owner, Mr.
Blackard. Hope Van Nortwick seconded and the motion passed
by a unanimous vote.
Carl Walker asked if the Board would like a letter sent to
Mr. Blackard to this effect, rescinding the fine as outlined
in the letter of September 30, in view of additional inform-
ation furnished. The Board agreed this should be done; Carl
will handle.
Hope Van Nortwick asked if it would possible for the Board
to have an attorney present at Board meetings for legal in-
terpretations of the Ordinance and other Board business. Mr.
Jensen said he could attend if notification was sent him ad-
vising the meeting date. Kim Leinbach also offered to be
present, if possible, and would also like to be advised of
the meeting dates. Carl will add both to the distribution of
the meeting packet material.
No representative was present for the review of the applica-
tion for Lot # 3, Block # 147, Section H. Neither the plans
nor the application stated why the request was being made for
removal of the additional tree. As a result, Hope Van Nort-
wick made a motion to table action on the application until
further information is furnished. Tom Frohne seconded; the
motion passed by unanimous vote. George Worley will advise
the builder, recommending that he, or the property owner, be
present if the application is to be further considered.
The letter from Mr. T. L. Hainline representing Centex Homes
was discussed. The request for appeal to the City Commission
of the Board' s position is to be heard at the regular Commis-
sion meeting of October 12. Hope Van Nortwick advised that
she had gone over the correspondence, noting responses to the
points brought up . It was recommended that Tree Board mem-
bers be present at the Commission meeting to voice the posi-
tion of the Board, if necessary.
Cynthia Grossberg was recognized and inquired if it would be
necessary for Board approval to remove trees with a DBH of
less than 6" from property that she and her husband owned in
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Oceanbreeze. The Board agreed that it would not be required
since the Ordinance requires Board approval of only those
trees tn- -ess. of a 6" DBHJ or , rile r-, 0,'
Carl Walker mentioned that following adjournment of the meet-
ing, there was still an area in the Tree Ordinance amendment
which he felt should be changed and that he would like to
discuss this. The first reading of the Ordinance amendment
has been placed on the agenda for thee Commission meeting of
October 26.
Hope Van Nortwick made a motion to accept the minutes of the
last meeting, as written. Tom Frohne seconded; the motion
passed unanimously.
With no further business, the meeting was adjourned at
8:20 pin.
1
Respec fu 1 ubmitted,
77 CI ---------_,
Joh W 1 don, Jr.
Secre ry
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