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10-01-01 v _. AGENDA REGULAR MEETING OF TREE CONSERVATION BOARD October 1, 2001 7:30 p.m. City Hall Commission Chambers 1. Call to Order 2. Swearing-In of Members 3. Election of Chair and Secretary 4. Recognition of Visitors 5. Approval of Minutes of Meeting of September 17, 2001 6. Old Business A. Tree Removal Applications 1) Lots 4 and 5, Block 244, Lots 4 and 5, Block 245, Section H • 7. New Business A. Tree Removal Applications 1) 451 Inland Way 2) 409 Beach Avenue 8. Reports and Announcements 9. Adjournment • If any person decides to appeal any decision made by the Tree Conservation Board at the above meeting, he will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony of evidence upon which appeal is to be based. • • • MINUTES OF TREE CONSERVATION BOARD October 1, 2001 A regular meeting of the Tree Conservation Board was held Monday, October 1, 2001, in the City Hall Commission Chambers. Present were Richard Bell, Judith Jacobson, Barbara Mears, Carol Rockwood, Building Official Don Ford and Susan Dunham. 1. Call to Order The meeting was called to order at 7:30 p.m. 2. Swearing—In of Members Building Official Ford stated that the City Clerk advised him that she would swear-in the members at the next Tree Conservation Board meeting when all members were expected to attend. 3. Election of Chair and Secretary The Board determined that they would postpone the election until all Board members were present. 4. Recognition of Visitors None. 5. Approval of Minutes of Meeting of September 17, 2001 A motion was made by Board Member Rockwood, seconded by Board Member Bell and unanimously carried to approve the Minutes of the Tree Conservation Board Meeting of • September 17, 2001. 6.A. Old Business/Tree Removal Applications 1. Lots 4 and 5, Block 244, Lots 4 and 5, Block 245, Section H: Discussion was held with regard to who has authority to grant an exception to mitigation requirements when mitigation has already been set by the Tree Conservation Board. Mr. Merve Russell stated that his letter requests an extension of time to plant trees and, if he does not meet the deadline, he would expect the City to turn off the electricity to his property. In addition, he advised that he has contacted several tree services that have quoted him $12,000 to install 20 oak trees (approximately 80 inches). He further stated that he has property on the north side of Jacksonville where he could obtain trees but he has been advised not to move them until December when they are dormant. Mr. Russell informed the Board that the date of December 31, 2002 in his letter is incorrect; he meant to request the extension until January 31, 2002. Board Member Jacobson quoted the following from the Tree Ordinance: "...trees shall be installed prior to the final building inspection and issuance of the CO. Otherwise,the name, size and location of the required replacement trees shall be shown on the site plan required for site clearing or tree removal and such trees shall be installed within the time limited stated on the site clearing or tree removal permit." Building Official Ford stated that tree removal permits are valid for one year from date of issuance. He further stated that he believed the permit to this property was issued in June or July of 2001. Building Official Ford advised that the City could issue Mr. Russell a provisional certificate of • occupancy based on the trees being planted by a particular date. He further advised that if Mr. Russell does not meet the deadline, the City would turn off electricity and water to the property. Minutes of Tree Conservation Board October 1, 2001 • Page 2 A motion was made by Board Member Mears to direct Mr. Russell to rewrite his letter correcting the date to January 31, 2002, and that we allow him this time extension under the issuance of a temporary certificate of occupancy and that the Building Official issue a certificate of occupancy with the provision that the trees will be planted within the timeframe. Discussion was held and it was suggested that the following be added to the motion: 1. To plant 20 oak trees; 2. This requirement goes with the property if the property is sold in the interim; 3. To meet the required mitigation on this permit by that date or a lien will be assessed on the property of the required inches x$82.50. The motion failed for a lack of a second. A motion was made by Board Member Mears, seconded by Board Member Jacobson, that upon rewriting the application to extend the deadline for planting the required oak tree mitigation for the property at 589 West 14th Street, the Building Official should issue the certificate of occupancy conditional upon the applicant meeting the required mitigation by January 31, 2002 and that a lien be imposed on the property at the rate of$82.50 per inch for required mitigation. Building Official Ford stated that he understands the intent of the Board on this matter and suggested that he prepare the wording of the motion,have the City Attorney review it and the Board could vote on it at the next Board meeting. • A question was called and the motion failed by unanimous vote. A motion was made by Board Member Bell, seconded by Board Member Jacobson and unanimously carried that Building Official Ford prepare a proposal in consultation with the City Attorney for the next Tree Conservation Board meeting for the Board to approve to allow Mr. Russell to proceed. 7.A. New Business/Tree Removal Applications 1. 451 Inland Way: Mr. Dane Boggs of Boggs Construction introduced himself. Board Member Bell stated that the tree Mr. Boggs is requesting to remove is not a protected tree. A motion was made by Board Member Jacobson, seconded by Board Member Mears and unanimously carried to approve the application and direct Building Official Ford to issue a permit for the removal of a 12" palm tree since it is not a protected tree. 2. 409 Beach Avenue: Mr. Claude Caviness introduced himself. He stated that he was re- appearing before the Board due to a tree being damaged during high winds. In response to a question from Board Member Bell, Building Official Ford stated that this property is not owner- occupied and,therefore, the owner is required to come before the Board for permission to remove the tree. Building Official Ford also stated the tree is within 7.5 feet of the lot line which makes it a protected tree. The Board agreed that this was a dead or dying tree. A motion was made by Board Member Jacobson, seconded by Board Member Rockwood and unanimously carried to approve the application and direct Building Official Ford to issue a permit • for the removal of a diseased 12" palm tree. r y Minutes of Tree Conservation Board • • October 1, 2001 • Page 3 8. Reports and Announcements: Discussion was held with regard to the Board's concerns that in January all the Board members would be new. It was suggested that Building Official Ford draft a memo to the mayor requesting that the two members who will replace Board Members Bell and Jacobson be appointed early to allow for a training period. It was also determined that Board Member Bell would contact Mrs. Mae Jones to see if she would be willing to serve as an ex-officio member to the Tree Conservation Board. Board Member Jacobson suggested designating one-half hour of one of the meetings to discuss the key parts of the ordinance with the new members. 9. Adjournment: There being no other business or discussion,the meeting was adjourned at 8:35 p.m. ` I f Ric'. d :ell r