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11-04-91 v AO TREE CONSERVATION BOARD Minutes of Meeting of November 4, 1991 The regular meeting of the Board was held Monday, November 4, 1991 in the Commission Chambers, City Hall. Present were: Carolyn Woods, Chairman Sandra Sheppard Dezmond Waters Jahn Weldon, Jr. Jim Pelkey George Worley, Designee Carl Walker, Coordinator Guests: Mr. and Mrs. Mr. William J. Adkins Mr. Thomas Frohne The Meeting was called to order by Carolyn at 7:30 pm. The first order of business before the Board was to review the ordinance violation that occurred at 126/128 Seminole Road. Mrs. Adkins, property owner, and her husband, were present to discuss the matter with the Board. It was deter- mined that 5 pine trees had been removed from the property with diameters of 25", 26", 32", 34" and 36" for a total of 153", before a permit was issued. The Adkins explained that 6 adjacent lots were owned, 3 of which face Seminole Road. In addition to 3 tenants, their summer home is also on the property. The tenants, as well as a neighbor to the north, had complained of the trees as they felt them to be a potential danger due to storms, fall- ing limbs, lighting strikes, etc. Mrs. Adkins had contacted City Hall, before work began and was advised that it was necessary to secure a permit. However, she was unable to get in touch with the contractor, Beautiful Tree Service, Inc. to so advise them. Mrs. Adkins further advised that City employee, Don Ford, came to the site and advised that it was possible to assess a fine up to $500 for the violation. It was brought up that Beautiful Tree Service, following the tree removal, had filed an application for removal of the 5 trees and paid $30, twice the normal fee, as a result of performing the work before securing a permit. John Weldon asked the Adkins if they would give consideration to planting replacement trees on the property. Mrs. Adkins responded that there were already well over 30 trees there, including oaks, sycamores, maples and a magnolia. Carolyn reviewed the Ordinance and Code that allows up to a $500 fine for each violation and, in addition, requires that replacement trees be planted of a size and species recom- mended by the Board. As a proposal, Carolyn suggested that replacement trees be placed within the property set back. The Adkins were not agreeable to this. It was mentioned by Dezmond that trees could be put in another location within the City. Various alternatives were suggested or discussed but r►o agreement reached. Mrs. Adkins advised that the incident had already cost an additional $200. 00 due to the delay incurred by the tree service due to the work stoppage when Don Ford came to the property. After further discussion, it was agreed that no additional replacement trees would be required on the property where the removal had taken place. In lieu of this, a fine would be assessed for each tree removed, and the monies received would be used by the City to purchase trees to be planted on City property. John Weldon made a motion that the Adkins be fined a total of $150. 00, broken down as $30. 00 per tree removed in vio- lation io- lation of the Ordinance, to be paid immediately for the pur- chase of two trees to be planted within the City. The motion was seconded by Dezmond and passed unanimously. George agreed to handle the invoicing of the Adkins for remittance ar►d to handle the deposit of the check . George distributed copies of the letter (see attached) dated 10-30-91 from Safa Mansouri to the Board. Carolyn brought up that she felt it should be reviewed and passed by the City Commission since it would be an addition or., alteration to the Contract Quality Development of Tiffany by the Sea. Dezmond moved that the Board accept the letter from Safa Mansour i to the Board dated 10-30-91 arid, further, that said letter be submitted to the City Commission for adoption for inclusion to the Contract Quality Development. Jim seconded and the motion unanimously passed. John Weldon asked about the repositioning of the duplex on property on Camelia Street for an application that had been previously approved by the Board. George advised Dean Russell, the builder, had agreed to the change without complaint. The minutes of the last meeting were reviewed and it was pointed out by Sandra that the change reflected in the previous minutes is still incorrect. The minutes should reflect, correctly, the first name, page 3, next to last paragraph, as Fred, not George. Desmond moved to accept the Minutes with this change. Sandra seconded and the motion passed unanimously. With no further business, Carolyn adjourned the meeting at 8:55 pm. Respectfully submitted, I ti uL� cam- e- flond Waters Secretary