Item 8A~'
AGENDA 1TENI #8A
NOVEMBER 8, 2004
CITY OF ATLANTIC BEACH
,~ CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Tom McMenemy
SUBMITTED BY: Don Ford
DATE: November 1, 2004
BACKROUND: Tom McMenemy has removed a 24 inch diameter Oak
tree from the Right of Way adjacent to his home at 1845
Hickory Lane. After a complaint from a neighbor city
staff referred Mr. McMenemy to the Tree Conservation
Board. The tree had been identified on a tree survey from
the Selva Marina St. resurfacing project and was
protected during the project. Mr. McMenemy feels the
tree was a possible danger to his home and is appealing
the mitigation accessed by the Tree Conservation,
Board.City Code section 23-17(1) determines the tree was
protected. The Tree-Board mitigation is per the current
market rate for a planted on site replacement tree at
$117.00 per inch.
Total mitigation required is 24 inches at $117.00 per to
equal $2,808.00
BUDGET: N/A
RECCOMENDATION: Affirm Tree Board mitigation.
~ ATTACHMENTS: Letter to McMenemy, Tree Board motion of June 30,
2004, Survey locating tree on ROW, and letter from Tom
McMenemy of June 15,2004.
.REVIEWED BY CITY MANAG~
AG DA ITEM NO.
~•
Tuesday, August 17, 2004
Tom McMenemy
1845 Hickory Ln.
Atlantic Beach, Fl. 32233
Subject: Tree removed on City ROW
Dear Sir,
AGENDA ITEM #8A
NOVEMBER 8, 2004
CITY OF ATLANTIC BEACH
BUILDING AND PLANNING
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE: (904) 247-5800
FAX: (904) 247-5845
http:/Jci.atlantic-beach. fl.us
The city staff has reviewed the information from the Building Department and
determined the oak tree cut down in front of your residence at 1845 Hickory Lane is on
the City of Atlantic Beach right of way. There are no extenuating circumstances that
would preclude mitigation for the removed tree.
By this notice the required replacement of the tree will be at 100% of the removed inches
in diameter at 54 inches from the ground. The tree measured 24 inches from a survey
completed in 2003 by the city. The total replacement will be 24 inches or payment into
the tree fund of $2808.00 ($117 per inch) or any combination of trees replaced and the
balance paid into the tree fund. Oak trees must be replaced with oaks.
This notice requires payment within 30 days. After 30 days this case will be turned over
to the Code Enforcement Board. Under Fla. Statutes 162.09 the Code Enforcement Board
may impose fines of up to $5,000.00 per tree.
Please contact this office at 247-5826 if you have any questions.
S ~ cerely,
Cry.
Don C. Ford CBO •-
'"~" Building Official
Cc: City Manager
""' Code Enforcement
File
u
/,'
AGENDA ITEM #8A
~/ Minutes of June 30, 2004, Special Called Meeting of Tree Conservation Board NOVEMBER 8, 2004
~. Page 2
New Business
'~_. A. Tree Removal Applications
1. 1845 Hickory Lane: Building Official Ford advised that a 24" oak had been removed
without a permit and it was approximately three feet from their property line in the city right-of-
"~ way. He further advised that the owners took out a total of four trees, three on their lot and the
one located on the city right-of--way.
A motion was made by Board Member McCue, seconded by Board Member Permenter,
and unanimously carried to request that the Building Official assess mitigation at 100
percent fora 24" oak at $117 per inch. In addition, that the Building Official discover the
name of the tree remova'1 firm and that some appropriate action be taken against this tree
removal firm for not going through the proper channels and discovering whether they
could legally remove the tree on the city right-of--way.
Discussion was held with regard to fining tree removal companies who cut down trees illegally.
,~,,,, Building Official Ford advised that over $6,000 had been assessed in the last month for trees that
were removed without a permit. Discussion was held with regard to notifying the newspapers so
that an article could be .written to educate the community.
Building Official Ford advised that the new Public Works Director did not want to be involved in
tree. mitigation in the future but wanted the Tree Conservation Board to assess mitigation at 100
percent on trees removed from city right-of--way. Building Official Ford stated that in the future
the board would make a recommendation to the Building Official instead of the Public Works
Director.
2. Part f Lot 1, Section 18, Township 2, Section H (Lot 1) (Kestner Road): Building Official
Ford that the 8" pine, the 20" pine and the 15" pine were all located in the city right-of--way.
A motion was made by Board Member Permenter, seconded by Board Member M~Cue,
and unanimously carried to recommend that the Building Official issue a permit for the
removal of an 8" pine, a 20" pine and a 15" pine in the city right-of--way to be mitigated
with a 4" oak, a 5" oak, a 6" oak, an 11" oak, a 4" maple, a 5".oak and an 18" pine.
~' A motion was. made by Board Member Permenter, seconded by Board Member McCue,
and unanimously carried to direct the Building Official to issue a permit for the removal of
one 14" pine to be mitigated on site with one 12" pine.
3. Part of Lot 1, Section 18, Township 2, Section H (Lot 2) (Kestner Road):
"~" A motion was made by Board Member Permenter, seconded by Board Member McCue,
and unanimously carried to recommend that the Building Official issue a permit. for the
removal of an 18" pine, a 7" pine and a 20" palm in the city right-of--way to be mitigated at
100 percent at $117 per inch.
A motion was made by Board Member Permenter, seconded by Board Member McCue,
~' and unanimously carried to request that the Building Official issue a permit for the
removal of two 12" pines, an 8" myrtle and a 30" oak to be mitigated on site with two 4"
oaks, one 3" oak, one 5" oak and one 18" pine.
A~ I I \ „ mot,
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Date: June 1,5, 2004
To: Maureen Shanghnseey
From: The McMenemy Family
Subj cct: Tree Removal
My wife and I reside at 1845 Hickory Lane. Wt: have bec~o. residents of Atlantic Beach
since September 1992. We selec ed his area because of its charm and natural beauty. We plan to
retire and live in this house for mz~y years to come.
Over the .last twelve years we have encountered several near catastrophes involving trees.
The f_trst was a wake up call when a heavy tree limb literally fell on the roof in the middle of the
night. To our surprise, this tree was hollow inside and it was recommended that we remove it to
eliminate any future destruction. Since it was next to fhb house and extended over a major part of
our roof, we decided to remove it.
Less than a year later, I tried to leave for work an a morning after a windstorm, and to ray
surprise a large tree fell across our driveway, blocking the exit from the garage. We were
fortunate that it did not cause any injury or property damage. Again, the tree company said this
tree was just an accident waiting to happen. After this event we started to pay closes attention to
our trees and trying to trim them as needed.
When the roads were surveyed for resurfacing t met the survey team one Saturday
rnoraing when they were reviewing the streets and surrounding trees. They were looking at the
trees in the median and did not look at any trees on our property line. Once the responsibility of
the mad4 transferred to the city, l stopped trinaaning any trees in the znedi.an.
'z'wo years ago, we bad another company out tv bid on trimming and at that ti:onc t}aey
rccornmcndcd txcatment for one and the removal of twc+ other trees. They offered a vivid
demonstration by pushing a long screwdriver into these trees. One was very close to the house
and the other was on the edge of your property. The one close to the house had obvious
imp,l..i,cati.on because of a prior experience. The other was pointed towards our neighbor's house.
We knew we would eventually have to remove these hazards.
Recently we had a tree company out and I asked for a quote, which included removing
the fret on the edge of our property line. We were assured the tree could be legally removed. We
moved forward with the quote and the tree was retx~oved about fUUti:ecn day ago.
l~bout a week later, Don Ford, from the City of; Atlamkic Beach, visited us. He informed
us that this txee is on a Right Of Way and basically beloiogs to the city and we did not have the
right to remove it. We are not iriter~ted in clear-cutting our property to spoil the beauty of our
surroundings. Our intentions were honorable and we wanted to protect our neighbors from any
unforeseen damage or injury. If we had known this wasi the city's responsibility, we would have
involved them and certainly wouldn't have paid tp reRaove this tree.
We are appealing to you in considering ibis ackion as an honest mistake and not an
intenti.ozlal violation of polity.
Mr. Ford informed us that your next meeting is~ on Tune 23"~ and we would like to attend
and meet with the Board to discuss this situation.
Sincere ,
om McMenemy /
(904) 247-6537
AGENDA ITEM #SA
NOVEMBER 8, 2004
a~