Loading...
51 Pine Street TREE07-00001712 Docs Doc#2014043783,OR BK 16701 Page 924, Number Pages:1 Recorded 02/26/2014 at 03:04 PM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL Prepared By, Record and Return To: RE CNry RECORDING$10.00 Donna L. Bartle, City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 RELEASE OF LIEN The undersigned, does hereby certify that a certain lien, in favor of the City of Atlantic Beach and against Joseph M. and Paula C. Puopolo, dated November 10t", 2008, upon the following described properties situated in the County of Duval, State of Florida,to-wit: RE# 170681-0000 51 Pine Street (formerly known as 590 Sturdivant) Lot 800 Saltair Section 1 and verified statement and claim for said lien being recorded in OR Book 14695 Page 1664, current public records of Duval County, Florida,November 12, 2008, is fully satisfied, released and discharged, the claim secured thereby having been paid in full, and the Clerk of said county is hereby authorized and directed to discharge same upon the record thereof, according to the statute in such case made and provided. In witness whereof, the undersigned has set his/her hand and official seal this 24th day of February, 2014. Signed, sealed and delivered in our presence; WITNESS: CITY OF ATLANTIC BEACH Z2J?Z By gnature Nelson��anLie�rentcrim Ci ty Manager A✓071ln),C�:__ o?l�'tr C r nted Name (Seal) f. Attest: f. Signature Donna L. artle, City Clerk Printed Name Paec 1 c)t, 1 tHE CIR I VIII I II I III VIII VIII VIII IIII IIII Print Date: 2/26/2014 3:04:42 PM Transaction #: 2514967 °"" Receipt#: 2446029 Cashier Date: 2/26/2014 Ronnie Fussell 3:04:32 PM Clerk Circuit Court (KJEWELL) Duval County 501 West Adams St RM 1051 Jacksonville, FL 32202 (904) 255-2000 Customer Information Transaction Infor ation Payment Summary DateReceived: 02/:6/2014 Source Code: BEACH Q Code: BEACH CITY OF ATLANTIC BEACH O Over the l'otal Fees $10.00 Return Code:Counter Total Payments $1 0.00 Trans Type: Recording Agent Ref Num: 1 Payments LLJ CASH 1 Recorded Items J `n BKPG: 167011924 C'FN:2014043783 � Date:2 12612014 :04:30 PM From:ATL BC CITY OF To: PUOPOLO JOSE11II M ETAL INDEXING 3 $0.00 RECORDING 1 $10.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%2OFiles/RecordingModule/default.htm 2/26/2014 Doc#2i i 8G8583o, OR 6K I 469-b Page 11 064. Number Pages. I Reci)rdt 1 '08 atll AV )d !1 1 2.2-j 1 JIM FULLER CLERK CIRCUr COURT CUVAL Prepared by, and Record and Return to: KITY Donna L. Bartle FZ EC 0 R D!NIG$10 00 City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owners, Joseph M. and Paula C. Puopolo, pertaining to property described as 51 Pine Street, A/K/A 10-8 21-25- 29E Saltair Section 1 Lot 800, RE# 170681-0000, and F/K/A 590 Sturdivant Avenue, for violation of a mitigation order issued under the authority of and according to the provisions of Chapter 23, Section 23-17(e)(2) of the Code of Ordinances of the City of Atlantic Beach, Florida, and finding that Joseph M. and Paula C. Puopolo, owners of the property, have failed to accomplish this mitigation obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Joseph M. and Paula C.Puopolo. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of ten(1 0)percent per annum until paid. This Claim of Lien is to secure payment for the mitigation assessment in the following amount: Mitigation: $4,446.00 Executed this&'day of A16Ver4ep— 2008. CITY OF ATLANTIC BEACH Witness By: — ames Hanson,City Manager SIVE OF FLORIDA— —�y COUNTY OF DUVAL Sworn to and subscribed to me this /00 day of /VV vim he'f 2008 by James R.Hanson who is personally known to me and who did not take an oath. DONNA L. BARTLE MYCOMMISSION#DD796097 vg, EXPIRES:March 30,20M Notary Public, State of Florida at large of EwdeG--h,u Notary Public I Underwriters I My Commission expires: Marck :fO White, Debbie From: Benjamin, Jeri Sent: Thursday, February 20, 2014 2:51 PM To: White, Debbie Cc: Van Liere, Nelson Subject: Tree Issues Our Code is very confu. Ong. First, it appears the City Commission would hear,and decide appeals to prior Tree Ordinance decisions/orders. Read ng further in Section 23, it looks like these issues would be bounced to Code Enforcement Board. What is your interpretatr)n? Chapter 23—Protectic<=i of Trees and Native Vegetation Sec. 23-12. City comet ssion.:., The city commission shall have the following authorities and responsibilities: (1) To establish fees and fines related to the administrative costs of carrying out the requirements of this chapter. (2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and maintaining the city's community forest. (3) To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. (4) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision made by the administrator in the implementation of this chapter. Chapter 23—PROTEC "ION OF TREES AND NATIVE VEGETATION Sec. 23-50. Code enfoi Cement action, :' Failure to complete remedial actions required to bring the violation into compliance with this chapter shall result in code enforcement action pursuant to chapter 2, article V,division 2 of the Municipal Code of Ordinances as well as other remedies available under applicable law. ford.No. .45-10-?0 2(Exh.A): 2-22-,0) Chapter 2—ADMINISTRATION (Code Enforcement Board) Sec. 2-149. Administrative fines; cost of repairs; contests; liens; money judgments.—' (a) 1 The board, upon notification by the code officer that an order of the board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in the section for each day the violation continues past the date set by the board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the violation is a violation described in subsection 22147(b)(9)of this division,the board shall notify the city commission,which may authorize the making of all reasonable repairs which are required to bring the violations into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to the section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for the issuance of the order imposing the fine.A fine imposed pursuant to the section shall not exceed five hundred dollars($500.00)per day for a first violation and shall not exceed two hundred fifty dollars($250.00)per day for a repeat violation, and, in addition, may include all costs incurred in the enforcing this ordained and all costs of repairs pursuant to this section. If after due notice and hearing,the board finds a violation to be irreparable or irreversible in nature, it may order the violation[violator]to pay a fine not to exceed five thousand dollars($5,000.00)per violation. (b) In determining the amount of the fine, if any,the board shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) The board may reduce a fine imposed pursuant to this section at any time. ,Jeri Benjamin Deputy Finance Director City of Atlantic Beach, Florida 800 Seminole Road Atlantic Beach, Florida 32233 Phone: 904.247.5822 Fax: 904.247.5819 2 CITY OF ATLANTIC BEACH j ✓� BUILDING AND PLANNING < 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE:(904)247-5800 wr FAX:(904)247-5845 http://ci.atlantic-beach.fl.us ��JJ3J�r October 7, 2008 Mr. Joseph M. &Mrs. Paula C. Puopolo PO Box 331087 Atlantic Beach, FL 32233-1087 RE: Tree Mitigation(TREE 07-00001712) 10-8 21-2S-29E Saltair Section 1, Lot 800 a/k/a 51 Pine Street ( f/k/a 590 Sturdivant Avenue) Dear Mr. &Mrs. Puopolo: I am writing to inform you that the mitigation assessed for tree removals from the above-reference property is now due. Upon review of you application at the January 9, 2008 regular meeting, the Tree Conservation Board granted approval for removal of 1-18" Oak, 1-12" Palm, 1-24" Pine and 1-30" Pine. Additionally, the Board assessed mitigation of 42" hardwoods per the provisions of the Municipal Code [Section 23- 17(e)(2)], to be demonstrated on the required landscape plan and installed prior to issuance of the Certificate of Occupancy. A copy of the official minutes of that meeting is attached, as is a copy of the subsequent permit(TREE 07-00001712)which was issued the following day, January 10,2008. On September 9, 2008, the Building Department issued the Certificate of Occupancy without final review and approval of tree mitigation. On September 24, 2008, 1 emailed Mr. Rex Williams, who had represented the project at the January 9�h Tree Board meeting to inform him that the trees planted were insufficient and did not meet the minimum standards of Section 23-17(e)(2). Particularly, replacement oaks must be minimum 4"diameter, and of the two oaks planted, only one meets this standard. Additionally, palms are not hardwoods, and therefore do not count towards the required 42° mitigation. I asked Mr. Williams to please confirm the number, species and sizes of trees actually planted so that I could determine the outstanding mitigation. However, he has yet to reply. As of today, it is my determination that 4 of the original 42 mitigation assessment has been met, leaving a balance of 38 due. Considering the constraints of the property as previously discussed with Mr. Williams, it does not appear that it will be possible to plant 38" of hardwoods in such a manner that the trees will remain viable. Thus,as explained to Mr. Williams in January, payment in lieu of mitigation at the rate of$117.00 per inch should be made to the City of Atlantic Beach Tree Conservation Trust Fund. The remaining balance of$4,446.00 is due by 12:00pm on November 7, 1608, unless a payment plan is arranged with the Finance Department. If neither full payment has TREE 07-00001712151 Pine Str et mitigation October 7,2008 Page 2 of 2 been received nor a payment plan arranged by 5:00pm November 7, 2008, a lien will be placed on the subject property. Please feel free to contact me at ehall @coab.us or(904)270-1605 if you need additional information or assistance. Sincerely, Erika Hall Principal Planner, Staff Liaison to the Tree Conservation Board cc: Sonya Doerr, Community Development Director Tree Conservation Board encl `J CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 PHONE (904)247-5855 January 3, 2014 Joseph M. and Paula C. Puopolo P. O. BOX 331087 ATLANTIC BEACH, FL 32233 RE: Code Enforcement Fines-51 PINE ST 1 & 2 Case# 13-778 RE# 170681-0000- Dear Property Owner: This letter is notification that there is an amount owed and lien on your property referenced above. Violation/Mitigation/Assessment amount: $4,456.00 (including lien recording fees) Plus: Applicable interest and penalties from November 10, 2008 Please feel free to contact me at(904)247-5855 if you have any questions or need additional information or need to obtain the payoff amount to release the lien on your property. Sincerely,J'&-�"O�z Deborah White CODE ENFORCEMENT OFFICER Primary Site Address Official Record Book/Page Tile# PUOPOLO JOSEPH M 51 PINE ST 12027-02196 9421 PO BOX 331087 Atlantic Beach FL 32233 ATLANTIC BEACH, FL 32233-1087 PUOPOLO PAULA C 51 PINE ST Property Detail Value Summary 2013ledAMW 2014 In Progizo 170681 0000 -_v,.___- __. RE# Income _.... -------- _ . Income Tax Distlu USD3 1700 OFFICE 1-2 STY Total Ing value '$0.00 $0.00 -# Extra Val of euil�ngs ue $0.00 $0.00 10-8 21-2S-29E Land v (Market) $85,000.00 $85,000.00 Legal Desc SALTAIR SEC 1 $0.00 $0.00 pp 03116 SALTAIR SEC 01 lust( )Value $333,600.00 $333,600.00 Total Area 5000 Value $333,600.00 $333,600.00 The sale of this property may result in higher property taxes.For more information go to Cap DW7 ---- Amt $0•00/$0'00 $0'00/$0'00 Save Our Homes and our Property Tax Estimator.Property values,exemptions and other ��pt{pns $0.00 See below information listed as'In Progress'are subject to change.These numbers are part of the 2014 -- -- -- + - working tax roll and will not be certified until October.Learn how the Property Appraiser's � T We Value $333,600.00 See below Office values properly. Taxable Values and Exemptions—In Progress If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History ---- - --------------------- Book/Page Sale Date Sale Price Deed Instrument Type Code Qualified/UneLualified Vacant/Improved 12027-02196 8/25/2004 $150,000.00 WD-Warranty Deed Qualified Vacant 11733-01250 3/31/2004 $82,000.00 WD-Warranty Deed Qualified Vacant 10461-00547 4/2/2002 $100.00 MS-Miscellaneous Unqualified Vacant 07164-02160 8/15/1991 $52,000.00 WD-Warranty Deed Unqualified Vacant .t, Extra Features LN Feature Code Feature Description Bldg. 1 Length Width Total Units Value 1 PVCCI Paving Concrete 1 0 0 445.00 $1,634.00 2 WMCCi Wall Masonry/Concrt 1 0 0 306.00 $2,279.00 3 ELHC6 Elevator Hydraulic 1 0 0 1.00 $39,926.00 4 ESH06 Elevator Stops Hydra 1 0 0 2.00 $16,058.00 Land&Legal Land Legal LN SSA Use Description Zonis Front !Depth Category Land Units Land Tyne Land Value LN Legal Description 1 1000 COMMERCIAL ACG 0.00 0.00 Common 5,000.00 Square Footage $85,000.00 1 10-8 21-2S-29E 2 SALTAIR SEC 1 3 LOT 800 Buildings Y Building 1 -- Building 1 Site Address Eminent Code Detail 51 PINE ST Atlantic Beach FL 32233 Exterior Wall 16 16 Tile/Frame Stucco Exterior Wall 21 21 Stone Building Type 1701 OFFICE 1-2 STY Roofing Structure 4 4 Wood Truss i rs,FUa Year Built 2008 Roofing Cover 4 4 Built Up or T&G i _..__ Building Value $271,026.00 Interior Wall 5 5 Drywall Int Flooring 3 3 Concrete Finished Tvce Gross Heated Effective Int Flooring 12 12 Hardwood Area Area Area Heating Fuel 4 4 Electric Base Area 1319 1319 1319 Heating Type 4 4 Forced-Ducted Finished upper 1319 1319 1319 I Air Conditioning 3 3 Central story 1 http://apps.coj.net/pao_propertySearch/Basic/Detail.aspx?RE=1 7068 10000 0 0 O O O M I Q I 0 0 O W W I W 1 I z I O v \D N N I p W I H dl In w N tD I H 1 VI 'dl N N W I �a I VI w r r I I a I i I I O 0 0 �i��'I•W I 0 0 1 ✓a I H H loaf w w I � I t i I I I 1 1 I 1 � I [4 W I H O F I Q I M I y Q I o I 1 ,4 I I 1 1 000 0 H H I I O O l0 b N N 1 [[] 1 O%D M D1 M M I a I 0 ON 10 kn N I Q I W N r v v I Q I dl N %D w OD %D D I � 1 1 I I I I �lio H O x F rOi e0-I rH-I F yQ-. H a q� Z a EH.04 i i 16 H A C7 (p p 16 H a a z 0) W o O w Q I 0 1 01 0 y zpI a ro °rou ( r H I H A W O Wg I fn I W R EWAF V A aw 7. a l IM, l a� D3 z amA v •.� En 93� q H I I wyy w U E i u I I I 1 1 1 I I I I I I I I I ;I I I I I 1 I I I I I U1 1 N y I M 1 w I a O 1 I Qq I H N a 1 F En u v a z a H �w a � HE p �., a I H v o aI n o O (i O I ro H H4Jr W I 4 W p I r r i o Q i (aA I o O 7 0 WW o >10 W i W s.l O I Io�1 I W u W i Q CITY OF ATLANTIC BEACH f�A BUILDING AND PLANNING I J• sl 800 SEMINOLE ROAD ! 0 ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE:(904)247-5800 JN FAX:(904)247-5845 hupl/ci.atlantic-beach.A.us i Vill, f' i t 1 October 7, 2008 i I Mr. Joseph M. &Mrs. Paula C. Puopolo PO Box 331087 Atlantic Beach, FL 32233-1087 i I RE: Tree Mitigation(TREE 07-00001712) s 10-8 21-2S-29E Saltair Section 1, Lot 800 a/k/a 51 Pine Street ( f/k/a 590 Sturdivant Avenue) Dear Mr & Mrs. Puopolo: i am writing to inform you that the mitigation assessed for tree removals from the above-reference property is now due. Upon review of you application at the January 9, 2008 regular meeting, the Tree Conservation Board granted approval for removal of 1-18" Oak, 1-12" Palm, 1-24" Pine and 1-30" Pine. Additionally, the Board assessed mitigation of 42" hardwoods per the provisions of the Municipal Code (Section 23- 17(e)(2)], to be demonstrated on the required landscape plan and installed prior to issuance of the Certificate of Occupancy. A copy of the official minutes of that meeting is attached, as is a copy of the subsequent permit(TREE 07-00001712)which was issued the following day, January 10, 2008. On September 9, 2008, the Building Department issued the Certificate of Occupancy without final review and approval of tree mitigation. On September 24, 2008, 1 emailed Mr. Rex Williams, who had represented the project at the January 9"' Tree Board meeting to inform him that the trees planted were insufficient and did not meet the minimum standards of Section 23-17(e)(2). Particularly, replacement oaks must be minimum 4" diameter.. and of the two oaks planted, only one meets this standard. Additionally, palms are not hardwoods, and therefore do not count towards the required 42" mitigation. I asked Mr. Williams to please confirm the number, species and sizes of trees actually planted so that I could determine the outstanding mitigation. However, he has yet to reply. As of today. it is my determination that 4" of the original 42" mitigation assessment has been met, leaving a balance of 38" due. Considering the constraints of the property as previously discussed with Mr. Williams, it does not appear that it will be possible to plant 38" of hardwoods in such a manner that the trees will remain viable. Thus, as explained to Mr. Williams in January, payment in lieu of mitigation at the rate of $117.00 per inch should be made to the City of Atlantic Beach Tree Conservation Trust Fund. The remaining balance of$4,446.00 is due by 12:00pm on November 7, 2008, unless a payment plan is arranged with the Finance Department. If neither full payment has N I TREE 07-00001712/51 Pine Street mitigation October 7,2008 Page 2 of 2 been received nor a payment plan arranged by 5:00pm November 7, 2008, a lien will be placed on the subject property. Please feel free to contact me at ehall @coab.us or(904) 270-1605 if you need additional information or assistance. Sincerely, Erika Hall Principal Planner, Staff Liaison to the Tree Conservation Board cc: Sonya Doerr, Community Development Director Tree Conservation Board encl i Van Liere, Nelson From: Benjamin, Jeri Sent: Thursday, February 20, 2014 2:51 PM To: White, Debbie Cc: Van Liere, Nelson Subject: Tree Issues Our Code is very confusing. First, it appears the City Commission would hearland decide appeals to prior Tree Ordinance decisions/orders. Reading further in Section 23, it looks like these issues would be bounced to Code Enforcement Board. What is your interpretation? Chapter 23—Protection of Trees and Native Vegetation Sec. 23-12. City commission. The city commission shall have the following authorities and responsibilities: (1) To establish fees and fines related to the administrative costs of carrying out the requirements of this chapter. (2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and maintaining the city's community forest. (3) To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. (4) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision made by the administrator in the implementation of this chapter. Chapter 23—PROTECTION OF TREES AND NATIVE VEGETATION Sec. 23-50. Code enforcement action. .. Failure to complete remedial actions required to bring the violation into compliance with this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the Municipal Code of Ordinances as well as other remedies available under applicable law. (Ord.No.9510-101,§2(Exh.A),2-22-10) Chapter 2—ADMINISTRATION (Code Enforcement Board) Sec. 2-149. Administrative fines; cost of repairs; contests; liens; money judgments. (a) 1 The board, upon notification by the code officer that an order of the board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in the section for each day the violation continues past the date set by the board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the violation is a violation described in subsection 147(b)(9)of this division,the board shall notify the city commission,which may authorize the making of all reasonable repairs which are required to bring the violations into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to the section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for the issuance of the order imposing the fine.A fine imposed pursuant to the section shall not exceed five hundred dollars($500.00)per day for a first violation and shall not exceed two hundred fifty dollars($250.00)per day for a repeat violation, and, in addition, may include all costs incurred in the enforcing this ordained and all costs of repairs pursuant to this section. If after due notice and hearing,the board finds a violation to be irreparable or irreversible in nature, it may order the violation[violator]to pay a fine not to exceed five thousand dollars($5,000.00)per violation. (b) In determining the amount of the fine, if any,the board shall consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (c) The board may reduce a fine imposed pursuant to this section at anytime. Jeri Benjamin Deputy Finance Director City of Atlantic Beach, Florida 800 Seminole Road Atlantic Beach, Florida 32233 Phone: 904.247.5822 Fax: 904.247.5819 2 141 s CITY OF ATLANTIC BEACH } =' 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 IIc PHONE (904) 247-5855 October 29, 2013 JOSEPH M. AND PAULA C. PUOPOLO P O BOX 331087 ATLANTIC BEACH, FL 32233 RE: Code Enforcement Fines—51 PINE ST 1 & 2 Case 9 13-00000778 RE# 170681-0000 Dear Property Owner: This letter is notification that there is an amount owed and lien on your property referenced above. Violation/Mitigation/Assessment amount: $4,456.00 (including lien recording fees) Plus: Applicable interest and penalties from November 10, 2008 Please feel free to contact me at(904) 247-5855 if you have any questions or need additional information or need to obtain the payoff amount to release the lien on your property. Sincerely, Deborah White CODE ENFORCEMENT OFFICER UCC I\ ;4-09.. -�3ge 1 G74 Numr r Pages R e c c r d ed !'. 2 _°3,OD 8 ac . . 6?.!V! Prepared by, and Record and Return to: "0ti' TY`n - " �^ ''T � T � '` Donna L. Bartle REC ,RDINu$!00a City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owners, Joseph M. and Paula C. Puopolo, pertaining to property described as 51 Pine Street, A/K/A 10-8 21-2S- 29E Saltair Section 1 Lot 800, RE# 170681-0000, and F/K/A 590 Sturdivant Avenue, for violation of a mitigation order issued under the authority of and according to the provisions of Chapter 23, Section 23-17(e)(2) of the Code of Ordinances of the City of Atlantic Beach, Florida, and finding that Joseph M. and Paula C. Puopolo, owners of the property, have failed to accomplish this mitigation obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Joseph M. and Paula C. Puopolo. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of ten(10)percent per annum until paid. This Claim of Lien is to secure payment for the mitigation assessment in the following amount: Mitigation: $4,446.00 Executed this day of AlNerm ep— , 2008. CITY O ATLANTIC BEACH Witness By: ames . Hanson, City Manager S E OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed tome this /O*h day of 11la ve-m h e-/ ,2008 by James R. Hanson who is personally known to me and who did not take an oath. .: MY COMMISSION CGMM N DD 796097 WIRES:Mar ch 30,20 No Public, State of Florida at large . ;h` Bondcx,r hru NoUry Rik Underwriters My Commission expires: Mat-CA -401 UO Numtef Pages. JiM F ! CLERK C--R(CUtr CCUR !,;UVA L Prepared by, and Record and Return to: 1Z O'd N TY Donna L.Bartle R E C C R D i r IG 00 City Clerk's Office 800 Seminole Road Atlantic Beach,FL 32233 CLAIM OF LIEN The City of Atlantic Beach,having given proper notice to the property owners, Joseph M. and Paula C. Puopolo, pertaining to property described as 51 Pine Street, AWA 10-8 21-2S- 29E Saltair Section I Lot 800, RE# 170681-0000, and F/K/A 590 Sturdivant Avenue, for violation of a mitigation order issued under the authority of and according to the provisions of Chapter 23, Section 23-17(e)(2) of the Code of Ordinances of the City of Atlantic Beach, Florida, and finding that Joseph M. and Paula C. Puopoto, owners of the property, have failed to accomplish this mitigation obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Joseph M. and Paula C.Puopolo. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of Circuit Court in and for Duval County,Florida,and shall be payable with interest at the rate of ten(10)percent per annum until paid. This Claim of Lien is to secure payment for the mitigation assessment in the following amount: Mitigation: $4,446.00 Ze Executed th is day of 6 eg., 2008• CITY OF ATLANTIC BEACH Witness BY ames Hanson,City Manager S E OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed tome this day of Ahve-rahe-,( 2008 by James-R-HAnsOn - who is personally known to me and who did not take an oath. DONNA L BARTLE MY COMMISSION#DD 796097 Notary Public,State of Florida at large WiRES:March 30,2009 my Commission expires: Ma1'C-4 3 01 October 16, 2013 CODE ENFORCEMENT MEMO TO FINANCE CASE NUMBER: 13-00000778 VIOLATION ADDRESS: 51 PINE ST 1 &2 RE# 170681-0000 NAME: PUOPOLO JOSEPH M&PAULA C MAILING ADDRESS: P O BOX 331087 ATLANTIC BEACH, FL 32233 START DATE: 11-10-2008 STOP DATE: 11-10-2008 Set Fine DAILY ACCURAL AMOUNT: N/A TOTAL AMOUNT DUE: $4446.00 plus $10.00 fie If you have any questions please call Deborah White at exi 5855 Old Tree Mitigation Fine I )w 10 Al of 1 4 ??Pee Conrerruha6v 'oArAf f �A>auAry9 ZOOS,,000m G'u�urAlrGe�rr`er I r ?��G'�t'l?BOLIICl/APf I } CALL TO ORDER At 7:00 PM by Chair Shaughnessy BOARD MEMBERS PRESENT Stephanie Catania,Jim McCue, Brea Paul, Maureen Shaughnessy, and Carole Varney BOARD MEMBERS ABSENT none MEETING FACILITATOR Erika Hall, Staff Planner/TPO Administrator i I RECORDING SECRETARY (vacant) ; VISITORS&GUESTS None t APPROVAL OF MINUTES November 14th, 2007 Regular Meeting MOTIONJSECOND Jim McCue / Stephanie Catania f i DISCUSSION None } r VOTE Unanimous NEW BUSINESS TREE REMOVAL PERMITS t i PROPERTY 590 Sturdivant Avenue(Rex Williams, Signature Homes for Puopolo) Ms. Shaughnessy opened the item to discussion by Board Members. Jim McCue asked Ms. Hall how could this parking work, and where was the stormwater retention and stated that the parking lot was not consistent with code. Brea Paul replied that the stormwater retention was along the eastern property line, where the 30° Pine was proposed for removal. Ms. Hall replied that the applicant had a variance for parking. She also stated that the "site plan" was currently in Development Review, that Community Development (Planning &Zoning) reviewed the plan for consistency with the Comprehensive Plan and Land Development Regulations, that Pubic Works reviewed the plan for stormwater retention, and DISCUSSION that all departments were in communication in regards to the various issues involved with this project. Mr. McCue reiterated his concerns regarding the onsite parking and stormwater provisions. Ms. Paul stated that she felt the respective departments would ensure compliance with code, and resolve any issues during their review of the project. (Rex Williams of Signature Homes arrived at approximately 7:15pm to represent the application). Mr. Williams confirmed that he was working with the review departments to ensure compliance. Additionally, ". he stated that the property owner is committed to meeting all the mitigation requirements, and he asked if there were locations within the City that mitigation trees could be planted, should they not be fully accommodated on the lot? Ms. Hall reDlied that Rick Carper, Director of Public Works, is developing a plan for Tkl r I T ?Srfi ufar of f/Ie`}anuar r,2oo8 9,'e5u[ar Vee6n1t o f Me Tree Conseruaffon Sm i 7 such areas. Stephanie Catania noted that proposed replacement Oak trees are potentially located under power lines, and suggested that the applicant consider another hardwood species with similar canopy but lesser height. Mr. Williams asked if something like a Japanese Plum would be acceptable, and Board Members concurred that it would. _ { Stephanie Catania / Jim McCue: A motion was made to direct staff to issue a I tree removal permit for the removal of the following protected trees from the 1 exterior zone: 1-18"Oak, 1-12" Palm, 1-24"Pine and 1-30" Pine, for a total of 84". E MOTION/SECOND Mitigation is to be accomplished by the planting of 42" of hardwoods on site, with no trees planted under power lines. If the site will not accommodate all required mitigation, all or part shall be accomplished by payment into the Tree Fund, at the current rate of$117.00 per inch. __ 1 VOTE Unanimous ACTION ITEMS PERSOIN RESPONSIBLE DEADLINE f E Issue tree removal permit to applicant, per direction of Erika Hall 01/10/2008 i board's motion. r l REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL MITIGATION Scheidel Court(HOA) Ms. Hall reported that some of the trees planted for mitigation at the Scheidel Court multi-family housing community had died last fall. As a result, Public Works Director Rick Carper had had one of the field techs notify the Scheidel Court Homeowners' Association that those trees would have to be replaced. Ms. Hall said that on I November 21, 2007, she received a call from Laurie Leker who manages the Scheidel Dlscussi Court HOA, stating that they had been in communication with a landscaping { contractor who advised that the new replacement trees not be planted until January or February, which is typically the best tree-planting time for this area. Ms. Hall said that she composed a letter as follow-up that phone conversation with Ms. Leker, to document the HOA's intention to replace the trees. A copy of that letter was provided to Tree Board Members. Ms. Hall said that she & Public Works would continue to monitor the Scheidel Court trees. ACTION ITEMS PER RESPONSIBLE DEADLINE { Continue to monitor mitigation at Scheidel Court. Erika Hall N/A REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL MITIGATION 455-461 Atlantic Boulevard (Lewis) Ms. Hail reported that Mr. Lewis' attorney had drafted "Notice and Agreement of Mitigation" satisfactory to City Attorney Alan Jensen, and accepted by City Manager DISCUSSION Jim Hanson. A copy of the agreement was provided to Tree Board Members. Ms. Hall explained that this agreement essentially constituted a lien, and guaranteed payment of the mitigation due. ACTION ITEMS PE RESPONSIBLE DEADLINE Continue to monitor mitigation at 455-461 Atlantic Blvd Erika Hall N/A P a�ce2of4 i Minutes of the)an uars'9,200$ u ar 7vfeefinq of fie'1ree Conservafion Board r REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED SY MS.HALL EVENT Community Clinic&Adopt-a-Tree Program Ms. Hall reminded Tree Board Members that a community event had been scheduled for the upcoming Saturday, for the purposes of commemorating Florida Arbor Day, promoting the City's Adopt-a-Tree, and making available a Certified Arborist for resident questions. The format is to be open discussion / question & answer with Early Piety (C.A.) who has graciously volunteered his time, and City staff from Public Works (Rick Carper & Alex Hawkins) and Community Development (Erika Hall). Additionally, Public Works / Beautification Division will be providing at least two trees to plant on location, at Donner Park. Mr. McCue & Ms. Shaughnessy expressed j concern over the fact that the event had not been sufficiently advertised. Ms. Hall j DISCUSSION stated that notices were posted at City Hall &the community centers, that the event had been posted on the City website calendar, and under "Special Events". Additionally, flyers had been provided to the City Clerk (via email) to distribute to Commissioners and Board Members, and to Timmy Johnson, Director of Parks & Recreation for distribution. Finally, Ms. Hall noted that reporters were made aware of F the event, and that she had spoken with reporter Alexandra Kummernes and given her details of the event. However, Ms. Hall reminded Board Members that she had coordinated the entire event, in addition to her other duties as Tree Board Administrator, Staff Planner and GIS Coordinator, and that she had neither the time nor the money to do advertising. Ms. Shaughnessy replied that the next time, Board Members would take initiative to get the word out. j ACTION ITEMS PERSON RESPONSIBLE DEADLINE r { Attend and participate in Florida Arbor Day&Adopt-a- (All) 01/12/2008 j Tree Community Clinic REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL i a i ADMIN Tree Mitigation Fund f 4 Ms. Hall presented Board Members with a report detailing transactions within the Tree Fund accounts, 01-01-2000 thru 11-19-2007, in response to a request made by Mr. McCue at the November 14th regular meeting. Ms. Hall noted that there are numerous accounts under the broader Tree Fund, and it appears that money moves in and out of the accounts, based upon where the money comes from and what it is being spent upon. However, Ms. Hall reminded the Board that she is not an accountant and that neither her position nor the Tree Board has purview over Tree Funds. Mr. McCue replied (and other Board Members concurred) that even so, there should be some sort of accountability for these funds that the general public thinks are paying for the planting of trees only. Mr. McCue pointed out, for example, DISCUSSION numerous payments in the thousands of dollars, for "contractual services" from } Boatwright Land Surveyors, Davey Tree Experts, and others. Ms. Hall replied that the city has contracts with various companies for various aspects of maintenance, such as maintaining the public palms in the medians of Atlantic and Town Center. Also, she suggested that the surveyors were probably used for the tree surveys for projects such as the park creations/improvements and stormwater & utility projects. Mr. McCue argued that those expenses should have been included in the "engineering" budget of those projects and not have come from the Tree Fund. Mr. McCue suggested that perhaps a letter should be written to the Commissioners regarding the expenditure of Tree Funds. Ms. Hall reiterated that the current wording of the ordinance is very brief and general in its description of what Tree Funds can be spent q63 014 I s �Kinufes a�l�re Junry$,20tJ8'��!ular?4fatfi»�r a�t/ie 7ru Conservation�"I' � on, and that it would be up to the Commission to revises the ordinance to reflect very specific costs and expenses upon which Tree Funds may be spent. She noted that revisions to the Tree Protection Ordinance would once again be on the agenda for Strategic Planning, scheduled for the last week of February. Ms. Hall again reminded the Board that no funds are allocated for administration of the Tree Conservation Program, and stated that she is drafting recommendations for the establishment of a flat review fee that would cover administrative expenses of the program, as well as for the incorporation of an official "arbor plan review" into the development review process for all projects. Mr. McCue asked if Ms. Hall could provide more specific details as to some of the expenditures. Ms. Shaughnessy added that she was particularly interested in the larger amounts, during the past couple of years. Ms. Hall said that she would see if there was any additional information available and easily accessible, but again, reminded the Board that she did not typically"dabble" in Finance records because she had neither the inclination nor the time, nor was it her job to do so. ACTION ITEMS PER RESPONSIBLE DEADLINE i t Review POs within the last 2 years, valued at $2,000.00 Erika Hall 01/23/08 s or greater to determine what sort of materials and services are being paid for with Tree Fund monies. t A070URNMENT At 8:25 PM by Chair Shaughnessy MOTIOWSECOND Jim McCue / Stephanie Catania a i .23 q SIGNED.MAUREEN SHAUGHI ESrSY, ATE Z3 2006 ATTEST: ERIKA NAIL,STAFF PLANNER!TREE CONSERVATION ADMINISTRATO Pala 4 0A r CITY OF ATLANTIC BEACH S 800 SEMINOLE ROAD -� ATLANTIC BEACH,FL 32233 J °r INSPECTION PHONE LINE 247-5826 INSPECTION EMAIL REQUEST: Building-dept(c_coab.uS Application Number . . . 07-00001712 Date 1/10/08 Property Address . . . . . . 590 STURDIVANT AVE Application type description TREE PERMIT Property Zoning . . . . . . . COMMERCIAL, GENERAL MdV'Css &V� Application valuation . . . . 0 +0 51 Vine'S'Y�t' ------------------------- ------- --- ------------- Application desc (,r ueskd Icy TREE REMOVAL FOR NEW COMMERCIAL DEVELOPMENT 0�✓ 06"v� ----- Owner Contractor pq*) ---------------- -------- ------------------------ PUOPOLO, JOSEPH & PAULA OWNER 2446 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 ATLANTIC BEACH FL 32233 ------------------------------------------------------------------- --------- Permit . . . . . . TREE PERMIT Additional desc . . REV/APPR BY TREE BOARD Permit Fee . . . . . 00 Plan Check Fee . 00 Issue Date . . . . 1/10/08 Valuation . . . . 0 Expiration Date . . 7/08/08 ---------------- --------------------- - --------- ----- ---- ------------- ------- Fee summary Charged Paid Credited Due ----------------- -- - ------ - ------ ---- - --------- -- -------- Permit Fee Total . 00 . 00 . 00 . 00 Plan Check Total . 00 . 00 . 00 . 00 Grand Total . 00 . 00 . 00 . 00 '4'90( /�PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. Postal Service,. CERTIFIED MAIL,. RECEIPT p 1 (Domestic Mail Only, ru P_ CO m U k i" ,; .-fit � �- .z x Q' fU Postage $ fl_I Certified Fee p Postmark Return Receipt Fee Here C3 (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) Ltl 1 ra Total Postage&Fees r1J ,--p Sent To C3 %401.0--.----.(T(Zoe wnC-AI0 --------- t. ---- ------- ------------- p Street,Apt.No.; � .," f`- or PO Box No. V0 f•-a 331© '1 --------------- - - 1 City,State,ZIP+4 """"' PS Form :rr COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A t1 k X33- to � Sj ture D A t . gna ■ Complete items 1,2,and 3.Also complete A item 4 if Restricted Delivery is desired. X ddressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received b Printed Nam C. Date f Delivery ■ Attach this card to the back of the mailpiece, 13 f�/V eal-0 }v/Rr a or on the front if space permits. D. Is delivery address differ. to 11 If YES,enter delivery e o No 1. Article Addressed to: t- 41 l . MQ JOSEPIa M. Q Mus. Pt�uLA C �� Puovo�x ti w VOQ' 0'4 <y \OCd� 3. Service Type �$PS Cv � b J ,(Certified Mail ❑Expr�sstoYdlf ❑Registered Return Receipt for Merchandise ❑Insured Ma ��C it [I C.O.D. 1 r_1 Yes 2. Article I (Transh ) - - 95-02-M-1540 PS Form �(� ��� � f� ao0 � ARTICLE II. TREE PROTECTION* *Editor's note: Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II to read as herein set out. Prior to such amendment, Art. II consisted of§§ 23-16--23-27, which pertained to tree protection and derived from Ord. No. 95-89-44, § 1, adopted January 8, 1990. Sec. 23-15. Intent. It is the intent of these regulations to promote the health, safety and welfare of the current and future residents of the city by establishing minimum standards for the protection of trees within the city in order to: (1) Improve the aesthetic appearance of commercial, governmental, industrial, and residential areas through the protection of trees during development; (2) Improve environmental quality by recognizing the numerous beneficial effects of trees upon the environment; (3) Provide direct and important physical and psychological benefits to human beings through the preservation of trees to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development; (4) Promote innovative approaches to the design, installation and maintenance of trees, thereby encouraging water and energy conservation; (5) Increase and maintain the value of land by requiring a minimum number of trees to be incorporated into development; enhancement of city rights-of-way and easements with tree canopy; (6) Preserve existing natural trees and vegetation where possible; (7) Promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials; encourage xeriscaping and use of native species; (8) Establish procedures and standards for the administration and enforcement of this part; (9) Establish a tree fund for the collection of monies from mitigation to be used for planting of trees in areas throughout the city. (Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-07-92, § 1(a), 2-12-07) Editor's note: Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art. II by including provisions designated as § 23-1. For purposes of classification and in order to preserve numerical consistency, such provisions have been included herein as § 23-15 at the discretion of the editor. Sec. 23-16. Definitions. The following words and phrases, when used herein, shall have the meanings respectively ascribed to them: Buffer yard or strip means a strip of land, identified on a site plan or by zoning ordinance requirement, established to protect one type of land use from another land use that may be incompatible. The area is landscaped, maintained and kept in open space. Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six (6) inches above the ground for trees up to and including four (4) inches in caliper, and measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper. Clear cutting means the clearing of trees, including stumps, from fifty (50) percent or more of a lot, such that staff is unable to determine with reasonable certainty the number of protected trees removed. For subsection 23-17(g)(3)c. purposes, the area used for determination of fines shall be the total area of the lot that has been cleared and grubbed (trees, underbrush, roots, etc. removed). Construction means and includes erecting structures and buildings, placement of utilities, paving, topographical changes, and installation of drainage. DBH means the diameter breast height measured in inches at four and five-tenths (4.5) feet above ground level. DBH for multi-trunked trees shall be determined by measuring each trunk immediately above the fork and adding the total inches together. Designee means an appointed representative. Developer/builder/contractor means any person, firm or other legal entity that purchases, agrees to purchase or otherwise holds an interest in real property with the intent to, or in fact does, develop such property for any construction (by himself or others) thereon for which an application for a building permit will ultimately be required. Development, redevelopment, renovating means any construction for which an application for a building permit must be made prior to initiation of any improvement. Also, in the case of vehicular use paving, any preparation or pavement (concrete or asphalt) of a site intended for any type of vehicular use. Director means the city manager's appointee responsible for administering tree removal permits. Dominant species means the specie occurring most frequently. Dripline means an imaginary line extending perpendicularly down from the outermost branches of a tree. Excavation means the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. Hazardous means a danger by virtue of location and/or presence of defects. Mitigation means trees required to be planted on property to replace a percentage of the trees removed during construction, as defined in section 23-17(c), or, alternately, funds deposited in the tree replacement account. Municipal means of or belonging to the city or it's franchised agents. Open space means all areas of natural plant communities or areas replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns, and all other areas required to be provided as natural ground and landscaping. Park means all public parks owned by the city. Positional conflict means, by virtue of its location, the tree's dripline is encroached upon by site alterations. Preserve area means vegetative areas required to be preserved under the jurisdiction of the Florida Department of Environmental Regulation, St. Johns River Water Management District and/or the United States Army Corps of Engineers or other regulatory agencies. Property owner means the person owning the property as shown in the county tax roles. Protected tree means and includes all of the following: (1) Private protected tree:Any tree on private property with: a. A DBH of six (6) inches or more located on any lot within twenty (20) feet of a street right-of-way (including an approved private street or other access easement) and twenty (20) feet from the rear lot line or located within seven and one-half (7 1/2) feet of any side property line; or b. A tree with a DBH of twenty (20) inches or more located elsewhere on a residential lot and a tree with a DBH of ten (10) inches or more located elsewhere on a commercial or industrial lot. (2) Public protected tree: Any tree located on lands owned by the city, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the city, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the city, or other governmental agencies or authorities, including rights-of-way, parks, public areas and easements for drainage, sewer, water and other public utilities, with: a. A DBH of six (6) inches or more located within a city or other governmental right-of-way, or located on any parcel within twenty(20) feet of a street right-of-way or rear parcel line, or located on any parcel within seven and one-half (7 1/2) feet of any side property line; or b. A DBH of ten (10) inches or more located elsewhere on the parcel. (3) Exceptional specimen tree: Any tree which is determined by the city commission to be of unique and intrinsic value to the general public because of its size, age, historic association, or ecological value or any tree designated a Florida State Champion, United States Champion or World Champion by the American Forestry Association. The city clerk shall keep a record of all specimen trees so designated and their location. Protective barrier means a manmade barricade to prevent disturbance of the tree's growing environment. Public place means all grounds owned by the city. Razing means to scrape, cut or otherwise remove existing trees. Site alterations means any manmade change, disturbance or damage to the existing topography or trees. Street means the entire width of public right-of-way. Tree means any self-supporting woody plant of a species which normally grows to an overall height of a minimum of twelve (12) feet in this area. Tree removal means any act causing the death and/or elimination of a tree. Tree replacement account means an account created by the city to be used exclusively for finding public tree-planting projects, including up to ten (10) percent of the cost for general landscape material. Donations to this account shall be on a voluntary basis and may include monies donated per this section [i.e., definition of"mitigation"]. Understory means assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees. Unique or special characteristic means a tree of unusual species, configuration, size, age or historical background, including, but not limited to, a live oak, cypress or magnolia tree of thirty (30) inches or more in DBH. (Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-07-92, § 1(b), 2-12-07) Sec. 23-17. Applicability; removal of trees; minimum standards; permits; mitigation; development; enforcement; violations and penalties. (a) Applicability. The provisions of this section shall apply to all protected trees within the city, unless specifically exempted herein. (b) Removal of protected trees prohibited, exceptions. (1) No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall cut down, remove, damage or destroy, or shall authorize the cutting down, removal, damage, or destruction of, any protected tree, as defined in section 23-16 hereof, or shall commit any act or authorize the commission of any act which physically removes a protected tree or causes a tree to die, such as damage inflicted upon the root system by heavy machinery, chemicals or paving, changing the natural grade above the root system and tree damage permitting infection or pest infestation, without first having obtained a permit as herein provided. (2) The following protected trees are exempted from the provisions of this section: a. Any tree located on any property upon which either a single-family dwelling or a mobile home on an individual lot is located unless a permit for development, redevelopment, or renovation, valued at ten thousand dollars ($10,000.00) or more, is required, or anticipated within six (6) months following tree removal; b. Any tree located in botanical gardens or in state-approved or government nurseries and groves which are grown for sale or public purpose; C. Any tree, including any public protected tree, that poses imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authorization to remove such tree may be given by the director. During the period of an emergency such as a hurricane, flood or any other natural disaster, the requirements of this section may be temporarily waived by the director, so that private or public work to restore order in the city will in no way be hampered. (c) Minimum tree standards. (1) Minimum tree standards shall apply to all lots affected by permitted development, redevelopment, or renovation valued at ten thousand dollars ($10,000.00) or more. (2) Unless otherwise provided in this section, a minimum number of trees shall be planted or preserved upon each site pursuant to the following standards, which are the minimum requirements for landscaping within the city. Trees shall not be placed where they interfere with site drainage or where they will require frequent pruning in order to avoid interference with overhead power lines. a. Minimum tree-planting requirements for all residentially zoned property upon which either a single-family dwelling or a mobile home on an individual lot is located or to be located: One (1) four-inch caliper tree shall be planted and/or preserved for every twenty-five hundred (2,500) square feet of lot area, or portion thereof, excluding therefrom preserve areas and water bodies. Preserving protected trees will offset this requirement. b. Minimum tree-planting requirements for all nonresidential zoned property upon which either a single-family dwelling or a mobile home on an individual lot is located: 1. One (1) tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies in all commercial districts, except as otherwise provided herein. 2. One (1) tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies in any industrial district or public (government) use district. (d) Permit procedures and criteria for tree removal, relocation and replacement of protected trees. (1) Permits for site clearing and the removal or relocation of a protected tree, including any public protected tree in a right-of-way or easement by a property owner, shall be obtained by filing an application. Approval of the application by the tree conservation board and issuance of a permit by the director shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Application for site clearing and tree removal or relocation shall include the following: a. A site plan, at a scale which clearly illustrates the requirements of this section, including the following: 1. The lot configuration; 2. The location and identification of existing and proposed improvements, if any, including structures, water retention areas, paving, grade changes, utilities, easements, and street rights-of-way or approved private streets; 3. The location and identity, by botanical or common name and DBH, of protected trees to be removed, relocated, or retained; 4. The location of preserve areas; 5. The location of ingress/egress corridors and staging areas; 6. The location of all temporary protective barriers; 7. The location of all trees to be used for mitigation credit. b. A statement explaining why the protected tree is proposed to be removed or relocated. (2) An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in subsection (b)(1) above and a decision shall be made thereon within fifteen (15) working days after receipt of such application or by agreement by both parties to a time frame. Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from any public easement, public property or right-of-way shall obtain a permit from the board as discussed in (1) above. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit. The city and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of-way. (e) Mitigation criteria and procedures. (1) Any relocation of trees in compliance with this section shall be performed in accordance with accepted industry practices, including watering to insure survival of transplanted stock. Transplanted trees must be guaranteed for at least one (1) year. (2) Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new-planted trees, unprotected trees or transplanted trees. In general, protected oaks removed shall be replaced only with oaks. With tree board concurrence, hardwood trees yielding a similar canopy may be used. The total caliper inches of replacement trees shall equal one-half ( 1/2) the total caliper inches of protected trees removed, unless otherwise approved by the tree conservation board. If multi-trunked trees are used as replacement trees, then the total caliper of the four (4) largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacement will be required for protected trees which are determined by the city to be dead or deteriorated as a result of age, insects, disease, fire, lightning or other acts of nature. a. New replacement trees shall be a minimum of Florida Number One defined in the most current edition of the Grades and Standards for Nursery Plants, Parts I and II, published by the Florida Department of Agriculture and Consumer Services. Trees shall be a species having an average nature crown spread of no less than thirty (30) feet in Northeast Florida. Trees shall have a minimum two-inch caliper and a minimum of ten (10) feet in overall height. b. Existing trees, three-inch caliper or greater, which are not protected trees or transplanted, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in this subsection. C. New, preserved nonprotected, or transplanted oaks used as replacement for removed protected oaks shall be four-inch caliper or greater. d. Existing protected trees which would otherwise be removed from the site because of development may be utilized to satisfy tree replacement requirements if transplanted to a location on the site which meets the requirements of this subsection. e. If protected tree removal is associated with new development, the name, size and location of all replacement trees shall be shown on the required landscape plan and such 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 limit stated on the site clearing or tree removal permit. f. Existing nonprotected trees, transplanted trees and new trees used for replacement become protected trees. g. Replacement trees shall be maintained by watering and guaranteeing the tree for one (1) year. Failure to maintain the trees shall be deemed a violation of the zoning code. h. A tree used for replacement shall be at least ten (10) feet from any other tree planted, transplanted or preserved. i. If the applicant demonstrates to the satisfaction of the director that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall provide a monetary contribution to the tree replacement account. The amount of such contribution shall be determined as follows: For every two (2) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two-inch caliper nursery-grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a container grown, and a balled and burlapped two-inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October 1. (3) Tree replacement fund monies may be expended by the city for funding public tree planting projects. Eligible tree planting projects may include projects on private property but only on properties where the city commission has determined that there is a substantial deficiency in tree canopy. Disbursement of tree replacement funds for private property projects may not collectively exceed two thousand dollars ($2,000.00) annually. Up to ten (10) percent of each approved project budget may be used for associated soil preparation materials and mulch. (f) Tree protection during development. All protected trees, preserved understory vegetation, and trees retained for tree credit, pursuant to subsection (e), shall be protected from injury during any land clearing or construction in the following manner: (1) Prior to any land-clearing operations, tree limbs which interfere with construction shall be removed and temporary barriers shall be installed around all trees and other understory vegetation to remain within the limits of land clearing or construction and shall remain until the completion of the work. The temporary barrier shall be at least three (3) feet high, shall be placed at least six (6) feet away from the base of any tree, shall include at least fifty (50) percent of the area under the dripline of any protected tree or trees retained for tree credit pursuant to subsection (e), and the barrier shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart, with a two-by-four minimum top rail, or a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. Tree protection shall comply with the guidelines in the Tree Protection Guide for Builders and Developers by the Florida Division of Forestry and any other reasonable requirements deemed appropriate by the director to implement this part. (2) No materials, trailers, equipment or chemicals shall be stored, operated, dumped, buried or burned within the protected areas. No attachment, wires (other than protective guy wires), signs or permits shall be attached to a protected tree. When removing branches from protected trees to clear for construction or pruning to restore the natural shape of the entire tree, the guidelines in the National Arborist Association Pruning Standards for Shade Trees and the American National Standards for Tree Care Operations (ANSI #Z133.1) shall be followed. Protected trees shall be pruned to remove dead or damaged limbs and to restore this natural shape, and fertilized as necessary to compensate for any loss of roots and to stimulate root growth. Any damage to tree crowns or root systems shall be repaired immediately after damage occurs. (g) Enforcement; violations and penalties; stopping work, correction of violation; assessment and recovery of civil penalties. (1) Notice of violations. Whenever the director has evidence that a violation of any provision of this subpart [section] has been or is being committed, he shall issue a written notice or order upon the violator by personal service, certified mail, or by posting a copy in a conspicuous place on the premises where the violation has occurred or is occurring. The notice shall briefly set forth the general nature of the violation and specify the manner and a time within which the violation shall be corrected. (2) Stopping work. Failure to correct violations within the time period set forth in the notice of violation shall constitute grounds for the issuance of a stop work order. All work on the site shall be suspended until the violations have been corrected. (3) Correction of violation. A violation of this article shall be corrected as follows: a. By paying the permit fee due the city for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application which would have been due had the permit been obtained prior to commencing work, and by replacing the protected trees removed without a permit with new planted trees, unprotected trees or transplanted trees. The total caliper inches of the replacement trees shall equal the total caliper inches of the protected trees removed. A tree replanting plan showing how the damage caused to the site by the violation will be mitigated shall be subject to the review and approval of the tree conservation board and the trees installed within the time limit stated on the permit. Replacement trees shall meet the requirements of subsection (e), except that the minimum caliper of the replacement tree shall be four (4) inches, and the plan shall meet the requirements of subsection (d) to the extent applicable; or b. By paying the permit fee due the city for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application, which would have been due had the permit been obtained prior to commencing work, and by making a contribution to the tree replacement fund to compensate for each replacement tree which is not planted. The amount of such contribution shall be determined pursuant to the formula described in subsection (e)(2)i.; C. If the site has been cleared and the trees have been removed from the site so that the director is unable to determine with reasonable certainty the number of protected trees removed in violation of this subpart [section], the violation shall be corrected by paying a civil fine of up to five dollars ($5.00) per square foot of land cleared, which fine shall be assessed by the code enforcement board. The contributions and fines assessed under this subsection shall be payable to the city immediately within seven (7) days after assessment. All amounts received by the city pursuant to this subsection shall be deposited in the tree replacement account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/or fine has been collected. d. After a notice of violation has been issued by the city inspector, an additional reinspection fee of fifty dollars ($50.00) shall be paid to the city before any work may begin again. (4) Appeals. A person aggrieved by an administrative order, determination or decision of the director may appeal the order, determination or decision to the city commission. (5) Violation and penalties. A person who violates any provision of this section, and fails to correct the violation as provided herein, shall, upon conviction thereof, be guilty of a violation of this article and punished accordingly. A separate offense shall be deemed to have been committed for each tree removed, damaged, or destroyed contrary to the provisions of this article. (6) Judicial remedy. In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the city may seek injunctive relief in the circuit court to enforce the provisions of this section. The city shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs in an action where the city is successful in obtaining affirmative relief. (Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-00-73, § 1, 3-27-00; Ord. No. 95-07-92, §§ 1(c), 2, 2-12-07) Sec. 23-18. Reserved. Sec. 23-19. Tree conservation board. (a) There is hereby created an administrative body to be known as the tree conservation board composed of five (5) citizens of the city. Each member shall be appointed and approved by the city commission. An ex officio member shall be an individual trained in arboriculture, landscape architecture, forestry or some other closely related field. (b) All members of the board will serve without pay. Following the expiration of the terms of office of current board members the term of office shall be for two (2) years and members may serve a maximum of four (4) consecutive terms. Vacancies caused by death, resignation, or otherwise shall be filled immediately for the unexpired term in the same manner as the original appointments are made. (c) Upon appointment and approval to the board, the members shall meet and organize by the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of regular and special meetings as the board shall deem advisable and necessary in order to carry out its responsibilities. (d) It is the intent that at least two (2) members of the board, if possible, be engaged in a business in the city. (e) The board shall: (1) Review applications for site clearing and removal and relocation of protected trees, and render a decision on applications within fifteen (15) calendar days of receipt of such application and prior to issuance of a permit by the director, as called for in this article. (2) Require mitigation of protected trees, as called for in this article. (3) Bring to the attention of the director any violations of this article and recommend appropriate action toward enforcement and correction, as provided in this article. (4) Review and make recommendations to the director on requests for modifications of the standards of this article. (f) The board shall hold public meetings twice monthly, or at other times established by the board, to review applications and to discuss issues and projects relevant to its responsibilities. (g) The board shall review, approve or deny requests for tree removal as called for in section 23-17 and may require mitigation of trees removed. In determining mitigation requirements, the board shall consider the following: (1) The existing tree canopy of the lot. (2) The tree canopy of the adjoining lots. (3) The topography of the lot. (4) The efforts of the applicant to minimize the loss of trees, through the size and design of the structure. (5) The cumulative effects of the tree loss. (6) Tree removals will be consistent with the intent of this article and will not be detrimental to the public welfare. (h) The board shall authorize or deny review, approve or deny requests for exceptions as called for in section 23-25. The board shall disseminate news and information to the public regarding the protection, maintenance, removal and planting of trees. The board shall prepare a list of trees suitable for planting street rights-of-way, parks, and other public places and certain private property as may be needed. (Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 5-03-42, § 3, 7-14-03) Sec. 23-20. Removal of members. Any member of the tree conservation board may be removed for cause by the city commission upon written charges and after public hearing. Any member who fails to attend (3) consecutive meetings without cause shall have his office declared vacant unless the member's absence is excused by a majority of the board members, and the city commission shall promptly fill such vacancy. (Ord. No. 5-03-42, § 3, 7-14-03) Sec. 23-21. Reserved. Sec. 23-22. Inspections. The city shall have the authority to perform inspections of the subject property during development for the purpose of ensuring compliance with this article. The applicant must pass inspections before further work is performed on the project. (Ord. No. 95-95-64, § 1, 2-12-96) Secs. 23-23, 23-24. Reserved. Sec. 23-25. Exceptions. Requests for modification of the standards of this article shall be made to the tree conservation board. Upon receipt of such a request, the board shall thoroughly consider its merit and render a decision within thirty (30) days. The request shall clearly and in detail state what modification or exception is being sought and the reasons such a request is warranted. The board may grant, modify or deny the request based on protection of the public's interest, preservation of the intent of this article, or possible unreasonable or unnecessary hardship involved in the case. (Ord. No. 95-95-64, § 1, 2-12-96) Secs. 23-26--23-35. Reserved. October 16, 2013 CODE ENFORCEMENT MEMO TO FINANCE CASE NUMBER: 13-00000778 VIOLATION ADDRESS: 51 PINE ST 1 & 2 RE# 170681-0000 NAME: PUOPOLO JOSEPH M & PAULA C MAILING ADDRESS: P O BOX 331087 ATLANTIC BEACH, FL 32233 START DATE: 11-10-2008 STOP DATE: 11-10-2008 Set Fine DAILY ACCURAL AMOUNT: N/A TOTAL AMOUNT DUE: $4446.00 plus $10.00 fine If you have any questions please call Deborah White at ext 5855 Old Tree Mitigation Fine - 14 �aa—= I-V53. A U'p U M U L 1-HIR,C!L E R V Prepared by, and Record and Return to: ^U1 TY Donna L. Bartle �E!,CIR D 1�4G.$10 C 0 City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owners, Joseph M. and Paula C. Puopolo, pertaining to property described as 51 Pine Street, A/K/A 10-8 21-2S- 29E Saltair Section 1 Lot 800, RE# 170681-0000, and F/K/A 590 Sturdivant Avenue, for violation of a mitigation order issued under the authority of and according to the provisions of Chapter 23, Section 23-17(e)(2) of the Code of Ordinances of the City of Atlantic Beach, Florida, and finding that Joseph M. and Paula C. Puopolo, owners of the property, have failed to accomplish this mitigation obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Joseph M. and Paula C.Puopolo. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of ten(10)percent per annum until paid. This Claim of Lien is to secure payment for the mitigation assessment in the following amount: Mitigation: $ 4,446.00 Executed this -'A day of Alovem�ep— 2008. CITY OF ATLANTIC BEACH Witness By*_ <=v�— awes .Hanson,City Manager S E OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed tome this /0' day of Algve-rnhe-f 2008 by James R.Hanson who is personally known to me and who did not take an oath. DOININZiARTLE MY COMMISSION#DD 796097 EXPIRES:March 30,2009 Notary Public, State of Florida at large o Bondj.,,hru Notary PLbk Undermflars My Commission expires: Mdt-04 901 �10C Ff VZ7 �U O. Y h i 40y -='a'y'e 1 4. `fu^,Uer Pages ' Recorded +I, '2?J08 a' ` . 5�6 AM Prepared by, and Record and Return to: ti,, `L`" - y v n'J VTY Donna L. Bartle R E C 0 R ED I r IG Slo City Clerk's Office 800 Seminole Road Atlantic Beach, FL 32233 CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owners, Joseph M. and Paula C. Puopolo, pertaining to property described as 51 Pine Street, A/K/A 10-8 21-25- 29E Saltair Section 1 Lot 800, RE# 170681-0000, and F/K/A 590 Sturdivant Avenue, for violation of a mitigation order issued under the authority of and according to the provisions of Chapter 23, Section 23-17(e)(2) of the Code of Ordinances of the City of Atlantic Beach, Florida, and finding that Joseph M. and Paula C. Puopolo, owners of the property, have failed to accomplish this mitigation obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Joseph M. and Paula C.Puopolo. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of ten(10)percent per annum until paid. This Claim of Lien is to secure payment for the mitigation assessment in the following amount: Mitigation: $4,446.00 Executed this/01'6day of 1,16 yen? op— CITY OF ATLANTIC BEACH Witness By: ames . Hanson, City Manager S E OF FLORIDA COUNTY OF DUVAL Sworn to and subscribed tome this X04h day of Nfl ve-M h e-f 12008 by James R. Hanson who is personally known to me and who did not take an oath. (DONNA L BARTLE ..�� N. MY COMMISSION N DD 796097 •, EXPIRES:March 30,zoos Notary Public, State of Florida at large hru Notary Public Undenvrilers My Commission expires: Marc4t 301 ZDD 9 1'41t1 7,,9/.41 0/ 4 e G't ffreraf fir 7'fd a=V&7, CALL TOORDER At 7:00 PM by Chair Shaughnessy BOARD MEMBERS PRESENT Stephanie Catania,Jim McCue, Brea Paul, Maureen Shaughnessy, and Carole Varney BQARD MEMBERS ABSENT none MEETING FACILITATOR Erika Hall, Staff Planner/TPO Administrator RECORDING SECRETARY (vacant) VISITORS&GUESTS None APPROVAL OF MINUTES November 14th, 2007 Regular Meeting MOTIONISECOND Jim McCue / Stephanie Catania DISCUSSION None VOTE Unanimous NEW BUSINESS TREE REMOVAL PERMITS PROPERTY 590 Sturdivant Avenue(Rex Williams, Signature Homes for Puopolo) Ms. Shaughnessy opened the item to discussion by Board Members. Jim McCue asked Ms. Hall how could this parking work, and where was the stormwater retention and stated that the parking lot was not consistent with code. Brea Paul c replied that the stormwater retention was along the eastern property line, where 0 the 30" Pine was proposed for removal. Ms. Hall replied that the applicant had a l Yl variance for parking. She also stated that the "site plan" was currently in Development Review, that Community Development (Planning & Zoning) reviewed the plan for consistency with the Comprehensive Plan and Land Development �- Regulations, that Pubic Works reviewed the plan for stormwater retention, and DISCUSSION that all departments were in communication in regards to the various issues involved with this project. Mr. McCue reiterated his concerns regarding the onsite parking and stormwater provisions. Ms. Paul stated that she felt the respective r C� departments would ensure compliance with code, and resolve any issues during their review of the project. (Rex Williams of Signature Homes arrived at approximately 7:15pm to represent the application). Mr. Williams confirmed that he was working with the review departments to ensure compliance. Additionally, he stated that the property owner is committed to meeting all the mitigation requirements, and he asked if there were locations within the City that mitigation trees could be planted, should they not be fully accommodated on the lot? Ms. Hall replied that Rick Carper, Director of Public Works, is develovinq a plan for 7vfinufa o f fie f anual y 2oo8 u(ar VeeH 9 of f4Ie Tree Consemafion$aaW I i such areas. Stephanie Catania noted that proposed replacement Oak trees are potentially located under power lines, and suggested that the applicant consider another hardwood species with similar canopy but lesser height. Mr. Williams asked if something like a Japanese Plum would be acceptable, and Board Members concurred that it would. Stephanie Catania / Jim McCue: A motion was made to direct staff to issue a tree removal permit for the removal of the following protected trees from the exterior zone: 1-18"Oak, 1-12" Palm, 1-24"Pine and 1-30" Pine, for a total of 84". i MOTION/SECOND Mitigation is to be accomplished by the planting of 42" of hardwoods on site, with no trees planted under power lines. If the site will not accommodate all required mitigation, all or part shall be accomplished by payment into the Tree Fund, at the current rate of$117.00 per inch. VOTE Unanimous ACTION ITEMS PERSON RESPONSIBLE DEADLINE Issue tree removal permit to applicant, per direction of Erika Hall 01/10/2008 board's motion. i i REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL { MITIGATION Scheidel Court(HOA) Ms. Hall reported that some of the trees planted for mitigation at the Scheidel Court multi-family housing community had died last fall. As a result, Public Works Director Rick Carper had had one of the field techs notify the Scheidel Court Homeowners' Association that those trees would have to be replaced. Ms. Hall said that on November 21, 2007, she received a call from Laurie Leker who manages the Scheidel DISCUSSION Court HOA, stating that they had been in communication with a landscaping contractor who advised that the new replacement trees not be planted until January or February, which is typically the best tree-planting time for this area. Ms. Hail said that she composed a letter as follow-up that phone conversation with Ms. Leker, to document the HOA's intention to replace the trees. A copy of that letter was provided to Tree Board Members. Ms. Hall said that she & Public Works would continue to monitor the Scheidel Court trees. ACTION ITEMS PERSON RESPONSIBLE DEADLINE Continue to monitor mitigation at Scheidel Court. Erika Hall N/A REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL MITIGATION 455-461 Atlantic Boulevard (Lewis) Ms. Hall reported that Mr. Lewis' attorney had drafted "Notice and Agreement of Mitigation satisfactory to City Attorney Alan Jensen, and accepted by City Manager DISCUSSION Jim Hanson. A copy of the agreement was provided to Tree Board Members. Ms. Hall explained that this agreement essentially constituted a lien, and guaranteed payment of the mitigation due. ACTION ITEMS PERSON RESPONSIBLE DEADLINE Continue to monitor mitigation at 455-461 Atlantic Blvd Erika Hall N/A If i1 Minufar of file`9finuaa y, 2!1!t& '_r ular Meehnyr of Me Tree Comem-of on 9WrW f REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL t EVENT Community Clinic&Adopt-a-Tree Program Ms. Hall reminded Tree Board Members that a community event had been scheduled for the upcoming Saturday, for the purposes of commemorating Florida Arbor Day, promoting the City's Adopt-a-Tree, and making available a Certified Arborist for ! resident questions. The format is to be open discussion / question & answer with Early Piety (C.A.) who has graciously volunteered his time, and City staff from Public j Works (Rick Carper & Alex Hawkins) and Community Development (Erika Hall). ! Additionally, Public Works / Beautification Division will be providing at least two trees 1 to plant on location, at Donner Park. Mr. McCue & Ms. Shaughnessy expressed concern over the fact that the event had not been sufficiently advertised. Ms. Hall stated that notices were posted at City Hall & the community centers, that the event DISCUSSION " had been posted on the City website calendar, and under "Special Events". Additionally, flyers had been provided to the City Clerk (via email) to distribute to Commissioners and Board Members, and to Timmy Johnson, Director of Parks & Recreation for distribution. Finally, Ms. Hall noted that reporters were made aware of the event, and that she had spoken with reporter Alexandra Kummernes and given her details of the event. However, Ms. Hall reminded Board Members that she had coordinated the entire event, in addition to her other duties as Tree Board Administrator, Staff Planner and GIS Coordinator, and that she had neither the time nor the money to do advertising. Ms. Shaughnessy replied that the next time, Board Members would take initiative to get the word out. ACTION ITEMS PERSON RESPONSIBLE DEADLINE Attend and participate in Florida Arbor Day&Adopt-a- (All) 01/12/2008 Tree Community Clinic REPORTS&ANNOUNCEMENTS INFORMATION PROVIDED BY MS.HALL ADMIN Tree Mitigation Fund Ms. Hall presented Board Members with a report detailing transactions within the Tree Fund accounts, 01-01-2000 thru 11-19-2007, in response to a request made by Mr. McCue at the November 14'h regular meeting. Ms. Hall noted that there are numerous accounts under the broader Tree Fund, and it appears that money moves in and out of the accounts, based upon where the money comes from and what it is being spent upon. However, Ms. Hall reminded the Board that she is not an accountant and that neither her position nor the Tree Board has purview over Tree Funds. Mr. McCue replied (and other Board Members concurred) that even so, there should be some sort of accountability for these funds that the general public thinks are paying for the planting of trees only. Mr. McCue pointed out, for example, DISCUSSION numerous payments in the thousands of dollars, for "contractual services" from Boatwright Land Surveyors, Davey Tree Experts, and others. Ms. Hall replied that the city has contracts with various companies for various aspects of maintenance, such as maintaining the public palms in the medians of Atlantic and Town Center. Also, she suggested that the surveyors were probably used for the tree surveys for projects such as the park creations/improvements and stormwater & utility projects. Mr. McCue argued that those expenses should have been included in the "engineering" budget of those projects and not have come from the Tree Fund. Mr. McCue suggested that perhaps a letter should be written to the Commissioners regarding the expenditure of Tree Funds. Ms. Hall reiterated that the current wording of the ordinance is very brief and general in its description of what Tree Funds can be spent Pays 3 OA unufes©I Me 9anuerr a f flu Tree ro)wr*&,n$Harm 1 on, and that it would be up to the Commission to revises the ordinance to reflect very specific costs and expenses upon which Tree Funds may be spent. She noted that revisions to the Tree Protection Ordinance would once again be on the agenda for Strategic Planning, scheduled for the last week of February. Ms. Hall again reminded the Board that no funds are allocated for administration of the Tree Conservation Program, and stated that she is drafting recommendations for the establishment of a flat review fee that would cover administrative expenses of the program, as well as j for the incorporation of an official "arbor plan review" into the development review process for all projects. Mr. McCue asked if Ms. Hall could provide more specific details as to some of the expenditures. Ms. Shaughnessy added that she was j particularly interested in the larger amounts, during the past couple of years. Ms. }, Hall said that she would see if there was any additional information available and easily accessible, but again, reminded the Board that she did not typically"dabble" in Finance records because she had neither the inclination nor the time, nor was it her job to do so. ACTION ITEMS PERSON RESPONSIBLE DEADLINE Review POs within the last 2 years, valued at $2,000.00 Erika Hall 01/23/08 or greater to determine what sort of materials and services are being paid for with Tree Fund monies. AD30URNMMT At 8:25 PM by Chair Shaughnessy NOTION/SECOND Jim McCue / Stephanie Catania SIGNED:MAIWEEN SHAUSIMESSY,CHAT RSON ATE 23 200 ATTEST: ERIKA HALL,STAFF PLANNER/TREE CONSERVATION ADMINISTRATOR 1� PT4a14 CITY OF ATLANTIC BEACH s f 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5826 INSPECTION EMAIL REQUEST: Building-deptacoab.us Application Number . . . . . 07-00001712 Date 1/10/08 Property Address . . . . . . 590 STURDIVANT AVE Application type description TREE PERMIT Ar Property Zoning . . . . . . . COMMERCIAL, GENERAL �dVCs.s C� Application valuation . . . . 0 '+0 cJ� �1ne� ee� ------- ---------------------------------- ---- ---- ----- -- -- -------------- ---- Application desc cr"kd TREE REMOVAL FOR NEW COMMERCIAL DEVELOPMENTDrill'- OU��ev; - - - - -- - - - ----- Owner Contractor sU:ickrj pe#) - ------------------------ ----------------------- PUOPOLO, JOSEPH & PAULA OWNER 2446 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 ATLANTIC BEACH FL 32233 ---------- ---------------------------- ---------------- - --------------------- Permit . . . . . . TREE PERMIT Additional desc . . REV/APPR BY TREE BOARD Permit Fee . . . . . 00 Plan Check Fee . 00 Issue Date . . . . 1/10/08 Valuation . . . . 0 Expiration Date . . 7/08/08 ------------------------------------ -- --- ----- --- ------------------ --------- Fee summary Charged Paid Credited Due ----------------- -------- -- ---------- - ---- ----- ---------- Permit Fee Total . 00 . 00 . 00 . 00 Plan Check Total . 00 . 00 . 00 . 00 Grand Total . 00 . 00 . 00 . 00 a( 0 vog) � PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. BIUILDING AND PLANNING J 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 r. r) TELEPHONE:(904)247-5800 J ;r FAX:(904)247-5845 http://ci.atiantic-beach.fl.us F t I October 7, 2008 Mr. Joseph M. & Mrs, Paula C. Puopolo PO Box 331087 Atlantic Beach, FL 32233-1087 RE: Tree Mitigation(TREE 07-00001712) 10-8 21-2S-29E Saltair Section 1, Lot 800 a/k/a 51 Pine Street ( f/k/a 590 Sturdivant Avenue) Dear Mr & Mrs. Puopolo: i am writing to inform you that the mitigation assessed for tree removals from the above-reference property is now due. Upon review of you application at the January 9, 2008 regular meeting, the Tree Conservation Board granted approval for removal of 1-18" Oak, 1-12" Palm, 1-24" Pine and 1-30" Pine. Additionally, the Board assessed mitigation of 42" hardwoods per the provisions of the Municipal Code [Section 23- 17(e)(2)], to be demonstrated on the required landscape plan and installed prior to issuance of the Certificate of Occupancy. A copy of the official minutes of that meeting is attached, as is a copy of the subsequent permit(TREE 07-00001712)which was issued the following day, January 10, 2008. On September 9, 2008, the Building Department issued the Certificate of Occupancy without final review and approval of tree mitigation. On September 24, 2008, 1 emailed Mr. Rex Williams, who had represented the project at the January 9t' Tree Board meeting to inform him that the trees planted were insufficient and did not meet the minimum standards of Section 23-17(e)(2). Particularly, replacement oaks must be minimum 4" diameter.. and of the two oaks planted, only one meets this standard. Additionally, palms are not hardwoods, and therefore do not count towards the required 42" mitigation. I asked Mr. Williams to please confirm the number.. species and sizes of trees actually planted so that I could determine the outstanding mitigation. However, he has yet to reply. As of today.. it is my determination that 4" of the original 42" mitigation assessment has been met, leaving a balance of 38" due. Considering the constraints of the property as previously discussed with Mr. Williams, it does not appear that it will be possible to plant 38" of hardwoods in such a manner that the trees will remain viable. Thus, as explained to Mr. Williams in January, payment in lieu of mitigation at the rate of $117.00 per inch should be made to the City of Atlantic Beach Tree Conservation Trust Fund. The remaining balance of$4,446.00 is due by 12:00pm on November 7, 2008, unless a payment plan is arranged with the Finance Department. If neither full payment has TREE 07-00001712151 Pine Street mitigation October 7,2008 Page 2 of 2 been received nor a payment plan arranged by 5:00pm November 7, 2008, a lien will be placed on the subject property. Please feel free to contact me at ehall @coab.us or(904) 270-1605 if you need additional information or assistance. Sincerely, Erika Hall Principal Planner, Staff Liaison to the Tree Conservation Board cc: Sonya Doerr, Community Development Director Tree Conservation Board encl Postal CERTIFIED MAIL,,, RECEIPT p (Domestic MaH • No Insurance Coverage Provided) ru rt For delivery information visit our website at WWW.usps.come CO rt.l Q" Postage $ ri fl_I Certified Fee M Return Receipt Fee Postmark C3 (Endorsement Required) Here Restricted Delivery Fee E3 (Endorsement Required) Ln `p�^ 05 ru Total Postage&Fees ` CD sent To �� M1� �ON l 0 ------------------------------------ --------------------- ---- - p Street,Apt.N. 9Q 33 o C` --PO Box No. � City,State,ZIP+4 'PS Form 3800,August ATI.A n !.k 32233- to � ,. See Reverse for Instructions ON ON D COMPLETE COMPLETE • re un ■ Complete items 1,2,and 3.Also complete A. Signatu OA t X� item 4 if Restricted Delivery is desired. ddressee ■ Print your name and address on the reverse C. Date f Delivery so that we can return the card to you. B. Received b Panted Na 'V j a D ■ Attach this card to the back of the mailpiece, j p Yes or on the front if space permits. D. Is delivery address differ ro y -�1\ o No 1. Article Addressed to: If YES,enter delivery 1 e , �Q .�OSEPIa M. S MS.VAUL-A C r� � 2Ups N PuO Q0�.0 /Z 3. Service Type Vo QbX ✓�`O-J 1 Certified Mail 0 ExPr 'S-Fv121r � �j ❑Registered J<Return Receipt for Merchandise kN� Aq(� � r��+C ►-/"�A N IPL—/�(� ❑ Insured Mail ❑C.O.D. Yes 2. Article I (TransfE 5-02-M-1540 PS Form -- - -- - _