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20180411 Environmental Stewardship Committee LEED for Cities Communication April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 1 of 7 MINUTES OF CITY OF ATLANTIC BEACH ENVIRONMENTAL STEWARDSHIP COMMITTEE MEETING APRIL 11, 2018 ------------------------------------------------------------------------------------------------------------------------------ ENVIRONMENTAL STEWARDSHIP COMMITTEE MEMBERS PRESENT: Judith Leroux, Chair Dawn Scott, Secretary Bruce Andrews Sarah Boren Sarah Dark Bonnie Hanson Steve Kallao STAFF: Shane Corbin, Director of Planning and Community Development Brian Broedell, Planner Jennifer Johnston, Building Department OTHERS: Brittany Norris, City Commissioner 1. Call to order. The meeting was called to order at 6:01 p.m. in the Commission Chambers by J. Leroux. 2. Approval of minutes. The minutes from the previous meeting on March 14, 2018 were approved unanimously. 3. Courtesy of the floor. Suzanne Shaughnessy addressed the Committee and stated she is a huge fan of the Committee, and served as Mayor of the City of Atlantic Beach in the 1990s. S. Shaughnessy stated that her hometown of Deerfield, Illinois, recently voted to ban assault weapons, and anyone who has not turned in or secured their weapon by June 13th would have to pay a fine of $300.00, and the fine would increase to $1000.00 and go up from there. She said the fine is a significant deterrent, and a significant deterrent is what is missing from the City’s tree ordinance. She stated that currently the mitigation required by the ordinance is affordable by the homeowner and developer, and those who remove trees without permits. She said that without fines that say we are serious about what we want, it will continue, and it needs to be determined who will be fined, either the homeowner or tree cutters. She stated the tree cutters, not owners, should be fined, and if the tree cutters are not fined, you will not have enough buy in from the community for the tree ordinance. She said if the tree removal companies fail to pull a permit, the fine ought to be $5,000 or whatever the Committee thinks. She said the Committee should send a registered letter to all tree removal companies within a 50-mile radius of Duval County informing them of the policy, and if they fail to pull a permit, April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 2 of 7 they should pay a $5,000 fine. She stated that if the company failed to pay the fine, the City should put a lien on the business, and if the lien is still not paid, the lien should be executed by the City. She said predicted this should only have to happen once or twice; also citizens might be willing to assist the City staff and Committee with duties for tree removal. She said that citizens could review and verify surveys, and be on site for inspections. She stated that the former tree committee was disbanded for going on private property and negotiating directly with owners inappropriately. She said the Committee could establish a stable of volunteers to assist, and she is willing to be the first member, and can get 10 more members. She stated she saw a post on Facebook regarding builders needing construction easements to get equipment from front to rear yards, and she suggests only granting easement for one side of the property. She also said that demo permits are an invitation for lots to be clear cut, and that citizen committees had to submit monthly report to commission, like meeting minutes, and the Commission would accept the report and would become part of the Commission addendum, and would give citizens information on what Committees are doing. Steve Foraker addressed the Committee and said he agreed with most of what S. Shaughnessy said but disagrees with why former tree committee was disbanded. He said he was disappointed with presentation previously at the Commission meeting, and that piecemeal changes to ordinance would be just fine and is surprised the Committee is not further along. He stated that just mitigation for tree removal without permits is not enough and the Committee needs to get down to protecting trees quickly because we are losing our canopy. He said that increasing fines or whatever Committee can do to stop illegal cutting of trees needs to be done. Carolyn Etlingler addressed the Committee and stated she is a single-tree issue person. She said that the improper pruning of palm trees over time can damage the trees, and brought link from University of Florida describing the proper pruning of trees. She stated she hopes the Committee can address the issue and make the City of Atlantic Beach an example. S. Shaughnessy stated that builders build here because people want to live here because of the City’s tree canopy and those who cut down trees are killing the goose who laid the golden egg and wouldn’t feel bad for having fines against those who cut trees. B. Andrews stated there is not time at this meeting, but during Subcommittee meetings, there would be opportunities to get input from citizens. 4. Selva Preserve/Johnston Island. B. Andrews spoke with Kevin Hogencamp regarding these topics, and the Environmental Stewardship Committee has not been asked to get involved, and moved to remove the items from the agenda until further notice. S. Dark seconded the motion. There was no opposition, and the motion passed. 5. Staff Report to the Environmental Stewardship Committee. S. Corbin stated that the process of reporting on tree removal permits can be changed, and feedback will be considered. S. Corbin discussed the tree removal permit process for owners, builders and explained the “Do I Need A Tree Removal Permit” document, and explained April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 3 of 7 general provisions of mitigation. He stated that for private property, the mitigation is one inch for every two inches, and for public property, the mitigation is one inch for one inch. S. Corbin discussed tree removal permit statistics since May 2017. He stated there is a 103% replacement rate, replacing more trees, and the tree canopy is being replaced with wide age range of trees. He said that trees removed are being replaced with more trees, but width and size are smaller, and the hope is those trees will grow larger. B. Andrews stated that could be because permittees were having to provide double mitigation. B. Broedell stated that could be the reason. S. Corbin discussed legacy trees, and there is a 1-to-5 replacement rate of legacy trees, since people are taking advantage of double mitigation credit when replanting, and less desirable species are being replaced with more desirable species. He also discussed how confusing the permit application can be, commercial construction information was removed from application due to low number of commercial construction permit applications in the City. The new permit application has an example of what information is needed, cutting down on multiple submissions. He also discussed the Environmental Stewardship Committee members going on site visits with staff and evaluating permits. B. Broedell stated Chip Drysdale has gone on one site visit. S. Corbin said that Code Enforcement staff is also comparing permits to sites and citing businesses who have non-compliant landscaping. He said his goal is by the end of the year to have every commercial property landscape plan checked. S. Dark asked who would perform inspections and are they trained. S. Corbin stated staff would compare site plans. S. Kallao asked if a building permit is different from a tree removal application. S. Corbin confirmed the applications are separate, and that the applicant either signs an affidavit of no tree removal along with a building permit or a tree removal permit. S. Kallao asked if an applicant is removing a tree to construct a foundation, would require mitigation. B. Broedell stated that permit history can trigger mitigation, if there was construction in the past 2 years with a construction value over $10,000, or planned future construction in the next 2 years with a value over $10,000. B. Andrews stated that it does not matter if the tree to be removed is in buildable footprint, the tree must be mitigated. B. Broedell stated that mitigation trees do not have to be planted until towards end of construction, before a certificate of occupancy is issued. B. Hanson asked why trees in the proposed footprint of a house on a vacant lot must be mitigated, and stated she would like to know the rationale behind the ordinance. B. Broedell explained there used to be exterior and interior zones where the mitigation requirements were different. B. Andrews stated that now there are not many vacant lots in the City, and most building is taking place on existing lots with smaller homes, where the house is torn down and a larger home is built in its place, and trees are being removed to accommodate the larger house footprint. He stated that the trees are part of the City’s canopy, and the trees to be removed must be mitigated for or the City would lose its tree canopy. S. Dark discussed a lot on west side of City that had a piece of paper stating that they could adhere to the tree removal ordinance in place prior to 2015. S. Kallao stated he does a lot of new home inspections, and sees a lot of trees that are cut or tree root system destroyed to pour the foundation. April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 4 of 7 S. Corbin discussed violations, and showed a picture of a commercial property that had been cited by Code Enforcement and had to clean up the property to comply. S. Corbin said he visited the site and approached the person cutting down a tree without a permit, and let him know the tree was in the City’s right of way, and the person had no idea and was working for the owner. S. Corbin said that commercial property mitigation without a permit is one inch for every inch, and the owner will have to mitigate. S. Dark asked if mitigation should be two inches for every inch removed since it was done without a permit. B. Broedell stated that is how the mitigation requirement of 80 inches was calculated. B. Andrews asked what was in the Code Enforcement letter, and S. Corbin stated there were broken beer bottles, trash, and vegetation debris, including weeds, that needed to be removed. S. Shaughnessy asked why the owner thought removing tree was part of site cleanup. S. Corbin stated the owner told him the tree was removed by accident, and he said he expects the owner to appeal. S. Corbin discussed appeals process, and an appeal starts with the Tree Subcommittee, then moves to the Community Development Board, then the City Commission. B. Broedell stated the appeals process is written into the ordinance that created the Environmental Stewardship Committee. S. Boren asked would it be hard to put an education piece in Code Enforcement letters to prevent this from happening in the future. She said it sounds like the public needs an infographic to explain the complicated ordinance. S. Corbin stated the “Do I Need A Tree Removal Permit?” is available, and discussed the letter to be sent to contractors, pool builders, and tree companies reminding them that there is a tree removal permit process in the City. S. Boren asked if emails could be sent, and if the City can track email open rates, and J. Johnston stated the City’s permitting software for email communication is not that sophisticated. J. Leroux stated that S. Corbin has done a great job in a short amount of time. S. Corbin thanked his staff. B. Hanson said that based on this information, the tree ordinance is working and protecting the canopy. S. Corbin stated that legacy species are replacing non-legacy species. S. Shaughnessy asked if trees be planted on City property. S. Corbin he believed that is correct, and discussed what can be done to incentivize keeping larger trees. 6. Tree Subcommittee Report. B. Andrews stated he heard chainsaws cutting limbs off a big oak tree, and asked the crew if they were going to remove it. He said the crew stated they were removing it, and he called S. Corbin. B. Andrews said the owner said the tree could be taken down without mitigation due to the claim that it was damaged during the hurricane and was partially uprooted, and the tree measured less than 20 inches in diameter at breast height. He said that we are not losing trees due to the ordinance not being enforced, they are being lost because the ordinance does not protect them. He stated that we need to be planting new trees, but also need to protect large existing trees through changes to the ordinance. He said the tree did not meet the need for a permit due to the construction value, and if the tree had not been damaged, a permit would have been granted and the owner would be required to mitigate by planting 10 inches April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 5 of 7 and would not be given double mitigation credit for legacy species due to the removal without a permit, and ordinance does not protect these types of trees. B. Andrews asked if owners should have to pay into the mitigation fund. S. Boren asked if we know the canopy inventory and loss rate of new plantings. B. Broedell stated he does not have that information and about 12 permits have been finaled, the others are projects still under construction. S. Boren stated if the loss rate is 1 out of 1,000 trees, it may not make sense to restrict it, but if the numbers are larger, it may make sense to restrict the loss rate. B. Andrews stated most issues are not owners wanting to remove a tree, it is owners or builders wanting to level a house. 7. Environmental Stewardship Committee 2017-2018 Work Plan Review and Discussion. J. Leroux discussed the priorities of the Environmental Stewardship Committee, which includes reviewing tree removal permits and understand the questions to ask regarding the tree ordinance. She discussed developing a long-term plan, including funding the restoration of the tree canopy. S. Dark discussed the plantings with Greenscape at Tideviews Park on Saturday, April 14th, and asked those in attendance to please come out and help plant trees. J. Leroux discussed holding workshops to discuss not murdering crepe myrtles, and S. Corbin asked if any Committee members would be willing to help develop educational materials. J. Leroux stated after Arbor Day, a workshop can be planned to educate the public, and the meeting date can be determined at the next meeting. S. Dark stated she discussed combining the long term plan with the Parks Master Plan with S. Corbin. J. Leroux stated she liked the idea of asking those who use the parks for input. B. Andrews stated he liked C. Etlinger’s idea on educating the public on proper palm tree trimming, and he could post information to City’s Facebook page to help educate the public, which could be shared on other Atlantic Beach focused Facebook pages. S. Dark stated the City needs to trim trees properly on City property to set the example. B. Andrews stated that the educational information can be created in the short–term while also focusing on long-term goals. J. Leroux stated the ESC needs an email address to gather information on all environmental issues, not just trees, and could send out information via email. S. Dark created a logo for the Committee to get representation on flyers and materials. J. Leroux discussed the need for the Committee to have its own email address. S. Boren stated trees@coab.us is memorable, and the reach is larger with one email address and using the City’s Facebook page. S. Dark stated that using the City’s Facebook page to post the Committee’s related information would reach a larger audience versus creating a Committee Facebook page. S. Corbin stated the City’s Facebook page always has thousands of followers, but would not have as much control for when to post. B. Andrews suggested using the City’s Facebook page for now and see if the need to have ESC page arises. S. Boren asked if she could create the Tideviews Planting event for Facebook. J. Leroux said that the Committee has already completed a priority item by attaining the Tree City USA designation and heritage tree plaque. April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 6 of 7 8. Arbor Day 4/27/2018 Event Subcommittee Report. S. Dark stated the Subcommittee has met 4 times, and met with Timmy Johnson to get into the Arts in the Park event, but the process was difficult. She stated that T. Johnson mentioned having an event at Atlantic Beach Elementary, and coordinated with school staff and Green Team to hold an Arbor Day event on Friday, April 27th. S. Dark said that after school starts on April 27th, there will be an Arbor Day flag raising, and they will be planting a 15-gallon red cedar with approval from Duval County School Board. She stated the Mayor will speak along with additional speakers, and there will be 2 assemblies with a brief chat and kid-friendly tree video shown. She said that live oak and bald cypress saplings will be distributed by teachers to students. She stated that Committee members will be needed to prepare the saplings to hand out and to and stuff bags. J. Leroux stated that members can help at the next Arbor Day Subcommittee meeting on April 25th. S. Dark stated that a proclamation will be made at the Monday, April 23 Commission meeting, Arbor Day will be the third Friday of January in the future, leaving plenty of time to organize next year’s Arbor Day events. D. Scott said that potentially 650 trees will be planted. S. Dark stated the goal is to instill the mentality in citizens to cherish what we have with our tree canopy. D. Scott said that stickers, t-shirts, and flyers identifying species will be handed out along with planting instructions with the link to share planting videos and pictures, and S. Dark said Greenscape is donating acorn booklets. S. Boren suggested an incentive for survival by encouraging students to post pictures of trees in six months, also giving away seedlings for every baby born in Atlantic Beach. B. Hanson suggested a giveaway to include home schooled children. 9. Further discussion of the Environmental Stewardship Committee 2017-2018 Work Plan Review. J. Leroux stated that posting tree signs on properties has been successful. B. Andrews suggested that changes may need to be made to the City’s website to make it easier to find tree removal permit information. B. Norris stated that Committee members can send her suggestions of changes to the City’s website. J. Leroux stated that City of Jacksonville Beach’s website is an example of how easy it is to find their council’s agenda, meeting minutes, and meeting information. J. Leroux discussed a yard of the month program, and B. Hanson discussed a memory tree program. J. Leroux discussed C. Drysdale’s idea of arboretum and the Parks Master Plan. She said that the potential sale of park land would have to go through a unanimous vote of the City Commission. She stated that parks that were created with easements or through donations, like Johansen Park, need to have those easements researched as the land becomes more valuable. J. Leroux discussed the example of the Aquatic Dog Park, where the money was donated and the land was prepared, but it was not technically a park, and the City needs protection against future development. S. Kallao said he would volunteer to research park easements. April 11, 2018 Environmental Stewardship Committee Meeting Minutes Page 7 of 7 S. Corbin stated City staff is identifying parcels and parks that have not been officially dedicated, and can sit down with members to research park easement information. S. Boren stated she did not want to miss identifying budget cycle items, and volunteered to brainstorm a budget. She said she wanted clarification on the Subcommittees’ roles, and having Subcommittees submit reports a week prior to the Committee meetings so Committee meetings can be spent discussing items rather than rehashing. S. Dark stated that the Tree Subcommittee is focused on permits, and the other Subcommittees are more task-oriented and will make the Committee flow. S. Boren stated that budget line items can be emailed to City staff and sent to her for her to collect. J. Leroux stated that Cultural Arts and Recreation Advisory Committee has monies to give away every year, and the Environmental Stewardship Committee could ask for the same money. B. Hanson stated that the Committee should strive to stay on task and keep meetings to two hours. J. Leroux stated that S. Corbin can keep meetings on task. S. Corbin stated he will send the LEED for Cities information that S. Boren sent to him to the rest of the Committee members. J. Leroux stated the Committee is almost 6 months old and it is not too early to discuss future projects. S. Dark stated that participation on the Subcommittees is where items are getting done. 10. Adjournment. B. Hanson brought the motion to adjourn, and D. Scott seconded the motion. The motion passed with no opposition, and the meeting adjourned at 8:11 PM. (Minutes respectfully submitted by Jennifer Johnston on May 4, 2018.) __________________________________ Dawn Scott, Secretary ATTEST: ____________________________________________________ Shane Corbin, Director of Planning and Community Development