CEB 1996 Miscellanoues Documents•
Call to order
Pledge of Allegiance to the Flag
Roll Call
Approval of the minutes of the Regular Meeting held May 7, 1996.
2. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
i 1 1
The following information contains a report of compliance relative to old business of the Board.
If a Board Member has questions or would like further information regarding any of the reports;
the Code Enforcement Officer will be happy to respond to questions at the meeting.
Case No. 0111- Shirley M. Murphy - 434 Skate Road
Ms. Murphy has complied to the Board's order of compliance with FL SS 767.12.
Case No. 0107 - Sarah and Charles Bratcher - property lying between West 9th Street and
West 10th Street
As directed by the Board, the Bratchers have complied with the first part of the order by June 7,
1996. The boat remains on the property at this time and may remain until November 15, 1996.
Case No. 0108 - Robert J. Stewart - 348 Church Street
Mr. Stewart was denied garbage pick up by the City under the conditions it was placed out. A
hand delivered notice was given to Mr. Stewart and he is now in the process of compliance. I
personally met with Mr. Stewart and pointed out conditions in need of improvement.
Case No. 0110 - David and Susan Lewis - 1447 Mayport Road
The property has been repaired and painted in the time directed by the Board.
Page -2-
Code Enforcement Agenda
July 2, 1996
Case No. 0112 - Wayne Weinaug - 850 Amberjack Lane
No time frame was set by the Board in which Mr. Weinaug was to comply. Mr. Ford instructed
him to have his permit process completed by June 24, 1996 or he would condemn the structure.
Mr. Weinaug requested an additional 30 days to hire a contractor and complete an aluminum
screen enclosure to replace what he had illegally constructed. This time extension was not
granted by Mr. Ford.
4. NEW BUSMSS:
Case No. 4629 - Willie Knight - 790 Sailfish Drive. The owner of the property is in violation
of the Standard Plumbing Code Sections 601.2 and 604.3 and Chapter 22, Sections 22-41 and 22-
29, Failure to Pay Past Due Bill of the Code of the City of Atlantic Beach in that there exists on
the premises located at 790 Sailfish Drive the following condition(s): failure to be connected to
an approved water system and failure to pay past due water bills.
Case No. 4473 - Charles Bullock - 120 Camelia Street. The owner of the property is in
violation of Chapter 24, Section 24-163-2 of the Code of the City of Atlantic Beach in that there
exists on the premises located at 120 Camelia Street the following condition(s): storing a boat in
front of front yard setback line - boat license #FL 3428 AJ.
Case No. 4576 - Sean L. Phinney - 385 East Coast Drive. The owner of the property is in
violation of Chapter 24, Section 24-65-C Permit Required and Chapter 19, Section 19-1
Obstructing Right -of -Way of the Code of the City of Atlantic Beach in that there exists on the
premises located at 385 East Coast Drive the following condition(s): permit required for a fence
and obstruction of right-of-way by placing a fence on the right-of-way.
Case No. 4362 - Robert Lang, Jr. - 2142 Fairway Villas Lane. The owner of the property is in
violation of Chapter 12, Section 12-1-3 of the Code of the City of Atlantic Beach in that there
exists on the premises located at 2142 Fairway Villas Lane the following condition(s): high
weeds and grass, outside storage of bikes and miscellaneous trash - bottles, cans, paper and
other items in front of the house.
Case No. 4670 - Safa Mansouri - South Right -of -Way of Saturiba Drive and Seminole
Road. The owner of the property is in violation of Chapter 23, Section 23-37 Replacement of
Trees of the Code of the City of Atlantic Beach in that there exists on said premises the following
condition(s): failure to replace five dead trees of the ten trees planted along the Saturiba
Drive right-of-way to fulfill the 1991 agreement negotiated between the City of Atlantic
Beach and Tiffany by the Sea.
Page -3-
Code Enforcement Agenda
July 2, 1996
REQUEST FOR LIEN ACTION:
None
BOARD MEMBER COMMENTS:
I ml E ►1►V&"I
Code Enforcement Activity Report
October 1, 1995 - May 31, 9996
x
COD 1 l TtC h
PREVIOUS
PRESENT
YEAR TO
MONTH
MONTH
DATE
Abandoned Vehicles
CAR
12
9
137
Ve icles impounded
IMP
0
1
Illegally Stored BoatfTrailer
ST
8
4
33
Housing Code Violations
SHC
2
1
1
Hazardous Conditions
2
10
Unpermitted Construction
PRM
3
1
1
oning Violations
ZON
6
2
39
Unlicensed usiness
I - IC
1
1
44
Sign Violation
SGN
6
3
2
Overgrown Vegetation
EG
29
26
107
Trash Complaint
R
6
5
38
Noise mplaintE
0
1
Nuisance Complaint
1
1
Health & Safety Hazard
H
2
3
5
Animal Complaint
A M
1
Water & Sewer it Comp int
I
0
0
te-wer System Complaint
S
0
Garbage
GBG
0
28
Storm Ater rainageSTM
Other
H
0
0
3
S
Complaints in Compliance
59
Number of Complaints Outstanding
130
Proactive Complaints
46
46
Reactive Complaints
33
19
OTHER ACTIVITIES:
Case #0112 - Wayne Weinaug has applied for a building permit and was given until 6-24-96 to have
permit issued as per Building Official.
Case #0104 - Robert Stewart, 384 Church Road, continues to place trash on right-of-way,
compliance required by 6-22-96.
Case #0107 - Sarah & Charles Bratcher - In compliance.
Case #0111 - Shirley Murphy, 434 Skate Road, Dangerous dog - In compliance at this time.
Prepared By: Karl W. Grunewald
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT BOARD MEETING
The next meeting of the City of Atlantic Beach Code Enforcement Board will be held on Tuesday,
July 2, 1996, 7:30 PM at the Commission Chambers, 800 Seminole Road, Atlantic Beach,
Florida.
Published: Beaches Leader June 26, 1996
Posted: City Hall
MEMO TO: CODE ENFORCEMENT BOARD
ALAN JENSEN, CITY ATTORNEY
SUZANNE GREEN, PROSECUTING ATTORNEY
KARL GRUENWALD, CODE ENFORCEMENT OFFICER
FROM: JULIE BRANDT, SECRETARY
REFERENCE: NEXT CODE ENFORCEMENT BOARD MEETING
JULY 2, 1996
DATE: JUNE 24, 1996
There will be a meeting of the Code Enforcement Board on Tuesday, July 2, 1996 at 7:30 P.M. in
the Commission Chambers at City Hall. Enclosed is your agenda packet and a copy of the
minutes of the meeting held May 7, 1996.
If you are unable to attend the meeting, please contact me at 247-5821.
f
t;
FF
CITY OF ATLANTIC BEACH
t
CEB Case # 4670 Respondents: SAA MANSOURI
CODE ENFORCEMENT BOARD
CASE PRESENTATION SHEET
Mister/Madam Chairman:
_X_ 1. I inspected the property in question, which is located at
SOUTH R -O -W SATTTR BA DR. & SEMINOLE RD. . Ownership of the
property was determined by a check of the:
X tax records public records deed title search
other
X 2. The code #(s) and nature of the violation(s) discovered
are: CHAPTER 23, SECTION 23-37. REPLACEMENT OF TREES.
_X_ 3. The inspection was made as a result of a: X complaint
routine area inspection other
BY HOPE VAN NORTWICK, TREE CONSERVATION BOARD
_X— 4. A violation notice was issued to the owner/occupant on:
JUNE 12, 1996,
._X_ 5. Notice to the owner -occupant was achieved by:
X certified mail hand delivery Posting of
property Police X Other PERSONAL PHONE_
C''ONVF SATTON .
—X— 6. I X did did not speak with the owner or someone
in charge of the property concerning violations. Brief
description of conversation: MR. MANSOURI STATED THAT HE
AGREED ONLY TWO ( 2 ) OF TNF'. TEN TRF.RF . HR AT -90 S ATFD THAT TH .
CITY TOTED HIM THAT IT WOTIT.D PROVIDE WATERING AND MAINTENANCE _
X 7. The latest inspection was made on: 6-14-96
X 8. The violation(s) that was/were still occurring on that
date was/were : SAME FIVE ( 5 ) OF THE TEN TREES RAVE DIED OR
T4AVF BERN N C[ , .CTFD TO THE POINT THAT THEY WT LT. NOT STTRVTV ..
X 9. To bring the property into compliance, it is necessary to:
RFPT,A . . THR FIVE TREES _
X_ 10. I_x do _ Do not have pictures/slides of the property.
These were taken on 6-74-96 These pictures/slides
are a fair and accurate representation of the property at the
time they were taken.
11. I would estimate that IS day(s) of time is necessary
to correct the violations. Therefore, the City recommends
that the Board find the respondent guilty and give--I„L days
to comply.
Respectfully submitted,
Karl W. Grunwald
Code Enforcement Officer
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
June 17, 1996
Mr- Mansouri
B
1100 Beach Boulevard
•t•.
The Code Enforcement Board of the City of Atlantic Beach was
created pursuant to Florida Statutes and exists for the purpose of
facilitating the enforcement of the Code of Ordinances. It is
comprised of seven citizens, residents of Atlantic Beach, who meet
regularly to hear allegations of code violations.
You are hereby notified and ordered to appear at the next
public hearing of the Code Enforcement Board on TUESDAY, the 2nd
day of July, 1996 AT 7:30 P. M. at Atlantic Beach City Hall, 800
Seminole Road, to answer and be heard to the alleged violations of
the following Sections: Chapter 23, Section 23-37 Replacement of
Trees of the Code of the City of Atlantic Beach. It is alleged
that you are in violation of the above enumerated code section(s)
in that there exists on the right-of-way along Saturiba Drive, the
City of Atlantic Beach the following condition(s): failure to
rMlace five dead trees of the ten trees planted along the Saturiba
Drive r -o -w to fulfill the 1991 agreement negotiated between the
City of Atlantic Beach and Tiffany by the Sea.
The Code Enforcement Board has the power to levy fines up to
$250.00 per day for the first offense and $500.00 for the second
offense against the property, if a violation is found to exist
beyond the date set by the Board for compliance.
You have the right to obtain an attorney at your own expense
and to present witnesses in your behalf. If you desire to have
witnesses, subpoenaed or if you have questions regarding the
procedure, please contact Julie Brandt, Secretary of the Code
Enforcement Board within five days of the receipt of this notice at
247-5821. Please note the presence of a court reporter for the
purpose of insuring a verbatim record in the event of an appeal
should be secured at your expense.
Sincerely,
ATTEST:. /
CRETARY G. E. MARTIN
Chairman, Code Enforcement Board
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 4670
Petitioner, )
vs. ) SUBPOENA
SAFA MANSOURI
Respondent. )
-------------------------------- )
TO: NAME: SAFA MANSOURI
PBD, INC.
STREET 1100 BEACH BOULEVARD
CITY JACKSONVILLE, FL. 32246
STATE FL
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
2ND day of JULY 1996 at 7:30. p. m. in reference to
violation of Section: CHAPTER 23, SECTION 23-37 CODE OF THE CITY OF
ATLANTIC BEACH; LOCATION OF VIOLATION: RIGHT-OF-WAY ALONG SATURIBA
DRIVE
Failure to appear subjects you to penalty of law.
Dated this 17TH day of JUNE , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY
ecretary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 4670
Petitioner, )
vs. ) SUBPOENA
SAFA MANSOURI
Respondent. )
-------------------------------- )
STREET 826 OCEAN BOULEVARD
CITY ATL BCH FL. 32233
STATE FL
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
2ND day of JULY 1996 at 7:30. p. m. in reference to
violation of Section: CHAPTER 23, SECTION 23-37 CODE OF THE CITY OF
ATLANTIC BEACH; LOCATION OF VIOLATION: RIGHT-OF-WAY ALONG SATURIBA
DRIVE
Failure to appear subjects you to penalty of law.
Dated this 17TH day of JUNE , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY '
Se etary
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA, ) VIOLATION NO. 4670
Petitioner, )
vs. ) HUBPOENA
)
Respondent. )
-------------------------------- )
TO: NAME: GEORGE WORLEY. CDM�HJNITV DEVELOPMENT DIRFARCV.
STREET :li SEMINOLE •••D
CITY ATL BCH FL. 32233
STATE FL
GREETINGS:
YOU ARE HEREBY COMMANDED to be and appear before the Code
Enforcement Board of the City of Atlantic Beach, Florida at City
Hall, 800 Seminole Road, Atlantic Beach, Florida on Tuesday, the
2D day of JULY 1996 at 7:30. p. m. in reference to
violation of Section: CHAPTER 23, SECTION 23-37 CODE OF THE CITY
OF ATLANTIC BEACH; LOCATION OF VIOLATION: RIGHT-OF-WAY ALONG
SATURIBA DRIVE
Failure to appear subjects you to penalty of law.
Dated this .7TH day of JUNE , 1996.
CODE ENFORCEMENT BOARD
CITY OF ATLANTIC BEACH, FLORIDA
BY ` G�
cretary
f
CITY OF
-- ----- - -----
Mr. Safa Mansouri
PBD, Inc.
1100 Beach Boulevard
Jacksonville, FL 32246
Dear Safa:
800 SEMINOLE ROAD
AI LANTIC BEACH, FLORIDA 32233-55 75
TELEPHONE (904) 247-5800
FAX (904) 247-5805
96
It has been brought to my attention that you may be in violation of City of Atlantic
Beach Ordinance Chapter 23, Section 23-37 - Replacement of Trees.
In 1991, in an agreement between PBD, Inc., and the City of Atlantic Beach, you
agreed to the planting of 10 trees along the right-of-way of Saturiba Drive. You further agreed
to warranty these trees for a period of one year.
Please be advised that .5 of these trees have died due to weather and obvious lack
of maintenance.
The timely replacement of these trees is paramount.
Should you fail to replace the 5 trees with like species and size within five (5) days of
receiving this notice you will be required to appear before the Code Enforcement Board.
Under Florida Statute 162.09, the Code Enforcement Bbard may impose fines of up
to $250.00 per day for a first violation and $500.00 per day for a repeat violation.
KWG/pah
Enclosure
cc: Public Safety Director
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sincerely,
Karl W. Grunewald
Code Enforcement Officer
J E N S E N & H O U L D
ATmRNEYs AT LAw
708 NORTH THIRD SrREET
POST OFFICE BOX 50457
JACILSONV= BEACH. FLORIDA 32240-0457
Alan C. Jensen
Stephen A. Hould
April 17, 1996
Safa Mansouri
PBD, Inc.
11000 Beach Boulevard
Jacvsor!ville, FL- 32246
RE: Replacement Trees on Saturiba Drive
Dear Safa:
Telephone (904) 246-2500
Fax (904) 246-9960
I have reviewed a copy of the letter from George Worley to you dated March 14, 1996, and
have recently received a copy of a letter sent by the chairman of the Tree Conservation
Board to the city manager. I spoke with Mr. Worley today and he indicated that one tree
needs to be replaced under the one year warranty you were required to provide on the
replacement trees.
I would appreciate you making sure that this tree is replaced immediately and that you
provide to me proof or evidence of such replacement. The City certainly does not wish to
have any further administrative hearings nor any other type action in order to enforce this
-T- agreement.
If you have any questions at all, please let me know immediately. Thank you.
Very truly yours,
ACJ/sky
cc: James R. Jarboe, City Manager
George Worley 11, Community Development Director
Hope Van Nortwick, Chairman, Tree Conservation Board
Lyman T. Fletcher, Mayor
May 1, 1996
Jensen & Hould
708 North Third Street
Jacksonville Beach, FL 32240-0457
RE: Replacement Trees on Saturbia Drive
Dear Mr. Jensen:
I have reviewed your letter dated April 17, and must inform you, that I have received no
correspondence from Mr. Worley or the Tree Board about replacement of a tree. This is the first
time that I have been notified.
Immediately after planting of the trees, I contacted Mr. Worley to find out if the Public Works
Department had the ability to water the trees. He contacted me shortly after, and informed us
that they(Public Works), were going to use their watering truck to irrigate the trees. More than
three weeks later, we were informed by George that the truck had caught on fire and during those
three week the trees were not irrigated. We immediately contacted the homeowners in the
vicinity, and received permission to use their water, and commenced irrigation of the trees. Had
we been informed of the situation earlier we would taken action promptly.
Mr. Jensen, I believe that it is extremely unfair of the City and the Tree Board to expect us to
replace this tree. In this case, the City must take some responsibility. Recently I had as a result
of court settlement donated $350 to the Tree Board(From True Truss of Jacksonville). This
amount is sufficient to take care of replacing of 2 trees.
Please contact me if you need to discuss this issue further. My office is currently located at
11000 Beach Blvd. and my phone number is 928-0037(back line). I hope to hear from you soon.
Sincerely yours,
Safa M. Mansouri
April 10, 1996
Jlm Jarboe
City Manager
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Mr. Jarboe,
It has recently come to the attention of the Tree Conservation Board that trees
planted along Saturiba Drive by PDB, Inc. (represented by Mr. Sofa Mansouri)
have failed to survive. These trees were planted to fulfill the agreement
negotiated in 1991between the City of Atlantic Beach and Tiffany by the Sea.
This agreement and subsequent modifications of this agreement clearly
specify that the planted trees be guaranteed for a period of one year.
Mr. Mansouri has been notified in writing (a copy of this letter ottatched) of the
situation and was given until April 1, 1996 to correct the condition. To date no
action has been taken. Given these circumstances and the fact that it has
taken five years to begin to enforce the conditions agreed to by the
developer, the Tree Conservation Board hereby notifies the City Manager,
City Attorney and Code Enforcement Officer of the violation and requests that
immediate action be taken. If the letter prepared by Mr. Worley on March 14,
1996 does not constitute "notice of violation" I respectfully request that
appropriate notice be issued by the city and action to resolve the matter be
implemented without delay. The Tiffany development is close to completion
and the developer has had an extreme length of time to comply with the
agreement.
Yours Truly,
Hope Nortwick
Tree Conservation Board Chair
CC:
Lyman Fletcher, Mayor
George Worley, Community Development Director
Karl Grunwald, Code Enforcement Officer
Alan Jensen, City Attorney
CITY OF
800 SEMINOLE' ROAD
ATLANTIC [PEACH, I'WRIDA 3223 3-544 5
TELEPHONE (904) 247-5800
FAX (904) 247-580S
March 14, 1996
Safa IAansouri
PBD, Inc.
1100 Beach Boulevard
Jacksonville, FL 32246
re: Replacer�ze� -es on Saturiba Drive
Dear Mr. Mansouri,
As you are aware the repiacemen- .rees planted by you on Saturiba Drive were to
be guarranteed for a period of on(- fear by the installer. It is my understanding
that PBD, Inc. installed the trees r. d is therefore responsible for there
replacement should they die durin;. .I,e first year. This one year period was
agreed to by both you and the T re -Conservation Board.
It is apparant that several of thost� Nees failed to survive and that several more
may not survive much longer. Giv, -. the weather conditions of this past winter, it
is understandable that transplanter trees may not survive, however the trees must
be replaced per the agreement. F ?ase arrange to inspect the trees and to install
replacements for the dead trees p Ir to April 1, 1996. If you are unable to
comply within that time period, pie -e contact me.
If you have any questions, or deli; any additional information regarding this
matter, please do not hesitate to : )tact me at City Hall.
Sincerely,
41
George Wor e1" y, 11
Community Development Director
ITY O
December 21, 1995
Mr.. Safa Mansouri
Tiffany by the Sea % Pelican Bay Development
11000 Beach Boulevard
Jacksonville, FL 32246
Dear Mr. Mansouri,
800 SEMINOLE ROAD
A I LANTIC BEACH, FLORIDA 32133-5445
'TELEPHONE (904) 247-5300
FAX (904) 247-5806
You were in attendance at the regular meeting of the Tree
Conservation Board on October 2, 1995 at which time the
tree removal mitigation agreement between Tiffany by the
Sea and the Board was again discussed. At that meeting,
also attended by our City Attorney, Alan Jensen, you agreed
to the planting of the ten (10) oak trees along the right-
of-way of Saturiba Drive to fulfil your obligation under
the 1991 agreement.
At the October 2 meeting, the Board was led to believe that
the planting would occur within a short period of time. As
of this date, almost 12 weeks later, the trees are not in
place nor is there any indication at the site that prepara-
tions are being made for their planting.
As a result of the above, the Tree Conservation Board must
require that the trees be planted within ten (10) business
days from the date of this letter. Failure to do so will
result in the matter being referred to our City Attorney for
further handling.
Sincerely,
Hope Van Nortwi.ck, Chairman
Tree Conservation Board
cpy: Tree Conservation Board members
Alan Jensen, City Attorney
Jim Jarboe, Acting City Manager
George Worley, Board Designee
May 10, 1995
Safa Mansouri
Tiffany by flee Sea
2213 Alicia Lane
Atlantic Beach, Fl 32233
re: Tree Removal Mitigation Agreement violations
Dear Mr. Mansouri,
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5905
Per the agreement dated October 30, 1991, you are responsible for the planting of 26 oak
trees within Tiffany -by -the -Sea April 15th was the date by which all trees were to be installed.
You have failed to comply with the provisions of the agreement and are, therefor, in violation of
the conditions of your permit for tree removal. Section 23-27 authorizes the Tree Conservation
Board to order the with holding of Final Inspections and Certificates of Occupancy on properties
in violation of the provisions of Chapter 23. Such matters may also be referred to the Code
Enforcement Board which is empowered to issue fines and mitigation orders.
In consideration of flre above, the Tree Conservation Board hereby orders that no Final
Inspections be performed on work in Tiffany -by -the -Sea and that no Certificates of Occupancy be
issued to any project in Tiffany -by -the -Sea It is further ordered that a complaint be filed with the
Code Enforcement Board of the City of Atlantic Beach against Tiffany -by -the -Sea for violation of
the provisions of Chapter 23 and the conditions of the tree removal permit.
The above orders may be recinded by the Tree Conservation Board upon full compliance
with the provisions of your tree removal permit and Chapter 23 of the Code of Ordinances.
If you require any additional information, please do not hesitate to contact either myself or
George Worley. Thank you for your cooperation and attention to this important matter.
Sincerely, aa /
Hope Van Nortwick, Chairman
Tree Conservation Board
cc: Tree Board Members
City Manager
City Attorney
CITY OF
Af�' tVead - �76uC `a
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
Apn15, 1995
Safh Mansouri
Tiffany by the Sea
2213 Alicia Lane
Atlantic Beach, F1 32233
re: Tree Removal Mitigation Agreement
Dear Mr. Mansouri,
Thank you for your suggested modifications to the 1991 tree replacement agreement
between yourself and the Tree Conservation Board. As mentioned in our last correspondence the
Tree Board is trying to assist you by agreeing to permit ten of the total of 26 trees which you
agreed to replant in Tiffany by the Sea to be planted along the Right -of -Way of Saturiba Drive.
We even offered proposed locations for the trees. The Board is not, however, in a position to re-
negotiate the original agreement.
Per the original agreement dated October 30, 1991, you are responsible for the planting of
26 oak trees. All of the trees must be guaranteed for one year. The Board strongly suggests that
the agreed upon oaks be either Live Oak or Laurel Oak because of their salt tolerant nature.
Coordination ofthe planting on Saturiba can be arranged through the Community Development
Director, George Worley. Please notify the city at least ten days in advance to allow for
underground utilities to be located and marked The planting of the afore mentioned 26 trees will
satisfy your obligations under the 1991 agreement. Please be advised that the trees must be
planted immediately. Our last correspondence identified April 13th as the date by which all trees
are to be installed, that date remains firm.
If you require any additional information, please do not hesitate to contact either myself or
George Worley. Thank you for your cooperation and attention to this important matter.
u VVI Gly,
f
Ho an Nortwick, Chairman
Tree nervation Board ;
cc: Tree Board Members
City Manager
City Attorney
March 22, 1995
Mr. A. Jensen, City Attorney
City of Atlantic Beach
HOO Seminole Road
Atlantic Beach, FI_ 32233-5445
Re: Tree planting at Tiffany
Dear Mr. Jensen:
Bach in Fall of 1991, when the Department of Natural Resources initiated work on moving the
Coastal Construction Control Line westward of its previous position, I as the property manager
of Tiffany by the Sea was forced to start construction on 5 of the ocean front. lots that were going
to be severely affected. At that time(Sept. of 91), I applied for building permits for the above
mentioned lots. As you remember there were complications that were eventually resolved and
permits were issued. One of the first hurdles that I had to overcome, was the Tree Conservation
Board. They upon the first meeting accused us of leaving cleared the property of trees without a
permit, which was proven inaccurate. Then they refused to approve tree removal permits(removal
of approximately 12 Palrn trees which were actually re -planted within the site), until I agreed to
their request of planting 26 Oak trees at Tiffany.
To out the story short, upon completion of 2 homes I planted 5 Oak trees according to the
agreement. Although the trees were properly cared for, 3 of 5 died. Upon further research, I
found that Oaks do not transplant well this close to the ocean at all. This information was
passed on to the tree board anal even one of their members who is an expert in the field concurred..
At that point, to appease the Board, I immediately planted 25 Palmetto trees on the Right of
Way on Seminole Road. At least in spirit I fulfilled my obligation.
Mr- Jensen, in the last 5 months, I have gone bacl2 and forth with the Board trying to resolve this
situation. At this point in time, my stand is that the agreement was accepted by me under
extreme duress, when in fact the }hoard had no mitigation rights. I sincerely believe that I bave
already lived up to this agreement, but since I am a member of this eommtunity and a resident of
tlus beautiful city, as a to6n of my appreciation 1 aw willing to plant 10 trees at the location
Specified by the Board, based on the conditions specified in my enclosed letter to the Board. Tliis
would be my last and final offer, or nothing at all.
Please advise the Tree Board of my position. I truly hope that this meets your satisfaction.
Please do not hesitate to call me at 249-3000 if you have any questions.
Sincerely yours,
/*A-,
Safa M. Mansouri
March 22, 1905
Tree Conservation Board
City of Atlantic Beach
800 Seminole Load
Atlantic Beach, FL 32233-5445
Re: Tree planting at Tiffany
Dear Ms. Vara Nortwick:
I have considered your proposal dated 3/21/95 regarding planting of trees along the Right of Way
on Saturbia Drive, and I find it agreeable with the following conditions::
1- This would completely fulfid my obligation to the City.
2- The trees are assumed to be any variation of Oah(I will decide on the type, and base
my decision on hardiness, shape, and salt tolerance) with a DRH of at: least 3".
3- We will not accept any responsibility or liability for any damage to underground
utilities, wiring, street, etc.
4- Liability with respect to replacement guarantee be limited to 2 trees since we cannot
guarantee proper maintenance.
5- Credit be given to us; for the planting of over 38 Palmetto trees, 2 Live Oa6, I Patio
Ligus3truna, and 2 Canary Island Palms, in the Tight of ways and common areas in exchange for
the remaining trees.
Please let me Inow ASAI' if these conditions meet your approval, so that I ,-nay commence work
immediately.
Sincerely yours,
Oct. •U, iSi>1
The Tree Conservation hoard
City r�f Ot t E3nt l.c Beach
1.300 Seminole Rd.
Ai: l .int. t E~ �E',JCII ♦ FL 32233
T�� Whurn. t tjc3y Concern:
on
f ijr 1_Il(!r• ..tucty of your proposal made to me at on Tiffany meetingBY
development
,'.3r cl, rey:.rrd i ng the 1 andscape
t1��rlsour 1 act 1 ng as author 1 zed agent of OMAA
i.l,E, ,c,; , ( ;:.�F�� ,
(: �vE-t:luiEr:l:s , (nc . , agree to Perform the fo 1 1 ow I ng work:
1. To p 1 an t. 26, 3"0011 L I ve Oaks In the Right of Way, dispersed
ocean
ow wdithin one year.he
thru-out the development,
trees Inwith piaceuin
front lots to have ees
2- To preserrve a 1 1 ex 1 st t ng trees of 611 DBH and Insure greater
heir
Rights of Way and in all lot setbacks, erection of
during construction by requiring
arotection
• barricades around them, before commencement of construction.
of
2- To relocate 01 I Palms f DBH and
o the footprints is as
Way, or otherwise outside of the construction
individual lots are developed. '
It is acknowledged that this agreement and the TCB's approval is
binding for each iot: 1n the development.
V
5 a M. Mansour,
Pelican Dap Development • at; Nleole Lane • Atlantic Desch, FL 32233 • (904) 2.49-3000