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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