Minutes / 06-23-99,.
MIlVUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
,--~ COMMISSION, HELD IN CITY HALL AT 6:00 PM ON WEDNESDAY JUNE 23,
1999.
Present: Suzanne Shaughnessy, Mayor
Mike Borno, Commissioner
John Meserve, Commissioner
Also: Alan Jensen, City Attorney
Maureen King, City Clerk
Absent: Richard Beaver, Commissioner
Theo Mitchelson, Commissioner
David Thompson, City Manager
The meeting was called to order by Mayor Shaughnessy.
Discussion and related action with regard to Certified Arborist, Early Piety
The Mayor explained that the purpose of the meeting was to have a rehearing on a meeting
-. which was held on the morning of Monday, June 21, 1999. She apologized to Commissioner
Meserve and explained that due to a misunderstanding, he had not been notified of the
Monday meeting. She said that in the future any time more than one Commissioner is
meeting with any other person, every Commissioner should be notified.
The Mayor reported that she and Commissioners Beaver and Borno, and Public Works
Director Bob Kosoy had met with Certified Arborist, Early Piety, in Commission Chambers
on Monday, June 21, 1999, with respect to protection of trees in the Stormwater
Improvement project area. The Commissioners present liked what Mr. Piety said and they
indicated they would like him to be available as a consultant to the City Commission with
regard to the element of tree preservation, and to look at the plans that R-A-M has proposed
for the capital improvement project for the City. It was felt it would be a good idea to have
someone with Mr. Piety's level of experience who was hired by the City Commission to have
the City Commission's interest at heart.
Commissioner Borno said Mr. Piety's presentation was enlightening and was covered in the
hand-outs provided by Mr. Piety, a copy of which is attached hereto as Exhibit A.
The Mayor said that the Commissioners present at the Monday meeting felt that Mr. Piety
would be an impressive and credible resource for the City Commission and that his function
would be beneficial to the project. The Commissioners felt they could take action at the
meeting on Monday morning since the meeting had not been posted as a workshop.
However, the Mayor said that it was later pointed out that the meeting had not been posted
Page Two
Minutes -Special Called Meeting
June 23, 1999
as a "for-action" meeting. She requested that in the future there should be two kinds of
meetings -for-action meetings (Special Called Meetings) or workshop meetings.
The Mayor moved to hire Certified Arborist Early W. Piety as a consultant to the City
Commission of Atlantic Beach, the contract for whom shall be negotiated on behalf of
the Commission by the City Manager. The motion was seconded by Commissioner
Borno.
The Mayor explained that the point of this action was for the City Commission to be able to
consult with Mr. Piety on an as-needed basis. The Mayor then referred to a letter from the
City Attorney indicating that the City must follow the purchasing provisions set forth in
Chapter 2 of the City Code. Discussion ensued and the City Attorney felt that Mr. Piety
would serve as asub-contractor to R-A-M but the Mayor said she preferred that Mr. Piety
be hired by, and report directly to the City Commission. The City Attorney said he did not
feel the City Commission had the authority to hire Mr. Piety, but that Mr. Piety would have
to be hired by the it .
At 6:10 PM the Mayor called a recess to allow the City Attorney to check the City Code to
see if the City Commission could do as the Mayor desired. The meeting reconvened at 6:22
PM.
At this time the Mayor clarified and repeated the motion on the floor: Hire Early Piety as
a consultant to the City Commission, whose contract shall be negotiated and executed
by the City Manager or his designee; the City Commission hereby acts to waive the
formal bidding procedures as set forth in Chapter 2 of the Atlantic Beach Code, Division
2, Purchasing.
Commissioner Meserve spoke in opposition to the motion because he said the City
Commission was getting ready to approve an open ended contract for something which he
did not see as an emergency. He said he did not know enough about the issue at hand
because he had been out of town and had not had an opportunity to catch up with City
business. He said he was not prepared to vote for the motion until he knew the approximate
number of hours involved. He noted that the City had hired R-A-M to design the project and
felt that if an arborist was hired, that individual should work as a subcontractor to R-A-M,
otherwise the City Commission seemed to be sending a message that they did not trust RA-
M.
T
The Mayor responded that this matter was not an emergency but was an attempt to move on
with the project. She felt the City had spent an inordinate amount of time with R-A-M and
Page Three
Minutes -Special Called Meeting
June 23, 1999
much of the cushion of time with the DEP had been eaten up, and she would like to have
someone work with R-A-M as soon as possible to see what their plans are and to give an
added dimension. She suggested Commissioner Meserve listen to the tape of the meeting
held on Monday morning to bring him up to speed with the matter. The Mayor also
indicated that no one at the meeting on Monday morning had said that they did not trust RA-
M.
Commissioner Borno felt the decision to hire an arborist was not an indication of distrust of
R-A-M. He saidthat R A-M was now entering the design phase of their task and it had been
learned that it is important to plan for tree protection in a project such as this from the project
site to the drawing board rather than from the drawing board to the project site. He said that
while it was not envisioned that the arborist's task would take an astronomical number of
hours, it would probably be advisable to set a cap on the number of hours to be authorized.
Commissioner Borno felt that while the matter of hiring an arborist was not an emergency,
there was an urgency to the matter. He inquired whether it would require any further action
from the City Commission if they set a cap of $2,500.00 or less.
The Mayor explained that the City Manager had authority to make purchases up to $2,500.00
without Commission approval. However, she felt that if it was the Commission's wish to
contract with Mr. Piety, it would be appropriate to draft a contract outlining the scope of the
work to be undertaken and pointed out that Mr. Piety's charge was $75.00 per hour. She said
she, also, did not feel that the contract should be open ended.
Commissioner Meserve expressed concern that the motion, as stated, would provide an open
ended contract. Also he said that while he had no problem with hiring an arborist, he felt
that the arborist should work for R-A-M and not the City Commission, otherwise it would
be difficult to hold R-A-M responsible for any problems which may arise.
The Mayor then pointed out that R-A-M had included a landscape architect, not an arborist,
in their team. She agreed with Commissioner Borno's comment that in order to save trees,
the design should be from the field back to the drawing board. With respect to the scope of
the work, the Mayor said the contract would not be open ended and listed the following items
which she felt should be included: review the project area (The Mayor pointed out Mr. Piety
had already done this work on Monday under the assumption that he was hired), review the
R-A-M proposal thus far, meet and discuss the project with R-A-M, and then call a meeting
to report to the City Commission regarding his fmdings and to recommend the best ways to
incorporate tree preservation measures into the plan, and measures to be taken during
construction. She felt this would be the extent of his work unless or until the City
Commission requested further consultation with Mr. Piety.
Page Four
Minutes -Special Called Meeting
June 23, 1999
Commissioner Borno said he understood the ramifications of the arborist not being an
employee of R A-M and in order to avoid any conflict which may arise out of the City hiring
the arborist, he suggested asking R-A-M whether they had any objections to hiring the
arborist.
The Mayor said that since the contract for design had not yet been worked out with R-A-M,
she felt the matter of hiring an arborist would be a contract issue and it could be confirmed
during negotiation of the contract that R-A-M would be willing to sign and seal plans on
which an arborist selected by the City, had consulted with them.
In view of the questions which still existed, Commissioner Borno said he wished to withdraw
his second to the motion. Since there was no longer a motion on the floor, no action was
taken on this agenda item.
Any other business:
The Mayor informed Commissioner Meserve that a copy of the updated plans for the
proposed Mayport Road/Atlantic Boulevard flyover which she and Commissioner Borno had
received at a meeting with the DOT, had been put in his mailbox. She reported the DOT
representative had confirmed that there was no evacuation component in the flyover plan.
Also, the raising of the lower level of the bridge would be in the next project, not the flyover
project. The Mayor also reported the DOT had advised that the JTA plans were at 90%
completion and they anticipated bidding the project in September. Rights-of--way are being
appraised but no rights-of--way had been purchased thus far.
Following brief discussion, the Mayor requested that the matter of hiring an arborist be
placed on the agenda for the regular meeting of the City Commission on Monday, June 28,
1999, and asked that Mr. Piety be invited to attend the meeting.
There being no further discussion or business to come before the City Commission, the
Mayor declared the meeting adjourned at 6.55 PM.
ATTEST:
SUZANNE SHAUGHNESSY
Mayor/Presiding Officer
MAUREEN KING
Certified Municipal Clerk
Please remember, Certification can
attest to the knowledge background of
an arborist, but it sloes not guarantee
or assure gttalit}• Performance. It~ is •
a means to assist you in selecting an
arborist ~~ho has aproven lei-eI of
nojvledge bisect competent}: •
iVot all arborict~Inual firnls'ha~•e Certified Arborists on their .
tiff. ~`{~hen choosing a tree~care firm, check the classified
gages for those companies that emplo}~ arborists ~~ho are,
:erti.fiect. Do not hesitate to ask an}~ prospective arborist
o see their International Societ}' of Arboriculture (ISA)
certification Identification Carcl. ••
For additional u~.formation, contact }rour local Cooperttii~e
~stension Office, State Urban Forestr}~ Department, ISA
~liapter, or the ISA Certification Office at (217) 353-911.
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Certiflecl Arborists are tree care special-
ists cleclicated to excellence in~tl7e,fieId .
of tlrboriculttlre. T17ey are 17ig111}~ qualif'led
in file care of your r:lluable trees and sl7nlbs
~Jit111;noR•ledge of file most tip-to-date
acii•ances, and proven age-old tecluliques.
Certified Arborists are tvidel}• recog-
nizeciprofessionals. The}• are educated
allcl trlil7ed in:
• Dia~llosis anti treatment of your tree and shrub related
proUlems.
• Proper prLl17i17ti a11ci lnanage111el1t techniques for }•our
~•aluable trees and shrubs.
• Lnclerst:llulin~; tree biolog}:
• klentifi•illg a17c1 selecting the appropriate trees anti shrubs
.~ }•our landscape.
• Installation :Intl establishment of trees a17ci shrubs to
ellhallce your l:lndsc:lpe.
• t117clcrst:lllclllli; the cielieate soil anti water relationships
tvllicll affect tree .ulcl shrub health.
• ~ltltritioll requirements a17t1 fertil-
izatioll techniques to keep }'our
trees anti shrubs in peal: form.
• Recognizill, certain tree hazards
a17c1 construction clan7age.
To maintain and bealltif}• the n~orld around us, residenti
properr}; commercial propern•, or the ton•11 }•ou li~ e in,
Certified rlrborists are there is help you. •
To qualif}~ as•a Certified Arborist. an espeiXenceci tree c~
professional must pass all e1IC11S1~'e e~ai11i11atio1l develop
b}• an international panel of experts in the industry and
academia. The Llrernational Socien• of Arboriculture ma:
twins this voluntar}• certification pro~rtlli. '
The educational progrl171 does not stop n•it17 testing.
A Certified Arborist nnlst I:eep abre:lst of lle~v technolo
b}'attending seminars and rerie~~-ing the l:ltest publicatic
to obtain Necessary continuing education creclits.~
Yil tod:l}•'s frtgile environment.:t Certified Arborist c:
Illailltalll )'Ollr lanClSCaI)e and help t-ott presen•e the aesth
ant( ecological value of your trees :u7c1 shrubs. P
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Early Piely
CERTIFIED ARBORIST
TJI~JE 1'R~T.IECTY®N DYJTLINJE
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INTERNATIONAL SOCIETY
OFARBORCULTURE
Site Clearing
Establish chain link fence barricade around areas to be selectively cleared.
Use apre-qualified contractor.
Use small rubber tired vehicles (bobcats) for selective clearing.
Identify exceptional trees for extra-ordinary protection.
Building Construction
Y Identify storage and staging areas.
Determine footer design.
Y Control site access for heavy equipment.
Certified Arborist makes regular site visits.
YJtilities-Trenches
Route trenches outside the drip line area as far away from root systems as possible.
Includes water, electrical and storm drainage.
Site Grading and Paving
Minimize earthwork - no grade changes under drip line.
'` No curb and gutter -pave on top of existing grade. ' ~ "~
'` Porous concrete near trees.
Landscaping
'` Strategic timing on pruning and fertilization.
'~` Specification provides for irrigation during construction.
No irrigation installations under tree line.
Large mulch beds under trees.
"Specializing In Diagnosing Tree Disease"
5960 Phillips Highway Jacksonville, Florida 32216 (904) 733-4455--
'~~~°~i8e.°R:SiOVdC•GCIR91t1GPilOlECS10~~•`~""~
ay J.D. Early Piety Specailty Tree Surgeons
Certified Arborist SO # 0584
~ The root system makes a tree function
A key element to the root system is only six inches from the surface. This part of the
earth contains the most important part of the root system, small hair like roots that
absorb the nutrients and oxygen. Deeper roots exist to anchor the tree and absorb
water in drought conditions. The first six inches of the soil are often damaged in
construction. This section explains what happens in these first six inches and why this
layer of soil is vital to the tree.
On the forest floor leaves fall, decay, and wash into the soil. Animals also die and
decay, washing into the soil. Decayed matter releases nutrients in the soil and only
penetrates into the first six. inches. Feeder roots naturally grow and work in these areas.
Scraping six inches off with a front end loader would eliminate a critical portion ofi the
root system leaving the tree to starve.
Fungi called mycorrhizae exist in a symbiotic relationship with feeder roots. Mycorrhizae
help break nutrients down so that they can easily be absorbed by fieeder roots. Use
quality topsoil when adding beneath a tree so that mycorrizae is present. The quantity
of fill added is just as important as quality. More than six inches of added soil deprives
the tree of oxygen and eventually suffocates the tree.
~ Site CIearing ~~
Start with identification of exceptional trees that will require special care to survive.
These trees need barriers to protect the topsoil under the dripline. Residential sites can
use an inexpensive wooden fence while commercial sites require a chain link fience.
Any clearing done in this protected area should be done by hand or with a small rubber
tired bobcat. It is important to use a contractor experienced in root preservation or at
least to establish what is to be done (and not done) on this vital piece of ground.
Because the roots are underground they remain out of sight and, a{I to often, out of
mind. People forget about roots, thinking if they don't bump the stem or break a limb
they are practicing tree preservation. This is why the focus for preventing construction
damage needs to be on root preservation rather than the more obvious above ground
concerns. If the area under the dripline of the tree absolutely must be disturbed it should
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be well planned and alternatives considered. ~If a concrete footer needs to be in the
barricaded area, a bridge footer or pier type should be used rather than a conventional
footer that would damage a much larger section of the root system.
~0 Building Construction
As in site clearing, the barriers surrounding our "exceptional trees" are critical. Everyone
loves trees, not only because of their beauty, but because of the shade they provide.
Despite verbal warnings or signs posted, workers will be naturally attracted to use tree
shaded areas to park vehicles, pile bricks, stack lumber and a myriad of heavy objects
that damage the root system.
Because large areas are barricaded, special planning is required to find and designate
areas for heavy equipment to maneuver, parking, and other activities that require
precious space. For example, arrangements can be made for parking on a nearby lot..
Another example is a truss truck that normally unloads trusses next to the building may
need another area designated because of the proximity of these special trees to the
building. Tending to these issues beforehand prevents delays once construction has
begun.
~ Utilities -Trenches
When an architect draws plans for utilities trenches he will choose the simplest route, a
straight line from point a to point b. Many times that involves digging right through the
root system. When reviewing plans, be sure trenches are outside the dripline. Plans
can be changed so that a slow curving line goes around the dripline or a trench can go
along the edge of the property and then make a bend leading to the building. Whatever
the solution, it is always important not to disturb the root system under the dripline of the
tree. It would be a shame to go through the other procedures we have discussed and
then have a utilities trench destroy the root system.
~ Site Grading and Paving
Architects planning drainage systems will sometimes design their systems without
considering trees. Stripping away or adding to much soil will kill the tree. Look at the
dripline and see where it drains and adapt the grade to the topography under that
dripline. This must be done in a way that ensures proper. drainage of the tree and the
entire site as well. °.
Earthwork should be minimized with no grade changes under the dripline. No curb and
gutter should be done because of the trenching involved. Paving should be done on top
ofi the existing grade without disturbing the topsoil. Paving bricks or porous concrete
can be used near the trees to allow air and water to reach the root system.
0 Landscaping
With all the precautions taken up to this point we cannot allow someone to install an
irrigation system with a trencher and seer large portions of the root system. How do we
get water to the tree without tearing up the root system?
The root system is like the spokes of a wheel radiating out from the center to the dripline
of the tree. if pipe must be laid under the dripline, it should be done in parallel with one
spoke rather than across several spokes.
Timing is important -or pruning and fertilization. Pruning should be done prior to final
landscaping so small plants and shrubs under the tree will not be disturbed. Fertilizing is
best done approximately six months before construction to give the tree a solid ration of
minerals to strengthen it before this interfierence to its environment begins.
All trees would prefer to live in the natural forest floor. The forest floor consists of many
organic materials -rotting leaves, rotting trees, and other rotting vegetation. These
organic materials slowly percolate into the top six inches of the soil providing nutrients
for our trees. Grass or sod planted at the base of the tree is not helpful to this intricate
decomposition process. The best thing to do is to recreate the forest floor.
We can build large mulch areas under the tree with small boxwoods, azaleas or other
shrubs to simulate the forest floor. In this area you can install small flagstone walkways,
birdbaths and benches that invite you under the canopy of the tree. This is not only
beneficial to the tree but will also add to the beauty to the landscape.