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HomeMy WebLinkAbout2011 01 24 Consent 205 Resolution 2011-01 Memorial Tree Planting Program COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 205 HEARING REGULAR January 24, 2011 Mgr. /Dept. Meeting Au orization REQUEST: The Community Development Department is requesting that the City Commission approve Resolution 2011 -01, amending the City of Winter Springs Memorial Tree Planting Program; providing for repeal of prior inconsistent resolutions, severability, and an effective date. SYNOPSIS: On November 24, 2008, Agenda Item 204 and Resolution 2008 -03 were approved by the City Commission to establish the City's first Memorial Tree Planting Program. Since then, based on public feedback, the Beautification of Winter Springs (BOWS) Advisory Board and Staff have discussed several `tweaks' that would allow for increased public interest and promote greater access to the program by providing varied contribution levels. On October 5, 2010, the BOWS Board unanimously voted to recommend to the City Commission several revisions to Resolution 2008 -03, which are reflected in the attached Resolution 2011 -01. CONSIDERATION: As part of the original Memorial Tree Planting Program effective under Resolution 2008 -03, a contribution of $600 per new tree is required to participate. The contribution covers the costs of purchase, maintenance and a ten (10) year replanting guarantee by the City. Under Resolution 2011 -01, changes have been made to allow for three levels of participation, as follows: CONTRIBUTION REPLACEMENT GUARANTEE $300 No replacement guarantee by the City $400 1 year replacement guarantee by the City $600 10 year replacement guarantee by the City Resolution 2008 -03 also permits an `on -site' marker to be installed at a City Park for an additional contribution of $450. Under Resolution 2011 -01, language was added to clarify that excess funds beyond the actual cost of purchase and installation of the marker would be refunded to the participant after the project is complete. FISCAL IMPACT: Approval of Resolution 2011 -01 will require no additional cost to the City. COMMUNICATION EFFORTS: This Agenda Item has also been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Further, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. RECOMMENDATION: City staff recommends the City Commission approve Resolution 2011 -01, amending the City of Winter Springs Memorial Tree Planting Program; providing for repeal of prior inconsistent resolutions, severability, and an effective date. ATTACHMENTS: A) Resolution 2011 -01 - Amending the City of Winter Springs Memorial Tree Planting Program. Attachment `A' Resolution 2011 -01 Memorial Tree Planting Program Commission Item C -205 01/24/2011 RESOLUTION NO. 2011 -01 A RESOLUTION BY THE CITY OF WINTER SPRINGS, FLORIDA, TO AMEND THE CITY OF WINTER SPRINGS MEMORIAL TREE PLANTING PROGRAM; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community benefiting both individuals and the general population by providing beauty, shade, and cleansing for the environment; and WHEREAS, the City of Winter Springs desires to improve the local urban forest by increasing the number of trees planted in public areas through innovative programs and unique partnerships with residents, businesses, and non - profit organizations; and WHEREAS, the City of Winter Springs desires to provide opportunities for residents of Winter Springs to acknowledge or remember significant individuals of the City of Winter Springs by allowing memorial trees to be planted in specified public areas throughout the City; NOW, THEREFORE, BE IT RESOLVED by the City Commission of The City of Winter Springs, Seminole County, Florida, as follows: Section 1. The City Commission supports the creation of a Memorial Tree Planting Program that may include participation and support from the Florida Division of Forestry, the National Arbor Day Foundation, the Beautification of Winter Springs Advisory Board, local businesses, non - profit organizations, and Winter Springs' residents. Section 2. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 3. City of Winter Springs Memorial Tree Planting Program: A. The City of Winter Springs appreciates the many benefits that trees provide for our community. Trees bring an important natural element into our man-made environment as they shade our streets, homes and parks, purify the air, and produce leaves, flowers, fruits and bark of interesting color and texture. Along with these obvious benefits, a tree's stature, strength, and endurance tend to provide it a cathedral -like quality; consequently, trees are often planted as living memorials. B. The City Commission hereby finds that the acceptable trees listed hereunder have been purposefully selected in order for the City to facilitate and sustain an appropriate tree canopy within the City of Winter Springs. C. The City believes in providing opportunities for residents of Winter Springs who wish to acknowledge or remember significant individuals by allowing trees to be planted in select parks and public areas. To ensure the success of the City's Memorial Tree Planting Program, the following policies are adopted by the City of Winter Springs: 1. Under the direction of the City Manager, the City's Urban Beautification Services Division will administer the program with advice and recommendations provided, from time to time, by the Beautification of Winter Springs Advisory Board. 2. The program is intended to honor individuals (diseased or live human beings) who have direct family or other relationship ties with an existing resident of Winter Springs. The City reserves the right, at its discretion, to reject any request that is not consistent with the intent and provisions of this Resolution. The City reserves the right, at its discretion, to determine both the species of tree and location for planting for this program based on location needs /constraints, recognized arbor guidelines and practices, and any applicable provision of Chapter 5, City Code. Input from the individual requesting the planting will be given consideration prior to the City finalizing the location and species of tree. 3. Trees of the following sizes and standards shall be planted: • 30 gallon containerized Florida Grade #1 Canopy Tree. • 15 to 30 gallon containerized Florida Grade #1 Understory Tree or Shrub. 4. Trees of the following species shall be planted and must be compatible with soil conditions of the area being installed (no trees appearing on the E.P.P.C. Exotic Invasive Species Plant List can be used): • Live oak or Sand Live oak • Winged elm • Southern Red cedar • Sycamore • Bald cypress • Red maple • Sweet gum • Dahoon holly • Red bay • Tupelo • Allee elm City of Winter Springs Resolution 2011 -01 Page 2 of 4 5. Participants in the program are required to make a contribution of $600 per new tree to the City's Arbor Fund, as follows: Contribution ( Tree Replacement Warranty $300 The City will perform all required maintenance for the tree, but will not replant the tree if the tree should fail. $400 The City will perform all required maintenance for the tree and will commit to the replanting, in a reasonable amount of time, if the tree should fail within one (1) year of planting. $600 The City will perform all required maintenance for the tree and will commit to the replanting, in a reasonable amount of time, if the tree should fail within ten (10) years of planting. This money will be directed toward the cost of planting and maintaining each new tree. Existing trees already installed and growing may be adopted for a contribution of $200 per tree to the City's Arbor Fund. 1 76. An "on- site" marker for identification of the tree can be installed for an additional contribution of $450 to the City's Arbor Fund and placed within a city park at a location approved by the City. The total contribution amount shall be based on the actual cost of the marker and installation of the marker, as determined by the City. In the event that the cost of the marker and installation of the marker is less than $450, the City shall refund any excess funds to the participant after installation of the marker is complete. Such identification will be limited to a 10 "x4" bronze post mounted plaque. An example legend reads: "This tree planted in memory of my father, John Q. Public, of Winter Springs, FL ". However, once the marker is installed by the City, the City shall not be responsible for any damage, loss, or replacement of the marker. S7. All trees installed under the Program shall comply with applicable City codes and ordinances, public utility guidelines, easement and covenant restrictions, and City landscape maintenance guidelines. City of Winter Springs Resolution 2011 -01 Page 3 of 4 Section 4. Administrative Authorization. The City Commission hereby authorizes the City Manager to commence on October 1, 2008, and implement thereafter, the City's first Memorial Tree Planting Program, which shall be administered by the Urban Beautification Services Division, with advice and recommendations, from time to time, by the Beautification of Winter Springs Advisory Board. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this day of 2011. CITY OF WINTER SPRINGS, FLORIDA CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for The City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2011 -0 1 Page 4 of 4 RESOLUTION NO. 2011 -01 A RESOLUTION BY THE CITY OF WINTER SPRINGS, FLORIDA, TO AMEND THE CITY OF WINTER SPRINGS MEMORIAL TREE PLANTING PROGRAM; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community benefiting both individuals and the general population by providing beauty, shade, and cleansing for the environment; and WHEREAS, the City of Winter Springs desires to improve the local urban forest by increasing the number of trees planted in public areas through innovative programs and unique partnerships with residents, businesses, and non -profit organizations; and WHEREAS, the City of Winter Springs desires to provide opportunities for residents of Winter Springs to acknowledge or remember significant individuals of the City of Winter Springs by allowing memorial trees to be planted in specified public areas throughout the City; NOW, THEREFORE, BE IT RESOLVED by the City Commission of The City of Winter Springs, Seminole County, Florida, as follows: Section 1. The City Commission supports the creation of a Memorial Tree Planting Program that may include participation and support from the Florida Division of Forestry, the National Arbor Day Foundation, the Beautification of Winter Springs Advisory Board, local businesses, non - profit organizations, and Winter Springs' residents. Section 2. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 3. City of Winter Springs Memorial Tree Planting Program: A. The City of Winter Springs appreciates the many benefits that trees provide for our community. Trees bring an important natural element into our man-made environment as they shade our streets, homes and parks, purify the air, and produce leaves, flowers, fruits and bark of interesting color and texture. Along with these obvious benefits, a tree's stature, strength, and endurance tend to provide it a cathedral -like quality; consequently, trees are often planted as living memorials. B. The City Commission hereby finds that the acceptable trees listed hereunder have been purposefully selected in order for the City to facilitate and sustain an appropriate tree canopy within the City of Winter Springs. C. The City believes in providing opportunities for residents of Winter Springs who wish to acknowledge or remember significant individuals by allowing trees to be planted in select parks and public areas. To ensure the success of the City's Memorial Tree Planting Program, the following policies are adopted by the City of Winter Springs: 1. Under the direction of the City Manager, the City's Urban Beautification Services Division will administer the program with advice and recommendations provided, from time to time, by the Beautification of Winter Springs Advisory Board. 2. The program is intended to honor individuals (diseased or live human beings) who have direct family or other relationship ties with an existing resident of Winter Springs. The City reserves the right, at its discretion, to reject any request that is not consistent with the intent and provisions of this Resolution. The City reserves the right, at its discretion, to determine both the species of tree and location for planting for this program based on location needs /constraints, recognized arbor guidelines and practices, and any applicable provision of Chapter 5, City Code. Input from the individual requesting the planting will be given consideration prior to the City finalizing the location and species of tree. 3. Trees of the following sizes and standards shall be planted: • 30 gallon containerized Florida Grade #1 Canopy Tree. • 15 to 30 gallon containerized Florida Grade #1 Understory Tree or Shrub. 4. Trees of the following species shall be planted and must be compatible with soil conditions of the area being installed (no trees appearing on the E.P.P. C. Exotic Invasive Species Plant List can be used): • Live oak or Sand Live oak • Winged elm • Southern Red cedar • Sycamore • Bald cypress • Red maple • Sweet gum • Dahoon holly • Red bay • Tupelo • Allee elm City of Winter Springs Resolution 2011 -01 Page 2 of 4 5. Participants in the program are required to make a contribution of $600 per new tree to the City's Arbor Fund, as follows: Contribution 1 Tree Replacement Warranty $300 The City will perform all required maintenance for the tree. but will not re s lant the tree if the tree should fail. $400 The City will perform all required maintenance for the tree and will commit to the replanting, in a reasonable amount of time, if the tree should fail within one (1) year of planting. $600 The City will perform all required maintenance for the tree and will commit to the replanting, in a reasonable amount of time, if the tree should fail within ten (10) years of planti This money will be directed toward the cost of planting and maintaining each new tree. Existing trees already installed and growing may be adopted for a contribution of $200 per tree to the City's Arbor Fund. • . Y - - - - .. .. - . .. - .. - . - 76. An "on- site" marker for identification of the tree can be installed for an additional contribution of $450 to the City's Arbor Fund and placed within a city park at a location approved by the City. The total contribution amount shall be based on the actual cost of the marker and installation of the marker, as determined by the City. In the event that the cost of the marker and installation of the marker is less than $450, the City shall refund any excess funds to the participant after installation of the marker is complete. Such identification will be limited to a 10 "x4" bronze post mounted plaque. An example legend reads: "This tree planted in memory of my father, John Q. Public, of Winter Springs, FL ". However, once the marker is installed by the City, the City shall not be responsible for any damage, loss, or replacement of the marker. 87. All trees installed under the Program shall comply with applicable City codes and ordinances, public utility guidelines, easement and covenant restrictions, and City landscape maintenance guidelines. City of Winter Springs Resolution 2011 -01 Page 3 of 4 Section 4. Administrative Authorization. The City Commission hereby authorizes the City Manager to commence on October 1, 2008, and implement thereafter, the City's first Memorial Tree Planting Program, which shall be administered by the Urban Beautification Services Division, with advice and recommendations, from time to time, by the Beautification of Winter Springs Advisory Board. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 24th day of January 2011. CITY OF TER SP ' GS, FLORIDA C ': ES LACE , for ATTEST: ANDREA o RENZO- LUACES, City Clerk Approved as to legal form and sufficiency for The Cit o Winter Springs only: 10 ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2011 -01 Page 4 of 4