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