HomeMy WebLinkAbout2015 02 23 Regular 601 Appeal of City Manager's Decision to Uphold Arbor Permit 201402136 COMMISSION AGENDA
Informational
Consent
ITEM 601 Public Hearin s
g
Regular X
February 23, 2015 KL
Regular Meeting City Manager Department
REQUEST:
The Office of the City Attorney requests that the City Commission, acting in its appellate
capacity under Chapter 5 of the City Code (Tree Protection and Preservation), consider an
appeal of an "adversely affected party" who alleges that the City Manager's decision to
uphold City Arbor Permit Number 201402136 is not in compliance with the requirements
of Chapter 5 of the City Code.
SYNOPSIS:
On July 21, 2014, City staff issued City Arbor Permit No.201402136 ("Permit") for the
removal of 39 trees located within common area owned and maintained by the Country
Club Village Homeowners Association ("HOA").
Ms. Pat Guernsey, a resident of the HOA, appealed the City staff decision to issue the
Permit with respect to 12 specific trees out of the 39 trees that were ultimately removed.
The 12 trees that are the subject of this appeal were located behind Ms. Guernsey's
property at 1103 West Winged Foot Circle.
Per Ms. Guernsey's correspondence of August 4, 2014, which is attached to this agenda
item, Ms. Guernsey is appealing the issuance of the subject permit without a requirement
that the removed trees be replaced, and alleges that the trees were actually "removed" two
years ago due to actions or inactions of the HOA and City. Pursuant to the City Code, the
City Manager reviewed Ms. Guernsey's appeal and determined that Ms. Guernsey did not
submit competent, substantial evidence in support of these allegations. Therefore, the City
Manager denied Ms. Guernsey's appeal due to a lack of evidence in support of her
allegations.
Regular 601 PAGE 1 OF 5- February 23,2015
Under the City Code, the City Commission, serving in a limited appellate capacity, must
now consider whether the City Manager's decision to uphold the permit is consistent with
the requirements of the City Code based on the record presented on appeal.
CONSIDERATIONS:
1. Section 5-4 of the City Code requires that a permit be obtained in order for
any person to engage in tree removal within the City. Per section 5-3(z) of the
City Code, "tree removal" means any act which will cause a tree situated on
real property to die within a period of two (2) years from the time of the act,
including, but not limited to, by cutting, girding, relocating, interfering with
the water supply, applying chemicals, or regarding around the base of the tree
trunk.
2. The HOA applied for a City Arbor Permit to authorize removal of dead,
severely diseased, or severely injured trees.
3. The City Arborist inspected the 39 trees that were at issue, and verified that
the trees were dead, severely diseased, or severely injured pursuant to section
5-4(b)(3) of the City Code.
4. Subsequent to the City Arborist's inspection and verification of the state of
the subject trees, the City issued the Permit to remove the following trees,
without requiring replacement of such trees:
. 37 dead sand live oaks behind West Wingedfoot Circle
. 1 dead pine behind 1386 Augusta National Boulevard
. 1 dead pine behind 1116 West Winged Foot Circle.
5. Section 5-4, City Code, sets forth the conditions under which a permit may be
issued for tree removal, and only requires that removed trees be replaced
elsewhere on the property in limited circumstances. For example, section 5-4
(b)(1) provides that a permit may be issued to remove trees located on
building and construction sites as shown on city approved plans "provided
said trees are replaced elsewhere on the property in accordance with section 5-
9" of the City Code. Additionally, section 5-4(b)(7) provides that the city
arborist may generally approve the removal of trees if such trees are replaced
elsewhere on the property. Important and relevant to this particular
appeal, there is no such requirement for replacement trees when a
permit is issued for trees that are severely diseased, severely injured, or
dead. See section 5-4(b)(3), Citp Code. It is on this basis, the Cit�
Arborist issued the permit without requirin�that the trees be replaced.
6. However, Section 5-3(z) of the City Code defines "tree removal" to
mean "any act which will cause a tree situated on real property to die within a
period of two (2) years from the time of the act including, but not limited to,
by cutting, girdling, relocating, interfering with the water supply, applying
chemicals, regrading around the base of the tree trunk" Relying upon this
definition, Ms. Guernsey alleges that the trees must be replaced because the
subject trees were actually "removed" approximately two years prior to
issuance of the Permit when the HOA allegedly sprayed the common area
with chemicals that allegedly caused the subject trees to become injured or
die. In furtherance of these allegations, Ms. Guernsey submitted
correspondence to the City, dated July 28, 31, August 1, and 4, 2014,
challenging the issuance of the Permit ("Appeal Letters"). The Appeal
Letters are attached to this agenda item for your review and are part of the
record on appeal.
Regular 601 PAGE 2 OF 5- February 23,2015
7. Section 5-16(b), City Code, sets forth the following appeal process with
respect to the subj ect Permit:
Appeals. Any person adversely affected by an administrative interpretation of this
chapter by the city arborist may first appeal that interpretation to the city manager by
filing a written notice of appeal of said interpretation within ten (10) calendar days of
said interpretation. The city manager shall decide said appeal within five (5) business
days. Any person adversely affected by an administrative decision of the city manager
under this chapter may appeal that interpretation to the city commission by filing a
written notice of appeal of said interpretation within thirty (30) calendar days of said
interpretation. Failure to file an appeal within the time periods required by this
subsection shall result in the administrative interpretation to be declared final and shall
be deemed a waiver of the person's right to further appellate review and proceedings.
The city commission shall decide said appeal within thirty (30) days of the city's
receipt of said notice of appeal and the city commission's decision shall be final.
Except for the mandatory time periods required for the notice of appeal, the time
periods required for a decision may be extended by mutual agreement between the city
and the person filing the notice of appeal.
g. The entire record before the City Manager on appeal is attached to this
agenda item for consideration by the City Commission. On August 7, 2014,
the City Manager denied the appeal due to insufficient evidence and
provided Ms. Guernsey with information on how to appeal his denial to
the City Commission ("Decision of City Manager"). The Decision of City
Manager is attached to this agenda item for your review.
9. Ms. Guernsey has appealed the Decision of the City Manager to the City
Commission. See Appeal Letter of August 4, 2014.
10. Subsequently, City Staff and Ms. Guernsey mutually agreed to extend the
time period during which the appeal could be brought to the City
Commission for review, as permitted by section 5-16(b), to allow Ms.
Guernsey and the HOA time to attempt to resolve the matter. Although a
resolution between the HOA and Ms. Guernsey is not necessary for purposes
of proceeding with this appeal, City Staff agreed to the extension because if
Ms. Guernsey and the HOA could resolve their differences on this matter,
Ms. Guernsey would have withdrawn her appeal to the City Commission.
Thus, the City Commission's consideration of this Agenda Item would have
been unnecessary if resolution was reached. However, when Ms. Guernsey
and the HOA advised City staff that they were unable to resolve the matter to
the satisfaction of both parties, this appeal was scheduled for consideration by
the City Commission in accordance with City Code.
ROLE OF THE CITY COMMISSION AND ISSUE ON APPEAL
1. In this case, the City Commission is sitting in an appellate capacity. The City
Commission's role is limited to reviewing the record on appeal and the Decision of
the City Manager and determining whether it should be affirmed, modified in part
consistent with the City Code, or overturned.
2. The role of the City Commission is not to conduct an entirely new hearing on the
matter or to produce new evidence that was not presented to the City Manager during
the first appeal. The City Commission's decision should be based upon the record
Regular 601 PAGE 3 OF 5- February 23,2015
that was presented to the City Manager by Ms. Guernsey and City staff when the
City Manager rendered his final decision.
3. The City Commission should consider the attached record on appeal and apply the
following criteria when making its final decision on this case:
. Was Ms. Guernsey afforded procedural due process in accordance with the
procedural requirements of the City Code;
. Whether the City Manager applied the correct law when making his decision;
and
. Whether the City Manager's decision is supported by competent substantial
evidence.
4. The first criteria, procedural due process, does not appear to be at issue in this case.
Thus, the City Commission's focus should primarily be on criteria (2) and (3).
5. The City Commission's decision is final and is only appealable to a court of
competent jurisdiction.
RECOMMENDED PROCEDURE
The City Attorney recommends that the City Commission hear this matter in a manner
similar to an oral argument on a court appellate matter:
1. Introduction of Agenda Item by City Attorney
2. Ms. Guernsey (appellant) presents her case as to why the Decision of the City
Manager should be overturned.
3. City Manager or his designee (appellee) presents the basis for affirming the Decision
of the City Manager
4. Ms. Guernsey afforded an opportunity to present a brief rebuttal of City Manager's
argument
5. City Commission deliberations and final decision.
FISCAL IMPACT:
There is no direct financial impact to the City as a result of this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been 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. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Regular 601 PAGE 4 OF 5- February 23,2015
RECOMMENDATION:
The City Attorney requests that the City Commission, acting in its appellate capacity under
Chapter 5 of the City Code (Tree Protection and Preservation), consider the appeal of Ms.
Guernsey regarding City Arbor Permit Number 201402136 and determine whether the
decision of the City Manager should be affirmed, modified consistent with the requirements
of the City Code, or overturned.
ATTACHMENTS:
A- Permit No. 201402136
B - Guernsey Appeal Letters
C -Decision of the City Manager
D - Property Information and Map
Regular 601 PAGE 5 OF 5- February 23,2015
CITY OF �VINTER SPRINGS
f '4
ll26 East State Raad 434
Winter Springs,Florida 32708�-2799
�9�� Offce: (4a'�327-6584
�. Arbor Permit
PERMIT MUST BE POSTED ON SITE
ARBOR P�RMIT NUMBER: 201402136 Subdivision:
Froperty Owner: COLJNTRY CLUB VILLAGE
Site Address:
Liceza,.ced Arbor Contractor: J4nathaz� Stirnrzan Tree Service, Inc. P�aIlE: 407-977-3832
Adaress: 171 Lynn Street, Oviedo, F132765 Gen.Liability Exp.Date: O�I24/201 S
City Arbor License#�: WS OCC LIC ID#3827 Workman's Cornp.Exp.Date: pg/2{/20l 5
N�mber of trees to be removed: 39 Replacement reqairements(Credits}: 0
Applicable Category:
TREBS S�VERELY DISEASED OR INJiJRED
• All trees,whether for replacement or instaEfation,S#�ALL be at least a Ftorida Crrades and Standards#Z. Tree spccies designated by the
Exotic Pest P[ant Counci[as exotic and invasive may not be used as renlacement nlantings. Accentable replacennent plants are Eisted in the
Arbor Ordinance#2003-22. AII plantad trecs SHALL survive for at least one ful!yeaz oz 6e replant�d.
• Winter Springs is designated"T1tEE CI'I'Y USA"by the National Arbar Day Foundation,
Citv Code
5.9 e Contractor Licerrse Reauired.•Contractor pbaaining Permdts. An r�person or entitv enea�ed in the business of tree remo�al or urunin�
shall be licen.s.ed by the City on an annual basis. Licenses ma}+be obtained firom the C[ty bv comoletin�an applicatiott prenared bv the
Ci and a in the ra uired license fee. The[icense a lication sha[[contain at a minimutn the nattte address and te[e hone nu[nber
of he contractor and a copy o£the contractor's occupational license and aroof of liability and workers'compensation insurance. It shall
he unlawful for anv person or entit t�en a�e in the 6usiness of tree,_remov_al or nruning within the City of Winter Surin�s without a
license reqe►ired under this subsecfion. Tt shall also be unlawful for any such person,or entitv to fail to obtain a permii on behalf of a
pr�rty owner puzsuant to Section_5�(a)of this Chapter
A��ROVED WITH TH�FOLLOWING CONDITIONS:
07/2�/2014-Remove{37)dead sand liva oaks in co�z�non area behind West Winged Foot Circle.
Remove{1)dead pine behind 1386 Augusta Ntl and(1)dead pirte behind 1116 West
Winged Foot.
—�-� July 21, 2Q14
WINT`E PRI�+FGS ARBOR DIVISION DATE
ACKNOWLEDGEMENT
OF RECEIPT RECIPIENT DATE
gtEINS�]�CTION REQUIRED:
YES: (within 60 days) NO:
YES: (at t€me of CD final)
I+�OTE: All lot addresses shall be�nuked so as to bc easily identified. For undeveEoped lots,the lot lines and construcCion pad shall be clearly
staked. For land clearing or undeveloped lots,a survey of all trees 4"diamc�er at breast height and above shall be submitted. If an appointmeni
must be scheduled for inspection due to limited access(£ence,dogs,ete.),please ca11407-327-b584.
Rev. ii/i6/2011
' '� ������1/ ^ l 6�i� `�
1
['
Stephanie Monica
From: sallie913@aol.com
Sent: Monday, July 21, 2014 12:05 AM
To: Stephanie Monica; Customer Service -City of Winter Springs; Kerwin Maynor
Subject: Residential Arbor Perrnit Form
Residenfial Arbor Permit Fo�^m details below.
Name: country club village Tuskawilla
Email Fro�n: sallie913(�aol.cor�
Telephone: 4@75380665 {sa11i� jackson}
Address: country club rrillage @ �uskawilla hoa and common area Subdivision : country c�ub
village @�tuskawilla
Con�rac�or: jonathan stirman tree service, inc Con�ractor Phone: 4077978063 Contractor
Address: 171 lynn st. aviedo, fl. 32765 Contrac�or License:
7ree Count: 40
Locations: 37 dead live aaks off comman area at Augusta na�ional
1 dead pine and 1 storm damaged oak behind 1386 Augusta national
1 dead pine behind �.�7.6 west winged foot
Initi.a�.1: ies
Box1: ✓
Box2:
Box3:
Box4:
BoxS: yes
Box6:
Box7:
Initial2: jes
Initial3: jes
Initial4: jes
Applican�: jonathan stirman, sr
Signature: jonathan stirman, st.
1
• PAT GUERNSEY
11a3 West Winged Foot Circle,Winter Springs,FL 32708
P.O.BOX 19SS49
WINTER SPRINGS,FL 32719-5549 PHONE: 407-365-2936
Emrxil:patriciaguernsey(a�,att.net CELL: 407-34.1-3.I13
July 2�,2014
Conntry Club Viltage Homeowners Assoc: email:dmcreight@vista-cam.com
PO Box I62�47
Altamonte Sprngs,FL 32716
City of Winter Springs attn:Stephanie Manica smon�ca@winterspringsil.org
1126 East R 434
Winter S�rimgs,FL 32708
I was informed for the�rst time by mail by Ietter da�ed July 17,2014 they will be removing all the
trees(30 total-12 directly in back of ine)in the common area behind my house 1103 Wes�Winged
Foot Circle,Winter Springs which were stressed by the contractors that the HOA hired to clean up
the area 3 years ago. The contractors poisoned the ground with some strong weedkiller to k�ll the
vines and nndergrowth. The trees have been struggli�g,b�rt the�are not dead and would have
recoverd with so�ne TLC. I hired an arborist on my own who has given her opinon on the surviva�
of the 12 trees dir�ctly behind my house{attached). Her recomme�dation is quite differen�.
The HOA was resgonsible for the common areas and neglected for many years to do routine
maintenance until three years ago you contracted a contractor for the cleannp,avhich resu€lted in
tadays situation and the decision by t�e�IOA to cuf them down. I would like to f5nd out what
contractor was hired to do the clean up. An arborist plus t�e one that is cutting the trees down tells
me they can determine from the soil sample and tree sample what k'rnd of chemical was used that did
this ta the trees. It was the feeling of both Arbor'rsts that they probably did not use�PA approved
chemicals that did that�nuch damage to the area. To me they should have just weeded the area ove�
a period of tiine til the vines were gone rather than doing#he application over a few days.
I beTieve the HOA could recover damages for the cost of removal nf trees and also the cast of
replanting the area; as tb:e hameowners have lost an irreplaceable asse�. I would like the
inFarmation on the contractor who did the 'rnitial cleanup 3 yeaes ago and pursue the liability which
can be determined through soil samples and tree sam�les.
I had no say in the HOA decision,as I was noti�ed too late for protest. The permifs are done and
tt►��are catting the trees down today. Mine cou�e first,as they are the entry way to the back af the
common area. �had contacted the HOA less than 1�ear ago,and was assured by enaail that they
were not taking them dovvn antil yesterday, I received the letter that they are cutting thetn down.
I want to pursue the liability of the contraetor far the HOA,and also to insist on a replant plan in the
near fntnre. I would like t�e kzomeowner records of the contractors vvho did the ciean up 3 years ago.
Pat Guernsey
���;
• PAT GUERNSEY
::; ;: �
F,
l 103 West Winged Foot Circle,Winfer Springs,FL 32708
P. O.BOX 195549
WINT�R SPRINGS,�'L 32719-SS49 PHONE: 407-365-2936
Email:patriciaguernsey@af�net CELL: 407�41-3113
July 2S,2014
City of Winter Springs
Permit Department
1126 East R 434
Winter Springs,FL 32748
RE Arbcrr Permit Number 201.402136
Letter of protest and appeal of 1'ermit appro�al issued'7/21/2014. A�1 the trees were removed by
Friday,J�ly 25`�''
Tltis is to appeal the decision relating#o the permit issne for removal of 39 trees in Country Club
ViIlage-site: common areas behind West Winged Foot Circle. I am protesfin�onlv the IZ#rees in the
common area direcfl behind m house that were alive and taken down without re uirement for
renlaeeme�tt. 2-9 of the 39 trees were actualty on private proper�y(of r�vhich I do noE belteve eac�
individnal owner had a separate permi�).
The permit was to remove trees classi�ed as severeTy diseased or injured with no requirement for
replacement. The work was started and completed withoat any pas�ing on.site as required before
or during the work, and they have alI novv been removed. I am protesting the�ortion of the trees
c�irectly behind my house as they were alfve and st�ould fall under the replaceaxaent requirements. T
am appealing the irresponsibie decisian made by the City nf Winter Springs for making a sweeping
decision to cut ALL the trees without ins�ectin�individual trees for the determination. There has
been a homeowner loss of amenity to the trees that would have survived. The HOA or tbe City of
Winter Springs should replace thase trees. The City of Winfer Springs st�ould be responsible for the
trees that did hav�a chance for survival. We are nof tall�ing about a co�ple of trees,but a forest af
live oak�rees,probably over 75�ears old and some of the very large.
I had an aborist apinaon the sarne day I rece'rved my letter noti�cation Monday July 21-the day the
permit was issued(attached) that there vvere trees behind my house(12)in the common area that
were alive and recovering. Al�of the trees were cut down in the area r�srithout any consideration af
those that were living and surviving.
There was no s'rze descri tion and lxce�nent of each tree in the er�it. S
Thee rivate ro ert owners should have had se ara#e ermits as they were not vn the common
grouttd of Country CIub Viilage.
There vyas na inspection by the City of Winter Springs Arborist at the date of tt�e application. The
12 trees behind rtay house were removed on July 22. I had placed a ca11/emaiI to the City Aborist �
on July 215t ta protest and for her to come and inspect the trees closes�ta my house.The City
Arborist said#here was no need,the per�nit was issued and she had already jus�been ant there 2
weeks ago.
a °�,
�
�
�
�:
�, `
� I wish to reverse the deeision of the City for not requirin�the replacement of the trees that were cut
' dnwn in the area tha#were Iiving and �vell. From the applieation,to the permit there was no
� individual tree considerati�n; and no posting of the tree removal at the site. Trees on pravate
property vvere faken down by the cvntractor under#ha common area perinit-3n r�vhich a separate
Fj' permft shauld have been applied for that private property.
��
Pat Guernsey
• ��
S
�'at Guernsey
1103 West Wiangedfoot Circle
Winter Spz-ings, Flarida 32719
July 22, 2014�
Dear Ms. Guernsey,
Thank you so rnuch f4r the apport�t�ity to meet with you regarding the condition af the trees
_ _ growing on�he�rope�r y acljaceiit to yours:�t wa.���a�r�: -— - _�.
You ir�formed me �hat three years ago, a company came out to remove �he undergrowth of
vegetation arpund these trees. A "spray" was applied ta the whole area. As a result, a11 the
vegetation in the area died and the canopies of these trees died baek to the main trunks. Since
then new s}�rau�s have started along the branche� below th� dead carzopies. This is an indication
tl�at the trees are sti11 alive.
As you have.expxessed a desire to try and save these trees, �ny recommendations would be as
follovvs:
1. All dead wood should be cut back well into the Iive wood.
2. The whole area shoulc�be fertilized�hroughout�he g�owing season, (s�ring through fa.11),
at six to eight week intervals with a genexal type fertilizer such as a 10-10-10.
3. One inch of water�hould be applied to�ie whole area twice a�reek.
�. More areas of these trees wi11 clieback after�he initial p�un�ng, This dead wood should be
prunec�out as i�occurs.
Should you have az�y questions regarding thzs iza.£arn�ati�n,p�ease do not hesitate to contact rne.
Sincerely, �
�� ��.�..�''� ,,
A1i�e Tate Barnett -
�SA Certif ed Arborist, (FL-5625A}
B. S. Ornamental Horticul�e �
407-340-537�
B b arira 603 68 @aol.com
• PAT GUERNSEY
1103 West Winged�'oo�Circle,Winter Springs,FL 3270$
P.().BOX 195549
WINTElt SPRINGS,FL 32719-SS49 PHONE: 407-365-2436
Email:patriciaguernsey@att.net CELZ: 407-341-3I13
July 3I,2014 HAND DELIVERY {acknowledgement)
City of Winter Spriztgs
Permit Department
�12b�ast R 434
Winter Springs,FL 3270$
RE Arbor Perm�t Number 24I402136
FOI.,�.OWUP�N :
Letter of protest and appeal of Permit approval issued 7/21/20�4.
This is to follaw up on n�€y protest and appeal flf Above permit isst�ed and issued without replacement
of trees. My appeal for the dec3sion vvas placed within 10 days of the permit approval and
ac�nowledged by Randy Sfevenson,Communi#y Development Directar. I am awa'rtng yonr 5 day
answer.
The city has�ve business days according to Ordinance 2011-I6 to decide on this appea[or grant an
extensioe�,which I woulc3 like in writing if you do not respond within the five days you are al[otted.
This consideration is of utmost iriiportance to me,as I and the other ho�neowners have lost a
valuable asset af a forest of trees in that common area d�e to the HOA negl'rgence and violatians of
that ordinance,and a shown below the inaction of the City to e�force'rts own ordinance and
regulations. . I insist and advise yoa doing yoar due diiigence in tttis appeal.
The HOA was required to followv the Beautificat'ron of Winter Springs Board Ordinance 2011-1b
that was given to the Countr�Club Village in January 3,2012. This Ordinance was distributed by
Mr.Steve Richart,Manager,Urban Beautification Services Division.Tt vvas given to the HOA to
fallow the guic�elines ig the Ordinance when tl�e HOA formed its Beaatification committee with its
misson to clean up the common areas within Country Ciub Village.
As the homeowner be�efiting directly frorn this common area,I have zncurred damage from Ioss of
the ameni�y as well a direct da�rtage to two trees of mine(still standing),azalea bushes and ferns on
my property as well. The acts beiow show that the HOA vialated these ardinances on several
cou�►ts. In this case it may be necessary to extend your decision of appeal so that discovery of the
facts can be brought forth. I am one of the home owners adverseiy affec�ed by the HOA to take on
this project of cleaning up the common areas. 12 of the 39 trees were directly behind my house.
It is their acts and violat'rons that caused the damage to the trees in the common area: They are
outlined belor�v:
1' These trees are under the protection zone of the cit�'s forest of trees and regulatians r�vere
established under the ordinance for the HOA to fallow-Most all of the trees are specimen trees
within the DBH of the requ'rrements and the HQA was obligated to follo�those guidelines.
z' Under these circumstances,the HOA was sapposed to get a permit ta do thc land clearing.
The HOA in July 2012 authorized a cantractor to clear the common area WFW. I do not
know if they obtained a permit(they should have). T want ta find ouf—because if they did not,
t�at was their FTRST VIOLATION-no pertnit???.
3' Tlte"tree rernoval' goes back to that period that they went on tbe comma�area 2 years ago to
clean,cut,apply chemieals around the tree trunk.s by your definition of"tree removaP'. The
time of tree removal is not July 2014,it is July 2012. Tl�is is a decisio�and act that followed that
caUSed �nost al�of the trees to die �vv'rth'rn a period of 2 years. There was no other time the HOA
went on that cornmon area again until the trees were cut down July 2014. It does not mean
that the'rr ittYention was to eause the trees to die,bat that they did not follow ordinance
g�idelines,did not monitor or provide m€easures to assure tlze survival. The eity then 'rn 2014
determined they were severely diseased or injured and allowed the trees to be t�ken down.
This was their SECOND VYOLATYON-the Act in 2012 in 44 clearrng" caused them t4 die. I don't
think Proper clearing methods were applied to keep the trees safe and healthy.Tf the clearing
was to be permitfed,all the fhe procedures in clearing should be have been in place and the
situation wonld nat have happened.
4. Permit or not in 241.2, the City Arborist is charged the responsibility to review and oversee AT.L
activ'rties vvithin the city limits which involve tree removal,la�d clearing,or damage to aad by
any tree. The Arborist does not have authority to vary any pla�s, permits or agreements under
this ordinance. The Arborist told me on 3uly 22 she has been"monitoring the trees for 2 years".
There was a severe change in the nature and health of the trees aftier the clearing. She was
aware or should have been aware of�vhat specifrcally brought them into the stressed condztion.
There should have b�en a permit in 2012 that outlined what was to be done on the land clearing
so that proper land clearing would be done�a keep the trees safe. There should be no qnestions
on this.We taxpayers pay for an Arborist and City government to enforce cades. If the work
done in 2012 was done without permit o�manitaring or If spraying had been done,there should
have been proper preventive�na'rntenance/soii sampling afterward in the treed areas to insure
the safet�of the trees. This is the THIRD VIOLATION.-responsibility ta�eep the trees safe
after land clearing,chemical application. Responsibility on the HOA as well as the City Arborist
aud City.
5. k'oUowi�ng up witl�4 above, During the two years the Arborist was aware of the conditian,ta my
knowledge no effort on the part of the City or HOA was done to do the due diligence to protect
those trees after the"land clearing". She s�ould have known the HOA had been in there to
clear-as this has been their�nission on these con�amon areas for close to 3 years. I cannot believe
the Arborist's only actian is to�ust let these trees sit. My Arborist letter defined some actio�s to
the trees to keep them healthy. The City's intervention into the monitoring for 2 years
resulted NO ACTION-JUST LET THEM DIE ? The cluster of trees has been there for 75 plus
years and have remained health an their own. T�e same as a lot of the common areas in CCV
and Tuscawilla. The trees left alone by nnan will aut survive all of us. But man intervened and
caused these trees to be in stress and then did noth�ng bUt sit for twa years and watch them
die??FOURTH VIOLATYON: City is Not follovving your own protection regulations to protect
the city forest. Your t`na action"to do anything is a violatian on yaur part pcotect the city
farest."
6. City Arborist did not come in and inspect the trees after the application in 2014 was pat in. She
did not insure that the permit was posted. That is required in your own regulat�ons. She stated
so herself,the last time she was out there was two weeics prior�a�l�e application. The
regulations say to inspect after the application not two weelzs before. The same day the
application was put in,an approval vvas issued. That is not righf. She ignored my plea to come
oat there. Unfortu�nately,none of the home owners were given any warni�g of the problern vvith
the trees for the two years or ever—no notice in the newsIetter or letters to the af#'ected
homeowners. This was a silent sweeP of events that led ta fhe trees being felled. FIF'Y`H
VIOLATION. NO POSTING �.�TH�PERMIT ON THE SITE EITH�R BEFORE DiJRING
OR ARTER REIVIOVAL.
7. There was no separate drawing or diagram s�owing the location and size of the trees to�e
removed in relation to�he site on the 24�4 application;and most likely none on the original land
clearing permit in 2012{if at all). There were"struct�res within 10 feet" Eact�permit should
be completed in fnll, The appiication requires'T'I�e origina12412 permrt(rf one at all)should
have outlined in Section 2 rneasares to protect the existing tree during and after land clearing.
The copy of the application i vvas given by tt►e Arborist of the 2014 permit was jUSt a smail
printout. She told me that was it. Invalid and incompete permit application (2014}whicl�
was approved by the City without inspection or monitaring; a►adlor no permit(2412)r�vithont the
City's required due diligence of tree maintenance or replacement following the tree"demise"
within 2 years.. This is an abomination. We are not talking about 1,5,or ten trees�buf 39?! A
whole forest. STXTH VIOLATION. Incomplete,invalid or oo permi�at all.
I appeal the decision of the City to alIow this permit without reqniriag tree replace�nent.. Yoa issued
the permit for°�trees severely diseased or injured." T�is allows the city to require no replacement.
However,the permit is in errar,as the"tree removal"period began 2 years ago in July. The City
was well aware of the tree prablem (according to the Arborist)and supposedly manitoring the
situation ar 2 years. No measures�ere done in that 2 year period ta pro�ect the trees. �f a permit
vvas not iss�ed in 2012 for the land ctearing,then this is a violation in itself and the party responsible
shouid be under scrutiny�nder the dekinition under the ordinance of"tree removal". Tlte land
clearing was done probably without permit,(most likely by a contractor withont credentials or
insuraz�ce}and if with a permit received no�neasures during or after the clean up were done ta
protect the trees within the 2 year period by the HOA or the Crty upon discovery of t4e eondition.
There is no point in having the tree protection and preservation ordinance i�'its own body that
Adopted it will Qot enforce it. SO MUCH I`OR Y�UR 2013 ARBORIST OF THE Y�AR AWARD.
DO TI�E RIGHT THING AND EN�ORCE THE TREES TO BE REPLACED BY THE
RES�ONSISLE PARTY.
1'lease respond within the 5 days you were allotted and/or respond with a written extension.
Pat Guernsey
• PAT GUERNSEY
llU3 West Winged Foot Circle,Winter Springs,FL 32708
P.O.BOX 195549
WINTER SPRINGS,FL 32719-5549 PHONE: 407-365-293b
EmaiC:patriciaguernsey@attnet CELL: 407-341-3113
August 1,2014 Acknowledgement received
City of Winter Springs Date
Permit Department
l 12b East R 434
Winter Springs,FL 32708
RE Arbor Permit Number 201402136
2°d FOLLOWiJP
REQUEST REPLY TO MY INI'I`IAL PR�TEST DATED 7/2812014. YOU ARE REQUII2ED TO
REPLY WYTHYN 5 BUSINESS DAYS(AUGUST 4,201.4). YOUR INACTION TO REPLY IS TO
BE AN ASSUM�D DENIAL OF MY PROTEST/APPEAL TO THE CITY FQR ISSUING A
PERMIT W�THOUT TH�REQU�REMENT�'OR TREE REPLAC�MENT.. A�'ORMAL
REQUEST FOR APFEAL WILL BE MADE AND SEN'�TO HIGHER AUTHORITlES
Letter of protest and appeal of Permit approval rssued 7/2112014. Protest issuance of permit as it
--
should have been iss�ed wtth a reqnirement to replace the Ere�s because of the clean up
actions/inaction af the HOA and City of Winter Sprin�s be�inning less than two vears ago is
effeetively a"tree remova! action of live healt�y trees caused bv a deliberate act of the HOA.
Citv of Surin�s was a ioi�nt partnex in the beauti�cation nroiect of t�e HOA for.Countrv Club
ViUa e. Re uest reversal of ermit which was issued without tree re lacement
The spraying of chemica[s in July/August 2012 caused the demise of trees. It is obvious,as the
grnand all around the spraying area has not come back for 2 years,neither weeds,vines,or the ferns.
There were ferns all in tl�e forest of trees. I have pictures of the entire area. They sprayed the whole
area,except leaving a 2 foot border of fern around the perimeter. That border remained.-and the
part of the border an my propertythat is there, still remains healthy. This prnves Ehat the deliberate
ACT of spraying caused the tree's dem'rse and over the last two years. This ciean up projeet should
have been a permitted cleanu�and supervised by the City of Winter Springs.
Protest for the 12 trees directly behind my house vvhich�cvas part of the 39 trees that were removed.
T�ese trees were alive and we112 years ago,and what damage�r stressed conditian tl�ey were in
vc�as due directly�n the Country Club Hameowner contractiog#'or the cieantup praject of the
common area behind my house beginning in 2p12..The City o�Winter Springs was well avvare oi
�heir projeci mission to clean np common areas. The City as a resalt issued the Beauti�cation of
Winter Springs Board to the Board Jannary 3,2U12 for the HOA before any cleanup had began.
These were to be the guidelines to pratect the city forests. Any cleaning or chemical applications
Were to be done by permit and supervised the the City Arborist.
The City is just as responsible far the health and condition of��e trees and the method of cieanup
tha�was to be dane. The City and the HOA were to jointly worl�an protecting those trees with
w�atever was to be done in their Beautication project regarding the common areas.Your action or
inactran as a governing body makes you just as liable. In 2012,when the clean up project was to
6egin,the HOA or contractor should have appCiec�for a permit to clean ap. At t�at time the City or
City Arborist shauld have determined if these#rees were healtt�y enavgh to undergo chemical
application and whatever else was done to the treed area. . If�hey were not healthy enough for the
cieanup,then a pertn'rt st�ould not have been issued. After the elean up,measures shaald have becn
taken to preserve the trees.
The protest of this�er�nit Number 201402136 must be considered in conjunetion wefh the actions of
Ehe HOA's clean up project startec�in 2Qi2,�cvh'rch vvas the start of the demise of the trees. .
In this case,both tt�e HOA and City af Winter Springs failed to protect t�xe trees. This constitr�tes
tree removal_a_f live heaithy trees beginning in 2012. By your ordi�►ance defnition of tree removaI
which means
"ANY ACT which will cause a tree situated on real property to die within a two year period from
the time of act inc[uding,bnE not limited to,by cutting,girdli�g,relocating interfering with the water
supply,applying chemicals,regarding around the base of the tree trnn�."
This is the basis that the permit to remove the trees shouCd have been done with a requirement to
replace.These were nat severely damaged trees less than 2 years ago I demand an answer to this
protest. It has been more than fve days since�xzy letter ot'protest aad appeal,July 2�2414. r
demand a repiy. I intend to have a 30 day appeal,since I am ta assume by yonr inaction that you do
not intend to reverse your dec'rsion.
I am also intending on reporting th'rs to tt►e State and Federai agencies if yvu do not act in a
responsible and prudent way: You have heen given a�thority and power to protect and preserve the
trees. It was your duty from the beginning of fhe cleanup project to supervise any"acts"thereof.
The trees were alive and well two years ago,until the HOA ir�conjunction with the City'rntervened.
The erxnit should be done with re uirement to re lace.
Pat Guernsey
i
• PAT GUERNSEY
�
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... .....,,_:: .,-....._- _.,,_:�-�--- �" r
1�03 West Winged Foat Circle,Winter Springs,FL 3270$
P.O.BOX 195549
WINTER SPRINGS,FL 32719-5549 1'HONE: 407-365-2936
Email:patriciaguernse,y(�,�rt�net CELL: 407-341-3113
Angust 4,20l 4 Acknowledgement Received Date
City of Winter Springs Signature
Permit Department
112b�ast R 434
Winter Springs,FL 32708
RE Arbor Permit Number 201402136 Protest/Appeal for issuance
3"d�'OLLOWUP
I received your emaiI(attached}that I wiIl have an answer to my pratest/appeal by Thursday,
August 7"',2014,(attached),which is the S business day deadline from July 31 for the City to answer
to my protest issuance of the above permit or grant an extens'ron in writing before your deadline.
On that date if I da not have your ansvver in wrifing,then I have my right for an extensioa�and
An appeal within 34 days. Please be advised to give me an answer and/or an extension. If your
Answer is no on the protest of the appea[,then I request an appeal of your decision.
Letter of protest and appeal of Permit approval�ssued 7/2112014. Pratest issuance of nermit as it
should have been issued with a re uirement to re lace the trees because of the clean u
actionslinaction af the HOA and City of Winter Snriz� s� be�.mning travo vears a�o co�stitutes"tree
removat".
� � �
�
�at Guernsey
Encl: email from Randy Stevenson ,Connmunfty Development Director
• PAT GU�RNSEY
1103 West Winged Foot Circle,Winter Springs,�'L 32708
P.O.BOX 195549
WINT�R SPRII�TGS,FL 32719-5549 PHONE: 407-365-2936
Email:patriciaguernsey@at�rtet CELL: 407-341-3113
A�gnsf 4,2014 Ac�nowledgement Received Date
City af Winter Springs S'rgnature
Permit Department
1126�ast R 434
, Winter Springs,FL 32708
R�Arbor Permit Number 201402136 Protest/AppeaI for issuance
3°d FOLLOWUP
I received your email(attached)tk�at I will have an answer to my protestl appeal by Thursday,
Augus�7t�',2014,(attached),which is the 5�ausiness day dead�'rne from July 31 for the City to answer
to my protest issuance of the above perm'rt ar grant an extension in writing before your deadline.
On that date if I do not have your answer in writing,then i have�ny right for an extens'ron and
An appeal within 30 days. Please be advised to give►ne an answer and/or an extension. If your
Answer is�to an the protest of the appeal,then Y request an appea�of your decisio�.
Le�ter of protest and appeal of Permit appraval issUed 7/2�/2014. Protest issuance of nermit as it
shatrld have been issued with a req�irement to replace the trees_because of the clean �p
actions/inaction of t�►e HOA and Cit of Winter S rin s be innin two ears a o constitutes"tree
removal".
Pat Guernsey
Encl: email from Randy Stevenson,Community Developme�►t Director
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'` � � CITY OF V1111VTER SPRINGS, FLORIDA
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� Incorpma[ed 1126 EAST STATE ROA�434
1�§�
WINTEf2 S�R]NGS,�LORIDA 32708-2799
'�L�g��O� Telephone:{407)327-5957
ksmith@w'snterspringsfl.org
Kevin L. Smith
City Manager
Aug�t 7, 2014
Ms. Pa�Guernsey
�103 West�Vingedfaat Circ�e
W�nt�r Sprizngs,Florida 32708
Dear Ms. Guernsey:
We�xe u�aeceip�of y�ur appeal of City Az�bor Permi�Number 201402�36,issued�r�Juiy
21, 2014 ("Perr�it"). The PermiY at iss�e aut�orized the applic�nt, the Co�fiay Cl�b V�ilage
I�omeowners Assaciat�o� ("H�A"}, to �emave 39 �rees from cort�mon area or�ned �xd
z�aintained by the HOA. You, as a 1Qt avvner Io�ated immedia$eiy �djacent to th� HOA's
compno� area upcan which the �ees were removed, have appealed #�e dec$sion related to twelve
(12) af these t�ees, which �rees w�re located d�rectly behincl your properiy at 1103 ��st
Wingedfoot Circle.
The Ciiy o�'V4�intez� Sp�ngs requires #�hat a pe�it be obta�ned in order fo�any person to
��gage i� tree remov�.� vvithin �he City. See s. S-4, City Code. Ciiy Code provides, in relevant
p�ri, that �ree removal xn�an.s any aet whicla v�ll c�axse a tree situated an xeal �ropez�y to die
vv�thin a pe�oc� of tw� (2� y�ars �rom the titt�e of the ac�incl�di�g, bt�t�ot limited to,by euttirng>
gisding, relocati�g, i��e�feri�g wit}� th� �rater supplY� �PP�Y�g chear�icals, ar regradi.ng aro�d
#he base�f the tr�e ixaank. Sse s. 5-3{z), G�ty Cod�.
Prior to isse,�ance o� the P�rmi.t, the City Arborist inspe�ted the 39 trees at iss�e ar�d
dete�ed th�t the tr�es were deaa�., severe�y diseased or severely in��ed pa�rsuaa�t to Ciiy Code.
See s. 5-4(b}{3)> �ity Code. `�erefore, as specifically set forth in th�Per�t,tlae follov,�ing trees
were re�ove� �nd are not req�ed to be replaced: t�irty-sev�n �37) dead sar�d Iive oaks behind
West �iV�nged�oot Cir�le, one (�) dead �ir�� behind 13$6 Ae�gusta Natio�a.l Boulevard, ari�l one
(�) dead pi�e behind 1�1 b West Winged�oo�Circle. None o�the removeci trees were s�aecirne�a
trees as de�ned by Ci�y Code. See s. 5--3(t). City Code_
'Yflu� appea.t corresponder�c� indicates that at some pair�t � 2012, �e HOA rnay have
spray�d t�e common a�ea. �vi� chemicals that caused disea�e o� injury to the trees at issue.
�hil� khe City Arborist deter�nia�ed t�Ztat�e trees at issue �net th� Ct�de standard for r�rmoval of
dead, severe�y diseased �r injured 8rees, �he Ci� �as r�o� receiv�d sufficient evide�ce t�at th�
I��A sprayed damaging che�nica�s upon th� tree� ir� 2012, or #hat any such sprayang caused a
dec�ine ira the health of the tr�s �ausing the 1r�es tc�be in�he stat�t7�.at they wexe i�at the�ime o�
their removal.
Sased an the foregoing, yo�r appeal is der�i�d. Please be advised #1��t a�y person
adversely aff�:cted by an adBninast�a�ve dec:ision c�f the c�iy manager under this chapter may
appeal that interpretation to �he ciiy commissior� by filing a written �otice of appeai of said
interpr�#atian wifil�in t�irty (34) cale�dar days o�' said interpaeta�ion. Faz�.ur� to file ar� appeal
within the tinr�e periods required b�t1�is subsec�i�n shall r�su�t in tb.e adrninistr��tive interpxetation
to b� declared final and sha11 be dee�nect a waiver of the person's right to fiirthe�appellate review
a�nd proceedin�s. The city comrnissian shall de�ide said appeal �aithin thirty (30) days o�the
city's receipt�f said not�.ce of appeal a�d the city�a�ssio�'s�ecisior�sha11 be final. Except fo�
�the �andatory ti�ne periods requi�ed for the notice of appeal, �e time per�ods required for a
dec�s�Qn a�ay be extended by mutual agreernent betvv�en the city and the person filing the notice
o�appeal.
�i�cerel ,
evin Sm' C�.ty Nf ger
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PAGE LOCA710N KEY MIAP WITH'I&2 M3LE RA�IUS RINGS . � Developed By: Southeastern Surveying&MapprngCorp.