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HomeMy WebLinkAbout2002 11 18 Arbor Ordinance Review Advisory Committee Minutes CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING NOVEMBER 18, 2002 I. CALL TO ORDER The Tree (Arbor) Ordinance Review Advisory Committee Meeting was called to order on Tuesday, October 21, 2002 at 6:00 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Members Attendance: Committee Member Marshall Allen, present Committee Member Gary G. Diller, present Committee Member Carol Fottler, present Committee Member Byron Giltz, present Committee Member Darcy Meagher, present Committee Member Brian J. Oliver, present Committee Member Roger Owen, present Committee Member William Reischmann, absent II. REGULAR REGULAR A. Overview Of Legal Requirements. City Attorney Anthony Garganese apologized for his absence at the prior meeting; spoke of two (2) cases of homeowners challenging their Municipalities' Arbor Ordinances; and of "the box that we all have to operate in when we prepare Ordinances like this one." Next discussed were Code Enforcement and the process for collection through various means such as injunction, liens, and foreclosure; and the Bert J. Harris Property Rights Act. .:..:. AGENDA NOTE: THE REGULAR AGENDA WAS DISCUSSED AS DOCUMENTED, WITH THE FIRST TWO ITEMS DISCUSSED TOGETHER. .:. .:. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING - NOVEMBER 18,2002 PAGE 2 OF 5 REGULAR B. Review of Current Ordinance (No. 2002-08) and Legal Content. REGULAR C. Overview of Legal Review. Attorney Garganese reviewed the recitals of the Ordnance; Intent and Purpose; and Section 5-3. Definitions. Discussion ensued regarding the definition of Primary Tree Protection Zone; Specimen Tree; and why "Champion Trees" was not included in the definition section. Mr. Mike Mingea, City Forester/Environmental Inspector, Community Development Department responded, "At the moment I don't know that we have one." Discussion followed regarding a recent request for tree removal brought before the City Commission; the right to appeal; and whether City licenses should be reGuired by tree service companies. Discussion. Tape lISide B Mr. Mingea explained to the Committee the procedure for a tree inventory [Section 5-6 (a) (1)]: replacement criteria; questioned who is required to obtain the tree inventory; and whether there should be "Clarification on the numbers that this would apply to." Discussion. Next discussed were the criteria, reviewing standards, the application and fees for obtaining a permit; and differences between specimen and historical trees. Mr. Mingea suggested, "That maybe additional incentives should be given for historical trees." During the continuing review of the Ordinance discussion ensued regarding the possible need for clarification "On what defines a tree and what defines a replacement tree"; the appeal process for administrative interpretation of the Ordinance; and enforcement and penalties. Tape 2/Side A Following the completion of the Ordinance review, discussion proceeded concerning who determines the market value of a tree that is to be paid to the Tree Bank. Mr. Mingea remarked that he tries to keep up "With what the market is" but suggested that that might "Be better defined." City Manager Ronald W McLemore arrived at approximately 7: 15 p. m. Brief discussion. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING - NOVEMBER 18, 2002 PAGE30F5 It was questioned whether it would be legal "To set up some type of a - Board" to assist in the permit process. Attorney Garganese stated, "There are just different ways to approach the situation. The City could create a special board to hear certain applications but - because of the concern the you just raised, you notice that I went through that provision that if anyone disagrees with Mike's [Mingea] interpretation they go to the City Commission on appeal because - we were afraid of one person that has been delegated all this authority with no check and balances would be a bad thing." Brief discussion. Mr. Mingea was asked to explain how Staff enforces the Ordinance and discussion developed regarding adequate staffing; the need to educate residents; and the process Mr. Mingea follows once a complaint has been received. Attorney Garganese was asked what a Property Owner's recourse is when a neighboring property constructs a home, re-grades the property and "It causes impact to their neighbor's lot. Is there any way for the City to address that or does that just need to be addressed between property owners themselves." Responding Attorney Garganese stated, "Is it a private matter or does it trigger a violation of this Ordinance. I am not sure. I will have to go back and see if this Ordinance branches out that far. Is it just the destruction of the trees that are being developed or does it also include across the boundary." Additionally discussed was "Removal of tree or trees by non-property owners" in buffer or conservation areas. Attorney Garganese read Section 5-4. (c) (4) "The extent to which Tree Removal is likely to result in damage to the property of other owner, public or private, including damage to lakes, ponds, streams, or rivers though runoff or erosion." Discussion. Issues For Future Consideration By The Committee: . Champion Trees. . Contractor (Tree Removal Licensing). . 5-6 A (1) - Inventory Requirement. . Additional Incentives For Protection Of Historical Trees. . 5-13 Minimum Tree Requirement Size Different Definition From Preferred List. . Clarification Of Value Of Replacement Tree Fees Paid Into Tree Bank. . Create A "Tree Board" (Checks And Balances). . Enforcement - Staffing. . Education Of Residents. . Damage To Tree Neighboring Property Due To Action By Property Owner On Lot Under Development. . Removal Of Trees By Of Non Property Owners. . Accountability Of Expenditures Of Monies In Tree Bank. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING - NOVEMBER 18,2002 PAGE40F5 REGULAR D. Public Input. Ms. Beth Hollenback, 663 Murphy Road, Winter Springs, Florida: questioned the deadline for submitting "Support papers." Ms. Crotty explained that the Committee had set the date of January 15, 2003 as the deadline. Mr. John Bush, Mayor Elect, 21 Tarpon Circle, Winter Springs, Florida: spoke of Mr. Mingea being very helpful in working with him in the past but is concerned with "Recommending an Ordinance which I don't think the City can enforce with one person" and asked if the recommendation to the City Commission should include additional staff to do this job." Additionally Mr. Bush said, "So it is one of those issues that I think has to be considered. Do we hire Policemen, Fireman or a Forester? It really - because there is just so much money that can be spent without raising taxes without earning more income, etcetera, etcetera. Is that something you all have thought about?" Ms. Crotty responded, "At this point in our deliberations probably not, but as we continue - this discussion I think that that infonnation would be something - to think about." REGULAR E. General Committee Discussion. Briefly discussed was whether there is any accountability of the Tree Bank to the Public. Manager McLemore stated, "You can not draw any funds out of any fund that the City has without the appropriate paperwork to back it up. There has to be a purchase order issued and states what the purpose of that expenditure is in order for the Finance Department to authorize that expenditure. It is audited every year by independent auditors and all of purchase orders are available to any member of the public that wants to review them." Next discussed was contributing one hundred dollars ($100.00) to the Tree Bank rather than replacing a tree with the City Commission's approval. Brief discussion. III. FUTURE AGENDA ITEMS Tape 2/Side B The Committee agreed to hold their next Meeting on December 2,2002 at 5:00 p.m. IV. REPORTS This Agenda Item was not discussed. V. ADJOURNMENT CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING - NOVEMBER 18,2002 PAGE 5 OF 5 Ms. Crotty adjourned the Meeting at 8:19 p.m. RESPECTFULLY SUBMITTED ~~ DEBBIE GILLESPIE ( DEPUTY CITY CLERK Boards and Committees\Tree (Arbor) Ordinance Review Advisory Committee\alll\Minutes\I I 1802 MEET1NG.doc NOTE: These Minutes were approved at the January 6, 2003 Tree (Arbor) Ordinance Review Committee.