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HomeMy WebLinkAbout2003 01 06 Arbor Ordinance Review Advisory Committee Minutes CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING JANUARY 6,2003 I. CALL TO ORDER The Tree (Arbor) Ordinance Review Advisory Committee Meeting was called to order on Monday, January 6, 2003 at 5:00 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Committee Member Marshall Allen, present Committee Member Gary G. Diller, present Committee Member Carol FottIer, present Committee Member Byron Giltz, present Committee Member Darcy Meagher, arrived 5:50 p.m. Committee Member Brian J. Oliver, present Committee Member Roger Owen present Committee Member William Reischmann, present Committee Member Brian Giltz distributed an article from the City of Winter Park's newsletter. II. CONSENT CONSENT A. Approval of the November 18, 2002 Meeting Minutes. Ms. Marilyn Crotty, University of Central Florida, Florida Institute of Government, 35 West Pine Street, Orlando, Florida: inquired if there were any additions or corrections; and noted that on the first page, second paragraph under Regular Agenda Item "A" that "Bert Property Rights" should read "Bert 1. Harris Property Rights." "I MOVE THAT THE MINUTES FROM NOVEMBER 18TH BE APPROVED AS AMENDED." MOTION BY COMMITTEE MEMBER DILLER. SECONDED. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING - JANUAR Y 6,2003 PAGE 2 OF 5 CONSENT B. Approval of the December 2, 2002 Meeting Minutes. Ms. Crotty asked for a Motion if there were no additions or corrections to the Minutes. "I SO MOVE." MOTION BY COMMITTEE MEMBER DILLER. SECONDED. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED TOGETHER AS DOCUMENTED. .:..:. III. REGULAR REGULAR A. Opportunities For Environmental Improvements. REGULAR B. Opportunities For Administrative/Procedural Improvements. Next was a presentation by Mr. Mike Mingea, City Forester/Environmental Inspector, Community Development Department who reviewed a handout entitIed "Arbor Ordinance Review", and suggested some improvements to the current Arbor Ordinance [Number 2002-08]. Discussion ensued regarding civil fines and the process for appeal. Committee Member Bill Reischmann stated, "Who has the power from the City to go out and hand something," a piece of paper that says you owe the City $5,000.00. City Attorney Anthony A. Garganese said, "That would be - a citation. That would be a citation power, Code Enforcement Officer - Mr. Mingea." Committee Member Reischmann replied, "But that is under [Chapter] 162 and - it is my understanding those have to be set in advance pursuant to an Ordinance or a Resolution - if you violate Section 5-14., Tree Protection during Development. It is spelled out in advance what that is going to be. That is inconsistent with this range of seven factors for determining what you want - this civil fine to be." Attorney Garganese stated, "I will go back and take a look at Chapter 162 and see if you have to actually set the amount specifically." Committee Member Reischmann then stated, "My understanding under Part 2 of [Chapter] 162 is that the - Statute says if you are going to impose these fines in order to make them uniform amongst Violators you have got to set them up in advance. What I am seeing in Section 5-18 and I am not saying it is wrong - I am saying that is another option to the City for enforcement. In addition to the Code Enforcement Board, in CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING - JANUARY 6, 2003 PAGE 3 OF 5 addition to the citation system, I am saying there is a third penalty which is civil fine which can be up to $5,000.00 and here are these determining factors. But I don't know who does it and how they determine where it is appealed to and does it go to County Court. Well I know a civil citation does but what about this." Attorney Garganese agreed that he would research Florida Statutes Chapter 162 and this issue would be discussed in the future. Committee Member Darcy Meager arrived at 5:50 p.m. Tape I/Side B .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. REGULAR C. Public Input. 1. Overview Of Opportunities for Improvement. 2. Public Input. Mr. Gene Lien, 1173 Winged Foot Circle, Winter Springs, Florida: suggested separation from Residents and Developers be added to the Ordinance; that the Ordinance should include a policy regarding the removal of trees that are causing damage to property and spoke of zero lot lines. Brief discussion. Ms. Beth Hallenbach, 663 Murphy Road, Winter Spring Florida: commented on concessions having been made to Developers but not to Residents; and that there should be separate Ordinances for Developers and Residents. REGULAR D. Committee Discussion. With discussion, it was suggested that the Committee decide whether the City should have separate Ordinances for Residents and Developers. Discussion. Tape 2/Side A Attorney Garganese commented, "The more that you discriminate between the two (2) without any rational basis, without any reason - the less defensible the Ordinance will become." CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING - JANUAR Y 6, 2003 PAGE 4 OF 5 Ms. Crotty asked the Members of the Committee whether there should being two (2) Ordinances. By consensus, the Committee agreed not to have separate Ordinances. The Committee next discussed education of the Residents; further protection needed for trees on neighboring properties; and whether a "Checklist" should be included in the Ordinance. Discussion. Attorney Garganese suggested, "Maybe the distinction that we want to talk about ahead - has already been mentioned. Developed versus undeveloped property, not so much residential versus commercial. If you have an existing development, maybe different standards should apply to the tree removal versus an undeveloped site where somebody actually has to come in with a new Site Plan and - handle it that way. It is just an idea." Brief discussion. The Committee began reviewing the definition "Land clearing" and Ms. Crotty said, "Let me ask you something Yvonne [Ms. Froscher, Environmental Consultant] - as the Consultant, I think it might be good for you to revise this language based on the discussion you had rather than lay people trying to sit here and wordsmith and you come back with a new definition that we can then say we like or don't like or want to change this word or that word but it might be scientifically sound." The Committee agreed by consensus. Discussion Tape 2/Side B Following a brief discussion concerning the definition of a "Specimen Tree" the Committee agreed by consensus that the standard diameter would become "Twenty-four (24) inches." The Committee then discussed Primary and Secondary Tree Protection Zone and Committee Member Reischmann suggested tying the Land Development Regulations into the Ordinance. Attorney Garganese said, "That is a very good point. Let me go back and make sure it is tied in really well with the Land Development Regulations. The only reference that gets you into the Land Development Regulations is on page 9." Additionally Attorney Garganese stated, "It is giving the person a heads up that they need to get an application for tree removal in when you are doing - your entire site development; but it doesn't refer specifically to Land Development Code Sections." Discussion followed regarding the Development Review Committee. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW COMMITTEE MEETING - JANUAR Y 6, 2003 PAGE 5 OF 5 After a brief discussion the Committee agreed by consensus to include the word "Fibrous" in the definition of "Tree". Discussion. IV. REPORTS This Agenda Item was not discussed. V. FUTURE AGENDA ITEMS With consensus the following dates were set for the next three (3) Meetings of the Tree (Arbor) Ordinance Review Advisory Committee. · Wednesday, January 22,2003 - 5:00 p.m. · Monday, February 3, 2003 - 5:00 p.m. · Wednesday, February 26, 2003 - 5:00 p.m. VI. ADJOURNMENT Ms. Crotty adjourned the meeting at 7:49 p.m. RESPECTFULLY SUBMITTED: JANICE PALLADINO Boards and Committees\Tree (Arbor) Ordinance Review Advisory Committee\alll\Minutes\O I 0603 MEETING.doc NOTE: These Minutes were approved at the ,2003 Tree (Arbor) Ordinance Review Advisory Committee.