CITY OF SARASOTA MINUTES OF THE MEETING OF THE TREE ADVISORY COMMITTEE February 27, 2019 at 4:00 p.m. in the SRQ Media Studio Members Present: Michael Halflants, Chair Michael Gilkey, Jr., Vice Chair Members Mary Fuerst, Chris Gallagher, Rob Patten, Trevor Falk (arrived at 3:09 p.m.) Members Absent: None City Staff Present: Timothy Litchet, Director of Development Services and Secretary to the Tree Advisory Committee Mark Miller, Senior Arborist Joe Mladinich, Legal Counsel Angela McLeod-Wilkins, Development Services I. CALL MEETING TO ORDER AND ROLL CALL TAC Chair Michael Halflants called the meeting to order at 3:00 p.m. Secretary Timothy Litchet read the roll call. Chair Halflants asked all in attendance to mute or turn off their cell phones and reminded those who would be speaking to speak into the mictophones. II. PLEDGE OF CONDUCT Secretary Litchet read the Pledge of Conduct adopted by the City Commission of Sarasota. III. CITIZEN's INPUT 1. Jono Miller - Mr. Miller stated that he does not believe that money is the same as mitigation and that mitigation offsets known impacts to oxygen, temperatures, or stormwater. Mr. Miller suggested that the TAC distinguish between tree removal and tree relocation for issue #6 and suggested that the TAC develop a layman's guide of the motions. 2. Lou Costa - Mr. Costa stated that the City does not have a plan to encourage homeowners to plant in the right-of-way and stated that the pilot program is meant to provide a viable plan that would be part of the urban forestry program. 3. Norm Dumaine - Mr. Dumaine stated that he supports the pilot program and that cooperation with the City has benefits. Mr. Dumaine noted that his community is providing funds for improvements to the community watering system to ensure the survival of newly planted trees. Mr. Dumaine suggested that the preferred tree list be expanded to include more palm trees. 4. Doug Means Mr. Means stated that removal of trees on heavily treed existing lots seems to be dealt with in a punitive way under the current code. Mr. Means suggested that there should Minutes of the Meeting of the Tree Advisory Committee February 27,2 2019 at 4:00 p.m. in the SRQ Media Studio 2 of 5 be distinction between landscape requirements for redevelopment, new development and existing homes. The TAC and city staff discussed the difference between relocation and removal of trees and whether fees should apply to relocation of a tree on the same property. Member Patten made a motion and it was seconded by Member Fuerst. Motion No. 1: A motion to waive fees for relocation of a tree. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. IV. APPROVAL OF THE FEBRUARY 13TH MEETING MINUTES Member Patten made a motion to approve the minutes and it was seconded by Member Fuerst. The February 13th meeting minutes were approved as submitted, unanimously. V. REVIEW MOTIONS TO DATE The TAC and city staff discussed motions related to like, kind tree replacement. Mr. Mladinich presented potential legal issues related to motions to date to include mitigation in DBH inches and aggregate, mitigation as it applies to palm trees, and the manner in which preferred trees are going to be preferred. Mr. Mladinich also presented on the conflicts of the intent statement added to Issue #1, as well as the additions of A and B of Issue #1 related to re-landscaping. The TAC discussed potential issues presented by Mr. Mladinich. A motion was made by Member Fuerst and was seconded by Member Patten. Motion No. 2: A motion to eliminate A and B from Motion No. 1 of Issue #1 and to add language for standard mitigation, simplified permit language, and over density exception. The TAC and city staff discussed the motion. Secretary Litchet clarified the motion. Minutes of the Meeting of the' Tree Advisory Committee February 27, 2019 at 4:00 p.m. in the SRQ Media Studio 3 of5 Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. The TAC discussed the multiplier incentive related to preferred trees, palm trees for mitigation, palm tree protection, and the Cabbage Palm fee structure. Vice Chair Gilkey made a motion and it was seconded by Member Fuerst. Motion No. 3: A motion that palm trees, with the exception of Cabbage Palms, will not require mitigation upon removal. Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. Vice Chair Gilkey made a motion and it was seconded by Member Fuerst. Motion No. 4: A motion that Cabbage Palms shall require one to one mitigation and that Cabbage Palms or other trees from the Preferred Tree List may be used for mitigation or a $200 fee may be paid if the Cabbage Palm cannot be mitigated on-site. The TAC and city staff discussed the motion. Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. The TAC and city staff continued to discuss the specifics of a multiplier incentive related to preferred trees. Minutes of the Meeting of the' Tree Advisory Committee February 27, 2019 at 4:00 p.m. in the SRQ Media Studio 4 of5 Member Fuerst made a motion and it was seconded by Member Patten. Motion No.5: A motion to utilize a multiplier credit of 1.5 DBH towards the total mitigation required when using a tree from the Preferred Tree List, with the exception of when Cabbage Palms are utilized for mitigation. Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. The TAC discussed tree credits and other options for replacement trees. VI. DISCUSS MOTIONS ON TOPIC #6 = ARE THE CURRENT FEES CHARGED FOR TREE REMOVAL AND FOR MITIGATION OF REMOVED TREES FAIR AND REASONABLE? SHOULD THERE BE A DIFFERENTIATION BETWEEN SUCH CHARGES THAT ARE IMPOSED ON HOMEOWNERS OF RESIDENTIAL PROPERTIES AND ON OWNER/DEVELOPERS OF COMMERCIAL PROJECTS? The TAC discussed the fee for removal of Grand Trees as it relates to single family properties and whether the cost is fair and reasonable. It was determined that narrowing the designation of Grand Tree by evaluation of pertinent characteristics may help preserve exceptional trees. Arborist Miller presented his findings related to Grand Tree grading systems, discussed his concerns for point-based evaluation criteria in regards to protection, and presented his recommendations. The TAC and city staff continued to discuss Grand Tree rating characteristics such as DBH, health and structural integrity. The TAC requested that Arborist Milller develop a more reliable definition of Grand Tree and they discussed the differences between good and moderate tree health. VII. DISCUSS MOTIONS ON TOPIC #7 REVIEW PROPOSED CANOPY TREE ORDINANCE AND PROVIDE COMMENTS OR RECOMMENDATIONS REGARDING THE PROPOSED ORDINANCE. The Tree Advisory Committee did not discuss Topic #7. Minutes of thel Meeting oft the Tree. Advisory Committee February 27, 2019 at 4:00 p.m. in the SRQ Media Studio 5 of5 5 VIII. DISCUSS MOTIONS FOR TOPIC # 8-1 IN ADDITIONTO ITEMSITHROUGH7; THE COMMITTEE SHALL BE FURTHER AUTHORIZED TO MAKE OTHER RECOMMENDATIONS REGARDING POTENTIAL AMENDMENTS TO THE CITY's TREE PROTECTION ORDINANCE (ARTICLE VII, DIVISION 3.1 OF THE ZONING CODE) AS THE MAJORITY OF ITS MEMBERS DEEM APPROPRIATE. The Tree Advisory Committee did not discuss Topic #8. IX. DISCUSS UPCOMING TOPICS The Tree Advisory Committee will be discussing how to appropriately define Grand Tree status and will also be discussing motions related to Topics #7 and #8. X. DISCUSS NEXT MEETING DATE The date for the next meeting was confirmed for Wednesday, March 20, 2019 at 4:00 p.m. The date for the following meeting was confirmed for Wednesday, March 27, 2019 at 4:00 p.m. XI. ADJOURNMENT The meeting was adjourned at 6:04 p.m. 12 A Miehmclinflants, Chair Timothy Litlet, Secretary ocws - Malay cheiz