CITY OF SARASOTA MINUTES OF THE MEETING OF THE TREE ADVISORY COMMITTEE February 13, 2019 at 3:00 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 Members Absent: None City Staff Present: Timothy Litchet, Director of Development Services and Secretary to the Tree Advisory Committee Mark Miller, Senior Arborist Don Ullom, 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 microphones. 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 encouraged the TAC to experiment with a bounty on invasive species of trees and stated that he would support Cabbage Palms at a height of 14 feet as mitigation trees. Mr. Miller also suggested that the TAC collect data related to the number of permits sought, granted, and denied, the number of trees planted, valid complaints, invalid complaints, and fines for tree removal, for presentation to the City Commission. 2. Norm Dumaine - Mr. Dumaine suggested that the TAC review the pilot program proposed by Mr. Costa and encouraged the TAC to expand the list of Florida-friendly palms to include palms other than Cabbage Palms. IV. APPROVAL OF THE. JANUARY 16TH AND JANUARY 30TH MEETING MINUTES Member Patten requested that the height of palm trees acceptable for mitigation be changed on the January 16th meeting minutes from 8 feet in height" to 8 feet in clear trunk height". The January 16th meeting minutes were approved with the correction. Minutes of the Meeting of the Tree. Advisory Committee February 13, 2019 at 3:00 p.m. in the SRQI Media Studio 2 of 6 The January 30th meeting minutes were approved as submitted. V. REVIEW MOTIONS TO DATE The TAC discussed motions made for Issue #1, Motion #1. Member Fuerst suggested that Motion Number 1 from Issue #5 be moved to Issue #1. The TAC moved the motion from Issue #5 to Issue #1 by consensus. The TAC continued to discuss Issue #1. Member Gallagher questioned whether the TAC has effectively answered Issue #1. The TAC discussed Issue #1 and associated motions as well as the mitigation fee schedule. A motion was made by Vice Chair Gilkey and was seconded by Member Fuerst. MOTION: A motion for a description ofintent to accompany each Issue addressed by the TAC. We would like to addj flecibility for a residentially ommed private properly to re-landscape tbeirt privateby-onned properly SO long as a Grand Tree is not removed and the tree is appropriately mitigated) for: The TAC and city staff discussed the motion. Vice Chair Gilkey restated his motion: We would like to addj fecibility to tbe re-landscaping gfaj privately-owned residential lot S0 long as a grand tree is not removed and tbere is appropriate miltigation. The TAC and City staff discussed mitigation and over density and continued to discuss Issue #1. Secretary Litchet read the motion on the table. Mr. Gallagher questioned the relevance of motion #2 and Motion #4 for Issue #1. The TAC continued to discuss the motions to date. Secretary Litchet reminded the TAC that there was a motion on the table and restated the motion. Member Gallagher asked for clarification regarding how the TAC will be answering Issue #1. The TAC had a discussion related to mitigation as a pay or plant option. Minutes of the Meeting of the Tree Advisory Committee February 13, 2019 at 3:00 p.m. in the SRQ Media Studio 3 of6 6 Secretary Litchet reminded the TAC that there was a motion on the table and that the motion needed to be amended, withdrawn or voted on before making the next motion. The TAC discussed how the motion should be clarified. Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, and Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. The TAC discussed mitigation and phrasing for additional language for Motion No. 1 for Issue #1. Member Fuerst made a motion and was seconded by Member Falk. MOTION: A: motion to add to intent and as # 10 that should the resident not meet the characteristics of 1 through 9, then they will have the option to pay into the tree mitigation fund sO long as the trees are consistent with the minimum requirements for new construction. Member Patten stated that he was concerned that the motion could undo much of what the TAC: has achieved. The TAC discussed the motion. Secretary Litchet repeated the motion. Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gillkey, Member Fuerst, and Member Falk were in favor. Member Gallagher and Member Patten were opposed. The motion passed 4-2. Member Fuerst suggested that Motion Number 6 from Issue #1 language be amended to 8- foot clear trunk heighe" and was apptoved by consensus. Mr. Mladinich proposed the language to change "existing residential primaty home" to "residents occupying a single family residential home" and the language was approved by consensus. The TAC briefly discussed Issue #1, Motion #2. No amendments were made. Minutes of the Meeting of the' Tree. Advisory Committee February 13, 2019 at 3:00 p.m. in the SRQ Media Studio 4 of 6 The TAC discussed Issue #1, Motion #3 related to Grand Tree description and characteristics and evaluation criteria. No amendments were made. The TAC discussed Issue #1, Motion #4 related to preferred trees, specifically palm trees. No amendments were made. Member Gallagher suggested that a distinction be made between public property and rights- of-way for #2, Motion #1. Secretary Litchet agreed that the language should be clarified to distinguish public property from rights-of-way. Chair Halflants stated that if there was no motion to change the language, the TCA would move on to review the next motion. No motions were made to amend the language. Chair Halflants suggested that a distinction be made between public property and rights-of-way for Issue #3, Motion #1 as well as for Motion Issue #2, Motion #1. No amendments were made. Chair Halflants noted that Issue #3, Motion #2 originally passed unanimously. No amendments were made. Mr. Mladinich recommended that the undesirable tree list from Issue #1 be moved, as he explained it was more appropriate to accompany issue #4. Vice Chair Gilkey suggested that the preferred tree list may be a more appropriate accompaniment to the issue of mitigation. Mr. Mladinich stated that the lists could be moved to address the most appropriate issue. Motions for Issue #5 were not discussed, as Chair Halflants stated that they could be further addressed during a discussion regarding Issue #6. 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 Tree Advisory Committee and city staff discussed recommendations related to fees for tree removal and for mitigation in terms of new development, existing development, new single family construction, and existing single family homes. A motion was made by Member Fuerst and was seconded by Member Falk. MOTION: A motion to change the fees in Section TI(A) to: Fees DBH in Existing New Existing New inches Single Family Single Family Development Development 4" or more $40 $100 $100 $125 Grand Tree $300 $300 $300 $300 Minutes of the. Meeting of the Tree Advisory Committee February 13, 2019 at 3:00 p.m. in the SRQ Media Studio 5 of 6 Chair Halflants prompted a vote. Chair Halflants, Vice Chair Gilkey, Member Fuerst, Member Patten, and Member Falk were in favor. Member Gallagher was opposed. The motion passed 5-1. The TAC and city staff discussed mitigation fees for palm trees. Member Patten made a motion to change the fees in section C to $50 for the removal of any palm tree for existing and new single family homes and that the fee remain at $200 for existing and new commercial development. There was no second to the motion. The TAC decided to continue the discussion regarding removal and mitigation of palm trees at the next meeting. 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. VIII. DISCUSS MOTIONS FOR TOPIC # 8-] IN. ADDITION TO ITEMS1THROUGH7, 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 continue the discussion of Topics 6: related to palm trees and will discuss Issues 7 and 8, including the Tree Pilot Program at the upcoming meeting, ift time allows. X. DISCUSS NEXT MEETING DATE The date for the next. meeting was confirmed for Wednesday, February 27, 2019 and the: meeting time was changed from 3:00 p.m. to at 4:00 p.m. Minutes of the Meeting of the Tree Advisory Committee February 13, 2019 at 3:00 p.m. in the SRQ Media Studio 6 of 6 XI. ADJOURNMENT The meeting was adjourned at 5:00 p.m. Michael Halflants, Chair Timothy Litchet/ Secretary