CITY OF SARASOTA MINUTES OF' THE MEETING OF THE TREE ADVISORY COMMITTEE May 23, 2018 at 5:30 p.m. in to City Commission Chambers Members Present: Shawn Dressler, Chair Michael Halflants, Vice Chair Members Mary Fuerst, Chris Gallagher, Michael Gilkey, Jr., Rob Patten, Trevor Falk Members Absent: AIl members were present. City Staff Present: Timothy Litchet, Director of Development Services and Secretary to the Tree Advisory Committee Mark Miller, Senior Arborist Don Ullom, Arborist Angela McLeod-Wilkins, Development Services I. CALL MEETING TO ORDER AND ROLL CALL TAC Chair Dressler called the meeting to order at 5:35 p. m. Secretary Litchet read the roll call. TAC Chair Dressler reminded everyone to speak into the microphones for clear audio recordings. II. PLEDGE OF CONDUCT Secretary Litchet read the Pledge of Conduct adopted by the City Commission of Sarasota. III. CITIZEN's INPUT Chair Dressler announced that the number of requests to speak during the Citizen's input segment of the meeting exceeded the normal thirty-minute limit. Chair Dressler suggested that all who signed up to speak be allowed, given that the purpose ofthe meeting was to increase input from the community. All Committee members were in favor. 1. Diane Desenberg - Ms. Desenberg first stated that at one time she attempted to obtain a permit to remove a tree on her rental property and was told that she would have to hire a contractor. Ms. Desenberg stated that she was capable of removing the tree and would have preferred to do it herself. Ms. Desenberg then stated that the idea of an urban forests value depending only on the canopy it provides is too limited and reflects a bias against activities in agricultural areas such as agriculture and livestock production. Ms. Desenberg then explained that she has maintained a food forest in her yard since 2000 and that her 1/3-acre property supplies most of the produce enjoyed by her family. Ms. Desenberg stated that treating urban forests as valuable for their food production as well as their canopy is desired. Ms. Desenberg stated that many aspects of the current ordinance hinder food production and noted that food production should be an objective Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 2 of9 for the City of Sarasota. Ms. Desenberg added that many of the provisions in the tree ordinance make food production less accessible. Chair Dressler allowed the Tree Advisory Committee members to raise questions during the citizen input segment of the meeting. Vice Chair Halflants asked which part ofthe tree ordinance was problematic for Ms. Desenberg. Ms. Desenberg responded that she prefers to start growing a new tree before removal of an old tree and that the ordinance specifies removal of a tree with mitigation to follow. Ms. Desenberg also explained that some trees which are fast growing and are ready to be cut after only a short time, such as papaya, may: reach a size of 4 inches, impeding her from removing the tree once it no longer producing. Ms. Desenberg also stated that the height requirements of mitigation trees can be a hinderance to harvesting. 2. Glen Mast - Mr. Mast, owner of Mast Drafting and Design, designs residential structures. Mr. Mast noted several benefits and drawbacks of trees and stated that preexisting trees are sometimes situated in inconvenient spaces of vacant lots and that the smaller the lot is, the more difficult the tree requirements are to uphold. Mr. Mast explained that the people who purchase such lots have spent large sums of money to build their dream homes and have many restrictions. Mr. Mast provided a document to the TAC that noted the types and amounts of trees that should be used on lots of specific sizes. 3. Paul Nielsen - Mr. Nielsen stated that he has 42 trees on his 1/3-acre property. Mr. Nielsen noted his frustration with restrictions on removal of trees on residential properties and his difficulty locating fines for the removal of trees without a permit. Mr. Nielsen stated that the ordinance is written for developers and that he believes homeowners should be exempt from the tree ordinance. Mr. Nielsen also stated that he read in the newspaper that a citizen was subject to a 20,000 to 30,000 dollar fine for the removal of an unpermitted tree. Secretary Litchet informed Mr. Nielsen that the fines are listed in the tree ordinance and that he would be happy to provide that information. Secretary Litchet also explained that trees removed without a permit are subject to a fine of up to $225 per inch of tree removed and clarified that the news story Mr. Nielsen was referring to was in Sarasota County, not the City of Sarasota. 4. Laura Carter - Ms. Carter stated that she is the President of Community Solutions 360, a not for profit builder and developer. Ms. Carter stated that the tree ordinance has created mitigation related issues that affect costs to the company related to certificates of occupancy. Ms. Carter stated that she would prefer to know how many trees will bei needed for mitigation on at the beginning of the process SO that the monies needed can be included in the budget rather than relying on a contingency to pay for the mitigation later. Member Fuerst asked if the housing was affordable housing. Ms. Carter stated that Community Solutions 360 is affordable housing, serving people who are 80% the AMI or lower. Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 3 of 9 5. Joseph Russo - Mr. Russo explained that he owns a small development company that builds almost exclusively in the City of Sarasota. Mr. Russo stated that his recently purchased property on Hibiscus Street does not accommodate the number of required trees with the large home that his client would like to have built on the site. Mr. Russo noted that his preference is that the type of trees to planted on a property should be determined by the homeowner. Mr. Russo stated that he would like to request time on the next agenda for an additional presentation. Chair Dressler stated that the appropriate way to do sO is to coordinate directly with him before the next meeting. Member Patten inquired ifMr. Russo had removed any grand oak trees on the property. Mr. Russo stated that he has not removed any grand oak trees, but that he had been fined on a number of trees he removed that were larger than 4 inches. Mr. Russo explained that he does not believe that a charge should be incurred to remove trees within a building footprint and that the owner should be charged to remove remaining trees on the property, if they chose to remove them. 6. Renee Gluvna - Ms. Gluvna approached the TAC regarding a Ficus Benjamina and a Norfolk Island Pine tree on her neighbor's S property. Ms. Gluvna expressed concern regarding damage to her home and pool that may result from the root systems of the trees. Ms. Gluvna stated that, per the city arborist, a permit cannot be issued for removal of these trees because they are considered to be healthy, not dangerous and are not on the list of invasive or undesirable species. Ms. Gluvna also expressed concern that the Norfolk Island Pine may topple in heavy winds and explained that it costs her 500 dollars to have the branches on her property trimmed, and 750 dollars for root pruning at the pool deck edge with installation of 30 feet of bio barrier. Ms. Gluvna urged the TAC to research these two species and requested that the Committee recommend to the City Commission that both species be classified as nappropriate for small residential properties and permit their removal. Ms. Gluvna also stated that her HOA planted a Phoenix Reclinata palm with the intention to sell when it became too large. According to Ms. Gluvna, the HOA is now unable to obtain a permit to remove the palm and sell the tree for profit toward the HOA's funds. Ms. Gluvna also explained that the tree has become a financial burden, as it requires trimming up to 4 times per year and stated that the Phoenix Reclinata is now considered a class 2i invasive species. 7. Lou Costa - Mr. Costa approached the Committee regarding the need for flexibility in the tree ordinance. Mr. Costa stated that the City should consider community input and that most homeowners want to plant on their property. Mr. Costa noted that the guiding principal for the tree ordinance should be the right plant in the right place and stressed that the downtown core, mainland suburbs, and barrier islands are distinctly different areas with different tree needs. 8. Jude Levy - Ms. Levy referred to the May 9th Tree Advisory Committee meeting and expressed her preference for the City to create and implement an urban forestry program. Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 4 of 9 Ms. Levy commented that she is very excited about the prospect of an urban forest in the City of Sarasota and urged the TAC toward a more open and flexible route to creating the ordinance. 9. John Harshman - Mr. Harshman stated that there are more trees now than when he arrived in Sarasota years before and that the City should be very proud of the progress made regarding trees. Mr. Harshman mentioned his belief that property owners' homestead addresses should be exempt from the tree ordinance and requested that the City make it easier to remove trees in areas of intense development. Mr. Harshman noted that the fees for tree removal should be reasonable to encourage intense development in the downtown core and discourage urban sprawl. 10. Josh Graber - Mr. Graber, owner of Graber excavating, explained that he finds the current requirement for tree barricades to be excessive and a wastefull use of trees, noting that the cost to the customer is 900 dollars. Mr. Graber also explained that he is unhappy that he is facing 13,000 dollars in fees for the accidental removal of a 28" tree. 11. Jono Miller - Mr. Miller commented that he agrees with the option of using canopy rather than trunk size as a metric for tree canopy and suggested that the City provide increased flexibility for tree removal and replacement on well-treed lots. Mr. Miller suggested that the ordinance exempt trees that are on the invasive list from requiring permits for removal and suggested that Norfolk Island Pine trees and Ficus Benjamina be added to the list of nuisance trees. Mr. Miller also referred to his suggestions from previous Tree Advisory Committee meetings that the Committee should gather data on tree permits and the tree fund prior to making recommendations to the City Commission. 12. John Ryan - Mr. Ryan stated that he is employed by Sarasota County in the stormwater program and was recently given the assignment of researching whether there is value to tree canopy as a stormwater best management practice. Mr. Ryan will be considering the cost of promoting tree canopy as opposed to the benefits of removing stormwater pollution, which he explained is a normal practice in pollution management. Mr. Ryan explained that the Sarasota County stormwater program monitors the bay water quality, creek water quality and impaired waters, and that one of the biggest challenges when attempting to reach acceptable storm water pollution levels is the impervious nature of cities. Mr. Ryan stated that opportunity for improvements is limited. Chair Dressler stated an inquiry regarding grant potential for the City of Sarasota if a stormwater pollution reduction plan that utilizes tree canopy is enacted by Sarasota County. Mr. Ryan stated that Sarasota County provides many stormwater services to the city and that a grant may be possible. Vice Chair Halflants inquired about the role of trees in stormwater pollution management. Mr. Ryan explained that while trees drop leaves that add to pollution, in highly impervious areas, such as Main Street, the interception of rain by trees prevents the water from reaching the water body, thereby impeding pollution. Mr. Ryan further explained that stormwater that lands on sidewalks or streets is routed into storm drains enabling excessive Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 5 of 9 pollution to make its way into waterbodies. Mr. Ryan stated that trees over the sidewalks and streets are capable ofi intercepting the water of small storms. Mr. Ryan explained that small storms are responsible for a great deal ofthe water pollution and that in the City and small storms generate runoff. He then stated that in Myakka State Park, for example, small storms do not generate runoff. Member Gallagher remarked that pollution and the amount of stormwater that has to be dealt with seem to be two separate issues. Mr. Ryan agreed 13. Dan Lobeck - Mr. Lobeck asked the Committee to reject the position of prior speakers who asked to be relieved of the burden of maintaining, protecting, and replacing trees. Mr. Lobeck stated that trees perform important aesthetic and functional values for the community and that the Tree Ordinance should not be gutted" as some propose. Mr. Lobeck stated that although the City must protect constitutional rights, the City has broad authority to protect trees consistent with those rights under the law and should do so fully, in the public interest. 14. John Dickson - Mr. Dickson stated that he is dissatisfied with the development in Whitacre Bayou by Ringling School of Art and Design and noted that his property is scheduled to be a parking lot for the school. Mr. Dickson stated that the tree mitigation for the Ringling School project does not seem sufficient and that the mitigation plan should be reviewed. Chair Dressler: informed Mr. Dickson that mitigation plans are public record and are available for review. IV. APPROVAL OF THE MAY 9TH MEETING MINUTES There was a motion to approve the May 9th meeting minutes. All were in favor. None were opposed. Member Patten referred to Mr. Miller's comments related to information regarding numbers of permits and violations and stated that the committee had previously requested the information. Arborist Miller stated that he could provide a list of permits. Secretary Litchet stated thathe is aware that Member Gallagher requested a great deal of information and stated that if there is specific information that is requested City staff will do their best to acquire it. Secretary Litchet also stated that he could inform the committee on what is available and what is not available and stated that there are spreadsheets of the trees that have been removed, tracking of mitigation, trees, and annual visits. Secretary Litchet stated that he has already provided information regarding payments into the tree fund and would be happy to provide it again and that information regarding code compliance cases could also be provided. Secretary Litchet then explained that information regarding complaints can be printed, however there are many informal complaints that are not documented and reiterated that the Committee is very specific in their requests. Member Patten questioned Secretary Litchet whether he had knowledge of the number of trees removed illegally in the City. Secretary Litchet explained that the knowledge for every tree removed illegally is not information that is available because that information is Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 6 of 9 unknown. Secretary Litchet stated that if the Committee has an interest in the number of trees cited for illegal removal, that information can be provided, but explained that the list would not be exhaustive due to the uncertain nature of illegal tree removal. Secretary Litchet also explained that there have been requests from Member Gallagher for information that does not exist and that would be extremely difficult to gather. Member Gallagher stated that he had anticipated some of the information requested would be unavailable. Member Gallagher then made a request for any information that is readily available. Secretary Litchet explained that generally the committee would come to a consensus regarding such requests, which prevents several different members from making overlapping requests and a better time economy for city staff. V. COMMITTEE TOPIC - DISCUSSION RELATED TO MISCELLANEOUS PROVISIONS IN ADDITIONTO ITEMS 1 THROUGH 7 OF THE DUTIES OF' THE' TREE ADVISORY COMMITTEE Chair Dressler explained that the TAChas been give the responsibility of 8 items and that 7 of those have been discussed at length in the previous meetings. Chair Dressler stated that the eighth item for discussion would encompass additional items that were not specifically assigned for review by the Tree Advisory Committee. Member Gilkey stated that it seems the: need for tree protection and flexibility are recurring themes regarding the tree ordinance. Member Gilkey suggested that risk assessments be performed on all trees to be removed to understand whati is being lost by removing the tree and what is to be gained by planting a new tree. Member Gilkey specified that assessments should be conducted by certified professionals and should include a density study, overalll health, age, species of the tree and risk of tree on specific property. Chair Dressler remarked that it would be advantageous to look at all aspects of a tree rather than just one for a risk assessment purposes. Member Gilkey referred to the current ordinance provision that during development, roots larger than 3 inches must not be cut and stated that factors such as species of tree, distance of root from the tree, and whether there is a management plan for the tree should be taken into consideration to create flexibility on this provision. Member Gilkey suggested early assessment regarding properties that have been over planted by a previous owner or on which trees were planted in the wrong place and stated that an avenue for correction should be implemented early on. Member Gilkey also suggested that there should be decreased protection for certain types of trees, and more flexibility for individual homeowners versus new home builds and commercial development. Member Gilkey suggested that a mitigation plan should be part of a long- term plan and should not be subject to the large tree requirement, as he noted that the growth of smaller trees may be more vigorous. Member Gilkey remarked that planting mitigation trees on nearby private property presents liability issues for landscapers. He then presented the option of giving money for mitigation to the homeowner and instructing them to obtain a separate contract for mitigation tress. In addition to right tree right place, Member Gilkey noted that there should be verbiage and flexibility in thei new tree ordinance around planting smaller trees under powerlines and under existing canopy, near a structure or hardscape. Minutes of the' Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 7 of 9 Member Fuerst expressed her agreement with Member Gilkey's suggestions and also stated that in addition to trees, it: is also important that plants be planted in the right place. Member Gallagher stated that the TAC needs to decide if the more appropriate avenue to improvement of the tree ordinance is wordsmithing or a complete overhaul. Member Gallagher also noted thatt the effect of the tree canopy on the City is still unknown. Member Gallagher stated that there is a significant need for the right tree right place and remarked that different areas of the city have different needs. Member Gallagher suggested that the TAC discuss at length whether the city should be responsible for planting, removal and maintenance in the right of way and on public property. Member Gallagher also suggested an in-depth discussion related to whether flexibility should be applied to other sections of the zoning code that require tree placement, such as parking lots, and whether there should be a permanent Tree Committee. Member Gallagher commented on the need for an urban forestry plan and stated that rights-of-way and parks are favorable for the placement of trees. Member Gallagher also recommended that the TAC have a future conversation regarding tree mitigation being tied to the size of the permit, and perhaps some options to relieve the fee by planting. Secretary Litchet stated that some of the information that Mr. Gallagher was attempting to obtain, such as data regarding percentages of tree canopies in the City's parks and downtown mixed-use properties, is not available and that cannot be obtained. Secretary Litchet also stated that requests for information pertaining to the removal of trees in 2002, the year before the tree protection ordinance was implemented, is unavailable because permits were not issued at that time, thus tree removal information was not collected. Secretary Litchet: noted that the City had previously provided the count from 2007 and that it can be provide again if requested. Member Patten stated that he originally fought to strengthen the tree ordinance due to large trees being removed from his neighborhood. Since then, Member Patten stated that his experience with the tree ordinance has motivated him to suggest changes to increase the flexibility. Member Patten recommended that the TAC shows leadership and present a recommendation for an urban forestry division within the planning department that is responsible for developing a strategic urban forestry plan for the City within 3 years. Member Patten stated the urban forestry plan should rely on community values and consensus, develop a well-defined vision, utilize partnerships with the university extension and others, be monitored every 5 years based on measurable criteria, and that the success of the plan will be determined by how well the community values are implemented. Member Patten also suggested that the TAC recommend to the City Commission that Dr. Northrop provide a 30-minute presentation for them. Member Patten also noted a summary of his suggestions related to items 1 through 7 to include such topics as property owners' ability to remove healthy trees in order to landscape, right tree right place, agreement with urban food production, and replacement of hazardous trees with appropriate trees. Member Patten agreed with Arborist Miller and stated that science should be the basis of the new ordinance. Member Patten also stated that technologies that ensure better health of planted trees should be implemented and Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 8 of 9 suggested that removal of invasive trees be exempt from fees or mitigation. Member Patten suggested that the sliding scale mitigation standard should be changed and recommended that some funds possibly to go toward an urban forestry program. Member Patten added that fees should be increased for commercial development mitigation and that removal criteria of trees should be species specific. Member Fuerst stated that the ordinance is difficult to navigate for homeowners and recommended a simpler, easy to read, flexible, reasonable tree ordinance that works. Member Fuerst commented that the urban forestry program is the best route for a sustainable canopy. Vice Chair Halflants stated that the tree ordinance was well-intentioned but discourages planting and he agreed that existing single-family homes should bei treated differently from new construction. Vice Chair Halflants also agreed that tree permits should be tied to the size of the construction. Vice Chair Halflants stated that simplicity is important and remarked that Mr. Litchet and city staff spend an enormous amount of time related to tree ordinance issues. Vice Chair Halflants suggested that the TAC evaluate tree lined streets. He also suggested that trees that will remain after new development should be: incentivized. Vice Chair Halflants commented that one option would be the allowance of square footage that is not buildable due to the presence of a tree to be reused somewhere else on the property and noted that perhaps this should only apply to grand oak trees. Vice Chair Halflants added that it is the City's responsible assist in the reduction of urban sprawl. Member Falk agreed with Member Gilkey's suggestions, specifically regarding the effect of tree roots on utilities, and invasive and protected tree species. Member Falk agreed with Member Gallagher and Vice Chair Halflants regarding the size of size of construction determining tree mitigation fees and spoke in favor for the development of a progressive tree canopy program. Member Falk stressed that the need for maintenance of trees before they become a nuisance or a trip and fall hazard should be part of the urban forestry plan and he agreed with canopy size as the metric for canopy rather than trunk size. Member Falk agreed with Member Fuerst that a clear and more understandable code is tavorable for residents and developers. Member Falk regarded awareness of landscaping expectations as a necessity for developers with the current upsurge in the construction of large apartment complexes within the downtown core. Member Falk added that developers should have increased fees for mitigation as long as the code: is clear and free of unexpected costs. Lastly, he suggested that root control technologies be written into the code. Chair Dressler stated that he agreed with all most of the Committee's suggestions. Chair Dressler stated that he is very much in favor of an urban forestry program and that it is an avenue to a proactive approach to developing a sustainable tree canopy. Chair Dressler agreed with Member Gallagher and restated the importance of the TAC's decision to either amend the existing tree ordinance or rewrite it completely. Chair Dressler added that there will most likely be quite a few changes to the current tree ordinance and that the new ordinance will incorporate the clearly spelled out vision and goals that the community has expressed. Minutes of the Tree Advisory Committee Meeting May 23, 2018, at 5:30 p.m. in the City Commission Chambers 9 of 9 Chair Dressler also stated that some of his miscellaneous items for discussion are very technical in nature. Chair Dressler commented that currently chain link fences are required as a barrier for grand trees and stated that chain link fences are unnecessary as boundaries. Chair Dressler also stated that the current tree ordinance states that even a dead tree cannot be removed ifi iti is inhabited by Avion species. To this point, Chair Dressler stated that there are very definite guidelines as to which species of birds are protected and the new ordinance should be specific and consistent with preexisting guidelines. Chair Dressler also stated that he does not believe that class one invasive trees should require mitigation and expressed his support for mitigation fees that are determined by the size of construction. Member Patten stated that he does not believe that the new code needs to be drastically different, nor does he believe that the responsibility of the Tree Advisory Committee to make significant alterations to the current tree ordinance. Member Patten remarked that he is interested in addressing items that will change how the ordinance is being administered. Vice Chair Halflants stated that he questions the flexibility of the new ordinance. As an example, Vice Chair Halflants noted that it would seem difficult to develop a list of every species of tree. Member Gilkey stated that the list would begin with the known invasive species and that licensed and accredited professionals should guide the process. Member Gilkey also stated that there will always be questionable tree species that may require further review. Member Patton stated that there are some species listed as invasive are still favorable. VI. DISCUSSION OF UPCOMING TOPICS Next agenda will be a discussion ofrecommendations based on topics previously addressed in the Tree Advisory Committee's duties number 1 through 8. VII. DISCUSSION OF NEXT MEETING DATE The date of the next meeting was confirmed for June 13, 2018 at 3:00 p.m. The meeting will take place in the Commission Chambers. VIII. ADJOURNMENT The meeting was adjourned at 8:48 p.m. Shawn Dressler, Chair Timothy Litchet, Secretary