CITY OF SARASOTA MINUTES OF THE MEETING OF THE TREE ADVISORY COMMITTEE August 30, 2018 at 3:00 p.m. in to City Commission Chambers Members Present: Shawn Dressler, Chair Michael Halflants, Vice Chair (arrived at 3:03 p.m.) Members Mary Fuerst, Chris Gallagher, Michael Gilkey,Jr., Rob Patten Members Absent: Member Trevor Falk 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 Chait Dressler called the meeting to order at 3:00 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 1. Patrick Gannon - Mr. Gannon approached the Committee regarding a balance between natural and man-made systems. Mr. Gannon explained that the application of the current mitigation standards has resulted in a 60% canopy reduction for new development in the Rosemary District and is not aligned with the City's goal to move toward an urban forest. Mr. Gannon noted that the current tree mitigation scale is not sufficient and encouraged the TAC to make mitigation changes to the Tree Ordinance that are congruent with the action strategies of the Environmental Protection chapter of the City's Comprehensive Plan. 2. Dan Lobeck - Mr. Lobeck stated that the current Iree Ordinance should not be weakened and noted that trees are an asset to the residents and visitors of Sarasota. Mr. Lobeck urged the members of the TAC to abstain from representing those who would destroy trees for development projects and described such representation as inappropriate. Mt. Lobeck stated that penalties for unlawful removal of trees should not be lessened and that public and private Minutes of the' Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 2 of 9 trees should have at least as much protection as they have under the current Tree Ordinance. Mr. Lobeck urged the TAC against supporting those who value profit over nature. IV. APPROVAL OF THE AUGUST 15TH MEETING MINUTES Chair Dressler advised the correction of typographical errors. There was a motion by Member Gallagher, seconded by Member Fuerst to approve the August 15th meeting minutes with corrections. All were in favor. None were opposed. V. REVIEW OF GRAND TREES AT OARIANDS-WOODLAH CEMETERY Chair Dressler explained that a discussion about Oaklande-Woodlawn Cemetery would help llustrate the lack of flexibility in the current Tree Ordinance to remove trees that provide more liabilities than benefits. Photos of the trees at Oaklande-Woodhwn Cemetery were provide by staff and Chair Dressler asked Secretary Litchet to provide details regarding the photos. Secretary Litchet explained photos that presented Grand Oaks planted under powerlines that had been pruned at an angle. Secretary Litchet stated that the trees are otherwise healthy and do not warrant removal according to the current Tree Ordinance. Secretary Litchet stated that even thought he could not define the trees as an eminent hazard, they are not trees that should necessarily be protected. Secretary Litchet also explained that, in this particular case, there is more than adequate space for mitigation with better trees and that this is the type of conflict that city staff sees fairly often. Secretary Litchet suggested that the TAC may want to consider whether. Live Oaks should continue to be the only trees that qualify as Grand Trees and whether the health oft the trees and perhaps other factors should be used to determine Grand Tree status. Secretary Litchet added that it is common for city staff to encounter very large trees that are not particularly healthy. Chair Dressler stated that he considered it necessary to bring the trees at the Oaklands- Woodlawn Cemetery to the TAC's attention due to the involvement of Grand Trees and the opportunity available to plant mitigation trees subject to a plan. The TAC briefly discussed Sarasota County's point system of Grand Tree determination requirements. Vice Chair Halflants asked members oft the TACift they thought a system similar to the County's system could be drafted and tested for the next Tree Advisory Committee meeting. Chair Dressler referenced the overhead image of the cemetery trees and stated that for him, itis obvious the trees should be removed. Member Patten requested clarification regarding the reasons the trees do not currently qualify for removal. Secretary Litchet noted concerns as a new picket fence system that is to be installed, the proximity of the trees to the powerlines, and increased traffic at the cemetery. Member Patten asked for clarification regarding Mr. Grubb's requests from the August 15th meeting to remove trees up to 50 feet on either side of powerlines. Chair Dressler clarified that the request was not to exempt FPL from the ability to remove trees within 50 feet of powerlines, but for property owners to plant trees within 50 feet of powerlines. Chait Dressler explained that the TAC informed Mr. Grubb of the need to update their "right tree, right location" guidelines to reflect that different types of large trees have differing canopy shapes. Minutes of the Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 3 of 9 Member Patten asked Arborist Miller's opinion regarding the structural integrity of trees that have lopsided canopies. Arborist Miller stated that research shows that the root systems of lopsided trees will compensate for the canopy and stated that a tree such as this should not present issues in regular weather conditions. Arborist Miller also mentioned that during times when the ground becomes saturated, whole tree failure can occur due the condition of the ground in combination with the large canopies of Grand Trees. The TAC continued a brief discussion regarding powerline location and the removal of the Grand Trees at Oaklands- Woodlawn Cemetery. Vice Chair Halflants stated that he is in favor of using a point system to determine Grand Tree status but stated that there should still be a method beyond the point system that would allow the Arborists to make determinations in cases that are unclear. Chair Dressler agreed that he is also in favor of a point system for Grand Tree determination. Member Gilkey stated that he is aj proponent of the type of system that would allow an Arborist to assess multiple factors when determining tree preservation. Chair Dressler stated that he did not expect the TAC to make any specific determination on the Oaklands-Woodawn Grand Trees but wanted it to be part of a conversation to raise awareness about mitigation possibilities for Grand Trees that are in less than ideal locations. Member Fuerst also agreed with the idea of a point system. Member Gilkey stated that there should be a Committee that meets monthly to create another level of protection and flexibility and alleviate the responsibility of city staff to make determinations regarding cases that are unclear. VI. RECOMMENDATIONS REGARDING WHETHER THE SAME CRITERIA SHOULD BE APPLIED TO DETERMINE ISSUANCE OF A PERMIT TO REMOVE A TREE CLASSIFIED AS A CLASS II INVASIVE SPECIES AS IS APPLIED TO DETERMINE WHETHER TO ISSUE A PERMIT TO REMOVE A NATIVE TREE The TAC confirmed that they were in favor of reading comments provided by the members and using them as platforms for discussion. Member Patten provided an overview ofk his comments and stated that he is in favor of having separate criteria for Class II invasive species and native trees. Chair Dresslet stated that he would begin by reading Mr. Patten's comments: 1. The City will develop a localized list titled Invasive or Problematic Species' based on sound horticulture criteria. This list will be largely based on Category I and Category II FEPPC Invasive Plant Species Lists, with local modifications. The TAC confirmed consensus. 2. Then, other criteria could be adopted for the issuance of a permit to remove a tree listed on the City of Sarasota List of Invasive or Problematic Species. Criteria may include: Susceptibility to wind and storm damage Member Patten noted that the tree ofs Sarasota is the Tree of Gold, which can be very fragile during windstorms. Chair Dressler stated that many Trees of Gold are planted within close proximity to infrastructure. Minutes of the Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 4 of9 Aging characteristics as the tree matures Member Patten noted that aging characteristics are often observed with Laurel Oaks. Chair Dressler stated that these criteria seem to determine which species should be on the list and noted that removal ofinvasive trees should be incentivized. Chair Dressler suggested that noninvasive trees that pose potential safety risks should be evaluated on a case by case basis. Member Patten suggested that permit fees should be waived for invasive tree removal and that the City should consider a voucher program that utilizes funds received from illegal tree removal. Chair Dressler suggested the City create an invasive species removal program as part of an urban forestry master plan. Chair Dressler explained that such a program would allow property owners of certain property sizes to apply for invasive tree removal by City Staff allowing them to avoid the permit application process. Member Patten cautioned against providing such vouchers for the removal of native trees and stated that a program for removal should be for invasive species only. Chair Dressler stated that he agrees with a mitigation plan for some native trees, such as Laurel Oaks, and stated that some citizens do not have the financial means to mitigate after tree removal. Member Patten stated that development for low income housing has a criterion that is not as stringent per the current Tree Ordinance and suggested revisiting that portion of the ordinance. The TAC discussed situations in which tree mitigation is required. Secretary Litchet explained that the City struggles with allowing removal of trees that may be dropping limbs, as proof that the tree poses a threat is required before removal can be approved. Secretary Litchet noted that the point of decline is different for each tree. Member Patten asked Arborist Miller ifl he has any issues regarding Laurel Oaks with declining health and gaining the ability to approve removal. Arborist Miller explained that if the damage is evident, it is easy to approve a tree for removal, but that sometimes assessments are difficult due to limited access to the tree. Member Patten asked if problem branches could be removed rather than removing an entire tree. Arborist Miller explained that he discourages pruning of large branches on Laurel Oak trees because they do not heal properly after the removal oflarge limbs, which invites water damage and insect infestation. The Committee discussed the flexibility of tree removal and whether mitigation should be necessary for private property owners who would like to remove a healthy tree, and how the canopy will be affected overtime. Member Gallagher stated that he is not convinced that the TAC's suggestions regarding mictomanaging of privately owned property is going to solve problems for the City or support a healthier canopy long-term. Vice Chair Halflants agreed with Member Gallagher. Member Patten stated that the TAC was tasked with developing recommendations on several items and that he does not want to be in a position to inform the City Commission that the TAC thinks there should be no tree protection for private property. Member Patten noted that he does not personally agtee that there should be no tree protection for private property owners. Member Gilkey stated there should be more protection on required mitigation trees and private landscaping. Member Fuerst stated her concern that the Rosemary District has been stripped of trees. The Tree Advisory Committee continued a discussion regarding the rights of private property owners related to tree removal. Minutes of the Tree Advisory Committee Meeting August 30, 2018, at3 3:00 p.m. in the City Commission Chambers 5 of 9 Chair Dressler stated that he performed some calculations regarding the future impact on the tree canopy of the Rosemary District. Chait Dressler explained that 194 trees have been removed due to construction projects in the Rosemary District and that 305 trees were planted on those projects. Member Gallagher noted that there is no information on the quality of the trees removed. Chait Dressler stated that 3,379 inches were removed from the projects and 1,394 inches were planted per the criteria of the ordinance. Chair Dressler stated that the new trees were planted in a planned way and explained that in 7 years with a growth rate of 1 inch per year, there will be more inches in planned locations than there was to begin with and that the canopy will be improved. Member Fuerst noted Member Falk's comment from an earlier meeting that many of the trees that have been planted in the Rosemary District are palms whose canopies would not provide the same benefit as large canopy trees. Chair Dressler stated that palms were not included in his calculations as they are not measured in caliper inches. Vice Chair Halflants noted that palms must be replaced one for one per the current Tree Ordinance. Secretary Litchet stated that mitigation must be with a like-tree, with the exception of the barrier islands who are able to mitigate with palms. Chair Dressler stated that the development needs, residential property ownet needs, and environmental needs are being met long-term, and that the primary issues with the current ordinance are that the Ditector of Development spends 80% of his time dealing with trees and that residential property owners do not have enough flexibility. Membet Fuerst stated that het concern is for Grand Trees and "Champion Trees". Member Gilkey stated that lots with substantial canopy should be treated differently that lots without canopy coverage. VII. RECOMMENDATIONS REGARDING WHETHER THE CURRENT SLIDING SCALE" MITIGATION STANDARDS FOR TREE REMOVAL SHOULD BE REVISED, AND IF SO, HOW? Member Patten stated that he favors changing the sliding scale to recognize the "right tree, right location" philosophy and that trees should be planted with enough space to allow them to reach their full potential. Member Patten stated that he also favors providing credits for people who plant large trees so that they are not required to plant several mitigation trees. Chair Dressler stated that developers' main issue with the Tree Ordinance is predictability and consistency. Chair Dressler explained that the current code consistently delays the process of development and that developers would be willing to pay more to move forward with projects in a timely manner. Chair Dressler explained that most developers want to plant onsite, but if they are unable to do sO, they should have the option to plant offsite or pay a mitigation fee. Chair Dressler also stated that he agrees with "right tree, right location" philosophy and that planting smaller caliper trees will add diversity to the canopy. Member Gilkey stated that the price gap for purchasing smaller caliper Florida Fancy versus Grade 3 trees is relatively small, whereas the price difference can be several thousand dollars for larger caliper trees. Chair Dressler stated that declining health is more likely for trees that are in nursery settings for prolonged periods of time. Member Patten stated that he would like to teview the Florida Fancy criteria. Chair Dressler stated that most municipalities he works in require 2-inch caliper trees. Member Gilkey stated that smaller trees are vigorous growers. Member Patten stated that the TAC needs to find a way to ensure survivability. Member Gilkey stated that he favors protection for every mitigation tree. Minutes of the' Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 6 of 9 Vice Chair Halflants inquired about how canopy percentage is calculated. Member Gilkey clarified that canopy coverage, like lot coverage, is calculated using aerial pictures or onsite measurements. Member Gilkey stated that he favors the idea of existing canopy coverage as a determining factor for tree removal and mitigation. Arborist Miller presented a mitigation comparison document that he created and noted that the majority oflocal municipalities mitigation trees have a 2 inch or 2 %2 inch caliper requirement. Arborist Miller compared the City of Bradenton and Sarasota County noting their mitigation flexibility. The Tree Advisory Committee discussed canopy coverage assessment and identification. Member Patten spoke about the canopy associated with palm trees. Chair Dressler continued to review Member Patten's recommendations: Give credits to people that want to plant a very large tree or trees. Chair Dressler stated that this point was sensible. Member Gilkey stated that it is similar to a management plan. Allow staff flexibility to make site specific recommendations for tree mitigation and that promotes City-wide canopy protection. Chair Dressler stated that City Staffis highly qualified to make decisions but noted that a Board may be helpful in decision-making for situations that are unclear. Member Fuerst stated that Member Patten's recommendations imply a point system rather than a like-tree for like-tree replacement and would provide home owners with flexibility while promoting a diverse canopy. Member Gilkey stated that some of his recommendations include a one for one replacement with like-kind trees and the option to pay into a tree fund when appropriate. Member Gilkey explained that he reviewed some point systems and instead prefers a more concise, easier to understand system. Chair Dressler noted that a plan is necessary to implement the use of a tree fund. Membet Patten stated that he would like the TAC to make a recommendation to the City Commission that a certain amount of money from the tree fund is delegated to the installation of trees. Member Gilkey stated that he was under the impression that the City has limited space to plant trees. Vice Chair Halflants stated that the City is limited regarding planting space in parks, but not necessarlly in the rights-of-way. Vice Chair Halflants stated that Secretary Litchet mentioned a program that utilized $5,0000 from the existing tree fund to send several hundred trees to residential areas. Secretary Litchet verified that the program was a huge success and that is expected to run again this year. Secretary Litchet noted that a well-suited plan is necessary for the rights-of- way and the City will be able to accommodate the areas with appropriate trees. More stringent penalties for mitigation trees that are removed More stringent survivability requirements. Chair Dressler agreed that there should be more stringent penalties and survivability requirements for mitigation trees. Minutes of the' Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 7 of 9 Member Gilkey reviewed his recommendations regarding protected tree designation: Required mitigation and zoning trees, as well as a group of Sarasota friendly canopy trees called "Champion Trees" should have a priority of protection. Member Gilkey defined "Champion Trees" as Live Oak, Slash Pine, and Southern Red Cedar, and stated that these varieties are long lived and are a large part of the City's generational canopy. Chair Dressler asked Member Gilkey if the category of"Champion Trees"is meant to replace the category of Grand Trees. Member Gilkey explained that the Champion Tree designation would be appropriate for trees that do not qualify under the current definition of Gtand Tree but have at least a 16-inch caliper and are high quality trees. Member Gilkey also stated that while Champion Trees should have increased protection, some flexibility should be allowed for the removal of low quality Grand Trees. Not every tree should be protected; specifically, trees that do not interact with the City of Sarasota's tree canopy or trees planted by individual homeowners for their enjoyment. Mitigation should promote trees and ecosystems that benefit our area. Preferred Trees promote diversity in canopy and take into account native gardens, scrub habitat, pollination, birding, edible gardens, and other individual property owner desires. Member Gilkey defined Preferred Canopy Trees as Live Oak, Slash Pine, Southern Red Cedar, Gumbo Limbo, and Royal Poinciana, and also identified Cabbage Palms and Royal Palms as Preferred Palms. Member Gilkey listed Pink Tabebuia, Geiger species, Holly species, Crepe Myrtle, Buttonwood, Sea Grape, Pigeon Plum, and Black Olive "Shady Lady" as Preferred Understory Trees. Ini most cases, mitigation should not exceed 1:1. A healthy canopy is not overplanted. Member Gilkey explained that this may not apply if a large canopy tree. is being removed. Chair Dressler noted that multiple trees planted in close proximity of one are problematic. Mitigation size should be 8'10 tall X 3'-4" wide and 2-2.5" caliper o This size is the most vigorous for planting and leads to long-term success. Member Gilkey explained that large trees can take 5 or 6 years to become fully integrated, whereas 2" caliper trees have a high rate of survivability and require little care beyond watering for the first month. o This size has the smallest cost gap from Florida Fancy Grade to Grade 3. a This size will allow the most diversity as it is readily available at most nurseries. Member Gilkey stated that occasional issues are unavoidable because no two trees or sites are the same and strongly recommended an Advisory or Adjustment Board to review specific, difficult to determine cases to alllow for a measure of flexibility. Minutes of the' Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 8 of 9 Member Gilkey explained that he created 4 categories for mitigation standards: I. Undesirable Tree - No mitigation fee is required. Member Gilkey clarified that removal of any tree or palm would still require a permit, but that undesirable trees would not require mitigation and would not be subject to processing fees. Member Gilkey stated that he is conflicted regarding the exemption ofl large Ficus and Orchid trees from mitigation due to the loss oft their large canopies without replacement. Member Gilkey cautioned against providing stipends for trees that are listed as invasive but are not problematic in the City, such as Coconut Palms, due to the cost such stipends could accrue. II. Palm Tree - Only Cabbage Palms and Royal palms require mitigation at a ratio of1:1 plus a standard processing fee, or $250.00 in lieu of mitigation plus the standard processing fee. Member Gilkey stated that it costs around $250 to plant a palm tree sO if someone would like to remove a palm and forgo mitigation, they would have the opportunity to do SO. III. Herbaceous trees less than 16" caliper a. Mitigation at 1:1, with like / kind, if appropriate b. Standard processing fee C. $10.00 per caliper inch = this will be waived if replacement tree is from the Preferred list IV. Herbaceous trees greater than 16" caliper a. If a tree is graded less than fair Member Gilkey suggested that evaluation of trees be performed by a City. Arborist. Chair Dressler stated that assigning a City Arborist to conduct tree evaluations could alleviate the financial burden for citizens who cannot afford the study. Member Gallagher stated that the TAC has been assigned to address the issue of public dissatisfaction with the decisions of staff. Member Gallagher stated that he is unsure ift the recommendations sO far will address this problem, and that even if city staff has a better checklist or better tools, some citizens will still be dissatisfied. Member Gallagher suggested removing City involvement from privately owned homes, noting that there would still be a process to remove trees that would not require mitigation per Member Gilkey's recommendations. Member Gilkey stated that the citizens who are upset about tree removal are passionate about trees and that taking away the Tree Protection Ordinance will not be helpful. Member Gallagher stated that there are hundreds of cities that do not have tree protection and that there is a portion of the community that would like the City to let them manage their own trees at their discretion. Secretary Litchet stated that city staff has appreciated the conversations of the TAC over the last several months and noted that the TAC has some leanings that will imptove the jobs of staff. Secretary Litchet explained that staff has had the impression that there would continue to be certain standards for tree removal but would appreciate increased flexibility and some additional tools to utilize in decision making. Secretary Litchet stated that staffis comfortable with the TAC's direction. Minutes of the Tree Advisory Committee Meeting August 30, 2018, at 3:00 p.m. in the City Commission Chambers 9 of 9 Chair Dressler stated that the overarching theme that the TAC has received from homeowners is the desire for flexibility and that the overarching theme that the TAC has received from developers is the ability to move through the development process easily. Chair Dressler stated that the public has not expressed a desire to completely do away with restrictions and added that he hopes to balance community desires wants with accommodations to help staff and move toward an urban forestry plan. Vice Chair Halflants asked Member Gilkey about the need for 2,000 square feet for every tree and Member Gilkey stated that Sarasota County has that requirement. Vice Chair Halflants asked if Member Gilkey advocates for the 2,000 square feet per tree requirement. The TAC discussed lot size and the amount of canopy that can be appropriately accommodated. Member Gilkey stated that if the TAC creates a severely diminished tree code, they will receive a lot of resistance. Member Fuerst noted that the idea of an Adjustment Board continually arises. Vice Chair Halflants stated that he does not consider a tree code that allows property owners of existing properties to manage their homes to be severely diminished. VIII. DISCUSS UPCOMING TOPICS The Tree Advisory Committee did not discuss upcoming topics. IX. DISCUSS NEXT MEETING DATE Chair Dressler requested more time between meetings to prepare as the meetings are more involved. The date of the next meeting was confirmed for September 27, at 3:00 p.m. The meeting will take place in the Commission Chambers. X. ADJOURNMENT The meeting was adjourned at 5:04 p.m. M Shawn Dressler, Chair Timothy Litchetsecretary