HomeMy WebLinkAbout04-01-2010 Tree Committee Meeting MinutesThe Tree Committee of the City of Fairhope met Wednesday, Aprill, 2010 at 3:00 PM at the City Administration Building, 161 N. Section Street. Present: Bobby Green, Chairman; Vice Chairman Members: Tom Ellis, Rick Kingrea, City Council Representative, Skip Jones, Jennifer Fidler, Public Works Director and Horticulturist; Jonathan Smith, Planning and Zoning Commission; Maria Gwynn, Paul Fontenot, and Walt Bolton. Pandora Heathcoe, City Administrative Assistant took the minutes. Guests Present: Paul Ripp and Neal Middleton of Neal's Tree Service. The minutes of the November 18, 2009 meeting were duly approved with amendments to show Bobby voted "no" on the issue of asking the mayor to send another letter to Regency Centers as he considered more formal notification would be appropriate. (Jennifer had some issue as well that was another amendment. presented. Walt Bolton moved to do this, Skip Jones 2nd the motion and it carried unanimously Old Business: Right of Way Clearing at Fairhope Village-Jennifer Fidler discussed the trees that were trimmed in front of Publix the weekend of March 6th-7th. ALDOT did not issue a permit for the clearing. The company that did the tree trimming is still unknown; however Jennifer has spoken to four companies thought to have been the possible offenders. The trimmings were cut and then left on the ground; which are still present. There was a discussion concerning levying a fine and it was suggested that instead of trying to spend time to find out who actually did the trimming, the levy should be placed upon the adjacent property owners. Tom Ellis quoted Ordinance 20.5-9 and suggested the Tree Committee write a letter to the property owner, detailing the ordinance, and informs them that the City Council will determine the amount of the fine. Bobby Green stated that the Tree Committee had already submitted a letter to the property owner (Regency) and that the property owner had already been put on notice NOT to cut any foliage at the time the Corridor 98 oak removal was permitted. A second, more recent, letter to Regency was not forwarded by the mayor. Jonathan Smith discussed that the ordinances under the Planning and Zoning Commission only covers private property and that the highway right away belongs to the State of Alabama. Bobby and Jennifer stated that the City does have an agreement with ALDOT for the city to maintain the right of way. Jennifer discussed that the City Council and the Mayor advised her to hold off on any type of restitution issues until it could be discussed with the Mayor and Tut Wynne, City Attorney. Rick Kingrea said when restitution gets over $500 can it considered constitutional? He felt that the applicant should be levied based upon what they were originally permitted for-both as violating an agreement with Jennifer and with Planning Dept. Jennifer said due to these issues it could be a month before a restitution letter could be written to Regency. 1
It was decided that the committee recommend a letter be submitted both by Jennifer and Jonathan to New Iberia Bank and The Regency Centers informing them that Tree Ordinance 20.5.5.4 (d) had been violated; Hunh! A levy would be assessed to each property owner for the amount of trees cut on said property. Skip Jones gave first motion to do this, Maria Gwynn 2nd the motion and it carried unanimously Old Business: New Ordinance Languag� Bobby Green gave a handout of changes to the current Tree and Landscape Ordinance. The changes proposed were put together by Maria, Skip, and Bobby along with consultation from Jennifer and Jonathan and city attorney, Tut Wynne. Jonathan Smith also had a list oflanguage he suggested be inserted into the ordiance. 20.5.4-K.2 Buffer Zones -Jonathan Smith said to make sure the language is correct in the ordinances because it has to be enforced as it is written. He suggested the verbiage should read: "If an applicant building in the CBD wishes to not build to a zero lot line, a 10' buffer will be required." This issue would be discussed between Jennifer and Jonathan with final proposal of language for next meeting. 20.5.4-(a) Post Approval Requirements-Tom Ellis suggested that the verbiage read: "A building permit will not be issued unless it has been approved by the City Horticulturist." Right of Way Buffers-Should it be deleted or not? Jonathan suggested extending the language to other arteries 20.5-14 Recommended Understory Trees-Paul Fontenot suggested that Magnolia grandiflora (Southern Magnolia) should be moved to Section 20.5-13 Recommended Overstory Trees. 20.5.21 Membership-Membership would now go from six to eight committee members. Tree Protection During Construction: Bobby gave a Arbor Society pamphlet that is the "bible" of tree protection and suggested it become the standard within the ordinance. Rick Kingrea also suggested that the fine amounts defined in the ordinance should be reviewed by City Attorney Tut Wynne, approved by the City Council; and then reviewed by the State Attorney General's Office. He also suggested that after Maria Gwynn makes all the necessary changes, Bobby Green should call for a special meeting so the Committee can review them. Skip Jones moved to do this, Walt Bolton 2nd the motion and it carried unanimously. Arbor Day-Jennifer Fidler reported that several other surrounding cities had Arbor Day on the same day. Due to this and the weather only 2/3 of the trees were distributed to the public; however the rest are planned to be distributed on Earth 2
Day. The energy presentations, "Simple Steps You and I Can Do to Save Energy around Your Home." did not go very well due to lack of participation and/or attendance. She also discussed that she would like to move Arbor Day to the comer of Bancroft and Johnson next year. New Business: Grants-Walt Bolton met with Stacy McKean who is a grant writer for Baldwin County. He stated that she has volunteered to come and talk to both the City Council and the Tree Committee concerning pursuing possible grant money currently available. He also discussed that the grant writers do not receive any monetary compensation until the grant is actually put into place and that their fees are incorporated into the initial grant. Bobby Green suggested the Committee come up with some possible ideas as to what might be available or what the Committee is seeking grant money for. Skip Jones discussed that he felt Ms. McKean should come and speak because she may have found grants for things the Tree Committee had not thought of before or thought to be useful in the past. Bobby agreed to place Ms McKean on the agenda. New Business: Seminar-Jennifer Fidler stated that there will be seminar on "How to Properly Use Your Chainsaw'' at Five Rivers on May 10, 201 0; and the cost is $15 per person. She stated she plans on sending all of her employees to this seminar as she feels it is very important. New Business: Paul Ripp -Paul Ripp had copies of letters previously written to Mr. Ed Feltus d/b/a Montrose Stor-All by Jennifer Fidler concerning the trimming of trees which carried a restitution fine. Mr. Ripp then produced a letter written by Mayor Kant revoking those fines. Mr. Ripp had Neal Middleton, d/b/a Neal's Tree Service with him who had also received a letter from Jennifer Fidler invoking a fine for the cutting and removal of a tree. The two gentlemen questioned the discrepancy of this procedure. Walt Bolton interjected to the Committee and the two gentlemen that the Tree Committee can only carry out what is outlined in their tree ordinances if Neal's Tree Service wanted to appeal his letter that he should contact the Mayor's office for a meeting. Rick spoke in agreement with Mr. Ripp and Mr. Middleton and advised Mr. Middleton bring the issue to the committee at the next meeting when it can be placed on the agenda. There being no further business, Maria Gwynn moved to adjourn the meeting, Skip Jones 2nd the motion and it carried unanimously. The meeting was duly adjourned at 5:00p.m. The date for the next special meeting will be scheduled within two weeks. 3