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Home My WebLink AboutDocumentation_Regular_Tab 11A_7/23/1992 I4 Til 4,,i:# P. 011111 VILLAGE OF TEQUESTA �, p; Post Office Box 3273 • 357 Tequesta Drive f ;,A` „��! Tequesta. Florida 33469-0273 • (407) 575.6200 Nfpcl FAX: (407) 575-6'_03 any y CO C o MEMORANDUM : TO: Village Council FROM: Thomas G. Bradford, Village Manager /05", DATE: May 12-, 1992 SUBJECT: Tree City USA As you may recall, Village staff made application earlier this year to become designated as a Tree City USA. Unfortunately, as you can tell from the attached correspondence, the Village application was rejected because we do not meet the minimum requirement of having a Tree Board or department responsible for implementing a community forestry plan. We believe that a Tree City USA designation for the Village is important in that it will focus citizen attention on the importance of trees, maintaining our natural environment as development occurs and to the general benefits of beautification. Therefore, the Village should . reapply for Tree City USA - designation so that these ,important goals are realized. In this regard, for our application to be successful, we would recommend that the Village Council designate the Community Appearance Board as the official Village Tree Board. Section 7-7 of the Code of Ordinances states that "In addition to the provisions of this Chapter, the Community Appearance Board may have other- duties as set forth by the Council from time to time by Ordinance. " We would suggest that the powers and duties of the Community Appearance Board be expanded to include: 1 ) Official Village Tree Board 2) Annually develop and transmit a written Community Tree Management Program and supporting work plan which, upon acceptance by the Village Council, shall constitute the official Comprehensive Tree Plan for the Village of Tequesta, Florida. (Village staff would work with CAB in this regard) 3 ) Prepare plans for a Tequesta Annual Arbor Day Ceremony, for approval by the Village Council. 4) Perform any other related duties assigned by the Village Council . Recycled Paper MEMO: VILLAGE COUNCIL MAY 12, 1992 PAGE 2- I would appreciate any input that you would care to offer in this regard. By copy of this memorandum to the Community Appearance Board Members, their comments are likewise invited. Unless I hear to the contrary, I will request the Village Attorney to prepare such an ordinance for first reading at the Village Council Meeting scheduled for June 18, 1992. TGB/krb Attachment c: Community Appearance Board Members, w/attachment John C. Randolph, Village Attorney, w/attachment Gary Preston, Dir. of Public Works & Recreation, w/attachment Scott D. Ladd, Building Official, w/attachment • T 47 ."��,, ?` • Florida Department of ;,',i. .,, l�- Agriculture & Consumer Services '4 ::.0:' The Capitol PLEASE.RESPOND TO: Tallahassee Division of Forestry BOB' CRAWFORD . 3125 Conner Boulevard COMMISSIONER 32399-0810 Tallahassee, FL 32399-1650 2732 to February 11, 1992 e fr �� CE' Mr. Thomas G. Bradford - ' O,/C t.( �► 9 Village Manager \ C S' Village of Tequesta Post Office Box 3273 1 Tequesta, Florida 33469-0273 ' Dear Mr. Bradford: This letter is in regard to the application for the Tree City USA award for 1991 submitted by the Village of Tequesta. The Division of Forestry forwarded the application to the National Arbor Day Foundation with the recommendation that Tequesta receive the award. However, the National Arbor Day Foundation has found that it is unable to approve your application, so I am returning it to you. The National Arbor Day Foundation determined that your Ordinances 382 and 377 do not meet the minimum requirement of designating the tree board or department responsible for implementing a community forestry plan. As an example, I have included clauses from other ordinances that designate either a tree board or a tree department and the responsibility to implement an urban forestry program. Tequesta has met all of the other standards for the award, and I would strongly urge the city to meet the requirements to become a Tree City USA - by amending your ordinance to include the requirement outlined above. For assistance with your ordinance, you may contact our Palm Beach County Forester, Mike Greenstein at 355-4011. Please return your application with the amended ordinance to this office by March 10, 1992. Upon review and approval, it will be forwarded to the National Arbor Day Foundation. Mr. Thomas G. Bradford February 11 , 1992 Page Two I sincerely hope that Tequesta can meet the requirements to become a Tree City USA, and if you have any questions, or if I can be of further assistance, please feel free to contact me at 904/488-6358. Sincerely, BOB CRAWFORD COMMISSIONER OF AGRICULTURE c--illk4.1,1-4.0 Acykta_ Thomas S. Haxby Volunteer/Partnership Coordinator Division of Forestry Attachment cc: District Manager David Utley, Ft. Lauderdale District Forest Area Supervisor Norm Masencup, Loxahatchee Work Center Senior Forester Gene Dempsey, Ft. Lauderdale District Palm Beach County Forester Mike Greenstein, Ft. Lauderdale District ORDINANCE NO. 844 AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA, CREATING A CITY TREE BOARD; PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING FOR BOARD MEETINGS AND PROCEDURES; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE BOARD; • SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, trees absorb a high percentage of carbon dioxide and produce oxygen, a vital ingredient to life; and WHEREAS, trees are a valuable asset, increasing property values, enhancing •the economic vitality of business areas, and beautifying our community; and WHEREAS, the City Council of the City of Oviedo, Florida has determined that the protection of trees on property within the City of Oviedo, Florida is not only desirable but essential to the present and future health, safety, and welfare of all citizens; end WHEREAS, the City Council of the City of Oviedo, Florida has determined it to be in the best interest of•the citizens of Oviedo, Florida to create a City Tree Board, NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, as follows: Section is That the City of Oviedo,. Florida, does herewith and does hereby create a City Tree Board. i • Section 2: Membership 3 That said City Tree Board shall consist of five members to be appointed by the City Council. The members of said board shell be residents of the municipality end shell serve at the pleasure of the City Council. Appointments to the board shall be on the basis of experience or interest in trees. z i :i Section 3: Term of Office . That the initial appointments to the City Tree Board shell he as follows: a. Two members appointed for a term of one year. b. Twa members appointed for a term of two years. c. One member appointed for a term of three years. i • Thereafter ell appointments °hell be made for a term of thee. yearn and any member may be reappointed from term to term upon approval of the City Council. Appointments to fill any vacancy shall be for the • remainder of the unexpired term of office. Any member who fella to attend two of three eucceesive meetings without ceuee ■nd without prior approval of the Chairman shall automatically forfeit hie or her appointment ■nd the City Council °hell promptly fill ouch vacancy. Members may be removed for ceuee by the appointing authority upon written charges end after a public hearing. Section 4: Compensation Members of the board shall serve without compensation. Section 5: Meetings The City Tree Board shell eatablieh a regular meeting schedule, but since the Board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Articles IV, V, and VI of the Land Development Code of the City of Oviedo, Florida. Minutes shell be kept of ell board proceedings and all board meetings shell be open to the public. Whenever feasible, an agenda shall be made available in advance of board meetings. Section 6: Operation • Members of the City Tree Board shall annually elect a chairman and vice-chairman by majority vote to preside over the board's meetings. The chairman and vice-chairman may take part in all deliberations and vote on all issues. A majority of the members shall be a quorum for the transaction of business. Section 7, Duties and Responsibilities • The City Tree Board shall have the following duties and responsibilities: a. Develop and present annually a written community tree . management program and supporting work plan which, upon acceptance by City Council, shall constitute the official Comprehensive Tree Plan for the City of Oviedo, Florida. b. Adopt rules for the conduct of its proceedings. c. Make recommendations to the City Council upon any matter coming within the scope of its work, as deemed necessary.- • d. Prepare plane for Oviedo'° annual Arbor Day .Ceremony. e. Perform any other duties assigned by the City Council. c Section 8: t 3 If any section a portion of this ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this ordinance. is a J • e Y ..` � ' ." ; riL CITY OF CAFE CORAL{' .14• .'�i h' ilk �.`. ��. ,' �� F LAND USE AM) DEVELOPMENT ';` _ x i' REGULATIONS A.,J i � c {lart,:j ' r. Visual Obstructions -e- All landscaping and buffers must conform with the Design Limitations ., ,fi '•-',. ' -' established by Article III, Section 3.7, Visibility Triangles.. : . . ,'' ;tion 5.3 - Right-of-Way ' j.. Planting trees in City-owned areas. • A. Permit required. Planting • commercial areas. The °� median strips, in cul-de-sac and ` in median strips of dive planting of approved trees will be permitted on city property with the written ten ypermission s or of the s or �Cimty areas his designated representative and as provided in subsectionY Manager or this section, which permission may be denied only for reons, for road safety or other reasons consistent with the intent of this section, such plantings on medians shall be in accordance with the City of Cape Coral Engineering Design Standards. 8. Submission of plot=and lantin p list of approved trees. Prior to nthe e planting of •anyntree Pinr any median,, a plot and planting plan must be submitted to the department • • designated by the City Manager, In determining whether a shall be issued the following criteria shall be considered: p°rmit 1. The location of existing public utilities and power lines; 2. Vehicular use areas and intersecting streets; 3. • Diversion of surface waters and drainage patterns- 4. Relationship to traffic safety. The plot plan shall include all pertinent dimensions, source of water supply to structures on the property, proposed location of the trees and shall -designate the species by name. Setback distances shall be prescribed at the time of issue of the permit and shall be determined by water, sewerage, drainage and safety considerations. There shall be no charge for the permit. The Council shall, by Resolution, designate a list of approved trees - that may be planted in any median and granting the the designated. department permit shall approve only the types of trees specified for median strips. The-following trees are expressly planting in these areas: Brazilian Pe n U prohibited from rels andof the Ficus family, Eucalyptus, Australian Pines and M laleucasembers • C. Maintenance. The City shall. be responsible • • any and all trees the property owner has been ogranted r p .to plant and: the trees shall be maintained in dpermission to present a healthy, neat and orderlyappearance gOOd condition so as .to from refuse, debris and disease. old any tree or aport onll be epthereof die, the City shall be responsible for removing. or replacing it. The • 2/12/90 LU-190 • ,.o..r.•iiln•L ......a,..- o, 0 .. VILLAGE OF TEQUESTA �, j I'lV.i 01lls BOX 1271 • 157 1ctluc.(a ()fi�r. ; ,�� ,,� t Tcquesta, Florida 3 4(,4.(1:7 3 • '4(17) 575.6200 VAN "' FAX (4 7) 575.620 CN co May 27, 1992 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs P.O. Drawer E West Palm Beach, Florida 33402-3475 RE: Tree City USA; Ordinance Amending Community Appearance Board Powers Dear Skip: In furtherance of my memorandum of May 12, 1992, regarding the above subject, copy attached, please prepare an ordinance expanding the powers and duties of the Community Appearance Board to include the four specific items referenced in the May 12 memorandum. A copy of an ordinance used by the City of Oviedo "is - also enclosed. I would like to have this ordinance for first reading at the June 18 Village Council Meeting., Therefore, . I must receive the ordinance no later than Friday, June 12, in order to include the same with the Village .Council Agenda Packets. Should you have any questions in regard to this matter, please • contact me. . Sincerely, . r /e9-- / Thomas G. Bradford Village Manager TGB/krb c: Gary Preston, Director of Public Works and Recreation Scott D. Ladd, Building Official Recycled Paper • • JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS • FLAGLER CENTER TOWER 506 SOUTH FLAOLER DRIVE ELEVENTH FLOOR LARRY B ALEXANDER MICHAEL T.KRANZ P.O.DRAWER E n- HENRY f.UUENTHAL `1 VINCENT J ALTINO JOHN M.L/ROUX WEST PALM BEACH,FLORIDA 33402-34 • I/07•INA STEPHEN J.AUCAMP JOHN BLAIR MoCRACKEN GEORGE H.BAILEY SCOTT L.MOMULLEN - (407)650-3000 O� HARRY ALLISON JOHNSTON KEVIN C.BEUTTENMULLER PAMELA A.MaNIERNEY 11^^ss1/p3.1pU MICHAEL 0.BROWN TIMOTHY E.MONAGHAN FAX:(407)832-1454 ,A�W RUTH P.CLEMENTS GUY RABIDEAU • R.BRUCE JONES 6,• V1� SCOTT M.COLTON JOHN C.RANDOLPH 1/04.10// JOYCE A.CONWAY PAULA REVENE MARGARET L.COOPER ANDREW ROSS �.� k 1992� -n PA15 C WOLFE BYRON R.CORNWELL STEVEN J.ROTHMAN y L G 1/77-1/p1 REBECCA O.DOANE PETER A.SACHS N1 RETKIEO CHRISTOPHER B.DUKE D.CULVER SMITH III WRITER'S DIRECT LINE: 8-1 r `�,{y L.MARTIN FLANAGAN JOEL T.STRAWN J V', rG WIWA4 A FOSTER LORI E.HANDELSMAN STONEY A.STUBBS;JR. ♦11`�1i" SCOTT O.HAWKINS ALLEN R.TOMLINBOH �'• Y " OTHER LOCATION THORNTON M.HENRY JOHN B.TRIMPER Sl►P,NA�E�PETER S.HOLTON JOHN S. P.WALSH } [ 84 N.E.FOURTH AVE. J.A. B.JURGENSKLEI H.ADAMS WEAVER 1,; F{IC .\ pELHAY BEACH,FLORIDA 774N MARK B. ELD � h June 3, 1992 1 I01 • Mr. Thomas G. Bradford Village Manager • Village of Tequesta • • Post Office Box 3273 • Tequesta, Florida 33469 • • RE: Village of Tequesta • Tree City USA Our File No. 13153. 1 • Dear Tom: Please find enclosed a draft of a tree ordinance for your consideration. Please advise if you wish to have any additions, deletions or modifications. Sincer• • • John C. Randolph • JCR/ssm ' Enclosure • ORDINANCI NO. 1437 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA, RELATING TO THE COMMUNITY APPEARANCE BOARD, SO AS TO INCLUDE A NEW SECTION 7-7 CREATING AN OFFICIAL TREE BOARD OF THE VILLAGE OF TEQUESTA; PROVIDING FOR POWERS AND DUTIES OF SAID BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, trees absorb a high percentage of carbon dioxide and produce oxygen, a vital ingredient to life; and WHEREAS, trees are a valuable asset, increasing property values, enhancing the economic vitality of business areas, and beautifying our community; and WHEREAS, the Village Council of the Village of Tequesta, Florida, has determined that the protection of trees on property within the Village of Tequesta, Florida, is not only desirable, but essential to the present and future health, safety, and welfare of all citizens; and WHEREAS, the Village Council of the Village of Tequesta, Florida, has determined it to be in the best interests of the citizens of the Village of Tequesta, Florida, to expand the powers and duties of the Community Appearance Board of the Village of Tequesta to include powers and duties as the official Tree Board of the Village of Tequesta; and WHEREAS, Section 7-7 of the Code of the Ordinances of the Village of Tequesta provides that in addition to the provisions of said Chapter the "Community Appearance Board may have other duties as set forth by the Council from time to time by ordinance." NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: Section 1. Chapter 7 of the Code of Ordinances of the Village of Tequesta, Florida, relating to the Community Appearance Board is hereby amended to include a new Section 7-7 which shall read as follows: "Sec. 7-7. Powers and Duties as the Official Tree Board of the Village of Tequesta. In addition to the functions provided pursuant to the other provisions of this chapter, the Community Appearance Board shall constitute the official Tree Board of the Village of Tequesta and as such shall: 1. Annually develop and present to the Village Council a written community tree management program and supporting work plan which, upon acceptance by the Village Council, shall constitute the official Comprehensive Tree Plan for the Village of Tequesta, Florida. 2. Annually prepare plans for a Tequesta Annual Arbor Day ceremony, for approval by the Village Council. 3. Make recommendations to the Village Council upon any matter coming within the scope of its work, as deemed necessary. 1 4. Perform any other duties assigned by the Village Council." Section 2. Previously existing Section 7-7, entitled Additional Duties, shall be renumbered so as to follow Section 7-7 hereinabove. Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember ,. who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1992. MAYOR OF TEQUESTA Earl L. Collings ATTEST: Village Clerk JCR\131530RD\TREEBOAR 2