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HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_6/18/1992 . • VILLAGE OF TEQUESTA Post Office Box 3271 • 157 Tequesta Dris e ` �►L requesta. Florida33469.0_73 • (407) 575-6200 ��S FAX: )4(17) 575 ('201 ° C0 N• MEMORAN]DLTNI : TO: Village Council FROM: Thomas G. Bradford, Village Manager /0, 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 F Florida Department of ^ Agriculture & Consumer Services ,yd., "'4:. The Capitol PLEASE RESPOND TO: Tallahassee Division of Forestry BOB C R A W FO R D 3125 Conner Boulevard COMMISSIONER 32399-0810Tallahassee, FL 32399-1650 2732 \ `o co February 11, 1992 ��G�. VillageMr. mManageBradford �r � O,r�/eF�S � 9 Village of Tequesta Post Office Box 3273 . - 1 11' 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 -2( 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 ANDPROCEDURES; 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; end WHEREAS, trees are a valuable eseet, increasing property values, enhancing •the economic vitality of business areas, and beautifying our community; end 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 beet interest of the citizens of Oviedo. Florida to create a City Tree Board, 7 ' 1 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, as follows: Section 1: That the City of Oviedo, Florida, does herewith and does hereby create a City Tree Board. • Section 2: Membership That said City Tree Board shall consist of five members to be appointed by the City Council. The members of said board shall be residents of the municipality end shall serve at he, pleasure of the 1 City Council. Appointments to the board shalliktOn the basis of experience or interest in trees. ; ':f Section 3: Term of Office .. . S That the initial appointments to the City Tree Board shall he as follows: t a. Tro members appointed for ■ term of one year. b. Two members appointed for a term of two years. c. One member appointed for a term of three years. Thereafter all appointments shrill be made for a term of thine 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 frills to attend two of three successive meetings without cause and without prior approval of the Chairman shall automatically forfeit him or hot- appointment and the City Council shall promptly fill such vacancy. Members may be removed for cause by the appointing authority upon written charges and after a public hearing. Section 4r Compensation Members of the board shall serve without compensation. Section 5: Meetings The City Tree Board shall establish 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 shall be kept of all board proceedings and all board meetings shall 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 plans for Oviedo's annual Arbor Day .Ceremony. e. Perform any other duties assigned by the City Council. c Section 8: 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. • ,3�- , :._, CITY OF CAPE CORAL i4 ` .r `" LAND USE AND DEVELOPMENT REGULATIONS q x -1,,,c Y Cd h - ;41, ' 1 r Visual Obstructions “77- - `~ All landscaping and buffers must conform with the Design Limitations , u. " established by Article III, Section 3.7, Visibility Triangles.: i lion 5.3 - Right-of-Way • 4i •. I. Planting trees in City-owned areas. A. Permit required. Planting oo median strips, in cul-de-sac commercial areas. The planting of approved ' m and in median strips of divided highways or roadways or commercial areas on city property with the written permission of the City Manager or his designated representative and as provided in subsection (B) of this section, which permission may be denied only for reasons 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. B. Submission of plot-and 'planting•plan prerequisite' to granting"permit; • - " • list of approved trees. Prior to the planting of .any 'tree in any median,- a plot and planting -plan must be submitted to the department • • designated by the City Manager. In determining whether a permit shall be issued the following criteria shall be considered: 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 the designated. granting the permit shall approve department for ra medianing p strips. only the types of trees •specified planting in thee areas:f Brazilian Pepper, are- expressly prohibited from of the Ficus family, Eucalyptus, Australian n�Pines and Melaleucasan Laurels and s..mbers C. Maintenance. The City shall, be responsible for the maintenance of any and all trees the property owner has been granted permission to ` • plant and: the trees shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse, debris and disease. Should any tree or portion thereof die, the City shall be responsible for removing. or replacing it. The 2/12/90 LU-190 VILLAGE OF TEQUESTA OI11tr l{.,\ 1.71 • 1S7 Iryur.l,1 I1r1,r ° ICyUCs1.1. Florida 1346411:71 • 141171 575 02(1(1 c FAN 141171 5,5 (,2n1 o r,cN c0 `+ 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, /e,"7- / 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 FLAOLER CENTER TOWER 505 SOUTH FLAOLER DRIVE • ELEVENTH FLOOR r LARRY B Al[KANDER MICHAEL T KRANZ P.O.DRAWER E r • HENRY F LILICH THAL VINCENT J Al TINO JOHN M L.ROUX WEST PALM BEACH,FLORIDA 33402-34 • 1909.1092 STEPHEN J AUCAMP JOHN BLAIR McCRACKEN GEORGE H BAILEY SCOTT L MM HARRY ALLISON JOHNSTON c UILEN (407)660-3000 0� 1eIS 199] KEVIN C SCUT TENMULLER PAMELA A McNIERNEY MICHAEL D BROWN TIMOTHY E MONAGHAN FAX:(407)812-1464 ��' R BRUCE JONES RUTH P CLEMENTS GUY RABIDF.AU Y 1 SCOTT M COLTON JOHN C RANDOLPH 1901.1998 JOYCE A CONWAY PAULA REVENE � 2'�' _ PAUL C WOLFE MARGARET L COOPER ANDREW ROSS — 7 UJ BYRON R CORNWELL STEVEN J ROTHMAN _ ♦ A 1 19]J RETIRED1991 REBECCA G DOANE PETER A SACHB - r `R�� O iz CHRISTOPHER 9 OUKE D CULVER SMITH III WRITER'S DIRECT LINE: "1 V L.MARTIN'FLANAGAN JOEL T 9TRAWN �y G WILLIAMTHER A FOSTER ATION LORI E.HANDELSMAN SIDNEY A.STUBBS,JR. SCOTT G.HAWKINS ALLEN R.TOMLINSON " A%T1 TRS -� OTHER LOCATION THORNTON M HENRY JOHN S TRIMPER A(� lJ PETER S.HOLTON MICHAEL P WALSH WO' •'\ Y�1f`F •��� 64 N E.FOURTH AVE J.A.MARKBGENSFELD H ADAMS WEAVER O�1 V ,N. DELRAY BEACH.FLORIDA 33193 June 3, 1992 IU'I 1 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 • ORDINANCE NO. - 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\13153ORD\TREEBDAR 2