The URL can be used to link to this page

Home My WebLink AboutDocumentation_Workshop_Tab 01_10/02/2017 �� DAVIS �. ..- ' ASHTON �A. � Keith W. Davis, Esq. Florida Bar Board Certified Attorney City,County and Local Government Law Email:keithQdavisashtonlaw.com September 5, 2017 MEMORANDUM To: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and Paterno Cc: Manager Couzzo, Clerk McWilliams From: Attorney Davis Re: Banyan Tree near 40 River Drive; Removal Permit Revocation; Request for Compensation The following describes in detail the above referenced agenda item: The attached correspondence and back-up material relate to the banyan tree for which a permit to remove was applied for, issued and subsequently revoked. I have discussed the background with each of you and this item is placed before you for discussion as a Council to determine how you wish to proceed. 701 Northpoint Parkway, Suite 205, West Pnlm Beach, FL 33407 � p 561-586-7116 �f 561-586-9116 www.davisaslztonlaw.com ♦LEADING EXI'ERTS IN LOCAL GOVERNMENT LAW AND ETHICS♦ Keith Davis From: Keith Davis Sent: Friday,August 25, 2017 4:15 PM To: Abby Brennan (abrennan@tequesta.org);'D'Ambra, Frank';Vince Arena (varena@tequesta.org); Steve Okun(sokun@tequesta.org); 'Tom Paterno' Cc: Michaei Couno(mcouzzo@tequesta.org) Subject: FW:Green Integrity's- Revocation of Landscape Permit Number L17-000004 by the Village of Tequesta Attachments: Letter to Keith Davis regarding Green Integrity's and Village of Tequest....pdf Mayor and Council: The attached is forwarded for your review and comment back to me. Feel free to contact me directly to discuss further. This also might be an appropriate topic for a brief workshop discussion, if you desire. Keith W. Davis, Esquire Attorney 701 Northpoint Parkway,Suite 205 West Palm Beach, Florida 33407 Tel:(561)586-711b Fax: (561)586-9611 Email: Keith@davisashtonlaw.com Please make a note of my new E-MAIL address Incoming e-mails are filtered which may delay receipt. This e-mail is persona!to the named recipient(s)and may be privileged and confidential. If you are not the iniended recipient,you received this in error. If so,any review, dissemination,or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. ----Original Message---- From: Harley Storrings[mailto:Harley@storringslaw.comJ Sent: Friday,August 25,2017 4:09 PM To: Keith Davis<keith@davisashtonlaw.com> Cc:Stor�ings Law Assistant<assistant@storringslaw.com> Subject: RE:Green Integrity's-Revocation of landstape Permit Number L17-OOOQ04 by the Village of Tequesta Keith: We received your letter,and our reply is attached. Thanks again. Harley Storrings Attorney at Law 1 , � 1Q10Q West Sample Rd Ste.300 Cora1 Springs, FL 33065 Telephone:954.302.7148 Fax:954.358.4064 Harley�5torringslaw.com www.StorringsLaw.com • -----Origina! Message----- From: Keith Davis jmaiito:keith�davisashtoniaw.com] Sent: Friday,August 18,2017 8:55 AM To: Harley Storrings<Harley@storringslaw.com> Cc:Storrings Law Assistant<assistant@storringslaw.com> Subject: RE:Green Integrity's-Revocation of Landscape Permit Number L17-000004 by the Vi1lage of Tequesta Harley: I have spoken individually witfi the Manager as well as the Mayor and each of the individual Council members. There does not appear to be any appetite on the side of the Village to sel!or give away or otherwise lose the tree. Keith W. Davis,Esquire Attorney 701 Northpoint Parkway,Suite 2(}5 West Palm Beach, Horida 33407 Tel:(551)585-7116 Fax: (561}586-9611 Email: Keith@davisashtonlaw.com Please make a note of my new E-MAIL address Incoming e-mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s)and may be priviieged and confidential. If you are not the intended recipient,you received this in error. If so,any review, dissemination,or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. -----Original Message----- From: Hartey Storrings[mailto:Harley@storringslaw.com] Sent:Thursday,August 17,2Q171:27 PM To: Keith Davis<keith@davisashtonlaw.com> Cc:Storrings Law Assistant<assistant@storringslaw.com> Subject: Re:Green Integri#y's-Revocation of Landscape Permit Number L17-000�04 by the Village of Teques#a Hi Keith: Just circling back on this to see where we stand.Thanks again. Hariey 5torrings 2 Storrings Law 10100 W Sample Rd. Suite 300 Coral Springs, Fl 33065 Tei:954-302-7148 Fax:954-358-4064 Email: Hariey@StorringsLaw.com Website:www.storringslaw.com >On Aug 8,2017,at 4:44 PM, Harley Storrings<HarJey@storringslaw.com>wrote: > > Keith: > >In follow-up to our telephone call of last week, please see attached letter and permit. Should you have any questions, please do not hesitate to contatt me. Thanks. > > Harley Storrings >Attarney at Law >[logo� > > > 1Q100 West Sample Rd >Ste.300 >Coral Springs, FL 33055 >Telephone:954.302.7148 >Fax:954.358.4064 >Harley@StorringsLaw.com<mailto:Harley@StorringsLaw.com> >www.StorringsLaw.com<http:J/www.StorringsLaw.com> > > ><image001.png> ><Green Integritys Letter to Keith Davis 8.8.17,pdf><Exhibit A- > Landscape Permit Number i.17-000004 by the Village of Tequesta.pdf> 3 r i � ; S�'�JRRINGSLAVC/ 10100 West Sample Rd, Ste. 300, Coral Springs, FL 33065 Phone:(954)302-7148 Fax: (954)358-4064 Email:Narlev@Storrin�slaw.com Website:www.Storrin�sLaw.com August 25, 2017 Via Emaii and U.S. Mail Keith Davis, Esq. Corbett, White, Davis, and Ashton, P.A. 701 Northpoint Parkway,Suite 205 West Palm Beach, Florida 33407 Keith@CWDA-legal.com Re: Revocation of Landscape Permit Number L17-000004 by the Village of Tequesta Dear Mr. Davis: As you know, this law firm represents Green Integrity's, Inc. ("Green Integrity's") in connection with Landscape Permit Number L17-000004, which permit was originally issued by the Village of Tequesta on June 8, 2017. We are in receipt of your letter dated August 14, 2015 advising, in pertinent part,that it does not appear as though the Village of Tequesta is interested in either selling ar giving away the subject banyan tree at this time, but you will make formal inquiry and follow-up with further, definitive correspondence. The purpose of this letter is to{1) thank you for your time investigating this matter (which is r� eativ appreciated), and (2} follow- up to determine whether you have received any response from #he Village of Tequesta to your formal inquiry. As i mentioned previously, in reliance upon the permit issued by the Village of Tequesta, Green integrity's expended time,money and resources to remove the banyan tree so that it could be relocated to another area. It was not until approximately six (6) weeks after the permit was approved that Green Integrity's was informed that the permit was being revoked. While I understand and appreciate your representation that the Village of Tequesta based its approval, at least in part, on the handwritten drawing provided by Green integrity's, I must point out that {1}the drawing appears to be a fair depiction of the tree's location,and (2)the Village should nat have issued the permit unless it was certain of the tree's location. In total, Green Integrity's has already incurred approximately$5,000.00 in costs, and if it is not able to fulfill its obligations to the purchaser of the subject banyan tree, Green Integrity's � will sustain damages to its reputation, which is built on following through on its promises to customers and properly securing permits. As you know, under �lorida law, the doctrine of equitable estoppel may be invoked against a municipality as if it were an individual where the person seeking to invoke equitable estoppel: (1) in good faith (2) upon some att or omission of the government(3)has made such a substantial change in position or has incurred such extensive obtigations and expenses that it would be highly inequitable and unjust to destroy the right he acquired. See Hollvwood Beach Hotel Co.v. Citv of Hollywood, 329 So.2d 10(FIa.1976). By stating the above, we do not mean to imply that we plan on taking immediate legal action. We are merely asking that the Village give fair consideration to the time and costs that Green Integrity's has incurred. As I mentioned before, this matter is extremely important to Green Integrity's, and we would be happy to discuss how Green Integrity's may be al�le tc�assist the Village on other projects in exchange for re-approving the originally issued permit. Thank you very much for your work on this matter, which is r� eativ appreciated. We look forward to hearing from you. Very truly yours, /s/Harley Storrings Harley Storrings �� C,ORBETT �1V}-IIT , � �� DAVIS �N� ASHTON, t��. KEITH W. DAViS ATTORNEY AT LAW Bor+rrf Certi�icd irt City,CDlltlflf t211fI L4CRI CxJZ�l�nu+�eirt t{rn� Augus# 14, 2017 Hariey Storrings, Esq. Storrings Law 10100 Wes#Sample Road, Suite 300 Cora1 Springs, �lorida 33065 Re: Revocation of Village of Tequesta Building Department Landscape Permit L17-OOQ004 Dear Mr. Storrings: I am in receipt of your correspondence dated August 8, 209 7 regarding the above referenced matter. The permit in question was issued based on the appfication that was submitted by Green lntegrity, Inc,, on behalf of Jean Szorosy, the property owner a# 40 River Drive. The application was, as you indicate in your lett�r, fior permission to remove and take the large banyan tree located as depicted in the sketch attached to the application, on�property owned by Ms. Szorosy, ( have attached #he comple#e sketch as Exhibit "A" ta #his letter. Sased on this representatian, #he permit was issued. Unfortunately, the representation and sketch that submitted with #he permit application was incorrect and inaccurate in that the banyan tree is in fact in the pub(ic right-of-way and under the care, custody and control of the Village of Tequesta. I have attached a recent survey of the area clearly showing that the tree is on Village of Tequesta property as Exhibit "B"to this letter. Since the banyan tree does not beiong to Ms. Szorosy and is nof located on her property, neither Ms. Szorosy nor Green Integrity, Inc., on her behalf, were ever entitled to obtain a permit. The petmit that was issued, was issued in error. Revocation of the permit under those circumstances is appropriate. See Town of Lauderdale-by-#fie-Sea v. Meretsky, 773 So. 2d 1245, 1249 (Fla. 4th DCA 2000). While I understand and appreciate the importance ofi#his tree to your client, given yaur representation that your c{ient has a potential purchaser for the tree, it would be the Village of Tequesta that would have to agree to divest itself of this tree. This has not occurred. ! have not been advised that the Village of Tequesta is in#erested in either KeithQCYVDA-tegnt.com 70I iVorthpoint PRrk7vey,Suite 20� uncno.CWL)A-legnl.cout West Pnlnt Bcaclt, Ftoridlt 334a7 T�'L.EPHONE:(�61}586-7T76*102 _ FAX:(Sb1)586-96T1 selling or giving away the banyan tree at this time; however, ! will make formal inquiry and foilow up with further, definitive correspondence. in the meantime, should you require anything further regarding this matter, feel free to contact me. Si el �� . , Village Attomey Enclasures cc: Michael Couzzo, Village Manager Jose Rodriguez, Building O�cial Nifsa Zacarias, Community Development Director 2 R 1 € l i ._..:� .� �^�=r+.. �L � � \ ��. \ � \ � �� t�� v� o��, �° � � � � � � �� !� � - i /^�` � `� / / -� � � -��... � � ;ae oF;EaEsu �1— �. 1A�� V� '�'N' 9—2oa; B;;IlD;4G�EF,yq;MENi _.._._..y_�..�__._..___ . ... . ._ - .. � � i G 7� ; Mi� �� ; i rmiuruKr� o'�`�i�n.i�u P(�o�� 'j�lA4 �� --_(��,,�n;(y= �,�� (�`,.,'�— 'S''�.;F� !0 t� Q�hRt� 1� ''' i '�BUI{��VG J I� - - �� . _ � j 1 E�G"4+G� � f � " YiYutl�� i --�� !MLCJIA��•.X f ' -��G�l�l��r�1 ��4'�� "'� � `?.�O l L. �J2 t �c �� i � �J�CJl.�a''le.fr� Li� � L � � 1 ��Yl�� !°f ��. � amo 1 ��1 r 0 d a, '. io�� :, 3�w�� ;�� ,. w�� G�.�:� 's �.,�� 1s� �3�oy�t W N LEGEND LOT 942 p�,q�OF TEQUGSTA �"� LOT 567 _._____.—.---.-----_.____.__.____...__..__.._._. z o a � FOUNO 5/8' IRON ROD (PLAT 800K 25, PAGE 7) �—w � SEi 5/8" TRON R00/CAP 'l.6 8130' N -m, 30' � �; 30' 4YPP WOOD POWEN POIE v . . . ^ � CPP CONC. POWEfl POIE �p�q,�3 P•�• ' 4. CENTERIINE IHpq0YEA1EMTS , P.C. POINT OP CUR4ATURE NOT SHOWN P.N.C.POINT OF REVER8H CURVATURE COY. COVEflEO Q�+'. SET LqTti QN � . c '� RIQHT•OP-WAY LINE �� CON0. CONCRETE <r�•90 ,-_,,,` . CHB CHORD BEAHING 9��S:Op � �� (TYP) o ; � GHO GHOAU DS5TANCE 'B,Ps6�. j-� 1 ��, B� � � ��. P RADIVS , h : t, nRC LENGTH � C D INTERIOR qNGLE � - � � h Z'f o ��P.C." Amr�O�6,aa � .� � � ... .. �,� \,3�� p�,134�a�, f, �. r'. 1."1 � �' .. `,, �� ', `` 1 . �1 I.OT S6t'� . '� coroc. J y� �. OHIVE ` BANYAN TREE BASE � � ' "'�i-'�, IOf.A7E0 ON 7/t t/17 : LEG�I,DESCRTPTION ' � �' \� � �� ,� �� ; , ____....___.__.___ ----_____._.__.__..._._.__.__.__. , , , A PORTION OF 1.0? 4A3 AND TNE A0.JACENT flIUHT-QF-WAY �� OF flIVER ORIVE AN� GOIF VIEYY DflIVE AS RECORDEq IN , , PIAT BOpK 25 PAGE 7 OF PAI.M BEACM COUNTY, FLONIOA. , ,_ j � \ i �� . , � \. LOT 14 \ ��'. ASPMALT ' j'U1 Sby VIL�AGE OF TEQUESTA GOT13 I HEflEBY CERTIFY TO EALM OP THE ABOYE TNAT A SURVEY OF THE PROPEPTY OfSCRIBED NEREON WAS AWpE UNOEH NV SUPEfiVISION ANO THAT THE SURVEY CONFORMS TO THE STANOAROS OF PNACTICE POfl PROFESSIONAL SURVEYOR AND MAPPERS AS OUTLINflO IN CMAPTER 5J-17, F.A.C., Pi1RSVANT TO GNAPTER 472.42'7 Of THE FlORIOA STATUTE8. oaAann¢nevistau: �r4wi�»�««m INTEN.OiffCE USf 0.H1Y1 JUIY 11,2017 ( .,.,._. _.___... . ._. ...... . .. _. ... .. .. .._......_._. OATE OF FIEID SURVEY GAEGORY T. TUCKER TYPE OF SURVEY: SPECTFIC PURPOSE Legac� SGA�E: � 20' L CY SURVEYING 6 NAPPING, INC. TREE LOGATTON DRAWN dY:��R R1�� _� LORI A St7flVHY0R N0. 6147 ELEVATSON ORTUA4� N�A � � � PHWECT: 7E(7UESTA .___,____�.._._.,,_�_.,,.__ SuncyqyFarMMappinytns. OAIIEY: NJA _.._ ...___� _ THTS SUAVEY IS NOT YALIO UNLESS SEALEO WITH AN EMBOSSED SURVEYON'S SEAL fL000 ZONE: N/A ��x e,v s.n.on..��a.� ppqpriN�'i�NO 77-�iO4 � ...... .—`-----�.—.__.._......_ rsm»,a.rt.u.ea .__.. . .... .__.. OR DIGITAL SIGNATURE. BASIS OF BEAHING:WEST q/W pF GOLf V2EW DA. �,�,,��N'„�"�'��,� J08 No.: I7-IO� � 1'itEE PRUNIId1A1�IREL�CAT'1�'l6V1RE�li101�'�lL FOROFFItEUSEDNlY ��r� ��ac��s�� o�� /,/ VILLAGE OE TEQUESTA Accepted By:-�(_,rrtL Application Date:� 345 TEQUES'fA DR.,TEQUESTA,fL 33469 qpp��tiars#: ��!�� (561)768-��i��$q�¢A98 KIND ofi PERMIT{CHECK OfUE): MAY � " ZO�T PROPERTY OWNER:�� S�� SZ��-->� o PRUNIVING-LIMS REMOV��p�P�� ADDRESS: �jb ��'K- (�1-v� UN1T: o TREE RELOCATION � ��Ty; j�(�),�''f}� STA7E: ^�_Z1P.33yb� e�TRfE REMOVAL&REPLACEMENT ❑MANDATED REMOVAL OF PROHIBITED SPECIES PH��E:SIPI S�'� FAX: ❑STUMP GRIND{NG-REMOVAL EMA1L: � a JOB LOCATION: SA�M� ❑ PlNE ❑OAK a PAIM o CYPRE55 o HICKORY o GUM p�� -- "--�--' -- —'-' —'-- '-�`-- ❑OTNER: FiAlJ`'�f�tJ �IAMETER(inchesj: (o�', ADDRESS: NF ��}�vj �1TY: � WORK DESCRIPTION: 4 , ,r-,. � `' t�V� OI�}.'. '2f' �A . . , � 4 , . i � � DBA tCOMPANY NAME): 1 �t��'S `) Cantact Person: ��1�"�-' � ADDRES5: l�� }�w u� �� STE: C13Y: � �l'� STA7E: ''�L ZIP:=��Z PNONE: y FAX: EMAtI: � Application is hereby made to obtain a permit#a da the work and installations as indicated.l certify that no wark has � commence pr�or o e�ssuance o a perm� an a a wor w� e per arme o mee e s an ar s o a aws�n �s jurisdiction.l understand that all debris must be removed#rom site upan tompletion af work. -l.r.�Xti�a#-al1-tla��ia�-ia€�matia Viqage o#Tequesta. SlGIVRTURE: `�--- -� DATE: � PR{NTED NAME: tf� ... OFflCE USE C1NLY BFLOW TNIS LlNE _ ai&2 FAMIIY o CONOOMINIUM ❑TOWNHOUSE o MULT-FAMiLY o COMMERCIAL a 1NDUSTR[AL o OTHER: DESIGNATION: oNA71VE SPECIES o SPECIMEN ❑ENDANGERfD � oPROHIBI7EA 5PEClES a OTHER TRAFFIC CONTROL REQUIRED: ❑YES o NO t�QUAl1FIED PERSONNEI o VILLAGE PQlICE(�$45.00 PER/HR) NOTES: - APPROVED BY: DATE: PERMiT NUMBER: (PERM17 OFFiCER} � a� m.. � �•3�l � ;s�� 3 Q•IZL3I? p.E3 �� •�i��?Q _ m ��, �':��t�ER � 1�,�'::\'!ETTI, deyi��j ��•oi�}�. E��c.__ . MEMORANDUM TO: Nilsa Zacarias, AICP Lance Lilly Department of Community Development �Ilage of Tequesta FROM: Stephen J. Parker, ASLA DATE: June 2, 2017 . RE: 40 River Drive I have reviewed the Tree Removal and Repiacement Application dated 5/9/17 for the Szorosy residence, 40 River Drive, and approve the proposed work. Please contact me with any questions. Sin rely, . ��i S#ep n Pa e , ASLA SJP/ p ; a\I)�C \1'! \RC�}illl�t'I 1121: • I'I \\\1\t� o t�lt�l'H1( 1 �'_� ti��u�h 1�.� (�i:h��;i� l)�ir 5«i�. ?;U .lu��itcr. F•furi�l:� ?;-!" ;t�l 7�17-�4?!�9 I i: ;t C�-ittJutl_'�)- 7/11/2017 Tequesta,Fl Code of Ordinances Sec. 78-397. - Prohibited plant species. (a) The following plant species shall not be planted in the village: (1) Melaleuca quinquenervia(commoniy known as Punk Tree, Cajeput or Paper Bark). (2) Schinus terebinthifolius(tommanly known as Brazilian Pepper or Florida Holly). (3) CasUarina species(commonly known as Australian Pine). (4) Acacia auriculiformis (commonly known as Earleaf Acacia). (S) Aibizia lebbeck(commonly known as Woman's Tongue). (6) Ardisia solonacea{commonly known as Shoebutton Ardisia). (7) Colubrina asiatica(commonly known as Leather Leaf�, (8) Dioscorea buibifera (commonly known as Air Potato). (9) Fiscus altissima (commonly known as Lofiy Fig). (10) Fiscus bengaiensis(commonly known as Banyan). (11) Hibiscus tiliaceus(commonly known as Mahoe). (12) Jasminum dichotomum (commonly known as Jasmine). (13) lygodium microphyllum (commonly known as Small-Leaved Climbing Fern). {14) Mimosa pigra (commonly known as Cat's Claw). (15) Rhodomyrtus tomentosus(commonly known as Downy Rose Myrtie). (16) Bischofia javanica (commonly known as Bischofia). (17) Cupaniopsis anacardioides (commoniy known as Carrotwood). (18) Sthefflera actinophylla (commonly known as Schefflera). (b) Any parte! of land upon which a structure has been heretofore erected and which received a certificate of occupancy prior to the date of adoption of the ordinance from which this settion is derived and cantains the prohibited landscaping provided in subsections(a){1) through (3) of this section shail have the prohibited landscaping removed and replaced with living landscaping pursuant to the provisions of this division within five years of the date of enactment.Any parcel of land upon which a structure has been heretofore eretted and received a certificate of occupancy prior to the date upon which the amendment to this section was adopted and contains the prohibited landscaping in subsections (a)(4) through {18)of this section shall have the prohibited landscaping removed and replaced with approved landscaping pursuant to the provisions of this division within four years of the date of enactment of such amendment.The removal oP prohibited landscaping as provided in this section 5hal! not apply to the prohibited landscaping existing on single-family lots or duplex lots lying within R-1, R-1A or R-2 districts, except as required by the specific requirements contained in.�ection 78-402. or to any or to lots located within the R/OP district. {Ord. No. 39-13, § 1, 2-13-14) https:lltibrary.municode.comlfl/tequesta/codes/code_of ordinances?nodeld=PTIICOOR_CH78Z0_ARTIXSURE_DIV4LA 1/1 i