Submitted by Suanne Z. Thamm
Reporter – News Analyst
February 7, 2018 8:40 p.m.
At their February 6, 2018 Regular Meeting, the Fernandina Beach City Commission (FBCC) unanimously approved adding the designation “Heritage Tree” to 8 trees located within the city’s Central Park. The trees, all Live Oaks, range 36”-46” in diameter at breast height. The city currently maintains these trees. According to city staff, the arborist’s health evaluation of these trees provides maintenance recommendations, which will be pursued in the current and future budget years.
While the passage of the specific action never seemed in doubt, various members of the audience raised other concerns about the city’s tree ordinance in light of recent raised concerns over a tree located on private property on South 5th Street. Over the course of a half hour, several individuals raised concerns over language and application of the ordinance, claiming that language was not clear or contradictory in places. Speakers also objected to reliance on the evaluations provided by arborists retained by the property owners, not the city.
It’s impossible to know if trees like to be hugged. But never doubt that Fernandinians cherish their trees and fiercely fight to protect them from all sorts of malpractice.
Planning Advisory Board (PAB) member Frank Santry said that the current ordinance does not include standards to insure protection for root systems of Heritage Trees. He recommended that the city hire or retain the services of a certified arborist who would not be part of Planning Department staff to be a tree advocate. That person would work to protect tree canopies, conduct onsite inspections and review construction plans to ensure that trees are appropriately protected. He also suggested that this person should liaise with utilities to make sure that trees are protected during work on lines and pipes.
Both Peggy Lehosit, who has prepared the Heritage Tree nominations for city consideration, and Margaret Kirkland, who represents the Amelia Tree Conservancy, strongly supported the need to revisit the existing ordinance. Julie Ferreira, a prominent supporter of local environmental causes, also spoke to the need for standards. She highlighted concerns over the future of “Fred’s tree,” in light of proposed development on the property.
Commissioner Roy Smith reminded Ferreira that private property rights also come into play with tree preservation. “Will you buy the property to protect the tree?” he asked. Vice Mayor Len Kreger also spoke to the need to balance tree protection with the rights of private property owners. He expressed concerns over restrictions that might be construed as a taking of development rights under the Bert Harris Act. This act, passed by the Florida Legislature in 1995, provides a specific process for landowners to seek relief when their property is unfairly affected by government action. Under the act, a claim exists if a governmental entity inordinately burdens an existing use of real property or a vested right to a specific use of real property.
City Manager Dale Martin supported the need to redraft the tree ordinance, which was originally written more than 50 years ago. He said that because the Planning Advisory Board (PAB) already has a lot of work on its plate, he would recommend a separate committee, whose work product would be forwarded to the PAB for review and recommendation. He invited Lehosit, Kirkland and Ferreira to join the committee.
Commissioner Phil Chapman renewed his call for the city to hire a full- or part-time arborist. Kreger reminded Chapman that decisions regarding personnel are made during the city’s annual budget cycle, not on an ad hoc basis.
Commissioner Chip Ross expressed his support for the City Manager’s plan as a way to alleviate the public’s concerns. “A lot of controversy could be eliminated with a clear mission statement and ordinance,” he said.
Smith informed Chapman that with respect to the 5th Street controversy over the weekend, the city had engaged the services of a certified arborist in addition to the property owner’s arborist. Chapman appeared confused, replying that he did not know that the city had an arborist on staff. Smith said that the city does not need to have one on staff, but retains the services of one when needed – just as a private property owner would. Ross added that in this particular case there were actually three arborists involved. He said that their written reports varied considerably.
Both Mayor Miller and Commissioner Ross said that they would prefer to deal with a committee recommendation on the best way for the city to obtain services of an arborist.
Planning Manager Kelly Gibson reported that the property owner had picked up the permit to build a single-family home on February 1, and that the arborist had inspected the Heritage Tree the following day. She said that until there is a revised tree ordinance, she would insure that the city engages an arborist to review permits on the city’s behalf when Heritage trees might be impacted.
It appeared to be the consensus of the FBCC to move forward with the City Manager’s creation of a Tree Committee to handle problems with the existing ordinance.
Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.