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2000-07-18 RegularCITY OF OKEECHOBEE JULY 189 2000 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER: - Mayor: July 18, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Chaplain VMsmael Sanchez; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2000 Regular Meeting. PAGE 1 OF 6 Mayor Kirk called the July 18, 2000 Regular City Council Meeting to order at 6:00 p.m. Chaplain Sanchez led the invocation; Mayor Kirk led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 20, 2000 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. JULY 18, 2000 - REGULAR MEETING - PAGE 2 OF 6 919 V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2000 Warrant Register in the amounts: Council Member Watford moved to approve the June 2000 Warrant Register in the amounts: General Fund two hundred fifty-seven thousand, five hundred sixty-seven dollars, forty-two cents ($257,567.42), Debt Service Fund General Fund ............................... $257,567.42 ninety-nine thousand, six hundred eighty-two dollars, forty-eight cents ($99,682.48), Public Facility Improvement Fund Debt Service Fund ............................ $99,682.48 nine hundred ten dollars, two cents ($910.02); seconded by Council Member Oliver. There was no discussion on this Public Facility Improvement Fund .................. $910.02 item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Vl. AGENDA- Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. I New Business item A was deferred until the August 15, 2000 meeting. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:07 p.m. A.1. a) Motion to read by title only, proposed Ordinance No. 754 adopting a Council Member Watford moved to read by title only, proposed Ordinance No. 754 adopting a Small Scale Amendment Small Scale Amendment to the Comprehensive Plan, pursuant to to the Comprehensive Plan, pursuant to privately initiated Application No. 00-001, which provides for an amendment privately initiated Application No. 00-001, which provides for an to the Future Land Use Map for Lots 7 to 10 of Block 92, City of Okeechobee from Residential Single Family to amendment to the Future Land Use Map for Lots 7 to 10 of Block Commercial; seconded by Council Member Oliver. 92, City of Okeechobee from Residential Single Family to Commercial - City Planning Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. JULY 18, 2000 - REGULAR MEETING - PAGE 3 OF 6 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 754 by title only. Attorney Cook read proposed Ordinance No. 754 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635ASAMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 11 DATE." 2. a) Motion to adopt proposed Ordinance No. 754. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Council Member Markham moved to adopt proposed Ordinance No. 754; seconded by Council Member Oliver. Mayor Kirk asked whether there were any questions or comments from the public. City Planning Consultant, Jim LaRue, addressedthe Council stating, the matter before you is a Small Scale Amendment, which means thatitinvolves land under ten acres. It only requires one hearing. Does not have to be reviewed by the Department of Community Affairs. Application No. SSA-00-001 was submitted by Mr. Bill Steg'kemper on behalf of Glenn Hamilton, Trustee for Harris Bank. The legal description of the property is Lots 7, 8, 9 and 10 of Block 92, City of Okeechobee Subdivision. It is located at Northwest 5th Street and 3`" Avenue. The current Future Land Use Designation is Residential Single Family. The current Zoning is Commercial, Professional Office. The property is currently vacant, however the proposed use of the property will be a medical office building. The request is to change the Future Land Use Designation to Commercial to make it consistent with the Zoning designation, therefore allowing the property to be developed. Following a brief discussion between the Council, Planner LaRue and the Applicant, Mr. Steg'kemper regarding the surrounding use, Council concluded to accept the recommendation of the Land Planning Agency based on staff recommendation and find this plan amendment to be consistent with the Comprehensive Plan. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:12 P.M.. JULY 18, 2000 - REGULAR MEETING - PAGE 4 OF 6 921 VIJI. NEW BUSINESS. A. Discuss and consider designating/creating a department to handle This item was deferred until the August 15, 2000 meeting. the process of applying for and maintaining the designation of Tree City USA for the City of Okeechobee - Dale Armstrong, Forester and Jim McCoin, President of Charlie's Tree and Lawn, Inc. (Exhibit 2). B.1. Motion to accept Buck Farrenkopf, Chief of Police Letter of Council Member Watford moved to accept Buck Farrenkopf, Chief of Police Letter of Retirementwith regret; seconded Retirement - Police Chief/City Administrator (Exhibit 3). 111 by Council Member Oliver. Mayor Kirk echoed the regret, thanked him for the time with the City, he has done an excellentjob. Council Member Watford stated, that he appreciated Chief Farrenkopfs work, performance, and the professionalism he's shown while serving as Chief. VOTE KIRK - YEA CHANDLER -YEA - MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 2. Discuss filling the Chief of Police position - City Administrator Mayor Kirk addressed the Council regarding the matter of filling the Police Chiefs position. Along with Chief (Exhibit 3). Farrenkopfs letter ofretirementwas also a letter recommending Captain Dennie Davis as his successorfor City Police Chief. Mayor Kirk began the discussion by stating that his first reaction was that the City does not need to advertise. We have people within the system that are qualified. It creates an incentive for employees to stay with us and get the promotions. He suggested the Council not go outside, and to give strong consideration to the Chiefs recommendation. Council Member Chandler stated he would rather promote from within. The Chief put a lot of emphasis on this recommendation. Council Member Chandler moved to accept (the Chief's recommendation and appoint) Dennie Davis as the new Police Chief (effective September 1, 2000), seconded by Council Member Oliver. Council Member Watford agreed, however was concerned whether the position should be advertised. Discussion ensued. Council decided that the position does not need to be advertised and that they would not be setting a precedent since they have handled these items on a case by case basis in the past. 922 .JULY 18, 2000 - REGULAR MEETING - PAGE 5 OF 6 VIII. NEW BUSINESS CONTINUED. 2. Discuss filling the Chief of Police position continued. C.1. Motion to approve advertising a 14.98% increase in the roll back property tax rate - Finance Coordinator/City Administrator (Exhibit 4). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve advertising a 14.98% increase in the roll back property tax rate; seconded by Council Member Oliver. Council Member Watford noted that this does not mean we are raising the millage rate, this is just for advertising purposes. This is normally what we do. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 2. Motion to set August 22, 2000 at 5:00 p.m. as the Budget Council Member Watford moved to set August 22, 2000 at 5:00 p.m. as the Budget Workshop, September 5, 2000 at Workshop, September 5, 2000 at 5:01 p.m. for the First Budget 5:01 p.m. for the First Budget Hearing and September 19, 2000 at 5:01 p.m. for the Final Budget Hearing ; seconded Hearing and September 19, 2000 at 5:01 p.m. for the Final Budget by Council Member Oliver. Hearing - Finance Coordinator/City Administrator (Exhibit 4). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. July 18, 2000 - Regular Meeting - Page 6 of 6 923 \All. NEW BUSINESS CONTINUED. D. Update on the Marvin Brantley Code Enforcement Board Case - Attorney Cook updated the Council regarding the Marvin Brantley Code Enforcement Case by stating that he checked City Attorney. on the status of the appeal. The Courts do not have very many of these types of cases, so they wait and only do them certain times of the year. It will be the middle of September before the court hears the appeal, which means it could be the first of October before the City gets a decision. Mr. Brantley can then appeal that decision in circuit court and that decision could take up to one year, DL ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT AVERBATIM RECORD OF THE PROCEEDING IS RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON VIHICH THE APPEAL IS TO BE B . ATTEST: J ES E. kIRK, MAYOR BONNIE S. THOMAS, CMC, CITY CLERK Following a lengthy discussion, Council instructed Attorney Cook to research other avenues that could be taken to try to resolve this issue. Should it be required, Attorney Cook could request the Mayor call a Closed Executive Session in order to discuss this matter further. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:55 p.m. Page -I- CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING - July 18, 2000 HANDWRITTEN MINUTES I CALL TO ORDER: - Mayor: Xwk -TuLv 1s. 2000. CGLS� Counc%LResiular Meetula, 6:00 p.rrtc 111. OPENING CEREMONIES: Invocation offered by Chab1aiwSa.vwhe,,z,r: Pledge of Allegiance led by Mawor Xi.+wdv Ib. MAYOR, COUNCIL AND STAFF ATTENDANCE - Dwuty Clerk Gamiotea Present Absent Mayor Kirk X Council Member Chandler X Council Member Markham X Council Member Oliver X Council Member Watford X Attorney Cook X Administrator Veach X City Clerk Thomas X Deputy Clerk Gamiotea X Office Assistance Rogers X IV. MINUTES - City Clerk. A. Council Member NC moved to dispense with the reading and approve the Summary of Council Action for the June 20, 2000 Regular Meeting; Council Member LM DISCUSSION: NONE. VOTE: KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. V WARRANT REGISTER - City Administrator. A. Council Member DW moved to approve the June 2000 Warrant Register in the amounts: General Fund two hundred fifty-seven thousand, five hundred sixty-seven dollars, forty-two cents ($257,567.42), Debt Service Fund ninety-nine thousand, six hundred eighty-two dollars, forty-eight cents ($99,682.48), Public Facility Improvement Fund nine hundred ten dollars, two cents ($910.02); seconded by Council Member BO . DISCUSSION: NONE KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. VL AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Page -2- (MAYOR KIRK ASKED WHETHER THERE WERE ANY REQUESTS FRO THE ADDITION, DEFERRAL OR ,O' THDRAWAL OF ITEMS ON TODAY'S AGENDA. NEW BUSINESS ITEM A WAS DEFERRED UNTIL THE 'AUGUST 15, 2000 MEETING. Mi. MAYOR Kirk OPENED PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03PM A. 1. a) Council Member DW moved to read by title only, proposed Ordinance No. 754 adopting a Small Scale Amendment to the Comprehensive Plan, pursuant to privately initiated Application No. 00- 001, which provides for an amendment to the Future Land Use Map for Lots 7 to 10 of Block 92, City of Okeechobee from Residential Single Family to Commercial - City Planning Consultant (Exhibit 1). seconded by Council Member BO . b) Vote on motion to read by title only. KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 754 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE i COMPREHENSIVE PLAN, ORDINANCE No. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member LM moved to adopt proposed Ordinance No. 754; seconded by Council Member BO . b) Public Comments - JIM LARUE, CITY PLANNER -MATTER BEFORE YOU IS A SMALL SCALE AMENDMENT, UNDER 10 ACRES, ONLY REQUIRES 1 HEARING. DOESN'T HAVE TO BE REVIEWED BY DCA, LOCATED AT NW 5'H STREET, DON'T NEED TO KNOW INTENT BUT IT IS INTENDED TO BE DEVELOPED INTO MEDICAL OFFICES. NOW CONSISTENT WITH ZONING, COMPATIBLE WITH AREA, SOME RESIDENTIAL, LPA RECOMMENDED APPROVAL. DW - REST OF THE AREA RSF? WHY NOT CHANGE THE WHOLE BLOCK AT ONE TIME? LARUE - SOME IS AND SOME ISN'T, REST IS VACANT, COMMERCIAL ON ZONING AND RSF ON FLUM. TRANSITIONAL AREA GOING TO COMMERCIAL, PREFER APPLICANTS OR LAND OWNERS DO IT THEMSELVES, KIND OF BEEN WHAT COUNCIL HAS ESTABLISHED, MY OFFICE CAN TAKE THAT ON IF COUNCIL WISHES TO INSTRUCT US TO DO SO. DW- BLK 93? OR 107 DO WE KNOW WHAT THEY ARE? LARUE - WILL CHECK WHILE YOU TAKE OTHER INPUT. BILL STEG'KEMPER, ERA REALTOR, 300 PLAZA FACES THIS PROPERTY, THERE'S A CPA OFFICE, RESTHOME INAREA, CONTRACTOR ON CORNER, WHOLE AREA IS GOING FROM RSF TO COMMERCIAL, DR H BUILDING OFFICE NEXT DOOR, REDUNDENT GO OVER SAME THING, AGREE W/ COUNCIL DO THE WHOLE BLOCK AT ONE TIME. i LM - ROAD THROUGH THERE THAT HAS NEVER BEEN CLOSED, DITCH IN ROAD. DW-LOGICAL THING TO DOJO BE FAIR TO APPLICANT, NOT HOLD UPAPPLICATION. BLK SHOWS COMMERCIAL, ANOTHER SHOWS RESIDENTIAL. LARUE - BLOCK 93 IS COMMERCIAL. HALF OF THE BLOCK WILL NOW BE COMMERCIAL WITH THIS AMENDMENT. WHEN THOSE WERE VACANT, IT WAS HARD TO TELL WHAT WOULD GO THERE. NC - ISN'T THAT OUR CORRIDOR FOR COMMERCIAL ALONG 6"" AVE? Page-3- YES. NO DIRECTION FROM COUNCIL AT THIS TIME ON REDOING REST OF BLOCK. c) Vote on motion. KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor 6:12 PM Vill. NEW BUSINESS. A. Discuss and consider designatng/creatngadepartmentto handle the process of applyingforand maintaining the designation of Tree City USA for the City of Okeechobee - Dale Armstrong, Forester and Jim McCoin, President of Charlie's Tree and Lawn, Inc. (Exhibit 2). ! THIS ITEM WAS DEFERRED UNTIL THE AUGUST 15, 2000 MEETING. B.1. Council Member DWW moved to accept Buds Farrenkopf, Chief of Police Letter of Retirement WI REGRET- Police Chief/City Administrator (Exhibit 3); seconded by Council Member BO JK - ECHO REGRET, THANK HIM FOR THE TIME WITH US, DONE AN EXCELLENT JOB. DW - APPRECIATE WORK, PERFORMANCE, PROFESSIONALISM HE'S SHOWN, NOW I UNDERSTAND WHY HE WAS PUSHING RETIREMENT AMENDMENT SO MUCH! EFFECTIVE AUG 31? YES. NC - I'LL SAVE MY COMMENTS FOR LATER. VOTE: KIRK - YEA CHANDLER - YEA MARKHAM-YEA OLIVER-YEA WATFORD - YEA MOTION CARRIED. 2. Discuss filling the Chief of Police position - City Administrator (Exhibit 3). JK - FIRST REACTION, DON'T FEEL WE NEED TO ADVERTISE, HAVE PEOPLE WIN SYSTEM THATARE QUALIFIED, INCENTIVE TO STAY WI US AND GETTHE PROMOTIONS, SUGGEST WE NOT GO OUTSIDE, DON'T ADVERTISE EXCEPT TO OUR OWN PEOPLE, GIVE STRONG CONSIDERATION TO CHIEF'S RECOMMENDATION. NC - RATHER PROMOTE WIN, CHIEF PUT A LOT OF EMPHASIS. I MOVE ACCEPT DENNIE DAVIS AS OUR NEW POLICE CHIEF. SECONDED BY BO.. DW - AGREE WI ALL SAID, NO PROBLEM W/ INDIVIDUAL BEING RECOMMENDED HERE, SAID THIS LAST TIME WHEN CHIEF MOBLEY RETIRED AND RECOMMENDED BUCK, DID WE DID A LIMITED AMOUNT OF ADVERTISING, FEEL WE HAVE RESPONSIBILITY TO DO THAT, FILL THAT POSITION WITH THE BEST CANDIDATE, W/ THE BEST PERSON WE CAN AND YOU DON'T KNOW WHO ELSE YOU MAY HAVE THE QUALIFICATIONS, AND I'M NOT SAYING YOU HAVE TO ADVERTISE ALL OVER THE STATE, COUNTRY. AGREE W/ EVERYTHING SAID, WE LIKE TO HIRE LOCAL PEOPLE, STILL RESPONSIBLE POSITION, MAYBE THAT'S NOT AN ISSUE. SEEMS LIKE WE HAVE THAT RESPONSIBILITY TO THE • • Page -4- PUBLIC. ALTHOUGH I AGREE W/ EVERYTHING SAID, MAY NOT GET ANY APPLICATIONS AND WE MAY STILL COME TO THE SAME CONCLUSION, NEVER KNOW. JK - LAST TIME WE ADVERTISED IN THE PALM BEACH POST AND OKEECHOBEE NEWS. BO - DISAGREE W/ADVERTISING, WE HAVE QUALIFIED PEOPLE HERE, LET EMPLOYEE'S KNOW WE HAVE THE CONFIDENCE W/ THEM, HAVE A FINE RECOMMENDATION, GO WI THAT. - DW - AGREE, ONLY PROBLEM IS, ITS VERY CLEAR CUT, PROBLEM DOWN THE ROAD, SOME OTHER DEPT HEAD RETIRES, HE MAKES A RECOMMENDATION, HURT MORE FEELINGS BY NOT TAKING THE NEXT DEPT HEAD RECOMMENDATION. CAN'T RECALL A TIME WHEN WE HAVEN'T ADVERTISED A POSITION, MAYBE WE HAVE, SET DANGEROUS PRESIDENT. BO - DON'T HAVE TO DO THE SAME THING EVERY TIME, IF WE FEEL IT'S OKAY. NC - WE WERE GOING TO DO THE SAME THING W/ PUBLIC WORKS? WITH CLEVELAND? DW - YOUR RIGHT, I FORGOT ABOUT THAT, YES, THANK YOU. JK - GOOD PEOPLE, SERVING 2'D IN COMMAND FOR 3 YEARS, THINK THAT'S KIND OF EXPERIENCE YOU CANNOT FIND, MAY FIND EXPERIENCE AND QUALIFICATIONS, BUT NOT WITH THE CITY OF OKEECHOBEE. DW - ASKED ATTORNEY COOK, OKAY TO DO THIS? JC - REVIEWED PERSONNEL HANDBOOK TODAY, NOTHING IN HANDBOOK THAT REQUIRES WE ADVERTISE AND CLEARLY STATES WE SHOULD PROMOTE FROM W/IN. DW- HE'S NOT CLOSE TO RETIRING IS HE? JK- NOT TAKING THIS LIGHTLY, GIVING AGREAT DEAL OF LEVERAGE TO POLICE CHIEF'S RECOMMENDATION, FEEL IT WOULD ONLY BE NATURAL THAT HE WOULD BE THE NEXT ONE. JUST BECAUSE IT ONLY TAKES A FEW MINUTES IN THE MEETING DOESN'T MEAN WE'RE TAKING THIS LIGHTLY WERE NOT AND WE'RE NOT ALWAYS GOING TO FOLLOW THIS PROCEDURE. VOTE: KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. CA. Council Member DW moved to approve advertising a 14.98% increase in the roll back property tax rate - Finance Coordinator/City Administrator (Exhibit 4); seconded by Council Member BO DW- CAN LOLA EXPLAIN THIS, ISN'T IT TO OUR BENEFIT TO DO IT THIS WAY? LOLA -14.98 % OVER THE APPRAISED PROPERTY, JUST THE BASE RATE i ! DW- THAT DOESN'T MEAN WE'RE RAISING THE MILLAGE RATE, JUST FOR ADVERTISING t PURPOSES? CORRECT. THIS IS NORMALLY WHAT WE DO. SAME PROCEDURE WE ALWAYS DO. LOLA - RIGHT, EXCEPT FOR LAST YEAR. Page-S- KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 2. Council Member DW moved to set August 22, 2000 at 5:00 p.m. as the Budget Workshop, September 5, 2000 at 5:01 p.m. for the First Budget Hearing and September 19, 2000 at'5:01 p.m. for the Final Budget Hearing - Finance Coordinator/City Administrator (Exhibit 4); seconded by Council Member BO . DW -WHY 5:01? LOLA - CAN'T HAVE PUBLIC HEARING BEFORE 5:00 P.M. KIRK - YEA CHANDLER -YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D. Update on the Marvin Brantley Code Enforcement Board Case - City Attorney. JC - CHECKED ON THIS TODAY, TIME PERIOD FOR FILING DOCUMENTS WERE UP SOME TIME AGO, FOUND OUT THEY DON'T HAVE VERY MANY OF THESE SO THEY WAIT AND ONLY DO THEM CERTAIN TIMES OF THE YEAR, IT WILL BE MID SEPT BEFORE THE COURT HEARS THE APPEAL, COULD BE 1ST OF OCT BEFORE WE GET A DECISION. BO - WHAT HAPPENS WHEN WE GET THE DECISION? JC - TWO WAYS THEY COULD GO, EITHER FIND THE CODE BOARD DID NOT REVIEW EVIDENCE/NOT ENOUGH EVIDENCE OR FIND THE ORDINANCE CREATED AN UNCONSTITUTIONAL SITUATION. BRANTLEY'S ATTORNEY IS CLAIMING BOTH, HE STATES IN THE APPEAL THAT BRANTLEY WAS SINGLED OUT, IF THEY AGREE W/ THAT ARGUMENT, ORD WILL BE CONSIDERED UNCONSTITUTIONAL, HAVE TO REDRAFT AND ADOPT A NEW ORDINANCE. DW - FEEL CONFIDENT IN ORDINANCE? JC - ON ORD YES, WHEN THE ORIGINAL ORANGE BOOK WAS ADOPTED BRANTLEY WAS A NON -CONFORMING USE EVENTHEN. EVIDENCE SUBMITTED - SAFETY AND, NOT JUST BEAUTIFICATION ISSUE, SAFETY ISSUE ALSO. THEY HAVE BURDEN OF PROOF TO SHOW WE DID NOT HAVE CORRECT EVIDENCE. AFTER DECISION, WITH US, COUNCIL PURSUE TO TAKE CARE OF BRANTLEY. LIEN IS ON GOING AND MATTER ON APPEAL. BO - ANTIQUES RIGHT NEXT TO RIGHT OF WAY, DOT ISSUE? JC - DOT SAID IT WAS OUR PROBLEM. WE COULD DECLARE A NUISANCE AS FAR AS PUBLIC SAFETY, AND CITY CAN GO ON PROPERTY TAKE OF SITUATION, THEN CHARGE LAND OWNER, WHETHER THE COUNCIL WANTS TO DO THAT, YOU WILL HAVE TO DECIDE. BO - HANDICAP MOTOR CHAIRS HAVING TO GO IN ROAD, ETC, SOMEONE GETS RUN OVER, WE GET SUED? JC - YES, BUT CITY CAN ALSO SHOW IT IS TRYING TO HANDLE ISSUE, ITS IN APPEAL. BO - ATTORNEYS THAT SPECIALIZE IN CODE ENFORCEMENT? Page -6- JC , NOT PARTICULARLY, FLORIDA STATUTES PRETTY CLEAR ON WHAT YOU CAN AND CANNOT D0: BO - SEEMS RIGHT OF WAY ISSUE WOLD BE ENOUGH. DW - OCCUPATIONAL LICENSE? REVOKE THAT? DON'T KNOW THAT IT WOULD DO ANYTHING. JC - VIABLE, JK -1 PROBLEM WE HAVE IS ANYTHING WE SAY OR THINK ABOUT DOING IS AVAILABLE TO WHOEVER. I THINK AS MUCH TROUBLE AS WE'VE HAD, DON'T JEOPARDIZE WHERE WE ARE NOW. ON THE OTHER HAND, TAKE SOME STEPS, WE DON'T WANT TO GIVE i' THE IMPRESSION THAT WE ARE SINGLING SOME BODY OUT BECAUSE WE AREN'T AND WE CANNOT GIVE THEM ANY EVIDENCE THAT WE ARE. SHAME WE HAVE TO DISCUSS THIS IN AN OPEN FORUM. JC - WAY TO DISCUSS IT IN PRIVATE. EVERY LAND OWNER IN CITY HAS RIGHT NOT TO BE PRE -JUDGE..... f JK - HAVE VIOLATION, EITHER DO SOMETHING WITH WHAT WE HAVE OR NO POINT IN I' HAVING CODE ENFORCEMENT. PROBLEMS WE'VE HAD, DO NOT WANT US TO DO ANYTHING THAT WILL SET THIS PROCESS BACK, CAUSE IT TO GO ANOTHER 6 MONTHS BECAUSE WE HAD AN ADVERSE RULING. I'VE SEEN THAT SIDEWALK, PEOPLE ARE TRYING TO GET UP IN THERE, NOT ENOUGH ROOM, NOT SURE WE CAN DO ANYTHING RIGHT NOW. JC - ANOTHER AVENUE, WILL BE DISCUSSING W/ BILL AND BUCK. LAND OWNER HAS RIGHT TO APPEAL DECISION IF THEY DECIDE ON OUR BEHALF, COULD TAKE UP TO 1 YEAR. NC - WHY IS HE STILL DOING WHAT HE'S DOING? WHAT'S HIS REASON FOR THE APPEAL. JC - HE HAS A DEBATABLE ISSUE, HAS RIGHT TO CONTEST IT AS ANYONE ELSE DOES. BO - TO KEITH, WHAT ISSUES ARE YOU CURRENTLY WORKING ON? KT - 70 EAST, LETTERS ON SIGNS, S PARROT AVE, MAKING SWEEPS THROUGH CITY. $150. IN POSTAGE SENDING OUT LETTERS TO PEOPLE IN VIOLATION. BO - THAT'S EVIDENCE RIGHT THERE THAT WE ARE NOT SINGLING OUT ANY ONE PERSON, WE'RE CITING OTHER PROPERTY OWNERS. JC - IT THE ORDINANCE THAT WAS WRITTEN THAT THEY ARE SAYING SINGLES HIM OUT SINCE HE WAS AND IS THE ONLY ONE OF THAT TYPE OF BUSINESS WHEN WE PASSED IT. DW- ANY MERITTOASKING ATTORNEYTO INVESTIGATE REVOKING BUSINESS LICENSE, IF THERE'S JUSTIFICATION. AT LEAST SHOW SOME RESOLVE ON OUR PART AND ASK ! POLICE DEPT TO DILIGENT PURSUE PARKING -VIOLATIONS IN THAT AREA. BUCK - WE'RE DOING THAT NOW. JK - DO WHATEVER WE CAN DO. AM I OFF BASE HERE. IF WE DO THAT WOULD IT HELP HIS CASE TO SHOW WE ARE SINGLING HIM OUT? EFFECT ON PUBLIC SAFETY? I JC - EXECUTIVE SESSION WHEN YOU MEET, MINUTES, SEALED, NEED TO CONSIDER Page -7- THAT? JK - MAKE SURE WE ARE ON SOLID LEGAL GROUND TO GO INTO EXECUTIVE SESSION. NEED TO BE ABLE TO SPEAK FREELY W/ OUT PUBLIC KNOWLEDGE, ONCE THEY (BILL, COOK & CHIEF) MEET MAYBE WE NEED TO DO THAT. NOT SOMETHING TAKEN LIGHTLY. JC - THE ONLY REQUIREMENT IS THAT YOU HAVE TO HAVE AN ACTUAL CASE PENDING, WHICH WE DO. CAN HAVEA SPECIAL MEETING, 5:30 P.M.,11 MEETING IN AUGUST. DONE ALL WE CAN DO? NO OTHER AVENUES WE COULD PURSUE ONCE I LEARN JUST HOW BAD THAT PROBLEM IS DOWN THERE. JK - IF IT CAN TAKE UP TO A YEAR IN ANOTHER APPEAL, WE NEED TO DO SOMETHING ELSE. DW - THIS IS A SENSITIVE ISSUE, DON'T THINK ANY OF US WANT HIM TO LOOSE BUSINESS, ECONOMIC STABILITY, LAND, ETC. BO - NO BUT WE'VE BENT OVER BACKWARDS TO WORK WITH HIM AND HE'S DONE NOTHING. DW - AGREE AND WE'VE TOLD HIM WE'VE TAKEN A LOT OF HEAT FOR HIM, DRAGGED OUR FEET TO HELP HIM BUT WE HAVE'BEEN GIVEN NO OTHER CHOICE. JK - IF WE NEED TO GO INTO EXECUTIVE SESSION WE WILL. ADJOURNMENT 6:55 P.M. _J • • CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING - July 18, 2000 HANDWRITTEN MINUTES Page -I- I. CALL TO ORDER: -Mayor: xcrk. hav 18. 2000. cfzv coww►ef.L7zeat4uw Meet, . (n ' 0 6 P.m IL OPENING CEREMONIES: Invocation offered by Pledge of Allegiance led by Mavor X" III; MAYOR, COUNCIL AND STAFF ATTENDANCE - 001 gkmLaft Present Absent Mayor Kirk v' Council Member Chandler yl' Council Member Markham f Council Member Oliver Council Member Watford Attorney Cook Administrator Veach V City Clerk Thomas ( ✓_ Deputy Clerk Gamiotea ✓ IV MINUTES - City Clerk. A. Council Membermoved to dispense with the reading and approve the Summary of Council Action for the June 20, 2000 Regular Meeting; Council Member �"- DISCUSSION: Yea No Abstained Absent KIRK CHANDLER ✓ MARKHAM OLIVER WATFORD MOTION: CARRIED DENIED V.! WARRANT REGISTER - Ciity�Administrator. A. Council Member moved to approve the June 2000 Warrant Register in the amounts: General Fund two hundred fifty-seven thousand, five hundred sixty-seven dollars, forty-two cents ($257,567.42), Debt Service Fund ninety-nine thousand, six hundred eighty-two dollars, forty-eight cents ($99,682.48), Public Facility Improvement Fund nine hundred ten dollars, two cents ($910.02); seconded by Council Member DISCUSSION: Yea No Abstained Absent KIRK ! CHANDLER �— MARKHAM OLIVER _t WATFORD MOTIC CARRIED — ENIED Page -2- M. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. MAYOR Kip K- OPENED PUBLIC HEARING FOR ORDINANCE ADOPTION AT (e:Off A.1. a) council Member FS u moved to read by title only, proposed Ordinance No. 754 adopting a Small Scale Amendment to the Comprehensive Plan, pursuant to privately initiated Application No. 00-001, which provides for an amendment to the Future Land Use Map for Lots 7 to 10 of Block 92, City of Okeechobee from Residential Single Family to Commercial - City Planning Consultant (Exhibit 1). seconded by Council Member b) Vote on motion to read by title only. Yea No Abstained Absent KIRK c) City Attorney to read proposed CANDLER Ordinance No. 754 by title only as MARKHAM 7- follows: "AN ORDINANCE OF THE OLIVER I'll CITY OF OKEECHOBEE, FLORIDA WATFORD AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE MOTION: C IED DENIED PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Memberw moved to adopt proposed Ordinance No. 754; seconded by Council Member 6,0 b) Public Comments _[1 M lA gu'L P 10.1�."jL 4 m-4Jll' ZC4kP- L"JtX 10 0-U- A I hcatL c tXjP1 CA *L A+,ate J 5kk- et PM, � � � 1 d S Co , l,o-,d U-" nui CL(a 0_,..3�� bloc- nb- 1KAJ 1o+2. j, Kk I Yea N Absta' ed Ab t g)rti S_a kt, _P" EP ,A 306 P1ar� Carn . a iCn� 0-,U.0— 11.IZ SIAto CIOM. !alit TS- Rcsi(fa+}�Q@ 4 0-7 C. - o c) Vote on motion. u coy .' CLOSE PUBLIC HEARING - Mayor L I3 o m sen KIRK CHANDLER ✓ MARKHAM OLIVER WATFORD T- MOTION: CARRIED DENIED --kor" �-- Page -3- VII. NEW BUSINESS. A. Discuss and consider designating/creating adepartmeritto handle the process ofapplyingforand maintaining the designation of Tree City USA for the City of Okeechobee - Dale Armstrong, Forester and Jim McCoin, President of Charlie's Tree and Lawn, Inc. (Exhibit 2). I Page -4- B. 1. Council Member D u moved to accept Buck FaMcenkopf, Chief of Police Letter of Retirement - Police Chief/City Administrator (Exhibit3); seconded by Council Member I� a Yea No Abstained Absent KIRK CHANDLER „L MARKHAM V, OLIVER V1- Cs�fyt,Wa_tid CAI WATTATFORD M," n. MOTION: CARRI DENIED W0.E�oad - 2. Discuss filling the Chief of Police position - City Administrator (Exhibit 3). k<%'(K - Dots no-i 40 Ago OU-tS�& or adrAA -. 6VL- � �caQ► st Qto�exa fo l6eK a� - t%-QA--�i�¢s a IV�p FR fA P l r ky l- S � . Q —� pera n yJWN"O+N rnoa� dnf. pa�u ZAA e).0 pose - p ►� - o.� - Co�csn,� t,a.- ! �rn;tE�-- c�d�sn�'. lain f; bto v c� {� i o (ko + ha. 1 P Pam° C: c. +(j Jill A*9.+ w ,-ft— �'� 1p Ramon ea k4,am�s w s- Puk; IOLC `S' pyb1�l. - - --- |`-------- -'-- - - ---- -- ^o�-_ou��_- _ - _ / ' A yu-1.� WaL )JL lm �u ^�o �� -1 ANVIL =4V;Af Uw 0�m(_� r--r, ' - --- -�T -' - -- -----'------------ ------'---- - -- ------- -'-- ------- --- '---- ------ - 3 - --- [lko-d G'fl~ cnVl-^T' L. ' q *~ __ _rT --- --- --' ----------------�-------- ------________�_____'_'_--_� ----- - --- / i | i ^ Page -5- C. 1. Council Member p� moved to approve advertising a 14.98% increase in the roll back property tax rate - Finance Coordinator/City Administrator (Exhibit 4); seconded by Council Member $ 6 Yea No Abstained Absent KIRK k/ CHANDLER [a- ¢ {J Iat t OLIVER MARKHAM WATFORD (aA,- Act-4MOTION: CARRI DENIED k 2. Council Member moved to set August 22, 2000 at 5:00 p.m. as the Budget Workshop, September 5, 2000 at 5:01 p.m. for the First Budget Hearing and September 19, 2000 at 5:01 p.m. for the Final Budget Hearing - Finance Coordinator/City Administrator (Exhibit 4); seconded by Council Member 'fib Yea No Abstained Absent KIRK CHANDLER M OLIVER OLIVER WATFORD MOTION: Q�ARRJIE - DENIED • Page -6- D. Update on the Marvin Brantley Code Enforcement Board Case - City Attorney. 000 — ii nu p� ioc� n� aocu.nedCf �ac..Ks�l t,Ji-k1�. a,udtC�aQ o.SSiS�.a�� ns; dew Co rv�;dd fo u_I 0, 0- 10kA C��ld b, I Qt Ce do- B O ►.d d; a A04 PaoPUI � C6e14 a ace . tx-�A-, ca--IQgoyZ' Ond . %Ja k. id. �o. to (OL A-0 -dk 06 (3 4�-' c0. bo,...k Q-0 osf , f (q78 1-F.2x,&i R%x3S-2 *-C-Q- 6Lmnt.��cQ�i6�+1� KJ-. + s+e-p f I Nj j t\ hee ►� de k-D- wd NOT Ag�-f (3f IJQI q Tu- JuJ v:I I. A- L-O tie.- (l.1 4) ( I C o� p� 6 9c>,.K Ye Q �• yL 6 b - C - — L)-Q-- aa.,C,4.- � k� ems.. A-�-Q-H . 911 ALMUl - QA � Wr-1 C.6dsz. Lm r- .� . C - �► D.bl� 111��s-A� �- CYa..� -�o C?6dy2 d ` e nti-� 0A$-UA k Do no ojlh�vl �a r pa/)Ct L .2, �c3 Aa u-A Lo-c,v-- 6--,o ,M pIzo-4A kyp-n v-L f kc�.I b,- coo¢ 4 f4 wo-*A -b:3 cad Q;+L AiKin + Po L . Ch N cjt o &" jo cox-b� a.� {.L hay dj-baAmLk UAAAAA Old ov'v► 4; ( So V; o l . Ux d6fJ liKt, m Y-,k" LAZO— mirl- CIA- Okje-L tA- 10 6LLU �,�IIA SS CITY OF OKEECHOBEE JULY 189 2000 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA � PAGE I OF 3 I. CALL TO ORDER - Mayor: July 18, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Chaplain Wismael Sanchez; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 20, 2000 Regular Meeting. V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2000 Warrant Register in the amounts: General Fund .............................. $257,567.42 Debt Service Fund ............................ $99,682.48 Public Facility Improvement Fund .................. $910.02 Joi.Y 18, 2000 - CrrY CouNciL AGENDA - PAGE 2 of 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. I. a) Motion to read by title only, proposed Ordinance No. 754 adopting a Small Scale Amendment to the Comprehensive Plan, pursuant to privately initiated Application No. 00-001, which provides for an Is Single to the Future Land Use Map for Lots 7 to 10 of Block 92, City of Okeechobee from Residential Single Family to Commercial - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 754 by title only. 2. a) Motion to adopt proposed Ordinance No. 754. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. A. Discuss and consider designating/creating a department to handle the process of applying for and maintaining the designation of Tree City USA for the City of Okeechobee - Dale Armstrong, Forester and Jim McCoin, President of Charlie's Tree and Lawn, Inc. (Exhibit 2). B. 1. Motion to accept Buck Farrkenkopf, Chief of Police Letter of Retirement - Police Chief/ City Administrator (Exhibit 3). 2. Discuss filling the Chief of Police position - City Administrator (Exhibit 3). JULY 18, 2000 - CITY COUNCM AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. C. I. Motion to approve advertising a 14.98% increase in the roll back property tax rate - Finance Coordinator/ City Administrator (Exhibit 4). 2. Motion to set August 22, 2000 at 5:00 p.m. as the Budget Workshop, September 5, 2000 at 5:01 p.m. for the First Budget Hearing and September 19, 2000 at 5:01 p.m. for the Final Budget Hearing - Finance Coordinator/City Administrator (Exhibit 4). • D. Update on the Marvin Brantley Code Enforcement Board Case - City Attorney. VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • • • C XHIBIT ORDINANCE NO. 754 ? / 18 AGEN AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1 SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 00-001-SSA, from Residential Single Family to Commercial: Lots 7, 8, 9, and 10, Block 92, City of Okeechobee. SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). Page 1 of 2 SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 754 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED FOR FIRST READING AND PUBLIC HEARING ON THE 18TN DAY OF JULY. 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk ADOPTED AFTER FIRST READING ON THE 18TM DAY OF JULY. 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 STAFF REPORT SMALL SCALE DEVELOPMENT ACTIVITIES COMPREHENSIVE PLAN MAP AMENDMENTS CITY OF OKEECHOBEE Amendment No. SSA-00-001 Applicant: Bill Stegkemper, Agent ERA Walker Realty, Inc. 404 N. Parrott Avenue Okeechobee, Florida 34972 Legal Description of Subject Property: Lots 7, 8, 9, and 10 of Block 92 Item before the Council: The matter for consideration by the City Council and Land Planning Agency is an application by Bill Stegkemper, application number 00-001-SSA, with the mailing address being ,404 N. Parrott Avenue, Okeechobee, Florida 34972, for an amendment to the City of Okeechobee Future Land Use Map (FLUM), previously adopted by this Board in conjunction with the adoption of the Comprehensive Plan. This application qualifies under Florida Statutes 163 as a "Small -Scale Amendment" to the Plan. The applicant is requesting a map change from Residential Single Family to Commercial. Background: The subject property is approximately 0.68 acre(s) fronting NW 5 h Street. It is the applicant's intent to build a medical office building. The property has public utilities and the adjoining property users show a transitional neighborhood with some uses going from residential to professional uses. Application Description: The property is zoned Commercial Professional Office and is designated Residential Single Family on the Future Land Use Map (FLUM). The applicant proposes to amend the FLUM to allow Commercial as a land use designation on the property. This would provide consistency with existing zoning and would be consistent with the land uses in the area. Staff Report Small Scale Amendment Bill Stegkemper Application No. 00-001-SSA With the requested use, if granted, there would be consistency with the zoning which would allow for the operation of a medical office building. Comprehensive Plan Analysis: The City Council and Land Planning Agency are required to address certain areas in conjunction with the Comprehensive Plan, which may be categorized as follows: A. Consistency with the Land Use Categories and Plan Policies. This request is consistent as the zoning pattern has caused changes in the neighborhood. B. Concurrency ofAdequate Public Facilities. Adequate public facilities are available at the site. C. Compatibility with Adjacent and Nearby Land Uses. This request is compatible with nearby uses. D. Compliance with the Specific Standards of the Plan. All future development will have to adhere to the City's Code requirements. Notice of Proposed Action: This application and its appearance before the City Council and Land Planning Agency were duly noticed for the public, and were the LPA to make a finding that this application is consistent with the Comprehensive Plan, the matter will be set for a public reading in accordance with public notice requirements under Florida Statutes, Chapter 163. - Assessment and Conclusions: Based upon the Comprehensive Plan, its goals, objectives, and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that the Land Planning Agency, find the application to be consistent with the Comprehensive Plan. Furthermore, since the zoning has been in existence for a number of years, it can be questioned as to why the Comprehensive Plan of 1992 didn't reflect a commercial use for this property. Submitted by: James G. LaRue, AICP Planning Consultant 6/20/00 -2- L� Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: US/Mall Scale Amendment (Under 10 Acres) ❑Large Scale Amendment (Over 10 Acres) Name of Property Owner Harris Bank -Trustee Glenn Hamilton Mailing Address Ill W. Monroe Avenue, Chicago IL 60603 Home Telephone Work Telephone 312 - 416 - 5 3 2 0 Name of Applicant, *If other than owner, (relationship) Bi11 steakemper, Agent for owner Applicant Mailing Address ERA Walker Realty, Inc., 404 N. Parrott Avenue, Okeechobee, 2 Home Telephone 8 6 3- 7 6 3- 2 3 3 4 Work Telephone 8 6 3- 7 6 3- 318 7 Property Address/Location NW 5th St. at unopened NW 3rd Avenue Property Parcel Number' R=3-15-37-35-0010-0920-0070 Current Zoning Designation i t-�z; commerci a i Professional off i Current Future Land Use Designation Residential Single Family Existing Use of the property Vacant Proposed Future Land Use Designation _ Ong PrfIC�� Proposed Use of the Property _Medical Office Building Size of Property (in acres) 200 FF X 149=.68 acres Description of Surrounding Properties A transitional neighborhood from residential to professional offices, Convenient to town, government offices, court house, hospital, etc. Legal Description of Property (Lengthy Description May Be Attached) City of Okeechobee, Block 92, Lots 7,8,9 & 10 Required Attachments: • Survey of Property (11" x 14", 20" Scale) • Letter Outlining Request • *Notarized Letter of Owner's Authorization • Application Fee $500,00 • City Location map Signature r_'��, t� �,/1�ri��i� . XX Date 0 �� 0 0 N•w•,5'rA'�qW Specializing in Customer Satisfaction BILL F. STEG'KEMPER, C.R.S. Member Million Dollar Sales Club Serving Buyers and Sellers Since 1974 ERA WALKER REALTY, INC. ® FACTOR 404 N. Parrott Ave., Okeechobee, FL 34972 Office: (941) 763-3187 may24L HM. (941) 763-2334 MLS FAX (941) 763-1984 n o w ERA �lr/•_ _.yam � U� . -. _ . /07 e.a 4A%d# OAC< DNWALlN REST 1N%1 �—IA `. P GlAor—c SSA✓ ,��y �i1/G • C�G� P44z-4 300 93 607tl0 f�496. 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' -0 �� 8 00.��_ ..Q3�v om =, n a o M m CO W cn cn � ono xo a� OD <' 0 m n 7 D� O > < G•' G C� m co LD � < D � v (D (D D i N _ � (D (D co w Q n M O D D - n oCL°�y w O lC <CL 170 0' 0- � cn 3 .� Q M 0) z ? �G ;Z0 M �?a a n 0 Q � �1 0 0 0zj. ID N O a Q ? O .< -f icC- =� cap O D C n Q O N M ONc��Dmm M zOMMOMMMM m o X o m v M M 0 3 M v cn M Q n� 3 M m M cQ v v a 0 c 3 M 0- a) 6 ao t, 3 ao CL m 3 o O omm 0 3 m Cl- �3 Q�� cn vm 0m O 3 v -a 0 — cQ 3 � - Ds E -i �m m-0 � om°-0o o o cn 3 � , n -0 m m o cn m _ o a 3 � m �' cv D cn" m v v 0 o 3 � 73 0 0 M ID - -oO -• M ( m ca 15 - M c� D 0 :3 0 _0 3 Q Z *0 can -0 o n . D 0- � 1 M ;=; 0 v 00 Op � n (a- 0)n o v v =p �OMvQ <(D<mQ Q cn co 0 (D (D Q - M Op 3 O W m > Q M Q3 Q Q CD QO v m r. cD cn (D �0 Q�.� dM c� � � D co ca M M o0 D 3 D 3 -,, v_? ,0 m0-cn0 cn Mm m r a3 6-03 cn o Q -� (Q -o, -T N 3 n) cQ m �0M--3 n O -, O `G m -o o Sc O < D. 0 3 n�w0D0 — m — 0 m M :� cnm� v : �� m �" M 73 -1 0 Q M M N O -D (n r- rr o 0- O v 3 D� N O M Q Q Q Q C- c cu N N 0 0 0 r n z 0 z z_ z Q D m z n n Q m IN O m W The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily CITY LAND PLANNING AGENCY STATE OF FLORIDA MEETING NOTICE , COUNTY OF OKEECHOBEE PLEASE TAKE NOTICE that the City Land Plannirq A ency will meet on Tuesday, 2500 at 7:00 p.m. at City Hall, Before the undersigned authority personally appeared Judy Kasten, who on oath June 27, 55 SE 3rd Ave, Okeechobee, FL. The says she is Publisher of the Okeechobee News, a DAILY Newspaper published in Okeechobee, in Okeechobee County, Florida; that the pCurpose of the meeknrehensive PlanMg isto consider ndent SSA No. 00&I submitted attached copy of advertisement, Application by Bill Slegkemper. Agent for owner. Tnistee a being 11 /� MeeCl M ice t i n a �� Property Owner is Harris Bank, for Glenn Hamilton. The disleproperty is ap- proximately .68 acres and is legally de- the f the matter of cfd of asLots7 ice n Block in City of Okeechobee end is located at 5th Street at NW 3rd Avenue. The Y1 //17 1 June 1 /� 7 1�/1 l r 1/ / ,• P'� n n l 11 /11 C M "�-�'j� `C / Y �,•Q Ql en �f 1. NW purpose t de application is a consider chargin the future land use designa- single Fa to J in the 19th Judicial District of the Circuit Court of Okeechoti e unty, lorida, was tion from Residential commercial to tallow a proposed medi- TAKE cat office nNOTICE AND BE AO- published in said Newspaper in the issues of PLEASE VISED that it any person desires to 31)- 1 /� 00 pica) ant decision rnade by The Land Planning Agency with respect to any Affiant further says that the said Okeechobee News is a newspaper published at matter Considered at this hearing, such interested person will need a record of and for such purpose • Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- the proceedings, may need toens�reaverbatim record of is made, which record fore been published continuously in said Okeechobee County, Florida each week and has the proceedings includes the testimony, and evidence which the appeals to De based- been entered as second class mail matter at the post office in Okhobiid p eecee,n sa upon LT accordance with the Americans with Okeechobee County, Florida, for a period of one year next preceding the first publication Disabilities Act (ADA) and Florida Stat- ute 286.26, persons with disabilities of the attached copyof advertisement; and affiant further says that she has neither aid y p needing special accommodation to par- licipate m this proceeding should con - nor promised any person, firm or corporation any discount, rebate, commission or refund tact Bea Castonna no later than two (2) working days pdor to the proceeding at for the purpose of securing this advertisement for publication in the said newspaper. (a63)763-3372 ext 217 for assistance, il hearing is impaired telephone The Relay Service Number 1.800- Florida 955.8771 ( DO) or 1-800.955.8700 th—dayof �� L CE)Vea for assistance. Gilt Veach, to and subscribed before me this - zonij Administrator 75944 • ON O6iO9,r19/OD n ,+� armen rows ':Commisalon * CC 902300 Expires Jan. 17, 2004 Bonded Thrn NotaryPublic, State of Florida at Large �''�.,,,, ;+++�� Atlentin Bond!ni .^, CITY OF OKEECI Jy�EE PAGE 01 �36/06�2000 15:36 8637b�8E� • CITY OF OKEMCHOBEE °. 941)763-3377 Fax 941)763-1686 AGENDA ITEM REQUEST FORM XHIBIT 2 - please mail or briny computed form to: 1/ 18 AGENDA City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 NAME: "rvn D f f1.i ADDRESS: TELEPHONE: ' `t Cp -?��J r - AAEi=TING: REGULAR SPECIAL U WORKSHOP U DATE: JUA PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE. CITY COUNCIL AGENDA. �� ' -�A L PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR R.EASE STATE. DESIRED ACTION BY THE C COUNCIL- I�t�lvy-ICA- �1 Ft cR. s "�- i �J kn IV ill PLEASE SUM tZED PE TINENT INFORMATION CONCERNING YOUR RE1UES AND DATTAC APPLIFABLE DOCUMENT..�,, ��1►-t Cam^,✓ C. l� i ��✓sz� S Q.�tt�'A �SLj -s2 vJ b,'4 n S nna U PRESENTATION IS T BE E, W MUCH TIME WILL BE REQUESTED?AwKC)v/, —SQ-� - S40NED BY: / DATE: j � . TREE & LAWN, INC. 3650 S.E. 36th Ave. Okeechobee, FL 34974 Phone 800-600-GRAS Fax (863) 357-6737 June 20, 2000 Lydia Jean Williams, City of Okeechobee 55 SE Td Avenue Okeechobee, FL 34974 Dear Lydia Jean, Per our conversation of June 5, 2000, 1 am enclosing a packet of information on the Tree City USA. Would you please take this to the City Council and see if they might be interested in becoming a Tree City. This would consist of appointing a Board and designating certain individuals to handle the City's beautification with trees. I spoke with the area Forester, Dale Armstrong, and he has agreed to attend the July 18th City Council meeting to inform the Council of the advantages of being a Tree City. Jim McCoin, President of Charlie's Tree & Lawn, Inc. also plans to be in attendance, to give an Arborist's and landscaper's point of view. We are looking forward to becoming a Tree City USA, and hope the Council feels the same. I appreciate all the help you have given me with trying to accomplish my goals. Sincerely, r l cej Denise Hancock Charlie's Tree & Lawn, Inc. TREE CITY USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is made in recognition of work completed by the city during the calendar year. Please provide information for the year ending. (Some states require information in addition to that requested on this application. Check with your state forester.) As of the city of (Title — Mayor or other city official) I herewith make application for this community to be officially recognized and designated as a TREE CITY USA for , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List date of establishment of board, board members, and meeting dates for the past year; or name of city department and manager. Standard 2: A Community Tree Ordinance Date ordinance established Attach ordinance. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita" Total community forestry expenditures .. . .... ...... $ ............................... �Sc�O Community population . ................... Attach annual work plan outlining the work carried out during the past year. Attach annual budget. 'Note: $1 per capita will be accepted through 1990 Standard 4: An Arbor Day Observance V Procla atio� Date observance was held �JF�nUM Attach program of activities and/or news rage. Attach Arbor Day proclamation. Signature Please type or print the following: Mayor or equivalent Name - Title: Address: City, State, Zip - Phone #: Title City Forestry Contact Name: Title. Address: City, State, Zip - Phone #- Date NOTE: Ifyour community forestry work involves some new ideas or special projects please send photos, news stories, brochures, or other documentation for possible inclusion in National Arbor Day Foundation publications. (Such additional material is not necessary for your community to be designated as a Tree City USA. ) Certification (1b Be Completed by the State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a TREE CITY USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Date Person in State Fibrester'!s Office who should receive recognition material: Name: Address. Tide- City, State, Zip: Agency: Phone #: Ub/U.D/:20Ud 1N: '1 i Hbd r bJibdb U! I Y OF UK.LLUHLloLL 1 (4it U 505 , : LANDSCAPE PLANTING IN DRY RETENTION AREAS Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materiels used are not.adversely susceptible to periodic inundation, J ' M ' w PROTECTION OF NATIVE VEGETATIVE COMMUNITIES AND WETLANDS !'!Ik1i'I` :I .ie i ! .. i• •i I I+1. i .l. lit' . 1 Native vegetative commdnitiee shall be protected horn adverse Impacti of development, .2 Wetland buffers shall be at bast 25 feetvil& and slidl be supplemented only'-with'naeve tmis, shrubs and ground cover. " I. 510 LANDSCAPE DESIGN AND PLAN 1 Proposed deveiopmerib vehicular and pedestrian circulation systems, -and site drainage shag be Integrated into the landscaping plan. 2 ExLdng native vegetation shaft be preserved where feasible, and may be used in calculations to meet these landscaping mqutremeMs. , S When more thw10 two are required to be planted, 2 or more species shall be used. 4 Trees and shrubs shall not be planted In a location where at their maturity they would interfere with utility services- `'' 5 Trees should maxirdze the shading of pedesbian walks and parking spaces. ' a Landscaping: ground covers should be used to aid soli stabilization and prevent erosion. 7 ''' Landscaping shall be prbtgebd trorn vehicular encroachment by means of curbs, -wheel stops, walks Iddr ,',• !or similar barriers. Ov-its: k'�• .. ;t...... .. ', . • 511's�j 'ALTERNATIVE LANDSCAPE DESIGN AND PLAN VAO 1 -An applicant shall be enlNed b demonstrate that the landscape and buffer requirements can be more '''''° effectively met by an •Albmative landscape Plan.: ° � I , ' 2 Upon review and recommendation of the Technical Review Comrtnittee, may approve an Albrnative ll.stU :.. • 1, 1 ial ..,. ,. , , , lf•y Lsundecape Plan. 1 512'�j tMAIM DROUGHT TOLERANT PLANT' MATERIALS REQUIRED' �i;•it . 1is .. .,...'1' ;.R..'. �i. '...s :�ilLi!iU. .... '�;,'., •". :I�el. ::i::i�'.l'.' 1 ` Plants required to be'instellett'stiad be elected from the South Florida Waldr Management District's Xeriscapa Plant Guide. .il. .0 .2 At bast 75 percent oohs total nuniberlof plants •rliqulred shag be Florida native very drought tolerant "' ' apetdes' as bled in the South. Fbide' Water Management District Xedscapts. Plant Guide. However, "'when, a landscape krlgatioh dystent is Inetilm,"at leis 15'percent•or thi'WW rt umber of plaruts ' required shoe be Fbrida halve moderate or very dreWghttolerw*specbs, •'„ so . A(bia k isbbsck (Wvrrw>s T"A) Bnsssalta aotlnopfryes (Sat*'Ws) Rows spp, mNon-no" fta) _ 8yrygkrra axrrirrl (Java Plum) 3 Trees shag be at least 10 feel high and 2 inches in diameter, measured 4 feet above around level at . fteofpiandng. 513 LANDSCAPING MAINTENANCE i Sufficient top soil and water shall be provlded during the plants' establishment periods to sustain healMy growth, 2 Plants shall be mainisined In a healthy bondillon, and dead, severely damaged. or diseased plants shall be replaced. 514 PROMWTED "NTS . The following plants are deemed and declared to be a nuisance within the City of Okeechobee for existing devebprr oe In addition, alter development approval, the following plant species shall not be used to comply with Section 500, and shall not be planted: r • Mslele m leucedenda (Punk TrN) 6ftm Is>fd* Mdm (Bromillm Pepper} Cupl*q%Ws awwdlodw (Carrolwwo Dabsrpls dmw (Rog wood) boar mft hewq* wa (Nafdk Pine) EfNwb1011im oyoocarpam (Ear Tree) QrWft mbusle (silk Oak) . .: . We aa7sdarach (Chh-abwy bw) 51$ UTILITY CORRIDOR REQUIREMENTS Car w to app. (Aushallon Pine) Bisholis ) vWks (8100ft) Euoalypl m ow (EUUfttLn Aoaols a rloullWmde (EaW AcwW) Capiurn esblrnun (Chkwu -Tallow bee) Landscaping near overhead eleabical transmission or distribution lines; telephone lines; or cable television lines In both residential and non-residential areas.shall follow the additional requirements .of this section to minimize disrupaop or interference with such lines due to.matuting vegetation. No tree shall be planted where it could, at mature height, conflict with overhead utility Ones. Larger trees (trees with a mature height of 30 feet or more) shall be planted no closer than a horizontal distance of 30 feet tbm the nearest overhead utility line. Medium tees (trees with a height of 20-30 feet) shall be off set at least 20 feet horizontally, from.the nearest overhead utility line. Small trees, (trees with a mature height of less than 20 (bet) shall not be required to mead a minimum oft set, except that no W, regardless of slit shill be planted within fire feet of any existing or proposed utility pole, guy wire, pad mounted electrical transformer, or.otfier utility.tansmissionlcolbction structure equipment 3 Palm trees with a maximum mature height great enough to Interfere with overhead utility lines shall not be planted below overhead hens, and shall be located a minimum of two and one-half feet, plus the average mature frond length, optside of any, utility,, right of way, ;The Public Works Department, together with the Florida Power and light Company, shah maintain a Ilst 61 tri ees typically found In the South-central Florida area that at mature growth heights could reasonable be expected lo Interfere with overhead utility Ines. - .4 Vines shag be a minimum of 30 Inches In height at planting, and may. ensued in conjunction with P. , r, fences, screens, or wak.to most. or, create physical boaters: No vine however shag be planted or pertrlmed b grow within uuMly ea�leer>,ents or w%.. ifve,fee of any existing or prvpoaed Wily pole, gtly wire or pad mounted tfbn kmler. , • PUBLIC WORKS 549 PUBLIC FACILITIES IMPROVEMENT FUND EBPENDIT 3100 Professional Services '6300Improvements 6302 Beautif./Qthcr Proj. 6406 Equipment i TOTAL 1996-97 1997.99 1997-98 1999-99 ACTUAL. 13UDr.YT ES37MATE M=,grrD 90,131 84,372 24,124 4$,355 2469982 AY TRACTOR LOADER AND BACKHOE TRACTOR (MOWER TYPE) CITY COMPOLIND GAS-PLNW.TANK -sz$EET+i S.E.AVE N-W. 7th AVE BETWN SR 70 & 2nd ST. S.W. 6th AVE BETWN 21 st & 19 ST. S.W. 15th ST, BETWN Sth AVE & 3rd AVE. S.W. 6th AVE BETWN 4th ST, & 2nd ST N.W. 13th St. & N.W. IOth Ave S.W. 12th AVE BETWN SR 70 & 2nd St, South Park St. Mill & Repair R&R N.B. 2nd St. BETWN 441 & 4th Ave 11 H welcome to Okeechobee Signs (4) TESTING STRIPPING STREETS GUARD RAII, I -45. 132,500 691,382 -0- �Q 8Z3,882 44,691 600,000 -0- —'0- 644,691 85,000 15,000 80,000 137,200 14,000 16,800 19,800 14,000 54,400 18,000 42,400 21,500 3,000 1,000 10,000 10,000 70,000 362,100 15,000 �190%QQO 627,100 ' CITY OF OKEECHOBEE ROAD AND STREET FACILITIES 1998-99 SALARY SCHEDULE ■ Director 36 000 f; ■ - Maintenance Foreman 27,000 c: IEquipment Mechanic 27,000 M Maintenance Operator 21,000 � �.'.I uem- .,T!Nloyees will start at `, ' $ 1,000 below the base salary except the director. Any employee salary which is above the Salary Schedule for that position will circled until the Salary Schedule meets or exceeds the employee sal t time red the salary will be adjusted according to labor market conditions and funding considerations, My -4f- _� I I VI U1 �1�L 41 N.JULL H'11L. U r Y 4 i ,4.'r PROGRAM: 541 RC � .,f P.QSIii4LI _ r•.. Director Maintenauce Foreman. Fquil!ne , !v!e^%ric Maintenance Operators TOTAL :a PUBLIC WORKS 19,M -9 12 '- 1n" .. Al I PIi .G M: i 541 ROAD ANT • PUBLIC W olms TREET FACILITIES IJ 1rYi ' 1996-97 1997-95 1997-98 1999-99 ACTUAL BMIL CWTsoEET. 1100 1200 Executive Salary Regular Salaries 35,000 36,000 36,000 S7,880 1400 Overtime Pay 152,150 1,499 165,200 169,371 159,000 15101.angevity/Serv.Incentives 91900 2,000 9,200 1,894 7,714 2,000 2100 2200 F.I,C.A. Retirement � 15,191 16,249 16,507 ,000 19,433 :2300 Life &Heap Insurance 5,460 27,992 5,938 21,500 5,001 21,926. 5,640 2400 Wvrlmnan s Compensation-,g-A23 t6_500 22,000 Tots! Personnel Costa 2619815 -, 2729587 2Q-214 2789628 19 2909953 3100 Professional Services )400 Other Contractual Serv. . 3401 Trash Collection Fee 4000 Travel and Per Diem. 4100 Comm. and Freight Serv. 4300 Utilities 4500 Insurance r4600 R do M Vehicles '4609 R & M Bldg. and Equipment 4909 Miscellaneous 5100 Office Supplies 3200 Operating Supplies 5201 Oper. Supplies (Gas/Oil) 5202 Oper. Supplies (Tires) 5203 Oper. Supplies (Uniforms) MA 00 Road Material/Supplies . ' ..Bks., Public., Subse., Meru. Equipment: itsl Supplies & Other Services AL COST 2,355 10,500 200 11,200 42,632 55,000 41,451 55,000 191,996 194, 000 192,000 192,000 82 -0- -0- 500 1,490 I,500 1,370 19500 77,095 67,000 51,382 67,000 19,091 17,000 16,557 17,000 9,141 12,000 3,869 12,000 4,496 500 100 500 291 250 309 250 75 100 141 100 4,320 4,500 1,455 4,500 8,686 8,000 6,434 8,000 2,189 2,000 1,557 2,000 1,957 2,000 1,572 2,000 24,692 20,000 9,998 20,000 528 400 10 400 --0= 391,116 --- -0- 3941,750 . 3289405 �0- 393,950 6529931 667,337 6079033 684,903 PROGRAM: 541 PUBLIC WORKS AND STREET FACILITIES GOAL: Provide a high level of planning for aff City owned facilities, parks, roads, canals, trees and vehicles. Continue to implement and improve on direction, organization and supervision to *E*Wvely carry out aA maintenance programs. BUDGET PROPOSALS: Use new innovative ideas in administration that will improve maintenance programs, plans and directions, which ensure that City resources and personnel are trained and coordinated at their most ei!icierrnt and productive level_ Use of community service workers to perform a wide variety of public works activities in order to meet priorities and reduce costs. RESULTS OF PROPOSALS: ., Efficient and production use of City personnel, equipment and materials to accomplish immediate 'goals and long range planning of these resources. Meet health and environmental standards. City property that is safe and attractive. .ter �.4•_ • ! • Al ' JUN-09 00 10:01 FROM:2ITY OF ING 0634715142 TO: 33576737 FAGE:01 OMW 0TW6MORMC, 368 SM COS AVL sniumn no W, Wffrnaioe 5r&A2*"1a14WAM FACSOME_ To:Zr6ja Fax #: M3) 351 ` 6 �3-7 Phone: ( } Urgent From: Kathy Haley, City Clerk Pages: �Gf (including cover sheet) Date: 6 lei l do w„ For Review please Comment FYI The information contained in this facsimile message it confidential information intended only for the use of the individual or entity named above. (%the reader of this message is not the intended recipient. you are hereby notified that any dissemination, distribution or copy of the communication ix strictly prohibited. If you have received a communication in error, please notify us by telephone. Thank you! JUN-09 00 10:01 FROPI: 2ITY OF RING 8634715142 TO: �633'. �7673 7 FAGE: 0E ORDINAttCE NO. AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA, PROVIDING DEFINITIONS; CREATING A CITY TREE SO= AND SETTING FORTH ITS DITTIES AND RESPONSIBILITIES; DETERMINING TREE SPBCINS "NICE 14AY BE PLANTIM ON ROAD RIGNT8 OF WAY, PARRS AND OWNER PUBLIC PROPERTY; DETERMINING TARIR SPACING, DISTANCE FROM CURS AND SIDE MUM, AND DISTANCE FROM STREET CORNERS, FIRE SYDRANTS, AND UTILITIES; PROVIDING FOR PRUNING AND CLEARANCE; PRONIBITINQ INTERFERENCE WITA TILE CITY TREE BOARD OR ITS AGENTS; PROVIDING FOR AROORISTS LICXNNSNS AND BONDS; PROVIDING FOR APPAL TO TILE CITY COUNCIL; PROVIDING ''OR SEVMRABILITY; AND PROVIDING FOR AN NFFECTIVE DA=- BE it NNACTED BY THN CITY COUNCIL OF TIIE CITY OF SEBRIHG, FLORIDA, AS FOLLOWS: (A) TREES. For the purpose of this Ordinance the term "Trees" shall include trees, shrubs, bushes, and all other woody vegetation. (8) STREET TREES: "Street Trees" are herein defined as Trees on the public rights of ways of all streets, avenues, or ways within the City. (C) CBE TREES. "Park Trees" are herein defined as Trees on public parks and all areas owned by the City, or to which the public has free accesses as a park. (D) PUSL C TBaEB. "Public Trees" are herein defined as Trees on public property other than streets and parks. BECTIQN Is BORRD• There is hereby created and established a City Tree Board for the City of Sebring, Florida, which shall consist of seven (7) members appointed by City Council. To promote conm:sunity involvement and to insure committee expertise, consideration should -be given to appointing one member from each of the following groups, if possible: (1) Sebring Downtown Merchants Association, (2) Sebring Chamber of Commerce, (3) Florida Nursery and Growers Association, (4) Division of Forestry, (5) Highlands County Extension Office and (6) Sebring 1 JUN-09 00 10:01 FROM:2I7Y OFRING 8634715142 TO:�3.3576737 PAGE:03 Sigh School Ag Department or member from any other department or agency that will give expertise to said eo&= ttee. The terms of members of the Tree Board shall be three (3) years, except that the terms of the members -appointed to the ears initial Board shall be 3 members for 1 Year; d3 �t r Council and 3 members for 3 years, to be design y Y when appointed. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term of the vacant position. Members of the Board shall serve without compensation, but may be reimbursed for expenses as provided by law. • , �� IiS4 CA: it shall be the duty and the responsibility of the Board to study, investigate, develop and update annually, and administer a written plan for the care, preservation, pruning, planting, replanting and removal of Street Trees, Park Trees and Public Trees. Such plan will be presented annually to the city Council and upon their acceptance and approval shall constitute the official City Tree Plan for the City of Sebring. The Board, when requested by City Council, shall also consider, investigate, make findings, report and make recommendations upon any special matter or question coming within the scope of its work. The Board shall select a chairperson, vice chairperson and secretary. A majority of the metabers at . any sleeting shall constitute a quorum for the transaction of business. Meetings shall be called by the chairperson, vice chairperson or a majority of the members. Schedule "A" attached hereto constitutes the official tree species for Sebring, Florida. No species other than those included in this list may be planted as Street, Park or Public Trees without written permission of the City Tree Board. 2 ZTLIH-09 00 10: 02 FROM; 2I TY OF -RING 0634715142 TO: s'3� 7 E 737 F1 ! yE: J-? yCTION 7 SPACING OF BTRUT TR „ 8 The spacing of street Trees shall be in accordance with the three size classes listed on Schedule "A" attached hereto. No trees may be planted closer together than the following: Small Trees, 30 feet; Medium Trees, 40 feet; and Large Trees, 50 feet; except in special plantings designed or approved by the Tree Hoard. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three size classes listed on Schedule "A" attached hereto. No trees may be planted closer to any curb or sidewalk than the followings Small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 4 feet. • No Street Trees shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No Street Trees shall be planted closer than to feet to any fire hydrant. No Street Trees other than those species listed as Small Trees on Schedules "A" attached hereto, may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. The City shall have the right to plant, prune, maintain and remove all Street Trees, Park Trees and Public Trees as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove or cause or order to be removed, any Street Tree, Park Tree or public Tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, 3 JUN-09 00 10:02 FROM:2ITY OF WING 8634715142 TO: 03357t:737 PAGE:2 or other public improvements, or is affected with any injurious fungus, insect or other pest. Property owners are not prohibited from the planting of Street Trees on rights of way adjacent to their property providing that the selection and location of said trees is in accordance with this ordinance. It shall be unlawful for any person or firm to top any Street Tree, Park Tree,. or Public Tree. Topping is defined as the sever cutting back of limbs to stubs Larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, way be exempted from this ordinance, in the determination of the City Tree Hoard. Every owner of any property upon which a tree overhangs any right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of at least eight feet (81) above the entire surface of the street and any sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. All stumps of Street Trees shall be removed flush with the surface of the ground so that the top of the stump shall not project above the surface of the ground. It shall be unlawful for any person to prevent, delay or Interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees or Public Trees as authorized in this ordinance. 4 ,TUN-68 00 10:03 FROM:2ITY OF ING 8634715142 TO. 33576737 PAGE:W �xer_�rYn� ld s_ RBQR 8T§ LICE9571 UM �OIfD. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing Street Trees, Park Trees or Public Trees within the City without first applying for and procuring an Arborists license; provided, however, that no such license shall be required of any public utility company or City employee doing such work for the public. utility company or City. Before any license shall be issued, each applicant shall first file evidence of possession of Worker's Compensation Insurance, and liability insurance in the minimum amounts of $100,000 bodily injury, and $100,0o0 property damage, indemnifying the City and any person injured or damaged resulting from their activities. An appeal from any ruling or order of the City Tres Hoard may be made to the City Council, which shall hear the matter and make a final decision. If any section, paragraph, sentence or other provision of this ordinance shall be declared unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall in no wise impair the validity or effect of any remaining sections, paragraphs, sentences or provisions hereof. This Ordinance shall take effect immediately upon its passage and its approval by the Mayor or it's becoming law without his approval. PA$S$D ON PxR6'1' READING, • this 04 day of � / , 1994. pABsm at a regular meeting of the City council of the City of Sebring, Florida, this j L!:-day of /n2ro 1994 • preslaeum, "uy a.vua--& r City of Sebring, Florida Attest: ' C y e JUN-09 00 10:03 FROM:2ITY OF' ING 8634715142 TO: 33576737 PAGE:07 This ordinance was adopted by reading at two separate meetings and, after publication in a local newspaper and upon hearing being held, this Ordinance was duly parsed on the ,� day of 1994, and the same is hereby certified to the Mayor folr—hilis approval or disapproval. WXTNl88 my hand and seal at Sebring, Florida, this ,_ day of , 1994. city Clerk The foregoing ordinance was received by me this day of IT1994, and by me approved this day of , 1994. Mayor, C ty o Sa r ng, Florida gZj=,Br ziTcalman, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ord3nnance was pouted by me at the door of the City Sall on the day of i4, 1994, and that same remained so posted une— the day Of , 1994. r ; C � , A City Clerk 1.1 JUN-09 00 10:04 FROM:2ITY OF ING 8634715142 TO: 33576737 PACE:Oe 1M1/rA1Mf JIf.^„ter ACSV A. rubrua Afj JTIjJf Ael/aw JAcesAmis %,Njjailojja Croe"vaeJ ?go@* loft aotA lAa1i J. j:TULA j"Wor JJreA Arr�e J. uJ/r• CA16W IVA0N • Jfttlea/tsA• at/I/ �waJ i C. fj4JNY• e. wJ1@/wrJ4e AotiawA/v.a. w00jor ,awa1J CA JN•IJ1vj Aofrle•o morJtbf•w iwa J J c e.rfJJA1•A• CAJrA c. lif.td•f• ae.M• JfJeJfry uweJJ "ev, c. vJ.fra rJorst AiicautV "eve C. / J J i 1lr•Aete ♦r��w M/Na�rAYL MJC&04ry "slow ►, 900489060 reLrls tosarberry IJraoaJt•rryl Afalyr �c. J••etl•t• �nta•AArsJrvs • C. rllyl nleol rrtA�f *ref creAAaA�J+JrA aAfJ► U.IJrr c. e..A►aor• CaC ri Awf N Ar valwoli iAA J J C.. /Jolla C AA JA ECUS AlertAftAf C. ip. x4sasorm" io�e•c� JavaAa/f t�Mr sra J J J.'. JAYwAAeA svCAJ.rVl9S Jfti1►fr OoJJar soealyPteo iA•Jj t. CAA.roa FMAXIMUS /'• *aroJAAlaAf Pop A•A Af�1YA cstarsllA Yatfr offvat C. .ve.ttea v6890411A ialtflttl Aav Arf�twr c. JertaAf�►Ya 11688 J. •tteo*&#& of 01 paJ•taa Irf7JM Sa Jwetl Jir�JJ /. a AvJJy AlAeon MSJJV w 1YJ1 iw!JJ /. flYt# I . •Y+J I frA• I.npMA d*J J y , jumi-er,wa Ar11 11f/A vJllflar sJl•JJ , r. ,AJJejcoje u • ` JUN-09 00 10:04 FROM: 21TY OFING 8634T15142 r racy two A,porJf auN TP9 OAaJaANCJ! s>'rcrrs cowNo,,..,... +�ls NonscursarA X. eJegaaa rhAplanatsl Golden Palo trod LAGCNSTROESSA L. indlea Crspea►yrtJe LICUStAUN L. jorgaloew wax Leaf' 44fustroo 4IOUIPAN•AR L. styraCltJe1 swedtggm NAGNOLIA y N. grandtriera southern NdgaoJla r, virglnlond swootboy NdvosAle NrNJCA N. rerirers was NyrtJe O:NANTNUS O. 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Aigre wrier Oat p. viryiniand Live OAS rAxoatnN !. d/seJehvN saldrylrove TIiJA T. raroJJolAna Carolina aass�eed uLNvs u, aJate winlod riw v, amerleans VAt- rJoridaAa •riorida elm V, parvi/oJie drake rip or CAJn.se s!m ass Sr=e Jtedl u■ Small $04JI Largo Large aed4US Beall smaJJ small Small NedIus Largo La rye Large La eve %arse fts J l NddJum &a rgo wall and JJ well Ned1an Large Small Large Large small Largo NeA/Ym TO: W-3576737 PAGE:09 Pubh'shcd by ®The National Arbor Day Foundation 100 Arbor Avenue • Nebraska City, NE 68410 How to Write a Municipal Tree Ordinance � \ r Tree City USA is a powerful force for the promotion of tree care and urban forestry. It is a program that has caught the imagination of citizens, elected officials and urban tree professionals. Over 2,000 communities now fly the flag of accomplishment, a composite area that is home to some 80 million Americans. At the heart of the Tree City USA prograrn are four basic requirements: The community must have (1) a tree board or department, (2) an annual community forestry program backed by the expenditure of at least $2 per capita for trees and tree care, (3) an annual Arbor Day proclamation and observance, and (4) a tree care ordinance. In this special issue of Tree City USA Bulletin, sections of a model ordinance are presented, explained and illustrated with actual examples. Not every section will be appropriate to all communities, and there are others in use that are not included in this general coverage of the topic. TREE CITY US is BULLETI No. 9 Dr. James L Fazio, Editor • $3.00 The purpose of this issue is to provide a starting point for the thousands of communities that do not have an adequate tree ordinance. Although an ordinance is only as good as the administrative program that backs it up —including support for education and, when necessary, enforcement —a munici- pal tree ordinance and involvement in the Tree City USA program are giant strides in the direction of healthier urban trees and a quality environment. �Zz 0/a�� John Rosenow, President National Arbor Day Foundation Suggested Sections for a free Ordinance Although no two tree ordinances will be exactly alike, there are some basic elements that will help assure that the document is workable and effective. These elements are called sections, and they are presented here with examples and principles that illustrate why each one is necessary. I. PURPOSE PRINCIPLE: An opening statement that clearly sets forth the purpose of the ordinance will help avoid ambiguity in interpretation. This initial section is usually capitalized and in bold print. Example: IT IS THE PURPOSE OF THIS ORDINANCE TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE BY PROVIDING FOR THE REGULATION OF THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES, SHRUBS, AND OTHER PLANTS WITHIN THE CITY OF II. AUTHORITY AND POWER PRINCIPLE: Someone within city government must have the clearly designated authority to administer the provisions of the ordinance. This section defines, designates, or creates a department, board, commission, or person responsible for the planting, care and protection of the city's trees. Example: There is hereby created and established a City Tree Board for the City of ___ , which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the city council. Members of the board shall serve without compensation. [HOME RULE AUTHORITY: In order to avoid conflicts with state laws governing trees, a statement transferring regulations to the city may be necessary. State, county and city laws will explain this process. If needed, the statement should be added as a section.] III. TERM OF OFFICE PRINCIPLE: Reasonable and clearly stated terms of office for volunteer boards or commissions will help infuse the program with new ideas on a periodic basis and will help avoid the problems created by obstructionists with life or long-term tenure. This section defines length of service, a method for filling vacancies, and the number of consecutive terms (if any) that can be served. Staggering terms can help assure continuity and stability. Example: The term of the five persons to be appointed by the mayor shall be three years, except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. A clearly stated purpose prevents misinterpretation. A tree ordinance and tree board or commission usually go hand in hand. Limited and staggered terms of office lend vitality and continuity to a board. Member diversity assures a blend of ideas and broader public support. A good mix might be one interested attorney, two green Industry professionals and two interested residents or business leaders. TREE CM USA BULLETIN No. 9 • National Arlx r Day Fuundatiun • , • An ordinance must specify what property it covers, such as... ...along rights -of -way ...in public parks M .in cemeteries. A license requirement protects both trees and property owners. An insurance provision helps protect city government and unwary home or business owners who hire someone to do tree work. 4 • TREE (.1"rY USA BUI-1I:11N Nn. 9 • Nauk mad A,1-, 1).., 1 imJ:n is m IV. APPLICABILITY PRINCIPLE: This section is needed to make it clear what property is covered by the ordinance. This usually includes trees on rights -of -way, public parks, cemeteries, and other public grounds, and sometimes even on private property. Example: This ordinance provides full power and authority over all trees, plants and shrubs located within street rights -of -way, parks and public places of the city; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. V. DEFINITIONS PRINCIPLE: To prevent misunderstanding, words that may be unfamiliar to lay citizens should be defined. If a standards and specifications appendix accompanies the ordinance many arboricultural terms can be placed there instead of in this section. Examples of words or terms to define: arborist, contractor, city forester or city arborist, tree, public tree, private tree, tree lawn, parkway, right-of-way, easement, etc. VI. LICENSING PRINCIPLE: One way to protect trees and citizens from irresponsible companies or individuals who pose as arborists is to require practitioners to have a license. Conditions for obtaining the license may even require that the person be a certified arborist. (See Bulletin No. 6.) This section provides licensing authority and includes details such as fees, frequency of renewal, testing procedures, types of licenses, suspensions and appeals, surety bonds, showing identification on equipment, etc. Example: It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees, shrubs or vines within the City without first producing evidence of certification/license before the City. (An explanation of requirements and fees is then presented.) VII. INSURANCE PRINCIPLE: Arborists work under dangerous circumstances and around high value property. Since it is often difficult for homeowners to ascertain whether property and tree workers are adequately covered, or to insist on such coverage, a provision in the tree ordinance can easily correct the situation. Example: Before any license shall be issued, each applicant shall first file evidence of possession of worker compensation and liability insurance in the minimum amounts of $1,000,000 for bodily injury or death and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavor as herein described. VIII. LANDSCAPING PRINCIPLE: This section can assure that trees will be a part of new developments. But planted vegetation can be an asset or a liability — depending on what is planted and how it is done. This part of the ordinance can define a process for having new landscape plans reviewed and approved by the city forester or tree board, with the issuance of building permits only after such a review. Example: In new -subdivisions -or -when the development of commercial property occurs, the city forester shall review landscaping plans and may j require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided. IX. TREE PLANTING, MAINTENANCE, AND REMOVAL PRINCIPLE: Good tree care cued nuuultirenunt is possible only if people have specific information about practices that result in safe, healthy trees that contribute to a quality environment rather than to creating problems. The purpose of this section is to provide that information in the form of ' requirements. In many ways, it is the heart of a good ordinance. Actually, the material in this section is best included in a separate standards and specifications chapter; but placing it directly in the ordinance is an option. Either way, all specifications should be reviewed at least every five years, and should include such specifics as desirable and undesirable tree species, spacing, pruning techniques, hazardous trees, sight obstruction, and vandalism. A good way to clearly specify pruning and other tree work standards is to follow those established by the National Arborist Association. For specifying what is expected in planting stock, consult the American Association of Nurserymen's American Standard fi)r Nursery Stock (See page 8). Examples: Tree Species — The Town Tree Board develops and maintains a list of desirable trees for planting along streets in three size classes: small, medium and large. Spacing — The spacing of street trees will be in accordance with the three species size classes listed in this ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. Utilities — No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Distance from Curb and Sidewalk — The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section ___ of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet. Topping — It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board. Important details of planting and tree care can be placed in the ordinance or in an appendix, or, better, in a separate standards document. Specification examples include... ...suitable species L-* L 35' _ Sol MAIN. MIN. ...spacing f' MIN • MIN. ...a distance from curb and sidewalk TREE Cr Y USA BtJLLMN No. 9 • National Adwr Day Foundation • PRINCIPLE: Quite naturally, homeowners often want to plant trees or do work on trees that abut their property but are on a public right-of-way. This section describes a process by which the homeowner can do the work, but only in accordance with the sound principles of urban forest management and arboriculture. Example: No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an i application and procuring a permit from the city forester. The person receiving the permit shall abide by the standards set forth in -1 this ordinance. XI. TREE PROTECTION PRINCIPLE: Protecting existing trees is a major challenge. Therefore, more and more progressive communities are using this section not only to prevent insect and disease epidemics, but also to protect trees on both public and private property from damage during construction. Increasingly, another use of this section is to identify and protect trees of historic value or unusual qualities (called landmark trees). Requiring permits for all tree removal is one way to achieve these goals. Penalties may be established requiring violators to pay a fine in the amount of the tree's appraised value. Ideally, such funds will be designated solely for planting more trees. A protection provision is important for safeguarding mature trees and other existing vegetation from insects, construction damage or, in some cases, removal. Action by officials is sometimes needed on private property for purposes of public safety. Example 1: Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the city forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice. Example 2: The following guidelines and standards shall apply to trees proposed (in a developer's "tree protection plan") to be retained ... (Rules are then specified such as not grading or locating utilities within the tree's dripline, placing protective barriers around trees, preventing siltation, etc. Or, developers may be required to preserve a percent of forested tracts, plant trees in open space, or pay into a county tree planting fund so that there is no net loss of tree cover.) Example 3: The city forester shall have as one of his/her duties the location, selection and identification of any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: (Criteria may include species rarity, old age, association with a historical event or person, abnormality, scenic enhancement, etc.) XII : PRIVATE TREES PRINCIPLE: Since trees on private property often affect the safety and welfare of other trees and people other than the owner, a provision is needed to allow community action in such cases. This section provides authority to inspect private trees, designate them as public nuisances and demand their removal when necessary. Example: The city forester or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary. (Note: An appropriate legal definition of a public nuisance is needed here, such as any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; a tree that poses a threat to safety, etc. Also needed is a description of the legal process for notifying property owners and causing abatement of the nuisance, including removal and billing for costs by the city if action is not taken by the owner.) 6 • TREE CITY USA BUUEnN No. 9 • Na iunal Ad-, Uav F-md: ti,m • XIII. PERMITS • PRINCIPLE: Permits provide a way to make certain that anyone who plants, does work on or removes a public tree (and sometimes private trees) is knowledgeable and capable of doing the job right. Permits also are a means to assure compliance with standards and specifications, allow for follow-up inspections, and generally serve as a tool for enabling a community to control the future of its urban forest. Example: No person except the City Arborist, his/her agent, or a contractor hired by the City Arborist may perform any of the following acts without first obtaining from the City Arborist a permit for which no fee shall be charged: (treatments and actions are listed, each one specifying whether it applies to trees on public land or to any tree, public or private). Note: An example of a permit form is included in the MAUFS/ISA "Municipal Tree Ordinance Manual." XIV. ENFORCEMENT PRINCIPLE: For an ordinance to be more than a piece of paper, authority must be given to the city forester or other official to enforce the provisions. This includes the right to issue notices of violations, notices to perform work and to stop work. Example: The city forester shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk, or other public place in the city. (Details about the process of rule -making, review and approval by the governing body, and enforcement need to be included.) XV. PENALTIES, CLAIMS AND APPEALS PRINCIPLE: Enforceable, meaningful ordinances must contain provisions for penalties and violations. Most cities have standard statements that will work in a tree ordinance, or one may be written specifically related to trees. There needs to be a process for the city to do needed work if a landowner fails to comply with an order; and an appeal route. Examples: Violations —Any person who violates any provision of this ordinance or who fails to comply with any notice issued pursuant to provision of the ordinance, upon being found guilty of violation, shall be subject to a fine not to exceed $500 for each separate offense. Each day during which any violation of the provisions of this ordinance shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this ordinance, the injury, mutilation, or death of a tree, shrub, or other plant located on city -owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture. Assessment of Claim -fin the event that a nuisance is not abated by the date specified in the notice, the City Arborist is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution. Appeals --(Include your municipality's standard appeals process.) XVI. OTHER Because circumstances vary so widely between municipalities, there may be other sections necessary to fashion an ordinance to the needs of your comtnu- nity. These range from sections that local government may require in all its ordinances (such as a severability clause that states that if any section of the ordinance is found to be invalid or unconstitutional, it does not affect the validity of remaining sections) to how the urban forestry program is to be financed. The ordinance must fit your town's needs. Permits help make sure everyone knows the rules and best practices before doing tree work. The legal process to be used against violators must be clearly spelled out. Provisions may be made in an ordinance for unpaid bills incurred by city removals or replanting to be placed as a lien on the property and added to its tax statement. I ' Each community's ordinance must be written to serve that community's unique needs and circumstances. TREE CITY USA BULLETIN Na. 9 • Nalimal .{rlxn Day h,undaiiun • Tree ordinances are important for big cities and small towns. Other Sources of Information Here are three ways to obtain helpful information when planning to develop or improve a tree ordinance for your community. • Manuals and Guides Two excellent publications are available to provide detailed guidance for developing tree ordinances. Included are examples and the rationale behind various ordinance provisions. Municipal Tree Ordinance Manual International Society of Arboriculture P.O. Box GG Savoy, IL 61874 (Phone: 217/355-9411) Guidelines for Developing and Evaluating Tree Ordinances California Dept. of Forestry & Fire Protection Urban & Community Forestry Coordinator 2524 Mulberry St. Riverside, CA 92501 • Sample Ordinances To review one or more sample ordinances from communi- ties similar to yours, contact Program Services, The National Arbor Day Foundation at the address on this page, or phone 402/474-5655. • Current Standards For the latest accepted standards in important areas such as ordering planting stock and pruning trees, obtain copies of the following: American Standard for Nursery Stock American Association of Nurserymen 1250 I St., N.W. Suite 500 Washington, DC 20005 (Phone: 202/789-2900) ANSI A300-1995 For Tree Care Operation, Tree, Shrub and Other Woody Plant Maintenance — Standard Practices National Arborist Association P.O. Box 1094 Amherst, NH 03031 (Phone: 603/673-3311) Tree City USA Bulletin 01995 The National Arbor Day Foundation. John E. Rosenow, publisher; James R. Fazio, editor; Gerreld L. Pulsipher, graphic designer; Gene W. Grey, William P. Kruidenier, James J. Nighswonger, Steve Sandfort, technical review committee. Published for the Friends of Tree City USA by 4 The National M Arbor Day Foundation 100 Arbor Avenue Nebraska City, NE 68410 �,ecrn.re l SOY INN L Tree City USA Bulletin ORDER FORM Name Organization Address City State Zip Phone i Issue $3.00 ea. 1. How to Prune Young Shade Trees $ 2. When a Storm Strikes 3. Resolving Tree -Sidewalk Conflicts 4. The Right Tree for the Right Place 5. Living With Urban Soils 6. How to Hire an Arborist 7. How to Save Trees During Construction 8. Don't Top Trees! 9. Writing a Municipal Tree Ordinance — Tree City USA Annual Report TOTALS: $ Annual Friends of Tree City USA Membership ................................................. $15.00 $ Tree City USA Bulletin 3-Ring Binder........ $ 5.00 $ TOTAL PAYMENT: $ (Make checks payable to National Arbor Day Foundation) Photocopy this form and mail with your payment to: National Arbbr Day Foundation, 211 N. 12th St., Lincoln, NE 68508 1599 009 50003302 The Tree City USA program is sponsored by The National Arbor Day Foundation in cooperation with the USDA Forest Service and National Association of State Foresters. To achieve the TREE CITY USA national recognition of being named as a Tree City USA, a town or city must meet four standards: Standard 1: A Tree Board or Department Standard 2: A City Tree Ordinance Standard 3: An Annual Community Forestry Program Standard 4: An Arbor Day Observance and Proclamation Each winning community receives a Tree City USA flag, plaque, and community entrance signs. Towns and cities of every size can qualify. Tree City USA application forms are available from your state forester or The National Arbor Day Foundation. • 0 The sample ordinance was designed for use in midwestern communities of average pop- ulation. The ordinance that your community ultimately develops should be designed to fit its specific needs. SAMPLE CITY TREE ORDINANCE Be it ordained by the City Commission of the City of Section 1. Definitions Street trees: "Street trees" are herein de- fined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City. Park Trees: "Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. Section 2. Creation and Establishment of a City Tree Board. There is hereby created and established a City Tree Board for the City of (state) which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the ap- proval of the Commission. Section 3. Term of Office The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members ap- pointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. Section 4. Compensation Members of the Board shall serve without compensation. Section 5. Duties and Responsibilities It shall be the responsibility of the Board to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, prun- ing, planting, replanting, removal or dis- position of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Com- mission and upon their acceptance and approval shall constitute the official com- prehensive city tree plan for the City of State . The Board, when requested by the City Commission, shall consider, investigate, make finding, report and recommend upon any special matter of question coming with- in the scope of its work. Section 6. Operation The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A major- ity of the members shall be a quorum for the transaction of business. Section 7. Street Tree Species to be Planted The following list constitutes the official Street Tree species for State— . No species other than those included in this list may be planted as Street Trees without written per- mission of the City Tree Board. • Small Trees Medium Tree+ large Trees Apricot Ash. Green eoffeetree. Crabapple Hackb—y Kentucky i Flowering (sp) Honeylocust Maple, Sit-, Golden Rain Tree (thornless) Maple. Sugar Hawthorne Op.) linden or Bass- Oak, Bur Pear, Bradford wood (sp.) sycamore Redbud Mulberry, Red Sycamore, Soapberry (fruitless, male) London plantree Lilac, lap. Tree Oak. English Cottonwood Peach, Flowering Oak, Red (Cottonlms, male) Plum, Purpleleaf Pagodatree, Japanese serviceberry Pecan Birch, River Osageorange (Male, thornless) Persimmon Poplar, White Sassafras Section 8. Spacing The spacing of Street Trees will be in ac- cordance with the three species size classes listed in Section 7 of this ordinance, and no trees may be planted closer together than the following: Small Trees, 30 feet; Medium Trees, 40 feet; and Large Trees, 50 feet; ex- cept in special plantings designed or ap- proved by a landscape architect. Section 9. Distance from Curb and Sidewalk The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section 7 of this ordinance, and no trees may be planted closer to any curb or sidewalk than -the following: Small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 4 feet. Section 10. Distance from Street Corners and Fireplugs No Street Tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No Street Tree shall be planted closer than 10 feet of any fireplug. Section 11. Utilities No Street Trees other than those species listed as Small Trees in Section 7 of this ordinance may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any under- ground water line, sewer line, transmission line or other utility. Section 12. Public Tree Care The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This Section does not prohibit the planting of Street Trees by adjacent property owners providing that the selec- tion and location of said trees is in accord- ance with Sections 7 through 11 of this ordinance. Section 13. Tree Topping It shall be unlawful as a normal practice for any person, firm, or city department to top any Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to re- move the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the de- termination of the City Tree Board. Section 14. Pruning, Corner Clearance Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street inter- section and so that there shall be a clear space of eight feet (81 above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, 6r broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or inter- feres with visibility of any traffic control device or sign. Section 15. Dead or Diseased Tree Removal on Private Property The City shall have the right to cause the emoval of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and prop- erty, or habor insects or disease which con- stitute a potential threat to other trees within the city. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice. Section 16. Removal of Stumps All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Section 17. Interference with City Tree Board It shall be unlawful for any person to pre- vent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees, or trees on private grounds, as authorized in this ordinance. Section 18. Arborists License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or City em- ployee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as here- in described. Section 19. Review by City Commission The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Commission who may hear the matter and make final decision. Section 20. Penalty Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to ex- ceed $ . 'Please note: The above species are offered as size -class examples only and may not be suitable for planting in your area. Please check with local sources to develop a species list for your area. 22 Bulletin No, James R. Fazio, Editor O TREE Crft USA BULLETIN for the Friends of Pee City USA When a community be- comes a Tree City USA, it means more than being able to display a road sign or fly the flag. Tree City USA is a foundation for effective, well -organized tree care programs. Along with the community pride are practi- cal benefits such as helping to gain financial support for tree projects, contributing to safer and healthier urban forests, and allowing munici- pal officials to deliver better service to the voting public. A letter from the city forester in Waukesha, Wisconsin, illustrates one of the many advantages of being in the network of Tree City USA communi- ties. Since its inception in 1976, Tree ('it), l'SA has become a program of incalculable value to the welfare of the nation's urban and community forests. Originally, this program of The National Arbor Day Foundation and its cooperators was to recognize cities and towns that are effectively managing their trees. By establishing four basic standards that must be met to become a Tree City USA, the goal was also to encourage the implementation of well - planned local forestry programs. In most of the communities it serves, Tree City USA has been successful in meeting these goals. And with success has come the kind of local support described so well by David Liska. It has also led to support from outside sources, as revealed by others in this issue. Tree City USA0 : Foundation for Better Tree Management WAUKESHA PARK AND RECREATION DEPARTMENT LIIV IIALL 201 OEIAE IEEE] SI wAUIESIIA WIS 53186 3686 PIIONE 11. 1, a 3131 EAR � 1. 52. 3.0 W R OLIVER. DI 111 Mr. John Rosenow, Executive Director The National Arbor Day Foundation 100 Arbor Avenue Nebraska City, NE 68410 Dear Mr. Rosenow: on May 10, 1990, Waukesha experienced a devastatingly spectacular freak snow storm. This 9-inch, wet, heavy snowfall, accompanied by high winds, occurred just after full leaf -out. Sixty percent of our 30,000 street trees sustained damage and 1,000 required re- moval. Currently we are making steady progress with our corrective repair and maintenance work. To accomplish this enormous restoration task we ap- proached the City's finance committee for emergency funds. After our presentation to the conm>ittee, the initial and immediate response of the chairperson was, "We are a Tree City USA, we are proud of the designa- tion and we intend to keep it." The vote was unanimous in favor of all our requests. My point here (and I can not emphasize this enough) is that our designation as a Tree City USA was a tremen- dous positive influence in securing the support for necessary repairs and the continuation of Waukesha's urban forestry programs. I will close by simply saying to others, if you are not a Tree City USA now — become one; if you are already — sustain the title. The benefits to be accrued are manifold, take my word for it! Respectfully submitted, David P. Liska, City Forester 0 Benefits of Being a Trek City USA "Being a Tree City USA has challenged us to set long- and short-term goals and enabled all facets of our community to work together as a unit. We are more aware of, better educated about, and taking steadfast control of our environment." — Vicki Gottlob, City Tree Board Member Cook, Nebraska (Pop. 339) Annual, systematic tree care is essential in a good community forestry program. Applying for Tree City USA recognition puts a community in touch with experts who can help with technical advice. "With a municipal deficit of over $3 million, Cleveland's Division of Urban Forestry held its own during 1991. Politicians are eager to reward those agencies that achieve national acclaim for their efforts. For us, Tree City USA has made the difference between an ordinary and an extra -ordinary program." — Ralph Sievert, City Forester Cleveland, Ohio (Pop. 500,000) Every community, regardless of size, benefits in a different way from being a Tree City USA. Reports of these benefits have reached The National Arbor Day Foundation through the years and are summarized below in six general categories: Framework for Action Meeting the four standards for becoming a Tree City USA provides initial direction for an urban or community forestry program. Like the first rungs on a ladder, the standards help get a community started toward annual, systematic manage- ment of its tree resources. Education Education begins with discussion of the standards and getting organized to apply for Tree City USA status. It continues as the desire for Tree City USA recognition leads to contacts with the state forester's staff. In turn, this can set in motion aid from a variety of professionals in the form of technical advice, literature, films, and other assistance. Public Image A community's public image is a very real phenomenon and important in many ways. Being a Tree City USA helps present the kind of image that most citizens want to have for the place they live or conduct business. The Tree City USA entrance signs along public highways tell visitors that here is a community that cares about its environment. It is also an indication to prospective businesses that the quality of life may be better here. It has even been known to be a factor in where meetings or conferences have been held. This reason alone caused a motel owner to start action for his community to join the network! community image. 2 • TREE CRY USA BULLETIN No. 22 • The National Arbor Day Foundation :1 Tree Citi (,S.-I aicard instills a sense of pride a►nong colunteers, staff and residents. Funding assistance Jnr new trees sometiniesgoes first to corriniun.ities with Tree Cite IISA reci)gnitioti. Assistance is available to help pabli.cize Tree City USA awards and ceremonies. Citizen Prie Pride is sometimes a less tangible benefit. Gaining and retaining Tree City USA recognition is an award to the tree workers, managers, volunteers, tree board members and others who work on behalf of better care of a community's trees. Non-involved citizens, too, often share a sense of pride that theirs is a Tree City USA. This may translate to better care of trees on private property or a willingness to volunteer in the future. Financial Assistance Preference is sometimes given to Tree City USA commu- nities over other communities when allocations of grant money are made for trees or forestry programs. The reason is that there are invariably more requests than available Funds when grants are available through state or federal agencies. If requests are equally worthy, some officials tend to have more confidence in communities that have demon- strated the foresight of becoming a Tree City USA. Publicity Presentation of the Tree City USA award and the celebra- tion of Arbor Day offer excellent publicity opportunities. This results not only in satisfaction for the individuals involved and their families, but also provides one more way to reach large numbers of people with information about tree care. As one forester put it, "This is advertising that money can't buy — and it is free." Acknowledgments... This bulletin was produced in cooperation with Thomas Schmidt of the Public Land Management Program; David Mooter, Community Forestry Program Leader; and Kris Irwin, Assistant Community Forester; Nebraska Forest Service. Tree City USA is a cooperative program of The National Arbor Day Foundation, National Association of State Foresters and the USDA Forest Service. TREE CnT USA BULLETIN No. 22 • The National Arbor Day Foundation How toliecome a Trek City USA Steps to Becoming a Tree CityUSA 1. Obtain an application form from your state forester or The National Arbor Day Foundation. 2. At this point, a community may find that it meets the standards and can proceed with the application. If, on the other hand, it discovers it has additional work to do, the next step should be to seek help from the state forester's office. 3. When your community meets the four standards, have the one -page application and supporting materials submitted to your state forester by the mayor or other city official no later than December 31. There is no fee. 4. Verification and approval is done by staff in the state forester's office and the application is forwarded to The National Arbor Day Foundation. b. State foresters present the Tree City USA awards in various ways. Most commonly, the awards are given at an Arbor Day ceremony in the community or at a statewide awards program, usually in the state capitol and sometimes with participation of the governor. Community officials receive a Tree City USA flag, two road signs, a plaque and several commemorative items. 6. Recertification announcements are sent to communi- ties annually, as well as an application for a Tree City USA Growth Award. The Growth Award encourages continual improvement of community forestry programs (See Bulletin No. 18). 'I'hc Tree Cil y USA /lug is a st mbol of public prick. The Four Standards — How to Put Them to Work To qualify for Tree City USA, a town or city must meet four standards established by The National Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable tree management plan and program. Importantly, they were also designed so that no community would be excluded because of size. 1. A Tree Board or Department Someone must be legally responsible for the care and management of the community's trees. This may be a professional forester or arborist, an entire forestry depart- ment, or a volunteer tree board. Often, both a professional staff and advisory tree board are present, which is a good goal 1'61. most coolowilities. A tree board, or commission, is a group of concerned volunteer citizens charged by ordinance with developing and administering a comprehensive tree management program. Balanced, broad -based community involvement is encour- aged. Boards function best if not composed entirely of tree - related professionals such as forestry professors, nursery operators, arborists, etc. Fresh ideas and different perspec- tives are added by citizens with an interest in trees that is entirely avocational. Limited, staggered terms of service will prevent stagnation or burnout, while at the same time assuring continuity. 2. A Community Tree Ordinance The tree ordinance must designate the establishment of a tree board or forestry department and give this body the responsibility for writing and implementing an annual community forestry work plan. Beyond that, the ordinance should be flexible enough to fit the needs and circumstances of the particular community. - A tree ordinance provides an opportunity to set good policy and back it with the force of law when necessary. Ideally, it will provide clear guidance for planting, main- taining and removing trees from streets, parks and other public places. For tips and a checklist of impor- tant items to consider in writing or improving it tree ordinance, see Bidletiri No. 9. 3. A Community Forestry Program With An Annual Budget Of At Least $2 Per Capita Evidence is required that the community has established a commu- nity forestry program that is sup- ported by an annual budget of at least $2 per capita. At first, this may seem like an impossible barrier to some communities. However, a 4 • TREK CM USA DULLEUN No. 22 • The National ArM.r Day Foundation Pon Meet Mary Yager: Tree City USA Coordinator When you write or phone The National Arbor Day Founda- tion with questions or information about Tree City USA, here is the person who is always happy to hear from you. One of Tree City USA's most enthusiastic supporters, Mary Yager has been at the helm of this program since 1988. Officially, Mary's title is Director of Program Services. In this role she receives the applications from state foresters, reviews them for completeness, irons out problems and updates the records. Once an award is approved, Mary forwards the recognition items to the state forester and publicity kit to the community. This is often followed by fielding inquiries from the local media for additional informa- tion about the Tree City USA program. Mary's other duties include coordinating the National Arbor Day Awards competition, promoting Arbor Day through the mass media each spring and distributing the Foundation's popular public service announcements to the nation's print and electronic media. Questions about any of these programs are always welcome. You can contact Mary at 402/474-5655. little investigation usually reveals that more than this amount is already being spent by the municipality on its trees. If not, this may signal serious neglect that will cost far more in the long run. In such a case, working toward Tree City USA recognition can be used to re-examine the community's budget priorities and re -direct funds to properly care for its tree resource before it is too late. Ideally, this standard will be met by focusing funding on an annual work plan developed after an inventory is com- pleted and a report is approved by the city council. Such a plan will address species diversity, planting needs, hazardous trees, insect and disease problems and a pattern of regular care such as pruning and watering. 4. An Arbor Day Observance and Proclamation This is the easiest and probably the most enjoyable standard to accomplish. An Arbor Day celebration can be simple and brief or an all -day or all -week observation. It can be a simple tree planting event or an award ceremony that honors leading tree planters. For children, Arbor Day may be their only exposure to the green world or a springboard to discussions about the complex issue of environmental quality. The benefits of Arbor Day go far beyond the shade and beauty of new trees for the next generation. Arbor Day is a golden opportunity for publicity and to educate homeowners about proper tree care. Utility companies can join in to promote planting small trees beneath power lines or being careful when digging. Smokey the Beal's fire prevention messages can be worked into the event, as can conservation education about soil erosion or the need to protect wildlife habitat. Still another way to develop Arbor Day is to link it with a tree -related festival. Some that are currently celebrated include dogwood festivals, locust blossom festivals and Macon, Georgia's Cherry Blossom Festival that annually brings more than $4.25 million into the local economy. In meeting the four standards, help is available! The urban and community forestry coordinator in your state forester's office will be happy to work with communities in taking these first steps toward better community forestry. How You Can Help Tree City. USA Nearly 2,000 communities ranging in popula- tion from a few hundred to over one million have been awarded Tree City USA status. The results touch the lives of some 75 million people who live in these towns and cities. You can help these numbers grow. If you are not a resident of a Tree City USA, follow the steps on page 4 to help your community achieve this distinction. If you live in a Tree City USA, let your mayor and city council know you support the community forestry program and hope to see it maintained and strengthened in the years ahead. You can also make an important contribution by encouraging other communities to become a Tree City USA. Simply write for additional copies of this issue of the Bulletin and the booklet, Keep A Great Thing Growing America -Tree City USA (See page 8). Send these to friends or municipal officials in non - Tree City USA communities along with your personal recommendations. TREE CITY USA BULLETIN No. 22 • The National Arbor Day Foundation Tree City USA and Community Forestry: The Role of Urban and Community Foresters From the inception of the Tree City USA program, its success can be credited to an active partnership between the USDA Forest Service, National Associa- tion of State Foresters and The National Arbor Day Foundation. The USDA Forest Service has consistently provided financial assistance and technical advice, the state foresters have provided local assistance as well as serving as key promoters, certifiers and coordinators in each state, and the Foundation provides educational materials and management of the cooperative venture. In addition, hundreds of professionals and volunteers work together on behalf of Tree City USA, and the program is endorsed and promoted by the U.S. Conference of Mayors and the National League of Cities. Looking into the future, the key individuals for making the program grow are the state urban and community forestry specialists. This cadre of professional men and women has expanded in recent years in response to greater emphasis on community trees and their role both in local environ- mental quality and environmental well- being on a global scale. Some states have a single coordinator; others have a staff in one central location; and others have individuals scattered through the state with single or multi -county responsi- bility. Whatever the administrative structure, the common goal is to promote better management and health of the state's urban and community forests. Tree City USA has proven to be an excellent way to help achieve this goal, so it is no surprise that mane urban and community forestry specialists are among the program's best ambassadors. The `Soft Sell' Works Best To help others use Tree City USA to promote community forestry in more towns and cities, several veteran foresters were asked to share their insights on what approach has worked best. The foresters, Jim Nighswonger in Kansas and David Mooter and Tom Schmidt in Nebraska, have been very successful in promot- ing community forestry in their states. They often use Tree City USA as the "hook" or the "carrot," as The Foundation, cooperating organizations, and the nation's media work together to educate the public about the value of community forestry and Tree City USA through. print an.d broadcast public service advertising. G • TREE CITY USA BULLETIN No. 22 • The National Art— Day Foundation they say. But they also call their approach the "soft sell," which means the real key to success is working their program ideas into the communities rather than inflexibly trying to impose the same program in all places. Here are ten suggestions based on the success of these ✓ community forestry coordinators: 1. Begin with solid staffing at the state level. Be sure the hiring process screens for professionals who are technically competent and enjoy working with lay citizens in an education and support role. Communica- tion skills — including the ability to listen — and plenty of patience are essential. 2. Let all communities know you are there to help and give them an idea of what services can be provided. Then, respond to requests and prioritize your efforts based on the degree of interest expressed by the various communities. 3. Early in the process, identify potential local partners. There is usually a group, maybe several, that can be brought into the initial meetings. At the same time, identify the one or two individuals who are the "doers" — the natural leaders. They need not be knowledgeable about trees, but they do need enthusi- asm and lasting commitment. Without at least one such person, a community forestry program cannot exist. 4. Win city council support. When there is interest in the community, go before the city council to win its support and have a tree board officially established. 5. As a matter of routine practice, make sure that city staff are involved in all decisions. Park, utility, street, budget and attorney's office personnel can be the key to long-term success or an impassable barrier. 6. Begin with simple projects that are sure to succeed. A few park plantings or beautification around an entrance sign will do more to launch a lasting program than a grandiose plan or exhausting project. Follow up with other "bite -size" projects. 7. Develop a plan, but fit the plan to the community. A plan hammered out in a local cafe and written on a paper napkin may be more effective than an inch -thick document. However, in most cases, a street and park tree inventory is the way to begin, using it to then develop a five-year or longer action plan. TreeKeeper. jr. provides an excellent aid. S. Use award recognition to build awareness and support. The appropriate time to introduce potential Tree City USA recognition will vary with the circum- stances, but usually this is done best at one of the initial meetings. When the interest is there, assist in preparation of the application and support materials. Use the award as a way to publicly recognize accom- plishments to date and all who have helped. TREE CITY USA TreeKeeper. jr. can assist with street and park tree inventories Recognizing that an inventory is a necessary first step toward the sound management of the tree resource, a low-cost, high -ability inventory software program has been developed to help small communities. Called TreeKeeper jr., this high quality program operates on any IBM- compatible PC. It can be used with very little training to add, edit, and delete trees recorded by building addresses or by city block; store a full range of information about each tree; compute tree values; keep records of care that each tree needs or has received; and print useful listings and summary reports on virtually any feature the user wants to input and track. Free technical support is available for 90 days and additional support after that on the basis of an hourly fee. The software is accompanied by a "plain English" manual to serve as a guide to laymen or profes- sionals. TreeKeeperin has a limit of 5,000 trees; the $200 program is available to Tree City USA communities for only $99. To order, contact The National Arbor Day Foundation, P.O. Box 81415, Lincoln, NE 68501- 1415 or phone (402) 474-5655. 9. Know when to let go. In a successful program, the local board will want to make the decisions. The state community forester's job is to provide enough education to assure that good decisions will be made, and to be available with technical advice as needed. 10. Keep in touch. Through newsletters, invitations to workshops and occasional personal visits, keep each new program moving forward. The Tree City USA Growth Award can be useful for suggesting new projects that help make a good community forestry program even better. Through the cooperative efforts of all who make these programs work, it is indeed possible to improve America's urban and community forests. Instead of more trees succumbing to disease or other sources of destruction than are being planted, we can work toward replacement and filling the empty planting sites. We can work toward diversity of both species and age classes, and toward matching the right tree to each site. Hazards can be reduced and energy -conscious place- ment can be encouraged. In short, working together — with the full support of municipal government — we can transform neglected or deteriorating situations into managed community forests that are healthy, safe and a source of pride. These are the goals of Tree City USA. TREE CITY USA BULLETIN No. 22 • The National Arlxir Day Foundation • 7 Other Sources of Information A Basic Library A basic library to help anyone grasp the extent,of urban and community forestry, its opportunities and how to meet its challenges, will include these four publications: • The Simple Act of Planting A Tree by Andy and Katie Lipkis (Jeremy P. Tarcher, Inc., Los Angeles, CA) • Urban Forestry by Gene W. Grey and Frederick J. Deneke (John Wiley & Sons, New York, NY) • Urban Forestry — Planning and Managing Urban Greenspaces by Robert W. Miller (Prentice -Hall, Inc., Englewood Cliffs, NJ) • A Guide to Starting and Developing Community Forestry Programs by Craig Foss, Corinne Rowe, James Fazio and Ronald Mahoney (University of Idaho Cooperative Extension Bulletin No. 692, College of Agriculture, Moscow, ID) From The National Arbor Day Foundation... • Arbor Day Catalog A free, illustrated listing of items from balloons to sweatshirts available to support and help publicize Arbor Day and the Tree City USA program. • Celebrate Arbor Day! A 23-page booklet on how to celebrate the tree planting day. It includes a history of Arbor Day, poems, a play, ideas for a ceremony and more. Single copy, free; bundles of 50, $18.25 ppd. • Trees Are Terrific! Curriculum Kit An outstanding curriculum kit for fifth grade that in- cludes two instructional units: "Arbor Day — A Celebra- tion of Stewardship" and "Be a Tree Sleuth." Includes a Celebrate Arbor Day! booklet. $20.80 ppd. • Education Materials for Schools, Organizations and Communities A free list and order form for all publications available from The National Arbor Day Foundation, including bulk rates for distribution at meetings or special events. • Tree City USA Applications fi,ir — Tree City USA Certification — Tree City USA Recertification — Tree City USA Growth Award Copies are free of charge. • Keep A Great Thing Growing America — Tree City USA A 24-page, illustrated booklet that serves as an excellent introduction to the values of trees, the idea of community forestry, and the Tree City USA program. Free for distribution to community leaders. Videotape • A Special Kind of Care This appealing, 13-minute video explains the concept of community forestry, its benefits, and what individuals can do to promote it in their hometown. The video describes Tree City USA and is a good choice for viewing by any group planning to start a forestry program. Keep A Great Thing Growing America is an excellent handout at any program where this video is used. Available from The National Arbor Day Foundation in VHF 1/2" format for $16.20 ppd. Training in Urban Forestry In 1992, The National Urban Forestry School was initiated to offer effective background education for profes- sionals and lay leaders finding themselves in urban and community forestry but without formal training in that field. The School consists of three one -week sessions spread over either two or three years and becoming progressively more in-depth. Dates are spread throughout the year so that individuals can begin when most convenient. • Session I: The basics of arboriculture and urban forestry. • Session II: In-depth treatment of topics considered by experts to be most deficient aniong urban and commu- nity foresters. For a complete program description, phone 402/474-5655 or write to The National Arbor Day Foundation. (q,b Conferences and Training_ How to join the Friends of Tree City USA... To receive a subscription to the Tree Citv USA Bulletin, and to become more involved in the community forestry movement in your town and throughout America, send a $10 dues -donation to Friends of Tree City USA, The National Arbor Day Foundation, 100 Arbor Ave., Nebraska City, NE 68410. Make your check payable to "The National Arbor Day Foundation." To order additional Bulletin copies... Friends of Tree City USA members may obtain a single copy of this or any of the preceding Tree City USA Bulletins free of cost. Quantities of any issue are available at 25 for $6.25 or 500 for $100. To order: specify the issue number and quantity, and make your check payable to `The National Arbor Day Foundation," 100 Arbor Ave., Nebraska City, NE 68410. Tree Cav USA Bulletin ,,01994 The National Arbor Day Foundation. John E. Rosenow, publisher: James R. Fazio, editor; Gerreld L. Pulsipher, graphic designer; Gene W. Grey, William P. Kruidenier, James J. Nighswonger, Steve Sandfort, technical review committee. Although copyright is vested with the Foundation, permission is hereby granted for the contents of this bulletin to be reproduced for non-commercial educational or public-service purposes provided the source is acknowledged. 50009901 Published for the Friends of Tree CityUSA by ¢� The National r: Arbor Day Foundation ry 100 Arbor Avenue • Nebraska City. NE 68410 A�i�xuaiu.. nnmon�. �•c.a�w�. , _ _SOY INK_. 23 Bulletin No. James R. Fazio, Editor O TREE CITY USA BULLETIN for the Friends of Ikee City USA How To Conduct a Street Tree Inventory Whether a farmer or a diamond merchant, anyone who produces or manages items of value keeps an inventory. The figures are not only a monitor of current value, but a constant guide to decisions. In community forestry, a street tree inventory can be a valuable tool for upgrading management and assuring a healthy forest for the future. 'there have been many people lost in the woods while carrying a compass, an instrument they thought would prevent such a happenstance. Once lost, they found there is nothing magic about carrying a compass — it must be working pr'operlY :crxl the h(•: rer must know how to use it. Community tree inventories are much the same. It is often said that an inventory is the necessary first slep toward good management of the tree resource. Yet, it is also well known that in smaller cities, espe- cially, once an inventory has been completed, the results often end up on the proverbial shelf to gather (lust. Rather than beinm- a help to management• the inventory is held up by taxpayers or an elected official r� an OVIMple of I inu• :uul inonv . In largercilies. an iuv(•nlor� I� 11wr(, o1i(•n p:ot ofthe daily routine of tree nianagenu•nt. Its inital prepara- tion is a major project, but once c•onrpleted it is used regularly to plan work for city cry s or contractors and to keep tabs on what is accomplished. On this scale, both the inventory and its use are work for experts. In smaller communities there is more opportunity — and need — to adopt inventory -based tree management. It is toward this goal that Bulletin 23 is dedicated. In these pages are some of the basics needed to conduct a useful inventory. More instruction and professional guidance will be necessary before the work is actually conducted, but for the uninitiated or someone who has had a brief and bad experience with an inventory, the purpose here is to remove some of the mystery and point the way toward inventories that help. Why Do An Inventory? Knowing why an inventory is to be done is the single most important factor in deter- mining success or failure of the project. Before trying to decide what kind of inventory to do or how to do it, make sure the tree board or forestry department has a crystal clear idea of how the inventory will be used in the on -going management program. Here are some of the things an inventory can achieve, with appropriate modifications needed depending on the size of the community. Most of these items form the basis of a management plan, a useful annual guide to efficient and effective action. • Engenders public support, especially if citizens are involved as data collectors. • Provides an accurate, insightful profile of the species and size (age) composition of the community forest. Cottonwood American Elm W 0 A ..' E �< z rA Better Profile `o Bradford Pear Red Oak E Maples z Species in Community Diameter Classes Profiles can be used to foresee problems such as losing large numbers of trees at once as a result of insect or disease epidemics, ice or wind storms, or the limits of longevity being reached. Profiles can guide plans for replacements and new plantings that will mean healthier diversity through the use of suitable species that are currently under -represented. • Reveals planting needs and suggests priorities to assure • Provides factual data for coordination with other depart - balance and diversity. ments such as planning and streets. • Identifies hazard trees that should be treated or removed, • Useful for monitoring planting success and growth of thereby preventing damage and costly litigation. trees to enable evaluation of nursery sources. • Determines tree maintenance needs, providing a sound basis for how many people are needed to do the work, and 80 how much it will cost. • Provides information for defensible budget requests that 70 compare in accuracy and sophistication with those from other municipal departments. 60 • Establishes the monetary value of community trees and 50 convincingly shows the effects of budgeting and manage- ment on the resource value. 40 • Locates trees that are special because of their large size, unusual form or connections with history. By pinpointing such specimens, special care can be provided and they can be included in educational materials. • Allows keeping records of work performed to be used for: (a.) reporting to the administration and elected officials, (b.) better planning of time and crew size needed for tree maintenance, (c.) assuring systematic care of all trees, and (d.) continuity of information when personnel changes occur. • Enables quick and intelligent responses to property owner questions and requests. 30 20 10 Millions of Dollars The Value of Optimal MaiMe�X Community Trees Minimal Maintenance - Inventory ® Current Maintenance -- O No Maintenance k * Also, greater risk of litigation resulting from - hazard trees. 1992 1993 1994 1995 1996 Years of Tree Maintenance Program Using a formula developed by the International Society of Arboriculture, an inventory can place a dollar value on community trees. This model, hased on a study by ACRT, Inc•., ol'one citys trees, illustrates the elJ'ects of adequate and imtdequate trer tare. Inlorniatiorn such us this eon help build a strong argument liw budget requests. 2 • TRITE Cni' USA ttULLF.TIN No. 23 • The National :%rtror Da) Foundation Rinds of Inventories There are many kinds of inventories and even more ways of conducting them. There is no single "right" inventory, although there are definitely cor- rect procedures that must be followed in each one if the results are to be valid and useful. Selecting the kind of inventory that is best for your community depends on the reasons for conducting it. That is, how are the results to be used? Match- ing the purpose with the kind of inventory is a necessary step if the inventory is to be useful. Specific Problem Inventory This is simply a search for informa- tion related only to a specific problem. For example, it may locate all elms in preparation for arrival of' ill(' Dutch Elm Disease. or identify trees that could be hazards if not treated or removed. its use is limited to the one prohli-In rather thin to broader inanagement. Parks and Natural Areas .!� Trees in manicured parks and j arboretums can be individually inventoried and keyed to a map with a j location number. In more natural areas, where trees grow in dense groups, methods usually used gather information by sampling and general- izing rather than measuring all trees. This will be covered in a forthcoming Bulletin on managing community natural areas. Cover Type Survey Using aerial photographs, the extent and distribution of tree crowns (the canopy) can be quantified. This is useful for monitoring trends, determin- ing energy -saving potential, and ^` establishing tree protection require- ments for new developments. Sampling Method If interested only in statistical O summaries such as species and size composition, available planting spaces and similar data, a sample (often ten percent) of the streets or blocks in the fir community may be all that is neces- - - - - sary. This kind of survey is relatively inexpensive and can be quite accurate if the trees are generally homogeneous. If not homogeneous, accuracy is still possible by dividing the city into sections that are reasonably alike, such as old and new areas, and taking samples in each. In either case, the key to accuracy is in making sure the sample is purely random. If these conditions are met, results of the sample can be generalized to the community as a whole and accurate profiles can be obtained. Windshield Survey In a windshield survey, data are collected by a team of observers and recorders (usually 3 or 4) riding in a car as it moves slowly along the street. This popular technique is more of a data collection method than a specific kind of inventory, but it is often referred to and promoted as an inventory choice. Actually, it can be used in gathering data for either a sample or a complete inventory. Its advantages are that it is relatively fast and inexpensive, but its disadvantages are that less information can be collected and it is less precise than visiting each tree individually. Complete Inventory — Periodic In a complete survey, all street trees are inventoried and usually keyed to a specific location like a house address or a block. It is a detailed accounting of all trees. It is also the most time-consuming and expensive inventory, but the most accurate. Complete Inventory — Continuous This is the same as above except that a record is continuously maintained for each tree and planting site. Mainte- nance work is prescribed for each tree and planting is scheduled for the empty a sites. As work is accomplished, the records are updated. For managing a community forest and reducing the liability for accidents, thi,, is the most valuable method. It is therefore the one covered in this Bulletin. Note: In any inventory, even a so-called continu- ous one, a re -survey is usually necessary every 5 - 10 years. This is to account for growth, unreported tree work or removals and other changes in conditions. The excep- tion is if all trees are visited and records updated, including diameter, within that period. In the long run, this could be the most economical, as well as effective, method. TREE. CITY USA BULLETIN No. 23 - The National Arbnr Day Foundation - Aat Data to Cotect Having decided the intended use of the inventory and the kind of inventory needed to collect the information, the next step is to determine exactly what information about each tree or site is needed. Considerable care should be taken with this task, as it is the foundation of your inventory system. If ,your information will be fed into a computer for storage and reporting, "fields," or blanks, will be displayed on the monitor according to the particular program being used. The data collected are entered in these spaces. However, fields should be ignored if the data to be entered is information you do not need. On the other hand, you may need to add fields or enter items in the "remarks" space to include something unique to your management needs. Most people will not be collecting data with the hand-held microcomputers used by professionals, so it is necessary to collect the information on forms and enter it later into the computer. Design the form to coincide exactly with the order in which data are asked for on the computer screen. Omit entries that will not be used. Here is the information most commonly collected: R 1 A (added alter original survey) Renter Lane a. NR1 I R1 IR1 R1A R2 S1 2619 262AX 2623 212, _ 1 2 o--- Linwood Ave 0 z fM1 +M2 M3 M4 M5 w Linwood Ave Planting Space; No Tree 7 ®® v®©®IMOMM is 1111HUNIS° CMGZ C= I=C�C��' If computer storage of data will be used, inventory forms should be designed to record information in the same order it will be entered into the computer. This may mean simply haling a firm for each tree or site that duplicates the screen format. or it may be in columnar format. Fields that will not be used have been deleted from the data collection form. 1. Location The location of each tree or empty space suitable for planting can be identified in a number of ways. Regardless of method, it is always a challenge trying to account for all the unique circumstances. The objective is to identify the tree or plantable space in a way that it can be relocated by someone else at it later date. The method shown here ties each to a house or building number. For vacant lots, a fictitious number is given with it letter added, such as "X", to alert others that there is no building there. A sequential numbering system must account for all trees and planting spaces in a way they can be relocated by work crews. In this system, all street trees and planting sites are tied to house addressees. . Trees and spaces (referred to as "site") are numbered sequentially in the same direction as ascending house numbers. "S" for side and "R" for rear account for trees on corner lots or where the back of the house adjoins a second street. Trees on a median strip can be tied to a fictitious address corresponding to the hundred block. In the above example, these trees would be recorded at 2600X Linwood Ave. as M1, M2, etc. When a tree or space has been omitted and must be added after the survey, alphabetical letters can be added in sequence (1A, 2A, etc.). If using a computer program such as TreeKeeperjr (see page 6), you simply add the new tree or space, giving it the appropriate sequential number and the computer renumbers all the rest of the trees at that address. It is important to include block information with each tree or planting site record so that all trees on a specific street can be retrieved from the data base regardless of house number. For example, Tree S1 at 2619 Linwood Ave. could be included with trees reported (for pruning, let's say) with all trees at that house, all trees at houses on Linwood Ave., or all trees on Norwood St. Frequently, a community's management goals do not require knowing what trees are at a specific address. This is often the case when windshield surveys are used and trees are simply recorded by street or block. In this: case, "address" information on the illustrated inventory form would be omitted (as would any other data columns not needed). However. this method can still take advantage of computer programs. If the program require, ,caret addresses in order to work, a street or block can be given it fictitious address. such its 2600X Linwood Ave., with all trees on that street or block numbered sequentially. 4 • TREE CITY USA BOu.ETIN No. 23 • The National .Arlwr Day Foundation 2. 'free Information • Species Locust, 11hick Rohinia psc•udoacacia LOCK Maple. Sugar Acer saccharuni MPSU A checklist of trees known to be in the community should be developed before the inventory begins. Abbreviations can he made up or adopted from a standard list such as one developed by researchers in the USDA Forest Service. A good computer program will allow the user to switch back and forth between common and scientific names at will. Some require a numeric code for each species in order to manipulate or summarize data. Size <a" 4-6" 7-12" I3-18" 19-24" 25-30" >30" Taking exact measurements of diameter slows data collection and is usually not important for managing the trees.'rherefine. size cote"oriel with rensonahle. but usuallN, arbitran. spreads slit uld he used. Ifei"Ilt and crown Width." are usuall} onnt•rt•.;;,u•c Litt• nuuutgenu'nt purposes. If needed. the.N. ran Le-diulined bv nroasurnr" a svnpIc of trees and correlating these measurements with diameter classes of species growing under the same general conditions. With practice, tree diuneters con be estimated by eye with a high degree of accuracy. For greater accuracy or to check estimates occasionally, a Biltniore stick is the quickest way. This device resembles a yard stick but is calibrated to be read in inches of diameter. Condition Excellent Good Fair Poor Dead Condition classes can be described in general terms for data collectors. For higher precision, a checklist can be obtained from the International Society of Arboriculture's Guide for Establishing Values of Trees and Other Plants. Summaries of these data are good indicators of the health of the urban forest. When combined (by a computer program( with species, size and location, they can also help estimate the monetary value of trees. 3. Maintenance Needs Code Work Needed 0 Plant I Remove 2 Priority Prune (safety) :3 Routine Prune 4 Training Prune 5 Remove Grate 6 Remove Stump 7 This entry is the guide to planning work and determining budgets. The list of treatments or practices will depend on which ones are being used (or could be used) in the particular community. Each is coded to save space on data collection forms. 4. Site Information Some inventory programs have entry fields for informa- tion that describe site features important to management. The entry may call for a simple "yes" or "no," or measure- ment. For example: Overhead Lines Y Treelawn 8' Sidewalk Damage N Land Use 164 Land use, coded in this example using a list of USDA Forest Service code numbers, is used by the computer as the tree's location to calculate tree value. Using ISA's valuation formula that considers size, species, condition and location, a tree coded 164 (adjacent to privately owned, suburban residential property) would receive a higher dollar value than the same tree coded 324 (next to a freeway). Again, use only that site information that helps meet an objective, or purpose, of your inventory. Otherwise, it is a waste of time. Also, these data are no substitute for actually inspecting a site before selecting planting stock or planning some other project. 5.Other Information Insect or disease problems are sometimes inventoried, but usually this kind of information requires an expert and is obtained more effectively by other means. A remarks category can also be used. This is helpful when the inventory is used for responding to phone calls from residents and maintaining work histories and plans. Remarks can include anything from the presence of a dangerous dog to noteworthy specimen trees. The drawbacl of a remarks field is that the information can usually not b� summarized by computer or retrieved by topic unless it is coded and built into the program being used. TREE CITY USA BULLETIN No. 23 • The National Arbor Day Foundation Managing the Project � Here are four steps essential for a success- ful inventory project. 1. Plan Besides carefully determining the objectives for the inventory and deciding what data must be collected to meet them, a form must be designed to allow for all conditions that may be encountered. This being virtually impossible, flexibility should be built-in, such as allowing space for features or conditions to be added that were not anticipated. Part of planning is also developing comprehensive checklists or code sheets for data collectors, and making "rules" for how measurements will be taken, tree numbers will be assigned and other field situations will be handled to assure consis- tency. Test everything by working through the trees on several blocks in different parts of the community, refine the procedures, and put it in writing for each data collector. 2. Train Whether using volunteers, summer youth crews or paid employees, begin with a workshop session. Explain the "why" behind the project as well as procedural rules and your expectations of quality work. Then conduct a practice session on the streets, working with all individuals or teams. (Teams of two are most efficient when using non-professionals.) Be sure to explain a procedure for handling unknown species or other problems that require delayed data recording or the supervisor's assistance. To prevent problems from suspicious character reports, it helps to notify the city police and other city departments about when and where crews will be working. Identifying inventory workers with customized t-shirts, caps or wind - breakers also helps. Residents can be alerted through the news media. Crews should be briefed about how to handle inquiries from residents. A handout explaining the project is a good device and reduces the problem of crew members spending time in conversations. 3. Supervise The history of street tree inventories teaches that spot checking for accuracy and honesty is essential. The nature and intensity of supervision will vary widely, but In all cases it should be done regularly by the person responsible for the project. Brief, daily meetings can be a useful way to discuss problems and work out solutions. The National Arbor Day Foundation's computer inventory program includes a manual that is easy to understand and use, even with no previous experience. 4. Use! Make sure that inventory reports are used at every opportunity. Continuous inventories need regular updating. This requires a clear procedure for editing or adding data. In larger communities, this may be daily attention by a clerk or technician to update the data base as crew reports are turned in, permits for tree work are issued or citizen calls are received. In smaller communities, updates are best done periodically but regularly (perhaps once a month) by a tree board member or the forester. Tree work, blowdowns, new plantings and other changes need to be reflected promptly in the inventory. Managing the Data In very small communities, records for each tree, block or street can be kept on index cards. But even in these cases, today's technology makes it easy, useful and for many people — even fun — to use a computer to store, sort and report inventory data. There are many computer programs available, each with different capabilities and limitations. The urban and community forestry specialist in your state forester's office will be able to provide suggestions and possibly a list of suppliers. However, The National Arbor Day Foundation, through a donation from Davey Resource Group, has developed an inexpensive, powerful and flexible program specifically for communities with 5,000 trees or less. Named TreeKeeperTmjr. its key features include: • User friendly. (No previous experience necessary.) • A "plain English" manual. • Works on any IBM-PC or compatible unit. • Includes 90 days of free technical support. • Full range of abilities; can do everything described in Bulletin 23, including computing tree values. • Fast, easy editing (correcting or updating data). • Can he expanded as the community and its forestry program grow and more features are wanted. • Costs only $200. ($99 to communities with Tree City USA recognition.) • Guaranteed satisfaction or purchase price is returned. TreeKeeper. jr. is made available as a service of The National Arbor Day Foundation. It is provided in the belief that a program of this quality will make complete, continuous inventories easier to use and more widely adopted by commu- nities of all sizes. This, in turn, will be a major step toward more intensive management of community trees nationwide. To order TreeKeeper jr., write, phone or Fax: The National Arbor Day Foundation P.O. Box 81415 Lincoln, NE 68501-1415 (Phone:402/474-5655 Fax:402/474-0820) 6 • TREE CITY USA RUI1.EnN No. 23 • The National Arbor Uay Foundation - � Species fouency for entire city Repoftso American elm Ulmus americans 1,550 40.3/0 A major benefit of computerizing an inventory is the ability Green ash Frax penn laneolata 329 8.5% to instantly generate summaries of data any way desired. Of Silver maple Acer saccharinum 246 6.4% course, this can also be done by hand using index cards or other forms, but it is time-consuming, tedious and prone to errors. There are many ways in which data can be reported. Once again, how it is done depends on the purpose of the inventory and how the data help meet management needs. Most Species cross -tabulated with any feature frequently the summaries help guide decisions in developing (Example: Condition) a management plan, illustrate budget requests, justify programs or provide information to city officials for making public presentations or fielding inquiries. Here are some examples of ways data can be reported: Excellent Fair Good Poor Dead Totals • All trees at a single address Ash Species 234 678 29 941 Buckeye 23 23 American Elm 10 1 5 16 Malus Species 2 3 5 2621 X LINWOOD AVE Norway Maple 3 2 5 #1 Red oak 13-18" DBH Cond.. Good Value. $1,921 Norway Maple 2 2 4 #2 Litlf linden 7-12" DBH Cond.: Good Value $1,225 Crimson King #R1 (Planting site) Silver Maple 3 3 Dead 5 5 Report Totals: 35 237 684 41 5 1,002 • All trees on a block or street On LINWOOD AVE from NORWOOD ST to EAST ST Tree # Species Diameter Condition Maintenance 2619 1 American elm 25-30" Fair Priority prune 2619 2 Silver maple 13-18" Poor Remove 2621X 1 Red oak 13-18" Good 2621X 2 Lit.lf.linden 7-12" Good Routine prune 2623 1 Dead 7-12" Dead Remove 2623 2 FI crab apple <6" Excel. Remove stake • All trees needing specified maintenance ALL TREES IN NEED OF PRIORITY PRUNE On LINWOOD AVE 2619 1 American elm 25-30" 2690 3 Green ash 13-18" On MARCY LN 32 1 Sugar maple 7-12" In short, any information that is collected in an inventory and entered into the computer's data base can be retrieved and reported. From this rich storehouse of information, visual aids such as bar graphs and pie charts can be developed to enhance any presenta- tion about the community forestry program. TREE CITY USA BULLETIN TREE CITY USA BULLETIN No. 23 • The National Arbor Day Foundation • i Other Sources of Information Tree City USA Bulletin will inform readers about helpful, up-to-date publications that provide more depth, serve as good models, or are readily available for community distribution. The editor welcomes sample copies to consider for inclusion in revised editions of this and other Bulletins. Publications • Urban Forestry — Planning and Managing Urban Greenspaees by Robert W. Miller Prentice Hall, Englewood Cliffs, NJ 07632 (404 pp.) This book should be on the shelf of anyone beginning or expanding a community forestry program. An entire chapter is devoted to street tree inventories, complete with a helpful bibliography. • Options in Street Tree Inventories by E. Thomas Smiley and Fred A. Baker Journal of Arboriculture 14(2): February 1988 There are many articles about inventories in the trade and professional journals of the green industry, but this is one of the more thorough overviews of the subject. • What City Foresters Do edited by James R. Fazio Tree City USA Bulletin No. 12 This Bulletin is worth reviewing as a summary of what is included in a well -managed community forestry program. Training Opportunity Because of its importance to the regular, systematic management of community forests, "Street and Park Tree Inventories" is a work- shop topic available thrmtgh Conferences and Training, The National Arbor Day Foundation. This workshop is not offered on a scheduled basis, but is available Chautauqua -style. This means that the workshop will be taught in any area of the country where a local, state or regional co-sponsor assures a minimum of' 20 participates. "Street and Park Tree Inventories: is a practical, 3-day workshop taught by highly experienced instructors. It results in the skills necessary for participants to plan and conduct an inventory. The workshop also includes how to develop a useful management plan from inven- tory data and how to select a software program that meets your needs. For more information, phone The National Arbor Day Foundation at 402/474-5655. Assistance It is improbable that a good inventory can be carried out without at least some initial assistance from someone who has professional experience. The best starting point to find such assistance is to contact your state forester for the name of the urban and community forestry specialist that services your area. Many urban forestry consultants are also available to either assist or to conduct the entire inventory. The names of consultants with experience in street tree inventories can be obtained from these professional organizations: • American Society of Consulting Arborists 5130 W. 101st Cir. Westminster, CO 80030 ( Phone: 303/466-2722 ) • Association of Consulting Foresters of America 5400 Grosvenor Lane, Suite 300 Bethesda, MD 20814 (Phone: 301/530-6795 ) • International Society of Arboriculture P.O. Box GG Savoy, IL 61874-9902 ( Phone: 217/355-9411) How to join the Friends of Tree City USA... To receive a subscription to the Tree City USA Bulletin, and to become more involved in the community forestry movement in your town and throughout America, send a $10 dues -donation to Friends of Tree City USA, The National Arbor Day Foundation, 100 Arbor Ave., Nebraska City, NE 68410. Make your check payable to "The National Arbor Day Foundation." To order additional Bulletin copies... Friends of Tree City USA members may obtain a single copy of this orany of the preceding Tree City USA Bulletins free of cost. Quantities of any issue are available at 25 for $6.25 or 500 for $100, plus $3.50 shipping and handling. To order: specify the issue number and quantity, and make ,your check payable to "The National Arbor Day Foundation." 100 Arbor Ave., Nebraska City, NE 68410. Tree City USA Bulletin c 1994 The National Arbor nay Foundation. John E. Rosenow, publisher; James R. Fazio, editor; Gerreld L. Pulsipher, graphic designer; Gene W. Grey, William P. Kruidenier, James J. Nighswonger, Steve Sandfort, technical review committee. Although copyright is vested with the Foundation, permission is hereby granted for the contents of this bulletin to be reproduced for non-commercial educational or public-service purposes provided the source is acknowledged. 50011301 Published for the Friends of Tree City USA by QThe National "► Arbor Day Foundation 100 Arbor Avenue • Nebraska City. NE 68410 Published by • The National Arbor Day Foundation 100 Arbor Avenue • Nebraska City, NE 68410 INDEX EDITION Guide to subjects in Bulletuis 1-29 How to Plan for Management TREE CITY USA BULLETIN ry.29 Dr. James L Fazio, Editor • $3.00 "if you fail to plan, plan to fail." So goes the old saying, and it is as true in community forestry as it is in managing your personal check book. By following the few basic steps presented in this issue of the Bullelitz, leaders in communities of all sizes can develop a more effective, systematic tree program. If there is a single action that could advance the care of trees in most communities, it is the development of a well thought-out plan. Planning is the very foundation of an effective, systematic tree program. It can be the vital nucleus around which a new program is formed, or the means of re -energizing an existing program into a more productive part of municipal government. Unfortunately, planning is often at the bottom of almost anyone's list of exciting things to do in urban and community forestry. Planning has little of the fun associated with planting trees, nor does it provide the same sense of accomplishment as stepping hack and viewing a properly pruned tree. The lack of planning for community tree care in the United States is an epidemic in its own right.- In Oregon, for example, 1 1 1 of 151 communities that responded to a sure.y indicated not even having a tree cure ur cnmmunity forestry p O"I'Mu. About half of those with no program also helieve that they do not need one. At the other end of the country, and probably typical of all states in between, Pennsylvania reports that only 15 percent of its municipalities have a tree program. And of the communities that do have a program, 60 percent of them do not even perform annual inspections for hazard trees. Even in a community that has a forestry program, if regular planning is not part of it, the result is like a rudderless ship being pushed in whatever direction the wind is blowing! At hest, little progress takes place unless by pure chance, and at worn a disaster is the end result. In the case of community forestry, such a disaster often comes in the form of a limb falling from a hazardous street tree that should have been pruned or replaced. What is proposed in this Bulletin is not an exercise in bureaucracy. Neither is planning equivalent to a weighty tome or cumbersome binder of maps and charts. What is important is the process leading up to a clearly written plan, whether the resulting document is two pages or 200 in length. In the following pages are the essential steps in planning that can be used in even the smallest community to make Planning is systematic decision -making. It provides the foundation for effective, continuous community forestry programs. this possible. They offer a blueprint for tree boards, volunteer groups, neighborhood associations and anyone else who wants to assure well -guided action on behalf of community trees. Five Steps in Planning When you cut through the legalese and jargon, planning is simply systematic decision -making. It removes guesswork, provides a means for balancing divergent opinions, and offers a way for measuring progress toward a goal. Planning is also a continuous process that should be as much a part of the annual calendar as Arbor Day. While there is no universally accepted way to plan, here is a simple framework that can help. STEP I: Where We VISION Want to Go Developing a vision statement for the community forest is an excellent group exercise. It is a search for the ideal — a goal for the state of community trees 10 to 25 years in the future. Once developed, it also stands as a written commit- ment toward which the forestry program will be directed. To write a vision statement, use a round-robin or brain- storming technique with your group and list suggestions on flip chart pages. Have one or two members of your group then refine the ideas and put them into statement form. Bring this back to the whole group for revisions and acceptance. There- after, keep the vision statement visible during planning sessions and include it in planning documents, reports and requests for financial assistance. Example: By the year201,5, Plea santuille's community forest will be multi -aged, fully stocked, healthy and safe. It will contain a wide variety ol'appropriate species and be maintained on a low cost but regularly scheduled basis. It will contribute to the general welfare of our residents by reducing energy costs, increasing property values, prouiding homes for wildlife, beautifying all neighborhoods, and projecting an image of yualily to nisilors crud praspcclil c businessrs. Care ol'public trees will also be used as a means to educate and inspire residents to care fur trees on private property. Pleasantville will be an annual recipient of the Tree City USA Grou-th Award. PLANNING... • assures that all needs of the community forest are recognized. • reduces the risk to property and human safety. • makes sure that all work is prioritized. • provides a defensible basis for budget and grant requests. • leads to a continuous program from year to year, regardless of personnel changes. STEP 2: ASSESSMENT What We Have An inventory of publicly -owned trees provides factual information used to describe the current condition of the community forest. It is the data base that can be used to decide what actions are necessary to close the gap between what is wanted and what exists. At minimum, the inventory should include: Species Composition Why? The percentage that each species represents reveals diversity, or lack of it. Vs protection ag:unst. epidemic, or widespread loss from ice storms, no species should represent more than 7 to 10 percent of the total. Use: Helps in planning which species to plant in the future. If diversity is a goal, composition data provides the guide for tracking progress toward achieving it. Size of Trees Why? Diameter size is a shortcut to estimating age. An increment boring can be taken from a sample of each species, with their ages then determined by counting growth rings. This can be correlated to tree diameters ( all of it done in classes, such as 4%6" and 5-10 years). Conversion from diameter to age is then easy. Use: The ideal forest will have a full range of ages. Through planting and judicious removals (usually based on condition), the goal should be to eventually have all age classes equally represented. Condition of Trees Why? Classifying community trees into categories that describe their condition (Excellent, Good, Fair, Poor, Dead/Dying) presents a picture of the forest's health and how safe it is for humans and property. Use: This information guides the scheduling of pruning work and removals, and the estimation of costs necessary to bring the forest to a healthier, safer condition. Planting Spaces Why? A fully stocked forest provides maximum energy savings and other practical and aesthetic benefits. Use: When added to the spaces created by removing trees in poor condition, existing vacancies show how much planting is needed and enable a close cost estimate. This information, combined with how much money and labor is available, helps set an annual planting schedule that will bring the forest to a fully stocked level. Using maps and house addresses during an inventory helps in organizing the work even more. Value Why? Trees are a resource and a service. An appraisal formula available from the International Society of 2 • TREE. CITY IiSA 111111 EIIN No. 29 - The National Arhor Day Foundation Arboriculture (Bulletin No. 28) provides a way to place monetary value on street and park trees. Use: Provides: (1) support for budget requests, (2) an estimation of the true costs of projects that would destroy trees, (3) help in gaining public attention for the tree program, and (4) a basis for seeking federal assistance following a natural disaster. Assessment should also take into account the potential impact of population changes and areas of future develop- ment; major problems such as sidewalk lifting or conflicts with utilities; and similar information that clearly paints a picture of the community forest today. STEP 3: LONG How To Close RANGE PLAN The Gap To write the long range plan, ask the question — What must we do to change our forest as it exists today into the one (Ie,CY-il)ed in our vision statement:' Yow• answers provide strategic direction for an action program designed to meet the unique circumstances in your community. They also provide the first opportunity to prioritize all the work that is needed so that the most important things get done for sure. The resulting list provides an excellent too] for estimating the total cost of creating the "ideal" forest. (Of course, it is important to remember the cost of no action — especially in terms of liability!) Some examples of items in the long range plan may look like this: 1. Implement a hazard tree assessment and action program. 2. Implement an annual pruning program. 3. Create an annual planting schedule to replace all removals and fill other vacant sites. 4. Develop a public education program stressing the energy - saving benefits of the right tree planted in the right place. 5. In cooperation with the ,tale wildlife department and local nurseries. conduct a campaign (n create w ildlifi. habitat in Iwckyard, and pm-ks. 6. Develop a system for the continuous updating; of the community's street and park tree inventory. STEP 4: ANNUAL Getting The WORK PLAN I Job Done Sometime before the start of each new year, the tree board needs to develop a specific calendar of tasks to be done. This is the "do list," complete with who is responsible and when the jobs will be done. Except for routinely scheduled events such as board meetings, the annual work plan should be a reflec- tion of the long range plan. What is included will eventually lead to accomplishing the long range plan and creating the forest described in the vision statement. But, of course, the list will be tempered by reality. It can only include what funds and labor can accomplish, although it can also be the basis for requesting the funds necessary to do the job. • Municipalities have various ways for recording the annual work plan, but it could be a simple list such as this: Completion Activi1y Date Responsible cost Select species & submit bids 1/15 Lujan $3,115 to plant 1/10 of vacant sites Chapman with 1 1/2" caliper trees Contact Rotary about 1/31 Lujan NA volunteers for planting Inspect street trees in sw 2/14 Jones NA quarter & Frontier Park for Adams hazards Picado Another helpful way to structure the annual plan is to list activities following the four categories used in the Tree City USA Growth Award application: Category A: Education and Public Relations Examples: Youth eduction projects, publication of a new brochure, special events such as Arbor Day. Category B: Partnerships Examples: Applications for external funding, agreements with utilities, purchases in cooperation with another city. Category C: Planning and Management Examples: Updating the management plan and/or inven- tory, developing a wildlife area, initiating arborist licensing. Category D: Tree Planting and Maintenance Examples: Planting, pruning (both routine and to reduce hazards and obstructions), removals, recycling leaves. STEP 5: Making Sure It EVALUATION Got Done — Or Will Get Done At the end of the year, a meeting should be devoted to an accomplishment review. A good annual work plan makes evaluation easy. It is largely a matter of reviewing the year's list of activities and accounting for what got done and what did not. The review should include statistics such as: ✓ Numbers of trees planted, by species ✓ Percent survival of all planted trees ✓ Numbers of trees pruned or removed, by size ✓ Expenditures and volunteer hours contributed ✓ Citizen requests received and serviced ✓ Educational events held The evaluation will not only help justify expenditures and next year's requests, it is a way to update the inventory and track progress toward the vision statement. It also can serve as the basis for a Tree City USA Growth Award (Bulletin No. 18). Moreover, it makes sure that if any important component of the plan did not get done, that it will again be listed in the next planning cycle. TREE CITY USA t1UUKI N No. 29 • The National Artwr Day Foundation • 3 Special Plans The Public Relations Plan Community forestry programs often lack public recognition and appreciation. A public relations plan can help overcome this problem and gain the public support that is prerequisite to success. Several kinds of plans are helpful: 1. Annual Plan Similar to the annual work plan, all activities are listed that publicize various aspects of the program, provide education about tree care, and schedule special events. 2. Training Good public relations does not happen by accident. Anyone who meets the public or works with street or park trees needs annual training similar to industry's customer service train- ing. Films and speakers should be included in the training plan. 3. Special Events Arbor Day, Arbor Week, and similar events must be thought out in detail. Guides to successful planning are available from The National Arbor Day Foundation and some state foresters' offices (See examples below). Plans for Parks, Natural Areas, Developments Master plans and annual work plans are also needed for areas that require special attention. This may be a park of any size, the natural woods in a community, or areas slated for development. These plans often require the services of professionals, but they may be as short and concise as this one in a small midwest city: Cardinal Park Cardinal Park is in conjunction with the school system and has been developed predominately for softball recreation. This is a fairly young park. Very few trees are over nine inches in diameter (6, 3.9%). There is very little diversity with basically only three species making a significant contribution (98.7%). For a young tree resource, there is a terribly high number of trees in the fair to poor categories (108 trees, 67.6%r,). Most of Tips for Ensuring Public Acceptance ✓ Involve representatives from interested groups in the planning process whenever possible. ✓ Always keep municipal administrators and elected officials fully informed — in advance of public notification! ✓ Through media announcements, invite the public to meetings when plans are being developed or reviewed. ✓ Publish a summary of your annual work plan in the local newspaper, along with a short article about why the work is important. ✓ At least two weeks in advance, contact affected property owners either by mail or door hanger. Use this means to suggest making alternative parking arrangements, being prepared for noise and possible dust, and to generally prevent surprises and confrontations. ✓ Always clean up completely, leaving only better trees when you leave. ✓ Thank people for their patience, volunteer work, and contributions. Public recognition is even better. this is due to poor branch angles and pruning in addition to multiple lawnmower) weed whip wounds at the tree bases. This needs to be addresses) immediately and stopped. As trees die or are replaced, different tree species other than silver maple or green ash should be planted. Wood mulch around new trees will reduce the risk of mower damage. From: Community Tree Resource Assessment for the Town of South Sioux City. Nebraska Forest Service. Emergency Plans A plan should be on file to help manage emergencies such as ice or wind storms. The essential elements include: ✓ Phone numbers of all who should be contacted (utilities, tree care companies under contract, local media, etc.). ✓ Agreements with surrounding communities for mutual aid, and with contractors for cleanup services. ✓ Home owner tips and warnings for immediate distribution to the public, people staffing the phones, and reporters from the mass media. ✓ Pertinent policies about what to say and not say regarding deaths or injuries, and other instructions that are easier to formulate in advance than during the pressures of an emergency. (Bulletin No. 2) 4 • TREE CITY USA IIITLEnN No. 29 • The National ArMir Day Foundation Planning and Plans Vary Videly \�Q�KS ouS�No PN LN AStgIL .. o .n Both the process of planning and the resulting document (the plan) will vary depending on the size and resources of ti the community. Many small communities have no forestry plan and will benefit from following the procedure outlined in this Bulletin. Others have specific state or local procedures to follow. Still others need the services of professionals to conduct studies and customize a plan to local circumstances. The purpose of plans varies, also. A community with no forestry program should begin with a comprehensive plan to SANTA CRUZ Coutm URBAN FORESTRY CIT r .. T REE RE pORT C,ry Of Anthony consider all needs of the forest. Cities with well -established programs may need to emphasize specific areas of the program such as trees for a new park, the need for shortened pruning cycles, neglected natural areas, or some outlying area that is to be developed. Planning and reporting is required by state foresters for financial assistance and also to qualify for a Tree City USA award. The urban and community forestry coordinator in your state can provide details. Acknowledgments Special thanks is extended to the states of California, Florida, Kansas, Maine, Nebraska, North Dakota, and Oregon for sharing their planning materials for use in preparing this issue. Thanks, too, to Gene Grey who origi- nally presented much of this information at The National Arbor Day Foundation's Urban Forestry School, and to Gary Mason of Wolfe Mason Associates for samples of a wide range of community forestry plans. TRUE CITY I ISA 111 1TEI IN No. 21) • The Nalional Arlxir Day Foulldalioll • 5 �IUVi Lay i 1Vl.1a11iaLivn • uuP.n www.aa Vyluay.vigiaiuvivapi 1\VI L111Y1C111V1V.1111v1L Whereas, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2000 is the 128th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, 1, , Mayor of the City Therefore, of , do hereby proclaim as the 128th anniversary celebration of Arbor Day in the City of , and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Dated this Mayor day of 1 of 1 5/30/00 9:44 AM • As a TREE CITY USA, your community will receive... ) Bill FRIEND 0:0 - r • "I�' TREE CITY USA t" �07daw,p Tee C: j iiv i flag entrances ...along with the joy of stewardship and the gratitude of future generations The National Arbor Day Foundation, in cooperation with the U.S. Forest Ser- vice and the National Association of State Foresters, recognizes towns and cities across America that meet the standards of the TREE CITY USA program. At least half of the trees in a typical city are on public property... along streets, in parks, and around public The TREE CITY USA application must be completed by an appropriate city official (mayor, city forester, chair- man of the tree board, etc.). Mail the completed application to your state forester along with all re- quested supporting material no later buildings. The TREE CITY USA pro- gram is designed to recognize those communities that effectively manage their public tree resources, and to en- courage the implementation of commu- nity tree management based on four TREE CITY USA standards. These four standards provide struc- ture for a community forestry program, require that program to demonstrate Application Procedures than December 31. Your state forester will evaluate your application and for- ward it to The National Arbor Day Foundation. You will be advised before February 15 whether your community qualifies for TREE CITY USA recognition. TREE CM [ ISA Stanthtr& STANDARD 1: A Tree Board or Department A tree board is a group of concerned citizens, usually volunteer, charged by ordinance to develop and administer a comprehensive community tree management program for the care of trees on public property. Tree boards usually function with the aid of professional foresters. In communities with a population of more than 10,000, city forestry departments with salaried employees are often feasible. These departments may or may not be supported by advisory boards or administrative commissions. STANDARD 2: A Community Tree Ordinance The community tree ordinance needs to designate the tree board or department and give them the responsibility for writing and implementing the annual community forestry work plan. The ordinance should determine public tree care policies for planting, maintenance, and removals. Ideally, the city tree ordinance will make provisions for establishing and updating a list of recommended street tree species to be planted with spacing and location requirements. A sample tree ordinance may be obtained by writing The National Arbor Day Foundation. STANDARD 3: A Community Forestry Program with an Annual Budget of at least $2 per capita* Many communities begin their program by taking an inventory of the trees growing on public property. The species, location, and walnut-mourted plaque success based on the judgement of the state forester's office, and provide for an awareness and appreciation of trees among the residents of the community. TREE CITY USA recognition can make a strong contribution to your com- munity's pride, and it will put you in touch with other communities and re- sources which can help you improve your program. Because your TREE CITY USA appli- cation must be certified by your state forester you are encouraged to contact your state forester's office early in the application process for technical advice and assistance in meeting the standards of a good community forestry program. condition of each tree are noted (i.e. healthy, needs pruning, should be removed, etc.) and the inventory data is summarized in a written report for presentation and approval by the city council. The report should be an objective analysis of the present state of the urban forest with recommendations for future management. The essential, ongoing activity for the care of trees along streets, in parks, and in other public places is the community forestry program. The annual work plan should address planting, watering and fertilizing, dead and hazardous tree removal, safety and fine pruning, and insect and disease control. To be named as a TREE CITY USA, a town or city must annually spend at least $2 per capita for its annual community forestry program. Consider all funds spent for tree care — budget for street tree department or board, park department's tree expenditures, dead tree removal, etc. *Note: $1 per capita will be accepted through 1990. STANDARD 4: An Arbor Day Observance and Proclamation An Arbor Day observance can be simple and brief or an all -day or all -week observance. A proclamation issued by the mayor must accompany the observance and declare the observance of Arbor Day in your community. You can obtain a free "Celebrate Arbor Day!" packet by writing The National Arbor Day Foundation. Along with ideas for celebrating the holiday, the packet contains a sample proclamation. As TREE CITY USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is made in recognition of work completed by the city during the calendar year. Please provide information for the year ending. (Some states require information in addition to that requested on this application. Check with your state forester.) (Title — Mayor or other city official) of the city of I herewith make application for this community to be officially recognized and designated as a TREE CITY USA for , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List date of establishment of board, board members, and meeting dates for the past year; or name of city department anc manager. Standard 2: A Community'Iree Ordinance Date ordinance established Attach ordinance. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita* Total community forestry expenditures................................................................... Communitypopulation........................................................................................ Attach annual work plan outlining the work carried out during the past year. Attach annual budget. *Note: $1 per capita will be accepted through 1990 Standard 4: An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Please type or print the following: Mayor or equivalent Name: Title: Address: City, State, Zip: Phone #: Title City Forestry Contact Name: Title: Address: City, State, Zip: Phone #: Date NOTE: Ifyour community forestry work involves some new ideas or special projects please send photos, news stories, brochures, orotherdocmnentation for possible inclusion in National Arbor Day Foundation publications. (Such additional material is not necessary for your community to be designated as a Tree City USA. ) Certification (To Be Completed by the State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a TREE CITY USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed , State Forester Date Person in State Forester's Office who should receive recognition material: Name: Address: Title: Agency: City, State, Zip: Phone #: As TREE C[1'S' USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is made in recognition of work completed by the city during the calendar year. Please provide information for the year ending. (Some states require information in addition to that requested on this application. Check with your state forester.) (Title — Mayor or other city official) of the city of I herewith make application for this community to be officially recognized and designated as a TREE CITY USA for , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1: A Tree Board or Department List date of establishment of board, board members, and meeting dates for the past year; or name of city department ant manager. Standard 2: A Community'lWe Ordinance Date ordinance established Attach ordinance. Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita* Total community forestry expenditures..................................................................... Community population.......................................................................................... Attach annual work plan outlining the work carried out during the past year. Attach annual budget. *Note: $1 per capita will be accepted through 1990 Standard 4: An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Please type or print the following: Mayor or equivalent Name: Title: — Address: City, State, Zip: Phone #: Title City Forestry Contact Name: Title: Address: City, State, Zip: Phone #: Date NOTE: Ifyour community forestry work involves some new ideas or special projects please send photos, news stories, brochures, orotherdocumenration for possible inclusion in National Arbor Day Foundation publications. (Such additional material is not necessary lbryour community to be designated as a Tree City USA.) Certification (To Be Completed by the State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a TREE CITY USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Person in State Forester's Office who should receive recognition material: Name: _ Title: — Agency: Address: City, State, Zip: Phone #: Date c lg;t� Lt� �1'106181 a o Z4 ZI a a --i x > � O C 7 O C•1 � ^ � 7 � � O � � S 'II 7 Z C� CT n w n Cn CO n w to � � E w 7 C n ^ � n O h n c^ n H n�n''- n _ n t Cn n n ,.. O w .� n O 3 v _ o o _ n n � n ro a C n a 3 0 o Q n o O O ,., w _ •� n � n� w y� I `� w w cl O C c w °' N C w _. o C rCi C n .-. o lo n ra — F C E J7D - O n G -"' C Op w G p•, 7 n n O.. O = C1 C 7 n o O G Q p�'- ti Y n r° n n X E w S n 7 w , = O n fo CL n � O' � T. ov � - 7 O = = w O n < C FIN A ft • • To: City Council From: Bill Veacca) RE: Police Chief retiring Date: July 7, 2000 EXHIBIT 3 - %/ 18 AGENDA As you are aware, Chief Farrenkopf plans to retire on August 31, 2000. The attached documentation includes his official letter announcing this and a letter making his recommendation for his replacement. In the past, such recommendations have been seriously considered by the City Council. In fact, our personnel policy encourages promotion from within. When Chief Farrenkopf replaced Chief Mobley it was with the Chief s recommendation. At that time, the City also advertised the position in the Palm Beach and Okeechobee daily newspapers. I am passing this information along for your consideration as you decide how we should proceed with replacing Chief Farrenkopf. As I see it, your options include promoting a replacement from within without implementing an outside search or conducting a local, regional or national search. In the event that you choose to leave the position open while a search is conducted, I do request that you appoint an interim Chief. If you have questions or need additional information, please let me know. /#F OKEEC O h 1 / O . � ; .r%%. -z City.,of Okeechobee �oA, Police Department July 3, 2000 Chief Rehmund "Buck" Farrenkopf 55 SE P Ave. Okeechobee Fl. 34974 To: City Council Members and City Administrator 55 SE 3rd Ave. Okeechobee F134974 Dear Mayor Kirk, City Council and City Administrator Veach; I would like to say thank you very much for the confidence you have shown in me during my career with the Okeechobee Police Department. The Okeechobee City Police Department has been a big part of my life. I made the decision after much consideration, that it is time for me to move on. So it is with a mixture of regret and joy that I am submitting my retirement notice effective August 31, 2000. Sincerely, Chief Rehmund "Buck" Farre f 55 S.E. Third Avenue 9 Okeechobee, Florida 34974-2932 0 813-763-5521 9 Fax: 813-763-7804 facsimile TRANSMITTAL to: The Palm Beach Post, Classified Ad Department ATTENTION: VALERIE fax #: 561)820-4340 re: Classified ad for position open - Chiefof Police. date: August 6, 1997 pages: 2, including this sheet. Please publish the following advertisement as a Classified Ad on Sunday. August 10, 1997. Proof of Publication is requested. Attached herewith please also Find our purchase requisition #9290, our accout number is 9-439286: IMMEDIATE OPENING CITY OF OKEECHOBEE CHIEF OF POLICE. The City of Okeechobee is now accepting applications for a highly responsible person capable of an administrative and supervisory position directing all employees, functions and operations of the police department. REQUIRED KNOWLEDGE: police administration and law enforcement principles, practices, methods and equipment; departmental policies, procedures, rules and regulations; laws, ordinances, applicable court decisions and legal processes; resources available for providing emergency assistance; the organization and functions of city, county, state and federal law enforcement and regulatory agencies; police record maintenance and reporting requirements; budgeting and fiscal control techniques and practices. Ability to communicate effectively orally and in writing. MINIMUM QUALIFICATIONS: eight years service in law enforcement, which included considerable experience at or above the level of sergeant or progressively responsible experience in a variety of police functions including supervisory administrative duties; or equivalent combination of work experience and training. SPECIAL REQUIREMENTS: valid Florida driver's license and possess a Police Officer Certification by Florida Department of Law Enforcement Standards and Training. Salary range $35-40K. Applications can be obtained at the City Hall, City Clerk's Office, 55 S.E. 3rd Avenue, Okeechobee, FL 34974 or by calling 941)763-3372. Resume's must accompany application. All Applications must be returned no later than Wednesday, August 20, 1997 at 4:00 p.m. Successful candidates are required to pass a pre -employment substance screening/physical. Drug Free Workplace. EEO/AAP. Bonnie S. Thomas, City Clerk/Personnel Administrator. From the desk of... City Clerk's Office Bonnie S. Thomas L 55 S.E. 3rd Avenue Okeechobee, FL 34974 9411763-3372 Fax: 941/763-1686 402 AUGUST 5, 1997 - REGULAR MEETING - PAGE 4 OF 9 F. NEW BUSINESS CONTINUED Police Chief Lary Mobley appeared before the Council, stating he would like to thank 4. Address to City Council by Police Chief regarding the past and present Council, for allowing him to work for the City for the past twenty-five retirement - Police Chief (Exhibit 4). years. He then announced he will be retiring effective September 26, 1997. He further stated he has discussed this with Mayor Kirk and it has been a hard decision. However, he has finally decided it was time to step down and let someone else have a turn. He enjoyed his job and wanted all to understand there is nothing wrong here, it was just time to leave. Mayor Kirk, Council Member Watford and Attorney Cook each extended an appreciation for Chief Mobley's years of dedicated service to the City. All Council Members commented that if anything could be done to make him stay they would consider doing it because none wanted him to leave but understood and respected his decision. Chief Mobley then stated he had a recommendation for his replacement and that he had been grooming him for the past twelve years to one day take over. He has twenty years in the department and has been involved in all areas of running the department. Council Member Oliver stated his suggestion would be to uphold Chief Mobley's recommendation for the position and promote within the ranks of the Police Department. Following a one] discussion, th-e Council, with the exception of Council Member Oliver agreed to advertise the position in the local paper and one major paper; take applications for two weeks to be accepted by a certain date, not postmarked; Chiefs present salary and five thousand less as a range, do not make it a national search; just applications, no questions; and instructed the City Clerk's Office to carry this out. The committee to • review the applications for a short list will be Chief Mobley, Administrator Bradshaw and Mayor Kirk. 5. Hear from Finance Coordinator regarding bid Finance Coordinator Parker addressed the Council by explaining the bid opening for the calculations for accounting software/hardware - Lola accounting software and hardware was held last Friday afternoon. She then distributed Parker copies of the calculations to the Council. Four bids were received as follows: 1. IMS of Ormond Beach $14,790. 2. ICS of Okeechobee $3,021 (original specs for hardware only) $3,620 (recommended hardware only) a bid for software was not submitted. 3. CPS Systems, Inc. of Dallas, Texas $17,035. and 4. American Data Group of Ft. Myers $43,350.00. u J CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Deparment: by _^ o MEETING: REGULAR U� SPECIAL ❑ WORKSHOP ❑ ExHI m 4 - 7 / 18 AGENDA DATE: 7-/,F- QV PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. -h a N *u 4PY' rr) v � /94 U4 L 5 / N5 /qL- / A/ G e.,— -� n-e r �- t S i �-- �? �i.v_� -e r � Td� 5 lcJo �.1 r5-t_�- fi � / a!- ! n rh � I� !� ti �. 12 i9-*� �-7'- in . 02 9 U �I PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. A (A -A c�.S LearkSko,o gAlj 5.e,* Sco�crn he.►-- � ;�-ooeJ ��- o r h.e A r 1 n1a Zt Af 1 / 9. -1 0 n e.) �'o ►- F"a.5 1-- n r r AICA- SA Ph -p' '�r rn e- o �- 4 A%, {{ • ' So rn r0-c_ //V Grp rise_ /A) ` .,C- roll �A-cal- r ro p - �i 7`,¢iX . PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. 7A. e 5.e _ d S 0 r -)- / N 41 rn e C r r4 M r° , 0 11 -J-h -e__ / { ! i 7 .7 e r r'n a lv +- S )9- NCI 9 t. I r e S e A,14 )L / rn � CIO r. /Av f{ Y---�'e%fr e,_ fir -4- h � 1 �- 4 ► - � r, It o r! / )Re ,q rJ- r, ►- Gn c.<. Ai ��. IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? • CITY OF OKEECHOBEE MEMORANDUM To: Mayor and Council Members From: Julie A. Smith Date: July 13, 2000 Re: City Hall Park Ground Breaking Ceremony Please be reminded there is a ground breaking ceremony scheduled for July 18th at 5:30 p.m. for City Hall Park. The press and public have been invited to attend. u • CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: July 13, 2000 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT ADMINISTRATION ; SYNOPSIS 1. City Hall Park - Construction has begun. Fill dirt donated by the County is being hauled in by the City Public Works Department. A groundbreaking ceremony has been scheduled for July 18th at 5:30 p.m. at the park location. 2. Industrial Park/Sheffield Environmental - We are coordinating discussions and exploring potential development of the City's industrial park in conjunction with the Sheffield Environmental Group's proposal. An interlocal agreement with the County, which would permit Sheffield to pursue IRB's is under review by the City Attorney. Consultants are surveying potential wetland areas within the industrial park for examination by SFWMD and the Army Corps of Engineers. Additionally, the CDBG Economic Development Grant preparation is underway. 3. OUA/ City Workshop - The workshop will be held September 12t" at 7 p.m. in t he OUA offices. 4. Budget - Worksheets have been prepared and each department head is working on the 2000-01 budget. 1 • • DEPARTMENT ADMINISTRATION CONTINUED CITY CLERK LAND PLANNING AGENCY SYNOPSIS 5. Change in trash collection billing - We are exploring the possibility of putting City residents and business trash collection billing on the tax bills. 6. Eckerd Youth Foundation - Eckerd Youth Foundation is assisting the City by doing the following: • Keeping the City clean (ie..picking up trash, sweeping sidewalks) • Trimming and replacing plants in the downtown area as well as adding mulch when needed. 7. Police Station - The City Administrator and the Police Chief are working with CAS to put together an RFP for the new Police Station. Options will include size, roof, and totally new construction vs remodeling the existing building. 1. Dispatcher Position - The City is interviewing for a Dispatcher in the Police Department. 2. Code Enforcement Board - The City is now advertising for an alternate member for the Code Enforcement Board. If you know of anyone who would be interested, please have them contact the City Clerk's Office. The Land Planning Agency met June 27, 2000. The Board considered the following: • Comprehensive Plan Map Amendment Application for property located at NW 5th Street and NW 3rd Avenue and legally described as Lots 7,8,9,& 10 Block 92, City of Okeechobee. The Board recommended that the Comp. Plan Map be amended. The recommendation will go before City Council for final approval. 2 • DEPARTMENT FIRE BOARD OF ADJUSTMENT PUBLIC WORKS SYNOPSIS 1. Statewide Burn Ban - The statewide burn ban has been lifted. 2. Controlled Burns - Preparations are underway for the controlled burns of the houses on the 200 block of SE 3rd Street. The Board of Adjustment met on June 27, 2000. The Board passed the following: A Special Exception for lots 1, 2, 3, and adjacent alley in Block 6, Royal Oaks Addition. The owners are now able to submit plans for a car wash 1. Side mower -- Purchase of a new side mower and tractor are in progress. Delivery is expected within the next few months. 2. Street Improvements -- An RFP for paving and drainage is being prepared. It is anticipated the RFP will be completed by July 71h and bids will be received until August Is'. 3. Maintenance Operator Positions- One position has been filled, one is still pending. K • DEPARTMENT SYNOPSIS CODE 1. Red Rooster Restaurant - The owner of the Red Rooster ENFORCEMENT Restaurant, Vera Sweet, and representatives of LP Sanitation met and resolved the dumpster issue. 2. Code enforcement is in the process of bringing everyone into compliance with the garbage pickup ordinance. Sixty-eight letters have been mailed to businesses regarding the absence of dumpsters at their establishment. Additionally, everyone with a code violation along Rt. 70 East has been sent a notice. POLICE 1. The City is currently interviewing for the open dispatcher at the Police Department. 2. The Police Department is requesting the DOT paint lines distinguishing the second turn lane at Wal-Mart. OUTSTANDING 1. Updating and modernization of City Ordinances (Code Book ISSUES -CITY and LDR's • Telecommunications • Departments and ATTORNEY Offices • Planning and Development • Streets and Sidewalks • Subdivision Regulations • Water and Sewer Regulations) 2. Adelphia Cable TV Franchise Agreement Renewal. - A proposed franchise agreement is under review by the City Attorney. 3. Sprint Telephone Franchise Agreement Renewal - The City Attorney recommends obtaining the legal services of someone specializing in this complex area of law. A proposed agreement has been requested from Sprint. rd C� • DEPARTMENT SYNOPSIS OUTSTANDING 4. Referendum for Tax Abatement for Economic Development ISSUES - For November ballot. CONTIUED-CITY ATTORNEY 5. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - A meeting with the City Administrator, Attorney Cook and Jeff Sabin is planned. 6. Fire Hydrant Issue with the OUA - A meeting has been scheduled for September 12th at 7 p.m. at the OUA office. 7. Notice of intent to sue. (Pam Miller case) 8. Grit Bankruptcy case - Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. The issue of Bettye Taylor's workman's comp case may need to be referred to an attorney who specializes in workman's comp. 9. Marvin Brantley - An appeal brief has been prepared for the City on the Brantley appeal. The Appellate Panel should give us a decision in 30-60 days. OUTSTANDING 1. Re -structure salary schedule (City Clerk, Department ISSUES Heads, City Administrator) - Review of job descriptions with Department Heads is complete. Proposals will accompany this year's budget workshop. 2. Updating required insurance programs, ie: safety, blood born pathogens, drug -free workplace (Chief Tomey & Safety Committee) - Implementation of drug -free workplace & safety policies is currently underway. Training of department heads and most of the City Staff has been completed. 5 9 PARTMENT OUTSTANDING ISSUES CONTINUED 'Z4! r S +r SYNOPSIS 4. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook) 5. Enhanced 911 (City and County Staff} Long -Term: 1. Apply for CDBG Grant for continuation of Downtown Proj ect. 2. Address traffic congestion problems due to hurricane evacuations. - The City has been asked to participate in the planning of the widening of SR 70 in Okeechobee. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property - This is being addressed in conjunction with the Sheffield proposal. 0