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[Music] Ladies and gentlemen, the municipal code enforcement board is charged with conducting hearings to determine whether an alleged violation of the city code has occurred. Decisions made by this
quas judicial board will be based on the evidence and facts presented tonight. Our meetings are conducted in accordance with Robert's rules of order, and each case will begin with the city presenting its evidence of the alleged violation. The respondent will then present his or her case. Both parties have an opportunity to cross-examine all
witnesses. The board members may question any witness. Comments by both parties must be relevant to the case. Persons wishing to speak will be given an opportunity to do so by the chairman and must address the board from the podium after giving their name and address. Upon request, copies of material submitted by staff are
available for review. Board members are reminded to obtain permission to speak from the chair and questions of the city should be directed to the attorney for the city. At this time, I will ask all persons to expect to give testimony tonight to stand and be sworn in by the city clerk. Raise your right hand. Do you swear or
affirm that the testimony you're about you will provide the board tonight will be the truth and the whole truth and nothing but the truth? So, tonight the cases will be out of order. Uh, and I'll read them off to you so you guys know which ones. So, case number
251376 is number one. 251379 is number two. 25 uh- 6 0640 is number three.
Then under unfinished business uh case the last one. Uh yeah. Uh 0640. That's the top the top one. Okay. And then uh number four on
unfinished business will be case number on the on the third page I guess 25-0086 at the top of the of page three. Got it. Okay. And then back on
page two, number five will be uh 25-4582. It's the second one from the top. You don't see it on [Music] it. Okay. And then um lastly after we do uh finish up the
unfinished business and the uh leans report, we will take uh case number 251487 on the first page. That's the last case that we'll we'll discuss tonight for special reasons. Okay.
[Music] You say we'll do that after the leans report. Correct. That'll be the last thing we do tonight. Well, we or we can do the leans report before I that whatever they decide. So, but it will be towards the it'll be after all the cases are taken care of.
So, all right. So, let's see. Um, there will be a threem minute time limit imposed on all comments from the public. Appropriate address when appearing before the board is appreciated. Cell phones must be turned off during the meeting. Okay.
So, at this time, I would like to ask the board members if they have had any exparte communications regarding any matters coming before the code enforcement board tonight. I have not. I have none. I have not. I do. Uh, and I'm going to have to recuse myself from case
25-1487. Okay. I've had none. I've had none. All right. Thank you. So, in that case, if it comes to a Am I we will there will we'll do an election
for chair pro. Okay. Okay. Minutes of the April 9th. Yeah. The April 9th April 9th 2025 meeting have been sent out. Uh have all board members received the minutes
for that meeting? Okay. If the minutes are acceptable, uh, I would entertain a motion to approve the minutes. Motion to approve. Second. Second. Second. We have a Okay, we have a motion in a second. And so now vote call to a vote.
Uh, so all all in favor say I. I. Opposed? No. Motion passes. All right. So, we're ready to move on to our first case, which is case number 25-1376. Case
number 251376, City versus Kareem Audi. No, I'm sorry if I pronounced that wrong. For the property located at 11407 Jialter Place. This case is before the board based on an alleged violation of section 12-771 tree trimming invasive
trees. The case will be prosecuted this evening by code compliance officer Lorie Smith. The city has evidence that the notice of violation and notice of hearing were properly served. Good evening, Mr. Vice Chairman, board members Lorie Smith, code compliance. This case originated March the 28th,
2025 when Temple Terrace City Arborist Joe Ferris was contacted by a citizen lodging a complaint. Tom Baron, Joe Ferris, and I went to the site that same day to investigate the violation. My inspection revealed several oak tree roots had been improperly trimmed.
During our observation, the homeowner returned and spoke with Mr. The homeowner returned and spoke with us. Mr. Abu Dhabi stated he was just trying to beautify the area around the trees with the pavers and wasn't aware of any violation.
Director Baron explained in detail the irreparable, irreversible violation and the mandatory MCEB meeting. I prepared the notice letter on Monday, March the 31st, 2025. No one was at home, so I posted the notice letter at the front door and requested copies be sent
certified and first class mail to the owner of record. I also requested a copy be posted on on the electronic board for the 10-day requirement. At this time, I would like to miss submit photographic evidence taken by Joe Ferris and I on March the 28th, 2025. Please submit.
Thank you, sir. Thanks, M. Exhibit number one shows a notice letter posted at the front door. Exhibit number two shows a live oak tree on the city rights of way. Exhibit number three shows the live oak tree damaged roots on
the city rights of way. Exhibit number four and number five are an oak tree that is damaged by the with the root system on the north side of private property. Number six shows an oak tree damaged root system southside on private property. As of today's date, the site
remains out of compliance and I am seeking a ruling. Okay. So, it's just the roots that were Yes, sir. It's the roots that were uh were damaged. Question and this might be for uh Joe,
but uh what does that do to the tree? I'll let Mr. Ferris if you don't mind. Mr. Huber come up and let's Does anybody else have any questions for for work? I was going to ask Mr. Ferris the same thing. So, okay. The Indian Joe Ferris City Iris. So, oh yeah. And add to it,
what does it do and is it already happening? Um, I haven't been out there since to see the condition of the trees. So, when we were called out there, the two trees that she spoke of, the laurel oak that's in the front yard and then the live oak in the medium and the rightway, both
were cut 360 degrees around the trunk of the tree. So, there were improper cuts and too many roots being cut. They were using a K9 saw, which is or K12 saw, I'm sorry, what the fire department apparently uses to cut through roofs of
buildings. Cutting the roots, as I said, 360° around greater than 3 in in diameter, which is hard to tell on some of those photos. It was tried hard to get the right angle of that. But what this ultimately will cause is health issues with the tree and structural
integrity of the tree. Um, it's in my opinion that both the laurel and the live should be removed and replanted to mitigate those two trees. Um, it may take some time to see the effects of it, but it will have an impact on the health of the tree. Generally, you don't want
to cut more than a third of the canopy at one any one given time of the root system and certainly not as close to the root flare as what these these were cut. But Mr. Uh sometimes these these roots there's more roots underground, right?
Yeah, there are more roots underground, but again, you do not want to cut completely 360° around the entire tree. And that's what these two trees were done. Might tibble over something. Again, it's it it could have an impact on the structural integrity of the tree
as we're going into hurricane season and then the health of the tree. It's going to stress out the tree big time to cut that many roots, but we have not seen the stress yet. Not as of yet. Thank you. May I Oh. Oh, sure. Go ahead. So, just just so I understand correctly,
we're we're talking a little bit more longterm than a few weeks. We're we're looking at going into next hurricane season a potential problem with that tree. Um it's essentially excessive root pruning. I mean, there you It's not to say that you can't cut roots on trees,
but this is become excessive. That's an excessive cutting. When you cut all the way around everything at that surface, you've now cut off major roots. Those a lot of those upper roots are feeder roots, not necessarily the structural support ones, but they will have an
impact or could on the structural integrity of the tree at the same time. It's just it's excessive amount of pruning. It's really to me it's not much different than when the cases we had previously a couple months ago where you top the entire tree. Now you're cutting basic of the root. So you're doing sort
of a topping underground of our root system as opposed to taking everything off the top of the canopy. Thank you for clarifying. And how old do these trees? Um estimate estimate uh that Laurel I don't know. I don't
know when the home was built if it was in the 80s. How many inches the uh um I don't have that information in front of me. Um, I believe the laurel was close to 24 inches. The live was less than 20. Um, the live oak was also our city
rightway and I believe the homeowner should be responsible for removing that. I don't believe the city should be responsible for taking that out of the rightway. He damaged one of our trees in the rightway by cutting roots completely around that tree. Any normal case where you have a rotting tree that's dying in
canyon and is in the rightway, the city will remove it. But in this case, the damage done was not by natural decline. And I don't believe the city should be responsible for removing that. That should be on the homeowner to remove that and replant. So, how many trees are
total? Two of them. They had started a third one, but there were only a couple roots cut and I don't believe that'll be enough to impact the tree is by they were had started on that when I first got there and I had them stop what they were doing. And when you say replant, that means you you need to remove the
the existing trees and then plant something something else. Yeah. In its place. Uh uh shade trees. And has the have the has the owner uh I know this is irreversible and irreconcilable damage. Have they tried to work with you as far
as I haven't heard anything from the owner since we first all three of us met out there that that same day. Do we know why what the purpose was for them cutting these streets? I think the homeowner's here and probably will
explain his reasoning for doing that. Before you leave, uh, is there any evidence that the tree that's on the city property was damaging anything for the personal property, sewer lines, pipelines, whatever? Okay. The other
tree was, as far as I know, was not damaging anything either. Okay. Are they close to any sidewalk? I I did not know. Close to a sidewalk, close to driveway. But I think you'll hear when the owner is up here, that was not the reason for removing those roots. And even if that
were part of the case, and that happens when you have sidewalks or driveways, you wouldn't do 360 of root cutting for something. In this particular case, if you're looking at the front of house, those images you had, the Laurel Oak is on your left side, which you have the driveway on the left there. You would only cut what's along that driveway. You
would not do 360 around the whole tree to fix an issue that might be raising concrete or might not be. Same with out in the rightway. You wouldn't do 360 around the entire tree if it's lifting just the sidewalk. So to bring this into compliance, the
the city is recommending possibly a a fine for the irreconcilable reversible and and uh they would have to replant some some trees perhaps too. Yeah. And replant two new um canopy trees or shade trees.
That's your that would be the city's recommendation. Yes. So that's what we need to decide tonight basically is. So is it it it's uh so what's the inches you're recommending for them to plant? Uh just 15 gallon trees and it's just a one for one because we're talking about
residential property. I can't use that DBH. It would be impossible to plant that many trees that would be required for that. So residential, we just do a one forone replacement. You jeopardize one tree, you'll replant one tree. Okay. Fair enough. Okay. And the cost, the
biggest cost will be is just the removal of this these three more than likely. Yes. How deep they are and Mhm. Any other questions for the arborist? Okay. City. Okay. All right. So I guess
we have someone in All right. Great. State state your name and address please. Kim Aadi 11407 Gabbrter please. Okay. Um well all I'm trying to do is you know to make the tree looks better and the community looks better. I hired
someone to put a bricks around the trees and fill up with dirt and put nice plants for the for the uh trees and the community. I wasn't trying to do anything, you know, harm trees or anything like that. Um, I guess, you know,
it's it's a mistake. It's honest mistake. You know, I was meant to do that, I guess. And I hired someone. I thought he knows what he's doing, but apparently he doesn't. So, so any any questions for Did you hire an arborist to do or is this just the the
guy who did the paper work? That's the guy who did the paperwork. So, you didn't hire an arborist or a tree guy at all? I thought he's going to do some pavers and fill up with dirt and put some nice plants inside. You know, that was that was the plan. Okay. All
right. But you understand the city's contention that the trees are probably going to die now because of the I mean I mean it looks fine to me. I mean I'm there. I mean it looks healthy. Um, like I said, I mean, it's plenty of roots around it. And he was trying to cut some
of the roots and put the bricks around it. Um, and fill up the because it was the roots was all the way out and he was trying to cover the roots with dirt. Okay. So, anyone else have any questions
that they would like to that I can't I can't think of. Well, I I don't want to speak for the arborist on this, but I think our concern is not today, but five years, 10 years from now, those pavers are or more, less than, more than
whoever, whoever knows, those pavers are going to move. The trees not going to be healthy and we get one good storm and it doesn't have to be a hurricane. Could be afternoon and April and the tree could go over. I think that's what the concern
is. I mean I would be responsible there but now I'm telling you it's a lot of roots and it looks healthy and I make sure it's healthy and I was googling it to see if make this the tree healthier. Um I mean not none of the uh branches
falling. I mean like I said there's a lot of roots around it. So we're trying to manage around it and put the bricks around the tree you know to make look the uh the trees and the community looks better. So when how long have these trees been cut? How long has it been? A
month, a couple of weeks. When did March March 28th? So 6 weeks. Um that's not very long. Okay question. Did you seek a second opinion for another arborist or do you have experience as an arborist? I do not have an experience sir. I do not. Like I
said, all my attention to make the beauty of the community, the trees and because it was a lot of roots all over the I'm trying to put the grass in the top of it. That was my attention. But you would agree then that your assessment of the trees health from cutting the roots probably not as
educated as the city arborist, right? Exactly. I understand. But it was it's a lot of roots. If you go now and see, it's a lot of roots all over the place. I and then as as today I mean I make sure I water the the trees and they looks fine. No branches, no no no leaves
falling, nothing. And this might be a question for the arborist. Uh actually I guess it it is. Is there anything that can be done to mitigate this and triage? Yeah, like kind of patch it up, keep the
tree healthy. Yeah, you've cut all the roots. You've cut all the roots again 360° around the tree. that's going to stress out that tree. It may not show that stress six weeks later, five weeks later, but it will, particularly laurelopes. They're the least likely that tolerate root pruning, compaction
of roots. Um, look at the golf course. When we get the droughts like we do, first trees that die off on the golf course are the laurel oaks. They're the first to stress out. So, the tree nearest the driveway was the laurel oak. Again, it may not show up 6 weeks later, but in time it's going to have an impact
on those trees and also that structural integrity. You got the your tree by the out in the roadway or the rightway. The right storm comes by and takes that out. Someone's car could be parked across the street and take that right the car out. You know, you know, you've created an issue where that could damage someone
else's property. The one up close to his house could end up falling on his if it the right wind goes the right direction. Uh I I wanted to ask you like is there any possibility for the next like couple of months to monitor it? That's why I
wanted you to see it to really assess it really good. You said you haven't you only seen the roots. Sometimes roots are thousands of them. Is there any possible and there are thousands of them and there's right way to prune trees for roots in a wrong way and this as I
trying to express is the wrong way to prune roots regardless period you do not do 360 within a foot from the flare of the tree that will have impact I don't have a crystal ball to say when it'll impact it but it will impact the tree do
we have it's going to stress those tree that do we have any case before that somebody not in root pruning with this is the first I've had that's the first yeah I've been on this three years I've seen the branches but I've never seen
roots yeah so I I do know that I know that that if you put dirt on top of roots like an oak for an oak tree you can you can damage the tree that way as well. Yeah. Yeah. Yeah. If you if you bring too much soil as he wanted to do with the the bricks around there and add
soil, you come up too close to that flare of the trunk and that will have a health impact. You cannot oak trees do not tolerate changing the grade of the soil around them. How tall will do that? How tall are the trees roughly?
30 ft. Yeah, maybe 25 30 feet. I mean, enough for the one in the rightway that if it goes towards the house on the opposite side, we'll hit somewhere in the driveway probably. Okay. Maybe not hit the house. Well, no. I only asked cuz I had like a 60oot one
fall a couple years ago and it fell in the neighbor's house and I felt terribly. So, it was um that's why I as of today it looks it looks healthy. I mean, I don't see any changes. I'm going to I appreciate your medical diagnosis
for our tree patient here. I'm going to presume that this is you're talking about as 12 18 month. Have you ever seen just a basic tree where the limb is cut in the wrong location instead of coming back to where it attaches cut like if this were your the tree at the knuckle
and you see all these they call them water sprouts. People call them suckers come out. That's the tree stressing. It took it off in a location that won't heal. So when it stresses, it's trying to replace what you've removed. Same thing will happen with the roots. It's the same kind of thing. You'll probably get water suckers that will start coming
up because that tree is going to stress because you've gone all the way around it. One or two roots is acceptable, but all the way around 360 is is improper root pruning. Okay. So, we're thinking about this in a more long-term picture. Yes. 6 weeks. We're thinking about this in a 24-month big picture. 36-month big
picture. Yeah. Would the city have any recommendation on how soon it should be removed? Cuz we're not in hurricane season yet, but we're coming close. Obviously, if the indication of what they're predicting is anything like last year, I wouldn't wait that long into
hurricane season to have them removed. Okay. Just out of the fact that you now are risking the compromise of the structural integrity of the tree to withstand any storms. One more. Um, I didn't get a sense of it from the pictures. Do the trees
represent a threat to anybody else's property? You mentioned a tree could fall and hit a tree. Just if it were the one across the street, but I don't believe it would hit the home. It may fall in their driveway if it were to go that way. There was another one to the right, but again, that was only a couple roots. And so, that would impact that
neighbor's home. The one that's close to his driveway would or could have impact depending on, you know, which way it would, but it would just be on his home, right? It would it would be his home. Yeah. So, could you refresh my memory on these irreconcilable irreversible uh possible fines that could be imposed?
What's is there a limit per tree that I believe in the past we've done you've done up to the 5,000 per tree? Okay. Is that But what is there a recommendation from the city about what we would if if we to make that decision? I would have
to I don't know if I necessarily have a recommendation as to how you know what we're looking for for a fine. Um but again keep in mind when you are considering your fine um it would be you know actions taken by the violator to correct the violations
the gravity of the violation and whether there's been previous violations. So keep that in mind. And the one other thing on the right ofway is if he does not remove that tree on the right ofway and the city has to remove it, you know, the city would be probably invoicing him
for having to remove a tree. Do we have a cost estimate on that? Probably anywhere between 3 to 4,000 with the removal and stump grinding. And that would be either if we were to farm that out by a third party. Yeah. Or we did inhouse. Um, it would probably simmer in
price if we did in house based on the crew and their hourly rate plus the fuel to take to the dump and the dump fee would probably be about equal wash of 3 to 4,000 for the size of that tree. All right. That's what I had to pay when I had a laurel oak big laurel oak fell on
my property. It cost I remember that one. Uh so what you're recommending for the homeowner to remove these two trees and plant just two trees instead which is the normal ones and that would be
that's that would that would satisfy satisfy you the cities that the fine is going to be however if he go and gets an arburist to re-examine it and revisit it is that possible for him to really it's possible they're going to have to pull
all the soil away from the the trunk of the tree cuz my understanding is all the soil has been pushed back up around the roots that were cut and and give him some kind of report. You would go with that or I I don't know. I'm trying to, you know, see his other avenues. But the
removal of the two trees, replanting or getting his own arburst to really um re-evaluate these trees and see what's what all this uh damage if any
damage has been done or they probably reached to the same conclusion you are. you know, there something for him to know. If they didn't place the the the way that I understood the House bill that was passed a number of years ago was if it's not a threat to
people or property, it's not going to pass. Like there he can't. So an arborist could go in there and say, "Yeah, we cut the roots out." What what what benefit to him would that be? you know, because the
tree like do doing the work that they did, it was for beautifification, not because it was at risk. What I think he's referring to is having a a second opinion by Arbus on the condition or what what potential
condition they're cutting those roots are going to pose to those trees far as the health and the structural integrity. That house bill was more about removal of trees to bypass our codes and permits and requirements. Well, my concern on
that would be is that we failed to take action and then we're liable and then now we're now the city is liable for probably wait and see what happens 12 months, 24 months from now. But if it does fail and it does do damage, where do we come
back? How do you come back and hold him liable for this if it's not if the mitigation of removing and replanting isn't done now? What do we have to obligate him at that point? Even if it's three years down the road, the tree dies
or it falls over. We know that those were cut that had something to do with that. Can I sign a document two or three years from now? That wouldn't be up to me. That doesn't apply. Um, we need wants to speak
as far as this idea of having another arborist come out and check, which is fine, but that wouldn't go to as to whether or not there was a violation. That might go toward whether or not the trees need to be removed or what that condition is, and then they would have
to talk to Mr. uh, Ferris about that. But uh keep in mind this is an irreparable irreversible violation that's been brought before you or at least the allegation of it. Um so there isn't like going to be a to come into compliance uh
you know like a time this is going to be this situation and um I think that was just it. I just was mostly concerned about this second opinion, which is fine, but it it doesn't go toward whether there's a violation if he was that should have
been done before coming here if you wanted to have an opinion saying that there was no damage to the tree. Okay. Did you Taylor, did you have another question? No, I just don't think I have a copy of the language on
irreparable irreversible. So I just wanted to copy my neighbor's notes real quick. So this this question is for Ernie. So in our in our decision to we we will you know we if we we take the staff uh word
and there there is a violation and then we give him some time to remove them and replant the other two trees. Is that what Let me think that through in my head for a second because what if you're talking
about giving him a period of time to remove the trees, that would not be a period of time to come into compliance. It would just be you would be directing him to remove the trees with they have to replant, right? And replant. Yeah, if
that's what you want to order. Um, but it that doesn't bring it into compliance. I just want you to make sure you understand that. That would be just a time to replant and mitigate the situation. This is an irreparable irreversible. There is no way to comply.
The damage has been done. There's no way to undo the damage. All we can do is try and mitigate the Right. You're fine. Well, and that's and that's my concern is that a year down the road, you think the tree is fine, it goes down. It's very
easy for an attorney to argue, "Oh, you damage the tree. Now it's the city's fault for not taking action." And that's a very common thing that happens in our legal system, unfortunately. So, isn't the city
contending that the tree was not at his liberty to cut up in the first place? Right. Can someone clarify for me that is that city of Temple Terrace property or it's it's on some Okay. Rightway was rightway is city property. The tree is
city propert live oak is city property. But does he have the as homeowners I guess he has the right to trim the tree, right? like the or no it's in limitations. Yes. Proper training. Yes.
Okay. Okay. Root pruning. Yeah. Yeah. Root root. Yeah. I was just saying like Okay. Just clarifying that. Very educational. All right. Any more? I'm I'm trying to get to, you know, where we can create a motion. Right. I got confused now
because the motion is to remove these two two trees and replant Um yeah, that's if you want to include that in your motion. Yeah, that's up to The city is recommending the fine can be
up to 5,000 per tree. Um there the city is recommending to remove the two trees and then to replant a tree one for one. Mr. Chair, may I make a motion so that we can have a more robust conversation about this? Yes,
absolutely. Um Mr. Heer, can I grab that again from you? So, unless unless there are any other questions for I have a one really quick question. Okay. If if the homeowner doesn't take down the tree that's on the right of way, would the city take action and go out and do it anyway? Like, yes. Because this alludes
to what what Brian was saying. If that tree were to fail and someone's car is parked there underneath there, someone's neighbor somebody and it damages we I don't want the city to have to be rei or responsible for those damages because we neglected to take the tree down and you
would negotiate that with the homeowner or would we need to make that as part of our motion? Yeah, I don't know that would be separate from what your decisions are are going to be but the only question I have. All right, any other questions? Okay. So, I think we're ready for a motion and Taylor, I think,
wants to. All right. So, in case number 25-1376, I move that the city is proven by a greater weight of the evidence the following violations of the city of Temple Terrace Code exists on the property located at 11407 Jialter Place um section 12-771 tree trimming invasive
trees. This motion is based on the sworn testimony uh this board has received from the code enforcement officer Smith along with the city arborist and other evidence including photos affidavit and the notice of violation all of which is received and entered as part of the
record of this hearing. I further move that the violation is irreparable and irreversible as defined by city code section 1-63. Therefore, I move that a fine of $1,000 per tree and one to one remediation be imposed for each
violation. We have a motion. Do we have a second? We have a second. Any further discussion? I'd like to I'd like to increase it to $3,000 per tree. Um I'd actually like to see $5,000 for the tree that was cut on the rideway and $3,000 for the tree that was cut on his property. Okay. Why? Uh the rightway
tree was not his tree to cut. Okay. Uh that was the city of Temple Terrace and there was no mean there was no communication made with the city. Hey, can I can I mess with your tree? All right. So, and now it has to come down and those lower those live oaks last forever. It's kind of the hallmark of our city. Um the laurel oak just
represents a a challenge overall. But I mean I understand what you're saying we we're getting at, but then to cut down the trees we're talking three four grand. So all of this is looking like
[Music] I my math sucks, but but you know, 10 12 $15,000. I was going to go the opposite for you. Uh because I think I think if he just removed the it was an innocent
mistake from what I understand, he did not know what to do. These two trees are in front of his house. You know, I'm I'm for beautififications. I'm not I'm for nobody tripping over these roots. I'm for a lot of things. I don't think a
fine should be imposed in my opinion. It's just removal of the trees and and replacing them with a uh two trees. What's the old adage? Uh ignorance of the law is no excuse for it. Now, there are some people who are developing lands
and removing these trees. Those I would like to see what you said. Well, those are the folks we're talking to tonight. But when it's an innocent mistake in a subdivision like this or I don't know where where the trees are and in front of the person's house not knowing I don't think
he intended from what I seen and what I heard to um to to damage the trees. This is the first time I know about the roots by the way. We had a good lesson from Mr. Ferris. Uh I you know the
360 sometimes in my opinion I think I I consider them a tribing haz hazards. Little kids playing around they will fall and I'd rather see the tree removed rather than seeing an arm of a kid broken. So this is this is my opinion. I
don't think we have to impose any fine. See I I I I disagree. I think yes, I understand that it was a mistake and it wasn't done maliciously, but there are consequences to our actions and I think
$1,000 is is adequate um to say, "Okay, you screwed up. Um you still have to remove the trees, which like I said is another three $4,000 each." Um trees are going to cost them about 1,500 to remove each. No, they're going to be about two
grand. Huh? Trust me, we have one in our front yard and we've gotten the It's between3 and $4,000. They don't need a crane. Huh? They don't need a crane. That's it. I I I don't know how you remove these trees, but how careful they are, but the homeowner has made it clear
that he doesn't believe that the tree in his yard is a threat. So, I mean, if he doesn't, we're not making a motion that he's required to take down that tree. It's just that the city is going to take down the tree on the right of way if he doesn't regardless and then and he'll be charged anyway. Right. So if the
homeowner doesn't believe the tree in his yard is a threat, if he believes that the damage he's done to it is not, we should still replant the tree because our arborist has said it is. So we need we need to do that. But the owner doesn't have to take it down. So he doesn't have to spend that extra $3,000
to take down the tree if he truly believes that it's healthy enough to stay up. It's it's only threatening his property. But then he would be out of out of We're going to be liable as the city recommending removal and replanting the the recommendation
has not going to be a recruiting and it's not going to be a recruiting uh or out of right that's why I don't know what it's it will still be out of compliance I guess in a sense that's
reparable and irreversible the one the entry that's on city property 100% has to be decided on um because it is on and it's the live oak Taylor included that she included included that one for one in her yeah yeah in her motion the live
oak is the city property the laurel oak is on his and who's to say that he can't find it get that tree removed safely and nicely cheaper than what the city would you know it's going to be done one way or another and he's going to get the bill one way or the other
well I What David's saying is true. He doesn't have to take that tree down. Not the one on city property. The one on the Laurel Oak and his No, the Laurel Oak. It's on his property. I'm talking about the the live oak. That's right. On city technically property. He's going to get a bill for that regardless. Well, that's
that's up to him and the city to negotiate. That's what I asked. Yeah. So, I mean, if he wants to take it down, that's fine. I mean, I don't think we should add him to the motion that he's required to take down the trees. I mean, he's made it very clear that, you know, in his opinion, the trees are healthy and fine. the city disagrees. So the
property, the one on the city property needs to be dealt with. I think as you know, we fine for damaging our property or community property and then of course the fees associated with taking it down. But if he feels that the tree on his property is fine, I mean, even if he's going against the city arborist's
advice, that's that's I don't think that's for us to judge. But we think, you know, the city knows better, at least in experience with these things. So the city should still plant a new tree to replace it. Does he need a permit to remove these three trees? At this point, he would just need a
letter from an arborist, which I'm sure Joel could do, uh, or his own. No. Okay. I agree with your motion except for the fine part. I think it's excessive. I think we still need to, you know, if our board is split between eight and three
and zero, maybe 1,000 is a nice happy medium. And not not to get too hokey on you guys. I'm sorry, but I think part of our identity is temple terrestrials is our beautiful oaks. We were an orange grove a century ago and our oaks are
kind of vestigial of that. And it I'm so grateful that our city has a dedicated arborist who's here to protect them. And my home has been the victim of some of these oaks deciding to take a nap. I've I've been there. I've been through a few
hurricanes in this city. So, I I see the future in as cloudy of a crystal ball as as I'm sure you're seeing. And, you know, we we have to respect these trees and take care of our city. I I think you do need to keep the even though it's on his property, I think you still need to
keep that one for one in for for that because I think the city I think the city would the city would still be liable uh for a future property owner or anything. I mean, I just think that's a you know, or it could fall on somebody's car. I don't know. I mean, it's just all kinds of things. The one for one doesn't
seem for one though, right? The one for one just means he needs to plant. No, it'd be a separate It's like a separate line a lot. I think he has I think he has to replace the tree and plant something. So, he has to actually tear down the tree. It's not um there's a lot of conversations going on
at the same time up on the dis. I think it's real important to get recognition from the chair before people speak. I just want to remind you of that. Okay. Thank you. So, any anyone else have any comments to
make or discussion any further? I I'll I'll just quickly I think um line items of I think taking the trees down is good. He's going to get the bill regardless on the one. I think the one for one plant one
for one removal is fair. And I'm okay with the fines. Um, to be entirely honest, I I would have gone less to be honest. Uh, but I'm not, again, I know it wasn't malicious. I know it wasn't malicious. I
know you didn't do it intentionally. I know. And I'm I'm not just when a tree is unhealthy and I've seen it and oftent times trees can hide their health and Joe can tell you and they can
hide it very very well until it goes and whether it's on your house or on someone else's or some we can't we're like I'm just saying it it it can cause more discussion Oh, I'm sorry. I'm sorry. That was my fault. Uh,
I'm just saying it can cause more chaos than what you can imagine. So, are you saying to stay with with the motion? I'm fine with the motion as is. Okay. Are with with the
motion is a $1,000 fine per tree. Per tree and he has to replace both trees is one for one. One for one. Okay. Just wanted to clarify. Thank you. So, any other I want to make sure I'm understood by everybody. I'm fine with the whole
motion, but I think the 1,000 per tree, maybe maybe 500 per tree, I would have been fine. But this is excessive per tree because remember, he's going to remove these trees, pay big number, and buy new
trees and plant them and communicate with Mr. Ferris. And it's an honest mistake from as Brian said and as the uh homeowner said to have him pay $2,000 and then remove these two trees which is he
was willing to if we do the motion and all agree on he's going to be spending close to $10,000 for an honest mistake. I think we're clear on on your opinion and I'm fine with the I just think we need to move forward and take and take a vote
and if Taylor wants to adjust and unless you want to amend your the fine see how the vote goes. Okay. All right. We can we can go that route for sure. All right. So, u I don't think we need to restate. I don't know if we even need to restate the the case again, but anyway. So, uh we're going to take a vote now.
All in favor say I. I. I. I. All opposed? Nay. So we have So the motion passes. Yep. Moving on. Okay, everyone. All right. Good. All right. Case number
chair. I think you may want to at least adise clear on what the order. Okay. So are did you want to please can you trying to understand exactly what's my fine and what's the uh Okay. So, you were fined $1,000 per tree, irrevocable
and irreconcilable damage to the trees, the two trees. Also, the recommendation was that you or the violation includes you removing the two trees that were damaged. The roots were
damaged and uh I think that's it, right? Remove the trees and pay the Oh, and you have to and you have to plant two plant two new trees. So, it's going to cost me over $10,000 for an honest mistake, maybe. I mean, all I'm trying to do again is make
the make the community looks better. I mean, okay, I'm willing to to remove and and plant the new plants, but why? I mean, I get fine. I didn't do that on purpose. I wasn't there at the time when the guy is doing it. Roots is all over the the the
ground. And it's honestly, it's honest mistake. I mean, please. I mean, I'm willing to do to remove and plants, but not $1,000 for each for each plants. I don't think that's fair over $10,000. I'm going to
pay. That's a lot of money. I I understand that. I just I don't have a solution for you other than that this is this is what the board came up with. This is a we took a vote and I you know, I don't think there's anything I can do
to to to alleviate your concern. I mean, I understand what you're saying. I don't think that's fair, though. I don't think that's fair for for honest mistake. You had a you had a hearing and you were allowed to present your evidence and the city presented their evidence and we took a vote. I mean, I
don't know. It's that's just how you cut no trees. I didn't do I mean, all I did is make it better. Looks better. I'm just trying to make it look better. But long term, those trees are going to die. That's that's that's the reality that we're being that we we were given by the
arborist that that they're going to die that as of today it looks looks looks healthy. But you listen to what he is his testimony stated that those trees are damaged and in his opinion it's irreconcilable irreversible. trees are
eventually going to to die and there will be some there'll be some concern from you know there'll be some basically there'll be some uh concern on the city's part as far as liability and so forth from the trees falling and so that's I mean that's just liability I'll see you for a year from
now I don't think there's any way we can that's beyond the scope of the of the of this board to do anything like that to have you sign a legal document that find The board has ruled, right? I understand
your disagreement with the idea of whether the trees are healthy or not and I think you're more than welcome if you want to have that continue that discussion with the arborist. But he has already through his expert opinion has already advised through his training and
everything else that this tree these trees will decline and the board isn't the person to argue that with now. They've made their ruling. they've so if you want to have that discussion with the arborist tomorrow some more but you know he is he
is an arborist he's a certified arborist who's trained in this in these matters okay but I'm willing to to remove and plant the new plants can any way you eliminate the fine no we've already made a rule so it's with the city right you
can work that out with the city I don't know I think we no they would follow what's in the order follow what we ordered this is again an irreparable irreversible violations. So that's it. Um I um Mr. uh Aada
um I mean there's no he can give me a call tomorrow as far as you know if he wants to discuss it more but I think this board needs to move on uh with yes or with to the next case to the next case. Yeah. Um but
okay can we reduce the fine or or don't sir that's it unfortunately that's it. Thank you. Case number 25-1379 city versus Grant Webb of the property located at 5125 Roland Hill
Court. This case is before the board based on an alleged violation of section 12-768A subsection 2 tree removal standards grant. The case will be prosecuted this evening by code compliance officer Lorie Smith. The city has evidence that the notice of violation and notice of hearing were
properly served. Good evening again Mr. Mr. Vice Chairman board members Lorie Smith code compliance. This case originated by a citizen complaint at Temple Terrace City Arborist Joe Ferris on March the 31st, 2025. My inspection revealed a large oak tree on the south
side of the property had been improperly trimmed. The notice of violation, notice of hearing, irreparable, irreversible letter was prepared that same day. No one was at home, so I posted the notice letter at the front door and requested copies be sent certified and first class
mail to the owner of record. I also request that a copy be posted on this on the electronic board for the 10-day requirement. Mr. Chairman, Mr. Webb, Mr. Vice Chairman, Mr. Webb did contact me on the 31st of March, 2025. He stated he was not aware that he needed permission
from the city for trimming trees on his property. He did follow up with Joe um afterwards after that day on his plans moving forward as what he needed to do with the tree. And there has been communication since that day. Sir, at this time I would like to submit
photographic evidence of the violations taken by me on March the 31st and the 30th of April, 2025. Please submit. Thank you. Thank you. Thank you. [Applause] Exhibit number one shows the notice
letter posted at the front door. Exhibit number two shows Southside oak tree trimming and number three shows southside oak tree trimming. As of today's date, the site remains out of compliance and I am seeking a ruling. Yeah.
So, while we're waiting for the pictures to circulate, does anybody have any questions for So, it's a this is similar to our understanding of excessive pruning or whatever. Oh, what we've we've had in the past uh that you know
topping similar it it wasn't topped. Um but broccoli leaf, right? Oh, I see. I know the second picture uh isn't quite as good as the third one.
Excuse me. One tree. Yes, sir. One tree. It's not trimmed. It's mainted. Right. So, was this done uh was there um was there did the arborist come out and stop this from proceeding or did they just leave it like that? Uh Joe's
here. Um Mr. Mr. Did anybody else have any questions for officer Smith? Oh, I'll wait. Okay. Joe Ferris, city aris. So, yes, the the day I got the call, I went out there, the tree service was there. I asked them what they were doing. They said they were trimming the tree. At that point, I believe the first
picture that went around is an image of what was done at that time. So, essentially half the tree had been topped. Um, their intention was to take that as far back to the trunk of the tree as possible. Um, I then reached out through the tree service to the
homeowner who contacted me and we had the discussion of the remainder of the tree being removed. Um particularly because in that first picture I believe it shows the limbs over the adjacent property to the south which there are structures there. So now the tree is
offbalanced. If it were left the way it is it again structural integrity you've off balanced a tree that was over 24 in. So it was a grandized tree in the right storm. It could go that direction because of the balance being off. Um uh
the second picture I believe shows everything else being removed. It still remains as it is on that second picture, which is essentially a topping of the tree. The remainder of it should be removed and replant one um canopy tree somewhere on the property. As the tree
stands now, it's not growing anywhere. No, no, it's it's been topped. It's been everything's been removed, all the canopy. And that is the one cut that is prohibited per our code is topping trees. Okay? And the only time you would
do that on a tree is full removal. You wouldn't just top this to trim this. That's not trimming. The tree service referred to as trimming, but that's beyond trimming. It's again, it's excessive. Did the tree service uh continue with that with their process? I
believe they stopped that day and maybe he had them come back and trim the rest of it. The homeowner I believe is here and he can kind of probably explain the process of the remainder of what was removed. But again, what's still there is what's shown in that second picture and should be removed
and replanted. Did the homeowner express any intent to remove that? We we've talked about it being removed. So, I've had that conversation with him and he has been communicating with myself and Lori has been sending emails with updates. Okay. So he has been in
communication prior to today. Yeah. And and doing working with us as best he can with it. So anything else from the homeowner? Yeah. So I think we need to probably Okay. Hear from the homeowner. Right.
Grant Web 5125 Rolling Hills Court. Got some photos here. Y'all are interested. Yeah. If you like to submit one, please. So that first picture, yeah, that's just copy of communication with Joe. And do we have do we have to officially enter
this into the record, Ernie, or is that Thank you. Do we have to do anything official to get this in the record or is that already taken care of? Um I I think you'll need to if you want it in the record, you'll need to just uh do so put it, you know, have it accepted
into the record just like you do with the cities. Okay. So I guess that's what we want to do. Accept it into the record. Yeah. Accept these pictures into the record of this hearing. Is the electric wire going through the
tree? No, it's just very very close. So, would you prefer us to look through the pictures before we before you start? Um, no, I'm happy to elaborate. Uh, thank you for the opportunity. I appreciate it. Um, bluntly speaking, I was not aware that a permit was needed to cut a tree on uh a
property that I own. Um, I bought the house on March 3rd of 2023 and when I bought it, there had been some tree tuming that already had took place in the front yard. So, to be clear, the tree that we're talking about, it's in my backyard. It's my back sideyard. So, it's the backyard. It's not on
commercial property or it's not on like the trunk is not being split with any properties. Um, when I bought the house in March of 2023, some trimming had taken place on the there's a very large tree in the front right section of the yard. I don't know what company may have
done it, but I know what uh chainsaw dust looks like and freshly cut trees smell like. So, uh approximately maybe two months, 3 months after I moved into the house, um I further cut a tree in the front yard. So, I'm not talking
about the tree in that photo. I'm talking about a different tree. It's a really big uh really big tree. So, I rented a truck, a lift, already had a chainsaw, some other equipment, etc., etc. So, I was in my front yard trimming for a solid week, going up and down on my my lift, cutting this tree back. Some
of what I cut back was big, some of it was small, etc., etc. My point is that I was in front of my house trimming this very large tree. Um, I didn't know that I needed permission to char to trim that tree. So, that's the tree I'm talking about is not the tree in question. The
trees in my backyard. So, fast forwarding approximately a year and a half after trimming the tree in my front yard, um Helen and then Hurricane Milton hit. And so, I had some branches land on the uh side of the house where that tree
is and there were some branches on the uh Spectrum lines as well as some branches on the uh TCO lines. So, I contacted the folks at TCO, contacted the folks at Spectrum, asked them of course to come get the stuff off the um power lines. And while they were there, I asked them respectively, "Hey, while
you guys are trimming those branches off, can you cut that back foot? Can you cut that back two foot, etc., etc." Spectrum told me, "Hey, if it's the branches are hanging on the power line, it's our responsibility. It's not hanging on the power line. It's your responsibility." So, I said, "Okay." Um, very similar happened with Tiko. I
contacted Tiko. TK came out and they were moving their branches. I asked them, "Hey, can you cut back a little bit more so that I don't have to call you in a month for the next storm, etc., etc." So, they told me the same thing. if it's on the power line, it's their responsibility to get it off. If it's not, it's my responsibility. So, um,
between not knowing that I needed a permit and having, um, cut back some of my tree in my front yard, as well as I trimmed a lot more of the overgrown timber in my backyard. It's a very, very deep and big backyard. Over the past two years, I've trimmed quite a bit back
there. So, just in the spirit of transparency, like you have written on the wall, I've trimmed quite a lot of uh timber on the property. Some in the front yard, some in the back sideyard, and some all the way in the back. But just bluntly speaking, I didn't know that I needed a a permit to cut a tree back on my own property. That was
something I was unaware of. Um, I'm not somebody who has issues with authority. I'm not somebody who has issues with following rules. I have a license from the state of Florida to house and care for the elderly. So, I'm all about rules. I'm all about regulation. It's for the right reason. Um, furthermore, right around the same time that uh I got
the notice from the city about uh the the aggressive trimming of the or cutting of the tree, I was already in and out of the permitting office. I worked with um there's another Joe in that office because I my house is a retirement home. I had to get some permit things in order. So, I know where the permitting office is. I have no
problem with asking permission. Hey, can I you know get a permit for ABC123. So, it was just an honest mistake. I didn't know that I needed a permit to cut a back a tree on my own property. So, I apologize for that and I'm at your mercy. Um, can I ask? Sure. Go ahead. I don't
think the issue here is a permit. Yeah, it's not. Is it? It's not. It's um It's the topping. Yeah, it's how much of the tree was cut. It's a tree that got damaged and I think it's similar to our previous case, but that's from the top rather than from the bottom. And it's
the tree is going to die or it's it's not going to regrow again. I can ask Joe. Yeah. Yeah. So Joe can explain to us. I don't think it's a matter of permit. It's a matter of the percentage of Sure. Sure. I wasn't aware that so much couldn't be cut back. I think what
he's referring to as far as permit, he didn't realize that he would need approval or a permit to trim anything. Okay. He wasn't aware of that. It wasn't so much that he needs a permit. Now, it's what he was explaining that he didn't understand that our trees are protected and that they would require
approval. You personally did it. You No, sir. I hired a tree trimming company. I thought I did the right thing. I contacted them on Thumbtac. I hired them because they had good reviews. I got a good price. They had capacity and they could start very soon. So, I thought I asked the
right questions. Evidently, I did not. They were out there cutting for approximately 3 weeks. And I think that's probably where the complaint um came from. And so I didn't know I've never hired a tree cutting service before. I've always done on my own. So
Mr. F that's for you. How come these these professional treat companies don't know the rules of our is this only for our city only? I think it's a nationwide. Right. That's not really something I can answer. I mean, there are companies out
there, in my own opinion, that really probably don't know what they're doing. There are good quality companies out there that understand the rules, not only in Temple Terrace, but throughout Tampa Bay by different municipalities. Unfortunately, he probably or approved
or hired someone that really didn't know what they were doing because when I asked them what they were doing, they were said they were trimming. But that extent of that far back is not normal trimming. That's eventually, you know, what you would do. Again, as I said before, to remove a tree. So, they
already, in my opinion, didn't have a clue as to what they were doing. And there's plenty of them out there. I've come across them in the last eight years that really have no idea what they're doing out there. They get a chainsawing company. They get a chainsaw in a truck and they convince someone they can do it for X amount of price and homeowners
hire them. I mean it's unfortunate on the homeowner because generally they do irreplaceable irreversible damage to trees. So to answer your question, not all those tree services are even aware probably of rules and regulations.
Thank you. And if it if it helps Gina's got a question first. Okay. So now that the tree is in the shape that it's in Mhm. are you can I mean it's it clearly is going to die if it's not already dead. Um, it's growing in here. It's growing different places, but I won't
refute that. Okay. Um, is is do you have any plans to remove the rest of the tree? Um, do I have plans to? No, ma'am. Bluntly and respectfully, when I spoke to Joe about the best way to move forward, first and foremost, when I found out that what I was doing was
wrong, I completely pumped the brakes on everything. um and communicating with him because the tree company had only cut half the tree. Um I was under the impression that I needed to remove as much of the long side of the tree as I did the front side of the tree to
prevent it from toppling the photo that I passed around it. It it I think you called it a piece of broccoli or something like that. It looks like the tree just kind of has knuckles. There's there's life growing from it here and there, but the tree itself um I was cutting it back to avoid um further
storm damage and just trying to do what was right. Just curious. Go ahead. I'm just I'm looking at the ordinance now and it is definitely specialized with the expertise of somebody who understands your field. Mr. Varys, can you just explain to me when when you say topping,
are you talking about the canopy coverage of 50%, 17%, 20? I'm I'm a little lost in the weeds, pardon the pun. Topping would be at the point the tree is at now. There's no canopy left. Zero canopy. Cut back.
So if if this were all the limbs and you have canopy here, you cut them all back and you just leave those limbs sticking out and you will have growth. There's probably suckers growing out of there, water sprouts. Now, again, that's doing it because the tree is now under stress. You've removed all of its canopy and
it's trying to figure out where it went and now it's going to send out those water sprouts. So, you're just going to have this bushy little thing. And again, it goes back to that is prohibited. It's the only cut in our code that is prohibited
um as as cutting as that topping. So there's other inappropriate cuts out there, but this is the only one that's listed in our code as inappropriate. We've been seeing a lot of this and that's a problem. And yeah, and again, that may be out of fear of the hurricane
season and what's coming and let's just cut them all back as much as we can. And the recommendation from the city would be to just remove what's left, right? Yeah. In my opinion, yes. The rest of the tree should be removed and then replant something. Okay. And going back to your question again about tree
services, the legit ones that I've worked with will reach out to me. If I don't hear from the homeowner, it's generally tree service. They know the rules and regulations. Unfortunately, he just hired someone that didn't and now he's stuck with what they started. The company I hired, the first company, I
ended up having to hire two. first company um effectively speaking committed construction fraud with me because I didn't have the right tools to finish the tree cutting that I again I didn't know I needed a permit. So initially I wanted the whole tree brought down almost to the where there was nothing to avoid uh further storm
damage. So they cut half the tree um and what's showing the when you look at the photo of the tree that's there. They didn't even come back to cut that cuz they didn't have a lift. They were literally out there using ropes, ladders, and chainsaws. literally. So, it took him three weeks to make that progress. That's where the
uh where the complaint came from. I am because my backyard is so so uh big, I'm happy to plant um excess trees. I didn't I didn't know I was causing a problem uh cutting back the tree that that I was cutting back.
So, I'm I'm just curious what what did you think when when they were trimming the tree initially? Mhm. It it you know, were you planning on taking the tree out completely or what? No, sir. I was planning on cutting it to I was planning on cutting it so there were no branches
that could reach over the structure uh on the other side of the fence. It's my neighbor's garage as well as my home. And you didn't feel like that was going to eventually kill I mean that there's no way the tree is going to recover from topping like that. Sure. Sure. Um in
hindsight, I I won't challenge that. I certainly won't. Um, when I was having the tree cut back, what I was most concerned about was my house. Um, I just being honest with you and transparent. I wasn't concerned about the health of the tree. I was concerned about my house.
And what about Yeah. I thought I thought you just said that you were not going to take the tree down. That Yeah. Yeah. I I I didn't have any. So, when you say take it down, I'm assuming you mean remove all of it. Yeah. Yeah. I wasn't planning on removing all of it. Just down to the point where there's no branches. So,
where it's all trunk. It's a big tree. I mean, trunks like this here. So, I just wanted to cut it low enough so that it's just trunk and there's no branches hanging over my house or the neighbor's structure. So, there's no threat to this. If this tree dies, there's no threat to it landing on your house. That's correct. That and I wanted to
trim it back enough so that there are no branches that could fall on my house or the neighbor's structure. Okay. Um, what 10 ft 8 10t tall? you would cut it down to um what we talked about with the first company was approximately 20 feet. Okay. So, some of
the branches are located in different areas. So, um some of them are there's like a 10 foot I don't know what they're called like knuckles or just short branches, but my intention was to cut the branches back enough, the tree back enough so that there was no concern after a storm. So, um my question is for
you Joe. Uh obviously the tree is not going to magically regrow like it was before. It'll never regain its original state. It'll rot, right? And as it decomposes, while it's sitting there dying, um is there are there concerns about like
pests or invasive species like taking advantage of this like we have problem with termites and is that going to come? Absolutely. Because when they're cut back and they're stubbed out, again, my finger is the best example. At the knuckle, it's stubbed out. It'll never
heal itself. If it's cut back to where it attaches, it'll heal itself, which will seal off any insects or termite like we do with the issues here that's left out like that will eventually start to rot. And yes, you can then be susceptible to termites or other
insects. So, just like standing water invites mosquitoes, this could Yes. intern. So, does that sway your opinion at all as to whether or not you would take it down to the stump and grind it or would you still um I don't know if I know how to answer that question. I know that in hindsight I would have gone
about the project differently. Um I don't know how to answer that question. Uh well, you mentioned I guess you you said that you had no intention of taking down the tree. You're just going to take it down to 20 ft or so approximately. Even as that photo stands there, it's still like 60 feet tall. Right. But that's just to keep it from falling and causing damage. Correct. Which which I
totally understand. But according to what Joe just said, you know, you could be inviting in the pests that we have the biggest problem with in simple teras, which are termites, by just leaving it there and and leaving it to rot. So knowing that, would that change
your decision in the future to Yeah. Yeah. I mean, I uh on the front end, I was not looking at it from the standpoint of bringing in unwanted guests, so to speak. Um but in hindsight, hearing your rationale, it does make rock solid sense. Yes, it does
change my outlook on it certainly. Um, you know, I I didn't have an intention of quote unquote killing a tree. That wasn't what I was looking to do. I wasn't looking to bring in any pests or, you know, I do a lot of, uh, bug repellent around the property as is. So,
um, hopefully you can appreciate that. I use the house as an assisted living facility, too. It's not just my home. So, I have quite a bit invested in the property. That's kind of why I was as aggressive as I was. One last question. What does the city recommend? The
removal the removal of the tree and replanting. Again, it's it it's topping what's been done and where it's at now is that topping which is and this would not also create a fine. That would be your decision. That's our
that's our decision. It's not my decision. My recommendation is the removal of the rest of the tree and replanting another shade tree. somewhere on the property. Doesn't have to be in the exact same spot. If it matters, just I figured I'd say it if you don't say
it. Some people don't know. I I want to keep the the the the chunk of the tree cuz I'd like to do something decorative with it. Something that has to do with my my life, my mission. Like I'd like to put like a quote of some sort in the
trunk of the tree. If you look at the photo, I don't know who's got it, but the trunk of the tree is really big. So, um, if it's an option, I'm only asking. Again, you don't know if you don't ask. I'd like to be have the opportunity to trim it further just so it's more
shapely. But, um, I guess if the panel and and if you feel that the tree dying over time, uh, would pose more of a problem if if you're talking about removing the rest of this the stubbed out parts and bringing that to a certain
height where it's just almost like uniform. Yeah. We have nothing, excuse me, we have nothing in our code that states you have to take a tree all the way down. It's just what's left now is never going to come back. Okay? So, that should be mitigated back. If you go 10
15t height on that trunk and or that what's left and you want to have someone carve something in it, I don't think that's an issue because there's nothing in our code that states you can't do that. Okay. Um definitely would like to see something replanted because you've taken Sure. Live oaks are the best tough
trees we have around. Yeah, I heard it in your heart over the phone. We were talking and it kills me. I I don't have a lot of heartburn over laurel oaks, but the live oaks are a quality tree that they have. So, the fact that it's now in the state it is. If you want to carve something out of that, remove the rest
of those stubs. I'm fine with that and re definitely replant something just to try to get that canopy back that's been lost. Sure. It's good quality trees. Agreed. Okay. Any other questions,
Barbara? Okay. All right. So, we're ready to to make a motion. Does anybody want to tackle this one? I'll throw it out there because I want discussion. Okay. So, uh, in case number 25-1679, I move the city is proven by a
greater weight of evidence the following violations of the city of Temple Terrace Code exists on the property located at 5125 Rolling Hill Court uh, code sections 12-768 subsection subsection A subsection 2. Uh this motion is based on
the sworn testimony this board is received from code enforcement officers along with any other evidence including photos, affidavit, and the notice of violation along with notice of violation all of which is received and entered as part of the record of this hearing. I further move that the violation is irreparable and
irreversible as defined by city code section 1-63. Therefore, I move that a fine of $1,000 per tree be imposed per violation along with the
removal potentially depending on what you want to do with your artistic side. Um, and replant one other tree uh not to exceed $5,000 per violation. So, it's $1,000 for the fine, replant,
and then remove the tree up to a safe limit for the arborist. I missed the f the $5,000 at the end. Oh, well, that's I was just reading. I was just reading. Yeah, I was just making sure I read everything. I didn't want to forget it. All right, we have a motion. Do we have
a second? Second. Okay, we can do the discussion in I want I wanted discussion. So, so now we're open for discussion. So, let's go for again. I consider this very excessive that $1,000, you know, on somebody's property. Again, you know, this is the the people's property. You know,
sometimes, you know, you you're causing a hardship because if he and now, are we recommending removal of that is going to cost a lot of money. So, again, I'm I'm I'm with the violation, but I think the
$1,000 is very excessive in this situation. I agree with you. Yeah. Well, and I wanted to talk about also because he mentioned that he's willing to plant multiple trees. If you plant multiple trees, is there a way that we can offset that? Has no clue what happened. He
hired I to me, we should charge the company that did this $5,000 or not have him do work in city tumble terrace. And in subregation, you have to go after someone else and that unfortunately would be on the homeowner. I also just do one one at a time,
please. So, I'm sorry. I agree. I don't think it was malicious. I think he was trying to make it safe for his home, for the home next to him. True. I I had the $1,000 to keep with um tradition on this
uh or at least for tonight. Um so, I'm willing to amend that. I also like that he's willing to do something artistic. I also like that he's willing to plant and he that he's very open about that. I love that. I think in the your the vi the fine is consistent with what we've
done in the past. We've had 750 250 per tree whatever. So it's not totally out of the it it's not I I wouldn't say it's excessive which is why I said it. Um but they had um would you willing to amend it to say
plant two trees instead in le of the fine? I mean at the end of the day the problem is the trees not the money right? So, um, if the homeowner would be amenable to it, it would make it really easy. But is that, um, something within our Yeah, I mean, I guess we're within our purview to do that, right? We can do
whatever we want. I am I am willing to amend the motion and that's why I wanted to make a motion to get discussion. So, is there anything else before I amend? Any other Yeah, let's I How do I put this? I think that the
fine for the last one was justified at a thousand because and no, it wasn't malicious, but it was different. I mean, who cuts their roots? I'm sorry. Um, that's a horrible thing way to put that.
Um, but he hired and and he didn't hire anyone. Whereas this gentleman actually hired a tree trimming company. I I thought the one Okay. Hired somebody. Well, we're not talking about that one. We're talking about this one. And so, so that goes to
his I don't know how to put this. Um, he was relying on the on the right. He was relying on on someone else to do it correctly. So, it's different. Um, so yes, I think a fine is an order, but maybe 500 bucks.
But what do you think, Taylor? I'm looking at the ordinance um underneath subsection um a subsection 2 this one sentence pops out when removal is authorized one replacement
shade tree 3in DBH is required and there is a table in here of appropriate replacements. So I think yeah adding doing a one for two to negate some of the fine Mhm. I think is way more fair in this circumstance. I agree with you,
Gina. He was misled by experts. He sought experts. Okay. Okay. Uh this is just a matter of procedure. Could we could we make it an option? We could say it's a $1,000 fine or plant to secondary. Is that Can we put options into our
motions like that? I I don't think so. No. Ernie, he's he's thinking. Sorry. I believe you can. It's your order. I'm trying to I couldn't really come up with a reason that you could not. How do we
enforce it? Well, the arborist would be out there and if the if if what I think you're contemplating is if he plants x number of trees, the fine is why, you know, I just throw that out there. Um the the
arburist is going to be able to go out there and see if trees have been planted and uh if they have then you know it'll we'll be able to handle it internally here as to whether you know he needs what if any fine he still would need to
pay based on your order. Okay. I will amend my motion um removal of the tree to a safe what our the city arborists would consider safe. If you want to do something artistic and decorative, I'm
all for that. You have no idea how much all I'm for that. Um, and then to either replant two trees or a fine of $1,000. I second. So, yeah. Do we need We need
another second, right? Second. Well, you second in the first, you have to second this one. Can you repeat the second part of that? Um uh either replant two trees in replace of the one um or a fine of a thousand. I'll second it. Does the same person
need to second it or is that that's what we have? Uh yes, it should procedural. All right. Okay. Sorry. Um since we're giving an option, I feel like we should put a deadline on it. Should put a time limit on it. We haven't put a deadline on things like this in the past. We
haven't done an option in the past. That's true. I mean, there's there's got to be a time frame to make a decision by four months. I I have no idea how long it takes to plant a tree. So, one to two board meetings from now, right? Yeah. Yeah.
Well, just for other references, as far as timelines go, when I have residents who are developing the property, adding something to it, and a tree is there, um they're able to remove it and mitigate. Um, at the time the permit's issued, I
usually give them 60 days to replant from the time the permit's issued. So, as a guideline and that might be something to maybe consider 60 days for that time for rep. Okay. So, do you want amend your amendment? Amend the
amend the amendment. Okay. So, we have to remove the tree to a safe point that the arborist can agree with. Um, we're going to replant two trees or a fine of $1,000 by we'll say our 60 days July 9th.
That's our next board meeting or our two two from now. So July 9th would be our deadline. I'll second any further discussion this time. Okay. All right. So can I ask a question? Yeah. Um, as it relates to
cutting the tree back further. So, as that photo shows, it is just all knuckles right now. So, just bluntly speaking, the tree is not coming down. There's no storm from here forward rest of our lives. That tree is never going to move. It's all trunk and it's all very very short um kind of branches. My
question um is like I said in the in the near future, I'd like to do something with the trunk of the tree designwise. So, the vast majority of the tree is still going to be there. Um, my question is, can we remove the order that I have
to cut the tree back within 60 days? Because I'm literally in the middle of using that property and opening it as an assisted living facility, not having to take on another tree related project while I'm smack dabbing in front of that would be fantastic.
me me personally, I would say I would want you to work with the arborist on that because he's going to know the safety of the tree and and what that could like how that invites the termites and all that. I would ask I'm pretty sure the 60 days was related to planting
two new two new trees and and or or you will get a fine after 60 days. If they if you can do that then I don't think we have any Yeah. Then we don't have no issue there. Right. Right. Does that sound right? Okay. All right. Okay. Vote. Yeah. I think we're ready for a
vote, right? All in favor say I. I. I. All opposed. Yes. I'm opposed because I'm against fee and all. All right. So, the motion passes and so you I think we've discussed this enough that you understand exactly what what what's required of you as far as to
come into compliance. And 60 days, plant two trees. Make sure that Joe is intimately familiar with those trees. Respectfully, of course. Respectfully. I like that. Thank you. All right. Thanks. Next case. Thank you. Thank you. Uh, do
we need a break after that one? Do Do you want to take a break at this point or do does anybody need to take a break? The two cases are ready for the next case. Yeah, I think we're ready for the next case. Case number 25-04 0640 city versus we buy houses LLC for
the property located at 707 Aberdine Circle. The cases before the board based on an alleged violation of section 8-28 subsection A subsection 1 permit required. The case will be prosecuted this evening by code compliance director Tom Baron. The city has evidence that the notice of violation and notice of
hearing were properly served. Good evening Tom Baron. Code compliance. This is this is not a tree case. This case this evening originated back on February 7th, 2025 when the code compliance office received a list of properties that had outstanding stop
work orders permit that require permits. That same day, Officer Valley went uh and prepared a notice of violation for the unp permitted mechanical, plumbing, electrical, and interior renovation work and gave the respondent a compliance
date of the 13th of February. Since the home was unoccupied, the letter was posted at the front door of the violation and also requested a copy to be sent out certified in first class mail. He also requested a copy to be posted at the front face electronic board at city hall for the 10-day
requirement. On April 16th, 2025, I checked with community development permitting office on the status of the permits and it was advised that there was no change to the uh the permits. At this time, I'd like to submit a screenshot from Central Square shows
that all four permits still remain out of compliance and this was taken as of yesterday. [Music] That screenshot just displays that they're showing stop work orders are still exist on that property.
So um a check with permitting today on May 14th noted no change to the status of the permits. Therefore a notice of vi um notice that the violation remains out of compliance. The building official Dallas FS is here tonight if you have
any questions pertaining to the permits. So the permits have been submitted. Is that nothing has been submitted at all? Nothing. Nothing. No application or nothing. But they've started work. The work is this is after the fact so the work is already completed
I believe that's what I was told well Dallas would know the details yeah I would believe Dallas can probably shed somewhat anybody else have questions for director Baron no okay all right hello hello Dallas building official this actually started in
January code enforcement officer valley noticed uh construction debris notified us and Matthew Cook my other inspector went out and that were red tagged at that time. There's been no more work done at the site as well as no permits have been applied for at this time. Is
the work complete? That was what still in the condition it was when this started. Okay. I believe the representative from the properties here also. What? Yeah. Yeah. Go ahead. Yeah. What are they trying to build? No. No. They're remodeling the interior. Oh,
remodeling. They're like flipping. Remodeling the entire house. They've done, according to Matthew, they've done electrical. There's electrical, plumbing, air conditioning, everything's been gutted out of the house or to a to a point that it requires permits to do
that work. Okay. And are are the are we we'll ask them questions when they come up? Well, have you had any communication with them? I have not. I have uh the owner did reach out to me uh about 10 days ago and he said he would sound
right there sounds the owner did reach out to me about 10 days ago and um he was said he was going to pull the permits but nothing in the last 10 days. Nothing there's no no permits have been pulled yet. So okay. All right. So any other questions for the building
inspector? All right. So I guess we Yeah. Okay. So we need the the uh Yeah, representative come up. Good evening. Samuel from We Buy Houses. Simple answer. Name. It's your name and Oh, Samuel. Last name, Mahola. Okay. And
your address? Uh the um or the address? My home address was 707 Aberine Circle. Okay. Thanks. So, um Mr. Chair, real quick, I'm sorry. Um what is your position or you what how are you associated with We Buy Houses LLC? I I
filed for the company. Okay. So, you're the manager. Yeah. So, I'm pretty new for the name is great, but uh I'm pretty new in the game. So, uh but um the reason why we're in this situation is that
uh I ran out of funds completely. Uh, and so there's various reasons why that happened, but that is the actual reason why I haven't I was supposed to pull permits multiple times, but I've been running
out of funds because I I have large payments, but uh we on Friday this week, we're pulling permits. Okay. So, and that that would put him into complian. And once the permits are pulled that or pull or pulled and
approved, then that's I believe if you give him 30 days, right, uh he should be able to obtain those permits and be approved by Yeah, that's where I was that's where I was going with that question. Okay. All right. So, do we have any other questions for
the No, but you expect by Friday you should be able to pull all the permits. Uh, one one question. You're remodeling the entire house. Yeah, we we briefed Yes. including plumbing, electrical, mechanical.
Yes, there's been um regarding electrical for example. Um, we have put new recess lights. Um, you know, new Mr. Dallas, you would assist him with the what kind of permits he needs for his entire project. Okay. All right. Yeah. I
think they were already listed as far as I'm ready for a motion. We got to I just want to make sure the respondent understands the application must be submitted, the approval by the city, and the fees must be paid. That would put this violation in compliance. Okay. But you understand it.
Okay. Great. All right. So, any other questions? I'll do this one, Mr. Bill. Okay. So, I think we're You can You can be seated if you want or you can stay there. So, okay. In case number 25640, I move that the city has proven
by the greater weight of evidence the following violation of the city of Temple terrace city code exist on the property located at 707 Aberdine Circle with applicable code violation section 8-28 subsection A subsection one permit
required. This motion is based on the sworn testimony this board has received from the code enforcement officer along with any other uh evidence including photos, affidavit and a notice of violation of which is received and entered as part of the record of this
hearing. I further move that SID violation be corrected on or before June 11th, 2025. If respondent does not comply with this order or on before that day, they are ordered to pay a fine for each and
every day the violation continue past the date for compliance. upon considering the following factors. The gravity of the violation, any actions taken by the violator to correct the violation, any previous violations committed by the violator. I move that
the fine be $25 per day. We have a motion. We have a second. Second. Right. So, ready to take a vote. All in favor or excuse me, any further discussion? I forgot to add. So, okay. All right. So, take a vote. All in favor say I. I.
Oppose. Nay. No nays. The motion passes. So, if you want to come up, I'll give you the give you the standard uh uh so you've been found in violation. Fine will be in in 30 days, you'll be,
you know, out of compliance and you'd have a $25 per day fine assessed at that point. If it turns out that you can't get the permits approved in a time in in in within that 30-day period, you can come back here and ask for an extension. No guarantee that you'll get the extension, but you can you can ask for
it and we may or may not approve it. So, any questions for us? No. Clear enough? Okay. All right. Thank you. Thank you. Now, we're going to go on to unfinished business. Um, case number 24-2353, City versus James L and Joyce
A. Evans for the property located at 11305 East Queensway Drive. The deadline for compliance is midnight tonight. No, that wasn't right. That wasn't right. He's not He's not here tonight. But we don't.
No, we're on to do this. Michael Mars case. 52nd Street. I'm sorry. It's okay. Sorry. No, he's right. That's a while. That's why you can't go page three. the top. It's unfinished.
0086. Okay. Yes. Yes. I'm sorry about that. All right. We're going on to case number 25-000086 city versus Michael Morris for the property located at 13105 North 52nd Street. The deadline for compliance is
midnight tonight. And I understand the Okay, go ahead. you want to give us a refresher on an update uh just in case you guys didn't remember what the uh the case was about for mechanical electrical plumbing and some concrete work that was done at the site without a permit. Uh the gentleman is
here this evening. Uh if you have any other questions um Mr. Morris is in attendance and would like to come up and address the board. Okay. Thanks. No problem sir. Hi Michael Morris. I live at 13065 Morris Bridge Road Sasa. Just to review I purchased this house at
foreclosure. I entered contract to sell it to another person in late August. I think it was the 27th of last year. He wanted to postpone the closing of this because he was getting divorced and he wanted to close it after his divorce rather than during it. And so we signed
a lease and he was working on the property. Um and that's what these permits are about. He was doing work without a permit. Uh the permits, everything is done except they asked for
a survey. The general man the um the the general contractor said that he couldn't get anybody to do a survey until this past Monday, two days ago on the 12th. It has been done. He said when I talked to him today, he said he would get the
was expected to get the survey today or tomorrow. So, we will need a very slight extension. If I remember right, this is the case where they the guy raised the the uh
that that was part of the garage and then put Yeah. in the front and also in the garage. You raised it up because there was water that got in there and then he extended the front and that's Yeah. So, the permits have been filed. Um, as far as I know, everything's okay.
They're just waiting on the survey. Okay. And the survey has been done. So it has been completed and we're just waiting or he is waiting for the report. I'm a so owner but owner who this falls on to deal with. So certainly in less
than less than 30 days you should I it is in my best interest to get this sold as quick as possible. All right. I hope it's in five days. I hope it's in two days. That's fair. I I'll make a motion. Yes. Uh any Wait, let's Any further
questions? No. Okay. All right. Thanks, Lori. I I'll make a motion to extend this until uh June 11th of 2025. We have a motion. Second. Second. Right. Who Who uh Gina seconded? Okay. Okay. All in
favor say I. I. I. Opposed. Nays. Motion passes or extension passes. So you're hopefully I do not have to Yeah. Hopefully you don't have to come back. Hopefully we won't see you again. Thanks. Is um six. Right. Okay. For
case I'm blow it. Wait. 582. No. 4582. That's the one. For case number 24-4582, City versus Barney 6 and Jeffrey 6 for the property located at 12910 Terrace Springs Drive. The deadline for compliance is midnight
tonight. board members, just to bring you guys up to speed in case you didn't remember, this was a tarp roof uh that was um on on the uh on the site. Um and Mr. and Mrs. Six are here this evening and would like to provide the board an update.
Okay. Thanks. [Music] Jeffrey 6 12910 Springs Drive. We have good news. our our insurance has agreed to pay for a new roof. We got the
letter, signed it yesterday. So, um so I have an appointment with the roofer next Tuesday uh at 4:00 to pick out shingles and get it on the schedule. So, I just I'm here to ask for an extension to get it done. So, is the to
bring them into compliance this would be do they have to have the roof? Yeah, the roof shingles need to be replaced. Yeah. Okay. So, I'm just thinking this is 30 days. 30 days would be Should we admit the letter into evidence? Yeah. Uh, yeah. Do
you think we should admit this? I would think like it shows the letter the letter. Is that a copy or is that It's just a printed copy. Okay. So, in other words, it can you were going to give to the board any Yeah. Um, give it in. You don't or do we have to make a copy? No,
it's not my only copy. Okay. I just want to make sure there's nothing legal in here that would prevent me from handing it over. May I ask a question? Sure. Um right here.
Um I uh I'm going to recommend we not put this into evidence. Okay. Okay. Fair enough. I personally believe him, so I'm going to give him 30 days. Well, and we have we have testimony that Yep. We have the letter. I'm I'm fine with it. So,
all right. Very smart. Any other questions? Good. Good question. Any other questions for the homeowner? No, sir. All right. So, I'll Okay. All right. So, Rod wants to take care. Okay. In case number
24-4582, I move that we extend the deadline uh for the compliance till June 11th, 2025. Have a motion. We have a second. Second. All in favor say I. I. Opposed? Nay. No nays. All right. Motion
pass or extension passes. So now unless unless you have any other questions, we're you should be good. Okay. All right. Thank you. All right. Now, we're going to go to the beginning of the unfinished cases on this. You have to repeat case number 24-2353, City versus James L. and Joyce
A. Evans for the property located at 11305 East Queensway Drive. The deadline for compliance is midnight tonight. No, we're doing the So, we're doing unfinished business first. Okay.
success. That was my fault. You just read them all. Okay. So, Oh, you're not going to say anything? No, they're not present. So, that's Yeah, he's not present. So, requesting an extension. Okay. So, get rid of this.
Okay. Case number 244597, City versus Matthew W. and Kelly J. Godwin for the property located 8608 Beverly Drive. The deadline for compliance was April 16th, 2025. An
affidavit of compliance was received on April 16th, 2025. Case number 24-4945, City versus Terage Ridge Incorporated, for the property located at 5515 East Fowler Avenue. The deadline
for compliance was April 9th, 2025. An affidavit of compliance was received on March 14 March 14th, 2025. Case number 24491 917 city versus 12260 Group Incorporated for the property located at
12260 Morris Bridge Road. The deadline was April 9th, 2025 and an affidavit of compliance was received on April 9th, 2025. Case number 25-000068 city versus Crystal D. Herrera for the property located at 5401 East
98th Avenue. The deadline for compliance was April 9th, 2025. An affidavit of compliance was received on April 20 April 9th, 2025. Case number 25-000070, City versus Yanellis Pavon Medina and Ro Pedro Diaz for the
property located at 518 Coach Lane. The deadline for compliance was midnight tonight. An affidavit of compliance was received today, May 14, 2025. Case number 25-0087, City versus Philip Lightoot for
the property located at 504 Lantern Circle. The deadline for compliance is midnight tonight and an affidavit of compliance was received today on May 14th, 2025. And case number 25-0624, City versus Radiant Oil Company of Tampa for the property located at
5601 East Fowler Avenue. The deadline for compliance is midnight tonight. All right. So, do you want to go through the You can mention the leans list. The leans list if you on the leans list. Um I had three cases that came into compliance since um you received the last leans list. That's going to be part
of the record. Um, case number 22-1989 for 512 Caroline Street. Case number 24-4789 for 10910 North 56th Street. And case number
25-0620 for 5602 East Fowler Avenue. We have one more case on the regular agenda. Yep. So in this I I need to recuse myself. So I think Ernie's going to take over and I think you guys have to go through an election or there's
going to be correct. Uh because our vice chair has to recuse himself on this case. It means that we're going to have to elect a chair prom for the last case. So I'll open up nominations for chair prom. There does not need to be a
second. I'll just ask if someone will accept it. If we have more than one, we'll have a vote if we Okay. So we'll just take it from there. Nominations are open. I'd like to nominate Brian Heert. All right. And you're willing to be pro-chair prom? I'll accept. All right. Uh, any other
nominations? Seeing none, nominations are closed. Let's go ahead and make it official. All those in favor of Brian Hubert being chair prom say I. I. I. Thank you. Thank you. Okay. And case [Music]
number 25-1487 city versus Tampa Telecom Commercial Park Condo Association, Inc. for the property located at 13224 Telecom Drive. This case is before the board based on an alleged violation of section 12-768 subsection B tree removal
in development. The case will be prosecuted this evening by code compliance officer Lorie Smith. The city has evidence that the notice of violation and notice of hearing were properly served. Good evening again, board members. Lori Smith Code Compliance. This case originated April the 7th, 2025 when Temple Terrace City
Arborist Joe Ferris was contacted by a citizen lodging a complaint. My inspection that same day noted several trees and shrubbery had been removed on the east side of the property. At that time, I contacted the property manager, Provina Baba. Miss Baba stated she was
aware of some cleanup work by a tenant wanting to provide outdoor seating at their establishment. A notice of violation, notice of hearing irreparable, irreversible violation was prepared and service was obtained by hand delivery to Proina Baba on the 10th of April
2025. Mr. Chairman or uh it's okay. Prom. Mr. Prom. On April the 10th, Tom Baron, Joe Ferris, and I met with property manager Miss Baba on site to discuss the violation. Miss Baba was not aware that the tenants were going to
clearcut as much landscape as that they had, and I believe they were trying to potentially provide outdoor seating uh at their establishment. At this time, I'd like to submit photographic evidence of the violation taken by myself on the 10th of April,
2025. May I submit, sir? Yes, please. Thank you. Exhibit number one shows land clearing east side of the property. Exhibit number two shows a large oak tree the rear of the store. Exhibit number three shows land clearing east side of the
property. Exhibit number four shows the rear oak tree limb. It was a limb removed and it was larger than 10 in in diameter which requires a permit. Exhibit number five shows land clearing east side of the property. As of today's date, the side remains out of compliance
and I am seeking a ruling any question. So may I this is just for the tree removal and development. This is not for any of the other clearing any of the other building or anything? Yeah. No,
just for the uh the the trees that was the shrubbery and the trees that was removed on the east side of the property. Okay. Thank you. You're welcome. [Music] Good evening again. Joe Ferris, city arborist. Um, as Lori stated, um, I was
contacted by a resident who had concern with what was cleared out in this area and removal of what appeared to be trees that were there. Um, unfortunately, by the time I got there and got the information about the trees, what was there was removed. So, I don't have
information on sizes. Um, stumps were already gone. Um, as Lori stated, the one tree in the back, which was a grand live oak, had a limb that was probably close to 18 inches, 20 inches in size that was removed. That would have required approval and permit. Um, some
of the trees that are existing out there were also damaged, several feet in the air. I'm not really sure how that occurred when other um plant material was removed. I do have some images I'd like to present to the board to look at of um from uh Google Street View of what
was existing um compared to what's there now. Please show those to if they haven't seen we should probably show those to the U respondents. Yeah. Thank you.
When you go back, I I have a question for you on these pictures. Okay. So, this was the used to. So, on the first image, you're going to see from Google Street of what was before. The green arrows represent what trees
are still standing. The red are the ones that are no longer there. You look at image number two, that shows you what has been opened up. So, originally, this was a well established buffer to buffer the back of
a not so attractive building. And as you can see in image two, it's now exposed all of that. Um, the best I can was able to determine is that there's five trees that are no longer there that were on the image of what was existing. So, I'm looking for
replacement of those five trees. Again, unfortunately, because the trees were gone and there were no stumps left by the time I was made aware of this, I can't base replacement on DBH, which is normally what we would do on a commercial site based on the size of the
tree requires X amount of trees for replacement because those were already gone and cleared. Um, I'm asking for at least on our end, the city's end, at least five trees to be replanted to mitigate the the canopy that was lost.
So, first, I don't think these pictures would be valid because uh this is way prior to the hurricane and and these pictures when I see these what these pictures, I don't think it's caused by a human being. I think it's got So, you're saying these are probably all from the hurricane, the five they're missing.
Yeah. Well, you do understand our trees are protected, right? What is it? Never mind. Speculation. Yeah, I'm not I'm not, you know, I'm I'm just No, but all night I've heard about Never mind. The way they look from the way they look, I'm I'm seeing something that damaged by wind here. Okay. Yeah,
that's probably that's what it was. Hurricane damage. I also want to point out that in those images of what she passed around before, there was sight grading done and you can clearly see there's drainage swailes. So that may be impacted. So we'll find out this coming
hurricane season and heavy rains if it floods that building or not because they change. If there was evidence of hurricane damage, I would ask the respondents if they're here to show, hey, this tree was damaged, but the burden of proof of that is on them. Yeah, I'm not saying that. So, but you
did so you have to be careful about that. They don't look the same. I cannot I I cannot say, you know, 2023 how they look now. So, you know, and we had severe tree damages and tree causing causing a lot of damage. Also to mention
the tree in the back with the limb that was cut. The day we went out there, they had a large storage container out there, shipping container. Obviously, in order to put that in there, they had to take that limb off. I mean, I'm not talking about the tree, you know, because that's uh uh your job because of the percentage
and they did that. So, I'm I'm with that, you know, not to cut without having a permit. But, Ron, and we're not here to hurt a business, a small business. We're here to make sure that the city's interests are being protected along with the
respondents. So, let's hear all the evidence. Okay. I have a question. Question. Yeah. For for Lori. [Music] Um, it's it's not mentioned on here, but all of this work, did it require a
permit? Yes. Taking the taken these trees down. Uh, yes. I would say it definitely would have required a permit. Had uh they had Joe been approached. I'm sure that he would have required a permit to remove these the trees that
were from that east side. Is it just the trees that would require the permit to be removed or is it the clearing of like the underbrush and stuff too that the underbrush wouldn't have required required a permit but it definitely opened the space up as you can see from the two different pictures. I mean the shrubbery there's nothing that we can do
as far as what was removed as far as shrubs Dave but the trees yes we can uh to uh do outdoor seating is there additional permits for uh drainage um concrete etc the
construction of of a place for people to congregate um let Dallas answer that If if they're going to do outdoor seating, yes, it requires zoning approval as well as permits for any concrete that's placed, uh drainage issues and all that. Another item that's
here is where they open up the rear of the building. Zoning requires a vegetational buffer between street and the building. Okay. They've now cleared that. So I mean in this there's only one violation. Are there multiple like
potential violations when they bring in the permits to do their outdoor seating? Oh, okay. That's when it clears add on also with that other information zoning requirements that going to be placed on it. This is only a tree removal. Correct. I case, right? Yep.
Irreparable. All okay. Um, can I ask Mr. Ferris a couple of questions, please? Can I steal that paper? Paris, you said that you uh received a call from a resident uh about the situation, correct? And did they say that they were removing trees at the time that they
were there? Yeah. That they saw that the trees were being they were um at another location, another um Yeah. restaurant. Oh, that was there. Well, yeah, but the call you got said
that they were removing Yes. Yes. And do the uh respondents want to come and speak as well? Yes, they do. Please register an agent here who would like to come up and address the board. Thank you, sir. Thank you. Just name and
address. Yeah, my name is Suduri and uh my address is 13224 Telecom Drive, Temple Terrace, uh Florida. And can I quickly ask what's your relationship to uh the telecom commercial park condos?
I'm Yeah. Um I am the president of the condo association. I'm the president of the president of the condo association. Okay. So I I've been president of the condo association since 2017. Um we I mean we had several issues with
uh you know with the so many uh in the property like in the in the in the property and around the property. So we have resolved so many issues and we I mean we never tried to violate anything or we never we are never violated in the last seven years. So and we try to
improve the pro um in the surroundings of the property and uh no one has done seal coding so far but we did it in the you know to to make it look better. So uh the intention here is not to violate anything but the the tenant I mean because it's a hidden property it's not
like road facing where people can see everything and all that. So the uh and first of all I'm not able to fill my it's still 50% vacant because it's hidden and and tenants are not really interest showing it and there are not many potential potential tenants uh to
fill the space. So luckily I was able to fill the space. I mean before I before I purchased it was 100% vacant. So I did so much I put so much effort to fill the space and I did so much work and I did so much of renovation. So so I put so
much of effort to uh to to bring the businesses to the to the to the premises to the uh to the to the building. So, so the uh this so they they just recently wanted to do some outdoor seating as as he said. So, and uh we approved the
outdoor seating for them. I mean as a from landlord side I mean uh we approved the outdoor seating. So there were some shops over there and um so they and also recently there's another restaurant called um Coji Cafe and he also I mean
moved to the next door and he wanted better visibility from the from the road. So he asked us to remove some shrubs over there. There were like some big shrubs and they were growing very high and then they were not they were not trees actually. So then we called
three company to remove the straps. So they removed the straps and then as part of in that process so the tenant this um the flavors restaurant tenant also wanted to uh do some um do some work. I mean they asked him to do some work so
that they could provide the outdoor seating for the for their customers. So in that process I think we as per my knowledge uh we removed we told the tree company to remove the some shrubs but I'm not aware of these uh I'm not aware of any of these trees that were removed
from I mean I don't have any knowledge of it I didn't authorize anyone to do this so these trees first of all the trees that were removed I I mean personally I did not authorize anyone to uh remove these trees uh so if these trees were removed I mean it was I'm not
sure how this this happened. But uh the pictures that show here, so I we didn't remove the any of these. I mean I I I don't know how these trees were removed first of all. So I'm going to investigate this and then I can get back
to you. But um so the tenant said that there was one tree that was falling on the or was about to fall on the on the building. So I think it's probably um so something like this. So this is probably going to fall on the street too. So it is it's almost it's it was it was worse
than this. It was about to fall on the on the building itself on their restaurant directly. So they said that uh it was in a very bad situation and from it it was it was it was result of Milton hurricane and then so it was
almost about to fall and then to protect themselves they said that they removed one tree that uh that was about to fall I mean from the you know from the hurricane. So that's the only knowledge I have and I didn't authorize them to remove or they said that to protect you
know for the safety of their people they had to remove one tree that's what I that's what that's knowledge I have right now so uh but uh we didn't we didn't authorize anyone to remove any trees here now I understand that and I hate to be
the bearer of bad news unfortunately it falls on the owner of the property to be responsible right um and there's an obvious difference. We don't know how many. I know what the city is asking. Is there any evidence during the work? Do you have any photos from the start of
the process? Can you go to the company that you hired? Well, we generally if you hire So, we hired them to remove the shrubs. So, there is evidence that they removed some shrubs here because there were some shrubs before and because it was obstructing the vis you know it was
it was it was obstructing the visibility here. So then we we asked him to remove some sharps over there. That's all that's the only evidence I I can show. I don't have any other evidence that uh there is nothing else that you can show us. No, I can't because I don't the only
the only part that we authorized him to do is removing the shrubs. So I I don't know how what I should do here because I mean this if any tree was removed it it it is it happened without my knowledge. So that's
that's that's the problem here. No, and I I understand that it it's an unfortunate situation and in the last seven years we did not violate anything in in the you know we didn't have any violation in the last seven years. So since I started managing this property and although like the next I mean if you
see that seven never know I think what is that gas station for the car the racetrack. So in the racetrack side I don't know they removed several trees and so much I mean destruction they I don't know whether it was approved or not but there were so many trees in that side and so many were removed but we we
had never removed actually couple of trees were are about to fall in the backside on my building. I'm still going to ask uh ask Praina to get the approval from you to remove those trees because I can show that the roots are all almost about you know they they just we can see them. We can see the roots. It's all
they're just coming out. So I'm worried that they're going to fall on the tree. But now after so I I didn't I don't know maybe I'll ask Praina to take the permit to get the tree removed. But the trees there if they fall on the building the building is going to be destroyed or if they fall on the people the people are
going to die. So, but we we the tenants said that they had to remove one tree that was almost falling like it was about to fall like any any day or any time because the trees the from the Milton base before it was fine but so that's what happened.
Question. Um you're talking about these trees falling and a lot of clear cutting that happened. Um did you uh consult with arborist or engineers to look at what kind of drainage issues might come up? I mean did you consult with anybody aside from commercial company coming in
because we didn't authorize anyone to do anything that's why we didn't consult anyone so now we got to consult because there are a couple of trees that are almost about to fall so I mean Pavina is going to do that next week um but we didn't cons we didn't have to consult because we didn't authorize anyone to
remove the trees how long were they working out there uh how how long was the company working outside to my knowledge I think they worked for a couple of days to remove the shrubs and everything or maybe more than that, but we didn't. We just we just assigned the work to them. I don't we didn't monitor
their progress or anything. Did you sign a contract with them that you could read through and see if they held up to it? We can Yeah, we can possibly see, but uh yeah, so we can ask him what he did. I mean, he said that he removed the shrouds and uh then there's a proof that
he removed the shrouds and we authorized him to remove the shrouds. Uh so these there's some substantial changes to the property especially, you know, given the code saying the back of the property needs to have a vegetation barrier. You know, there's there's a handful of things that go into owning commercial property in Temple Terrace
that that you need to be aware of as the as the owner. So bearing that in mind, at any point did you reach out to the city to confirm what you were going to do was going to be okay or did did you just kind of approve it and move forward and
No, we we only approved them to remove the shrubs. There was no there was no other approval. Well, I mean the the imagery shows I mean even if we ignore the trees, the imagery shows that uh you know the land has been cleared with the intention of setting up seating, right? That's so that's the understood part. Uh obviously, you know, when talking to
Doug, there's going to be further permits later if you decide to do something with that property. So my question is is that before you decided to undertake this work, which is substantial on the land, even though the trees are what we're talking about, did you at any point reach out to the city and say, "Hey, look guys, I'm going to
be making a lot of changes here." I think by the time when the during that time only we got the notice from the city officer. So I mean we since we already received the notice so she uh the city officer said that we had to come for a hearing that's why we didn't
even so just within a matter of like few days 3 4 days it's not it's not that this has been going on for like long time so when it was going on that's when city officer came it came and checked this and inspected and that's when we received the notice. So it's not that we
had so much time or it was it was going on for a long time. So let me just uh just just to summarize. It sounds like what you're saying is that you didn't realize that you needed to reach out to the city. So no until until city officer told us. We didn't even Right. You reacted to looking at this and saying hey look you're doing something wrong.
Yes. That's when that's when we came that's when we noticed too actually. I mean in depth like in detail that's when we noticed it. So before that we just we knew that they were removing shrubs and we didn't we were not even I mean we didn't care because he was just removing the shrubs. But um the trees that you're
saying I mean I don't know who removed these trees on the on the on the on the on the roadside actually. I don't think uh I don't think he I don't know how these trees were removed on the on the exactly on the on the close to the road. I I don't know. Do you have any evidence
to support that? No. But one tree that is inside I mean I seen that too. It was almost about to fall. I mean they for their safety they removed it. It was like almost dead. It was completely dead. I don't know if we can. I wish they took the picture, but um Did you
take any picture of that? It was almost dead. There was no green. Well, that's why I asked if you had new photos of the process. Yeah. I wish I if I authorized I mean if I did it, I I would have taken the pictures. But um because it's he's a tenant. So for their safety, they said that they had to remove it was
completely dead. No green in it and nothing else. So it was almost about to fall on on the building itself. So they said that it was it was not safe uh uh for it to be there and they they removed that tree but it was other than that I
I'm not aware of any other u tree remole here this question for uh Mr. First, go ahead first. Thank you. Um I'm just reading over the um regulation here. Um it sounds
like you didn't hire these people to touch a single solitary tree, right? It just it happened under your nose without your consent. It happened without my knowledge. Okay. Would you be amendable to um a onetoone replacement like the
city's recommending to kind of remedy this? Would you be amendable to that? Yes, I I'm I'm okay. I'm happy to do that because if there any trees that are removed, uh so may I don't know if we can if I can plant them somewhere else because I'm afraid if if I plant them same here, I'm afraid they're going to
fall on the building again when they grow because uh so is there is there any way that I can you you can allow me to plant them somewhere else or anything? That would be something that you would have to talk with the arborist or the city about um where on the property is the best place. There might also be
codes where you have like because they said the shrubbery was supposed to be a buffer between public and the commercial building. So well I I I'm have a request here for the city because this building is completely hidden. Uh I don't know
luckily I don't know how this is this is visible now at least. Uh so this is going to help tenants inside a lot because people know that there would be there's a building inside. So well and again that's something that if you're amendable to it that's something that we can make a motion on. However as far as placement of the trees that's something
that you would talk with you would communicate with the city directly on. Yeah as per my knowledge we tenant has removed one tree but do you have do you know like how many trees we got to plant? The city was requesting five. I believe five. Okay. So are you okay? So
you're comfortable with that? I mean the five trees. This is for Mr. Ferris. Mr. Ferris, you think they removed five trees or how many trees? No. Where's based on based on what was there before? Zooming in on this, comparing these trees that are existing,
matching that up with what was on here. Yes, there's five of them that were are no longer there. And that's the best that I can come up with based on those images. We have to go on evidence received. not can I just have a minute with my tenant I just want to ask him like how
was this and without going into which I can do research I'm pretty confident what was here trees shrubs everything else was required when this site was developed okay you know that that was required buffers in there required trees that
were kept when this the we had no problem you know because one time I asked this question and so this happened after the hurricane. So there was no threat dur after the hurricane of any these trees
or you never looked into it. We were never aware of this being caused by a hurricane. This came again sound. This was issued 4725. The hurricane was in October. Would the shrubs have to be replaced as
well? No. Okay. Uh I'm sorry to interrupt here. I have I talked to my tenant. He said that uh he there's only one tree that was removed as per his I mean they removed it for their safety. The other trees were removed by the condo association the overall condo
association of the we didn't even touch them. The even my the guy who was authorized to remove the shrubs he didn't touch them. But there is another association which represents which represents which represents entire telecom uh area. So they removed the
trees. That's what he he's saying. Is there any way that they're close to the road they didn't we have to check because he's he's not he's not I mean he's not approving that he removed five trees. So I mean if he approves then I I don't
have any problem to replace but we we need to check with the condo associ the grand condo association people why they removed these trees. Do you know of any permits Joe to and you don't know every permit and that's fine if you don't research might be
necessary. Um if there were any permits to remove other trees at the property. No. And was it Barbara Um Barbara Deacon Deacon. She is the president of the overall
association. Correct. Is that of the um of telecom? Yeah. U of the DRRI of the DRRI. I had spoke with her to find out if she was aware of what was done. Um
they were she was contacted about some tree issues, but they hadn't moved forward with removing anything. So they as meaning that board that covers that whole DRRI hadn't done any kind of removals here and as far as you
know no other permits have been pulled or anything to No because I I was never called out to look at anything. It would have the only permits would have been issued if I had been out there to approve something. I just going to say that it's got to be an approval plus the permit. Yeah. Okay. Okay. So it's an
approval of the removal but it requires a permit. Gotcha. Yeah, I I'm sorry to interrupt again, but I just talked to him again. He said he's saying that these trees close to the road. I mean, very close to the road. They were removed long time ago,
it seems about six, seven months ago. I don't know who removed. He's he he doesn't even know who removed it. I mean, of course, I don't have any knowledge of any tree removal. First of all, um I'm relying on what he's saying, but he he said he said that the the trees very close to the road were
removed six months ago. There any evidence of that? I was going to say, is there any are they close to power lines like where Tiko might have come out and done it or um I mean generally they just trim the things on the line, but you said you've
been the president of the condo association for five years? Seven years. Seven years. And this thing this was done 6 7 months ago. Yes. That's so it' still be the same situation just a different time frame, right? Yeah. Different time frame. Okay. So still the
removal of five trees. So I mean 7 months ago actually we didn't we didn't they didn't even have knowledge. I mean they didn't even have a plan to have outdoor seating 7 months ago. So they didn't even think about that time. They didn't even I mean they didn't even want to remove the shops because they didn't
have any plan. So recently like about uh after Milton I mean I don't know maybe recently right so that's when they started talking about removing the shrubs and all it's not only him there's another restaurant in the in the in the premises so they also want asked me to remove the shrubs that's why we started
working but close to the trees close to the road road were removed 7 months ago as per his knowledge so it was yeah we didn't do it but uh yeah that's one thing I can say now Can I ask a question
based on that? The trees close to the road is that still on property that you are in control of as the uh we commercial park that is no the the No, that's not our property actually. It's about uh 20 50 ft away from the road,
right? About 50 ft. 50 32 32 + Yeah, 30 about 30 ft. We have some setback over here. So I it's about 30 ft away from the from the road. 30 or 50? I have to check the survey, but it's not it was not in our property. These these are not
in our property at all. So I'm I'm sorry. May I address the board? Um, it sounds like then we should really be having a conversation about the 18 in on the grand tree then rather than all five because that is no not on
their property. Should we ex well maybe extend the five for until next month and verify whether or not Yeah, it looks like they're putting their heads together trying to figure this out. I think that's continue this case. Continue this case. figure out
what an action. I I I will entertain a motion, but we can give them a med. Who you said? You said your tenants took down those trees six, seven months ago. No, no, we don't know who I mean, he he thinks that they were removed six, seven, six, seven months ago. So that's
[Music] um but I'm happy to uh just for the record by he can do you want to say your name and address? Yeah, just come because if we're taken otherwise it's hearsay. Yeah. No, no. I I I'm fine. Okay. My name is Madar Kalakuntla. I'm I
mean I'm a tenant of 13418 Telecom Drive. Okay. We own a restaurant there. They see flavors. Yes. And and you're saying that the trees from your knowledge were removed six, seven months ago. The on the on on the road the road. There are still stumps. The stumps are a little dry. You can we can still figure
that out. They were removed and there were already a couple of dead trees also there on the top. Okay. Okay. that that's I just wanted to make sure it was on record so that it wasn't like you communicating to him to us. So that's all I need. Thank you. Um Mr. Chair, I
would like to entertain um just the board with this little factoid real quick. Yes. Um there is a formula for the additional penalty. It's circumference squar divided by four * pi. So the
the time four * pi four Yeah. Four pi four pi. So you're an engineer, Rod. After measuring the circumference four 6 in above grade. So there's a really specific numerical value to how we assess what the penalty
is. So it' be 10^ squ* 4 pi. Just going to pass this on down. And uh Mr. Chair Proin Mr. Proin um in the photograph that has the arrows on it that has been provided to you all. Yes.
If you notice, there's a hedge. Mhm. And the hedge certainly appears to be street side of all these trees. So, we're not sure what's being meant by the trees close to the street.
What I think we'd like to do is if we could continue the case, kind of ascertain where these trees are or were in relation to what they're saying with what the property line and what they're
responsible for. Okay? Obviously, if they if this isn't on their property or property they're responsible for, you know, we wouldn't want to have them penalized for that. So if you can give us that opportunity, I really don't think that, you know, that hedge seems
to be very telling. It seems to be in front of all these trees and not, you know, the trees are not street side of this hedge. Okay. But at least let let us uh ascertain if we can where this line is on here because we would not want to make them responsible for trees that were not on their property. But I
mean, we're suspecting it's still on their property, but but give us that opportunity. So it better be safe. Um, so I will entertain a motion. Hold on. It's the irreparable. Uh, no. I continuous. Oh, yeah. Yeah. I
I uh I would like to make a a motion in case number 25-1487 uh to continue this case till uh the our next meeting on June 11th, 2025. All those in favor? I second. Oh,
second. Sorry. Second. Robot there. I I All those in favor? I motion passes. Any other? Just wanted to say we're continuing the case. We're going to check that. We'll probably be in touch with you. Sure.
Thank you. All right. Thank you. Okay. Thank you. and and would like also some more pictures of of the actual trees that been removed. I wanted to see they're all Oh, they got He said there's some stumps in the ground. The stumps are gone. Oh, they just took everything
out. Oh, okay. We may have a few more photographs. We might be able to We think we may have some um trees since we cannot visit the site or No, I guess and Okay. So, I I'll clear it up. So, we're going to continue this until next month. Uh just we the city wants to verify some
details. Any other evidence that you guys have that you can get I would wholeheartedly recommend that you bring in because right now we're not going on a whole lot. Um so please whatever you can find whatever you can get to us we would appreciate uh helps make your case
helps under us understand what what we're doing. Um so I I would very much appreciate that. Um, so again, this goes until June 11th. Um, do you have any other questions or anything for us at all? Um, no, I don't have any questions.
Thanks for Yeah. Yeah. One thing you I think you had testified that there was a tree that is leaning now that you're concerned about. Realize any tree that gets removed, you need to check with the city. No, no, no. That's I didn't I
didn't notice. I mean I didn't notice really well. You can tell him like it's not that I'm just talking on his behalf. Actually he's the tenant. I just want to be sure that you know that even if it's leaning you need to check you know get with the city army. Can I just ask a
question? I I totally agree. So it was even that happened without my knowledge. So they were the tenant was worried. He's the one I mean I'm just talking on his behalf. So he's he was worried and his staff was worried. So that's when they removed it. But I that also happened without money. All One sec. One second. Yes. Sorry. I have a question
actually. You're saying that they submitted an application for outdoor seating. How big of an area did you approve for this outdoor seating? No, it was a verbal. It was only just verbaluh conversation. Would I didn't receive any anything in writing. It was just a verbal conversation that they asked me
if I would approve the outside seating. I said I would I would approve outside seating if city if if city allows it. And the reason why I asked that is I want to know how wide you're going to allow them to go with pavers go into that area that was I mean actually my
ask was uh I don't know whether what is the landlord you need to come up with also he did introduce himself already I we did that I mean our our ask was you know how much is the is the property that belongs to the landlord well that's something how much we can do based on that you know I want to get a plan
approved plan layout from the city yeah I would say talk when if the city's coming out anyway I would say try to set up an appointment with them um to where you could be there and they can talk about what you're able to do, what you're not able to do and you guys can kind of get a plan from there. The whole idea is to just clean that place because
there are a lot of you know uh the snakes, rats, everything is coming into the property and you know because of that we had some No, I totally understand. You want a place for your people to sit. I get it. Um, I'm saying the city are the they're the ones that know everything um the best and what you need to do to make sure that it's safe
for you and for the city, the runoff, all of that. So, I know I appreciate it. Thank you guys. Okay. Any other questions? Okay. And was that the last game? Mhm.
Do you uh Oh, play us out. Motion to adjurnn. Motion to adjurnn. Well, someone someone has to second. All All those in favor. I motion carries. Look at that. I get
to Heat. Hey, Heat. [Music] [Music] [Music] [Music] [Music] Heat. Hey, Heat. [Music]