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04 <br />DESCRIPTION & CONDITIONS: <br />In October, 1986, Mr. William DeBraal, Indian River County <br />Urban Forester, received recognition from the American Forestry <br />Association's National Program of Big Trees for nominating the <br />largest reported Simpsons Stopper (Myrcianthes fragrans) tree <br />growing in the United States. The tree is located in the 2500 <br />block range of 58th Avenue, in Indian River County; the trustee <br />of the property is Mr. Ty Tarby of Ty Tarby & Associates, <br />Winter Park. <br />This memorandum is presented so that the Board of County <br />Commissioners may consider designating the. Simpsons Stopper to <br />be a "Specimen tree" of high value, in accordance with the <br />Indian River County Tree Protection Ordinance No. 83-41 (as <br />amended by Ordinance No.- 86-57) . <br />ALTERNATIVES & ANALYSIS: <br />Section 23J -5(n) of the County Tree Protection Ordinance <br />defines "Specimen tree" as: <br />"A tree which has been determined by the County <br />Commission, following input by the environmental <br />planner, to be of high value because of its type, <br />size, age, or other relevant criteria, and has been <br />so designated by the county commission in the official <br />record books following a public hearing with due <br />notice by certified mail to the owner." <br />The Simpsons Stopper is a protected tree under the Tree Protec- <br />tion Ordinance, in that it is over 8 inches in diameter. While <br />designating it as a Specimen tree will not afford additional <br />protection under ordinance criteria, the designation will serve <br />a purpose of alerting County staff that the tree is of excep- <br />tional value, and therefore should receive special considera- <br />tion for protection. <br />RECOMMENDATIONS: <br />Staff recommends that the Board of County Commissioners adopt <br />the attached resolution designating the described Simpsons <br />Stopper tree to be a "Specimen tree", in accordance with the <br />County Tree Protection Ordinance. <br />Commissioner Eggert questioned why the tree has to be <br />recorded in the "official record books," and Attorney Vitunac <br />advised that it would not be a limitation on the title, but it <br />may interfere with any purchaser's intended use of the property <br />such that he could get out of the contract, i.e. if the <br />purchaser's use required that the tree be cut down, that may <br />interfere with the sale. Otherwise, it would not put a cloud on <br />the title. <br />Commissioner Bird asked how this designation would affect <br />future development there, and Planner Roland DeBlois explained <br />37 <br />SEP 22 1987 - Bou 69 PnE 521 <br />