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The
New Castle City’s Tree Commission Meeting took place on October
5, 2009 at 5:30 p.m. in the City of New Castle’s Town Hall.
Members
Present: Chip Patterson, Chairperson
Susan Keyser,
Co-Chairperson
Erv Thatcher
Nancy Coning
Fran
Peden
Mark Miller
Member
Absent: Tom Truman
City
Personnel: Roger Akin, City Solicitor
The
meeting was called to order by Mr. Patterson at 5:35 p.m. Roll call
was taken.
Approval
of Minutes – Mr.
Thatcher made a motion to approve the minutes of the June and August
meetings. Mr. Peden seconded the motion which was approved
unanimously.
Petition
to Stop Work and Temporary Moratorium
– Mr. Patterson stepped down as chairperson for this matter;
Ms. Keyser presided as co-chairperson. She suggested setting ground
rules in advance of discussion to allow all parties to speak but keep
their comments solely related to the trees on the property. Fellow
Commission members were in agreement.
Mr.
Bayard Marin, counsel for John Wheeler and Katherine Klyce who have
issued the petition, presented to the Commission. Mr. Marin stated
that there should be a complete investigation into how the trees at
101 West Third Street were felled; what led up to them being felled
and who authorized the work. He is concerned with compliance and
non-compliance with Tree Commission rules as well as failure to
disclose information to the Tree Commission. Mr. Marin asked that
Mr. Patterson recuse himself from this hearing because of his prior
involvement with the matter. Mr. Patterson had no issue with
recusing himself. A quorum is still in place after Mr.
Patterson’s recusal.
At
this time Mr. Tracey informed that Mr. Thatcher also participated in
removal of the trees. He was the person who was onsite when the
request was made by his clients to remove the trees. Mr. Thatcher
then communicated the request to Mr. Patterson who then communicated
to Mr. Thatcher that the trees could be removed. If Mr.
Patterson is being asked to step down based on his participation in
the decision-making process, then Mr. Thatcher is in the same
position. Mr. Tracey does not have any trouble with their
participation but wanted to ensure all parties were aware of the
circumstances. Mr. Marin agreed that Mr. Thatcher should recuse
himself which would then effect the quorum. (Discussion
followed.) Mr. Thatcher
said that roots were removed from trees about 3-4 weeks before the
trees were removed. When roots are taken away from a tree the tree
will ultimately die. The reason the roots were removed was because
the City raised a curb along West Third Street.
Mr.
Akin, City Solicitor, offered that before particulars are offered on
this matter we have been informed that two (2) members of this
Commission had a role in the removal of the tree. He suggested that
this body should consider ruling on the request made by Mr. Tracey
who has asked that Mr. Thatcher should recuse himself as a voting
member on the same general principal as Mr. Patterson. Both
gentlemen can provide information relevant to the decision and should
provide that information to this Commission so they have all
background before making a ruling. Mr. Tracey has asked Mr. Thatcher
to step aside as a voting member of the Commission in this matter.
Mr. Marin has stated that he would not object to Mr. Thatcher
recusing himself and providing factual testimony only. The Tree
Commission Ordinance states that five (5) members must be present and
voting in order to establish a quorum. If these two (2) members step
aside and become witnesses rather than participating Commission
members this leaves the Commission without a quorum. (Discussion
followed about parliamentary procedure.)
Mr. Akin continued by stating that he does not want this Commission
to go forward and take action if someone is going to later challenge
that action as having been taken without the presence of a voting
quorum. He noted that if counsel for both parties would stipulate
that the four (4) remaining members of this Commission will
constitute a quorum for purposes of this hearing they may do so.
Mr. Tracey and Mr. Marin both concurred that they cannot agree to
a lesser quorum.
(Executive
Session was called to allow Commission members to receive legal
advice of counsel.)
Mr.
Akin conferred with Messrs. Tracey and Marin about a possible
date/time of 10/22/09 at 5:30 p.m. to conduct a special meeting to
address this matter. Tree Commission members will also notify Mr.
Akin of their availability for this meeting.
Mr.
Patterson resumed his role as Chair.
Chairman’s
Report
Mr. Patterson distributed correspondence to Commission
members pertaining to various agenda topics.
East
Third Street -- Ms. Keyser reported that a large ash tree came down
during a recent storm near the home of Ms. Dorsey Fiske. The tree is
in front of two properties. Ms. Fiske informed that she would like a
larger tree than a plum tree. The Tree Commission does not typically
put in a tree as small as a plum unless there are wires present. Mr.
Patterson confirmed that there are wires present along this side of
the street. Ms. Keyser will ask Ms. Fiske to speak with her
neighbors to determine what type of tree will be requested. Mr.
Miller said Ms. Fiske does want a tree and added that the Davis’
also want a tree which has been on the tree list for a period of
time. He suggested a more majestic tree and speaking with the
homeowners first.
Bob
Rizzardi looked at the sycamore on East 6th
Street near Delaware Street and diagnosed that this tree is diseased
and recommended removal. He also looked at the tree at West 10th
Street and said it is dead and recommended removal. It is not
currently a hazard. Mr. Patterson received calls about pruning of
trees at 409 Harmony Street and removal of a tree at 702 Tremont
Street. The latter tree is an ash tree and is in the right-of-way.
Mr.
Patterson noted several trees that should be examined by Russ
Carlson.
10th
& Delaware Street – the resident is complaining about roots
in their sewer. Mr. Patterson spoke with New Castle County about
sewer lateral rules (replacement and cleaning) and where
responsibility rests. He will get a copy of these rules for all
Commission members. (Discussion
followed.)
Skip
Wample – soil testing will be done and tested by the UD to
determine what caused his trees to die. Mr. Patterson will report
the findings when they are received. (Discussion
followed.)
Members’
Report
Erv Thatcher --
there are three (3) swamp maples at 11th
& Washington Streets that need to be pruned. The palonia tree in
the park near the ticket box has branches hanging against a
structure. This will also involve pruning. There is a sycamore tree
at 242 E. Second Street that has a hole in its top that should be
looked at. There is a sycamore tree at 230 E. Second Street home
that has several branches close to the residence that needs
attention.
Fran Peden – no report.
Nancy Coning –
no report.
Susan Keyser – reported that a maple on Delaware
Street (near post office) may need to be removed; much of the crown
is dead and may be diseased. There were trees being considered under
a grant for the Third Street Extended area. We did not go through
with obtaining the grant and she inquired whether we should invest in
this area at this time. They are currently on our tree list. Ms.
Keyser reported that trees planted in this area in the past were
destroyed by beavers. (Discussion
followed.)
Mr.
Thatcher suggested holding off planting eight (8) trees in this area
until a later time when it is clearer what the Trustees’ plans
are for the area. He asked Ms. Keyser to speak with the Trustees to
learn their intentions. (Discussion
about other trees on the tree list followed.) If
the Trustees want these trees then the tree list would total 15
trees. Ms. Keyser has obtained additional names of contractors and
will send out the request for trees and bids.
Mr.
Patterson made a motion to approve the tree list as discussed. Mr.
Miller seconded the motion which was passed by unanimous vote.
Mr.
Miller – questioned a new tree that was planted on Delaware
Street where bricks were removed from concrete. He was informed it
is a cherry tree and was not planted by the Tree Commission.
Adjournment
Ms.
Keyser made a motion to adjourn the meeting. Mr. Peden seconded the
motion. The motion was approved and the meeting was adjourned at
6:50 p.m.
Respectfully
submitted,
Debbie
Turner
Stenographer
(Mr.
Miller left the meeting at 6:35 p.m.)
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