The New Castle City Tree Commission Meeting took place on February 7, 2005 at 5:30 p.m. in the City of New Castle’s Town Hall.
Members Present: Chip Patterson, Chairperson
Susan Keyser
Irv Thatcher
Fran Peden
Lillian Shue
Mark Miller
Matt White
Chandler Gebhart IV
Chairperson Patterson called the meeting to order at 5:35 p.m. He informed the group that Chandler Gebhart has been appointed by the Trustees to work on the Tree Commission. Chandler said he brings no agenda with him and looks forward to working with the other members of the Tree Commission. He encouraged the group to contact him any time with matters concerning this commission.
Report of Commission Members
Susan Keyser – nothing to report
Irv Thatcher – Chairperson Patterson asked Irv if there has been any official reaction or decision concerning the letters from the insurance underwriter that indicates trees labeled as dangerous be taken down. He is not aware of any response or decision. Chairperson Patterson asked
Mr. Gebhart if any official letter was ever sent to the Trustees. Mr. Gebhart responded that to his knowledge no action has been taken and he has not seen the letters in question. Chairperson Patterson informed that the underwriter talks about the authority of the Tree Commission and that we need to take necessary actions. I wrote a letter on behalf of the Tree Commission to City Council discussing jurisdiction. He has not received any response to date. It seems like the City is ignoring the letter. He is wondering whether the City has any official notification. He asked the members if they feel we have done what is required of us or is there some other action we should take? Ms. Keyser feels we have acted accordingly, but perhaps a follow-up letter should be considered. Mr. Gebhart feels that the Tree Commission has at least responded to address the insurance underwriter’s letter and if the City has not sent the carrier a response, they are remiss. He is unsure if the Trustees have received a letter from the insurance underwriter. The letters in question changed the number of trees labeled as “dangerous” and we still do not have an exact number or a list of the trees deemed to be dangerous. Matt White does not feel a letter to the insurance company should come from the Tree Commission since it was not sent to us. Since we don’t have a list of trees they feel are a liability, we can’t be held responsible. Mr. Chandler suggested sending a letter to the Trustees and let them discuss and give guidance to us.
Ms. Keyser restated she feels a follow-up letter should be sent to the City Council; some people were already upset the Tree Commission had a copy of the letter. Mr. Thatcher raised a concern involving the path at the park where an incident involving a motorbike accident is centering on the condition of the path. There were some cracks in the path and they are being repaired to avoid trips or problems with skaters. How the incident occurred is questionable, and the path is not felt to be dangerous.
Mark Miller made a motion that ______________. Ms. Keyser seconded the motion which passed.
New Castle City Tree Commission
February 9, 2005
Page 2
Chairman’s Report
Tree Ordinance Discussion – There was a public meeting on 1/31/05 to discuss issues concerning the establishment of a Tree Ordinance. Jackie Seneschal, City Planner, ran the meeting. The issue that derailed her agenda was the question of right of way and who would be responsible for trees in the public right of way if they were determined to be privately owned versus trees the City may have planted or planted on lands the City owned. There was no resolution to this issue. Ms. Seneschal said she would be giving a report to City Council at its 2/8/05 meeting and Chairperson Patterson feels we should have some representation at that meeting. Chairperson Patterson will attend and encourages other members to attend as well. A discussion followed about establishing a tree ordinance in the City. Some members felt the Council President was trying to get something developed before he leaves office while another member expressed doubt that all City Council members had read the Tree Commission’s version of a tree ordinance.
Mr. Gebhart suggested if the Tree Commission is comfortable with its version, wait 2-3 months and see what Council we get and then reintroduce the ordinance. He does not feel the Council President is trying to get something done before he leaves office. Chairperson Patterson said he would not reintroduce that ordinance; rather he would like to see the Tree Commission have public hearings. The whole process should go through the Tree Commission. Mr. Gebhart said the ordinance has to be passed by City Council. It’s their job to write and pass a tree ordinance and I think with a new council they would rely on us for a good ordinance. The Tree Commission can be the guards of that ordinance. He believes the Tree Commission should be responsible for the maintenance, removal and upkeep of trees in New Castle. Mr. Gebhart suggested going to the 2/8/05 City Council Meeting and inform them that the public meeting raised more questions than answers. The Tree Commission is asking for a couple of months to allow the City attorney to do research and request the matter be tabled.
Spring Planting – Mr. White will get a list to Ms. Keyser. The issue of who will do the planting is not settled and Mr. White will expedite this process.
New Business – No new business was raised.
Jefferson Davis of East 4th Street, candidate for City Council President – Mr. Davis said he feels the current City Council wants to take their time. He mentioned establishing his own ordinance. He already has the framework for it and it would involve input from everyone. He doesn’t believe requesting a delay in the process is beneficial because the process won’t be complete by 4/9/05. He suggested the Tree Commission submit a dollar-based budget showing how the $20,000 received from the Trustees was spent the prior year and what could have been done had the Commission had more funding. Chairperson Patterson said the City has always asked the Tree Commission to submit what funding they want. As a rule we try to hold about $5,000 in reserve for storm damage or other emergencies.
New Castle City Tree Commission
February 9, 2005
Page 3
Adjournment
The meeting was adjourned at 7:30 p.m.