Bainville Council Discusses Liability For Tree Removal And Precedent Setting

Community News Staff What to do with a large dead tree was a topic of discussion during the Bainville Town Council meeting held on Monday night, Aug. 10.

During the public comment portion of the meeting, a resident explained that lightning struck a tree on Evans Street during a recent storm. She added that an insurance agent feels the tree, which is located on a boulevard, should be cut down. She expressed safety concerns because many children play in that area.

After reviewing city policy, Mayor Dennis Portra and council member Chuck Hyatt said that the town has control over trees on boulevards but the policy doesn't state specifically which party needs to pay to have a tree taken down.

“I think for the safety of the public, we should just take care of it,” council member Travis Wills said.

Portra worried that if a large storm would destroy 15-20 trees that the town couldn't afford that size of a bill.

There was also discussion whether the landowner needed to repair the sidewalk if removal of the tree created damage.

Town Attorney Greg Hennessy explained about the expense of the tree's removal, “If you have control, it’s kind of the town’s baby.”

Hyatt made the motion to receive estimates for removal of the tree and for repairing the sidewalk. Once estimates are received, a decision can be made. Wills seconded the motion and it passed.

The council received a dog atlarge complaint. Hyatt said the typed complaint should be forwarded to the dog's owner.

Public works director Lyle Lambert said the sewer line repair for Rhea Avenue to Flynn Avenue will probably cover two blocks.

Discussion took place during the second reading of an ordinance that would include shipping containers as movable storage structures. There were, however, some concerns with the wording. A motion to approve the second reading failed. An amended version will be brought forward at next month's meeting.