Public Works Committee

APPROVED Minutes of a Meeting of the Public Works Committee Village of Northbrook Cook County, Illinois October 25, 2016 Call to Order The meeting was called to order at 6:33 p.m. On roll call, present were Trustees Buehler, and Israel. A quorum was present. Also attending were Jeff Rowitz, Deputy Village Manager and Chief Financial Officer; Kelly Hamill, Director, Public Works Department; Terry Cichocki, Village Forester; Mark Cacioppo, Tree Preservation Officer; Emily Creer, Management Analyst; Erik Jensen, Assistant to the Village Manager; Barbara Adams, Village Attorney, Applicant Sachin Bagai; Appellant Doug Gerleman; Barbara Gerleman; and Camille Stauber Hear From the Audience There was no public comment. Tree Removal Permit Appeal – 2958 Stonegate Lane Director Hamill gave an overview of the application and appeal. He discussed tree classifications and the specific species listed as nuisance trees. Director Hamill identified the trees on the subject property, noting that the applicant asked to remove up to five trees. Trustee Israel asked the applicant why he was seeking to remove the trees. Mr. Bagai explained that the trees make his house dark and the roots are harming his sewer service. Trustee Israel asked about the trees in the back of the property. Mr. Bagai responded that the pear trees are littering his property. Director Hamill discussed Mr. Gerleman’s appeal and the specific items outlined in it, including that Mr. Gerleman feels the two Norway Spruces that are designated as landmark trees should not be considered as such. Director Hamill described the appeal process and how an appeal would be forwarded to the Village Board for final consideration and review. He then showed an aerial display of the property, photographs of each tree included in the application, and pointed out the specific trees discussed in the application and the appeal. Director Hamill reviewed staff’s assessment of the application and how decisions are made regarding the health of trees and potential landmark status. Finally, Director Hamill presented the issues before the Committee. Trustee Buehler asked when Tree Preservation Officer Cacioppo was last at the site and Mr. Cacioppo stated he was there earlier in the day. Public Works Committee October 25, 2016 Mr. Gerleman stated that they believe a Freeman Maple would have the same characteristics as a red maple, a landmark tree, and therefore it should have the same classification. Additionally, he discussed that a fungal blight was impacting spruce trees across the region and in the community. He felt that the subject trees would be impacted in the near future by the same blight. Trustee Buehler stated that the Village cannot make a decision based on a trend and that it had to use the facts as reported by the Village’s arborists. Ms. Stauber stated that while she was not an arborist, she is a landscape architect and has experience with stormwater issues. She discussed the process of the fungal blight and that the trees that could be impacted by the blight are the ones primarily blocking the applicant’s house. She further stated that the characteristics of a hybrid tree cannot be broadly stated but that the silver maple in question has the characteristics of a red maple. Trustee Buehler stated that the Village’s arborists believe the spruce trees in question are healthy. Ms. Stauber stated that tree health can vary. Trustee Buehler stated that staff had been onsite earlier that day and found the trees to be healthy. Trustee Israel stated that the question is the status of the silver maple. Mr. Bagai stated that he felt the Gerlemans were good neighbors. He further stated that his primary issue is the light entering his house. He reviewed the history of his purchase of the home and his discussions with the Gerlemans. Ultimately, they asked him to save the silver maple and he stated he would if he could get rid of the spruce trees in lieu. Ms. Gerleman stated that Mr. Bagai was also a good neighbor. She further stated that if the maple in question was removed and the spruce trees would need to also be later removed, his lot would be barren. She felt it was important to preserve some trees on the property. Mr. Gerleman stated that the silver maple is typically not considered a landmark tree because it is not typically maintained. He stated that he had previously hired Davey Trees to maintain the maple, and they feel it would continue to be healthy and beneficial. Trustee Buehler stated he understood but that would not be considered under the current ordinance. He stated the Village could look at changing at a later date, but the rules have to be enforced as they are written. Mr. Gerleman asked if anything could be done at this time. Trustee Israel stated the Village could consider Mr. Gerleman’s points later. Mr. Bagai pointed out that other trees are on the property. Trustee Israel stated that his preference would be to take the spruces and keep the silver maple. 2 Public Works Committee October 25, 2016 Trustee Buehler asked what Trustee Israel would propose as a solution. Trustee Israel stated he would favor waiving the removal fees for the spruce trees due to their positioning and their impact on the sewer lines on the property. Trustee Buehler asked the Village’s arborists if they felt the silver maple was responsible for the plumbing issues on the property. Mr. Cacioppo stated that the Freeman maple was more likely to be causing any damage to the sewer line. Mr. Gerleman stated that if both the applicant and he agree on a course of action. He stated he would work with the applicant to prevent rooting issues with the sewer. Trustee Buehler stated that he appreciates Mr. Gerleman’s offer, but that any arrangement made would only be between the applicant and himself and would not necessarily continue if a new occupant moved into his home in the future. Deputy Village Manager Rowitz asked Trustee Israel if he still favored waiving the removal fees for the spruce trees. Trustee Israel stated either a portion thereof or in full. He does not want to set the precedent, but that it made sense to him in this case given the benefit to the homeowner. Deputy Village Manager Rowitz asked the applicant if that would be agreeable. Mr. Bagai stated he would like to keep the spruce and remove the freeman maple. He stated that the sewer lines could be rodded year over year, but that it would eventually damage them. Director Hamill stated that in order to waive the fees, he was looking for clarification on the justification for future cases. Attorney Adams read the basis for the waiver of the fees present in the ordinance. She clarified that the Committee would need to make unique findings and not precedent setting findings. Based on the language presented, Trustee Buehler asked if any of the trees being discussed could be called a hazard. Trustee Israel asked the Public Works staff if they had any information which could support the view that the spruce trees could potentially die. Mr. Cacioppo stated that there is always a chance that any tree could die. Forester Cichocki stated that there are some spacing and light conflict issues between the spruce trees and Freeman Maple and that a waiver could potentially be made based on that issue. Eliminating one or more of the trees could potentially mitigate that conflict. Trustee Israel asked Village Forester Cichocki her opinion. She stated that based on the current spacing of Freeman maple and the 13-inch Norway spruce and the overcrowding that is occurring that on arboricultural standards she could recommend their removal.. Trustee Israel stated he would be agreeable to that suggestion. 3 Public Works Committee October 25, 2016 Trustee Buehler asked Mr. Bagai for his opinion on that potential solution. Mr. Bagai stated that the problem is essentially symmetric on both sides of the photos presented with either the Freeman or silver maple competing with the spruce trees. Ultimately, he stated he would like to remove all the trees in the front yard. Trustee Israel clarified that the current conversation was regarding the freeman maple and smaller spruce trees and potentially waiving any fees for those two trees. He further stated he thought some trimming may also prove beneficial for the remaining spruce tree. Mr. Bagai asked Forester Cichocki if there was a root conflict between the silver maple and spruce trees. In response, Ms. Cichocki stated there is most likely just a light conflict. Mr. Bagai stated that the remaining spruce tree would likely still block light to his home. Ms. Stauber suggested trimming of the remaining spruce would likely be beneficial for that problem. Ms. Gerleman stated that she thought the larger spruce was particularly dense. Trustee Israel stated that trimming in combination with the removal of the 13-inch spruce and freeman maple would likely improve the situation. Mr. Gerleman stated he thought it was a good compromise. Trustee Buehler asked Mr. Gerleman if he would be willing to split any removal fees for the spruce trees. Mr. Gerleman stated he would rather wait for a year to see if the tree succumbs to the blight before making a commitment. Attorney Adams reviewed the permit and appeal procedure and asked for direction from the Committee. Trustee Israel recommended that any fees for the freeman maple and 13-inch spruce be waived based on good forestry practice with the condition that the silver maple and larger spruce be maintained for the next two years barring any outside acts causing them damage. Trustee Israel moved and Trustee Buehler seconded a motion approving the recommendation. On a voice vote, all were in favor. Adjournment The meeting was adjourned at 7:45pm. 4