At the August 14 meeting, city council took time to hear from Building Inspector Jacob Coburn regarding the drafted tree cutting ordinance presented for reading by the Planning Commission.
Coburn’s presentation was critical of certain aspects of the ordinance including the lack of the number of times the commission meets as the Board of Zoning and Adjustment. Coburn said that the most common applications he sees are for tree cutting and removal, and that the lack of BOZA meetings (which are where tree cutting applications are approved) could present a code enforcement problem.
He gave an example of a tree on a property that is either dead or hazardous and presents an immediate danger to property and infrastructure. Coburn said that if applicants have to wait a whole month before their application is seen, they may not be willing to move forward or the tree may come down, causing damage that would be financially burdensome. He also explained the time between meetings may cause a property owner to lose out on an estimate or even the time of contractors, causing them to have to wait longer for their services.
Coburn also pointed out that the ordinance would make applications a flat $40 unless the application regards a dead tree, in which case there would be no cost. Coburn suggested that the city have a fee based on the amount of work needed. The new ordinance also does not include the power for the building inspector to approve a tree cutting, but instead all tree cuttings go to BOZA. Coburn was concerned if the tree being cut is hazardous, waiting for the BOZA meeting could cause property damage.
Aldermen were quick to voice opposition to a fee structure based on the overall cost of tree removal. Terry McClung said that it seemed Coburn was “driving the price up big time.” Coburn pointed out that many other permits the building inspector handles have a fee based on cost of the project.
Coburn argued that the city is missing out on money by having a flat $40 fee. Aldermen tossed the idea about but chose not to change the fee structure, with several citing that the cost of tree cuttings could already be astronomical and adding to that cost would be the wrong direction.
Aldermen chose to have another workshop to work on the ordinance.
B&B CUPs given the boot for one more year
The Planning Commission requested that council extend the B&B moratorium another six months to give more time for Planning to identify non-compliant businesses failing to pay their CAPC tax. McClung questioned the amount of time for the moratorium, arguing that council might as well make Conditional Use Permits for B&Bs not applicable permanently, as Planning was effectively doing so with continued moratoriums.
Alderman Melissa Greene said that the issue was not B&Bs themselves but the amount in town that are taking over residential districts. She said that right now the city does not need more B&Bs. Harry Meyer agreed saying that attrition seemed to be working in lowering the number of B&Bs.
Planning commissioner Ann Tandy-Sallee explained that Planning was working with the CAPC to get all businesses under compliance. She said that there were several businesses operating as B&Bs that had either never paid CAPC taxes, were not submitting monthly reports, or both.
Aldermen voted to amend the moratorium to last a year with McClung being the only dissenting vote. Resolution 845 to extend the moratorium to a year was approved with the same vote breakdown of 5-1.
Other Items
- Resolution 846 to establish a temporary entertainment district for Bikes, Blues, and BBQ at Pine Mountain Village passed unanimously.
- Vote on an ordinance vacating a portion of Maine Ave. and Fuller St. was deferred until November with aldermen wishing to revisit the site when there was less foliage visible.
- Resolution 847 passed unanimously for the city to apply for a TAP grant for a pedestrian tunnel underneath the future roundabout at the intersection of Hwy. 23 and U.S. 62. McClung did question if the tunnel would be left half built if the cost went up in the future with Mayor Butch Berry saying he didn’t know if that cost would go up, “I don’t have that magic vision.” The city will be responsible for $147,250 of a total $746,000.
- In Public Comments business owner and resident Karen Lindblad spoke against future temporary entertainment districts saying that the city did not need more alcohol on the streets. She also lamented a “Whirli-gig for traffic” saying there were other infrastructure issues the city needs to address. When told her time was up she said that three minutes was not enough to speak on everything.
- Resident Pat Matsukis also said three minutes was not enough time for the public to speak their mind. She questioned the need for a roundabout without a city planner and accused the mayor of telling the state that they needed a roundabout. She said no one has ever spoken about a stoplight. She called the pedestrian tunnel a “joke” and asked if it would “be the new homeless center.” She spoke against entertainment districts and the hiring of an Auditorium Director.