Village of North Barrington Environmental and Health Commission met June 6.
Here is the agenda provided by the Commission:
1.Call to Order, Roll Call
At 7:06 p.m. Vice Chairman Aylward called the meeting to order and Elia Torres called the roll:
Present in Person:Vice Chair Linda Aylward, Rob Haas, Vance Antoniou, Marilyn Lawlor
Absent: Laurie Cameron
Also Present:Susan Allman, Village Forester
Patty Kalinowski, Village Trustee
Elia Torres, Deputy Village Clerk
2.Approval of Minutes from the Environmental and Health Commission meeting
The Minutes of the April 4, 2017 Environmental and Health (“E&H”) meeting were made available to the commission members.
Motion: Rob Haas moved to approve the Minutes of the April 4, 2017 E&H meeting; seconded by Marilyn Lawlor.
Discussion: There was no discussion.
Vote by Roll Call:
Ayes:Vice Chair Linda Aylward, Rob Haas, Vance Antoniou, Marilyn Lawlor
Nays:None
Absent:Laurie Cameron
Abstain:None
Vice Chair Aylward declared the Minutes of the April 4, 2017 E&H meeting approved and put on file.
3.Public Comment
Trustee Kalinowski thanked the E&H for having her as Chairman of the E&H, and thanked the commission for assisting at the spring event.
4. Elect an E&H Chairman and Vice Chairman
Vice Chair Aylward suggested that the E&H select a Chair for the E&H, now that Ms. Kalinowski is appointed as a Village Trustee. There was discussion regarding recommending Mr. Haas as Vice Chair and Ms. Aylward as Chairman of the commission. Mr. Haas declined the proposal. Ms. Aylward accepted the proposal as being the Chairman of the E&H.
Motion: Marilyn Lawlor moved to recommend Linda Aylward as Chairman of the E&H; seconded by Vance Antoniou.
Discussion: There was some discussion.
Vote by Roll Call:
Ayes:Rob Haas, Vance Antoniou, Marilyn Lawlor
Nays:None
Absent:Laurie Cameron
Abstain:Vice Chair Linda Aylward
Vice Chair Linda Aylward declared the motion approved and sent to the Village Board for approval.
5.Recap of Spring Event April 22, 2017
Vice Chair Aylward advised members of the E&H to turn in any receipts for reimbursement to the Village Administrator for items they may have purchased for the spring event. Ms. Lawlor stated that the spring event was a success. She indicated that the children who attended seemed to enjoy the craft activities and cleaning up Eton Park. She noted that there was a significant amount of electronics collected for recycling. Vice Chair Aylward inquired about whether anyone had an approximate count of how many people attended the event. Trustee Kalinowski estimated about 100. Trustee Kalinowski indicated that there was approximately 60 pounds of shoes collected for recycling, and approximately 6,000 pounds of electronic recyclables.
Ms. Allman mentioned that she is writing an article about the Tree of the Year to be published in the Daily Herald.
Trustee Kalinowski asked Ms. Torres if it was possible to upload the photographs that she captured of the event to the Village website. Ms. Torres stated that she would forward the photographs to the Village Administrator to put on the website.
Trustee Kalinowski acknowledged Kim Ritschel, Vice Chair of the Parks and Recreation Commission for assisting with the event.
It was noted that the E&H would consider holding the event next year.
6.Discuss proposed revisions to the Heritage Tree Ordinance
Vice Chair Aylward stated that the E&H was asked to review the proposed revisions to the Heritage Tree Ordinance. Ms. Allman noted that Ms. Kalinowski, Ms. Aylward, and herself met in November, 2015, and made proposed revisions to the Heritage Tree Ordinance. She stated that the proposed revisions were sent to the Village Board, “VB”, and were on the agenda for the November, 2015 VB meeting. Trustee Kalinowski stated that there was no discussion or action regarding the E&H’s proposed revisions.
Ms. Allman provided the E&H with a red line version of the Heritage Tree Ordinance with the proposed revisions that were suggested to the Village VB in November, 2015.
Vice Chair Aylward mentioned that the VB received a proposed revision to the Heritage Tree Ordinance in the April, VB meeting packets. She stated that the Village Attorney drafted the proposed ordinance at the request of the Village President.
Ms. Allman expressed her confusion as to why Section 1-7F-1 of the Village Code, pertaining to the Village Forester, was included in the Heritage Tree Ordinance. She explained that Section 1-7F-1 and the Heritage Tree Ordinance fall under different Titles of the Village Code.
Vice Chair Aylward stated that the proposed revision to the Heritage Tree Ordinance drafted by the Village Attorney was discussed at the April 26, 2017 VB meeting. She explained that some members of the VB and Ms. Allman raised questions regarding the content of the proposed ordinance. She indicated that some members of the E&H requested that the document be sent to the E&H to review. Vice Chair Aylward stated that the VB tabled the matter, and requested that the E&H review the proposed ordinance and come back within 30-60 days with their recommendation.
Ms. Allman gave a brief summary of the Heritage Tree Ordinance and how it was adopted. She explained that prior to having a Heritage Tree Ordinance, trees six inches and greater in diameter were protected only under building permits. She stated that she created the Heritage Tree Ordinance in order to protect all trees with a diameter of 20 inches or greater in the Village. She indicated that if a resident should desire to remove any tree 20 inches or greater a permit would be required. She noted that the Heritage Tree Ordnance was approved by the VB in 2010. She stated that there is no fee to receive a Heritage Tree Removal Permit. She indicated that if the tree is dead, diseased, or dying the tree may be removed without the requirement of replacement. She indicated that some surrounding Villages require tree removal permits for trees much less than 20 inch diameter.
Vice Chair Aylward noted that the existing Heritage Tree Ordinance calls for the E&H to hear appeals, should an applicant wish to appeal the decision of the Village Forester. She explained that once the E&H hears the appeal and makes a decision the decision is final. She stated that the proposed revision to the ordinance states that an applicant may appeal the decision of the E&H to the VB, and their decision would be final.
Vice Chair Aylward indicated that there are three key amendments to the ordinance that are being proposed by the Village President, and they are the following.
•Redefining the office of the Village Forester
•Exempting Silver Maple trees and Cotton Wood trees from the requirement of a tree removal permit
•The Corporate Authorities will have the final decision in the appeals process of the Heritage Tree Ordinance
There was discussion regarding the role and qualifications of the Village Forester. Ms. Allman noted that the role of the Village Forester was initially a volunteer position, and tree removal permits were not required except during the building permit process.
Trustee Kalinowski commented that an arborist’s line of work is the cultivation, management, and study of individual trees, shrubs, vines, and other perennial woody plants, whereas the Village Forester is responsible for the long-term care and management of trees in the community. She was of the opinion that the appointment of an arborist to act as Village Forester would not be suitable for the Village as suggested in the proposed ordinance.
Ms. Allman expressed her disagreement with exempting any particular trees, 20 inches in diameter or greater, from requiring a tree removal permit as suggested in Section 2 of the proposed ordinance. Ms. Lawlor inquired about the reasoning for exempting Silver Maple trees and Cotton Wood trees. Ms. Allman stated that she was unaware of the reasoning, and noted that she was not involved in drafting the proposed amendments to Heritage Tree Ordinance. She stated that since adopting the Heritage Tree Ordinance in 2010, there has been four requests to remove Cotton Wood trees. Members felt that exempting trees was not beneficial for the community.
It was noted that the document stated the language “licensed arborist”. Vice Chair Aylward inquired about the term “licensed arborist”. Ms. Allman stated that the correct term is “certified arborist”. It was noted that the language “licensed arborist” would be amended to state “certified arborist”.
Some members were of the opinion that the proposed amendment in Section 4, may create an issue with applicants contracting an arborist, who will base their decision of the health or condition of a tree to benefit the applicant’s appeal. After some discussion, members suggested that the language in Section 4 be amended to state that “If the Forester is not a certified arborist, and before the Forester shall deny the issuance of any permit where the application is based upon the health or condition of the tree, the Village shall secure a written opinion from an independent certified arborist whose opinion shall be strongly considered by the Forester. The cost of said independent written opinion shall be borne by the applicant”.
Members reviewed Section 2 of the proposed amended ordinance. Mr. Antoniou was of the opinion that the proposed language “preference shall be given to the appointment of a licensed arborist or other person having training for the position” seemed binding. The E&H agreed to recommend that Section 2 of the ordinance remain as it is currently exists.
The language proposed in Section 5 stating that “The decision of the Environmental and Health Commission may be appealed to the Corporate Authorities, whose decision is final” was reviewed. It was noted that the existing language regarding appeals states that “The decision of the Environmental and Health Commission shall be final.” Members felt that applicants should still have an option to appeal any decision to the E&H. Members agreed to recommend that Section 5 not be amended as proposed.
Ms. Allman explained that currently there is a fine of $250.00 per inch in diameter, as determined by the remaining stump, for removing a Heritage Tree without a permit. She mentioned that in the past year there has been two incidents, where a resident has removed a Heritage Tree without a permit. She stated that in both cases the trees were 30 inches in diameter and greater, and the residents were fined. She noted that at the advice of the Village Attorney the fines in both cases were reduced.
Mr. Antoniou suggested that there be a set fine of $5,000.00 for violating the Heritage Tree Ordinance. Members were of the belief that an option should be available to receive a refund of $2,500.00 of the required $5,000.00 fine, should the person elect to plant trees removed by applying Section 5-3A-4: Removal and Replacement Standards. It was suggested that the funds received from the fines collected be allocated to the Tree Replacement Fund.
Motion: Vance Antoniou moved to recommend to the VB that Sections 1, 2, 3, and 5 of the Heritage Tree Ordinance remain as they exist, and that the following Sections be amended to state that Section 4: Section 5-3D-6-A3 of the Village Code Is amended to add to said subsection the following: “If the Forester is not a certified arborist, and before the Forester shall deny the issuance of any permit where the application is based upon the health or condition of the tree, the Village shall secure a written opinion from an independent certified arborist whose opinion shall be strongly considered by the Forester. The cost of said independent written opinion shall be borne by the applicant." Section 6: Section 5-3D-10-B of the Village Code Is hereby amended to provide: “Any person removing any other heritage tree without a permit shall be fined an amount of $5,000.00 per tree to be allocated to the Tree Replacement Fund. Should the person elect to replace trees removed by applying Section 5-3A-4: Removal and Replacement Standards, one half of the required fine shall be refunded. If such replacement trees are not appropriate for placement on the person’s property, such replacement trees may be planted at the discretion of the Village Forester anywhere within the Village of North Barrington, and must be planted by applying Section 5-3A-4: Removal and Replacement Standards within one year.”; seconded by Rob Haas.
Discussion: There was lengthy discussion.
Vote by Roll Call:
Ayes:Vice Chair Linda Aylward, Rob Haas, Vance Antoniou, Marilyn Lawlor
Nays:None
Absent:Laurie Cameron
Abstain:None
Vice Chair Aylward declared the motion approved, and that it be sent to the Village Board for approval.
7.Old Business/New Business
Vice Chair Aylward mentioned that there is a Flint Creek/Spring Creek Watershed meeting May 9th, 10:00 a.m. at the Barrington Township offices, 602 South Hough St. She stated that the meeting topics are: "Do you have a dam problem?", and "Building a raingarden in a suburban home to solve flooding problems." She also noted that the Citizens for Conservation is having a native plant, shrub, and tree sale on May 6th and 7th at the Barn next to Good Shepard Hospital.
8.Adjournment
Motion: Vance Antoniou moved the Meeting be adjourned; seconded by Marilyn Lawlor.
Discussion: There was no discussion.
Vote on Motion: The voice vote was unanimous in favor.
At 9:55 p.m. Vice Chair Linda Aylward declared the meeting adjourned.
http://www.northbarrington.org/download_file/view/1334/284
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