Below is a report on the information we found in the contract. Please note that we were not given a signature page and we are uncertain of who “the engineer” is. In fact, we are even making assumptions as to who the “owner” and “contractor” are.
Also, engineer seems to play a powerful role in renegotiation and/or monetary issues.
In summary:
OWNER: City of Beacon
CONTRACTOR: Sun up
ENGINEER: UNKNOWN
The contract OWNER is entitled to suspend the contract for a period of up to 90 days.
If the contract is suspended the CONTRACTOR is entitled to appeal to the ENGINEER for an adjustment in schedule or contract price relating to such delays.
The ENGINEER is entitled to render a decision on such adjustments.
There is no provision in the contract for dispute resolution should the CONTRACTOR dispute the ENGINEER’S decision regarding a request for changes in fee or schedule. The only recourse would be a court within Duchess County.
The OWNER has the absolute right to issue change orders relating to the scope of work including deletions or reductions in the scope.
The ENGINEER would render on opinion in regards to any change in contract price or schedule due to such change orders.
Nothing within the contract directly entitles the CONTRACTOR to adjustments in contract price due to days by the OWNER, in fact, such a provision was explicitly deleted and deletion of that paragraph was accepted by the contractor. (paragraph 12.06.B)
Per 15.01, The OWNER may suspend work for up to 90 days. The CONTRACTOR may be entitled to an adjustment in contract price, contract schedule and may make such a claim to the ENGINEER per paragraph 10.05.
Per section 10.01.A the Owner “Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).”
The change in the contract price is dealt with in the following paragraph, 10.01.B; “If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, A Claim may be made therefore as provided in paragraph 10.05.”
10.05 states that that the CONTRACTOR will give general written notice of such claim to the ENGINEER within 30 days (which it has), that it will provide supporting data within 60 days after the event. The opposing party has 30 days to respond. The ENGINEER will render a written decision within 30 days. If the ENGINEER does not issue such a written decision the claim will be deemed to be rejected in it’s entirety.
Friday, September 21, 2007
Notes from Ad Hoc Committee Walk
These are my notes from the AdHoc tree group meeting on Thursday, 9/20.
Present were:
Art Tully
Jaye Vaughn
Norm MacLeod
Zep Thomaselli
Naomi Sachs
Lou Sebesta
Megan Sheremata
Terry Brown
Gary Wood
Pamela Bier
Clara Lou Gould
Phil Shea
Overall, what we are trying to do is make decisions on a two-block basis so that the work crews can move forward, carrying out the contract, but with us having more control over what trees stay and go, how they are planted, how the sidewalks are treated, etc.
We have made a date to meet again next week on 9/26, 5:00 p.m. to do the next two blocks, east of South Brett.
Group met at South Elm and walked the two blocks, on north and south sides of street, between corner of South Elm and and South Brett streets, looking at condition of existing trees and pavement and discussing what trees should stay, what should be removed, what the pavement treatment should be, what new trees should go in as replacements. For the entire section walked, tree removal was decided as a group; after the meeting, Megan, Lou, and I stayed on to discuss specifics about pavement treatment and tree planting.
Overall, of the nine trees that were originally slated to be removed and replaced, only three now are still slated to be removed and replaced. In two cases this was because the trees themselves were diseased and/or dangerous, and in the last case because the tree was causing major sidewalk heaving that could not be remedied without major cost to the city, now and possibly still in the future. I gave my speech about mature trees offering higher economic (not to mention environmental) value to a city, and it was taken into consideration, but in some cases the tree really was wreaking havoc on the sidewalk and creating a bad situation (for pedestrians as well as drainage problems). It was a tough call, and was decided by a vote (a vote was held any time there was not a unanimous agreement - sometimes the "keep the tree" people won and sometimes the "take out the tree" people won).
Megan Sheramata is now working on getting specifications, details, and other important information to Art Tully, by tomorrow (Friday) if possible, so that he can get going on the change order and on telling the work crews how to move forward. These will include:
1. Planting specifications that define such important factors as planting depth, soil medium, time of planting, stock selection, stock handling, etc.
2. Paving specifications and details
3. Tree species recommendations for new trees (several areas where there are no trees now) and replacement trees
The group decided that instead of spending money for costly and problematic tree grates, the City should instead continue the brick paving that it has been doing on the west end of town: the sidewalk area next to the buildings will be concrete, and the strip between the street and the "walking" sidewalk area, which is where the trees are planted, will be a running bond brick pattern laid on sand which is permeable and is better for the trees and for the environment and still safe for pedestrians. This will give a nice sense of visual and physical continuity to our streetscape. The City will issue a change order for this, based on Megan's submitted specifications.
We also discussed the need for pruning all of the trees that will remain, and Lou, Megan, and I are going to submit a list of arborists for the City to get bids from for pruning all along Main Street. By state law, the City is bound to go with the lowest bidder on a project, so we stressed the importance of making sure that the bidders you start with are all good, solid companies so that you don't pay for it after!
Furthermore, Lou recommended that for "fine pruning," especially, like limbing up newly planted trees if their branches are too low, instead of relying on the guys planting the trees to do that pruning, it would be a very good idea to have Lou train a citizen's group to do this pruning - he has done so in the past with other towns and municipalities and it has worked very well. This way, also, you are empowering community members and fostering a sense of stewardship for the streetscape. Along those same lines, we talked about the need for a good maintenance plan for the existing and new trees - Terry mentioned that someone goes along with a truck and waters all of the hanging baskets along Main Street - why couldn't they water the trees at the same time? Well-maintained trees = healthy trees = less money spent by us taxpayers and everyone is happy!
We discussed tree size, but did not yet come to a consensus on this; Megan will recommend 2.5" caliper trees in her specifications, because that is generally understood as the best practice for planting of street trees.
However, some members of the group felt that planting a larger caliper tree would be better. We will need to decide on this soon, as well as a couple of important other issues regarding planting of new trees in general, like TIME OF PLANTING. The spec's will also recommend waiting until mid-October to plant any more new trees - anyone with any expertise in the industry knows that you plant trees in the spring or fall, but not in the summer, and with our 80+ degree days in September, it is not officially fall yet!
This brings me to a very important point:
**No one yesterday knew where we are at with the contract regarding new
trees: have they been paid for already? If so, where are they? Can we do a change order for type of tree and size at this point? This is a really big question mark that needs to be addressed before Monday's meeting so we can decide how to best proceed.
Megan has the list of specific trees (what's staying, what's going, what is replacing, etc.), so maybe when she sends her recommendations on to Art, she can cc the group?
Thanks to everyone who was out there today. We had differences of opinion and it wasn't always easy, but I think we worked well together as a group, respected what each other had to say, and worked together to find the best solutions for our beautiful city, keeping it true to its Tree City USA designation!
Best regards,
Naomi Sachs, ASLA, Conservation Advisory Commission member and Beacon resident
Present were:
Art Tully
Jaye Vaughn
Norm MacLeod
Zep Thomaselli
Naomi Sachs
Lou Sebesta
Megan Sheremata
Terry Brown
Gary Wood
Pamela Bier
Clara Lou Gould
Phil Shea
Overall, what we are trying to do is make decisions on a two-block basis so that the work crews can move forward, carrying out the contract, but with us having more control over what trees stay and go, how they are planted, how the sidewalks are treated, etc.
We have made a date to meet again next week on 9/26, 5:00 p.m. to do the next two blocks, east of South Brett.
Group met at South Elm and walked the two blocks, on north and south sides of street, between corner of South Elm and and South Brett streets, looking at condition of existing trees and pavement and discussing what trees should stay, what should be removed, what the pavement treatment should be, what new trees should go in as replacements. For the entire section walked, tree removal was decided as a group; after the meeting, Megan, Lou, and I stayed on to discuss specifics about pavement treatment and tree planting.
Overall, of the nine trees that were originally slated to be removed and replaced, only three now are still slated to be removed and replaced. In two cases this was because the trees themselves were diseased and/or dangerous, and in the last case because the tree was causing major sidewalk heaving that could not be remedied without major cost to the city, now and possibly still in the future. I gave my speech about mature trees offering higher economic (not to mention environmental) value to a city, and it was taken into consideration, but in some cases the tree really was wreaking havoc on the sidewalk and creating a bad situation (for pedestrians as well as drainage problems). It was a tough call, and was decided by a vote (a vote was held any time there was not a unanimous agreement - sometimes the "keep the tree" people won and sometimes the "take out the tree" people won).
Megan Sheramata is now working on getting specifications, details, and other important information to Art Tully, by tomorrow (Friday) if possible, so that he can get going on the change order and on telling the work crews how to move forward. These will include:
1. Planting specifications that define such important factors as planting depth, soil medium, time of planting, stock selection, stock handling, etc.
2. Paving specifications and details
3. Tree species recommendations for new trees (several areas where there are no trees now) and replacement trees
The group decided that instead of spending money for costly and problematic tree grates, the City should instead continue the brick paving that it has been doing on the west end of town: the sidewalk area next to the buildings will be concrete, and the strip between the street and the "walking" sidewalk area, which is where the trees are planted, will be a running bond brick pattern laid on sand which is permeable and is better for the trees and for the environment and still safe for pedestrians. This will give a nice sense of visual and physical continuity to our streetscape. The City will issue a change order for this, based on Megan's submitted specifications.
We also discussed the need for pruning all of the trees that will remain, and Lou, Megan, and I are going to submit a list of arborists for the City to get bids from for pruning all along Main Street. By state law, the City is bound to go with the lowest bidder on a project, so we stressed the importance of making sure that the bidders you start with are all good, solid companies so that you don't pay for it after!
Furthermore, Lou recommended that for "fine pruning," especially, like limbing up newly planted trees if their branches are too low, instead of relying on the guys planting the trees to do that pruning, it would be a very good idea to have Lou train a citizen's group to do this pruning - he has done so in the past with other towns and municipalities and it has worked very well. This way, also, you are empowering community members and fostering a sense of stewardship for the streetscape. Along those same lines, we talked about the need for a good maintenance plan for the existing and new trees - Terry mentioned that someone goes along with a truck and waters all of the hanging baskets along Main Street - why couldn't they water the trees at the same time? Well-maintained trees = healthy trees = less money spent by us taxpayers and everyone is happy!
We discussed tree size, but did not yet come to a consensus on this; Megan will recommend 2.5" caliper trees in her specifications, because that is generally understood as the best practice for planting of street trees.
However, some members of the group felt that planting a larger caliper tree would be better. We will need to decide on this soon, as well as a couple of important other issues regarding planting of new trees in general, like TIME OF PLANTING. The spec's will also recommend waiting until mid-October to plant any more new trees - anyone with any expertise in the industry knows that you plant trees in the spring or fall, but not in the summer, and with our 80+ degree days in September, it is not officially fall yet!
This brings me to a very important point:
**No one yesterday knew where we are at with the contract regarding new
trees: have they been paid for already? If so, where are they? Can we do a change order for type of tree and size at this point? This is a really big question mark that needs to be addressed before Monday's meeting so we can decide how to best proceed.
Megan has the list of specific trees (what's staying, what's going, what is replacing, etc.), so maybe when she sends her recommendations on to Art, she can cc the group?
Thanks to everyone who was out there today. We had differences of opinion and it wasn't always easy, but I think we worked well together as a group, respected what each other had to say, and worked together to find the best solutions for our beautiful city, keeping it true to its Tree City USA designation!
Best regards,
Naomi Sachs, ASLA, Conservation Advisory Commission member and Beacon resident
Thursday, September 20, 2007
SPECIAL MEETING
The Mayor's office has announced a special meeting on September 24th at 7pm to review the report and to make any necessary changes to the contract for the sidewalk work and tree removal. The press release for this meeting is below. The whole agenda can be found here, but if you should be there at 7pm to know about the trees.
CITY OF BEACON
CITY COUNCIL
SPECIAL MEETING
Date: Monday, September 24, 2007 PRIOR TO WORKSHOP
Time: 7:00pm
Place: Municipal Center Courtroom
1 Municipal Center
Beacon, New York 12508
City Council, City of Beacon will hold a special meeting on Monday, September 24, 2009 at 7.00 p. m., prior to the scheduled workshop.
The purpose of the meeting is to determine whether any changes to the Main Street Sidewalk contract are required and to vote on any changes, in order to avoid delays in the contracted work and resulting possible financial penalties.
The project includes removal and replacement of trees and in response to community request, the Council at its last meeting authorized the Mayor to appoint an ad hoc committee to do another review of the trees currently marked for replacement. The committee will report back to the Council with their recommendations on the next section of work slated to be done. The Council will then discuss their views and make their decision at the special meeting on Monday.
Other sections of the project will be reviewed by the committee in a timely fashion, with reports to the Council so that any action required can be taken at regular meetings.
CITY OF BEACON
CITY COUNCIL
SPECIAL MEETING
Date: Monday, September 24, 2007 PRIOR TO WORKSHOP
Time: 7:00pm
Place: Municipal Center Courtroom
1 Municipal Center
Beacon, New York 12508
City Council, City of Beacon will hold a special meeting on Monday, September 24, 2009 at 7.00 p. m., prior to the scheduled workshop.
The purpose of the meeting is to determine whether any changes to the Main Street Sidewalk contract are required and to vote on any changes, in order to avoid delays in the contracted work and resulting possible financial penalties.
The project includes removal and replacement of trees and in response to community request, the Council at its last meeting authorized the Mayor to appoint an ad hoc committee to do another review of the trees currently marked for replacement. The committee will report back to the Council with their recommendations on the next section of work slated to be done. The Council will then discuss their views and make their decision at the special meeting on Monday.
Other sections of the project will be reviewed by the committee in a timely fashion, with reports to the Council so that any action required can be taken at regular meetings.
Committee Formed
The committee to review work and report to the Mayor/Council has been formed and is comprised of the following people:
Art Tully - City Engineer
Jaye Vaughn - Garden Club
Norm MacLeod - Garden Club
Zep Thomaselli - Street Supervisor
Phil Shea - Council Member
Charles Kelly - Council Member
Megan Sheremata - Urban Forester
Lou Sebesta-Urban Forester
Naomi Sachs - Resident/Member of the Conservation Advisory Committee
Terry Brown - Resident
Gary Wood - Resident
Pam Bier - Resident/Business Owner
This committee will meet today, Thursday, September 20th at 4pm the report will be reviewed at a special meeting will be held on Monday, September 24th. to decide if any changes should be made to the contract. Please read press release for special mtg: here.
Art Tully - City Engineer
Jaye Vaughn - Garden Club
Norm MacLeod - Garden Club
Zep Thomaselli - Street Supervisor
Phil Shea - Council Member
Charles Kelly - Council Member
Megan Sheremata - Urban Forester
Lou Sebesta-Urban Forester
Naomi Sachs - Resident/Member of the Conservation Advisory Committee
Terry Brown - Resident
Gary Wood - Resident
Pam Bier - Resident/Business Owner
This committee will meet today, Thursday, September 20th at 4pm the report will be reviewed at a special meeting will be held on Monday, September 24th. to decide if any changes should be made to the contract. Please read press release for special mtg: here.
Tuesday, September 18, 2007
The Contract and Robert Brush
At the City Council Meeting on Monday, September 17th, Robert Brush made a powerful statement to the council that was both, accusatory and motivating. He basically stated that it had been a week since we've been looking for answers on the contract and nothing has been done about it and that we don't know what the parameters are especially if we want to terminate.
The council added to the resolution that was written that the "city attorney should provide a report prior to such meeting of legal options regarding such contract". So, good work Robert!
Also, I would like to state again that we will be reading this contract and seeking legal advice as necessary. It is important for the people to read this contract as well.
When I talked to Steve Gold and Phil Shea last night they both stated that they thought they were voting on sidewalk improvement and that only 4 trees were to be removed. When I got into details with Steve Gold, he agreed that there should have been more scrutiny, but that many of their contracts go without it. WHAT!! Should I not be apalled?
Lastly, Rober Brush asked me to post an e-mail to Steve Gold. Which is a really great statement:
From: robert brush <brush58@optonline.net>
Date: September 18, 2007 11:36:25 AM EDT
To: Steve Gold <steve@goldlogon.com>
Subject: Re: meeting
to all involved with the meeting last night, from last week we got nothing from our city lawyer. i thought that was the #1 priority, to move forward? so then we are pressured into two working days to fix their mistake. if we don't know the parameters of the contract the rest is a joke. we will be putting a group together under the gun and then they will tell us we can't change the contract. isn't that the cart before the horse? it is going to be extremely difficult for a committee to be organized and have a plan in 2 days, but if we are forced to work this way, this would be my choice for the committee : lou sebesta (urban forestry -DEC / most important person as far as i am concerned), susan wisniewski (landscape architect), naomi sachs (landscape designer / concerned resident), steve gold (from the council), & myself (as a concerned resident) - i am able to meet at the these times (thursday 8-1pm /6pm on & friday 8-1pm). the remaining committee must come from the council. robert brush
On Sep 17, 2007, at 2:24 PM, Steve Gold wrote:
OKay. I'll try to be there.
Steve GoldPlease reply to Steve@goldlogon.com
Cell: 845.249.5571 (new number)Steve Gold for Mayor..... http://www.goldforbeacon.com/
The council added to the resolution that was written that the "city attorney should provide a report prior to such meeting of legal options regarding such contract". So, good work Robert!
Also, I would like to state again that we will be reading this contract and seeking legal advice as necessary. It is important for the people to read this contract as well.
When I talked to Steve Gold and Phil Shea last night they both stated that they thought they were voting on sidewalk improvement and that only 4 trees were to be removed. When I got into details with Steve Gold, he agreed that there should have been more scrutiny, but that many of their contracts go without it. WHAT!! Should I not be apalled?
Lastly, Rober Brush asked me to post an e-mail to Steve Gold. Which is a really great statement:
From: robert brush <brush58@optonline.net>
Date: September 18, 2007 11:36:25 AM EDT
To: Steve Gold <steve@goldlogon.com>
Subject: Re: meeting
to all involved with the meeting last night, from last week we got nothing from our city lawyer. i thought that was the #1 priority, to move forward? so then we are pressured into two working days to fix their mistake. if we don't know the parameters of the contract the rest is a joke. we will be putting a group together under the gun and then they will tell us we can't change the contract. isn't that the cart before the horse? it is going to be extremely difficult for a committee to be organized and have a plan in 2 days, but if we are forced to work this way, this would be my choice for the committee : lou sebesta (urban forestry -DEC / most important person as far as i am concerned), susan wisniewski (landscape architect), naomi sachs (landscape designer / concerned resident), steve gold (from the council), & myself (as a concerned resident) - i am able to meet at the these times (thursday 8-1pm /6pm on & friday 8-1pm). the remaining committee must come from the council. robert brush
On Sep 17, 2007, at 2:24 PM, Steve Gold wrote:
OKay. I'll try to be there.
Steve GoldPlease reply to Steve@goldlogon.com
Cell: 845.249.5571 (new number)Steve Gold for Mayor..... http://www.goldforbeacon.com/
City Council Meeting-OVER-VIEW
The council went into an executive session to discuss the matter of the tree/sidewalk project.
A resolution was written to create an ad hoc committee formed by a diverse group. Meaning, people with a range of backgrounds, both for and against the removal of trees. This group will walk the two blocks and view the work that has already been completed and report back to the council, "ideally by consensus" on or before Friday of this week. To read the complete resolution click here.
A vote to have a special meeting on Monday, Sept. 24th to review the first section of work by this committee.
All voted yes to the resolution with the exception of Eleanor Thompson. Thompson, expressed general unhappiness and frustration towards the situation, stating that she needed clarity and would like a constituent on behalf of the city council to review the work and the contract. She did not feel comfortable voting on anything at that moment.
In addition, many people made comments, please read the post entitled "City Council Meeting-DETAILS", to get the full scoop on the he said, she said.
A resolution was written to create an ad hoc committee formed by a diverse group. Meaning, people with a range of backgrounds, both for and against the removal of trees. This group will walk the two blocks and view the work that has already been completed and report back to the council, "ideally by consensus" on or before Friday of this week. To read the complete resolution click here.
A vote to have a special meeting on Monday, Sept. 24th to review the first section of work by this committee.
All voted yes to the resolution with the exception of Eleanor Thompson. Thompson, expressed general unhappiness and frustration towards the situation, stating that she needed clarity and would like a constituent on behalf of the city council to review the work and the contract. She did not feel comfortable voting on anything at that moment.
In addition, many people made comments, please read the post entitled "City Council Meeting-DETAILS", to get the full scoop on the he said, she said.
City Council Meeting-DETAILS
There are a few things that need to be said before I try and report on last night and one of them is, it seemed as if there is an air of two sides opposing sides. I would like to clear that air and say this is not high school football. This is not a competition between "The Beacon Sidewalks" and "The Beacon Trees". I feel that it needs to be made clear that the people that are interested in saving the trees are a group comprised of reasonable individuals that want safe sidewalks too. A good example is right here. The writer of this blog is a shopkeeper and identifies with that sort of responsibility. I would hate for someone to fall down in front of my shop.
The other thing I would like to say is: we need our City Council meetings to be moderated in a format that is more easily heard and understood. This goes for all city meetings including architectural and planning meetings. The council and the mayor seem to talk amongst themselves and the public would appreciate being addressed and given clarification as to what is going on.
That being said, I will do my best to report on actually what happened:
The council was very strict with the time they gave everyone to speak. They were also strict with the way in which we spoke. Our first citizen, Shelley Sweeney (sp?) was reprimanded for being confrontational for speaking passionately and looking the party she was speaking to in the eye[s]. She was also accused of judging personality, when she wanted to state a fact about what we, as the public was told. Everyone was given a minute to speak with the exception of Lou Sebesta.
It's ironic, Lou said he's been giving the city advice for 10 years and it seems as if they finally started to listen last night. He spoke about the the poor selection of new trees, stating the species chosen would fail in more ways than one; including, but not limited to, poor shade canopy when these new trees mature (if they mature, see below) and some of the species chosen would uproot sidewalks far sooner than the trees we just removed.
Lou also pointed out that the specifications for the new plantings would cause the trees to fail including, but not limited to, the matter in which the trees are specified to be planted in. Lou made us all aware that the specifications call for particles of construction debris as some , if not all of the matter in which the trees will be planted in. This means our new trees will be planted in gravel dust and other junk.
On the note of how construction is being carried out Megan Sheramata's list of threats to the trees was read (click here to read for yourself)and hard copies of that list were handed to the council. This list was supposed to draw the City Council's attention to the how poor a job is being done by the contractor and the city. As of last night, our new trees were not watered yet and they've been in the ground about a week.
After this list was read a citizen followed up with the thought, that if the work they are doing is faulty, then this could be reason enough to terminate the contract. Another citizen mentioned
that he would never have signed a contract that bound him to pay $8400/day for every day that work is stopped.
The council was also made aware that the citizens have made a foil request for the contract and it will be read and understood by the people and what we can't understand we will be untangled by a lawyer.
Two building owners also spoke and made their concern about their sidewalks and dangerous trees known.
Again, we (the people who want to save the tree) want that safety too. Not everything is black and white, Republican or Democrat, pro or against, love or hate. If the world had a little more grey, Independents, open-mindedness and compassion, we would have far fewer problems than we actually have. This little note is addressed to all the people that grumbled any time we said something in favor of the trees--I hope you're reading this, this blog is for you too. My wish is that we can all come to an understanding and build a beautiful city and future together. As sappy as that sounds, that's what we should have. We deserve it.
The other thing I would like to say is: we need our City Council meetings to be moderated in a format that is more easily heard and understood. This goes for all city meetings including architectural and planning meetings. The council and the mayor seem to talk amongst themselves and the public would appreciate being addressed and given clarification as to what is going on.
That being said, I will do my best to report on actually what happened:
The council was very strict with the time they gave everyone to speak. They were also strict with the way in which we spoke. Our first citizen, Shelley Sweeney (sp?) was reprimanded for being confrontational for speaking passionately and looking the party she was speaking to in the eye[s]. She was also accused of judging personality, when she wanted to state a fact about what we, as the public was told. Everyone was given a minute to speak with the exception of Lou Sebesta.
It's ironic, Lou said he's been giving the city advice for 10 years and it seems as if they finally started to listen last night. He spoke about the the poor selection of new trees, stating the species chosen would fail in more ways than one; including, but not limited to, poor shade canopy when these new trees mature (if they mature, see below) and some of the species chosen would uproot sidewalks far sooner than the trees we just removed.
Lou also pointed out that the specifications for the new plantings would cause the trees to fail including, but not limited to, the matter in which the trees are specified to be planted in. Lou made us all aware that the specifications call for particles of construction debris as some , if not all of the matter in which the trees will be planted in. This means our new trees will be planted in gravel dust and other junk.
On the note of how construction is being carried out Megan Sheramata's list of threats to the trees was read (click here to read for yourself)and hard copies of that list were handed to the council. This list was supposed to draw the City Council's attention to the how poor a job is being done by the contractor and the city. As of last night, our new trees were not watered yet and they've been in the ground about a week.
After this list was read a citizen followed up with the thought, that if the work they are doing is faulty, then this could be reason enough to terminate the contract. Another citizen mentioned
that he would never have signed a contract that bound him to pay $8400/day for every day that work is stopped.
The council was also made aware that the citizens have made a foil request for the contract and it will be read and understood by the people and what we can't understand we will be untangled by a lawyer.
Two building owners also spoke and made their concern about their sidewalks and dangerous trees known.
Again, we (the people who want to save the tree) want that safety too. Not everything is black and white, Republican or Democrat, pro or against, love or hate. If the world had a little more grey, Independents, open-mindedness and compassion, we would have far fewer problems than we actually have. This little note is addressed to all the people that grumbled any time we said something in favor of the trees--I hope you're reading this, this blog is for you too. My wish is that we can all come to an understanding and build a beautiful city and future together. As sappy as that sounds, that's what we should have. We deserve it.
Informative Articles from Naomi Sachs
1. Good article on NYC street trees and their myriad benefits: http://www.qgazette.com/news/2007/0822/features/012.html. Note that the plane tree/sycamore, which is what we have along much of Main Street (and West Center), is considered an ideal street tree (as is the honey locust).
NYC is undergoing a huge "tree census," counting all of their existing street trees. Note: "Street trees provide almost $122 million in benefits annually to City residents and are one of the best investments around." Get the full story here: http://www.nycgovparks.org/sub_your_park/trees_greenstreets/treescount/index.php
2. From key points of a study on "Preferences for Main Street Design Elements," note the following: "Be aware that mature shade trees may be preferred over younger shade trees or other types of mature trees." You can view the study at: http://www.informedesign.umn.edu/Rs_detail.aspx?rsId=2314
3. Another really good piece on the benefits of street trees, including traffic-calming! http://www.frinkpark.org/trees.htm
4. And one more: "22 Benefits of Urban Street Trees:" http://www.ufei.org/files/pubs/22BenefitsofUrbanStreetTrees.pdf
NYC is undergoing a huge "tree census," counting all of their existing street trees. Note: "Street trees provide almost $122 million in benefits annually to City residents and are one of the best investments around." Get the full story here: http://www.nycgovparks.org/sub_your_park/trees_greenstreets/treescount/index.php
2. From key points of a study on "Preferences for Main Street Design Elements," note the following: "Be aware that mature shade trees may be preferred over younger shade trees or other types of mature trees." You can view the study at: http://www.informedesign.umn.edu/Rs_detail.aspx?rsId=2314
3. Another really good piece on the benefits of street trees, including traffic-calming! http://www.frinkpark.org/trees.htm
4. And one more: "22 Benefits of Urban Street Trees:" http://www.ufei.org/files/pubs/22BenefitsofUrbanStreetTrees.pdf
Monday, September 17, 2007
Two Meetings Tonight
There is a City Council Meeting tonight at 7:30pm inside City Hall. Please be there to inform yourself and/or speak out.
MEETING PRIOR AT MUDDY CUP
There will be a "Beacon Trees" meeting prior to the City Council meeting at the Muddy Cup. Lou Sebasta will be present and we can organize our thoughts and comments. All are welcome!
We will begin at 6:30pm
Lastly, there is another blog or memoboard for Beacon. They discuss other things besides trees, but they seem to have a great time doing it! I think it's called the "Beaconite Website", click here to check it out. Enjoy!
MEETING PRIOR AT MUDDY CUP
There will be a "Beacon Trees" meeting prior to the City Council meeting at the Muddy Cup. Lou Sebasta will be present and we can organize our thoughts and comments. All are welcome!
We will begin at 6:30pm
Lastly, there is another blog or memoboard for Beacon. They discuss other things besides trees, but they seem to have a great time doing it! I think it's called the "Beaconite Website", click here to check it out. Enjoy!
Frightening Input from Another Forester
Hi there,
I just wanted to email a few comments. I only learned of the recent discussion after seeing a sign posted in a store after a horrifying walk down main street yesterday. I have some professional comments to make about the work I have seen in Beacon lately, and hope it will help you at your info session tonight. I have an evening class (I am student at Columbia now).
I have worked as a professional forester for 10 years and an urban forester for 5 years, and have rarely seen such shoddy tree planting work as I have seen this week. As I understand it, this kind of tree removal issue is common, and unless you have a knowledgable person review contracts prior to removals, many, many tree companies will overcut to make some cash. Given the very damaging pruning work I have seen on Main Street in recent years, I am not surprised to have found our city stuck in this situation.
In terms of the current planting job, however, I hope that these comments can be included somehow in the discussion. I am only too sad that I cannot be there. There are professional standards for tree planting work, and this contractor is not following them. What I see them doing that will ultimately harm the trees and likely cause their death over the next few years are, in order of threat to the trees' survival:
The company clearly is not professional and I would say that they do not have much of a leg to stand on in terms of their inability to perform even a mediocre job in this tree installation. I have worked with numerous contractors, and find that without very defined specs in their contract, they will not do a professional job unless they are a highly reputable company - hard to find up here. However, I have NEVER seen such a poorly executed job, and I have worked on hundreds of jobs.
If anyone would like any help setting up contracts with a tree planting contractor in Beacon, I do forestry consulting. Normally I charge a few hundred dollars a day, but in this case will help you out for free if it will help you set up a proper contract to ensure that the trees that go in are soundly installed. You need specs defining tree installation requirements, tree care, and after-care.
If Beacon wants to do an urban forestry plan, I am available to coordinate something like that, but I would have to do it for a fee for it takes a considerable amount of time and resources. I have worked on a number of plans, have references and live in the community. Such a plan could help prevent disasters like this, and help ensure that Beacon retains a strong, living canopy cover that meets the interests of businesses and residents alike. It could also address issues like the Route 9D work, which I fear has caused damage to trees that will result in trees falling in 2 - 4 years from now.
If you want to talk more about a forestry plan. Or, if you only want advice on this predicament and working through existing contracts, I am available this Thursday or Friday. Beacon has two urban forestry professionals living in town - myself and Lou Sebesta. Between us, there is a great deal of experience with trees. I hope the community relies on us, for we both love the city and its trees.
I am sorry I cannot make it tonight.
Megan
I just wanted to email a few comments. I only learned of the recent discussion after seeing a sign posted in a store after a horrifying walk down main street yesterday. I have some professional comments to make about the work I have seen in Beacon lately, and hope it will help you at your info session tonight. I have an evening class (I am student at Columbia now).
I have worked as a professional forester for 10 years and an urban forester for 5 years, and have rarely seen such shoddy tree planting work as I have seen this week. As I understand it, this kind of tree removal issue is common, and unless you have a knowledgable person review contracts prior to removals, many, many tree companies will overcut to make some cash. Given the very damaging pruning work I have seen on Main Street in recent years, I am not surprised to have found our city stuck in this situation.
In terms of the current planting job, however, I hope that these comments can be included somehow in the discussion. I am only too sad that I cannot be there. There are professional standards for tree planting work, and this contractor is not following them. What I see them doing that will ultimately harm the trees and likely cause their death over the next few years are, in order of threat to the trees' survival:
- The trees are being planted too early. No trees in Beacon should be planted before the leaves have dropped (or "hardened off") for the winter. Period. This alone indicates to me that this is a shady company. This alone can kill the trees.
- There is burlap around the root ball of the tree. This was not pulled back. According to any basic tree planting test, this burlap MUST be pulled back, otherwise it inhibits the ability of water to get to the root ball, thus starving the plant of needed water. This alone could kill the tree, too. 3) The trees were not planted in soil, but in fill!! Soil has a balanced mix of organic matter and air, along with minerals. Fill is considered "dead" and should never be used as a planting medium. This alone can kill the tree.
- The trees have been planted too deep. This is serious and can kill the tree. 5) The trees were lying out in the sun at time of planting. They should have been tarped. This can cause serious damage to the tree.
- The trees did not appear to be watered at time of planting, nor were they mulched. Neither were they staked. This is basic tree care.
- No contractor should place construction material in a tree pit. This compacts soil and contributes to tree decline.
The company clearly is not professional and I would say that they do not have much of a leg to stand on in terms of their inability to perform even a mediocre job in this tree installation. I have worked with numerous contractors, and find that without very defined specs in their contract, they will not do a professional job unless they are a highly reputable company - hard to find up here. However, I have NEVER seen such a poorly executed job, and I have worked on hundreds of jobs.
If anyone would like any help setting up contracts with a tree planting contractor in Beacon, I do forestry consulting. Normally I charge a few hundred dollars a day, but in this case will help you out for free if it will help you set up a proper contract to ensure that the trees that go in are soundly installed. You need specs defining tree installation requirements, tree care, and after-care.
If Beacon wants to do an urban forestry plan, I am available to coordinate something like that, but I would have to do it for a fee for it takes a considerable amount of time and resources. I have worked on a number of plans, have references and live in the community. Such a plan could help prevent disasters like this, and help ensure that Beacon retains a strong, living canopy cover that meets the interests of businesses and residents alike. It could also address issues like the Route 9D work, which I fear has caused damage to trees that will result in trees falling in 2 - 4 years from now.
If you want to talk more about a forestry plan. Or, if you only want advice on this predicament and working through existing contracts, I am available this Thursday or Friday. Beacon has two urban forestry professionals living in town - myself and Lou Sebesta. Between us, there is a great deal of experience with trees. I hope the community relies on us, for we both love the city and its trees.
I am sorry I cannot make it tonight.
Megan
Friday, September 14, 2007
From The Moderater of "Beacon Trees"
Good Morning everyone. I hope that this blog is helpful and is being read. It was launched with the intent to get people talking here, at this location. Many still feel most comfortable with "old fashioned" electronic mailing. :-) If you would like to start a new discussion on this blog, again, e-mail me at nicolearomano@hotmail.com and I will get it going immediately!
If you are reading this on Yahoo, the real deal is at www.beacontrees.blogspot.com we are just using Yahoo for its ability to alert you to new posts. I know all of this is not perfect and a little annoying, but it was the fastest and easiest way to consolidate information for $0.00.
Now for some very specific questions:
If you are reading this on Yahoo, the real deal is at www.beacontrees.blogspot.com we are just using Yahoo for its ability to alert you to new posts. I know all of this is not perfect and a little annoying, but it was the fastest and easiest way to consolidate information for $0.00.
Now for some very specific questions:
- Who signed the contract?
- How did we go from removing a few dead or diseased trees to removing 51, mostly healthy trees? (or was the number 61?)
Update from Steve Gold
This is an update from council member, Steve Gold and I ask some questions of him to clarify some terms. See "comments".
To all:
1: UPDATE:
They Mayor is calling for an executive session at the beginning of the Council Workshop Monday. There may be a member of Sun-Up, the company doing the work present. Sun-up had sent the City a nasty letter stating it will charge the city $8,400. per day for delays because of labor expenses (see attachment). I am writing a letter tonight to our City Attorney to have him look at the contract and see if there are any escape clauses or if it can be renegotiated.
Note: I plan to question the legality of an executive session in this situation. If it is to avoid a pending/potential lawsuit, which is the reason for most executive sessions, than we cannot have Sun-Up there…because there the ones who is likely to sue us. If the executive session proceeds and we do not act within the boundaries of he sunshine laws, I will call for it to end or walk out.
Steve Gold
To all:
1: UPDATE:
They Mayor is calling for an executive session at the beginning of the Council Workshop Monday. There may be a member of Sun-Up, the company doing the work present. Sun-up had sent the City a nasty letter stating it will charge the city $8,400. per day for delays because of labor expenses (see attachment). I am writing a letter tonight to our City Attorney to have him look at the contract and see if there are any escape clauses or if it can be renegotiated.
Note: I plan to question the legality of an executive session in this situation. If it is to avoid a pending/potential lawsuit, which is the reason for most executive sessions, than we cannot have Sun-Up there…because there the ones who is likely to sue us. If the executive session proceeds and we do not act within the boundaries of he sunshine laws, I will call for it to end or walk out.
Steve Gold
Steve Gold Responds to Ted Timmer
Mr. Timmer,
If you've been reading the emails and the Beacon Free Press, you would know that many of he Council Members admit they only got it half right and made mistakes. And when we realized both that the Mayor/Administrator ignored our guidelines, and removed trees we all thought could have been kept, we too were upset. And then many of the council members realized that all of the trees could have been saved and that we were wrong in accepting the argument that some were dangerous and had to be removed because the roots were too high to rescue. We stopped any more trees from being removed immediately.
You know the City Council has been working very hard in Beacon to make things wonderful for you and everyone else. And you have to understand that the first time we make a mistake (and only half a mistake at that), you are ready to throw us overboard, well that's just not right. You have no idea of the environmental actions the Democrats have taken in Beacon over the years. They started when we closed an incinerator that was spewing toxic chemicals and in violation of EPA and State Regulations. But the Mayor/Administrator kept it open for years before, knowing it was out of compliance, but it was bringing over $600,000 a year from outside sludge haulers. We purchased almost 150 acres for parkland over the last year alone and prevented them from becoming housing developments. We are buying wind power for the administration building and our comprehensive plan is going to require new homes to be energy star compliant. You cannot find a more environmentally concerned council anywhere. But for heavens sake we are not perfect.
So don't just forget all that we've done and all that we want to do and ask us to resign from office and call for us to withdraw. Then who would you get? Traditionally in Beacon the Republicans want to build homes everywhere and think environmental protection, Scenic Hudson and acquisition of parkland will increase taxes and they are usually opposed to such things. I know because Lee and I have had to fight them over the last ten years.
Regarding the trees, more emails will be forthcoming about the situation.
Steve Gold
Councilman and Candidate for Mayor
www.goldforbeacon.com
If you've been reading the emails and the Beacon Free Press, you would know that many of he Council Members admit they only got it half right and made mistakes. And when we realized both that the Mayor/Administrator ignored our guidelines, and removed trees we all thought could have been kept, we too were upset. And then many of the council members realized that all of the trees could have been saved and that we were wrong in accepting the argument that some were dangerous and had to be removed because the roots were too high to rescue. We stopped any more trees from being removed immediately.
You know the City Council has been working very hard in Beacon to make things wonderful for you and everyone else. And you have to understand that the first time we make a mistake (and only half a mistake at that), you are ready to throw us overboard, well that's just not right. You have no idea of the environmental actions the Democrats have taken in Beacon over the years. They started when we closed an incinerator that was spewing toxic chemicals and in violation of EPA and State Regulations. But the Mayor/Administrator kept it open for years before, knowing it was out of compliance, but it was bringing over $600,000 a year from outside sludge haulers. We purchased almost 150 acres for parkland over the last year alone and prevented them from becoming housing developments. We are buying wind power for the administration building and our comprehensive plan is going to require new homes to be energy star compliant. You cannot find a more environmentally concerned council anywhere. But for heavens sake we are not perfect.
So don't just forget all that we've done and all that we want to do and ask us to resign from office and call for us to withdraw. Then who would you get? Traditionally in Beacon the Republicans want to build homes everywhere and think environmental protection, Scenic Hudson and acquisition of parkland will increase taxes and they are usually opposed to such things. I know because Lee and I have had to fight them over the last ten years.
Regarding the trees, more emails will be forthcoming about the situation.
Steve Gold
Councilman and Candidate for Mayor
www.goldforbeacon.com
Word From Ted Timmer
Been reading the emails and hearing the tree stuff from everyone and really bummed about what Main Street looks like now. I have so far not heard from one person involved with knowledge of this debacle that any of the council people or the mayor have any idea about what the contract for the sidewalk repair and tree removal was actually about.
Did any of them actually read it? Does any of them know what the cost was and what work was to be performed? If not, they should voluntarily remove themselves from office. If you (I am speaking to the potential candidates and present incumbents) don't actually have the time to represent those who did or did not vote for you, then you ought to step up and remove your name from future consideration.
How many other major contracts don't get read by our trusted officials?
Did any of the council members ever ask for a cheaper solution? A cheaper better solution?
Our tax dollars at work. Thanks!
Ted Timmer
Did any of them actually read it? Does any of them know what the cost was and what work was to be performed? If not, they should voluntarily remove themselves from office. If you (I am speaking to the potential candidates and present incumbents) don't actually have the time to represent those who did or did not vote for you, then you ought to step up and remove your name from future consideration.
How many other major contracts don't get read by our trusted officials?
Did any of the council members ever ask for a cheaper solution? A cheaper better solution?
Our tax dollars at work. Thanks!
Ted Timmer
Thursday, September 13, 2007
Support from Kyriacou
From Council Member Lee Kyriacou:
I think it is important -- beyond the current trees issue -- to have a site to inform and involve citizens in Beacon government. Keeping people speaking out and coming to meetings is the best way of being heard and getting the right solutions for the community. While electeds end up in the hotseat sometimes, it's great. Keep coming.
I think it is important -- beyond the current trees issue -- to have a site to inform and involve citizens in Beacon government. Keeping people speaking out and coming to meetings is the best way of being heard and getting the right solutions for the community. While electeds end up in the hotseat sometimes, it's great. Keep coming.
An Article on Saving Trees in L.A.
An article entitled "Expanding Street Tree Canopy Cover and Repairing Sidewalks in Los Angeles" has been posted to our Yahoo Group. But you need to be a Yahoo member to view it. (I have tried providing a link to Google docs, but the file is not compatible/too large)
If you are not a Yahoo and don't want to be, please e-mail me at nicolearomano@hotmail.com and I can send this article directly to you.
If you are a Yahoo or want to become one, you can view the article at our Yahoo Group location by clicking here.
Again, we are using this mainly for the e-mail listserv functionality. To find out about getting e-mail notification for new info click here.
If you are not a Yahoo and don't want to be, please e-mail me at nicolearomano@hotmail.com and I can send this article directly to you.
If you are a Yahoo or want to become one, you can view the article at our Yahoo Group location by clicking here.
Again, we are using this mainly for the e-mail listserv functionality. To find out about getting e-mail notification for new info click here.
What Happened at the Council Workshop on 9/10
Everyone, especially council members, this is where I need your help and clarification. I am trying to be brief, but thorough in order to keep people up to date. After this, most news will come directly from ALL OF YOU. Again, to get new information onto the blog, e-mail nicolearomano@hotmail.com
If you are new to all of this, and would like to review the background, see comments from council member Steve Gold, here. If you would like to review the minutes to this workshop, you may do so here (when they are posted). For now, below is what I witnessed and I am prepared to stand corrected:
If you are new to all of this, and would like to review the background, see comments from council member Steve Gold, here. If you would like to review the minutes to this workshop, you may do so here (when they are posted). For now, below is what I witnessed and I am prepared to stand corrected:
- Most importantly, the Mayor granted the request of the people and the council to put a moratorium into effect until next Monday's city council meeting. Usually no actions are taken at a council workshop, so this is the most that could be done.
Traditionally, members of the public will not be heard at a council workshop. However, many members of the public were allowed to speak due to the urgent nature of this issue. - Different angles were addressed by each party, there was a shop-keeper that was elated that her tree was gone--informing everyone that it was diseased--the general consensus beyond that was: a. to make the public part of the process; b. to complete this project in the most informed way possible to maintain street aesthetics, avoid maintenance problems in the future and ensure that our sidewalks are safe.
- There were questions that went unanswered (which may be due to the fact that this was a workshop) like: Who signed the contract for this work? However, there were questions that the council didn't have the answer for, such as: How much was the contract for? How much will it cost us to stop or change the work?
- Due to the unanswerable questions, there was a tone of frustration in the room. A former highway superintendent for the town expressed disappointment at the lack of communication of the government with its citizens and was concerned about the tax dollars this would cost us because of this. Stopping or changing work on a city contract (or any contract) costs money.
Robert Brush and Lee Kyriacou propose to form a committee outside of city government, to know a little more on this issue, click here.
HOW TO USE THIS BLOG
There are many people that are not used to this platform. I have tried to post only the very most important information to start.
- You can respond to any post by clicking on the "Comments" or "Post a Comment" button underneath that item. Tell us what you have to say and tell us who you are by selecting "other". If you're shy, you can also choose not to tell us, by clicking "anonymous".
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If you have NEW & IMPORTANT information, please e-mail it to me at nicolearomano@hotmail.com and I will post it as a new. Lastly, let's stick to the topic of trees in Beacon. If there is another issue that is important to people another blog should be started. Think of this as a very specific virtual meeting room. I'd also like to remind people that the intent of this space is to keep things moving in a positive direction
Please Attend the City Council Meeting!
We need your voice!
Please join us on our journey to save our trees by coming to a practical, long term solution. We need as many people as possible to show the Mayor and City Administrator that we want what's best for Beacon and we want to keep our old trees!
City Council Meeting
Monday, September 17th
At 7:30 pm
Please join us on our journey to save our trees by coming to a practical, long term solution. We need as many people as possible to show the Mayor and City Administrator that we want what's best for Beacon and we want to keep our old trees!
City Council Meeting
Monday, September 17th
At 7:30 pm
Committee Needed
At the city council workshop both Robert Brush and Council member Lee Kyriacou and resident Robert Brush concurred that a committee of trained professionals and concerned citizens. The members of this committee would not be offiliated with the government and would be representing the residents of Beacon with the intent of maintaining the aesthetics of our main street while meeting long term needs of low maintenance and safe sidewalks. The idea was to take the time and do it right. Below, Lee Kyriacou let's us know that the clock is ticking. If you can lend a hand on this committee, please post your contact information here.
Robert et al. --
I heard today indirectly that there is a ticking clock on this issue -- the fines for project delay might be several thousand dollars a day. So the time may be ripe for quick action.
Can I suggest that a group of you approach the mayor tomorrow and ask for a group to tour all the trees Main Street (a committee by another name). The group could include citizens -- representing various views heard at council meetings and any resident tree experts (Lou S) -- along with city experts (city engineer, highway department), the mayor and a couple of council members. Over the weekend, you could walk down Main Street together, and inspect what has been done so far, and more importantly, each of the trees marked for removal; they could also learn about what the contract penalties are, and what options there are for the various trees. While the time frame would be tight, the group -- with a deadline imposed by construction penalty delays -- could make recommendations to mayor and council on the very next Monday.
Like most commuters, I am out of town tomorrow on business, but like most citizens, am around on the weekend.
Lee
Robert et al. --
I heard today indirectly that there is a ticking clock on this issue -- the fines for project delay might be several thousand dollars a day. So the time may be ripe for quick action.
Can I suggest that a group of you approach the mayor tomorrow and ask for a group to tour all the trees Main Street (a committee by another name). The group could include citizens -- representing various views heard at council meetings and any resident tree experts (Lou S) -- along with city experts (city engineer, highway department), the mayor and a couple of council members. Over the weekend, you could walk down Main Street together, and inspect what has been done so far, and more importantly, each of the trees marked for removal; they could also learn about what the contract penalties are, and what options there are for the various trees. While the time frame would be tight, the group -- with a deadline imposed by construction penalty delays -- could make recommendations to mayor and council on the very next Monday.
Like most commuters, I am out of town tomorrow on business, but like most citizens, am around on the weekend.
Lee
Comments From Urban Forester, Lou Sebasta
First, if you would like to review Lou Sebasta's green resolution and report drafted for Steve Gold on June 29th, click here.
Hi to all.
I'd like to mention that I've consulted with the City of Beacon on this very issue of saving larger shade trees in good condition that are heaving sidewalks and threatening pedestrian safety. I must stress that there are innovative, creative, environmentally friendly design solutions for modifying/replacing sidewalks to accommodate expanded tree roots and provide a more sustainable underground environment for them while minimizing pedestrian trip hazards. FYI, I have attached a copy of my recent report to Councilman Steve Gold on this very issue. I am a Beacon resident as well, and as always, I stand ready to provide any future consultations and technical advice and recommendations at the city's request. I work for the communities of the mid to lower Hudson Valley for free, as my salary is paid by the state.
Sorry I wasn't aware of the Mon. 9/10 council workshop meeting till returning to the office from field work to check my email earlier today.
I was in Binghamton over the weekend, but did speak with Steve Gold on the phone from there. He forwarded me a sidewalk specification design sheet that presumably is to be used in sidewalk replacement that was provided to Joe Braun by Lanc and Tully Engineering and Surveying, PC.
Goshen, NY. In my opinion, those sidewalk, tree grate and planting pit design specs and materials are NOTHING NEW- Just the same old, very tree-unfriendly "number 4 compacted foundation", wire-reinforced concrete, "stone dust and portland", etc. even under the narrow areas surfaced with brick. The tree pits are only 5' square, 3' deep, with "compacted topsoil" below the tree and "prepared topsoil" around the tree, typically topped off w/ an expensive iron grate in 2 matching halves which must be removed or continually broken out or torched away to accommodate the tree trunk as it expands. (IF it grows and expands- average life of a street tree in a small concrete tree pit situation is said to be 7 years. It's highly unlikely you'll be able to grow new street trees with any appreciable canopy of shade like we lost by the removal of those honey locusts. Not in those conditions and not in our life time. I fear that any new trees planted in those conditions will not thrive unless they are little "lollipop" varieties that can never grow large enough to provide much shade). Yes, they are calling for the replanting of 2 ½" caliper trees, which are a decent size, but this is a replacement design from an engineering perspective and not from a tree-friendly perspective. Note also, that I'm getting indications that large canopy trees will NOT be planted, only small to medium potential trees. The tragedy is that most of those honey locusts trees already cut on the west end of Main St. in the first wave of cutting before the moratorium kicked in were perfectly healthy and in good to excellent condition structurally. It is much more practical and environmentally friendly in my opinion to modify the sidewalk than to cut down good shade trees simply because previous sidewalk designs were not tree friendly, and therefore became broken and heaved.
I went out to look at the cut trees immediately after the Sept. 4 Beacon City Council meeting, but haven't seen if anything has been done since then. From my personal observations of the trees that night and from recent on- site consultations with Joe Braun, Anthony Tomaselli of DPW, and several business owners and residents, as well as the look of the cut stumps, most of those honey locust trees were in good to excellent condition and definitely NOT "diseased". Some trees on the south side along Main St., including a number of Norway maples, were or are in poor condition, mostly likely because of physiological decline from poor, compacted soil, restricted root volume, and inadequate water and nutrients, including air to breathe. As I noted, in my judgement, the sidewalk design for replanting plans will not be any significant improvement over what you've got out there now. The same sidewalk conflicts and heaving are likely to recur if you're ever able to grow big new trees there in the future. And those Bradford callery pear trees that were replanted some years back on the south side of the West end of Main St. after the previous big wave of tree cutting of other bigger canopy trees are not providing anywhere as much canopy shade now and probably never will, because callery pears are only a medium sized tree species. Also, the Bradford is a notoriously weakly branched variety that tends to break apart very easily on maturity. I've seen them split right in half after wind storms and heavy wet snows. Newer, structurally improved varieties of callery pears are now available. I can help in species choices if I'm asked to do so by the city.
Finally, particularly on the eastern end of Main St. there are some large, beautiful London plan trees in excellent condition, that in my opinion and in all my previous consultations with the city are very practical to save, given my strategies offered for repairing sidewalks AND saving trees. It would be a shame to lose any more nice shade trees, which we desperately need to moderate the blast furnace of heat we face on our summer streets. They help to preserve a higher quality of life and experience for general pedestrians and business patrons, who we want to encourage to enjoy our city on foot or pedal and not to merely drive through in air conditioned cars without stopping.
P.S. I plan to attend the upcoming Monday Sept. 17 city council meeting and offer my comments, services. Being DEC's urban forester for the region, I can also help you with any questions you have on the Tree City USA program as well as other urban forestry related resources and information.
Lou Sebesta
NYSDEC Region 3
Urban/Community Forester
Stony Kill Environmental Education Center
79 Farmstead Lane
Wappingers Falls, NY 12590
(845) 831-8780 x316
Hi to all.
I'd like to mention that I've consulted with the City of Beacon on this very issue of saving larger shade trees in good condition that are heaving sidewalks and threatening pedestrian safety. I must stress that there are innovative, creative, environmentally friendly design solutions for modifying/replacing sidewalks to accommodate expanded tree roots and provide a more sustainable underground environment for them while minimizing pedestrian trip hazards. FYI, I have attached a copy of my recent report to Councilman Steve Gold on this very issue. I am a Beacon resident as well, and as always, I stand ready to provide any future consultations and technical advice and recommendations at the city's request. I work for the communities of the mid to lower Hudson Valley for free, as my salary is paid by the state.
Sorry I wasn't aware of the Mon. 9/10 council workshop meeting till returning to the office from field work to check my email earlier today.
I was in Binghamton over the weekend, but did speak with Steve Gold on the phone from there. He forwarded me a sidewalk specification design sheet that presumably is to be used in sidewalk replacement that was provided to Joe Braun by Lanc and Tully Engineering and Surveying, PC.
Goshen, NY. In my opinion, those sidewalk, tree grate and planting pit design specs and materials are NOTHING NEW- Just the same old, very tree-unfriendly "number 4 compacted foundation", wire-reinforced concrete, "stone dust and portland", etc. even under the narrow areas surfaced with brick. The tree pits are only 5' square, 3' deep, with "compacted topsoil" below the tree and "prepared topsoil" around the tree, typically topped off w/ an expensive iron grate in 2 matching halves which must be removed or continually broken out or torched away to accommodate the tree trunk as it expands. (IF it grows and expands- average life of a street tree in a small concrete tree pit situation is said to be 7 years. It's highly unlikely you'll be able to grow new street trees with any appreciable canopy of shade like we lost by the removal of those honey locusts. Not in those conditions and not in our life time. I fear that any new trees planted in those conditions will not thrive unless they are little "lollipop" varieties that can never grow large enough to provide much shade). Yes, they are calling for the replanting of 2 ½" caliper trees, which are a decent size, but this is a replacement design from an engineering perspective and not from a tree-friendly perspective. Note also, that I'm getting indications that large canopy trees will NOT be planted, only small to medium potential trees. The tragedy is that most of those honey locusts trees already cut on the west end of Main St. in the first wave of cutting before the moratorium kicked in were perfectly healthy and in good to excellent condition structurally. It is much more practical and environmentally friendly in my opinion to modify the sidewalk than to cut down good shade trees simply because previous sidewalk designs were not tree friendly, and therefore became broken and heaved.
I went out to look at the cut trees immediately after the Sept. 4 Beacon City Council meeting, but haven't seen if anything has been done since then. From my personal observations of the trees that night and from recent on- site consultations with Joe Braun, Anthony Tomaselli of DPW, and several business owners and residents, as well as the look of the cut stumps, most of those honey locust trees were in good to excellent condition and definitely NOT "diseased". Some trees on the south side along Main St., including a number of Norway maples, were or are in poor condition, mostly likely because of physiological decline from poor, compacted soil, restricted root volume, and inadequate water and nutrients, including air to breathe. As I noted, in my judgement, the sidewalk design for replanting plans will not be any significant improvement over what you've got out there now. The same sidewalk conflicts and heaving are likely to recur if you're ever able to grow big new trees there in the future. And those Bradford callery pear trees that were replanted some years back on the south side of the West end of Main St. after the previous big wave of tree cutting of other bigger canopy trees are not providing anywhere as much canopy shade now and probably never will, because callery pears are only a medium sized tree species. Also, the Bradford is a notoriously weakly branched variety that tends to break apart very easily on maturity. I've seen them split right in half after wind storms and heavy wet snows. Newer, structurally improved varieties of callery pears are now available. I can help in species choices if I'm asked to do so by the city.
Finally, particularly on the eastern end of Main St. there are some large, beautiful London plan trees in excellent condition, that in my opinion and in all my previous consultations with the city are very practical to save, given my strategies offered for repairing sidewalks AND saving trees. It would be a shame to lose any more nice shade trees, which we desperately need to moderate the blast furnace of heat we face on our summer streets. They help to preserve a higher quality of life and experience for general pedestrians and business patrons, who we want to encourage to enjoy our city on foot or pedal and not to merely drive through in air conditioned cars without stopping.
P.S. I plan to attend the upcoming Monday Sept. 17 city council meeting and offer my comments, services. Being DEC's urban forester for the region, I can also help you with any questions you have on the Tree City USA program as well as other urban forestry related resources and information.
Lou Sebesta
NYSDEC Region 3
Urban/Community Forester
Stony Kill Environmental Education Center
79 Farmstead Lane
Wappingers Falls, NY 12590
(845) 831-8780 x316
Wednesday, September 12, 2007
A Discussion on "Tree City USA" Requirements
Tree City requirements are:
1. A tree Board or Dept.
2. A Tree Care Ordinance
3. A Community Forestry Program With an Annual Budget of at Least $2/Capita
4. An Arbor Day Observance and Proclamation
For more information, please visit:
http://www.arborday.org/programs/TreeCityStandards.cfm#1
Thank you Steve for passing this along.
I talked to Naomi Sachs just now -- it is nice to have a pro around. I can't be physically present this evening, but did direct her to the criteria for the Tree City USA designation at their website. As far as I can tell, Beacon does not meet the requirements. Any/all of you please feel free to contact me regarding developments that would require support.
Thank you ,
Rhonda Nolan
Quick note - thanks for your offer to help Rhonda. You are incorrect about our not meeting the requirements for Tree City. In last night's City council packets we put the certification notes for the past six years, all of which include tree removal, tree planting, tree management, as well as the required resolution, etc We can show that to anyone interested, of course.
Clara Lou Gould
Hi Clara Lou
Especially with your lifelong involvement in the Garden Clubs of the State of New York, I know you are a serious plantswoman. And, I am of course aware of the Tree City signage and certification that Beacon has had since I have been a resident.
However, I am confused. Can you please tell me what area of the city government deals with these standards set out by Tree City USA? These standards are available to all via their website. I just cut and pasted the four requirements.
Thanks so much.
Rhonda
Lee,
As i told Rhonda, the Tree City Requirements were included in the Council's Monday night's packet, in the copies of the Tree City Applications for Certification for years 2001 through 2006. ( Applications are usually prepared in December, so 2007 has not been done yet.) With the application was the worksheet prepared by the Administrator's office, indicating number of trees planted, number pruned, and number removed, with the expenses involved. For example, in 2006 there were 18 trees planted, 102 pruned and 10 removed. Total Community Forestry expenditures were $39,480, and the population was listed at 14,810. A note on the form says that to qualify for Tree City USA total expenditures must be at least twice population
This information is available here as well.
Clara Lou Gould
1. A tree Board or Dept.
2. A Tree Care Ordinance
3. A Community Forestry Program With an Annual Budget of at Least $2/Capita
4. An Arbor Day Observance and Proclamation
For more information, please visit:
http://www.arborday.org/programs/TreeCityStandards.cfm#1
Thank you Steve for passing this along.
I talked to Naomi Sachs just now -- it is nice to have a pro around. I can't be physically present this evening, but did direct her to the criteria for the Tree City USA designation at their website. As far as I can tell, Beacon does not meet the requirements. Any/all of you please feel free to contact me regarding developments that would require support.
Thank you ,
Rhonda Nolan
Quick note - thanks for your offer to help Rhonda. You are incorrect about our not meeting the requirements for Tree City. In last night's City council packets we put the certification notes for the past six years, all of which include tree removal, tree planting, tree management, as well as the required resolution, etc We can show that to anyone interested, of course.
Clara Lou Gould
Hi Clara Lou
Especially with your lifelong involvement in the Garden Clubs of the State of New York, I know you are a serious plantswoman. And, I am of course aware of the Tree City signage and certification that Beacon has had since I have been a resident.
However, I am confused. Can you please tell me what area of the city government deals with these standards set out by Tree City USA? These standards are available to all via their website. I just cut and pasted the four requirements.
Thanks so much.
Rhonda
Lee,
As i told Rhonda, the Tree City Requirements were included in the Council's Monday night's packet, in the copies of the Tree City Applications for Certification for years 2001 through 2006. ( Applications are usually prepared in December, so 2007 has not been done yet.) With the application was the worksheet prepared by the Administrator's office, indicating number of trees planted, number pruned, and number removed, with the expenses involved. For example, in 2006 there were 18 trees planted, 102 pruned and 10 removed. Total Community Forestry expenditures were $39,480, and the population was listed at 14,810. A note on the form says that to qualify for Tree City USA total expenditures must be at least twice population
This information is available here as well.
Clara Lou Gould
A Clear Explanation from Steve Gold
To all,
The walk I took today along almost the full length of Main Street with Terry Brown helped to clarify the problem and arrive at some positive conclusions:
1. First and foremost it was apparent that no further trees should be removed. I’ve talked to two other Councilmen and will discuss it with the others before Monday night’s workshop. I am certain that more than a majority of Council will agree to immediately cease the removal of any more trees.
2. Dead or dying trees will still be removed. I believe there are only two that fit into that category.
3. The sidewalks need to be repaired and we can either use the traditional method of cement and take our chances that they will need to be redone sometime in the future, or we can try Lou Sebesta ’s technique along with other creative sidewalk treatments. Larger tree beds should be designed to insure that more water gets to the roots.
4. If the contractor will not renegotiate, there are plenty of locations where over the years trees have been remove, that can now be replanted.
5. In general, the city needs to look further into some of the questions asked about how we can tighten up our regulations to protect trees including as mentioned “tree city regulations”. I know we can do better particularly when it comes to private homes and developers.
6. Store owners who have complained about trees in front of their shops will have the sidewalks repaired but the trees will remain. That will apply even if they are seed barring trees which require sweeping.
What went wrong:
1. Going back to last month, part of the problem has already been expressed….the council’s wishes were ignored since sidewalks where the there was little if any lifting had trees removed. That was inexcusable. To be generous, it may be said that the Council’s meaning of “dangerous” trees was a lot different than the City Administration. But certainly questions should have been asked by the Administrator to clarify the definition before to project proceeded and trees were cut down.
2. Again last month, I for one was too quick to agree with arguments made by some shop owners and the Administration that some of the trees on Main Street were “dangerous”. Lou Sebesta tried to tell me that but I still thought if the sidewalks were pushed up past a certain point, they were dangerous and the tree would have to be removed. I was wrong. Sidewalks can be replaced….a life cannot.
3. Very little communication took place to inform the store owners and the public, to let them know what was going to take place. Part of the communications process is the City Council Agenda. I will improve the publishing time by teaching the Mayor’s secretary how to upload it. That will insure it is available as soon as it is completed. I am also going to let you know how you can have it mailed directly to you when it is ready. I need to work that out before I can give you the instructions.
For some, this has been a disaster because the esthetics of a barren treescape. It may help to know that approx 15 foot large trees will be used for the replacement. The look wouldn’t be as lush as before but it will fill in nicely soon. This group may have preferred that the trees be taken down over a longer period of time and more widely dispersed than what was done.
For some like me, this was also a disaster because living trees were needlessly killed (but I am the kind of person who stopped buying Christmas Trees because I couldn’t stand to see them die just to please my holiday fancy). For that group we can know that we have saved the remaining trees. At least I am confident that will be the case at Monday night’s meeting. Since many of us fall into this category, it will be a welcome decision to end the tree cutting program immediately, as I expect will happen.
It is so wonderful to have so many people feeling so passionate about saving trees! You can and really have made a difference. That is usually the case when people get involved…so don’t stop here. I look forward to seeing many of you at Monday night’s 7:00pm workshop.
(please pass this on to others who have expressed concern about this matter)
Steve
The walk I took today along almost the full length of Main Street with Terry Brown helped to clarify the problem and arrive at some positive conclusions:
1. First and foremost it was apparent that no further trees should be removed. I’ve talked to two other Councilmen and will discuss it with the others before Monday night’s workshop. I am certain that more than a majority of Council will agree to immediately cease the removal of any more trees.
2. Dead or dying trees will still be removed. I believe there are only two that fit into that category.
3. The sidewalks need to be repaired and we can either use the traditional method of cement and take our chances that they will need to be redone sometime in the future, or we can try Lou Sebesta ’s technique along with other creative sidewalk treatments. Larger tree beds should be designed to insure that more water gets to the roots.
4. If the contractor will not renegotiate, there are plenty of locations where over the years trees have been remove, that can now be replanted.
5. In general, the city needs to look further into some of the questions asked about how we can tighten up our regulations to protect trees including as mentioned “tree city regulations”. I know we can do better particularly when it comes to private homes and developers.
6. Store owners who have complained about trees in front of their shops will have the sidewalks repaired but the trees will remain. That will apply even if they are seed barring trees which require sweeping.
What went wrong:
1. Going back to last month, part of the problem has already been expressed….the council’s wishes were ignored since sidewalks where the there was little if any lifting had trees removed. That was inexcusable. To be generous, it may be said that the Council’s meaning of “dangerous” trees was a lot different than the City Administration. But certainly questions should have been asked by the Administrator to clarify the definition before to project proceeded and trees were cut down.
2. Again last month, I for one was too quick to agree with arguments made by some shop owners and the Administration that some of the trees on Main Street were “dangerous”. Lou Sebesta tried to tell me that but I still thought if the sidewalks were pushed up past a certain point, they were dangerous and the tree would have to be removed. I was wrong. Sidewalks can be replaced….a life cannot.
3. Very little communication took place to inform the store owners and the public, to let them know what was going to take place. Part of the communications process is the City Council Agenda. I will improve the publishing time by teaching the Mayor’s secretary how to upload it. That will insure it is available as soon as it is completed. I am also going to let you know how you can have it mailed directly to you when it is ready. I need to work that out before I can give you the instructions.
For some, this has been a disaster because the esthetics of a barren treescape. It may help to know that approx 15 foot large trees will be used for the replacement. The look wouldn’t be as lush as before but it will fill in nicely soon. This group may have preferred that the trees be taken down over a longer period of time and more widely dispersed than what was done.
For some like me, this was also a disaster because living trees were needlessly killed (but I am the kind of person who stopped buying Christmas Trees because I couldn’t stand to see them die just to please my holiday fancy). For that group we can know that we have saved the remaining trees. At least I am confident that will be the case at Monday night’s meeting. Since many of us fall into this category, it will be a welcome decision to end the tree cutting program immediately, as I expect will happen.
It is so wonderful to have so many people feeling so passionate about saving trees! You can and really have made a difference. That is usually the case when people get involved…so don’t stop here. I look forward to seeing many of you at Monday night’s 7:00pm workshop.
(please pass this on to others who have expressed concern about this matter)
Steve
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