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HomeMy WebLinkAboutVI. COW Agenda Item EAB Update Mount Prospect Mount Prospect Public Works Department � m INTEROFFICE MEMORANDUM TREE QTY USA TO: VILLAGE MANAGER MICHAEL E. JANONIS ✓ FROM: FORESTRY /GROUNDS SUPERINTENDENT DATE: SEPTEMBER 23, 2010 SUBJECT: EMERALD ASH BORER UPDATE On September 28, 2010, Forestry /Grounds staff will provide another update to the Village Board about Emerald Ash Borer (EAB). This tree - killing insect has continued to spread throughout Illinois and is now in fifteen U.S. states. As you will recall, the Village has been preparing for EAB since 2002. In 2009 the Village Board adopted Mount Prospect's official EAB Management Plan. We have been following that plan since then, except that budget considerations have drastically slowed our ash reduction/replacement program. Given that an estimated one of every six trees in Mount Prospect is an ash, the potential effect on our community is substantial. At the September 28 meeting, staff will provide the Board with up -to -date information about EAB and our management activities this year. In addition staff will specifically present information and answer questions about the following: I. New Public Education Efforts Staff will provide details on an expanded public information campaign, which will include the following elements: 1. News Releases 2. Village Website Updates 3. Updates to "The Green Menace" for MPTV 17 4. Updates to our EAB in Mount Prospect Brochure 5. Postcard mailing to property owners where we have parkway ashes II. Ordinance Updates In March 2010, the Village Board discussed some proposed changes to Chapter Nine Article 7 of the Village Code. These changes would require property owners to promptly remove privately owned EAB — infested ashes at their own expense (see Attachment A). Additionally, staff noted that a number of "housekeeping issues" in various code chapters should probably be addressed at the same time. Attachment B is an updated summary of the housekeeping issues. The Board consensus was that all the proposed changes should be presented at a future Board meeting for consideration and adoption. Staff is currently working with Village Attorney George H:\Forestry\EAB IN MP\2010\MEMO- SEPTEMBER 28 COW EAB UPDATE.doc Wagner, and we propose to present these ordinances for discussion and approval at the October 19, 2010 Village Board meeting. III. No- Interest Loan Program for Private Ashes and Elms During our update to the Board last March, we proposed the formalization of an interest -free loan program to assist property owners removing privately -owned dying ashes and elms. We noted then that such a program has informally existed for many years with Dutch Elm Disease. With the potential for thousands of private ash trees needing removal in the next ten years, we believe that formalizing this program now will help slow down the spread of EAB. Although the Board's discussion last March generally indicated support for the idea, we were asked to further confer with Finance Director David Erb and come back to the Board with more specific costs estimates and guidelines. The proposed program is described in Attachments C, D & E. The Finance Director believes this program would be beneficial to the Village and residents. Importantly, he notes that the net impact to the Village budget by creating separate revenue (repayment) and expense (loan) accounts would be zero. He proposes that the initial budget for the first year of this program would be $30,000.00, which would cover an estimated 50 removals costing $600.00 each. IV. Updated Insecticide Recommendations As explained in our EAB Management Plan, researchers have had some success in treating healthy ash trees to protect them from EAB infestations. With that in mind, with Board approval Forestry /Grounds arborists identified roughly 800 high quality parkway ash trees that we have treated annually with imidacloprid since 2009. (Imidacloprid is a preventative insecticide which has had fairly good success in protecting healthy ash trees, even in areas where the EAB population has exploded.) At this time, we are encouraging private property ash tree owners to consider preventative treatments of their own trees starting next spring. If the trees are of high quality and the property owner is able to afford regular treatments, they are well advised to consider treating the trees. Trees smaller than 15" in trunk diameter can be treated successfully by property owners, but new research indicates that larger trees are best treated by tree care companies who have access to more potent insecticides. Property owners who elect not to treat their ash trees are encouraged to budget for removal (and hopefully replacement) of these trees within the next ten years. On the Village of Mount Prospect website, we have placed a link to a document which we consider vital reading for owners of ash trees. This report, entitled "Insecticide Options for Protecting Ash Trees from Emerald Ash Borer" was jointly compiled by leading researchers in the field. The report guides property owners through the sometimes complicated decision-making process when trying to decide whether insecticidal treatments are worth the cost. H: \Forestry\EAB IN MP\2010 \MEMO - SEPTEMBER 28 COW EAB UPDATE.doc V. Proposed Fall /Spring Ash Reduction/Replacement In our 2009 EAB Management Plan the Board approved the concept of ash reduction. Our goal was to remove and replace as many poor quality ash trees as possible before we were faced with removing a large volume of infested trees all at once. (Due to the removal cost and liability issues of having a large number of dead trees standing all at once, it is to the Village's advantage to spread out the removals over as long a period of time as possible.) We started this program by removing ashes underneath power lines and replacing them with tree species more suitable for the location. After this, we started removing ash trees with poor condition ratings, and replacing them with a diversified mix of species that grow well in our area. After the Management Plan was adopted we began submitting our annual CIP requests for EAB reduction based on the goal of removing and replacing 3,200 parkway ash trees over a ten year period (320 trees per year). Unfortunately, these requests were not economically feasible, and we had to drastically scale back our plans. Subsequently, so far we have only removed 208 trees on the ash reduction program. In the 2010 budget we expect that we will end the year with a $50,000.00 surplus in our Contractual Tree Removal Account. This is due to favorable bid prices as well as a reduced incidence of Dutch Elm Disease /Elm Yellows this year. In order to continue with ash reduction/replacement, we are proposing that this surplus be used for an ash reduction program this fall. We also propose carry over some of the funds to plant 1 ' /2" replacements next spring. At current costs we believe we could remove approximately 150 ash trees (with an average dbh of 16 ") and replace 135 11/2" trees. (Please note that due to spacing requirements, not every tree that is removed will be replaced.) VI. Benefits of Trees In my view, no discussion of EAB could be complete without a reminder that in spite of their costs, trees provide immeasurable benefits to our community. When faced with the kinds of costs that can result from an invasive pest like EAB, it is vital to remember that the benefits of maintaining a healthy urban forest far outweigh the costs. At the September 28 meeting, staff will briefly present a new U.S. Forest Service model that quickly calculates the dollar value of these benefits including reduction of storm water runoff and energy use, property value increases, improvements in air quality and more. H: \Forestry\EAB IN MP\2010 \MEMO - SEPTEMBER 28 COW EAB UPDATE.doc - at tme_v► f 1A- Proposed Changes to Chapter 9 of Village Code September 16, 2010 9.705: DEFINITIONS: Whenever used herein, the following words shall have the following definitions: ARBORICULTURAL STANDARDS MANUAL: A document of specifications and guidelines relative to tree planting, maintenance and removal based on accepted arboricultural and safety standards. All references within this article to the village Arboricultural Standards Manual shall pertain to the most current version of this document on file in the offices of the department of public works Village Clerk. ASH TREE: Any tree of the genus "Fraxinus" which includes any portions thereof, the logs and stumps thereof, and any wood piles consisting of portions of any such tree. BOUNDARY TREE: A tree that has any portion of its trunk column located on a property line between private property and public property or right of way. CALIPER: The diameter of a tree measured at six inches (6 ") above ground level. Caliper measurements are typically used to report the diameter of trees that are less than three inches (3 ") in diameter at 4.5 feet above ground level (see definition of Diameter At Breast Height (DBH)). CRITICAL ROOT ZONE: The entire ground area within the vertical projection of the crown of a tree; this area is also commonly referred to as the area within the drip line of a tree. DIAMETER AT BREAST HEIGHT (DBH): The diameter of a tree measured at 4.5 feet above ground level. If the lowest branches of the tree are below 4.5 feet above ground level, diameter is typically measured at the narrowest point between ground level and the lowest branch. For trees Tess than three inches (3 ") in diameter at 4.5 feet above ground level, caliper measurement is typically used to report the diameter of the tree. DIRECTOR OF PUBLIC WORKS: Refer to section 15.202 of this code. DRIP LINE: The ground directly beneath the tips of a tree's outermost branches. DUTCH ELM DISEASE: A fungal disease of elm trees known scientifically as Ophiostoma ulmi or Ophiostoma novo -ulmi. ELM BARK BEETLE: The European elm bark beetle known scientifically as Scolytus multistriatus, or the native elm bark beetle known scientifically as Hylurgopinus rufipes. H: \Forestry\EAB IN MP \ORDINANCE CHANGES.doc ELM TREE: Any tree of the genus "Ulmus" which includes any portions thereof, the logs and stumps thereof, and any wood piles consisting of portions of any such tree. EMERALD ASH BORER: An insect known scientifically as Agrilus planipennis Fairmaire, in any form, adult or larva (the immature stage). Commonly referred to as EAB. FORESTRY /GROUNDS SUPERINTENDENT: The person appointed by the director of public works to serve as the primary authority on the establishment, care and removal of trees within the village, or any person authorized to act in the superintendent's stead. GYPSY MOTH: An insect known scientifically as Lymantria dispar. HARDSCAPE: Any paving material such as concrete, asphalt or bricks used in the construction of streets, parking lots, sidewalks, driveways, or other impervious surfaces on public rights of way. INFESTED: Inhabited by insects or overrun in numbers or quantities large enough to be harmful. OAK WILT: A disease of oak trees caused by the fungus Ceratocystis fagacearum. PARKWAY: Refer to section 15.202 of this code. PREMISES: Any lot or tract of land within the village not owned by the said village or dedicated for public use. PRIVATE TREE: A tree that has its trunk column located entirely on private property, along with any boundary tree that becomes a private tree by agreement of the village and private property owner. PUBLIC TREE: A tree that has its trunk column located entirely on public property, along with any boundary tree that becomes, or remains, a public tree pursuant to section 9.707 of this article. ROOT COLLAR: The part of a tree or shrub, usually at or near ground level, where the roots and trunk column meet. The beginning of the root collar is usually identifiable as a marked swelling at the base of the trunk column. The root collar may also be referred to as the "root flare ". SHRUB: Any woody perennial plant that has the following characteristics when mature: usually has multiple stems, but may be single stemmed; does not have the potential to achieve a maximum height of greater than twenty feet (20'). SIGHT TRIANGLE: Refer to section 9.201 of this chapter. H: \Forestry \EAB IN MP \ORDINANCE CHANGES.doc TOPPING: The severe cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. TREE: Any woody perennial plant that has the following characteristics when mature: usually has a single main stem, but may be multiple stemmed; has the potential to achieve a minimum height of ten feet (10') at maturity. TRUNK COLUMN: An imaginary column which includes, and is the same diameter as, the trunk of a tree at its widest point before the root collar begins. VILLAGE: Refer to section 15.202 of this code. (Ord. 5253, 5 -21 -2002; amd. Ord. 5260, 6 -18 -2002) 9.713: DUTCH ELM DISEASE /EMERALD ASH BORER CONTROL: A. Nuisance Declared: Any tree found to be infected with Dutch elm disease or infested with Emerald Ash Borer (EAB), located on any premises in the village, shall hereby be declared to be a public nuisance and it shall be removed within ten (10) days following service of the notice for which provision is made herein. It shall be unlawful for any person that owns any premises on which such a diseased or infested tree is located to allow such tree to remain on any such premises after the expiration of ten (10) days after service of such notice pursuant to subccction D of this section. B. Breeding /Harboring Places Of Elm Bark Beetles or EAB, Nuisance: Elm and ash trees or parts thereof, in a dead or dying condition, including stumps and wood in wood piles, that may serve as a breeding or harboring place or places of the elm bark beetle or EAB are hereby declared to be public nuisances. It shall be unlawful for any person that owns premises on which any such trees, parts thereof, stumps or wood piles are located to permit the same to remain thereon after the expiration of ten (10) days after service of a notice to remove the same as provided herein. pursuant to subsection D of this section. It shall also be unlawful for any person or company to sell or otherwise dispose of elm or ash logs within the corporate limits of the village. In the event of such violation, that person or company shall be required to remove and properly dispose of the logs at his /their own expense within ten (10) days after service of a notice to remove the same. C. Enforcement And Inspection: The provisions of this section shall be enforced by the director of public works or his /her designee. The director of public works is hereby authorized, after giving notice of the intent and purpose, to enter in or upon any premises in the village, at all reasonable hours, for the purpose of inspecting such premises as the director of public works has reasonable cause to believe may contain diseased or infested trees or breeding /harboring places of the elm bark beetle or EAB. The director of public works may remove from such trees such samples, borings or specimens as are required for the purpose of making a laboratory analysis to determine whether any tree located thereon is infected with Dutch elm disease or is infested with EAB, or is a breeding /harboring place of the H \Forestry\EAB IN MP \ORDINANCE CHANGES.doc elm bark beetle or EAB. It shall be unlawful for any person to prevent the director of public works from entering upon such premises for the purpose of carrying out the duties specified hereunder or to interfere with the director of public works in the performance of the lawful duties authorized under the provisions of this section. D. Infested Ashes: For purposes of this Article, ash trees within the Village of Mount Prospect may be considered infested with Emerald Ash Borer if: 1. EAB insects in any stage of their life cycle are found in the tree or 2. The tree is more than half dead or 3. Any three of the following symptoms are present: Woodpecker injury, S- shaped feeding galleries, Epicormic sprouting, D- shaped emergence holes, Bark splits, Crown dieback E. Abatement: The procedures for abatement of the nuisance defined in Subsection A shall be as set forth in Section 23.1404 of the Village Code, except that the following notice provision shall apply in lieu of subsection B of Section 23.1404: 1. Notice: If any tree growing on any premises in the village is found to be infected with Dutch elm disease or infested with EAB, the director of public works shall serve a notice upon the owner of the nuisance or the owner of the property on which the nuisance exists, or occupant of the premises on which the said tree is growing to remove the said tree within ten (10) days. Such notice shall contain the following information: a. The identity of the property, by common description. b. The tree affected. c. A notice that it is unlawful to permit such infected or infested tree to remain on the property. c}. A request for the removal of the tree. e. A notice that if the tree is not removed within ten (10) days, the village will make necessary arrangements to remove the same and charge the cost thereof to the owner or occupant of the premises ; and 6. A notice that if the cost and expcnse incurred in the removal of such infected tree is not paid, then within ninety (90 e . - • - - . - - ' and expcnse has becn mailed to the property owner, a notice of lien on the of titles, whichever is applicable, of Cook County, Illinois. H: \Forestry\EAB IN MP \ORDINANCE CHANGES.doc _- • - e- -- • a - • _ _- _ -- _ - _ _ -_ -_ -- - _ - _ --e - 2 - • - .- - .. • • - • e • _ _ • - - r - . .- •• _ • _ • _ • • •• _ .. - the diseased tree is located and remove the tree. The cost a - - Re of such premises. F.Liens: If a-d-ic aced tree is removed by the village, or by someone directed to remove of removal incurred by the village may be rccordcd in the following manner: the village, or the person or firm authorized by the village to remove such tree in his or its own name, shall file a notice of lien in the office of the recorder of deeds of Cook e •_ - . - - - .. - -•; 2. The amount of the cost and expense incurred or payable for the service; and 3. The date or dates when such cost or expensc was incurred by the village. expensc has been mailed to the property owner. G.Rclease Of Lien: Upon payment of the cost and expense by the owner or persons interested in the real estate affected, after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the notice of lie F.Penalty: Any person violating any provision of this section shall be fined an amount set forth in appendix A, division III of this code, for each offense, and a separate offense shall be deemed to have been committed on each day during or on which a diseased or infested tree is permitted to remain after thirty (30} ten (10) days from service of notice. (Ord. 5253, 5 21 2002; amd. Ord. 5260, 6 18 2002} Appendix A Division III Penalties and Fines Section 9.713, DUTCH ELM DISEASE /EMERALD ASH BORER CONTROL H. Fine: Not less than $500.00 nor more than $1,500.00 for each offense. H: \Forestry\EAB IN MP \ORDINANCE CHANGES.doc September 16, 2010 Summary of Code "Housekeeping" issues that Forestry /Grounds wishes to address: A. Chapter 9, Article 1 In 9.1O3A1, should the word "article" be replaced by the word "chapter" to make this section apply to more than just citations? B. Mobilization Fee We (Public Works and Finance) decided last year that the Village should charge a $500.00 mobilization fee in additional to contractual costs when we need to forcibly remove diseased trees on private property, in order to cover our administrative costs. We felt this was in keeping with our Mobilization Fee policy that was formalized in recent years, and defined in Sean Dorsey's attached document called "Equipment Labor Charges ". Finance Director Dave Erb indicated last Spring that he feels wording authorizing this $500.00 charge should probably be placed in Chapter Nine if we are going to use it for forced tree removals. Sean Dorsey stated today he feels the wording should be placed somewhere in the Code where we can use it to justify charging this fee not just for tree removals but also for all the scenarios described in Sean's document. C. Arboricultural Standards Manual definitions As you will recall, when we first created the Arboricultural Standards Manual years ago the official version was kept on file at Public Works. In 2007 we were told the official version needed to be kept at the Village Clerk's office and it needed to be officially readopted by the Village Board. Chapter 9, Article 8 was adopted in December 2007 and it defines the Arboricultural Standards Manual, but it does not state where the official version needs to be stored. The Manual is also referred to in 9.705, 9.709 and 16.902 but these still say it is at Public Works; we believe the definition needs to be consistent in all these sections. D. Chapter 9, Article 8 Part 5a of 9.821 states that all roots greater than one (1 ") in diameter that are encountered must be pruned; this should be changed to 2" to match current practice and the Arboricultural Standards Manual. Part 5c states that the replacement cost of $100 per inch will be used for destroyed trees; this needs to be changed to $150 per inch for the same reason. E. Appendix A, Division 3 (Penalties and Fines) 9.713 Title needs to be changed to match newly revised Section 9.713 (adding the words "Emerald Ash Borer "), 9.718 Add these words to the very last line which explains the rate for destroyed trees: "as measured 4 1 /2 feet above ground." F. Finally, the Arboricultural Standards Manual itself needs to be updated to address Emerald Ash Borer, correct one typo, and under the Removal Policy section change the Cost Share rate ($100.00) to reflect that the rate may change. H: \Forestry\WORD\2010 \Summary of Code Issues.doc Affach mut I- C, Mount Prospect Director Deputy Director Glen R. Andler Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056 -2229 September 28, 2010 Proposed Guidelines 2011 No- Interest Loan Program for removal of Private Property Ash and Elm trees 1. The tree being removed must be a dying or dead elm or ash tree on private property within the Village of Mount Prospect's corporate limits. 2. For 2011 the Village Board will appropriate a maximum of $30,000.00 for this program; funds will be dispersed on a first come first served basis. 3. Property owners need to complete and submit an application form along with the financial information described on the attached. Only owners whose income does not exceed the stated amounts will be eligible. 4. Prior to tree removal, the property owner needs to obtain and submit to the Village at least two written quotes from private firms; quotes shall include the removal of the stump. The firm should be made aware that the Village will be paying for the removal. The selected firm will need to submit a copy of their current insurance coverage, a copy of their Mount Prospect's Contractor's License (available from the Building Division at 50 S. Emerson), a copy of the most recent Illinois Department of Agriculture (IDA) EAB compliance agreement and a copy of their W -9 form, if not already on file with the Village. 5. After the loan is approved the property owner must sign a promissory note outlining the terms of repayment. The property owner shall then arrange for the removal date with the contractor, which must happen within 10 days of loan approval. After removal, the contractor should submit an invoice to the Forestry Division. The Village will pay the contractor, and then bill the property owner. 6. The property owner shall be responsible for reimbursing the Village in full. Payments to the Village must be made on a monthly basis with the full loan amount repaid within one year. Phone 847/870 -5640 Fax 847/253 -9377 www.mountprospect.org H: \Forestry\EAB IN MP\2010 \No- Interest Loan Program Guidelines.doc R+fo ch m m D MAYOR Mrxant VILLAGE MANAGER Irvana K. Wilks Michael E. Janonis TRUSTEES VILLAGE CLERK Paul Wm. Hoefert M. Lisa Angell Arlene A. Juracek A. John Korn Phone: 847 /392 -6000 John J. Matuszak Fax: 847/392 -6022 Steven S. Polit www.mountprospect.org Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 October 2010 Dear Property Owner: The Board of Trustees of the Village of Mount Prospect has authorized a No- Interest Loan Program to assist owners of property within Mount Prospect's corporate limits with the cost of removing dead or dying ash or elm trees. This is available to any current property owner whose income does not exceed certain income guidelines. Below is a list of the income guidelines based on the number family members residing in the household: II�IIIt . E # of Family Maximum Income Members Level 1 $21,660 2 $29,140 — 3 $36,620 ._ 4 $44,100 5 or more $51,580 Attached is an application form that must be completed to determine if you qualify for the loan program. Please note that you will need to submit with your application a signed copy of your 2010 Federal Income Tax Return (if filed). If you did not file a 2010 Federal Income Tax return you will be required to provide other records to verify your income for 2010. A signed copy of a 2010 Circuit Breaker Form IL -1363 is acceptable in lieu of a tax return. If we can help you with questions or provide assistance in completing this application, please call Lisa Burkemper at (847) 818- 5277. For questions related to actual removal of the tree(s), please contact the Public Works Division at (847) 870 -5640. Sincerely, David O. Erb Finance Director C:\Documents and Settings\sclark\Local Settings\Temporary Internet Files \OLKE52 \Tree Removal Loan Program.docx u chb 1 £ VILLAGE OF MOUNT PROSPECT Application for No- Interest Loan Program For Removal of Dead or Dying Ash or Elm Trees Any current resident of the Village of Mount Prospect who is the owner and occupant of a residential unit and whose income does not exceed certain income guidelines may be eligible for a no- interest loan program for the removal of dead or dying ash or elm trees. To qualify for the program, the maximum income levels are as follows: # of Family Maximum Members Income Level 1 $21,660 2 $29,140 3 $36,620 4 $44,100 5 or more , $51,580 Income includes Social Security and other non - taxable income. A signed copy of your 2010 Federal Income Tax Return, must be included with this application. If you did not file a 2010 Federal Income Tax return you will be required to provide other records to verify your income for 2010. A signed copy of a 2010 Circuit Breaker Form IL -1363 is acceptable in lieu of a tax return. If we can help you with questions regarding this program or provide assistance in completing this application, please call Lisa Burkemper at 847 - 818 -5277. Name Phone Number Address No. of Family Members 2010 Household Income If you filed a 2010 Federal Income Tax Return, fill in line 1 below; if you did not file a 2010 Federal Income Tax Return fill in lines 2 and 3 below: 1. Federal Income Tax Return Adjusted Gross Income 2. Interest Income, Dividends, Capital Gains, Business Income, Rental Income, and any Miscellaneous Income 3. Income or receipts not included in lines 1 or 2 above: a. Social Security Income or Railroad Retirement Income b. Pension, Annuity, or Endowment Income c. Tax Exempt Interest Income d. Public Assistance Cash Payments e. Alimony f Any Other Income 4. Total Household Income Loan Amount No- Interest Loan Amount (to be completed by Village of Mount Prospect) The above information has been verified by I/We hereby certify that to the best of our knowledge the above information is correct Date Approved for Payment by Property Owner Date Finance Director Date Property Owner Date