HomeMy WebLinkAboutV. COW Agenda Item Emerald Ash Borer Update
Mount Prospect
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INTEROFFICE MEMORANDUM
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TRIlE CITY USA
Mount Prospect Public Works Department
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: FORESTRY/GROUNDS SUPERINTENDENT
DATE: MARCH 17,2010
SUBJECT: EMERALD ASH BORER UPDATE/ORDINANCE
BACKGROUND
Starting in 2004, Forestry/Grounds staff has regularly updated the Village Board about the
expected arrival of Emerald Ash Borer (EAB) in Mount Prospect. This insect has the very real
potential to kill approximately one of every six of the Village's trees. In March of 2009, the
Village Board adopted a comprehensive Emerald Ash Borer Management plan. This plan
included a variety of measures designed to promote early detection of EAB, slow its spread
once found, and minimize the effects on the Village's urban forest and budget. Since then EAB
has continued to spread to additional states and within Illinois. Throughout Illinois, EAB is
now known to be present in 90 locations. Last summer, EAB was found in Arlington Heights,
less than one mile from the Village's borders. It is highly likely that EAB will be found in
Mount Prospect in the very near future.
MANAGEMENT ACTIVITIES IN THE PAST YEAR
Forestry/Grounds efforts in the last year have focused to a large degree on continuing many of
our past practices. These include public education, placement of purple monitoring traps,
peeling bark from all ash trees being removed and thorough inspection of declining ashes.
Additionally, as approved by the Board last year, roughly 800 high quality ash trees of selected
species received a preventive treatment of the insecticide imidacloprid. Also, Ash Reduction
efforts led to the removal of 129 ash trees in poor sites or poor condition. These trees will be
replaced this coming spring with a variety of tree species, where space allows. Unfortunately,
we were unsuccessful in detaining federal stimulus money to pay for our Ash
Reduction/Replacement efforts as we had hoped.
WOOD UTILIZATION EFFORTS
Last year we also completed an interesting wood utilization project using logs from some of the
removed ash trees. We obtained various partners who reduced costs or donated services for
this project, including Commonwealth Edison, Horigan Urban Forest Products, Parenti &
Rafaelli and EJ. Self. The end result was a beautiful decorative wall, lobby furniture and
baseboard at the Emergency Operations Center/Public Works facilities. The various processing
steps have been filmed and MPTV17 staff is in the process of preparing a video for public
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viewing. Forestry staff will host a meeting of the Illinois Wood Utilization team in October at
the EOC; our project will serve as a small scale demonstration of what can be done with
reclaimed ash.
BUDGET CUTS
Unfortunately, the schedule we had proposed last year for Ash Reduction/Replacement was a
victim of the economic times. The EAB Management plan describes a 10 year plan to remove
3390 parkway ashes and then replace them. The 2010 budget includes no funding for this
project. Staff is hopeful that these efforts will be able to resume in 2011 if funding is restored.
As far as insecticides, no funding was appropriated for EAB treatments in 2010. However,
staff proposes to use part of account #0015203-540741 (Gypsy Moth Spraying) to pay for this
year's treatment of the 800 selected high quality ashes. This work will be done by TruGreen,
as the second year of a 2 year contract per Village Board approval on April 21, 2009. Cost of
this work will be $18,750.55.
ADDITIONAL 2010 GOALS
The Illinois Department of Agriculture recently revised their Compliance Agreement that
describes how ash materials must be handled in Illinois. The new version will require us to
cover and contain any loads of ash logs being transported out of our town during the flight
season (May 1 to September 1). Although we currently plan to avoid ash removals during
flight season, there will likely be times a hazardous ash tree can't wait for removal, or a storm
results in fallen ash trees. And, as previously mentioned, we may find EAB at any time and
then it will be prudent to begin removing known infested trees immediately. For this reason,
we are investigating the options for various tarp mechanisms that can be used to contain log
loads. At this time it appears we will only need to outfit one truck and the cost is not expected
to exceed $3,000.00.
Finally, we plan to continue our efforts to locate possible sites for a "marshalling yard" where
large volumes of ash logs might be temporarily stored until they can be processed and taken
away. We have made some informal inquires in the past but we believe we need to try to firm
up some more formal agreements before EAB arrives.
ORDINANCE/LOAN RECOMMENDATIONS
In 2008 and again in 2009, the Village Board approved Public Works' recommendation to
modify Village Code so that property owners will be required to promptly remove any EAB
infested private property ashes at their own expense. Attachment A shows proposed changes to
Article 7 of Chapter Nine of the Village Code. Besides adding the necessary language about
EAB, the attachment includes changes proposed by Village Attorney George Wagner in 2007
regarding "service of notice" and abatement issues. (This language will make this article
consistent with other Village code sections that have already been updated).
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Note that with passage of the proposed ordinance, many of the same general provisions that
now apply to diseased elms would apply to infested ashes. Property owners would be required
to promptly remove the tree at their own expense (10 days per code, but in reality a 30 day time
frame is more feasible). If the property owner did not act, Public Works would proceed to hire
a contractor to do the removal. The property owner would then be responsible for reimbursing
the Village, or face the possibility of a lien.
As mentioned in the past, enforcing just the existing Elm removal provisions is very time
consuming, especially when property owners don't cooperate. (Last year it took the equivalent
of one person working six full weeks just to enforce the removals of 79 private elms). For this
reason, Finance Director Dave Erb has recommended, and we concur, that the Village's
administrative costs be added to the bill that is sent to property owners who do not cooperate.
The necessary language for this change has been added to the proposed ordinance.
If the Village Board concurs, we propose that these changes be presented in ordinance form for
adoption at an upcoming Village Board meeting.
Finally, in 2009 staff proposed Board consideration of a no-interest loan program to help
private property owners pay for removal of infested ashes. The Village has unofficially offered
such a program for diseased elm removals for quite a few years when property owners claimed
a financial hardship. Last year the Board asked for additional information about how such a
program for ash removals might work and what the financial effects might be.
Recently, we reviewed our records on private property elm removals from 2000 to 2008, and
learned that we had required the removal of 564 trees. Of those, although there were quite a
few inquiries, only 10 property owners actually followed through and requested the no-interest
loan. Average loan size was about $1845.00, but it should be noted that most of the Village's
elm trees are much larger than our ashes, so ash removals should generally cost less.
After last year's Committee of the Whole meeting, Public Works staff met with Finance
Director Dave Erb. Mr. Erb indicated he could support the initial offering of a no interest loan
program for private Ash removals. However, he noted that if the demands for the program
grew rapidly the Village might have to rescind the program. Mr. Erb also felt that property
owners should be required to meet the same income limits used for the Village's Property Tax
Relief Grants in order to be eligible for a no interest loan for both Elm and Ash removals. (A
copy of the application for that program is seen in Attachment B). We agree with Mr. Erb's
recommendations and ask that the Board approve the implementation of this no-interest loan
program.
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CONCLUSION
Finally, staff would like to state once again the opinion that once Emerald Ash Borer arrives in
full force and thousands of trees begin dying, existing budget and staffing levels will not allow
an adequate response. If additional staff and/or funding cannot be made available, we believe
that some current duties will need to be curtailed and selected Village services discontinued.
Staff will be present on March 23,2010 to answer any questions and receive Board direction.
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Glen R. Andler
Attachments
A. Proposed Changes to Chapter 9 of Code
B. Application for Property Tax Relief Grant
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Attachment A. Proposed Changes to Chapter 9 of Village Code
9.705: DEFINITIONS:
Whenever used herein, the following words shall have the following definitions:
ARBORICUL TURAL 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.
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 lONE: 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 less 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.
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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.
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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 subsection 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
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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.
d. 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. -;--aRG
6. ^ notice th3t if the cost and expense incurred in the removal of such inf-ected
tree is not paid, then 'Nithin ninety (90) d3Ys after an invoice for such cost
and expense h3s been mailed to the property O'Nner, a notice of lien on the
real est3te affected 'Nill be filed in the office of the recorder of deeds, or registrar
of titles, 'Nhichever is 3pplicable, of Cook County, Illinois.
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E.l\batement: If any person served with 3 notice to remove 3 diseased tree refuses or
neglects to remove the tree, within ten (10) days of the date that such notice is
served, then the director of public works may enter in or upon the premises 'Nhere
the diseased tree is located and remove the tree. The cost and expense of such
removal shall be charged to and paid by the O'Nner or occupant of the lot or
premises.
F.Liens: If a diseased tree is removed by the village, or by someone directed to remove
the said tree on behalf of the village, a notice of lien containing the cost and expense
of removal incurred by the village may be recorded 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
County, Illinois, or, 'Nhere 3pplicable, in the office of the registrar of titles of Cook
County, Illinois. The lien notice shall consist of a S'Norn statement setting out:
1. l\ description of the re31 estate sufficient for identific3tion;
2. The amount of the cost and expense incurred or payable f-or the service; and
3. The date or dates v..hen such cost or expense was incurred by the village.
Such notice shall be filed 'Nithin ninety (90) days after an invoice for such cost and
expense h3s been mailed to the property O'Nner.
G.Release Of Lien: Upon payment of the cost and expense by the O'Nner or persons
interested in the re31 estate 3ffected, after notice of lien has been filed, the lien shall
be released by the village or person in 'Nhose name the lien has been filed and the
release may be filed of record in the same manner herein provided for the filing of a
notice of lien.
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 182002)
Appendix A Division III Penalties and Fines
Section 9.713, DUTCH ELM DISEASE IEMERALD ASH BORER CONTROL
H. Fine: Not less than $500.00 nor more than $1,500.00 for each offense.
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Il+-fa ch 111t26/I-l- 8
VILLAGE OF MOUNT PROSPECT
Application for
2009 PROPERTY TAX RELIEF GRANT
Any current resident of the Village of Mount Prospect who is the owner and occupant of a single-family residential unit and
whose income does not exceed certain income guidelines may be eligible for a Property Tax Relief Grant as authorized under
Article XIV of Chapter 8 of the Mount Prospect Village Code.
To qualifY for the 2009 grant, the maximum income amount for a one-member family unit is $21,660, and the maximum income
amount for a family unit of two or more members is $29,500. The grant amount will be fifty percent (50%) of that portion of the
2008 real estate property tax, up to a maximum of $100.00, levied by and on behalf of the Village and paid by the applicant.
A copy of the 2nd installment of your 2008 Real Estate Tax Bill, a signed copy of your 2008 Federal Income Tax Return (if
filed), and a copy of your Social Security benefit statement (Form SSA 1099) for 2008 must be included with this application. If
we can help you with questions regarding the Property Tax Relief Grant or provide assistance in completing this application,
please call Lisa Burkemper at 392-6000 - Ext. 5277. This application must be filed no later than December 4, 2009.
City & State
Phone Number
Social Security No.
Property LD. No.
No. of Family Members
Name
Address
2008 Household Income
If you filed a 2008 Federal Income Tax Return, fill in line I below; if you did not file a 2008 Federal Income Tax Return
fill in line 2 below:
I. 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 I 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
Property Tax Relief Grant Amount
2008 Property Taxes levied on behalf of the Village of Mount Prospect
2009 Property Tax Relief Grant
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
Property Owner
Date
Finance Director
Date
Property Owner
Date