On October 16, 2019, at 7pm, the Village Board had a public hearing on the adoption of VSC-1903 Section 121-701, a revision to the Village laws pertaining to trees.

The Village “tree commission” is empowered to oversee the tree permit applications and has the power to deny a tree removal request. If a homeowner claims a tree is sick or dying, or has some other issue, the tree commission may demand a “certified arborist” examine the tree to determine if alternate measures can be taken. People selected to serve on the tree commission tend to be biased against homeowners that are attempting to remove a tree.

The proposed law states the following:

§121-701(F)(2) The Commission,,,,, may…obtain the services of a certified arborist regarding the advisability of removal or the viability of the existing tree. The cost of this professional evaluation shall be borne by the applicant {homeowner}…. applicant shall deposit with the Village clerk a check for $500 on account of such professional evaluation.

I am a long time resident and head of the Sea Cliff Property Owners Committee. I questioned the Village Board over the proposed law. I stated that the law, as written, would give the tree commission unlimited powers to demand arborist inspections at whim, for any tree removal. It could force homeowners to hire a arborist of the Village’s choosing. It could be a potential conflict of interest as such an arborist would work for the village not the homeowner. This law could drive up the cost of tree removal to as much as $1000 per tree just for permits and fees ($500 arborist + $500 permit). The law also provides no process for appeal or dispute of the determination of the Village arborist.

After my comments, Trustee Dina Epstein, in a condescending tone, told me that I had it all wrong, and that the law didn’t say what I claimed. She said there was nothing in the law that would force hiring a “village arborist.” Mayor Lieberman interrupted her, in a face saving move, because it was apparent Epstein misread the proposed law. The trustee’s took a moment to exchange whispered tones.

I went on to respond to Epstein saying, “Then why is the Village collecting a check for $500″ (as if my eyes are lying to me.) The Mayor defensively stated the money would be “held in escrow,” and paid to a homeowner’s hired arborist. I replied that the law makes no provision for holding money in escrow. This would be a convoluted arrangement where a homeowner would hire any independent arborist which then gets paid by the Village clerk? Also, there is no definition of a “certified” arborist. Certified by who? The Village?

(^^^ READ THE LAW AGAIN AND WHAT DOES IT SAY TO YOU ^^^)

The Mayor went on to say if the tree commission because abusive he would intercede and rein them in. He went on to say we had representational government, and if we didn’t like the process we could change it at election time. I replied claims of representational government were not an excuse for bad law. Furthermore protections for property owners need to be codified, and that property rights are not a ballot box issue.

Despite raising these issues, the Village Board voted to approve and enact this terribly flawed law.

Clearly the law as enacted is bad for property owners. It increases the cost to Village property owners and interferers with YOUR management of YOUR own property. It is unbelievable that the Village Board could draft and approve such outrageous legislation.

Please sign up with the Sea Cliff Property Owners Committee so we can keep you updated on further developments at our sign up page.

Sincerely,

Anthony Losquadro