Town Council out on a limb over tree maintenance issues

Chris Davis, Pincher Creek Voice

Who's tree is this anyway?
C. Davis photo

     Pincher Creek resident Kevin Webster appeared before Town Council on Tuesday, October 11 with a complaint about the maintenance of trees in Pincher Creek, including the one in front of his house.  "There's trees all over this town that are causing problems," he said.  "The Town holds us (citizens) responsible for them."  Bylaw 1574-06, passed in 2006, appears to make citizens responsible for the maintenance of trees adjacent to their properties, even those that are on public (Town) land.  "You cannot write a bylaw that negates the municipal act," said Webster, after citing section 532 of the Alberta Municipal Act, which states in part  "Every road  or other public place that is subject to the direction, control and management of the municipality, including all public works in, on or above the roads or public place put there by the municipality or by any other person with the permission of the municipality, must be kept in a reasonable state of repair by the municipality". 


     "You cannot write a bylaw that negates the municipal act," Webster said with some exasperation. "It's very difficult for the town to expect citizens to repair property that requires special skills or equipment."  In terms of having the work done by professionals, or doing it himself, he said "They (tree surgeons) won't even touch a tree without a signed waiver from the town.  I'm not going to go out there and cut it because I have no liability. The Town has a hard decision to make.  You have to do something about it, or there's going to be problems."

     Webster's concerns were echoed by Pincher Creek Citizen Reg Kristoff, who also addressed the council.  "I live on Main Street, he said.  "They (tree cutters) will not touch it. This summer a branch came off, and took a power line off a neighbours house.  I'd like to know where I stand with that tree." "Can I cut it down, do we maintain, what do we do?  It's on Town property.  You can't touch it.  Tree cutters will not touch it."

     Later on council formally addressed the issue.  Councillor Sahra Nodge moved that Bylaw 1572-06 be referred to the Policy Review Committee.  Councillor Don Anderberg said "I think there was already motion. I'm really surprised this bylaw reads the way it does.  There were major discussions about it.  We went through all of this stuff, and the council of the day then said the Town was aware of the trees and is responsible for them."

     Anderberg  said that the Town had purchased equipment and paid to have personnel trained to do arborist work at that time, and that at least one person presently employed by the town was still trained in such work.

"Let's get it done," said Mayor Olsen.  Councillor Wayne Oliver agreed. "Let's move forward on it.  What are we going to do to remedy the tree problems for our citizens?" he said.
"I actually thought this bylaw had already been changed," said Anderberg.

The motion to refer the bylaw to the Policy Review Committee was unanimously passed.

Relevant Links:
Province of Alberta Municipal Government Act