CLAYTON — The matter before the Town Council was straightforward.
“We have a request from the folks ...
CLAYTON — The matter before the Town Council was straightforward.
“We have a request from the folks who own the Barbour Building to remove the three trees that are in front of them,” said Joshua Baird, the town’s engineer. “They’re growing into the utilities and into the facade of the building.”
But under rules written some years ago, the Barbour Building’s owners faced a fee of $750, or $250 per tree, to have them removed — even though the town planted them.
That didn’t sit well with many on the council.
“They didn’t ask for the trees to be out there,” said Councilman Jason Thompson. “The town put the trees there, and I don’t agree with anybody having to pay to take them down. These people just inherited our trees, but then we’re expecting them to pay a fee to take them out of there? That’s very wrong as far as I am concerned.”
“I agree with Councilman Thompson,” said Councilman Bobby Bunn.
Patrick Pierce, Clayton’s director of economic development, called the fee a staff-level policy, one written some six years ago, perhaps with council approval, perhaps not. The idea, he said, was to have money to replace trees on Main Street when the need arose.
“I guess a fee in lieu would be the best way to describe it,” Pierce said.
Mayor Jody McLeod said dropping the fee could ruffle some feathers. “I have heard from several property owners who have already paid the fee, and they don’t think it’s fair for it to just go away,” he said. “I don’t have a dog in the fight, but just be aware that while the good and right answer seems like we need to do away with the fee, you have to keep in mind those people who have already paid the fee.”
Bunn’s solution to that problem was to refund the fee to any property owners who had paid it. “If somebody would want their money back, let’s give them their money back,” he said. “Can’t be that many people.”
J.D. Solomon, then the interim town manager, said some refunds would be easy enough. “I know the Barbours have a check cut for the three at the Barbour Building, and I think that’s easy to tear up,” he said.
And Lyn Austin recently paid for tree removal. “And that’s certainly something easy to refund,” Solomon said.
But he wondered how far the town could or should go back to refund the fee. “We can’t go back 10 years, I don’t think,” he said.
Solomon asked the council for time to research the fee — who paid it and when. The next month, the council agreed to refund $4,750 in previously paid fees and scrap the $250 fee going forward.
No one, by the way, had qualms with chopping down the trees in front of the Barbour Building.
“The Barbour Building certainly warrants getting them taken away, because when you drive by, you can’t even see the front of the building to tell what businesses are in there,” Thompson. “I think we need to approve taking those trees down.”
The rest of the council agreed, with Councilman Art Holder willing to go even further. “Those trees are a safety hazard for cars,” he said. “If you don’t park your car just right, you can dent your car by opening the door against the tree. It wouldn’t bother me to take every tree on Main Street down.”
The council didn’t go that far, but Solomon said he would research the cost of taking down all remaining trees.