7/12/1988 - Laserfiche WebLink

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SETTLEMENT ON OAK TREES AT 755 17th AVENUE - GOODMAN The Board reviewed the following memo dated 7/6/88: TO: The Board o County Commissioners THROUGH: Charles P. Vitunac - County Attorney FROM: U- William G. Collins 11 - Assistant County Attorney DATE: July 6, 1988 SUBJECT: Settlement on Oak Trees at 755 17th Avenue In the period between November, 1986 and early January, 1986 the County made application of a pesticide known as Krovar to certain ditches around the County. (See attached memo dated December 10, 1986 from Albert L. Van Auken, Superintendent, Road and Bridge Department.) The Krovar application can cause damage to oak trees near the application sites. A number of people throughout the County had oak trees affected. Most of these individuals have relinquished all claims against the County in exchange for the County removing the dead or damaged oak trees from their property at no expenses. Two cases of oak tree damage remain unsettled. We now have an offer of settlement on one of the outstanding cases, the claim of Mr. and Mrs. Goodman for trees damaged at 755 17th Avenue. Mrs. Goodman's original demand was for removal of the trees, replacement of the two dead trees with four oak trees (since oaks of a similar size a.re not transplantable) and in addition, the sum of $10,000.00.. (See attached _letter dated April 20, 1988 from Wayne R. McDonough, attorney for Mr. and Mrs. Ivan Goodman.) The County made an on-site inspection of the trees with Urban Forester William DeBraal who verified that the trees were in fact dead. One tree was 35 feet in height and had a diameter of 231 inches at 41 feet above the soil. The second tree had a height of 33 feet and was 21 inches in diameter at 41 feet above the soil level. It was Mr. DeBraal's opinion that a $10,000.00 claim for the two trees was excessive. An appraisal was performed of the Goodman lot in which the appraiser concluded that on a small lot such as this, oak trees do not have a si.gnificant effect on the value of the property. The Goodman's attorney, Mr. McDonough, was informed of these findings. Once appraisals had been performed, County crews removed the dead trees on the Goodman property in order to avoid any future liability from falling limbs in windstorms. On July .5, 1988 this office received.a second offer of settlement from Mr. McDonough (see letter dated June 30).in which a settlement in the sum of $4,500.00 for the two trees was offered. This amount is more in line with the conclusions as to value of oak trees by expert foresters. I would recommend the Board approve a full and final settlement in the sum of $4,500.00 with Mr, and Mrs. Goodman as proposed by their attorney. 'JUL 12 35 B®oK 73 pnv3 241