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Gilbert delays tree removals in College Park Country Estates after residents contest town records

Gilbert Town Council · December 17, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

After an extended public hearing, Gilbert staff outlined plans to remove red gum eucalyptus trees identified as safety risks; residents produced easements and minutes they say obligate town maintenance. Council directed staff to review documents and extended homeowner response time to March 31, 2025.

Mayor Bridget Peterson opened a public hearing Dec. 17 on maintenance and potential removal of eucalyptus trees in College Park Country Estates after staff identified spontaneous limb drops and property damage. Jessica Merlo, a town staff member, told the council the town had identified nine eucalyptus trees as hazards (now eight after one was removed) and presented an arborist assessment describing susceptibility to "sudden summer branch drop," a syndrome that can cause unannounced limb failures.

Residents disputed staff findings and the town’s characterization of past agreements. Bridal Wood, a College Park Country Estates resident, said she possesses "an original easement agreement that was signed by the town, which agrees to pay all damages, injuries, and losses to persons, fences, as well as improvements," and offered the document to staff for review. Several other speakers, including Raeanne Wood and Lester Pierce, cited council minutes and maintenance records from the late 1990s that they say show the town agreed to ongoing maintenance and pruning schedules.

Jessica Merlo acknowledged gaps in communication and that some maintenance had not been performed in certain years; she said the town’s contractor performs pruning at its discretion and that staff had observed multiple limb-fall claims since fall 2023. Merlo told the council the town received three claims in excess of $15,000 that were settled for about $10,000 and that the primary concern is public safety.

Council members questioned whether historic maintenance lapses — including years with little or no pruning — contributed to recent failures, and whether a previously referenced 1998 council action constituted a legally binding agreement. Council Member Chuck Bongiovanni and others asked staff to review documents residents presented. Several residents urged alternatives to wholesale removal, including formation of a Parkway Improvement District (PKID) to fund maintenance or a memorandum letting adjacent homeowners assume liability and maintenance.

After extended discussion the council directed staff to review the records and legal questions raised by residents, to continue outreach, and to extend the deadline for the six adjacent homeowners who received letters from Nov. 7 so they can accept or decline responsibility. Mayor Peterson announced no trees would be removed immediately and set a new homeowner response deadline of March 31, 2025, to give staff time to examine the documents and report back (including possible executive-session review). The council did not take a final vote on tree removal during the meeting.

Next steps: staff will review the easement/plat documents and 1998 council records provided by residents, refine the town’s risk assessment for the identified eucalyptus trees, and report back to council prior to March 31, 2025. Residents and the council discussed PKID formation, a one-time courtesy removal offer for homeowners who do not want to take maintenance responsibility, and options for replacing removed trees with species approved under current town landscaping guidance.