Thursday, December 2, 2010

A Victory for David !

In a classic David vs. Goliath story, a group of citizens took on the tree trimming practices of some of the State's utility companies -- and have won a major victory.

On Tuesday, the Indiana Utility Regulatory Commission (IURC) announced a decision in the year long investigation of these practices. I'll go into the particulars of the decision in just a moment.

But, first, let me give hearty congratulations to Charlie Goodman, the only Citizen Lobbyist working the halls of the State Legislature, Jerry Baker, of Trader's Point, and all the others who formed the Indiana Tree Alliance, and systematically pursued the issue with the IURC. Their objections to the practices were not to the need for tree trimming when the trees pose a risk to power lines, but rather, to the over-reach of utilities, in particular Indianapolis Power & Light (IPL), in what amounted to a taking of private property. IPL claimed that they had the right to enter onto personal property to trim any tree it deemed in need of trimming - without any easement or permission of the property owner. They also exhibited a habit of trimming trees in ways that endangered the trees and did not in all cases, clean up the mess that the trimming created. You can visit the Alliance's website, http://www.indianatreealliance.com/ , for more details.

The IURC press release summarizes the 111 page order issued on Tuesday, November 30. Briefly, they determined that "Hoosiers would benefit from having consistency with regard to the rules and regulations surrounding tree-trimming practices and procedures". The Press Release goes on to say:
In its decision, the Commission stated that the utilities are required to adhere to nationally recognized best practices, as outlined by the ANSI A300 standards as well as other vegetation management guidelines detailed in the Order. For example, the utilities are now prohibited from "topping" trees or removing more than 25 percent of a tree's canopy without the property owner's consent. This decision stems from consumer complaints broached during the course of the proceeding. If the property owner does not consent, the utility must offer alternatives.

When contacting customers, the utilities must now provide notice in person or over the phone and provide at least one form of written notice to the customer. The initial notice should be no later than two weeks before the trimming is estimated to occur. In doing so, customers and utilities will have more time to discuss and resolve concerns. Further, once normal maintenance trimming is complete, the Commission finds that it is reasonable for the utility to have the debris promptly removed within three calendar days.

With regard to accessing property, utilities should use the public rights of way or easements. If the existing access points are insufficient, utilities either need to obtain such additional easements as necessary from the property owner, or obtain the consent of the property owner prior to trimming vegetation outside of the easement or right of way.

The major point that the Indiana Tree Alliance lost on, was the IURC decision that property owners may not hire their own tree professionals to do the trimming, but must rely upon the utilities.

The IURC will hold a 'technical conference' at 2:00 pm, December 15, to begin to craft new rules that will regulate the specifics of how Indiana utilities can trim trees on private property. They meet in room 220 of the PNC Center, which is on the southeast corner of Washington Street and Capital Avenue. The Indiana Tree Alliance is urging the public to attend to speak to what rules they would like to see created.

16 comments:

Anonymous said...

Decatur Township Schools is on Channel 14 - story is racial harassment!!!

Anonymous said...

That is Channel 13 not 14.

Anonymous said...

The police are supposed to talk at 6:00 p.m. Stinson says he did not know anything and the mother should have contacted him. Amazing, he is NEVER available and always innocent.

Anonymous said...

Decatur's board policy #5517 was NOT followed in this racial anti-harassment case. Check the policy on the Decatur website. Very sad. Stinson blames others - he is responsible when the policies are not followed.

Anonymous said...

How was board policy 5517 not followed in this case?

Anonymous said...

The policy states:

"The Superintendent or designee shall provide appropriate training to all members of the School District community related to the implementation of this policy and its accompanying administrative guidelines."

The lawyer should asks for evidence of the training and also for a copy of the administrative guidelines.

Who is the complaint coordinator?

Anonymous said...

Anon 6:57: Once again, you're fishing for trouble. There was NO violation of any board policy. Dr. Stinson has done nothing wrong here; and has cooperated with the media and law enforcement agencies to the highest level. Actually, he's forming a task force to make sure this doesn't happen again. Instead of making trouble and starting rumours, how about doing something creative and volunteering for the task force?

Anonymous said...

It is Mr. Stinson not Dr. Stinson. Glad to hear there is a task force but wish one was not needed. There should be no tolerance for such an issue.

Anonymous said...

Anon 3:23: This site is being monitored. Once again, Dr. Stinson did NOTHING wrong. He is the best Administrator that Decatur Township EVER had. This school board is the greatest ever.

Anonymous said...

If you want to know the "truth" about anything to do with Stinso or the board, you need only stop over at the MSD Decatur Twp Media Relations Department. Tattoo and his bevy of spandex-wearing $90,000 a year secretaries stand ready to assist Diamond Don with all of his CYA smokescreens. Just be sure to keep your mouth shut and your hands off the candy dish on Tattoo's desk. Your actions there will be monitored. LOL! LOL!

Anonymous said...

Anon 10:50: Your mockery and name calling proves how much this township needs our administration. You people are so ignorant that you can't save yourselves from each other let alone run a school system. Name calling and mockery makes you seem less credibale. When you grow up and become more professional you'll be taken more seriously. Thank our administrators and current school board for what a great job they''ve done. We have lots more work to be done with an attitude such as yours.

Anonymous said...

"Name calling and mockery makes you seem less credibale".

Sure. I wouldn't want to seem less "credibale" in front of a "professional educator" who can't spell and doesn't proofread. Sounds like you best clean up your skill levels a bit. Assuming you want everyone to take the MSD's Media Relations Department seriously. :)

Not that anyone would ever take you, Diamond Don or his assorted cake-eater cronies on the school board seriously. Not with your track record of lies, cover-ups, and State Board of Accounts violations, all while turning our kids into ditch diggers and Fedex package handlers. You make a "mockery" of our school system. Stop stealing M&M's from Stinson's candy dish. His office area is being monitored, you know. Besides, all that chocolate is bad for your complexion.

Anonymous said...

"credibale" Way to go, Tattoo!!! LOL! LOL! LOL!

Anonymous said...

Anonymous 2:45 wrote:

'Your mockery and name calling proves how much this township needs our administration'.
________

I'd say your ineptness with even the most basic aspects of communication proves how badly we need a NEW administration. Are you the best that Stinson can come up with for a head cheerleader???? What an example you set for our children with your shake down of the taxpayers to fund your fat cat retirements, while touting yourself as professional educators. It's just "in-credibale". What's your alma mater, Jerry Springer University???

Anonymous said...

Anon 7:00....You voted for us. Majority rule....LOL! And you'll lose in 2012.

Anonymous said...

HA!!! That's what your pal Obama thinks, too. But neither of you have any credibale-ity anymore. Enjoy the time you have left. (Which may be shorter than you think of you don't stop dipping into Stinson's candy dish. You're already the topic of discussion when he and Susan go out to lunch, you know.)