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Indy Star

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7 days Archive

September 2, 2005

Seeing red
Resident's protest of IPL tree trimming lands her in handcuffs


Coming down: Placed in handcuffs by police after she put her finger on the chest of a tree trimmer hired by IPL, Pat Easterday, 64, watched as a tree was cut down on her property in the 7900 block of Lafayette Road on Thursday. -- Matt Kryger / The Star

IPL notice policy

IPL notifies customers three months in advance via a notice sent with the IPL bill, and a week in advance by door hanger.

By John Tuohy and Vic Ryckaert
john.tuohy@indystar.com


Who painted the smiley face?

The answer to that issue, which started eight months ago, riled Traders Point residents who were in a dispute with Indianapolis Power & Light Co. about tree removal near their homes.

The smile was spray-painted in red by IPL on a tree that was tagged to be cut down on West 86th Street. It prompted a ban on tree cutting in the area and a compromise this week.

But on Thursday, the tension between the sides escalated again when a 64-year-old homeowner confronted a tree trimmer and was handcuffed and detained by police.

"It scared me to death," Pat Easterday said after the incident, in which an off-duty Indianapolis police officer working security for IPL pushed her onto the hood of his car after cuffing her. "I touched him (the worker), but I'm 64 years old; he's a young guy."

Easterday was detained in a police car for about an hour, but no charges were filed and she was released.

The confrontation came after months of bristling talks about how many trees should be removed in the area around 86th Street and Lafayette Road.

IPL must routinely cut down or trim trees so they don't entangle power lines, a problem that causes electrical outages to 150,000 customers a year.

In January, IPL workers marked more than 1,000 trees to be cut down. Homeowners thought the number was excessive. Then someone spotted the smiley face, which was a looping half-circle underneath two dots on a tree with a split trunk.

The residents complained to Indianapolis Department of Parks and Recreation Director Joseph Wynns and City-County Councilman Isaac Randolph. In February, the parks departmentplaced a moratorium on tree removal in the area.

At a meeting Tuesday, the sides appeared to have reached an agreement that would save trees: A parks department arborist would accompany IPL workers in identifying which trees to raze, and trees on private property would not be cut down.

"We don't expect a large amount of removals, " parks department administrator Jason Kissel said at the meeting.

But when the sawing started, the residents said IPL was cutting down almost every tree in sight.

"I'm kind of stunned," said Cindy Baker, a member of the residents group.

Other neighbors described the tree removal as "a massacre."

But Kissel and IPL said fewer trees are being cut down than planned.

"Some tall-growing species are left intact, as are some shorter species," Kissel said. "A significant amount of trees are being saved."

IPL cut down about 30 trees that buffered Easterday's home from Lafayette Road traffic.

Easterday said she was supposed to be told when the tree trimmers were coming. Instead, she returned from an appointment and found workers in action. She put her finger on the chest of one of the trimmers and was restrained by police.

IPL spokeswoman Crystal Livers-Powers said the company tried to contact Easterday on Thursday before the cutting began.

Councilman Randolph is telling residents to keep their cool. He said he is working on a citywide ordinance that would more clearly define where trees can be cut.

"Tensions are high," Randolph said, "and I can easily see something like this escalating into violence in a neighborhood that is less civil."

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I'm glad to see the lady was arrested. She was inciting a fight. I bet she was in the work area too.

Can you imagine the fuss if a treeworker had put his finger in her chest?
 
She was not arrested, but detained in cuffs till the work was completed by an off duty officer employed by IPL.
 
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she returned from an appointment and found workers in action

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Reminds me of a scene here a couple of months ago. The hired guns (Townsend?) were clearing lines in the little, mostly (heavily) wooded, community where I live. I looked out the kitchen door one morning and saw through the woods a bucket truck by the street corner. I wondered why they were working on that pole when I heard a chainsaw and saw a guy walking around with it in my wooded corner lot.

I approached the crew and asked what the hell they were doing. The leader said "the owner wanted these trees cleared out (pointing to a bunch of sassafras)". I said "I don't think so". He said yes, the power company rep had come through several weeks earlier and had set it up. I said "nope, never happened; stop right now".

He pulled out a work sheet and showed me where it was scheduled to be done and I told him I didn't care what was on his schedule, no such arrangements had been made with the owner and that I knew that to be fact.

About 20 minutes later the power company guy shows up and chases them off. He said they had gotten ahead of themselves and were working in the wrong area.

They came back by several days later while I wasn't here and completely butchered several trees, most of which weren't even close to being problematic, though they now certainly will be soon. I'm talking 100'+ white oak and shagbark hickory.

No wonder you line clearance guys have such a bad rep. I'm not saying all of you deserve it by any means, but most of you do. At least in my direct experience over the past 20 years.

Since they've been through, I've had more momentary outages than in several years combined preceding this "trim".

I certainly don't mind having power all the time and understand what it takes to provide for that. What makes me so hopping mad is that my electric bills keep growing larger for the same usage and outages are becoming more frequent. Why the hell are we paying for sub-standard work?

Glen
 
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she returned from an appointment and found workers in action

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Reminds me of a scene here a couple of months ago. The hired guns (Townsend?) were clearing lines in the little, mostly (heavily) wooded, community where I live. I looked out the kitchen door one morning and saw through the woods a bucket truck by the street corner. I wondered why they were working on that pole when I heard a chainsaw and saw a guy walking around with it in my wooded corner lot.

I approached the crew and asked what the hell they were doing. The leader said "the owner wanted these trees cleared out (pointing to a bunch of sassafras)". I said "I don't think so". He said yes, the power company rep had come through several weeks earlier and had set it up. I said "nope, never happened; stop right now".

He pulled out a work sheet and showed me where it was scheduled to be done and I told him I didn't care what was on his schedule, no such arrangements had been made with the owner and that I knew that to be fact.

About 20 minutes later the power company guy shows up and chases them off. He said they had gotten ahead of themselves and were working in the wrong area.

They came back by several days later while I wasn't here and completely butchered several trees, most of which weren't even close to being problematic, though they now certainly will be soon. I'm talking 100'+ white oak and shagbark hickory.

No wonder you line clearance guys have such a bad rep. I'm not saying all of you deserve it by any means, but most of you do. At least in my direct experience over the past 20 years.

Since they've been through, I've had more momentary outages than in several years combined preceding this "trim".

I certainly don't mind having power all the time and understand what it takes to provide for that. What makes me so hopping mad is that my electric bills keep growing larger for the same usage and outages are becoming more frequent. Why the hell are we paying for sub-standard work?

Glen

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Glen, sorry it took me so long to respond to you, been healing fron an MC accident and have not felt real good.

I will try and not make this a depate on what is right or wrong, just try and give some insight and suggestions.


To your issues: I will not try and defend Townsend in their work practices or methods as I myself do not agree with them but some people like them some do not and in different parts of the country they are held to different standards, also I do not know where you are located. Different utilities have different standards on what is expected of the contractors. The clearance also depends on the voltage of said line. How long has the line been there? Under 7 years? The reason I ask this is for easement purposes, do you know if the utility has an easement on the property? Have you looked it up and have a copy? If there is an easement on the property it will give you some idea what can be done on the ROW, usually depends on when it was written as to the degree of detail given. The older easements do not give much detail at all but gives the utility more latitude in what can be done whaile the newer easements are more descriptive. It does not matter that you the current property owner did not sign the easement it only has to be recorded at the court house. Most of the easements we have are from the 40's and are still valid today. Not saying it is right or a practice that should be used but if the utility has a valid signed easement they do not have to get permission to do the necessary work. Now this will get in a little gray area here which will be different from state to state but generally even if there is not a signed and recorded easement the ulility still has the right to maintain the easement if the line has been there for a certian amount of time usually over 7 to 11 years dependingon the state law that is in effect at the time. As far as the outages go the trees are not the only thing that can take out the power grid, many things can do this some are vines, loose connections, faulty hardware, cracked insulators, vehicle accidents, controlled outages and loss of transmission feed. Remember the blackout a couple of years ago go to
Link for info . Give your utility a call and tell them your problem and request that they do a power loss investigation, which may be as easy as pulling up your account to generate a report for you that details when and why the power was out and what was done to restore it. It may also involve a device installed on your meter base that tracks voltage info and can be read at a later date, or be as simple as sending a service man to tighten up a loose screw or replace a piece of faulty hardware. Again it could be on your end as well, any problems up to the meter is the utilities responsibility after that is is your responsibility. Hope this helps shed some light on some of the issues, and not all utilities are bad and some do practice good down home values.
 
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Glen, sorry it took me so long to respond to you, been healing fron an MC accident and have not felt real good.

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No need to apologize. Hope you're faring well.

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The clearance also depends on the voltage of said line. How long has the line been there? Under 7 years? The reason I ask this is for easement purposes... Not saying it is right or a practice that should be used but if the utility has a valid signed easement they do not have to get permission to do the necessary work.

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I've attached a marked-up google map image. The blue line is the approx. property line, the red is three phase and the orange is one of the phases, I believe in the neighborhood of 7 KV.

The tree mass at the lower-left corner is a magnificent pair of white oaks and a shagbark hickory, with their crowns reaching variously 100'-120'. This area was all wooded until about 35 years ago when the lake was formed and the roads laid out. The trees all have forest form. The main power feeder (red) was all replaced from the ground up almost (maybe?) 10 years ago (why they didn't bury it is beyond me; they were gravel roads at the time!).

The line of sassafras they cleared (which I okayed after they'd started) was growing along the southwest roadside. They were reaching out from the woods toward the road and if they were to have attained sufficient height would have fallen within the 10' clearance zone. They will be back just like they were within 5 years, no doubt.

My qualm is with what they did to the white oaks and the hickory. They chopped off all the limbs they could reach with their hydraulic pole saw out of their bucket. Most of the damage was to limbs which have been there ever since the lines were first strung and which would not have been problematic. They most certainly will be now as they die back to the main stems. They also performed some needless butchery along the south road-side trees.

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As far as the outages go the trees are not the only thing that can take out the power grid, many things can do this some are vines, loose connections, faulty hardware, cracked insulators, vehicle accidents, controlled outages and loss of transmission feed.

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You forgot to mention tree rodents :)

The "outages" are momentary and are handily "fixed" by an auto reclosure. They have substantially lessened in frequency lately, and are handled well by having most of my electronic gear fed by UPSs. Most times I don't even notice them but for a flicker of the lights and the need to reset my digital alarm clock.

I'm not as peeved by this as perhaps you'd thought I was. It's more of a wonderment at how they get away with doing the shoddy work.

Glen
 

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the first posters incident reminds me of a recent incident we had here. The climber was just about to cut down a large oak top (prearranged and approved by Strata) and a lady runs out and stands under the danger zone. The climber yells at here to move as the tree top (about 2000lbs) is about to fall, she screams at him and then moves, then keeps screaming at him. her final threat was "im going to get my pellet rifle and shoot you". We take ANY threat involving a rifle (even a pellet) seriously. Called the RCMP, they arrived and had stern words with the lady.
 
She is not done yet.

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INDIANAPOLIS -- Angry homeowners told tales of tree-trimming disasters at the statehouse on Thursday, where they accused utility companies of damaging their plants and property values.

A joint legislative committee heard complaints from homeowners, many of whom said workers from Indianapolis Power and Light had destroyed their foliage while trimming back around power lines, 6News' Derrik Thomas reported.

"They don't care, it's not their property. If it was their property, they wouldn't do it," said Indianapolis homeowner Pat Easterday. "They stumped my trees, stumped my trees. They didn't trim them, they stumped them."

Officials with IPL said that they must routinely cut down or trim trees to reduce problems that cause outages to 150,000 customers a year.

"Under transmission towers and under power lines you cannot plant tall-growing trees," said company spokeswoman Crystal Livers-Powers. "From the moment you plant that tree, there is going to be conflict between the power line. Eventually, your tree is going to have to be removed."

Still, some homeowners claimed that IPL workers had gotten particularly aggressive since 2002, "butchering" trees and bushes.

"This is David versus Goliath. There is no recourse other than exhausting your personal fund trying to seek legal counsel to go against the utility to protect your privacy, the aesthetics and property values," said Indianapolis homeowner Stephanie Dawson.

Lawmakers said that they would consult the existing regulatory agencies to find out if they had authority to deal with such complaints and try to find a common solution to protect homeowners.

IPL officials said the company has guidelines about the tree-pruning process. Livers-Powers said that homeowners are notified three months in advance that workers will be coming to trim.

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Rule have changed for transmission lines since 2002 as well. The fines can be huge for each violation for each day.

"They don't care, it's not their property. If it was their property, they wouldn't do it," said Indianapolis homeowner Pat Easterday.

Most of us would not have trees near the lines on our properties.
 
Exactly, The ones who know better take preparations to insure this does not happen. Lines and trees can co-exist, but some planning before planting has to occur.

The article is not the utility I work, for but we are right next to each other.

And it pisses me off when some customer swears that his 6" DBH white pine tree that is directly under the lines was there before the power lines.
 
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And it pisses me off when some customer swears that his 6" DBH white pine tree that is directly under the lines was there before the power lines.

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Yup.
 
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And it pisses me off when some customer swears that his 6" DBH white pine tree that is directly under the lines was there before the power lines.

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Yup.

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It's always great when you tell that it will be a problem later and they always say that they did not plant it there. For some reason they think they're being blamed for the location the tree is growing in.
 
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She was not arrested, but detained in cuffs till the work was completed by an off duty officer employed by IPL.

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"To protect and to serve".....those that are footing the bill
wink.gif
 
I would hope other arborists see the need for the utility guys. I spend a lot of time educating customers as well as recommending that they hire certified and insured arborists for other jobs. I would hope a commercial/residential arborist would encourage their customers for removal of trees under or to close to the high voltage lines, and the planting of an appropriate wire friendly tree. We can work together to make things better, I am sick and tired as being viewed as an enemy to trees, when we have to "hack" a tree that we could not remove and replace with a wire friendly tree. We did not place the wires through the tree, we know better be we have to deal with what is out there. We have a job to do and it needs to be done to keep the public safe and to deliver reliable power to them. Stop pointing the finger at us utility "hacks" and see what you can do to make things better for all of us, help to encourage the right tree in the right place.
 
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Mabye next time the poor old woman will have the wisdom to use her shot gun instead of her finger!

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That gun does shoot both ways you know.
 
JJ, we do the same. We seed all of our mowed right of ways with grass seed (13 tons last year) and spend $50,000 a year on replacement trees each year for trees we remove in mowed areas.

Now, any of you private companies do the same?
 

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