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2 Businesses Fined Over Tree Cutting

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By B.C. MANION, The Tampa Tribune

Published: December 27, 2007

LUTZ - Two companies have been ordered to make restitution for trees taken out without proper permits at Learning Gate Community School and the house next door.

No actions were taken against Patti Girard, who owns the school at 16215 Hanna Road and the house at 16331 Hanna Road.

Special Magistrate Christopher E. Brown on Dec. 18 ordered Thomas Cawley of Cyclone Property Management to submit a tree restoration plan for trees totaling 73 inches in diameter, measured at 4 1/2 feet above grade.

Otherwise, Cawley must make a donation to Hillsborough County's tree restoration fund of $90 for each inch, for a total of $6,570.
Cawley was cited by the county for taking out four oak, four black cherry and 12 cherry laurel trees, totaling 146 inches in diameter.

In an interview after the hearing, Girard said she hired Cawley to clear an area to allow for additional parking to accommodate special events at the school.
Cawley told the magistrate that many of the trees he took out were too small to require a permit, or were citrus trees, which don't require permits. He also said some of the stumps on the property were there before he began clearing citrus trees.

Jim Rauch, the county's investigator, agreed that many of the trees removed on the site - such as the citrus trees and small trees - did not require a permit.

However, the county's investigation showed Cawley improperly removed 12 cherry laurel, four oak and four black cherry trees.

Rauch said Cawley told him he didn't think it was illegal to take out the cherry laurels because the tree is exempt from permitting requirements in some jurisdictions.

Rauch disagreed with Cawley's testimony about the old stumps.

"I do believe I can tell a dead tree stump from a live tree stump," said the investigator, who is an arborist.
County staff had recommended Cawley be required to replace trees totaling 146 inches in trunk diameter, but Brown decided on half of that. He cited concerns about the cherry laurels and about Cawley's testimony about pre-existing stumps on the property.

In the other case, Deborah Sacco of Debbie's Tree Service was cited for removing six sabal palm trees and a laurel oak at Girard's residence.

The trees totaled 87 inches in diameter, measured at 4 1/2 feet above grade.

Sacco told the magistrate she didn't realize that removing palms required a permit. She also said she was not aware that a laurel oak had been removed.

Brown ordered Sacco to submit a tree restoration plan for trees totaling 87 inches in diameter within 20 days, and to complete that plan within 60 days of its approval, or to contribute $90 per inch to the tree restoration fund, for a total of $7,830.

In another case, Brown ordered Jorge Marchare of Handyman Services to submit a tree restoration plan for trees totaling 75 inches in diameter within 20 days and to complete the plan within 30 days of an approved plan or to contribute $90 per inch to the tree restoration fund, or a total of $6,750.

The magistrate ruled that Marchare removed more than 25 percent of the canopy from two live oaks, with diameters totaling 75 inches.

Marchare, who does not speak English, claimed through a translator that he did not trim the trees. He claimed another man, named Israel, trimmed the trees.

The owner of the property, Yasser Abdelrehim, submitted a copy of the canceled check as evidence.

But Marchare claimed he cashed the check for the other man as a favor because the man didn't have proper documentation to cash the check himself.

Reporter B.C Manion can be reached at (813) 865-1507 or bmanion @tampatrib.com.

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