Eager reader Rod Goeman scooped everyone with this first report on the failure of Madison's proposed tree-trimmer licensing ordinance:
The First Reading on the tree trimmer ordinance failed due to lack of a second. Commissioner Nick Abraham brought the ordinance forward and made the motion to approve it. He acknowledged that the ordinance was handed to him by someone (wonder who?) and he put it forward as written to his fellow commissioners. When business people write their own ordinances that specifically favor their own business, ask an elected official to carry their water in getting it passed, it becomes a major conflict of interest for both the business person and the elected official [Rod Goeman, comment, Madville Times, 2011.08.01].
Wonder who indeed! The Madison Daily Leader confirms that Abraham's motion died for lack of a second. MDL includes some sensible words from Commissioner Scott Delzer but does not address the question of who handed Commissioner Abraham this stinky ordinance in the first place.
Could it have been mowing mogul and Madison Arborcare owner Gary Graff? An earlier comment from Goeman makes one wonder:
This is likely being driven by Arborcare's owners as Jerry Bickett and his sons of Ramona are allegedly working without insurance and proper equipment according to Arborcare's owner, Gary Graff, who called my agency a couple of weeks ago to discuss those exact points.
One of our clients recently lost a tree in their yard. Arborcare quoted $1500 while Bickett and sons removed the tree for $300. Since Bickett had done previous work for me and my family, I had given his name to my client as an alternative to consider. That prompted the phone call [Rod Goeman, comment, Madville Times, 2011.07.31].
Commissioner Abraham, your comment on who handed you this bad ordinance and left you hanging in the wind is welcome!
Nice reporting! The ordinance was drafted by Jeff Heinemeyer. I asked he and David Jencks to put something together. crickets.
So why would you ask such a thing? Did a trimmed tree branch fall on your house, or the house of someone you know? Did it just come to you over suppoer one night that this specific industry out of all others conducted in Madison posed a unique threat to the city?
During the meeting, Nick told the commissioners that somebody gave the Ordinance info to him and he brought it forward. The tape recording doesn't lie. No crickets. Nick still hasn't answered your question, Cory. Who gave it to him?
I did no such thing Rod. I said a concern was raised, and I asked for an ordinance. While were on the subject, mr. insurance agent, who is responsible for damage to a home caused by a fallen branch? by a branch dropped by a tree trimmer? Wouldn't it be in the companies your represent interest to have people doing this work have proof of insurance? The rest of the issues (i.e. non-commercial plates, no sales tax license, etc) will take care of themselves.
Nick as a homeowner if you have someone work on your property. You need to take responsiblity and make sure they have insurance or in the long run the damages may come out of your pocket.
"...a concern was raised..."—classic administrative use of the passive voice. Who raised the concern?
Okay, Nick. Who lobbied you for the ordinance? Probably the same person who lobbied me to reconsider recommending Jerry Bickett & Sons to my clients for quotes.
Regarding insurance, if a tree or branch from a tree that is on your property hits your neighbor's home, damage to the neighbor's home or autos can be considered an "act of God", but if the same tree drops another branch on your neighbor's home because you didn't trim it or remove it after the first incident, it becomes a liability and the insurance company may be responsible along with the homeowner, to pay for damages to the neighbor's home.
The other side of your question, if an uninsured tree trimmer cuts a branch and it hits the neighbor's home, it may fall on the property owner's home liability coverage to pay for damages, but probably not before a civil action is started by the affected neighbor.
Another similar example would be if a grandparent asked their grandchild to help put a new roof on the house and the grandchild falls and gets hurt on the property. The homeowner's liability would likely pay for medical costs of the grandchild. The grandchild wasn't a licensed roofer, but the homeowner asked them to provide the service.
I'm sure there are some legal gray areas in these examples, but that is common practice.