Tree Service Canada #15 Fall 2010

16
Volume 4 Issue 3 FALL 2010 $5.00 Publications Mail Agreement #40050172 Customer Agreement #4956370 RETURN UNDELIVERABLE CANADIAN ADDRESSES TO 4623 William Head Rd. Victoria BC V9C 3Y7 email: [email protected] ECONOMY BUSINESS 1-888-240-3993 Continued on page 4 Enter on page 14 Canadian Distributors of DUTCH TRIG® Bio Vaccine www.ufis.ca A Prairie Welcome Robin Adair, Arbour Crest owner and chair of the Prairie ISA Con- ference organizational committee, says the South Saskatchewan River Valley in Saskatoon will be the setting for this year’s confer- ence. That’s the venue, the Delta Bessborough, on the left. SEE FULL STORY ON PAGE 6 The HST as the sawdust settles Ont., B.C. businesses learn to live with new tax BY SHIRLEY BYERS The harmonized sales tax or HST that came into effect in Ontario and B.C. on July 1 has caused perhaps a ripple or two on the calm waters of those provinces. Customers for sure don’t like it. Arborists aren’t wild about it but they’re learning to live with it. Sometimes that means making some sacrifices. For Adrian Pasma in Oakville, ON it means being extra careful to set that tax money aside once it’s been collected. “You do a thousand dollar job. That means the bill is $1130.00,” he says. “Before the HST the tax would have been fifty dollars. This is an extra seventy. You gotta be more cash-flow oriented. Save. Save. Save!” Ian Johnston’s business—Arbortech Professional Tree Care at Strathroy, ON has opted to absorb the extra eight percent for now. Customers continue to pay only 5% tax and Arbortech makes up the remainder. Customers appreciate it and it’s probably helping to build good will for the company. Ian says he will start charging the full 13% either when business slows down for the winter or when it picks up significantly. Zhenya Lewis of Out on a Limb Forestry in Powell River, BC and Barbara Hemming, arborist and tree service consultant in Ottawa, both say the tax hasn’t affected their business one way or the other. Zhenya is a twenty year tree service veteran and his business continues to thrive. Barbara recently retired from a career with Public Works. In her first year or so as an independent arborist she didn’t generate enough income to be obliged to charge HST or to receive rebates, and that’s fine with her—she’s not out to make a lot of money. She just wants to keep her hand in the business she loves. When the HST was only a twinkle in the finance minister’s eye some wondered if its birth might create an underground economy. Whether or not that’s happened it would seem that tree service is still viewed as an easy business to get into and, with the slowdown in the economy, unqualified arborists continue to abound. BY SHIRLEY BYERS Emerald ash borer, ash die- back and Distinctive Trees are just a few of the issues that Canadian arborists dealt with this summer. It was drier in New Bruns- wick, wetter in Alberta and very wet in Saskatchewan. “We had some major storms, did a lot of clean- up,” said Keith Anderson, Parks Director for the city of North Battleford, SK. “Our municipal guys were all busy. There was lots Ash die-back has been a problem in Saskatoon and across much of the Prairies. According to Geoff McLeod, superintendent of urban forestry in Saskatoon. The summer that was good for business! Pruning, storm clean-up backstop busy summer

description

 

Transcript of Tree Service Canada #15 Fall 2010

Page 1: Tree Service Canada #15 Fall 2010

Volume 4 Issue 3 FALL 2010 $5.00

Publications Mail Agreement #40050172 Customer Agreement #4956370RETURN UNDELIVERABLE CANADIAN ADDRESSES TO4623 William Head Rd. Victoria BC V9C 3Y7 email: [email protected]

ECONOMY

BUSINESS

1-888-240-3993

Continued on page 4

Enter on page 14

Canadian Distributors of DUTCH TRIG® Bio Vaccine

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A Prairie WelcomeRobin Adair, Arbour Crest owner and chair of the Prairie ISA Con-ference organizational committee, says the South Saskatchewan River Valley in Saskatoon will be the setting for this year’s confer-ence. That’s the venue, the Delta Bessborough, on the left.

SEE FULL STORY ON PAGE 6

The HST as the sawdust settlesOnt., B.C. businesses learn to live with new tax BY S H I R L E Y BY E R S

The harmonized sales tax or HST that came into effect in Ontario and B.C. on July 1 has caused perhaps a ripple or two on the calm waters of those provinces. Customers for sure don’t like it. Arborists aren’t wild about it but they’re learning to live with it.

Sometimes that means making some sacrifices. For Adrian Pasma in Oakville, ON it means being extra careful to set that tax money aside once it’s been collected. “You do a thousand dollar job. That means the bill is $1130.00,” he says. “Before the HST the tax would have been fifty dollars. This is an extra seventy. You gotta be more cash-flow oriented. Save. Save. Save!”

Ian Johnston’s business—Arbortech Professional Tree Care at Strathroy, ON has opted to absorb the extra eight percent for now. Customers continue to pay only 5% tax and Arbortech makes up the remainder. Customers appreciate it and it’s probably helping to build good will for the company. Ian says he will start charging the full 13% either when business slows down for the winter or when it picks up significantly.

Zhenya Lewis of Out on a Limb Forestry in Powell River, BC and Barbara Hemming, arborist and tree service consultant in Ottawa, both say the tax hasn’t affected their business one way or the other. Zhenya is a twenty year tree service veteran and his business continues to thrive. Barbara recently retired from a career with Public Works. In her first year or so as an independent arborist she didn’t generate enough income to be obliged to charge HST or to receive rebates, and that’s fine with her—she’s not out to make a lot of money. She just wants to keep her hand in the business she loves.

When the HST was only a twinkle in the finance minister’s eye some wondered if its birth might create an underground economy. Whether or not that’s happened it would seem that tree service is still viewed as an easy business to get into and, with the slowdown in the economy, unqualified arborists continue to abound.

BY S H I R L E Y BY E R S

Emerald ash borer, ash die-back and Distinctive Trees are just a few of the issues that Canadian arborists dealt with this summer. It was drier in New Bruns-wick, wetter in Alberta and very wet in Saskatchewan.

“We had some major storms, did a lot of clean-up,” said Keith Anderson, Parks Director for the city of North Battleford, SK. “Our municipal guys were all busy. There was lots Ash die-back has been a problem in Saskatoon and across much of

the Prairies. According to Geoff McLeod, superintendent of urban forestry in Saskatoon.

The summer that was

good for business!Pruning, storm clean-up backstop busy summer

Page 2: Tree Service Canada #15 Fall 2010

Page 2 TREE SERVICE CANADA FALL 2010

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Page 3: Tree Service Canada #15 Fall 2010

Page 3TREE SERVICE CANADA FALL 2010

BY J E F F R E Y C A R T E R

Geoff McLeod hopes to help add a new chapter to the story of trees in the city of Saskatoon.

McLeod, who became the supervisor or urban forestry and pest management two years ago, plans to develop a UFORE (Urban Forest Effects) model for the city.

“We need to start putting a value on what our green infrastructure is worth to the city . . . We’re turning a corner, we may be a bit slower than other cities, but we’re in a position that we can do a UFORE study for Saskatoon.”

Along with providing an in-depth analysis of the city’s tree canopy, a UFORE model would estimate how that canopy benefits the city in terms of pollution reduction, shade, carbon sequestration, oxy-gen production, aesthetic appeal, wildlife habitat and the other benefits trees provide.

“It’s not so much about the number of trees you have. It’s about the canopy cover you have and if that’s increasing,” McLeod says.

According to the USDA’s UFORE website, the modeling process has an edu-cational value, informing the citizenry of the importance of trees, and can be used as amanagement tool to develop a commu-nity’s infrastructure in a logical way.

McLeod is involved with another new project: the analysis of the silva cell approach from Deep Root Partners, L.P. to planting trees in areas of pavement and concrete.

Just this year, trees were planted along two city blocks in downtown Saskatoon using the technology. The idea is to use the silva cell structures to provide trees with more soil and, consequently, allow them to grow larger and live longer.

American elms and macana ash are being used for the project.

McLeod says there’s a good deal of support in Saskatoon, a community that’s growing quickly due to resource develop-ment in the region.

Today Saskatoon, a city of 219,000, is growing rapidly and trees have become an integral part of the infrastructure. When the community was founded more than a century ago, the only trees were found along the South Saskatchewan River. According to an article written by Brian Baldwin for the University of Saskatch-ewan’s Gardenline website, “. . . you would find the valley lined by Manitoba maple, birch, poplar and green ash trees. Because much of the river valley is now preserved and protected, native trees can still be seen lining the banks of the river in stands nearly unaffected by the growth of the city around them.” McLeod says the drought-tolerant American elm was the first introduced spe-cies to the city, although there are native stands of American elm in other parts of Saskatchewan. Many of these early-planted elms remain, many close to 80 years of age and older and

from 80 to 90 centimeters in diameter. Overall, elms compose about 30 per cent of the 90,000 street and park trees. The elms, together with ash, oak and linden tree species, make up about 90 per cent of the canopy. Altogether 25 are on the city’s rec-ommended list. There are challenges. Water is a must to keep newly planted trees thriving.

“We water them for three years . . . so there are about 4,000 trees we water. That’s close to a million gallons of water a year,” McLeod says. Also of concern are two elm diseases. Dutch elm disease has reached Saskatche-wan but, so far, hasn’t arrived in Saskatoon. The elm bark beetle, however, was detected last year. McLeod, who earned a masters of sci-ence at Fraser University in insect commu-nication ecology, says the elm bark beetle is a native of Asia and was first detected in North America in Colorado. In sufficient numbers, they can kill a mature tree. Affecting birch trees in Saskatoon is the bronze birch beetle, which explains why few birch trees are now planted. Another challenge relates to planning. Trees placed in the wrong locations often need to be moved when development occurs or when infrastructure maintenance is required, McLeod says. McLeod and his team, which includes up to 14 arborists including part-time employ-ees, work with a $2.6 million budget. There are three bucket trucks, three or four water-ing trucks, an 8,000-tree nursery and some of the maintenance work is contracted out. Currently, street trees are pruned on a seven-year rotation. McLeod says the schedule is currently being reevaluated with the idea of possibly increasing the pruning interval. Along with his regular work, McLeod is helping to prepare for the annual meeting of the Prairie Branch of the International Society of Arboriculture as the chair of the organizational committee. The annual event is set for September 29, 30 and October 1 in Saskatoon with the chapter’s climbing competition to follow.

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Page 4: Tree Service Canada #15 Fall 2010

Page 4 TREE SERVICE CANADA FALL 2010

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of private companies that were busy with storm cleanup. There’s lots of work to be done with ash die-back that happened last winter. Some still needs cleaning up.”

Ash die-back was also a problem in Saskatoon and across much of the Prairies. Geoff McLeod, superintendent of urban forestry in Saskatoon, said, “What we fig-ure is that last fall we had an environmental concern where fall lasted fairly long, then we had a quick freeze and trees weren’t able to harden up in time. As a result they sustained damage. We suspect the cambian layers just froze right through and we’re looking at a number of losses this year.

After a couple of summers Dwayne Patton at Tree Care in Quisparnsis, NB describes as “near tropical,” with lots of tree growth, the summer of 2010 was a bit drier. Some trees were starting to show signs of stress but disease wasn’t a big issue. He was kept busy with tree repair, tree removal, planting and pruning with most profits coming from pruning.

Adrian Pasma of A Star Tree Experts in Oakville, ON describes his summer as “phenomenal.” Pruning and removal is where he estimates most of his profit is coming from. “We have the cherry picker that gets you up there, makes things a lot easier. It’s like the dream set up,” he said.

In Ottawa Barbara Hemming, a Certi-

fied Arborist & Tree Service Consultant, is carving out an after-retirement part time career as an independent arborist. She’s had a handful of calls from people who want to know what’s wrong with their tree. “ I hate to go and tell them their tree is infested with some pest that’s going to kill it so I try to do it verbally on the phone. If I have to go I charge them. She’s also done some reports for clients who wish to remove Dis-tinctive Trees.

A Distinctive Tree, in Ottawa, is a tree over 50 cm in diameter. Since September 2009, these trees are protected and a per-mit must be obtained to remove them. “I do those independently for either home owners or tree service companies that don’t have a qualified arborist,” she said.

Improper pruning is another problem she’s seeing frequently. And evidence of the emerald ash borer. “I think we have more than people want to believe,” she said.

In Powell River, B.C. Zhenya Lewis of Out on a Limb Forestry Inc. reports a good summer. “We have taken the time, effort and money to invest in a self pro-pelled chipper that has a loader on it,” he said. “It’s all wireless – remote control in operation and it can chew through two feet a second and will fill a dump truck in 20 minutes. We’ve been exceptionally busy.”

The summer that was good for business! continued from cover

Page 5: Tree Service Canada #15 Fall 2010

Page 5TREE SERVICE CANADA FALL 2010

Heads better used for thinking than for holding hardhatsRe: Is there any sense to some safety regulations? (Spring, 2010 Tree Service Canada).

The questions can be answered with a qualified no, and I would actually change the context to say that many regulations are self defeating, arbitrary and outrightly vapid.

We have been in operation in a business capacity for two decades and I have been involved in tree work of one sort or another from the age of 16.

Two years ago, WSIB gave us a “zero accident premium reduction” and the whole credit can be given not to ridiculous safety regulations but to the exercise of common sense in performing the work.

I am sure that all would agree life itself, not to mention an occupation more danger-ous and with higher rates of injury/death than police or firefighting work, is a series of calculated risks. Safety regulations, with their accompanying lists of cumbersome and dangerous-in-itself equipment, do not provide the degree of safety that a clear head, intelligent choices, a fit body, knowledge and focus give to the practi-tioner.

For example, what can be more stupid than requiring workers to wear the heat collecting and brain-frying hard hats, where there is no danger of head injury, on the job? Surely dragging brush, or car-rying wood to the chipper on days when the temperatures soar to inhumane levels, does not require skid lids, which are more of a detriment than a protection. Ditto for the “see me clothes” that are mainly polyester/nylon heat sinks that make the worker uncomfortable. Both items are often contributing factors to heat exhaus-tion.

The safety cones that are utilized to direct traffic away from chipper feed-ing work areas are best discarded and instead, the chipper should be parked in the safe laneway where there is no traffic to endanger workers. Another good tactic where the machinery has to be parked on the street is to use a second truck as a block to traffic.

Not to be missed in the stupidity of mindset was the fool who a few years ago was grandstanding about his company banning one-handed chainsaws. I am sure this indi-vidual had never been in a tree in his life and was incapable of hauling his sorry ass into the smallest tree that would support his excessive biomass. Like it or not, there are situ-ations where it is safer to run a saw with one-hand than to attach a two handed grip to the task at hand. It is much safer to have a saw designed to make it easy to operate with one hand than to have to wrestle a regular two-hander with one hand to accomplish, with more difficulty and danger, the same task a one-handed saw would acquit comfort-ably. To be technical, there are no one-handed chain saws, as all are to be operated with one hand on the front handle in order to trip the chain break in the event of kickback.

Safety procedures are calculated to prevent injuries/deaths, and safety equipment is calculated to mitigate/prevent injuries and deaths if the procedures fail. We all know that accidents happen but what we need to realize is that it is more true that they are caused.Inclining oneself into a careful cautious mode, with clarity of mind/purpose, and using the tools of a good physical condition, and a total focus on the task at hand, far accom-plishes a safer, and better approach more contributory to safety than any device or regu-lation could ever provide.

All tree workers should have these two elements, and using both in synergistic com-bination would go a long way in lowering our injury and fatality rates tremendously. If you got it, use it. If you do not, then either get out of the trees, or get it.

Edward KennedyHarrowsmith, ON

Lette Rs

“What can be more stupid than requiring workers to wear the heat collecting and brain-frying hard hats, where there is no dan-ger of head injury?” ~ Edward Kennedy

Fatality investigation completedNo charges in Bill Robinson’s death

BY PAT K E R R

The Ontario Ministry of Labour completed its investigation into the Bill Robinson arborist fatality in the spring of 2010 and no charges are to be laid.

At the time of the accident Robinson was removing two decaying maples. The rope was attached to the winch cable by a “wrapping device.” He instructed his co-worker to winch while he was doing the back cut. Before the back cut was complete the stem broke and Robinson fell thirty feet. He was found attached by his climbing harness and transported to hospital.

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Page 6: Tree Service Canada #15 Fall 2010

Page 6 TREE SERVICE CANADA FALL 2010

PROF e ss iONAL DeVe LOPM e Nt

BY JEFFREY CARTER

The impressive lineup of speakers will bring arborists to Saskatoon for the ISA Prairie Chapter Conference but that’s not the only reason they’re making the hike. “I think it’s a good chance for prairie arborists to get together and chat about what’s new,” says Robin Adair, who’s chairing the organizational committee for the event. “There will be excellent speakers: Ed Gilman from Florida and Phillip van Wassenaer from Ontario, and lots of speakers from Western Canada.” Dr. Gillman is one of the world’s leading experts when it comes to structural pruning and tree root issues. Van Wassenaer might be described as the arborists’ arborist. In 2009 he was a recipi-ent of an ISA “True Professionals of Arboriculture” award in recognition of his commit-ment to education and the advancement of arboriculture. This year’s conference will be held September 29 to October 1 at the historic Delta Bessborough along the scenic South Saskatchewan River. The Climbing Jamboree fol-lows on October 2 and 3. Adair is hoping for about 200 attendees at the conference and about 20 competitors for the jamboree. For further details, visit the Prairie Chapter of the International Society of Arborists website at www.isaprairie.com. The male and female winners from the jamboree have an opportunity to travel to Australia in July 2011 for the International Tree Climbing Championship at Brisbane, Australia, Adair notes. Adair, together with his wife Lindy Pelletier and their two young children, moved to Saskatoon from Calgary in 2007 to be closer to their families. Adair is from Saskatoon,

originally. Pelletier is from Prince Albert. In Calgary, Adair worked for other companies, as an educator, and started his own business. In Saskatoon, Adair’s Arbour Crest is now running two crews. One specializes in tree work; the other in landscaping. Adair hopes the landscaping endeavour will help him find his niche in a competitive market. “I had so many people asking about landscaping and planting trees that I thought I’d give it a try . . . It’s an interesting game to play compared to pruning,” he says. For the arboriculture side of the business, Adair has recently acquired a used bucket truck. “Our focus is not really so much on removals. Our focus is more on pruning and shaping.” To learn more about Adair and Arbour Crest, visit the company’s website at www.arbourcrest.com.

World’s leading experts to address conference

In order to find a niche in Saskatoon as a new business, Robin Adair has one of his two crews focusing on landscaping work. The entire crew, from l-r: Laurel Turner, Robin Adair, Lori Lake, Dany Dufour, Chris Stadnyk, Jordan Bray, John McGrath.

At 38, the owner of Arbour Crest in Saskatoon continues to climb.

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Page 7: Tree Service Canada #15 Fall 2010

Page 7TREE SERVICE CANADA FALL 2010

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BY PAT K E R R

The Canadian Food Inspection Agency announced new findings of Emerald ash borer at the follow locations:

--The Regional Municipality of Waterloo at highway 401 and Fountain St.

--County of Oxford at highway 401 and Oxford County Rd. 3

--The City of Ottawa south of Fallowfield Rd. near Richmond Rd.

--The Counties of Leeds and Grenville near highway 401 and Mallorytown.

Taylor Scarr of the Ontario Ministry of Nat-ural Resources voiced no concern about the new

findings. He stated, “With the new Ryall branch trapping method, and the use of green prism traps baited with green leaf volatiles, I think there will continue to be more finds of this insect. Over the long term we can expect EAB to remain on the landscape. We can expect an equilibrium will be eventually established where ash trees that escape initial infestations or that regenerate will allow the EAB to increase its population again, setting up a see-saw pattern of increasing ash abundance fol-lowed by increasing EAB abundance, followed by decreasing ash and EAB abundance. Biocontrol agents are being investigated to help decrease the long term impacts of the beetle.

New EAB findings in 2010

Stats likely reflect better

trapping methods rather

than surge in infestation

BY J E F F R E Y C A R T E R

There are several ways Davey Tree Expert Company’s Muskoka loca-tion comes out ahead by making mulch from its wood waste.

According to Muskoka location manager, nothing is land filled and the mulch that’s accumulated over the course of a year—roughly 2,000 yards—is used in an environmentally-friendly manner.

“Mulch has a lot of benefits. You’re putting it back into the soil. That helps build the soil and helps with soil compaction,” Mark Pow-ell says.

It also helps conserve moisture, slow the growth of weeds and when it’s placed around young trees, the likelihood of trunk damage from string trimmers and lawn mowers is reduced.

As a rule of thumb, mulch should be kept two to three inches from the trunk and the layer should be no more than three inches thick, Powell says.

The production of mulch is also making the business more effi-cient.

Powell says his crews are spending less time finding and getting into locations where waste wood can be dropped. Instead, they simply bring all the waste wood they’ve accumulated to the yard location at Orillia at the end of each working day.

Once a year, a company with a tub grinder is contracted to process the accumulated material—rough chips, brush and even logs—into a consistent product. At that point, there’s a three or four month supply of mulch available to property owners, landscape companies and any-one else willing to pick it up.

It’s priced competitively at $18 a yard. While it’s not a major profit centre for the business, Powell says there’s a positive cash flow.

“We try to keep it simple and it’s actually a decent looking prod-uct.”

Powell, who has 25 years of experience in the industry, manages four crews who work extensively in the Orillia area and count many cottage owners among their customers. A full range of services are pro-vided including fertigation and insect and disease control.

The Muskoka branch of Davey Tree brings in a large tub grinder once a year to turn accumulated wood waste into a saleable prod-uct: mulch.

The mulching solutionOrillia-based outfit finds mulching is better for the environment, better for business

Page 8: Tree Service Canada #15 Fall 2010

Page 8 TREE SERVICE CANADA FALL 2010

Many court cases involve damage to, or complete loss of, trees and other plants. Placing a value on the damaged or lost trees can be accomplished in several ways. If the trees have commercial value, a scale of the merchantable timber volume may be an appropriate measure. If they were not big enough to be commercial timber but have firewood value then that may be the correct approach.

But what happens when the trees dam-aged or lost have no commercial value? In those cases we turn to the Guide for Plant Appraisal published by the International Society of Arboriculture in 2000. Now in its ninth edition, the Guide is a publication assembled with input from the Council of Tree and Landscape Appraisers (CTLA). This group of people is comprised of sever-al important industry groups, including the American Nursery and Landscape Associa-tion; the American Society of Consulting Arborists; the American Society of Land-scape Architects; the Associated Landscape

Contractors of America; the Association of Consulting Foresters of America; the International Society of Arboriculture; and the National Arborist Association (now known as the Tree Care Industry Associa-tion).

For some damaged plants, it may be possible to clean up the damaged area, get new plants of a similar size, and sim-ply restore what was lost. This is a cost approach and mimics the concepts used in real estate appraisal that the value of property can be estimated by taking the land value and adding on definable land improvements.

However, there are times when the trees are very large, mature examples and not easily replaced by simply going to a nursery and buying a similar sized tree. For these trees we use a different approach, called the Trunk Formula method. In this approach we use the cross sectional size of the tree trunk as a starting point. Regional groups of arborists, generally serving

within one of the Chapters of the Inter-national Society of Arboriculture, sit down and derive typical nursery costs and pro-duce regional costs for local species. Using these, a base value is established by trunk size. That base value is then depreciated by several factors: species, condition, and loca-tion. The end result is a surrogate value for the lost tree that is intended to reasonably represent what has been lost.

One of the more controversial aspects of tree appraisal is how to ensure some sense of reasonableness in the end result. This is particularly testing for the courts. The injured party usually wants to have their landscape restored to the pre-damage condition. However, the Courts have been relatively consistent in deciding what will or will not be permitted as legitimate cost components. For small trees and simple landscapes, where the damage can be cured by clean up and replanting, this is not often an issue. But where large trees and ecosys-tems are damaged, even at a small scale, it becomes a bigger issue.

Several cases deal with this issue. They all note that there cannot be a rea-sonable expectation that the restoration will replace what was lost with an exact replica, especially where the existing land use was such that the lost trees were not the most critical component of the overall landscape. In Oran v. Westwood Fibre Ltd. (1996 B.C.J. N0. 2697 (S.C.)) the court noted “The award for cost of restora-tion must relate to the reduction in value of the property flowing from the defendant’s conduct. That is, one of the factors to be con-sidered in determining what are reasonable damages is the cost of restoration of property in proportion to any dimunition in the value of the property. In determining what is reasonable restoration, the Court must also be mindful of the uses to which the plaintiff has and will put the property and the Court should, where the plaintiffs have taken no steps to restore damage caused by the trespass, weigh the lack of that restoration against the plaintiff regarding the value of the trees and claims for loss of amenities.”

One of the more widely cited cases dealing with reasonable costs is Kates v. Hall, [1989] B.C.J. No. 1358 (S.C.). Here the Court stated “I f ind it appropriate to award compensatory damages in a sum suf-ficient to pay for the remedial work which a reasonable person without money constraints in the plaintiffs’ position would have imple-mented had the loss been caused without fault on anyone’s part, and in addition an amount which will fairly compensate the plaintiffs for loss of use and enjoyment to the extent that this scheme will not completely replace what has been lost.”

In a recent case in Alberta (Durham v. Bennett, 2009 ABPC 66) involving a single birch tree that was pruned adversely in trespass, the Court reinforced this

concept, noting “If replacement with a tree of the same kind and size is possible but not practicable, I am compelled to look at what is reasonable in the circumstances and not what is the express wish of the Plaintiffs (Kates v. Hall). While the wishes of the owner who suf-fered the loss are not irrelevant, they are sub-ordinate to the overall consideration of what is reasonable, practicable and fair in all of the circumstances. Further, the courts are directed to consider what is fair by looking at whether “these are wishes [of the plaintiff ] reasonably directed to the enjoyment of their land, and not to making the largest possible demand on [the defendant’s] purse. ... in dealing with the compensatory damage claim the court must be concerned with reinstatement rather than retribution.”

The lesson here is that the Courts will not award damages that are so extravagant that they unfairly represent the values lost. That does not mean that the overall dam-ages will be small. The Court can (and fre-quently does) establish the basic monetary loss and then add punitive damages on top as a means of penalising the trespassing party. More examples of that can be found in the book Arboriculture and the Law in Canada, available from Julian Dunster (Canada) or the International Society of Arboriculture in the US.

Julian Dunster is the senior author of Arbo-riculture and the Law in Canada. Dr. Dun-ster is not a lawyer and the above notes are intended as general guidance only. If you have a tree issue contact a lawyer for legal advice specif ic to your situation.

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In cases where large trees have been wrongfully damaged or removed, Courts will not award damages that are so extravagant that they unfairly represent the values lost.

Page 9: Tree Service Canada #15 Fall 2010

Page 9TREE SERVICE CANADA FALL 2010

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The story behind SOS Elms CoalitionSmall group argues for increased funding BY J E F F R E Y C A R T E R

Concern for elm trees and the lack of government response was behind the formation of the SOS Elms Coalition. Today, 17 years later, the orga-nization still finds itself lobbying the Saskatchewan government to support Dutch Elm Disease pro-gramming. Richard Kerbes, one of the orga-nization’s founders, and SOS Elms president Doug Mitchell, say the province recently cut its Dutch Elm Disease control program by 80 per cent, leaving just $100,000 in the budget. In a letter to the government sent earlier this year, Mitchell wrote: “A healthy mature American Elm in an urban setting is valued at $15,000 to $55,000 by the Council of Tree & Landscape Appraisers . . . That program is essential for the protection or our urban forests. Without support for detection and removal of diseased trees, municipalities will struggle to find the extra funds to fight DED.” Neighbouring Manitoba, Mitchell notes, has a $1.5 million program to fight the insect-vectored fungal disease while the provincial government in Alberta—where it’s yet to be detected—is spending $200,000 to $300,000 annually on preventative measures.

There are natural stands of American elm in Saskatchewan but many are dying.

There are roughly 400,000 planted, mak-ing it one of the most popular urban trees in Regina, Saskatoon and other communities. Kerbes and Mitchell say Regina and Saska-toon have good municipal programs but many smaller communities face funding challenges when it comes to protecting trees. The disease began wreaking damage in the southeastern part of the province in the early 1990s and has been spreading ever since. “It’s been detected as close as Davidson, 100 kilometers south of Saskatoon. There are native elms located within 50 kilometers of Saskatoon along the South Saskatchewan River,” Kerbes says. According to the Canadian Food Inspection Agency, the disease is also moving westward from Manitoba toward Melfort and Prince Albert. Dutch Elm Disease is vectored by the elm bark beetle which, in areas of infestation, carry disease fungi. Resistance has been found in some cultivars and the disease can also be managed through a systematic pruning and sanitation program which limits its spread. While Dutch Elm Disease has been a priority for SOS Elms, the organization lobbies for all tree species, Mitchell says. Members deal directly with provincial and municipal politicians and build societal support for trees through public education. Kerbes says SOS Elms started through a door-to-door campaign in Saskatoon that was initiated by one of his neighbours, Judith Benson. He soon found himself, along with Judith’s husband Geoff, joining the effort. Another important early member was Karen Taylor-Browne who used her considerable powers of persua-sion in the early years to build the organization’s membership and catch the attention of politicians. Over the years, the membership has been maintained at around 100 and there are now members from outside of Saskatoon. For more information about SOS Elms, visit the organization’s website at www.soselms.org. Memberships are available for just $10. The SOS in SOS Elms Coalition now stands for Save Our Saskatchewan (elms). When the organization founded the acronym stood for Save Our Saskatoon (elms).

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Page 10: Tree Service Canada #15 Fall 2010

Page 10 TREE SERVICE CANADA FALL 2010

During and following severe storms there is often a need to cut trees, large limbs and other debris off of the power lines in order to begin the power restoration process.

This work is often performed during the storm or in conditions that are challenging due to weather, darkness and other factors. It is a known fact that working with a chainsaw is one of the most dangerous work procedures any worker can face, but compound this with inclement weather and darkness and there is a potential for serious worker injury.

Often the workers called on to perform these tasks are power linemen who may have received little specialized training in the skills needed to ensure their safety. Some time ago, while I was providing some basic chainsaw training for a utility client, I asked the student/linemen when they most likely used a chainsaw. Their answer was during or after storms to clear the lines in order to restore the power service. I knew the training we were there to provide did not cover this aspect of tree cutting and, as a result, we developed and delivered a specialized curriculum to help linemen meet these challenges safely and efficiently.

Since then we have refined and developed techniques that help linemen cut trees, branches and debris from power lines. The most common risk that linemen take when cutting trees from the line is that they stand much too close to the cut, the line and the tree part when it is released. The review of logging accidents and fatalities indicate that when a cutter is within five feet of where the cutting and release takes place 90% of the accidents and fatalities occur.

It was with this in mind that we teach linemen how to use cutting techniques that allow the worker to be at a safe distance when branches or trees are released, by using simple equipment already available and famil-iar to linemen. It is important that a linemen understand the severity of risk that exists when they are cutting trees hung on power systems. Linemen already clearly understand the threat of electrocution. It is the reactive forces of the chainsaw and trees that is most often not a part of the curriculum of most utility apprenticeship programs.

Basic tree cutting techniques training is necessary for linemen who cut trees on or near the power system during or after storms in order to support and document due diligence for their occupational health and safety protocols. Documented training and qualification in techniques that provide options that can accommodate a variety of situations or scenarios address the problem and ensure dili-gence.

In many cases linemen perform this work based on trial and error and the younger workers rely heavily and often solely on the experience of the seasoned journeyman line-men who often have learned the lessons the hard way. This leaves everyone exposed and at risk of a preventable and negligent inevitability. If you have linemen or workers who perform these tasks, be sure that documentation of training and records exist that show your organization addresses the specialty situations posed by trees, tops or large limbs hung on the power lines.

Here is an example of a very simple technique that allows a cutter to be at a safer dis-tant from a cut when it is released. In other words, it allows the cutter to be already away and in an escape route.

The mis-match cut or by-pass is a very simple and effective two-cut process that employs wood fibre strength to the cutter's advantage. In addition, by employing the use of a hand line, a common tool linemen use regularly, any linemen can cut a snagged or hung tree part and release it using the hand line from a safe working distance. Often one or two cuts will free the problem from the line allowing power restoration to commence.

This technique places the cuts in a staggered manner with the lowest of the cuts made in the direction of the intended pull. Attach the hand line to the tree prior to commenc-ing cutting. The cuts are made just pass half or through the mid-way point of the diam-eter of the tree or branch. It is very important that the cuts are perpendicular to the force of gravity acting on the wood. Equally important is that both cuts bypass each other. The laminated strength of the wood fibres is strong enough to resist breaking, allowing time for the cutter to retreat and pull the piece free with the hand line at a safe distance. The pull of the hand line causes the kerf to close and the vertical wood fibre to release. If this does not free the hung tree part, repeat the procedure.

The primary advantage of using this simple technique is that it allows the cutter to release the tree part at a safe working distance from falling debris, loaded power lines, fly-ing branches or while holding a running chainsaw.

This technique is one of the most popular and appreciated by linemen who have

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Page 11: Tree Service Canada #15 Fall 2010

Page 11TREE SERVICE CANADA FALL 2010

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performed the work I have been describing. They recognize and appreciate the safety advantage this method provides and com-ment on how they wish they had learned it earlier in their careers. A short 2-3 day course can pro-vide simple and effective work procedures that will improve linemen health and welfare while cutting trees from power lines during or after storm events in order to restore power to custom-ers efficiently and safely.

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Mismatch cut #1: make the cut just past half way through the mid-way point of the diameter of the tree or branch.

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Mismatch cut #2: make the second cut below the first cut, making sure to pass cut #1. The second cut will be made towards the side you will pull the tree to release the cut.

Page 12: Tree Service Canada #15 Fall 2010

Page 12 TREE SERVICE CANADA FALL 2010

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Living with Juan’s aftermathHalifax replants, mindful of future hurricanes BY J E F F R E Y C A R T E R

The systematic approach taken in planning a recovery for hurricane-devastated Point Pleasant Park in Hali-fax is something John Sim-mons hopes can be applied to the entire municipality. The urban forester says an urban forest master plan for Halifax Regional Municipal-ity (HRM) could be approved by as early as next spring. “I’m very happy with what we’ve been getting from council and I’m looking forward to having a forestry management plan so we have a vision of the next 20 years and start funding that vision . . . (but) there’s only one pie and everyone’s looking for a bigger slice.” HRM—which includes the communities of Hali-fax, Dartmouth, Bedford, Sackville and the rural areas between—has a budget of $960,000 for staff and equip-ment and an additional $300,000 for street tree plant-ing in 2010. Along with its own resources, HRM is working with $1 million contributed by the federal government for the reforestation of Point Pleasant Park. Simmons says Haligo-nians and other Nova Scotia residents were shocked by the devastation wreaked by Juan, the category 2 hurricane that swept across the province on September 28, 2003. The park, located on the Halifax peninsula south of the city, is recognized as a historical and cultural site. Humans have been using it for millenia and a series of military fortifications overlooking Halifax’s outer harbour speak of its strategic importance. Red spruce dominated the 77 hectare park prior to Juan’s arrival. While the area’s population valued the mature stands and 35 kilometers of trails, the forest was in decline. Juan destroyed about 70 per cent of the trees, including 63,000 large trees. According to the Point Pleasant Park Comprehensive Plan prepared by Ekistics Plan-ning & Design and NIP, “In June 2004 the Park was re-opened and people were able to see all that the hurricane had done. What had been a huge enclosed forest full of secret spaces and shady paths, a place where you could still get lost after exploring it for 10 years, had become a moonscape dotted with stumps and dead trees.” While much of the debris was removed to reduce the fire hazard, some was also left to provide nutrients for re-growth.

A drive through Halifax Regional Community quickly reveals many tree-lined streets.

Sunshine sparkles through one of Halifax Regional Municipality’s boulevards.

Members of Halifax Regional Municipality’s tree team get ready for another job.

Page 13: Tree Service Canada #15 Fall 2010

Page 13TREE SERVICE CANADA FALL 2010

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This soon occurred, providing an ecological lesson to park visitors in for-est regeneration. More than 100 species of under-storey plants and shrubs soon took advantage of the canopy lost. Tree seedlings have germinated in increas-ing numbers and broadleaf stumps have produced shoots that will quickly grow into trees. “The only place we planted trees was where we saw failure to regenerate,” Simmons says. This largely occurred along the south face of seven ridges running across the park. Those areas, facing the prevailing south wind and the sun, tended to be too dry. A high percentage of deciduous spe-cies, including ash, maple and ironwood species, were planted along these areas with a 60 per cent success rate. In the event of another hurricane their deep roots are more likely to allow the trees to survive. Point Pleasant Park is just one of many treed areas in HRM. Simmons says there’s an estimated nine million trees in the municipality which is larger in area than Prince Edward Island. Both UFORE (Urban Forest Effects) and STRATUM (Street Tree Resource Analy-sis Tool) assessments have been conducted. “If we truly look at what we have, the canopy is probably greater than 40 per cent.” The tree cover varies significantly, from 100 per cent in wilderness areas to the opposite extreme in some commercial and industrial locations. Simmons says the typical residential canopy is from 50 to 70 per cent. There is a tree planting requirement, one tree per lot, in residential developments. There are about 160,000 street trees in HRM, including many Lin-den and Norway maple, and space for another 70,000. With about 1,500 new street trees being planted by the city annually, it will take years before those spots are filled. Although some non-native species are planted, native species are gen-erally favoured, including maple, ash, oak, birch and elm. Occasionally, the trees along certain streets are designed for pruning and the munici-pality’s 18 arborists respond to calls. Another of HRM’s jewels is the Halifax Public Gardens—the old-est Victorian-style garden in North America. Established in 1836, it’s home to a wide range of native and introduced species. Simmons hopes that the long-awaited master plan will foster a long term vision for all the city’s trees. It may also lead to the introduction of a tree cutting bylaw for private property, something that will require changes in provincial legislation. Currently, the municipality has no jurisdiction over private property with the exception of riparian areas and slopes. “We’re now going to the public and asking: what are your interests in urban forests? . . . I wouldn’t be surprised if we went that way (toward a bylaw).” Helping development the master plan is the School of Resource and Environment Management at Dalhousie University. Simmons has worked as a municipal arborist for the past 27 years, first with the City of Halifax and then with the HRM following the 1996 amalgamation.

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Page 14: Tree Service Canada #15 Fall 2010

Page 14 TREE SERVICE CANADA FALL 2010

BY PAT K E R R

PiCUS is a mid-sized, shy, green European woodpecker but it is also a German engi-neered tool for detecting rot in trees. Philip van Wassenaer, chief consulting arborist for Urban Forest Innovative Solutions, markets and uses PiCUS. He is quick to point out the PiCUS isn’t for every tree service worker nor is it needed to assess every tree. However, for special high value trees with structural defects, in this liabil-ity crazy world, PiCUS can save trees or prevent injury. He says, “It allows me to preserve trees that might otherwise have been removed.”

PiCUS causes minimal damage to the tree. Roofing (or similar) nails are tapped in to the cambium and sound waves are

bounced through the wood. The sound waves travel faster through solid wood than through decay, allowing the relative speed to be calculated.

Dr. R. Bruce Allison, PhD and consult-ing arborist with Allison Tree Care, Inc. started using PiCUS in 2005. He says, “I use it regularly on a variety of assignments from large municipal jobs to smaller resi-dential jobs. Knowing of the presence and position of hidden decay and defects allows better use of the micro drill resistance tool to verify the type and exact size of defect. Improved understanding of internal defect allows me to preserve trees that might otherwise have been removed for lack of adequate information and also to identify truly hazardous trees thus protecting sur-rounding life and property.”

Dr. Allison has a video titled “Tree Decay Detection” at vimeo.com/5129962. He says, “There are two other manufac-turers of acoustic tomography tools. They are Rinntech in German and Fakopp in Hungary. Both are also great products and companies. I do not hesitate to recom-mend each of them.”

PiCUS equipment isn’t cheap. Start up is from $13-$15,000 Canadian and the complete package is up to $23,000. How-ever, at this time, it is about the most accu-rate way to assess rot in a tree without dis-secting the tree. The Journal of Arboricul-ture in 2004 said it gives 3% false positives and 8% false negatives. Wood and Science Technology in 2008 said it cannot detect fungal decay or staining that is less then 27 months old. Compared to the statistics

for other rot detection methods the rates are fantastic. For occasional use of PiCUS van Wassenaer and other consulting firms travel and do assessments for other tree service companies.

For more information go to www.picus-online.de or www.ufis.ca

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Understanding rot-detecting equipment Unique tools are pricey but have their place

Although not required for all tree assessments, PiCUS and other rot-detecting equipment is useful for high value trees.

Robert Roe, Curator at the Woodside National Historic site in Ontario, says their tulip tree is “priceless. We can’t put a value on it because it is a level one artifact. It is one of the few artifacts with this protection level that is alive.” The tree has a direct connection to William Lyon MacKenzie King, Canada’s longest serving prime minister.

PiCUS and engineering-based tree pulling tests were done to assess the historic tree. The results showed one of the stems was weakened while the other was fine. As a result, the crown was reduced and cables were added for support. Roe doesn’t flinch at the $3,700 price tag to assess and maintain the tree. “This is part of our ongoing attempts to preserve this artifact.” He is well aware the tree will not survive forever and has plans for its successor. How-ever for now, “it is a physical link showing the time to the past.”

The historic site discussed options with a number of profession-als in the tree care industry and other specialties before hiring van Wassenaer of Urban Forest Innovative Solutions. “Some,” says Roe, “even suggested making knick knacks out of the tree. Tulip trees are good for carving.”

Until recently the historic site held weekly “teas” directly under the canopy. At the recommendation of van Wassenaer this practice was stopped, the roots were mulched, fertilized and flowers were planted to prevent foot traffic in the root zone.

Says Roe, “We would do it again. It was money well spent.”

Curator Robert Roe doesn’t flinch at the $3,700 price tag to assess and maintain the tree. “This is part of our ongoing attempts to preserve this artifact.”

Saving former Prime Minister William Lyon MacKenzie King’s Tulip TreeRot detecting equipment preserves heritage tree

Page 15: Tree Service Canada #15 Fall 2010

Page 15TREE SERVICE CANADA FALL 2010

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NOVEMBER 2010

Nov 18 & 19: Edmonton, AB Green Industry Show & Conference www.greenindustryshow.com

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