Document text
Oregon Road Conditions & Cams Email Story to a Friend April 5, 2005 Robert Davis, center, poses with Cassidy, 5, and Kaleb, 4. Davis and his wife have been trying to get three dead or dying maple trees removed from a neighboring property. In the meantime the two kids have been sleeping away from that side of the house. Mail Tribune / Jim Craven Out on a limb A Medford family and nearby property owner finally agree on getting rid of risky branches By JONEL ALECCIA Mail Tribune Months of worry about potentially dangerous dead tree branches may soon be over for a Medford family, thanks to successful resolution of a thorny dispute involving a leading local businessman. Robert and Kim Davis of 44 N. Peach St. say their two young children will be able to sleep soundly again once looming limbs are trimmed from three decaying silver maples planted on a neighbor’s property. "I’m just fine with getting rid of the stuff hanging over our house," said Kim Davis, 27. Medford construction magnate John Batzer, a trustee for the property at 48 N. Peach St., agreed Monday to pay $1,100 to prune the 60-foot trees. "We’re trying to work it out," said Batzer, co-owner of Batzer Construction. "I told them I’d pay for a bid for $1,100, but they had one for $2,500 and I thought they were way out of line." Advertisement For more than four months, the neighbors have tussled over who would pay for trimming or removing the trees. The dispute carries a certain irony because John Batzer’s wife, Anne Batzer, is on the board of directors for Mediation Works, a Medford nonprofit agency that often helps neighbors defuse property arguments. "The issue of trees is quite common," said Mary Miller, Mediation Works director. Noise, garbage and pets are other frequent problems. Medford city officials said that unless a dangerous tree threatens public property, it’s up to neighbors to resolve the issue. "There’s really no city ordinances that deal with that," said Lori Cooper, senior assistant city attorney. If a tree threatens general safety, the property owner is responsible for correcting the situation, she added. The Peach Street struggle centered on three trees described as clearly hazardous by one local arborist. "They’re dead and dying and they’re just going to break and fall apart," said Clarence Wangle of Beaver Tree Services, who examined the maples. "It’s just a matter of time." That fear was a constant worry for Robert Davis, especially after a fourth dead maple cracked and crashed months ago. "It just missed our truck — our only vehicle," said Davis, 30, who works as a glassblower. After that, Davis and his wife worried that huge limbs hanging over the bedroom of Cassidy, 5, and Kaleb, 4, could fall and hurt the children. They moved the kids to a room on the other side of the nearly 1,300-square-foot house owned by Kim Davis’ mother, Carol Cook of Salem. In January, the Davises contacted Batzer with the help of Grace Fitzgerald, a caseworker for Southern Oregon Head Start, where Kaleb is a student. Back then, Batzer seemed to agree to take care of the problem, they said. More recently, however, a secretary for Batzer indicated that he had no plans to pay for the tree removal, Fitzgerald said. But on Monday, Batzer told the Mail Tribune he was happy to split the costs of removal with the Davises, or pay to trim the limbs. Miller, of Mediation Works, applauded the successful resolution of a neighborhood dispute. "Ideally, people don’t need mediation," she said. "Because they can talk it out in a way that other people can hear." Reach reporter JoNel Aleccia at 776-4465, or e-mail [email protected] Mediation Works can help resolve neighborhood disputes Overgrown trees are only one of many issues that threaten neighborhood harmony. But officials who work regularly with cranky cohabitors say there’s help for folks who just can’t get along. "This is one of the beauties of mediation," said Mary Miller, director of Mediation Works, a Medford dispute resolution agency. "We’re always trying to balance the issue with the relationship where people have to see each other again." The agency frequently fields calls from neighbors feuding over issues ranging from falling leaves to late-night noise. They’ll often send out mediators whose primary job is to help combatants listen to each other. "Both parties hear a neutral person restate their positions," said Miller, noting that mediations are available on a sliding fee scale. If parties aren’t willing to seek mediation, they should at least seek civility, said Joe Jimenez, a Medford code enforcement officer. He’s frequently asked to referee disputes, but Jimenez said it’s neighbors’ responsibility to work things out themselves. Politeness goes a long way, he said. "How would Mrs. Cleaver do it?" said Jimenez, referring to the matriarch of the 1950s TV show, "Leave it to Beaver." "She had her apron and her pearls around her neck and she’d bake some cookies," he said. "Then she’d say, ‘Oh, by the way.’ " For more information about mediation, call 770-2468. Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Online Casino Student Loans tcg student loan consolidation Online Pharmacy Online Casino Reviews Myspace Home Equity Loans Windermere Van Vleet Rogue Valley Travel Discount Hotel Reservations Southern Oregon Loans Online Casino News Casino Gambling Sites Budget Website Templates Online Bingo Entertainment Guide Advertisement s