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Maria McLuhan wanted to cut down a tree at the front of her South Market Street property in Muncy.
Her problem was the Muncy Shade Tree Commission prohibited it.
McLuhan filed an appeal, and after a public hearing to hear both sides of the issue, borough council voted to allow her to have the tree removed.
McLuhan testified that the Sugar Maple was nearing the end of its lifespan with insect infestation, a decaying trunk and roots, and fallen limbs.
"We stopped parking underneath that tree," she said.
In addition, she noted a sewer line to her home was damaged.
"If you cut a tree down, you (first) need permission," Alicia Myers, of the Shade Tree Commission, testified.
She said the decision to disallow the tree to be removed came after a forester and an arborist examined it.
However, McLuhan said she had Dincher & Dincher Tree Surgeons look at the tree and their conclusion was it should be cut down.
In addition, an insurance company recommended the tree be removed before it results in damage to property or injury to someone.
Myers said she was unaware of the damaged sewer line and knew of no problems with fallen limbs.
"We aren't here to be unreasonable," she said.
After a brief discussion behind closed doors to discuss the issue, council voted 6-0 to allow the tree to be cut down.
Voting yes were Richard Sutton, Ryan Scruggs, George Henry, Tara Ashby, Cindy Appleman, and Ed Feigles.
Scott Delany was absent.
In other action, council amended the borough's curfew ordinance
The amended version calls for those under the age of 18 to be off borough streets between 10 p.m. and 5 a.m.
Previously, the ordinance targeted those under age 17 and the time frame was 11 p.m. to 5 a.m.
Violators of the ordinance face fines, depending on numbers of offenses, ranging between $50 and $300.
Council acted on its pensions plans for police and non-uniform employees.
Under the Minimum Municipal Obligation, the borough will contribute $89,200 toward police pensions in 2027.
For non-unform employees, the borough will contribute $49,356 next year.
Borough Manager Charles Hall reported to council that pickup of leaves will begin the first week of November and that the Christmas lights will go up Nov. 8.
In other matters, council voted to:
- Lease a copier machine for the borough.
- Hire Chris Nau to fill a vacant crossing guard position.
- Establish a police grant account.
The next council meeting is scheduled for 6:30 p.m. Wednesday, Nov. 18 at Muncy High School.