City Appeals Judge's Ruling on Treehouse

By Maybelle G. Cagle

Clinton aldermen by a vote of 5-2 Tuesday night decided to appeal Circuit Judge Tomie Green's recent ruling concerning the Welch family's tree house in their front yard.

In her ruling July 23, Green found that city officials were “unreasonable, arbitrary and capricious” in deciding the tree house shouldn't be allowed.”

Voting against the appeal were Ward 3 Alderman Clint Brantley and Ward 5 Alderman Herb Touchton. Voting for the appeal were Ward 1 Alderman Tony Hisaw, Ward 2 Alderman Tony Greer, Ward 4 Alderman Phil Fisher, Ward 6 Alderman Sharbert Lott and Alderman at Large Jehu Brabham.

Officials have about two weeks left in which to file the appeal to the state Supreme Court. They will ask that the court rule in “an expeditious manner.”

“The board voted to appeal the ruling to seek clarification of our zoning regulations and to ask for directions in how we apply the regulations as set forth in Judge Green's ruling,” said Mayor Rosemary Aultman after the meeting.

Scot and Mary Welch and their four children attended the meeting along with a dozen or more supporters. After concluding regular businesses, the board went behind closed doors in executive session to discuss appealing Green's ruling.

When they emerged about 45 minutes later, they allowed Scot Welch to make last minute comments about the tree house.

He told the board he built the tree house to have a place for not only his

children, but neighborhood children as well. “We live in a different world than when I was a child,” said Welch.

Welch said the tree house is positioned where Mary Welch can be in her kitchen washing dishes and still keep an eye on the children.

He urged the board not to appeal the issue, but rather to change the ordinance. “This has been hard and stressful. We'd like for this to stop,” said Welch.

Welch reminded the board that a year ago they went on record as saying they would support keeping the tree house, if a legal way could be found to do so.

While the Welches contend the issue involves “one tree house,” officials said the matter concerns what is allowed in the city's zoning regulations.

Brabham mentioned some of Green's wording in the ruling. He said the phrase, “once upon a time,” as quoted by Green, is “not the end of the story.”

He said he doesn't want to look back 10-12 years from now and wonder why the city didn't clarify the ruling.

“What is good for one neighborhood should be good for all of them,” said Fisher.

Fisher said he also had problems with Green's language in the ruling. He noted she referred to the tree house as being “ready for occupancy,” by the end of 1999.

He contended Green had accepted Mary Welch's statement as a fact that she asked the late Julion Lowther, zoning inspector, if she needed a permit for the tree house.

Lowther allegedly told the family he didn't believe a permit was needed.

Hisaw's reason for voting to appeal was that “I believe the judge made errors.” “Could you clarify the errors?” asked Mary Welch. “I don't have to,” replied Hisaw.

Aultman was asked after the meeting if the appeal would involve errors in the judge's ruling. She said the appeal was to clarify the ruling. “It will be a matter of public record when the appeal is filed,” added Dreher.

Aldermen approved a tax increment financing resolution that will reimburse the city up to $250,000 for installing a traffic signal at the parkway and Cynthia Street.

City Engineer Richard Broome estimated the signal should cost about $150,000.

Brabham asked about the time frame for the signal. Broome told him that bids should be awarded by the end of September with the project taking four months to complete.

In other matters, the board removed an item dealing with a preliminary site plan for the YMCA's new multi-million dollar facility on Lindale. Board members discussed the issue briefly at a work session Monday night and decided some additional information is needed. “The community deserves this,” said Brabham.

Aldermen voted to move ahead with cleaning unkept lots on Johnson Street and Tarvin Street. The cost of the cleaning will be billed to the homeowners.

Concerning other business, aldermen approved a final change order for Southside Water Improvements for a total of $445,938.88. “This will close the project out,” said Broome.

At the board's work session Monday night, they discussed adding a portable emergency generator to Contract No. 1 for the Southside Water Well. There is enough monies, $300,000, remaining in the project's budget, but the item was pulled off the agenda so it can be advertised for bids.

Aldermen approved a consent agenda Tuesday night that included paying:

-$13,392.50 to City Attorney Ken Dreher for legal services rendered.

-$2,725.00 to City Prosecutor Bill Spell for legal services rendered.

-$9,960 to Alford Engineering for professional services to develop a master plan at Traceway Park.