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City Attorney Steve Mattas advised Council that the Town had received notice of the dangerous condition via the arborists report and the Town should act to remedy the dangerous condition. He did not see a problem with the Public Safety Officer's suggested extension of time to work individually with residents on a case by case basis. He noted that the Town's basis for exposure to liability was based on the accuracy of the arborists report. If a resident questioned the conclusions of the report, they could bring forward information from their own arborists to be reviewed by the Town and Town's arborists and the issue could be revisited. City Manager Cahill added that the issue would be resolved administratively. Council discussed the option of granting an additional thirty (30) days to residents with multiple trees requiring abatement. City Attorney Mattas advised that Council had the option to concede the additional time; however, with the extension they were balancing the additional time with risk and exposure. Council had received notice of the hazardous conditions via the report and to consider the modification to time was an assessment of the risk. REOPENED PUBLIC COMMENT Courtenay Corrigan, resident, questioned if the Town notified the homeowner that a dangerous situation existed but extended the abatement requirement by 60 days, did the Town incur a liability by encouraging the use of the pathways under the identified trees? • CLOSED PUBLIC COMMENT MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Kerr and passed unanimously to approve the recommendation of staff as presented in the staff report and to allow staff the flexibility, on a case by case basis, to extend the completion of the tree maintenance period to a maximum of 60 days. The extended time would permit a resident to provide a report from their arborists for staff s review if they had issue with the Town's report. 21. Request for Approval of Funds for a Town Sponsored Trail Riding Program for Adults Councilmember Warshawsky recused himself from discussion of the item. Parks and Recreation Supervisor Eric Christensen introduced the item to Council. Council had before them a request to use Town funds for payment of expenses associated with the board and care of one horse for a three month period for use in a trail riding program for adults. The pilot Parks and Recreation program would be based out of Westwind Barn with the rides tentatively scheduled for September 22, 29 and October 6, 2007 Year `Round Riding Program Instructor Jane Kawasaki would guide the initial series of rides. Each trail ride would be preceded by a training session. 15 City Council Regular Meeting Minutes September 13,2007