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A motion was made by Councilman Clazk, second by Councilman Worthen to approve Confirmatory Resolution #S, 2003 for a three year tax abatement on the building for NuGenesis. Motion carried 5-0. Jim Thompson, 54 West Washington Street, appeared before the council asking who was responsible for taking care of the trees in the planting strip. He told the council that in October 2002 he backed out of his driveway looking to the east and to the west and then started down the street, he was going to Crystal Flash, and he saw in his rearview mirror a tree hanging from the back of his motor-home. He said he notified the person at 59 West Washington Street what happened and the resident asked ham if he was going to contact Pau1(Bryant) and Jim said he was not but the resident could.A few weeks later Paul Bryant told him Sharp Lawns was going to replace the tree and he wanted Jim Thompson to pay him for the tree. In the meantime, Jim said, he found out that the grassy azea (planting strip) belonged to the Town of Mooresville. Mr. Thompson told Paul Bryant that when the Town sent him a bill he would pay for the tree. Paul Bryant assured Mr. Thompson that he (Mr. Thompson would pay for the tree.) He disregarded the bill sent to hirn and now he is subpoenaed to court on May 2, 2003. Mr. Thompson wants to know if the person who plants the tree owns the tree or does the Town assume responsibility for that tree.. He said he told Mr. Bryant that if that is the Town's tree he would pay for it. He said he was appearing before the council to see what they said about it or if he would go to court and they would decide. Councilman Mathis said this had never come up before and he didn't know from a legal standpoint if the grassy strip was the Towns on that particular street. He said there were different scenarios on different streets. Councilman Mathis said if any of these trees in the grassy area had to be cut down the Town cuts them down, but he did not know of any ordinance pertaining to the trees in the grassy area. Councilman Troy Bryant read Resolution dated June 5, 1984, which he said addresses tree planting in the planting strip, if the strip is. available a tree shall be planted in the middle of the strip and if there is no planting strip no closer than 15 feet and give different measurements if there isn't a planting strip. Councilman. Bryant said that he found nothing else on the issue when he searched the Ordinances. Councilman Worthen said the Tawn doesn't mow the grass in the planting strips and he doesn't think there is anything to address this issue. Mr. Thompson said he could tell the court on May 2'~ that he had made an effort and appeared before the Town Council to obtain information concerning this issue. He also told the council he thought there should be some parameters involved in the planting of trees, such as size, type, how many, etc. Paul Bryant told the council he had been involved in tree planting with the Revitalization Group and he has a list of suggested trees from the Audubon Society and Purdue University and he said Street Commissioner Joe Beikman got a copy. He said that Mooresville was one of the few towns that did not have a mandate for planting trees in the planting strips. Mr Thompson told Mr. Bryant that he was not here to debate this issue with him. Councilman Clark said if one of his trees he planted were knocked down he would just turn around and plant another and he wouldn't have anybody else pay for it. Councilman Bryant told the council he had copies for them of the Parking Ordinance and said Section #6 was different from the one he had given them previously. He asked the council if they wished to discuss this at this time. Town attorney Tim Currens suggested everyone put their thoughts on the table and work towards a final draft to be ready for the Council in a few weeks. He said he had a meeting scheduled with Joe Beikman and Tim Viles for their suggestions and as a background for the traffic study. This will be on the agenda for discussion at the May 13`~ meeting. [~ Councilman Bryant asked Tim Currens about the process for hearings on the properties located at 39 West Main Street and 101 West South Street owned by Doug Turner. Councilman Bryant will look at a copy of the Unsafe Building Ordinance. Animal Control Officer Mark Taylor reported twenty-five (25) calls, seven (7) impounded, and six (6) returned.