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May 15, 2023 1 <br /> <br />Irregularities in Collection of Tree Bylaw Fees <br />and Mitigation Payments <br /> <br />In certain circumstances the Lexington Tree Bylaw requires the payment of tree removal fees <br />and mitigation payments. This report documents irregularities in the collection of these <br />payments that have resulted in loss of significant monies to the Town. Equally important, <br />awareness that fees may not be collected reduces the incentive for developers to retain trees. <br />Concerns about the controls concerning these payments were also documented in an earlier <br />report1. <br />1. Types of payments and how they are collected <br />Tree removal permit fee – Requirements for these payments can optionally be entered by the <br />Tree Warden in the Town’s online permitting system, Viewpoint Cloud. However, this <br />capability is rarely used for these tree removal fees. The fees can be paid with a check delivered <br />to the Building Department or on-line with a credit card or e-check. When a payment is made by <br />the property owner it is recorded in Viewpoint Cloud. Authorized users of Viewpoint Cloud can <br />create reports listing these payments <br />Tree mitigation payments – These payments can only be made through the Department of Public <br />Works and only by check. Checks are brought by the property owner (or their representative) <br />either to <br />• The DPW front desk in which case the DPW front desk attendant, if requested, provides a <br />paper receipt, and sends the tree warden an email notifying them of the payment. <br />• The tree warden, who then delivers the checks to the DPW front desk. <br />All checks received are sent to the Town Finance Department weekly with a printed "cash <br />turnover sheet" created through an Excel spreadsheet. The printed sheet contains the name <br />and number on the check. The address of the property for which the check is provided is <br />usually noted in the excel spreadsheet and is sometimes present on the printed sheet. <br /> <br />While there is a capability to record the need for a payment in the online Viewpoint Cloud Tree <br />Removal Permit, it is almost never used. There appears to be no capability to formally record <br />the payment in the Viewpoint Cloud System. <br /> <br /> <br />1Use of Open Gov and Bylaw enforcement – Sections 6 and 7 <br /> https://records.lexingtonma.gov/WebLink/0/doc/2510719/Page1.aspx <br />