General Authority apologizes and says trees lost due to the project will be replaced.

Franklin City Council heard concerns Monday at its regular meeting that the latest round of sewer work is damaging area trees.

The Franklin Shade Tree Commission member Hope Bittner expressed the group's alarm over trees that have been lost during the work.

"Basically, we've had some conversations, and I think we might be moving in the right direction, but I just want to inform you we are concerned," she said.

David Lord, chairmen of the general authority, apologized for what he called an oversight and for the "neglect in not consulting the commission to begin with."

Lord said the objective for the work, stretching from 14th to 16th on Liberty and Elk streets was to minimize cost and give to the city something that was more than just a revision of the old sewer system.

"In doing that we had hoped to go up the sidewalk and stay out of the street as much as possible, and make a new sidewalk that was an improvement over what was there, with many of them being old, broken slate," he said.

Unfortunately, Lord said that the project was switched around several times and, ultimately, several trees were removed.

"Where there are situations where trees have been impacted by this ... with the direction of the Shade Tree Commission and the owners of the property - we'll replace any tree they would like in that particular area," Lord said.

"And it won't be a small tree," he added. "It will be a relatively mature tree - as mature a tree we can conceivably haul to replace in that area so it looks like it's been growing in that area."

In addition, sidewalks that were impacted during construction will be replaced with new sidewalks, Lord said.

He said the general authority plans to meet with Bittner and the Shade Tree Commission to review the rest of the sewer project.

"I don't believe there are any more areas where trees will be impacted, Lord said. "Our hope is to see the streets return to some of their former glory. It would be nice to see a uniform line of trees going up Liberty Street.

"It's encouraging that two groups are working together," Mayor Robert E. Heller said. "We appreciate both of you coming in and letting us know what the situation is."

In other business: council gave the go-head to paint a property at 1433 Elk St., despite the fact that work had already started before being approved.

Several officials expressed concern that the project was started without property approval, which may undermine the authority of the Historic Architecture Review Board.

Council asked about imposing fines against the owner, Louis Chelekis, a California resident who inherited the home after his mother died.

Councilwoman Ann Rudegeair warned that punishing an out-of-state resident who is actually making repairs may send the wrong message.

"Even with the color schemes, HARB has not dealt with paint colors and getting into that grey area," she added.

Council voted 4-2 to approve the project, but was then instructed by solicitor Brian Spaid that the approval should be the last of its kind - having not come before HARB.

"We've done this in the past, and I don't have a problem doing it tonight, but if you want your HARB to have any teeth, (projects) can not come to you for the first time," he said.