Westport Island selectmen will appear in Wiscasset District Court Tuesday, December 18, at 8:30 a.m., on behalf of the town, for a hearing on a small claims action brought by resident Stanley Lane.

The town has paid $712 of the $950 he spent having a 60 to 70 foot tree taken down that was on town property near his home. The tree was damaged during the Patriot's Day storm. He is still asking the court for $950, although he says he realizes the court probably won't award him that much, plus court costs.

According to the statement Lane presented to the court, the tree was split on April 15. On May 3, he hired Driscoll Tree Experts to take the tree down after being told by the town's road commissioner that he did not have the equipment to take it down. According to the selectmen, the tree was on a Central Maine Power right of way. Lane said CMP told him they wouldn't do anything about it, because it wasn't interfering with wires.

According to Lane, the day the tree was taken down there were heavy winds and the tree was swaying and rotating and ready to fall. Lane sent a letter to the selectmen requesting reimbursement with an explanation of what had transpired. He was told by the selectmen they had applied to FEMA for reimbursement and when it was received he would be reimbursed.

According to Lane, the town received two checks from FEMA August 30, for a little over $6,500 and another on October 5, for a little over $2,700.

On November 7, Lane, having heard nothing from the town, filed a claim for the money in District Court. On December 3, the town sent Lane a letter telling him the town had sent a check for $712 for reimbursement from FEMA, and indicated when they received the state's share of the remaining amount they would issue a check to him.

The selectmen told Lane in their letter to him neither the selectmen nor the road commissioner authorized him to hire any tree contractors.

"The tree near your road was in C.M.P. (Central Maine Power) right of way and C.M.P is responsible for dangers in their right of way," the selectmen wrote in their letter to Lane. According to the Selectman, they agreed to pay Lane the amount that FEMA reimbursed the town, which was $712.

The amount charged to Lane by Driscoll Tree Experts of $950 was just to take the tree down. The removal of the tree cost the town $350.

In the town's statement to the court the selectmen said, "It appears that $950 may be excessive compared to a larger pine tree on power lines on the East Shore Road, taken down after the Patriot's Day storm, at a cost of $250."

Lane said recently, "No question we paid more than we should have because it was taken down in an emergency."

"The town was aware of the problem, and had from April 15 until May 3 to have the tree taken down," Lane said. "The tree was coming down that day, either by the high winds, which could have created danger for people or property, or it could be taken down safely. What choice did we have? We chose to have it taken down safely. It was the town's tree, and now all we want is all our money back," Lane said.

Ronald Harrison submitted a bill for $135 for repairs he did on his road following the April storm. He was reimbursed $101. The selectmen pointed out in their statement to the court, that the bill to the town from Harrison was paid at the FEMA reimbursement rate of 75 percent.

Neither Harrison or Lane were authorized by the town to perform the work or to contract the work they billed the town for, the selectmen say.

The selectmen apologized to Lane for the delay in getting his reimbursement to him. "We apologize for the delay as we have been very busy with other town business," the selectmen said in their letter.

"The question is, who is responsible for the difference in what we have been paid, compared to what we paid to have the tree taken down?" Lane said. "It will be up to the court to decide."