the requestor, you or your department? >> no. >> about the 311 requirements? >> no, after the appeal was filed, no, we have not had any contact regarding the 311. >> have you informed the requestor of what you just stated? >> correct. >> okay. thanks. >> so the 311 drawings, have you reviewed those? >> no i have not. >> and take a look at those and tell me whether you, concur that the items for the revision are not indicated at all on those drawings. >> i think that is conceded by everyone that that was not part of the original. >> yeah. >> i have not looked at it myself and i understood that would be case and went on that assumption that they were not part of the original application for the addition that was approved that did require the 311 notice. >> okay. >> mr. duffy? >> it appeals from the building permit under and for the request, was a formitt for the current permit for the building department and it received intake and the planning department reviewed and the building department reviewed and a mechanical plan che

. >> the arguments that been made that the burden is on the requestor of the permit, you know the permit applicant, to, establish the basis for the removal and that the burden was not met, here. and it... when you approach your review, of these permits, are you going through any type of like a checklist or sort of is one factor more positive than another in making the determination that is such a permit application should be approved for removal? >> our arborist will do their own assessment and we looking at the structure of the industry. and as you know i have presented before you in many other cases if the tree is healthy and structurally sound even if there are other factors that can be mitigated through the pruning or the sidewalk repair we do not approve the removal, in these cases we felt that the conditions were poor enough that it met that threshold to grant removal and i think that what he is referring to are criteria specific to significant treeds and that the director of public works should consider when making a determination. and that there are a number of factors that he me

. >> i would like to ask the requestor to representative to come back up please? i have a question. >> yes. >> so based on what the department just stated with respect to their direct, the absence of any direct contractual relationship with arbor well, it is difficult for me to see the conflict. >> well, we believe that the conflict interests maybe from the referrals, that the city gives to some of the private requests here, they make... and we really don't know how far this goes. we believe that it has been mentioned to me that according to her research, arbor well is on the city's prefered vendor list. >> where is that research? >> she is not here tonight, madam president. >> right. you are asking for a rehearing based on what appears to be speculation and i have not seen a document or any direct evidence. >> if you dwrant a rehearing tonight we will bring that in. >> based on the rehearing would be a presentation about a conflict and i don't have enough here to support that. >> you may not but another body will. >> i don't have any more questions for you. >> th