1 Regular Council Meeting Monday, April 9, 2012
The Appomattox Town Council held a Regular Council Meeting on Monday, April 9, 2012 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, with Mayor Harvey presiding.
Members present: Timothy W. “Timmy” Garrett, C. Lewis McDearmon, Mary Lou Spiggle, N.H. “Jimmy” Mayberry, Steven T. “Steve” Conner and Joyce B. Bennett.
Others Present: Jeff Elder, Utility Director, Jenae’ Cunningham, Stephanie James, Carlton Duck and Alive TV Crew, Stacey Wilkes, Town Treasurer; C. William Gillespie, Interim Town Manager and Roxanne W. Paulette, Clerk of Council.
Mayor Harvey called the meeting to order.
Jenae’ Cunningham, St. Anne’s Episcopal Church led the invocation.
Jenae’ Cunningham also led the Pledge of Allegiance.
Mayor’s Comments Mayor Harvey thanked the Town Public Works Department for their assistance at the Grand Opening of the Museum of the Confederacy on March 31, 2012. He also mentioned the Appomattox Literacy Program – The Day of the Young Child – April 28, 2012 activities. Lastly, he mentioned that the issue of a Leash Law has been brought to his attention again.
On a motion by Councilmember Garrett, seconded by Councilmember McDearmon, Council voted to adopt the Consent Agenda for April 9, 2012. All members present voting aye. Motion carried.
Unfinished Business None
New Business
On a motion by Councilmember Spiggle, seconded by Councilmember Conner, Council voted to authorize advertisement of the Proposed Water and Sewer Rates and the FY 2013 Budget. All members present voting aye. Motion carried.
On a recommendation by Mr. McDearmon, Chairman of the Finance and Planning Committee, Council voted to award construction of the Public Works Buildings to Piney Ridge Contracting and Consulting with $200,000 from the Priority and Initiatives and $133,835.00 from undesignated fund balance including the brick façade. All members present voting aye. Motion carried.
2 Regular Council Meeting Monday, April 9, 2012
On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to appoint Catherine B. Zdgiebloski to the Appomattox Town Tree Board with a term expiring December 31, 2013. All members present voting aye. Motion carried.
On a motion by Councilmember Garrett, seconded by Councilmember Spiggle, Council voted to adopt the following ordinance: AN ORDINANCE TO AMEND AND REENACT the Code of the Town of Appomattox, Chapter 177, ARTICLE I - URBAN FORESTRY by amending §177-2 and adding §177- 5 through §177-8.
Be it ordained by the Council of the Town of Appomattox, as follows:
Section 1. Chapter 177, Section 2 shall be amended and reenacted and Chapters 5 – 8 shall be added as follows:
§ 177-1. Purpose and intent of this chapter.
A. It is the purpose of this chapter to promote and protect the public health, safety
and general welfare by providing for the regulation of the planting, maintenance, preservation and removal of trees and shrubs, on public property within the Town of Appomattox.
B. The purpose of this chapter is to further promote the following:
- The planting, maintenance, restoration, and survival of desirable trees and shrubs
within the town.
- The protection of community residents and visitors from personal injury and
property damage, and the protection of the town from property damage, caused or threatened by the improper planting, maintenance, or removal of trees and shrubs, located on public property.
The reduction of erosion and sedimentation.
The reduction of storm water run-off and its associated costs.
The protection and enhancement of property values and aesthetic qualities in the
town.
The protection and enhancement of the overall environment of the town.
The protection of bird habitat as the Town of Appomattox is a bird sanctuary.
The enhancement of the quality of life of the town and its citizens.
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To facilitate the long-range planning of tree care in the town.
§ 177-2. Establishment of Town Tree Board
A. There is hereby created and established the Town of Appomattox Tree Board, which shall be made up of seven members; five of which are to be citizens and residents of the Town of Appomattox, Virginia, and who are to be appointed by the town council. The town may appoint a member recommended by the Appomattox Garden Club, and non-residence in the town shall not impair the membership status of this individual. The County Forester shall serve as a standing member of the board.
B. Members of the tree board shall have skills and an expressed interest in at least
one of the following areas:
(1) Urban forestry.
(2) Landscaping.
(3) Arboriculture.
C. Terms of office.
(1) Each member shall be appointed for a term of two years, or until their
successors are appointed, except that the initial appointment of two members shall be for a one-year term, the remaining members for a two- year term.
(2) Members may be re-appointed to serve consecutive terms as determined
appropriate by the town council.
(3) The board shall elect a chair, vice chair and secretary/treasurer who shall
serve annual terms and may succeed themselves.
D. Minutes and rules.
(1) The board shall adopt such operating guidelines, rules and regulations as it
may consider necessary. The board shall have no executive authority, its powers being strictly advisory.
(2) The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other such official actions, all of which shall be immediately filed in the town office and shall be a public record.
4 Regular Council Meeting Monday, April 9, 2012
(3) All meetings of the board shall be open to the public.
(4) A majority of its members shall constitute a quorum for the transaction of business. In the event one or more seats on the board are vacant, a majority of the non-vacant seats shall constitute a quorum for the transaction of business.
(5)
The Board will meet monthly, or at least ten (10) times per year.
E. Compensation.
(1) Members of the board will serve without compensation.
§177-3. Duties.
The Appomattox Tree Board shall have the following duties:
(1) The tree board shall recommend tree preservation and enhancement
ordinances.
(2)
The tree board shall investigate, develop, update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall be presented annually to the town council and upon their acceptance and approval shall constitute the official comprehensive tree plan for the Town of Appomattox.
(3) The tree board shall promote programs that educate citizens about trees
and their benefits and assist in choosing appropriate trees and sites for planting.
(4) The tree board shall develop a capital tree management program for the public sector and with voluntary participation for the private sector. This plan shall be updated every five years.
(5) The tree board shall present an annual report each year to the town
council, to include:
a. A description of the activities conducted.
b. A report of activities ongoing and forecast for future projects.
(6)
The tree board shall plan and coordinate an annual Arbor Day observance.
(7) The tree board shall assist in such other duties as assigned.
5 Regular Council Meeting Monday, April 9, 2012
§177-4. Authority to receive funding and advisory services.
A. All persons interested in urban forestry in the town are invited to make gifts, devises and bequests to the town to be used for that purpose. All donations of money shall be made through the town treasurer, who is hereby authorized and directed to receive such donations. All such monies shall be used only for the purpose of planting, maintenance, and promotion of the urban forest in the town. Expenditures from these donations shall be made by the town manager as authorized, from time to time, by the town council.
B. The tree board may, with the consent of the town council, apply for federal, state, or private grants or funding, and/or assistance, and to aid in the performance of their duties.
C. Upon request of the tree board with approval by the town manager, the
departments, boards, commissions, offices and agencies of the town government shall furnish to the Council such available information and render such service as may be needed in the performance of their duties.
§177-5. Responsibilities.
The Town Manager shall be responsible for the planting, trimming, removal, and care of all trees, shrubs, plants, and other vegetation on town-owned property, who are authorized to trim, prune, spray, fertilize, water, cultivate, maintain, plant, and remove any trees, shrubs, and other vegetation in accordance with the provisions of this article.
- The Town Manager shall be responsible for the maintenance of trees, plants
and shrubs within the lines of all streets and public parks.
- The Tree Board shall present an annual report each year to the Town Council,
to include:
a. A description of the activities conducted. b. A report of activities ongoing and forecast for future projects.
- When a tree is removed, it shall be the town’s policy to plant a replacement
tree in the same general area, if possible.
Stumps of trees located along town streets and in town parks shall generally be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground.
The Town Manager shall not remove or permit the removal of any tree, shrub, or other vegetation from any town-owned property unless he or his designee has determined that such tree, shrub, or vegetation is:
6 Regular Council Meeting Monday, April 9, 2012
a. Diseased or Infected with injurious insects or pests b. Obstructing or endangering the traveling public c. Dead or unsightly d. Affected with injurious fungus e. May harm public property or the health of the public
§177-6. Abuse, mutilation, or damage to public trees.
Unless specifically authorized by the Town Manager or Town Tree Board, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree on public property, nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree, nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with the, nor set fire or permit any fire to burn when such fire of the heat thereof will injure any portion of any public tree. Any person found to violate the provisions of this section shall be responsible for the cost of repair, or removal and replacement, of any public tree so damaged.
§177-7. Permission to plant.
It shall be unlawful for any person to plant any tree in any street, park, public place or public grounds of the Town, without first having obtained a written permission from the Town Council, who may, at their option, consult the Tree Board, setting forth the variety thereof and the location where the same may be planted, and without in all respects complying with the conditions and terms of such permission.
§177-8. Manner of cutting.
No cutting, meaning removal and/or destruction, of any live tree in any street, park, public place or grounds in connection with the work of any Town department or agency of the Town, other than the Town Manager, or other person having a right to use the street, park, public place or grounds shall be done except in such manner as directed by the Town Manager.
Section 2. This section shall become effective on April 9, 2012.
All members present voting aye. Motion carried.
Citizen Comment Period None
Council Concerns None
7 Regular Council Meeting Monday, April 9, 2012
On a motion by Councilmember Mayberry, seconded by Councilmember Conner, Council voted to adjourn the meeting at 8:05 p.m. All members present voting aye. Motion carried.
Roxanne W. Paulette, CMC Clerk of Council
Paul D. Harvey, Mayor