Ordinance of Shade Tree Commission

This is a draft for the shade tree commission ordinance 2/25/2019

ORDINANCE OF SHADE TREE COMMISSION OF RUTLEDGE
AN ORDINANCE PERTAINING TO THE BOROUGH SHADE TREE COMMISSION WITH CERTAIN DUTIES AND RESPONSIBILITIES REGARDING THE PLANTING, CONTROL, PROTECTION AND IMPROVEMENT OF TREES UPON PUBLIC STREETS, PARKS AND PUBLIC PLACES IN THE BOROUGH OF RUTLEDGE, COUNTY OF DELAWARE AND THE COMMONWEALTH OF PENNSYLVANIA.

SECTION 1. DEFINITIONS.
THE SHADE TREE COMMISSION OF RUTLEDGE BOROUGH: Commission that serves as an advisory body, resource and service to the Council of Rutledge Borough and residents on all matters regarding trees.
See Chapter 25 – Trees.
SECTION 2. CREATION AND ESTABLISHMENT OF THE BOROUGH SHADE TREE COMMISSION.
A. There is hereby created and established a Borough Shade Tree Commission for the Borough of Rutledge, Pennsylvania.
B. The Commission shall consist of 5 members of the community appointed by the Borough Council.
C. There shall also be one Borough Council member appointed by the President of the Borough Council to serve as a voting member.
SECTION 3. TERM OF OFFICE.
A. The initial terms of the Commission shall be staggered so two members will be appointed for two years and three members will be appointed for 4 years.
B. After the initial terms, each Member shall be appointed for four year terms. The Borough Council Member appointed to the Commission will serve a term of two years.
C. There is no term limit for any member of the Commission.
SECTION 4. OFFICERS.
A. The Commission shall have the following officers none of which may be the member of Borough Council: Chairperson, Vice Chair, Secretary and Treasurer.
B. The Chairperson, if present, will preside over meetings of the Commission and in the absence of the Chairperson, the Vice Chair shall preside.
C. The secretary shall take minutes of each meeting and, once such minutes are approved the Commission, shall file them promptly following the meeting with the Borough Chair.
D. The Borough Chair shall file the meeting minutes promptly with the Borough.
E. The Treasurer shall track all expenditures, funds, work directly with the Borough Bookkeeper for auditing purposes
F. The term of office of the three elected officers and the council member shall be two years.
G. The Commission shall elect its officers at the first meeting of the year in each year following the year of a municipal election.
a. In the event that a vacancy occurs during the term of any officer, that officer’s successor shall be appointed by the Chairperson for the unexpired term.
b. If the office of the Chairperson is vacant, the Vice Chair shall assume that role an appoint a Vice Chair.
SECTION 5. COMPENSATION.
Members of the Commission shall serve without compensation.

SECTION 6. DUTIES AND RESPONSIBILITIES.
The duties of the Commission shall be as follows:

A. At the request of Council, to study and determine the needs of the Borough in connection with public tree planting activities.

B. To serve as a resource to the Council and residents of the Borough on all matters regarding trees, both in the public right of way and private property.
1. Recommend to Council and residents the type and kind of tree to be planted upon the Borough streets or parts thereof as designated.
2. To encourage the proper planting and selection of street trees and public trees in the Borough, and advocate for the maintenance and improvement of the Borough tree canopy.

C. As may be required by ordinance, provide advice to residents on the maintenance of existing Street Trees, and the replacements of any Street Trees and other vegetation within the Right of Way.

D. Council Chair shall maintain a catalog of all street trees that need trimming, pruning, removal, or other similar work done.
1. Residents shall notify on the Shade Tree Commission of work being done to street trees
2. Council Chair to the Shade Tree Commission shall maintain a catalog of all altered trees
3. Council Chair to the Shade Tree Commission shall manage the email account pertaining to tree work
4. Council Chair to the Shade Tree Commission shall report, monthly, to the council and to the shade tree commission all of the work done to street trees in the borough
5. Council Chair to the Shade Tree Commission shall notify the Shade Tree Commission Chair of any tree work that requires supervision or approval.

E. Assist Council in the dissemination of news and information regarding the selection, planting and maintenance of trees and to make recommendations from time to time to Council as to desirable legislation concerning the tree activities for the Borough.

F. Conduct regular and special public meetings at which the planting or maintenance of street trees, l, planting or maintenance of public trees, shade trees and the tree canopy may be discussed and recommendations considered.

G. Annually report in full to Council regarding the planting, removal and maintenance of public trees, street trees and the tree canopy and such other actions as may have been undertaken by the Commission.

H. When requested by Council, consider, investigate, report and make findings and recommendations upon any special matter or question coming within the scope of its work or related to vegetation within the Right of Way or on public property as may be referred by the Council.
I. Facilitate the purchasing and planting of appropriate street and public trees for residents and the Borough.

SECTION 7. OPERATION.
Subject to approval by Council and consistent with this Ordinance, the Commission shall choose its own officers and make its own rules. A majority (three) of the officers of the Commission shall be a quorum for the transaction of business. The Commission must make regular report of its meetings to the Council and report any approvals as may be required by ordinance.

SECTION 8. FINANCES.
1. The Commission shall be partially funded by the Borough Council as part of the annual budget. The Shade Tree Commission is allowed to fund raise independently.

2. The Borough shall maintain a separate bank account for the Shade Tree Commission
3. The Commission shall provide an annual budget and financial report to Borough Council. The Commission shall provide a full breakdown of revenue and expenditures to Borough Council. The Commission shall comply with the borough mandatory annual audit.
4. All expenditures must receive two signatures from the council
5. The Borough Council Member who sits on the Shade Tree Commission to be a co-signer on bank account.

SECTION 9. MANNER OF PRUNING AND PLANTING
Persons, corporation, or public utility shall consult Planting and Maintaining Trees Chapter 25, Part 1.
SECTION 10. SEVERABILITY.
If any of the provisions of this Ordinance, or the application of any provisions hereof, shall be held invalid, such invalidity shall not affect or impair the remainder of this Ordinance, it being the intention of the Council that such remainder shall continue in full force and effect.
ATTEST:
BOROUGH OF RUTLEDGE
By:_____________________________________Secretary
By:_____________________________________Council President
By:_____________________________________Mayor

Posted in draft ordinances