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(a) The Members of the Shade Tree Commission shall be appointed by the Mayor with advice and consent of Council. The Mayor shall base nominations for appointment on prospective candidates’ knowledge of botany, forestry, arboriculture-horticulture, landscape architecture or resource management.
(b) At the time of the initial appointments, the first two members named shall serve for a period of two years. The remaining members shall be appointed for three years. Thereafter, all appointees shall be appointed for a term of four years. In the event a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired balance of that term. Members may be appointed to successive terms.
(c) Any Member who fails to attend three consecutive regularly scheduled meetings or who fails to attend 50% of the regularly scheduled meetings during any period of twelve consecutive months shall be removed from the Commission and his or her seat declared vacant.
(d) In addition to the Members appointed in accordance with subsections (a), (b) and (c) hereof, the City Administrator shall designate one, and may designate two, full time employees of the municipality to serve as technical advisors to the Commission. Employees so designated shall attend meetings of the Commission and, subject to supervisory discretion of the City Administrator, perform such research and other tasks as are assigned to them by the Commission. Employees designated to serve on the Commission shall be compensated at their regular rate of pay and in accordance with applicable laws and municipal policies governing overtime compensation for all time expended in service to the Commission. Employees designated as advisors to the Commission shall have all rights and privileges accorded Members of the Commission but shall not vote on any question presented to the Commission.
(Ord. 7456. Passed 12-4-12.)
Members of the Shade Tree Commission shall serve without compensation. Appropriated and appropriately budgeted funds may be expended to pay travel, training and other expenses incurred by Members in the course of service to the Commission. Such expenditures shall be approved by the City Administrator, Board of Control or Ordinance of Council in accordance with monetary limits imposed on the discretionary spending authority of Department Heads and Board of Control by general Ordinances in effect at the time such expenses are incurred.
(Ord. 7456. Passed 12-4-12.)
All meetings of the Commission shall be conducted in accordance with applicable requirements of the Ohio Open Meetings Act in effect on the date the meeting is convened. A majority of the voting members shall constitute a quorum for the transaction of business. The Commission shall adopt procedural rules consistent with all applicable requirements of the City Charter, Ohio Open Meetings Act, Ohio Public Records Act and this chapter to govern its proceedings. The Rules shall provide a mechanism by which one voting member of the Commission is designated Chairperson and provide that the Chairperson shall be responsible for assuring that all activities of the Commission are undertaken and performed in accordance with the adopted Rules. The Rules shall further provide for:
(a) Timely publication of notice of proceedings to be entertained by the Commission;
(b) Timely preparation, publication and preservation of minutes of all proceedings before the Commission;
(c) A mechanism for the designation of a presiding officer in the absence of the Chairperson; and
(d) A requirement that all determinations be approved by a Roll Call Vote demonstrating the concurrence of not less than three voting members.
(Ord. 7456. Passed 12-4-12.)
(a) The Shade Tree Commission shall compile an inventory of the trees, shrubs and long-lived perennial plants on municipally-owned lands and within public rights-of-way maintained by the Municipality. With permission of the appropriate governmental entity, the Commission may inventory trees, shrubs and perennial plants on public lands within the municipality that are owned by the United States, the State of Ohio, Defiance County or any township and within rights- of-way maintained by the Department of Transportation. The Commission may inventory trees, shrubs and perennial plants established on privately-owned lands that are adjacent to public land or public rights-of-way and near enough to improvements constructed or proposed for construction on those lands as to, in the opinion of the Commission, affect the utility of the improvements provided, however, that no entity shall be made upon those lands without permission of the owner. The inventory shall include a study of soil and water conditions in the immediate vicinity of the trees, shrubs and perennial plants inventoried and an assessment of probable changes to those soil and water conditions as a result of future development anticipated by the 2030 Land Use Plan or Strategic Plan.
The inventory shall include an assessment of the health of inventoried vegetation and recommendations regarding the species deemed appropriate for planting in each area based on the existing and probable future soil and water conditions at that location.
(b) The Commission shall develop a comprehensive plan for the planting, care, preservation, trimming and removal or other disposition of trees, shrubs and floral displays on municipally-owned lands and other grounds maintained by the municipality and within rights-of- way maintained by the City.
(c) The Commission shall review the inventory and comprehensive plan required by subsections (a) and (b) hereof on a continuing basis and shall conduct not less than six regularly scheduled meetings per year for that purpose. On or before July 1 of each year, the Commission shall present a current inventory and any recommended changes to the comprehensive plan to Council. Upon acceptance of the comprehensive plan by Resolution of Council, the City Administrator shall maintain all trees, shrubs and perennial plants on all lands maintained by the municipality and within municipally maintained rights-of-way in accordance with the recommendations of the comprehensive plan. The Planning Commission and City Administrator shall verify compliance with the comprehensive plan prior to recommending approval of any proposed subdivision to Council.
(d) The Commission may gather and disseminate information to the public regarding the planting, trimming, care and removal of trees and shrubs to promote public awareness of the species recommended for planting within the City and public understanding of the importance of soil, water and other environmental conditions to the selection of appropriate species and varieties for planting at any given location; to promote public understanding of proper techniques for the maintenance of trees and shrubs and to promote public interest in urban forestry and the use of landscaping to reduce energy consumption and improve air and water quality.
(e) The City Administrator may request the Commission to provide site specific advice and guidance regarding the planting or maintenance of landscaping of any land owned or otherwise maintained by the municipality. The Commission shall respond to such requests within a reasonable period of time. The response shall be advisory only and shall not limit discretion otherwise vested in the City Administrator by Charter, General Law or Municipal Ordinance.
(f) The Commission shall implement an annual Arbor Day and program appropriate public educational and ceremonial events to commemorate the observance of Arbor Day.
(Ord. 7456. Passed 12-4-12.)