Greenfield council debates tree ordinance

The village of Greenfield is considering the creation of a tree commission to aid in the goal of becoming a "Tree City USA." However, a council member feels that the legislation creating the commission is invasive to village residents and could result in a potential lawsuit. 

Ordinance No. 2-12, which would create the commission, was introduced during the Feb. 7 meeting of the Greenfield Village Council. Council voted 3-1 to accept the ordinance, with council member Chris Borreson voting against it. Borreson said during that meeting that he felt that the people he represented would not like the legislation, with a commission telling them when and how to prune their trees. 

In her Feb. 7 report to council, city manager Betty Bishop said that council has been reviewing the possible creation of the commission since spring 2011. "At that time, I asked you to get back with me if there were any concerns or any part of the legislation that you felt needed changing," Bishop said. "This is trying to protect our community and its tree stock and working toward a planned planting program for the future. Also, this can bring recognition to the community through the Tree City USA program. This is just a start. I am sure once a tree commission is in place, there will be many times they will bring improvements to you."

Borreson was elected in November and was sworn in as a member of council in January. 

Bishop said that currently, for example, there is no section of the village's codified ordinances that allows Greenfield to intervene if a property owner refuses to trim back a branch that is likely to fall on another person's home. Borreson said that if the tree is on private property, then it is not up to the village. Bishop said that if a tree branch were hanging over her home and the property owner was unwilling to do anything about it, she would want someone to intervene. 

During Tuesday's regular council meeting, council heard the second reading of the ordinance. 

Borreson said he felt the legislation was in conflict with the Ohio Revised Code, which states in section 715.20 that villages are permitted to remove trees only "in streets, alleys and public grounds" and has no right to remove trees on private property. 

"As a member of Greenfield council, we all took an oath to uphold the Constitution of the state of Ohio," Borreson said in a prepared statement to council. "I took this oath seriously, as I am sure all of you did as well. I ran for city council in order to serve the citizens of this village and to look out for their best interests ... to be a voice for them. As a member of Greenfield council, I must also protect the council's interests in order to avoid potential civil liability for any ordinances we propose." 

Borreson said he understood the reasoning behind proposing the ordinance, but he felt it would open the village up to "civil liability."

"I also have concerns about forcing the citizens of Greenfield, many of which are unemployed or under-employed, to pay for the removal or pruning of trees that the tree commission chooses for removal," Borreson said. 

He cited an Ohio 10th District Court of Appeals case in which the city of Gahanna was sued by property owners after the city removed trees located on private property. The court ruled that the city had to pay the property owners for the removal of the trees. 

"Given this precedent, I think that the proposed village ordinance, particularly with its requirement for property owners to prune or remove trees at the property owner's expense, exceeds the village's power and violates the Ohio Constitution. This ordinance will not only expose the village to civil liability but will also place a significant burden on the citizens of this village, many of which, can barely make ends meet as it is." 

Council President Betty Jackman said that Greenfield Law Director Brian Zets had already approved the proposed ordinance. Bishop said that she would forward the information from Borreson to Zets, and it could be further discussed at the March council meeting, when the ordinance is scheduled for its third and final reading. 

Jackman asked if it was all right with council to proceed with the second reading, since the ordinance will likely have further discussion March 6. No one objected, and it was given its second reading. 

According to an information packet from Bishop on "G4T" (Greenfield for Trees), a part of the G3 (Greening Greater Greenfield) initiative, there are goals that go toward creating a better future for the village. The G3 committee was started in November 2010. 

The "Ohio University Voinovich Center awarded the city of Greenfield a grant for a study to evaluate possibilities for the future growth of the city," according to the packet. "Out of that study has emerged the G3, an energized group with a vision for the future of this Greene Countrie Towne. G4T falls right in the original goals of the G3 committee. Beautification strategies focus on enhancing the appearance of Greenfield through efforts such as community clean-ups, tree and flower plantings and improvements to residential and commercial properties." 

The goals of the committee, according to the packet, are "removing hazardous trees, maintaining mature trees through pruning[ad] small tree structural pruning." The anticipated benefits would be "an increase in property values, increase public safety, reduce crime and vandalism, decrease water run-off." 

Council also voted 3-1 to amend the ordinance, adding a section creating a tree removal permit, at a cost of $10. 

Bishop told council that, "I want to remind you of the many attributes of a tree program. There are many Tree City USA cities across America, many of them in the state of Ohio. We want to remind you that we are working to create an atmosphere that draws business and industry to Greenfield, beautify lawns, parks, and streetscapes, and to devise  a plan to clean, green and beautify homes and businesses." 

In other business: 

• Council heard the second reading of an ordinance repealing the noxious weed ordinance that is currently in place. It is anticipated the tree commission ordinance will replace the noxious weed ordinance. 

• Bishop reported to council that Dustin Malone, a K-9 office has been hired as  a part-time officer for the Greenfield Police Department. Additionally, she said, earlier this month the Lynchburg Village Council voted to transfer its K-9 program to the GPD. 

"On Feb. 10, we received ownership of a 2005 Ford Crown Victoria cruiser, complete with equipment and a 3-year-old Belgian Malinois dog named Chica," Bishop said. "I am very pleased to get a seasons officer such as Dustin and doubly pleased that he will be reunited with his dog doing what both of them enjoy doing in police work. We have had great success with out canine units over the past few months, and as I have told you before, the addition of canine units help protect the men on the streets, especially when we are as understaffed as we are. We now have three units. Thank you, Lynchburg, for the donation." 

With the donation of the cruiser from Lynchburg, Bishop said that the GPD will be donating an extra cruiser to the Southern State Community College law enforcement program. 

 "The (SSCC) academy has been very generous to the police department and has provided thousands of dollars of training for free already this year," Bishop said. "

• According to the 2011 cable TV report, provided to Greenfield by Pat Hays, Bishop said, shows that there is a balance of $14,691.37, "with inflows of $14.57 and outflows of $350 for a total of $335.43 loss for the year, which resulted in an ending balance of $14,355.94. They donated all their receipts from Time Warner Cable for 2011 to the city. We are very thankful to Greenfield TV for helping the community through some tough financial times over the past few years."

Council voted 4-0 and passed as an emergency an ordinance that changes the appropriation and distribution of the annual cable franchise fee. 

• The Greenfield Civil Service Commission will be administering an entry level examination for the position of police patrol officer and finance clerk for the water and sewer department. Application can be obtained from the village offices, or by calling (937) 981-3500. Applications must be submitted no later than noon on Friday, Feb. 24.