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Council creates tree board but delays the citywide tree ordinance after debate over fines and enforcement

2523543 · February 25, 2025
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Summary

The council voted to establish a seven-member tree board and appointed members, but council declined to waive the ordinance’s second-reading requirement and the proposed citywide tree ordinance remains under review after debate over nuisance fines and homeowner impacts.

Deputy City Manager James Gaston presented a proposal to establish a tree board and a citywide tree ordinance to help the city qualify for grant programs (for example, Department of Forestry and Tree City USA). Gaston said he already has five volunteers willing to serve and that the board would help the city access grants and coordinate tree care.

Gaston told the council the board would meet at least quarterly, have two-year terms, and be staffed by city personnel. He said public works already performs many tree-maintenance tasks and the ordinance is intended to organize responsibilities and unlock grant funding and an arborist assessment opportunity the city applied for through Virginia Forestry Department (an application cited at approximately $105,000 for an arborist assessment package).

Why it matters: A formal tree board and a Tree City USA designation make the city eligible for state and federal tree grants and can free up public works capacity through outside funding. Several residents testified during the public hearing with mixed responses: volunteers and garden-club members supported the board and tree care, while some homeowners and renters voiced concerns about potential fines and whether the city would assume extra maintenance burden.

Debate and council action: Councilor Holloway and several residents expressed concern that the draft ordinance included misdemeanor penalties and a $500 fine per offense for certain violations; Gaston said warnings would be issued and that the enforcement language could be adjusted. Councilor Holloway asked that penalty language that could penalize homeowners be removed; several speakers urged more clarity and citizen outreach before imposing fines.

Procedural votes and outcomes: Council voted on whether to waive the ordinance’s requirement for two readings; that motion failed on a supermajority threshold, 4–3, so the ordinance cannot be adopted at this meeting. Separately, the council approved a resolution to establish the tree board (motion passed 6–1) and then voted to appoint five initial members (motion passed 7–0). Appointees named by the council were Stephanie Dayberry, Robin Mayarana (spelling in packet), Janet Evans, Betsy Aimee, and Chris Lofstrom.

Next steps: Because council did not waive the two-reading requirement, the ordinance remains on a future agenda for the required readings and further edits. Council directed staff to continue outreach, to remove or revise language that raised concerns about misdemeanor penalties, and to pursue grant opportunities tied to the Tree City USA designation.

Quotes: Deputy City Manager James Gaston said the board would “open us up to more grant funding” and noted that public works currently provides tree maintenance. Councilor Holloway said the penalties in the draft ordinance gave her pause and asked that provisions that could criminalize routine homeowner activity be reconsidered.

The tree board will be established by resolution and populate the initial five volunteers while staff continues ordinance drafting and public outreach. No ordinance was adopted at this meeting.