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Board asks staff to revise MOU with Branson Community Gardens to clarify property and tree‑planning roles

July 09, 2026 | Charles Town, Jefferson County, West Virginia


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Board asks staff to revise MOU with Branson Community Gardens to clarify property and tree‑planning roles
The board reviewed a revised memorandum of understanding with Branson Community Gardens and directed staff to refine several provisions before returning the document for final approval.

Committee member (speaker 3) flagged wording and appendix references (for example, suggesting “Everett’s Run Corridor as defined in the appendix” rather than a colloquial name), and raised concerns about a proposed tree‑planning clause that could overlap with the city tree board’s responsibilities. The member suggested either striking standalone tree‑plan language or explicitly requiring coordination with the city tree board for any tree removal or planting.

Members also queried whether the parcels referenced are technically board‑owned or managed city parkland and recommended that the MOU specify ownership and clarify that the city of Charlestown and the Parks and Recreation Board be included in indemnification and hold‑harmless language. Committee members asked staff to check deeds and consult legal counsel before finalizing language.

A motion was made and seconded to have staff continue revisions and check with city legal counsel; the board then voted to send a new draft back to the board for final approval at a future meeting.

Next steps: staff will confirm property ownership/deeds, revise MOU language to avoid overlapping work with the city tree board, ensure liability/indemnification references include the proper entities, and return the revised draft at the next meeting.

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