Item - 2021.NY25.30
Tracking Status
- City Council adopted this item on July 14, 15 and 16, 2021 with amendments.
- This item was considered by North York Community Council on June 23, 2021 and was adopted with amendments. It will be considered by City Council on July 14, 15 and 16, 2021.
NY25.30 - Application to Remove a Private Tree - 294 Fairlawn Avenue
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 8 - Eglinton - Lawrence
City Council Decision
City Council on July 14, 15 and 16, 2021, adopted the following:
1. City Council grant the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue, conditional upon the applicant providing five replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-167501.pdf
Communications (Community Council)
(June 23, 2021) E-mail from Patrick Rutledge (NY.New)
Motions (City Council)
That City Council delete the North York Community Council Recommendation:
Recommendation to be deleted
1. City Council grant the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue, conditional upon the applicant providing five replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.
and adopt instead the following recommendation in the report (May 27, 2021) from the Acting Director, Urban Forestry, Parks, Forestry and Recreation:
1. City Council deny the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue.
Vote (Adopt Item as Amended) Jul-15-2021 2:20 PM
| Result: Carried | Majority Required - NY25.30 - Carroll - motion 1 - Adopt the Item as amended |
|---|---|
| Total members that voted Yes: 17 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Cynthia Lai, Mike Layton, Josh Matlow, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam |
| Total members that voted No: 8 | Members that voted No are Gary Crawford, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jennifer McKelvie, James Pasternak, John Tory |
| Total members that were Absent: 1 | Members that were absent are Nick Mantas |
Vote (Adopt Item as Amended) Jul-15-2021 2:27 PM
| Result: Carried | Majority Required - NY25.30 - Carroll - motion 1 - Adopt the Item as amended - REVOTE |
|---|---|
| Total members that voted Yes: 15 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, John Filion, Paula Fletcher, Michael Ford, Cynthia Lai, Mike Layton, Josh Matlow, Denzil Minnan-Wong, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson |
| Total members that voted No: 9 | Members that voted No are Mike Colle, Gary Crawford, Mark Grimes, Stephen Holyday, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, John Tory, Kristyn Wong-Tam |
| Total members that were Absent: 2 | Members that were absent are Joe Cressy, Nick Mantas |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1 by Councillor Carroll.
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item NY25.30.
Vote (Reconsider Item) Jul-15-2021 5:19 PM
| Result: Carried | Two-Thirds Required - NY25.30 - Minnan-Wong - Reconsider the Item |
|---|---|
| Total members that voted Yes: 19 | Members that voted Yes are Ana Bailão, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Michael Ford, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that voted No: 3 | Members that voted No are Brad Bradford, Shelley Carroll, Gord Perks |
| Total members that were Absent: 4 | Members that were absent are Paul Ainslie, Paula Fletcher, Mark Grimes, Kristyn Wong-Tam |
That City Council rescind its previous decision on Item NY25.30 and adopt instead the following recommendation of the North York Community Council:
1. City Council grant the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue, conditional upon the applicant providing five replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.
Vote (Amend Item) Jul-16-2021 4:54 PM
| Result: Carried | Majority Required - NY25.30 - Colle - motion 2 |
|---|---|
| Total members that voted Yes: 17 | Members that voted Yes are Ana Bailão, Mike Colle, Gary Crawford, John Filion, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 5 | Members that voted No are Paul Ainslie, Joe Cressy, Mike Layton, Josh Matlow, Gord Perks |
| Total members that were Absent: 4 | Members that were absent are Brad Bradford, Shelley Carroll, Paula Fletcher, Michael Ford |
Deputy Mayor Minnan-Wong, on a Point of Order, stated that he would like to re-open Item NY25.30, as he was on the prevailing side of the vote, on behalf of Councillor Colle.
Councillor Perks, on a Point of Order, stated that the established practice of Council is to allow re-openings to reconsider votes immediately following the vote and that it has never been the practice of Council to re-open items to restart a debate later in the meeting.
Deputy Mayor Minnan-Wong, on a Point of Order, stated that he is allowed to move a motion to reopen an item.
Councillor Carroll, on a Point of Order, stated that she would like the Speaker to rule on what is the correct Council practice and whether the re-opening is for a vote or for a debate.
Councillor Lai, on a Point of Order, stated that she would clarification as to whether a Yes is a vote to uphold the Chair's ruling.
Mayor Tory, on a Point of Order, stated that he would like to know if the Item is reopened, is the vote also reopened or would Council need to revote on the Item.
The City Clerk advised City Council that reopening an Item, reopens the Item for debate and the previous decision of Council on the Item remains in effect unless Council changes its decision.
Councillor Perks, on a Point of Order, stated that he would like clarification on whether the previous decision of Council remains in place or if he would have to move that as a motion.
The City Clerk advised City Council that earlier in the meeting City Council had adopted a motion to deny the tree removal and subsequently adopted a motion to reconsider the item. The City Clerk advised City Council that the Council Procedures state that when Council reconsiders an item the previous decision stands, unless Council does something else. The City Clerk further advised City Council that Councillor Colle's motion proposes to rescind Council's earlier decision and instead approve the tree removal and advised that if the motion carries it's approved, if it does not carry the original carried decision stands.
Rulings (City Council)
Challenged by Councillor Gord Perks
Vote Jul-15-2021 5:18 PM
| Result: Carried | Majority Required - NY25.30 - Uphold the Chair - Perks challenge |
|---|---|
| Total members that voted Yes: 17 | Members that voted Yes are Ana Bailão, Brad Bradford, Mike Colle, Gary Crawford, John Filion, Michael Ford, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, John Tory |
| Total members that voted No: 5 | Members that voted No are Shelley Carroll, Joe Cressy, Nick Mantas, Gord Perks, Michael Thompson |
| Total members that were Absent: 4 | Members that were absent are Paul Ainslie, Paula Fletcher, Mark Grimes, Kristyn Wong-Tam |
NY25.30 - Application to Remove a Private Tree - 294 Fairlawn Avenue
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 8 - Eglinton - Lawrence
Community Council Recommendations
That North York Community Council recommend that:
1. City Council grant the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue, conditional upon the applicant providing five replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.
Origin
Summary
This report requests that City Council deny the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue. The application indicates that the reason for removal is to address concerns that the tree's sap and root system have caused substantial damage to the owner's home and yard, as well as adjacent homes.
The subject tree is a Norway spruce (Picea abies), measuring 76 cm in diameter. The Tree By-laws do not support the removal of this tree as it is healthy and maintainable.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-167501.pdf
Communications
(June 23, 2021) E-mail from Patrick Rutledge (NY.New)
Speakers
Patrick Rutledge
Motions
That North York Community Council recommend that:
1. City Council grant the request for a permit to remove one privately owned tree located at 294 Fairlawn Avenue, conditional upon the applicant providing five replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.