Item - 2022.EX32.15

Tracking Status

  • City Council adopted this item on May 11, 2022 with amendments.
  • This item was considered by Executive Committee on May 4, 2022 and was adopted with amendments. It will be considered by City Council on May 11, 2022.
  • See also By-law 480-2022

EX32.15 - Tree Removal Permit Appeals - Delegation to Community Council

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 11 and 12, 2022, adopted the following:

 

1. City Council delegate to Community Councils the authority to make final decisions on Tree Removal Permit Appeals, by adding "Tree permit appeals" to Chapter 27, Council Procedures, Section 18.4.C. and that Chapter 813, Trees, and Chapter 658, Ravine and Natural Feature Protection, be amended accordingly.

 

2. City Council request the General Manager, Parks, Forestry and Recreation, in consultation with the City Clerk, to report to the Infrastructure and Environment Committee annually on:

 

a. the tree by-law appeal volume and outcomes at Community Councils acting under delegation, along with the rationale for permits awarded by Community Council; and

 

b. the total number of tree removal permits considered by Parks, Forestry and Recreation and with the outcome: granted, refused and appealed to community council.

Public Notice Given

Background Information (Committee)

(March 15, 2022) Letter from Councillor Paul Ainslie, Ward 25, Scarborough-Guildwood on Tree Removal Permit Appeals
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-224587.pdf
(April 27, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-224944.pdf

Background Information (City Council)

(May 10, 2022) Supplementary report from the General Manager, Parks, Forestry and Recreation on Tree Removal Permit Appeals - Delegation to Community Council (EX32.15a)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-225690.pdf

Communications (Committee)

(April 27, 2022) E-mail from Ilana Kotin (EX.New)

Motions (City Council)

1 - Motion to Amend Item (Two-Thirds) moved by Councillor Gord Perks (Lost)

That:

 

1.  City Council delete the Executive Committee Recommendation:

 

Recommendation to be deleted

 

1. City Council delegate to Community Councils the authority to make final decisions on Tree Removal Permit Appeals, by adding "Tree permit appeals" to Chapter 27, Council Procedures, Section 18.4.C. and that Chapter 813, Trees, be amended accordingly.

  

and adopt instead the following new recommendation:

 

1. City Council amend Municipal Code Chapter 813, Trees and Chapter 658, Ravine and Natural Feature Protection as required to delete applicant appeal provisions when a tree permit is refused by the General Manager, Parks, Forestry and Recreation, or designate, to take effect for all permit applications received by the City on or after May 12, 2022 and that the City Solicitor be authorized to submit a bill to amend the necessary chapters of the Municipal Code, including, but not limited to Chapter 27, Council Procedures, Chapter 813, Trees and Chapter 658, Ravines and Natural Feature Protection.

Vote (Amend Item (Two-Thirds)) May-12-2022 2:57 PM

Result: Lost Two-Thirds Required - EX32.15 - Perks - motion 1
Total members that voted Yes: 3 Members that voted Yes are Shelley Carroll, Mike Layton, Gord Perks
Total members that voted No: 19 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Michael Ford, Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

That:

 

1. City Council request the General Manager, Parks, Forestry and Recreation in consultation with the City Clerk, to report to the Infrastructure and Environment Committee annually on:

 

a. the tree by-law appeal volume and outcomes at Community Councils acting under delegation, along with the rationale for permits awarded by Community Council; and

 

b. the total number of tree removal permits considered by Parks, Forestry and Recreation and with the outcome: granted, refused and appealed to community council.

Vote (Amend Item (Additional)) May-12-2022 3:01 PM

Result: Carried Majority Required - EX32.15 - McKelvie - motion 2 - Part a only
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are John Filion, Paula Fletcher, Stephen Holyday, Denzil Minnan-Wong
Total members that were Absent: 1 Members that were absent are Michael Ford

Vote (Amend Item (Additional)) May-12-2022 3:02 PM

Result: Carried Majority Required - EX32.15 - McKelvie - motion 2 - Part b only
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 1 Members that were absent are Michael Ford

3 - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That:

 

1. City Council amend Executive Committee Recommendation 1 by adding the words "and Chapter 658, Ravine and Natural Feature Protection" so that it now reads as follows:

             

1. City Council delegate to Community Councils the authority to make final decisions on Tree Removal Permit Appeals, by adding "Tree permit appeals" to Chapter 27, Council Procedures, Section 18.4.C. and that Chapter 813, Trees, and Chapter 658, Ravine and Natural Feature Protection, be amended accordingly.

Vote (Amend Item) May-12-2022 3:03 PM

Result: Carried Majority Required - EX32.15 - Ainslie - motion 3
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are John Filion, Paula Fletcher, Gord Perks, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Michael Ford

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-12-2022 3:04 PM

Result: Carried Two-Thirds Required - EX32.15 - Adopt the Item as amended
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 5 Members that voted No are John Filion, Paula Fletcher, Mike Layton, Gord Perks, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Michael Ford

Motion to End Debate moved by Councillor Shelley Carroll (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item EX32.15 and take the vote immediately.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, on a Point of Order, stated that Councillor Perks' remarks about handing out favours is highly inappropriate and it implies Councillors' rationale in approach to these matters which is not right.

Ruling by Deputy Speaker Shelley Carroll
Deputy Speaker Carroll accepted the Point of Order and ruled that she would have taken a harsher approach if Councillor Perks had identified a single Member of Council however, Councillor Perks did not identify even a region of Council.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, on a Point of Order, stated that to anyone who listened to the debate, whether or not the Councillor identified a Member or a region, it implies something personal or buddies and speaks to the integrity of Council.  Councillor Holyday further stated that he regrets that Councillor Perks made those remarks and requested that Members of Council be more considerate in making their remarks that speak to the integrity of City Council.

Ruling by Deputy Speaker Shelley Carroll
Deputy Speaker Carroll accepted the Point of Order and ruled that Councillor Holyday's request is a fair request. Deputy Speaker Carroll further ruled that Members should be more careful in their comments, even if no names are mentioned, not to imply that Councillors are 100 percent aware of what causes a particular practice and asked Councillor Perks if this is a guideline that the Councillor could follow in future.

Councillor Perks thanked the Deputy Speaker for the careful treatment of this Point of Privilege and stated that in future, instead of using the phrase "and a favour of" will use "give special treatment to".


Point of Order by Councillor James Pasternak

Councillor Pasternak, on a Point of Order, stated that he echoes the comments of Councillor Holyday. Councillor Pasternak further stated that Councillor Perks' comments disparaged the entire Council as it implies that if a Councillor grants a tree exemption, it is a special favour for our buddies and that is totally false and inappropriate.

Ruling by Deputy Speaker Shelley Carroll
Deputy Speaker Carroll accepted the Point of Order and ruled that she had already ruled and that it is the same Point as Councillor Holyday. Deputy Speaker Carroll further ruled that these are Point of Privilege and not Points of Order and if there are any similar Points of Privilege, they should be different from the one already raised by Councillor Holyday.


Point of Order by Councillor Paula Fletcher

Councillor Fletcher, on a Point of Order, stated that she would like to vote separately on Parts a and b of motion 2 by Councillor McKelvie, as she does not support delegation.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and ruled that Members could vote on Parts a and b separately.


Point of Order by Councillor Paula Fletcher

Councillor Fletcher, on a Point of Order, stated that Part a of motion 2 assumes delegation, and whether the matter is delegated or not, she still wants the annual report requested in Part b.


Point of Order by Councillor Jennifer McKelvie

Councillor McKelvie, on a Point of Order, asked if Council could vote on the delegation to Community Council first before voting on her motion 2.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Order and asked the City Clerk to respond.

John Elvidge, City Clerk advised City Council that it was not possible as the main item is the delegation to Community Council.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that if Members wish to propose amendments to Councillor McKelvie's motion 2, they should place motions when they speak, not continue to suggest friendly amendments during questions of the mover.

EX32.15 - Tree Removal Permit Appeals - Delegation to Community Council

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Executive Committee recommends that:

 

1. City Council delegate to Community Councils the authority to make final decisions on Tree Removal Permit Appeals, by adding "Tree permit appeals" to Chapter 27, Council Procedures, Section 18.4.C. and that Chapter 813, Trees, be amended accordingly.

Decision Advice and Other Information

The Executive Committee:

 

1. Requested the General Manager, Parks, Forestry and Recreation in consultation with the City Clerk, to report directly to City Council at its meeting on May 11 and 12, 2022 on current processes regarding tree removal permit appeals and key considerations related to Community Council delegation.

Origin

(March 15, 2022) Letter from Councillor Paul Ainslie, Ward 24, Scarborough-Guildwood

Summary

Amending Chapter 27, Council Procedures, Section 18.4.C, to include tree permit appeals fall in line with the items delegated to Community Council for final authority on July 16, 2021, including a number of Transportation Services matters like on-street parking, traffic calming, standing, and stopping, road alterations and on-street regulations that do not have an established TTC route, permit appeals for residential front-yard parking permit appeals are among the items delegated to Community Council.  

 

Tree permit appeals would be best addressed at Community Council by local City Council Members.

 

I look forward to your support.

Background Information

(March 15, 2022) Letter from Councillor Paul Ainslie, Ward 25, Scarborough-Guildwood on Tree Removal Permit Appeals
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-224587.pdf
(April 27, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-224944.pdf

Communications

(April 27, 2022) E-mail from Ilana Kotin (EX.New)

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That Executive Committee request the General Manager, Parks, Forestry and Recreation in consultation with the City Clerk, to report directly to City Council at its meeting on May 11 and 12, 2022 on current processes regarding tree removal permit appeals and key considerations related to Community Council delegation.


2 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)
Source: Toronto City Clerk at www.toronto.ca/council