Item - 2022.EX32.15

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.