Item - 2016.EX20.29

Tracking Status

  • City Council adopted this item on December 13, 2016 with amendments.
  • This item was considered by the Executive Committee on December 1, 2016 and adopted without amendment. It will be considered by City Council on December 13, 2016.
  • See also BU26.11

EX20.29 - Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 13, 14 and 15, 2016, adopted the following:

 

1.  City Council approve an additional temporary six positions for a duration of six months from January 2017 to June 2017 for a temporary initiative to address the increase in complaints and permit applications under the Municipal Tree Protection By-Laws with an associated gross expenditure of $0.284 million gross and $0 net, to fully recovered by permit and contravention fees generated under the by-laws for this purpose.

 

2.  City Council adjust the 2017 Interim Operating Budget Estimates for Parks, Forestry and Recreation accordingly by $0.142 million gross and $0 net, to provide sufficient spending authority in advance of the 2017 Budget Process.

 

3.  City Council direct the General Manager, Parks, Forestry and Recreation to report back through the 2017 Second Quarter Operating Variance Report on the progress of this response.

That:

 

4.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, the Chief Building Official and Executive Director, Toronto Building, and the Chief Planner and Executive Director, City Planning, to undertake a review of the Committee of Adjustment consent and minor variance review process as it relates to tree protection and to report to the Planning and Growth Management Committee in the first quarter of 2017 on the results of this review, such review to include:

 

a.  a description of the existing process;

 

b.  potential improvements to the existing process that would enhance the protection of trees, such as but not limited to the requirement for an arborist's report (including protection measures) to be submitted with Committee of Adjustment applications and public notice being given in conjunction with the Committee of Adjustment application where the application involves the proposed destruction or injury of a tree;

 

c.  methods by which tree protection may be dealt with as a matter of applicable law under the Building Code; and

 

d.  a proposed training and education plan for all City staff involved in the tree permit, minor variance and severance application review process.

Background Information (Committee)

(November 16, 2016) Report from the General Manager, Parks, Forestry and Recreation Division on Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98575.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Motion to Reconsider Item moved by Councillor John Filion (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item EX20.29.


1 - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That:

 

1.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, the Chief Building Official and Executive Director, Toronto Building, and the Chief Planner and Executive Director, City Planning, to undertake a review of the Committee of Adjustment consent and minor variance review process as it relates to tree protection and to report to the Planning and Growth Management Committee in the first quarter of 2017 on the results of this review, such review to include:

 

a.  a description of the existing process;

 

b.  potential improvements to the existing process that would enhance the protection of trees, such as but not limited to the requirement for an arborist's report (including protection measures) to be submitted with Committee of Adjustment applications and public notice being given in conjunction with the Committee of Adjustment application where the application involves the proposed destruction or injury of a tree;

 

c.  methods by which tree protection may be dealt with as a matter of applicable law under the Building Code; and

 

d.  a proposed training and education plan for all City staff involved in the tree permit, minor variance and severance application review process.

Vote (Amend Item (Additional)) Dec-15-2016 2:20 PM

Result: Carried Majority Required - EX20.29 - Fletcher - motion 1
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are Michael Ford, Stephen Holyday, Giorgio Mammoliti, Frances Nunziata (Chair)
Total members that were Absent: 9 Members that were absent are Shelley Carroll, Josh Colle, Vincent Crisanti, Janet Davis, Michelle Holland, Mike Layton, Ron Moeser, James Pasternak, Kristyn Wong-Tam

Motion to Adopt Item as Amended (Carried)

29a - Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws

Background Information (Committee)
(November 18, 2016) Letter from the Budget Committee on Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98650.pdf

EX20.29 - Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council approve an additional temporary six positions for a duration of six months from January 2017 to June 2017 for a temporary initiative to address the increase in complaints and permit applications under the Municipal Tree Protection By-Laws with an associated gross expenditure of $0.284 million gross and $0 net, to fully recovered by permit and contravention fees generated under the bylaws for this purpose.

 

2.  City Council approve that the 2017 Interim Operating Budget Estimates for Parks, Forestry and Recreation be adjusted accordingly by $0.142 million gross and $0 net, to provide sufficient spending authority in advance of the 2017 budget process.

 

3.  City Council direct the General Manager, Parks, Forestry and Recreation to report back through the 2017 Second Quarter Operating Variance Report on the progress of this response.

Origin

(November 16, 2016) Report from the General Manager, Parks, Forestry and Recreation

Summary

The purpose of this report is to increase the 2017 Interim Operating Budget Estimates for Parks, Forestry and Recreation to accommodate the cost of adding an additional six temporary positions for six months to address a recent surge of complaints regarding bylaw infractions under the Street Tree and Private Tree By-laws (City of Toronto Municipal Code, Chapter 813, Articles II and III) and Ravine and Natural Feature Protection By-law (City of Toronto Municipal Code, Chapter 658) as well as an increase in permit applications.

 

The cost of this response will be recovered by the permit and contravention fees generated under the bylaws during this period.

Background Information

(November 16, 2016) Report from the General Manager, Parks, Forestry and Recreation Division on Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98575.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Gary Crawford (Carried)

That the recommendations in the letter (November 18, 2016) from the Budget Committee (EX20.29a) be adopted.

29a - Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws

Origin
(November 18, 2016) Letter from the Budget Committee
Summary

The purpose of this report is to increase the 2017 Interim Operating Budget Estimates for Parks, Forestry and Recreation to accommodate the cost of adding an additional six temporary positions for six months to address a recent surge of complaints regarding bylaw infractions under the Street Tree and Private Tree By-laws (City of Toronto Municipal Code, Chapter 813, Articles II and III) and Ravine and Natural Feature Protection By-law (City of Toronto Municipal Code, Chapter 658) as well as an increase in permit applications.

 

The cost of this response will be recovered by the permit and contravention fees generated under the bylaws during this period.

Background Information
(November 18, 2016) Letter from the Budget Committee on Urban Forestry - Increase in Complaints under the Municipal Tree Protection Bylaws
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98650.pdf
Source: Toronto City Clerk at www.toronto.ca/council