Item - 2020.EY16.11

Tracking Status

  • City Council adopted this item on July 28, 2020 without amendments.
  • This item was considered by Etobicoke York Community Council on July 14, 2020 and was adopted with amendments. It will be considered by City Council on July 28, 2020.

EY16.11 - Application to Remove Two City-Owned Trees - 191 Kane Avenue

Decision Type:
ACTION
Status:
Adopted
Ward:
5 - York South - Weston

City Council Decision

City Council on July 28 and 29, 2020, adopted the following:

 

1.  City Council grant the request for a permit to remove two City-owned trees located at 191 Kane Avenue, with conditions that the applicant:


a.  provide payment of the appraised value of the trees to be removed ($3,898.00);


b.  remove the trees at the applicant's own expense;


c.  provide 10 replacement trees, which can be achieved through a combination of on-site planting and cash-in-lieu planting; and


d.  provide a tree planting security deposit to cover the cost of removal, replacement and the cost of maintenance for a period of two years for all trees to be planted on City property.

Background Information (Community Council)

(May 14, 2020) Report from the Director, Urban Forestry, Parks, Forestry and Recreation - Application to Remove Two City-Owned Trees - 191 Kane Avenue
https://www.toronto.ca/legdocs/mmis/2020/ey/bgrd/backgroundfile-147567.pdf

Communications (Community Council)

(July 8, 2020) E-mail from Nicole Corrado (EY.New.EY16.11.1)
(June 22, 2020) Letter from Marco Vieira, President/CEO, Epic Designs Inc. (EY.New.EY16.11.2)
https://www.toronto.ca/legdocs/mmis/2020/ey/comm/communicationfile-110948.pdf

Motions (City Council)

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

That City Council delete the Etobicoke York Community Council Recommendation and adopt instead the following recommendation in the report (May 14, 2020) from the Director, Urban Forestry, Parks, Forestry and Recreation:

 

 1. City Council deny the request for a permit to remove two City-owned trees located at 191 Kane Avenue.

Vote (Amend Item) Jul-29-2020

Result: Lost Majority Required - EY16.11 - Perks - motion 1
Total members that voted Yes: 7 Members that voted Yes are Shelley Carroll, Joe Cressy, Mike Layton, Josh Matlow, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Mike Colle, Gary Crawford, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Michael Thompson
Total members that were Absent: 3 Members that were absent are Paula Fletcher, Jaye Robinson, John Tory

Motion to Adopt Item (Carried)

Point of Privilege by Councillor James Pasternak

Councillor Pasternak, on a Point of Privilege, stated it was inappropriate for Councillor Perks to call Members who don't agree with him "foolhardy" and stated that he would like Councillor Perks to apologize.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that Councillor Perks should apologize for his remark.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a point of Privilege, stated that he wished to know if he should apologize for citing science.


Point of Privilege by Councillor James Pasternak

Councillor Pasternak, on a Point of Privilege, stated that Councillor Perks should apologize for calling his colleagues foolish.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that he wished to know whom he called foolish.


Point of Privilege by Councillor James Pasternak

Councillor Pasternak, on a Point of Privilege, stated that Councillor Perks called anyone who would vote against him foolish.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that he had said that if you are foolhardy enough to believe that a newly planted tree confers the same benefit as a mature tree, it does not, and that he wished to know whom that insulted.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and asked the Members to please move on.


Point of Privilege by Councillor James Pasternak

Councillor Pasternak, on a Point of Privilege, stated that he wished to know if Councillor Perks had apologized.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that he had not apologized.


Point of Privilege by Councillor James Pasternak

Councillor Pasternak, on a Point of Privilege, stated that the Speaker had asked Councillor Perks to apologize.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and ruled that Councillor Perks should apologize.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that he wished for the Speaker to point to the section of the procedures By-law that says a Member can't make a conditional statement about a point of view being foolhardy.  Councillor Perks further stated that if he had said a Member of Council was a fool he would be ashamed to have said it and would apologize.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and ruled that Council would move on.

EY16.11 - Application to Remove Two City-Owned Trees - 191 Kane Avenue

Decision Type:
ACTION
Status:
Amended
Ward:
5 - York South - Weston

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.  City Council grant the request for a permit to remove two City-owned trees located at 191 Kane Avenue, with conditions that the applicant:


a.  provide payment of the appraised value of the trees to be removed ($3,898.00)


b.  remove the trees at their own expense


c.  provide 10 replacement trees, which can be achieved through a combination of on-site planting and cash-in-lieu planting


d.  provide a tree planting security deposit to cover the cost of removal, replacement and the cost of maintenance for a period of two years for all trees to be planted on City property.

Origin

(May 14, 2020) Report from the Director, Urban Forestry, Parks, Forestry and Recreation

Summary

This report requests that City Council deny the request for a permit to remove two City-owned trees located at 191 Kane Avenue. The application indicates the reason for removal is to accommodate a new driveway entrance within the City-owned right-of-way resulting from recent Committee of Adjustment approvals to construct a new detached dwelling with an attached garage.

 

The subject trees are one Colorado blue spruce (Picea pungens), measuring 8 cm in diameter and one Norway spruce (Picea abies), measuring 37 cm in diameter. The Tree By-law does not support the removal of these trees as they are healthy and maintainable.

Background Information

(May 14, 2020) Report from the Director, Urban Forestry, Parks, Forestry and Recreation - Application to Remove Two City-Owned Trees - 191 Kane Avenue
https://www.toronto.ca/legdocs/mmis/2020/ey/bgrd/backgroundfile-147567.pdf

Communications

(July 8, 2020) E-mail from Nicole Corrado (EY.New.EY16.11.1)
(June 22, 2020) Letter from Marco Vieira, President/CEO, Epic Designs Inc. (EY.New.EY16.11.2)
https://www.toronto.ca/legdocs/mmis/2020/ey/comm/communicationfile-110948.pdf

Speakers

Marco Vieira, President/CEO, Epic Designs Inc.

Motions

1 - Motion to Amend Item moved by Councillor Frances Nunziata (Carried)

That Etobicoke York Community Council delete the recommendation contained in the report (May 14, 2020) from the Director, Urban Forestry, Parks, Forestry and Recreation, and recommend instead that:

 

1.  City Council grant the request for a permit to remove two City-owned trees located at 191 Kane Avenue, with conditions that the applicant:


a.  provide payment of the appraised value of the trees to be removed ($3,898.00)


b.  remove the trees at their own expense


c.  provide 10 replacement trees, which can be achieved through a combination of on-site planting and cash-in-lieu planting


d.  provide a tree planting security deposit to cover the cost of removal, replacement and the cost of maintenance for a period of two years for all trees to be planted on City property.


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