Item - 2022.EY30.9

Tracking Status

  • City Council adopted this item on March 9, 2022 with amendments.
  • This item was considered by Etobicoke York Community Council on February 24, 2022 and was adopted with amendments. It will be considered by City Council on March 9, 2022.

EY30.9 - Application to Remove a Private Tree - 171 John Street

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

City Council Decision

City Council on March 9, 2022, adopted the following:

 

1. City Council approve the request for a permit to remove one privately owned tree located at 171 John Street.

 

2. City Council require the applicant to provide five (5) replacement trees.

Background Information (Community Council)

(December 1, 2021) Report and Attachment 1 from the Acting Director, Urban Forestry, Parks, Forestry and Recreation on Application to Remove a Private Tree - 171 John Street
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-175191.pdf

Communications (Community Council)

(January 4, 2022) E-mail from Nicole Corrado (EY.Main)
(February 23, 2022) E-mail from Nicole Corrado (EY.New)

Motions (City Council)

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

That:

 

1. City Council require the applicant to provide five (5) replacement trees.

Vote (Amend Item) Mar-09-2022 11:21 AM

Result: Carried Majority Required - EY30.9 - Perks - motion 1
Total members that voted Yes: 17 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mike Layton, Jennifer McKelvie, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Mike Colle, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak
Total members that were Absent: 1 Members that were absent are Josh Matlow

2 - Motion to Amend Motion moved by Councillor Frances Nunziata (Lost)

That motion 1 by Councillor Perks be amended by deleting "five (5)" and inserting "one (1)" so that it now reads:

 

1. City Council require the applicant to provide one (1) replacement tree.

Vote (Amend Motion) Mar-09-2022 11:19 AM

Result: Lost (tie) Majority Required - EY30.9 - Nunziata - motion 2
Total members that voted Yes: 12 Members that voted Yes are Brad Bradford, Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, John Tory
Total members that voted No: 12 Members that voted No are Paul Ainslie, Ana Bailão, Shelley Carroll, Joe Cressy, Paula Fletcher, Stephen Holyday, Mike Layton, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are John Filion, Josh Matlow

Motion to Adopt Item as Amended (Carried)

Point of Order by Councillor Stephen Holyday

Councillor Holyday, on a Point of Order, stated that looking at the previous convention on directions regarding replacement trees, Councillor Perks' motion just says 5 replacement trees, it doesn't mention a cash equivalent, and he wished to understand if the replacement of 5 trees includes a cash equivalent, or if Council is just directing there must be 5 replacement trees. Councillor Holyday further stated that the convention in placing these motions has not been clear.

Ruling by Councillor Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that she can't answer that question and would proceed with the vote.


Point of Order by Councillor Ana Bailão

Councillor Bailao, on a Point of Order, stated that she wanted to confirm what Council was voting on, and if Council was voting on the recommendations of the Etobicoke York Community Council.

Ruling by Councillor Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council had voted on 2 motions and is now voting on Councillor Perks' motion.


Point of Order by Councillor Gord Perks

Councillor Perks, on a Point of Order, stated that the vote on his motion was completed and Council would now vote on the Item as amended, which is the Community Council recommendation to permit the removal of 1 tree amended to require 5 replacement trees.


Point of Order by Councillor Brad Bradford

Councillor Bradford, on a Point of Order, stated that Council should get clarity from staff on Councillor Holyday's Point of Order regarding the 5 replacement trees and the location of the trees.

Ruling by Councillor Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Item EY30.9 has already been dealt with and that a Member of Council can ask questions of staff on the next tree Item NY30.39.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that the City Clerk would be permitted to address City Council at this time regarding a previous response from City Staff to a Member question. John D. Elvidge, City Clerk addressed City Council and clarified that the only thing Council adopts in an Item are the recommendations. The body of a staff report is explanatory only and it does not constitute City Council's decision. If Council wants to require replacement trees, a Member should place an amending motion accordingly.

EY30.9 - Application to Remove a Private Tree - 171 John Street

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

Community Council Recommendations

The Etobicoke York Community Council recommends that:

 

1. City Council approve the request for a permit to remove one privately owned tree located at 171 John Street.

Origin

(December 1, 2021) Report from the Acting Director, Urban Forestry, Parks, Forestry and Recreation

Summary

This report requests that City Council deny the request for a permit to remove one privately owned tree located at 171 John Street. The application indicates the reason for removal is due to concerns that the tree is destabilized due to the impact of landscaping work near the tree's roots.

           

The subject tree is a Colorado blue spruce tree (Picea pungens), measuring 51.5 cm in diameter. The Tree By-laws do not support the removal of this tree as it is healthy and maintainable.

Background Information

(December 1, 2021) Report and Attachment 1 from the Acting Director, Urban Forestry, Parks, Forestry and Recreation on Application to Remove a Private Tree - 171 John Street
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-175191.pdf

Communications

(January 4, 2022) E-mail from Nicole Corrado (EY.Main)
(February 23, 2022) E-mail from Nicole Corrado (EY.New)

Motions

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

That:

 

1. City Council approve the request for a permit to remove one privately owned tree located at 171 John Street.

Source: Toronto City Clerk at www.toronto.ca/council