Special General Committee
July 11, 2017
Meeting
Number 14
Finance & Administrative Issues Community Services Issues
Chair: Deputy Mayor Jack
Heath Chair: Councillor Alan Ho
Vice Chair: Councillor Colin Campbell Vice
Chair: Councillor Alex Chiu
Environment
& Sustainability Issues Building,
Parks, & Construction Issues
Chair: Councillor
Valerie Burke Chair: Councillor Colin
Campbell
Vice Chair: Councillor Karen Rea Vice Chair: Regional Councillor Nirmala
Armstrong
Alternate formats are available
upon request.
Attendance
|
Andy
Taylor, Chief Administrative Officer
Jim
Baird, Commissioner of Development Services
Trinela
Cane, Commissioner of Corporate Services
Brenda
Librecz, Commissioner of Community & Fire Services
Catherine
Conrad, City Solicitor and Acting Director of
Human Resources
Kimberley
Kitteringham, City Clerk
Raymond
Law, Manager of Business and Technical Services
David Hunt, Tree Preservation Technician
Christopher
Alexander, Manager of By-Law Enforcement
& Regulatory Services
Jody Parsons, Court Administration Coordinator
Josh Machesney, Legislative Coordinator
Shirley Marsh, Senior Planner, Urban Design
Laura
Gold, Council/Committee Coordinator
|
|
The General Committee meeting convened at the
hour of 9:04 AM with Deputy Mayor Jack Heath in the Chair and Councillor Alan Ho
Chaired Community Services related items.
1. DISCLOSURE OF PECUNIARY
INTEREST
None disclosed.
2. DEPUTATIONS
- CITY OF MARKHAM
TREE PRESERVATION BY-LAW 2008-96 (2.0)
1.
Annette
Reid
Annette Reid spoke about how the City’s Tree
By-Law 2008-96 protects the City’s tree canopy over human health issues, such
as allergies. Ms. Reid has suffered from
allergies from the seedlings from her neighbour’s Corkscrew Willow tree since
it was planted about 15 years ago.
2.
Paul
Andre Larose
Paul Andre Larose spoke in support of building
Markham’s tree canopy, but felt it should be done without imposing too great of
a burden on homeowners. He provided the
following feedback on the proposed amendments to the Tree Preservation By-Law:
·
Should
consider the burden the tree is causing to the homeowner or their neighbours
(e.g. health issues that are caused by the tree, or the impact the tree is
having on the home’s foundation);
·
Should
consider who will pay for the cost of removing a tree that is causing issues to
a homeowner’s neighbour;
·
Should
consider the aesthetic value of a tree;
·
Should
provide guidelines on where to plant trees;
·
Should
identify types of trees that are
permitted and not permitted to be planted;
·
Should
consider the number of trees per lot, considering the lot size (e.g. a new
homeowner should be able to remove trees from their property if it has too many
trees);
·
Should
expand the City’s canopy through education rather than enforcement.
A Committee Member suggested that residents
should require a permit to plant a tree. Catherine Conrad, City Solicitor
suggested that requiring a permit to plant a tree may make it more challenging
to meet the objective of increasing the City’s canopy and recommended against
over regulating.
3.
Andrew
L.B. Gordon
Andrew Gordon asked the City to protect a 176
year old tree that he has been caring for since he purchased his property many
years ago. He suggested placing an
easement on his property and/or he was willing to donate the tree and its
bunker to the municipality.
Councillor Burke thanked Mr. Gordon for caring
for the tree over the years and for supporting Markham’s green infrastructure.
The General Committee asked staff to look at options to protect the tree.
Brenda Librecz, Commissioner of Community &
Fire Services reported that City does not currently have a process for
protecting trees of heritage significance, advising that staff are looking at
creating a program in the future. Staff will look at options to protect the
tree and will report back to the General Committee on the matter.
4.
Evelin
Ellison
Evelin Ellison, spoke on behalf of the Trees
and Residents for Urban Environments Group in favour of the staff
recommendations to strengthen the City’s Tree Preservation By-law. The group
believes that the by-law helps promote a greener community and a healthier
environment.
5.
Christiane Bergauer-Free
Christiane Bergauer-Free suggested that the
proposed amendments to the Tree Preservation By-Law should be stronger to
protect Markham’s tree canopy. The following feedback on the by-law was
provided:
·
Should
include mature hedges;
·
Should
have the same rules for all areas of Markham with respect to tree removal;
·
Should
include the removal of trees in site plans and in-fill housing;
·
Should
increase the cash compensation for trees that cannot be replaced to a fee greater
than $600;
·
Suggested
the caliper method does not consider the true value of the tree being removed.
6.
Peter
Miasek
Note: This deputation was made after the Staff
presentation.
Peter Miasek provided a deputation on behalf of
the Unionville Residents Association (URA). The ratepayers association generally supported
the proposed amendments to the Tree Preservation By-Law, but provided the
following feedback:
·
Questioned
the financial impact of switching from the appraisal method to the caliper
method for the compensation of trees that cannot be replaced and asked staff to
provide a response to the inquiry;
·
Suggested
the cash in lieu rate of $300 and $600 per tree is low and noted that it has
not been changed for many years;
·
Questioned
if the City should suggest which type of trees residents should plant;
·
Suggested
that a sign that a tree permit has been applied for should be posted prior to
the removal of the tree, excluding the emergency removal of a tree;
·
Suggested
that a more assertive word than “encouraging” be used to support building
designs that preserve trees;
·
Suggested
that staff develop penalties for licensed tree companies/arborist that do not
comply with the City’s amended Tree Preservation By-Law if approved by Council.
3. PRESENTATION ON CITY OF MARKHAM
TREE PRESERVATION BY-LAW 2008-96 (2.0)
Presentation
Brenda Librecz, Commissioner of Community &
Fire Services, Shirley Marsh, Senior Planner, Urban Design, and Raymond Law,
Manager of Business and Technical Services, provided a presentation entitled “Tree
Preservation Workshop”.
Discussion
Committee Members provided the following
feedback on the proposed amendments to the Tree Preservation By-Law:
·
Suggested
that more freedoms be added (e.g. providing residents with the right to remove
a tree within 10 feet of their home);
·
Questioned
if older healthy hedges that provide privacy should be permitted to be removed;
·
Questioned
the distance a tree should be permitted to be planted from a fence or building;
·
Questioned
how the by-law could address removing a tree for health related reasons;
·
Suggested
that the public be educated on the types of trees that should be planted, where
trees should be planted, and on the impacts a newly planted tree may have on
their property and their neighbours’ properties in the future;
·
Suggested
that objectives be set with respect to how many trees should be planted per
lot, considering lot size.
Commissioner Librecz reported that the City is
currently providing public education on the planting of new trees.
The General Committee requested that staff
obtain public input on the proposed amendments to the Tree Preservation By-Law
at a Development Services Public Meeting in the fall and by placing a notice requesting
feedback on the City Page in the Markham Economist & Sun.
It was also requested that a second workshop on
the proposed amendments to the Tree Preservation By-Law be held in late
September or early October, 2017 and that the new appeal process for tree removal
decisions, and the compiled public feedback be included as part of the
workshop.
Moved by
Mayor Frank Scarpitti
Seconded by Councillor Alex Chiu
1)
That
the deputations be received; and,
2)
That
the presentation entitled “Tree Preservation Workshop” be received; and,
3)
That
a workshop on the proposed amendments to the Tree Preservation By-Law be held
in late September or early October, 2017.
Carried
4. COMMUNICATIONS
None.
5. ADJOURNMENT
Adjournment
Moved by Regional Councillor Jim Jones
Seconded by Councillor Alan Ho
That the General Committee meeting adjourn at 11:15 AM.
Carried