Ontario Municipal Board Appeal - City-Owned Trees -

159 and 161 Beatrice Street (Trinity-Niagara)

The Toronto Community Council recommends that the City Solicitor be authorized to take all necessary action, including bringing forward a motion before the Ontario Municipal Board, to dismiss the appeal of the decision of City Council at its meeting held on March2,3and4,1999, denying the removal of two city-owned trees at 159-161 Beatrice Street.

The Toronto Community Council submits the following joint communication (undated) from Councillors Pantalone and Silva:

Purpose:

To have the City Solicitor take all necessary actions in support of the City of Toronto Council decision to maintain two city-owned trees in front of 159 and 161 Beatrice Street at the Ontario Municipal Board.

Recommendation:

That the City Solicitor be authorized to take all necessary action, including the bringing forward a motion before the Ontario Municipal Board to dismiss the appeal of the March 2, 3 and 4, 1999, Toronto Council decision denying the removal of two city-owned trees.

Background:

At the March 2, 3 and 4, 1999, Toronto Council meeting, Council adopted a Toronto Community Council recommendation denying a request to remove two city-owned trees in front of 159 and 161 Beatrice Street. The Trees are located on the City of Toronto street allowance. The owners of the property have appealed Council's decision to the Ontario Municipal Board. However, we have been advised by the City of Toronto's Legal Section and Forestry Section that as the trees were planted by the City and are on our road allowance, the private property tree by-laws do not apply. Although such an appeal to the OMB is improper, it could be precedent setting and therefore have citywide negative implications for city-owned trees. Therefore, we would like to instruct the City Solicitor to bring a motion to have the matter dismissed at the Ontario Municipal Board as soon as possible. The City Solicitor is in support of this recommendation.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, Clause 31 of Report No. 4 of the Toronto Community Council, headed "Removal of Two City Owned Trees - 159 and 161 Beatrice Street (Trinity-Niagara)", which was adopted by City Council at its meeting on March 2, 3 and 4, 1999, and a copy thereof is on file in the office of the City Clerk.