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April 27, 2004 Tree Minutes COUNTY COUNCIL Tuesday, April 27, 2004 The Elgin County Council met this evening at 7:02 p.m., in a special public meeting to discuss the draft amended Tree By-Law, with all members present except Councillor Acre. Warden Rock in the Chair. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- none. The Warden noted that a report was being circulated and requested the Chief Administrative Officer to read and explain the report to the audience which indicates that the new legislation does not require a new Tree By-Law to be passed. The County could amend its present by-law to reflect changes in the legislation. Warden Rock indicated it was unfortunate there had been much time and effort expended on creating a new by-law but it has served to gain good information and ideas coming forward from the public. Councillors asked the audience to consider sitting on a working group and discussed timelines for reporting to County Council. DELEGATIONS Gary Austin - A member of the Woodlot Owner's Association and landowner indicated the old by-law needs to be reviewed and thanked Council for considering his comments. Brent Clutterbuck - A member of the Woodlot Owner's Association noted he appreciated staff's work to find the section in the Municipal Act for continuing the old Tree By-Law and indicated the Association does not agree with a permit or fees as fees are for service and this is not a service. Nick Vandenberghe - A landowner, questioned why the legislation was not researched further before upsetting everyone. Staff indicated we understood from Ministry staff that a new by-law was required. Brian Kington - Representing Southwestern Ontario Loggers Association and Townsend Lumber Inc., indicated a strong by-law which helps sustainability and the health of the forest and, in turn, the forestry industry is welcomed. Fred Pilkey Jr. - A logger, noted that pulling full-sized trees out of a woodlot kills off small trees and undergrowth along the way and protection against this should be added to by- law. As well, skidder operators back their equipment in to pick up 70 ft trees and drive out through the woods knocking bark off and damaging other trees, should also be addressed. Sally Martyn - A landowner, requested that the Christian Farmers Federation be added to the working group. Mrs. Martyn read from prepared text in favour of changes in the new by-law. Mrs. Martyn would like to see some of items in the new by-law put into the old by- law to protect forestry cover. Don Watterworth - A member of the Federation of Agriculture indicated he would be pleased to form part of the working group. Mr. Watterworth read from prepared text and indicated the Federation likes the old by-law, does not like the five day delay before cutting or the posting of signs, are concerned that enforcement may be used by conservation authorities as a revenue source, would like the requirement for leaving trees of 22 in. diameter changed to 16 in. diameter to alleviate dry rot and shading of younger trees, among other items. John Ferguson - A landowner, indicated there should be a trade off and landowners should be paid for the air you breathe because of the environmental significance of trees. County Council Special Meeting 2 April 27, 2004 Councillors requested inclusion of the Christian Federation of Farmers of Ontario and a Professional Forester in the working group, as well as a provision for the committee to report to Council on an ongoing basis on their progress. Warden Rock requested that attendees who represent organizations included in the working group to please send forward a name to the Chief Administrative Officer for inclusion on the committee. Councillors thanked the attendees for forwarding their suggestions and ideas and for coming forward to the meetings that were held in various municipalities. Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT a working group consisting of the Warden and his designate, the County Chief Administrative Officer, the County Tree Commissioner and one member representing the Woodlot Association, one member representing the Ontario Loggers' Association, one member representing the Elgin Federation of Agriculture, one member representing the Christian Farmers' Federation and one Professional Registered Forester be appointed to said working group; and, THAT the mandate of the working group be to: 1) review the various written submissions on the proposed tree by-law amendments and make recommendations to County Council to improve the goals and intent of the current by-law; 2) suggest ways to make the by-law consistent with neighbouring municipalities, to the extent possible 3) clarify definitions and schedules 4) make other "editorial" recommendations as deemed appropriate; and, THAT interim reports be forwarded to Council from time to time; and, further THAT the working group report to County Council by no later than February 2005 with its recommendations on making the current county tree by-law a more user-friendly document. - Carried. Warden Rock thanked the delegations and persons in the audience for attending and for the excellent ideas put forward. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT we do now adjourn at 7:52 p.m. - Carried. Mark G. McDonald, Chief Administrative Officer. David Rock, Warden.