|The Lord Mayor is to call the Special Council Meeting to order at 5:00 p.m. to deal specifically with an Tree By-law Appeal Hearing for 30 Colonel Butler Drive.|
The Clerk will advise that notice was given on May 3, 2019 to all interested parties.
CONFLICT OF INTEREST:
Council members declare their conflicts of interest.
TREE BY-LAW APPEAL
30 Colonel Butler Drive
The following information is being provided to Council Members as per the Town's Tree By-law Appeal procedure.
1. A copy of the Notice of Appeal
2. The complete record before the hearing of the Inspector
3. A copy of the Notice of Appeal Hearing
WITNESSES TO BE HEARD IN THE FOLLOWING ORDER:
All individuals giving evidence before Council on the appeal hearing shall testify under an oath or solemn affirmation.
1. Town staff, and/or any other witness(es) retained by the Town, shall give evidence as to the position of the Town concerning the tree appeal, upon completion, those individuals who gave evidence on behalf of the Town shall be subject to questioning by Council and the Appellant.
2. Any Interested Parties against the tree appeal shall present evidence, and upon completion shall be subject to questioning by Council and the Appellant.
3. Any Interested Parties in favour of the tree appeal shall present evidence, and upon completion shall be subject to questioning by Council and the Appellant.
4. The Appellant shall present their evidence, and may call witness(es) in support of their position, and upon completed those who spoke shall be subject to questioning by Council
PROCESS FOR THE HEARING:
All questions of Council shall be directed through the Chair, unless the Chair orders otherwise. The Chair shall be the individual acting as the Chair pursuant to the Town's Procedure By-law No. 5125-19.
Upon considering the appeal, Council may recommend that the Inspector refuse the Permit, issue the Permit, or issue the Permit upon such conditions as Council considers appropriate.
An appeal to Council operates as a stay of any pending prosecution under the Tree By-law relating to the property at issue until Council has made its decision respecting the appeal.
Upon hearing of all evidence, the Chair shall ask for a motion(s) for the appeal.
The motion(s) required with respect to the decision under appeal shall be seconded and shall be read by the Town Clerk before debate and shall be read again by the Clerk before being voted on.
Once seconded, the motion(s) may be debated by Council. In situations where more than one decision is under appeal, each appeal shall be debated separately and voted on, separately.
Once each member of Council has had an opportunity to state their position on the appeal before it, the Chair shall call for a vote.
Council may adjourn the appeal hearing.
Council may make any decision that the Inspector could have made pursuant to By-law No. 5139-19.
The decision of Council is final and not subject to review including review by any Court.
Any authority or permission granted by Council may be for such time and subject o such terms and conditions as Council considers advisable and as are set out in the decision.
The Clerk's Department shall not later than ten (10) days from the making of the decision by Council send one (1) copy of the decision to:
(a) the Appellant
(b) Interested Parties who gave evidence at the hearing; and
(c) the Municipal Law Enforcement Officer of the Town.