HomeMy WebLinkAboutCSD-05-088 - Regulated Tree Pests & Proposed Tree Pest By-law
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Community Services
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Mayor Carl Zehr and Members of Council
July 4, 2005
Ken Currier, Director of Operations
David Schmitt For. Tech., MES; Urban Forest Technologist
(2891 )
City Wide
June 27, 2005
eSO-OS-OB8
REGULATED TREE PESTS & PROPOSED TREE PEST
BYLAW
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
RECOMMENDATION:
That a tree pest bylaw prepared by staff permitting authorized city staff to enter private
property to Inspect for Injurious tree pests be approved; and further,
That staff report back to the Corporate Management Team and Council on a yearly basis
regarding this Issue, or sooner should a threat to Kltchener's urban forest from an
Injurious tree P8$t be Identified.
BACKGROUND:
This report summarizes the action that staff has taken since the last report (CSD-05-072) was
presented to Community Services Committee. At that time, Council asked that staff address a
number of issues before it consider the above recommendations. Prior to the report presented
to CSC on June 13, 2005, staff presented a report (CSD-04-065) to CSC in 2004 on this issue.
The purpose of the proposed bylaw is to provide staff with another tool which can be used to
protect the public and urban forest from regulated tree pests which have the potential of causing
catastrophic losses and long-term damage. Presently, the City is receiving one to two calls per
week from concerned residents who believe they have found a regulated tree pest on their
property or someone else's property.
REPORT:
Concerns identified by the stakeholder and Council are identified below, along with a description
of the action taken by Staff to address them.
Reoort No: CSD-05-088
Paae 2
1. Concern that the definition of .pest- in the bylaw was too broad.
The original wording of the bylaw used the word .pest" in order to be consistent with the
Federal Plant Protection Act. To address this concern and to clarify the intent of this bylaw
the definition of .pest" has been changed to mean .any insect or disease that, in the opinion
of the Urban Forester, can cause catastrophic loss to the urban forest, and shall specifically
include the insects and diseases as included in Schedule A..
2. Concern that the City would enter private property and that there was no requirement for
not~flcation or permission for the owner I occupant.
The Municipal Act permits authorized staff to enter private property to determine if there is
an infringement of a bylaw occurring. While not legally required to notify or seek the
permission of the owner I occupant it Is st~ndard practice for authorized City staff to notify
and seek permission to enter private property under normal conditions. To clarify this
standard practice staff has developed an accompanying document which describes the
scenarios and processes staff will take to inspect trees on private lands for regulated tree
pests. For example, as standard practice, staff would attempt to notify the owner I occupant"
(door hanger/direct contact) on two occasions over a seven day period. For additional
information see the accompanying document.
3. Concern that the City would find a .pest" on private property and charge the owner I
occupant with a $5,000 fine.
The $5,000 fine is a standard clause and requirement in all similar bylaws under the
Municipal Act. At this time staff has no intention of using this section of the bylaw. Staffs
primary concern is to identify any regulated tree pest as quickly as possible. If a regulated
tree pest is identified in Kitchener, the City's first responsibility is to notify the Canadian
Food Inspection Agency which would then act as the lead agency to determine what action
is to be taken. (For additional information see accompanying document). The only time staff
foresees that this section of the bylaw may be used is if Kitchener finds itself in a situation.
similar to the one the City of Windsor is experiencing where the federal government is not
providing any assistance. Should this occur there would be public discussion prior to the
City taking this action.
4. Council identified the need to have a communications plan with this issue.
Communications has been working with staff on this issue in a number of ways since the
first report was brought to Community Services Committee. A draft Communications plan for
this issue is attached to this report. The focus of the communications strategy is to keep the
public informed about this issue and to ask for their assistance to keep an eye out for these
regulated tree pests and report them so that the issue can be dealt with quickly to minimize
the impact on the public and private urban forest.
5. Council asked that further discussion-with stakeholders occur.
In addition to the one stakeholder that attended the CSC meeting, staff has had discussions
with other stakeholders and concerned community members. Informal and formal
Reoort No: CSD-05-088
Paoe 3
discussions with the following groups and their members have occurred: Waterloo Region
Home Builders, Kitchener-Waterloo Chamber of Commerce, Landscape Ontario - Local
Chapter. Ontario Chapter of International Society of Arborlculture. Ontario Commercial
Arborists, Ontario Parks Association, and the K-W Field Naturalists. Some stakeholders
were not in a position to provide official comment until their Boards meet. A summary of the
discussions that occurred with these stakeholders is provided below.
Discussions with the Waterloo Region Home Builders (June 17th) concerning this bylaw
were supportive. One individual suggested that the bylaw could include controlling the.
movement of firewood into the city. Their primary concern was what happens when a
regulated tree pest is found. One member had a poor experience in another city where the
Federal Government removed recently planted material without any communication or
compensation. Should this situation occur in Kit.chener. the City will encoUrage the CFIA to
develop effective communication and compensation.
After discussions with a number of individuals there was strong consensus that regulated
tree pests are a serious threat. When concern did exist it was .focused primarily on the issue
of entering private property. Other individuals felt that the seriousness of the issue was more
important than concerns over private property.
The President of the Local Chapter of Landscape Ontario identified concerns similar to
those raised by Jeff Thompson. He also felt that some people may hesitate to come forward
if they feel they might be fined. With further discussions, minor changes to the bylaw, and
the development of the information package the Local Chapter of Landscape Ontario now
supports the pro'posed bylaw.
The ability to make changes In the bylaw itself Is limited due to the requirements that the
bylaw must be consistent with the Municipal Act. To address the concerns of a few
stakeholders, .staff has developed an information package which clarifies how the bylaw will
be used, and how staff will carry out inspections for regulated tree pests. It is the opinion of
staff that this information clarifies the intentions of this bylaw. Staff are also of the opinion
. that there has to be a level of trust that the City will follow this protocol and act in a
professional manner when it is necessary to enter private property to inspect for regulated
tree pests. Jeff Thompson, who represented the Greater K-W Chamber of Commerce, and
whose original concerns were identified at the CSC meeting, is now satisfied and he
supports the bylaw.
FINANCIAL IMPLICATIONS:
There are no financial implications at this time. However, there are significant short and long-
term financial implications for the City and the community if a tree pest is identified and there is
the need to initiate an eradication program. The lack of commitment and clarity from the federal
and provincial governments further complicates this issue.
Report No: eSO-OS-08B
Pace 4
COMMUNICATIONS:
A summary of the planned communications strategy prepa'red by the Communications
or this issue is attached to this report.
Keith Baulk, Acting General Manager
Community Services
Informati.on Package Regarding the Proposed Tree Pest Bylaw
Background Information
Clarifi,cation of the Purpose and Intention of the Bylaw
Staff Process and Procedures
Park Planning, Development & Operations
Community Service Department
June 27, 2005
)
~
KITCHENER
Page 2 of8
This document provides additional infonnation on the proposed tree pest bylaw, and identifies how the
City will use the bylaw and how staffwill carry out ~nspections on private property.
Background Information \
Background infonnation concerning this document can be found in:
. Update - New Threats to Kitchener's Urban Forest
Community Services Report (CSD-OS-072)
. New Threats to Kitchener's Urban Forest
Community Services Report (CSD-04-06S)
. Communications Strategy
. Proposed Tree Pest Bylaw and Schedule A
Puroose of Bvlaw:
The purpose of the bylaw is to permit authorized City staff to inspect for regulated tree pests on public
and private lands within the City of Kitchener.
Obiective of Bvlaw:
1. The primary objective of this bylaw is to minimize the lag time between the entry of "a regulated
tree pest within the City and its detection. Early detection is recognized as one of the most
important steps that can be taken to minimize catastrophic tree loss.
2. The bylaw will also permit authorized City staff to work with the Canadian Food Inspection
Agency on private lands should they decide to carry out an assessment of potential hot spots, or at
the time that a regulated tree pest is identified within Kitchener. Recognizing the potential
consequences a regulated tree pest could have on the public and private urban forest - it is the
opinion of staff that it is important that the City be an active player and not rely solely on the
CFIA to carry out such activities.
3. The bylaw also provides the City with another tool which can be used should it find itself in a
situation similar to the City of Windsor where the Federal Government has not taken the lead role,
and has largely left Windsor with the costs and challenges of dealing with a regulated tree pest.
The City of Kitchener recognizes that the Canadian Food Inspection Agency is the regulated authority
under the Federal Plant Protection Act which is responsible for dealing with regulated tree pests. The City
also recognizes that the CFIA does not have adequate resources to carry out proactive monitoring in all
urban areas, and that in some cases the CFIA has not provided the necessary assistance required by some
affected municipalities. Therefore, this bylaw pennits city staff to work proactively and with CFIA staff
to detect and eradicate regulated tree pests, along with providing a tool should the Federal Government
not take action.
Park Planning, Development & Operations, Community Service Department
Page 3 0 f 8
Technical I Legal Requirements of Bylaw
This bylaw has been written to ensure that it is consistent \vith the requirements of the Municipal Act, and
other similar byta\vs \vithin the City of Kitchcner. All bylaws require standard clauses (e.g. Authority to
Enter, Prohibition, and Penalty). The infonnation below provides additional clarification on some of the
clauses of the byla\v which \verc a concern to a fe\v stakeholders.
1. Concern that the definition of "pest" in the bylaw was too broad.
The original \varding of the byla\v used the. \vard "pest" so that it wpuld be consistent with the Federal
Plant Protection Act. To addrcss this concern and to clarify the intcnt of this bylaw the definition of
"pest" has been changed to mean "any insect or disease that, in the opinion of the Urban Forestcr. can
cause catastrophic loss to the urban forest, and shall specifically include the insects and diseases as
included in Schedule A."
2. Concern that the City would enter private property and that there was no requirement for notification
or permission for the owner / occupant.
The Municipal Act permits authorized staff to enter private property to determine if there is an
infringement of a bylaw occurring. While not legally required to notify or seek the permission of the
owner / occupant it is standard practice for authorized City staff to noti fy and seek permission to enter
private property under normal conditions. To clarify thc process staff have developed and described
. the various scenarios when staff may enter private property and the process. they would use. For
exampie as standard practice staff would attempt to notify the owner / occupant (door hanger/direct
contact) on two occasions over a seven day period. (For more information see pages 5 to 8).
3. Concern that the City \vould find a "pest" on private property and charge the owner / occupant with a
$5,000 fine. '
The $5,000 fine is a standard clause and requirement in all similar bylaws under the Municipal Act. -At
this point staff has no intention of using this section of the bylaw. Staffs primary concern at this time
is to identify any regulated tree pest as quickly as possible. If a regulated tree pest is identified in
Kitchener the first responsibility the City has is to notify the Canadian Food Inspection Agency which
would then act as the lead agency to detennine what action is to be taken. The only time staff foresees
that this section of the byla\v may be used is if Kitchener finds itself in a situation similar to the one
the City of Windsor is experiencing \vhere the federal government is not providing any assistance to
the City. If the City was to lay a charge, the individual charged can chose to plead guilty or dispute
the charge, when the charge is contested a Justice of the Peace decides if the individual is guilty and
sets the fine. "Rarely is the. fine set at the maximum amount.
Stafr Process and Procedure
The Urban Forester is responsible for the overall monitoring of regulated tree pests in the City of
Kitchener, and will act as the City.s lead regardingthis issue'and in maintaining contact with the
Canadian Food In.spection Agency.
Park Planning, Development & Operations, Community Service Department
Page 4 of8
Authorized StafT:
At this time authorized staff will be limited to the following city staff: Urban .Forest Technologist,
Supervisor Tree Services, Forester Specialist (1), and Municipal Law Enforcement Officers.
At the time that: 1) the Canadian Food Inspection Agency or the City of Kitchener decides to carry 'out an
inspection for regulated tree pests on public and/or private lands, or 2) when a regulated tree pest is
identified in the City of Kitchener or an adjacent municipality - the Manager of Park Planning,
Development and Operations may designate other city staff.
Process
To provide .further clarification of how staff will investigate calls regarding potential regulated tree pests,
and the various ways the bylaw could be used for authorized staff to enter private property a number of
flowcharts (#1, #2, #3) have been developed. In the processes initiated by the City, reasonable efforts will
be taken to notify owners prior to authorized staff entering the property.
Flowchart # 1: External / internal request to investigate for a potential tree pest on public or
private land
Flowchart #2: City of Kitchener initiates field surveys for regulated tree pests due to identified
areas of high concern.
1-
Flowchart #3: Canadian Food Inspection Agency initiatestield surveys within Kitchener due
to: 1) identified areas of high concern, or 2) positive identification of regulated tree pest.
Infonnation regarding what would happen if a regulated tree pest was found within the City is presented
in Flowchart #4. Since this is not a process controlled by the City it is an interpretation of what would
happen.
Park Planning. Development & Operations. Community Service Department
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