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HomeMy WebLinkAboutWD-75-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of June 9, 1981. Item: WD-75-81. Date: May 26, 1981. Subject: Establishment of Policy in respect of the Unauthorized Removal of Trees from Town- owned Property. Recommendation: THAT the policy recommended by the Solicitor, .in respect of the unauthorized removal of trees from Town-owned property, be formally established by by-law. Report: For some considerable time, it has been a matter of great concern that trees are being taken from Town-owned property (usually road allowances) without authorization. In the past fifteen months, two specific incidents have resulted in the loss of trees with an estimated value of over $14,000. 00 (Fourteen Thousand Dollars) and the problem of theft is ever increasing, particularly as the costs of firewood rise. On June 16, 1980, Council passed Resolution # C-80-570, as follows: "THAT, in the event o4 the Zo6z, m theft, o4 tnees, 4tcom pnopekty owned by the Town o4 Newcutte, the authotr i.zation ,ins heneb y given that the Town So.e i c iton may take any action deemed necrosatcy to compensate the Town 4otc 6uch .tozz on theft". The foregoing was as a result of the removal of six very large (and healthy) trees and in practical recognition of the need for guide- lines with which to meet similar situations. It would be of considerable benefit to the Town to have a formally established By-Law and Policy in place, and the Solicitor's recommendations in this direction (as detailed in the letter of May 20, 1981) give clear guidelines and procedures for same; it is felt that this is a necessary step towards the preservation and protection of Town property. vh �;ir,,i4 Brady & Metnerney SIM'<'Zic. M.C. WINERNEY BARRISTERS & SOLICITORS J.F. BRADY May 20 , 1981 RECEIVED Mr. Jack Dunham, Director of Public Works , Corporation of the Town of Newcastle , MAY 25 Municipal Buildings, Hampton, Ontario. WCI"­� DEPT. TOWN OF NEWCASTLE Dear Mr. Dunham: Re : Policy for unauthorized removal of trees from Town property I am submitting herewith a policy with respect to the unauthorized removal of -trees from Town owned property. RECOMMENDATIONS 1 • No trees shall be removed from Town owned properties except by Town employees in the course of -their employment with- out written approval of the Director or Deputy Director of Public Works . 2 • Criminal charges for theft under the Criminal Code of Canada should be laid against, any person apprehended removing trees from Town owned property without written authorization from the Director or Deputy Director. of Public Works . 3 . The Town shall commence civil proceedings for the recovery of the value of any trees removed without the authorization in writing of the Director or Deputy Director of Public Works. 4 • The Town publicize the aforementioned policy by the issuance of a public state- ment to newspapers having general circul- ation in the Town. ONTARIO LIN 4ZI BOX: 358"TELEPHONE: 668•7704 -IV_ b-) � 2 BACKGROUND In the recent past there have been a number of incidents where growing trees have been cut down for fire wood from Town owned property. The Town of Newcastle is the largest area municipality in the Region of Durham ,and, accordingly, is more exposed than other municipalities to have trees removed from its road allowances and other municipally owned lands. Moreover, as the popularity of heating by fire places and wood burning .furnaces increase and the price of cut wood rises, there is the increased likelihood of trees being removed from Town owned lands. A fully grown tree is irreplaceable and monetary compensation therefor is not truely adequate for the loss. RECOMMENDATIONS The Management Committee of Staff have unanimously supported the foregoing recommendations. If you have any questions please do not hesitate to contact me. Your S t ulY, David J. D. Sims, Q. C . DJDS :mrs I I r i i II I i I