Item - 2016.EX13.1

Tracking Status

  • City Council adopted this item on March 31, 2016 with amendments.
  • This item was considered by Executive Committee on March 9, 2016 and was adopted with amendments. It will be considered by City Council on March 31, 2016.
  • See also By-law 294-2017

EX13.1 - Follow-Up Report on a Local Appeal Body (LAB) for Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on March 31 and April 1, 2016, adopted the following:

 

1.  City Council adopt the Local Appeal Body Governance Structure in Attachment 1 to the report (February 24, 2016) from the City Manager as amended by Part 9 below.

 

2.  City Council direct that a separate Toronto Municipal Code Chapter be established for the Local Appeal Body substantially as provided for in Attachment 2 to the report (February 24, 2016) from the City Manager and authorize the City Solicitor to bring forward a By-law implementing the Local Appeal Body once the following activities have been completed to the satisfaction of the City Manager, in consultation with the City Solicitor:

 

a.  the Local Appeal Body Members including a Chair have been appointed by City Council;

 

b.  appropriate space has been secured, equipped and furnished, to accommodate the Local Appeal Body;

 

c.  orientation and training of Members and staff has been completed; and

 

d.  a draft Procedural By-law and draft policies, practices and procedures have been prepared for the Local Appeal Body's consideration.

 

3.  City Council approve a $300 appeal fee per appellant per hearing, to appeal a minor variance and/or consent decision of the Committee of Adjustment to the Local Appeal Body, and the City Solicitor be authorized to amend Toronto Municipal Code, Chapter 441, Fees and Charges concurrently with a By-law implementing the Local Appeal Body.

  

4.  City Council approve a lease between the City of Toronto (as Tenant) and the Toronto Public Library Board (as Landlord) for premises at 40 Orchard View Boulevard, for use by the Local Appeal Body, substantially on the terms and conditions as set out in Attachment 3 to the report (February 24, 2016) from the City Manager, and on such other additional or revised terms and conditions as may be mutually agreeable to the Chief Corporate Officer and the City Librarian, in a form acceptable to the City Solicitor, with the Chief Corporate Officer administering and managing the lease on behalf of the City, including the provisions of any consents, approvals, waivers and notices, including notice of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matter to City Council for its determination and direction, and the lease be subject to Toronto Public Library Board approval.

 

5.  City Council authorize the Court Services Division to provide administrative support to the Local Appeal Body and coordinate its implementation.

 

6.  City Council approve the transfer of the 2016 Operating Budget from the Non Program Account for the implementation of the Local Appeal Body of $1.536 million gross and $1.479 million net to the Court Services Operating Budget, as well as an increase in the Court Services approved staff complement by 6 permanent positions, increasing the complement from 282 to 288 positions.

 

7.  City Council approve the creation of a capital project entitled Local Appeal Body Facility Renovations with a total project cost of $1.577 million as part of the Court Services Capital Program with annual cash flows of $1.0 million in 2016 and $0.577 million in 2017; funded from a contribution to capital of $0.391 million and a contribution of $1.186 million from the Capital Financing Reserve.

 

8.  City Council authorize the City Manager, in consultation with the City Solicitor and the Director, Court Services, to prepare the necessary draft policies, practices and procedures to enable Local Appeal Body hearings for consideration by the Local Appeal Body prior to the commencement of its first hearing.

 

9.  City Council establish a Local Appeal Body Nominating Panel, composed of three citizen members appointed by City Council on recommendation of the City Clerk, to short-list, interview and recommend candidates directly to City Council for appointment to the Local Appeal Body.

 

10.  City Council approve a one-year Mediation Pilot Project on a City-wide basis with respect to minor variance and consent applications and request the City Manager, in consultation with the Director, Court Services, to report to the Executive Committee one year after the implementation of the Mediation Pilot Project with an evaluation.

 

11.  City Council approve the transfer from the Non Program Account of the 2016 Operating Budget for the Mediation Pilot Project of $200,000 gross and net to Court Services Operating Budget.

 

12.  City Council request the Integrity Commissioner to report to City Council, prior to the appointment of the members of the Local Appeal Body on how City Council Members should conduct themselves in relation to the Local Appeal Body.

Public Notice Given

Background Information (Committee)

(February 24, 2016) Report and Attachments 1 to 5 from the City Manager on Follow-Up Report on a Local Appeal Body (LAB) for Toronto
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90722.pdf
(March 2, 2016) Notice of Public Meeting - Proposed Local Appeal Body (LAB) Fee
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90764.pdf
(March 9, 2016) Presentation from the City Manager on Establishing a Local Appeal Body for Toronto
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90913.pdf

Background Information (City Council)

Attachment 1 as amended by City Council on March 31 and April 1, 2016
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-91885.pdf

Communications (Committee)

(March 8, 2016) Letter from Allan Kivi, Chair, Residential Neighbourhoods Working Group-South Eglinton Ratepayers' and Residents' Association (EX.Supp.EX13.1.1)
https://www.toronto.ca/legdocs/mmis/2016/ex/comm/communicationfile-59377.pdf
(March 8, 2016) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Association (FoNTRA) (EX.New.EX13.1.2)
https://www.toronto.ca/legdocs/mmis/2016/ex/comm/communicationfile-59400.pdf
(March 9, 2016) Letter from Timothy Dobson, Chairman, Lakeshore Planning Council Corp. (EX.New.EX13.1.3)
https://www.toronto.ca/legdocs/mmis/2016/ex/comm/communicationfile-59401.pdf

Communications (City Council)

(March 22, 2016) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (FoNTRA) (CC.Supp.EX13.1.4)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59609.pdf
(March 28, 2016) Letter from Arlena Hebert, President, Lytton Park Residents' Organization Inc. (CC.Supp.EX13.1.5)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59661.pdf
(March 28, 2016) Letter from Sheila Dunlop, Secretary, South Armour Heights Residents' Association (SAHRA) (CC.Supp.EX13.1.6)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59663.pdf
(March 30, 2016) E-mail from Janet C. Griffin, Director, Development, Lawrence Park RatePayers Association (CC.Supp.EX13.1.7)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59684.pdf
(March 30, 2016) Letter from Eileen Denny, Chair, Confederation of Resident and Ratepayer Associations in Toronto (CC.New.EX13.1.8)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59689.pdf
(March 31, 2016) Letter from Toon Dreessen, Architect, President, Ontario Association of Architects (CC.New.EX13.1.9)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59693.pdf
(April 1, 2016) E-mail from Timothy Dobson, Chair, Lakeshore Planning Council Corp. (CC.New.EX13.1.10)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-59716.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor John Filion (Carried)

That City Council amend Executive Committee Recommendation 9 by deleting the words "Civic Appointments Committee" and inserting the words "City Clerk" so that the recommendation now reads as follows:

 

"9. City Council establish a Local Appeal Body Nominating Panel, composed of three citizen members appointed by City Council on recommendation of the City Clerk, to short-list, interview and recommend candidates directly to City Council for appointment to the Local Appeal Body."

Vote (Amend Item) Mar-31-2016 9:48 PM

Result: Carried Majority Required - EX13.1 - Filion - motion 1
Total members that voted Yes: 37 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Paul Ainslie, Frank Di Giorgio, James Pasternak
Total members that were Absent: 4 Members that were absent are Gary Crawford, Justin J. Di Ciano, Giorgio Mammoliti, Ron Moeser

2 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

That City Council request the Integrity Commissioner to report to City Council, prior to the appointment of the members of the Local Appeal Body on how City Council Members should conduct themselves in relation to the Local Appeal Body.

Vote (Amend Item (Additional)) Mar-31-2016 9:50 PM

Result: Carried Majority Required - EX13.1 - Perks - motion 2
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Gary Crawford, Justin J. Di Ciano, Giorgio Mammoliti, Ron Moeser

3 - Motion to Refer Item moved by Councillor Stephen Holyday (Lost)

That City Council refer the report back to the City Manager until such time that the Province grants authority to the City under the City of Toronto Act to dissolve the Local Appeal Body.

Vote (Refer Item) Mar-31-2016 9:10 PM

Result: Lost Majority Required - EX13.1 - Holyday - motion 3 - Refer the item
Total members that voted Yes: 5 Members that voted Yes are Maria Augimeri, John Campbell, Frank Di Giorgio, Stephen Holyday, Denzil Minnan-Wong
Total members that voted No: 30 Members that voted No are Paul Ainslie, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 9 Members that were absent are Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Michelle Holland, Mike Layton, Giorgio Mammoliti, Ron Moeser

4 - Motion to Amend Item moved by Councillor Jon Burnside (Carried)

That City Council amend Executive Committee Recommendation 3 by deleting the amount "$500" and inserting the amount "$300" so that it now reads as follows:

 

3.  City Council approve a $300 appeal fee per appellant per hearing, to appeal a minor variance and/or consent decision of the Committee of Adjustment to the Local Appeal Body, and the City Solicitor be authorized to amend Toronto Municipal Code, Chapter 441, Fees and Charges concurrently with a By-law implementing the Local Appeal Body.

Vote (Amend Item) Mar-31-2016 9:51 PM

Result: Carried Majority Required - EX13.1 - Burnside - motion 4
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Paula Fletcher, Mary Fragedakis, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson
Total members that voted No: 18 Members that voted No are John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Sarah Doucette, John Filion, Mark Grimes, Michelle Holland, Stephen Holyday, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, James Pasternak, David Shiner, John Tory, Kristyn Wong-Tam
Total members that were Absent: 3 Members that were absent are Justin J. Di Ciano, Giorgio Mammoliti, Ron Moeser

5 - Motion to Amend Item (Additional) moved by Deputy Mayor Denzil Minnan-Wong (Lost)

That City Council request the City Solicitor to report to the Planning and Growth Management Committee on criteria for the giving of instructions by City Council to the City Solicitor to attend appeals before the Local Appeal Board.

Vote (Amend Item (Additional)) Mar-31-2016 9:52 PM

Result: Lost Majority Required - EX13.1 - Minnan-Wong - motion 5
Total members that voted Yes: 19 Members that voted Yes are Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Joe Cressy, Janet Davis, Justin J. Di Ciano, Michelle Holland, Stephen Holyday, Norman Kelly, Chin Lee, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, David Shiner, John Tory
Total members that voted No: 22 Members that voted No are Paul Ainslie, Jon Burnside, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 3 Members that were absent are Jim Karygiannis, Giorgio Mammoliti, Ron Moeser

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-31-2016 9:54 PM

Result: Carried Majority Required - EX13.1 - Adopt the item as amended
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Maria Augimeri, John Campbell, Frank Di Giorgio, Stephen Holyday, Denzil Minnan-Wong
Total members that were Absent: 2 Members that were absent are Giorgio Mammoliti, Ron Moeser

Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that Councillor Holyday's questions were not related to clarification of the motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Holyday should only ask questions to clarify the motion


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that he could not believe that motion 4 by Councillor Burnside required clarification by Members of Council.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Members of Council can ask question to clarify the motion as that is their right.


Point of Order by Councillor John Campbell

Councillor Campbell, rising on a Point of Order, stated that he wished to vote on the Committee recommendations separately.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the vote on the Committee Recommendations could not be split.

EX13.1 - Follow-Up Report on a Local Appeal Body (LAB) for Toronto

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council adopt the Local Appeal Body Governance Structure in Attachment 1 to the report (February 24, 2016) from the City Manager.

 

2.  City Council direct that a separate Toronto Municipal Code Chapter be established for the Local Appeal Body substantially as provided for in Attachment 2 to the report (February 24, 2016) from the City Manager and authorize the City Solicitor to bring forward a By-law implementing the Local Appeal Body once the following activities have been completed to the satisfaction of the City Manager, in consultation with the City Solicitor:

 

a.  the Local Appeal Body Members including a Chair have been appointed by City Council;

 

b.  appropriate space has been secured, equipped and furnished, to accommodate the Local Appeal Body;

 

c.  orientation and training of Members and staff has been completed; and

 

d.  a draft Procedural By-law and draft policies, practices and procedures have been prepared for the Local Appeal Body's consideration.

 

3.  City Council approve a $500 appeal fee per appellant per hearing, to appeal a minor variance and/or consent decision of the Committee of Adjustment to the Local Appeal Body, and the City Solicitor be authorized to amend Toronto Municipal Code, Chapter 441, Fees and Charges concurrently with a By-law implementing the Local Appeal Body.

  

4.  City Council approve a Lease between the City of Toronto (as Tenant) and the Toronto Public Library Board (as Landlord) for premises at 40 Orchard View Boulevard, for use by the Local Appeal Body, substantially on the terms and conditions as set out in Attachment 3 to the report (February 24, 2016) from the City Manager, and on such other additional or revised terms and conditions as may be mutually agreeable to the Chief Corporate Officer and the City Librarian, in a form acceptable to the City Solicitor, with the Chief Corporate Officer administering and managing the Lease on behalf of the City, including the provisions of any consents, approvals, waivers and notices, including notice of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matter to City Council for its determination and direction, and the Lease be subject to Toronto Public Library Board approval.

 

5.  City Council authorize the Court Services Division to provide administrative support to the Local Appeal Body and coordinate its implementation.

 

6.  City Council approve the transfer of the 2016 Operating Budget from the Non Program Account for the implementation of the Local Appeal Body of $1.536 million gross and $1.479 million net to the Court Services Operating Budget, as well as an increase in the Court Services approved staff complement by 6 permanent positions, increasing the complement from 282 to 288 positions.

 

7.  City Council approve the creation of a capital project entitled Local Appeal Body Facility Renovations with a total project cost of $1.577 million as part of the Court Services Capital Program with annual cash flows of $1.0 million in 2016 and $0.577 million in 2017; funded from a contribution to capital of $0.391 million and a contribution of $1.186 million from the Capital Financing Reserve.

 

8.  City Council authorize the City Manager, in consultation with the City Solicitor and the Director, Court Services, to prepare the necessary draft policies, practices and procedures to enable Local Appeal Body hearings for consideration by the Local Appeal Body prior to the commencement of its first hearing.

 

9.  City Council establish a Local Appeal Body Nominating Panel, composed of three citizen members appointed by City Council on recommendation of the Civic Appointment Committee, to short-list, interview and recommend candidates directly to City Council for appointment to the Local Appeal Body.

 

10.  City Council approve a one-year Mediation Pilot Project on a City-wide basis with respect to minor variance and consent applications and request the City Manager, in consultation with the Director of Court Services, to report to the Executive Committee one year after the implementation of the Mediation Pilot Project with an evaluation.

 

11.  City Council approve the transfer from the Non Program Account of the 2016 Operating Budget for the Mediation Pilot Project of $200,000 gross and net to Court Services Operating Budget.

Decision Advice and Other Information

The Executive Director, Strategic and Corporate Policy; the Director, Strategic Initiatives, Policy and Analysis, City Planning; the Director, Corporate Policy, Strategic and Corporate Policy; and the Director, Planning and Administrative Tribunal Law gave a presentation on Establishing a Local Appeal Body for Toronto.

Origin

(February 24, 2016) Report from the City Manager

Summary

At its meeting of June 30, 2015, Executive Committee considered a report from the City Manager, Implementation of a Local Appeal Body (LAB) for Toronto.  The Committee referred the report to the City Manager to report further on a number of additional matters including a review and consultation on establishing a mediation program related to Committee of Adjustment decisions prior to an appeal being heard by the appeal authority as well as an update on related legislative initiatives.  This report responds to Executive Committee's request.

 

Mediation Program

 

City staff undertook research and consultation with key stakeholders related to a mediation program for land use planning disputes related to minor variance and consent applications.  While research shows limited experience with using mediation for land use planning disputes, in general, mediation has been demonstrated to be an effective tool for resolving disputes between parties outside of the formal legal or adjudicative process.

 

Given the general benefits of mediation as a means of resolving disputes, a pilot program to test the impact of mediation with respect to appeals of Committee of Adjustment decisions is recommended.

 

Update on Legislative Initiatives

 

The Province of Ontario recently approved amendments to the Development Charges Act and the Planning Act through Bill 73: Smart Growth for Our Communities Act, 2015, including changes intended to improve the decision-making and effectiveness of Committees of Adjustment.  The Province has not yet announced an in-force date for these changes.

 

City Council requested a range of legislative amendments to the City of Toronto Act, 2006 that will impact the Local Appeal Body including authority for the City to dissolve or change a Local Appeal Body and recover the costs of a Local Appeal Body through the application planning process.  It is anticipated that legislative amendments to the City of Toronto Act (COTA) will be introduced in spring 2016.  It is unknown whether the Province will make the changes requested by City Council. 

 

Implementing a Local Appeal Body for Toronto

 

City Council at its June 2014 meeting, approved the establishment of a Local Appeal Body for Toronto to adjudicate Toronto-based appeals of Committee of Adjustment decisions pursuant to section 45 of the Planning Act (related to minor variances) and section 53 of the Planning Act (related to consents). The Ontario Municipal Board (OMB) would remain responsible for conducting hearings on appeals related to Official Plan and Zoning By-law amendments, site plan applications and decisions related to subdivisions.  If there are related appeals with the Ontario Municipal Board and the Local Appeal Body, the Ontario Municipal Board rather than the Local Appeal Body has jurisdiction to hear all matters.

 

As instructed by City Council, this report recommends the governance structure, administrative structure, office space requirements, as well as an appeal fee, needed to move forward with the implementation of Local Appeal Body.  The governance and associated implementation details are substantively the same as provided in the report to Executive Committee in June 2015 with the exception of the appeal fee.  City staff reviewed the appeal fee and recommend an appeal fee of $500 rather than $1000 to ensure reasonable access to persons seeking adjudication.

 

The implementation of the Local Appeal Body requires one-time operating costs ($0.561 million in start-up costs to equip and fit-out office space), $1.689 million gross and $1.517 million net in ongoing annual operating costs to operate the Local Appeal Body, as well as $1.577 million in capital costs for the construction of the office space and hearing rooms. 

 

In addition to the above costs, an additional $0.050 million will be required for a Mediation Pilot Project in the North York District that will address disputes on minor variance and consent applications.

 

Upon adoption of this report, implementation will commence including:

 

-  recruiting and appointing members and a chair to the Local Appeal Body;

-  securing and readying space for the Local Appeal Body to operate;

-  drafting required by-laws and policies for the Local Appeal Body's consideration; and

-  training and orientation of administrative staff and Local Appeal Body members.

Background Information

(February 24, 2016) Report and Attachments 1 to 5 from the City Manager on Follow-Up Report on a Local Appeal Body (LAB) for Toronto
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90722.pdf
(March 2, 2016) Notice of Public Meeting - Proposed Local Appeal Body (LAB) Fee
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90764.pdf
(March 9, 2016) Presentation from the City Manager on Establishing a Local Appeal Body for Toronto
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-90913.pdf

Communications

(March 8, 2016) Letter from Allan Kivi, Chair, Residential Neighbourhoods Working Group-South Eglinton Ratepayers' and Residents' Association (EX.Supp.EX13.1.1)
https://www.toronto.ca/legdocs/mmis/2016/ex/comm/communicationfile-59377.pdf
(March 8, 2016) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Association (FoNTRA) (EX.New.EX13.1.2)
https://www.toronto.ca/legdocs/mmis/2016/ex/comm/communicationfile-59400.pdf
(March 9, 2016) Letter from Timothy Dobson, Chairman, Lakeshore Planning Council Corp. (EX.New.EX13.1.3)
https://www.toronto.ca/legdocs/mmis/2016/ex/comm/communicationfile-59401.pdf

Speakers

Geoff Kettel, Co-Chair, Federation of North Toronto Residents Associations (FoNTRA)
Eileen Denny, President, Teddington Park Residents Association Inc.
Councillor Mary Fragedakis
Councillor Josh Matlow
Councillor Frances Nunziata
Councillor Janet Davis
Councillor Paula Fletcher
Councillor Shelley Carroll

Motions

1 - Motion to Amend Item moved by Councillor David Shiner (Carried)

That:

 

1.  Recommendation 10 be amended by deleting the words "in the North York District" and inserting the words "on a City-wide basis" and deleting the words "report back to Planning and Growth Management Committee on the effectiveness  of the pilot project in reducing matters appealed to the appeal authority" and inserting the words " to report to the Executive Committee one year after the implementation of the Mediation Pilot Project with an evaluation" so that it reads as follows:

 

10.  City Council approve a one-year Mediation Pilot Project on a City-wide basis with respect to minor variance and consent applications and request the City Manager, in consultation with the Director of Court Services, to report to the Executive Committee one year after the implementation of the Mediation Pilot Project with an evaluation.

 

2. Recommendation 11 be amended by deleting the figure "$0.050 million" and inserting the figure "$200,000" so it reads as follows:

 

11.  City Council approve the transfer from the Non Program Account of the 2016 Operating Budget for the Mediation Pilot Project of $200,000 gross and net to Court Services Operating Budget.


2 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

Vote (Adopt Item as Amended) Mar-09-2016

Result: Carried Majority Required
Total members that voted Yes: 12 Members that voted Yes are Paul Ainslie, Ana Bail„o, Gary Crawford, Michelle Holland, Mary-Margaret McMahon, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson, John Tory (Chair)
Total members that voted No: 1 Members that voted No are Frank Di Giorgio
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council