and Planning Committee Introductory Presentation January 25, 2019 - - PowerPoint PPT Presentation

Committee of Adjustment and Planning Committee

Introductory Presentation

January 25, 2019 Secretary-Treasurer/Deputy Clerk – Martina Chait-Hartwig

The Committee of Adjustment/ Planning Committee makes decisions by passing resolutions and by-laws. The Committee must conduct itself in accordance with its Procedural By-law and must meet regularly in a public forum. The Municipal Act includes provisions to consider matters in closed session. However, the matters that may be discussed in closed session are restricted.

ACTION SPECIFICS A Resolution Is passed by Committee, must be in writing, directs a course

• f action, approves a policy

A Motion Proposed by a Member of Committee, resolves a matter and effects a decision By-laws An enforceable law, a confirming by-law is passed as the last action of Committee at a meeting to confirm the proceedings Notice of Motion Gives notice to the Clerk that a specific motion will be placed

• n a future agenda

Recorded Vote The vote by individual is not recorded unless there is a request by a Member of Committee, The Clerk calls the vote starting with the requestor and then alphabetical order A quorum is 3 members of the Committee

Committee Governance:

Procedures

Committee Governance:

Code of Conduct & Criminal Record Check

Township pays all costs associated with the Integrity Commissioner A Criminal Record Check including Vulnerable Sector is required* Code applies to all Township Committees and Boards A policy governing Committee & Staff Relations – is on its way Pecuniary Interest Forms Municipalities are required to adopt a Committee Code of Conduct and to appoint an Integrity Commissioner prior to March 1, 2019. The Township of Douro-Dummer adopted a Code of Conduct through by- law 2018-53 on September 4th, 2018 and appointed Mr. Robert Swayze as the Township Integrity Commissioner (I.C.) The Integrity Commissioner has the authority to investigate whether a member has breached the Municipal Conflict of Interest Act (MCIA) or the Committee Code of Conduct. The I.C. will only investigate if a complaint is received (from the public or other Committee member) not on their own initiative. The I.C. is also available to provide advice to a member regarding the MCIA and the Committee Code of Conduct.

Code of Conduct – Bill 68

Committee Governance:

Integrity Commissioner and Code of Conduct

• Our Integrity Commissioner is Robert Swayze
• Code of Conduct By-law
• passed September 4, 2018
• each member of Committee has a copy at their

desk “Without limiting sections 9, 10 and 11, those sections authorize the municipality to establish codes of conduct for members of Committee of the municipality and of local boards of the municipality.”

Section 223.2(1), Municipal Act, 2001

Bill 68 defines a “meeting” as follows: “meeting” means any regular, special or other meeting

• f a Council, of a local board or of a committee of either
• f them, where,

(a) a quorum of members is present, and (b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council, local board or committee.

Meeting Management:

What is a Meeting?

Meeting Management:

Overview of Procedural By-law

Section 238 of the Municipal Act, 2001 currently states as follows: Procedure by-laws respecting meetings (2) Every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Notice (2.1) The procedure by-law shall provide for public notice of meetings.

• Each seat of the Committee Table has a copy of the Procedural By-

law

• The Procedural By-law sets the rules for Committee meeting
• Highly recommended that the necessary time is taken to review and

understand

• Staff are working to draft a Committee of Adjustment Specific

Procedural By-law

Section 239(2) of the Municipal Act, 2001 provides the following seven discretionary exceptions to the open meetings requirement:

Meeting Management:

Closed Meeting

A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a Committee, board, committee or other body may hold a closed meeting under another Act. (h) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. (i) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons or organization. (j) A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; (k) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on, or to be carried on, by or

• n behalf of the municipality or local board.

Meeting Management:

Closed Meeting

• Before holding a meeting or part of a meeting that is to be closed to the public, the

Committee that is holding the meeting shall state by resolution:

• (a) the fact of the holding of a closed meeting;
• (b) the general nature of the matter to be considered at the closed meeting;
• Best Practice – to report out after closed session
• Local Authority Services (LAS) – Township’s Closed Meeting Investigator but the Ontario

Ombudsman’s Office is able to investigate Closed Meetings as well

Meeting Management:

Closed Meeting

“While [embracing technology] can certainly increase the accessibility of municipal government, Councillors [Committee members] should be wary of holding illegal meetings – that is, conducting Committee business or laying the groundwork for doing so – via email. Similarly, a series of phone calls, one-on-one meetings or even individual Councillors [Committee members] signing a document at different times…can also spark complaints and might constitute an “illegal” meeting.” 2014-2015 Open Meeting Law Enforcement Team Annual Report Ontario Ombudsman, (December 2015)

Meeting Management:

Municipal Conflict of Interest Act

DUTY OF MEMBER When present at meeting at which matter considered 5(1) Where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Committee or local board at which the matter is the subject of consideration, the member,

a)

Shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;

b)

Shall not take part in the discussion of, or vote on any question in respect of the matter; and

c)

Shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. Section 5(1) of the Municipal Conflict of Interest Act

7.1 Quorum present As soon after the hour fixed for a meeting as a quorum is present, the meeting shall be called to order by the Chair.

• Chair only votes in the event of a tie or recorded vote
• 11.14 to 11.17 Recorded vote

When a recorded vote is requested, such request must be made, prior to the Chair calling for the vote on the question or immediately following the vote prior to any matters being discussed or debated.

Meeting Management:

Rules of Debate & Decision Making continued

Human Resources:

Remuneration & Reimbursement of Expenses

Remuneration as of January 1, 2019: Meeting Honorarium: $95.00 (No additional Mileage is paid for site visits) Conferences, Seminars and Other Township Business:

• for actual travel expenses
• for basic registration fees
• for overnight accommodations
• for all reasonable out-of-pocket expenses where overnight accommodations are not necessary

Travel to Training Events

• rate per kilometer – currently $0.58 per km

Minor Variance Process:

Timeline and Steps

• Staff encourage all applicants to attend a pre-consultation meeting to ensure that a minor variance is

the correct process for their project, we also encourage them to send us draft site plans/surveys for review

• Staff need a minimum of 20 day prior to the hearing date to circulate an application – This assumes

that the application is perfectly completed and all information required has been submitted

• Notice of Hearing and Posting of the property must be done a minimum of 10 days prior to the

Hearing date

• The Hearing date must be within 30 days of receiving a complete application
• Decisions need to be in writing, must be made by the majority of members who hear the application,

must contain reasons, must be signed by Members who concur with the Decision and it say set reasonable conditions and time limits

• After the Decision is made a separate Resolution must be made explaining the impact if any of any

comments that were received regarding the application – should address staff report, agency comments and any comments from the public.

• After the Decision is signed a 20 day appeal period begins – Appeals are directed to LPAT

Minor Variance Process:

Common Conditions for Decisions

• the variance would be for the life of the structures only (definition)
• Obtaining any necessary permits from ORCA, the Health Unit, Trent Severn Waterway and any other

required ministry/agency

• That the barn be demolished (noted to be demolished) after all necessary permits have been
• btained
• Proper Building Plans be submitted with the building permit application based on the design included
• n the site plan prepared by ABC Surveyors, Ontario Land Surveyor, dated January 22, 2014 attached

to this Decision as Schedule ‘A’ and submitted with the minor variance application.

• That the exterior corners of the structure(s) be pinned by a Surveyor on the poured footings and a

copy of the survey be provided to the Chief Building Official after the footings are poured and prior to any further construction taking place

• That verification from an Ontario Land Surveyor be provided to the Township’s Chief Building Official

after the structure(s) are framed to confirm that all applicable setback requirements have been met and to ensure compliance with any relief granted by this decision of the Committee.

• Height Relief Decisions: That an agreement between the property owners and the Municipality be

entered into and registered on title that no form of habitation is permitted in the garage.

• Height Relief Decisions: That at the framing stage of construction of the structure, that an Ontario

Land Surveyor provide the overall height measurement of the structure to ensure compliance with any relief granted by this decision of the Committee.

Consent (Severance) Process:

• Before applying for a land severance applicants are encouraged to speak with staff to see if the land is

eligible for severance

• Staff always recommend the completion of the a Preliminary Severance Review (PSR) with the County of

Peterborough

• PSR is free and it will provide a clear opinion on whether a severance is possible and what types of issues the

applicant may need to address

• Once the PSR Report is received, staff encourage applicants to present that Report to the Planning

Committee to see if they would be willing to recommend that Council should support a formal application

• If the recommendation from the Planning Committee is positive then a formal application can be filed
• Many applicants do not take advantage of the pre-approval offered by the Planning Committee
• Once a formal application is received, if it has not been reviewed at the Preliminary stage, it will be

circulated to the Management team for comment and then will be brought to the Committee for a recommendation

• If the formal application has already been reviewed and support at the Preliminary stage then staff will

submit those comments to the County Land Division Committee

• Once Provisional Consent is granted, applicants have a one year window to complete any conditions on the

Decision

• There is no extension to the one year time frame

Consent (Severance) Conditions:

• $1250.00 cash-in-lieu of parkland be paid to the municipality for each lot * this is for new lots only
• That a merger Agreement be entered into between the Transferor, Transferee and municipality, pursuant to Section 51(26) and

Section 53(12) of the Planning Act R.S.O. 1990, and registered on title to merge the severed parcel with the abutting land identified by property Roll No. 1522-020-003-25510, such that these 2 parcels shall be considered as one lot and shall not be dealt with separately or the solicitor for the applicant is to provide an undertaking, whereby they inform the Land Division Committee, in writing, that the lands are being conveyed to an abutting property and a merger of title shall take place and that the $100 fee be paid.

• An up-to-date site plan survey be completed on the retained and severed (after the lot is merged with the adjacent property) lots to

assist with the rezoning process

• That an Ontario Land Surveyor provide a measurement of the frontage on the retained portion to assist with the rezoning
• That a rezoning of the retained/severed lot be obtained to the satisfaction of the municipality
• Minor Variance be obtained for the retained/severed to the satisfaction of the municipality
• That a Right-of-way be obtained to provide access to the newly merged lot (reference Severance B-20-10)
• That the depth of the severed lot be increased to ensure that the lot is a minimum of 0.4 ha (1 acre) in size (which does not include

the 10’ strip of frontage deeded to the municipality)

• That a 10’ strip of frontage from the severed parcel be deeded to the Township for road widening purposes
• That a rezoning or minor variance be obtained to the satisfaction of the municipality
• That a safe entrance be approved by the Manager of Public Works
• That the depth of both severed lots be increased slightly to ensure that the lot is a minimum of 0.4 ha (1 acre) in size (not including

the 10’ strip of frontage deeded to the municipality)

• An Easement be granted by the County of Peterborough to allow access to the severed parcel over the County Trail
• That the applicant be responsible for the costs of upgrading XXXX Road to Municipal Standards to provide a minimum of 150’ of

frontage to the satisfaction of the Manager of Public Works

Questions or Comments?