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Escribe Agenda Package Executive Committee Meeting #12/17 was held at TRCA Head Office, on Friday, February 9, 2017. The Chair Maria Augimeri, called the meeting to order at 9:32 a.m. PRESENT Maria Augimeri Chair Anthony Perruzza Member PRESENT VIA TELECONFERENCE Jack Heath Vice Chair Jack Ballinger Member Vincent Crisanti Member Glenn De Baeremaeker Member Chris Fonseca Member Brenda Hogg Member Jennifer Innis Member Colleen Jordan Member Mike Mattos Member Jennifer McKelvie Member RES.#B132/17 - MINUTES Moved by: Anthony Perruzza Seconded by: Colleen Jordan THAT the Minutes of Meeting #11/17, held on January 12, 2018, be approved. CARRIED ______________________________ CONFLICT OF INTEREST Jennifer McKelvie declared a conflict in regard to item 10.3 – Governing Council of the University of Toronto, as she sits on the University of Toronto Scarborough Campus Council. ______________________________ 673 Section II – Items for Executive Action RES.#B133/17 - ONTARIO MUNICIPAL BOARD Request for Authorization to Appear. Authorization for staff to appear before the Ontario Municipal Board, and if needed, retain legal counsel on appeals within the Toronto and Region Conservation Authority jurisdiction. Moved by: Jack Ballinger Seconded by: Colleen Jordan THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to participate in, and if needed, retain legal counsel to protect TRCA's interests before the Ontario Municipal Board (OMB) regarding the appeals described within this staff report; THAT TRCA staff continue to work cooperatively with TRCA's municipal partners and the appellants to ensure TRCA's interests are implemented as part of the OMB process; AND FURTHER THAT the OMB and all parties to the hearings be so advised. CARRIED BACKGROUND Policy 7.5.2 p of The Living City Policies for Planning and Development in the Watersheds of the Toronto and Region Conservation Authority states that, “TRCA staff obtain authorization from TRCA’s Authority Board/Executive Committee to appear before tribunals on planning and development matters”. Staff is seeking authorization to appear before the OMB, and if needed, retain legal counsel on appeals within the TRCA jurisdiction. Currently, TRCA staff has identified 29 Planning Act applications that have been appealed to the OMB for which TRCA's interests are affected. Ten of which are located within the Region of Peel; 14 within the Region of York; and five within the City of Toronto. The majority of these applications (i.e. 67%) were appealed to the OMB based upon the failure of the municipalities to render a decision on the application within the prescribed timeline. The remaining applications (i.e. 33%) are appeals to the decision of the municipality. TRCA staff is seeking either "Party" or “Participant” status in these appeals because TRCA has an interest from a policy or regulatory perspective, and in many cases is assisting TRCA's municipal partners. "Party" status refers to a person or organization that requests full involvement in the hearing and is recognized by the Board. Parties take part in the hearing by exchanging documents, presenting evidence, questioning witnesses and making submissions to the Board. Parties may also request costs, adjournments or a review of the decision. "Participant" status refers to a person or organization that participates by making a statement to the Board on some or all of the issues at a hearing. A Participant may attend all or only part of the proceedings. Participants are not required to make submissions to council before becoming involved in an OMB matter. When making a statement to the Board, Participants must swear to tell the truth. They may be questioned by the Board and other parties. Participants generally do not question witnesses and cannot ask for costs, adjournments or request a review of the decision. 674 In most cases, TRCA staff alone represents the interests of TRCA during the OMB process. However, in certain circumstances, TRCA staff retains legal counsel to ensure TRCA's interests are protected and addressed during the course of the OMB proceedings. Instances where staff would require legal counsel include bringing forward a motion to the Board for consideration, when the hearing enters into formal adjudication, when TRCA needs to cross-examine experts representing other Parties, or when the appeal is complex involving legal matters where staff requires guidance. In all cases, TRCA staff and retained legal counsel continue to work with the Parties and Participants to the hearing in an attempt to resolve TRCA's issues, scope TRCA's involvement and to reduce legal fees to the greatest extent possible. RATIONALE Attachment 1 includes summaries of each appeal, which are organized by municipality, and whether they are site-specific or pertain to new municipal official plans or secondary plans. The appeals are at various stages in the OMB process, and some have hearing dates set for as early as February and March of 2018. As such, staff is requesting authorization to appear before the Board for these appeals and will continue to bring forward future requests as per the direction within The Living City Policies. FINANCIAL DETAILS Account Code 110-99-316 has been established to provide for TRCA’s legal services fees related to Planning and Development matters. DETAILS OF WORK TO BE DONE Staff will continue to represent the interests of TRCA during any mediation and scoping processes. Should the need arise, TRCA staff is requesting authorization of the Executive Committee to retain legal counsel to ensure TRCA's interests, as identified above, are protected and addressed. TRCA staff and retained legal counsel will continue to work with the parties and participants to the hearing in an attempt to resolve TRCA's issues, and to reduce legal fees to the greatest extent possible. Report prepared by: Leilani Lee-Yates, extension 5370 Emails: [email protected] For Information contact: Leilani Lee-Yates, extension 5370 Emails: [email protected] Date: January 26, 2018 Attachments: 1 675 Ontario Municipal Board (OMB) Hearings 2018 – Requests for Authorization to Appear Before the OMB Attachment 1 No. File Information Applicant and Description of Application Status Appellant(s) SITE-SPECIFIC APPEALS Region of Peel 1. Municipality: Proponent and The subject property is located at The OMB Hearing scheduled for Town of Caledon Appellant: 13471 Heart Lake Road, located on the January 7, 2017, has been adjourned John Downey east side of Heart Lake Road, between to no fixed date in order to allow the OMB Case No.: King Street and Old School Road, and parties to continue settlement PL160237 is legally described as Lot 25, discussions. As no Prehearing Concession 3, Town of Caledon, Conference was arranged, TRCA TRCA Staff Contact: Region of Peel. presently has no status in the hearing. Adam Miller and Quentin Hanchard Within the Humber River watershed Staff will monitor the settlement and is regulated by TRCA. discussions. It may be necessary for TRCA CFN: The applicant is seeking to obtain TRCA to schedule a motion for a 55115.02 consent in order to sever the parcel of hearing of the TRCA’s request for Party land having a total area of 1.3 acres. Status in this matter. Town staff recommended refusal of the Tentatively, a motion hearing to request application; however, the Town Party Status is scheduled for March 12, Committee of Adjustment (COA) 2018. approved the application. Through Council Resolution, the COA decision was appealed to the OMB by Town staff. Subject property and proposed new lot is located within the Regulatory Floodplain. The PPS and TRCA’s The Living City Policies (LCP) do not support new development within the Regulatory Floodplain. Under the Provincial Policy Statement (PPS) and TRCA’s LCP, the creation of a new lot is considered to be new development. Official Plan Amendment (OPA) Zoning By-law Amendment (ZBA) Draft Plan of Subdivision (DPS) Official Plan (OP) Centralized File Number (CFN) Ontario Municipal Board (OMB) Special Policy Area (SPA) Provincially Significant Wetland Stormwater Management (SWM) (PSW) 676 Ontario Municipal Board (OMB) Hearings 2018 – Requests for Authorization to Appear Before the OMB No. File Information Applicant and Description of Application Status Appellant(s) 2. Municipality: Proponent and The subject property is located at 40 A hearing date is set for February 27, Town of Caledon Appellant: Diamondwood Dr. in Palgrave. 2018. Carolos and Mary Ann Within the Humber River watershed on TRCA is seeking Party Status to the OMB Case No.: Pacheco the Oak Ridges Moraine and is hearing. PL170683 regulated by TRCA (i.e. within a wetland area of interference). TRCA Staff Contact: Through the approved Draft Plan of Leilani Lee-Yates and Quentin Subdivision (DPS), building envelopes Hanchard were established for each lot. The areas outside of the building envelope TRCA CFN: form part of the overall reforestation 57054.06 and restoration area and development is prohibited in these areas. The applicant submitted a Minor Variance application to amend the building envelope to facilitate the construction of a pool and related amenity uses. TRCA did not support the application, and the Town of Caledon Committee of Adjustment denied the application. 3. Municipality: Proponent and The subject property is located at 9124 A Prehearing Conference was held on City of Brampton Appellant: Dixie Road, located on the west side of September 27, 2016, and January 24, 582302 Ontario Dixie Road, north of Queen Street, and 2017. TRCA staff attended both OMB Case No.: Limited is legally described as Part East 1/2 Lot prehearings and obtained Party Status. PL110363 6, Concession 3, City of Brampton, A 3rd Prehearing Conference is Region of Peel. scheduled for February 26, 2018 to TRCA Staff Contact: Within the Etobicoke Creek watershed provide an update to the Board on the Adam Miller and Quentin Hanchard and is partially regulated by TRCA.
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