uncharted.ca

Q: How can I have a hearing postponed?

A: The Ontario Municipal Board does not often postpone hearings.

The second report from Auditor General Jeffrey Griffiths, meanwhile, remains confidential. Shiner has called on Miller to make it public, but Miller refused because, he said, it refers to an individual staff person.'

However, The Mirror has obtained a copy of the 50-page report, which goes through the details of three items dealt with by the Committee of Adjustment: an application to convert a hotel to a residential building at 2737 Keele St.; a new residence at 231 Olive Ave.; and the Bayview/Sheppard development, which was a request to dramatically increase the number of units in a condominium tower from 280 to 481.'

Griffiths pointed out numerous issues with the decision-making process. With regard to the 2737 Keele St. application, Griffiths found that the city´s staff support person on the committee had been perceived by some as trying to influence the decision by highlighting potential litigation.'

However, Griffiths pointed out that litigation was a possibility and that the advice might have been valuable for the relatively inexperienced committee members.'

City hall types are easily frightened with lawsuits. Nobody wants to be "the guy who got us sued". Whoever is spreading the good cheer about possible litigation is in Joe's pocket - literally or figuratively.

The fact that it involved the collective conduct of five individuals rather than just one cannot change the fact that the matters in issue involved personal matters (in the sense of possible wrongdoing or incompetence) on the part of individuals.

Council subsequently adopted the following Motion:

“WHEREAS there are concerns respecting the processing and hearing of certain applications to the Committee of Adjustment; and

WHEREAS the Auditor General has been contacted respecting concerns related to these matters; and

WHEREAS the concerns raised warrant a review of the processing and hearing of these applications and consideration of the results of that review by City Council; and

WHEREAS it would be appropriate for the review to be carried out by the Auditor General, with findings to be provided to the City Solicitor for recommendation, in consultation with the Integrity Commissioner, to Council on what steps, if any, should be taken by Council; and

WHEREAS the Auditor General has confirmed that if a request is made by Council, he will amend his workplan to incorporate the review;

NOW THEREFORE BE IT RESOLVED THAT the Auditor General be requested to investigate concerns respecting the conduct of the processing and hearing of certain
applications to the Committee of Adjustment;

AND BE IT FURTHER RESOLVED THAT the Auditor General provide his findings to the City Solicitor and that the City Solicitor report, in consultation with the
Integrity Commissioner, directly to City Council as to whether there may be reasons to consider this matter further and, if so, the appropriate procedures under which that further consideration should be carried out;

AND BE IT FURTHER RESOLVED THAT the Auditor General provide his findings to Council for consideration with the report from the City Solicitor;

AND BE IT FURTHER RESOLVED THAT the Auditor General be requested to investigate the manner in which this matter was brought before the North York Community Council;

AND BE IT FURTHER RESOLVED THAT the Chief Planner and Executive Director, City Planning, be requested to prepare a discussion paper on what constitutes a minor adjustment for the guidance of potential Committee of Adjustment applicants and Committee of Adjustment Panels;

AND BE IT FURTHER RESOLVED THAT the Chief Planner and Executive Director, City Planning, and the City Solicitor be requested to report to the Planning
and Transportation Committee, on the legality and appropriateness of Committee of Adjustment panels reserving decisions in public session.”

Very well written commentary, Elvis.

et al.

Hope it continues and CNN doesn't grab your excellent writings ~