"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Wednesday 19 January 2011

Letter to Elderberry Hills Resident

With respect

Last evening council had before us a staff recommendation to approve in
principle the P.A.R.C.E.L application and authorise staff to continue to
negotiate with the property owner to bring his plan into conformity with the
planning requirements of the town.
The owner was represented by Jane Pepino a solicitor with the firm Aird and
Berliss. Ms Pepino informed us she had approached the O.M.B. and
successfully requested the board to order mediation with the Town of
Aurora.
The process has the possibility of avoiding a half million dollar Ontario
Municipal Board Hearing. It also allows for neighbours of the development to
be involved in the planning process.
I voted against the initial proposal with the last council.
I voted for this recommendation because it makes absolute sense to me. The
vote was a tie, therefore did not succeed. One councillor was absent from
the meeting.
However the matter must be dealt with by Council. It will be before us again
at next
Tuesday's meeting.
I will vote for it again.
Because...In Ontario, property owners have rights.
They have a right to have an application processed under the Planning Act.
They have a right to consideration of their proposal from the town within a
time frame dictated by the Planning Act . And they have a right to a fair
and reasonable decision based on sound planning principles.
They have a right to appeal a decision if they feel it is unfair or
untenable.
Neighbours to a property where development is proposed also have that
right.
I have complete confidence in the competence and integrity of the town's
planning staff.
They advise the new design is deficient in two respects and more than
meets the town's requirement in all others.
They recommend approval in principle and ask for the authority from council
to continue to work for improvements to the plan.
I am not afraid of an O.M.B. hearing provided the town's decision meets all
the criteria referred to above .
In my judgment, it is not in the town's interest to proceed to an O.M.B.
hearing at a huge burden to the taxpayers and without a leg to stand on.
Ms Susan Walmer attended Council as a delegate and presented her opinion the
plan
is contrary to all the town's standards and urged council to reject the
planner's advice. She took no notice of Ms Pepino's assurance the process
would provide for involvement and input of neighbours.
I do not accept Ms.Walmer's contention. I feel no obligation to do so.
There is little merit in a municipal corporation maintaining a team of
professional planners at considerable expense and ignoring the advice they
are required to present to us.
I see even less hope of convincing an Ontario Municipal Board panel that a
decision to refuse under these circumstances is anything less that political
posturing.

It is hardly likely to carry any weight in an argument before the impartial
body.
Once before the panel ,the decision will be rendered by the board. It is no
longer the town's to make.

I am aware of Ms Walmer's prejudice against the integrity and competence of
board members. I do not share that prejudice.

I do not carry my responsibilities as a councillor lightly. I place before
you the rational for my decision out of respect for your right to know.

You ask for the right to participate in the process . Staff's recommendation
and the board ordered mediation provides for that right. Nothing will be
approved without you and your neighbours having had the opportunity to be
involved and at least know for yourselves how the final plan will impact
your properties.

1 comment:

Tim the Enchanter said...

"Ms Susan Walmer attended Council as a delegate and presented her opinion the plan is contrary to all the town's standards"

and Staff - "They advise the new design is deficient in two respects and more than meets the town's requirement in all others"

I suspect the opposition to the development is a simple case of NIMBYism but in fairness, did Ms Walmer point out where town staff have erred in their appraisal of the application?
Did council question staff as to the validity of her claim that planning standards have not been met?
If, as she says, the plan "is contrary to all the town's standards" then perhaps we need a new planning department.

While it's true that public input is part of the process and shouldn't be disregarded,it appears as if some members of council don't grasp the fact that, as you point out Councillor Buck, there are rules to follow, and proposed development projects can't be rejected simply because "someone doesn't like it" nor can we afford to launch OMB appeals every time there's a complaint from a resident.

I'm sorry, but my wallet and I have had quite enough of that "Don't worry, I've got friends on council" type of politics thank you very much.