Title
Subdivision and Development Appeal Board Bylaw No. 2015-15
Proposed Motion
1. That Bylaw No. 2015-15 receive first reading.
2. That Bylaw No. 2015-15 receive second reading.
3. That Bylaw No. 2015-15 be presented at this meeting for third reading.
4. That Bylaw No. 2015-15 receive third and final reading.
5. That the existing Subdivision and Development Appeal Board alternate member appointments be changed to full member appointments.
Body
Administration Recommendation
Administration supports the recommendations.
Purpose
Bylaw No. 2015-15 changes the composition of the SDAB to mitigate the extensive workload presently being experienced by the Board. Changing the appointments of alternate members to full members would help create a larger pool of public members to draw from.
Summary
Subdivision and Development Appeal Board (SDAB) Bylaw No. 2015-15 was reviewed and discussed by the Governance and Priorities Committee (GPC) at their meeting on April 7, 2015, at which time GPC recommended that Council pass the bylaw, and change the current alternate SDAB member positions to full members. When Council reviewed the bylaw at its April 21, 2015 meeting, they decided to table the bylaw, asking administration to bring forward additional options regarding the composition and chairmanship of the Board. Accordingly, a number of options have been compiled by Legislative and Administrative Services (Attachment 1). Administration is recommending that Board Composition Option 2A and Chairmanship Option 2 be included in proposed Bylaw No. 2015-15.
The passing of Bylaw No. 2015-15 would allow Administration to proceed with advertising for additional public members. The SDAB has experienced an extensive workload over the past year and has periodically had difficulty in achieving meeting quorum. It would be advantageous to have a larger number of Board members appointed to the SDAB to share the workload on a rotational basis. It is anticipated that changing the composition and quorum requirements of the Board would improve the ability to schedule members, and help reduce the need to adjourn scheduled hearings due to lack of meeting quorum.
Changes have been made to the proposed bylaw that was previously presented to GPC and Council. Bylaw No. 2015-15 now allows for nine (9) public members (no Council members) to serve on a rotational basis, with three (3) members as quorum (Sections 5, 15, 17 of Bylaw 2015-15). The chairmanship provision has also been changed to have Council appoint two Chairpersons to serve on a rotational basis (Section 16). Hiring a professional Chairperson is not an option because this person would be deemed as an employee, and under the Municipal Government Act sec 627(4), an employee of the municipality cannot sit on the SDAB. Although training of SDAB members is important and necessary, a provision for mandatory training of SDAB members is not included in the proposed bylaw. Provincial regulations are forthcoming that require mandatory SDAB training, as follow-up to recent changes to the Municipal Government Act.
Strategic Plan/Policy/Legal/Staff Implications
The Municipal Government Act section 627 provides that Council must, by bylaw, establish a Subdivision and Development Appeal Board.
Financial Impact:
Cost: $0
Source of Funding: n/a