REPORT FOR ACTION WITH
CONFIDENTIAL ATTACHMENT
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Property Standards Committee/Fence Viewers -Selection of Candidates for Interviews

 

Date:  February 2, 2017

To:  Tribunals Nominating Panel

From:  City Clerk

Wards:  All

 

Reason for Confidential Information

 

This report deals with personal matters about identifiable individuals who are being considered for appointment to the Property Standards Committee/Fence Viewers.

 

Summary

 

The Tribunals Nominating Panel must select candidates to be interviewed for appointment to the four Panels of the Property Standards Committee/Fence Viewers to fill seven public member positions. The Nominating Panel will meet on March 8, 2017 to conduct interviews and recommend candidates to City Council.

 

Recommendations

 

The City Clerk recommends that:  

 

1. The Tribunals Nominating Panel interview 18 of the candidates listed in Table 1 of Confidential Attachment 1 at its March 8, 2017 meeting for appointment to the Property Standards Committee/Fence Viewers.

 

2. The Tribunals Nominating Panel, in making its recommendations, identify which candidates will be appointed to the Etobicoke York, North York, Scarborough, and Toronto and East York Panels, respectively.

 

3. The Tribunals Nominating Panel direct that the confidential information contained in

Confidential Attachments 1, 2, and 3 remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to

the Property Standards Committee/Fence Viewers.

 

Financial IMPACT

 

There are no financial implications arising from this report.

 

Decision History

 

During its meeting on July 12-15, 2016, City Council appointed one public member to the Toronto and East York Panel of the Property Standards Committee/Fence Viewers:

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.CC20.10.

 

During its meeting on July 7-9, 2015, City Council appointed 16 public members to the Etobicoke York, North York, Scarborough, and Toronto and East York Panels of the Property Standards Committee/Fence Viewers:

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2015.CC8.16.

 

Comments

 

Composition of the Property Standards Committee/Fence Viewers

There are 16 public members on the Committee who are appointed to four Panels corresponding to the Community Council districts:

 

·         Etobicoke York Panel - 4 public members

·         North York Panel - 4 public members

·         Scarborough Panel - 4 public members

·         Toronto and East York Panel - 4 public members

 

Applicants will be asked to indicate their Panel preferences prior to their interviews.

 

The Building Code Act, 1992 dictates the selection of the Chair

Section 15.6 (4) of the Building Code Act, 1992 requires the Committee to elect a Chair from amongst its members. Therefore, the Committee will elect a City-wide Chair and Chairs for the four Panels from amongst its 16 public members.

 

There are currently seven positions under consideration

The Tribunals Nominating Panel must recommend public members to fill seven positions on the Committee:

 

·         One position on the Scarborough Panel is currently vacant due to the resignation of

Hilary Wollis on September 15, 2016.

·         Six positions (one position on the (1) Scarborough and (2) Toronto and East York Panels and two positions on the (3) Etobicoke York and (4) North York Panels) are currently held by public members who were appointed on July 9, 2015 for a term of office ending on December 31, 2016, and until successors are appointed.

 

Diversity data for the current public members of the Committee

Diversity data for the 15 current public members of the Committee, collected through the Confidential Voluntary Diversity Information survey which accompanies each application, is attached as Confidential Attachment 2.

 

Committee members must meet certain qualifications and be eligible

In addition to the general eligibility requirements set out in the Public Appointments Policy, public members should collectively bring the following skills and expertise to the Committee:

 

·         Bring an understanding of the diverse neighbourhoods and communities across the City;

·         Have a concern for the health and safety of City residents;

·         Have an understanding of the Building Code Act; Municipal Code Chapter 629, Property Standards; and building practices and tribunal processes;

·         Have a clear understanding of the role of the Committee;

·         If possible, have previous experience as a member of a decision-making body; and/or

·         Be able to read and understand building plans, surveys, and reports.

 

Former Members of Council who served in the immediately preceding term of Council (2010-2014) are ineligible for appointment as public members. In addition, public members cannot act as agents for any appellants appearing before the Committee.

 

Committee members receive remuneration

The City-wide Chair receives an annual retainer of $500, plus a $125 per diem for each

hearing day attended. The 15 other public members receive a $125 per diem for each

hearing day attended. Members who serve as Fence Viewers are paid $30 per hour.

 

Outreach was conducted for the current opportunities

The opportunities on the Committee were part of the general public appointments awareness campaign in the winter of 2017 and fall of 2016.

 

We canvassed the candidate pool and six public members with terms ending on December 31, 2016 for their interest in appointment

The Public Appointments Secretariat retains applications on file for three years from the date candidates apply. City Clerk's Office staff made best efforts to contact all candidates who had applied for the Committee since October 2014, and confirmed if

they were still interested in being considered for appointment to ensure that the

Nominating Panel would only review applications from interested candidates.

 

In addition, Public Appointments Secretariat staff contacted the six public members who were appointed on July 9, 2015 for a term of office ending on December 31, 2016, and until successors are appointed, and confirmed if they were interested in being considered for reappointment (see Confidential Attachment 3 for their responses).

 

We have consulted with Municipal Licensing & Standards Division staff

Public Appointments Secretariat staff consulted with Municipal Licensing & Standards Division staff in November 2016 and January 2017 to discuss Committee qualifications and the appointments process. Scott Sullivan, Acting Director, Investigation Services, Municipal Licensing & Standards, provided the following information for the Nominating Panel's consideration:

 

·         Property Standards Committee/Fence Viewers public members have an important role that can directly affect the quality of life for residents in the City of Toronto. When considering appeals, it is important that public members understand the Property Standards By-law which addresses the maintenance and upkeep of buildings and ensures that buildings and properties are maintained to provide a safe and clean environment for residents and the public. The By-law also ensures that existing building systems are maintained to function as they were initially designed.

·         It is also necessary for the Committee's public members to maintain objectivity by balancing the responsibility of the City's property owners with the needs and expectations of residents, when applying their authority to modify, rescind, or confirm an Order to Comply that has been issued by the City of Toronto.

 

Mr. Sullivan's colleague, Joe Magalhaes - District Manager, Investigations Services, Toronto and East York District, Municipal Licensing & Standards - will attend the Nominating Panel's meeting on February 10, 2017 to answer questions.

 

Next steps - Interviews

Once the Tribunals Nominating Panel selects candidates for interviews, the City Clerk's Office will contact the candidates to schedule them for 15 minute interviews. Eighteen interviews at 15 minutes each will take approximately 4.5 hours to complete.

 

Contact

 

Aretha Phillip, Manager, Public Appointments, City Clerk's Office, 416-392-8152, aretha.phillip@toronto.ca.

 

 

 

 

 

Signature

 

 

 

 

Ulli S. Watkiss

City Clerk

attachments

 

Confidential Attachment 1 – List of Candidates, Qualifications, and Confidential Voluntary Diversity Information Summary and Applications for Appointment to the Property Standards Committee/Fence Viewers

Confidential Attachment 2 – Confidential Voluntary Diversity Information Summary for Current Public Members of the Property Standards Committee/Fence Viewers

Confidential Attachment 3 – Interest in Reappointment for Public Members Appointed to the Property Standards Committee/Fence Viewers for a Term of Office Ending on December 31, 2016, and Until Successors are Appointed

Attachment 1 – Resignation letter dated September 15, 2016 from Hilary Wollis, Former Public Member, Scarborough Panel, Property Standards Committee/Fence Viewers