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commence thank you ken greenberg i'm anarchitect urban designer and presidentof the wellington place NeighborhoodAssociation madam chair members of thecommittee thank you very much for theopportunity to appear here this morningI come wearing two hats representing thewellington place NeighborhoodAssociation but also as a professionalin the field having worked for ten yearsas director of architecture and urbandesign for the City of Toronto underthree mayors and for 26 years practicinginternationally on planning and designmatters my submission and I believe youwill all have copies of the submissionthat I'm working from this morning isthat the Ontario Municipal Board isbasically the wrong tool for the jobwhat we're doing is using a hammer toturn screws it is a deeply flawedinstitution and it is poorly suited forthe role that it has come to play in alarge city like Toronto almost uniquelyamong jurisdictions the province ofOntario has adopted the model of a quasijudicial tribunal called the OMB for theadjudication and oversight of planningmatters the Board's decisions are finalits role as i'm sure you well aware hasalways been highly controversial givenit's undemocratic authority to overrulelegally elected municipal councils andincreasingly substitute its owndecisions for municipal ones in factwhat has happened in recent years isthat the OMB has become the de factoplanning board for Toronto and it isfundamentally unsuited for this role ajudicial tribunal is exactly the wrongkind of model it's loosely modeled on acourt but without actual train judges orany basis in common law it uses anversary Oh form of interrogationexamination cross-examination is binaryit's reductive whatever the merits ofthis system in Criminal Courts or incivil cases it's exactly the wrong wayto have discussions about city buildingwith many complex interrelated variablesbecause it looks at each developmentproposal on a one-off basis in thisadversarial environment it cannotconsider the cumulative effects ofmultiple developments in an area ondecision making or how they impact eachother what we need in fact is somethingdifferent we need a multi-partyfree-ranging discussion we need to buildsolutions and develop consensus amongparties and we need a wide and deepunderstanding of the issues and theplaces in question it's not surprisingthat a veritable cottage industry hasemerged around this phenomenon of theOMB including a type of lawyer thatdoesn't exist in any other jurisdictionwho never practices in front of a realcourt we have professional witnesses andhandlers who do nothing but appear atthe OMB and this system has actuallyseverely distorted the planning processsmart developers often choose theirdevelopment teams based on an assumptionthat they will go to the OMB so theystart with lawyers and then they end upchoosing designers for their projectsbased on theirs not their skill in theirprofession but their ability to appearas witnesses in terms of the city anenormous amount of resources arediverted into appearing and preparingfor OMB hearings a former colleague ofmine chief planner estimated and thiswas a few years ago that his staff wasspending 14 thousand hours annually twothousand person days just preparing forOMB hearings what this does is it leavesdiminished resources for integratedlong-range planning social planningneighborit in community planning which is whatplanning staffs in other cities actuallyspend their time doing to make it worsewhat happens is because city officialsand elected politicians know that theirdecisions are likely to be countermandedby the OMB they don't take their rolesseriously this is producing in1communities a high level of uncertainty1cynicism and alienation which I know you1hear a great deal about the problem is1with this Tribunal model the only way to1express concerns about a development is1to engage in highly technical Attic1discussions over quantifiable measures1of height and density and what this does1is it puts people on the defensive it1doesn't allow them to talk about the1things that really interest them so I1want you to put this in perspective1knowing that Noel nowhere else in the1world nowhere in the 50 states nowhere1in the remaining provinces of Canada is1there any comparable model and this is1has become a symbol of the immaturity of1a great city like Toronto it produces1highly inequitable treatment based on1access to expensive lawyers and in this1litigious atmosphere of the OMB the1wrong issues get discussed for people1who want to talk about qualitative1issues how development affects their1neighborhood how it is shaped how it1integrates with the existing1neighborhood it's not possible to do1that the only things that people are1allowed to talk about are very esoteric1discussions of a kind of1pseudo-scientific numerology related to1planning so how is this done in other1cities in other cities two things happen1one is the real decisions are vested1with the people who are democratically1elected they often have recourse to1arm's length bodies like Planning1Commission's and planning boards1there is a great benefit in doing this1because it removes side this kind of1discussion from the political fray these1bodies typically have a variety of1people on them who have real expertise1architects landscape architects planners1urban designers community people people1in the real estate industry who know the1subject who know the places intimately1they're not parachuted in from other1cities or other jurisdictions it's1typically a multi-step process there are1no lawyers present people are allowed to1talk freely there's no such thing as1cross-examination people being1humiliated and intimidated by lawyers1and through a multi-step discussion good1solutions emerge so the argument is made1still by people who somehow favor the1presence of the OMB in Toronto that as1bad as it is it's preferable to allowing1the dysfunctional City of Toronto1takeover and my counter-argument to that1is this this is the moment to break the1vicious cycle that fundamentally this1litigious and constrained adversarial1dialogue implicit in the tribunal model1which the OMB uniquely among1jurisdictions has adopted for planning1matters produces the antithesis of the1kind of qualitative multi-party informal1dialogue that's essential to produce1best practices in city building and1should be done away with in favor of any1number of more productive models that1one can find around the world in1conclusion I would say that if we were1talking about health care this morning1what we have is a system with very1little work on public health or1prevention and an almost total reliance1on the emergency room thank you very1much thank you very much mr. Greenberg1just for the committee's sake the clerk1just told me that mr. Greenberg1submitted his written submission we will1be receiving a copy this afternoon1ks1 everybody know I'm record so this1round the question mr. Greenberg is from1the opposition party who will start mr.1Bexon out yeah thank you hi I met you1five minutes sure five minutes yes um1thank you for your submission and I1think that everybody's aware the1shortcomings are those issues with the1OMB your choice is without it as you1know the fight your battle still in1court what are your feelings about that1or if you had seen models that you would1like to bring back to us as an option I1served for a year and a half as the1chief planner in Boston Boston has a2Planning and Development Commission2which is a kind of panel that I just2described developers and their designers2come to the panel and present their2projects several time the community is2invited there's a chair of the panel2there's a free discussion I hardly ever2saw a lawyer in the room it rare the2only time anything ended up in court in2civil court and this would be an2extremely rare occurrence were actual2matters of civil law contract disputes2procedural issues but this this is like2a 1 in 500 occurrence and it it actually2this system functions extremely well2I've appeared before such bodies in2jurisdictions in Europe in many of the2United States and other Canadian2provinces I think what's happened is2somehow people in Ontario have gotten2used to this and have come to believe2that something that is extremely unusual2and dysfunctional is normal it's not2to the question um throat your your2ratios maybe we don't have your brief in2front of us maybe just go over they2should have brought you here today here2I would imagine there's a neighborhood2issue that's that's shown me how this2well it's not a single issue I the2wellington place neighborhood goes back2to 1830 it's one of the oldest2neighborhoods in the city it includes a2cemetery where leftenant governor2simcoe's daughter is buried along with2500 other graves it was the original2burial ground for Fort York it is part2of King spadina which is going through a2phenomenal transformation along with2King Parliament very intensive2redevelopment so our association and our2neighboring associations have seen2probably more applications come forward2for redevelopment than almost any other2jurisdiction or any other area in the2province so and we have seen how the2specter of the OMB the performance of2the OMB is profoundly disruptive and2distorts a good and fruitful discussion2around planning matters so it's not it's2not a single issue it's an accumulation2of frustrations that the community has2felt over many years and working with2the local councillors what we have tried2to do is informally extra judiciously2injured when ever the word is to create2the kind of multi-party discussion that2I've been describing and when that2occurs it obviously allows the parties2where there are differences to air those2differences in a constructive way so I'm2utterly convinced of the merit of what2I'm telling you I also think that if if2we do not have the planning staff2required to do all this preparation for2OMB hearings we would have one of the2finest planning operations on the2continent we have we have an2extraordinary2a city with a great talent pool we have2many talented developers and everybody2is being forced to go through this phony2court system with people playing Perry2Mason and acting in extremely strange2ways to discuss issues that cannot be2discussed effectively in this manner now2generally you know official plans your2zoning is in place is this an issue with2going beyond those limits or that you've2seen or is it something just a2disagreement within the bounds of what2the the official plans are actually are2there any although they're put together2and reviewed every five six years well2as I'm sure you're aware you know going2back to my day at the city under I2started under David cromby at that time2the OMB at least more Jamoris more so2than as the case today was looking at2the official plan and looking at whether2decisions complied with the official2plan as I'm sure you're aware the OMB2now feels perfectly free to make it up2as it goes along and to totally ignore2the official plan so you get what are2called minor variances where you will2have Heights that are three hundred2percent greater than what the bylaw2allows or what the kinds of densities2that the official plan calls for which3are treated as minor variances and and3this is entirely at the whim of members3of the OMB who may be parachuted in from3North Bay who may never have stepped3foot on the sidewalks where the3development is occurring and who are3really really responding to which lawyer3has the biggest pile of documents or the3most expensive witnesses so this this3the reference to the OMB is completely3gone to the official plans your time is3up thank you much thank you thank you

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