- Planning and Development Approvals Commissioner’s report
dated 9 Mar 2000
- Response to Inquiry No. P&E - 16 (99)
Councillor Legendre referenced page 34 of the agenda,
which spoke to rural servicing and aquifer management strategies.
He said he understood most of the preliminary issues listed on page
34, but questioned the issue of the identification of appropriate
and adequate funding mechanisms, as he felt this was more of a
political issue than a quantifiable variable.
Carol Christensen, Senior Project Manager, Land Use
Planning Branch, Policy and Infrastructure Planning Division, Planning
and Development Approvals Department, noted funding decisions were
made by Council, but she explained that staff felt obligated, once
the magnitude of the work had been defined, to present possible alternatives,
although she acknowledged that at the moment, the alternatives were
limited.
Pamela Sweet, Director, Policy and Infrastructure
Planning Division, Planning and Development Approvals Department,
felt this was particularly relevant now, as the Provincial Government
was no longer helping to finance such rural infrastructure projects
to the extent it once did. She explained that staff had to present
all possible alternatives to Council at the time anything is being
considered.
Councillor van den Ham noted the rural area studies
entailed much work, however, he expressed disappointment that some
of the studies noted in the report would take several years, as he
had hoped for a faster outcome. He drew the Committee’s attention
to the identification of priorities for village servicing,
and in particular the assessment of the search for potable water,
and asked that staff suggest to the advisory group that this be given
a high priority. He also noted that development had been arrested
in his ward and in the western townships for a number of years, and
that developers were wondering when it would be possible to proceed.
The Councillor also felt the identification of appropriate
and adequate funding was an important issue. He noted one of the alternatives
was a user-pay scenario, in light of a significant decrease in Provincial
funding. Councillor van den Ham said he looked forward to receiving
such information, as he felt it would be useful in letting the community
know what options were available, and at what cost. In conclusion,
the Councillor said he wished to know of the advisory group’s
makeup, so that he could be kept informed on the issues, receive the
minutes, etc.
Acting Chair Stewart asked staff if they would take
Councillor van den Ham’s suggestions as a direction to give some
priority to the water supply for villages in the rural area. Ms. Sweet
confirmed this would be done. She also noted one of the studies’
outcomes would be to set a priority list of villages, with information
outlining the specific needs unique to each village.
Councillor Hill also said she wished to be kept informed
on issues dealing with servicing to villages or the rural areas, and
that she wished to receive copies of local committee meeting minutes.
She also expressed interest in attending such meetings when possible.
That the Planning and Environment Committee and Council
receive this report for information.
RECEIVED
ENVIRONMENTAL SERVICES ITEM
5. Township of cumberland - WASTEWATER
pumping stations, Operation and Maintenance
- Director, Water Environment Protection Division, Environment
Councillor Legendre noted discussions had taken place
between Regional staff and the City of Cumberland, to ask the Region
to perform some work at the City’s cost. He also noted that Cumberland
had considered contracting out for external services. The Councillor
asked if, when the opportunity arises, there is a possibility of having
the work performed by the private sector, rather than by Regional
staff.
Nancy Schepers, Director, Water Environment Protection
Division, Environment and Transportation Department, explained the
City of Cumberland had examined the possibility of contracting out
for services, but had been unable to find a private sector provider
to perform the services required. She said the City had approached
the Region to ask if the Region could work with them and undertake
to perform the maintenance. Ms. Schepers further explained that the
City had been unable to find a private sector service delivery partner
because the City had been performing the work itself, and had not
had the time to put together a detailed description of the work to
be performed. She said the City had been doing the work without documented
procedures that would be required for contracting. In addition, she
noted the City realized it needed certified operators to run the operation,
and had been unable to find them in the private sector.
Councillor Legendre suggested some of this kind of
activity was currently occurring in the private sector elsewhere within
Ottawa-Carleton.
Ms. Schepers believed the City of Nepean was contracting
for very specific services at pumping stations, and noted the Region
did as well, for specific preventative maintenance activities, but
that these were clearly defined, tendered, and contracted for. She
offered that given the City’s time restraints, and the fact that
it wanted to get into an agreement quickly, the City began discussions
with the Region in January. Ms. Schepers noted it would have taken
at least six to nine months for the City to put together a contract,
requests for interests, and to look at proposals, by which time municipal
restructuring would be well underway. She stated that to get into
a multi-year contract at such a time would be difficult.
Councillor Legendre said he wanted assurance, on
record, that the Region would not be entering into a long-term agreement
with the City of Cumberland which would prevent the new amalgamated
City, shortly after its formation, and if it so desired, to privatize
this kind of function.
Ms. Schepers confirmed the agreement was for the
short term, and intended only to cover until the end of the current
year.
That the Planning and Environment Committee recommend
that Council approve the use of staff of the Region of Ottawa-Carleton
to perform operation and maintenance activities, on a cost-recovery
basis, for the five wastewater pumping stations and associated forcemains
of the Township of Cumberland.
CARRIED
NOTICE OF MOTION
6. PROTECTION OF WILDLIFE POLICY
- Committee Coordinator’s report dated 14 Mar 2000
- Councillor Alex Munter’s Motion tabled at Planning
and Environment Committee meeting of 22 Feb 2000 for discussion
at Committee meeting of 28 Mar 2000
Lois K. Smith conveyed in writing, her support for this motion
and her desire to be part of the process. The Committee carried this
item without discussion.
Moved by A. Munter
WHEREAS larger-scale development in suburban and
other outlying communities often displaces wildlife; and
WHEREAS it is consistent with the Regional Official
Plan’s "design with nature" provisions to consider
such impacts as part of the development process; and
WHEREAS it is inevitable that construction will occur
on lands designated and approved for development, thus requiring some
planning for how such construction can be made to be as least-disruptive
as possible;
BE IT RESOLVED THAT regional planning staff be directed
to consult with stakeholders such as the Ottawa-Carleton Homebuilders
Association and the Ottawa-Carleton Wildlife Centre on a protocol
to be included in the development/subdivision approval process to
minimize needless injury and death of wildlife; and
FURTHER THAT staff report back within 90 days on
a proposed policy.
CARRIED
INQUIRIES
Councillor Beamish submitted the following inquiry
in writing.
"Ottawa’s Greenmap" is a project under
the auspices of Ottawa 2000. The Region has invested a contribution
of staff time and electronic data into the project. Could the staff
please provide a brief update on the project on one of the upcoming
agendas.
Councillor Legendre referred to a memorandum to members
of Council from the Environment and Transportation Commissioner, about
an article in the Globe & Mail entitled "Cost of Spending
a Penny, Proof Privatization Works". The article had to do with
privatization in Britain and, as the Commissioner points out, the
cost history in Britain does not support the headline at all. He noted
Britain has privatized and yet their costs are double what the Region’s
are and are going up, while ours are going down. The Councillor felt
that Mr. Sheflin’s comments should be sent to the Globe &
Mail to be published. Councillor Legendre offered the Region is doing
things very well and this message should get out to the public.
Councillor Legendre’s second inquiry related
to a call he received from a constituent, who had already raked their
lawn and bagged the yard waste and then found out the first pick-up
of the season for leaf and yard waste is the end of April. Recognizing
the unusually early end to winter, the Councillor asked if there was
anything staff could do to start the program earlier.
Pat McNally, A/Commissioner, Environment and Transportation
Department, advised when the schedule is set, it is really a "best
guess", based on historical information. He noted the contract
calls for a certain number of leaf and yard waste collections during
the calendar year. Last year the collections did not run late enough,
so they were extended little longer this year, which means they start
a little bit later. Mr. McNally advised staff could have discussions
with the contractors however, he cautioned that contractors gear their
programs (i.e. staffing, maintenance, equipment, etc.) based on the
Region’s established schedule.
Mr. McNally noted as well, 220,000 calendars had
just been distributed to the residents and therefore they know when
the first collection is scheduled. If earlier collections were instituted,
it might not very efficient. Mr. McNally confirmed that staff would
look into what avenues might be available to address this situation.
Councillor Legendre complimented staff on this year’s
collection calendar, noting it was very well done.
Councillor Legendre’s third inquiry had to do
with a regional water main that broke in front of a constituent’s
house, causing the man’s basement to flood. The constituent,
Mr. St. Martin, called the Region for service and staff responded
promptly and repaired the break. The Councillor noted that thankfully,
not a lot of damage was done to Mr. St. Martin’s property, however,
he did incur some expenses to have the carpet in his finished basement,
steam cleaned by a professional. Mr. St. Martin was seeking to recover
these costs from the Region, however, Regional legal staff have advised
that the Region is not responsible to pay for these damages. Councillor
Legendre stated he wanted to raise this issue because he said he considered
the fact the Region would not cover costs of damage caused as a result
of failure of its equipment/infrastructure, to be "fundamentally
unjust".
Councillor Legendre indicated he had already received
two memos from the A/Regional Solicitor, Eric Johnston, on this matter
and noted Mr. Johnston had explained, because the Region did nothing
to cause the break to the water main, it was not at fault and therefore
not liable for damages. The Councillor went on to say an amendment
to the Municipal Act occurred as a result of flooding that took place
in the Region a few years earlier. These floods resulted in many claims
and, even though the lower tier municipality was primarily responsible,
the Region assumed 25% of the responsibility in that instance. He
noted subsequently, someone requested that the Province "fix
the law" and now a homeowner is liable when something breaks
in the Region’s system.
Councillor Legendre opined that although the law
allows the Region to deny liability in such claims, this was not the
way in which a responsible municipality should act. The Councillor
stated he would like to have a report brought back to the Committee
on the possibility of having the corporate policy reviewed on claims
arising from watermain breaks and sewer back-up.
Councillor Beamish concurred there was something
fundamentally wrong with such a policy. He pointed out there was no
law that says a person has to insure their home and he said if he
did not have insurance and something happened to a municipality’s
water line that caused damage to his home, he would expect the municipality
to be responsible for the damage. Councillor Beamish suggested this
matter should be referred to the Corporate Services and Economic Development
Committee (CSED) for consideration.
Councillor Legendre agreed with Councillor Beamish
that the matter should be referred to CSED for a policy discussion.
The Councillor concluded his remarks by thanking Mr. St. Martin for
attending the meeting.
Councillor Stewart had an inquiry concerning water
taking from the Tay River. The Councillor offered the following details.
The Ministry of the Environment has posted, on the
Environmental Bill of Rights (EBR) registry, notice of an application
for a water-taking permit from the Tay River by OMYA (Canada) Inc.
it is requested that approximately 1 million gallons per day (roughly
equal to the consumption of the town of Perth) be channeled for use
in OMYA’s calcium carbonate crushing facility. The end product
is sold in a slury form, a mixture of calcite with water, to US. Markets.
Approximately 80% of the water used will be transported out of the
watershed - in fact, out of the country.
The Tay River has historically been a regulated-flow
watercourse controlled by a dam at the outlet of Bob’s Lake.
The flow controls are monitored and operated by Parks Canada as a
component of the Tay Canal System.
The Tay River is the only major tributary in the
upper sub-basin of the Rideau River watershed. It has a drainage area
of about 875 square km, representing 33% of the upper sub-basin, but
only 11% of the entire Rideau River watershed. It is significant however,
because during normal summer flows this upper portion of the watershed
contributes approximately 87% of the total Rideau River flow at Ottawa
(as per the Intermin Watershed Plan, prepared by the Rideau Valley
Conservation Authority, June 1983, page 15). During the spring freshet,
it generally contributes less that 10% of the total flow at Ottawa.
The summer of 1999 was very dry, and the Tay River
reported extremely low flows. This spring Bob’s Lake is still
experiencing low water levels due, in part, to lack of snow melt.
There is also speculation about the potential for a drought situation
in Ontario in the summer of 2000.
The Councillor asked that staff investigate how mid-summer
water levels in the RMOC be affected if this water-taking permit is
approved by the province and what is the Region’s role if it
is determined that this proposal may exacerbate water quantity problems
with our municipality.
Councillor Stewart noted the Ministry had extended
the comment date to 9 April 2000 so there may be an opportunity for
the Region to have input. She asked that a report come back to the
Committee on this.
Pat McNally, A/Commissioner, Environment and Transportation
Department advised staff did not have information on this issue but
stated he would see to it in a timely fashion and report in due course.
Councillor Munter questioned if indeed there would
be time for the Region to comment on this. Nancy Schepers, Director,
Water Environment Protection Division, responded that, given the time
constraints (i.e. comments by 9 April 2000), staff would look into
this matter and if it merits commenting, staff will do so and provide
Committee with this information.
Councillor Legendre inquired as to how Councillor
Stewart had learned of this matter. Councillor Stewart advised she
sits on the Board of the Conservation Authority and this item was
on their agenda at the last meeting. She noted the Conservation Authority
monitors the EBR on a regular basis.
Councillor Legendre questioned whether Regional staff
should be monitoring this registry more directly. Ms. Schepers advised
the Department does actively monitor the
EBR, however, there is a lot posted on there and
it is not easy to discern what might be of significance.