STATEMENT REQUIRED FOR ZONING
APPLICATIONS SUBMITTED FOR POST JANUARY 1, 2007
DÉCLARATION POUR LES DEMANDES DE MODIFICATION
DE ZONAGE PRÉSENTÉES APRÈS LE 1ER JANVIER 2007
At the start of the meeting, Chair Jellett read the
statement required under the Planning Act,
which advised anyone intending to appeal the proposed Zoning By-law Amendments
listed as Item 1 to 3 must either voice their objections at the public meeting
or submit their comments in writing prior to the amendments being adopted by
City Council on June 25, 2008. Failure
to do so could result in refusal/dismissal of the appeal(s) by the Ontario
Municipal Board (OMB).
Planning, Transit and the Environment
Urbanisme, Transport en commun et Environnement
Development Approvals
Approbation des
demandes d'aménagement
1. ZONING - 119 Langstaff
drive
ZONAGE - 119,
Promenade langstaff
ACS2008-PTE-PLA-0080 West Carleton-March (5)
(This application is subject
to Bill 51)
Email correspondence from Murray
Stonebridge dated June 9,
2008 was received and is held on file
with the City Clerk.
That the Agriculture and Rural
Affairs Committee recommend Council:
1. Approve an amendment to the former Township of
West Carleton Zoning By-law to change the zoning of 119 Langstaff Drive from
Institutional Type 1 (I1) and Residential Type 5 Exception Holding (R5-1(h)) to
General Commercial Exception 6 (C-6) as detailed in Document 2 and shown in
Document 3.
2. Approve an amendment to the New Comprehensive
Zoning By-law to change the zoning of 119 Langstaff Drive from Rural Institutional (RI) and Village Residential Third Density
(V3B) to a Rural Institutional Exception zone (RI[xxxxr]), as detailed in
Document 2 and as shown in Document 3.
CARRIED
2. zoNING
- 5599 First Line Road
zonage - 5599, chemin first
line
acs2008-pte-pla-0125 Rideau-Goulbourn (21)
(This application is not subject to Bill
51)
Grant Lindsay,
Manager of Development Approvals, referred to the PowerPoint presentation and
briefly provided the Committee with an overview of the staff report. A copy of the presentation is held on file
with the City Clerk.
Mr. Lindsay
summarized that this application is to facilitate the development of a future
plan of a sub-division, which is part of the Manotick Special Design Area. The main points of his presentation were as
follows:
· The
specific village residential zone (RV) has a minimum area lot 1950 square
metres, which is standard and typical for the plans that have been provided in
the special design area.
· The Village
Residential Exception 32 zone (RV-32) has minimum lot widths of 20 metres with
no septic systems or oil storage are permitted within 30 metres of the
environmental protection lands along the First Line Road.
· The
adjacent lands to the north and south will link into this sub-division and will
develop over a number of years.
· All
landowners are working together to deal with common development issues, such as
stormwater management and traffic management.
· The
approval of this zoning by-law will facilitate the implementation of the
sub-division approval.
Noel Norenius,
Manotick Community Association, asked the Committee to reaffirm that the
environmentally sensitive lands and protected lands along Mud Creek will be
reserved for a pathway. He had been
assured that it was part of the original concept plan and wanted to confirm
that it was still part of the plan.
Mr. Lindsay
responded that the pathway was part of the discussion in dealing with the
concept plan for the area and reported that it is the City’s intent that a
pathway be constructed along Mud Creek, which will link into two proposed
pedestrian crossings.
That the Agriculture and Rural
Affairs Committee recommend Council:
1. Approve an amendment to the
former Township of Rideau Zoning By-law to change the zoning of 5599 First Line
Road from "A1" (Restricted Rural), "EP" (Environmental
Protection) and "D" (Development) to "RV-32 " (Village
Residential Exception 32), "RV" (Village Residential), "EP"
(Environmetal Protection) and "OS" (Open Space) as shown in Document
1 and detailed in Document 2.
2. Approve
an amendment to the new Comprehensive Zoning By-law to change the zoning of
5599 First Line Road from (DR1) - (Development Reserve Zone) to (VIP [---r] -
(Village Residential First Density, Subzone P), (VIP) - Village Residential
First Density, Subzone P and (O1) - (Parks and Open Space), as shown in
Document 1 and detailed in Document 2.
CARRIED
3. zONING
- 1090 Bayview Drive
zONAGE - 1090,
promenade bayview
acs2008-pte-pla-0072 West Carleton-March (5)
(This application is subject
to Bill 51)
Written correspondence from Carmen
Wilson dated June 9, 2008 was
received and is held on file with the City Clerk.
That the Agriculture and Rural Affairs Committee recommend Council
approve:
1. An
amendment to the former West Carleton Township Zoning By-law to amend the CT-1
zone provisions relating to 1090 Bayview Drive
to permit a fully-detached dwelling house as a permitted use and to
incorporate site specific zone provisions related to residential uses as shown
in Document 1 and as detailed in Document 2.
2. An
amendment to the new Comprehensive Zoning By-law to amend the VM1[163r] zone
provisions relating to 1090 Bayview Drive to permit a detached dwelling as a
permitted use and to incorporate specific zone provisions as required related
to residential uses as shown in Document 1 and as detailed in Document 2.
3. That
the By-law not proceed to Council until such time as the applicant provides
evidence to the Planning Branch that the existing well with water quality
issues has been abandoned in accordance with Provincial regulations.
CARRIED
PUBLIC WORKS AND
SERVICES
TRAVAUX PUBLICS
Traffic and Parking Operations
Circulation de stationnement
4. OTTAWA CYCLING PLAN
plan SUR LE cyclisme
d’ottawa
ACS2008-PWS-TRF-0004 City Wide / À l'échelle de la ville
Written
correspondence from Kurt Costello dated June 9, 2008 was received and is held on file with the
City Clerk.
Rob Orchin,
Manager of Mobility and Area Traffic Management provided a brief overview of
the staff report and outlined the four recommendations. Copies of the PowerPoint presentation and
maps were distributed to the Committee, as well as larger maps were posted in
the room for the public to view. All
documents are on file with the Coordinator.
In March, the
Transportation Committee referred the staff report to the Roads and Cycling
Advisory Committee, who in turn supported the plan. Mr. Orchin explained that a number of plans were put together to
harmonize the cycling policies and produce guidelines for cycling facilities. Extensive public consultations sessions were
held throughout the four-year planning process.
Terry
O’Shaughnessy, Roads and Cycling Advisory Committee (RCAC) has been
involved with RCAC since 2004 and congratulated staff on preparing an excellent
report. He liked that the plan provided
flexibility in supporting a cycling education program, promoting health and
awareness of transportation issues. It
also carries through to more advanced programs and a rural cycling program,
which is scheduled to be ready for next year.
Tom Seniuk,
Past Chair, RCAC spoke in favour of the cycling plan and suggested
including paved shoulders during any road construction in rural areas. He stated that this would allow increasing
safety for cyclists.
Tom Trottier,
Vice-President of Citizens for Safe Cycling (CfSC) provided some background
information on CfSC, which has been in existence for approximately 25
years. John Stevenson, Member of
Citizens for Safe Cycling (CfSC), is a cyclist who uses bike paths
regularly and belongs to a couple of cycling groups, also was in attendance to
support the plan. Mr. Trottier
supported the rural roads cycling plan and agreed with Mr. Seniuk regarding
making it a standard to pave shoulders of rural arterials considering it is not
only safe for cyclists, but for farmers and other motorists as well. He stated that paved shoulders are safer,
and that it was proven that accidents were reduced by 15 per cent. He listed many reasons why the Committee
should approve the report, such as kids’ safety, mobility and health of
adults. He added that having paths and
paved shoulders would make the City more attractive for tourists and would
boost local economy.
Klaus
Beltzner congratulated the City for the cycling plan and agreed that
opportunities should be taken advantage of whenever they present themselves;
however, he stated that in his area, he would never have the pleasure of using
his bike due to terrible road conditions.
He explained that there is a greater relationship between bicycles and
transit routes, and suggested looking at equity of the roads. He also supports paved shoulders as it is
safer for cyclists in addition to motorcyclists.
In response to a
questioned by Councillor Harder, Mr. Orchin suggested that Council would need to
approve the cycling plan prior to the city acquiring funds from outside
agencies.
Doug Yonson
endorsed the staff report and highlighted two specific aspects of the
plan. He referenced 5.15 a) “The City
undertake the development and implementation of mass promotional ride event
similar to Montreal’s Tour de l’Ile”.
The other point he raised, referring to the map regarding the
Ottawa-Carleton (OC) Trailway parallel to Hwy 7 through Stittsville, he
referenced the abandoned railway in the long-term proposal. He explained that the OC Trailway is an
all-purpose trailway through Carleton Place and Stittsville and noted that
there is no equivalent route in the east end of town. He believed that this would be a great opportunity to link the
city with 70 km of trail through to Russell County.
Chair Jellett
advised that the rail line Mr. Yonson was referring to is not owned by the City
and suggested staff take note of the questions posed by Mr. Yonson.
Councillor
Thompson spoke of the frustration in rural areas regarding pathways and
informed staff that he attended a cycling meeting four years ago when they
discussed this issue and added at the time there was not a lot of support. He noted that there have been constant
problems, (paved shoulders or lack of) and claimed that the cost of paved
shoulders is almost as much as a vehicle lane.
With this in mind, he asked if there was communication with the roads
staff.
Mr. Orchin
responded that the Infrastructure Services Branch is responsible for paving
roads and staff have been good in working with him in looking at these issues
and added that this year, a number of roads will have paved shoulders. He also provided the Infrastructure Services
staff with an early draft of the cycling plan, asking if it was possible to add
paved shoulders to these roads. He
noted that it becomes difficult when there is a requirement to relocate
ditches, poles, trees, etc.
Councillor
Thompson suggested conveying to the appropriate staff that in the rural areas
if they could pave the existing shoulder. Mr. Orchin agreed with the
Councillor’s point and suggested it to the roads staff.
Councillor
Thompson referenced the lack of money in Osgoode for paving roads, however
mentioned that there is a group interested in maintaining the rail line for
snowmobiles in the winter. The said
rail line is in Kemptville and goes through Osgoode to Manotick station and
into the city. He questioned staff if
this is something that can be looked at.
Mr. Orchin advised that he has no knowledge of an existing program to
address this.
Councillor
Brooks acknowledged that the Plan has merit and cycling is on the rise,
although he questioned the prioritization between road maintenance and bicycle
paths. He queried as to what part of
the budget does Council find $2.5 million required for this plan and reminded
the Committee that there is a huge funding gap in the city’s road
maintenance.
Mr. Orchin
responded that this plan came from the Transportation Master Plan and the
Official Plan as well as other documents and when first working on this there
were many management requirements; however, staff worked hard in trying to
bridge the gaps. He added that when the
first draft of the plan was created, the requested funding was over $100
million dollars. Staff tried to find a
middle ground between what was needed to support cycling, and the challenge
that Councillor Brooks raised.
Opportunities were looked at during re-construction and re-surfacing,
adding a little bit to the roads at a reasonable cost to make it more
suitable. He recognized that this puts
pressure in other areas such as the stand-alone pathways and railway lines,
which were difficult to work into the plan and also the reason they are
included in Phase 2 of the plan.
Councillor El-Chantiry
explained that the paved shoulders in rural areas are confusing because some
are only partly done and cyclists cannot continue on the same road. Mr. Orchin advised that improving
connectivity is part of the list of the prioritization criteria within the
plan.
In response to a
follow up question from Councillor El-Chantiry, Mr. Orchin took note that paved
shoulders are not the same quality as paved roads and advised he would discuss
with staff.
Councillor
Hunter asked staff if there was any thought given to paring down the number of
roads. He explained that in the urban
area there are many roads parallel together, i.e., Kent/O’Connor/Metcalfe; all
designated as bike routes and opined that reducing it to one or two roads might
be less costly. Mr. Orchin agreed with
the Councillor’s overall comment and advised that staff are looking into this
suggestion.
Councillor
Hunter referred to Mr.’s Beltzner’s comment and stated that cyclists have the
right to use roads, whether it is a cycling route or not and people should be
able to be out enjoying the roads. He
asked people in his ward what they thought of bike routes and the overall view
is that they felt better having separate cycling lanes apart from motorized
vehicles. His final comment was with respect
to paved shoulders and the importance of maintaining them.
That the Agriculture and Rural
Affairs Committee and Transportation Committee recommend Council:
1. Approve the Ottawa Cycling Plan (OCP), as
prepared by MMM Group, (Document 1) including:
a) The Proposed Cycling Network, as illustrated
in Figure 3-4a, 3-4b and 3-4c;
b) The Proposed Cycling Facility Types, as
illustrated in Figure 3-5a, 3-5b and 3-4c;
c) Policy Recommendations (Document 2); and,
d) Technical Recommendations (Document 3).
2. Adopt in principle the Cycling Network
10-Year Implementation Plan as illustrated in Figures 6-1a, 6-1b, 6-1c and
Document 4;
3. Approve that City staff consider the Planning
and Design Guidelines of the Ottawa Cycling Plan, when implementing designated
on and off-road cycling facilities as identified in the Cycling Network.
4. Approve:
a) That the entire Ottawa Cycling Plan,
including the network be reviewed and updated every five (5) years; and,
b) That between formal review periods,
i. Individual network route changes, additions
or deletions be considered when opportunities arise; and,
ii. That authority to implement such changes to
the network be delegated to the Director, Traffic and Parking Operations
Branch.
CARRIED
WATER
AND WASTEWATER SERVICES
SERVICES DE L’EAU POTABLE ET DES EAUX USÉES
5. Petition
for drainge works -
ashton station road/upper dowdall municipal drain
PÉtition pour les travaux de drainage -
chemin ashton station/égout municipal dowdall
ACS2008-PWS-WWS-0015 Rideau-Goulbourn (21)
That the Agriculture
and Rural Affairs Committee recommend Council:
i) Consider the attached report and petition
and give approval to proceed with a preliminary report on the drainage works;
and
ii) Appoint the firm of Robinson Consultants Inc.
as the Engineer of Record under the Drainage Act.
CARRIED
6. Petition for drainge works -
ashton station road/upper karl municipal drain
PÉtition pour les travaux de drainage -
chemin ashton station/égout municipal karl
ACS2008-PWS-WWS-0016 Rideau-Goulbourn (21)
That the Agriculture and Rural
Affairs Committee recommend Council:
i) Consider the attached report and petition
and give approval to proceed with a preliminary report on the drainage works;
and
ii) Appoint the firm of Robinson Consultants Inc.
as the Engineer of Record under the Drainage Act.
CARRIED
COUNCILLORS’ ITEMS
ARTICLES DES CONSEILLERS
COUNCILLOR
/ CONSEILLER D. THOMPSON
7. ReduceD
speed in school zones in rural areas
VITESSE RÉDUITE DANS LES ZONES SCOLAIRES EN MILIEU RURAL
West Carleton (5), Stittsville-Kanata West
(6)
Cumberland
(19), Osgoode (20)
ACS2008-ccs-ara-0003 Rideau-Goulbourn (21)
Tom Carmody,
Specialist of Traffic Assessment advised that staff received the inquiry from
Councillor Thompson that was raised during an Open Mike session concerning
reducing speed limits in school zones.
Currently, staff is bringing forward a report as directed by the
Transportation Committee, with an expanded section on school speed zones. This issue arose last fall following concerns
from St. Isodore School in the rural area in which staff upgraded the school
area signs (a model sign was posted at the meeting). The large signs are visible at over a kilometre away and draws
motorists attention, were erected in these areas:
·
One at Castor Valley School,
·
Four at St. Mary’s School,
·
Two at St. Mark’s High School
·
One at Stonecrest School in West Carleton
·
One at Heritage School in Navan.
Staff deployed
the signs at once to draw attention to potential presence of children along the
road even though most children in rural schools are transported by bus.
Councillor
Harder advised that this is a citywide problem and that 23 schools
(approximately 2200 kids) will be affected.
She offered to break down the list of schools by ward and contact each
individual councillor to discuss the issue.
She added that 250 kids in her ward would be affected by this reduction
and that the school-councils were not informed of this change.
Mr. Carmody
received comments from three schools, primarily catholic, including St. Andrews
and addressed the matter with the respective parent-councils. He added that staff be contacted when
concerns arise as they only hear portions of the concerns.
Councillor
Jellett agreed that not all parents are informed of the cancellation of buses
and advised that he received an email from a resident regarding the Avalon
School in Orleans and was informed of this reduction because the resident was
inquiring if her child could get bus service and was told no.
In response to a
question by Councillor Monette, Mr. Carmody informed the Committee that St.
Mark’s High School is one that staff have been reviewing because of concerns
raised by parents in the safety of the students that are crossing at the signal
at Dowswall Street. Staff surveyed the
speeds in the area and they are almost the same as the posted limit, which is
quite exceptional. Staff are continuing
to monitor at this particular school, which will be a two-year pilot project
for a reduced school zone that will include flashers. The parent-council will be involved with this as well as
Councillor Thompson. There is
approximately six schools in the rural area that have flashers (North Dundas,
Kempville, Russell Township, Bourget, Alma).
The cost of the project will range from approximately $10,000 a pole,
which will be coming from the safety budget.
Councillor
Thompson thanked Mr. Carmody for all the work he has done. He advised the Committee that additional
funding should be looked at for the Traffic Assessment staff. He equally felt that this is an important
issue and drivers should use extra caution when stopping for buses. If the speed zones regulations are
standardized, people will learn to reduce their speed.
In response to
Chair Jellett inquiry on the timing of the report, Mr. Carmody responded that
the report would be ready in late September or early October. The draft report would expand to include the
adult crossing guard program to an extensive research on speed zones for
schools in other rural municipalities.
Staff also included the 700 km of gravel roads in rural areas and how
they would be addressed.
Klaus
Beltzner previously sent his presentation by e-mail to the Committee. He thanked Mr. Carmody for his diligence and
hard work on this issue. He specified
that information on the City’s website regarding roads safety statistics,
mainly with respect to collisions, seems to be inaccurate. Ottawa has a
challenge and duty to protect young people as well as cyclists. More schools are discontinuing the bus
programs, therefore kids will be cycling and walking to school. He referenced Nova Scotia that has doubled
the speeding fines to $330 dollars in the school zones. There are two Provinces in Canada that
enforce a 30 km speed zone for school areas and playgrounds. When drivers in British Columbia and Alberta
see the signs, they slow down as they have been conditioned to those
times.
He spoke on the
recommendation which is to ask for a friendly amendment to Thompson’s motion to
include a review of the benefits to a 30 km zone as implemented and to
establish community safety zones near schools and public areas, including parks
and sports fields and publicize doubling speeding fines in these zones. Ontario laws allow this to happen so Ottawa
only needs to implement it.
Chair Jellett
referred to staff to respond to the delegate.
Mr. Carmody confirmed that a good portion of Mr. Beltzner’s suggestions
would be implemented. The Province of
Ontario allows a 20km reduction in the speed limit for school zones so if it is
an 80km, it can be reduced to 60km, 50 km to 30 km.
Councillor
Thompson inquired if the policy would reference other municipalities’
policies. Mr. Carmody confirmed that
the report would include a number of references.
Moved by Councillor
Thompson,
That the
Agriculture and Rural Affairs Committee consider the following motion:
That Traffic and Parking Operations
staff be directed to review the criteria for designating reduced speed zones in
school zones in rural areas.
CARRIED
INFORMATION PREVIOUSLY DISTRIBUTED
INFORMATION DISTRIBUÉE AUPARAVANT
a. Response to Council Motion 30/13 -
Paramedic and Fire Response Times to
the South End of Long Island at Peak Hours
Réponse du Conseil à la motion 30/13 -
délais d’intervention des services Paramédic et
d’Incendie à l’extrémité sud de Long Island aux
heures de pointe
ACS2008-CPS-DCM-0004-IPD (RIDEAU-
GOULBOURN WARD 21)
Appearing before
the Committee on this item were Allan Matthews, Sector Chief and Paul Hutt,
Sector Chief for District 9. Sector
Chief Matthews provided a preliminary explanation of the response times
to the south end of Long Island during peak hours. He outlined the 2007 statistics, which showed that 36 calls were
taken with four of those responses going to South Island at various times of
the day. The following provides a more
defined description of each call:
·
8:00 – Five minute response to Van Vliet
·
11:56 - Six minute response time to South River Drive
·
17:48 – Five minute and 25 seconds to South Island Park
Drive
·
21:00 - Four minute response time to South Island Park
Drive
He believed that
the increased volumes on the bridge would have little or significantly low
impact on the response times. Further,
staff ran scenarios utilizing the Station Location Modelling Program. This
program allowed staff to gain more information by using various distances
within a district at different times with a variety of factors that may affect
response times. It also provided statistics
with respect to the back up station at Earl Armstrong Road in Barrhaven, which
were also able to get to South Island within nine minutes.
In response to
questions from Councillor El-Chantiry, Sector Chief Matthews advised that there
is minimal impact on the response times since they have the ability to get
around the traffic and he added that the bridge is wide enough to get through
even if there is traffic on both sides.
Brian Tansley
advised that he submitted a request for information through the RIAC regarding
emergency services provision, not only for South Island, but for all of the
Village of Manotick. He believes that
the level of service on Bridge Street is approaching unacceptable levels of
service especially during peak hours and is gradually extending with time so
that traffic is jamming access to the island.
Notwithstanding the statistics, the residents continue to be concerned
regarding the trend, which shows there are significant times during the peak
periods (being during weekdays and/or weekdays) when the bridges are blocked. In his opinion, there is no way that
emergency vehicles could get across the bridge in any direction. His primary concern is that he does not
believe access to paramedic, fire and police services is going to continue
effectively at the present rate, given the traffic intensity that they have
observed.
In
response to a question by Councillor Thompson, Sector Chief Hutt advised that
one of the studies currently being reviewed is the old deployment model. Regardless of the incident, they would have
resources covering the area. He added
that Manotick also has a volunteer fire department, including residents living
throughout the community who offer updates to the fire department and the Chief
officers.
Sector Chief
Hutt advised that Fire Services continuously works closely with the Emergency
Measures Services and Police Services so if it is a matter of shutting down an
intersection to improve a response time, those resources are there to be used.
Mr. McKinley
informed the Committee that he was involved in helping the Manotick Community
Association when this request for information was put forward. He noted that staff did not answer the
question that was put forward, which is quoted as “Could you please determine
whether during peak times, if the bridge represents an impediment that would
delay response times to an unacceptable level.” The idea being that it might be of some assistance to staff and
provide justification to redirect commercial traffic to other more appropriate
locations. For the people who live
there and see conditions during peak times, trucks backed up for several miles
and moving in neither direction, it does not make sense that one single
response at 8 am represents a fair assessment of the question.
Councillor
Jellett thought that the delegate had a valid point, since Council had asked
that a staff report go back to TRC on this issue.
Sector Chief
Matthews responded that he was a sector chief for that area for four years and
Sector Chief Hutt has been responsible for that area since that time and in his
experience, there has not been a time when fire trucks have been unable to pass
along that bridge. He explained that
when vehicles are parked or waiting for traffic lights and they are following
one behind the other, they move over to the side to allow an emergency vehicle
that is en route to a scene to by-pass them.
In the same way that traffic moves downtown, vehicles move to the side,
allowing fire trucks to pass down the middle in case of emergency.
Chair Jellett
emphasized that the increase in commercial vehicles could in fact cause a
problem in the future.
Councillor
Brooks noted that it was his motion that asked staff to proceed with a study to
see if trucks can be relocated to other routes. He suggested having fire drills at peak hours in order to prove
the theory. Sector Chief Hutt agreed
with Councillor Brooks and referred to his suggestion as a Priority One
response, although he felt Legal would probably suggest that it is not a likely
thing to do. He suggested doing dry
runs (no lights or sirens) during peak times.
He added that EMS also regularly do dry runs during peak times.
RECEIVED
“OPEN MIKE” SESSION
« TRIBUNE
LIBRE »
CARP RIVER MUNICIPAL DRAIN
Ted Cooper circulated a handout to the
Committee that included the following attachments: (His presentation and attachments are held on file with City
Clerk)
Attachment 1
- a city map highlighting the proposed municipal drain,
Attachment
2a) - a 1910 decision of the Ontario Drainage Court,
Attachment 2b)
- a copy of the 1909 Ontario of Appeal decision that a firm the point of
sufficient outlet is downstream of the Village of Carp,
Attachment 3
– maps showing land use conditions in the Carp River watershed in the years
1909, 2006 and projected in 2031,
Attachment 4
– two pictures of the Carp River (north and south) upstream of the Village of
Carp on April 9, 2008.
Mr. Cooper
reminded the Committee that he attended the ARAC meeting on May 8 and heard
some conflicting comments regarding the status of the Carp River as a municipal
drain. He elaborated that during the
meeting when Councillor El-Chantiry asked whether the Carp River was considered
a municipal drain, Mr. Marc, Senior Counsel commented that an exhaustive search
had been undertaken and there was no such reference or evidence found that it
was a municipal drain. Prior to the May
8th meeting, Mr. Cooper spoke to Dave Ryan, the Drainage
Superintendent and Marc Gagné, Municipal Drainage Project Coordinator who
indicated that they had undertaken additional research and found several
relevant documents, most importantly a borderline by-law for the drains
construction. They also spoke to a
retired OMAP manager and based on his opinion, the thought was that if this
matter was brought to the court of the Ontario Drainage referee, there is a
good chance that the finding would be that it is a municipal drain.
Mr. Cooper also
brought copies of John Harrison-Moore Drainage Engineer’s drawings, showing the
proposed Carp River municipal drainage improvements. He referred to attachment 3 and advised that the percentage of
urban land uses in the watershed to Richardson Side Road would have grown from
zero per cent in 1909, 47 per cent in 2006 and 68 per cent in 2031. It should be apparent that urban development
would add to the flooding problems in the rural area downstream of Richardson
Side Road where the proposed improvements to the Carp River are presently
planned to be terminated.
There has been
considerable community design planning both for the Village of Carp and the
Carp Road corridor. He referred to the
photos of the flooding shown in attachment 4, which seems to occur for extended
periods of time. This situation could be
aggravated by further drainage improvements in the upstream urban watershed in
increased urbanization.
He reflected
that in the early twentieth century, it appeared that there was considerable
disagreement amongst the neighbouring townships over the issue of drainage and
who should pay to make sure drainage continued to a sufficient outlet, so much
so that the issues were disputed all the way to the Ontario Court of
Appeal. One hundred years later, the
evidence is that there are drainage problems along the Carp River that extend
well beyond Kanata West in the urban boundary.
Yet, in the amalgamated city, committee reports on the subject raised
barely a ripple of concerned that downstream rural residents could be affected
by the significant urbanization that continues upstream based on the results of
the studies funded largely by land development interests.
On April 23,
Auditor General Alain Lalonde, when commenting on the need for the City to
address shortcomings in the Carp River related projects stated “it’s not a
matter of cost, it’s a matter of obligation.
It’s something the City must do.”
He submitted that the same comments apply to determining the status of
the Carp River as a municipal drain. He
prepared a number of questions that he wished to pose to the Drainage
Superintendent Dave Ryan, which are as follows:
1. What
the consequences to the City be if work were to proceed outside the drainage
act, i.e. through the ongoing Class EA process and it was later determined the
Carp River was in fact a municipal drain.
2. Does
the Drainage Act allow for works to be done in an environmentally sensitive
manner. Our Drainage Act works subject
to the Fisheries Act because there has been some concern or suggestion that
there is a higher bar set by a Class EA process when in fact in his experience
is that in theory, the applicable legislation applies the same way.
3. Does
the Drainage Act allow for some flexibility in assessing costs i.e. to MTO to
the urban area where much increase run off volumes are coming from versus the
rural area. In other words, should
rural residents on the watershed have a concern that they will be saddled with
more than their fair share of the cost to extend the restoration work
downstream to the Village of Carp.
Councillor
El-Chantiry observed that it appeared to be two different opinions and
referenced the delegate’s first question to staff. Chair Jellet advised that the appropriate staff was no longer
present at the meeting and reminded the Committee that Mr. Marc, Senior Legal
Counsel prepared and sent a response to ARAC and the delegate earlier in the
day.
Christine Enta,
Legal Counsel, offered to answer questions of a general nature relating to the
legislation and advised that the adjacent owners to the land in question could
challenge the status of the municipal drain.
CARNIVALS
Wayne Van de
Graff provided a preview of what the Committee would be hearing at a future
meeting. He explained his intention of
turning his property into world-class tourism event; a 1930’s carnival with a
circus style performance. He
distributed copies of a conceptual drawing outlining the attractions and
provided the schedule of the event, being August 1 through September 6. Two rides, a 1917 ferris wheel, the oldest
one in North America and brought up to modern safety standards, and an
old-fashioned carousel, have created the need for a temporary zoning
application for an amusement park, which will be considered at ARAC on June
27. He advised that this would help
create jobs for the local community and added that the local BIA is in support
of the idea.
Bob McKinley
advised that he is not in support of this idea and believed that other
neighbours feel the same way. Some
residents have collectively retained Ms. Cathleen Willis to represent their
position, which was put forward to staff that is not supporting this application
because it does not conform to the City’s Official Plan and also violates a
number of provincial policy statements.
He strongly suggested to Mr. Van de Graff to establish a dialogue with
their consultant to discuss common concerns that may be resolved prior to the
June 27 meeting.
MILL QUARTER
CORPORATION
Margo
Belanger Chair, Dickinson Square Heritage Management Inc. (DSHMI) and Bonnie
Gray, President of Watson’s Mill, Manotick Inc. distributed copies of her
presentation which is on file with the Clerk.
Ms. Belanger provided some background on the creation of the Manotick
Mill Quarter Corporation. On November
28, 2007, City Council approved the creation of the Corporation when it agreed
to purchase buildings and grounds around Dickinson Square with the exception of
Watson’s Mill, which will be sold for one dollar to Watson’s Mill Manotick
Inc. The Board of Directors are members
of the Agriculture and Rural Affairs Committee, although the purpose for their
presentation is to request that two seats be added on the Board for DSHMI and
Watson’s Mill Manotick Inc. Ms.
Belanger explained that DSHMI is a coalition of eleven community-based
organizations in the Village of Manotick who have used the square over the last
number of years for activities. The
organizations range from the Manotick BIA, Watson’s Mill and the Rideau
Historical Society. They would like to
work with the City and the Mill Quarter Corporation to voice Manotick’s needs
and concerns and feel they can serve the interests of the community by sitting
on the Board.
Ms. Gray added
that the intent was that the Manotick Mill Quarter Board would be formulated
for 2 years and then there would be a movement toward another way to manage the
Square. Her understanding was that the
City would review the report that Watson’s Mill prepared on the original
business plan which would include an option that Watson’s Mill take over
managing the Square eventually.
Moved by
Councillor Brooks
That a
representative from each of the following be appointed to the Manotick Mill
Quarter Management Board:
a)
Dickinson Square Heritage Management Inc.
b)
Watson’s Mill Manotick Inc.
CARRIED
DICKINSON
SQUARE AFFAIR
Noel Norenius
from the Manotick Community Association (MCA) reviewed the documentation and
had concerns about their interpretation of full representation of the community
through DSHMI and WMMI. He believed
that the expenditure of approximately $2.5 million appeared to be heavily
weighed towards two or three particular groups. It is the Manotick Community Association’s belief that there
should be a broader input provided from the community as a whole.
He added the
buildings would not necessarily all be historical buildings in terms of how
they might possibly operate in the future.
They have concerns on public performances or cultural affairs such as Theatre
in the Park, which they helped organize for the past three years. This is posing a problem because no one
seemed to be able to legally give them permission to use those particular
premises. His question prior to the
motion that was approved was to find out about the process and he asked if
there would be a formal board meeting that would be open to the public. Mr. Norenius added that ARAC previously received
a request from President of the MCA to have representation on the Board.
Chair Jellett
referred to the Rural Affairs Officer to respond to the delegate. Mr. Moodie advised the proper branch to
follow up on this issue would be the Real Property Asset Management Branch
(RPAM). Chair Jellett agreed to
re-direct the issue to RPAM.
REGULATIONS
DEALING WITH ENDANGERED SPECIES OF ONTARIO
Bob McKinley
circulated information to the Committee regarding regulations dealing with
endangered species of Ontario. He
reminded Councillors when the Province was putting forward regulations to
enforce the Clean Drinking Water Legislation, Ottawa became very effective in
tempering the impact of this regulation to the extent that it became
acceptable. He believed this situation
was similar.
Mr. McKinley
briefly reviewed the documents and commented that he had never read anything
more draconian in his 32 years in dealing with the law. He reminded Councillors that this is an
enforcement document that would be administered with the administrative
discretion of the Ministry of Natural Resources staff. Enforcement officers are empowered to enter
upon private property without the benefit of a search warrant or a court
order. They are entitled to arrest
individuals without the benefit of a warrant and retain them in custody, as
well as charge employers of employees who are found breaking the Act, with the
onus of proof being on the part of the employer to disprove his/her guilt by
attesting they had no knowledge of the offence by the employee.
He added that the
scope of the legislation goes well beyond the similar federal legislation in
that it applies to almost 140 separate living things that used to be restricted
primarily into creatures, but is now extended into flora and fauna to include
things like American ginseng. Habitat
is defined to be just about anything where a species may derive its ability to
continue. There are major implications
for the farming community across the Province to the extent that the Ministry
of Agriculture and Rural Affairs have issued a cautionary bulletin to the
community asking that people who may have an interest in this issue make a
presentation to temper the implications of this regulation. The Minister is limited with respect to appointing
very select types of individuals to the committee due to the restricted terms
of reference. He urged the Committee to
take this into account and advised that Ottawa can take a constructive approach
in dealing with this and provide timely input.
Councillor
Brooks thanked the delegate for his research and time. The Councillor voiced his opinion and asked
why Council always has to step up and support or defend provincial
regulations. He encouraged the Committee
to communicate with the Minister and that they hold a public meeting to engage
in dialogue with local farmers and those affected.
Mr. Moodie
advised that his office was notified that the deadline for comment was June 16
and added that the legislation is coming on board as of June 30, which will
replace the 2002 version of the Endangered Species Act.
Chair Jellett
echoed Councillors Brooks suggestion and suggested getting Legal Services’
input when writing a letter to the Minister.
INQUIRIES
DEMANDES
DES RENSEIGNMENTS
FOLLOW-UP
INQUIRY RE: LEAF & YARD WASTE – D. THOMPSON
Anne-Marie
Fowler, Manager of Solid Waste Operations spoke on the staff response to
Councillor Thompson’s inquiry for leaf and yard waste service and the reduction
in service in the rural, non-village areas.
She explained that staff reviewed the concerns from residents with the
majority being in the West Carleton area, with a number of different concerns
in Councillor Brooks and Thompson’s ward.
Unfortunately there was lack of communication to residents with respect
to this budget reduction issue, which was somewhat confusing and frustrating
for the residents. She added that the
previous calendar sent to residents showed the pick up dates were still in
effect even though public service announcements and flyers advised the public
of the change.
Ms. Fowler
suggested having two pick-ups in the spring and twice in the fall and added
that the cost of the two additional pick-ups would be approximately $20,000
dollars.
Moved by
Councillor Thompson,
That the Agriculture and Rural Affairs Committee recommend that Council
direct staff to increase the service level in the Spring and the Fall which can
be achieved by adding one additional collection each season, resulting in one
collection at the end of April, one collection at the end of May, one
collection at the end of October and the final collection to be November 10,
2008 for the additional cost of $10,000 per collection. This would lead to a budget pressure of
$10,000 for 2008, which can be offset by increases in revenues for recycling
within the Solid Waste Operating budget.
CARRIED
In response to a
question by Councillor El-Chantiry, Ms. Fowler responded that staff are
committed to sending out information to residents on how to build their own
composters.
Councillor
Thompson suggested distributing the leaf and waste calendar pick-ups for the
calendar year so that residents would be informed ahead of time. Ms. Fowler agreed to discuss with Canada
Post.
OTHER
BUSINESS
AUTRES
QUESTIONS
ADJOURNMENT
LEVÉE DE
LA SÉANCE
The meeting
adjourned at 10:10 p.m.
Original signed by Original
signed by
C. Langford Councillor
R. Jellett
Committee Coordinator Chair
