1. rural summit - Planning and Environment Committee revised Terms of Reference

sommet rural - Mandat rÉvisÉ du Comité de l’urbanisme et de l’environnement

Committee Recommendation

That Council approve the Committee’s Terms of Reference as outlined in

Document 1.

Recommandation du comitÉ

Que le Conseil municipal approuve le mandat du Comité décrit dans le document 1.

Committee Review Date / Date d’examen par le Comité

28 March 2006 / 28 mars 2006

Present / Présences :

Chair / Président : P. Hume

Vice Chair/vice-présidente : P. Feltmate

Members / Membres : G. Bédard

M. Bellemare

A. Cullen

J. Harder

D. Holmes

G. Hunter

B. Monette

Documentation

1. Chief Corporate Services Officer’s report dated 20 March 2006 (ACS2006-CRS-CCB-0022)

2. Extract of Minutes, Planning and Environment Committee, 28 March 2006.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

20 March 2006 / le 20 mars 2006

Submitted by/Soumis par : Greg Geddes, Chief Corporate Services Officer/

Chef des Services généraux

Contact Person/Personne ressource : M. Rick O'Connor, City Solicitor

Legal Services/Contentieux

(613) 580-2424 x21215, Rick.OConnor@ottawa.ca

City Wide

Ref N°: ACS2006-CRS-CCB-0022

SUBJECT:	RURAL SUMMIT - REVISED TERMS OF REFERENCE

OBJET :	Sommet rural - Mandat révisé

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council approve the Committee’s Terms of Reference as outlined in Document 1.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil municipal d’approuver le mandat du Comité décrit dans le document 1.

BACKGROUND

In January 2005, Mayor Chiarelli announced that the City of Ottawa would host a Rural Summit to identify ways in which the City could improve how it delivers services to its rural constituents. In preparation for the two-day event, six sub-committees were formed to research, investigate and develop options for solutions that could be considered by the participants attending on Day Two of the Rural Summit. The Governance Sub-Committee was established to identify realistic and practical governance options including modifications to both the City of Ottawa’s political infrastructure and its administrative implementation of policy. The Sub-Committee focused its efforts on identifying various options which recognized rural residents as valuable members of the City of Ottawa.

Of great importance to the Governance Sub-Committee was the strengthening of the Agriculture and Rural Affairs Committee by enhancing its existing Terms of Reference. In an effort to decentralize policy development for non city-wide issues in the rural areas and to improve consultation on any new or revised policies or services impacting the rural community, the Sub-Committee recommended that the Terms of Reference be expanded to include additional areas of policy development and service delivery that affect rural communities of the City of Ottawa. On November 19^th, 2005, Day Two of the Rural Summit, participants endorsed the recommendation of the Governance Sub-Committee, indicating that a strengthened Agricultural and Rural Affairs Committee was a high priority for the participants. In the aftermath of the Rural Summit, the Mayor announced the creation of a Rural Summit Task Force. Briefly, one of the key functions of this group was to move forward the governance agenda and, in particular, the revisions to the Agriculture and Rural Affairs Committee’s Terms of Reference. In its budget report submitted to City Council on December 9^th, 2005, the Rural Summit Task Force identified the recommendation of the Governance Sub-Committee as a priority to be funded out of the $1.9 million allotted for Rural Summit initiatives.

As a consequence of the Rural Summit Task Force recommendations, enhancements to the Agriculture and Rural Affairs Committee’s Terms of Reference have had a corresponding impact on the Terms of Reference of other Standing Committees of Council. Generally speaking, the Agriculture and Rural Affairs Committee will be dealing with policy issues with a distinct rural component or impact in the rural areas as identified in Schedule A of the City of Ottawa’s Official Plan and defined as follows: that ‘part of the City not intended for urban development’, which ‘contains a number of important natural resources and is characterized by the dominance of the natural rather than the built environment’. Language has been incorporated into the Terms of Reference to reflect the division of urban/suburban and rural planning and environment issues.

In addition to the impacts of enhancements to the Agriculture and Rural Affairs Committee, there are various housekeeping items that have been previously approved by Council and have been included in the revisions to the Terms of Reference for all Standing Committees including the following:

Approval of the Annual Budget

On 28 September 2005, City Council enacted and passed the Procedure By-law, being By-law No. 2005-431, which stipulated that the annual budget shall be considered by the Committee of the Whole and not by the various Standing Committees of Council. This specific amendment had originally been in place in December 2004 for Council’s debate on the 2005 Budget process. As a result, the Terms of Reference provision respecting the authority and approval process for Standing Committees to review and recommend the annual operating and capital budgets for their respective departments/branches is no longer correct. What remains within the purview of the Standing Committee is the ongoing authority to review and approve budget adjustments within existing funding envelopes for the relevant departments/branches.

Corporate Restructuring

At its meeting on 11 February 2004, City Council considered a report from the Acting City Manager entitled “Budget 2004 – Opportunity Log – Corporate Restructuring”, and approved a number of recommendations concerning the reorganization and realignment to the Corporate Structure. Further, on 26 May 2004, City Council approved additional changes to the City’s organizational structure including the realignment of senior management (i.e. General Managers become “Deputy City Managers”). As a result, the Terms of Reference for all Standing Committees have been revised in order to reflect the existing corporate structure.

DISCUSSION

As a result of the initiatives or amendments previously approved by Council, either through endorsing the recommendations of the Rural Summit Task Force or as part of the Corporate Restructuring in 2004, staff have undertaken a review of the Terms of Reference for each Standing Committee. The Planning and Environment Committee is particularly impacted by the proposed enhancements to the Agriculture and Rural Affairs Committee Terms of Reference with respect to rural planning matters. In effect, the changes would mean that all rural planning matter would rise directly to the Agriculture and Rural Affairs Committee.

Should Council approve these changes, it is acknowledged that the division of planning matters between urban/suburban and rural is not likely one that will be easily achieved. In effect, many planning and environment issues will continue to be considered city-wide and addressed accordingly. Broadly speaking, those issues that have significant, city-wide implications will continue to report through the appropriate Standing Committee. Where possible, however, the Rural Issues Advisory Committee should be consulted to identify or evaluate any rural implications. Items with an overlapping impact or distinct rural implication should be dealt with, as much as possible, through joint meetings. Given the potential difficulty of dividing urban/suburban and rural issues in some cases, departmental staff and the City Clerk’s Office will endeavour to make use of the upcoming six-month period (from May to October 2006) to establish a routine for distinguishing between these types of issues.

Summary of Proposed Amendments

The proposed amendments that are summarized below have been highlighted in the attached document for ease of reference:

· Revised Department and Branch titles;

· The Planning and Environment Committee will be responsible for items emanating from the two urban panels of the Committee of Adjustment;

· On planning matters, the Planning and Environment Committee will be responsible for those matters within the urban and suburban parts of the City; and

· In accordance with the Municipal Addressing By-law, being Bylaw 2005-322, the Director of Building Services is delegated the authority to: approve the naming of a highway; approve the change in name of a highway; assign civic numbers; and, change civic numbers.

CONSULTATION

The Chair of the Planning and Environment Committee was notified and consulted with respect to this Terms of Reference review. Additional consultation took place with the City Solicitor, the City Clerk, the Financial Services Branch, the Planning and Growth Management Department, the Public Works and Services Department, and the Committee of Adjustment. As this is an internal, administrative matter, public consultation was not conducted.

FINANCIAL IMPLICATIONS

There are no financial implications with respect to this report.

SUPPORTING DOCUMENTATION

Document 1- Revised Terms of Reference (amendments in bold and italic font)

DISPOSITION

Upon approval of this report by City Council, the Terms of Reference will become the mandate and governing authority for the Planning and Environment Committee and the City Clerk’s office will implement same.

DOCUMENT 1

PLANNING AND ENVIRONMENT COMMITTEE

Terms of Reference

Planning and Environment Committee: 28 March 2006

City Council: 26 April 2006

The Planning and Environment Committee is responsible for ensuring the enforcement of the City of Ottawa’s Official Plan [excluding those areas within the City’s rural areas, as defined in Schedule “A” of the City’s Official Plan (Document 1)] through the investigation of physical, social, economic and environmental conditions in the development and implementation of the Official Plan, and by making recommendations on issues relating to Building Services; Planning and Infrastructure Approvals; and Planning, Environment and Infrastructure Policy where applicable.

The Committee is also responsible for the provision of overall guidance and direction in the areas and issues relating to utilities (i.e. water, wastewater and solid waste) and piped services, environmental protection, including water supply, solid waste management and disposal and water pollution control. The Committee will provide overall guidance and direction in the areas of the administration and maintenance of open spaces, trees and the Urban Forest (not including parks and sports fields), and to the Environmental Sustainability Division for items within the mandate of the Committee and environmental policy issues.

MEMBERSHIP

Membership of the Planning and Environment Committee shall consist of nine (9) members of City Council, appointed by the Nominating Committee and approved by City Council. The Mayor is an ex-officio member.

GENERAL RESPONSIBILITIES

The Planning and Environment Committee shall:

Be responsible directly to Council for those items emanating from:

a) the Planning and Growth Management Department;

b) the Utility Services Branch and Infrastructure Services Branch (on items related to piped services) of the Public Works and Services Department;

c) the Surface Operations Branch of the Public Works and Services Department on items related to the administration and maintenance of open spaces, trees and the Urban Forest (not including parks and sports fields);

d) the Legal Services Branch of the Corporate Services Department with respect to matters before an administrative tribunal or the courts, which are of a planning nature or subject to the Ontario Building Code Act;

e) advisory committees that are within the area of responsibility of the Planning and Environment Committee; and

f) the two urban panels of the Committee of Adjustment.

2. Be responsible for:

a) the administration and maintenance of open spaces (not including parks or sports fields);

b) the administration and maintenance of trees and the Urban Forest, including street trees;

c) making recommendations to Council on environmental policy issues (i.e. waste management, water quality, climate change, landfill, open spaces, trees, etc.)

d) the Community Environmental Grants Program; and

e) responding to federal and provincial environmental initiatives affecting Municipal Operations and Surface Water Quality.

3. Provide overall guidance and direction to the Planning and Growth Management Department, to the Utility Services Branch and the Infrastructure Services Branch (on items related to piped services) and the Surface Operations Branch of the Public Works and Services Department, on items related to the administration and maintenance of open spaces and the Urban Forest (not including parks and sports fields).

4. Provide overall guidance and direction in areas of water supply, solid waste management and disposal and water pollution control.

5. Monitor the associated activities and implementation of programs and projects of the Planning and Growth Management Department, to the Utility Services Branch and Infrastructure Services Branch (on items related to piped services) and the Surface Operations Branch of the Public Works and Services Department, on items related to the administration and maintenance of open spaces and the Urban Forest (not including parks and sports fields).

6. Long term planning (capital programs) for Open Spaces, Trees and the Urban Forest as within the context of development applications and official plan policies.

7. Ensure active public participation by receiving delegations from the public, and holding public hearings as required by statute and Council.

8. Subsequent to the approval of the budget, review and approve all operating and capital budget adjustments that are within the existing funding envelopes of the Planning and Growth Management Department (exclusive of the Economic Development and Strategic Projects Branch) and inclusive of fleet and real property (new, renovations, major rehabilitation) capital projects falling under the responsibility of this standing committee); (ii) the Public Works and Services capital projects related to water and sewer growth; (iii) the Utility Services Branch, the Infrastructure Services Branch (on items related to piped services) and the Surface Operations Branch (relating to the administration and maintenance of open spaces, trees and the Urban Forest) of the Public Works and Services Department (inclusive of fleet and real property (new, renovations, major rehabilitation) capital projects falling under the responsibility of this standing committee),

9. Subsequent to the approval of the budget, consider, for recommendation to Council:

a) the policy direction and prioritization, but not the funding requirements, of new matters which are within the Committee’s mandate; and

b) matters which were not previously approved, but can be accommodated within the applicable departmental existing capital or operating budgets.

10. Recommend to Council proposed by-laws that are under the Committee’s jurisdiction.

11. Pursuant with the Delegation of Authority By-law (Section – Conferences and Conventions), approve Councillors travel and attendance at conferences that are related to the Committee’s mandate.

12. Review and recommend to Council revisions to the Planning and Environment Committee Terms of Reference, as required.

13. Review and recommend to Council matters related to Advisory Committees under the Standing Committee’s responsibility, such as but not limited to the Advisory Committee membership, the Terms of Reference, annual work plans and reporting, and funding requests.

14. Recommend to Council City of Ottawa participation in federal or provincial cost-sharing programs or employment incentive programs for matters within the mandate of the Committee.

SPECIFIC RESPONSIBILITIES

Planning

Objectives

To ensure the proper investigation and survey of the physical, social, economic and environmental conditions in relation to the development and redevelopment of the City of Ottawa.

Guidance and Direction

The Planning and Environment Committee, as a complement to the Agriculture and Rural Affairs Committee, and without limiting the generality of the objective, shall be responsible for:

· preparation of maps, drawings, texts, statistical information and any other material necessary for the anticipation of issues and solution of problems affecting the development, or redevelopment of the City of Ottawa;

· holding public meetings and publishing information to encourage the participation and co‑operation of the inhabitants of the City of Ottawa in the anticipation of issues and solution of problems, or matters affecting the development, or redevelopment of the City;

· consultation with any applicable local board having jurisdiction within the City of Ottawa;

· making recommendations to City Council with respect to environmental planning issues related to the mandate of the Planning and Environment Committee;

· making recommendations to City Council respecting matters designed to ensure that the City of Ottawa’s Official Plan remains up‑to‑date;

· making recommendations to Council related to the delegation by the Ontario Ministry of Municipal Affairs, as set out in the Planning Act, of those matters not delegated to staff;

· reviewing and making recommendations to City Council concerning other planning matters of the City, including neighbourhood area studies, special studies, aerial photography and mapping, development control matters and planning policy matters;

· making recommendations to City Council on appointments to the urban panels of the Committee of Adjustment;

· when applicable, receiving reports on staff action, including approval functions delegated by Council, for the following matters within the urban and suburban areas of the City:

· subdivision and condominium applications;

· extensions of draft plan approvals;

· site plan control applications;

· approval of zoning by-laws;

· land severance applications and minor variances granted by the two urban panels of the Committee of Adjustment;

· Official Plan amendments;

· street openings and closings;

· street name changes;

· municipal addressing;

· administration and enforcement of the Ontario Building Code;

· 30 cm reserves;

· lifting of Holding Provisions;

· signs by-laws, variances and amendments; and

· cash-in-lieu of parking agreements.

The Planning and Environment Committee shall also be responsible for recommending to Council, any proposed action which is at variance with action taken by staff pursuant to delegated authority.

Utilities

Objectives

To ensure the provision of overall guidance and direction in areas of environmental protection, including water supply, solid waste management and disposal, and water pollution control.

Guidance and Direction

The Planning and Environment Committee shall be responsible for:

· ensuring the co-ordination of planning and decision making in the area of Utilities;

· making recommendations to City Council with respect to priority policy issues within the mandate of the Committee;

· monitoring the activities and the implementation of the Utility Services Branch programs and projects;

· reviewing and revising, if necessary, staff comments and recommendations on environmental initiatives as proposed by the federal and provincial governments;

· exercising other specific responsibilities set forth by relevant statutes and City Council;

· ensuring co-ordination and consultation with committees and departments where responsibilities overlap on issues of environmental protection and on issues relevant to the mandate of more than one committee;

· reviewing, revising if necessary and recommending approval of operational programs for the maintenance of the existing and proposed infrastructure in accordance with the policies of the City of Ottawa;

· recommending to Council the preparation of the environmental study report, the Environmental Assessment Board Hearing and the implementation of the Master Plan recommendations with respect to the Waste Management Master Plan; and

· providing comments on Certificates of Approval for waste facilities circulated by the Ontario Ministry of the Environment.

Housing

Objectives

To oversee and provide guidance on housing issues within its mandate (i.e. issues other than social housing, supportive housing and homelessness).

Guidance and Direction

The Planning and Environment Committee shall have the authority to investigate housing issues that do not fall within the mandate of the Health, Recreation and Social Services Committee (i.e. issues other than social housing, supportive housing and homelessness) and recommend to City Council housing policy for the Official Plan based on:

· researching housing requirements of the City and preparing housing targets;

· keeping informed of federal and provincial housing policies and other related policy initiatives;

· receiving reports on the periodic review and evaluation of the housing situation in the City;

· receiving reports on the implementation of the City of Ottawa Official Plan housing policy; and

· matters designed to ensure that the City of Ottawa Municipal Housing Statement remains up‑to‑date.

Open Spaces, Trees, The Urban Forest And Environmental Protection, Etc.

Objectives

To ensure the provision of overall guidance and direction in regards to the administration and maintenance of open spaces (not including parks and sports fields), trees, including street trees, and the Urban Forest.

Guidance and Direction

The Planning and Environment Committee shall be responsible for:

· reviewing, revise if necessary and recommend approval of operational programs for the maintenance of open spaces, trees and the urban forest in accordance with the policies of the City of Ottawa;

· encouraging a high standard of private forest management and monitor the application of any tree by-laws enacted under the Municipal Act and other relevant legislation;

· making recommendations to City Council with respect to priority policy issues within the mandate of the Committee; and

· ensuring co-ordination and consultation with committees and departments where responsibilities overlap on issues of environmental protection of open spaces, trees and the Urban Forest and on issues relevant to the mandate of more than one committee.

Legal Services

The Planning and Environment Committee shall have the authority to hear briefings on litigious matters of a planning and development nature and to give direction to the City Solicitor on such matters.

Receive Delegations

The Planning and Environment Committee shall have the authority to receive and hear delegations on matters affecting general land use planning in the City of Ottawa and to hold public hearings, as required by the Planning Act and the Municipal Act.