Town of Whitchurch-Stouffville Council Agenda Tuesday March 6, 2018 7:00 PM
Council Chambers 111 Sandiford Drive
Please ensure cell phones are turned off or set to be silent. Council Meetings will be audio-recorded and made available online.
Speakers may only register to speak to Staff Reports listed on the agenda.
Chair: Mayor Altmann Page
1. Call to Order
2. Roll Call
3. Introduction of Addendum Items
1. Memorandum from Deputy Director, Development Services, re: Housekeeping Changes to By-law Number 2018-028-ZO and Staff Report DS-006-18
4. Confirmation of Agenda
1. To confirm the agenda
That Council confirm the agenda, as circulated.
5. Declarations of Pecuniary Interest
6. Adoption of Minutes
8 - 14 1. To adopt the minutes
That Council adopt the minutes from the regular meeting of Council on February 20, 2018, as circulated.
7. Recognitions
8. Delegations/Petitions Delegates may speak for up to 10 minutes of uninterrupted time and only on the matter indicated on your delegation request form.
Page 1 of 226 Council Agenda March 6, 2018
As per the Town Procedural By-law, when addressing Council, the speaker shall be respectful of all persons and refrain from entering into cross debate with members of Council, Town Staff and members of the audience.
Following the delegation, Council members may ask questions to obtain additional information or seek clarification from the speaker but shall not make statements to or enter into debate with the speaker.
Once the question period is deemed complete by the Chair, Council members will deliberate the matter at hand without interruption.
Delegations will not be allowed to interrupt the Council decision making process.
15 - 23 1. 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Effective Speaking Competition - Captain Scott Harvey, CCD and Joanne Hodgins
To present a brief update to Council on the squadron activities and request assistance in hosting our zone effective speaking competition on April 7, 2018.
9. Outside Presentations/Information from Town Advisory Committees Speakers may not register to speak to Outside Presentations.
24 - 66 1. Annual and Final Integrity Commissioner Report - Suzanne Craig
10. Consent Agenda Speakers may speak for up to 5 minutes of uninterrupted time and only on the matter pertaining to the report.
As per the Town Procedural By-law, when addressing Council, the speaker shall be respectful of all persons and refrain from entering into cross debate with members of Council, Town Staff and members of the audience.
Following the address, Council members may ask questions to obtain additional information or seek clarification from the speaker but shall not make statements to or enter into debate with the speaker.
Once all speakers have been heard, Council members will deliberate the report at hand without interruption. Speakers will not be allowed to
Page 2 of 226 Council Agenda March 6, 2018
interrupt the Council decision making process.
67 - 73 1. Report No. CAO-002-18 - Mayor’s Community Fund Expenses (F09)
1) That Council receive Report No. CAO-002-18 for information.
74 - 79 2. Report No. PW-009-18 - Temporary Road Closure Extension Request for Construction – Lloyd Street (T08)
1) That Council approve the request to extend the temporary road closure of Lloyd Street, from Main Street to approximately 50 metres south of Main Street, for the period of January 1, 2018 to November 2, 2018, to facilitate construction activity at 6233 - 6245 Main Street (SPA12.004); and
2) That Council authorize staff to re-issue all necessary Road Occupancy Permits, subject to any fees payable, for the extended use of the Main Street and Lloyd Street road allowances to facilitate construction activity at 6233 - 6245 Main Street (SPA12.004); and
3) That Council enact By-law 2018-029-RD to close Lloyd Street from Main Street to approximately 50 metres south of Main Street from January 1, 2018 to November 2, 2018.
80 - 87 3. Report No. PW-010-18 - Railway Grade Crossing Safety Improvement Workplan and Grant Update (T03)
1) That Council receive the report titled Railway Grade Crossing Safety Improvement Workplan and Grant Update, dated March 6, 2018, for information.
88 - 90 4. Report No. PW-008-18 - Waste Collection By-law (E07)
1) That Council enact Waste Collection By-law 2018-035-GA for establishing and maintaining a system for collection, removal and disposal of garbage, other refuse, yard waste materials, recyclable materials including blue box materials and source separated organics in the Town of Whitchurch-Stouffville; and
2) That Council repeal By-law 2007-144-GA.
91 - 149 5. Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment – Ballymore Developments (Ballantrae) Corp. Part of Lots 21 & 22, Concession 8, Community of Ballantrae, File Nos. 19T(W)-
Page 3 of 226 Council Agenda March 6, 2018
16.001, OPA16.002, ZBA16.002 AND CDM16.001. (D07, D09, D12 & D14)
1) That Council enact By-law No. 2018-027-OP to adopt the Official Plan Amendment 144 and direct staff to issue a Notice of Passing;
2) That Council confirm that notwithstanding that the proposed Zoning By-law Amendment is different from that proposed at the April 19, 2016 Statutory Public Meeting, the revisions are minor in nature and that no further Statutory Public Meeting is required;
3) That Council enact By-law No. 2018-028-ZO to adopt the Zoning By-law Amendment subject to a Holding Provision on the residential zones and direct staff to issue a Notice of Passing;
4) That Council direct staff to issue a Notice of Decision to approve Subdivision File No. 19T(W)-16.001, subject to Draft Conditions, in accordance with Section 51(31) of the Planning Act;
5) That Council approve the Request for Exemption from an Application for Draft Plan of Condominium; and,
6) That Council allocate the equivalent of 300 persons of water capacity for 94 units [76 single detached dwellings and 18 street townhouse dwellings] from the Town's Ballantrae reserve.
150 - 157 6. Report No. DS-007-18 - Proposed Zoning By-law Amendment – Condor Properties Ltd., 11750 11782 Ninth Line, Community of Stouffville, File Nos. ZBA10.001 (D14)
1) That Council confirm that notwithstanding that the proposed Zoning By-law Amendment is different from that proposed at the April 24, 2014 Statutory Public Meeting and at the December 10, 2015 Public Information Centre, the revisions are minor in nature and that no further Statutory Public Meeting is required; and,
2) That Council enact By-law No. 2018-026-ZO to adopt the Zoning By-law Amendment and direct staff to issue a Notice of Passing.
158 - 160 7. Report No. FR-004-18 - Single Source Contract award - 1946 Fargo Restoration Project (V01)
1) That Council approve the single source contract award for the restoration of the Fire Department’s 1946 Fargo to the Rice Group for $64,300.00 plus HST; and
Page 4 of 226 Council Agenda March 6, 2018
2) That Council authorize the Mayor and Clerk to sign all necessary documents between the Town of Whitchurch-Stouffville and the Rice Group for the restoration of the Fire Department’s 1946 Fargo.
161 - 163 8. Report No. FR-003-18 - Naloxone Kit Replacement Program Agreement with Region of York (P03)
1) That Council approve entering into an agreement with the York Region for the replacement of used Naloxone kits; and
2) That the Agreement be finalized to the satisfaction of the CAO and Town Solicitor; and
3) That Mayor and Clerk be authorized to sign the agreement between the York Region and the Town of Whitchurch-Stouffville.
11. Action Items Requiring Separate Discussion
164 - 166 9. Correspondence from Township of King, re: Request to the Ministry of Transportation (MTO) to Expedite the Design and Construction of the Highway 400 - 404 Connecting Link
1) That Council consider and support the correspondence from Township of King, re: Request to the Ministry of Transportation (MTO) to Expedite the Design and Construction of the Highway 400 - 404 Connecting Link.
12. Notices of Motion/Motions for Which Notice Has Been Given Speakers may not register to speak to Motions.
13. Resolutions from Council
14. By-laws
167 - 171 1. 2018-023-AP being a by-law to authorize the appointing of Building Officials for the purpose of enforcing the Building Code Act and to repeal By-law 2012-005-AP
172 - 177 2. 2018-024-RD being a by-law to provide for the numbering of buildings along highways and for affixing numbers to the buildings (Noah’s Farm Trail, Clarinet Lane, Drum Street, Trumpet Street, Flute Street, Forsyth Farm Drive and Greenwood Road) and to repeal By- laws 2017-114-RD and 2016-142-RD
178 - 184 3. 2018-025-RD being a by-law to provide for the numbering of buildings along highways and for affixing numbers to the buildings
Page 5 of 226 Council Agenda March 6, 2018
(Horsedreamer Lane, Firbank Lane, Hoppington Avenue, Mantle Avenue and Sunnyridge Avenue) and repeal By-law 2006-167-RD
185 - 187 4. 2018-026-ZO being a by-law to amend By-law 2010-001-ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law) for the lands located at 11750 and 11782 Ninth Line (Report No. DS- 007-18).
188 5. 2018-027-OP being a by-law to adopt Official Plan Amendment No. 144 to the Official Plan for the Town of Whitchurch-Stouffville Planning Area which, on the 1st day of January, 1971 comprised all the lands within the municipal boundary of the area municipality of the corporation of the Town of Whitchurch-Stouffville (15381, 15437, 15457, 15473 Highway 48) (Report No. DS-006-18)
189 - 195 6. 2018-028-ZO being a by-law to amend By-law 2010-001-ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law) for the lands located at 15381, 15437, 15457 and 15473 Highway 48 (Report No. DS-006-18)
196 7. 2018-029-RD being a by-law to close Lloyd Street from Main Street to 50 metres south of Main Street between January 1, 2018 and November 2, 2018 (Report No. PW-009-18).
197 8. 2018-030-AP being a by-law to appoint members to the Committee of Adjustment and repeal By-law 2017-020-AP
198 - 199 9. 2018-031-AP being a by-law to appoint individuals to the 19 On the Park Advisory Committee and repeal By-law 2015-094-AP
200 10. 2018-032-AP being a by-law to appoint individuals to the Heritage Advisory Committee and repeal By-law 2017-130-AP
201 11. 2018-033-AP being a by-law to appoint individuals to the Cemetery Reference Group and repeal By-law 2011-050-AP
202 - 203 12. 2018-034-AP being a by-law to appoint an Integrity Commissioner for the Town of Whitchurch-Stouffville
204 - 226 13. 2018-035-GA being a by-law for establishing and maintaining a system for collection, removal and disposal of garbage, other refuse, yard waste materials, recyclable materials including blue box materials and source separated organics in the Town of Whitchurch- Stouffville and repeal By-laws 2007-144-GA and 2010-130-GA (Report No. PW-008-18)
15. Regional Business
16. Resolution to hold a Closed Meeting, if required
Page 6 of 226 Council Agenda March 6, 2018
That Council recess to permit the holding of a Closed Meeting in the Whitchurch Room to consider matters with the following exceptions: • Personal matters about an identifiable individual, including municipal or local board employees (Municipal Act, Sec. 239(2)(b)) • A proposed or pending acquisition or disposition of land by the municipality or local board (Municipal Act, Sec. 239(2)(c)
17. Items Arising from a Closed Meeting
18. Confirmatory By-law
1. To pass the Confirmatory By-law
That Council read Confirmatory By-law a first, second and third time and passed.
19. Adjournment
1. To adjourn the meeting
That there being no further business, Council adjourn the meeting at __ p.m.
20. Comments from Members of Council
Page 7 of 226 TOWN OF WHITCHURCH - STOUFFVILLE COUNCIL MINUTES Tuesday, February 20, 2018 3:00 pm
Council Chambers 111 Sandiford Drive
Chair: Mayor Altmann
The regular meeting of Council was held at the municipal offices, on the above date and time.
Staff Present: Richard Renaud, Rob Raycroft, Brian Kavanagh, Haiqing Xu, Brian Parrott, Roman Martiuk, Marilou Murray, Gillian Angus-Traill, and Samantha Kong.
1. Call to Order
2. Roll Call All members of Council were present, with the exception of Councillor Smith.
3. Introduction of Addendum Items
1. Memorandum from the Deputy Director of Development Services, re: Amendments to By-law 2018-017-ZO
4. Confirmation of Agenda
Moved by Councillor Lovatt Seconded by Councillor Upton
That Council confirm the agenda, as amended.
Carried
5. Declarations of Pecuniary Interest None
To adopt the minutes Page 8 of 226 Council Minutes February 20, 2018
6. Adoption of Minutes
Moved by Councillor Kroon Seconded by Councillor Ferdinands
That Council adopt the minutes from the regular meeting of Council on February 6, 2018, as circulated.
Carried
7. Recognitions None
8. Delegations/Petitions None
9. Outside Presentations/Information from Town Advisory Committees None
10. Consent Agenda
Report Nos. FS-004-18, CS-001-18, and LCS-004-18 were not pulled for separate discussion.
Moved by Councillor Lovatt Seconded by Councillor Hargrave
That Council approve the following staff reports on the consent agenda and adopt the recommendations contained therein:
Report No. FS-004-18 Update to Vacancy Rebate Program - Commercial and Industrial Properties (F21)
1) That Council receive Report No. FS-004-18 for information.
Page 2 of 7 To adopt the minutes Page 9 of 226 Council Minutes February 20, 2018
Report No. CS-001-18 Establishment of the 6240 Main Street 55+ Centre Advisory Committee (C12)
1) That Council enact By-law 2018-020-RE to establish the Terms of Reference for the 6240 Main Street 55+ Centre Advisory Committee; and
2) That Council direct staff to commence recruitment for committee members for appointment.
Report No. LCS-004-18 Platinum Season Sponsor Secured for the Lebovic Centre for Arts & Entertainment – 19 on the Park (R00)
1) That Council receive Report No. LCS-004-18 for information.
Carried
11. Action Items Requiring Separate Discussion
Report No. DS-005-18 Removal of the Holding Symbol (h-26) at 13853 Ninth Line, Part of Lot 11, Concession 9, Hamlet of Bloomington – File No. ZBA18.001 (D14)
Moved by Councillor Ferdinands Seconded by Councillor Upton
1) That Council enact By-law No. 2018-017-ZO, being a By-law to amend Comprehensive Zoning By-law 2010-001-ZO by removing the Holding Symbol (h-26) from Part of Lot 11, Concession 9, known municipally as 13853 Ninth Line.
Carried
Report No. FS-005-18 WS Community Grants, Donations and In-Kind Support Program (F11)
Moved by Councillor Lovatt Seconded by Councillor Kroon
1) That Council endorse the following option for the intake periods for grants, donations and in-kind support applications:
Page 3 of 7 To adopt the minutes Page 10 of 226 Council Minutes February 20, 2018
a) In an election year, such as 2018, that there be two (2) intake periods with a deadline of March 1 and April 15, and that in non- election years, there be two intake periods per year with deadlines of March 1 and September 1
2) That Council adopt the WS Community Grants, Donations and In-Kind Support Program Application Form, as approved by the Special Events Advisory Committee.
Carried
12. Notices of Motion/Motions for Which Notice Has Been Given None
13. Resolutions from Council
Resolution from Councillor Kroon, re: Alternate Representation at Regional Council Meetings
Moved by Councillor Kroon Seconded by Councillor Lovatt
Whereas as approved on January 18, 2018, the Council of the Regional Municipality of York supported the use of alternates in the Towns of Aurora, East Gwillimbury, Whitchurch-Stouffville and the Township of King, and
Whereas Council wishes to ensure that in the event the Town's Regional representative is unable to attend a Regional meeting, that the Town continues to be duly represented.
Therefore be it resolved that Council direct staff to provide analysis and present options for appointment of an alternate for Regional Representation beginning in the next term of Council; and
That Council direct staff to report back in 8 weeks.
Carried
Page 4 of 7 To adopt the minutes Page 11 of 226 Council Minutes February 20, 2018
14. By-laws
Moved by Councillor Ferdinands Seconded by Councillor Upton
That Council read the following by-laws a first, second, third time and passed:
2018-017-ZO being a by-law to amend By-law No. 2010-001-ZO of the Town of Whitchurch-Stouffville by removing the Holding Symbol (h-26) from Part of Lot 11, Concession 9 (being 13853 Ninth Line), as amended.
2018-018-TR being a by-law to amend By-law 2008-147-TR Schedule XIV, to govern and to regulate traffic in the Town of Whitchurch-Stouffville.
2018-019-MS being a by-law to designate certain lands on a registered plan of subdivision as not being subject to Part Lot Control (Blocks 260, 261, 262, 263 and 264, Plan 65M-4582).
2018-020-RE being a by-law to establish the Terms of Reference for the 6240 Main Street 55+ Centre Advisory Committee.
Carried
15. Regional Business None
16. Resolution to hold a Closed Meeting, if required
Moved by Councillor Upton Seconded by Councillor Ferdinands
That Council recess to permit the holding of a Closed Meeting in the Whitchurch Room to consider matters with the following exceptions:
Personal matters about an identifiable individual, including municipal or local board employees (Municipal Act, Sec. 239(2)(b))
Carried
Page 5 of 7 To adopt the minutes Page 12 of 226 Council Minutes February 20, 2018
Council reconvened into open session at 4:48 p.m. Mayor Altmann and Councillor Lovatt were not in attendance. Vice Deputy Mayor Hargrave acted as the Chair.
17. Items Arising from a Closed Meeting
1. Staffing Updates
Moved by Councillor Upton Seconded by Councillor Ferdinands
1) That Council appoint Councillors Kroon and Smith to serve on a Development Services Director recruitment team; and
2) That Council delegate the appointment of the Director of Development Services position to the CAO; and
3) That Mr. Kavanagh be appointed to Director of Public Works.
Carried
2. Advisory Committee Appointments
Moved by Councillor Kroon Seconded by Councillor Upton
1) That Council direct staff to prepare the necessary by-laws for inclusion in the March 6, 2018 Regular Council Meeting Agenda to appoint: Eric Button, Patrick Leblanc, Fay Minton, Peggy Topping and Councillor Hargrave to the Cemetery Reference Group; and Thomas Winters to the Committee of Adjustment; and Michael Rankin to the Heritage Advisory Committee; and Ray Stadnick to 19 on the Park Advisory Committee.
Carried
Page 6 of 7 To adopt the minutes Page 13 of 226 Council Minutes February 20, 2018
18. Confirmatory By-law
Moved by Councillor Upton Seconded by Councillor Kroon
That Council read Confirmatory By-law a first, second and third time and passed.
Carried
19. Adjournment
Moved by Councillor Ferdinands Seconded by Councillor Upton
That there being no further business, Council adjourn the meeting at 4:50 p.m.
Carried
20. Comments from Members of Council None
APPROVED at the Town of Whitchurch-Stouffville this 6th day of March, 2018.
Gillian Angus-Traill, Clerk Mayor Justin Altmann
Page 7 of 7 To adopt the minutes Page 14 of 226 DELEGATION REGISTRATION REQUEST FORM
Regularly scheduled Council meetings are held in the Council Chambers at 111 Sandiford Drive, Stouffville: 1st Tuesday at 7 p.m. & 3rd Tuesday at 3 p.m. of each month, or as otherwise indicated on the Council Meeting Schedule (subject to change)
Council Meetings will be audio-recorded and made available online. Name: Organization:
Mailing Address including postal code: Organization’s Website:
Contact telephone: E-mail address:
1. When do you wish to make your delegation?
2. To your knowledge, is the matter on the agenda for the meeting you wish to attend?
YES NO If YES, this form is not required – anyone may address a report on a Council Agenda at the meeting.
3. To your knowledge, has the matter you wish to speak to been considered before Council previously? NOTE: delegations may only address issues after 6 months has lapsed from the time of Council’s original decision.
YES NO If YES, When?
4. Please summarize the matter you wish to speak to as a delegation and indicate questions you wish to have addressed, if applicable:
707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff...Page 15 of 226 5. Have you been in contact with a Town staff member with regard to your matter of interest?
YES NO If YES, which staff member?
6. Are you requesting any financial assistance from the Town?
YES NO If YES, state the amount:
7. Do you have an electronic presentation? YES NO HD wide screens and a computer are available for your use during the meeting.
• Electronic presentations should be compatible with Microsoft Office 2007 or newer • Minimum of 24 font size to ensure that it is visible from a distance • Page layout – wide screen (16:9) • Memory sticks/discs/CDs are acceptable for use on the Town’s equipment
ADDITIONAL NOTES: • Complete the Delegation Registration Form and submit it by 12 p.m. (noon) on the Monday 8 days before the Council Meeting date, along with any electronic presentations and/or handouts. • If you wish to provide handouts, please submit 15 copies of the material to the Council Coordinator for distribution to Members of Council and Staff at the meeting. • Delegations should be made by a designated spokesperson. • Delegations may speak for a maximum of 10 minutes.
For more information regarding Council procedures, see the following sections of the Procedural By-law, 2016-001-RE being a by-law to govern the proceedings of Council Meetings.
2.5 Decorum 4.4 Delegations 4.5 Speakers Regarding Items on the Agenda
Contact: Council Coordinator Tel., 905-640-1910 or 1-855-642-8697 ext. 2222 E-mail, Council Coordinator
Personal information on this form is collected under the authority of By-law number 2016-001-RE. Your name, address, comments and any other personal information, is collected and maintained for the purpose of sending correspondence relating to matters before Council; creating a record that is available to the general public in a hard copy format and on the internet in an electronic format. Questions about this collection should be directed to the Freedom of Information and Privacy Coordinator Town of Whitchurch-Stouffville, 111 Sandiford Drive, Stouffville, ON L4A 0Z8; Phone: 905 640 1910 or 1-855-642- 8697 ext: 2222; Fax: 905 640 7957
707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff...Page 16 of 226 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff...
Stouffville Town Council Briefing 707 Marion Orr RC(Air)CS
TO LEARN, TO SERVE, TO ADVANCE Page 17 of 226
Captain Scott Harvey Commanding Officer 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff... Agenda
. Welcome
. Introduction to Cadet Movement, Cadet Organization and the Squadron
. Brief History of 707
. Marion Orr
Page 18 of 226 . 707 Plans for 2017/2018 Training year
. Request to use Council Chambers and meeting rooms April 7, 2018 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff...
Cadet Movement
.The cadet movement is designed to promote:
Citizenship Physical Fitness Leadership Interest in the Air element of the Canadian Forces
Page 19 of 226 Activity in the community
.The cadet movement does not require military service by the cadets. 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff...
Cadet Organization
. A Partnership between DND and Air Cadet League organizations. . DND Provides: Trained Officers supplemented by Civilian Instructors and volunteers Training support including: uniforms, books, training aids and mandatory activity days . League (sponsors) provides: Facilities Page 20 of 226 Support for recruiting cadets Support for optional activities Fundraising . We are not totally funded by the government and must raise funds as the principle of the cadet movement is to be a low cost program and wherever possible no cost to the cadet. 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff...
History of 707
.707completed it’s 49th training year in Etobicoke and then moved to Stouffville in 2010 .Squadron size is approximately 54 cadets ages 12 to 18. .707 will begin it’s 57th training year; it’s eight in Stouffville and surrounding area. Page 21 of 226 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff... Marion Orr
.Marion Alice (Powell) Orr, CM (25 June 1918 - 4 April 1995) was a pioneering Canadian aviator who was the first woman to run a flying school. She served with the Air Transport Auxiliary during World War II and was awarded the Order of Canada in 1993. .Although Orr flew many types and marks of aircraft, her favourite was the Spitfire, which she considered "the most beautiful plane ever built”. Her primary role in the ATA was the transportation of planes across the Atlantic. She was honourably discharged from the ATA with the rank of second officer in 1944 with 700 logged hours. .Orr started her own flying school in 1949. It opened for business, though she was forced to close and relocate to Maple, Ontario where she had to get permission from the Prime Minister to open her own airfield, Maple Airport.
Page 22 of 226 .(Stouffville Connection) Five years later, Marion sold her business at Maple Airport and went to Markham-Toronto airport as manager and CFI. .(Personal Connection) Marion was my Aunt’s sister and I knew Marion personally. 707 Marion Orr CM Air Cadet Squadron Update and Request to Host Zone Eff... Plans for 2017/2018
.Participate in community events including: Stouffville Remembrance Day and Santa Claus parades. .Town of Stouffville events have already seen us at: Strawberry Festival and Moonlight Madness/Inside Whitchurch-Stouffville. .Several weekend training trips: Marksmanship, Biathlon, Sports, Band. .1 Citizenship trip: destination is to be determined. .Sending cadets to competitions (Range, Public Speaking and Page 23 of 226 others) .As a result our cadets will apply: TO LEARN, TO SERVE, TO ADVANCE, as citizens of our community .We are hosting our zone effective speaking competition and are requesting the use of the Council Chambers and 2 meeting rooms on April 7, 2018 as an all day event. Office of the Integrity Commissioner’s Annual Report February 2017 – February 2018
To: Members of Whitchurch-Stouffville Town Council
I submit this Annual Report for Town Council consideration, in fulfillment of my role as the Town’s Interim Integrity Commissioner. This Report covers the period February 2017 to February 2018.
Respectfully submitted,
SuzanneSuzanne Craig Craig Integrity Commissioner
Annual and Final Integrity Commissioner Report - Suzanne Craig Page 24 of 226
Foreward This Annual Report covers the period for which I have been appointed as the Integrity Commissioner for the Town of Whitchurch-Stouffville (the “Town”), from February 2017 to February 2018.
1.1 Town Council develops a New Accountability Regime
In February 2017, Town Council appointed me as Interim Integrity Commissioner to roll out the Code, deliver information sessions for Members of Council and receive and conduct any inquiries of complaints alleging actions and behavior of an individual Member of Council in contravention of the Code.
I stepped into my interim role at a time of transition and controversy at the Town. Following the departure of Town CAO Marc Pourvahidi, who had worked at the town for 17 years, the Town went through a series of senior executives, including the Town’s Fire Chief who was asked by Mayor Altmann to fill the role of top administrator for the Town. However, only one day after accepting the position, Chief McKenzie sent in his resignation to Mayor Altmann. Finding itself in the midst of what was widely described as a “mass exodus” of staff departures, an external consultant report was commissioned to determine the reasons for the staff departures, the low morale of staff and the acrimony on Town Council and review operational issues, with a view to seeking an effective governance structure.
It was within the context of these departures and the changing of three CAOs in less than 18 months since the 2014 election, that the Town’s Council made the decision to create a Code of Conduct and appoint an Integrity Commissioner.
a) Council Code of Conduct:
The Town approved the Code of Conduct for Board Members on February 7, 2017 through the adoption of Report No. CS-006-17 which also appointed the Interim Integrity Commissioner. The Code created a comprehensive ethical document to supplement the rules of the Municipal Act and the policies of the Town with respect to the actions and behavior of Members of Council.
The stated objective of the Code is to ensure that the principles of transparency and accountability inform the conduct of individual Members, such that Council as a public body responsible to its residents and communities, maintains the confidence of the public. The rules of the Code enshrine a shared commitment by all Members of Council to adhere to a common basis for acceptable conduct while in office and it applies to all Members of Council.
Annual and Final Integrity Commissioner Report - Suzanne Craig Page 25 of 226 The Code is a document that sets out the ethical standards agreed upon collectively by the Members of Council. While the Code is to be considered in its entirety, the wording of each provision has been carefully crafted to encourage Members to conduct themselves at all times in such a way as to promote respect for Council, the Town, and the government administration including all Town staff.
Members of Council hold positions of privilege. Therefore, they must discharge their duties in a manner that recognizes a fundamental commitment to the wellbeing of the community as a whole and have high regard for the integrity of Town Council decision-making.
b) Office Operation: The Office of the Integrity Commissioner is responsible for ensuring that the Code governing Members is objectively applied. The Integrity Commissioner’s duties include:
1. Providing general advice to Members of Council on issues of ethics and integrity including the Code of Conduct, policies, protocols; 2. Conducting investigations into requests made by a Member, member of the public or staff, into whether a Member has contravened any rule of the Code of Conduct; 3. Providing confidential written and oral advice to individual Members about their own situation under the Code of Conduct and other policies and protocols governing the ethical behaviour; 4. Providing the Town with specific and general opinions and advice on the Town policies and protocols regulating the conduct of Members and issues of compliance with those policies and protocols.
In addition to the above duties, the Integrity Commissioner responds to informal complaints and requests for information in relation to the Code of Conduct, from members of the public and staff, including receiving matters that do not fall within the jurisdiction of the Office and directing those complainants to the appropriate Town department, policy or to departments of other levels of government or law.
Annual and Final Integrity Commissioner Report - Suzanne Craig Page 26 of 226 1.2 Issues of Note:
A. Role of Members of Council at the Municipal level of Government.
During the period covered by this Annual Report, I noted that the interaction with municipal employees through actions of some Members of Council landed outside of the purview of the statutory role under the Municipal Act, I have observed that the non- adherence to the role of a Council Member has given rise to significant issues that have resulted in costs for consultants and legal advice for the municipality. In addition, considerable time has been spent by municipal employees dealing with these matters. All Members of Council share the decision-making role as leaders of the municipality. The Mayor is the CEO of the municipality and has a statutory role that is slightly different than that of other Members of Council. Roles and duties of the Mayor of a municipality are set out in sections 225 and 226.1 of the Municipal Act and includes, upholding and promoting the purposes of the municipality and signing all bylaws, together with the Municipal Clerk, passed at meetings at which the Mayor has presided. The role of Council, as a collective decision-making body, is also set out in the Act.
As Justice Cunningham said in the Report of the Mississauga Judicial Inquiry “[o]ptics are important. It is essential to consider how a reasonable person would view the actions of the municipal councillor. Justice Cunningham refers to Commissioner Oliphant’s comments in his 2010 report, and states that:
“public office holders ultimately owe their position to the public, whose business they are conducting. Ensuring they do not prefer their private interests or a small group of private interests, at the expense of their public duties. This is a fundamental objective of ethics standards” 1
Each Member of Council is one part of a decision-making body that collectively and as a whole, represents the Town residents and businesses. Each Member was democratically elected and while one or more Members may hold varying views on different topics, each elected official has been brought to this privileged role through a democratic election to serve as a collective body to make decisions on behalf of Town residents.
While it may be laudable for a Member of Council to carry out actions that they purport to be on behalf of the public and which a Member of Council may view his or her obligation as an elected official to be first and foremost to the public notwithstanding the existence of Town policy, this view is not supported by the Town’s Procedure By-Law, the rules of the Municipal Act, MFIPPA and the Town policies. Rather, in order to conscientiously act on behalf of the public and uphold the oath of office, all Members of Council are necessarily required to obey the rules contained in all of the governing legislation of the municipality. In fulfillment of my mandate as Interim Integrity
1 Commissioner J. Douglas Cunningham, Report of the Mississauga Judicial Inquiry, 2011.
Annual and Final Integrity Commissioner Report - Suzanne Craig Page 27 of 226 Commissioner, I reminded Members of Council that their obligations arise out of statutes/by-laws/policy and must be adhered to, regardless of their personal views on matters and about whom they believe to owe duties.
Members of Council do not owe a duty to only those residents who voted for them or with whom they agree. The role of a Member of Council at the municipal level of government, is to serve and be seen to serve all residents in a conscientious and diligent manner.
B. Council Meetings and Collective Decision Making:
Democratic discourse at Committee or Council meetings can often be riddled with intensity and emotions can run high. Throughout this year, I received questions from individuals about how Council and Committee meetings should be conducted. I provided advice on the appropriate forum to raise these issues. In my review of some of the Town’s staff reports and audio recordings of past Council and Committee meetings, it appears that though the discussion around certain matters in the Town have triggered vigorous debate in the past, it was clear that over the past year, the Town has given several opportunities for public comments. Individuals brought forward questions to my Office on the application of the Code and the authority of the Integrity Commissioner to oversee the conduct of Members of Council at meetings. I responded to those concerns by stating that in my role as Integrity Commissioner, in application of the Code rules, appropriate behavior for a Member of Council would be to adhere to the Procedural by-law which provides that Council receive public input, debate the issue and vote to approve or not to approve an agenda item. In answer to question on “who decides what gets approved”, I merely referenced the Procedural by- law and advised that once a matter is duly debated and approved at Council, the Mayor signs all duly approved by-laws and any questions on meeting process should be referred to the Town Administration
When asked about the collective decision making of Council members and what would be considered appropriate under the procedural by-law, I provided individuals with advice on the appropriate forum to raise their concerns about decisions made at Council. I advised that each municipality must enact a procedural by-law and that a duly approved decision in accordance with the rules of that by-law reflects the will of Council. In response to the many questions I received about whether the actions of Council members during Council meetings were in accordance with the Code rules, I responded that while a Mayor, as head of Council, has statutory authority as Chair to direct questions on a particular matter, each Member of Council has but one vote and the will of Council, which may take place in the absence of agreement of all Members, supersedes what an individual Member of Council may want or have promised his or her constituents. Whitchurch-Stouffville Town Council, like municipal Councils throughout Ontario and Canada collectively represent the electorate of the municipality. Factional voting or Member disagreement is disruptive at best and cause for the erosion of public trust at the other end of the spectrum. If a member of the public is contravening a municipally approved by-law, the Council of the municipal corporation has a duty to apply the rules in such a way as to enforce adherence to the by-law in a clear and respectful manner. Disagreement one with another among Members
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 28 of 226 of Council should remain within the realm of civil political discourse such that decisions can be made according to the rules of fairness. Throughout this year, I have advised individuals who have contacted my Office, that my powers as Interim Integrity Commissioner do not extend to the review of the efficacy of the Town’s ability to apply and enforce the meeting rules, nor does my authority extend to a determination on matters relating to proposed development sites in the Town, decisions on the HR practices or past actions of Members of Council. However, my jurisdictional authority under my agreement with the Town and the Code did allow me, as the Town’s Interim Integrity Commissioner, to act as a general ethics officer to provide general information to Council regarding their obligations under the Code and to provide advice to Council on policies and procedures that relate to the ethical behavior of Members.
By way of advice, I have responded to queries advising that if a Member of Council finds fault in the efficacy of meeting management practices, the remedy available to them is to bring forward an appeal of the decision to the Chair. If Members of Council believe that their integrity is being called into question during a public address to Council, as leaders of the community and subject matter experts in political discourse, the remedy is to ensure that all members of Council are collectively knowledgeable of the provisions of the Procedural by-law and that when a deviation from said rules occurs, a Member of Council rises to bring forward a point of order or point of personal privilege and not to lash out at a member of Council, staff or the public. All elected officials must comply with the rules in a clear and respectful way without making disparaging comments one to the other or to any staff or member of the public. While I have observed the challenging situation that Members of Council have faced when they disagree with a position of a Council colleague during a Council meeting, I have continued to provide advice to Council Members that every effort should be made to understand the position of another Council colleague notwithstanding disagreement, so that the rules of decorum under the meeting rules of the procedural bylaw are followed.
As I pointed out in one of my Code reports, the Code sets out the rules of behavior that hold Members of Council to a higher standard than name calling, insults and private petitions to garner support from the pubic to denigrate a decision of Council that was duly voted and approved, even by a slim majority. There are procedural rules in place that a Member may utilize if they believe another Member is not respecting the rules in place for bringing a matter before Council. Stubbornly refusing to fulfil one’s duty as a Mayor or Member of Council because one disagrees with the position of the majority of Council is not acting in the best interest of the municipality and places staff and the public squarely in the crossfire of political disagreement of the Town’s Council. This is not behaviour becoming of elected officials and is never justified.
The purpose of the Code is to set behavioral guidelines to be followed by Members of Council that facilitate transparent decision-making and fair treatment of the public, Town staff and fellow Members of Council. I have ruled many of the matters brought forward to my Office as matters that, on their face, are not complaints with respect to non-compliance with the Code or covered by other legislation or other Council or Town policies. I advised individuals that the Code and
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 29 of 226 the Integrity Commissioner are not instruments to be used to voice dissatisfaction with decisions of Council and malcontent with a Council’s ability or lack thereof, to work together. If a Member of Council finds fault in the decision of Council, there are procedural rules that must be followed to seek a reconsideration of the matter. If the matter reaches a vote and those Members who voted against the matter are unhappy with the outcome, their opportunity to vocalize their disagreement is during the discussion of the item before the vote. As stated by Professor Mullan in one of his earlier Code of Conduct complaint reports he wrote during his tenure as the Integrity Commissioner for the City of Toronto, [disagreeing with Council] “was not a basis for taking the law into [one’s] own hands.”.2 I have been asked by Members of Council and residents, whether elected officials may publicly disagree with a Council decision after the decision is made. In response, I have reiterated the principle stated by the Supreme Court in Prud’homme v. Prud’homme : …freedom of expression takes on singular importance, because of the intimate connection between the role of that official and the preservation of municipal democracy. Elected municipal officials are, in a way, conduits for the voices of their constituents: they convey their grievances in municipal government …That freedom of speech is not absolute. It is limited by… the requirements imposed by other people’s right to the protection of their reputation…,reputation is an attribute of personality that any democratic society concerned about respect for the individual must protect[.] Although it is not specifically mentioned in the Canadian Charter, the good reputation of the individual represents and reflects the innate dignity of the individual, a concept which underlies all the Canadian Charter rights Members of Town Council must strive to ensure that their language at Council towards one another, staff and the public, does not denigrate the Office of a municipal councillor nor the dignity of an individual, their family or their business.
While a Member of Council may publicly state that they did not support a decision of the Town or that they voted against a decision, the Code imposes a prohibition on a Member of Council that requires that she or he not denigrate the Town’s decision when responding to a member of the public or otherwise, as this will undermine the confidence in decisions of Town Council and the policies and by-laws of the Town.
C. Complaints to the Integrity Commissioner: an environment of fear
Members of the public and Town staff continue to engage my Office to seek an open, transparent and reprisal-free way of voicing their continued concerns following the investigation of a Code complaint that garnered widespread media attention in respect to my findings of Workplace
2 Professor David Mullan, Professor Emeritus Queens Law School, Former Integrity Commissioner, City of Toronto
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I have been asked by individuals (staff, public), what avenues are available to bring forward complaint about wrongdoing that is not in respect of actions or behavior governed by the Code. My response has been that there is no Whistleblower Policy in force at the Town to ensure protection of staff against reprisals related to the reporting of suspected wrongdoing. While the adoption of the Code and the existence of an Integrity Commissioner has given some staff a measure of confidence in the Town’s commitment to establishing an accountability regime that holds Members of Council accountable for their actions and protects staff and individuals that have brought forward queries to my Office over the course of this year, demonstrate a level of fear by residents and staff who are concerned that coming forward with complaints about wrongdoing about a Member of Council will carry with it, reprisals, retaliation and intimidating behavior and harassment in the workplace, in the community and on social media.
The resulting effect caused by this workplace reality has been that staff have considered taken leaves of absence and some are contemplating resigning from their employment. Staff and residents have implored me to assist in a solution that will change the paradigm of negative comment and conduct against the complainants that these individuals deem vexatious. My response to the individuals who brought forward Code complaints seeking complete anonymity, was that the Code process at the municipal level in Ontario, requires the Integrity Commissioner to maintain secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties. However, the Respondent named in a Code complaint is entitled to receive a copy of the written complaint which cannot be submitted anonymously. Regrettably, when a complaint alleging harassment by a Member of Council is brought forward to the Integrity Commissioner, some of the safeguards afforded complainants in a workplace harassment investigation where an employee is the respondent to the complaint, are not available under the Code process for the investigation of the actions of a Member of Council. Procedural fairness dictates that the Member of Council against whom a harassment allegation is levied, is entitled to receive aa copy of the written complaint which cannot be submitted anonymously.
Specific challenges will always exist when considering harassment complaints against council members, who occupy a unique position within a municipality. They are not employees, nor are they the “boss” of staff, since an individual council member cannot direct or compel staff members to do anything. However, there is no doubt that municipal employees tend to see council members as being in a position of authority. These investigations are further complicated by the need for both confidentiality and transparency; while confidentiality is paramount in most workplace harassment investigations, there is a need for transparency when reviewing the conduct of elected officials.3 Council has a legal obligation under the Occupational Health and Safety Act, which was amended by Bill 168, to provide a workplace free from harassment, and as a result must protect its employees from harassment. During the period covered by this Annual Report, staff and
3 Rubin Thomlinson LLP, Michelle Bird
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 31 of 226 members of the public in the Town have brought forward concerns in respect to continued harassment, in the workplace, in their personal lives and more recently, on social media. While the subjects of the harassing behavior by a Member of Council have been both male and female, the harassing behavior specifically directed at women who work at the Town has taken on a most disturbing tone.
My Office continues to receive complaints from individuals who do not want to bring forward their concerns through the Code process, giving as their reasons their “utter fear” and their belief that complainants will face reprisals and retaliation.
Retaliation [or reprisal] is the situation that occurs when staff are afraid to complain or to assert their rights. It is a subtle, but important distinction.
In a retaliation case, the law is not concerned with why something happened or why someone did something. That is the issue in harassment and workplace hostility cases: did they do it because they don’t like certain people? ... was it a matter of discrimination?
In a retaliation case, the only concern is whether an "adverse action" (following from a complaint or "protected activity") would tend to discourage other people from complaining. It doesn't matter what the motive or intent was. It also doesn't matter whether the original complaint was valid.
The common sense meaning of the term "retaliation" is not useful in Court because it is difficult to prove that someone did something because they were carrying a grudge or feeling resentment. When someone is suddenly treated differently at work, or assigned different responsibilities, or excluded from meetings or discussions, there is always some excuse or explanation. There is always some pretext (i.e., a “made-up” excuse).4 The matters brought to my attention during the period covered by this Annual Report, raise issues of both allegations of workplace harassment and reprisal against individuals who have come forward with Code complaints. It is disingenuous at best and reckless in the worst-case scenario, to suggest that in the current environment, staff or members of the public can come forward with Code complaints with the assurance that they will not be targeted and negatively impacted for having done so. If I cannot give a measure of assurance to individuals that come forward to my Office with Code complaints that their action of bringing forward a complaint will not bring reprisals, if I cannot assure witnesses that the confidentiality rules that I am bound by under the Municipal Act and the Code will be maintained in my interaction with the Town, then the Office of the Integrity Commissioner becomes ineffective and the courageous individuals who bring forward complaints under the approved accountability regime will be left alone to deal with the effects of reprisals in their personal and professional lives, long after the Code reports are completed.
4 PAUL G. MATTIUZZI, PH.D., Criminal Forensic Psychologist
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 32 of 226 In conclusion, the following statement seems to aptly summarize the sentiment of those who have come forward to my Office in the past year:
"We know that these incidents have profound negative effects, such as harming workers' health and safety, increasing absenteeism, and costs for employers," wrote Patty Hajdu, the minister overseeing the consultations
"Canadians responding to our online survey told us that harassment and sexual violence in workplaces are under-reported, often due to a fear of retaliation, and that when they are reported, they are not dealt with effectively," Haidju wrote in the report's opening message5
1.3 Activities of the Office of the Integrity Commissioner in 2017
The Office received 15 informal complaints and 5 formal complaints filed against Members of Council in respect to the Council Code of Conduct
Integrity Commissioner Activities Code Complaints and Inquiries 2017 Formal complaints 5* Informal complaints 15 Inquiries on Code
application ** From the public 76
From staff 18 From Members of 6 Council Total Code-related 120
• *2 Formal Complaints were concluded through informal resolution facilitated by the Integrity Commissioner 3 Formal Complaint went on to investigation and the final reports submitted to Town Council in open session
• **Emails, phone calls regarding questions on the application of Code rules
5 Katie Simpson, Journalist CBC News Nov 02, 2017
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2017 Informal opinions to Members 9
Formal opinions to Members 6
Total 15
Activities of the Office of the Integrity Commissioner
2017
Formal complaints 5
Informal complaints 15
Inquiries on Code
application by subject
Inquiries from staff about 16 harassment
Inquiries from staff on process 2
Inquiries from public about 47 . process Inquiries from public about 29 harassment Inquiries from Members of 6 Council about process
Statement of Expenditures
February 2017 –February 2018
$ 46,203.80 – Integrity Commissioner Services (inclusive of remuneration for Integrity Commissioner services, Code investigations, training, advice to Members of Council and staff, mileage, office supplies) for the 12-month period.
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Closing Remarks
Members of Council come to their position on the Town Council with various interests, skills sets and personal perspectives. It is this spectrum of knowledge and viewpoints that makes the college that is Council, the decision-making body for the Town, a strength for the community. However, it is imperative that all Members of Council remember that under the Municipal Act, decisions are made collectively by the Council, in accordance with the approved Town by-law procedure and not by any individual Member of Council. Further not being in agreement with a duly approved matter before Council, does not give a Member of Council tasked with an official duty, the right to take matters into their own hands and refuse to carry out a statutory duty of their office of elected official, or go beyond the statutory authority afforded them.
My mandate as Interim Integrity Commissioner in the period covered by this Annual Report has been challenging and rewarding. It has been challenging because of the complex and difficult issues that were raised in 3 of the Formal Code complaints I investigated and the many individuals who approached my Office with matters that fell outside of my statutory authority under the Municipal Act to a large degree remain unresolved. My time with the Town has also been rewarding, because of the respect afforded me by Members of Council and staff of the Town. For the individuals who have come forward with Code complaints, or participated as witnesses, for those who have sent emails in support of the accountability regime at the Town and my work in this Office, I thank them for their tremendous courage, perseverance and steadfastness in the face of adversity, both within the workplace and in their private lives. These individuals are to be commended for their desire to do the right thing even at significant cost to their personal and professional lives.
In conclusion, I would like to extend my appreciation to Members of Town Council who have shared with me how the events of this year have profoundly affected them as elected officials and private individuals and how their desire has been and remains, to serve the residents of Whitchurch-Stouffville with respect and in the best interests of the Town and residents. In addition, I would like to recognize Ms. Angus-Traille and Ms. Leung, Town Clerk and Deputy Clerk, for their kind professional assistance.
Respectfully submitted,
SuzanneSuzanne Craig Craig Integrity Commissioner
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REPORT OF THE INTEGRITY COMMISSIONER ON A COMPLAINT THAT MAYOR JUSTIN ALTMANN VIOLATED THE CODE OF CONDUCT BY REVEALING CONFIDENTIAL DELIBERATIONS FROM AN IN CAMERA MEETING OF THE TOWN OF WHITCHURCH-STOUFFVILLE
Preliminary Issues On February 7, 2017, the Council of the Town of Whitchurch-Stouffville, through Resolution, adopted Report No. CS-006-17 – Adoption of Council code of Conduct and Appointment of Interim Integrity Commissioner (F18, which appointed me as Integrity Commissioner “for the Corporation of the Town of Whitchurch-Stouffville (the “Town”) for the purpose of applying the rules of the Code of Conduct and investigating potential breaches of rules.
The Town Code of Conduct (the “Code”) was enacted by resolution of Council through the adoption of Report No. CS-006-17.
The Complaint
This Complaint arises out of the alleged disclosure of in camera Council deliberations and decisions which related to an earlier complaint. In this investigation report, I focus on the alleged breach of the confidentiality obligations of the Respondent, not the underlying conduct leading to the previous complaint or the appropriateness of the in camera meetings.
Specifically, at issue in this complaint is whether the behaviour of Mayor Justin Altmann constituted a breach of Rule 3.4 of the Code. In particular, the Complainant alleges that Mayor Altmann: Was on the Radio station 105.9 “Mayor in the Morning” on November 15, 2017 and at approximate the six-minute mark into the interview he states his comments about a specific report dealing with a matter previously provided to the Integrity Commissioner.
The Mayor goes on to say “I have asked the reports to be released. I have been turned down twice in closed sessions”.
I am of the belief “closed session” voting is confidential.
Background to the Complaint
The Respondent, Mayor Justin Altman, is the Mayor of the Town of Whitchurch-Stouffville for He was elected for a first term in 2014.
In February 2017, my Office received a Code complaint in which the Mayor was named as the Respondent (the “Previous Complaint”). During the course of that investigation, a workplace investigator produced a report. Following a lengthy investigation, on September 26, 2017, I presented my investigation findings to Town Council, with recommendations.
I determined that the Previous Complaint raised three issues:
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1. an allegation of workplace violence or workplace harassment of employees of the Town by the Respondent in breach of Rule 14 of the Code (Harassment);
2. an allegation that the Respondent undertook actions that intimidated, threatened and attempted to influence staff in breach of Rule 16 of the Code (Conduct Respecting Staff); and
3. an allegation that the Respondent conducted himself in such a way that brought disrepute to the Office of the Mayor and breached Rule 15 of the Code (Discreditable Conduct).
I found that Issue #1 involved allegations of both workplace violence (which I referred to as Issue #1A) and workplace harassment (Issue #1B).
I found that the allegations of workplace violence under Issue #1A were on their face of a criminal nature under the Criminal Code. As a result, I did not investigate the workplace violence allegations raised in Issue #1A and I made no findings in regard to that issue.
With regard to Issue #1B, I found that the actions of the Respondent did constitute workplace harassment and a breach of Rule 14 of the Code, which prohibits such harassment. The Respondent’s conduct in developing a Wall in his office bathroom created and contributed to an intimidating work environment for the Complainant and other employees. This was contrary to the Respondent’s obligations under the Code and under the Town’s Harassment and Discrimination Free Policy, Policy No. 42 (the “Workplace Harassment Policy”). In reaching these conclusions, I relied on the factual findings made in a Workplace Investigation Report.
On Issue #2, I found that the Respondent’s conduct interfered with Town staff’s professional role in a manner that breached Rule 16 of the Code. The Respondent should have known that his conduct was unwelcome and should have foreseen that it would improperly influence Town staff in the performance of their duties.
On Issue #3, I found that the Respondent’s creation of the Wall was discreditable conduct that fell below the decorum expected of his office, in breach of Rule 15 of the Code. After considering the Respondent’s reasons for creating what he described as a “mind map” of evidence, I concluded that his conduct demonstrated an error in judgement and not a willful desire to cause harm or breach the Code. I accordingly found that the Respondent’s contravention of Rule 15 was as a result of conduct that was misplaced but was not carried out in bad faith.
At the September 26, 2017 meeting, the Respondent’s legal counsel read a prepared statement on behalf of the Mayor.
The Investigation Findings Report of the Integrity Commissioner was tabled in open session of Council. Town Council received the Complaint investigation report and adopted the recommendations of the Integrity Commissioner.
Closed Meetings Following the Imposition of Sanctions for the Previous Complaint Following the September 26, 2017 Council meeting, Council held three Closed Meetings at
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which topics related to the Integrity Commissioner’s report were on the agenda: October 10, 2017, October 24, 2017 and November 7, 2017.
On November 15, 2017, Mayor Altmann was on the Radio station 105.9 “Mayor in the Morning” on November 15, 2017 and at approximately the six-minute mark into the interview he states his comments about a specific report dealing with a matter previously provided to the Integrity Commissioner. The Mayor goes on to say “I have asked the reports to be released. I have been turned down twice in closed sessions”.
In the Respondent’s reply to the complaint, he admits to having made the statements set out in the complaint, however, he clarifies that: I Mayor Justin Altmann answered questions and spoke of the specific written and audio recorded public information presented to the town council on September 26th, 2017 and in the moment on live radio broadcasting, may have inaccurately stated “twice” instead of more appropriately saying “once” turned down in camera.
At the end of the November 7th closed meeting of Council, the matter subject of this complaint remained outstanding as an in camera discussion point. In fact, on September 26, 2017, the Respondent’s legal counsel submitted to the Town, a supplementary response to the Complaint, which she read to Council in open session. During the presentation to Council, the Respondent’s lawyer read from the Mayor’s supplementary response stating:
In providing this response, we are mindful of the fact that the Mayor is bound by confidentiality obligations, both from the Investigation and from the independent investigation into his alleged breach of Rule 14 of the Code (the “Independent Investigation”). Accordingly, although the Mayor received the redacted findings of the Independent Investigation on September 7, 2017 (the “Investigator’s Report”), we make no mention of the substance of that report in this response.
On November 15, 2017, the Respondent discussed the matter, the substance of which had been discussed at the October 10th, 24th and November 7th in camera meetings. The Respondent’s statement during the radio interview provided two facts which were not public: (i) he requested certain information at a closed meeting and (ii) Town Council decided not to provide him with that requested information. The Respondent’s comments during the radio interview implied the substance of the in camera discussion, in particular in relation to the discussions of Town Council’s decision.
The Town has advised that closed meeting agendas, minutes and reports have historically been printed on a bright coloured orange paper. However, following an incident regarding a potential release of closed meeting materials, the Town Clerk initiated a new practice of printing a personalized watermark for each copy of the Closed meeting agendas, minutes and reports provided and collecting the orange sheets back at the end of the Closed meeting. The first record of the watermark appears to be in June 2016.
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Since the September 26th Council meeting, several members of Council have stated their concerns that the matter of confidentiality must be clarified in order to protect the integrity of Council’s decision-making and to avert possible litigation in respect of breaching confidentiality of discussion about legal matters and legal advice.
The Respondent’s Response to the Complaint
The Respondent provided a response to the allegations in the Complaint. In his reply, Mayor Altmann stated that:
Dear Ms. Craig: I am sending you this letter to advised that on December 20, 2017, I received a Code of Conduct complaint (dated December 5th) in which I was named as the respondent. The complaint [sic] alleged on page 1 of 3 of their affidavit that I the Respondent Mayor Justin Altmann have [sic] contravened Rule 3.4 of the Code of Conduct. … The complainant writes on page 1 of 3 of their affidavit that on November 15th, 2017 that I Mayor Justin Altmann participated in “a public radio broadcast and available to the general public”. with host Jim Laing of 105.9 The Region for an episode know as “The Mayor in the Morning”. This statement is true.
On page 1 & 2 the complainant states in their affidavit “at approx. the six-minute mark into the interview he states his comments about a specific report dealing with a matter previously provided to the integrity commissioner. This statement is true.
On page 2 of 3 the complaint states “the mayor goes on to say I have asked the reports to be released. I have been turned down twice in closed sessions”. This statement is true.
The Mayor goes on to state in his response to the Complaint that: In response to the allegations it is my understanding that the Integrity Commissioner assess closed meeting complaints and is restricted to reviewing whether a meeting was closed to the public in accordance with the relevant provisions of the Municipal Act and the municipality’s procedure by-law. The Integrity Commissioners mandate does not allow for review of the substance of council’s decision making, including whether a particular decision was justified. Accordingly, the Integrity Commissioner review of these complaints is focused on whether council is permitted under the Act to discuss this matter in a closed session (in-camera) and whether all procedural requirements were followed.
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The spirit and intention of the Municipal Act is to ensure that municipal councils and committees conduct public business in public, in open sessions where all are free to attend and see for themselves how public business is being conducted.
In certain exceptional cases, however, Council is permitted to meet in closed session where the public is excluded, often called in camera but officially called closed session meetings. The only matters that can legally be discussed in a meeting where the public is excluded are specifically listed below. … However, beyond providing directions to staff and/or municipal solicitors, Council is NOT permitted to make any decisions or take any votes in a closed or in camera meeting. That can only be done in an open, public meeting.
I Mayor Justin Altmann answered questions and stated my comments to 105.9 The Region regarding the written documents accept and circulated from the towns [sic] clerk which was formally presented to the town council from my legal council [sic] and the Integrity Commissioner during a legally sanctioned open session council meeting. This meeting was held on September 26th, 2017 and was pertaining to specific reports dealing with a matter previously provided to the integrity commissioner and made public for her recommendations.
On September 26th Ms. Hermie Abraham my legal council [sic] presented a written response which was also read into the open record of the audio recorded town council meeting in response to the Integrity Commissioners public document with her detailed findings. Ms. Abraham challenged the Integrity Commissioners report in Part IV - Breaches of Natural Justice in the Investigation and Part V- Conclusions and Recommendations. Ms. Abraham’s report and public presentation directed council to provide a full review before formulating their decision based on the differences of facts. After both the Integrity Commissioner and my legal council spoke all members of the town council excluding the myself, Ms. Abraham and the Integrity Commissioner adjourned to an in-camera closed meeting. Shortly after council reported out from the in- camera closed session and it was obvious that the council denied the recommendation of the Mayors legal council [sic] and the specifics attached to the request.
In conclusion the town council turned down Ms. Abraham’s recommendations once in the open public session and then in the in-camera closed session. I Mayor Justin Altmann answered questions and spoke of the specific written and audio recorded public information presented to the town council on September 26th, 2017 and in the moment on live radio broadcasting, may have inaccurately stated “twice” instead of more appropriately saying “once” turned down in camera.
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The remaining 4 pages of the Respondent’s 6-page reply to the Code complaint, sets out verbatim, portions of his legal counsel’s statement which was presented to Town Council on September 26, 2017.
Summary of the Respondent’s Position
In responding to the complaint, the Respondent advanced a number of justifications for his actions. He contends:
1. That the Integrity Commissioner “assess closed meeting complaints and is restricted to reviewing whether a meeting was closed to the public in accordance with the relevant provisions of the Municipal Act and the municipality’s procedure by-law”.
2. “The Integrity Commissioners [sic] mandate does not allow for review of the substance of council’s decision making, including whether a particular decision was justified. Accordingly, the Integrity Commissioner review of these complaints is focused on whether council is permitted under the Act to discuss this matter in a closed session (in camera) and whether all procedural requirements were followed.”
3. That the Respondent’s legal counsel delivered a statement on his behalf at the September 26th Council meeting and that the Respondent “answered and stated [his] comments to 105.9 The Region regarding the written documents accepted and circulated from the towns clerk which was formally presented to the town council …during a legally sanctioned open session council meeting”.
4. That the Respondent “answered questions and spoke of the specific written and audio recorded public information presented to the town council on September 26th, 2017 and in the moment on live radio broadcasting, may have inaccurately stated “twice” instead of more appropriately saying “once” turned down in camera.
5. That in making his comments during the radio interview, admitted that he knew his comments were in respect of a confidential matter but that this was a matter of public record given the matter’s inclusion in the Integrity Commissioner’s report
6. That the Respondent is being accused of breaching an obligation of confidentiality on a matter that, in his view, should not have been confidential in the first place.
The Relevant Provisions of the Code of Conduct
This Complaint engages Rule No. 3 – Confidential Information of the Code.
3.1 No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by Council to do so.
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3.4 No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee discusses the information at a meeting that is open to the public or releases the information to the public.
3.6 No Member shall access or attempt to gain access to confidential information in the custody of the Town unless it is necessary for the performance of their duties and not prohibited by Council policy.
The Commentary on Rule 3 of Code, sets out that the definition of Confidential Information includes: Information in the possession of the Town that the Town is either prohibited from disclosing, or is required to refuse to disclose, such as under Access and Privacy legislation. Such legislation imposes mandatory or discretionary restrictions on disclosure of information received in confidence from third parties of a corporate, commercial, scientific or technical nature, personal information about an individual disclosure of which would constitute an unjustified invasion of privacy, an information that is subject to solicitor-client privilege….
For the purposes of the Code of Conduct, “confidential information” may also include information that concerns personnel, labour relations, litigation, property acquisitions…
Under the Procedural By-law, a matter that has been legitimately discussed at an in- camera (closed) meeting remains confidential, until such time as a condition renders the matter public.
Requests for information should be referred to appropriate staff to be addressed as either an informal request for access to municipal records or as a formal request under the Municipal Freedom of Information and Protection of Privacy Act.
Particular care should be exercised in ensuring confidentiality of the following types of information: … b) Personal information about an identifiable individual, including municipal or local body employees; … d) Labour relations or employee negotiations
It is an established position at the municipal level of government that respecting confidentiality rules is an imperative of a respectful and accountable government.
The rules of the Municipal Act and the Complaint Protocol for Council Code of Conduct (“Complaint Protocol”), underscore the importance that all information, documentation or deliberation received, reviewed or taken in closed session of Council and its committees is
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confidential until the matter ceases to be confidential, as determined by Council. Individual council members are not empowered to determine that confidential information should be made public.
This imperative means that Members of Council shall not permit any persons other than those who are entitled thereto to have access to information that is confidential and that what is confidential for the purposes of an elected official’s obligation under the Code, is anything that the Town deems confidential, including anything discussed in a closed session of Council.
Confidential information that comes to the attention of Members does not belong to them. It is property that belongs to the Town.
Rule 18 of the Code further sets out a Member’s obligation to observe the Town’s rules, including confidentiality rules.
Failure to Adhere to Council Policies and Procedures
Members of Council shall adhere to such by-laws, policies and procedures adopted by Council that are applicable to them.
Commentary on Rule 18 A number of the provisions of the Code of Conduct incorporates policies and procedures adopted by Council. More generally, Members of Council are required to observe the terms of all policies and procedures established by Council.
Implied in this rule of the Code is the obligation of each Member of Council to avoid any denigration of any bylaw or policies of the Town, including the outright non-adherence to the same. Healthy and respectful debate is part of the democratic foundation of a municipal Council. To willfully ignore and denigrate a rule of the Town, duly voted upon and passed by Council, the governing body of the Town, is a violation of the Code.
Integrity Commissioner’s Jurisdiction
Section 223.3 of the Municipal Act, 2001 states that: (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to, (a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; (b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or
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(c) both of clauses (a) and (b). 2006, c. 32, Sched. A, and (2) Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality. The Integrity Commissioner has no power to determine whether council considered a matter at a closed meeting that should have been considered at a public meeting.
Relevant Legislation, By-Laws and Whitchurch-Stouffville Corporate Policy
Generally speaking, a municipality should conduct its business in an open and transparent way. However, there are occasions when the business of the municipality is required to be conducted in a confidential manner. The Town Council, as a whole, determines whether a matter should be discussed in closed session. There are certain statutory and therefore, mandatory requirements for confidential consideration of matters under Provincial statutes, such as the Municipal Freedom of Information and Protection of Privacy Act. There are also matters that council is permitted to consider confidentially under the Municipal Act. Those matters are set out in Section 239 of the Act (as set out below). Governance rules at the municipal level in respect of municipal councils require that in order to protect the Corporation, the privacy of staff, employee and labour relations matters and other matters requiring confidentiality, every member of Council and staff respect the majority decision of the Town Council as to whether a matter should be considered and discussed in camera. Once the Town Council as a whole decides to consider the matter confidentially in camera, then unless that decision is reversed, each member of Council and Staff must adhere to that decision.
Section 239 of the Municipal Act, 2001, contains the open-meeting rules that govern when a municipality may hold a meeting or part of a meeting in a closed session.
Meetings open to public 239 (1) Except as provided in this section, all meetings shall be open to the public. 2001, c. 25, s. 239 (1). Subsection (2) contains the exceptions to the rule that meetings shall be held in public. Of particular relevance to this complaint is the exception found in clause b) which states that a meeting or a part of a meeting may be closed to the public if the matter being considered is a personal matter about an identifiable individual including municipal or local board employees… (See Section 239 of the Municipal Act, 2001, attached as Schedule B)
Under the Municipal Act, 2001, municipalities in Ontario are required to pass by-laws that set out the rules of procedure to be followed for meetings of Committee and Council. The Municipal Act requires public notice of meetings and that all meetings be open to the public, unless they fall within prescribed exceptions (as listed above).
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On January 1, 2008, the public was afforded the right under the Municipal Act to request an investigation into whether a municipality has properly closed a meeting to the public. Cities and Towns were able to either appoint their own closed meeting investigator or use the services of the Ontario Ombudsman.
Whitchurch-Stouffville Town Council has designated the Local Authority Services (LAS), a branch of the Association of Municipalities of Ontario, as the appointed closed meeting investigator for the Town. If there is a concern that a meeting of the Town may have been held in closed session improperly, an individual may request a closed meeting investigation which is made through the Town Clerk’s department and investigated by LAS. The Integrity Commissioner is not involved in this review of closed meetings.
Section 6 of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) contains the rule that governs the exception to the right of access to government-held information in relation to in camera information
Draft by-laws, etc. 6. (1) A head may refuse to disclose a record, (a) that contains a draft of a by-law or a draft of a private bill; or (b) that reveals the substance of deliberations of a meeting of a council, board, commission or other body or a committee of one of them if a statute authorizes holding that meeting in the absence of the public. Exception (2) Despite subsection (1), a head shall not refuse under subsection (1) to disclose a record if, (a) in the case of a record under clause (1) (a), the draft has been considered in a meeting open to the public; (b) in the case of a record under clause (1) (b), the subject-matter of the deliberations has been considered in a meeting open to the public; or (c) the record is more than twenty years old.
The current Whitchurch-Stouffville Procedural By-law 2016-001-RE (“Procedural By- law”) regarding Closed Meetings states:
(5.6) Closed Meeting
a) All Meetings of Council are open to the public except where provided for in Section 239 of the Act. A Council meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) The security of the property of the municipality or local board (Municipal Act, Sec. 239(2)(a)); iii) A proposed or pending acquisition or disposition of land for municipal or local board purposes (Municipal Act, Sec. 239(2)(c));
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iv) Labour relations or employee negotiations (Municipal Act, Sec. 239(2)(d)); v) Litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board (Municipal Act, Sec. 239(2)(e)); vi) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Municipal Act, Sec. 239(2)(f)); vii) A matter in respect of which a Council, board, committee or other body has authorized a Meeting to be closed under another Act (Municipal Act, Sec. 239(2)(g)); viii) Information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them (Municipal Act, Sec. 239(2)(h)); ix) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization (Municipal Act, Sec. 239(2)(i)); x) A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value (Municipal Act, Sec. 239(2)(j)); xi) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Municipal Act, Sec. 239(2)(k)). xii) A request under the Municipal Freedom of Information and Protection of Privacy Act, if the council is the head of an institution for the purposes of that Act (Municipal Act, Sec. 239(3)(a)); xiii) An ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act (Municipal Act, Sec. 239(3)(b)); or xiv) Educating or training Members, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of Council (Municipal Act, Sec. 239(3.1)).
b) The Clerk shall advise the Chair, if in his/her opinion, the issue (or portion thereof) being discussed at a Closed Meeting is not appropriate in accordance with the terms of the Act and in accordance with the provisions of this by-law. c) Before all or part of a Meeting is closed to the public, the Council shall state by resolution: i) That the Meeting is closed to the public; and, ii) The general nature of the matter to be considered in the Closed Meeting under Section 5.6(a). d) Voting shall not be permitted in a Closed meeting except when the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained under contract with the municipality. Recorded votes shall not be taken at a Closed Meeting.
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e) Where appropriate and where it does not conflict with the best interests of the Town, Council shall report any decisions made in the Closed Meeting immediately upon reconvening in Open Session. f) Members shall ensure that confidential matters disclosed to them and materials provided to them during a Closed Meeting are strictly kept confidential and are not to be discussed with or disclosed to any individual. The Clerk shall collect all confidential material after the Meeting. g) A person may request that an investigation be undertaken to determine whether Council complied with the requirements of the Act and this Procedural By-law in respect of a Meeting or part of a Meeting closed to the public. h) A person may initiate such a request by completing and submitting a “Closed Meeting Investigation Request Form”, which is available on the Town's website or from the Municipal Office.”
Subsequent to taking office after the 2014 election, each Member of Council received a Council Orientation Package with relevant documents regarding the policies and procedures of the Town, which included but were not limited to the Procedural By-law. Subsequent to taking office after the 2014 election, each Member of Council received a Council Orientation Package and a Schedule of Events: Council Orientation and Training1 with relevant documents regarding the policies and procedures of the Town, which included but were not limited to the Procedural By- law. In particular, sessions 1, 9 and 14 included content with respect to the importance of Member’s adherence to the governance rules and Provincial statutes in respect of confidentiality. In addition, on October 27, 2015, the former Town Manager, Mr. Marc Pourvahidi, accepted the offer of the Manager, Local Government and Housing, Municipal Services Office, Ministry of Municipal Affairs and Housing (“MMAH”), to deliver a Council Orientation Presentation to newly elected Members of Council. The MMAH Council Orientation Presentation Package topics included: Provincial-Municipal Relationship Council Roles and Responsibilities Staff- Council Relationship Council as Lawmakers Council Risk and Liability Accountability and Transparency Framework
Finally, on p. 2 of the Mayor’s statement, read into the public record by his legal counsel, Mayor Altmann states that he is: “…mindful of the fact that [he] is bound by confidentiality obligations, both from the investigation and the independent investigation into his alleged breach of Rule 14 of the Code (the “Independent Investigation”). According although [he] received the redacted findings of the Independent Investigation on September 7, 2017 (the “Investigator’s
1 Schedule of Events, 2014/15 Council Orientation & Training – Appendix A
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Report”), [he makes] no mention of the substance of that report in this response. … [the Mayor requests] that the Township Clerk or the Township external legal counsel, release/disclose a copy of the redacted report that was [confidentially] provided to the Mayor on September 7, 2017 as [he believes] that it will provide greater context to the […] allegations.”
Non- adherence to the confidentiality rules that govern in camera deliberations could open the municipal corporation, Council and individual Members of Council to significant liability claims. In addition, the integrity of the municipality, the Council and staff involved may be significantly undermined by a confidentiality breach of information discussed in a closed session of Council. Respect for the confidentiality rules that govern Town and Council activities cannot be over emphasized. Where individual members of Council disagreement with whether a matter should be disclosed in camera, the way to set aside the confidentiality is to convince the majority of Council to reverse the decision and not to take individual action to unilaterally make the matter public. Where a Member of Council has serious difficulty with the decision of Council to consider a matter in closed session, and they are not able to convince the majority of Council to consider the matter publicly, then the remedy for that Member of Council is to withdraw from consideration of that agenda item on the basis that they cannot, in good conscience, consider the matter confidentially. It is important for that Member of Council to realize that an abstention from voting to convene in closed session is considered a negative vote.
Interpretation of the Members’ Code of Conduct Confidentiality Rule
Many municipal codes of conduct contain the duty of a Member of Council to hold in strict confidence all information concerning matters discussed in closed or in camera meetings of Committee or Council. The prohibition of elected officials from disclosing information that was discussed in camera flows from the obligation of the municipality to adhere to various Provincial statutes that govern the disclosure of information deemed confidential. While there is no overarching general definition of what “confidential information” includes, Provincial statutes like the Municipal Act and MFIPPA contain exemptions that form the exception to the default position of disclosure of public information and open meeting discussions, the existence of which provide the reasonable assumption that Provincial statute exceptions to disclosure of public information are common-held examples of what the Legislature deems to be confidential information.
Rule 3 of the Code contains an imperative directed to all Members of Council. It states that: No Member shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, expect [sic] when required by law to do so (emphasis added); and
No Member shall disclose the content of any such matter, or the substance of deliberations, of the in-camera meeting until the Council or committee discusses the
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information at a meeting that is open to the public or releases the information to the public. (emphasis added).
Under the Town’s Procedure By-Law, Council must resolve to convene into closed session by way of a motion and it is the responsibility of Council members to raise a concern if they believe that an issue that is being considered for closed meeting discussion, should be more properly discussed in open session.
Whether a Member of Council agrees or disagrees with the decision to convene the meeting into closed session, a decision by a prescribed majority of members to move a matter into closed session for discussion, deems the matter to be confidential for the purposes of the Procedure By- Law and the Code and the subject of a closed meeting discussion, until such time as determined by Council.
In this investigation, the complaint invoked Rule 3 of the Code. This rule refers to the obligation of each Member of Council to not “…disclose confidential information acquired by virtue of their office except when required by law to do so” and to maintain the confidentiality of “[a]ll information, documentation or deliberation received, reviewed or taken in closed session of Council and its committees…until…” the matter ceases to be confidential, as determined by Council. This rule was included in the Code to ensure that the purpose of the Code is effectively implemented and that the outcomes of compliance are linked to the Town’s Procedural By-law and obligations under provincial privacy legislation. To have a clearer understanding of the intent of Rule 3 of the Code, it would be useful to take a closer look at the beginning of the Code. However, before looking at the beginning or “preamble” of the Code, I will briefly touch on a few sections of the Interpretation Act, R.S.O. 1990 (the “Interpretation Act”). While the Interpretation Act applies to Acts of the Legislature, it may serve as a useful guide in navigating the meaning and intent of the rules of the Code.
[30] The Interpretation Act states at: -Section 8 that “…the preamble of an Act…is intended to assist in explaining the purport and object of the Act.”; - Section 10 that “…every Act shall be deemed to be remedial whether its immediate purport is to direct the doing of any thing that the Legislature deems to be for the public good or to prevent or punish the doing of any thing that it deems to be contrary to the public good, and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit”. - Section 29(2) that “…the word ‘shall’ shall be construed as imperative and the word ‘may’ as permissive.
[31] For the purposes of the discussion here at hand, the above paragraph on statutory interpretation (that is, how best to understand the meaning of a law), assists the reader of the Code in understanding that a rule of the Code, i.e. Rule 3, dealing with confidentiality, should be read with a view to the “preamble” of the Code and a view to the significance of words that convey the imperative and the permissive intent of the document. In other words, clauses that describe what Councillors must do to be in compliance with the Code and where their behaviour
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is discretionary.
[32] For the purposes of the Code discussion today, the Introduction and the Preamble of the Code, assist in understanding the intent of the ethics documents which guides the actions and behavior of Members of Council.
The Introduction in the Code, states that: Democracy is an active process – one that requires ongoing engagement between citizens and their elected officials. Ethics and integrity are the core of public confidence in government and in the political process.
There has been a general trend at the municipal level of government in Ontario, to develop rules around ethical conduct for elected officials so that they may carry out their duties with impartiality and equality of service to all, recognizing that as leaders of the community, they are held to a higher standard of behavior and conduct.
It is the purpose of this Code of Conduct to establish rules that guide Members of Council in performing their diverse roles in representing their constituents and recognizes Members’ accountability for managing Town resources allocated to them.
The Preamble to the Code sets out that:
Whereas elected officials of the Town of Whitchurch-Stouffville have recognized their obligation to not only obey the law, but to go beyond the minimum standards of behavior and act in a manner that is of the highest ideals so that their conduct will bear the closest public scrutiny;
And whereas the private interest of elected officials of the Town of Whitchurch- Stouffville must not provide the potential for, or the appearance of, any opportunity for benefit, wrongdoing, or unethical conduct;
And whereas this Code of Conduct stems from the principles that not just employees but also elected officials should have a document against which to measure their conducts that they may be held to account;
Therefore, be it resolved that the Council of the Town of Whitchurch-Stouffville adopt certain rules that further underscore a Member of Council’s belief in his/her responsibility as a public trustee.
The Municipal Councillor’s Guide (“Councillor’s Guide, published by the Ministry of Municipal Affairs and Housing) has attempted to assist elected officials at the municipal level to understand
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their role as municipal councilors. This document, in addition to the stated purpose of the Code, further assist in understanding the meaning and parameters of the Code confidentiality rule.
Individual councillors do not have any decision-making authority conferred in legislation. However, although not listed in the Municipal Act, the Councillor’s Guide, states on page 3 that
“[a Councillor] may attract […] inquiries because of your background and interests, or the issues in your particular ward…’. The Guide goes on to caution Members of Council to “…be sure to familiarize yourself with any policies or protocols that your municipality may have in place to minimize liability or for other specific reasons. (bold and italics, my emphasis). When a Member of Council is elected, they cease to represent a particular group or matter of interest and become one part of the governing body recognized by the Municipal Act, as the decision-maker of the municipality. There are varying views on the role of a municipal councillor, however the fact remains that there is no statutory role conferred on individual members of Council in the Municipal Act. Sections 224, 225, 226.1 and 227 of the Municipal Act, define the statutory roles of Council, Head of Council, Head of Council as chief executive officer and that of Staff. An individual Member of Council has no statutory decision-making power except as part of the board of directors of the corporation: Council as a whole.
Analysis:
The Respondent has admitted that he used the words complained of during the public broadcast. I have considered what was disclosed, whether the information was already in the public domain, and whether I am empowered to consider whether the matters were appropriate for discussion in closed session.
In relation to the Respondent’s position that there was no unlawful disclosure of confidential information, because his comments were in reference to a subject that was a matter of public record, Rule 3 of the Code clearly states that:
Members are required to hold confidential;
[t]he content of any such matter, or the substance of deliberations, of the in- camera meeting until the Council or committee discusses the information at a meeting that is open to the public or releases the information to the public. [emphasis added]
This disclosed information was not a matter of public record. A matter remains confidential until there is a decision by Council that it is no longer deemed confidential. There was no decision to make this information confidential; in fact, council had voted to continue to discussion after the November 7, 2017 meeting. Whether or not a Member of Council believes that a matter should be subject of an in camera discuss is irrelevant to determining a breach of the obligation to maintain confidentiality until a matter is made public.
Further, there are recognized limitations on Council’s ability to vote in closed session. The
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Town’s Procedure By-Law states that no vote shall be taken at a closed meeting unless the meeting is closed pursuant to one of the exceptions found in section 239 of the Municipal Act and that the vote is procedural or to give instructions of staff. The public’s right to know is enshrined in the provisions of access to information in MFIPPA and the default of open meetings conferred by the Municipal Act. The Legislature recognizes that the limitation placed on the public’s right to know should be limited and specific and in fact, such specific limitations are found in section 239 of the Municipal Act, which is reiterated in the Town’s Procedure By-Law.
As stated in an article in the Municipal and Planning Law Reports2, “[t]he rationale to exclude the public was to allow discussion to take place in an environment that encouraged fulsome debate without the scrutiny of the public or the prying lens of the media, so long as the decisions themselves were made in an open session.” The 2006 amendments to the Municipal Act, brought about the requirement for all municipalities in Ontario to have mandatory procedural by-laws to ensure the transparency in meeting management. It is inexact to assert that the public has a right to know what takes place at in camera sessions. More accurately, it can be stated that with the advent of the Close Meeting rules, relying on the Supreme Court of Canada’s ruling that “[t]he democratic legitimacy of municipal decisions does not spring solely from periodic elections, but also from a decision-making process that is transparent, accessible to the public and mandated by law”3, the public has a right to request an investigation of whether a municipality has complied with section 239 of the Municipal Act or a procedure by-law under subsection 238(2) in respect of a meeting or part of a meeting that was closed to the public.
The office of a municipal councillor has statutory relevance only insofar as a Member of Council is part of the decision-making body of the Town: the Council. As mentioned above, when a Member of Council is elected, they cease to represent a particular group or matter of interest and become one part of the governing body recognized by the Municipal Act, as the decision-maker of the municipality. There are varying views on the role of a municipal councillor, however the fact remains that there is no statutory role conferred on individual members of Council in the Municipal Act.
Whether or not names are disclosed (this was not an issue raised in the current Code complaint) is not the only criteria that will determine whether a matter is a personal matter about an identifiable individual, including municipal or local body employees. The matter to which the Respondent makes reference during the November 15, 2017 radio interview, disclosed a matter that was discussed at the October 10, 2017, October 24, 2017 and November 7, 2017 closed meetings sessions of Council.
The in camera discussions engaged the personal information of an identifiable individual. Under provincial privacy legislation:
2Municipal and Planning Law Reports (Articles), 4th series, 2011. Transparent Municipal Governance: When Must a Meeting be Open? Jason Reynar, p.2.
3 RSJ Holdings Inc. v. London (City), [2007] 2. S.C.R. 588, 36 M.P.L.R. (4th) 1, 2007 CarswellOnt 3919 (S.C.C.) at para. 38.
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Section 2(1) defines “Personal Information” to mean recorded information about an identifiable individual, including:
(h) the individual’s name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual.
Section 32 states an institution shall not disclose personal information in its custody or under its control except in accordance with section 14 or other prescribed specific circumstances. Section 52 (1) of the Act applies to any record in the custody or under the control of an institution and provides that the Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to: 1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution. 2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding. 3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest. 1995, c. 1, s. 83. In relation to all the above-noted sections of MFIPPA, it is important to note that the privacy legislation applies to all municipalities for the purpose of protecting the privacy of individuals with respect to personal information about themselves in the custody or under the control of an institution. Therefore, the public’s right to know must be appropriately balanced by the adherence to the Town’s obligation to protect the privacy of and about an identifiable individual.
In his reply to the Complaint, the Respondent suggests that the Integrity Commissioner’s Complaint Investigation Report tabled at the September 26, 2017 Town Council disclosed the matter that was subject of his November 15, 2017 radio interview comments. The fact that the Integrity Commissioner’s Complaint Investigation Report relied upon the confidential findings of the third-party Whitchurch-Stouffville Workplace Investigation Report, did not change the fact that the Respondent’s comments during the November 15th, 2017 radio interview disclosed the content of confidential discussions and at the October 10th, 24th and November 7th closed meetings of Council which had not been made public.
On October 10th, 24th and November 7th motions were tabled in open session of Council to convene into closed session and a vote of Council adopted these motions. To the recollection of all those to whom I have spoken, there was no call for a reconsideration of the decision to go into closed session. Further, at the end of the November 7th Council meeting, the confidentiality of the item continued until the matter ceases to be confidential, as determined by Council.
The Respondent’s attendance at the November 15th radio interview occurred 8 days after the November 7th closed meeting of Council. Since 2016, following an incident regarding a potential
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leak of closed meeting materials, the Clerk initiated a new practice of printing a personalized watermark for each copy of the Closed meeting agendas, minutes and reports provided and collecting these orange sheets back at the end of the Closed meeting. This process clearly underscored for all Members of Council, the extent to which the Town took confidentiality seriously and Members’ were required to refrain for disclosing or releasing by any means, either oral or written form, any confidential information acquired or discussed by virtue of their office, including the substance of closed meeting deliberations.
The Respondent’s statement that his comments during the radio interview “may have inaccurately stated “twice” instead of more appropriately saying “once”, is a disingenuous attempt to skirt his responsibilities to observe the confidentiality requirements of the Code, the Town’s Procedural By-law and the statutory provisions that govern confidentiality and privacy. Mayor Altmann’s response to the Complaint referencing Town Council turning down his legal counsel’s “recommendations once in the open public session and then in the in-camera closed session”, is I dare say, wholly inaccurate. During Mayor Altmann’s November 15th radio interview, he stated “I have asked the reports to be released and I have been turned down twice in closed session”. This statement made by Mayor Altmann requesting reports is quite different from the Respondent’s legal counsel’s recommendations.
The recommendations of Mayor Altmann’s lawyer, submitted to Council in open session on September 26, 2017 were as follows: A That council include this response for the September 26, 2017 Council meeting, which discusses the investigation; B. That Council seek a judicial investigation of the investigation and the Final Report under the authority of s.274(1) of the Municipal Act, 2001 S.O. 2001, Chapter 25; C. That Council stay at the Final Report and its recommendations until such time as a review of the process of the investigation can be completed to ensure that the Final Report is based on the principles of natural justices; D. That Council request that the Ombudsman of Ontario (pursuant to s.223.13 of the Municipal Act 2001 S.O. 2001 Chapter 25) or general enquiry (pursuant to s.10 of Municipal Affairs Act …investigate the issue of the anonymous packages and matters that form the basis of the diagrams of the Mayor’s wall.
While it is clear that the Respondent views his obligation as a Member of Council to be to the public, this personally held view does not allow him to skirt the confidentiality rules contained in the Code, the Town’s Procedure By-Law, the Municipal Act and the Municipal Freedom of Information and Protection of Privacy Act. Rather, in order to conscientiously act on behalf of the public and uphold the oath of office, it is incumbent on all Members of Council to obey the rules contained in all of the governing statutes and by-laws of the municipality. Further, during the Code of Conduct Education Session, which I delivered on March 23, 2017, particular attention was given to the importance of the confidentiality rules of the Code and the section 239 of the Municipal Act. The appropriate solution for a Member of Council acting on behalf of the public as one member of the deciding body known as Council who believes that a matter should not be held in camera, is to withdraw from consideration of that particular matter on the basis that they cannot, in good conscience, consider the matter confidentially despite the majority will
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of Council.
The Respondent (i) understood that a vote of Council has been taken to convene a meeting in camera, (ii) participated in the matter which was before Council in camera (iii) knew that the discussion had not been made public, and (iv) then discussed the in camera discussion during a radio interview. Accordingly, he knowingly disclosed the substance of what was discussed in camera to the public without the approval of Council.
As succinctly pointed out by Professor David Mullan, the first municipal Integrity Commissioner in Ontario in one of his earlier complaint reports:
“[c]ouncillors cannot find justification for releasing confidential information to the Press in their own conviction that their colleagues have erred in going in camera. […] Just because (with justification) [they] felt that the motion was out of order was not a basis for taking the law into [their] own hands.”
Conclusions
The Code is a document that was unanimously adopted by Whitchurch-Stouffville Town Council as an agreement to a common understanding of rules regarding behaviour of individual Members of Council.
When evaluating the integrity and ethical conduct of a Member of Council, my role is to apply the rules of the common basis for acceptable conduct to the facts gathered throughout the investigation. When making decisions on acceptable conduct, Members of Council are to follow the rules of the Code, the policies and procedures of the municipality and the statutes in force and applicable to them.
In explaining his actions subject of this investigation, the Respondent has stated that in his comments were with reference to Council denying the recommendations of made by his legal counsel in her comments on the Respondent’s behalf at the September 26, 2017 Council meeting. I reiterate that the public comments made by Mayor Altmann during the November 15, 2017 radio interview requesting reports and being “turned down” is quite different from the Respondent’s legal counsel making recommendations during the September 26, 2017 Council meeting and Council voting in open session on that date, to not adopt the Respondent’s recommendations. The fact that he had made another request for the reports and that his request was refused at an in camera meeting could not have been the subject of his counsel’s comments because the in camera meetings had not yet taken place.
Members of Council are held to a high standard of behaviour. This is sometimes perceived as unfair or at odds with their civic duty and obligations to their constituents. However, the Code, the agreed upon common basis for acceptable conduct, states that Town of Whitchurch- Stouffville’s Members of Council have the privilege of attaining elected office and that privilege carries significant responsibilities and obligations including fairness and respect for differences of opinion and a duty to work together for the goodwill and common good of the municipality.
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If a Member of Council finds fault in the decision of Council, whether that be a decision to go into closed session or some other procedural matter, there are appropriate and lawful remedies available to the Member. First and foremost, a Member may request a recorded vote to demonstrate one’s disagreement with the decision to go into closed session and withdraw from the portion of the meeting held in camera. No amount of disagreement with the reasons for Council voting to go into closed session, justifies, to borrow a phrase used by Professor Mullan, “… taking the law into [her or his] own hands.”
I have carefully reviewed the response of the Respondent and find he was aware of his confidentiality responsibilities contained under Rule 3 of the Code and aware that his comments made during the November 15, 2017 broadcast were made with respect to matters subject of a discussion at a closed meeting of Council.
In making my decision, I took into consideration that the Town has in place a Procedural By- Law that contains rules regarding in camera meetings, in addition to the fact that the Town’s senior officials provided information sessions to newly elected Members of Council on rules pertaining to the exercise of their duties, including those rules that relate to confidentiality.
I reiterate that any prior alleged breaches of the rules of the Code or a desire to inform constituents of what he perceived to be a denial of the procedural fairness during a prior Code investigation would not serve as a justification for the Respondent to have breached a rule of the Code in the complaint at hand.
Finally, through my informal inquires to both the Office of the Ombudsman of Ontario and the Local Authority Services Limited (LAS), a subsidiary of the Association of Municipalities of Ontario, I have confirmed that any member of the public, which includes a Member of Council, may initiate a request for a closed meeting investigation if they believe that a meeting of a municipal council was unlawfully closed to the public, rather than to take the “law into their own hands”.
Findings
I find that Mayor Justin Altmann did breach Rule 3 of the Code by disclosing the content of a matter that was substance of deliberations of October 10th, 24th and November 7th, 2017 in camera meetings through his comments made during the November 15, 2017 radio interview on the 105.9 program “Mayor in the Morning”.
I find that Mayor Justin Altmann knew or should have known that any discussion on the substance of the October 10th, 24th or November 7th, 2017 in camera meetings was a violation of the confidentiality provisions of the Code of Conduct and that he was well aware that making such comments during a radio interview would have been in violation of the rules of the Procedure By-Law and the Code of Conduct.
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The Mayor’s disregard for the observance of the rules around confidentiality demonstrates an unacceptable unwillingness to exercise his role according to the existing rules of the Town of Whitchurch-Stouffville.
Given the information that I have obtained throughout this investigation, I cannot conclude that the Mayor’s actions in contravention of this Code were committed through inadvertence or an error of judgement made in good faith.
Recommendation
I recommend that the Town of Whitchurch-Stouffville Council: i) issue a formal Reprimand to Mayor Justin Altmann in relation to his violation of the confidentiality provisions of the Code of Conduct; and
ii) suspend the remuneration paid to Mayor Justin Altmann in respect of his role as Mayor for a period of 90 days.
iii) apply any other remedial actions that Council deems appropriate as a remedy to the breach.
Respectfully submitted by:
SuzanneSuzanne Craig Craig March 2, 2018
Integrity Commissioner
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 57 of 226 REPORT OF THE INTEGRITY COMMISSIONER ON A COMPLAINT THAT MAYOR JUSTIN ALTMANN VIOLATED THE CODE OF CONDUCT BY DEFYING THE DIRECTION OF COUNCIL OF THE TOWN OF WHITCHURCH-STOUFFVILLE
Preliminary Issues
On February 7, 2017, the Council of the Town of Whitchurch-Stouffville, through Resolution, adopted Report No. CS-006-17 – Adoption of Council Code of Conduct and Appointment of Interim Integrity Commissioner (F18), which appointed me as Integrity Commissioner “for the Corporation of the Town of Whitchurch-Stouffville (the “Town”) for the purpose of applying the rules of the Code of Conduct for Members of Council (the “Code”) and investigating potential breaches of the Code.
On September 26, 2017, I attended at the Town Centre to tender my Code of Conduct Complaint Investigation report in respect of a complaint in which Mayor Justin Altmann was named as the Respondent. I investigated alleged breaches of three Rules of the Code.
Following my investigation of the Complaint, I found that Issue #1 involved allegations of both workplace violence (which I referred to as Issue #1A) and workplace harassment (Issue #1B). I found that the allegations of workplace violence under Issue #1A were on their face of a criminal nature under the Criminal Code. As a result, I did not investigate the workplace violence allegations raised in Issue #1A, and I made no findings in regard to that issue.
With regard to Issue #1B, I found that the actions of the Respondent did constitute workplace harassment and a breach of Rule 14 of the Code, which prohibits such harassment. The Respondent’s conduct in developing a Wall in his office bathroom created and contributed to an intimidating work environment for the Complainant and other employees. This was contrary to the Respondent’s obligations under the Code and under the Town’s Harassment and Discrimination Free Policy, Policy No. 42 (the “Workplace Harassment Policy”).
On Issue #2, I found that the Respondent’s conduct interfered with Town staff’s professional role in a manner that breached Rule 16 of the Code. The Respondent should have known that his conduct was unwelcome and should have foreseen that it would improperly influence Town staff in the performance of their duties.
On Issue #3, I found that the Respondent’s creation of the Wall was discreditable conduct that fell below the decorum expected of his office, in breach of Rule 15 of the Code. After considering the Respondent’s reasons for creating what he described as a “mind map” of evidence, I concluded that his conduct demonstrated an error in judgement and not a willful desire to cause harm or breach the Code. I accordingly found that the Respondent’s contravention of Rule 15 was as a result of conduct that was misplaced but was not carried out in bad faith.
In determining the appropriate sanctions and corrective actions at the conclusion of the investigation into the complaint allegations, I considered the gravity of the conduct, the responsibility of the Respondent for that conduct, and the submissions of the parties. I recommended:
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1. that Council impose the following sanctions:
(a) a Reprimand of the Respondent, including an admonition to interact respectfully with staff and use Town offices and facilities appropriately; and
(b) a Suspension of remuneration paid to the Respondent in respect of his services as a member of council, for a period of 30 days.
2. that Council enact the following corrective actions:
(a) request the Respondent to issue an apology, in open session of council, for having created the Wall in the Office of the Mayor’s washroom which was then viewed by Staff, which was vexatious and disturbing to staff and amounted to a serious incident of workplace harassment.
3. that the Respondent provide evidence of compliance with the sanctions and corrective actions of Council within 90 day of receipt this report. Council accepted my recommendations and imposed the sanctions and corrective actions set out above.
The Complaint
At issue in this complaint is the non-compliance of Mayor Justin Altmann with the Town Council’s adoption of the recommendations of the Integrity Commissioner. The Complaint alleges that Mayor Altmann did not comply with Council resolution in respect of the Report of the Integrity Commissioner, adopted at the September 26, 2017 Council meeting.
In particular, the Complaint states that Mayor Justin Altmann:
Has defied the direction of Council by repeatedly and publicly declaring his intention to not comply with the accepted recommendations of the Integrity Commissioner within the mandated 90 days in contravention of Rules 1.1, 13.1, 15.1,18.1 and 20 of the Council Member Code of Conduct (the “Code”).
The Relevant Provisions of the Code of Conduct
Rule No. 1.1 – Key Principles
Members of Council shall serve and be seen to serve their constituents in a conscientious and diligent manner.
The Commentary to this rule underscores that Members carry out their official Town activities in a way that will foster and enhance respect for government and above all, demonstrate respect for members of the public.
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Rule No. 13.1 – Encouragement of Respect for the Town and its By-laws
Members of Council shall encourage public respect for the Town and its by-laws.
The Commentary to this rule sets out that a Member of Council must not denigrate a Town by-law in responding to a citizen, as this undermines confidence in the Town and the rule of law.
Rule No. 15.1- Discreditable Conduct
Members of Council shall conduct themselves with appropriate decorum at all times.
The Commentary to this rule provides that as leaders in the community, Members are held to a higher standard of behavior and conduct and accordingly their behaviour should be exemplary
Rule No. 18.1- Failure to Adhere to Council Policies and Procedures
Members of Council shall adhere to such by-laws, policies and procedures adopted by Council that are applicable to them.
Commentary on Rule 18 A number of the provisions of the Code of Conduct incorporates policies and procedures adopted by Council. More generally, Members of Council are required to observe the terms of all policies and procedures established by Council.
Rule No. 20.2
The Integrity Commissioner may also recommend that Council take the following actions: … e) A written and/or verbal request for an apology to Council, the complainant, or both.
These rules require each Member of Council to avoid any denigration of any bylaw or policies of the Town, including the outright non-adherence to them. Healthy and respectful debate is part of the democratic foundation of a municipal Council. However, to willfully ignore and denigrate a rule of the Town, duly voted upon and passed by Council, the governing body of the Town, is a violation of the Code of Conduct.
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 60 of 226 Integrity Commissioner’s Jurisdiction
Section 223.3 of the Municipal Act, 2001 states that: (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Integrity Commissioner who reports to council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to, (a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; (b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or (c) both of clauses (a) and (b). 2006, c. 32, Sched. A; and (2) Subject to this Part, in carrying out the responsibilities described in subsection (1), the Commissioner may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality.
Background to the Complaint
The Respondent, Mayor Justin Altman, is the Mayor of the Town of Whitchurch-Stouffville. He was elected for a first term in 2014.
In February 2017, my Office received a Code complaint in which the Mayor was named as the Respondent. Following a lengthy investigation, on September 26, 2017, I presented my investigation findings to Town Council, with recommendations. The Investigation Findings Report of the Integrity Commissioner was tabled in open session of Council. Town Council received the Complaint investigation report.
The Respondent’s legal counsel attended that Council meeting and read a prepared statement on behalf of the Mayor. He made the following requests to Council:
A That council include this response for the September 26, 2017 Council meeting, which discusses the investigation; B. That Council seek a judicial investigation of the investigation and the Final Report under the authority of s.274(1) of the Municipal Act, 2001 S.O. 2001, Chapter 25; C. That Council stay at the Final Report and its recommendations until such time as a review of the process of the investigation can be completed to ensure that the Final Report is based on the principles of natural justices; D. That Council request that the Ombudsman of Ontario (pursuant to s.223.13 of the Municipal Act 2001 S.O. 2001 Chapter 25) or general enquiry (pursuant to s.10 of Municipal Affairs Act …investigate the issue of the anonymous packages and matters that form the basis of the diagrams of the Mayor’s wall.
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 61 of 226 After hearing all of the submissions, Council adopted the recommendations of the Integrity Commissioner.
Council viewed the issuance of an apology as a necessary corrective action to deal with the Mayor’s misconduct. The Mayor has not simply refused to apologize but rather the manner in which he has refused to apologize, has denigrated the decision-making authority of Council.
On November 15th, on the radio channel 105.9 The Region, the Respondent stated “Council would not listen to my lawyer. Would not hear out my lawyer.” This statement suggests that the Respondent’s legal counsel was not given an opportunity to address and be heard by Town Council at the September 26,2017 meeting. The minutes of that meeting show that the Respondent’s legal counsel requested Council afford her the opportunity to read out the Respondent’s 30-page response to the Code of the Conduct Complaint.
During the radio interview, the Respondent mentioned the Independent Workplace Investigator’s Report and went on to further state that “I have asked the reports to be released. I have been turned down not only once in a public meeting but also twice in Closed Sessions…I will be asking for a judicial review, and that will take a process, and that will go and look at how the process and everything was done…Members of Council want an apology, they want to say ‘he was wrong, he’s done this’. In all honesty, I am a very reputable person. My integrity is everything.”
The Respondent has publicly criticized the accepted process making comments like “I’m not going to apologize for errors (the Commissioner) made.”1
Staff has approached me to discuss how the Mayor’s refusal to apologize and manner in which he refused had affected them. Staff have viewed the Mayor’s behavior and manner in which he refused to apologize, which has been widely publicized in the media through his various radio interviews, as an indication that “nothing has changed” and they have therefore, decided to put up with a toxic work environment while actively job searching, and have resolved to leave once they have found new jobs. Individuals have stated to me that they “were looking for a sincere apology…” and “sincerity on his part”. Mayor Altmann has publicly stated that he intends to seek judicial review of Council’s decision. However, to date the Respondent has not taken steps to have Council’s decision considered by a court.
Respondent’s Position
In response to this complaint, Mayor Altmann relied on the earlier submissions of his lawyer. By email, Mayor Altmann stated “I respectfully have provided you with my solicitor’s comments below to your report to council on September 26th, 2017. Until such review is completed I believe it both fair and reasonable that no further punitive measures are taken.”
1 Stouffville Review, January 16, 2018, Duncan Fletcher.
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Analysis
Under the Municipal Act and the policies of the Town, Council has the jurisdiction to adopt the recommendation of the Integrity Commissioner of remedial action in the form of an apology where there has been a finding of a contravention of the Code of Conduct.
The Code and its procedural rules do not specifically contemplate a circumstance in which the Respondent will deliberately refuse to comply with the corrective action requested by Council. As a result, resort must be had to the general provisions of the Code which permit the Integrity Commissioner to investigate complaints that members have failed to encourage respect for the Town and to comply with Council’s by-laws, policies and procedures.
As set out above, on September 26, 2017, Town Council received the Investigation Report of the Integrity Commissioner in respect of a Code Complaint against Mayor Altmann and adopted the following recommendations: The Office of the Integrity Commissioner respectfully recommends:
that Council impose the following sanctions:
(a) a Reprimand of the Respondent, including an admonition to interact respectfully with staff and use Town offices and facilities appropriately; and
(b) a Suspension of remuneration paid to the Respondent in respect of his services as a member of council, for a period of 30 days.
that Council enact the following corrective actions:
(c) request the Respondent to issue an apology, in open session of council, for having created the Wall in the Office of the Mayor’s washroom which was then viewed by Staff, which was vexatious and disturbing to staff and amounted to a serious incident of workplace harassment.
(d) that the Respondent provide evidence of compliance with the sanctions and corrective actions of Council within 90 day of receipt this report.
“Public interest remedies” have long been used in Human Rights and Workplace Harassment cases to indicate types of remedies that have an impact on the broader community of individuals who are affected beyond the specific circumstance of a particular breach. Public interest remedies include mandatory education, publicizing the fact of the complaint and finding and issuance of a formal public apology that puts on the public record that the conduct of the Respondent fell short of the acceptable behavior expected of the members of the particular organization.2
Occasionally, in cases involving Workplace Harassment, staff will raise allegations of harassment immediately after the misconduct occurs. However, more often, especially in a work
2 Ontario Human Rights Commission
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Annual and Final Integrity Commissioner Report - Suzanne Craig Page 63 of 226 environment with a history of reprisal against staff, staff will attempt to cope with the situation without making a report against the harasser. In the context of a municipality, choosing how to deal with harassment, staff may be influenced by factors such as the tone set by Members of Council and what response is given to Code complaints made against elected officials. Often, staff view no alternative but silence, as bringing forward a complaint may reasonably lead to them losing their job because of “rocking the boat.” The combination of fear of reprisal and loss of employment may be a barrier to reporting Code complaints for staff, in particular for persons identified by a Complaint in a small municipality or community.
The Town of Whitchurch Council may be surprised to hear what staff have experienced within the context of Code of Conduct Complaint investigation #WS1701, insofar as for some, the experience of reporting the harassment and coming forward with a Code complaint or cooperating with the Integrity Commissioner may have been as difficult or worse than the initial harassment experienced by the staff person. In many cases, the individual who raised allegations of harassment under the Code has experienced negative impacts on their work life, personal life and health on top of the immediate challenges of harassment at the Town.
For some of the individuals who participated in the investigation of Code of Conduct Complaint investigation #WS1701, they have had to live in a small community being viewed as having caused problems. In more severe cases, some who have come forward have experienced subtle reprisals that prevent them from being fully productive in the workplace.
The Town Council edict in which it requested that the Mayor apologize to the complainant was intended as corrective action to repair the damaged relationship between the Mayor, the public, staff, and the Town. However, the Mayor’s conduct in response to this imposed corrective action has instead further damaged the Town.
The Respondent’s refusal to offer an apology as requested by Town Council is not automatically a breach of the Code, however, the manner of his defiance against the agreed will of Council and open contempt for the Code of Conduct process undermines the Town’s authority. Far from encouraging public respect for the Town as required by the Code through his public criticism of the decision-making process and the collective decision of Town Council, the Respondent has denigrated respect of the Town’s authority.
The Respondent’s refusal to apologize in accordance with Town Council’s decision on remedial action is not simply an act of defiance in which the Respondent’s actions and public statements confirm that he is not going to apologize, but in so doing, the Respondent is creating an environment in which he is calling into question the authority of Council in making decisions for the Town. By this conduct, the Respondent is undermining the authority of Council contrary to his ethical obligations under the Code.
Conclusions
This matter should have been resolved within 90 days of the adoption of the Report of the Integrity Commissioner on September 26, 2017. The absence of the tendering of an apology by the Respondent demonstrates a willful indifference to the decision of Council and the significant
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Findings
With no clear provision in the Code to address the Respondent’s conduct in his refusal to offer an apology, the only way to hold a Member of Council responsible for failing to abide by a decision of Town Council is by way of a Code complaint and investigation of such actions.
I confirm that, in accordance with the decision of Council rendered on September 26, 2017, Council asked Mayor Justin Altmann to issue an apology, in open session of council, for having created the Wall in the Office of the Mayor’s washroom which was then viewed by Staff, which was vexatious and disturbing to and amounted to a serious incident of workplace harassment.
I further confirm that I have not been provided evidence that within 90 days of the September 26th Council meeting, the Respondent has complied with the corrective actions requested by the Town of Whitchurch-Stouffville Council.
The failure to offer an appropriate apology to a staff person who was found to have been a victim of workplace harassment as found by the Independent Workplace Investigator’s Report, has seriously undermined the principle of the primacy of Council and the respect for staff at the Town. I find that the Respondent’s refusal and defiant manner in which he refused to give an appropriate apology for the actions that amounted to workplace harassment found by the Independent Workplace Investigator, and the findings of the Code of Conduct Investigation Report #WS1701 is a breach of Rules 13 and 18 of the Code , Encouragement of Respect for the Town and its By-laws and Failure to Adhere to Council Policies and Procedures. I further find that the public statements made by the Respondent amounted to a public indictment of the Town Council’s decision as incorrect and without merit, The result of the combined actions of the Respondent’s refusal to apologize and statements against the Town’s decision in the manner in which he refused to apologize, denigrated the September 26th decision of Town Council and undermined the authority of Town Council in contravention of Rule 15 of the Code, Discreditable Conduct.
Recommendation
In the face of the Respondent’s conduct in refusing to issue an apology as requested by the Council resolution on September 26, 2017, I recommend that Council impose the sanctions below. The Municipal Act permits Council to impose sanctions, including a reprimand and suspension of remuneration for up to 90 days. The Code of Conduct gives the Integrity Commissioner the authority to recommend either or both of the statutory sanctions, in addition to recommending that Council impose remedial measures.
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I recommend that the Town of Whitchurch-Stouffville Council: i) Issue a formal Reprimand to Mayor Justin Altmann in relation to his refusal to issue an apology in accordance with the Council decision of September 26, 2017;
ii) Suspend the remuneration paid to Mayor Justin Altmann in respect of his role as Mayor for a period of up to 90 days.
iii) Other remedial action as deemed appropriate by Council under its statutory authority, which may include any or all of the following: 1. Removal from membership of a committee; 2. Removal as Chair of a committee; 3. Writing a new job description for the Executive to the Mayor to clarify her reporting relationship in respect of support to Council Members 4. Apart from during Council Meetings, communicate with municipal staff solely by email to an email address to be provided. No other form of communication shall be permitted nor responded to; 5. Immediately return his keys and Access Card to the municipal offices; 6. Barring access the municipal offices except to attend at the Front Desk to pick up his Council packages or make bill payments and to attend Council Chambers for Council meetings.
Respectfully submitted by:
SuzanneSuzanne Craig Craig March 2, 2018
Integrity Commissioner
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Town of Whitchurch-Stouffville Council Report Item 1
Subject: Mayor’s Community Fund Expenses (F09)
Staff Report No. CAO- 002-18
Department: CAO
Date: March 6, 2018
Recommendation:
1) That Council receive Report No. CAO-002-18 for information.
1. Purpose: To bring forward the request of the Mayor for reimbursement.
2. Background:
In November 2016, an application for disclosure of certain information about the Mayor’s Community Fund was commenced by United Soils Management Ltd. (USM) against Justin Altmann. The Mayor had sought support from the Town to defend this application for information, by requesting $5,000.00 to pay for a lawyer’s retainer fee.
Staff reasoned if the Mayor’s Community Fund was part of the greater municipal corporation, the Municipal Freedom of Information and Protection of Privacy Act (“Act”) would apply to the request for information. As a result, the requested information, if within the Town’s care and control, would be required to be provided under the Act, and there would be no need for any legal support or retainer fee.
The Mayor declined to release the requested information at that time, in part on the basis that the Mayor’s Community Fund was at arms length from the Town. Given the lack of any Council endorsement of the Mayor’s Community Fund, staff took the view that as the Mayor’s Community Fund was not a Town sanctioned activity and the Town should not provide money for a legal retainer as had been requested by the Mayor. The Town Solicitor was not asked to assume carriage of this file on behalf of the Mayor. The Mayor obtained his own independent legal counsel. The Mayor did not consult with staff or seek approval for his choice of lawyer.
Report No. CAO-002-18 - Mayor’s Community Fund Expenses (F09) Page 67 of 226 Council Report March 6, 2018
In addition, staff were not asked to consult with the insurer on behalf of the Mayor. As a result, staff did not contact the insurer or represent the Mayor in this matter. The Mayor’s lawyer, without advising the Town, ultimately sought and received coverage on behalf of the Mayor under the Directors and Officers policy rather than the general policy.
On November 20st, 2017 the CAO received the following request for reimbursement:
Mayor Altmann has a statement from Sotos Lawyers for payment in the amount of $350.00. This was for a consultation in February 2017 concerning United Soils Management Ltd. v. Justin Altmann.
What is the process for reimbursement?
On November 21st the CAO received the following further information sent on behalf of the Mayor:
“Mayor Altmann approached staff (the Acting CAO and the Town Solicitor) and was advised that he was not covered by the Town’s insurance for any legal fees incurred in the United Soils Management Ltd. v. Justin Altmann (the Mayor’s Community Fund).
Mayor Altmann consulted with Sotos Lawyers. Sotos contacted the Town’s insurance company and discovered that the Mayor’s legal fees were in fact covered by the Town’s insurance. This consultation cost the Mayor $350.00 personally.”
The same day the following response was provided to the Mayor:
“I have reviewed the history of this matter.
The CAO has broad delegated authority. One of the fundamental tenants of such a delegation is the requirement to refer to a higher authority any matters that are not clearly in accordance with policy, practice, unusual or known to be of interest to Council.
While the Mayor’s function goes beyond Town sanctioned projects and events, I find no specific approval, budget or motion for the Town to expend funds on activities related to the Mayor’s Community Fund. On the contrary, I have fielded a number of concerns from members of Council with respect to use of Town resources on non-sanctioned events. As a result, I know there is an interest on Council’s part. I am happy to refer the matter to Council for a determination if you wish. Please advise.”
On February 6th, 2018 the Mayor requested the matter be brought forward to Council.
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Report No. CAO-002-18 - Mayor’s Community Fund Expenses (F09) Page 68 of 226 Council Report March 6, 2018
3. Analysis and Options:
The Town recognizes that it’s directors and officers may attract liability in the performance of their duties. For Town sanctioned activity the programs are often specifically endorsed by Council or arise from Council approved budgets and programs. Any action arising would normally be part of the Town’s operation and if required defended by Town internal or external legal and general insurance.
The Mayor’s Community Fund is not a Town sanctioned committee. There are activities that any director or officer may participate in that are not part of the Town’s function or sanctioned by the Town. Should an issue arise with a non-sanctioned activity the Town would not get involved without Council authorisation. However, Directors and Officers insurance may be applicable if the circumstances meet the requirements of the policy. Such a determination is made by the insurance company.
By-Law 2003-118-EM
A by-law established in 2003 may have applicability. It appears this by-law may predate Directors and Officers insurance but does speak to direct reimbursement of legal expenses. There are two clauses that may have impact here:
“1 b) "covered action or proceeding" means an action or proceeding commenced after the passing of this by-law and arising out of acts or omissions done or made by the member of council or employee in their capacity as a member of council of the Town or as an employee of the Town, including while acting in the performance of any statutory duty, and duties arising as an appointee to a board or other agency where such appointment was authorized by Council or the Treasurer/Administrator of the Town, provided that the member of council or the employee is an individual within the meaning of this bylaw;”
There is no statutory duty to establish a Mayor’s Community Fund. Council has made no appointment of the Mayor or any individuals to the Mayor’s Community Fund. “4. The Town shall not reimburse an individual under this by-law unless the Town solicitor has approved of the legal counsel retained by the individual.”
No such approval was sought from or provided by the Town solicitor.
As the Mayor’s Community Fund is not a Town sanctioned entity, it’s membership has not been appointed by Council, nor is operating a community fund a requirement of any statutory duty, the circumstances do not constitute a “covered action or proceeding” as defined by the by-law. As a result, payment of the $350 legal bill is not recommended. As the matter is outside the Town’s function, reimbursement if appropriate, would rest with Director and Officer’s insurance.
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Report No. CAO-002-18 - Mayor’s Community Fund Expenses (F09) Page 69 of 226 Council Report March 6, 2018
Recommended Option
Do not reimburse the expense. Receive the report as information.
Alternate recommendation
That staff be authorised to process payment.
4. Financial Implications: $350.00
5. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
Fiscal and Asset Management
As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests.
6. Attachments: By-law 2003-118-EM
7. Related Reports: None
For further information on this report, please contact Roman Martiuk, CAO at 905- 640-1910 or 1-855-642-8697 ext. 2245 or via email at [email protected]
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Report No. CAO-002-18 - Mayor’s Community Fund Expenses (F09) Page 70 of 226 CAO-002-18 Attachment 1
THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2003-118-EM
A By-law to provide for certain insurance and reimbursement of Members of Council and Employees by the Town of Whitchurch-Stouffville.
WHEREAS Section 243 of the Municipal Act, R.S.0.1990, c. 45, as amended, (the "Act") provides that the council of a municipality may provide by by-law for paying in whole or in part such expenses of the members of council and of the employees of the municipality as are actually incurred as a result of their acting in their capacity as members of council of the municipal corporation or employees of the municipality;
AND WHEREAS such a by-law is deemed advisable.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law,
(a) "action or proceeding" includes all civil actions, provincial offences, or administrative proceedings, except a proceeding brought under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended, the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, Criminal Code, R.S .C. 1985, c.C.46, as amended, or municipal parking and traffic by-laws;
(b) "covered action or proceeding" means an action or proceeding commenced after the passing of this by-law and arising out of acts or omissions done or made by the member of council or employee in their capacity as a member of council of the Town or as an employee of the Town, including while acting in the performance of any statutory duty, and duties arising as an appointee to a board or other agency where such appointment was authorized by Council or the Treasurer/Administrator of the Town, provided that the member of council or the employee is an individual within the meaning of this by law;
(c) "employee" means any salaried officer or any other person in the employ of the Town of Whitchurch-Stouffville, and includes appointees and volunteers acting under the direction of a person in the employ of the Town;
(d) "individual" means a person who was a member of council or was an employee, as the case may be, at the time the cause of action or proceeding arose or at the time that the act or omission occurred that gave rise to the action or proceeding, notwithstanding that prior to judgement or other settlement of the proceeding the person ceased to be a member of the council or to be an employee.
LEGAL REPRESENTATION
2. Subject to the provisions of this by-law, in a covered action or proceeding against an individual or in which the individual is a party and in which their conduct is called into question , the Town shall defend or represent the individual in the covered action or proceeding in the name of, and on behalf of, the individual.
RETAINING LEGAL COUNSEL
3. An individual may retain his/her own legal counsel for his/her defence or representation in a covered action or proceeding in lieu of the defence or representation provided by the Town, provided that the Town shall not reimburse the individual for their legal costs and shall not make payment
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under this by-law except where the Town has declined to defend or represent the individual because either:
(a) the Town has determined that it would be inappropriate for the Town to defend or continue to defend or represent the individual; or
(b) the Town is satisfied that the interests of the Town and the individual conflict.
4. The Town shall not reimburse an individual under this by-law unless the Town solicitor has approved of the legal counsel retained by the individual.
5. The Town shall have the right to reasonably limit the amount which it shall pay an individual for legal costs, and may require that any account for legal costs for which reimbursement is sought be assessed by a Court Assessment Officer prior to payment by the Town. The Town solicitor shall have the right to review the account on a monthly basis upon request.
6. Any requirement that the Town reimburse an individual for the costs of defence or representation in a covered action or proceeding shall take into account any existing association sponsored, or pre-paid legal assistance plan, or any defence cost insurance, or funding that the individual has purchased or is available to the individual and shall be reduced by or repaid to the Town by the individual to the extent of any costs received or recovered by the individual, including costs awarded in the action or proceeding.
7. Where the Town is defending or representing an individual in a covered action or proceeding, the Town may make such investigation, negotiation and settlement of any claim in the covered action or proceeding as may be deemed necessary or expedient by the Town.
THIRD PARTY ACTIONS
8. An individual may not commence a third party action or proceeding unless such action or proceeding is part of the proper defence by the individual of a covered proceeding under this by-law, and only if such action or proceeding has been approved by the Town solicitor.
APPEALS
9. Where an individual seeks to appeal a judgement in a covered action or proceeding, the Town shall have sole discretion to determine whether an appeal should be pursued, and whether the cost of the appeal will be covered by this by-law. If an individual pursues an appeal without representation by the Town and is successful in that appeal, the Town shall have sole discretion to determine whether the individual shall be indemnified for his/her legal costs.
DAMAGES, MONETARY PENALTIES AND COSTS
10. Subject to this by-law, in a covered action or proceeding, the Town will:
(a) pay all damages and legal costs, including interest, awarded against an individual; (b) pay all sums required in connection with the settlement of the action or other proceeding against an individual provided that as a condition precedent the Town approves the terms of the settlement;
(c) pay any monetary penalties or award of damages levied or imposed against an individual by reason of the individual being convicted of any violation of any federal, provincial or municipal statute or by-law except the Highway Traffic Act, municipal parking and traffic by-laws, and Criminal Code offences;
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provided always that the legal liability for damages or for the imposition of a monetary penalty arose out of acts or omissions done or made by the member of council or employee in their capacity as a member of council or employee of the Town including while acting in the performance of any statutory duty, and in the attempted performance in good faith of their duties, and provided further that the individual agrees to execute any documents required by the Town to enable the Town to subrogate as to the position and as to any rights or cause of action of the individual.
11. Where an individual who is no longer a member of council or an employee is summoned as a witness in an action or proceeding, the individual shall be compensated for their time on a per diem basis at the rate of pay received by him/her immediately prior to termination of employment or appointment to council, and reasonable travel costs.
12. Notwithstanding the foregoing, in respect of any action or proceeding where an individual has acted in bad faith, or outside the scope of their authority, the Town may determine that the said individual is not entitled to coverage pursuant to the within by-law. In the case where the Town has determined that a person is not entitled to coverage, that person shall be responsible for all costs in connection with representation in the action or proceeding and shall reimburse the Town for all costs paid by the Town, and shall be responsible for payment of any penalty or damages or costs awarded or imposed against the individual in the action or proceeding.
13. This by-law does not apply to an action or proceeding where the legal proceeding relates to a grievance filed under the provisions of a collective agreement or to a disciplinary action taken by the Town as an employer, except insofar as the individual is exercising management or management support functions.
14. In determining whether an action or proceeding is a covered action or proceeding, the Town may obtain the advice and assistance of a qualified and independent party.
15. This by-law comes into force on the day it is passed.
READ a first and second time this 19th day of August, 2003.
READ a third time and passed this 19th day of August, 2003.
~ ,~~I Michele Kennedy, Clerk /
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Town of Whitchurch-Stouffville Council Report Item 2
Subject: Temporary Road Closure Extension Request for Construction – Lloyd Street (T08)
Staff Report No. PW-009-18
Department: Public Works
Date: March 6, 2018
Recommendation:
1) That Council approve the request to extend the temporary road closure of Lloyd Street, from Main Street to approximately 50 metres south of Main Street, for the period of January 1, 2018 to November 2, 2018, to facilitate construction activity at 6233 - 6245 Main Street (SPA12.004); and
2) That Council authorize staff to re-issue all necessary Road Occupancy Permits, subject to any fees payable, for the extended use of the Main Street and Lloyd Street road allowances to facilitate construction activity at 6233 - 6245 Main Street (SPA12.004); and
3) That Council enact By-law 2018-029-RD to close Lloyd Street from Main Street to approximately 50 metres south of Main Street from January 1, 2018 to November 2, 2018.
1. Purpose:
The purpose of this report is to seek Council’s authorization to extend the Lloyd Street road closure, from Main Street closed to approximately 50 metres south of Main Street, from January 1, 2018 to November 2, 2018 as requested by Geranium Corporation. The closure is required for the construction of the new Pace on Main development (SPA12.004). The report also seeks Council’s authorization to re-issue all necessary Road Occupancy Permits to address the extended construction schedule.
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2. Executive Summary:
The By-Law addressing the temporary closure of Lloyd Street expired at the end of 2017. Geranium Development Corporation has requested the extension of the Lloyd Street road closure to facilitate the ongoing construction of the Pace on Main condominium project. Geranium Development Corporation has requested an extension of the road closure until the end of October 2018. An extension of the Road Occupancy Permits is also required for this time period. Road closure and road occupancy fees, payable by the Developer, are expected to total $107,658.50 in 2018.
3. Background:
The demolition permits for the buildings located at 6233, 6237, 6241 and 6245 Main Street were issued on March 29, 2016. Demolition has since been completed. The Developer is continuing construction work on the site and requires that Lloyd Street remain closed to facilitate construction. At the Council meeting of May 3, 2016 Council adopted the following resolution with respect to the temporary road closure for construction on Lloyd Street:
3) AND THAT Council direct staff to report back on May 17, 2016, with an addendum to the Fees and Charges By-law to implement the following fees for construction and development related activities: an Area Based Road Occupancy Fee; a Road and Lane Closure Fee; and an Aerial Crane Trespass Fee.
At the Council meeting of May 17, 2016 Council adopted the following resolutions with respect to the temporary road closure for construction on Lloyd Street: 6) THAT Council approve the request for a temporary road closure of Lloyd Street from Main Street to approximately 50 metres south of Main Street to facilitate the demolition and construction activity proposed at 6233 – 6245 Main Street (SPA12.004);
7) AND THAT Council authorize staff to issue all necessary Road Occupancy Permits and Encroachment Permits for the installation of construction hoarding complete with covered sidewalk and excavation shoring support system within the road allowance of Main Street and Lloyd Street to facilitate the demolition and construction activity proposed at 6233 – 6245 Main Street (SPA12.004);
8) AND THAT the applicant be subject to Road Occupation Fees for Lloyd Street and a portion of Main Street, and the Aerial Crane Trespass Fee only, as set out in the Town’s Fees By-law as amended and outlined below;
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• Occupation of Lloyd Street - $58,500 • Aerial Crane Trespass - $10,800 • Occupation of Main Street, equivalent to three (3) parking spaces - $9,957
Total $79,257
11) AND THAT Council enact By-law 2016-045-RD to close Lloyd Street from Main Street to approximately 50 metres south of Main Street from May 30, 2016 to December 30, 2017
12) AND THAT Council enact By-law 2016-058-PR to implement a No Parking Restriction on the south side of Main Street from 30 metres west of Lloyd Street to 55 metres east of Lloyd Street while as the Road Occupancy Permit for the construction hoarding and covered sidewalk is in effect.
4. Analysis and Options:
Geranium Development Corporation has been working with staff to extend the construction management plan and road closure for File No. SPA12.004. The Developer (Geranium Corp.) has sought permission to extend certain work and activities that fall under the Site Plan Control Agreement for the redevelopment of 6233 - 6245 Main Street and the construction management plan. The request is included in this report as Attachment 1.
4.1 Lloyd Street Closure
Geranium Corporation approached the Town in a letter dated February 20, 2018 with a request to extend the temporary closure of Lloyd Street from Main Street to approximately 50 metres south of Main Street to facilitate construction of the new “Pace on Main” building. The intent of the extended closure is for the Developer to continue to utilize the closed portion of Lloyd Street as a staging area for construction and deliveries to the site. If Council approves the continuation of the temporary closure, the residents and businesses in the area will be advised accordingly.
4.2 Main Street Road Occupancy Permit – Covered Sidewalk and Hoarding
In November 2015, Geranium Corporation applied for a long duration road occupancy permit for the installation of a covered sidewalk and construction hoarding. The covered sidewalk and hoarding fence occupies existing on-street parking spaces and sidewalk on Main Street from Lloyd Street to approximately 50 metres east of Lloyd Street. This covered sidewalk protects pedestrians from falling objects during demolition and
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construction. Pedestrians are protected from vehicular traffic by utilizing jersey barriers at the base of the hoarding. The road occupancy permit extension will be issued following approval by Council, subject to required fees payable.
4.2.1 Area Based Road Occupancy Permit Fees
The road occupancy permit fees implemented are fee-based on the area of the road, sidewalk or boulevard that is being occupied or closed to facilitate the development activity. Based on the Fees & Charges By-law 2018-001-FI, the following fees are recommended: • Area Based Road Occupancy fee of $0.50/square metre/day be applied for occupation of roads, boulevards, sidewalks and on-street parking space for the duration of construction related activities, estimated at 307 days; and • Road Closure fee of $30/day for road and lane closures; and • Aerial Crane Trespass fee of $20.50 per day; and • Road Occupancy Renewal fee of $55.00.
5. Financial Implications: The Road Occupancy Fees recommended and subject to By-Law approval, will result in the following estimated revenue in 2018, assuming a 307-day construction period:
Scope Area Unit Rate Total Main Street Sidewalk Occupation 130 sq.m. $0.50/sq.m/day $19,955.00 Main Street Parking Space Occupation 130 sq.m. $0.50/sq.m/day $19,955.00 Lloyd Street Occupation & Closure 400 sq.m. $0.50/sq.m/day $61,400.00 Aerial Crane Trespass N/A $20.50 per day $6,293.50 Road Occupancy Permit Renewal N/A N/A $55.00 Total: $107,658.50
The Developer provided 100% financial security of the work undertaken by the Town and financial securities with respect to any potential road damages, mud tracking and maintenance of the covered sidewalk and construction hoarding. These securities are associated with each of the permits issued by Public Works.
6. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
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1. Community Prosperity and Sustainability Balanced growth, environmental protection, economic development, tourism, community character and identity
1.3 Orderly/phased development 1.4 Economic development and job creation
2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests
2.1 Increase revenues and reduce costs 2.2 Sustainable long term fiscal plan for all infrastructure and buildings
7. Attachments:
1. Letter from Geranium Development Dated February 20, 2018
8. Related Reports:
May 03, 2016 – Report 3 TEMPORARY ROAD CLOSURE REQUEST FOR CONSTRUCTION - LLOYD STREET (T08) Report 3 - Temporary Road Closure - Lloyd St Report 3 - Attachment 1 Report 3 - Attachment 2 Report 3 - Attachment 3 Report 3 - Attachment 4
For further information on this report, please contact Gord Haggerty, Operations Technologist, Public Works 905-640-1910 or 1-855-642-8697 ext. 4268 or via email at [email protected]
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Town of Whitchurch-Stouffville Council Report Item 3
Subject: Railway Grade Crossing Safety Improvement Workplan and Grant Update (T03)
Staff Report No. PW-010-18
Department: Public Works
Date: March 6, 2018
Recommendation:
1) That Council receive the report titled Railway Grade Crossing Safety Improvement Workplan and Grant Update, dated March 6, 2018, for information.
1. Purpose:
The purpose of this report is to provide Council with workplan information pertaining to railway grade crossing safety improvement requirements, and to provide an update on related grant opportunities.
2. Executive Summary:
Transport Canada introduced Grade Crossing Regulations through the Railway Safety Act in November 2014. A detailed list of safety improvement requirements has been compiled for Town railway crossings, the completion of which will achieve compliance with the regulation. Staff have developed a workplan that will address the highest priority improvement items in 2018 and 2019. Discretionary work will be completed in 2020, 2021 and 2022. To offset the cost of these improvements, staff have secured a grant from the Rail Safety Improvement Program with a value of $177,445.
The safety improvements outlined in this report will not fulfill the requirements associated with whistle cessation, however there is a relatively small overlap between the requirements of the two initiatives.
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3. Background:
Transport Canada introduced Grade Crossing Regulations through the Railway Safety Act in November 2014. These regulations were intended to impose stricter and higher safety standards, clarify roles between road authorities and railway authorities and promote greater collaboration among stakeholders through information sharing.
There are two key milestones outlined in the regulations:
1. Sharing of information and data exchange between road and rail authorities before November 27, 2016; and,
2. Completion of safety assessments at all railway grade crossings and implementation of improvements by November 2021.
The Town shared information with rail authorities prior to the November 27, 2016 deadline.
A consultant was retained by the Region of York in 2017 to conduct railway grade crossing safety assessments for regional and local road crossings in each municipality. The safety assessments focused on the crossing elements that fall within the responsibility of the road authorities. The Town’s workplan that will address the deficiencies identified as part of the safety assessments is outlined in this report.
4. Analysis and Options:
4.1 Safety Improvement Repair Categories
The deficiencies identified as part of the railway grade crossing safety assessments were assigned an implementation category by the consultant based on the regulatory requirements and the timelines for their implementation, as specified in the Grade Crossing Regulations. The implementation categories and estimated repair costs for each category are as follows:
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Implementation Estimated Definition Category Repair Cost Requirement under the Grade Crossing Regulations; basic requirement that must be A implemented immediately or warning system $4,000 maintenance issues covered under Article 17 of the Grade Crossing Standards Requirement under the Grade Crossing Regulations; additional requirement that must be B implemented within seven years after the Grade $277,340 Crossing Regulations comes into force (by November 2021) Requirement under the Grade Crossing Regulations; to be addressed when the affected C $0 component is changed (no implementation timeline specified) Other recommendations; not required under the D Grade Crossing Regulations but recommended $108,750 based on guidelines and best practices
4.2 Safety Improvement Workplan
Staff have prepared a workplan to address the identified rail crossing deficiencies based on the priority levels indicated by each implementation category.
2018 Workplan
Category A work has the most significant impact on safety, and has therefore been prioritized for completion in 2018. This includes:
Category A – 2018 Crossing Scope of Work Completion By Cost Estimate Hoover Park Drive Vegetation removal Town staff $1,000 Millard Street Vegetation removal Town staff $2,000 Bethesda Road Vegetation removal Town staff $1,000 Total: $4,000
CN Rail plans to complete Category B improvements for the Slaters Road and St. John’s Sideroad crossings in 2018. The majority of the remaining Category B work is relatively low cost and is also planned to be completed in 2018. The following table summarized Category B work planned for completion in 2018:
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Category B – 2018 Crossing Scope of Work Completion By Cost Estimate Road resurfacing to CN Rail (funded by Slaters Road $126,000 address vertical alignment the Town) Road resurfacing to CN Rail (funded by St. John’s Sideroad address asphalt $127,000 the Town) deterioration Tenth Line Asphalt crack sealing Town contractor $1,260 Reeves Way Blvd Signage Town staff $2,000 Hoover Park Drive Signage Town staff $2,000 Millard Street Asphalt crack sealing Town contractor $1,080 Total: $259,340
The costs noted in the above table for the Slaters Road and St. John’s Sideroad improvements are conservative consultant estimates that have since been revised to a total of approximately $180,000.
2019 Workplan
The remainder of the category B work, as outlined in the table below, is planned to be completed in 2019. The Bethesda Road signage improvements are only required if the adjacent stop sign is modified, and is therefore unlikely to be required.
Category B – 2019 Crossing Scope of Work Completion By Cost Estimate Millard Street Signage Town contractor $12,000 Signage (only required if Bethesda Road Town contractor $6,000 stop sign is modified) Total: $18,000
2020 - 2022 Workplan
Discretionary work identified as implementation Category D is planned to be completed between 2020 and 2022. This work will be bundled for improved economies of scale and scheduled opportunistically around related life cycle capital projects.
4.3 Whistle Cessation
The safety improvement work outlined in this report does not satisfy the full extent of the work required to achieve whistle cessation at the Hoover Park Drive or Reeves Way Boulevard crossings. A total of $26,000 of work included in this report as Category D
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undertakings, is common to the whistle cessation requirements and would decrease the future expense of whistle cessation improvements, if pursued.
Staff will report to Council, in a separate report, with a workplan to assess the most appropriate safety measures to protect pedestrians and cyclists at all level crossings, including a discussion of the appropriateness of pursuing whistle cessation.
4.4 Grant Opportunities
On October 12, 2016, the Minister of Transport Canada announced the Rail Safety Improvement Program, which included a plan to invest $55 million over a period of three years to improve rail safety in Canada. The program provides grants to municipalities to offset the costs of improving the safety of railway grade crossings.
The Town partnered with the Region of York in its application for grant funding along with six other municipalities (Aurora, East Gwillimbury, King, Markham, Richmond Hill and Vaughan).
Through the Region of York, a consultant (WSP Group / MMM) prepared a cost estimate on behalf of the Town for the recommended improvements to the crossings. Transport Canada confirmed that this was work eligible for funding under the Rail Safety Improvement Program and the Town was awarded a $177,445 grant for rail crossing improvements. Transport Canada requires all grant-funded projects be completed by March 31, 2019.
Staff will continue to review opportunities for additional grant program participation as opportunities arise.
5. Financial Implications:
The following funding sources are available for railway grade crossing safety improvements:
Funding Source Value Rail Safety Improvement Program Grant $177,445 Capital Project (St. John’s Sideroad and Slaters Road Rail $180,000 Crossing Improvement) Total: $357,445
The funding noted above will adequately address the 2018 and 2019 workplan requirements.
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Budgets requirements for work planned to be completed in 2020, 2021 and 2022 will be determined annually and included in the budget process. The total value of work planned to be completed in this time frame is $108,750.
6. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests
2.1 Increase revenues and reduce costs 2.2 Sustainable long term fiscal plan for all infrastructure and buildings 2.5 Promote inter-government relations and local government advocacy
7. Attachments:
1. York Region Crossings – Cost Estimate by Crossing
8. Related Reports:
Motion – Rail Crossing Safety Improvements, October 24, 2017
For further information on this report, please contact:
Gord Haggerty, Operations Technologist at 905-640-1910 or 1-855-642-8697 ext. 4268 or via email at [email protected]; or
Brian Kavanagh, Director, Public Works at 905-640-1910 or 1-855-642-8697 ext. 2464 or via email at [email protected]
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Attachment 1 Page 86 of 226 Report No. PW-010-18 - Railway Grade Crossing Safety Improvement Workpla...Page 87 of 226
Town of Whitchurch-Stouffville Council Report Item 4
Subject: Waste Collection By-law (E07)
Staff Report No. PW-008-18
Department: Public Works
Date: March 6, 2018
Recommendation:
1) That Council enact Waste Collection By-law 2018-035-GA for establishing and maintaining a system for collection, removal and disposal of garbage, other refuse, yard waste materials, recyclable materials including blue box materials and source separated organics in the Town of Whitchurch- Stouffville; and
2) That Council repeal By-law 2007-144-GA.
1. Purpose:
The purpose of this report is to obtain Council approval of the new Waste Collection By- law and promote a harmonized by-law as part of the Northern Six (N6) municipalities initiative.
2. Background:
At the February 3, 2015 Council meeting it was resolved:
“THAT Staff report back with opportunities to harmonize all Waste Collection By-laws in the Northern Six municipalities with the aim to improve efficiencies in the Contract Administration and customer service.”
Report No. PW-008-18 - Waste Collection By-law (E07) Page 88 of 226 Council Report March 6, 2018
A By-law harmonization sub-committee with staff from the Towns of Newmarket, Aurora and Whitchurch-Stouffville was formed to look at a number of harmonization opportunities for the N6 municipalities. Suggestions included standardized container and bag size, weight and materials, standardized definitions for collection of waste from multi-residential buildings and condominiums and harmonization of defined terms and descriptions of waste material accepted for collection with other N6 municipalities, as directed by their respective Councils.
3. Analysis and Options:
The Waste Collection By-laws for all of the N6 municipalities were last updated in 2007 to reflect changes in the collection program resulting from the provision of a three-stream service. The Town of Whitchurch-Stouffville By-law (#2007-144-GA) has not been updated since that time. The N6 sub-committee have undertaken a review of the waste management by-laws, and brought forward a number of recommendations to harmonize aspects of the by-laws to increase operational efficiencies, increased by-law compliance and improved contract enforcement.
The recommendations included:
• Updated language and defined terms used in all By-laws; • Standardizing the types and sizes of bins and containers used, particularly blue bins for recycling and yard waste containers to provide consistency for the contractor and make it easier for enforcement; • Standardizing the permitted dimensions of bundled yard waste, and corrugated cardboard; • Updating the descriptions of accepted waste and recycling products to more closely match the collection programs offered; • Banning the collection of electronics from curbside collection.
There are no changes to the current service level or schedule as a result of this By-law harmonization. The service schedule includes:
• Garbage – every two weeks; • Recycling – every week; • Source Separated Organics (green bin) – every week; • Yard Waste – seasonal, every other week (April 1 – November 30); • Metal and Bulky items – call in service, collected as scheduled; • Main Street Business Area – garbage and recycling collection twice per week, Tuesday and Friday mornings.
The proposed Waste Collection By-law is consistent with the terms of the waste contract that went into effect on January 1, 2018.
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Report No. PW-008-18 - Waste Collection By-law (E07) Page 89 of 226 Council Report March 6, 2018
4. Financial Implications:
There are no financial implications as a result of this report.
5. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
3. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens
3.2 Priority to core services and optimum service levels 3.5 Master planning for municipal operations
6. Attachments:
None
7. Previous Reports:
February 3, 2015 – Report #3 (E07)
Report 3 Integrated Waste Management Master Plan Update Report 3 Attachment 1
For further information on this report, please contact Lori McNaughton, Operations Co-ordinator at 905-640-1910 or 1-855-642-8697 ext. 4247 or via e-mail at [email protected]
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Report No. PW-008-18 - Waste Collection By-law (E07) Page 90 of 226 Approved as Addendum Item for
- \~ ~• TOWNOF "" WHITCHURCH-STOUFFVILLE Date Town of Whitchurch-Stouffville Council Memorandum
To: Mayor Altmann and Members of Council
From: Haiqing Xu, Deputy Director, Development Services
Copy: Roman Martiuk, CAO Gillian Angus-Traill, Clerk
Date: March 6, 2018
Subject: Housekeeping changes to BY-LAW NUMBER 2018-028-ZO and Staff Report DS-006-18
Staff has made a few housekeeping changes (shown in red) By-Law 2018-028-ZO 1. Section 1(d): "section 2.8.5.39" is changed to "section 2.8.5. 1.39". 2. Schedule 2, Section 3 viii) is amended as follows: viii) Maximum Lot Coverage (6)( 4) 3. Schedule 2, Section 5 b) is amended as follows: The minimum required side yard of 1.5 m allowed in (a) above may be reduced to 4. Schedule 3, Section 2 iii) is amended by changing "a single detached dwelling on one lot" to "a street townhouse dwelling( s) on one lot". 5. Schedule 3, Section 3 viii) is amended as follows: viii) Maximum Lot CQverage (4)(2) 6. Schedule 4: "Section 2.8.5.39" is changed to "Section 2.8.5. 1.39". DS-006-18 - Attachment 3 7. Deleting "and future site plan applications for the private lane street to•1mhouso btook" in section (r) (iii) on page 7 of Attachment 3 to Staff Report DS-006-18 8. Deleting the last sentence on page 8 of Attachment 3 to Staff Report DS-006-18: "lane street townhouse block will be the subject of a future site plan control application." DS-006-18 - Attachment 4 9. T. e staff report number of Amendment 4 has been changed to DS-006-18.
velopment Services
Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan... Page 91 of 226
Town of Whitchurch-Stouffville Council Report Item 5
Subject: Proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment – Ballymore Developments (Ballantrae) Corp. Part of Lots 21 & 22, Concession 8, Community of Ballantrae, File Nos. 19T(W)- 16.001, OPA16.002, ZBA16.002 AND CDM16.001. (D07, D09, D12 & D14)
Staff Report No. DS-006-18
Department: Development Services
Date: March 6, 2018
Recommendation:
1) That Council enact By-law No. 2018-027-OP to adopt the Official Plan Amendment 144 and direct staff to issue a Notice of Passing; 2) That Council confirm that notwithstanding that the proposed Zoning By-law Amendment is different from that proposed at the April 19, 2016 Statutory Public Meeting, the revisions are minor in nature and that no further Statutory Public Meeting is required; 3) That Council enact By-law No. 2018-028-ZO to adopt the Zoning By-law Amendment subject to a Holding Provision on the residential zones and direct staff to issue a Notice of Passing; 4) That Council direct staff to issue a Notice of Decision to approve Subdivision File No. 19T(W)-16.001, subject to Draft Conditions, in accordance with Section 51(31) of the Planning Act; 5) That Council approve the Request for Exemption from an Application for Draft Plan of Condominium; and, 6) That Council allocate the equivalent of 300 persons of water capacity for 94 units [76 single detached dwellings and 18 street townhouse dwellings] from the Town's Ballantrae reserve.
Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan... Page 92 of 226 Council Report March 6, 2018
1. Purpose:
An application has been submitted by BALLYMORE DEVELOPMENTS (BALLANTRAE) CORP. to obtain Draft Plan of Subdivision approval to develop 94 dwelling units on the subject property. Additional applications have been submitted for an Official Plan Amendment to re-designate the subject property and for a Zoning By-law Amendment to implement the Official Plan Amendment. The applicant has also requested an exemption from a common elements Draft Plan of Condominium application. The common elements apply to the private road network, stormwater facility, emergency access block and landscape buffers.
This report will: • Provide an overview of the subject property and its location in relation to existing development and other adjacent land uses (Sections 3.1 and 3.2); • Provide an overview of the proposed Draft Plan of Subdivision, the Official Plan Amendment and Zoning By-law Amendment (Section 3.3); • Identify the relevant Provincial, Regional and Town Official Plan policies that apply to the subject property (Section 4.0); • Review the comments and recommended draft conditions for the Draft Plan of Subdivision approval that have been identified by the agencies and Town departments (Section 5.0); and, • Review the key issues initially identified in the April 19, 2016 public meeting report and how they have been addressed (Section 6.0).
This report concludes that the granting of Draft Plan Approval subject to Draft Conditions, the adoption of the Official Plan Amendment, the passage of a Zoning By-law Amendment and the approval of the request for exemption of a common elements Draft Plan of Condominium application in accordance with the recommendations made in this report represent good planning.
2. Executive Summary:
Applications for Draft Plan of Subdivision approval, Official Plan Amendment, Zoning By- law Amendment and request for exemption from a common elements Draft Plan of Condominium application have been submitted to the Town in support of the proposed development of the subject property. These applications apply to the lands commonly known as the Ballymore Subdivision.
The Draft Plan of Subdivision applies to a total land area of 7.88 hectares. The road network for the proposed residential subdivision is comprised of private common elements condominium road network. The proposal includes 76 lots for single detached dwellings and 18 street townhouse rear-lane access units on four blocks. In addition to
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Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan... Page 93 of 226 Council Report March 6, 2018
the above, the stormwater management facility, landscape buffers and an emergency access block will also be included as common elements. A single access into the subdivision is provided from Highway 48 (a provincial highway). The proposed Draft Plan of Subdivision also includes a public park.
The Official Plan Amendment application has been submitted to amend the current Ballymore Secondary Plan (OPA 90) and it intends to redesignate the subject property to a new land use designation that would permit the proposed development. It is noted that OPA 136 was adopted by Town Council on December 17, 2013, however it is still awaiting approval by the Region of York.
An associated Zoning By-law Amendment application has been submitted to implement the proposed Official Plan Amendment and proposed Draft Plan of Subdivision.
The applicant has also submitted a request for exemption of a common elements Draft Plan of Condominium application. The internal road network, stormwater facility, emergency access block and landscape buffers within the Draft Plan of Subdivision are proposed to be included in the common elements condominium that would ultimately be constructed and maintained by a condominium corporation.
The applications have been reviewed against Provincial, Regional and Town policies and conform to those policies. The granting of Draft Plan approval, the adoption of the proposed Official Plan Amendment and the enactment of the implementing Zoning By- law Amendment will allow the applicant to complete the detailed work required to support the entering into of a Subdivision Agreement with the Town. If Council approves the request to exempt the applicant from an application for a common elements Draft Plan of Condominium, the Plan of Condominium would be registered following the Final registration of the Subdivision.
3. Background:
3.1 Location The lands are municipally described as 15381, 15437, 15457 and 15473 Highway 48 (subject property). The subject property is located in the northeast quadrant of the Community of Ballantrae, within Part of Lots 21 & 22, Concession 8. Generally, the lands can be described as being situated east side of Highway 48, north of Aurora Road. Attachment No. 1 to this Report shows the location of the subject property.
The subject property is generally rectangular in shape and historically a one-storey factory building operated on the property. This use no longer exists, however the building remains but is vacant. The site topography is hilly and drops in elevation approximately 6 metres from the centre of the subject property to the southeast corner.
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The subject property has approximately 268 metres of frontage on the east side of Highway 48. Highway 48 is a two-lane provincial highway with gravel shoulders and ditches and a posted speed limit of 80 km/hour in the vicinity of the subject property.
The subject property also has approximately 132 metres of frontage on Pettet Road along the southern boundary. Pettet Road is a local road within an existing Plan of Subdivision that is located to the south of the subject property.
An aerial image of the subject property is shown on the right.
Along the northern limits of the subject property is the Ballantrae Golf Club development entry gates and an existing single detached residential neighbourhood adjacent to the golf course. The existing residential development includes approximately 870 single-detached dwellings on condominium roads within the Golf and Country Club. The lot widths are between 13.8 metres and 15.0 metres.
Located to the east of the subject property is a golf course fairway and an existing single detached residential neighbourhood. Located to the south of the subject property is a single residential dwelling that fronts onto Highway 48 and Pettet Road and to the west is Highway 48. Across from the subject property, on the west side of Highway 48, is a large lot with a residential dwelling that fronts onto Greenan Road (and backs onto Highway 48) as well as Fire Station #52.
In proximity to the subject property are a number of other uses such as residential, convenience commercial, public school, community centre and an animal hospital.
3.2 Development Overview The total land area under application is 7.88 hectares (19.47 acres). The proposed development is to be accessed by a single entrance on the east side of Highway 48. The public right-of-way will include approximately the first 76 metres into the proposed development and terminates at the proposed mini roundabout, where the private road network begins. There are no proposed road connections to existing roads in the adjacent residential neighbourhoods.
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3.2.1 Proposed Dwelling Units A total of 94 units are being proposed in the Draft Plan of Subdivision.
There are 76 single detached dwellings that occupy an area of 4.35 hectares and these are being proposed as follows:
• 12.6 metres +/- metre frontages – 40 lots; and, • 15.0 +/- metre frontage – 36 lots. In addition to the single-detached dwellings, 18 street townhouse units (with rear lane access) on freehold lots are being proposed. These units have a proposed frontage of 11.0 metres are located on Blocks 77 to 80. Access to the garages will be from the rear yards. The street townhouse blocks occupy an area of 0.71 hectares. The proposed Draft Plan of Subdivision is shown to the right.
3.2.3 Proposed Parkland and Sidewalks One public park block is being proposed in the southwestern portion of the proposed Plan of Subdivision (Block 81) and it has a land area of 0.26 hectares. This public park block will be dedicated to the Town and the Town will be responsible for maintenance of the park and for developing facilities within the park. This area represents approximately 3.3% of the land in the proposed Draft Plan of Subdivision. The Planning Act requirements establish that 5% of parkland is required for residential subdivisions. In this regard, the applicant will be required to provide cash-in-lieu of parkland for the remaining 1.7% that is required.
Pedestrian sidewalks have been planned on each side of Street A from Highway 48 and eastward towards the proposed mini roundabout.
3.2.4 Proposed Common Elements As mentioned previously, the common elements Condominium Plan will apply to the private roads (including the emergency access block and reserves), stormwater management pond and landscape buffers. These are described further below.
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The private condominium roads have a private right-of-way of 11.2 metres and have been provided throughout the low-density (single-detached lots) portion of the subject property with the exception of Roads ‘E’ and ‘G’, which have a width of 13 metres. The street townhouse blocks have access to garages on Blocks 77, 78, 79 and 80 and both rear lanes ‘A’ and ‘B’ have a width of 6.8 metres.
There is one storm water management pond that is proposed in the southeastern portion of the subject property (Block 82). This translates into about 5.7% (0.45 hectares) of the total land area of the subject property. The proposed storm water management pond will not be conveyed to the Town and will remain private.
Other elements of the plan include a 14-metre wide landscape buffer that spans the entire length of the subject property on the east side of Highway 48. These buffers are identified as Block 83 and Block 84 on the Draft Plan of Subdivision. The landscape buffers are entirely within the Ministry of Transportation required 14.0-metre setback area. Lastly, the Draft Plan shows a 0.3 metre wide reserve along the east side of Highway 48.
In addition to the above, the Draft Conditions for the Draft Plan of Subdivision require the Owner to provide easements in the Subdivision Agreement over the private roads/lanes (Block 86), emergency access (Block 85), stormwater management pond (Block 82) and Landscape Buffers (Block 83 and 84) for access and performance of any works or operations in the event of an emergency and for public access.
3.2.5 Proposed Density With respect to the density of the proposed development, the total area of land to be used in the net density calculation as per the Town's practice includes only the lots and the proposed roads. In this regard, the net density is 14.09 units per hectare. If the public and private roads were excluded from the calculation, then the net density would be 21.6 units per hectare.
Based on the persons per dwelling unit used in the Town’s Development Charges Background Study, it is estimated that the population within the proposed Draft Plan of Subdivision could be approximately 285 persons. The table below summarizes the proposed population and density by unit type.
Unit Type Units PPU 1 Population Single Detached 76 3.16 240 Rear Lane 18 2.49 45 Townhouse Total 94 285 1 Source: Town of Whitchurch-Stouffville 2013 Development Charges Background Study – Growth Forecast prepared by Watson and Associates Economists Ltd., dated June 3rd, 2013
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3.2.6 Servicing As part of Ballymore Development’s agreement to purchase the subject property, the extension of sanitary servicing for up to 200 residential units on this site was confirmed to be available from the private Water Pollution Control Plant (WPCP). The WPCP is located to the east of the subject property on the adjacent Ballantrae Golf and Country Club property. As part of the Town Council’s approval of OPA 136, the Town made it a condition that the Region’s Permit to Take Water be amended to increase the service population from 5,600 persons to 6,230 persons to support the Ballantrae-Musselman’s Lake and Environs Secondary Plan. It is noted that while Town Council adopted OPA 136, it has not yet received Regional approval. This is discussed later in this report.
In a letter dated October 5, 2016, York Region confirmed that there is currently water supply capacity for 5,900 persons. The Region has assigned 5,600 persons to the Town, to date. The letter further indicates that the Region is prepared to assign the remaining 300 persons to the Town, provided there is complementary municipal/communal wastewater capacity in place. The connection to the WPCP will fulfill this obligation. In a letter dated August 24, 2016 from the Schickedanz Bros. Properties, the Owners of the WPCP, will accommodate the remaining 300 persons.
3.2.7 Proposed Street Naming The Street Naming Committee has reviewed the proposed Draft Plan of Subdivision and has prepared proposed street names for the proposed subdivision. However, Ballymore Developments Corp. has requested that the Town consider other names and that the Street Name By-law be brought forward at a later date. In this regard, Town staff will report back to Council with proposed Street Naming By-law at a later date.
3.2.8 Proposed Official Plan Amendment The Official Plan indicates that the subject property is within the Ballantrae-Musselman Lake and Environs Secondary Plan area (Ballantrae Secondary Plan). The Ballantrae Secondary Plan was adopted in 1994 through Official Plan Amendment 90 (OPA 90) and has been amended a number of times. On December 17, 2013, the Town adopted OPA 136, which included a comprehensive review of the policies that apply to the Ballantrae Secondary Plan area. However, OPA 136 has not yet received Regional approval and is therefore not in effect. It is for this reason that the applicant has submitted an application for an Official Plan Amendment to amend OPA 90.
Attachment No. 2 to this report includes the proposed Official Plan Amendment.
With respect to the proposed Official Plan Amendment application, the applicant proposes to redesignate the subject property as Ballantrae Future Residential Area II Special Policy Area 2.2. The Future Residential Area II designation is an existing designation in the in-effect Ballantrae Secondary Plan.
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A figure that identifies the subject property on Schedule E of the in-effect Ballantrae Secondary Plan is provided on the right.
The proposed Official Plan Amendment adds townhouses as permitted uses and adds the following policy language: ‘development will be serviced by the Ballantrae-Musselman Lake Water Works project and the private Water Pollution Control Plant (WPCP)’.
The intent of the Future Residential Area II designation is to permit the development of lands within this designation by plan of subdivision subject to stringent controls with respect to negative impacts on natural systems and features, particularly with respect to servicing. The Future Residential Area II designation permits single-detached dwellings as part of a plan of subdivision, stormwater and erosion control facilities, public and private utilities and public uses. This designation does not permit townhouses. In this regard, the proposed Official Plan Amendment intends to add street townhouse dwellings as a permitted use.
In addition to the above, Section 11.4.8.3 of the Official Plan also sets out land use policies for lands within the Future Residential Area II designation. Servicing requirements within this policy refer to Section 11.6.3.3 of the Official Plan: ‘Plans of Subdivision – Ballantrae and Musselman Lake Settlement Areas’. These policies intend for new development to be served by a municipal water and sewer system or a municipal water system and individual private sewage treatment facilities. As discussed previously, the proposed subdivision will connect to municipal water services and the private WPCP. In this regard, the proposed Official Plan Amendment also proposes to add this policy: ‘development will be serviced by the Ballantrae- Musselman Lake Water Works project and the private Water Pollution Control Plant (WPCP)’.
The figure to the right shows the subject property on Appendix A. The in-effect Ballantrae Secondary Plan identifies a Natural Feature Conservation Area that runs east-west through the middle of the subject property.
As part of the applicant’s application submission, Beacon Environmental completed a Natural Heritage Evaluation of the subject property and confirmed that there are no Key Natural Heritage or Hydrologically Sensitive Features on the subject property.
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The Town is satisfied with this evaluation. It is further noted that OPA 136 (approved by the Town but not yet by the Region) updates this mapping and it no longer identifies this area on the subject property.
3.2.9 Proposed Zoning By-law Amendment With respect to the proposed Zoning By-law Amendment application, the applicant proposes to place the lands in the Residential Village zone, with exceptions. While the Residential New zones have regulations that more closely fit with the proposed development form, the Residential Village zone generally applies to properties that have municipal water services and private sanitary services. This is why the Residential Village zone is proposed. The site of the single-detached dwellings is proposed to be placed in the RV(X1) Zone with an exception and the street townhouses are proposed to be placed in the in the RV(X2) Zone with an exception. The figure below identifies the changes in the proposed Zoning By-law Amendment.
The existing RV Zone permits single-detached dwellings, bed and breakfast establishments, group homes, home occupations, private home daycare and parks. The proposed Zoning By-law Amendment proposes to add street townhouses as a permitted use in the RV(X2) zone.
The table below identifies the proposed regulations.
Regulations RV(X1) RV(X2) Single-Detached Dwellings Street Townhouse Dwellings Minimum Lot Area 370 m2 370 m2 Minimum Lot Frontage 12 m 12 m Front Yard Setback Minimum: 3.5 m (5.0 m for Block Minimum: 4.5 m 80) Maximum: 7.5 m Maximum: 7.5 m Minimum Rear Yard 7 m 6 m Setback Exterior Side Yard Minimum: 3.0 m (1.5 m for Block Minimum: 3.0 m 79) Maximum: 7.5 m Maximum: 7.5 m Minimum Interior Side Street townhouse: 1.2 m 1.2 m Yard Along common wall: 0 m Maximum Building 11 m 11 m Height
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In addition to the above, there are a number of qualifying notes that also apply to the proposed zones and these can be referenced in By-law Number 2018-028-ZO.
The proposed street townhouse units are located on freehold lots that are accessed by private condominium roads. For street townhouse dwellings, the Town’s Zoning By-law requires a minimum of 2 parking spaces. It is noted that no visitor parking spaces are required for this type of dwelling. Each proposed street townhouse rear-lane access unit includes two parking spaces in a double-car garage and two spaces on the driveway. In this regard, the proposed street townhouses meet the minimum parking requirements as established in the Town’s Zoning By-law.
The private stormwater management pond and the landscape blocks adjacent to the single-detached dwellings are proposed to be zoned in the RV(X1) Zone. The landscape blocks adjacent to the street townhouse rear-lane access blocks are proposed to be zoned in the RV(X2) Zone. The Open Space (OS) zone is being proposed for the park.
3.2.10 Request for Exemption – Common Elements Draft Plan of Condominium In addition to the applications above, the applicant has also requested to be exempt from having to submit an application for a common elements Draft Plan of Condominium.
Through the powers conferred under Section 9 of the Condominium Act, 1998, the Town as the Approval Authority may exempt these lands from the formal Plan of Condominium process. The Exemption, if granted, would allow the Owner to move forward through to Final Approval and Registration of the Plan. However, it is noted that the common elements Plan of Condominium would not be registered until Final Registration of the Plan of Subdivision, which requires the Draft Conditions to be cleared and a Subdivision Agreement to be entered into.
The Exemption request may be granted where the Approval Authority is satisfied that the development proposal is consistent with a prior subdivision or consent application, and, where the development proposal is properly designated and zoned in an Official Plan and Zoning By-law, respectively.
4.0 Applicable Provincial, Regional and Town Policies:
The subject property is within a settlement area in accordance with the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the Oak Ridges Moraine Conservation Plan. The subject property is also within the Towns and Villages designation in the York Region Official Plan.
The proposed Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment are consistent with the Provincial Policy Statement and are in conformity with the Growth Plan, the Oak Ridges Moraine Conservation Plan and the York Region Official Plan. In addition, the application for the Draft Plan of Subdivision has been reviewed against the criteria in Section 51(24) of the Planning Act, with those criteria being satisfied.
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Attachment No. 3 to this report provides a detailed policy assessment of the policy documents identified above.
4.1 Town Official Plan and OPA 136 The Province approved the Town of Whitchurch-Stouffville Official Plan in 2004 and it applies Town-wide. As discussed in Section 3.2.8 above, the Official Plan indicates that the subject property is within the Ballantrae-Musselman Lake and Environs Secondary Plan area (Ballantrae Secondary Plan). The Official Plan Amendment intends to redesignate the lands as Future Residential Area II and add a site-specific policy that addresses servicing on the lands.
It was also identified in Section 3.2.8 of this report that OPA 136 was adopted by Town Council but is not yet in effect as it is awaiting Regional approval. However, Council’s decision to adopt OPA 136 established the intended vision for the lands that are within the Ballantrae Secondary Plan. Below is a review of OPA 136 and the proposed development.
The figure to the right shows the land use designations as a result of OPA 136.
Section 11.4.10 of OPA 136 establishes policies for the northerly portion of the subject property designated Highway 48 Corridor Commercial/Mixed Use Area. Within this designation, low-density residential uses are permitted as part of a plan of subdivision. The proposed single detached dwellings on these lands would be permitted in this designation.
Section 11.4.6 of OPA 136 establishes policies for the southern half of the subject property designated Highway 48 Corridor Residential Area. Some of the permitted uses include low- and medium-density residential uses as part of a plan of subdivision, stormwater and erosion facilities, public and private uses. It is noted that medium density units are subject to Section 11.4.5 iii) b). The proposed single detached dwellings, stormwater facility and public park would be permitted in this designation.
Townhouses are considered to be medium density residential uses in OPA 136 and therefore the proposed street townhouses would be permitted in this designation. As identified above, medium density residential uses are also subject to Section 11.4.5 iii) b): ‘Waste Disposal Area Special Policy Area’, which reads:
11.4.5 iii) b) In addition to the policies of this section, the policies of section 11.4.13 and section 4.1.7 of the Plan shall apply to areas identified on schedule E ‘waste disposal area of influence’.
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The subject property is not identified as a Waste Disposal Area of Influence on Schedule E and therefore the above-mentioned policy does not apply.
Section 11.4.6 and 11.4.10 b) of OPA 136 also establish a maximum net density of 45 units per net hectare (18 units per acre). The proposed development does not exceed the maximum permitted density.
Both of the above-mentioned land use designations that apply to the subject property require that new development proposals conform to the development review policies of Section 11.8 of the Official Plan and the Servicing policies in Section 11.6 of the Official Plan.
Section 11.6 of OPA 136 establishes the water and sewer servicing strategy for Ballantrae and Musselman’s Lake. Schedule E of OPA 136 indicates that Section 11.6.3 iii) also applies to the subject property. For any development in areas designated Highway 48 Corridor it is noted that the Highway 48 Corridor Residential Area and Highway 48 Corridor Commercial/Mixed Use Area shall be served by the Ballantrae/Musselman’s Lake Water Works Project and:
a) individual private sewage treatment facilities; or, b) a municipal communal sewer system; or, c) the private water pollution control plant (WPCP) located on the Ballantrae Golf and Country Club residential property to the east.
In all these designations, such development shall only be permitted provided it is demonstrated through appropriate studies to the satisfaction of the Town, that the land can be adequately serviced using such systems using the highest available evaluation standards.
Section 11.6.3 iii) further states that Schedule E identifies certain lands as Potential Sanitary Service Extension Area. These lands have determined to be technically serviceable from the WPCP on the Ballantrae Golf & Country Club property. The Town will approach the Owner and Operator of the Ballantrae-Musselman’s Lake ground water supply wells to determine whether the Region will agree to pursue an amendment to the current provisions of the Permit to Take Water to increase the production supply of the ground water wells from a service population of 5600 persons to the equivalent of 6230 persons. If the Region of York is not willing to pursue an Amendment to the Permit to Take Water or alternatively, in discussions with the Ministry of the Environment they are not supportive of an increase in the supply rate of the ground water wells then a connection to the WPCP will not be provided and these lands will be serviced by individual private sewage treatment facilities.
With respect to wastewater servicing, the proposed Draft Plan of Subdivision will utilize the WPCP located on the Ballantrae Golf and Country Club property to the east.
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With respect to water supply capacity, the Region has confirmed that there is capacity for 5,900 persons and assigned 5,600 persons to the Town of Whitchurch-Stouffville to date and has indicated in a letter dated October 5, 2016 that they are prepared to assign the remaining 300 persons to the Town provided there is complementary municipal/communal wastewater capacity in place. As described previously in this report, the connection of the proposed development to the WPCP would fulfill this obligation.
In addition to the above, the policies in Section 11.7.5 – ‘Highway 48 Corridor – Ballantrae’ of OPA 136 also apply to the subject property. Since Highway 48 is a Provincial Highway, the highway right-of-way is under the jurisdiction of the Ministry of Transportation. The policy indicates that the Town has developed Access Management Guidelines for the lands along Highway 48 and that they are intended to assist agencies and landowners with the review and approval of development in the corridor. Additional sections in the policy also speak to Ministry of Transportation regulations and setbacks from the right-of- way.
Section 11.7.5 iv) of OPA 136 also speaks to sidewalks/multi-use trails and indicates that the Town is proposing to develop sidewalks and street lights adjacent to Highway 48…the Town will be responsible for all costs, including all acquisition of lands outside the right- of-way. The applicant acknowledges the intent of the Town to install a future sidewalk along the east side of Highway 48 and this has been reflected in the Draft Conditions.
Section 11.7.5 of OPA 136 requires that stormwater management facilities be provided on-site and that development limits the amount of flow into the Highway 48 drainage system. The proposed development has adequately addressed stormwater management through their Stormwater Management Report.
Lastly, Section 11.7.5 v) of OPA 136 speaks to access management and the Access Management Guidelines, of which it is stated that the key objective of the Guidelines is to minimize direct access to Highway 48. The proposed development has a single access from Highway 48 that connects into a private road network within the subject property.
While OPA 136 has not yet been approved by the Region, it represents Town Council’s vision and plan for the Ballantrae Secondary Plan area. The proposed development has been reviewed against the OPA 136 policies and Staff is of the opinion that the proposed development generally conforms to the policies of OPA 136.
4.2 Appeals to OPA 136 As mentioned previously, York Region has not yet approved OPA 136. In late 2017, the Town received correspondence from York Region indicating that an appeal had been made to the Ontario Municipal Board on OPA 136. Since then, a number of other appeals have been launched. York Region has received 5 appeals to OPA 136 on the basis of non-decision by the Region within 180 days.
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Staff is of the opinion that the recommended approvals of the Official Plan and Zoning Bylaw amendments and draft plan of subdivision should not be affected because the letters of confirmation from York Region for water supply and from the Schickedanz Bros. Properties for sewer were received long before the appeal of OPA 136 was launched.
5. Agency Comments:
In a letter dated November 6, 2017, York Region provided their final comments on the proposed Draft Plan of Subdivision. The following is indicated as their conclusion ‘York Region has no objection to draft plan approval of the revised Plan of Subdivision subject to the attached schedule of conditions. We request a copy of the Notice of Decision, draft- approved plan and the conditions of draft approval should the plan be approved’.
Below are some of the key comments York Region made in their letter:
• The residential development requires private sanitary services from the WPCP. York Region has identified the need to amend the responsibility agreement to clarify and update certain matters and provisions and reflect the role of the Plant in providing sanitary service to the proposed development. The Region has also identified the requirement for a Reciprocal Agreement among the involved parties. If the Town of Whitchurch-Stouffville does not grant allocation for water supply, then the development may require additional Regional or other infrastructure based on conditions of future capacity which may include Water for Ballantrae – Long Term Water Supply – pending the outcome of the Class Environmental Assessment (EA). • The site is partially within Wellhead Protection Area C and D and Highly Vulnerable Aquifer. The Region has noted that a Source Water Impact Assessment and Mitigation Plan may be required for the portions within the Wellhead Protection Area. • Low Impact Development measures are encouraged to be applied to the site. As per YROP-2010 policy 2.3.37, developments should maximize infiltration through integrated treatment approach techniques to minimize stormwater volume and contaminant loads. All of the recommended conditions of Draft Approval recommended by York Region have been incorporated in the comprehensive set of Draft Conditions (Attachment 4).
In addition to the above, York Region has also included a Draft Condition that will impact the approval of the residential zones categories in the proposed Zoning By-law Amendment:
For all lands, the Holding (H) provisions of Section 36 of the Ontario Planning Act shall be used in conjunction with all residential zone categories in order to ensure that final plan approval and development of these lands does not occur until such time as the Holding (H) symbol is removed in accordance with the provisions of the Ontario Planning Act. The Zoning Bylaw shall specify the terms under which Council may consider the removal of the Holding (H) symbol. Said terms shall include a minimum of the following:
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i. The Council of the Town of Whitchurch-Stouffville has allocated, within the limit of the Regional capacity assignment, adequate available water servicing capacities to the subject development; and, ii. The capacity evaluation of the Ballantrae Golf & Country Club Wastewater Treatment Plant is completed by a third-party Consultant (registered professional engineer) demonstrating, to the satisfaction of the Region, that the Plant can service additional residential units proposed in the subject development and complies with the applicable environmental approvals. On the basis of the above, this means that a Holding provision will be required for the proposed residential zone categories. Once the above-mentioned Draft Condition is cleared, Ballymore will be able to request the lifting of the Holding provision and will be required to pay the associated fee. The lifting of the Holding provision requires Council approval, which means that Staff will return to Council with a recommendation report at a later date.
In a letter dated July 28, 2017, the Lake Simcoe and Region Conservation Authority (LSRCA) staff indicated that they have no objection to the approval of the Draft Plan of Subdivision, subject to the conditions listed in a letter dated June 7, 2017.
The LSRCA provided the following comments on items that should be addressed in their first submission of the detailed design stage:
• Natural Heritage: Offsetting for the woodland loss was identified by the LSRCA thorough the pre-consultation and review process. Please note the LSRCA Ecological Offsetting Plan is approved and applies to the woodland proposed for removal as part of this application. • Hydrogeology/Water Balance: The reports indicate that the infiltration deficit will be mitigated through bioretention, exfiltration at rear lot catchbasins, infiltration system for Street A, and an end of pipe infiltration facility. A number of requirements were listed to demonstrate that the infiltration deficit of 7,200 m3 /year can be infiltrated by LID facilities. • A number of engineering-related comments were also identified.
All of the recommended conditions of Draft Approval recommended by the LSRCA have been incorporated in the comprehensive set of Draft Conditions (Attachment 4).
In a letter dated February 17, 2016, Enbridge Gas Distribution indicates that they do not object to the proposed application. While no specific Draft Plan conditions are identified in their letter, standard conditions have been included for utilities to protect their interests.
In a letter dated February 18, 2016, Rogers indicates that they have no objection to the proposed applications. There are no Draft Conditions that relate to Rogers services.
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In an email dated March 9, 2016, Hydro One indicates that they have an anchor for one of their Sub-Transmission poles (pole #CUKVHK). While no specific Draft Plan conditions are identified in their letter, standard conditions have been included for utilities to protect their interests.
In a letter dated March 17, 2016, Canada Post indicates that the subject property will be serviced by centralized mail delivery provided through Canada Post community mailboxes. With this in mind, Canada Post recommends that a number of standard Draft Conditions be included and they are in Attachment 4.
In a letter dated May 5, 2016, the Ministry of Transportation (MTO) indicates that they have no comments on the proposed OPA and ZBA and further indicates that all buildings and structures along Highway 48 need to be setback a minimum of 14 metres from the highway. The MTO also notes that the Ministry requires permits for all buildings/structures located within 46 metres from the Highway 48 property line and a radius of 180 metres from the centrepoint of Highway 48 and the closest municipal roads (Greenan Road and Ballantrae Common), prior to any construction being undertaken.
All of the recommended conditions of Draft Approval recommended by the MTO have been incorporated in the comprehensive set of Draft Conditions (Attachment 4).
6. Key Planning Issues Raised at Public Meeting:
The following key planning issues were identified in the April 19, 2016 public meeting report. Below are the issues raised with responses in bold.
1. Allocation of water and sanitary sewer servicing allocation, in relation to the Ballantrae Golf Course & Country Club wastewater treatment plant and the proposed increase in the supply rate for the Permit to Take Water from the Region based on the outcome of York Region’s Environmental Assessment Study. The proposed development will utilize sanitary servicing from the WPCP on the Ballantrae Golf Course and Country Club. The proposed development requires the allocation of 300 persons for water supply.
2. Review and assessment of the adequacy of the technical studies submitted in support of the proposed development. The applicant has responded to all comments on the technical studies required to support the propose development. The Development Services Department is satisfied with the applicable technical studies.
3. Receipt of agency comments, including the Ministry of Transportation. The MTO has been involved in the review of the applications related to the proposed development and has noted the requirement for all buildings and structures to be setback 14 metres from the property line. The MTO has also indicated that they require permits for all buildings/structures located within 46 metres from
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the Highway 48 property line and a radius of 180 metres from the centrepoint of Highway 48 and the closest municipal roads (Greenan Road and Ballantrae Common), prior to any construction being undertaken. The MTO Draft Conditions have been included in Attachment 4.
4. Layout of the subdivision, particularly the intermix of lots and amenity space at the intersection of Highway 48 and Street A, and associated proposed zoning to minimize on-street parking issues within the emerging neighbourhood. The layout and types of dwellings have changed from the original Draft Plan submission. The street townhouses are now proposed to line the intersection of Highway 48 and Street A and there is a landscape block proposed for the entire span of the Draft Plan along the east side of Highway 48. A number of traffic impact submissions have been reviewed and refined through the development review process. The Development Services Department is satisfied that the minimum parking requirements have been adequately addressed.
5. The appropriateness of the internal road pattern to ensure efficient traffic movements through the development and adjacent lands. The private road network has been designed to ensure efficient traffic movement through the subject property. There are no road network connections with the adjacent existing neighbourhoods, with the exception of an emergency access block (also part of the common elements road network) that connects from Private Road C in the proposed subdivision to the public road identified as Pettet Road in the neighbourhood to the south.
6. Reconciliation between proposed OPA, requesting a maximum of 60 units for the future medium density residential block and the concept plan’s 71 apartment units. The proposed street townhouse blocks (with 18 units) replaces the previously proposed medium density residential block.
7. The absence of a community parkette on the site. The proposed subdivision has been updated to include a public park (Block 81, 0.26 ha) identified in the southwest portion of the Draft Plan and it comprises 3% of the land area. The applicant will be required to provide cash-in-lieu for the remaining 2%, in accordance with Section 51.1 of the Planning Act.
8. The appropriateness of the proposed zone category to represent the single detached dwellings. The Development Services Department has reviewed the proposed zones – RN1(X) applies to the single detached lots and RN4(X) applies to the street townhouse lots – and is satisfied that these zones are appropriate.
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7. Recommendations:
Staff is satisfied with the work that has been completed to support the Draft Plan of Subdivision and recommends that Council approve the Draft Plan of Subdivision for the Ballymore subdivision.
Staff is also satisfied that the proposed Official Plan Amendment is generally consistent with the intent of OPA 136 (approved by Town Council but not yet approved by the Region) and recommends that Council adopt Official Plan Amendment 144 to redesignate the lands within the Ballymore subdivision.
Staff also recommends that Council pass the proposed Zoning By-law Amendment, subject to the addition of a Holding provision on the residential zones, to implement the Official Plan Amendment. As mentioned in Section 5 of this report, the York Region Draft Conditions for the Draft Plan of Subdivision require that a Holding provision be placed on the lands. The Open Space zone will not include a Holding provision.
If Council chooses to approve the Draft Plan of Subdivision, adopt the Official Plan Amendment and pass the Zoning By-law, then Staff recommends that Council also approve the request to exempt Ballymore from submitting an application for a common elements Draft Plan of Condominium. It is noted that there are Draft Conditions that will need to be cleared prior to the issuance of Final Approval of the Plan of Subdivision. Prior to registration of the Final common elements Plan of Condominium, the Town will require a Final Plan of Condominium to be submitted and the Town and Region will be involved in the preparation of the Declaration for the common elements Plan of Condominium. Once Final Approval of the Plan of Subdivision is granted, the Plan of Subdivision and the Plan of Condominium can be registered.
8. Financial Implications:
The issuance of Draft Plan Approval for the plan of subdivision, the adoption of the Official Plan Amendment 144, the passing of By-law No. 2018-028-ZO and the approval of the request for Exemption from a common elements Draft Plan of Condominium Application will not affect the 2018 Operating or Capital Budgets.
The Developer is responsible for all infrastructure work associated with the development of the land. The appropriate financial securities and insurance, etc. will be secured by the Municipality through the execution of the future Subdivision Agreement.
9. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
1. Community Prosperity and Sustainability
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Balanced growth, environmental protection, economic development, tourism, community character and identity
1.1 Preserve and enhance community rural/urban character, beauty and heritage 1.2 Balanced land use planning – environment, economic and social considerations 1.3 Orderly/phased development 1.4 Economic development and job creation
2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests
2.1 Increase revenues and reduce costs 2.2 Sustainable long term fiscal plan for all infrastructure and buildings 2.3 Explore partnerships to deliver new infrastructure/services 2.4 Long term asset management and infrastructure planning, including adequacy of reserves 2.5 Promote inter-government relations and local government advocacy
4. Quality of Life Encompasses community safety, diversity, promoting healthy lifestyles, leisure and culture; complements community prosperity and sustainability
4.1 Develop and maintain effective community health and safety services 4.2 Enhance public safety through collaboration 4.3 Leisure and cultural development 4.4 Promote diversity, accessibility and inclusiveness 4.5 Cultivate healthier lifestyles and greener communities
10. Attachments:
1. Attachment 1: Location Map 2. Attachment 2: Proposed Official Plan Amendment 3. Attachment 3: Assessment of Provincial and Regional policies 4. Attachment 4: Draft Conditions
11. Related Report:
1. April 19, 2016: Proposed Plan of Subdivision, Official Plan and Zoning By-law Amendments & Exemption from Draft Plan of Condominium.
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For further information on this report, please contact Jessica Tijanic, Planner, Development Services, at 905-640-1910 ext. 2235 or via email at [email protected]
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Applications for Subdivision, Official Plan Amendment, Zoning By-law Produced By: Development Services, 2016 [ © Copyright, Town of Whitchurch-Stouffville Amendment and Exemption from Draft Plan of Condominium © Copyright, The Regional Municipality of York 15381, 15437, 15457 & 15473 Highway 48 Community of Ballantrae Part of Lots 21 & 22, Concession 8 File Nos. 19T(2)-16.001, OPA16.002, ZBA16.002 & CDM16.001 Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan... Page 112 of 226 Path: G:\GIS_PROJECTS\DEPARTMENTS\PLANNING_BUILDING\SUBDIVISION\19T(W)-16.001_BALLYMORE\19T(W)-16.001_BallymoreBML_Location.mxd Attachment 2 – DS-006-18
AMENDMENT NO. 144
TO THE
OFFICIAL PLAN
OF THE
THE TOWN OF WHITCHURCH-STOUFFVI LLE
PLANNING AREA
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STATEMENT OF COMPONENTS
PART I – THE PREAMBLE does not constitute part of this Amendment.
PART II - THE AMENDMENT, consisting of the attached text and schedules constitutes Amendment No. 144 to the Official Plan for the Town of Whitchurch Stouffville Planning Area.
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AMENDMENT NO. 144
TO THE OFFICIAL PLAN OF THE WHITCHURCH-STOUFFVILLE
(BALLANTRAE-MUSSELMAN LAKE AND ENVIRONS
SECONDARY PLAN)
INDEX
PART I – THE PREAMBLE
1. Purpose 2. Location 3. Basis
PART II – THE AMENDMENT
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PART I – THE PREAMBLE
1. PURPOSE
The purpose of this Amendment to the Ballantrae-Musselman Lake & Environs Secondary Plan (OPA 90) is to revise Schedule “E” – Land Use Plan, in support of the Ballymore Development (Ballantrae) Corp. for a Plan of Common Element Condominium, consisting of low and medium density residential uses.
The Ballantrae-Musselman Lake & Environs (OPA 90) designates the subject lands ‘Mixed Use Area,’ ‘Ballantrae Community Area’ and ‘Ballantrae Future Residential Area II.’ The ‘Ballantrae Future Residential Area II’ and the ‘Mixed Use Area’ designations permit low density residential development through plans of subdivision. The ‘Ballantrae Community Area’ designation does not. Medium density residential uses are not permitted in any of the three designations.
Accordingly, the proposed Official Plan Amendment proposes re-designation of the subject lands from the ‘Ballantrae Community Area’, ‘Ballantrae Future Residential Area II’ and ‘Mixed Use Area’ to ‘Ballantrae Future Residential Area II’, with site specific policies, to permit a residential common element condominium development consisting of low density single detached lots and medium density rear-lane street townhouse units.
2. LOCATION
This Amendment applies to those lands described as Part of Lots 21 & 22, Concession 8 (former Township of Whitchurch), within draft approval plan of subdivision 19T(W)-16.001. The subject lands are municipally known as 15381, 15437, 15457 and 15473 Highway No. 48. The subject lands are located on the east side of Highway No. 48, between Ballantrae Road and Aurora Road and are within the settlement area of Ballantrae. The subject lands have a combined area of 7.88 hectares (19.47 acres). Schedule “A” shows the location of the lands subject to this Amendment.
3. BASIS
The Town of Whitchurch-Stouffville Council adopted the Ballantrae- Musselman Lake & Environs Secondary Plan (OPA 136) on December 17, 2013. OPA 136 implements changes to the designations on the subject lands; ‘Highway 48 Corridor Commercial/Mixed Use Area’ on the north-half
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and ‘Highway 48 Corridor Residential Area’ on the south-half. Both designations permit low density and medium density residential uses as part of a plan of subdivision.
OPA 136 is still awaiting approval by the Region of York. Once approved, OPA 136 could be subject to appeals to the Ontario Municipal Board. As it is unclear when OPA 136 will be in effect, the applicant has applied to amend the current Ballantrae-Musselman Lake & Environs Secondary Plan (OPA 90) to re-designate their lands to be generally consistent with the goals and objectives of OPA 136, in order to permit the proposed residential condominium subdivision to proceed.
OPA 136 anticipates that the Ballymore lands will be developed on the basis of the extension of sanitary services from the private Water Pollution Control Plant located on the Ballantrae Golf and Country Club residential property to the east.
York Region has confirmed that there is currently water supply capacity for 5,900 persons. The Region has assigned 5,600 persons to the Town of Whitchurch-Stouffville to date. The Region is prepared to assign the remaining 300 persons to the Town, provided there is complementary municipal/communal wastewater capacity in place. The connection of the proposed development to the Ballantrae Golf and Country Club wastewater treatment plant will fulfill this obligation.
This proposed Official Plan Amendment:
- Is consistent with the policies of the Provincial Policy Statement 2014, the Growth Plan for the Greater Golden Horseshoe, the Oak Ridges Moraine Conservation Plan, the Region of York Official Plan and the Lake Simcoe Protection Plan; - Complies with and furthers the strategic goals and objectives of the Town of Whitchurch-Stouffville, as demonstrated with the adoption of OPA 136 by Council; - Supports the Town of Whitchurch-Stouffville’s development objectives for the Highway 48 Corridor; - Applies to lands suitable for the proposed use; - Will facilitate the development of permanent year-round residential housing; and, - Constitutes good planning.
The Amendment is privately initiated by the Owner and is intended to facilitate the development of the land for residential purposes. The Council of the Town of Whitchurch Stouffville is satisfied that Amendment No. 144 to the Town of Whitchurch-Stouffville Official Plan is appropriate.
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PART II – THE AMENDMENT
1. Introduction
All of this part of the document entitled Part II: The Amendment, consisting of the following text, and Schedule “A” constitutes Amendment No. 144 to the Official Plan of the Town of Whitchurch-Stouffville Planning Area (Ballantrae- Musselman Lake & Environs Secondary Plan).
2. Details of the Amendment
The Official Plan for the Town of Whitchurch-Stouffville is hereby amended as follows:
2.1 That Schedule “E” – Land Use Plan to the Town of Whitchurch- Stouffville Official Plan, is hereby amended by re-designating the area as shown on the attached Schedule “A” from the ‘Ballantrae Community Area’, ‘Ballantrae Future Residential Area II’ and ‘Mixed Use Area’ to ‘Ballantrae Future Residential Area II – Special Provision 1’.
2.2 That Section 11.4.8 Ballantrae Future Residential Area II is hereby amended by the addition of a new Section 11.4.8.4 – Special Provisions.
2.3 That Section 11.4.8.4 – Special Provisions is hereby amended by the addition of a new subsection as follows:
11.4.8.4.1 Special Provision 1 – 15381, 15437, 15457 and 15473 Highway 48 (19T(W)-16.001):
i. Permitted Uses:
a) single detached dwellings and rear-lane street townhouse dwellings up to a combined maximum of 100 units, with maximum heights of 11 m, as part of a plan of subdivision and plan of condominium; b) stormwater and erosion control facilities sited, designed and constructed in a way that minimizes negative impacts on natural systems; c) public and private utilities, including roads, sited, designed and constructed in a way that minimizes negative impacts on natural systems; and,
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d) a public park sited, designed and constructed in a way that minimizes negative impacts on natural systems and subject to a zoning by-law amendment.
ii. Land Use Policies:
a) Development will be serviced by the Ballantrae-Musselman Lake Water Works project and the private Water Pollution Control Plant (WPCP) located on the Ballantrae Golf and Country Club. The WPCP will service up to 100 residential units.
3. Interpretation
The provisions set forth in the Town of Whitchurch-Stouffville Official Plan, as amended from time to time regarding the interpretation of that Plan, shall apply in regard to this Amendment and as may more specifically be set out or implied within the policies contained therein. Unless precluded, altered or exempted by any policies contained herein, all of the relevant policies of the Whitchurch-Stouffville Official Plan shall apply to this Amendment.
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Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan... Page 120 of 226 Attachment 3 - DS-006-18 Provincial and Regional Policy Assessment
A Growth Plan (2017)
The Growth Plan for the Greater Golden Horseshoe, as updated in May 2017 (Growth Plan (2017)) and which came into effect on July 1, 2017, applies to the decision to be made by Council in accordance with the recommendations made in this report. This is because the new Growth Plan came into effect in July 1, 2017 and there are no transitional provisions that apply in this circumstance.
The Growth Plan (2017) directs growth to settlement areas and provides policies for where and how municipalities should plan for growth. The Growth Plan (2017) defines settlement areas as: ‘urban areas and rural settlement areas within municipalities (such as cities, towns villages and hamlets) that are:
a) built up areas where development is concentrated and which have a mix of land uses; and b) lands which have been designated in an official plan for development in accordance with the policies of this Plan. Where there are no lands that have been designated for development, the settlement area may be no larger than the area where development is concentrated’.
On the basis of the above, Ballantrae is considered to be a settlement area under the Growth Plan (2017) policies, which means that the subject property is within a settlement area. The Town’s Official Plan has also identified Ballantrae as a settlement area and has planned for growth to occur within this area in accordance with the policies of the Ballantrae-Musselman Lake and Environs Secondary Plan. With respect to the designations that apply to the subject property, the Secondary Plan permits and encourages development to occur through the Plan of Subdivision process.
In 2008, the Province completed a mapping exercise that distinguished settlement areas with a delineated built boundary and settlement areas with an undelineated built boundary. Generally speaking, the main difference between the two types of built-up areas is the type and level of capacity for services that are available to accommodate growth. The undelineated built-up areas generally apply to smaller, unserviced or partially-serviced settlement areas, which have limited capacity to accommodate significant future growth. In 2008, Ballantrae was identified as an undelineated built-up area. It is recognized, however that there are many types of undelineated built-up areas that are also serviced, such as Ballantrae.
Section 2.2.1 of the Growth Plan (2017) includes policies for managing growth. Section 2.2.1.1 a) directs the vast majority of growth to settlement areas with a delineated built boundary and full services. Section 2.2.1.2 b) of the Growth Plan (2017) indicates that growth will be limited in settlement areas that:
i. are identified as undelineated built-up areas;
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Provincial and Regional Policy Assessment
ii. that are not serviced by existing or planned municipal water and wastewater systems; or iii. are in the Greenbelt Area.
Ballantrae is identified as an undelineated built-up area and is within the Greenbelt Plan Area, however Ballantrae has long been identified as an area where growth is anticipated and has some municipal water capacity that will be utilized to support the proposed development and private sanitary servicing is being proposed via a connection to the WPCP. The above- mentioned policy indicates that growth will be limited in areas such as Ballantrae, however the Growth Plan (2017) does not define what is considered to be ‘limited’ growth. In this regard, the amount of growth being considered through these applications is considered to be limited when compared to the significant growth anticipated in the Community of Stouffville, which has a delineated built-up area.
B Provincial Policy Statement (2014)
The Provincial Policy Statement 2014 (PPS 2014) also applies. As noted above, the subject property is within the Ballantrae settlement area. Section 1.1.3.1 of the PPS 2014 indicates that: settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.
In addition to the above, Section 1.1.3.2 a) indicates the following: "Land use patterns within settlement areas shall be based on densities and a mix of land uses which:
1. Efficiently use land and resources; 2. Are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for the unjustified and/or uneconomical expansion; 3. Minimize negative impacts to air quality and climate change, and promote energy efficiency; 4. Support active transportation; 5. Are transit supportive, where transit is planned, exists or may be developed; and, 6. Are freight supportive."
The subject property is within a settlement area and the proposed development is consistent with Section 1.1.3.2 of the PPS 2014 since it efficiently uses land, is to receive municipal water services and private wastewater services from an existing private facility.
Section 1.8 of the PPS 2014, which used to deal with energy and air quality in the PPS 2005, has been significantly expanded in the PPS 2014 to deal with energy conservation, air quality and climate change. These new policies support energy conservation, reduced greenhouse gas emissions and climate change adaptation. Section 10 of the Draft Plan conditions require that the Owner prepare a sustainability handout for all future homeowners, identifies a
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Provincial and Regional Policy Assessment
number of upgrade option to be provided to a minimum of 50% of the lots/homebuyers and requires the Owner to prepare a construction waste plan to ensure the diversion of at least 50% of the waste generated from the Draft Plan to the landfill.
There is also new Section 1.6.6.7 in the PPS 2014 that deals with stormwater management. To some extent, these new policies are related to climate change issues since managing stormwater effectively is required to ensure that public health and safety is not compromised in significant weather events. In this regard, this new section states the following:
‘Planning for stormwater management shall:
a) Minimize, or, where possible, prevent increases in contaminant loads; b) Minimize changes in water balance and erosion; c) Not increase risks to human health and safety and property damage; d) Maximize the extent and function of vegetative and pervious surfaces; and e) Promote stormwater management best practices, including stormwater attenuation and re-use, and low impact development’.
The above policy will also be implemented through Section 6 in the conditions of Draft Plan approval.
C Oak Ridges Moraine Conservation Plan (2017)
The Oak Ridges Moraine Conservation Plan (ORMCP 2017) also applies. The ORMCP 2017 identifies the subject property as being within the settlement area land use designation. The intent of the settlement area designation is to reflect a range of existing communities planned by municipalities to reflect community needs and values. Urban uses and development as set out in municipal official plans are allowed.
Ballantrae is located within a settlement area in the Town’s Official Plan, which means the subject property is within a settlement area.
Section 18 of the ORMCP (2017) also indicates that settlement areas are to be the focus or urban growth with the intent of:
(0.a) encouraging the development of communities that provide their residents with convenient access to an appropriate mix of employment, transportation options and local services and a full range of housing and public service facilities; (a) minimizing the encroachment and impact of development on the ecological functions and hydrological features of the Plan Area; (b) promoting the efficient use of land with transit-supportive densities, through intensification and redevelopment within existing urban areas; and (c) providing for the continuation and development of urban land uses consistent with the
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Provincial and Regional Policy Assessment
growth management strategies identified in the applicable official plans.
The proposed development contains single-detached and street townhouse dwellings and the subject property is in close proximity to other types of lands uses (such as commercial and institutional). Since there are no significant environmental features identified on the subject property, the proposed development will not be impacting any ecological or hydrological features. Transit is not available or planned to provide service to the Ballantrae settlement area, however the redevelopment of the property does provide for a considerable increase in the density on the subject property from the existing density. Lastly, the proposed development is consistent with the form of development exists in the neighbourhood to the north, east and west of the subject property.
D York Region Official Plan
Section 5.6.22 of the York Region Official Plan deals with new development in Towns and Villages (which is how Ballantrae is identified).
That new development areas within Towns and Villages, be subject to comprehensive secondary plans based on the following:
a. Water and wastewater services are available; b. The plan considers the entire Town or Village and integrates the development into the existing community; c. Best efforts to achieve a minimum density requirement of 50 residents and jobs combined per hectare in the developable area; d. Best efforts are made to incorporate policies 5.6.4 through 5.6.16 of this Plan; and, e. Best efforts to encourage development within the built-up area of the Towns and Villages that is consistent with the appropriate policies in Section 5.3 of this Plan.
The subject property is within the Ballantrae-Musselman Lake and Environs Secondary Plan area and the proposed development will rely on municipal water and private sanitary services. The proposed development is also generally consistent with the existing surrounding neighbourhood. While the proposed development will not achieve the minimum density requirements identified above, it does comply with the maximum density planned for the area through the proposed OPA 136 (adopted by Town Council, but has not been approved by the Region).
This policy also introduces the ‘best efforts’ philosophy that the Town should use to determine an appropriate minimum density target for Greenfield areas, as identified in the Growth Plan (2017). Ballantrae is not considered to be a Greenfield area so this policy does not apply.
Lastly, the above-mentioned policy also introduces ‘best efforts’ philosophy that encourages development within the built-up area of Towns and Villages that is consistent with the intensification policies in Section 5.3 of the York Region Official Plan. The proposed development is within the Ballantrae settlement area and complies with this policy directive.
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Provincial and Regional Policy Assessment
On October 17, 2013, York Region Council adopted a Regional Official Plan Amendment 5 (ROPA 5) that had the effect of Region-wide updates to wellhead and sourcewater protection policies and mapping. With respect to the subject property, ROPA 5 mapping updates identified ‘Wellhead Protection Areas and Aquifer Vulernability – WHPA-C and WHPA-C1’ and ‘High Aquifer Vulnerability’ on the subject property. The impacts of such as described below.
The east portion of the subject property is located within the 2-5 year WHPA-C and 5-10 year WHPA-C1 zones as shown on Figure 3 to ROPA 5. Section 7.3.38 of ROPA 5 requires new development to submit a Source Water Impact Assessment and Mitigation Plan (SWIAMP) to address any potential water quality and water quantity threats to municipal groundwater supplies. While no water quality or water quantity threats have been identified in the processing of the application, one of York Region’s Draft Conditions speaks to the completion of a SWIAMP to the satisfaction of the Region.
The subject property is also identified as being within a Highly Vulnerable Aquifer on Figure 8 of ROPA 5. Section 2.3.11 b. of ROPA 5 encourages all development proposals to implement best practices involving the application, storage and/or handling of road salt on private roadways, parking lots and pedestrian walkways, while recognizing that maintaining public safety is paramount. This is also an element that needs to be considered in the completion of the SWIAMP (as mentioned above) to the satisfaction of the Region.
E Planning Act Criteria
The consideration of all Plans of Subdivision in Ontario is subject to the criteria established in the Planning Act. In this regard, Section 51(24) begins as follows: ‘In considering a Draft Plan of Subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to…’ Subsections (a) to (m) follow, some of which directly apply to the subject property. Below is a review of those subsections.
Section 51(24)(a) states: ‘In considering a Draft Plan of Subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to the effect of development of the proposed subdivision on matters of provincial interest as referred to in Section 2.’ [Emphasis added] In this regard, Section 2 states the following ‘the Minister, the Council of a municipality, a local board, a planning board and the Municipal Board, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as,’
Sections 2(a) to (s) of the Planning Act are reproduced below and those subsections that are highlighted in bold are relevant to the consideration of the application affecting the subject property (brief comments are provided in bold italics):
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(a) The protection of ecological systems, including natural areas, features and functions (There are no Key Natural Heritage Features on the subject property or Species at Risk); (b) The protection of the agricultural resources of the Province (does not apply as lands within the settlement area); (c) The conservation and management of natural resources and the mineral resource base (does not apply as lands within settlement area); (d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest (has been considered through process to date and Province has provided sign-off letter dated January 5, 2015 with respect to archaeology); (e) The supply, efficient use and conservation of energy and water (the subject property will be connected to municipal water services and the existing private sanitary services at the WPCP that is located to the east of the subject property on the Ballantrae Golf and Country Club property, and of which capacity for both required services have been confirmed to be available); (f) T he adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems (the subject property will be connected to municipal water services and the existing private sanitary services at the WPCP that is located to the east of the subject property on the Ballantrae Golf and Country Club property, and of which capacity for both required services have been confirmed to be available); (g) The minimization of waste (new homes will be required to sort their waste as appropriate and conditions of Draft Approval will require sustainable development and the minimization/diversion of waste); (h) The orderly development of safe and healthy communities (the subject property is within a settlement area, which is where growth is to be directed); (h.1) The accessibility for persons with disabilities to all facilities, services and matters to which this Act applies (open space areas that are dedicated will be designed to be accessible as required); (i) T he adequate provision and distribution of educational, health, social, cultural and recreational facilities (a public park is planned for the subdivision); (j) The adequate provision of a full range of housing, including affordable housing (a range of housing types on the subject property will support this Provincial interest); (k) The adequate provision of employment opportunities (this is a residential subdivision, however, home occupations will be permitted); (l) The protection of the financial and economic well-being of the Province and its municipalities (this is primarily implemented by ensuring that growth is directed to settlement areas where efficiencies can be realized);
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(m) T he co-ordination of planning activities of public bodies (all agencies have participated in the review process); (n) The resolution of planning conflicts involving public and private interests (the location of publicly accessible lands have been identified and purchasers will be advised of a number of matters relating to the development of the subdivision); (o) T he protection of public health and safety (the proposal has been reviewed by all Town departments); (p) T he appropriate location of growth and development (the subject property within settlement area, which is where growth is to be directed); (q) T he promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians (public transit is not available in the Ballantrae settlement area); (r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant (to be dealt with through architectural control); (s) The mitigation of greenhouse gas emissions and adaptation to a changing climate (to be implemented through the recycling of household and construction waste and taken into account in the design of the naturalized stormwater management system and pond).
The remaining criteria from Section 51(24) are briefly considered below with comments in bold.
Section 51(24)(b) - "Whether the proposed subdivision is premature or in the public interest". The subject property is in a settlement area and will be constructed in one phase.
Section 51(24)(c) - "Whether the plan conforms to the Official Plan and adjacent Plans of Subdivision, if any.” The application will conform to the in-effect Official Plan, subject to the approval of the Official Plan Amendment, and is compatible with the existing adjacent Plan of Subdivision to the north, east and south.
Section 51(24)(d) - "The suitability of the land for the purposes for which it is to be subdivided.” The suitability of the land for development has been confirmed by the studies completed in support of the proposed development.
Section 51(24)(e) - "The number, width, location and proposed grades and elevations of highways and the adequacy of them, and the highways linking to highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them.” The location of all proposed public road and private roads been confirmed.
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Provincial and Regional Policy Assessment
Section 51(24)(f) - "The dimensions and shapes of the proposed lots.” The dimensions and shapes of the lots are appropriate and will conform to the Town's Zoning By-law, subject to the approval of the Zoning By-law Amendment.
Section 51(24)(g) - "The restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land.” The Town's Zoning By-law will control the placement of all buildings and structures. Easements will be located as required. Other potential restrictions are identified in the Draft Conditions.
Section 51(24)(h) states the following: - “Conservation of natural resources and flood control.” There are no areas on the subject property that are being proposed to be conveyed to the LSRCA.
Section 51(24)(i) states the following: - “Adequacy of utilities and municipal services". Confirmation has been received that private sanitary and municipal water services are available, as well as confirmation on utilities.
Section 51(24)(j) states the following: - “Adequacy of school sites". The school boards have indicated that school site not required on the subject property.
Section 51(24)(k) states the following: - “The area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes." A public park will be conveyed to the Town as well as cash-in-lieu for the remaining required parkland.
Section 51(24)(l) states the following: - “The extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy." The subject property is within a settlement area where infrastructure and energy can be used efficiently.
Section 51(24)(m) states the following: - “The interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006". The Draft Plan Conditions set out detailed design requirements to be completed to the satisfaction of the Town prior to the execution of a Subdivision Agreement.
8 Report No. DS-006-18 - Proposed Draft Plan of Subdivision, Official Plan... Page 128 of 226 Attachment 4 – DS-006-18
SCHEDULE OF CONDITIONS 19T(W)-16.001 Ballymore Developments (Ballantrae) Corp. Part of Lots 21 & 22, Concession 8 15381, 15437, 15457 & 15473 Highway 48 Community of Ballantrae Town of Whitchurch-Stouffville
1.0 General 1.1 Approval shall relate to a Draft Plan of Subdivision 19T(W)-16.001 by Malone Given Parsons, Drawing No. 12:2161, dated August 31, 2017. 1.2 This Draft Approval shall lapse on March 6th, 2021 unless extended by the Town upon application by the Owner in accordance with the Planning Act. 1.3 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements, in wording satisfactory to the Town, to include in the Condominium Declaration, as a duty of the condominium corporation, the obligation to enter into an Agreement with the Town within 30 days following registration of the condominium, for the following:
i. Easement(s) and/or right of access by the Municipality and its agents, including for garbage collection, over the private roads and lanes. ii. An acknowledgement that the Condo Corporation will be responsible for the maintenance and snow clearing of Street ‘A’, all private roads and lanes and the emergency access (Block 85); iii. Easement(s) over Street ‘A’ for which the Condo Corporation will be responsible for the on-going maintenance and repair of same, including those watermains, sewers, and other services located within Street ‘A’; iv. Easement(s) over the stormwater management facility (Block 82); and v. Easement(s) over that portion of Landscape Buffer Blocks 83 and 84 within which the Town may construct a future sidewalk (3.0m in width). It is acknowledged that the Town will be responsible for the construction, maintenance and repair of the sidewalk located within this easement. vi. An acknowledgement that the Condominium Corporation will be responsible for the maintenance of the landscape buffers (Blocks 83 and 84) and the stormwater management facility (Block 82). vii. Easement(s) over the emergency access block (Block 85).
1.4 The Owner shall enter into a Subdivision Agreement and other Town agreements with the Town to satisfy all conditions, financial or otherwise of the Town, with regard to such matters as the Town may consider necessary. 1.5 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to provide written notice of all development charges related to the Plan of Subdivision including payments made and any amounts owing, to all first purchasers of lands within the first phase of the Draft Plan at the time the lands are transferred to the first purchasers.
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1.6 The Owner shall provide a copy of the draft Subdivision Agreement to the York Region Corporate Services Department, outlining all requirements of the Corporate Services Department, prior to Final Approval (York Region). 1.7 The Owner shall provide a copy of the draft Subdivision Agreement to the LSRCA prior to Final Approval, along with a detailed letter to the LSRCA indicating how and when each LSRCA condition of Draft Approval has been addressed (LSRCA). 1.8 The Owner shall enter into an agreement with York Region, agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation; Regional Development Charges in effect at the time that Regional Development Charges, or any part thereof, are payable (York Region). 1. 9 The Owner shall pay any and all outstanding application fees to the Town in accordance with the current Fees and Charges By-law as may be amended from time-to-time. 1.10 The Owner shall satisfy the Town with respect to any and all financial obligations for external municipal works that are necessary to facilitate the development of the draft plan lands prior to the execution of a servicing agreement or a Subdivision Agreement or other agreement for municipal works that are not included in the Town’s Development Charges Background Study. 1.11 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that prior to the issuance of the first building, the water supply system, storm water management facility, the external storm sewer and by-pass sewer system, and the sanitary sewerage system, including the sanitary sewerage conveyance system within the Subdivision have been constructed in accordance with the approved drawings and are certified by the Owner’s Professional Engineer that said works are substantially complete / functional. 1.12 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that prior to the issuance of the first building permit, the sanitary sewerage conveyance system between the Subdivision and the private communal Waste Water Treatment Facility (WWTF) owned and operated by Schickedanz Bros. Limited has been constructed in accordance with the approved drawings and is certified by the Professional Engineer that said works are substantially complete / functional. 1.13 The Owner acknowledges and agrees that the Draft Plan of Subdivision and associated conditions of Draft Approval may require revisions, to the satisfaction of the Town, to implement or integrate any recommendations resulting from studies or submissions required as a condition of Draft Approval. 1.14 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the Plan of Subdivision has been presented as one development and notwithstanding possible construction phasing, the plan will not be assumed by the Town in its entirety.
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The Owner will dedicate Street ‘A’ to the Town but the Town will not maintain or be financially responsible for the road. The Town will assume and maintain the park block (Block 81). 1.15 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the site is required to have 1 distinct roadway access for the public and residences, 1 distinct/emergency access for the EMS services and maintenance and/or residences and public as required at the time of emergency or maintenance and 2 watermain connections for each phase of construction to the satisfaction of the Town prior to the commencement of construction of any dwelling. Said water supply connections are to be completed to watermains that are fully operational. 1.16 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements not to commence the stripping of topsoil or rough grading on the site, or, the removal of any trees, in the absence of an approved Subdivision Agreement or other agreement or approval with the Town. 1.17 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to be permitted to place topsoil on the Park Block for no longer than 36 months from the start of construction on the site. After the 36 month period described above, the Owner shall ensure that the Park Block is graded and topsoiled with 0.3 metres of topsoil to the satisfaction of the Town. 1.18 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that all lots or blocks to be left vacant for longer than a specified period of time shall be graded, seeded, and maintained to the satisfaction of the Town. 1.19 The Owner agrees to submit a soils/geotechnical report, prepared by a qualified Engineer that addresses the suitability of the lands for residential development, the construction of municipal roads and infrastructure to the Town for review and approval before the detailed engineering drawings are signed by the Town Engineer. The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to carry out, or cause to carry out, the recommendations of the report including pavement design, pipe bedding, cathodic protection, etc., for ideal and non-ideal conditions to the satisfaction of the Town. 1.20 The Owner acknowledges and agrees not to commence construction of underground services and road construction in the absence of a Subdivision Agreement or other agreement that is satisfactory to the Town.
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1.21 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to design, construct, and/or pay for the construction of public/private highways, bicycle lanes, emergency access roads, curbs, gutters, sidewalks, underground and above ground services, streetlights, storm water management facilities/modifications to the storm water management facilities, street and directional signs, 911/building numbering signs, traffic calming controls, off-street trails & paths, etc. to the satisfaction of the Town and in accordance with Town and AODA standards. The Owner shall be responsible including all financial burdens associated with the ongoing maintenance of the above-mentioned infrastructure. 1.22 The Owner shall provide, prior to execution of the Subdivision Agreement, detailed engineering drawings that have been prepared by a qualified engineer, which will include, but not be limited to grading control plans, plan and profile drawings of all underground and above ground services for Street ‘A’, the by-pass storm sewer and all external sewers, general plans, drainage plans, composite utility plans, stormwater management detail plans, Neighbourhood Information Plans etc. to the satisfaction of the Town Engineer. 1.23 The Owner shall submit a complete and updated Preliminary Servicing Study and Stormwater Management Analysis prepared by a qualified professional to the satisfaction of the Town Engineer before the detailed engineering drawings are signed by the Town Engineer. If construction phasing of the plan is proposed, the study shall document proposed phasing of services. The documentation shall detail further, all roads and services should be designed in accordance with the Functional Servicing Study (FSS) for the Town of Whitchurch-Stouffville, subject to amendment by subsequent studies approved by the Town including the Transportation Master Plan. The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to carry out, or cause to carry out, the recommendations set out in the approved study, to the satisfaction of the Town. 1.24 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the Owner shall not enter into any contract for the performance of any of the Works or begin performing any of the works in accordance with the approved engineering drawings unless and until the form and provisions of the contract, the contractor's guarantees and the contractor have been first approved by the Town Engineer and a copy of the executed documentation has been provided to the Town for record keeping purposes, which approval shall not be unreasonably withheld. The contract or contracts shall provide that the Town Engineer may inspect the construction of any and all work under the contracts and that the Town Engineer shall have authority to instruct the contractor or contractors to stop work should any construction be undertaken contrary to the Town’s requirements.
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1.25 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that any future residential construction shall be designed in such a manner that the building foundation footing and associated weeper shall be constructed and installed a minimum of 0.6 metres above the observed and historic high groundwater level. The Owner shall undertake the necessary excavation of test pits throughout the site, at a spacing interval to be established by the Town, and, to have the test pits inspected and confirmed by the Town. The Owner shall retain a geotechnical Engineer to confirm in writing to the Town that the proposed grading plan and the minimum footing elevations specified are a minimum 0.6 metres above the observed and historic high groundwater levels noted above. 1.26 Where the Owner proposes to proceed with the construction of a model home(s) prior to registration of the Plan, the Owner agrees to enter into an agreement with the Town, setting out the conditions, and shall fulfill relevant conditions of that agreement prior to issuance of a Building Permit. 1.27 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare a Neighbourhood Information Plan for review and approval by the Town prior to installation in every sales office associated with this plan for the benefit of prospective purchasers. This Neighbourhood Information Plan shall contain, at a minimum, the following: • Sidewalks; • Driveways; • Above ground utilities; • Naturalized areas; • Stormwater management ponds and maintenance accesses; • Parks and open space blocks; • Transit routes and transit stops (existing and proposed); • School block showing driveway locations; • Active transportation routes; • Canada Post boxes; and, • Street furniture. The content of the Neighbourhood Information Plan will be subject to direction by the Town and it will also be subject to revisions as determined by the Town as the detailed design and approval of the services and features of the plan are obtained. The Town may also require that adjacent land uses be shown as well. The Owner shall agree to implement, and post revisions of the Neighbourhood Information Plan as directed by the Town. All display plans shall be reviewed and approved by Town staff prior to their display in the sales office.
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1.28 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the Owner shall prepare a notice for future purchasers that provides discusses the: • Role and function of roads within and adjacent to the subdivision; • The responsibility of the Owner/developer with respect to unassumed roads; • The nature of any easements; • The location of sidewalks; • The extent of the private lots as it relates to the curb; • On-street parking rules; and, • Driveway locations. The Town shall review the notice, before it is released. 1.29 The Owner agrees that firebreak lots within the Draft Plan shall be designated in the Subdivision Agreement, to the satisfaction of the Fire Chief. The Owner shall provide a Letter of Credit in the Subdivision Agreement in an amount to be determined by the Town at the Subdivision Agreement stage to ensure compliance with this condition. 1.30 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to submit a Phase One Environmental Site Assessment completed in full accordance with O. Reg. 153/04, as amended, for the purpose of filing a Record of Site Condition for all the Lands within the subdivision indicating that no further environmental assessment is required in order to file a Record of Site Condition for the applicable land use (If the land use is unknown, Table 2 Residential/Parkland/Institutional Property Use shall be used). Once completed, the Owner also agrees and covenants in the Subdivision Agreement provide a Letter of Acknowledgement of the filing and approval of a Record of Site Condition from the Ministry of Environment and Climate Change to the Town for the land parcel for the applicable land use prior to registration of the plan. 1.31 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to apply civic numbers signs to lots/blocks to the satisfaction of the Town’s Chief Building Official and Fire Chief prior to registration of the plan and as per the Town’s Building Numbering By-Law following registration of the plan and erection of the building. Buildings with access off of rear lanes are to be affixed with street names and civic numbers at the front and rear building elevations of each dwelling unit all to the satisfaction of the Town. 1.32 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to install a new board on board privacy fence (where required by the Town) on his property for all existing residential properties that either back or flank onto the future lots within the subdivision.
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1.33 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to rectify any drainage and/or erosion issues that may be as a direct result from the activities associated with the development of its lands. 1.34 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to design and construct an emergency access including providing an easement in favour of the Town over Block 85 including any necessary works within the existing Town road allowance for emergency services vehicles. 1.35 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to provide a 3.0 metre clear swath of land and to prepare and submit to the Town for approval Landscape drawings for Buffer Blocks 83 and 84. The Landscape design shall include sufficient clear space as determined by the Town for the Town to construct and maintain a future municipal sidewalk. The Owner further agrees and covenants in the Subdivision Agreement to provide an easement over Blocks 83 and 84 for the future construction and maintenance of a future municipal sidewalk and for public access. Maintenance of the sidewalk, excluding landscaping elements is agreed to be the responsibility of the Town. All works and easements associated with Blocks 83 and 84 shall be to the satisfaction of the Town. 1.36 Any vegetation that is removed due to the construction of external works will be replaced with vegetation of equivalent calliper size (or approved replacement equivalent), in accordance with the Tree Analysis Report prepared by Beacon Environmental Report, dated May 24, 2017. 1.37 The Owner’s consulting engineer shall prepare a Construction Management Plan for all works to be constructed by the Owner’s forces and contractor. 1.38 The Owner agrees and covenants in the Subdivision Agreement to grant to the Town easements over the private roads/lanes (Block 86), emergency access (Block 85), stormwater management facility (Block 82) and Landscape buffers (Blocks 83 and 84) for access and for the performance of any works or operations in the event of an emergency and for public access. In the event that such emergency works are necessary, such works are to be at the Owner and/or successor Condominium Corporation’s expense.
2.0 Town Roads 2.1 Street ‘A’ right-of-way included within this Draft Plan of Subdivision shall be dedicated as a public highway without monetary consideration and shall be free of all encumbrances. All other road allowances included within this Draft Plan of Subdivision shall be private roadways owned by the condominium corporation. All public and private right of ways, streets, roadways and lanes will be the responsibility of the Owner and or future Condominium Corporation regarding insurance, maintenance and financial costs. 2.2 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to provide municipal and public access easements to the Town over the shared or common condominium-owned areas of the Draft Plan of Subdivision.
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2.3 The road allowances included within this Draft Plan of Subdivision shall be named to the satisfaction of the Town and York Region (York Region). 2.4 All required 0.3 metre reserves as identified by the Town shall be conveyed to the Town without monetary consideration and shall be free of all encumbrances. 2.5 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the public highways shall be designed and constructed in accordance with established municipal standards to the satisfaction of the Town. 2.6 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to provide temporary turning circles and any necessary easements (if and where required) at the Owner’s expense. The Owner also acknowledges and covenants in the Subdivision Agreement to remove the temporary turning circles and restore the streets to their normal condition at the Owner’s expense when required by the Town and to the satisfaction of the Town. 2.7 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to submit a Streetscape Plan, prepared by a qualified Landscape Architect in good standing with the O.A.L.A., to the satisfaction of the Town. The Streetscape Plan shall include all roads internal to the Subdivision. The Streetscape Plan shall include a street tree planting plan which shall include a target of one tree per residential lot (at a minimum), spaced at average intervals of 10 metres, recognizing the constraints associated with driveway locations and the placement of above ground utility pads/pedestals, etc. The minimum caliper of trees shall be 70 mm. Where the Owner cannot achieve the tree-planting scheme noted above the Owner shall provide alternate locations for the trees within the municipal right of way or at another location to the satisfaction of the Town. The size, spacing and species selected shall be as per the approved Landscape Plans and coordinated with the Composite Utility Plan all to the satisfaction of the Town. 2.8 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the detailed design and the construction of all approved landscaping shall be completed in accordance with the provisions of the approved Streetscape Plan and at no cost to the Town. 2.9 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare an Active Transportation Plan that provides details including but not limited to all traffic control measures, on-street parking locations, sidewalks and bicycle routes to the satisfaction of the Town and York Region. 2.10 The Owner shall construct a 1.5-meter-wide sidewalk on both sides of Street ‘A’.
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2.11 The Owner (and/or the condominium corporation) agrees and covenants in the Subdivision Agreement and/or other Town Agreements to enter into an Agreement with the Town prior to Registration of the plan of subdivision to design, construct, operate, maintain, rehabilitate and replace as necessary in perpetuity all aboveground and underground infrastructure, services and landscaping on Street ‘A’. Operation and maintenance will include:
a) Yearly inspections of infrastructure by a Civil Engineer licenced to practice in the province of Ontario and yearly inspections of street trees and vegetation by a Landscape Architect or Arbourist licenced to practice in the province of Ontario; b) Regular maintenance and/or replacement as identified in the yearly inspections; c) Continuous snow removal, sanding and salting of the road and sidewalks on Street ‘A’ within eight hours after a snow event and/or after 24 hours after the beginning of the snow event, whichever event occurs first; and, d) Other requirements as may be deemed necessary by the Town, the Region of York or the Ministry of Transportation. 2.12 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the sidewalks internal to the Plan shall be constructed within the road allowance to the satisfaction of the Town and the Region of York. 2.13 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that all commercial vehicle deliveries (net vehicle weight in excess of 1 tonne) associated with the construction activity with the Plan shall be from Highway 48. 2.14 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to provide a complete and final Traffic Impact Study prepared by a qualified professional that includes among other analysis a detailed design of the proposed roundabout at the intersection. The roundabout shall be based on design criteria prescribed by the Town. 2.15 The Owner agrees that if additional land is required to provide for the roundabout and other municipal services and utilities in the road allowance, the Owner agrees that the draft plan will be modified, and appropriate widenings will be provided. The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to carry out, or cause to carry out, the recommendations set out in the approved report, to the satisfaction of the Town. 2.16 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare a Traffic Control Plan which will include on-street parking in accordance with a Terms of Reference to be prepared by the Town identifying proposed locations for on-street parking. The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to carry out, or cause to carry out, the recommendations set out in the Traffic Control Plan to the satisfaction of the Town.
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3.0 Grading 3.1 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to provide a retaining wall along Lots 55-64 and plant a hedge along the rear of the lots if such measures are determined necessary at the sole discretion of the Town to provide privacy for the existing owners at the east side of the subdivision. If determined necessary by the Town, the Owner shall be responsible for all costs associated with the retaining wall and will identify on engineering, landscaping and any other drawings to the satisfaction of the Town. The developer agrees and covenants in the Subdivision Agreement that the existing retaining wall and the evergreen hedge along the east side of Block 82 shall be left in place. 3.2 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the existing galvanized chain-link fence along Lots 55-64 and Block 82 shall be left in place. The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the Owner will be required to provide a board-on-board privacy fence at the west side of the public park (Block 81).
4.0 Parks and Open Space 4.1 The Park Block (Block 81) shall be dedicated to the Town without monetary consideration and shall be free of all encumbrances. 4.2 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that in accordance with the provisions of Section 51.1 of the Planning Act, that Park Block 81 be dedicated to the Town as part of the 5% parkland contribution. The Owner acknowledges that the dedication of Block 81 does not fully satisfy the parkland dedication requirements and that the shortfall in the required 5% parkland contribution shall be comprised of a cash-in-lieu payment to the Town pursuant to Section 51.1 of the Planning Act. After accounting for the dedication of parkland within Subdivision File No. 19T(W)-16.001 the net under dedication of parkland in this Plan is 0.134 hectares. The Owner shall also be responsible for the cost of the appraisal to be completed by a firm to the satisfaction of the Town.
5.0 Water 5.1 The developer shall provide the Town 72 hours notice prior to connecting to the Town watermains and shall only connect to the watermains in the presence of the Town’s Public Works inspector(s).
6.0 Stormwater Management
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6.1 The Owner (and/or the condominium corporation) agrees and covenants in the Subdivision Agreement and/or other Town agreements to design, construct, operate and maintain the stormwater management facility (SWMF) in Block 82 and the oil/grit separator (OGS) (on Private Road C) in perpetuity. Operation and maintenance shall include but is not limited to: a) Weekly inspections of the SWMF for grass cutting, maintenance and replacement (if required) of planting, and trash removal; b) Yearly inspections of the hard infrastructure within the SWMF by a qualified person to the satisfaction of the Town; c) Regular maintenance and/or replacement of the SWMF infrastructure as identified in the yearly inspections; and d) Annual inspections of the of the OGS by a qualified person to the satisfaction of the Town; e) Regular maintenance and/or replacement of the OGS (as identified in the quarterly inspections). 6.2 The Owner (and/or the condominium corporation) agrees and covenants in the Subdivision Agreement and/or other Town Agreements to design, construct, operate and maintain the external by-pass storm sewer (and all associated appurtenances including the infiltration trenches and perforated pipe infiltration system) along Highway 48, Street ‘A’, Private Road C and within the SWMF (Block 82) in perpetuity. 6.3 The Owner (and/or the condominium corporation) agrees and covenants in the Subdivision Agreement and/or other Town Agreements to design, obtain all approvals, provide securities to the Town and construct an external minor system storm sewer from Block 82 in the Pettet Road and Tranmere Road road allowances to an existing drainage easement between 11/15 Tranmere Road. The Owner further agrees to enter into a maintenance agreement with the Town for a minimum period of two years before the Town will assume ownership and maintenance responsibility for the storm sewer. Operation and maintenance of all infrastructure shall be to the satisfaction of the two during the two (2) year maintenance period.
7.0 Noise 7.1 The Owner agrees to implement the recommendations of the Environmental Noise Assessment prepared Valcoustics dated May 26, 2017, as may be amended, including the provision of an acoustic barrier to benefit Lots 1-4 and Block 79 as noise mitigation measures.
8.0 Architectural Control
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8.1 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to incorporate the requirements and criteria of the Town approved architectural control manual for this subdivision prepared by MBTW/wai, dated September 11, 2017 into all site plan and building permit applications within the Draft Plan, and where relevant, municipal works and landscaping. 8.2 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to have the design consultant who prepared the approved architectural control manual to certify that each residential building permit application is designed in accordance with the said approved manual prior to the building permit being issued by the Chief Building Official. Further, the cost associated with the review and certification of the residential building permit application by the control architect shall be borne by the Owner.
9.0 Utilities 9.1 The Owner shall prepare an overall composite utility plan to the satisfaction of the Town and all affected authorities/service providers, prior to the execution of the Subdivision Agreement and/or other Town Agreements. 9.2 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that hydro electric, telephone, high speed broadband width telecommunication services, gas and television cable services, fiber optic conduit and/or cable shall be constructed at no cost to the Town, as underground facilities within the public highway allowances or within other appropriate easements, as approved on the Composite Utility Plan, to the satisfaction of the Town and affected authorities/service providers. 9.3 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to enter into any Agreement(s) required by any applicable utility companies to undertake the installation of utilities consistent with the approved Composite Utility Plan. 9.4 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements with respect to the provision of natural gas distribution to: a) Make satisfactory arrangements with the appropriate service authority to install all of the natural gas distribution system within the proposed public highway allowance; b) Grade all streets to final elevation prior to the installation of the gas lines; and, c) Provide the necessary field survey information required for the installation of the gas distribution system, all to the satisfaction of the Town and the service provider. d) Provide the necessary field survey information required for the installation of the gas distribution system, all to the satisfaction of the Town and the service provider.
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9.5 All switchgear distribution infrastructure shall not be located on Municipally owned Lands including but not limited to Right of Ways, Ponds and Park Blocks.
10.0 Canada Post 10.1 The Owner will consult with Canada Post Corporation and the Town to determine suitable locations for the placement of community mailboxes, and, will indicate on the appropriate servicing plans: a) The location of community mail boxes; b) An appropriately sized section of concrete pad as per municipal standards to place the community mailbox on; c) Any required walkways across the boulevard, as per Town requirements; and, d) Any required curb depressions for wheelchair access to the satisfaction of the Town and Canada Post. 10.2 The Owner shall notify the purchaser of the exact Community Mailbox locations prior to the closing of any unit sale. 10.3 The Owner agrees and covenants in the Subdivision Agreement to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox locations. This will enable Canada Post to provide mail delivery to the new homes as soon as they are occupied.
11.0 Sustainability of Development 11.1 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare a sustainability handout that will be provided to all future homeowners. This handout will be prepared to the satisfaction of the Town. 11.2 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements that the following upgrade options to be provided to a minimum of 50% of lots/homebuyers: a) Rain Barrels; b) Solar Ready Package; c) Programmable Thermostats; d) 90ER Condensing Hot Water heater; e) Dual flush toilets; f) Low Flow Shower Heads;
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g) Spray Foam Insulation of Garage; h) Energy Saving Lights (100% CFL); i) Hot Water Thermostat; and, j) Clothes Line. 11.3 The Owner agrees and covenants in the Subdivision Agreement and/or other Town Agreements to prepare a construction waste plan to ensure diversion of at least 50% of the waste generated from the Draft Plan to the landfill.
12.0 Ministry of Transportation 12.1 Prior to final approval, the owner must submit to the Ministry of Transportation for review and approval a copy of Stormwater Management Report, Site Grading and Servicing Plan, addressing the intended treatment of the calculated runoff. 12.2 Prior to final approval, the owner must submit to the Ministry of Transportation for review and approval a copy of the proposed site and street Lighting Design and Calculations in the isometric format, using AG!-32 and Auto-Lux. 12.3 Prior to final approval, the owner must submit to the Ministry of Transportation for review and approval copy of the detailed Traffic Impact Study addressing the anticipated traffic volumes and their impact on Highway 48. 12.4 Proposed Emergency Access to Highway 48, is not allowed and must be removed from all documents and drawings. The access can be obtained via local streets. 12.5 Ministry clearance letter must be issued before the Draft Plan of Subdivision can be registered. 12.6 If the site is going to be constructed in phases, each phase will require a separate clearance letter from the Ministry.
13.0 Regional Municipality of York 13.1 Approval shall relate to Draft Plan of Subdivision by Malone Given Parsons, Project No. 12:2161, dated August 31, 2017. 13.2 The road allowances included within the Draft Plan of Subdivision shall be named to the satisfaction of the Town of Whitchurch-Stouffville and York Region. 13.3 York Region shall confirm that adequate water supply capacity is available and has been allocated by the Town of Whitchurch-Stouffville for the development proposed within this Draft Plan of Subdivision or any phase thereof. Registration of the Plan of Subdivision shall occur in phases based on the availability of servicing capacity. 13.4 Prior to final approval, the Municipal Responsibility Agreement made May 12, 1999 between Schickedanz Bros. Limited and York Region addressing the existing Ballantrae Golf & Country Club Wastewater Treatment Plant shall be amended to the satisfaction of
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the Region, including without limitation: a. A revised and updated definition of default; b. A revised schedule of annual payments to the Capital Replacement Reserve Fund; c. Revisions to reflect changed legislative requirements or demonstration that no change is required; d. Acknowledgement of the Region’s obligations under certain statutory provisions and cost recovery for same; e. Requirements for the anticipated Reciprocal Agreement; f. Updated insurance coverage consistent with the Region's current standards; g. Provisions regarding the Wastewater Treatment Agreement between the Owner and Ballantrae Natural Resource Centre Inc. made March 26, 2014; h. Registration against appropriate lands.
As an alternative to amendment of the 1999 Municipal Responsibility Agreement, the Region may at its option require a restated Municipal Responsibility Agreement be entered into by Schickedanz Bros. Limited and/or its designate. 13.5 The Owner shall pay the Region’s reasonable legal costs for the preparation of the amendment to, or restatement of, the Municipal Responsibility Agreement.
13.6 The Owner shall agree in the Subdivision Agreement, in wording satisfactory to York Region, to provide for warning clauses in all offers of purchase and sale for the condominium units and in the Declaration acknowledging that:
a. The wastewater system including the Ballantrae Golf & Country Club Wastewater Treatment Plant is privately owned and operated, is shared among other condominium corporations, and is not the responsibility of York Region; b. The golf course is privately owned and forms part of the treated sewage disposal system; and, c. Special levies may be charged against condominium unit owners to correct and/or rectify wastewater system deficiencies and malfunctions or for covering shortfalls that may arise from unanticipated or occasional expenses. 13.7 The Owner shall agree in the Subdivision Agreement, in wording satisfactory to York Region, to include in the Declaration, as a duty of the condominium corporation, the obligation of the condominium corporation to enter into a Reciprocal Agreement within 30 days following registration of the condominium, in a form satisfactory to the Region, among parties potentially including the operator of the Ballantrae Golf & Country Club Wastewater Treatment Plant, the condominium corporation to be created for the subject lands, and the existing registered residential condominium corporations dependent upon the Plant for sanitary servicing, which Reciprocal Agreement shall include, without limitation, provisions governing:
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a. Any event of continuing default by the Plant operator, including the rights and obligations of the condominium corporations jointly and severally to operate the Plant until the default is rectified and to recover the costs of same from the operator; b. Conveyance of such easements among the parties as are necessary to ensure continued operation of the Plant in any event; c. Confirmation of the covenant of the operator to provide sanitary services at the Plant for each of the condominium corporations, including in accordance with any agreements directly between the operator and each condominium corporation; and d. Dispute resolution mechanisms including mediation and/or arbitration.
The Reciprocal Agreement, with respect to the inclusion of the foregoing provisions, is to be approved by the Regional Solicitor prior to final approval.
13.8 Prior to final approval, the Owner shall submit the draft Reciprocal Agreement to the Region for review and approval and the Owner shall pay the Region’s reasonable legal costs for the review of the draft Reciprocal Agreement. 13.9 Prior to final approval, the Owner shall submit the draft Condominium Declaration and Condominium Rules to the Region for review and approval and shall pay the Region’s reasonable legal costs for this review. 13.10 Prior to registration of the condominium, the Owner shall submit the final draft of the Condominium Declaration and a copy of the Condominium Rules to the Region for review and approval and shall pay the Region’s reasonable legal costs for this review. 13.11 The Owner shall agree in the Subdivision Agreement that prior to occupancy of any residential units, the Owner shall provide to the Region, in a form satisfactory to the Region: a. Confirmation that the Wastewater Treatment Agreement between the Owner and Ballantrae Natural Resource Centre Inc. made March 26, 2014, has been updated pursuant to the amended Municipal Responsibility Agreement; b. The certificate of a third-party Consultant (registered professional engineer) certifying that the sanitary service connection of the proposed development to the Ballantrae Golf & Country Club Wastewater Treatment Plant has been constructed in accordance with approved plans, and has been constructed and is operational in compliance with any required approval from the Ministry of the Environment and Climate Change (MOECC) or other governmental authority. 13.12 The Owner shall agree in the Subdivision Agreement that the Owner shall save harmless the Town of Whitchurch-Stouffville and York Region from any claim or action as a result of water or sanitary service not being available when anticipated.
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13.13 Prior to final approval, an electronic copy of the engineering drawing(s) showing the layout of the watermains and sewers shall be submitted to the Community Planning and Development Services branch and the Infrastructure Asset Management branch for record. 13.14 Prior to final approval, the Owner shall provide to the Region easements and rights-of-way over the subject property or such part of it as the Region may determine for access to the sanitary sewer system for inspection, monitoring and for the performance of any works or operations in the event of an emergency or any other event that requires the Region to respond to default in the operation of the wastewater system servicing the subject property including the Ballantrae Golf & Country Club Wastewater Treatment Plant. 13.15 For all lands, the Holding (H) provisions of Section 36 of the Ontario Planning Act shall be used in conjunction with all residential zone categories in order to ensure that final plan approval and development of these lands does not occur until such time as the Holding (H) symbol is removed in accordance with the provisions of the Ontario Planning Act. The Zoning Bylaw shall specify the terms under which Council may consider the removal of the Holding (H) symbol. Said terms shall include a minimum of the following: i. The Council of the Town of Whitchurch-Stouffville has allocated, within the limit of the Regional capacity assignment, adequate available water servicing capacities to the subject development; and, ii. The capacity evaluation of the Ballantrae Golf & Country Club Wastewater Treatment Plant is completed by a third-party Consultant (registered professional engineer) demonstrating, to the satisfaction of the Region, that the Plant can service additional residential units proposed in the subject development and complies with the applicable environmental approvals. 13.16 Prior to final approval, if required by the Ministry of Environment and Climate Change (MOECC), in accordance with the confirmation obtained pursuant to Pre-Condition #3, the Owner shall obtain: a. An amendment to the existing Environmental Compliance Approval (ECA) for the private wastewater treatment system; and/or b. A new ECA required for works related to the wastewater collection and conveyance to the private wastewater treatment system. 13.17 Prior to final approval, the Owner shall provide confirmation that Schickedanz Bros. Limited has granted to Ballantrae Natural Resource Centre Inc. easements and rights-of- way to the satisfaction of the Region and as contemplated in section 5(l) of the Amendment of Agreement of Purchase and Sale between Ballymore Terra Inc. and Schickedanz Bros. Limited dated November 12, 2012. 13.18 Prior to final approval, the Owner shall provide drawings for the proposed servicing of the site to be reviewed by the Engineering Department of the area municipality. Three (3) sets of engineering drawings (stamped and signed by a professional engineer), and MOE forms together with any supporting information shall be submitted to Development
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Engineering, Attention: Mrs. Eva Pulnicki, P.Eng. 13.19 Prior to final approval, the Owner shall conduct and submit a Source Water Impact and Assessment Mitigation Plan (SWIAMP), to the satisfaction of the Region, to identify and address any potential water quality and water quantity threats to the municipal groundwater supplies. The SWIAMP shall be prepared by a qualified professional, to the satisfaction of Regional Environmental Services staff in the Water Resources group. The SWIAMP must follow the York Region document Guidance for Proposed Developments in Wellhead Protection Areas In York Region (October 2014). A SWIAMP is required for any of the activities listed below if they will occur on the site for the storage or manufacture of: a) petroleum-based fuels and or solvents; b) pesticides, herbicides, fungicides or fertilizers; c) construction equipment; d) inorganic chemicals; e) road salt and contaminants as identified by the Province; f) the generation and storage of hazardous waste or liquid industrial waste, and waste disposal sites and facilities; g) organic soil conditioning sites and the storage and application of agricultural and non-agricultural source organic materials; and, h) snow storage and disposal facilities. If a SWIAMP is not required, a letter prepared by a qualified professional will be required in its place stating that the above noted activities will not be occurring. 13.20 Prior for final approval, the Owner shall provide a TDM communication strategy, to assist the Region and the Town of Whitchurch-Stouffville to effectively deliver the Information Packages and pre-loaded PRESTO Cards to new residents. This strategy shall also include a physical location for distribution of the Information Packages and pre-loaded PRESTO Cards. 13.21 Prior to final approval, the Owner shall provide a copy of the Subdivision Agreement to Community Planning and Development Services, outlining all applicable York Region requirements. 13.22 The Owner shall enter into an agreement with York Region, agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation; Regional Development Charges are payable in accordance with Regional Development Charges By-law in effect at the time that Regional development charges, or any part thereof, are payable. 13.23 The Regional Community Planning and Development Services Division shall advise that Conditions 13.1 to 13.22 have been satisfied.
14.0 Lake Simcoe Region Conservation Authority (LSRCA) 14.1 That prior to final plan approval and any major site alteration, the following shall be
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prepared to the satisfaction of the LSRCA and municipality: a) A detailed Stormwater Management Report in conformity with the Stormwater Management Master Plan approved under Strategic Action 4.5-SA of the Lake Simcoe Protection Plan, as well as the LSRCA Technical Guidelines for Stormwater Management Submissions (2016); b) A detailed overall erosion and sediment control plan; c) A detailed overall grading and drainage plan; d) A detailed landscaping plan for the proposed stormwater pond; e) A detailed geotechnical report for the proposed stormwater pond; f) A detailed Low Impact Design (LID) Report demonstrating the means to maximize the use of low impact development measures consistent with Policy 1.6.6.7 of the Provincial Policy Statement; and, g) A detailed phosphorus budget and water balance to address designated policy 4.8 (d) & (e) of the Lake Simcoe Protection Plan. 14.2 That prior to final plan approval, a detailed Hydrogeological Report shall be prepared to the satisfaction of the LSRCA and Town demonstrating how Land Use Policies 11, 12 and 13 of the South Georgian Bay Lake Simcoe Source Protection Plan have been addressed to our satisfaction. 14.3 That prior to final plan approval, the owner shall demonstrate that the downstream stormwater management outlet can effectively convey the proposed drainage and downstream features will not be negatively impacted by the proposed development through the completion of an erosion threshold analysis to the satisfaction of the LSRCA. 14.4 That prior to final plan approval, the Town shall provide written confirmation that they are willing to accept the drainage from the proposed stormwater management outlet onto their lands. 14.5 That prior to final plan approval, a detailed ecological offsetting strategy will be provided and implemented to the satisfaction of the LSRCA to compensate for the loss of woodland as a result of this development in accordance with the approved LSRCA Ecological Offsetting Plan. 14.6 That the Owner shall agree in the Subdivision Agreement to implement any improvements downstream to correct any impacts caused by this development. 14.7 That the Owner shall agree in the Subdivision Agreement to design and construct stormwater management facilities and ponds to the satisfaction of the Town and LSRCA. Should the final pond design require a larger pond size, necessary amendments (i.e. redline revisions) will be made to the Draft Plan of Sub division and implementing Zoning By-law. 14.8 That the Owner shall agree in the Subdivision Agreement to carry out or cause to be carried out the recommendations and requirements contained within the plans and reports as approved by the LSRCA.
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14.9 That the Owner shall agree in the Subdivision Agreement to retain a qualified professional to certify in writing that the works were constructed in accordance with the plans and reports as approved by the LSRCA. 14.10 That the Owner shall agree in the Subdivision Agreement to ensure that proper erosion and sediment control measures will be in place in accordance with the approved Grading and Drainage Plan, and Erosion and Sediment Control Plan prior to any sit e alteration or grading. 14.11 That the Owner shall agree in the Subdivision Agreement to maintain all existing vegetation up until a maximum of 30 days prior to any grading or construction on-site in accordance with 4.20b.-DP of the Lake Simcoe Protection Plan. 14.12 That the Owner shall agree in the Subdivision Agreement to grant any easements required for storm water management purposes to the Town. 14.13 That prior to final plan approval, the Owner shall pay all development fees to the LSRCA in accordance with the approved fees policy, under the Conservation Authorities Act.
15.0 Clearances (External and Internal to the Town) 15.1 Prior to release for registration of the Draft Plan, or any phase thereof, clearance letters, containing a brief statement detailing how conditions have been met, will be required from authorized agencies. The Owner Shall provide the Town with a summary indicating how each Draft Plan Condition was satisfied with the registration Plans package to the Town for review and concurrence.
16.0 Scoped List of Drawings, Reports and Studies required in support of the Plan to be submitted to the Town for record keeping, review and/or approvals as appropriate 16.1 • Soils/Geotechnical Report as per condition 1.19; • Engineering Drawings as per condition 1.16, 1.21 and 1.22; • Preliminary Servicing Study and Stormwater Management as per 1.23; • Neighbourhood Information Plan as per condition 1.24; • Phase One Environmental Site Assessment completed in full accordance with O.Reg. 153/04 as per condition 1.30; • Landscape Drawings as per condition 1.36; • Construction Management Plan as per condition 1.37; • Streetscape Plan as per condition 2.7; • Active Transportation Plan as per condition 2.9;
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• Traffic Impact Study as per condition 2.14; • Traffic Control Plan as per condition 2.16; • Architectural Control manual as per condition 8.1; • Composite Utility Plan as per condition 9.1; • Sustainability Handout as per condition 11.1; • MTO Reports and Studies as per condition 12.1, 12.2, 12.3; • Stormwater Management Report and all other documentation identified as per condition 14.1; • Hydrogeological Report as per condition 14.2; • Detailed Ecological Offsetting Strategy as per condition 14.5; and, • Grading and Drainage Plan and Erosion and Sediment Control Plan as per condition 14.10.
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Town of Whitchurch-Stouffville Council Report Item 6
Subject: Proposed Zoning By-law Amendment – Condor Properties Ltd., 11750 11782 Ninth Line, Community of Stouffville, File Nos. ZBA10.001 (D14)
Staff Report No. DS-007-18
Department: Development Services
Date: March 6, 2018
Recommendation:
1) That Council confirm that notwithstanding that the proposed Zoning By-law Amendment is different from that proposed at the April 24, 2014 Statutory Public Meeting and at the December 10, 2015 Public Information Centre, the revisions are minor in nature and that no further Statutory Public Meeting is required; and, 2) That Council enact By-law No. 2018-026-ZO to adopt the Zoning By-law Amendment and direct staff to issue a Notice of Passing.
1. Purpose:
The purpose of this report is to recommend approval of an application for a proposed Zoning By-law Amendment.
2. Executive Summary:
An application has been submitted by – CONDOR PROPERTIES LTD. for a Zoning By- law Amendment to support the proposed residential development that includes 246 units. Staff are also currently processing a Site Plan Application for the subject property.
The proposed development is 8-storeys in height and includes two buildings with 212 apartment units that are connected by a third-storey bridge. An additional 34 street townhouses are proposed along Ninth Line.
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On May 3, 2016, Town Council adopted Official Plan Amendment 141 that redesignated the subject property from Rural Area to Urban High Density Residential Area on Schedule F to the Community of Stouffville Secondary Plan. This OPA is not yet in effect due to appeals made to another Town Official Plan Amendment 137. This is described in detail in Section 4 of this Report.
The proposed Zoning By-law Amendment intends to rezone the property to a Residential New Five Zone with an exception and a portion to the Environmental zone. The proposed Zoning By-law Amendment conforms to the related Official Plan Amendment that was adopted by Town Council on May 3, 2016.
The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement and conforms to the Provincial, Regional and Town policies that are and will be in effect. In accordance with Section 24 of the Planning Act, Town Staff recommends that Council pass the proposed Zoning By-law Amendment.
3. Background:
3.1 Location & Site Characteristics The subject property is comprised of two lots that are municipally known as 11750 and 11782 Ninth Line. The subject property is located on the west side of Ninth Line between 19th Avenue and Hoover Park Drive. The property is approximately 200 metres north of the City of Markham municipal boundary. Attachment No. 1 to this report identifies the location of the subject property.
The subject property has an area of 2.42 hectares (5.98 acres) and has approximately 198.5 metres (651 feet) of frontage on Ninth Line. There is currently a paved driveway on the subject property and the temporary sales office structure is under construction.
Town and TRCA-owned woodlands and wetlands to the north, west and south surround the subject property. The woodland/wetlands area and Ninth Line isolate the subject property making it distinct and disconnected from neighbouring areas. As part of the processing of the application, the TRCA worked with the Town and the applicant to delineate the limit of development on the subject property. As a result, an area the size of 0.423 hectares (1.05 acres) along the north, west and south edges of the property will be conveyed to the TRCA.
Ninth Line (Regional Road 30) forms the east boundary of the subject property. The residential neighbourhood on the east side of Ninth Line is approximately 3 metres (10 feet) higher in elevation than Ninth Line and the subject property.
3.2 Development Overview The proposed residential development includes two eight-storey buildings that are connected by a bridge on the third-level that contains amenity space. In total, there are
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246 units being proposed with 123 units in each building. The table below provides a breakdown of the proposed units in each building.
Street Townhouses Apartment units (at grade along Ninth Line) Building A (North) 17 106 Building B (South) 17 106 Total 34 212
The street townhouse units being proposed along Ninth Line are two-storeys in height and are accessible by entrances provided at grade-level along a private sidewalk adjacent to Ninth Line. Front patios associated with each street townhouse unit are also provided at the new front lot line adjacent to Ninth Line. The Regional Municipality of York secured a road widening through the ongoing Site Plan Application process that adjusted the new front lot line.
The apartment units are located above the street townhouse units and are accessible internally in both buildings.
Below is a concept drawing of the elevation perspective from Ninth Line.
Figure 1: Elevation perspective from Ninth Line. One of the indoor amenity spaces is located on the third-level bridge that connects to the two buildings. A green roof outdoor terrace is also proposed along the third-level bridge. At grade outdoor amenity space is also provided at the rear of both buildings. The total amenity space provided for both buildings comprises 622 m2.
The proposed development will be serviced by municipal water and wastewater infrastructure.
The proposed development is accessed by a single driveway that is located between the two proposed buildings under the third-level link. Parking will be accommodated in a two-storey parking garage that is located behind the street townhouse units that front onto Ninth Line. The ramps to the second-storey of parking are accessed from the interior of the site. The proposed development includes 342 parking spaces accommodated in parking garage levels. In addition, there are 62 outdoor/at-grade parking spaces being proposed in the site plan.
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The proposed development also includes a landscaped buffer block that is adjacent to the area of land to be conveyed to the TRCA.
To implement the proposed development, the applicant has proposed site-specific zoning on the subject property. This is discussed below.
3.3 Proposed Zoning By-law Amendment The proposed Zoning By-law Amendment intends to place the proposed development in the Residential New Five – RN5 Zone with a site-specific exception. The lands to be conveyed to the TRCA are being proposed to be placed in the Environmental – ENV Zone.
The RN5 Zone permits apartment buildings, accessory uses, buildings, and structures, and parks. The proposed Zoning By-law Amendment intends to amend the RN5 Zone to permit townhouse dwellings and make the following changes to the existing RN5 regulations:
• Minimum Required Front Yard: 6 metres required, 2 metres requested; • Minimum Interior Side Yard: 6 metres required, 5 metres requested; • Maximum Building Height: 20 metres permitted, 27.5 metres requested; and, • Maximum Lot Coverage: 35% permitted, 41% requested.
In addition to the above, the proposed Zoning By-law Amendment includes a maximum net density of 120 units per hectare (calculation includes the lands to be conveyed to the TRCA as per Council Resolution for OPA 141) and includes relief from the encroachment requirements as identified in Section 3.22 of the Town’s Zoning By-law.
The proposed development has provided sufficient parking in accordance with the Town’s Zoning By-law.
With respect to the ENV Zone, the only permitted uses include fish, wildlife and forestry management as well as low intensity recreation uses and parks. The rezoning of the lands to be conveyed to the TRCA to the ENV Zone is consistent with the existing zoning that is applied to lands surrounding the subject property.
4.0 Applicable Provincial, Regional and Town Policies:
4.1 Official Plan Amendment 137 On April 15, 2014, Town Council adopted Official Plan Amendment 137 (OPA 137) to add new policies to the Town’s Official Plan with respect to growth management. OPA 137 also updated mapping in the Town’s Official Plan, specifically in the Community of Stouffville Secondary Plan. These mapping changes were primarily implemented on Schedule F – Land Use and Transportation Plan to the Community of Stouffville Secondary Plan. Following Town Council’s adoption, OPA 137 was provided to York Region for approval.
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On February 16, 2016, Town Council approved a number of requests to the Region of York to modify OPA 137 and these included:
• Modify the Towns and Villages Urban Serviced Area boundary to include the lands at 11750 and 11782 Ninth Line (applies to the subject property); • Defer the specific land use designations at 12785 Ninth Line; • Defer the approval of Section xxvi, amending existing Section 12.7.2.3 (i) pending the conclusion of the Community of Stouffville Places of Worship Study; and • Make a number of administrative adjustments and corrections to Schedule F – Land Use and Transportation Plan.
On June 23, 2016, the Region of York approved OPA 137, with modifications and deferrals. This Decision included bringing the subject property into the Urban Serviced Area on Schedule F of the Community of Stouffville Secondary Plan. Following the Region’s Decision, however, a number of appeals were lodged. Some of the appellants appealed the entirety of Schedule F and this means that it is not yet in effect and the previous Schedule F from 2011 remains in effect.
With respect to the subject property, the intent of OPA 137 was to bring the subject property into the Urban Serviced Area to implement and fully conform to the Region of York Official Plan, which indicates that the lands are within the Towns and Villages land use designation. Once OPA 137 is in effect, development of subject property would be in accordance with the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe Plan.
Once OPA 137 is in-effect, the proposed Zoning By-law Amendment would be consistent with the Provincial Policy Statement and in conformity with the Growth Plan. The proposed Zoning By-law Amendment is already in conformity with the York Region Official Plan.
4.2 Official Plan Amendment 141 The subject property is currently designated as Rural Area in the Community of Stouffville Secondary Plan. This designation only permits agriculture and other low intensity rural uses. However, as described above, the intent of OPA 137 as it applies to the subject property is to bring the subject property into the Urban Serviced Area.
On May 3, 2016, Town Council adopted Official Plan Amendment 141 (OPA 141) that redesignated the subject property from Rural Area to Urban High Density Residential Area on Schedule F to the Community of Stouffville Secondary Plan. Public comments were included in the May 3, 2016 report that were considered by Council prior to Council’s adoption of OPA 141. At the time that the OPA 141 application was made to the Town, the applicant did not request that this amendment be exempt from Regional approval. This meant that when Town Council adopted OPA 141, it still required subsequent Regional approval.
Page 5 of 7
Report No. DS-007-18 - Proposed Zoning By-law Amendment – Condor Propert...Page 154 of 226 Council Report March 6, 2018
At the time that Town Council adopted OPA 141, the Town anticipated that the Region would approve OPA 137, with modifications and deferrals, by the end of June 2016. As mentioned above, the Region approved OPA 137 on June 23, 2016, but that Decision was subsequently appealed to the Ontario Municipal Board.
Since some of the OPA 137 appeals included the entirety of Schedule F to the Community of Stouffville Secondary Plan, the Region has not been able to approve OPA 141 and the subject property has remained designated as Rural Area.
The next pre-hearing for OPA 137 will be held on March 7, 2018.
4.3 Section 24 of the Planning Act The applicant made a request to the Town to consider moving forward with the proposed Zoning By-law Amendment despite the associated OPA 137 and OPA 141 not yet being in force and effect. The applicant made this request in accordance with Section 24 of the Planning Act and this is discussed below.
Section 24(1) of the Planning Act requires by-laws to conform to the in-effect Official Plan and states that:
24 (1) Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith. R.S.O. 1990, c. P.13, s. 24 (1); 1999, c. 12, Sched. M, s. 24.
However, Section 24(2) indicates that when a Council has adopted an Official Plan Amendment that is not yet in effect that a by-law can be passed that would conform to the Official Plan Amendment once it comes into effect. Section 24(2) of the Planning Act reads:
(2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect. 2006, c. 23, s. 12.
Further to the above, Section 24(2.1) of the Planning Act indicates that the by-law would not come into effect until the time that the Official Plan Amendment comes into effect. Section 24(2.1) reads:
(2.1) A by-law referred to in subsection (2), (a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and (b) is of no force and effect, if the amendment to the official plan does not come into effect. 2006, c. 23, s. 12.
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Report No. DS-007-18 - Proposed Zoning By-law Amendment – Condor Propert...Page 155 of 226 Council Report March 6, 2018
On the basis of the above, the Council may pass the proposed Zoning By-law Amendment under Section 24 of the Planning Act. If Council does pass the proposed Zoning By-law Amendment, Town Staff will be required to meet the statutory Notice of Passage which requires that Notice be issued within 15 days of the Passing of the By- law. In addition, once the Notice has been circulated, the 20-day appeal period begins. However, if no appeals are received, the Zoning By-law will not come into effect until the time that OPA 137 and OPA 141 comes into effect, in accordance with Section 24(2.1)(b) of the Planning Act.
5. Recommendation:
Town staff are satisfied that the proposed Zoning By-law Amendment conforms to the Town Council adopted OPA 137 and OPA 141 and recommends that Council pass the proposed Zoning By-law Amendment and direct staff to prepare and issue the Notice of Passing of the By-law.
6. Financial Implications:
The issuance of Site Plan Approval for the two buildings and the passing of By-law No. 2018-026-ZO will not affect the 2018 Operating or Capital Budgets.
The Developer is responsible for all infrastructure work associated with the development of the land. The appropriate financial securities and insurance, etc. will be secured by the Municipality through the execution of the future site plan agreement.
7. Attachments:
1. Location Map
8. Related Reports:
1. June 24, 2015: Public Meeting Report – Proposed Application for Official Plan Amendment, Draft Plan of Subdivision, Amendment to Zoning By-law and Site Plan Approval. 2. May 3, 2016 – Official Plan Amendment, Zoning By-law Amendment & Site Plan Application.
For further information on this report, please contact Jessica Tijanic, Planner, Development Services at 905-640-1910 ext. 2235 or via email at [email protected]
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Report No. DS-007-18 - Proposed Zoning By-law Amendment – Condor Propert...Page 156 of 226 Hoover Park Drive
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Part of Lot 32(M), Concession 8 015 30 60 90 120 m Report No. DS-007-18File No. ZBA10.001 - Proposed Zoning By-law Amendment – Condor Propert...Page 157 of 226
Town of Whitchurch-Stouffville Council Report Item 7
Subject: Single Source Contract award - 1946 Fargo Restoration Project (V01)
Staff Report No. FR-004-18
Department: Fire and Emergency Services
Date: March 6, 2018
Recommendation:
1) That Council approve the single source contract award for the restoration of the Fire Department’s 1946 Fargo to the Rice Group for $64,300.00 plus HST; and
2) That Council authorize the Mayor and Clerk to sign all necessary documents between the Town of Whitchurch-Stouffville and the Rice Group for the restoration of the Fire Department’s 1946 Fargo.
1. Purpose:
The purpose of this report is to update Mayor and Council on the fire department’s 1946 Fargo restoration project and to seek authorization to award a single source contract to the Rice Group for restoration services.
2. Background:
The fire department’s 1946 Fargo fire engine was the workhorse of its time serving Stouffville from 1947 to the early 1970’s. This historic vehicle is housed at Station 51 and, until recently, was been a highlight at Town events, such as the Antique and Classic Car Show, the Santa Claus Parade and Canada Day Celebrations. Sadly, the Fargo has deteriorated to the point of no longer being road worthy.
In October 2007 council approved the creation of a Heritage Fund to be used for honoring and preserving the fire brigade’s history.
Report No. FR-004-18 - Single Source Contract award - 1946 Fargo Restora...Page 158 of 226 Council Report March 6, 2018
In 2010 the fund was used to purchase a bell for the new Weldon Road fire hall.
Over the last eight years, the Whitchurch-Stouffville Fire Department has run numerous fundraising events and has solicited donations from its community partners. Our goal was to raise $80,000.00 towards the restoration of the town’s 1946 Fargo. Fire department staff, along with Councillor Kroon, approached local businesses and community partners asking for donations towards this restoration project. The funds raised would be used to pay for the restoration as well as maintain and promote the Fargo’s history.
It is with great pleasure that we inform Mayor and Council that we have reached our fundraising goal and are now ready to move to the next phase of this project.
3. Analysis and Options:
During the spring of 2017 WSFES took delivery of it’s new aerial. With two aerials located at station 51 a temporary location was required for the Fargo. The Fargo was shrink wrapped and stored outside at the town operations center. This temporary storage location was not ideal for an antique fire truck but was the only option available at the time.
When Councillor Kroon heard we were storing our antique fire truck outside he asked Mr. Mike Rice if he had any available storage at his shop for this beautiful piece of history. Finding an indoor location that can store such a unique, classic, large vehicle can be challenging. Mr. Rice graciously offered us free storage at his shop in Gormley.
While in storage Mr. Larry Rice inquired about the Fargo’s maintenance program. Councillor Kroon took that opportunity to speak to both gentlemen about the fire department’s fundraising campaign and restoration plan. When Councillor Kroon asked if the Rice Group would be willing to make a donation they offered to donate a large portion of their time and expertise towards the restoration of this historic vehicle.
The Rice Group evaluated the Fargo and developed a refurbishing project work plan. Equipment modifications were recommended, and replacement parts were sourced.
A quote for refurbishing the Fargo was provided by the Rice Group. The Rice Group greatly discounted the labour cost estimated at a $20,000.00 savings as their donation towards refurbishing the Fargo. As one can imagine labour costs for this type of unique project can be as high if not higher than the price of parts. Built within the quote is a $6000.00 contingency fund to be used should the Town request changes. The project budget is estimated as follows:
Total Estimated Cost $78,300.00 Contribution ($20,000.00) Project Contingency $ 6,000.00 Total Contract Budget $64,300.00
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Report No. FR-004-18 - Single Source Contract award - 1946 Fargo Restora...Page 159 of 226 Council Report March 6, 2018
Staff feel that the quote provided by the Rice Group is more than fair and well below what would be quoted in open market.
Now that the funds are secure, the fire department is ready to move to the next phase of this restoration project. Staff are seeking authorization from Council to use the funds raised in order to purchase restoration services from the “Rice Group” of Stouffville, Ontario.
4. Financial Implications:
Funding for this project was obtained from citizen donations, community sponsors and fundraising events. Currently there is just over $80,000.00 in the Heritage fund.
There is no impact on the 2018 Budget. Funds remaining after the restoration will be used for promotions, signage and maintenance of the Fargo.
5. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
1. Community Prosperity and Sustainability Balanced growth, environmental protection, economic development, tourism, community character and identity
1.1 Preserve and enhance community rural/urban character, beauty and heritage 1.6 Corporate marketing and branding
6. Attachments:
None
7. Related Reports:
October 2, 2007 – Fire & Emergency Services Fire Station Vision & Work Plan (C10-FR & P03)
May 19, 2009 – Heritage Fund Raising Campaign & Purchase of Bell Tower Clock (A19)
For further information on this report, please contact Richard Renaud, Fire Chief at 905-640-9595 ext. 6225 or via email at [email protected]
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Report No. FR-004-18 - Single Source Contract award - 1946 Fargo Restora...Page 160 of 226
Town of Whitchurch-Stouffville Council Report Item 8
Subject: Naloxone Kit Replacement Program Agreement with Region of York (P03)
Staff Report No. FR-003-18
Department: Fire and Emergency Services
Date: March 6, 2018
Recommendation:
1) That Council approve entering into an agreement with the York Region for the replacement of used Naloxone kits; and
2) That the Agreement be finalized to the satisfaction of the CAO and Town Solicitor; and
3) That Mayor and Clerk be authorized to sign the agreement between the York Region and the Town of Whitchurch-Stouffville.
1. Purpose:
The purpose of this report is to advise Council of the expansion of York Region’s Harm Reduction Program and to obtain authorization to enter into an agreement with York Region for the replacement of used Naloxone Kits.
2. Background:
The opioid crisis in Canada is putting increased pressure on the health care system and endangering first responders. Opioids such as fentanyl, oxycodone, morphine, codeine and heroin are often prescribed to treat pain, but some people use opioids to get high. Opioids are highly additive, they create a feeling of euphoria, and can be deadly.
Report No. FR-003-18 - Naloxone Kit Replacement Program Agreement with PageR... 161 of 226 Council Report March 6, 2018
Naloxone
Naloxone (pronounced na-LOX-own, also known by the brand name Narcan) is a drug that can temporarily reverse an opioid overdose.
On December 7, 2017 Dr. Eric Hoskins, Minister of Health and Long-Term Care, and Marie-France Lalonde, Minister of Community Safety and Correctional Services, were joined by Dr. David Williams, Chief Medical Officer of Health and Provincial Overdose Coordinator, and Dr. Dirk Huyer, Chief Coroner for Ontario to announce the expansion of the Ontario Naloxone Program to police and fire services.
Eligibility
Eligible fire services include all fulltime, composite, volunteer, and northern fire departments as well as First Nation fire services. Fire services are eligible to receive two Naloxone kits for each of their vehicles for use in their role as first responders.
Reporting Requirements
Enrolled fire services will be required to report quarterly to their local public health unit using a standardized form on the use of Naloxone in their service.
Regional Council
Regional Council, through adoption of Clause 14 Report No. 13 of the Committee of the Whole, authorized the expansion of the Region’s Harm Reduction Program to support local opioid response initiatives, including distribution of Naloxone kits to eligible community organizations and service providers, as well as a development of a system for early warning and surveillance of opioid overdoses in York Region.
Records and Data Collection
The fire service shall maintain and submit to the Region information and statistics regarding the administration of Naloxone. The applicable forms set out in the agreement shall be used when submitting to the Region.
3. Analysis and Options:
Whitchurch-Stouffville Fire and Emergency Services staff were trained on how to use Naloxone kits during the summer of 2016. Naloxone kits were purchased and placed on both front-line engines and aerial.
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Report No. FR-003-18 - Naloxone Kit Replacement Program Agreement with PageR... 162 of 226 Council Report March 6, 2018
4. Financial Implications:
Nasal spray kits range from $100.00 to $120.00 per kit.
The province will not reimburse fire services for Naloxone kits previously procured. However, fire services that have already procured Naloxone are eligible to apply to the program to receive new supplies of Naloxone as needed.
5. Alignment with Strategic Plan:
This report is aligned with the Town’s Strategic Plan in the following manner:
2. Fiscal and Asset Management As stewards of the public trust, manage the Town’s resources in a fiscally responsible manner, promote partnership opportunities and advance Town interests
2.1 Reduce costs
2.5 Promote inter-government relations and local government advocacy
3. Service Excellence & Community Engagement High quality, citizen-centred services, responsive to the needs of informed and involved citizens
3.2 Priority to core services and optimum service levels
4. Quality of Life Encompasses community safety, diversity, promoting healthy lifestyles, leisure and culture; complements community prosperity and sustainability
4.1 Develop and maintain effective community health and safety services 4.2 Enhance public safety through collaboration
6. Attachments: None
7. Related Reports: None
For further information on this report, please contact Richard Renaud, Fire Chief at 905-640-9595 ext. 6225 or via email at [email protected]
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Report No. FR-003-18 - Naloxone Kit Replacement Program Agreement with PageR... 163 of 226
Town of Whitchurch-Stouffville Council Memorandum Item 9
To: Mayor Altmann and Members of Council
From: Haiqing Xu, Deputy Director, Development Services
Copy: Roman Martiuk, CAO Gillian Angus-Traill, Clerk
Date: Monday, February 26, 2018
Subject: Correspondence from Township of King Regarding Request to the Ministry of Transportation (MTO) to Expedite the Design and Construction of the Highway 400 - 404 Connecting Link
The connection between Highway 400 and Highway 404, as suggested in the Township of King’s Council Resolution, is also known as the “Bradford Bypass”. The proposed route is in East Gwillimbury of York Region and Bradford and West Gwillimbury of Simcoe County.
The Bypass was first initiated in later 1990s by the Ministry of Transportation through a highway class environmental assessment, which was approved in 2002 under the Environmental Assessment Act. It has been conceptually delineated in York Region’s Official Plan. The proposed connection, however, was not endorsed by the Province. After renewed efforts by the affected municipalities, the Province has recently included this connection in the updated Growth Plan for the Greater Golden Horseshoe (2017).
The proposed connection does not directly affect the Town of Whitchurch-Stouffville. Indirectly, however, it will help improve the accessibility and visibility of Gormley and Vandorf-Preston Lake areas where the Town is planning to accommodate nearly 5,000 jobs by 2041.
It is, therefore, recommended that the Township of King Council Resolution, dated February 5, 2018, regarding the Highway 400 - 404 connecting link be supported.
Correspondence from Township of King, re: Request to the Ministry of Tra...Page 164 of 226 King Township Phone: 905.833.5321 2075 King Road Fa x: 905.833.2300 King City, Ontario Website: www.king.ca )(ING Canada L7B 1A1
February 8, 2018
Honourable Kathryn McGarry, Minister Ministry of Transportation Queen's Park/Minister's Office 77 Wellesley Street West, Ferguson Block, 3rd Floor Toronto, ON M7A 128
Honourable Madam,
Re: Township of King Resolution - Re: Request to the Ministry of Transportation (MTO) to Expedite the Design and Construction of the Highway 400 - 404 Connecting Link
1 At the Council Meeting of February 5 h, 2018, Council received and unanimously supported a Resolution regarding the design and construction of the Highway 400 - 404 connecting link.
Council of the Township of King formally requests that the Ministry of Transportation endorse and convey support of the following Resolution and with further intent to enter into discussions:
"WHEREAS municipalities surrounding the Township of King are all experiencing rapid and extensive growth resulting in increased volumes of traffic; and
WHEREAS a well-connected road network between Simcoe County and York Region with multiple route options is necessary for movement of goods, safety and ease of mobility; and
WHEREAS the roads system for the area is not designed to carry the extra traffic generated by the population growth in the surrounding municipalities, and much of the traffic is from outside of King traveling through the Township in order to access main arteries such as Regional Road #27, Regional Road #11 (Highway 11 ), and Provincial Highway #400; and
WHEREAS Highway 11 through King Township gets a high volume of traffic destined for East Gwillimbury and Bradford West Gwillimbury and provides the only high capacity link between these communities from Davis Drive (Highway 9) to north of Lake Simcoe; and
WHEREAS poor weather cond itions, road maintenance, traffic congestion and collisions can result in significant delays and closure of this high capacity link with no feasible detour route in reasonable proximity; and
WHEREAS produce from the Holland Marsh (the 'Marsh') region is being transported to the distribution centre(s) for the big chain stores and must arrive by a certain time and be time-checked, road delays could result in the farming community in King Township being penalized financially for 'arriving late' as timely movement of goods and services is crucial to the bottom line of the Marsh's agri-food businesses, and
WHEREAS as a result of traffic delays/disruptions along Highway #9 , Highway #400 and Highway 11 , commuters are often rerouted through the northern region of King Township (the Marsh),
Correspondence from Township of King, re: Request to the Ministry of Tra...Page 165 of 226 MTO - Design and Construction of Highway 400-404 Link
which at certain times of the year, spring planting, fall harvest and the growing season in between, is affecting the safety of our roads, our residents and our farming community;
THEREFORE, BE IT RESOLVED THAT:
As traffic patterns have changed and traffic loads through King Township have significantly grown since 2007, the Council of the Township of King requests;
THAT the Ministry of Transportation be requested to expedite the design and construction of the Highway 400-404 Connecting Link to provide needed traffic capacity, and improve traffic connectivity and flow; and
THAT the Regional Municipality of York and the County of Simcoe be respectfully requested to review further options to improve easUwest and north/south connectivity; and
THAT the Regional Municipality of York complete a comprehensive review of the recently constructed Bathurst StreeUHighway 11/Holland Landing intersection configuration to better improve traffic flow, reduce excessive queuing, improve safety, reduce future road maintenance costs; and
THAT Council direct the Township Clerk to forward a copy of this Resolution to the Ministry of Transportation and the local Members of Provincial Parliament;
AND FURTHER THAT a copy of this resolution be forwarded to the Regional Municipality of York, the County of Simcoe, the Town of East Gwillimbury, the Town of Bradford West Gwillimbury; the Town of Georgina, the Town of Aurora, the Town of Newmarket, the Town of Whitchurch-Stouffville seeking their consideration and support."
Respectfully submitted,
"/'< I I ~ttlti I l Kathryn Moyle 1: Director of Clerks/By-layV Enforcement Township Clerk J
c.c. Helena Jaczek, MPP (Oak Ridges - Markham) Julia Munro - MPP (York-Simcoe) Chris Raynor, Regional Clerk, Regional Municipality of York John Daly, County Clerk, County of Simcoe Fernando Lamanna, Clerk, Town of East Gwillimbury Rebecca Murphy, Clerk, Town of Bradford West Gwillimbury John Espinosa, Clerk, Town of Georgina Michael De Rond , Clerk, Town of Aurora Lisa Lyons, Clerk, Town of Newmarket Gillian Angus-Traill, Clerk, Town of Whitchurch-Stouffville Councillor Avia Eek, Ward 6, Township of King
Page 2 of2
Correspondence from Township of King, re: Request to the Ministry of Tra... Page 166 of 226
THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-023-AP
BEING A BY-LAW to authorize the appointing of Building Officials for the purpose of enforcing the Building Code Act and to repeal By-law 2012-005-AP
WHEREAS Section 3(2) of the Building Code Act, S.O. 1992, C.23, as amended, states that the Council of a municipality shall appoint a Chief Building Official and such Building Inspectors [Officials] as are necessary for the enforcement of this Act within the Town of Whitchurch-Stouffville; and
WHEREAS Section 1.1(6) of the Building Code Act, S.O. 1992, C.23, as amended, states that the role of the Chief Building Official is to co-ordinate, establish operational policies, oversee, exercise powers and perform duties in accordance with the standards and qualifications established, for the enforcement of this Act and the [Ontario] Building Code; and
WHEREAS Section 22(2) of the Building Code Act, S.O. 1992, C.23, as amended, states that the Chief Building Official may exercise any powers and perform any duties of a Building Inspector [Official], in accordance with the standards and qualifications established, for the enforcement of this Act and the [Ontario] Building Code; and
WHEREAS Section 1.1(7) of the Building Code Act, S.O. 1992, C.23, as amended, states that the role of the Building Inspector [Official] is to review plans, inspect construction, exercise powers and perform duties in accordance with the standards and qualifications established, for the enforcement of this Act and the [Ontario] Building Code.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That the person listed on Schedule “A” to this By-law is hereby appointed as Chief Building Official for the Town of Whitchurch-Stouffville; and
2. That the person(s) listed on Schedule “B” to this By-law may be designated by the Chief Building Official to perform the duties and exercise the powers as the acting Chief Building Official in their absence; and
3. That the persons found on Schedule "C" to this By-law are hereby appointed Inspectors [Building Officials] for the Town of Whitchurch-Stouffville to perform the duties under the [Ontario] Building Code Act and Regulations made thereunder; and
4. That the Clerk of the Town of Whitchurch-Stouffville shall issue a certificate of appointment or authorization to the Chief Building Official and to each Inspector appointed by Council of the Town of Whitchurch-Stouffville to enforce the [Ontario] Building Code Act and Regulations made thereunder; and
5. That this Appointment By-Law 2018-023-AP shall come into full force and effect as of March 6th, 2018; and
6. That Appointment By-law 2012-005-AP is hereby repealed.
2018-023-AP being a by-law to authorize the appointing of Building Offic... Page 167 of 226 By-law 2018-023-AP Page 2 of 5
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
2018-023-AP being a by-law to authorize the appointing of Building Offic... Page 168 of 226 By-law 2018-023-AP Page 3 of 5
SCHEDULE “A”
TO BY-LAW 2018-023-AP
Person appointed as Chief Building Official for the Town of Whitchurch-Stouffville with respect to their eligibility as established by the Ministry of Municipal Affairs and Housing;
ANDREW JURRIUS
2018-023-AP being a by-law to authorize the appointing of Building Offic... Page 169 of 226 By-law 2018-023-AP Page 4 of 5
SCHEDULE “B”
TO BY-LAW 2018-023-AP
List of Building Officials appointed to act as the Chief Building Official when the Chief Building Official is absent. Eligibility is established by their respective qualification with Ministry of Municipal Affairs and Housing (succession shall be exhausted in descending order);
BUJAR MULLA
REINHOLD KULMANN
SALVATORE BARONE
REED RUSSELL
2018-023-AP being a by-law to authorize the appointing of Building Offic... Page 170 of 226 By-law 2018-023-AP Page 5 of 5
SCHEDULE “C”
TO BY-LAW 2018-023-AP
List of Building Officials appointed with respect to their area of practice as established by the Ministry of Municipal Affairs and Housing for each defined category of qualification;
BUJAR MULLA
REINHOLD KULMANN
JASON DENT
SALVATORE BARONE
REED RUSSELL
MATEO MIRBASHIRI
JEFF HARMAN
KAMIL BURDYNA
2018-023-AP being a by-law to authorize the appointing of Building Offic... Page 171 of 226
THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-024-RD
BEING A BY-LAW to provide for the numbering of buildings along highways and for affixing numbers to the buildings (Noah’s Farm Trail, Clarinet Lane, Drum Street, Trumpet Street, Flute Street, Forsyth Farm Drive and Greenwood Road) and to repeal By-laws 2017-114-RD and 2016-142-RD
WHEREAS Council enacted By-Laws 2017-114-RD and 2016-142-RD, assigning numbers for buildings along highways shown on Registered Plan 65M-4459; and
WHEREAS it is deemed necessary to amend some of the building numbers assigned by By-Laws 2017-114-RD and 2016-142-RD.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That numbers for the buildings situated along the highways shown on Registered Plan 65M-4459 are hereby assigned as set out in Schedule A attached hereto and forming part of this By-Law with Lot, Block and Unit Numbers shown in Column 1, the Registered Plan Number in Column 2, Street Names in Column 3 and the assigned Building Numbers on Column 4; and
2. That it shall be the obligation of the owners or occupants of the buildings listed in Schedule A to affix the numbers of the buildings, at a location that is satisfactory to the Fire Department, in accordance with Schedule A; and
3. That due to a street number change, Block 130-4, Plan 65M-4459 is now 16 Flute Street; and
4. That By-Laws 2017-114-RD and 2016-142-RD are hereby repealed.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
2018-024-RD being a by-law to provide for the numbering of buildings alo... Page 172 of 226 By-law 2018-024-RD Page 2 of 6
SCHEDULE A
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 1 65M-4459 Noah's Farm Trail 10 Lot 2 " Noah's Farm Trail 6 Lot 3 " Noah's Farm Trail 2 Lot 4 " Clarinet Lane 14 Lot 5 " Clarinet Lane 10 Lot 6 " Clarinet Lane 6 Lot 7 " Clarinet Lane 2 Lot 8 " Clarinet Lane 1 Lot 9 " Clarinet Lane 5 Lot 10 " Greenwood Road 217 Lot 11 " Drum Street 36 Lot 12 " Drum Street 40 Lot 13 " Drum Street 50 Lot 14 " Drum Street 56 Lot 15 " Drum Street 64 Lot 16 " Drum Street 70 Lot 17 " Trumpet Street 38 Lot 18 " Trumpet Street 6 Lot 19 " Trumpet Street 2 Lot 20 " Trumpet Street 3 Lot 21 " Trumpet Street 7 Lot 22 " Trumpet Street 11 Lot 23 " Trumpet Street 21 Lot 24 " Trumpet Street 29 Lot 25 " Trumpet Street 35 Lot 26 " Trumpet Street 39 Lot 27 " Flute Street 47 Lot 28 " Flute Street 39 Lot 29 " Flute Street 31 Lot 30 " Flute Street 25 Lot 31 " Flute Street 15 Lot 32 " Flute Street 9 Lot 33 " Flute Street 5
2018-024-RD being a by-law to provide for the numbering of buildings alo... Page 173 of 226 By-law 2018-024-RD Page 3 of 6
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 34 65M-4459 Flute Street 1 Lot 35 " Forsyth Farm Drive 476 Lot 36 " Forsyth Farm Drive 480 Lot 37 " Forsyth Farm Drive 484 Lot 38 " Forsyth Farm Drive 488 Lot 39 " Forsyth Farm Drive 492 Lot 40 " Noah's Farm Trail 139 Lot 41 " Noah's Farm Trail 135 Lot 42 " Noah's Farm Trail 131 Lot 43 " Noah's Farm Trail 127 Lot 44 " Noah's Farm Trail 123 Lot 45 " Noah's Farm Trail 119 Lot 46 " Noah's Farm Trail 115 Lot 47 " Noah's Farm Trail 111 Lot 48 " Noah's Farm Trail 107 Lot 49 " Noah's Farm Trail 103 Lot 50 " Noah's Farm Trail 99 Lot 51 " Noah's Farm Trail 95 Lot 52 “ Noah's Farm Trail 91 Lot 53 " Noah's Farm Trail 87 Lot 54 " Noah's Farm Trail 83 Lot 55 " Noah's Farm Trail 79 Lot 56 " Noah's Farm Trail 75 Lot 57 " Noah's Farm Trail 71 Lot 58 " Noah's Farm Trail 67 Lot 59 " Noah's Farm Trail 63 Lot 60 " Noah's Farm Trail 59 Lot 61 " Noah's Farm Trail 55 Lot 62 " Noah's Farm Trail 51 Lot 63 " Noah's Farm Trail 47 Lot 64 " Noah's Farm Trail 43 Lot 65 " Noah's Farm Trail 39 Lot 66 " Noah's Farm Trail 35 Lot 67 " Noah's Farm Trail 31 Lot 68 " Noah's Farm Trail 27 Lot 69 " Noah's Farm Trail 23 Lot 70 " Noah's Farm Trail 19
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 71 65M-4459 Noah's Farm Trail 15 Lot 72 " Noah's Farm Trail 9 Lot 73 " Noah's Farm Trail 5 Lot 74 " Noah's Farm Trail 1 Lot 75 " Greenwood Road 139 Lot 76 " Greenwood Road 135 Lot 77 " Greenwood Road 131 Lot 78 " Greenwood Road 127 Lot 79 " Greenwood Road 112 Lot 80 " Greenwood Road 116 Lot 81 " Greenwood Road 120 Lot 82 " Greenwood Road 124 Lot 83 " Greenwood Road 128 Lot 84 " Greenwood Road 132 Lot 85 " Greenwood Road 136 Lot 86 " Greenwood Road 140 Lot 87 " Greenwood Road 144 Lot 88 " Greenwood Road 148 Lot 89 " Greenwood Road 152 Lot 90 " Greenwood Road 156 Lot 91 " Greenwood Road 160 Lot 92 " Greenwood Road 164 Lot 93 " Greenwood Road 168 Lot 94 " Greenwood Road 172 Lot 95 " Greenwood Road 176 Lot 96 " Greenwood Road 180 Lot 97 " Greenwood Road 184 Lot 98 " Greenwood Road 188 Lot 99 " Greenwood Road 194 Lot 100 " Greenwood Road 196 Lot 101 " Greenwood Road 200 Lot 102 " Greenwood Road 204 Lot 103 " Greenwood Road 208 Lot 104 “ Greenwood Road 212 Lot 105 " Greenwood Road 216 Lot 106 " Greenwood Road 220 Lot 107 " Greenwood Road 222
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 108 65M-4459 Greenwood Road 228 Lot 109 " Greenwood Road 232 Lot 110 " Greenwood Road 236 Lot 111 " Greenwood Road 240 Lot 112 " Greenwood Road 244 Lot 113 " Greenwood Road 248 Lot 114 " Greenwood Road 256 Lot 115 " Greenwood Road 260 Lot 116 " Greenwood Road 264 Lot 117 " Greenwood Road 268 Lot 118 " Greenwood Road 272 Lot 119 " Greenwood Road 276 Lot 120 " Greenwood Road 280 Lot 121 " Greenwood Road 284 Lot 122 " Greenwood Road 288 Lot 123 " Greenwood Road 292 Lot 124 " Greenwood Road 296 Lot 125 " Greenwood Road 300 Lot 126 " Greenwood Road 304 Lot 127 " Greenwood Road 308 Block 128-1 " Noah's Farm Trail 174 Block 128-2 " Noah's Farm Trail 178 Block 128-3 " Noah's Farm Trail 182 Block 128-4 " Noah's Farm Trail 186 Block 128-5 " Noah's Farm Trail 190 Block 128-6 " Noah's Farm Trail 194 Block 128-7 " Noah's Farm Trail 198 Block 129-1 " Noah's Farm Trail 142 Block 129-2 " Noah's Farm Trail 146 Block 129-3 " Noah's Farm Trail 150 Block 129-4 " Noah's Farm Trail 154 Block 129-5 " Noah's Farm Trail 158 Block 129-6 " Noah's Farm Trail 162 Block 129-7 " Noah's Farm Trail 166 Block 129-8 " Noah's Farm Trail 170 Block 130-1 " Flute Street 2 Block 130-2 " Flute Street 6
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Block 130-3 65M-4459 Flute Street 10 Block 130-4 " Flute Street 16 Block 130-5 " Flute Street 18 Block 130-6 " Flute Street 22 Block 130-7 " Flute Street 26 Block 131-1 " Flute Street 30 Block 131-2 " Flute Street 34 Block 131-3 " Flute Street 38 Block 131-4 " Flute Street 42 Block 131-5 " Flute Street 46 Block 131-6 " Flute Street 50 Block 132-1 “ Trumpet Street 10 Block 132-2 " Trumpet Street 14 Block 132-3 " Trumpet Street 18 Block 132-4 " Trumpet Street 22 Block 132-5 " Trumpet Street 26 Block 132-6 " Trumpet Street 30 Block 132-7 " Trumpet Street 34 Block 133-1 " Drum Street 35 Block 133-2 " Drum Street 39 Block 133-3 " Drum Street 43 Block 133-4 " Drum Street 47 Block 133-5 " Drum Street 51 Block 134-1 " Drum Street 55 Block 134-2 " Drum Street 59 Block 134-3 " Drum Street 63 Block 134-4 " Drum Street 67 Block 134-5 " Drum Street 71 Block 135-1 " Clarinet Lane 31 Block 135-2 " Clarinet Lane 27 Block 135-3 " Clarinet Lane 23 Block 135-4 " Clarinet Lane 19 Block 135-5 " Clarinet Lane 15 Block 135-6 " Clarinet Lane 9 Lot 138 “ Greenwood Road 312 Lot 139 “ Greenwood Road 316
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-025-RD
BEING A BY-LAW to provide for the numbering of buildings along highways and for affixing numbers to the buildings (Horsedreamer Lane, Firbank Lane, Hoppington Avenue, Mantle Avenue and Sunnyridge Avenue) and repeal By-law 2006-167-RD
WHEREAS Council enacted By-Law 2006-167-RD assigning numbers for buildings along highways shown on Registered Plan 65M-3915; and
WHEREAS it is deemed necessary to amend some of the building numbers assigned by By-Law 2006-167-RD.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That numbers for the buildings situated along the highways shown on Registered Plan 65M-3915 are hereby assigned as set out in Schedule A attached hereto and forming part of this By-Law with Lot, Block and Unit Numbers shown in Column 1, the Registered Plan Number in Column 2, Street Names in Column 3 and the assigned Building Numbers on Column 4; and
2. That it shall be the obligation of the owners or occupants of the buildings listed in Schedule A to affix the numbers of the buildings, at a location that is satisfactory to the Fire Department, in accordance with Schedule A; and
3. That due to a street number change, Lot 47, Plan 65M-3915 is now 126 Firbank Avenue; and
4. That By-Law 2006-167-RD is hereby repealed.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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SCHEDULE A
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 1 65M-3915 Horsedreamer Lane 3 Lot 2 " Horsedreamer Lane 7 Lot 3 " Horsedreamer Lane 11 Lot 4 " Horsedreamer Lane 15 Lot 5 " Horsedreamer Lane 19 Lot 6 " Horsedreamer Lane 23 Lot 7 " Horsedreamer Lane 27 Lot 8 " Horsedreamer Lane 31 Lot 9 " Horsedreamer Lane 35 Lot 10 " Horsedreamer Lane 39 Lot 11 " Horsedreamer Lane 43 Lot 12 " Horsedreamer Lane 47 Lot 13 " Horsedreamer Lane 51 Lot 14 " Horsedreamer Lane 55 Lot 15 " Horsedreamer Lane 59 Lot 16 " Horsedreamer Lane 63 Lot 17 " Horsedreamer Lane 67 Lot 18 " Horsedreamer Lane 71 Lot 19 " Horsedreamer Lane 75 Lot 20 " Horsedreamer Lane 79 Lot 21 " Horsedreamer Lane 83 Lot 22 " Horsedreamer Lane 87 Lot 23 " Horsedreamer Lane 91 Lot 24 " Horsedreamer Lane 95 Lot 25 " Horsedreamer Lane 99 Lot 26 " Horsedreamer Lane 103 Lot 27 " Horsedreamer Lane 107 Lot 28 " Horsedreamer Lane 111 Lot 29 " Horsedreamer Lane 115 Lot 30 " Horsedreamer Lane 119 Lot 31 " Horsedreamer Lane 90 Lot 32 " Horsedreamer Lane 86 Lot 33 " Horsedreamer Lane 82
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 34 65M-3915 Horsedreamer Lane 78 Lot 35 “ Horsedreamer Lane 74 Lot 36 " Horsedreamer Lane 70 Lot 37 " Horsedreamer Lane 66 Lot 38 " Horsedreamer Lane 62 Lot 39 " Horsedreamer Lane 58 Lot 40 " Horsedreamer Lane 54 Lot 41 " Horsedreamer Lane 50 Lot 42 " Horsedreamer Lane 38 Lot 43 " Horsedreamer Lane 34 Lot 44 " Horsedreamer Lane 30 Lot 45 " Horsedreamer Lane 26 Lot 46 " Firbank Lane 128 Lot 47 " Firbank Lane 126 Lot 48 " Firbank Lane 120 Lot 49 " Firbank Lane 116 Lot 50 " Firbank Lane 112 Lot 51 " Firbank Lane 108 Lot 52 " Firbank Lane 104 Lot 53 " Firbank Lane 100 Lot 54 " Hoppington Avenue 98 Lot 55 " Hoppington Avenue 94 Lot 56 " Hoppington Avenue 90 Lot 57 " Hoppington Avenue 86 Lot 58 " Hoppington Avenue 82 Lot 59 " Hoppington Avenue 78 Lot 60 " Hoppington Avenue 74 Lot 61 " Hoppington Avenue 70 Lot 62 " Hoppington Avenue 64 Lot 63 " Hoppington Avenue 60 Lot 64 " Hoppington Avenue 56 Lot 65 " Hoppington Avenue 52 Lot 66 " Hoppington Avenue 48 Lot 67 " Hoppington Avenue 44 Lot 68 " Hoppington Avenue 38 Lot 69 " Hoppington Avenue 34 Lot 70 " Hoppington Avenue 30
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 71 65M-3915 Hoppington Avenue 26 Lot 72 “ Hoppington Avenue 22 Lot 73R “ Hoppington Avenue 71 Lot 73L “ Hoppington Avenue 69 Lot 74R “ Hoppington Avenue 65 Lot 74L “ Hoppington Avenue 63 Lot 75R “ Hoppington Avenue 59 Lot 75L “ Hoppington Avenue 57 Lot 76R “ Hoppington Avenue 53 Lot 76L “ Hoppington Avenue 51 Lot 77R “ Hoppington Avenue 47 Lot 77L “ Hoppington Avenue 45 Lot 78R “ Hoppington Avenue 41 Lot 78L “ Hoppington Avenue 39 Lot 79R “ Hoppington Avenue 35 Lot 79L “ Hoppington Avenue 33 Lot 80R “ Hoppington Avenue 29 Lot 80L “ Hoppington Avenue 27 Lot 81R “ Hoppington Avenue 23 Lot 81L “ Hoppington Avenue 21 Lot 82 “ Mantle Avenue 217 Lot 83 “ Mantle Avenue 213 Lot 84 “ Mantle Avenue 209 Lot 85 “ Mantle Avenue 205 Lot 86 “ Mantle Avenue 201 Lot 87R “ Firbank Lane 23 Lot 87L “ Firbank Lane 21 Lot 88R “ Firbank Lane 17 Lot 88L “ Firbank Lane 15 Lot 89R “ Firbank Lane 11 Lot 89L “ Firbank Lane 9 Lot 90R “ Firbank Lane 5 Lot 90L “ Firbank Lane 3 Lot 91 “ Mantle Avenue 229 Lot 92 “ Mantle Avenue 233 Lot 93 “ Mantle Avenue 237 Lot 94 “ Mantle Avenue 241
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 95 65M-3915 Mantle Avenue 245 Lot 96 “ Mantle Avenue 249 Lot 97 “ Mantle Avenue 253 Lot 98 “ Mantle Avenue 257 Lot 99 “ Mantle Avenue 261 Lot 100 “ Sunnyridge Avenue 98 Lot 101 “ Sunnyridge Avenue 94 Lot 102 “ Sunnyridge Avenue 90 Lot 103 “ Sunnyridge Avenue 86 Lot 104 “ Sunnyridge Avenue 82 Lot 105 “ Sunnyridge Avenue 78 Lot 106 “ Sunnyridge Avenue 74 Lot 107 “ Sunnyridge Avenue 70 Lot 108 “ Sunnyridge Avenue 66 Lot 109 “ Sunnyridge Avenue 62 Lot 110 “ Sunnyridge Avenue 58 Lot 111 “ Sunnyridge Avenue 54 Lot 112 “ Sunnyridge Avenue 50 Lot 113 “ Sunnyridge Avenue 46 Lot 114 “ Sunnyridge Avenue 42 Lot 115 “ Sunnyridge Avenue 38 Lot 116 “ Sunnyridge Avenue 34 Lot 117 “ Sunnyridge Avenue 30 Lot 118 “ Sunnyridge Avenue 26 Lot 119 “ Sunnyridge Avenue 22 Lot 120 “ Sunnyridge Avenue 18 Lot 121 “ Sunnyridge Avenue 16 Lot 122 “ Sunnyridge Avenue 10 Lot 123 “ Sunnyridge Avenue 6 Lot 124 “ Sunnyridge Avenue 2 Lot 125 “ Horsedreamer Lane 2 Lot 126 “ Horsedreamer Lane 6 Lot 127 “ Horsedreamer Lane 10 Lot 128 " Firbank Lane 117 Lot 129 " Firbank Lane 113 Lot 130 " Firbank Lane 109 Lot 131 " Firbank Lane 105
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Lot 132 65M-3915 Firbank Lane 101 Lot 133 “ Mantle Avenue 200 Lot 134 " Mantle Avenue 204 Lot 135 " Mantle Avenue 208 Lot 136 " Mantle Avenue 212 Lot 137 " Mantle Avenue 216 Lot 138 " Mantle Avenue 220 Lot 139 " Mantle Avenue 224 Lot 140 “ Mantle Avenue 226 Lot 141 “ Mantle Avenue 230 Lot 142 “ Mantle Avenue 234 Lot 143 “ Mantle Avenue 238 Lot 144 “ Mantle Avenue 242 Lot 145 “ Mantle Avenue 246 Lot 146 “ Mantle Avenue 250 Lot 147 “ Mantle Avenue 254 Lot 148 “ Mantle Avenue 258 Lot 149 “ Sunnyridge Avenue 120 Lot 150 “ Sunnyridge Avenue 124 Lot 151 “ Sunnyridge Avenue 127 Lot 152 “ Sunnyridge Avenue 123 Lot 153 “ Sunnyridge Avenue 99 Block 154-1 “ Firbank Lane 74 Block 154-2 “ Firbank Lane 78 Block 154-3 “ Firbank Lane 82 Block 154-4 “ Firbank Lane 86 Block 155-1 “ Firbank Lane 58 Block 155-2 “ Firbank Lane 62 Block 155-3 “ Firbank Lane 66 Block 155-4 “ Firbank Lane 70 Block 156-1 “ Firbank Lane 42 Block 156-2 “ Firbank Lane 46 Block 156-3 “ Firbank Lane 50 Block 156-4 “ Firbank Lane 54 Block 157-1 “ Firbank Lane 26 Block 157-2 “ Firbank Lane 30 Block 157-3 “ Firbank Lane 34
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COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Lot, Block & Unit Number Plan Number Street Name Building Number
Block 157-4 65M-3915 Firbank Lane 38
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-026-ZO
BEING A BY-LAW to amend By-law 2010-001-ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law) for the lands located at 11750 and 11782 Ninth Line.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That Comprehensive Zoning By-law No. 2010-001-ZO is hereby amended as follows:
(a) Amending Schedule 55 to rezone the lands shown as ‘Change Area’ from Agriculture (AG) and Flood Hazard (FH) to Residential New Five Exception 3 (RN5(3)) and Environmental (ENV) as shown on Schedule 1 to this By-law;
(b) Amending Section 5A.3.5 (Exceptions to the RN5 Zone) by adding a new Section 5A.3.5.3 as shown on Schedule 2 to this By-law; and
2. That this By-law shall come into force in accordance with Section 34 of the Planning Act.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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SCHEDULE 1 TO BY-LAW 2018-026-ZO
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SCHEDULE 2 TO BY-LAW 2018-026-ZO 5A.3.5.3 RN5(3) 11750 and 11782 Ninth Line, Schedule 55 1. Permitted Uses i) Apartments ii) Townhouse dwellings iii) Accessory Uses, Buildings and Structures
2. Regulations i) Minimum Front Yard 2.0 metres
Minimum Interior Side Yard 5.5 metres
ii) Maximum Building Height 27.5 metres iv) Maximum Lot Coverage 41%
3. Special Regulations i) Notwithstanding Section 5A.2.1(9) the maximum net density shall be 120 units per hectare. For the purpose of this provision, the calculation of maximum net density, units per hectare shall include the number of dwelling units and the lot area in hectares shall include the lot area and any lands conveyed to the TRCA from the lands identified as subject lands on Schedule 1 to this by-law; ii) Notwithstanding row 1 in the table in Section 3.22, sills, belt courses, cornices, eaves, gutters, chimneys, pilasters, canopies or similar non- structural architectural features may project into the required front yard 1.0 metres in addition to permitted encroachments in rows 2 to 7 inclusive; iii) Notwithstanding rows 4 and 10 in the table in Section 3.22, front entrance stairs or access ramps may project into the required front yard to the front lot line; iv) In addition to the encroachments permitted in section 3.22, planters shall be permitted to encroach into the required front yard or interior side yard to the lot line.
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-027-OP
BEING A BY-LAW to adopt Official Plan Amendment No. 144 to the Official Plan for the Town of Whitchurch- Stouffville Planning Area which, on the 1st day of January, 1971 comprised all the lands within the municipal boundary of the area municipality of the corporation of the Town of Whitchurch-Stouffville (15381, 15437, 15457, 15473 Highway 48)
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That Amendment No. 144 to the Official Plan for the Town of Whitchurch- Stouffville Planning Area which, on the 1st day of January, 1971, comprised all the lands within the municipal boundary of the Area Municipality of the Corporation of the Town of Whitchurch-Stouffville, is hereby adopted; and
2. That the Corporation of Town of Whitchurch-Stouffville make application to the Regional Municipality of York for approval of said Amendment No. 144 to the Official Plan of the Town of Whitchurch-Stouffville; and
3. That the Mayor and Clerk be hereby authorized and empowered to execute the said Amendment No. 144 to the Official Plan on behalf of this Corporation and to affix thereto the Corporate Seal and to make or cause to be made on behalf of this Corporation such application as may be necessary to the Regional Municipality of York for approval of said Amendment No. 144 to the Official Plan and to execute under the Corporate Seal such documents as may be required for the above purposes.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-028-ZO
BEING A BY-LAW to amend By-law 2010-001-ZO of the Town of Whitchurch-Stouffville (Comprehensive Zoning By-law) for the lands located at 15381, 15437, 15457 and 15473 Highway 48.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. THAT Comprehensive Zoning By-law No. 2010-001-ZO is hereby amended as follows:
(a) Amending Schedule 21 to rezone the lands shown as ‘Change Area’ from Institutional Exception 1-holding [I(1)(h)] and Development Reserve Exception 1 [D (1)] to Residential Village – Exception – Holding 39 RV(6)(h- 39); Residential Village – Exception – Holding 39 RV(7)(h-39); and Open Space (OS) Zones, as shown on Schedule 1 to this By-law;
(b) Amending Section 5.4.2 (Exceptions to the RV Zone) by adding a new Section 5.4.2.6 as shown on Schedule 2 to this By-law;
(c) Amending Section 5.4.2 (Exceptions to the RV Zone) by adding a new Section 5.4.2.7 as shown on Schedule 3 to this By-law;
(d) Amending Section 2.8.5.1 (Site Specific Holding Zone Provisions) by adding a new section 2.8.5.1.39 as shown on Schedule 4 to this By-law;
2. AND THAT this By-law shall come into force upon final approval of Amendment No. 144 to the Town of Whitchurch-Stouffville Official Plan and in accordance with Section 34 of the Planning Act.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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SCHEDULE 1 TO BY-LAW 2018-028-ZO
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SCHEDULE 2 TO BY-LAW 2018-028-ZO 5.4.2.6 RV(6) east side of Highway No. 48, north of Aurora Road, Draft Plan of Subdivision 19T(W)-16.001, Schedule 21. 1. Permitted Uses i) Single detached dwellings
2. Qualifying Notes to Permitted Uses Notwithstanding the provisions of Section 5.1.1:
1. For the purposes of this zone category, a lot shall be deemed to mean the whole of one lot comprising a single building parcel on a registered plan of subdivision fronting on a private right-of-way, as shown on a registered plan of condominium pursuant to the Condominium Act 1998.
2. In addition, for the purposes of this zone category, a public street or road shall also include a private road, lane and/or right-of-way or block intended to be used as a private road, lane and/or right-of-way as shown and/or designated on a registered plan of subdivision registered pursuant to Section 51 of the Planning Act and/or plan of condominium, registered pursuant to the Condominium Act 1998.
3. Notwithstanding any provisions to the contrary, for the purposes of this by- law where an application for a building permit has been submitted for a single detached dwelling on one lot comprising a single building parcel on a registered plan of subdivision, such lands shall be considered to constitute a “lot” and the yard requirements and other provisions of the by- law shall be applied as if the unit was one lot.
3. Regulations i) Minimum Lot Area 370 m2 ii) Minimum Lot Frontage 12 m iii) Front Yard Max – 7.5 m (1)(3) Min – 4.5 m (1)(3) iv) Exterior Side Yard Max – 7.5 m (1)(3) Min – 3 m (1)(3) v) Minimum Interior Side Yard 1.2m (2)(5) vi) Maximum Building Height 11m vii) Minimum Rear Yard 7 m viii) Maximum Lot Coverage (6)(4)
4. Qualifying Notes to Regulations 1. The vehicular access door of any garage, attached or detached, shall have a minimum setback of 6 m from the front lot line or exterior side lot line.
2. Where an attached garage abuts a side driveway on the adjacent lot that provides access to a rear garage, the side yard for the attached garage shall be a minimum of 0.6 m for the garage portion. The remaining habitable portions of the dwelling shall be set back a minimum of 1.2 m.
3. Notwithstanding any other provision of this By-law, an unenclosed porch may protrude into a front or exterior side yard provided that it is located a minimum of 1.5 m from the lot line. (2011-116-ZO)
4. All accessory buildings other than a detached private garage shall maintain a maximum lot coverage of 5% of the lot area. (2011-152-ZO)
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5. Where the Town has entered into a subdivision agreement pursuant to the Planning Act, which provides for the location of municipal services in a manner which would permit the reduction of the minimum side yard beyond that set out in this By-law, and which also provides for the construction and maintenance of grading and drainage services to facilitate such side yard reduction, the following minimum side yards shall apply:
a. The minimum required side yard shall be 1.5m on one side and 0.6m on the attached garage side. (2016-144-ZO) b. The minimum required side yard of 1.5 m allowed in (a) above may be reduced to 1.2 m if: 1. there are no doors in any wall adjacent to the side lot line; or 2. any door in any wall adjacent to the side lot line is recessed into the wall and no stairs project beyond the main wall into the minimum required side yard.
6. Maximum Lot Coverage shall not apply in this zone category.
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SCHEDULE 3 TO BY-LAW 2018-028-ZO 5.4.2.7 RV(7) east side of Highway No. 48, north of Aurora Road, Draft Plan of Subdivision 19T(W)-16.001, Schedule 21. 1. Permitted Uses i) Street Townhouse Dwellings
2. Qualifying Notes to Permitted Uses Notwithstanding the provisions of Section 5.1.1:
i) For the purposes of this zone category, a lot shall be deemed to mean the whole of one lot comprising a single building parcel on a registered plan of subdivision fronting on a private right-of-way, as shown on a registered plan of condominium pursuant to the Condominium Act 1998.
ii) In addition, for the purposes of this zone category, a public street or road shall also include a private road, lane and/or right-of-way or block intended to be used as a private road, lane and/or right-of-way as shown and/or designated on a registered plan of subdivision registered pursuant to Section 51 of the Planning Act and/or plan of condominium, registered pursuant to the Condominium Act 1998.
iii) Notwithstanding any provisions to the contrary, for the purposes of this by- law where an application for a building permit has been submitted for street townhouse dwelling(s) on one lot comprising a single building parcel on a registered plan of subdivision, such lands shall be considered to constitute a “lot” and the yard requirements and other provisions of the by-law shall be applied as if the unit was one lot.
3. Regulations i) Minimum Lot Area 300 m2. ii) Minimum Lot Frontage 11 m. iii) Minimum Front Yard Max – 7.5 m (1)(3) Min – 3 m (1)(3) iv) Minimum Exterior Side Yard Max – 7.5 m (1)(3) Min – 3 m (1)(3) v) Minimum Interior Side Yard 1.2 m (street townhouse) 0 m (along common wall) vi) Maximum Building Height 11m vii) Minimum Rear Yard 6m viii) Maximum Lot Coverage (4)(2)
ix) Minimum front yard setback for Block 80 shall be 5.0 m. x) Minimum exterior side yard setback for Block 79 shall be 1.5 m xi) For the purpose of this zone, the front lot line is determined as follows: a. For Blocks 77 and 78 – Street ‘A’ b. For Blocks 79 – Landscape Buffer Block adjacent to Highway 48 c. For Block 80 – Lane ‘B’ opposite the Public Park xii) For the purpose of this zone, each dwelling unit shall have an attached garage and vehicular access to a private right-of-way adjacent to the rear lot line.
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4. Qualifying Notes to Regulations 1. The vehicular access door of any garage shall have a minimum setback of 6 m from the rear lot line.
2. All accessory buildings shall maintain a maximum lot coverage of 5% of the lot area. (2011-152-ZO)
3. Notwithstanding any other provision of this By-law, an unenclosed porch may protrude into a front or exterior side yard provided that it is located a minimum of 1.5 m from the lot line. (2011-116-ZO)
4. Maximum Lot Coverage shall not apply in this zone category.
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SCHEDULE 4 TO BY-LAW 2018-028-ZO Section 2.8.5.1.39 h-39 Zone RV(6)(h-39)/RV(7)(h-39) Conditions for Lifting the Holding Symbol (h-39) i. The Council of the Town of Whitchurch-Stouffville has allocated, within the limit of the Regional capacity assignment, adequate available water servicing capacities to the subject development; and, ii. The capacity evaluation of the Ballantrae Golf & Country Club Wastewater Treatment Plant is completed by a third-party Consultant (registered professional engineer) demonstrating, to the satisfaction of the Region, that the Plant can service additional residential units proposed in the subject development and complies with the applicable environmental approvals.
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-029-RD
BEING A BY-LAW to close Lloyd Street from Main Street to 50 metres south of Main Street between January 1, 2018 and November 2, 2018.
WHEREAS by-laws may be passed for the temporary closure of streets; and
WHEREAS it is intended that a portion of Lloyd Street be closed temporarily for the purposes of facilitating construction of a new building located at 6233 Main Street;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That Lloyd Street, from the intersection of Main Street southerly 50 metres, be closed to vehicular traffic between the following dates:
Monday, January 1, 2018 and Friday, November 2, 2018; and
2. That the designation made by this By-law shall be effective upon the erection of official signs indicated such designation.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-030-AP
BEING A BY-LAW to appoint members to the Committee of Adjustment and repeal By-law 2017-020-AP
WHEREAS Council enacted By-law 2017-021-RE being a By-law to constitute and appoint a Committee of Adjustment, and to establish its Terms of Reference; and
WHEREAS Council enacted By-law 2017-020-AP to appoint individuals to the Committee of Adjustment for the 2014-2018 term of Council; and
WHEREAS the Terms of Reference for the Committee of Adjustment require Council to fill a vacancy on the Committee of Adjustment for the remaining portion of the term of the members being replaced.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That the following representatives, named herein, be appointed as members of the Committee of Adjustment for the 2014-2018 Term of Council:
Joanne Burnett Lori Doner Jones Wilf Morley Ken Wilson Thomas Winters; and
2. That members of this Committee shall not be a Member of Council or municipal employee; and
3. That appointments to the Committee shall be for the term of Council expiring upon the appointment of successors by Council unless any such appointments are specifically terminated earlier; and
4. That in the event of a vacancy in the membership, Council shall fill the vacancy for the remaining portion of the term of the member who is being replaced; and
5. That By-law 2017-020-AP be repealed; and
6. That this by-law shall come into effect March 6th, 2018.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-031-AP
BEING A BY-LAW to appoint individuals to the 19 On the Park Advisory Committee and repeal By-law 2015-094-AP
WHEREAS Section 11 of the Municipal Act, 2001, as amended provides that a lower- tier municipality may pass By-laws respecting the governance and structure and its local boards; and
WHEREAS Council passed By-law 2015-093-RE establishing the 19 On the Park Advisory Committee; and
WHEREAS Council enacted By-law 2015-094-AP to appoint individuals to the 19 On the Park Advisory Committee for the 2014-2018 term of Council; and
WHEREAS it is deemed necessary to appoint members to the 19 On the Park Advisory Committee to fill a vacancy for the 2014-2018 Term of Council.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That the following representatives, named herein, be appointed as members of the 19 on the Park Advisory Committee for the 2014-2018 Term of Council:
11 MEMBERS: 7 Members of the public, 2 Members of Council and 2 Staff Members
7 MEMBERS OF THE PUBLIC James Croker Valerie Curgenven Suze Joyce David Parmer Brian Sankarsingh Ray Stadnick Johnny Wideman
2 COUNCILLOR APPOINTEES Councillor Kroon Councillor Upton
2 NON-VOTING STAFF MEMBERS Manager, Culture and Community Services Cultural Facility & Programming Coordinator
The Mayor is an Ex-Officio member and in the absence of an appointed member of Council, the Mayor may replace that Council member for that meeting with full voting privileges.
Appointments to the Committee shall be for the term of Council expiring upon the appointment of successors by Council unless any such appointments are specifically terminated earlier. In the event of a vacancy in membership of the Committee, Council shall appoint a new member to fill the vacancy for the remaining portion of the term of the member who is to be replaced; and
2. That By-law 2015-094-AP be repealed.
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READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-032-AP
BEING A BY-LAW to appoint individuals to the Heritage Advisory Committee and repeal By-law 2017-130-AP
WHEREAS Section 11 of the Municipal Act, 2001, as amended provides that a lower- tier municipality may pass By-laws respecting the governance and structure and its local boards; and
WHEREAS Council enacted By-law 2015-021-RE to establish the Terms of Reference for the Heritage Advisory Committee; and
WHEREAS Council enacted By-law 2017-130-AP to appoint individuals to the Heritage Advisory Committee for the 2014-2018 term of Council; and
WHEREAS it is deemed necessary to appoint members to the Heritage Advisory Committee to fill a vacancy for the 2014-2018 Term of Council.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That the following representatives named herein be appointed as members of the Heritage Advisory Committee:
8 Members of the public:
Gleyn Beatty Bob Curgenven Teresa den Boef Dean Horner Shawna Kelterborn Sharon Klassen Michael Rankin Fred Robbins 1 Councillor Appointee:
Councillor Lovatt
The Mayor is an Ex-Officio member and in the absence of an appointed member of Council, the Mayor may replace that Council member for that meeting with full voting privileges.
Appointments to the Committee shall be for the term of Council expiring upon the appointment of successors by Council unless any such appointments are specifically terminated earlier. In the event of a vacancy in membership of the Committee, Council shall appoint a new member to fill the vacancy for the remaining portion of the term of the member who is to be replaced; and
2. That By-law 2017-130-AP be repealed.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-033-AP
BEING A BY-LAW to appoint individuals to the Cemetery Reference Group and repeal By-law 2011-050-AP
WHEREAS Section 11 of the Municipal Act, 2001, as amended provides that a lower- tier municipality may pass By-laws respecting the governance and structure and its local boards; and
WHEREAS the Council of The Corporation of the Town of Whitchurch-Stouffville enacted a By-law 2012-059-RE to regulate the operation of municipal cemeteries under the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33; and
WHEREAS By-law 2012-059-RE stipulates that Council shall, by By-law, appoint a Cemetery Reference Group (CRG), who shall hold office during the term of Council; and
WHEREAS Council enacted By-law 2017-123-RE to establish the Terms of Reference for the Cemetery Reference Group; and
WHEREAS it is deemed necessary to appoint members to the Cemetery Reference Group based on the Terms of Reference for the 2014-2018 Term of Council.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. That the following representatives named herein be appointed as members of the Cemetery Reference Group:
4 Members of the Public: Eric Button Patrick Leblanc Fay Minton Peggy Topping
1 Councillor Appointee: Councillor Hargrave
The Mayor is an Ex-Officio member and in the absence of an appointed member of Council, the Mayor may replace that Council member for that meeting with full voting privileges.
Appointments to the Committee shall be for the term of Council expiring upon the appointment of successors by Council unless any such appointments are specifically terminated earlier. In the event of a vacancy in membership of the Committee, Council shall appoint a new member to fill the vacancy for the remaining portion of the term of the member who is to be replaced; and
2. That By-law 2011-050-AP be repealed.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-034-AP
BEING A BY-LAW to appoint an Integrity Commissioner for the Town of Whitchurch-Stouffville
WHEREAS the Municipal Act, 2001, as amended (the “Municipal Act”) provides that the powers of a municipal corporation are to be exercised by its Council through the adoption of by-laws; and
WHEREAS the Municipal Act authorizes the Town to establish codes of conduct for members of Council and to appoint an Integrity Commissioner who reports to Council; and
WHEREAS Council has adopted a Code of Ethical Conduct for Members of Council; and
WHEREAS an Integrity Commissioner is responsible for performing in an independent manner the functions assigned by the municipality with respect to, (a) the application of the code of conduct for members of council and the code of conduct for members of local boards or of either of them; (b) the application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards or of either of them; or (c) both of clauses (a) and (b); and
WHEREAS by March 1, 2019, the Municipal Act, pursuant to Part V.1, Accountability and Transparency, will oblige all municipalities in Ontario to appoint an integrity Commissioner to perform the following functions:
1. The application of the code of conduct for members of council and the code of conduct for members of local boards.
2. The application of any procedures, rules and policies of the municipality and local boards governing the ethical behaviour of members of council and of local boards.
3. The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of Interest Act to members of council and of local boards.
4. Requests from members of council and of local boards for advice respecting their obligations under the code of conduct applicable to the member.
5. Requests from members of council and of local boards for advice respecting their obligations under a procedure, rule or policy of the municipality or of the local board, as the case may be, governing the ethical behaviour of members.
6. Requests from members of council and of local boards for advice respecting their obligations under the Municipal Conflict of Interest Act.
7. The provision of educational information to members of council, members of local boards, the municipality and the public about the municipality’s codes of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act; and
WHEREAS Council deems it expedient to appoint Principles Integrity, through its principals Jeffrey A. Abrams and Janice Atwood-Petkovski, as the Town of Whitchurch-Stouffville Integrity Commissioner to perform the functions, powers and duties recited above and as may be set out in the Municipal Act from time to time.
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NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE HEREBY ENACTS AS FOLLOWS:
1. That Principles Integrity through its principals Jeffrey A. Abrams and Janice Atwood-Petkovski is hereby appointed as the Town of Whitchurch-Stouffville's Integrity Commissioner pursuant to Part V.1, Accountability and Transparency, of the Municipal Act; and
2. That upon appointment Principles Integrity will have all the functions, powers and duties of an integrity commissioner as set out in Part V.1, Accountability and Transparency, of the Municipal Act, and in addition such functions, powers and duties as may be assigned by Council from time to time; and
3. That the Town of Whitchurch-Stouffville hereby indemnifies and save harmless the Integrity Commissioner or any person acting under the instructions of the Integrity Commissioner for costs reasonably incurred in connection with the defense of a proceeding if the proceeding relates to an act done in good faith in the performance or intended performance of a function, duty or authority under Part V.1 of the Municipal Act, or a by-law passed thereunder, or an alleged neglect or default in the performance in good faith of the function, duty or authority; and
4. That all actions taken and required to be taken by the Mayor and Clerk on behalf of the Corporation of the Town of Whitchurch-Stouffville to complete this matter including the execution of the Agreement and any other associated documentation are hereby authorized, confirmed and ratified; and
5. That this By-law shall come into force and take effect March 7, 2018.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2018-035-GA
BEING A BY-LAW for establishing and maintaining a system for collection, removal and disposal of garbage, other refuse, yard waste materials, recyclable materials including blue box materials and source separated organics in the Town of Whitchurch-Stouffville and repeal By-laws 2007-144-GA and 2010-130-GA
WHEREAS the provisions of Section 11 and 127 of the Municipal Act, 2001, as amended (the "Act"), authorizes municipalities to enact by-laws to maintain a system for the collection and disposal of refuse; and
WHEREAS the Town and the Regional Municipality of York have developed and implemented a waste diversion program for blue box materials, source separated organics, yard waste, special waste, electronic/electrical equipment waste (WEEE) and household wastes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1. DEFINITIONS In this by-law:
1.1 "ADU" means an accessory dwelling unit that has been registered with the Town.
1.2 "Ashes" means the solid residue of any fuel used for heating or cooking purposes and cleanings from chimneys.
1.3 "Approved Receptacles" shall have the meaning described in Section 7.
1.4 "Backyard Composters" means any composter, distributed or sold by the Town or designate.
1.5 "Blue Bin" means open topped plastic containers used for the collection of blue box recyclables as may be approved by the Town and distributed or sold by the Town or designate, and which shall be capable of containing all materials without spillage, and which shall not exceed 53 cm (21 inches) in height and 40 cm (16 inches) in width and 48 cm (19 inches) in length or 22 gallons (83 litres).
1.6 "Blue Box Recyclables" means any refuse that is listed in Schedule 'A' of this by-law under blue box recyclables.
1.7 "Bulk Container" means a receptacle which is approved by the Town for the collection and disposal of Refuse, from multi- residential premises, or from any property where the owner has arranged privately, at his own expense and liability, for collection.
1.8 "Bulk Items" means any refuse that is listed in Schedule 'A' of this by law under Bulk Items.
1.9 "Bundle" means a bundle of magazines, newspapers, cardboard or waste paper which is securely tied with a non-metallic material and weighs less than twenty-two (22) kilograms (50 lbs), or a bundle of branches, twigs or cuttings, which is securely tied with a non-metallic
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material and which does not exceed 1.2 meters (4 feet) in length and 0.6 metres (2 feet) in any physical dimension and does not exceed twenty-two (22) kilograms (50 lbs) in weight.
1.10 "Collectible Waste" means garbage, yard waste, recyclable material, source separated organic material, special waste and metal appliances.
1.11 "Collection" means the collection of collectible waste and includes delivery to a waste management site, a materials recovery and transfer facility or any other facility designated by the Town.
1.12 "Commercial Premises" means premises located within a 1.1x Residential Collection Area, residential zone, or the historical Main Street d istrict, that are used for a permitted commercial use as such use is defined in the Zoning By-Law.
1.13 “Compostable Material” means any organic material such as food, grass, leaf and brush as may be designated by a municipal official from time to time.
1.14 “Composter” means a retail or home-made unit of reasonable appearance and in a reasonable condition, or one that is distributed or sold by the Town that is intended to accommodate and enhance the decomposition of organic materials into a compost soil or soil supplement.
1.15 "Container" means an approved receptacle used to place c ollectible waste at the curbside for collection. Examples include garbage bag or rigid container such as a garbage can with two open rigid handles, leaf and yard waste paper bag, compostable plastic bags, municipally issued green bin, municipally issued blue bin or other plastic container deemed suitable by the Town for collectable waste.
1.16 “Containerized Collection” means the collection of waste (or other material as specified) via front end loading trucks. These containers are typically referred to as dumpsters.
1.17 "Contractor" means any person, company or corporation under contract with the Town of Whitchurch-Stouffville to remove refuse throughout the Town including the employees of a contractor and the Public Works Department for the Town of Whitchurch-Stouffville.
1.18 “Corporation” means the Corporation of the Town of Whitchurch- Stouffville and may include, for the purposes of collection of garbage and recyclable materials or for the purposes of the distribution of tags, any person, company or corporation under contract with the Town to remove garbage, other refuse and recyclable materials throughout the Town or to distribute tags and for such purposes includes all employees, agents or servants of such person, company or corporation.
1.19 “Designated Collection Area” means that area of the municipality that is designated to receive the collection of garbage, other refuse, yard waste material, special waste, and recyclables material including blue box and source separated organic material either singularly or in total.
1.20 "Director" means the Director of Public Works or designate(s).
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1.21 "Dwelling Unit" means a room or a suite of rooms that may be occupied in compliance with all applicable law as a separate housekeeping unit, used or intended to be used as a domicile by one or more persons and that contains cooking, eating, living, sleeping and sanitary facilities. A Dwelling Unit includes an ADU.
1.22 “Electronic Waste” means any refuse that is listed in Schedule “C” of this by-law under Electronic Waste or refuse that is listed as an acceptable item under the Ontario Electronic Stewardship program or successor program. This includes any other refuse so designated by the Director or designated municipal official from time to time.
1.23 "Garbage" means any refuse that is listed in Schedule 'A' of this bylaw under Garbage. It generally refers to any collectable waste which is not: hazardous waste, recyclable material, source separated organics, large metal appliances, yard waste or any prohibited items as identified in Schedule ‘A’.
1.24 “Garbage Container” means a rigid plastic container having two open rigid handles with a capacity of not more than 125 litres weighing with contents not more than 22 kg (50 lbs) each. May also include plastic film garbage bags with a capacity of not more than 125 litres weighing with contents not more than 22 kg (50 lbs).
1.25 "Green Bin" means a receptacle that is clearly and easily identifiable as containing Source Separated Organics. A green bin receptacle used for collection of source separated organics as may be approved by the Director, and distributed or sold by the Town or designate. The green bin shall be capable of containing all materials without spillage and which shall not exceed 69 cm (27 inches) in height and 40 cm (16 inches) in width and 46 cm (18 inches) in length or 12 gallons (45 litres).
1.26 "Hazardous Material" means any refuse that is listed in Schedule “A” of this by-law under Hazardous Waste. It generally means any household product, material or item labelled as “corrosive”, “toxic”, “reactive”, “explosive”, “oxidizing”, “poisonous”, “infectious”, “flammable” or as defined in the regulation to the Environmental Protection Act, as amended from time to time. This includes any other refuse so designated by the Director or designated municipal official from time to time.
1.27 "ICI Locations" means Industrial, Commercial and Institutional premises located within a 1.1x Residential Collection Area, Residential Zone, or the Historical Main Street District, which premises are being used for a permitted institutional use as such use is defined in the Town’s Zoning By-Law.
1.28 "Intermittently Collected Refuse" means refuse such as metal appliances, yard waste, Christmas tree pick up or special waste.
1.29 "Kitchen Container" means a receptacle used for the residential storage of Source Separated Organics as may be approved by the Director and distributed or sold by the Town or designate.
1.30 “Loose Material” means loose or un-bagged material in the garbage that may pose a Health & Safety hazard to the collection operator when in the process of dumping the material into the vehicle.
1.31 "Materials Recovery and Transfer Facility" means a facility that receives collectible waste, blue box recycling, source separated organics etc. for processing.
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1.32 "Multiple Offences" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law.
1.33 “Multi-Residential Premises” means any structure designated by the Director and which is legally used or operated to accommodate six or more multiple dwelling units.
1.34 "Municipality" means the geographic area comprising the Town of Whitchurch-Stouffville.
1.35 "Non-Collectible Waste" means any Refuse that is listed in Schedule 'A' of this by-law under Non-Collectible Waste and any materials or refuse that is listed as an acceptable item under the Ontario Electronic Stewardship program or successor program. This includes any other refuse so designated by the Town from time to time.
1.36 "Owner" means the registered owner, a mortgagee in possession, tenant, or occupier of property or premises located within the Municipality.
1.37 “Recyclable material” means any refuse that is listed in Schedule “A” of this By-law. This includes any other recyclable material so designated by the Director or designated municipal official from time to time.
1.38 "Refuse" means any object, material, or substance that has been discarded by any person or that is no longer in use or reasonably intended to be used by any person having ownership or control over such object, material or substance.
1.39 "Residential Collection Area" shall mean all areas shown in Schedule ‘D’ of this By-law.
1.40 "Regular Fine" means a fine levied pursuant to section 11.6.
1.41 "Regularly Collected Refuse" means any refuse that is not intermittently collected refuse or prohibited refuse. Blue box, green bin and garbage are considered regularly collected refuse
1.42 "Residential Premises" means any structure located in a Residential Zone that contains at least one but not more than five Dwelling Units that are used for a permitted residential use as such use is defined in the Zoning By-Law.
1.43 “Scavenge” means to sort through, pick over, interfere with, disturb, remove or scatter refuse or material that is set out for collection.
1.44 "Special Fine" has the meaning ascribed thereto in section 11.7.
1.45 "Special Waste" means bulk items such as furniture, carpet, appliances and large metal items and such other items as are defined under the headings “Bulk Items” or “Metal Appliances”.
1.46 "Source Separated Organics" (SSO) means any Refuse that is listed in Schedule 'A' of this by-law under Source Separated Organics or in Schedule "B" as an SSO Accepted Item be contained in a certified compostable bag collection. This includes any other refuse so designated by the Director or designated municipal official from time to time
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1.47 “Tag" means a sticker purchased from the Town for the purpose of being affixed to a container/bag to authorize additional pay-for- service collection or authorized collection for a Special Waste item.
1.48 "Town" means the Corporation of the Town of Whitchurch- Stouffville.
1.49 “Travelled Road” means the portion intended for travel of a common or public highway used by the general public for the passage of vehicles within the limits of the Town of Whitchurch- Stouffville and includes private roads upon which placement and collection of collectable garbage is approved by the Director of Public Works.
1.50 "Metal Appliances" means any Refuse that is identified in Schedule "A" to this by-law under metal appliances.
1.51 "Yard Waste" means organic materials, including leaves, hedge trimming, tree pruning, weeds, yard plants, shrubbery, brush, Christmas trees, tree trimming, pumpkins, or other garden debris identified in Schedule “A”. Yard Waste does not include food waste or grass. This includes any other refuse so designated by the Director or designated municipal official from time to time
1.52 "Zoning By-Law" means any zoning by-law enacted or amended by the Town from time to time.
2. LANDS TO WHICH THIS BY-LAW APPLIES
2.1 This by-law shall apply to all lands within the jurisdiction of the Town.
3. ESTABLISHMENT OF A COLLECTION SYSTEM
3.1 A system is hereby established for the collection of c ollectible w aste from residential properties located within the Municipality.
4. RESPONSIBILITIES OF PROPERTY OWNERS AND OCCUPANTS
4.1 No person shall set out any refuse for collection other than in accordance with this by-law.
4.2 No person shall deposit any refuse on private or public property without the expressed written authorization of the Owner of such property.
4.3 No person shall place any refuse for collection and disposal or permit any refuse to remain on lands and premises over which a person has control or where a person is an owner, occupant, lessee, tenant or mortgagee in possession, where such refuse constitutes a nuisance or a hazard to members of the public, emits foul or offensive odors or attracts or harbors vermin or insects.
4.4 No person shall set out prohibited refuse for collection and disposal by the contractor.
4.5 No person shall set out refuse for collection and disposal by the contractor, except on such regular and recurring days and at such times as are designated by the Town.
4.6 Approved containers and bundles shall be placed as close as possible to the curb or pavement edge of the road, without obstructing vehicular or pedestrian traffic or street maintenance and
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shall not be placed on top of snow banks. In the event of a dispute as to the acceptable location, the appropriate location shall be determined by the Town.
4.7 Approved containers and b undles shall not be placed at the curb or pavement edge before 5:00 p.m. on the day immediately preceding the day designated for collection. Approved receptacles and bundles shall be placed at the curb or pavement edge no later than 7:00 a.m. on the day of collection. All emptied receptacles and uncollected Refuse shall be removed from the curb or pavement edge before 8:00 p.m. on the day of collection.
4.8 No person shall set out a receptacle for collection that contains liquids, warm ashes, electronics or hazardous waste.
4.9 Approved containers must be placed at the edge of the traveled portion of the road, or in a location accessible to municipal collection vehicles as pre-determined and approved by the Town. Approved containers shall not be placed on the road for collection.
4.10 Bulk containers used by multi-residential premises must be placed in a location accessible to municipal collection vehicles and in locations approved by the Town.
4.11 Multi-residential premises are eligible to participate in the municipal waste collection program provided that the Owner and occupants participate in one or more recycling or waste diversion program.
5. COLLECTIBLE WASTE RESTRICTIONS
5.1 The number of garbage containers/bags set out for collection from any residential premises on any collection day shall not exceed three (3) for containers/bags for each dwelling unit, or the number of waste containers/bags specified by the Town from time to time. Additional waste containers/bags set out for c ollection will not be collected unless pay-for-service t ags have been affixed to them. The maximum number of containers/bags set out for collection from any residential premises, tagged or untagged, shall not exceed six (6) for each dwelling unit.
5.2 The number of garbage containers/bags set out for collection from any commercial p remises or institutional premises shall not exceed three (3) for each collection day or the number designated by the Town from time to time. Additional containers/bags set out for c ollection will not be collected unless pay-for-service tags have been affixed to them. The maximum number of containers/bags set out for collection pursuant to this section shall not exceed six (6).
5.3 The number of untagged garbage containers/bags put out for collection from any commercial p remises or institutional premises within the Downtown Stouffville Collection Area (Schedule D-1) shall not exceed six (6) for each collection day.
5.4 The number of untagged garbage containers/bags set out for collection from any registered ADU shall not exceed three (3) for each collection day or the number of containers/bags that may be specified by the Town from time to time. Additional waste containers/bags set out for c ollection will not be collected unless pay-for-service t ags have been affixed to them. The maximum number of containers/bags set out for collection from an ADU shall not exceed six (6).
5.5 The number of bulk items set out for collection from any property
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shall not exceed four (4) for each collection day or the number designated by the Town.
5.6 Any person who has refuse to dispose of in excess of the limits set out in Sections 5.1, 5.2, 5.3 or 5.4 as the case may be, shall dispose of it at his or her own expense by conveying the r efuse, or having it conveyed, to waste receiving or disposal facility by a private service provider operating under a Certificate of Approval issued pursuant to the Environmental Protection Act and in compliance with all applicable laws.
5.7 Blue box recyclables may be set out for collection on the collection dates set for regularly collected refuse or on such other dates as maybe determined by the Town.
5.8 Source s eparated o rganics may be set out for c ollection on the collection dates set for regularly collected refuse or on such other dates as may be determined by the Town.
5.9 Where blue b ox r ecyclables are set out for c ollection they shall be placed entirely within a Blue Bin or an approved alternative receptacle.
5.10 Where source separated organics are set out for collection they shall be placed entirely within a Green Bin in compostable bags.
5.11 There is no limit to the quantity of blue box recyclables, source separated organics or yard waste that may be set out for collection from a residential property.
5.12 Yard Waste may be set out for collection and disposed by the contractor once every other week on the collection dates set for regularly collected yard waste or on such other dates as may be determined by the Town.
6. GENERAL
6.1 No person shall set out for collection or convey r efuse in any manner that may constitute a nuisance, hazard or threat to public health and safety.
6.2 Notwithstanding the provisions of this by-law, any person may contract at his/her own expense and liability, for the collection of refuse from their own property. Any such person shall utilize bulk containers as a receptacle for such refuse and shall otherwise conform with the provisions of this By-law, save and except for the provisions of Sections 4.9, 4.10, 5.1, 5.2, 5.3 and 5.4 shall ensure that no nuisance, hazard or inconvenience to other persons is created by the storing or collection of refuse in bulk containers.
6.3 No person shall convey refuse except in completely covered receptacles or in vehicles that are totally enclosed or covered so as to prevent any refuse from falling upon the highway, keep such refuse sealed from flies or vermin, and to control, as far as possible, the escape of any offensive odors therefrom. Any vehicle used shall be a MOECC Licensed Hauler only.
6.4 In the event that refuse is set out for collection and disposal other than in accordance with the provisions of this by-law, the Contractor may refuse to collect such refuse. It shall then be the responsibility of the person setting out such refuse to comply with the provisions of the By-law. Refusal by the contractor to collect and dispose of such
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refuse shall not limit the applicability of any penalty imposed pursuant to this By-law.
6.5 The Town is not responsible for non-approved or broken containers not being collected or returned after collection.
6.6 No person, shall scavenge from, pick over, interfere with, disturb, remove or scatter any refuse set out for collection.
6.7 No person shall set out for collection any metal appliance listed in Schedule ‘A’ of this By-law or similar container without first removing any door, lid or cover that cannot be easily opened from the inside, and taking such other precautionary measures as may be required to prevent a person from being trapped inside.
6.8 Every resident requiring collection of garbage shall place such garbage out for collection in securely covered containers or bags.
7. APPROVED RECEPTACLES
7.1 No person shall set garbage out for c ollection unless it is contained in one of the following approved receptacles:
7.1.1 A reusable receptacle which is plastic, waterproof, durable, non-absorbent with a close-fitting cover and two open rigid handles. The container shall not exceed 50 cm (20 in) in diameter or 90 cm (36 inches) in height or 125 liters (4.4 cu ft.) in capacity. The diameter at the top of the container shall be larger than the bottom. The total weight of any full receptacle shall not exceed 22 kg (50 pounds).
7.1.2 A non-reusable receptacle which shall be a waterproof plastic bag designed and sold for the purpose of containing refuse and sealed so as to prevent any spillage. Maximum size of the bag shall be 66 cm x 92 cm (26"x36") 76 litres (20 gallons). The total weight of the bag when full shall not exceed 22 kgs (50 pounds).
7.2 No person shall set blue box recyclables out for collection unless they are contained in one of the following approved receptacles:
7.2.1 Municipally supplied Blue Bins or equivalent, open topped plastic containers with a grip edge that are clearly and easily identifiable as containing blue box recyclables, and which shall be capable of containing all materials without spillage and which shall not exceed 53 cm (21 inches) in height and 40 cm (16 inches) in width and 48 cm (19 inches) in length or 22 gallons (83 litres).
7.2.2 Notwithstanding the foregoing, magazines, newspapers, cardboard, boxboard and other waste paper may be tied securely in bundles or placed in cardboard boxes for overflow not larger 90 cm x 90 cm x 20 cm (36" x 36" x 8").
7.3 No person shall set out source separated organics for collection unless they are contained within a certified compostable bag that has been deposited within a green bin supplied by the Municipality for this purpose. The total weight of the green bin when full shall not exceed 22 kgs (50 pounds).
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7.4 No person shall set Special Waste out for collection unless they have:
7.4.1 Called the Contractor in advance of the next scheduled collection day for regularly collected refuse to arrange for collection; and
7.5 No person will set Yard Waste out for collection unless it is contained in one of the following receptacles:
7.5.1 A returnable receptacle which is plastic, waterproof, durable, non-absorbent open-top container with two open rigid handles and a “Yard Waste” sticker affixed to it. The container’s diameter shall not exceed 50 cm (20 in) or a height of 90 cm (36 in). The diameter at the top of the container shall be larger than the bottom. The total weight of any receptacle shall not exceed 22 kg (50 pounds). Blue or green bins are not considered to be acceptable yard waste containers and will not be collected.
7.5.2 A non-reusable receptacle which shall be a Kraft paper bag designed as a receptacle for yard waste the weight of which shall not exceed 22 kgs (50 pounds) when full.
7.5.3 Notwithstanding the foregoing, branches, twigs and cuttings may be set out for collection in securely tied bundles which do not exceed 1.2 meters (four feet) in length or and 60 cm (24 inches) in diameter or 10 cm (4 inches) in diameter per branch and do not weigh more than 22 kg (50 pounds) or as the Director or designated municipal official may otherwise prescribe from time to time.
7.6 Any receptacle placed out for collection which is broken or which breaks when lifted will not be collected. Materials set out in cardboard boxes will not be collected.
7.7 Plastic or compostable bags are prohibited for use as a receptacle for blue box material.
8. USER FEES
8.1 No person shall set out more than three (3) c ontainers of garbage for collection in any returnable receptacle without a tag (sticker) affixed to the contents of the container and the tag (sticker) shall be clearly visible upon removal of the container’s lid.
8.2 No person shall set out more than three (3) bags of garbage for collection in any non-returnable receptacle (bag) without a tag (sticker) affixed to the bag and the (sticker) shall be clearly visible.
8.3 Tags may be purchased from the Town or its designates at the applicable fee set out in the Town’s Fees and Charges By-law.
8.4 Where any person sets waste out for collection that has not been tagged as required by this by-law and resulting in non-collection of the waste is responsible for the removal of all material. If the Town is required to collect it will be subject to the imposition of the applicable fee set out in the Town's Fees and Charges By-Law. The Owner of property benefiting from such collection will receive notice of the charging of such fee by mail and the fee shall be due for payment by the Owner within 30 days of the mailing of the notice.
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8.5 Any person sets out any garbage, blue box recyclables, yard waste or source separated organics (SSO) for collection that has been tipped, blown or knocked over prior to collection is responsible for cleaning all the material up. If the Town is required to collect it will be subject to imposition of the applicable fee set out in the Town's Fees and Charges By-Law. The Owner of property benefiting from such collection will receive notice of the charging of such fee by mail and the fee shall be due for payment by the Owner within 30 days of the mailing of the notice.
8.6 Unpaid fees shall be added to the tax roll for any real property in the municipality which benefits from such collection and collected in like manner as taxes.
8.7 Any person who causes or permits refuse to fall upon private or public property shall immediately retrieve same in default of which, the Town, or its Contractor, may retrieve the refuse and charge the person in default the fee set by the Town from time to time, for the expense incurred in doing so. The person in default will receive notice of the charging of such fee by mail and the fee shall be paid by the person within 30 days of the mailing of the notice.
8.8 The Town shall procure a supply of blue bins, green bins, kitchen containers and backyard composters and make them available for sale to residents at the cost set out in the Town's Fees and Charges By-Law.
8.9 Damaged Blue Bins and Green Bins purchased from or issued by the Town will be replaced by the Town or designate, at no cost, provided that the owner presents the damaged blue bin or green bin upon exchange.
9. POWERS OF ENTRY
9.1 The Town may enter upon property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
9.1.1 the provisions of this by-law;
9.1.2 an order issued under this by-law; or
9.1.3 an order made under section 431 of the Municipal Act.
9.2 Where an inspection is required by the Town, the person conducting the inspection may:
9.2.1 require the production for inspection of documents or things relevant to the inspection;
9.2.2 inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
9.2.3 require information from any person concerning a matter related to the inspection including their name, address, phone number and identification; and
9.2.4 alone or in conjunction with a person possessing special or expert knowledge make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
9.3 The Town may make an inspection pursuant to an order issued
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under section 438 of the Municipal Act.
9.4 The Town's power of entry may be exercised by an employee, officer or agent of the Town or by a member of the York Regional Police Services, as well by any person under his or her direction.
10. ORDERS AND REMEDIAL ACTION
10.1 If a person contravenes any provision of this by-law, the Town may issue an order to the person, and the Owner of property benefiting from collection upon which the contravention has occurred, to discontinue the contravening activity. The order shall set out the reasonable particulars of the contravention adequate to identify the contravention, the location of the property upon which the contravention occurred, and the date by which there must be compliance with the order. The order may be served in accordance with the service provisions contained in this by-law.
10.2 If a person has contravened a provision of this by-law, the Town may issue a work order to the person who contravened or permitted the contravention of this by-law, as well as to the Owner of the property upon which the contravention occurred, to do work to correct the contravention. The order shall set out the reasonable particulars of the contravention adequate to identify the contravention, the location of the property upon which the contravention occurred, and the date by which there must be compliance with the order. The order may also provide that if the person or Owner fails to correct the contravention the Town may do the work to correct the contravention at the expense of the person and the Owner. The order may be served in accordance with the service provisions contained in this by-law.
10.3 If the Town has issued an order directing or requiring a person or an Owner to do a matter or thing to correct a contravention of this by-law, and the person or owner has failed to correct the contravention, the Town may enter upon the property at any reasonable time to do all work necessary to correct the contravention and the Town may recover the cost of doing the matter or thing from the person directed or required to do it by adding the costs to the tax roll of the Owner of the property benefiting from collection or upon which property the contravention occurred and collecting them in the same manner as property taxes.
10.4 An order issued under this by-law may be served personally or may be served by registered mail sent to the last known mailing address of the person as indicated on the Town's assessment roll. If an order is served on a person by registered mail, it shall be deemed to have been served on the person on the 5th day after mailing of the order, which deemed service may be rebutted by the person proving, on a balance of probabilities, that they did not receive the order.
11. PENALTY PROVISIONS
11.1 Any person, who contravenes any provision of this by-law, including an order issued under this by-law, is guilty of an offence.
11.2 Any officer or director of a C orporation, who knowingly concurs in the contravention of any provision of this by-law, including an order issued under this by-law, is guilty of an offence.
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11.3 If a person has contravened any provision of this by-law and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected.
11.4 If an order has been issued under this by-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with.
11.5 Any person who is guilty of an offence under this by-law shall be subject to the following penalties:
11.5.1 Upon a first conviction, the minimum fine shall be $350.00 and the maximum fine shall be $100,000.00;
11.5.2 Upon a second or subsequent conviction for the same offence, a fine shall be a minimum of $500.00 and the maximum fine shall be $100,000.00;
11.5.3 Upon conviction for a continuing offence, the minimum fine shall be $500.00 and the maximum fine shall be $10,000.00 for each day or part of a day that the offence continues; and
11.5.4 Upon conviction of a Multiple Offence, for each offence included in the Multiple Offence, the minimum fine shall be $500.00 and the maximum fine shall be $10,000.00.
11.6 In addition to any other remedy or penalty provided by law, the court in which the conviction has been entered, or any other court of competent jurisdiction may make an order:
11.6.1 Prohibiting the continuation or repetition of the offence by the person;
11.6.2 Requiring the person to pay a special fine in addition to a regular Fine, which shall eliminate any economic gain or advantage derived by the person as a result of contravening this by-law.
12. SEVERABILITY
12.1 If any provision or requirement of this by-law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this by-law or the application or such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable shall not be affected thereby and it is hereby declared to be the intention of Council that each provision and requirement of this bylaw shall be separately valid and enforceable to the fullest extent permitted by law.
13. HEADINGS
13.1 Section headings in this by-law are not to be considered part of this by law and are included solely for the convenience of reference and are not intended to be full or accurate descriptions of the sections of this by-law to which they relate.
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14. REPEAL
14.1 By-laws 2007-144-GA and 2010-130-GA are hereby repealed upon the coming into force of this by-law.
READ a first and second time this 6th day of March, 2018.
READ a third time and passed this 6th day of March, 2018.
Justin Altmann, Mayor
Gillian Angus-Traill, Clerk
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SCHEDULE “A”
Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO) 1. Household Hazardous Waste (HHW) a) Acute hazardous X waste b) Aerosol X containers
c) Animal Waste X X d) Batteries e) Bio-medical X waste f) Brake and transmission X fluid;
g) Carcasses X h) Corrosive X waste i) Drain, oven, toilet and carpet X cleaning solutions
j) Engine oil X k) Fire X extinguishers l) Flea collars and X powders
m) Fuels X
n) Fungicides X
o) Ignitable waste X
p) Insect killers X
q) Laundry bleach X r) Leachate toxic X waste
s) Moth balls X t) Ni-cad rechargeable X batteries u) Oil-based and X latex paints v) Pathological X waste w) Paint thinner and paint X remover
x) PCB waste X y) Pool or photographic X chemicals z) Propane tanks and other gas tanks, including X lighters and helium tanks aa) Radioactive X waste bb) Rat and mouse X poison
cc) Reactive waste X dd) Syringes and X needles ee) Water softener X salt
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Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO)
ff) Weed killers X gg) Wood X preservatives 2. Bulk a) Bicycles and X parts thereof b) Carpets, rolled and bundled up 1.5 metres in X length & less the 22kg (50lbs) c) Carpets, loose or greater than 1.5 metres in X length & over 22kg (50lbs) d) Swimming pool filters and pumps (less sand which is X deemed to be Non-collectible Waste) e) Plumbing parts such as sinks, toilets and X seats, bathtubs, fittings
f) Furniture X g) Mattresses and X bedsprings h) Other household bulk X items up to 100 lbs (45kg) i) Other household bulk items greater X than 100 lbs (45kg) 3. Metal
a) A/C units X
b) Air conditioners X c) BBQ (no X propane tank) d) Car and car X parts
e) Chain X
f) Dehumidifiers X
g) Dishwashers X
h) Freezer X i) Hot water tank X (metal) j) Lawn furniture X (metal) k) Metal food and beverage X containers l) Pieces of metal weighing not more than 100 X lbs (45kg) and up to 1.2 m in length m) Pieces of metal weighing more X than 100 lbs
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Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO) (45kg) or more than 1.2 m in length
n) Pots and pans X o) Propane tanks, helium tanks, fuel containers X and gas cylinders
p) Refrigerators X q) Shower enclosures X (metal)
r) Steel barrels X s) Stoves, ovens X and microwaves t) Swimming pool X heaters
u) Utensils X
v) Washer & dryer X w) Water softener X (metal & empty)
x) Wheelbarrow X y) Wire, wire mesh and fencing weighing not more than 100 X lbs, with a maximum length and width of 1.2 m z) Wire, wire mesh and fencing weighing more than 100 lbs, X with a length and width exceeding 1.2m 4. Yard Waste a) Brush, 10cm (4”) in diameter or less, tied in bundles less than 1.2 metres X (4ft) long and 60cm (24”) in diameter & less the 22kg(50lbs) b) Brush, larger than 10cm (4”) in diameter, tied in bundles larger than 1.2 metres (4ft) X long and 60cm (24”) in diameter & more the 22kg (50lbs) c) Brush, which is placed in an acceptable container as X specified by the Designated Municipal Official.
d) Earth and sod X
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Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO)
e) Grass clippings X
f) Hay and straw X g) Leaf and yard waste, in an acceptable container as X specified by the Designated Municipal Official.
h) Seaweed X
i) Tree stumps X
j) Plants X
k) Pumpkins X 5. Source Separated
Organics (SSO) a) All food materials, including fresh, X frozen, dried, cooked and prepared foods
6. Paper
a) Boxboard X
b) Carbon paper X
c) Composite cans X d) Construction paper and Kraft X paper e) Corrugated X cardboard f) Drinking boxes (Aseptic and X Gable top containers) g) Envelopes, direct mail advertising, greeting cards and remaining X paper and paper products generated by households
h) Fine paper X i) Hard cover X books j) Juice, milk and ice cream X cartons k) Laundry X detergent boxes l) Magazines, catalogues and X telephone books
m) Newsprint X n) Paper drinking X cups o) Paper egg cartons, rolls X and bags
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Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO) p) Soiled tissues and paper X towels q) Waxed paper and shredded X paper
7. Plastics a) Beverage containers, soft X drink and water bottles b) Blister wrap, bubble X packaging, saran wrap c) Bottles and jugs, milk, juice, X detergent
d) Bottle lids X e) Children's Plastic Furniture (Playhouse, X Slide, Riding Toy, etc.) f) Sandwich, milk, bread and X shopping bags g) Clear food packaging, baked goods containers, X clear flexible bottles, blister packaging h) Drinking cups X (Styrofoam)
i) Garden seeder X
j) Hose X
k) Hose reel X l) Large pill X bottles
m) Laundry basket X n) Plant trays and pots (smaller X than 23cm or 9”) o) Plant trays and pots X (larger than 23cm or 9”)
p) Plastic bags X q) Plastic barrels, X rain barrels r) Plastic film and wrap X (case of water etc.) s) Plastic tubs, margarine tubs, X yogurt containers t) Small pill X bottles u) Stiff/crinkle/foil X type bags
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Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO) (potato chips, cookie bags)
v) Toys X w) Water softeners X (empty)
8. Wood
a) Skid X
b) Wood X c) Wood boxes and barrels with a length not X greater than 1.2m 9. Additional
Material a) Aluminum & Aluminum foil X trays
b) Ammunition X c) Brick, rock, X asphalt d) Broken glass (packaged & X labelled) e) Clothing, Leather & X Textiles f) Coat hangers X (metal or plastic) g) Construction X material
h) Electrical cords X i) Empty metal paint cans and X empty aerosol cans
j) Explosives X
k) Fibreglass X
l) Furnace filters X m) Glass bottles X and jars n) Glass drinking cups and glass X dishes o) Glass plate and X windows p) Household X sweeping
q) Mirrors* X
r) Shingles X
s) String and twine X t) Styrofoam and Styrofoam food X trays u) Swimming pool X covers
v) Tools X
w) Tires and rims X
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Waste Materials by Method of Collection Source Special Non- Waste Material Blue Box Bulky Metal Yard Separated Waste Garbage Collectible Classification Recyclables Items Appliances Waste Organics Waste (SSO) x) VHS, cassette tapes, CD’s and X DVD’s *Mirrors must be broken and all glass must be securely sealed in a sturdy cardboard box, labelled “Broken Glass” for collection.
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Schedule “B”
SSO Accepted Items
ITEMS Diapers Animal Waste, Litter, Bedding & Fur Baking Ingredients Bird Seed Boxboard (soiled) Bread Candy & Confectionary Products Candy Wrapper, Paper Cardboard (soiled) Daily Products Cereal Coffee Grinds, Filters & Tea Bags Consumable Food Eggs and Egg Shells Feathers Fish and Shellfish Flour & Sugar Bags Flowers (Dried & Fresh Cut) Food Products (Consumable) Fruit Hair Houseplants (Includes Plant Material) Incontinence Products Kraft Paper (Meat Wrap) Meat Products (Bones, Fat, Skin) Microwave Popcorn Bag Moulded Pulp (Egg Carton, Carry Out Tray) – Soiled Muffin Wrappers Nail Clippings Newspaper (soiled) Paper Cups and Paper Plates Paper Towels Pasta Pet Food Polycoat Containers (Ice Cream Box) – Soiled Sanitary Products Sawdust * Spices Shredded paper Tea Bags Tissues Vegetables Wax Paper *Wood sources only (not pressure treated). No sawdust from melamine, composite wood, particle board, etc. will be accepted.
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Schedule “B” CONTINUED
SSO Not Accepted Items
ITEMS Artificial Flowers & Plants Ashes Baby Wipes Candles Carpet & Rugs Cigarette Butts Clothing, Leather & Textiles Corks Cotton Balls, Ear Cleaners & Make Up Removal Pads Dead Animals Disposable Mop Sheets Dryer lint Dryer Sheets Foil Gum Lint Milk Bags Plastic Wraps & Baggies Popsicle Sticks Styrofoam Toothpicks Vacuum Cleaner Bags & Contents Wood
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Schedule “C”
“Electronic Waste” Non-Collectible Items*
ITEMS Information technology equipment Telecommunications equipment Audio-visual equipment Cell phones and home phones Computer cables and accessories Laptop computers Keyboards VCR/DVD players Hand-held computers Pagers Radios Cameras and video recorders Televisions Desktop computers and monitors Printers and scanners Copiers Typewriters Fax machines Stereo, tuners and turntables Receivers and speakers Rechargeable Batteries for any of the above items Mircowaves
*These items are accepted for recycling at drop-off locations only.
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