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HomeMy WebLinkAboutPSD-010-08 Cl!llinglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING --ge-~-:~Jd'"6r7 ~61 pf} -Ck if-a Date: Monday, January 21,2008 Report #: PSD-010-08 File #: PLN 17.3,2 By-law #: Subject: CORRESPONDENCE D-7 BROCKTON RESOLUTION ON FUNDING OF CONSERVATION AUTHORITIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-08 be received; 2. THAT the correspondence from the Municipality of Brockton regarding the funding of Conservation Authorities be received for information; and 3, THAT the Municipality of Brockton, our member Conservation Authorities and Conservation Ontario receive this report and be advised of Council's decision. Submitted by: Da id . Crome, M,C.I.P., R.P.P. Director, Planning Services Reviewed by: '\ - r-r ) ~,-~r:~~ ,>->1.-t Franklin Wu Chief Administrative Officer LB*DJC*sn*df January 15, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-010-08 PAGE 2 1.0 BACKGROUND 1.1 Correspondence from the Municipality of Brockton was received at Council on October 29, 2007 and was referred back to the Director of Planning Services for comment. 2.0 DETAILS 2.1 The Municipality of Brockton has expressed concern that the recent changes to the Conservation Authority programs such as the new Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulations and the Source Water Protection Act has increased the workload of Conservation Authority staff. They suggest that this increased workload has resulted in the lengthy delay of the review of development proposals. The Municipality of Brockton has passed a resolution regarding changes to the existing funding formula. It has been resolved that a) the Province should increase the funding formula to the Conservation Authorities, and that b) in the absence of new funding, Municipalities should be given the ability to opt out of funding a Conservation Authority if it is unable to provide services in a timely manner. 3.0 STAFF COMMENTS 3.1 Although there are new programs that the Conservation Authority is involved with, we have not experienced a delayed response in the review of development applications as experienced by the Municipality of Brockton. We are very satisfied with the Conservation Authorities response and assistance in municipal projects. 3.2 In Durham Region, there are Memoranda of Understanding governing various services the conservation authority provide to Municipalities. In addition, fees are established to cover the costs of municipal plan review and administration of the authorities' regulations. This has allowed for a more stable funding source to provide these services efficiently. 3.3 For Council's information, please find attached a letter from Russ Powell, the Chief Administrative Officer of CLOC to the Township of Scugog on the Brockton resolution. 4.0 CONCLUSION 4.1 Staff recommend that the correspondence from the Municipality of Brockton be received and that no further action be taken. REPORT NO.: PSD-010-08 PAGE 3 Attachments: Attachment 1 - Council Resolution C-560-07 Attachment 2 - Letter from Russ Powell dated December 6, 2007 List of interested parties to be advised of Council's decision: Central Lake Ontario Conservation Authority Ganaraska Region Conservation Authority Kawartha Region Conservation Authority Lake Simcoe Region Conservation Authority Conservation Ontario Municipality of Brockton South Monaghan, Township of Otonabee Attachment 1 To Report PSD-010-08 Council Meeting Minutes - 12 - October 29, 2007 Resolution #C-558-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the nomination of Bruce Craig to represent the Municipal Working Group for the Ganaraska Region on the Trent Conservation Coalition Source Protection Committee be endorsed. D-6 A01.FC .CARRIED" Gabriel Miller, Project Coordinator, Federation of Canadian Municipalities (FCM) advising FCM will be conducting a survey of municipal infrastructure needs from October 5 to November 1, 2007, and producing an up-to-date estimate of the municipal infrastructure deficit in order to help make the case for Federal investments in municipal infrastructure. Survey questions will include reference to infrastructure stock, inventory, condition, age, replacement value and budgeting and information collected will be held in strictest . confidence. A sample group of municipalities has been targeted to respond; however, all FCM members are invited to partiCipate by contacting the project coordinator by telephone at 613-907-6316 or E-mail atqmiller@fcm.ca. Resolution #C-559-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT the survey of municipal infrastructure needs being conducted by the Federation of Canadian Municipalities be endorsed. D-7 C10.GE "CARRIED" Charlie B8w'1ato, Municipality of Brockton, advising Council that on September 10, 2007, the Municipality of Brockton passed the following resolution pertaining to the funding formula for Conservation Authorities: "WHEREAS by way of Regulations under the Conservation Authorities Act enacted in May of 2006 the Province of Ontario has put in place legislation that prohibits development under certain situations and conditions; and Council Meeting Minutes - 13- October 29, 2007 WHEREAS the impact of this Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulation has not been mapped out to make it clear which properties or portions of properties are affected by the Regulation and therefore subject to a permit from the local Conservation Authority; and WHEREAS these Regulations have had the effect of greatly increasing the work load on staff of the local Conservation Authority to the point of creating delays of several weeks or months in obtaining permits from the Conservation Authority to allow new development; and , WHEREAS the Province of Ontario has made significant cuts in funding to local Conservation Authorities which were initiated in 1995 and have continued to the point where staffing levels are now severely affected; and WHEREAS the combination of funding cuts to Conservation Authorities and the implementation of new Regulations have put an increased workload on the staff of Conservation Authorities to the point where the review of development proposals are delayed for unnecessarily long periods of time thereby frustrating new development proposals for communities affected by these regulations; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF BROCKTON HEREBY ENACTS AS FOllOWS: THAT the Province of Ontario revisit the funding formula currently used for Conservation Authorities with the intent to increase the funding provided to Conservation Authorities to allow them to enhance their staffing levels and thereby respond to development proposals in a more timely manner. THAT in the absence of additional funding the Province of Ontario revisit the mandate of the Conservation Authorities to ensure that said mandate is refined and streamlined so that Conservation Authorities across the Province are able to provide timely professional service levels within a restricted mandate; and furthermore the Province of Ontario should investigate currently available engineering, planning, development and environmental expertise to determine a more cost effective method of delivering services. which Conservation Authorities are now unable to provide in a timely and effective manner. And that in the absence of such an investigation Municipalities should be given the ability to opt out of funding of Conservation Authorities where the local Conservation Authority is unable to provide the required services in a timely manner. Council Meeting Minutes - 14- October 29, 2007 THAT this resolution be circulated to all municipalities and Conservation Authorities in Ontario for their support. " THAT a copy of all resolutions and letters in support of this request be sent to i) Honourable David Ramsay, Minister of Natural Resources ii) Conservation Ontario, Attention Chair Dick Hibma; and iii) The Municipality of Brockton." Resolution #C-560-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Municipality of Brockton pertaining to the funding formula for Conservation Authorities be referred to the Director of Planning Services for comment. D-8 A01.GA F11.GE "CARRIED" Brian Fallis, Chair, Ganaraska Region Conservation Authority, advising the Authority is fund raising for the redevelopment of the Ganaraska Forest Centre, an outdoor education centre north of Elizabethville which provides educational and recreational opportunities for students and youth groups; advising the Authority is submitting a proposal to the Ontario Power Generation for consideration of a partnership opportunity for funding of the new Forest Centre; requesting the municipality's endorsement of the redevelopment of the Ganaraska Forest Centre; and, attaching a sample letter of support to be submitted with the proposal. The Authority has requested letters of support to be forwarded to them by November 3, 2007. Resolution #C-561-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the request from the Ganaraska Region Conservation Authority for support of the Ganaraska Forest Centre's funding proposal to the Ontario Power Generation be endorsed; and, that a letter of support be provided to the Authority. "CARRIED" Attachment 2 To R~port"'-SD-010-08 ord Central ~?Lake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario L j H 3T3 Tel: (905) 579-0411 Fax: (905) 579-0994 Member of Consef1!,ation Ontario December 6, 2007 Web: www.cloca.com Emaj[: mail@cioca.com Ms. Kim Coates, Clerk Township of Scugog 181 Perry Street Box 780 Pon Perry, ON L9L IA 7 Dear Ms. Coates: Subject: Municipality of Brockton - Council Resolution No. 07-20.370 (attached) Township of Scugog Correspondence Dated October 29, 2007: Resolution No. 07-434 (attached) As requested, following are the joint comments of the Central Lake Ontario, Kawanha Region and Lake Simcoe Region Conservation Authorities on the Municipality of Brockton resolution. I. In dealing "ith the five "Whereas" sections we have attached background information from the Saugeen Valley Conservation Authority. Our sense is that we are dealing with a misunderstanding between a Conservation Authority and a member municipality (one of 15 participating municipalities) which has escalated into a council resolution circulated across the length and breadth of Ontario. 2. The Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulation to which Brockton refers is not new legislation enacted in May, 2006. but rather an update of the former Fill, Construction and Alteration to Waterways regulations which have been in place in Brockton since 1976. 3. With regard to the first remedy Brockton seeks, no municipality or Conservation Authority would take issue with the Province of Ontario paying a more appropriate/higher proportion of Conservation Authorities funding needs. \,Vhat we do on the land is mirrored in the water cont'd. ..o;j 'h6' Central Lake Ontario Conservation Ms. Kim Coates, Clerk Township of Scugog December 6, 2007 Page 2 4. With regard to the remaining remedies Brockton seeks in the absence of additional funding by the Province, we offer some cautions. (i) Providing it does not exceed the powers granted by the Province under the Conservation Authorities Act, the mandate of a Conservation Authority is established by its participating municipalities which appoint the members of the Board of Directors. If the mandate of a Conservation Authority needs to be revisited, it would seem most appropriate that be done by the participating municipalities. (ii) A broad mix of currently available engineering, planning, development and environmental expertise is available across Ontario within municipalities, provincial and federal agencies, private sector consultants and Conservation Authorities themselves. The most cost effective manner of using that mix of eXpertise to deliver services is, again, a responsibility of the Conservation Authority and its participating municipalities. (iii) Municipalities are responsible for insuring that development occurs in a manner consistent with provincial policies under the Planning Act. In the case of natural hazards, this responsibility has been delegated by the Province to Conservation Authorities through their regulations since 1995. Opting out of funding the Conservation Authorities administration of the regulations doesn't make the responsibility to enforce provincial natural hazards policies go away, it simply means the responsibility reverts to the municipalities. In the case of the Saugeen, that means abandoning consistent application of regulations over a watershed of 1844 square miles and replacing it with 15 separate municipal systems. These existing responsibilities are not to be taken lightly. In the case of Durham Region, its area municipalities and the 5 Conservation Authorities, there are 3 interconnected agreements in play, all arising from decisions made in 1995 and 1996: Memorandum of Understanding Between the Province of Ontario and the Regional Municipality of Durham Regarding Municipal Plan Review April, 1996 Partnership Memorandum between the Regional Municipality of Durham and the five Durham Area Conservation Authorities regarding Provincial Delegation of Planning Review Functions September, 1996 Conservation Ontario, Ministry of Natural Resources and Ministry of Municipal Affairs and Housing Memorandum of Understanding on Procedures to Address Conservation Authority Delegated Responsibility Jan. 2001 (current version - original delegation April, 1995) cont'd. . .3 Central Lake Ontario Conservation Ms. Kim Coates, Clerk Township of Scugog December 6, 2007 Page 3 It is also worth noting that Durham Region and its 5 Conservation Authorities have agreed as a matter of policy that the costs of municipal plan review and administration of regulations will be recovered from development proponents through fees for service. Endorsing the Municipality of Brockton resolution would fly in the face of the foregoing Agreements which have been in place for over a decade and are working well. We hope the foregoing is of some assistance to council and staff in their deliberations. Yours truly, ..-~ ./ ''''.' ~-, ,,- / ..' /l ../ /.., 1>1 (.//--11 %,x r~. .lA. ;c-e)!/! / I U ..... OJ c-.,... .~ -; LAR. Powell Chief Administrative Officer JRPlklt ex: G. Wood, Chief Administrative Officer, Lake Simcoe Region CA ex: I. Macnab, Chief Administrative Officer. Kawartha Region CA cc B. Denney, Chief Administrative Officer, Toronto and Region CA cc L. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region CA cc Mayor Marilyn Pearce, Township of Scugog cc Chair and Members, CLOCA Board of Directors s:\Russ\Oec6-07 Kim Coates, Scugog.doc