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1. examining BEACH FACILITy
options EXAMEN DES POSSIBILITÉS - INSTALLATIONS DE LA PLAGE |
Committee
Recommendation AS AMENDED
That Council
direct staff to consult the Constance Bay Community on alternative
washroom facilities that prioritize a safe water supply and human health, at an
appropriate location, in tandem with all legislation.
Recommandation modifié du comité
Que le Conseil ordonne au personnel de consulter la communauté du
village de Constance Bay sur des solutions de rechange qui soient situées à un
endroit appropriée, qui accordent la priorité à la sécurité de
l'approvisionnement en eau et à la santé humaine et qui soient conformes à la
loi.
Documentation
1. Environmental Advisory Committee
Chair’s report dated 6 June 2008 (ACS2008-CCV-EAC-0005).
2. Extract of Draft Minute, 11 July 2008.
Agriculture and Rural
Affairs Committee
Comité de l'agriculture et des questions rurales
and Council / et au Conseil
Submitted by/Soumis par : Chair/président, Environmental Advisory Committee/
Comité consultatif sur l’environnement
Contact Person/Personne ressource : Stephanie Brown Bellefeuille,
Coordinator/Coordonnatrice
City
Clerk’s Branch/Direction du greffe
(613)
580-2424 x16760, stephanie.brown@ottawa.ca
SUBJECT:
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OBJET :
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That the Environmental Advisory Committee recommends that the
Agriculture and Rural Affairs Committee recommend that Council direct parks and
recreation staff to:
1. Remove the portable toilets placed for river access, situated in
the floodplain within the Village of Constance Bay;
2. Consult the Constance Bay Beach Committee on alternative washroom facilities that prioritize a safe water supply and human health, at an appropriate location, in tandem with all legislation.
Que le Comité consultatif sur l'environnement
recommande au Comité de l'agriculture et des questions rurales de recommander à
son tour d'ordonner au personnel de la Direction des parcs et loisirs :
1. d'enlever
les toilettes portatives placées sur l'accès à la rivière, dans la plaine
inondable du village de Constance Bay.
2. de
consulter le Comité du village de Constance Bay sur des solutions de rechange
qui soient situées à un endroit appropriée, qui accordent la priorité à la sécurité
de l'approvisionnement en eau et à la santé humaine et qui soient conformes à
la loi.
At its regular October 2007 meeting, the Environmental Advisory Committee approved the following motion:
That the
EAC request the removal of portable toilets for the river access that are
situated in the floodplain within the Village of Constance Bay;
That the
EAC request that the Agriculture and Rural Affairs Committee direct staff to
work with the Constance Bay residents’ Beach Committee for the purposes of
placing an appropriate facility at a location that protects the integrity of the water supply and human health, in tandem with
all appropriate legislation.
As part of their presentation to the EAC on this matter, Constance Bay residents Kathy Black and Gerald Jette noted the following main concerns about a set of portable toilets erected on the beach access, as presented in a PowerPoint presentation :
·
well
water and Ottawa River floodplain potential contamination, should these facilities
be tipped over, or leak
·
the
sight and odour of the facilities
·
the
desire for the City to install permanent and ecology-appropriate facilities
· the associated problems with what is thought to be a public beach (the City’s Village Plan for Constance Bay states the beach is not owned by City): illegally parked cars, illegal drinking, unmonitored dog use
Following its thorough verification with regulatory bodies at all levels of
government, the Councillor’s office concludes that they have yet to find a
regulatory body or agency opposed to the use of the current facilities in
place.
Those entities
include the Ontario Ministry of the Environment, the regulatory body providing
the licensing to the supplier, as well as both the Mississippi and Rideau
Valley Conservation Authorities. The MCVA advised it was not an issue with the
1:100 year floodplain, especially with a temporary installation; and, the RVCA,
following suit, sighted Section 8 of the Ontario Building Code, which includes
setbacks for Pail Privy's, and further notes that a 66 foot road
allowance easily meets the requirements and can accommodate the use.
It is also
noted that planning staff advised the Councillor’s office that this is a
permitted use on publicly-owned property (deemed an unopened road allowance),
as well as the advice from Ottawa Public Health that the facilities provide for
good hygiene. As an example, the Councillor’s office notes that Auger's beach
in Constance Bay hosts, every summer, swimming lessons organized by the YMCA.
In final,
quoting the Constance Bay
Village Plan, the Councillor notes the recommendation that the community would like toilet
facilities in place, reflected by the vast majority of the residents (77%) in
the community survey, completed for the Constance Bay Village Plan.
During the summer of 2002 following amalgamation, Parks and Recreation received complaints regarding urination on the beaches and around the front lawns of waterfront owners in Constance Bay. The Township of West Carleton had stationed a portable toilet for the summer period to handle the toiletry issues around a local restaurant’s right of way to the beach in Constance Bay, as indicated at the time by the Constance Bay Action Team. The presiding Council liaison at the time also issued a portable toilet request in 2002.
Local businesses also complained that
beach users who were not business patrons were using the businesses in question
to utilize the indoor washroom facilities. This also became a cost issue for
them with their increased septic use and maintenance.
Since then, parks and recreation have
increased the number of portable facilities to address the many more complaints with respect to private
lawn, boat launch and Auger’s Beach right of way urination problems; for
example, staff had to position two portable toilets at the Point Restaurant
right of way, due to higher number of resident and non-resident use of the
beaches who are becoming familiar with the beautiful community beaches.
In addition, this was identified as an
ardent need during the Community Design Process. However, the Constance Bay resident’s Beach Committee, developed
from the CDP, has in some cases questioned the legality of the placement and
continued presence of the portable toilets. In response, Ottawa Public Health
was tasked to review the issue, subsequently noting that there was no basis for
the removal of these portable toilets, due to the number of people utilizing
the beach and therefore the need to have these facilities. In addition, the
positioning of the toilets appeared to be 30 feet from the nearest well.
It
should also be noted that these portable toilets are provided and maintained
through the parks and recreation budget by the City of Ottawa.
Ottawa Public Health has no objection to
the use of privies provided that they are constructed and installed in
accordance with existing legislation and that they are maintained in a sanitary
manner.
There are no financial implications, as
indicated in the report.
Public Works and Services will implement any directives from Council with respect to this matter.
examining
BEACH FACILITy options
EXAMEN DES POSSIBILITÉS - INSTALLATIONS DE LA PLAGE
ACS2008-CCV-EAC-0005 WEST CARLETON-MARCH (5)
The following written submissions were received in opposition to the above-noted report. A copy of each is held on file with the City Clerk.
· Jodi Wetzel dated July 8, 2008
· Joanne Veldman dated July 8, 2008
· Tracy Maloney dated July 9, 2008
· Jean Laughlin dated July 10, 2008
· Tarra Findlay dated July 10, 2008
· Frank Marchington dated July 10, 2008
· Mary Charlebois, owner of Point Dining Lounge dated July 10, 2008
· Ian Glen, President of Constance and Buckham’s Bay Community Association dated July 11, 2008
· Henry and Betty Practt dated July 10, 2008
Bruce Collier, member of the
Environmental Advisory Committee (EAC), read from a prepared statement providing the
Committee with a brief overview of the EAC report. A copy of Dr. Collier’s presentation is held on file with the
City Clerk.
Councillor El-Chantiry thanked the
delegate for his presentation and asked if he measured the distance from the
community centre (that has a washroom) to the beach area. Dr. Collier responded that it is
approximately 90 seconds by car from the beach to the community centre.
Kathy Black, an area resident, provided a
powerpoint presentation, which is held on file with the City Clerk. She outlined that the outhouses are in
proximity to residential houses and pointed out the setbacks that are not being
met. She listed a number of issues;
toilets placed beside homes are a threat to wells, overturning outhouses cause
spillage. She stated that the portable
toilets are a Class 1 sewage system that requires a 15-metre setback. She advised that residents want a small
community atmosphere to remain and urged the committee to approve the
recommendations.
In response to questions from
Councillor Monette, Ms. Black opined residents do not wan the are to be a
tourist destination and suggested relocating the toilet facilities to a more
appropriate location such as the old police trailer/station. With respect to the environmental
aspects. She claimed there may be a
risk of tipping and leakages to private wells because of the proximity to
residential housing in the area. She
admitted that the outhouses are somewhat anchored but not in conformity with
the building code.
Chair Jellett clarified that Petrie
Island is 25 per cent public beach and 75 per cent an environmentally
significant area.
Doug Lazier was present and in support of the
recommendations. He confirmed that the
City ownes the access lanes entering the beach area where unopened road
allowances meet open waterfront. He
added that for decades, residents and guests used this access to the beach with
few problems. Recent problems are due
to a growth in population with more people becoming aware of the beaches at
Constance Bay. He pointed out that it
is not a public beach with parking facilities, lifeguards or city owned
facilities. He reviewed the
recommendations of the report filed with the City with the current situation
and concluded that it is unacceptable to homeowners.
Councillor El-Chantiry recapitulated
that previous suggestions were implemented such as removing sand from Auger’s
Beach and replacing it with boulders and anchoring the toilets to prevent them
from tipping. He argued that it is
unrealistic to suggest using the bathroom facilities at the community centre,
which is four kilometres away and not always open.
Carol Moffatt has been an area resident for
twenty years and supported having the portable toilets at the beach. Regarding the Beach Committee, she observed
that anyone opposing the common viewpoint has been forced out in the past and
advised that the Beach Committee had not reported to the general community of
Constance Bay for some time. She felt
this motion would have more credibility if it were a community-supported motion
rather than one promoted by one committee.
Gerald Jette was in support of the
recommendations and does not see a need for public toilets, which are a risk to
ecology. He emphasized that it is the
right of property owners and all Canadians to have clean and safe drinking
water and since the wells are on sand points, which are less than 30 feet deep,
they are at risk of contamination.
Kathy Black spoke on behalf of Anne
Auger and her husband
and explained the increasingly high number of beach users created crowding,
traffic, parking and filth. She pointed
out that the police have not been seen during the summer months to address
drinking, and drunkeness, including urinating on fences and yelling. Waterfront residents are entitled to their
privacy and only ask for respect, claiming that outhouses have not solved the
problem.
Councillor Brooks asked the delegate
to clarify the reduction of numbers and asked what a reasonable number would
be. Mr. Auger explained that when the
parking is full, it is nearly impossible to get through Bayview Drive.
Don Trowell, a resident for fifty years, spoke
in support. He explained that over last
couple of decades, his family and the Auger family have been most affected by
the beach area and suggested that the road allowance has been mismanaged, as
the 50-foot minimum has never been adhered to.
He further explained that one portable toilet was situated three feet
away from the cottage wall. Auger’s has
become a popular facility with up to 150 beachgoers, which leads to littering
and other issues.
Councillor El-Chantiry informed the
Committee that Mr. Ian Glen, President of the Constance and
Buckham’s Bay Community Association was not in attendance and read his submission. He stated the
introduction of portable toilets has reduced the number of people relieving
themselves in public places. Toilet
tipping and door slamming addressed and suggested building a fence around the
toilets to reduce their visual impact.
Councillor El-Chantiry read from a
written submission from the owners of the Point Dining Lounge, who
expressed support for keeping the portable toilets.
Councillor El-Chantiry read a
written submission from Frank Marchington, last Reeve of Torbolton Township,
which is held on file with the Clerk.
He noted that Torbolton created two washrooms in the fire station, which
were repeatedly vandalized by residents who wanted to reduce beach use by
others. The City is following what the
community has requested, while following the Community Design Plan. He urged the Committee to continue with the
public washrooms.
Ruth McClusky stated that she has lived in
Constance Bay with her two children for 13 years and is a member of the Beach
Committee and Residents Community Association.
She spoke of the disconnect between information being provided by
Councillor El-Chantiry, the City’s website and the Ottawa Public Health. She stated that the Building Code applies to
these toilets, which have insufficient clearance from sandpoint wells and the
soil around the structure is not raised to 15 cm above ground. As a homeowner she is concerned about the
water supply, adding the community centre is not 4 or 5 km from Auger’s beach.
Linda Lachance claimed that the Community Village
Plan states that the City would provide and maintain the toilets. She advised that the a community survey
indicated a majority of residents were in favour of toilets. She concluded by confirming her support of
beach users and the boat launch.
Councillor Brooks questioned if a
recommendation that the City purchase the vacant properties was given to staff
at the time the Village Plan was created.
Ms. Lachance advised that it was not known at the time of the creation
of the community design plan. She noted
that they received 300 signatures to rezone those accesses to open space /
water access, which would then be maintained and allow people to have a
facility to go to.
Councillor Brooks agreed that this
is one option and there may be more.
The City created Petrie Island as a public facility and people will
continue to go to Constance Bay; therefore there should be proper washroom
facilities and if it means purchasing property, then he is in support of this
solution.
In reply to questions from Chair
Jellett, Martha Robinson, Analyst, Environmental Health, Community and
Protective Services advised that that outhouses are an approved means of
disposing sewage under provincial regulations, although cannot comment on
whether these particular outhouses meet the building code without an
inspection. She informed the Committee
that the wells were tested individually and to her knowledge, the wells are not
contaminated.
Jean-Guy Albert, Program Manager of
Inspection and the Ottawa Public Health would be in support of keeping the
toilets and believed that regulations are in place to protect the soil,
environment and public health.
In reply to a question from
Councillor Thompson, Mr. Albert advised that inspections are not part of Public
Health’s mandate, but noted that the Parks and Recreation Branch are
responsible for maintenance. The Rideau
Valley Conservation Authority can investigate sewage complaints on behalf of
the Ministry. Derrick Moodie, Rural
Affairs Officer added that the portable washrooms are cleaned once a week and
the City has been working with a rental company to see if mitigation measures
can be implemented to reduce the door banging noise.
By-Law staff were not in attendance
to answer questions from Councillor Thompson with respect to parking and
enforcement.
Councillor Thompson opined that if
the portable toilets were removed, complaints would be exacerbated. He agreed that this area has to be looked at
further but in the meantime, access to beach cannot be blocked. Parking must be monitored and maintenance
continued until a permanent resolution is given.
Councillor Brooks listed the long
term options such as the prospect of purchasing property that would provide
parking, more access to the beach and more washrooms. He agreed with Councillor Thompson that regular maintenance
should continue to the beach area with respect to the garbage and
washrooms.
Councillor El-Chantiry asked if the
Committee could split the report recommendations to vote on them separately,
urging Councillors to vote in the negative for the first recommendation and
amending the second recommendation to consult the whole community in Constance
Bay.
Councillor Hunter pointed out that a
community facility is clearly stated in the community plan and advised that it
is beyond the ability of the community to recommend the removal of the portable
toilets. He spoke against the first
recommendation of the report and questioned if it should be ruled out of order
because it may be part of the Official Plan.
Tim Marc, Senior Legal Counsel
advised that the policies with respect to provisions of toilets are part of the
Community Design Plan and not the Official Plan; therefore the recommendation
is in order.
That the
Agriculture and Rural Affairs Committee recommend Council direct Parks and
Recreation staff to remove the
portable toilets placed for river access, situated in the floodplain within the
Village of Constance Bay.
Lost
yeas (0):
NAYS (5): Councillors El-Chantiry, Hunter, Brooks,
Thompson and Jellett
That the
Agriculture and Rural Affairs Committee recommend Council consult the Constance Bay Community Beach Committee on
alternative washroom facilities that prioritize a safe water supply and human
health, at an appropriate location, in tandem with all legislation.
carried, as
amended