AGENDA By-law Committee 9:00 a.m. September 3, 2014 Basement Boardroom, City Hall 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

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1 AGENDA By-law Committee 9:00 a.m. September 3, 2014 Basement Boardroom, City Hall 1. CALL TO ORDER 2. ADDITIONAL ITEMS 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. CONFIRMATION OF MINUTES a. August 6, 2014 p DEPUTATIONS/PRESENTATIONS a. None. 6. CORRESPONDENCE RECEIVED FOR WHICH DIRECTION OF COMMITTEE\BOARD IS REQUIRED a. None. 7. REPORTS AND MATTERS TABLED a. J. Smith: Report Re: Downtown Improvement Association Garbage Concerns p. 6-9 b. J. Smith: Report Re: Parking for Committee Members p OTHER BUSINESS 9. CORRESPONDENCE RECEIVED WHICH IS PRESENTED FOR THE INFORMATION OF THE COMMITTEE a. By-law Committee Action Tracking List p. 14 b By-law Committee Action Plan p ADJOURNMENT September 3, 2014 By-law Committee Agenda Package - Page 1

2 MINUTES By-law Committee August 6, 2014, 9:00 a.m., Basement Boardroom, City Hall MEMBERS PRESENT: MEMBERS REGRETS: STAFF PRESENT: Councillor David Adair - Chair Councillor Jan Chamberlain Vice Chair Councillor Arlene Wright Councillor Colleen Purdon R. Coursey, City Manager J. Smith, By-law Coordinator L. Kazarian, Legislative Coordinator L. Vanwyck, By-law Enforcement Officer 1. Call to Order The Chair called the meeting to order at 9:00 a.m. 2. Additional Items None. 3. Disclosure of Pecuniary Interest and the General Nature Thereof None. 4. Confirmation of Minutes a. Minutes of the By-law Committee meeting held on June 4, Deputations Moved by Councillor Chamberlain That the minutes of the By-law Committee meeting held on June 4, 2014 as printed be adopted. Carried. a. C. Bigley: Handling of Garbage in the Downtown Improvement Area C. Bigley, Administrator for the Owen Sound Downtown Improvement Area (OSDIA) noted that the OSDIA Board is concerned with garbage downtown and described the initiatives it has undertaken to keep downtown clean, including working with by- By-law Committee Minutes August 6, 2014 Page 1 of 4 September 3, 2014 By-law Committee Agenda Package - Page 2

3 law enforcement and OSDIA maintenance staff to ensure garbage is cleaned up as soon as possible. The OSDIA requested that: the City work with the OSDIA to reduce the time it takes to pick up garbage downtown the OSDIA be provided with information on any garbage by-law violations within the OSDIA boundaries the City inform the OSDIA if there is any objection to mounting cigarette butt receptacles (not coffee cans) and/or dog waste bag dispensers on private property downtown, the expense to be covered by the OSDIA or the Property Owner The By-law Committee noted they also have concerns with garbage being left around the City and commended the OSDIA for their work keeping downtown clean and for the work they do for maintaining flowers. The Committee requested that staff provide a media advisory reminding residents not to put garbage out on their lawn. Moved by Councillor Wright That in consideration of a deputation by C. Bigley, Administrator for the Owen Sound Downtown Improvement Area (OSDIA), the By-law Committee directs Staff to prepare a report for the next By-law Committee meeting respecting the following matters identified by the OSDIA: 1. placement of cigarette butt receptacles downtown by the OSDIA; 2. placement of a dog waste bag dispenser downtown by the OSDIA; 3. streamlining the City s process for removing garbage bags left downtown without a garbage bag tag, at a prohibited time or at a prohibited location; 4. notifying the OSDIA of garbage by-law violations within the OSDIA boundaries. Carried. 6. Correspondence Received for which Direction is required None. 7. Reports and Matters Tabled a. J. Krauter: Tabled Report Re: Closure of the Scopis Parking Lot M. Canton, Manager for the Roxy Theatre thanked the By-law Committee for the parking passes and described how useful the passes were to theatre volunteers. The Committee noted that the parking passes were provided to the Roxy Theatre until the Scopis lot is sold or leased. By-law Committee Minutes August 6, 2014 Page 2 of 4 September 3, 2014 By-law Committee Agenda Package - Page 3

4 Moved by Councillor Wright That in consideration of a tabled report dated November 29, 2013 from the Manager of Revenue respecting Scopis Parking Lot Closure, the Bylaw Committee recommends that City Council: 1. close and do not provide winter maintenance for the Scopis Parking Lot between December 1 and March 31 each year; 2. direct staff to prepare a by-law to amend the Traffic By-law to effect the closure; and 3. continue to provide three complementary parking passes to the Roxy Theatre for the Scopis lot that are valid when the lot is open. Carried. b. J. Smith and L. Kazarian: Report & Presentation Re: Business Licencing By-law The By-law Coordinator provided a PowerPoint presentation respecting the report and noted the following: Draft Business Licencing By-law Delegation of Powers and Duties Proposed Fees By-law Enforcement and Set Fines (tickets) Application Process Housekeeping The By-law Committee clarified that special events currently are required to obtain a Hawker Peddler licence if goods or services are sold at the event. Moved by Councillor Wright That in consideration of Staff Report CL respecting the Business Licencing By-law, the By-law Committee recommends that City Council adopt the following draft by-laws as attached to the report: 1. the Business Licencing By-law; and 2. the By-law to Amend By-laws No , , and to Repeal Policy CrS-C24 to Change Business Licencing Fees and for Housekeeping Purposes Related to the Enactment of the Business Licencing By-law. Carried. By-law Committee Minutes August 6, 2014 Page 3 of 4 September 3, 2014 By-law Committee Agenda Package - Page 4

5 c. J. Smith: Report Re: Pesticide By-law Moved by Councillor Chamberlain That in consideration of Staff Report CL respecting the Pesticide By-law, the By-law Committee recommends that City Council direct staff to prepare a by-law to repeal the City s Pesticide By-law No Carried. 8. Other Business None. 9. Correspondence Received which is presented for Information a. Excerpt of Traffic By-law Heavy Vehicle (Parking) The By-law Coordinator explained that to issue tickets for heavy vehicles parking in areas where they are not permitted, the City s Traffic By-law No would need to be amended and an application to write tickets would need to be submitted to an Ontario Court Judge. The By-law Committee directed staff to consider this in the 2015 work plan. b. Excerpt of the Sign By-law Signs on City Property (Garage Sales) The By-law Coordinator explained that garage sale signs are not permitted on City Property and if found, by-law enforcement officers will remove garage sale signs and speak to the organizer. The Committee clarified that any person occupying a street to paint a wall requires a Street Occupation Permit issued by Engineering Services. c. By-law Committee Action Tracking List The Committee took no action on this item. d. By-law Committee 2014 Action Plan Timeline 10. Adjournment The Committee took no action on this item. The business having been completed, the Chair adjourned the meeting at 10:40 a.m. By-law Committee Minutes August 6, 2014 Page 4 of 4 September 3, 2014 By-law Committee Agenda Package - Page 5

6 Staff Report where you want to live Report To: By-law Committee Report From: Jeff Smith, By-law Coordinator Meeting Date: September 3, 2014 Report Code: CL Subject: Downtown Improvement Association Garbage Concerns Recommendations: That in consideration of Staff Report CL respecting Downtown Improvement Association Garbage Concerns, the By-law Committee receive the report for information. Strategic Initiative: Responding to concerns from the downtown business community contributes to the strategic area of Community Building by listening to our citizens. Background: At the By-law Committee meeting on August 6,20t4, C. Bigley, Administrator for the Owen Sound Downtown Improvement Association (OSDIA), provided a deputation respecting the handling of garbage in the downtown improvement area. In consideration of this deputation, the By-law Committee passed the following motion: "That in consideration of a deputation by C. Bigley, Administrator for the Owen Sound Downtown Improvement Area (OSDIA), the By-law Committee directs Staff to prepare a report for the next By-law Committee meeting respecting the following matters identified by the OSDIA: 1. placement of cigarette butt receptacles downtown by the OSDIA; Report: Downtown Improvement Association Garbage Concerns Page 1 of 4 September 3, 2014 By-law Committee Agenda Package - Page 6

7 2 3 4 placement of a dog waste bag dispenser downtown by the OSDIA; streamlining the City's process for removing garbage bags left downtown without a garbage bag tag, at a prohibited time or at a prohibited location; notifying the OSDIA of garbage by-law violations within the OSDIA boundaries." Analysis: This report has been prepared at the By-law Committee's direction to respond to the OSDIA's four requests identified in the resolution above. Request #l - Placement of Cigarette Butt Receptacles by the OSDIA City staff have no concerns with the OSDIA placing small, wall mounted, cigarette butt receptacles downtown where all costs related to purchase, installation and maintenance are covered by the OSDIA. The City has implemented the Owen Sound Harbour and Downtown Urban Design/Master Plan Strategy (the "Strategy") which provides guidelines for street furniture in the downtown area. The Strategy recommends that large pieces of street furniture are easy to maintain and black in colour to match lighting downtown. While the small, wall mounted, cigarette butt receptacles contemplated by the OSDIA would not be considered street furniture, staff recommend that the OSDIA consider easy maintenance and urban design guidelines when choosing cigarette butt receptacles. Request #2 - Placement of a Dog Waste Bag Dispenser by the OSDIA City staff have no concerns with the OSDIA mounting small dog waste bag dispensers to the OSDIA's information kiosk downtown, provided all costs related to purchase, installation and maintenance are covered by the OSDIA. Request #3 - Streamlining the process for Removing Garbage Bags The City's process for removing garbage bags left downtown is set out below: 1. Once By-law Enforcement Officers receive a call from the OSDIA, store owners or general public, an Officer is dispatched to respond to the call, Report: Downtown Improvement Association Garbage Concerns Page 2 of 4 September 3, 2014 By-law Committee Agenda Package - Page 7

8 2. The Officer inspects the garbage bag to determine if there is a violation: a. if there is no violation, the Officer may be required to return after the Waste Management By-law requires the bag to be removed, or b. if there is a violation, the Officer "tags" the bag with the date, time, location & their initials. 3, By-law Enforcement calls the Public Works Department to remove tagged garbage bag. 4. Staff from the Public Works Department pick up the garbage bag & take it to the works building for evidence. For the quickest response, By-law Enforcement recommends contacting them directly by phone at extension 502 or 503. W th current By-law Enforcement and Public Works staff, there is little that can be done to streamline the City's process for removing garbage bags downtown. Delays in the process above are likely the result of staff performing their other duties. Request #4 - Notice of Downtown Garbage By-law Violations For the purposes of protecting personal information, staff cannot provide the OSDIA with invoice letters sent to individuals respecting by-law violations. Police department staff do not recommend that By-law Enforcement Officers prepare a summary document of downtown garbage violations and note that officers have other priority duties. Financia l/ Budget Implications: This report contains no financial budget implications. The OSDIA has indicated that they will be responsible for all costs respecting the purchase, installation and maintenance of cigarette butt receptacles and dog waste bag dispensers downtown. Communication Strategy: This report has been communicated to the OSDIA. Report: Downtown Improvement Association Garbage Concerns Page 3 of 4 September 3, 2014 By-law Committee Agenda Package - Page 8

9 Consu ltation By-law Enforcement Officer, Inspector MacKinnon, Manager of Planning and Heritage, Community Planner, Environmental Supervisor, OSDIA Administrator Attachments: None. Prepared By: Reviewed By: Submitted By: Jeff Smith Kristen M. Van Alphen A. Ruth Coursey Report: Downtown Improvement Association Garbage Concerns Page 4 of 4 September 3, 2014 By-law Committee Agenda Package - Page 9

10 Staff Report where yoû want to live Report To: By-law Committee Report From: Jeff Smith, By-law Coordinator Meeting Date: September 3, 2OI4 Report Code: CL Subject: Committee Parking Passes Recommendations: That in consideration of Staff Report CL respectíng Committee Parking Passes, the By-law Committee receive the report for information. Strategic Initiative: Responding to concerns from Committees contributes to the strategic area of Community Building by listening to our citizens. Background: The lune tt,2014 Cultural Advisory Committee minutes reflect the following: "Robert Garnett Re: Parking for Volunteers. Robert inquired about being able to park outside of the Gallery at the parking meters using his Committee parking pass when attending Committee meetings. Councillor Adair advised that he will bring this inquiry to the By-law Committee." Policy CrS-BL3 sets out the terms of use for parkíng passes, including Committee Parking Passes issued to committee members (see attachment 1). This policy was last reviewed by the By-law Committee in October Analysis: The terms of use for Committee Parking Passes allow committee members with a parking pass to park in Lot 1 (or if Lot 1 is full, Lot B or metered Report: Committee Parking Passes Page 1 of 4 September 3, 2014 By-law Committee Agenda Package - Page 10

11 parking on lst Avenue East) while conducting committee business. A copy of the terms of use is provided with each Parking Pass when it is issued. Committee members with Accessible Parking Passes may park in any City parking space in accordance with the City's Traffic By-law. Staff do not recommend making any changes to the terms of use for Committee Parking Passes at this time to ensure consistency with Employee Parking Passes and to keep high-demand parking spaces in front of City facilities available for patrons. The existing terms of use for a Committee Parking Pass are similar to the terms of use for Employee Parking Passes (though staff must park in Lot B during the summer). The intent of these parking passes is to keep users in lower-demand parking lots rather than in high-demand areas or where parking is limited. There are I regular parking spaces directly in front of the library and 5 parking spaces directly in front of the art gallery. In total, there are 4 accessible and 39 regular on-street parking spaces in the 800 block of 1't Avenue West (see air photo, attachment 2). Fi na nc a I / Budget Im pl ications: There are no financial/budget implications associated with this report Communication Strategy: Parking information is communicated on the City's website. Terms of use for parking passes are distributed with each parking pass when it is issued. Consultation Director of Financial services, Supervisor Support Services - parking Attachments: 1. Excerpt of Policy CrS-BL3- Committee Parking pass 2. Air Photo - Parking on 1st Avenue West Prepared By: Reviewed By: Submitted By: Jeff Smith Kristen M. Van Alphen A. Ruth Coursey Report: Committee Parking Passes Page 2 of 4 September 3, 2014 By-law Committee Agenda Package - Page 11

12 Attachment 1 Excerpt of Policy CrS-BL3 Committee Parking Pass 5. COMMITTEE PARKING PASS Description OWEN SOUND ONTARIO COMMITTEE PARKING Committee Member parking passes are pink in colour and bear the wording Committee Parking # # # and a verification number associated with the Committee member. Passes are to be secured on the inside, lower right hand corner (passenger side) of the windshield. Authority to Distribute These passes are distributed and provided by the Clerks Department. The Clerks Department will void the pass when a Committee Member is no longer engaged with the City or in the event that the pass is lost, stolen, damaged, or replaced for a new vehicle. A copy of this policy must accompany the pass when issued. Eligibility Any public (non-council) member of a Committee formally recognized as an official Committee by the Clerk s office is eligible for a Committee parking pass during their term of office. Validity Committee passes are valid from the date of appointment to a respective Committee until the expiration of the term of service as outlined by the Deputy Clerk (February annually). Terms of Use Committee parking passes allow the bearer to park in Lot 1 while conducting business associated with the Committee In the event that Lot 1 is full, Lot 8, or metered parking on 1st Avenue East may be used. All other rules for these spaces apply. This pass does not permit the bearer to: Park in an accessible parking space without an accessible parking permit; Park in a paid parking space free of charge, other than as indicated above; Park in Loading and Unloading Zones other than to conduct the business of loading and unloading in accordance with the Traffic By-law; Contravene any part of the Traffic By-law for other restricted areas (i.e. no stopping zone); Exceed posted parking time limits or park when parking is prohibited; Park for reasons unrelated to fulfilling their duties; Transfer the pass to any other person. Page 3 of 4 September 3, 2014 By-law Committee Agenda Package - Page 12

13 Attachment 2 Air Photo Parking on 1 St Avenue West Page 4 of 4 September 3, 2014 By-law Committee Agenda Package - Page 13

14 Res. Date yr-mo-dy Staff Responsible DESCRIPTION Status Comments Date Completed By-law Coordinator Extended Parking Licence Review Identified by the Committee as one of the "top 10" by-laws to review Recommended for future Action Plans By-law Coordinator Waste Management By-law Review Delayed. Recommended including in future Action Plans Focus on Bag Tag Appeals By-law Coordinator Fireworks Exemption in Noise By-law To be included when Noise By-law is amended Include fireworks exemption in the Noise By-law per the Fireworks By-law Chief of Police Use of Municipal By-laws to Regulate Highway Traffic Act Violations At the pre-budget meeting on December 10, 2012, Council requested the Chief of Police to provide a report on this matter By-law Coordinator Off Street/Boulevard Parking Policy Work delayed per 2013 Action Plan Develop a policy for Off Street/Boulevard Parking working with By-law Enforcement, Engineering and Financial Services By-law Coordinator Notice By-law Review Reviewed as part of the Six Mandatory By-laws review Scheduled in 2014 Action Plan By-law Coordinator Accountability & Transparency Policies Review Reviewed as part of the Six Mandatory By-laws review Review suggested in By-law Coordinator Council Meeting Procedure By-law Review Reviewed as part of the Six Mandatory By-laws review Scheduled in 2014 Action Plan By-law Coordinator Animal Cruelty Investigation Services Staff communicating with OSPCA to clarify if animal cruelty investigation services will resume in Grey and Bruce Counties. Update expected early By-law Coordinator Council Code of Conduct The Committee directed staff to include on 2015 By-law Manager of Revenue Manager of Revenue By-law Coordinator New Parking Lot Directional Signs and Adding Numbers to Existing Signs Standardizing Downtown Parking Provisions for Easy Communication Keeping of Certain Kinds of Animals Bylaw Review Committee Work Plan. New signs have been partly implemented. Full implementation delayed due to staffing concerns. Will be reviewed in annual parking review. Requested for By-law Coordinator Property Standards By-law User Guide Draft produced, being reviewed Manager of Revenue Scopis Parking Lot Review Inspector MacKinnon By-law Complaint Process BY-LAW COMMITTEE ACTION TRACKING - To Be Completed No response recieved from Request for Proposals. Tabled report presented to the Committee August 6, 2014 By-law Coordinator has asked if Inspector MacKinnon can provide this information for the Committee. Committee requested that implementation be prioritized. Manager of Revenue noted this will be included in annual parking review due to staffing concerns Review in consideration of the letter from S. Moss On April 2, 2014, the Committee requested that the process for a resident to appeal an order issued under the Property Standards By-law should be posted online with this user guide. On February 5, 2014, the Committee wished to reconsider the recommendation in the Manager of Revenue's report at their meeting in August 2014 To receive information respecting the procedure for public complaints about the by-law enforcement process or an officer. Page 1 Committee Action Tracking September 3, 2014 By-law Committee Agenda Package - Page 14

15 2014 By-law Committee Action Plan Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Approximate Duration Scope/Notes Comprehensive Business Licensing By-law Review 2 5 months Started in 2013 Accessible Parking & Parking on Private Property By-law 2 5 months Started in 2013 Scopis Parking Lot Review 2 6 months Started in 2013 Delegation of Powers & Duties Policy Review 1 4 months Review Policy CrS-C27 for powers currently delegated by Council Delegating new powers not included Notice By-law Review 2 4 months Complete review of By-law Council Meeting Procedural By-law Review 4 6 months Complete review of By-law Annual Parking System Review 1 3 months Annual Review in October 2014 Implementation following as required Action Plan 2 months Review 2014 Action Plan Develop 2015 Action Plan September 3, 2014 By-law Committee Agenda Package - Page 15