OCD: Council By-law, Racing, Noise, Environmental Decision

A major Ward 1 issue was decided by Seguin council on June 7th. The issues surrounding the operation of the Ontario Camp of the Deaf (OCD) in terms of zoning, noise, and environmental damage were addressed by voting.

Will Seguin sue OCD for by-law infractions? No.

Will Seguin pass a by-law to enshrine a Memorandum of Understanding agreement with OCD to limit racing activities and related noise and environmental impacts? Yes.

Further details of the council meeting may be found in two Cottage Country Now articles...

'Seguin Votes to Leave Deaf Camp Alone'.

'Deaf Camp Agreement a Compromise, Mayor Says'.

The second article reports Mayor Conn's summary of the council's 4-3 decision to support the Memorandum of Understanding (MOU) agreement with OCD...

... it passed a memorandum of understanding and new bylaws; including racing time restrictions, limits to the number of races, enforced muffler use, stipulations the camp adhere to Ministry of the Environment noise limits, and an order it undergo an environmental audit and meet any environmental recommendations the audit produces.

As I've expressed in previous posts, my main concern was about the noise pollution issue - that OCD must conform to MOE limits on noise.

Here's the related excerpt of the MOU agreement...

COMMITMENTS OF THE MISSION [OCD]

2. c. adopt follow and implement the findings/recommendations contained in the noise report of the August 8, 2009 racing report, subject to the modifications, etc. outlined in the peer review completed by the Townships noise consultant, which findings/recommendations shall include among other things, implementation of applicable MOE Guidelines, construction of berms or planting of vegetation on the property, implementation of sound muffling devices on vehicles and other operational protocols, etc.

I'm satisfied in that quantifiable measures will set the limit of legal noise for by-law enforcement. Now, the key is the strict enforcement of the by-laws. I've also called for high, escalating fines for infraction. Without high fines imposed, noise limits may be exceeded and paid simply as a cost of doing OCD business.

The noise issue could be improved upon even more by OCD adhering to the highest standards of Ontario racetrack noise reduction levels. This option - especially considering that fact that OCD is in a residential and wildlife zone - actually makes more sense.

Another element of OCD operations not addressed by the MOU is the existence of an extensive forest trail system on OCD property (60 km of trail by some estimates) used by motorized vehicles which is not officially classified as racetrack. This is a failing on the part of Seguin's MOU in that it does not address the entirety of OCD (potentially commercial) operations. I suspect an expansion of the scope of OCD commercial operations over the years and far beyond the scope in any past agreement or understanding with the former Foley Township.

How would I have voted?...

Sue OCD for zoning infraction? Nay (not for racing activities in place as of the date of amalgamation).

Pass the MOU as written? Nay. The MOU which passed 4-3 , in my opinion, fails to consider the total scope of OCD motorsport operations. The current MOU, while requiring MOE noise pollution limits, doesn't punish commercial offenders sufficiently for infractions and fails to consider all motorsport activity conducted on OCD property.

Emails: Got Transparency?

As transparency of action and words in Seguin's council seems likely to be an important issue in this upcoming 2010 election (Oct. 25th), I've added a new tag item: 'Emails'. In this way, dear reader, you may follow my words of correspondence. I would like everyone to know that if you email me, my response (if I do respond) will be contained in this blog. You want transparency? You got it.

Below is the email which has inspired me to tag my emails....

Thanks, for the additional, [John McCash, President of the Three Lakes Ratepayers Association].

I only post my own words for public consumption unless granted
permission to quote by the correspondent. Any position inferred to
you by my posted reply is nothing more than previously contained in
your letter to Mayor and council. The reason why I blog so
extensively is because I am a True Believer in transparency.
Certainly within the domain of public administration on a municipal
level - there's no state secrets. Divisions and suspicions grow in
the absence of information. Access to information aides understanding
of official action or is a means to check it. As the strength of
science is tested by peer review.

Even such emails between interested parties (as you've sent me
unsolicited) has the aspect of back room dealing which I abhor. Four
years ago I embraced blogging as a tool for transparency - for good or
ill - and know its liberating effect. I urge you to do the same for
the enlightenment of your association members and the benefit of any
interested third party. Blogging is free and as easy as sending an
email. I recommend http://www.blogger.com/home. You can start to go
public, spread your message in less than five minutes - guaranteed.
If you plead transparency in government, isn't the best argument
supported by example?

Back to topic: the Seguin [council] MOU [memorandum of understanding] tactic is troubling in timing and
effect. I suppose - not knowing the minds of council - that they act
in a manner they feel will reward them come election time. That seems
obvious, for such is the nature of most politicians. If their
respective lake association members do not feel as ardently concerned
as your own, council members may not feel sufficiently endangered in
terms of re-election.

What is the position of other Seguin association presidents on this issue?

Curiously,

Bill Pocock

The Wrath of Lake Associations

In the interest of transparency, I include here (below) a copy of an email I've sent in reply to John McCash, President of the Three Lakes Ratepayers Association, on the issue of Ontario Camp of the Deaf motor sport racing noise pollution.

John,

Much food for thought in the OCD related correspondence you've provided me to consume. Thank you for your reporting and analysis.

As a candidate for Ward 1 councillor in the 2010 Seguin election, I've gone public with my take on the issue in a recent Beacon Star letter to the editor...

http://oneseguin.blogspot.com/2010/04/letter-to-editor-seguin-noise-pollution.html

Therein I focus on the measured, illegal production of noise pollution caused by OCD motor sport events. I set aside the zoning issue as it could ultimately only be decided by the court. I also disregard the charitable work conducted by the property owners as it is a distinctly different activity not in question.

In my letter, I urge Seguin's council to either amend the existing by-law, or create a new commercial noise pollution by-law with high, minimum fines that escalate with each additional infraction. In this respect, I'm the 'tough on crime' candidate. Clearly, a strong administrative emphasis on enforcement is called for in my proposed solution. The lack of strict enforcement of an effective noise pollution by-law, I believe, has a highly corrosive effect on community trust in an public administration elected to represent the interests of the people. I'd like such a by-law to come into being now. I think you've got a good idea with special permits to limit the number of annual events. I also feel that the OCD land owners need to build effective sound abatement structure that will reduce the level of noise to provincial standards in order not to pay the high fines associated with unlawful levels.

I've also stated, in my One Seguin blog (www.oneseguin.blogspot.com), that I prefer an out of court settlement to the issue due to the costs associated with a legal action for all parties. As the ultimate legality of OCD commercial activities cannot be determined without a ruling, I set zoning aside in order to clearly deal with what I consider to be the core issue of noise pollution.

With you, I find the current administration shows a disappointing lack of transparency in process, and also reporting (e.g. 2006 is the last year of key performance indicators reported on the Seguin website - http://www.twp.seguin.on.ca/742/key_performance_indicators.htm). As an MBA and former public sector management consultant, I can't understand how Mayor Conn (a former CEO with a BBA) would allow such a narrow, generic range of reporting with lack of operational detail, and overall opacity to persist. I just don't understand the reasoning.

The undiscovered country of Seguin Township operations boggles my mind, frankly, as I assume whatever reporting generated within public administration would, in logical progression, be presented on the township website at end of process. There's no reason not to present reporting. It's the easiest thing in the world to upload the info on to the web....But this is a different subject area, and I'm reluctant to dig deep into this soil at the moment.

Finally, I think it is highly significant that you and your lake association are wading into this even though your members aren't personally impacted by the noise (as I am). The received wisdom is that Seguin council members win and lose their seats on the strength of lake association member votes.

I'm off to hug a tree in the whirlwind.

Regards,

Bill Pocock

Candidate for Ward 1, Seguin Township
www.oneseguin.blogspot.com

P.S. First I have to post this email on my blog for the sake of transparency.

Letter to the Editor: Seguin Noise Pollution

Here's the transcript of my letter to the local paper (click link for on-line text at www.cottagecountrynow.ca)...

I support Ontario Camp of the Deaf’s effort to raise charitable funds in a legal manner. I’m a former, scarred, motorcycle rider and now ATV and sled guy. I support motor sport enthusiasts as long as everyone is acting within the law.

While the camp’s motor sport racing may be considered a “legally non-conforming” activity, the motor sport related noise level was measured as illegal (by independent consultants hired by Seguin) based on Ministry of the Environment standards.

Let’s be perfectly clear. The camp’s disputed commercial zoning issue is separate from the illegal noise pollution issue.

Mr. Chidley, according to this newspaper’s April 23 article, intends to wait until his possible re-election in order to deal with the noise pollution issue in Ward 1. Noise pollution created by the camp’s motor sport racing should be dealt with now.

Politicians have put off fixing this noise pollution problem for too long. First Foley’s, now Seguin’s council continue to permit illegal noise to pollute the residential area surrounding the camp without effective, measurable municipal by-laws in place which are strictly enforced. Seguin has got to get tough and stay tough.

Seven months remain before the end of Mr. Chidley’s term as Ward 1 councillor. It is outrageous that Mr. Chidley will allow area residents to suffer another long summer of illegal noise pollution without action. An enforceable noise pollution by-law with high, escalating minimum fines for any repeat commercial offender needs to pass now. Mr. Chidley wants to wait until 2011 to - maybe - fix the problem. Mr. Chidley wants area residents and cottagers to suffer - for no valid reason - another summer of illegal noise pollution. If Mr. Chidley will not act now, Mr. Chidley will not act later.

Bill Pocock

Candidate for Ward 1 councillor
Seguin Township

Chidley's Running

I salute Ward 1 incumbent Alex Chidley's decision to run for re-election in Ward 1 (for the announcement article by Cameron Ginn in Cottage Country Now - click link). It's important for people to have a choice of candidates for Ward 1. That's democracy and I wouldn't have it any other way.

Let's look at how I differ with the other candidate.

The article states:

Heading Chidley’s agenda are a number of priorities he hopes to address with another term, such as the construction of a new fire hall and a public library, as well as a community centre that would be amalgamated with the Foley Agriculture Society.

A new public library and community centre is in line for new construction - according to my sources - in the next term whether Mr. Chidley is elected or not. So, that's not an issue.

I'm a huge supporter of public libraries and community centres as they form the hub of area activity. This is clearly missing in Foley and will be addressed regardless.

I take up the idea of Ward 1 resident, C.R. Fares. His idea of refurbishing the old skating rink in Foley is a good one. Let's put a roof over with exposed sides that would keep snow off the ice.

This four season structure would serve as an activity centre for area youth to play ball hockey or for skateboard use even on rainy days. That and a hundred other uses. C.R. and I are both carpenters. I'm sure, with many area construction-skilled volunteers, we could significantly reduce the building cost by donating labour. Why not make it a traditional timber frame structure? Do an old time barn frame raising.

Such a traditional wooden barn frame structure is not only at the heart of Foley agricultural history, but is the very essence of communal volunteer effort that celebrates the true pioneer spirit and character that is the legacy of our Foley ancestors. Something we could be truly proud of and display for all to see. That's what I would like to do.

The article continues...

After re-election, Chidley plans to end an ongoing dispute in his ward, where some residents have expressed discontent with the noise of high-revving engines being generated by ATVs and dirt bikes at the Camp for the Deaf.

Politicians have put off fixing this noise pollution problem for too long!

First Foley and now Seguin council continue to permit illegal noise to pollute the residential area surrounding the camp without effective by-laws or enforcement. Independent tests clearly show that provincial noise law has been broken.

Says Mr. Chidley in the article...

“Certainly, something has to change dramatically to make sure these people aren’t having to listen to this noise weekend after weekend.”

There is still seven months remaining before the end of the current term - and a whole summer of racing. It is outrageous that Mr. Chidley will allow area residents to continue suffering.

An enforceable noise pollution by-law with high, escalating minimum fines for any repeat commercial offender needs to pass now.

Mr. Chidley wants to wait until 2011 to - maybe - fix the problem. Mr. Chidley wants area residents and cottagers to suffer through yet another summer of noise pollution.

If Mr. Chidley will not act now, Mr. Chidley will not act later.

ISSUE: Ontario Camp of the Deaf

Seguin Township is home to the Ontario Camp of the Deaf (OCD) founded in 1962. One of the current issues in Seguin municipal politics involves the controversial operation of motorsports on the camp property and the noise pollution created as a result of that activity.

A good background article (by Jack Tynan) on this issue is available at the Cottage Country Now website (click on link to read). I will quote from this article during this post.

An excerpt from the article:

At the centre of the disagreement sits the argument over whether the camp can continue to allow racing based on its rights to do so being grandfathered in because it sat within commercial zoning in the former Foley Township – a zoning that permitted “an amusement area” and a “place of entertainment” under long-since-replaced Foley zoning regulations. Now that Foley is part of Seguin Township, the camp sits in a residential area, but its legal representative argues that law protecting existing activities amid zoning changes means camp sporting events can continue.

MY INITIAL THOUGHTS ON THE ISSUE:

This weekend I campaigned door-to-door for the first time for the fall election. When speaking with constituents I stated that, to my knowledge, council had come to an agreement with the camp's management to operate with the condition that provincial noise pollution regulations were observed and enforced.

To avoid a legal battle, Seguin Township representatives have proposed a memorandum of understanding that would limit race and practice times and put noise limits on track operations at the camp.

Seguin council has 'proposed' but not finalized any agreement with the Ontario Camp of the Deaf. I mistakenly assumed that an agreement had been passed by council. I apologize for representing my views on a subject in which I was not fully informed.

I'm still not fully informed. I have spoken with representatives of a group who oppose the camp motorsport operations while supporting the camp's charitable activities. They say they have documents in support of their case, but have so far refused to disclose them to me. They have my e-mail address, but have not forwarded copies to me for my consideration. I have not yet spoken to Camp Director, Derek Rumball.

“The Ontario planning act said we have to build in some exception for people who have been using the property a certain way for years,” said Ed Veldbloom, Seguin Township’s legal consultant on the issue. “If you are there before the zoning regulations come in, you are legally established.”

Here is a link to The Planning Act on-line.


HERE'S HOW I SEE THE ISSUE BASED ON CURRENT INFORMATION:

• Nobody (in their right mind) is against the Ontario Camp of the Deaf charity in helping people who are deaf.

• The charitable activities of the camp are essentially distinct from the commercial motorsport activities carried out on camp property.

• It is misleading to suggest that complaints about noise violations from commercial motorsport activities on camp property is an attack on the camp's charitable work.

• The OCD Information Package (click link to view) presents evidence to support claims that motorsport racing on camp property has exceeded provincial legal limits on rural noise.

• OCD Motorsport activity was legally permitted under the former Foley Township. The Ontario Planning Act states that previous commercial property use be carried forward into (now amalgamated) Seguin Township.
  

• Motorsport activity should be permitted on camp property in accordance with the Ontario Planning Act.
  

• Provincial quantitative noise laws must be respected. Seguin needs to adopt quantitative (measurable) noise by-laws in line with provincial standards. Seguin needs to rigorously enforce a revised by-law with minimum fines.

• I prefer this issue to be resolved by an out-of-court solution between the Ontario Camp of the Deaf and area residents as represented by Seguin council members.