Are Mississippi Mills’ mayor, councillors and senior staff exempt from complying with laws and legal documents?
Steve Maynard
Mississippi Mills’ Mayor, Councillors and senior staff are standing firm on their claims that park development in Mississippi Mills conforms to the Community Official Plan. Councillor John Edwards even takes it a step further in his “Letter From Rio” stating unequivocally that “The manner in which recreation projects are being brought forward is through a proper consultative public process which is consistent with the Community Official Plan.” I have asked the Mayor, Councillors and senior staff several times to provide me with the documents that prove they do conform. They cannot.
Section 1.1 of the Community Official Plan states (with my added capitalization) “The Mississippi Mills Community Official Plan IS A LEGAL DOCUMENT containing the goals, objectives and policies which guide the development, growth and change of the Town of Mississippi Mills. This Plan is intended to assist Town Council and its various committees, municipal staff, developers, government agencies and the public in their efforts to maintain and strengthen the environmental, economic, physical and social fabric of the Town of Mississippi Mills.”
Section 3.7.9 of the Community Official Plan states (with my added capitalization) “The development of new parks or significant changes to existing parks SHALL BE CARRIED OUT THROUGH A THREE STAGE PROCESS. THE FIRST STAGE SHALL INVOLVE PUBLIC CONSULTATION on the function of the park, needs of the anticipated uses and specific features or characteristics valued by the residents. THE SECOND PHASE SHALL INCLUDE THE DEVELOPMENT OF A GENERAL CONCEPT PLAN AND COST ESTIMATE, prepared by a recreation planner or landscape architect, in conjunction with interested members of the public. THE FINAL STAGE SHALL INCLUDE A DETAILED SITE DEVELOPMENT PLAN AND THE IMPLEMENTATION AND PHASING OF THE PARK PLAN.
Effective January 1, 2016, the Municipality is also required under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 (AODA) to make outdoor play spaces accessible. Public outdoor play spaces include: play equipment and structures (e.g., slides, swings and splash pads); and natural features (e.g., logs, rocks, sand or water intended for play). To meet the requirement, the Province requires that the Municipality must (with my added capitalization):
- CONSULT WITH THE PUBLIC AND LOCAL PEOPLE WITH DISABILITIES BEFORE YOU (the Municipality) DESIGN AND BUILD PUBLIC OUTDOOR PLAY SPACES (municipalities must also consult with their accessibility advisory committees).
- Enhance the play area with features that will allow children and caregivers with a wide range of abilities to play
- Make the surface of the play space firm and stable so people using mobility devices can move around easily and prevent injuries
- Ensure there is enough space around the play features; children and caregivers with disabilities should be able to move easily into the play areas and around play equipment
Without the required public input, proper concept plans and estimates, and a detailed plan, park development continues to be undertaken at what appears to be the whim of the Mayor, Councillors and senior staff. No consideration is being given to how the residents of Mississippi Mills really would like THEIR parks to be developed, what facilities are available to them, and accessibility. The result is that parks are being developed and changed with massively costly, non-compliant, and unnecessary scopes of work. Gemmill Park is budgeted at just under a million dollars and this will skyrocket because: accessibility has not been considered; water and sewage services to the splash pad and new change rooms/washrooms for the Tennis Club are not a current budget item; and without a final plan, accurate budgets cannot be provided.
In addition to complying with the Community Official Plan, the Gemmill Park Project, Millrun Park development, and future Riverfront Parks development must comply with the AODA.
I hope that all concerned residents and taxpayers of Mississippi Mills send emails and letters to the Mayor and Councillors requiring that they follow the Community Official Plan and the Accessibility for Ontarians with Disabilities Act for park development and change by: involving the public and local people with disabilities in designing the facilities; creating general concept plans and estimates with the input of the public; and having final plans ready BEFORE tenders are put out for the projects. The Municipality cannot continue to ignore laws and legal documents.
Anybody who would like additional information or clarification of the Municipality’s legal responsibilities in developing parks, please email me at millsparks@bell.net.
