November 2017
GET READY for the
SURGING SEAS
Inside the November 2017 issue of
E B I R BSC
Access great feature articles like these, plus our must-read regular columns each month!
CONTENTS
volume 127, number 11
GET READY for the
CROSS ENGAGEMENT
SURGING SEA
10 BEST PRACTICES for
ENVIRONMENTAL
CHALLENGES
ENERGY CONSERVATION &
CLIMATE CHANGE
WATERSHED
PROTECTION in B.C.
GREEN
INFRASTRUCTURE
NOW
NOVEMBER 2017
MUNICIPAL WORLD – CANADA’S MUNICIPAL MAGAZINE
WATER PRICING
SU
7
11 13 17 19
21
REDUCING
GHG EMISSIONS
23
INTEGRATED
MARKETING CAMPAIGNS
ELLEN’S LAW
in Moncton, NB
27 29
THE REGULARS COMING EVENTS EDITOR’S CORNER
15, 39 3
ENVIRONMENTAL ZONE
37
GOVERNANCE ZONE
31
MANAGEMENT ZONE
33
THE READING ROOM
35
MWDigest is a monthly digital publication, highlighting and supplementing content available to Municipal World magazine subscribers. For information on advertising and submitting content for this publication, please contact Anthony Gibbons at 1-888-368-6125 ext. 206.
INSIDE THIS ISSUE GET READY FOR THE SURGING SEA
NOVEMBER 2017
Editor’s Corner
With global sea levels rising, coastal communities across the world must find viable solutions to limit its effects. Learn how local governments in B.C. are combating this issue through proper preparation and continued education.
Value of CIB Volunteers to a Municipality
Every city or town relies on volunteers to help allow their communities to prosper. But, do we really know the true worth of these volunteers and their work? Check out how the Town of Millet studied this topic and the results that followed.
How Cross Engagement Benefits your Municipality
IT departments are vital to the success of municipal progress; however, IT staff often are not given the proper information or tools to ensure their municipality continues to stay up with the latest trends. Find out how industry associations are collaborating to ensure IT personnel are sharing their “tricks of the trade.”
Ellen’s Law in Moncton, NB
Motorists and bicyclists are expected to share the road; however, many cyclists feel that further measures are needed to promote their safety. Read more about how Moncton, New Brunswick has passed important legislation to protect their cyclists and ensure they are a bicycle-friendly community.
Coming Events
A Roadway Revolution Remarkable GE LED roadway solutions meet both environmental and budgetary concerns. With wireless GE LightGrid™, municipalities can control every fixture remotely, maximizing public comfort with the right light— while lowering operating costs. Precise dimming saves energy; individual fixture monitoring tracks energy usage and signals maintenance needs, saving labor. Through added sensors, controls, transmitters and microprocessors, the GE Intelligent Cities program tackles traffic congestion, parking issues and emergency response. It’s all part of a comprehensive solution designed for reliability and payback that’s revolutionizing roadway lighting. To find out more, visit www.currentbyge.com/roadway today.
© current 2016
Susan M. Gardner In her autumn report, Canada’s Commissioner of the Environment and Sustainable Development Julie Gelfand took a look at our progress on meeting commitments to reduce greenhouse gas emissions nationally. The audit focused on Environment and Climate Change Canada, and found that, while the department had worked collaboratively with provinces and territories to develop a national climate change plan, the measures to reduce GHG emissions contained in the framework had yet to be imple-
mented. In addition, the department was not on track to meet the 2020 emission target and had shifted its focus to the 2030 emission target. Further, although the department made progress on its national and international reporting on projected GHG emissions, it did not clearly indicate how it would measure, monitor, and report on provincial and territorial contributions to meet Canada’s 2030 target. “A coordinated approach to reducing greenhouse gas emissions is needed to avoid gaps or duplication among emission reduction measures and policies at different levels of government, and to monitor their interactions,” the report notes. “Coordination across jurisdictions is also important to ensure the overall effectiveness of these measures and policies.” Local governments have long been on the front lines in addressing the challenges of mitigating and adapting to climate change. However, more and more govern-
CEO, EDITOR & PUBLISHER – SUSAN GARDNER, MPA, AMCT BUSINESS DEVELOPMENT
CONTENT & DESIGN
VICE PRESIDENT, BUSINESS DEVELOPMENT
EXECUTIVE COORDINATOR
ANTHONY GIBBONS SR. BUS. DEVELOPMENT ASSOCIATE
REBEKAH RICKWOOD
KIM COSTA ASSISTANT EDITOR
DAN SCHEID CREATIVE CONTENT DESIGNER
IVAN WIMBUSH DIRECTOR, DATA & LOGISTICS
JAMES WILSON DIRECTOR, CIRCULATION
KEN SEGUIN
ments have recognized the problem and begun to take action, the commissioner’s recommendations should be heeded. The size and scope of the climate change problem demands both attention and action. That’s why a coordinated response – and critical independent evaluation – is so important. That’s also why, when words such as “greenhouse gases,” “carbon dioxide,” and “climate change” have been omitted in the U.S. Environmental Protection Agency’s recently released strategic plan, it’s troublesome – as is that country’s retreat from commitments under the Paris Accord earlier this year. Combating global warming is certainly not an easy challenge. But, avoiding efforts altogether is not just counterproductive – it’s also dangerous. If there is a single issue that finds prominence at the global-local nexus today, it is climate change … and, it’s an issue that requires all hands on deck.
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November 2017
MWDIGEST
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THOMAS E. PLANT RAISING THE BAR In Thomas E. Plant’s third book, Raising the Bar, he continues the theme of his previous two books (Strategic Planning for Municipalities and Roadmap to Success) with an emphasis on improving municipal strategic planning. With a strong focus on the operational side of the process, Plant explores the role of strategic planning in improving continuity across organizational sta and departments. The popular narrative is that the strategic planning process can reveal new initiatives and fresh ideas for the organization to pursue. While this outcome is obviously valuable, and undoubtedly necessary to stay current and ahead of public sector changes, it is equally important to understand the step-by-step development of how strategic plans take shape, are eventually implemented, and the results subsequently monitored.
STRATEGIC PLANNING 3.0
GET READY for the
SURGING SEA
by Kathleen Higgins Global sea levels have risen dramatically in the last 150 years and continue to rise at a rate of about 3.4 millimetres per year. The rate of sea level rise is expected to increase along with global temperatures. Experts believe that the effects of climate change have caused the planet to become irreversibly “locked in” to a certain rise of sea level over the next several centuries.1 Sea level rise is a concern for coastal communities around the world, including in British Columbia. B.C. has approximately 170 coastal communi1 Yaheli Klein, “Accelerating Sea Level Rise: Explained in Plain Language,” Simon Fraser University Adaptation to Climate Change Team (blog), <http://act-adapt.org/ accelerating-sea-level-rise-explained-in-plainlanguage>. 2 British Columbia Ministry of Environment, “Sea Level Rise in BC: Mobilizing Science into Action,” by Sustainability Solutions Group & MC3, p. 2 <www.retooling.ca/_Library/docs/bc_sea_level_rise_en.pdf>.
ties, which represent 80 percent of its population. These communities will be affected by sea level rise to varying degrees. The B.C. government estimates that by 2100, sea level in the Vancouver area could rise anywhere from 0.04 to 1.03 metres, while the Fraser River delta could experience a sea level rise of 0.35 to 1.2 metres.2 This article focuses on the impacts of sea level rise on coastal communities in B.C., particularly the Lower Mainland, and the powers local governments have to respond.
Local Government Impacts Local governments in B.C. will be affected by sea level rise in a variety of ways. Vancouver will experience an especially significant economic impact. Vancouver’s at-risk assets include two of the region’s most important employers and economic hubs, YVR International Airport and the Port of Vancouver, both of which sit within several
metres of sea level. Other key pieces of infrastructure, such as ferry terminals and bridges, may also be damaged by rising waters. Local governments will have to spend heavily to defend their infrastructure from sea level rise, as well as to develop adaptive and protective infrastructure such as dikes and enhanced drainage systems. Areas of land may disappear entirely, with Stanley Park predicted to be an island separated from downtown Vancouver
KATHLEEN HIGGINS is a local government lawyer and chair of the local government practice group at Norton Rose Fulbright LLP in Vancouver B.C. She has advised local governments on a wide range of matters including real estate, subdivision, planning, engineering, conflict of interest, and by-law interpretation and enforcement. She can be reached at 604-641-4813 or <Kathleen.Higgins@nortonrosefulbright.com>.
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by 2100 if no adaptation measures are implemented.3 The Lower Mainland, which is projected to experience the greatest levels of sea level rise, was home to 60 percent of the provinceâ&#x20AC;&#x2122;s population as of 2016. While sea level rise is not a direct threat to human life given its slow onset, it will have an impact on populations by forcing relocation of people living in affected areas and affecting the livelihoods of many more. The population will also be affected by emergencies and natural disasters related to sea level rise, particularly storm surges and flooding. Local governments have a responsibility to prepare for these events and respond to them when they occur.
Local Government Response In B.C., the responsibility for preparing for sea level rise rests primarily with local governments. Broadly speaking, there are four major strategies for responding to sea level rise: avoidance of vulnerable areas, protection of property and infrastructure, accommodation of higher sea levels, and managed retreat from vulnerable areas. Some strategies are more effective than others. Too much reliance on protective measures can lead to massive spending on infrastructure and gives rise to a false sense of security, which may in turn encourage more development in vulnerable areas. Accommodation of the effects of sea level rise through building regulations, zoning, development permits, and emergency preparedness is a superior option. Which strategy is the most effective in a given area will depend on a number of factors, including the population density, the value of property, the capacity for moving structures and assets, and the degree of flooding risk. The remainder of this article considers some (but not all) of the tools that local governments may use in implementing one or more of these strategies.
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3 City of Vancouver, â&#x20AC;&#x153;Sea Level Rise,â&#x20AC;? <http://vancouver.ca/green-vancouver/sea-level-rise.aspx>.
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Zoning by-laws can be another effective tool for local governments in the avoidance, adaptation, and managed retreat response strategies to sea level rise. of the protection strategy. Constructing such infrastructure is primarily the responsibility of local governments. Protective infrastructure falls into two main categories. Hard infrastructure is engineered, constructed infrastructure such as dikes, sea walls, and breakwaters. Soft infrastructure is more natural and includes beach restoration, tree planting, and construction or enhancement of wetlands or dunes. The dike is one of the most widespread forms of hard protective infrastructure in B.C. The Lower Mainland alone relies upon 600 kilometres of dikes, 400 floodboxes, and 100 pumpstations to prevent flooding.4 Maintenance and operation of the dikes is the responsibility of the local diking authority, which may be a district commissioner, dike owner, public authority, or local government.5 The diking authority is also responsible for contingency emergency planning, patrolling dikes during a flood event, and implementing emergency measures. Upgrading dikes to prepare for sea level rise will be expensive. In the Metro Vancouver area alone the estimated cost of upgrading dikes to current pro4 British Columbia, “Dike Management,” <www2.gov.bc.ca/gov/content/environment/ air-land-water/water/drought-flooding-dikesdams/integrated-flood-hazard-management/ dike-management>. 5 Dike Maintenance Act, R.S.B.C. 1996, c. 95. 6 British Columbia Ministry of Forests, Lands and Natural Resource Operations, “Cost of Adaptation – Sea Dikes & Alternative Strategies,” Delcan 2012 <www.env.gov.bc.ca/wsd/ public_safety/flood/pdfs_word/cost_of_adaptation-final_report_oct2012.pdf>. 7 Local Government Act, R.S. c.1, s. 524. 8 City of Vancouver, Planning and Development Services, “Flood Plain Standards and Requirements,” Land Use and Development Policies and Guidelines, adopted September 16, 2014, effective January 1, 2015, Corporate Policies and Procedures <former.vancouver.ca/commsvcs/guidelines/F014.pdf> at p. 2. 9 Local Government Act, supra, s. 479.
vincial standards is $9.5 billion.6 This includes the cost of acquiring property on which to build dikes, implementing seismic resilience features, environmental impacts, and actual dike construction. Dikes are not the only hard infrastructure tool local governments can use to protect against sea level rise. In urban areas where there is insufficient space for a dike, a sea wall may be a more practical barrier. Artificial islands or other structures built out to sea may also mitigate the impact of sea level rise by breaking up waves before they reach the shore. Local governments may also apply structural protections to the foundations of buildings, bridges, and transmission towers, and improve drainage systems to reduce flooding. While hard infrastructure focuses on the protection strategy, soft infrastructure implements aspects of adaptation and avoidance, as well as protection. In addition, a natural approach to adaptation for sea level rise involves lower capital and maintenance costs compared to other forms of infrastructure and has added benefits for public recreation and enjoyment. Soft infrastructure may also be more environmentally friendly than hard infrastructure (which may contribute to erosion and habitat destruction).
Floodplain By-laws A local government in B.C. may implement special regulations for floodplains.7 The floodplain by-law is one of the most specialized tools local governments can use in the avoidance, adaptation, and managed retreat response strategies to rising seas. When a local government considers land to be at risk of flooding, it may designate the area as a floodplain by bylaw. Two of the most important features of such a by-law are setback requirements and flood construction levels (FCLs). Setback refers to the horizontal
distance between a structure and a flood hazard. FCL refers to the vertical elevation of the floor system in a structure above flood levels (typically based on a one-in-200 year flood event). The local government may grant an exemption from these requirements if it considers it advisable, and either the exemption is consistent with provincial guidelines, or a professional certifies that the land may be safely used for the intended purpose. In Vancouver, lands around Burrard Inlet, English Bay, False Creek, the Fraser River, and Still Creek are designated flood plains. Where a building is proposed to be developed in one of these areas, Vancouver’s chief building officer may require evidence that the elevation and design of the building comply with the FCL. In Vancouver, the FCL is 4.6 metres, based on the provincial government’s estimate of one metre of sea level rise.8
Zoning By-laws Zoning by-laws can be another effective tool for local governments in the avoidance, adaptation, and managed retreat response strategies to sea level rise. Where an area is identified as vulnerable during the planning process, the local government may pass a by-law prohibiting future development of that area. Local governments also have the power to implement less extreme bylaws restricting the density of buildings or identifying safe sites for buildings.9 Zoning by-laws may also be used to ensure that vulnerable areas will be put to low-risk uses, such as for agriculture, short-term industrial uses, forestry or recreation, so that more valuable asset, such as schools, hospitals, or important infrastructure, will not be threatened. The power of zoning is limited where at-risk lands are already developed. While zoning by-laws cannot be used to force relocation of developed areas, they may be used to limit further development unless
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While sea level rise over the next century poses a significant threat to the many coastal communities in B.C., there are many things that local governments can do to respond. appropriate flood prevention measures are in place or are being implemented. The slow onset of sea level rise allows local governments to take a longterm approach to land use planning using zoning by-laws. For example, a local government could pass a zoning by-law that requires uniformity in the lifespans of buildings in a certain zone. A developer in the zone would have to enter into a covenant on title acknowledging that higher FCLs and setback rules may apply to reconstruction at the end of the building’s lifespan period. Less flood-secure structures could be permitted today, with the local government still preserving the potential to increase flood mitigation requirements when buildings are replaced in the future.
Development Permits
or alteration of the land can take place unless a development permit is issued. The City of Campbell River has designated a development permit area over the foreshore outside of the Campbell River Estuary that focuses on adapting to and retreating from sea level rise. Any development, subdivision, alteration of land, or shoreline modification in the area requires a development permit. New buildings must be built at a minimum 30-metre setback from the high water line, and new structures must be sited and designed to avoid the need for protective infrastructure such as sea walls. The emphasis of the plan is to promote a healthy shoreline. This will help to dissipate wave energy and reduce the effects of sea level rise, while avoid-
Development permits are a tool unique to B.C. that can be used in any of the sea level rise response strategies. Local governments can designate lands that are exposed to particular hazards as development permit areas (DPAs) in order to manage or prevent development. DPAs can be created for a range of purposes, including two that are particularly relevant to sea level rise: to protect the natural environment, and to protect development from hazardous conditions.10 Where a DPA is intended to protect the environment, it may prohibit development entirely except in accordance with conditions, or may require the developer to protect or restore certain natural features. Where a DPA is intended to protect development from hazards, it may identify vulnerable areas and set out guidelines for and restrictions on development in those areas. Once a DPA has been designated, no development, subdivision,
ing hard infrastructure that may destroy habitat and increase erosion.11
The Time Is Now While sea level rise over the next century poses a significant threat to the many coastal communities in B.C., there are many things that local governments can do to respond. Sea level rise is already occurring; but, its most significant effects will not be felt for many decades. This gives local governments ample time to engage in thoughtful preparation and community education. With such a wide range of tools available, the responsibility lies with local governments to prepare their communities for the present and future impacts of rising seas. MW
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10 Local Government Act, supra, ss. 488 to 491. 11 “Campbell River Official Community Plan,” pp. 55-66.
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Learn more at www.omaa.on.ca
by Tony Wadsworth and Evelyn Alemanni
Value of
CIB VOLUNTEERS to a Municipality
Millet Town Hall + Museum
Author Sherry Anderson put it succinctly when she said, “Volunteers don’t get paid, not because they’re worthless, but because they’re priceless.” But, the Town of Millet has managed to put a price on what volunteers and their efforts mean to this small town. Millet has participated in the Communities in Bloom awards program for more than 20 years. The leader of the local efforts, Carol Sadoroszney, does such an outstanding job of recordkeeping for the group that the documents are maintained at
the local museum! Carol’s passion for all things Millet is contagious. She is a person you can’t say “no” to. Visitors to Millet marvel at the results of her efforts. There are so many flowers on the front and sides of the town hall that it could be mistaken for a garden center. Directly across the street is a series of landscaped beds with a variety of themes, all cared for by volunteers. Thanks to collaboration between the town and its volunteers, Millet has won national competition three times. “Priceless” indeed.
Not only are her volunteers valued, they are recognized at an annual appreciation dinner. Special awards TONY WADSWORTH emigrated from Liverpool, England to Alberta, Canada 40 years ago. During his business career, he managed the Insurance and risk management programs of municipalities across Alberta. He has served on Millet town council for nine years, the last two of which have been as Mayor. EVELYN ALEMANNI is a freelance writer and photographer whose work has appeared in many consumer publications. As a volunteer judge and board member for Communities in Bloom, she has visited more than 170 towns in 11 countries. She also served as mayor of Elfin Forest, California.
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While some municipalities may have implemented more than others with respect to accountability and transparency, it is essential to always be looking for areas to improve. are given for years of service and some of the people have been volunteering with the Millet CiB effort for 20 years. It’s not just years of service that are tracked, but total volunteer hours. These volunteers help with planning and planting, weeding and mulching, and much more.
ence, improve their employment and education options, and have a greater sense of belonging and wellbeing. “Monetizing” volunteering poses challenges. Many would argue that the essential value of the act of volunteering is far greater than any monetary value that might be attached to volunteer time and effort.1 Volunteer Worth To get some idea at this value, however, the town’s has 14 employees; So, what are Millet’s volunteer efseven of these deal with management, forts worth? Often, organizations use a legislative, enforcement, and clerical simple wage replacement calculation. matters, and the other seven are tasked Volunteer hours are multiplied by an with public works and parks and recrehourly rate. This is the economic value ation duties. of volunteering. In the spring/summer months (April But, because it doesn’t show the to October), three parks and recreation impact of the volunteer work, it gives full-time personnel maintain the parks, an incomplete picture. Volunteers oftrees, lawns, flowerbeds, outdoor sports fer enormous contributions of time, facilities, and nature trails. During these talents, and skills. Communities are healthier and more cohesive through ac- same months, volunteer members of the tive citizen engagement. People receive local Communities In Bloom Commitimportant services from volunteers, and tee supplement the work done by parks through volunteering others gain experi- and rec in tidying the existing beds, weeding, planting new flowers/shrubs/ 1 Discussion Paper: Attaching Economic Value trees, plus one or two specific one-off to Volunteer Contribution by Volunteer Canaprojects each year. da. See, <www.volunteer.ca>.
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Quantitative Breakdown Over the past 20 years, the numbers of volunteers have grown steadily, and their total work output is now estimated at 3,100 hours in the spring/summer season. The following analysis can be drawn from the above numbers: based on the town’s average wage ($25.00/hour), volunteers contribute the equivalent of $77,500 to the town’s wellbeing. the town would need to increase its tax rate by four percent per annum in order to hire the equivalent number of parks and recreation employees to perform the same work done by the CIB volunteers; the numbers of parks and recreation employees would need to increase by three full time employees (or 100 percent) during the spring/summer seasonal months to perform the same work done by CIB volunteers; the town’s total annual payroll would increase by five percent if it had to hire the additional staff required to perform the work of the CIB volunteers.
Current fiscal realities, and the public’s perception of spending mean that annual tax increases have – for a considerable number of years – had to be kept as low as possible every year. Many councils are struggling to get by with a tax increase of no more than one or two percent because any higher increase in taxes often results in a public outcry that the council is either “overspending” or being “irresponsible and uncaring” in how they spend taxpayers/residents’ money. Therefore, in any municipality, even if volunteer time represents only one or two percent of the total taxes otherwise required by the municipality, this is still a significant contribution that warrants being quantified in this fashion. In Millet’s case – operating with a small population of 2,000 residents and, therefore, small annual budget – this contribution from volunteers can be even more striking. The Town of Millet budgets $15,000 for its CiB-related activities. When volunteers give back $77,500 in their time contributions, that represents a stunning 516 percent return on investment. The contributions of local businesses have not been included in this calculation, but it’s easy to see why the collaboration between all sectors as outlined in the CiB program is an excellent means to enhance quality of life in any community.
Volunteers Make the Town Go Round With volunteers’ work tallying to thousands of hours each year. This time and effort not only needs to be recognized, it needs to be celebrated. And, this
TM
kind of analysis needs to be conducted more frequently by municipalities. Besides quantitatively measuring their importance to municipal officials and administration, is also shows citizens the importance of their works. MW
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GEORGE CUFF Lifeâ&#x20AC;&#x2122;s lessons
inside
City
Hall A collection of
Short Stories
MUST READ
Presented by Municipal Information Systems Association (MISA) of Ontario
How CROSS ENGAGEMENT benefits your municipality
How do we make IT the priority versus an afterthought? Municipalities constantly strive to bring technology and services that will benefit the people in their community. They also expect their IT staff to be on top of the latest technologies at all times. Yet, it always feels that IT is engaged when the conversation is over and the decisions are made. It’s important for senior executives at the business level to engage their IT areas in the early planning stages of their initiatives. This gives them the chance to set expectations, both from a budget and resource perspective to avoid issues down the road. On the flip side, how do we as municipal IT staff stay current on what other municipalities are using, how it’s working for them, and whether it makes sense to bring that to our own organization? This is always an issue – whether your municipality has a large IT team or one staff resource. This is why it is so vital to look beyond silos and look for opportunities to engage with other municipalities. Personal and professional development has never been more critical than now. The more knowledge you have, the more value and cost savings you
are able to provide to your organization. Some examples include actively participating in industry events, online communities, and webinars. IT areas have limited budgets, which is why belonging to an industry association is a fantastic way to effectively bundle all these things together. Belonging to an industry association allows you to take advantage of discounted rates for industry events, learn best practices, and open opportunities to participate in discussions with like-minded people who share the same issues as you do. Associations can also leverage collaboration to bring value to their members. This year, MISA Ontario and the association of Local Government Information Management (ALGIM), located in New Zealand, released a new online technology services directory that will allow municipalities to keep track of which technologies other municipalities are using to support various business functions. This directory is called InfoBase. The benefits of this directory are tremendous. Municipalities are able to view, rate, and update the various services, hardware, and software applications they use. This tool also allows
large and rural municipalities to connect directly with each other, helping them learn how these applications can be applied to their initiatives. They will also be able to update their services and technologies including enhancements and upgrades. This tool is now available to all active MISA members. Another collaboration tool available to our members is SocialLink. Think “LinkedIn” for municipalities. It’s a private online community launched by MISA/ASIM Canada to share insights and best practices focused on information and communication technology. I highly encourage you to look beyond your silo. When municipalities engage each other under a common goal, the benefits are endless. JACQUELINE O’HARA is the Community Manager for MISA Ontario. MISA Ontario is a strong member association comprising municipalities, vendors, partners, and other orders of government who are interested in furthering and improving the use of technology in municipal government. Learn more at <www.misaasim.ca> or email <jacqueline@misa.on.ca>.
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GETTING
CITIES RIGHT
by GORD HUME
“The importance of cities has never been more apparent; the problems confronting cities never more serious; and the opportunities for urban success never more possible.”
NEW BOOK
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by David Gingras
That’ll be
$172.50
Ellen’s Law and the evolving relationship between motorists and cyclists in Moncton, New Brunswick
With the cycling season coming to an end, it’s time to evaluate Moncton, New Brunswick’s first summer under Ellen’s Law. This city is of particular interest given its car-centric reputation in the province. For some background, six months following the death of Ellen Watters in December 2016, an amendment to the Motor Vehicle Act bearing her
name took effect. The rising cycling less there is sufficient space to do so star died after being struck by a car safely.” It also gives motorists perwhile on a training ride in Sussex. The legislation kicked in on June 1 and, among other things, requires DAVID GINGRAS is a columnist on urban motorists passing cyclists traveling in affairs and full-time researcher of municipal the same direction to provide a oneissues at ShiftCentral. He lives in Lutes Mounmetre space between themselves and tain, New Brunswick and holds a NACLAA and MPA(M). He can be found on LinkedIn and on the cyclist. Furthermore, “a driver of Twitter @DavidGingras as well as cycling on a motor vehicle shall not pass … un- Moncton’s streets and trails. November 2017
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Typically, the driver opens their door without looking first. Nova Scotia is another province where dooring is not considered illegal. mission to cross the solid centre line when passing cyclists. Much of the legislative work behind the amendment belongs to the Speaker of the Legislature, the Hon. Chris Collins. As a cyclist who traveled across Canada raising awareness and money for cancer, he felt for the cycling community in this loss and spearheaded much of the campaign. Ellen’s Law was universally praised in the Legislature and quickly passed. “Rather than something important taking two to three years, it took only a few months” to get the legislation through, he notes. It wasn’t a partisan issue and was universally praised. Naming the amendment after Watters “brought a lot more awareness to the issue … it explains why it is so important,” stresses Collins. The Moncton Centre MLA also made a personal plea to the Minister of Transportation from a cyclist’s perspective. Collins admits he once faced a close encounter of his own with a garbage truck while training for a cross-country tour. Any cyclist would feel heightened anxiety if they
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were alone on a rural road with a garbage truck tailing closely behind them unnecessarily for over a kilometre. During this summer, the MLA claims to have seen a noticeable improvement among cyclists’ level of confidence. With driver behaviour being more consistent, he says it’s emboldened more cyclists to take to the roads.
right-hook – where drivers turning right cut off a cyclist travelling on the inside between the vehicle and the curb. In New Brunswick, legislation and fines may not be the answer to the dooring issue. The committee should recommend education for drivers by promoting a technique often attributed to drivers in the Netherlands, called the Dutch reach, whereby drivers in parked vehicles use their right Going Forward hand to reach over and open their car door, forcing them to see any oncomEllen’s Law is not the end, but ing cyclist over their left shoulder. rather was immediately necessary, says Collins, who notes a committee Indeed, an education campaign alone could alter driver behaviour without was put in place to examine bicycle safety and make recommendations to requiring any changes to legislation. Other items for the committee update current legislation. Dooring to consider may include education occurs when the driver of a vehicle campaigns targeting cyclists, such opens their door into the roadway as greater helmet use and generally and an oncoming cyclist or vehicle strikes it. Typically, the driver opens obeying traffic laws. Regarding enforcement, the comtheir door without looking first. Nova mittee needs to explore how police Scotia is another province where and by-law officials will tackle dooring is not considered illegal. bicycle safety laws, in particular ElA previous Halifax public session len’s Law. Will enforcement only ocin 2016 identified dooring as a top cur following an accident or will the concern of cyclists, along with the
November 2017
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committee suggest a more proactive approach? What it ultimately recommends, however, is still unknown, but additional education for officers patrolling New Brunswick’s streets will certainly be required. Moncton Mayor Dawn Arnold admits to sticking to the trails for the most part. But, she is doing her best to personally break down the perception of Moncton’s car-centricity by informing residents about biking with regular Facebook posts of her cycling along city trails between her home and city hall. Pictures of her yellow rubber duck perched atop her bike’s front basket are re-enforcing her brand and selling the trail system to cyclists and pedestrians as a safe place. The city’s trail system is growing and the campaign to educate drivers about sharing the road continues.
More to Come For the most part, cyclists of all types are seeing some benefit to Ellen’s Law after its first summer. Whether it’s due to motorists being scared of the $172.50 fine and loss of three demerit points, or the increased media attention, it is difficult to say at this early juncture. It may be a combination of both fear and greater awareness.
The result of Ellen’s Law in Moncton thus far has been a decrease, but not a complete disappearance, in the level of incivility paid to cyclists by motorists. As Collins points out, it’s part of the evolution of accepting cyclists on New Brunswick’s roads. It’s a good start and one cyclists want to see grow – even if it’s not as quickly as most would like. MW
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Effectiveness From the cycling community, the effectiveness of Ellen’s Law is mixed. “Among the people who obey the law, it appears that there has been a change of practice, yielding more room to cyclists,” says avid cyclist, general surgeon, and mayor’s spouse, Paul Goobie. “However, the individuals who don’t like cyclists and those who text while driving, don’t seem to have changed their practices.” This is somewhat confirmed by Moncton bike shop owner Jim Goguen, who notes that some cyclists haven’t really noticed a difference and still feel a little nervous cycling on the roads. Meanwhile, he adds, others noticed a difference and mention “cars and trucks are slowing down and moving over a bit.” Goguen sees more cyclists wearing helmets than before, along with an increase in sales of blinking rear and front lights. His take away from this is that “cyclists are talking about being safe. So Ellen’s Law is making a difference and hopefully saving lives.” Essentially, Ellen’s Law isn’t just forcing motorists to consider the safety of cyclists, it’s making cyclists do so as well. 20
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2018 January 9-11 – Canada’s Premier Green Industry Trade Show & Conference Toronto ON. https://locongress.com/registration January 21-23 – Rural Ontario Municipal Association Conference Toronto ON. roma. on.ca/Events/2018ROMAConference.aspx
February 4-7 – Saskatchewan Urban Municipalities Association Convention, Regina SK. https://suma.org/conventions/page/ future-convention February 25-28 – Ontario Good Roads Association Annual Conference – Hold the Date Toronto ON. http://ograconference.ca/ feature/2016-combined-conference-theme/ February 27 – Annual Provincial/Municipal Government Liablity Toronto ON. https:// www.canadianinstitute.com/24th-annual-provincialmunicipal-government-liability/ March 14-16 – Globe Forum – The Leadership Summit for Sustainable Business Vancouver BC. https://www.globeseries.com/ forum/#connect-with-us April 3-6 – Transforming Local Government – Alliance for Innovation Tacoma WA. www.tlgconference.org/
April 25-28 – MagNet – Canada’s Magazine Conference Toronto ON. http://magnet. magazinescanada.ca/ May 2-4 – Ontario Small Urban Municipalities Conference Niagara Falls ON. http:// www.osum.ca/ May 28-30 – Canadian Association Municipal Administrator’s Annual Conference at the Fredericton Convention Centre Fredericton NB. www.camacam.ca/conference May 31-June 3 – Federation of Canadian Municipalities, Annual Conference and Trade Show Halifax NS. https://fcm.ca/home/ events/upcoming-events/2018-annual-conference-and-trade-show-halifax.htm June 13-14 – 3rd Annual Infrastructure Asset Management West Vancouver BC. https://www.canadianinstitute.com/3rd-annualinfrastructure-asset-management-west/
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