Agriculture and Rural Affairs Committee Comité de l'agriculture et des questions rurales MINUTES 12 / PROCÈS-VERBAL 12 Thursday, 13 September 2007, 7:00 p.m. le jeudi 13 septembre 2007, 19 h Huntley Mess Hall 2240, chemin Craig Side Road, Carp Present /Présent : Councillors / conseillers R. Jellett (Chair / Président), D. Thompson (Vice-Chair / Vice-président), E. El-Chantiry, G. Hunter, B. Monette Absent / Absent : J. Harder (regrets / excuses) G. Brooks DECLARATIONS OF INTEREST DÉCLARATIONS D'INTÉRÊT No declarations of interest were filed. CONFIRMATION OF MINUTES RATIFICATION DES PROCÈS-VERBAUX Confidential Minutes 4 and Minutes 11 of the Agriculture and Rural Affairs Committee meeting of Thursday, 23 August 2007 were confirmed. STATEMENT REQUIRED UNDER THE PLANNING ACT At the outset of the meeting, Chair Jellett read the following statement: "This is a public meeting to consider the proposed Zoning By-law Amendment listed as Item 1 on today's agenda. If anyone appeals City Council's decisions on the proposed amendment to the Ontario Municipal Board but does not make oral submissions at this public meeting or does not make written submissions before this proposed amendment is adopted by City Council on 26 September 2007, then the Ontario Municipal Board may dismiss all or part of this appeal." PLANNING, TRANSIT & THE ENVIRONMENT URBANISME, TRANSPORT EN COMMUN ET L'ENVIRONNEMENT PLANNING AND INFRASTRUCTURE APPROVALS APPROBATION DES DEMANDES D'AMÉNAGEMENT ET D'INFRASTRUCTURE 1. ZONING - 6677, 6683 AND 6687 SUNCREST DRIVE, BLOCK 62 PLAN 4M-1305 AND 6674 WOODSTREAM DRIVE ZONAGE - 6677, 6683 ET 6687, PROMENADE SUNCREST, BLOC 62, PLAN 4M-1305, ET 6674, PROMENADE WOODSTREAM ACS2007-PTE-APR-0144 OSGOODE (20) (THIS APPLICATION IS NOT SUBJECT TO BILL 51) That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Township of Osgoode Zoning By-law to change the zoning of 6677, 6683 and 6687 Suncrest Drive, Block 62, Plan 4M-1305 and 6674 Woodstream Drive from Rural (RU) and Private Open Space (OS2) to Residential Exception No. 340 (R[340]) and Residential Exception No. 363 (R[363]) and Private Open Space (OS2) to permit residential lots as shown in Document 3 and as detailed in Document 2. CARRIED VERBAL PRESENTATIONS EXPOSÉ VERBAL 2. UPDATE ON RURAL BROADBAND SERVICES IN RURAL OTTAWA MISE À JOUR DU SERVICES À LARGE BANDE DANS LES SECTEURS RURAUX D'OTTAWA Chris Cope, Economic Development Consultant, Economic and Environmental Sustainability Branch, provided a PowerPoint presentation detailing the background to the item. He introduced Bill MacDonald, Vice President of Products and Services, Barrett Xplore Inc. who provided Committee with details on the status of the project and the services they were offering. Copies of both presentations were distributed and are held on file. The Committee received the following public delegations: Hardy Mahadeo, resident raised the following questions and concerns with respect to the tower proposed to be installed at 2950 Torwood Drive: 1. They already have DSL and there is a tower at this location so why should his taxes go towards paying for another one? 2. What is Barrett Xplore's position on the CRTC decision on the use of deferring counter funds to expand broadband service to rural areas? 3. How many subscribers does Barrett Xplore expect to have when residents are already being served by Bell, Pioneer Wireless, Northwind Wireless and Storm Communications? 4. Will there be co-location on the towers? In closing, Mr. Mahadeo explained that this was the first time he had heard that a tower would be installed at this location and he and other residents were quite surprised and very annoyed to learn this news when they had not received previous information about the proposed locations being considered. Ross Mosher, resident believed there was a lack of public consultation with residents regarding tower locations. He too had similar comments and questions raised by the previous delegation and believed there appeared to be some secrecy surrounding the entire initiative. Mr. Mosher questioned the use of tax dollars to support this service, when it should be provided by the private sector. Sandra Mastromattei, resident spoke specifically about the tower proposed for 2950 Torwood Drive and the impact it would have on her home, which will be directly next door. Since the tower would be over 16.6 meters high, she believed it would require site plan approval and public consultation must be carried out. However, in this case it did not appear to be required and she wondered why. June Nesky, resident explained that she has dial-up and it is slow and frustrating, especially when her kids have to complete assignments for school and require the use of the internet. She believed this is a good use of tax dollars and was supportive of this initiative. John Kelso, resident wanted to know how the City approached the owner of this site to request the use of the land for the tower, or did the owner approach the City? Also, once the location was selected, did Barrett Xplore canvas residents within an eight-kilometre radius to see how many would subscribe to this broadband service? He suggested they would have had to know how many people require the service before deciding to proceed. Derrick Moodie, Rural Affairs Officer, joined Mr. Cope to address some of the resident's questions and concerns: * Regarding the question of erecting a tower when DSL is available, over a period of some years, they studied the area to find out where service is and in the specific area of Torwood Drive, he believed DSL was not available. He confirmed that topography plays a role too in how effective DSL can be and the RFP required that it cover all gaps where service does not exist * Regarding the CRTC decision to take some of the Bell deferral money, it was explained that the plan does not include any of the areas that are in the rate bands that include Ottawa; that money will be spent partially in areas that are to the far north and areas within certain telephone rate bands. In addition, this money has not been spent yet, and it may be years before it is, even in these areas. Bell would use the money to expand DSL where it is practical (village nodes) and not the homes in between and the City has approximately 30,000 homes away from these nodes of population * In reference to the business plan around the tower in question (2950 Torwood), it would be difficult to take the one tower in isolation because it is being built as a network; the plan did look conservatively at the service area of the tower (eight-mile radius) and within that there are approximately 11,050 homes; the location will satisfy needs because it covers a lot of areas and will be able to communicate with other towers in the network to ensure there are no gaps in services * Barrett Xplore will allow co-location on their towers; however, the towers will only be 30 meters tall and cell phone companies prefer to be up around 100 meters so these towers will not be desirable for them. Other broadband providers would be allowed on the tower, provided their equipment was under Barrett's gear and would not cause interference * The tower at 2950 Torwood would be situated centrally on a large 100 acre lot, in an area where there is a significant amount of natural screening including trees, a barn and a house with most of the base of the tower behind natural screening * With regards to concerns raised about the apparent lack of public consultation, the tower builders must consult with the Land Use Authority to ensure they comply with all zoning and planning by-laws that relate to this. Site plan approvals were subsequently granted based on their compliance with all laws and since the towers do not have an attached building of 250 square meters, public consultation was not required. Under site plan approval, the City is required to conduct public consultation in a variety of circumstances and the local councillors saw that these towers were of minimal impact. Further, the towers are placed on sites where the pieces of land were large, so the set-back is compliant with zoning by-laws * Regarding the tax dollars being spent on these towers, the Broadband plan has been in place since 2003 (adopted as part of Ottawa 20/20) and Council approved the funding for this out of the 2006 budget * Much of the information requested about financial information (i.e., the number of customers, dealings between the company and the landowner, et cetera) is confidential and would not be released. Mr. Moodie added that staff intend to address the issue of public consultation as part of the review of the Official Plan and he encouraged residents to participate in that process so they can have an impact on change. In a closing statement, Councillor El-Chantiry explained that it was this committee that initiated the money for broadband and there had been demand for broadband service from the community. While acknowledging the concerns raised this evening, the councillor was confident that the tower at 2950 Torwood Drive would blend into the natural landscape. RECEIVED 3. VILLAGE OF CARP - WATER AND WASTEWATER INFRASTRUCTURE UPGRADE / EXPANSION VILLAGE DE CARP - MODERNISATION / PROLONGEMENT DE L'INFRASTRUCTURE D'APPROVISIONNEMENT EN EAU ET DE TRAITEMENT DES EAUX USÉES Roddy Bolivar, Program Manager, Planning, Transit and the Environment provided a general overview of the item. A copy of his PowerPoint presentation is held on file. Responding to questions posed by Committee members, Mr. Bolivar provided the following: * the existing Carp by-law was expanded to include this area, rather than fund it through development charges; the growth areas are within the village boundaries and therefore fall under the authority of the by-law * they considered the deemed extension of City water to be a reasonable alternative for an EA because Carp has a stand-alone system on a well and falls under the Clean Water Act * Costs associated with extending the water will be brought forward at the next open house and it will be up to the group of individuals to come forward and express their interest in paying; at the same time, residents will be advised that the City does not build water and sewer, but that it is paid for, built and then handed over to the municipality * Open houses are anticipated to be held late in October. RECEIVED 4. VILLAGE GREEN VILLAGE GREEN Derrick Moodie, Rural Affairs Officer, referred to the direction to staff at the last meeting to investigate the preservation of the Village Green and report back to the committee outlining the financial and development implications of the project. The following details were provided as a result of discussion with various City departments: Real Estate Services - have initiated a preliminary appraisal of the property to determine it's worth; it will not be a full and complete appraisal because they do not have direction to enter into negotiations. Ottawa Public Library - agree this would be a good relocation site, but there are no immediate plans to move from their current location and there is no financing available in their long-range budget to construct a new facility or move the facility they currently have. Parks and Recreation - they have spoken to the Sports Field Development division and it has been determined that West Carleton has the highest ratio of sports fields to residents of any ward within the City; this, combined with the physical structure of the site and its shape does not lend itself well to a sports field type of situation. One potential opportunity is that this site is well located from a long-term perspective, so while there is no immediate need, there is a strategic positioning of this site with the growth that is happening in West Carleton and Kanata. To that end, this location would qualify and fit within the parameters for the cash-in-lieu of parkland reserve fund. Finance - there are a couple of options on the table, however, they do not know what any of the numbers would mean pertaining to the individual methods that are being discussed. When asked what kind of time pressures were involved to act on this property, Mr. Moodie advised that it is eminent because there is a time restriction in place. He went on to state that the site was identified in the Community Design Plan as something that the community thought should be maintained for future fairground expansion and open space. The Best Use Study identified that open space as a legitimate use for this site and as services are brought to the Village of Carp and expansion of services within the village occur, there will be increased pressure on this site. Staff would endeavour to have a report on this matter for consideration of the Committee at the next meeting. The Committee received the following public delegations: Stan Carruthers, President, West Carleton Heritage Park Association explained that it is the Heritage Park of West Carleton that is proposing that this piece of property be bought for a potential heritage park and because part of the Carp Fair is heritage, they work together. He believed there should be some sort of financial arrangements and partnerships made so that this land can be preserved for the future of the Village and the City of Ottawa. Wendy Deugo, Village Green Fundraising Committee pointed out that with the expansion of the school, a lot of their greenspace will be taken up and she hoped there could be some kind of support from the school board to assist in funding this purchase. There are several options available to help pay for the land and over the last couple of weeks, their Committee has raised another $2500. Ms. Deugo emphasized the importance of obtaining this land for the community and suggested it would be a waste to put a subdivision in this location instead. If that were to happen, the children would have to go to school in north Kanata because there will not be enough room for them in the Village. Councillor El-Chantiry advised that in light of budget constraints, no City contribution will be put forward, however, other options can be considered, e.g., asking the City to guarantee a loan for the community, and they would continue with the process. He had been advised by the City Treasurer that there might be other ways to assist, without it being a financial contribution. He recognized the difficulty of keeping the land but with the public pressure and attitude, he believed it could be accomplished. RECEIVED 5. UPDATE FROM RURAL AFFAIRS OFFICE MISE À JOUR DU BUREAU DES AFFAIRES RURALES Mr. Moodie provided the following comments: * In the coming months there will be public consultation on the Comprehensive Zoning By-law, et cetera and it is important that residents avail themselves of this information * There will be opportunities for people to comment on proposed changes to the Official Plan and the Official Plan refresh (to come forward for Council approval in 2008); the Rural Settlement Strategy that was held in March fueled a number of working groups and the Committee should recognize the incredible contribution that volunteers have put into working through issues to get an initial understanding of planning policy, the rules to be followed and then providing their input with regards to what they think is best for the rural communities * The Home Based Business Guide was identified through the Rural Summit as necessary to provide information to people about what they are allowed to do in their home; they have just begun that process and it should be released at the same time as the Comprehensive Zoning By-law in 2008 * There has been a massive amount of road construction underway in the rural areas and the final days of gravel road works and ditching is coming to an end; he hoped the same investment would continue into the next year * The second stage of the Directional Farm Signs initiative is scheduled to come forward in November * The Ontario Rural Council will be hosting their 2008 conference in Ottawa next March and his office will be playing the role of steering committee for this; it is hoped to have the Second Rural Summit around the same timeframe as a complimentary activity. "OPEN MIKE" SESSION "TRIBUNE LIBRE" Application for A Municipal Drain Mr. Lambert McCarthy, resident of Ward 21 explained that he had applied for a municipal drain (Adam's Municipal Drain) in 2005. The request went through ARAC and Council. The Rideau Valley Conservation Authority (RVCA) made no comments at the time however, now they have sent the Ministry of Fisheries and Oceans (MFO) to check on the ditch. He explained that the only place where there is water in the ditch is behind a man-made dam, which is under dispute with regards to how long it has been there. Despite the photographs he has provided proving the ditch is not that old, it would now appear that residents will have to pay to have the studies done and will also incur the costs associated with relocating the herons that have taken up residence in the ditch. Mr. Moodie explained that they are experiencing lengthy delays from the time the engineering study is commissioned to the time the municipal drain is approved and construction is completed. He acknowledged the increasing complexity in the requirements of studies, i.e., looking at fish, and wildlife habitat studies, et cetera, noting that the costs of such studies are born by the landowners that are benefiting from the drain application. He met with the General Manager of the RVCA as well as with representatives from MFO and ongoing dialogue is occurring in order to work through some of these issues. He suggested the Drainage Superintendent or the engineer for the study, would be better suited to respond to Mr. Lambert's concerns. In response to a question posed by the Chair, Mr. Moodie confirmed that the Conservation Authority acts on behalf of the MFO in the enforcement of the Fisheries Act and therefore, the request for the various fish studies came from the RVCA. Based on the information provided, Councillor Thompson felt the RVCA were not taking any action against the landowner that built the dam and he wondered how they let this happen. He asked Mr. Moodie to investigate this because he thought they should be able to assist the delegation and give him some advice. Mr. Moodie indicated he would accept this as direction with a memo being brought back, if it was the will of the committee to do so. Chair Jellet suggested the ward councillor, Glenn Brooks should also be contacted, with follow-up being made with the Ministry and with the Conservation Authority in order to settle the matter. ADJOURNMENT LEVÉE DE LA SÉANCE The meeting adjourned at 9:10 p.m. A/Committee Coordinator Chair AGRICULTURE AND RURAL AFFAIRS COMMITTEE MINUTES 12 13 SEPTEMBER 2007 9 COMITÉ DE L'AGRICULTURE ET DES QUESTIONS RURALES PROCÈS VERBAL 12 LE 13 SEPTEMBRE 2007 Notes: 1. Underlining indicates a new or amended recommendation approved by Committee. 2. Reports requiring Council consideration will be presented to Council on 26 September 2007 in Agriculture and Rural Affairs Committee Report 11. Nota: 1. Le soulignement indique qu'il s'agit d'une nouvelle recommandation ou d'une recommandation modifiée approuvée par le Comité. 2. Les rapports nécessitant un examen par le Conseil municipal seront présentés au Conseil le 26 septembre 2007 dans le rapport no 11 du Comité de l'agriculture et des questions rurales.