by CONNIE TABBERT
Editor
COBDEN — Property owners should know what their property is classed, whether it be agricultural, rural, urban, commercial, etc.
If the municipality had to send out notices, it would be an administrative nightmare, said Whitewater Region Councillor Charlene Jackson during a special planning meeting held last Wednesday evening.
County planner Charles Cheesman and consultant Brian Whitehead, who works on behalf of the township, provided council with an overview of what their respective jobs are regarding the official plan, as well as what council’s role is.
Mr. Whitehead, a consultant with JP2G Consulting firm in Pembroke, wanted to ensure council knows exactly what the status of the Official Plan Amendment #11 (OP11) is.
“We don’t want to let anything slip through,” he said.
This document began nine years ago, and he has been on it since the beginning, Mr. Whitehead said. Mr. Cheesman became involved during the second review.
He said with OP11, that is unique to Whitewater Region, there will be push-back when it comes to implementing the document. Mr. Whitehead explained there will be some people who will want to challenge what’s in the document, and council must decide which challenges to fight, because each one will cost money and time.
As an example, many municipalities do not allow private road development, because it can lead to a demand for those roads to eventually be taken over by the municipality and they become public roads, Mr. Whitehead said.
If private roads are allowed, there needs to be a standard, he said. That needs to be enforced and procedures have to be implemented so there are no issues with health and safety standards, such as a fire truck getting in or an ambulance, he explained.
The Muskrat Lake policies come with responsibilities as well, he said. Currently, 10 lots a year can be developed on Muskrat Lake, subject to conditions.
As to the development, he said no studies are required for a building permit; septic systems have to be constructed to certain standards, which means a soil test has to be done; and people will also have to provide a site plan, he said.
For those people who want to tear down their cottage or home and build new, or put on an addition, they are subject to the same policies as those who are building a new home or cottage, Mr. Whitehead explained.
“There’s going to be push-back on staff, and council needs to support staff in the implementation of these policies,” he said.
Council also has the option of cluster development, Mr. Whitehead said, which is going from three to five homes in a certain area, which means policies must be developed and implemented, he said.
As for the Muskrat Lake policies, Mr. Whitehead said there are three major components. The components are support for a lake improvement council, which is the Muskrat Watershed Council and is supported by the township council; expectations of the township to take a leadership role with the implementation of initiatives within its jurisdiction and enforcing what is implemented; and finally the implementation of development controls.
Mr. Whitehead said from what he has heard in the past, and the push-back council is now getting from residents, he believes council is at a crossroads in its decision-making.
“You have two paths you can follow,” he said. “The one path is the OPA approach, which is no blame and shared responsibility for everybody. It’s establishment of the watershed council, its partnership and alliances with all sectors of our community that involve anything related to water quality.”
The watershed council will help access any available funding to assist with improving the water quality, however, it has no regulatory authority, Mr. Whitehead said.
“Its sole purpose is to create an avenue for working toward a solution, to water quality in the lake and the watershed,” he said.
The other approach is more adversarial, in that others are to blame and there are legal and liability solutions, he said.
“It’s a feeling that the province and federal governments are to blame, are responsible, that local residents bear no responsibility and any person or organization that supports the no-blame approach is sort of complicit with the Ministry of Natural Resources and the Ministry of Environment and Climate Change,” Mr. Whitehead said.
There are also veiled threats of legal action, he said, and people challenging council by saying it’s not doing enough to challenge the province.
Some of the concerns aren’t even related to OP11, he said, but issues that are way beyond council and the planners decision-making.
“Council needs to take a stand on what approach it wants to take,” Mr. Whitehead said. “As planners, we’re your advisors. You make the decisions. You tell us what you want to do and we have to do what your instructions are within the realm of our abilities.”
Mr. Whitehead said OP11 has been adopted by Renfrew County council and was approved by the previous municipal council. However, it has not yet been approved by the province, he added. The province has issued a draft decision, with questions and concerns council has to respond to.
The planners are now awaiting how council wants to respond to the draft decision, he explained.
Mr. Whitehead said if OP11is adopted by the province, this council’s review of policy does not stop, as there’s always monitoring and review of official plans.
Council members then had opportunity to ask questions and state concerns regarding the draft response for OP11.
Reeve Terry Millar doesn’t like the feeling he’s getting with the province making the decisions.
“I know the province has put you in a difficult position in the middle,” he said. “I can’t help but feel that we’re in a big corral, being led to a pre-determined corral elsewhere. No matter what move we make, we’re still going to the same corral.
“On that point, the province, as you guys have mentioned, have put all these restrictions on us, and the onus is on us to fight them.
“I think we concur that a lot of what’s being put on us is quite ridiculous, as least it is without a lot of study and in some cases I think you guys agree to that,” the reeve continued.
“The point being, all the onus is upon us to try and get out of some of these restrictions from the province.
“There’s a belief in the community, right or wrong, that the county, and the system, may not be as supportive to the municipal needs as opposed to provincial needs.
“I’m not saying that’s the case, but that’s the perception,” Reeve Millar stated.
As an example, when the 300 metre setback was put on the lands around Muskrat Lake, there was no study done as to whether that setback was good or not, he said. In 2005, the Ontario Municipal Board chairman said, in reference to the 300 metre setback: They (the province) lack any scientific foundation with respect to it being used as a land planning determinate for prohibiting development.”
Reeve Millar said no study was done to determine if the 300 metre setback was prohibitive or not, yet, it’s the municipality who has to pay specialists to fight the setback.
“Nobody makes them answer for everything that they throw at us,” he said. “This is a bone of contention for a lot of people. I would like you to take that into consideration when we’re talking about this.”
Mr. Cheesman noted that planners spend much time making provincial policies work for Renfrew County.
“It is an ongoing effort,” he said.
Mr. Whitehead noted the 300 metre setback for septic system installation does not apply to new development on Muskrat Lake, and it’s because of the policies in OP11.
“Muskrat Lake is the only at-capacity-lake in Ontario that will be allowed to have new development that doesn’t have to comply with that requirement,” he said. “The level of push-back we had to undertake to get to that point was significant, but we’re there.”
There is a 30-metre setback on Muskrat Lake, as compared to the 300 metre setback on all other at-capacity-lakes, he explained.
Reeve Millar questioned if there is an avenue to make a case for lifting the at-capacity-lake stipulation on Muskrat Lake.
Mr. Whitehead said yes it can be challenged once the water quality issue is resolved.
However, the decision to manage Muskrat Lake as a lake trout lake is beyond the jurisdiction of the municipality, he said. If the council wants it lifted, it has to contact the Ministry of Natural Resources.
“It’s more of a political matter than a planning matter,” he said.
Mayor Hal Johnson said the issue is development and the ability to develop along the lake. There has to be some active work on repairing the problem with the lake so the at-capacity designation can be lifted, he said. However, the discussion for this meeting, is planning for property development, not the condition of the lake as it ties into development.
“If all of the things are accepted, and we don’t know until it goes to the province and comes back, then we have time to show, with OP11, that we deserve to have OP11 and take the leadership role and work towards changing the designation,” he said.
Council now has the right tools to have success, he said.
“We have the ability to start development; we have the ability for farmers to sell property whenever they feel like it along the edge of the river; we have 300 metres of developable area; we’ve got a whole lot of things that we should be proud to have in Whitewater Region,” the mayor said. “We need, over time, to work on all of the things, and they’re all serious. But, I think we have a chance to go forward.”
Reeve Millar questioned if a land classification is changed, is the property owner notified.
Mr. Whitehead said during the public consultations, property owners have the opportunity to check the classifications. However, not many attend those meetings and it’s only when a property owner goes to do something on the property is when they find out a classification has changed, he added.
Whitewater’s Chief Building Official Doug Schultz said property owners are notified through an ad in the newspaper that there is an official plan meeting and the land owner must search their own property to see if it is affected.
Mr. Cheesman said people can also check the county’s website to see when the public meetings are being held regarding the official plan.
When there is a change at the official plan level, there are many property owners who would not have received direct notice, he said. However, when it’s a site specific change, a property owner initiates the change and the nearby property owners are notified, he added.
When the official plan is up for review, there are many people talking about it and several meetings are held that people should be aware of, Mr. Cheesman said.
Mayor Johnson asked if there would be a way of notifying people that their property classification has changed, if it does occur through changes with the official plan.
“Not everybody gets the paper, not everybody reads the paper, not everybody feels like going to public meetings, but yet they still own land,” he said.
Councillor Charlene Jackson said each property would have to be notified, and it becomes difficult administratively.
“That’s why it’s up to property owners, and I can’t stress this enough, if you have a concern and you think you might be in a designation you don’t want to be, you have to come out to those public meetings and if you don’t, in the future, unfortunately, it may cost you to make a change in that designation,” she said, adding, “It’s extremely important for the public and notification is always going out, maybe with the final tax bill, in the newsletter, to state when the public meetings are going to be held. Pay attention, it’s your property, you have care and control of the property and you have to find those answers out.”
The public meetings for OP11 were well attended, Mr. Cheesman said.
As for the county official plan, the public meeting for Cobden has yet to occur, he said. However, he noted residents can attend any of the public meetings regarding the official plan, it doesn’t have to just be the one in Cobden.
Mayor Johnson and Reeve Millar are hopeful a public meeting regarding OP11 will be held to inform the residents of where everything is right now, of what has been achieved.
Councillor Cathy Regier supports the idea of a meeting to inform the public, however, she doesn’t want a free-for-all occurring again, such as what happened a few years ago, when chaos occurred during a public meeting.
Coun. Jackson suggested an open house be held, instead of a public meeting. This would allow people to come in at their own leisure during a certain time period to find out if their property classifications have changed.
Chief Administrative Officer Christine FitzSimons suggested an open-house style meeting be held in June, prior to everyone getting busy with summer vacations.
Mr. Cheesman said hopefully the planners can meet with the province prior to the June meeting so it will be much clearer where the province stands with approving the OP11 changes.
Councillor Chris Olmstead said it seems people within the municipality are split right down the centre whether they like the official plan and OP11 or not.
