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HomeMy WebLinkAbout2010-04-08 MinutesI-$ CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, APRIL 8, 2010 MEMBERS PRESENT: Mary Ann Found Brenda Metcalf Tom Barrie Henk Mulders Donald Rickard REGRETS: Jennifer Knox Orwin Bandstra Mark Bragg STAFF: , Faye Langmaid Dean Jacobs Ross McMaster Ted Watson Gary Jeffery Eric Bowman Marlene Werry -Durham Region GUEST: Peter Doris, Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) ADOPTION OF AGENDA 10-09 Moved by Eric Bowman, seconded by Ted Watson 'That the Agenda for April 8, 2010 be adopted, with the amendment to point no.4 that the guest speaker Marilyn Bidgood is replaced with Peter Doris. "CARRIED" ARRPOVAL OF MINUTES 10-10 Moved by Eric Bowman, seconded by Ted Watson `Thaf the minutes of the March 11, 2010 meefing be approved." "CARRIED" GUEST: Peter Doris, OMAFRA Peter Doris is an Environmental Specialist with OMAFRA. He was invited to address certain concerns of the Committee specifically related to current regulations e.g. MDS, fines that are imposed on individuals versus corporations, (there seems to be a lack of understanding that small scale farms are corporations), and the requirements of Nutrient Management and Pesticide Acts. Peter provided information on the purpose and application of the Minimum Distance Separation Program (MDS). The Minimum Distance Separation (MDS) Formulae is a land use planning tool that determines a recommended separation distance between a livestock barn or manure storage and another land use. The objective of MDS is to prevent land use conflicts and minimize nuisance complaints from odour. MDS does not account for other nuisances such as noise, flies or dust, and it does not apply to abattoirs, fairgrounds, feed storage and livestock buildings smaller than 10m2. MDS is made up of two separate; but related formulae (MDS I and MDS II). MDS I - provides. the minimum distance separation between proposed new development and existing livestock facilities and/or permanent manure storages located in areas where the keeping of livestock is permitted. MDS II -provides the minimum distance separation between proposed .new, enlarged or remodeled livestock facilities and/or permanent manure storages and existing or approved- development e.g. plans of subdivision, located in areas where the keeping of livestock is permitted. Questions/Answer Session: Faye pointed out the concern with MDS is that it does not apply in reverse. .There is nothing to limit where new plans of subdivision are proposed adjacent ,to farmland where there is no livestock building or manure storage, and the farmer wants to erect such a facility, he/she is penalized through MDS II and in the process also hampered in diversifying his/her operations or to do value-added farming. The implementation of the new Pesticide Act and the restrictions on the application requirements for certain pesticides for tender-fruit operations means they .are not permitted immediately adjacent to residential plans of subdivision.. Could a buffer be introduced as an interface between residential subdivisions and adjacent farmlands? Apparently, British Colombia has .examples of -where developers were required to provide buffer areas along the edge of plans of subdivision. Peter indicated that he is not aware of any buffering requirements in Ontario and. suggested that the Committee lobby through farming federations to request OMAFRA to review the MDS program with particular reference to the treatment of non-livestock operations and the implications of MDS II on farm operations. The Committee has significant concerns about the definitions in the regulations about farmers and corporations and the impact it has on fines that are imposed. The policy writers tried to avoid imposing huge fines on small farming operations, but have not recognized the fact that most farmers (mostly family farms) were corporations. The Committee has brought this matter to John O'Toole's attention and he has written letters. It has also been brought to the attention of OMAFRA officials, the same ones who were involved in the drafting of some of the regulations and they were not aware of the difference and did not appear to be prepared to do anything about the issue. AACC - Apri18, 20 ~ 0 Page 2 Replacement Page Peter stated that legislation set minimum fines and that fines are set in the Act, which makes it more difficult to amend. He acknowledged the problem and indicated that he would explore whether and how this matter can be addressed by OMAFRA. There was discussion on recent changes to the Nutrient Management Act, particularly with regard to the application of non-agricultural source materials (NASM) e.g. paper pulp by-products or bio-solids from a sewage treatment plant. Peter mentioned that in terms of the changes to the regulations under the Nutrient Management Act, after January 1, 2011 if a farmer wants to apply materials on farmland he/she will have to have anon-agricultural source material plan in place that will look at issues such as the nutrient balance of the fields and proximity to wells, surface water and neighbouring residences. OMAFRA are the approval authority while MOE will be notified of the application, responsible for compliance and enforcement of NASM plans.. The municipalities will not be involved in the approval process. ~be notified of NASM plans approved for land in their area. In terms of what is new and at the forefront of change, Peter indicated that the whole aspect of green energy e.g. solar and wind farms, is coming to the forefront. Some of the key challenges seem to be the structure of taxation imposed on green energy projects on farmland and that solar and wind farms can potentially tie up land for farming and be a disadvantage when the farmer wishes to sell. Peter was also informed by the committee about the MOE proposal to levy 23c per kg on fertilizer. Apparently this is to reduce the amount of fertilizer ending up in landfill, since farmers rarely dispose of fertilizer (rather they save it and use it) - this is in effect a new' tax on agriculture. The Committee expressed the concern that it will have an adverse affect on the cost of farming. Peter indicated that he will take the matters of the proposed levy increase in fertilizer, the definition of "farmer" in terms of the Pesticide Act and the concept of buffers between farms and other uses up within OMAFRA. Gary thanked Peter for attending and providing the information. BUSINESS ARISING FROM MINUTES DEAC Awards -.Algoma Orchards Ltd. have received the Eric Krause Innovative Plans/Policies/Initiatives Award from the Durham Environmental .Advisory Committee. The award recognizes Algoma for their innovative approach to reducing water usage: Through the .process of establishing their new apple sorting and packaging facility in Clarington, Algoma installed an on-site state of the art water recycling treatment system - a first for any fresh fruit/vegetable packing facility in North America. Algoma was nominated by Durham Region with support from The Agricultural Advisory Committee of Clarington. The Ag Committee toured the facility in September 2009. One of the noteworthy aspects that the Ag Committee detailed in their letter of support AACC -April 8, 2010 Page 3 was the care with which Algoma carefully specified local sources for their construction facility and the support that they are providing for local grows. Congratulations to Algoma, the DEAC Award will be presented in May at a reception for all the award winners Request for back-yard chicken farming in urban areas: Recommendation by Municipal Clerk's Staff to not allow it on non-agricultural lands, approved by GPA on March 29, 2010. CORRESPONDENCE A letter dated March 15, 2010 from John O'Toole's office to OMAFRA, that was drafted with the assistance of Gary, which outlines the conflicting interpretations of the definition of "farming" vs "corporations" in the numerous sets of legislation and the implications it has on the imposition of penalties (circulated). A letter dated March 16, 2010 from John O'Toole's office to MOE expressing concerns regarding the proposal to charge a levy of 23c per kilogram on fertilizer sold by the bag and the impact it would have on the cost of farming (circulated). REPORTS FROM OTHER COMMITTEES DAAC DAAC tour -September 17, here in Clarington with Algoma as part of the tour. Other details to be finalized. Durham Federation of Agriculture Mary Ann Found reported that the annual Farm Connections event was very successful with approximately 640 people attending the open house on Wednesday, April 7cn Trillium announced that it would make available an amount of $ 79,100 to DFRA for an Agricultural Awareness Program amongst high schools over a 3 year period. General meetings of DFRA for 2010: April 20, August 17 and November 16. Annual meeting set for September 21, 2010. Meeting on April 20th will feature Don McCabe on the Green Energy Act. Clarington Board of Trade The Clarington Board of Trade general meeting is on April 22, 2010. Don is a representative on the CBOT and involved with the Economic Development Committee's Strategic Planning exercise that will also explore the investment opportunities associated with the local agricultural sector. CBOT has been. working through a strategic planning exercise and are seeking advise from the Agricultural sector. Don will continue working with the committee. AACC -April 8, 2010 Page 4 OTHER BUSINESS Councillor Robinson requested that the Committee provide Council with a resolution outlining its concerns with the application of MDS and the adverse impact it has on farm operations. Contact Brian Hancock at OFA may assist in knowing what they have done regarding this issue. FUTURE AGENDA For May meeting: Pam Lancaster from GRCA on Source Water Protection. Bill Hasiuk will also make a delegation on rural road speeds. For June meeting: Kathryn Kram and Kathy MacPherson from the Greenbelt Foundation will be attending. They have just completed some research on issues that the agricultural community have with policies. Some of the case studies were local Durham examples. Moved to Adjourn: Tom Barrie Next Meeting: May 13, 201.0 7:30 p.m. AACC - Apri18, 2010 Page 5