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HomeMy WebLinkAbout2008-11-13 MinutesCLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, NOVEMBER 13, 2008 MEMBERS PRESENT : Tom Barrie Gary Jeffery Henk Mulders Eric Bowman Brenda Metcalf Mark Bragg Ted Watson Jennifer Knox Mary Ann Found Ross McMaster Orwin Bandstra Donald Rickard Councillor Gord Robinson STAFF : Faye Langmaid Susan Hajnik GUESTS: Amy Burke, Chair, Clarington Living Green Committee Michael Kerr, Enforcement Supervior, Ministry of Transportation Paul Foster, Project Manager, Region of Durham Leslie Benson, Clarington Engineering Services Chair called the meeting to order at 7:30 p.m. Adoption of Agenda 08-21 Moved by Eric Bowman, seconded by Ross McMaster ”That the revised Agenda for November 13, 2008 be adopted” Carried Approval of Minutes 08-22 Moved by Brenda Metcalf, seconded by Gary Jeffery “That the minutes of the October 9, 2008 meeting be approved.” Carried Guests: Amy Burke, Chair, Clarington Living Green Committee Amy Burke gave committee an overview of the Living Green Committee The Living Green Community Advisory Committee is a voluntary committee of Clarington business, community, youth and municipal representatives with a mandate to develop a community strategy that will include local actions, policies, programs, and projects for climate change, energy conservation, clean energy alternatives, and promoting more sustainable development practices. During meetings there has been a lot of talk about the agricultural community and where their concerns may lie. On behalf of the Green Committee Amy would like to offer an opportunity to work with this agricultural committee on any sustainability projects and would like to know of any concerns with environment, sustainability that Ag committee may have. Guests: Michael Kerr, Enforcement Supervisor, Ministry of Transportation Paul Foster, Project Manager, Region of Durham Leslie Benson, Clarington Engineering Services Mike Kerr provided committee with an excerpt of Section 122 from the Highway Traffic Act, which deals specifically with ½ load restrictions. Section 122 speaks to commercial motor vehicles which includes any vehicle that have a gross weight of 4500 kg. During the period of reduced load the weight of the axles can not exceed 5000 kg. Only vehicles exempt under highway traffic act are the ones spoken to in subsection 2 & 3. These are the parameters they must work within. An officer can use his discretion if it is a few kg’s over, but as a rule officers go by what is written. Most vehicles trucking to farms are 3 axle. When spring thaw approaches, they are advised where the Region will place exemptions and where the signs will be. Exemptions and signage are strictly the decision of the Region for Regional Roads or Municipality for local roads. Leslie Benson provided committee with the list of exempt roads within Clarington. Why have we gone to using the calendar to determine ½ loads instead of by weather/road conditions. This is the decision of the region/municipality. In an effort to try to minimize time weight restrictions are in effect. The decision is made based on current weather conditions and extended forecasts. The Region and municipality will try to list restrictions earlier if conditions permit. The decisions are a collaborative effort by depot superintendents from the area. The challenge for the region and municipality is when regional roads are posted, municipality typically follows suit as roads cross and it provides for connectivity. Going by the book, and saving the roads causes issues for farms that start earlier –ie late feb early march….. trucks need access to these properties. What/who decreed heavy trucks, -are destroying roads now? We have paved roads, water run-off is ok. There are only a small amount of trucks running March/April, is it going to make that much difference on posted roads? In spring when frost is coming out of ground, heavy trucks with a multitude of heavy loads will eventually push down and cause a pumping action. A road can loose 50% of it’s carrying capacity at that sensitive time of year. One truck will probably not effect the road, but repeated use over time will cause ruts, and damage to the road. The regulations are not geared towards restricting farmers, rather all trucks, including gravel trucks, etc. Are some roads built to withstand heavy loads all year? Yes, roads that are exempt usually have a cross section composition that is strong enough and can withstand the loads at any time of year (provincial highways are examples). Committee noted that most of the roads on Clarington’s exempt list are in industrial areas. What would fine be for 7 axles in ½ load season? 3-4 cents for 100 kg charge could be for every axle that is over. AACC November 13, 2008 Majority of violators are to the west….they do not do much patrol in Clarington because compliance is very good here. If Region identifies road with multiple violators they will place call to MTO and MTO will send officers out. What type of trucks are you pulling over? Any commercial vehicle. Also have authority to lay charges to shipper as well as driver. If you load truck, even if you don’t have scales to weigh…..you could be held liable under highway traffic act – section 126. How do we go about changing this? Weight prevented trucks from entering concession road, and ended up being a time sensitive item. Regional Road 18 is only a surface treated road, so it has only a fraction of the load capacity to build it to a full load capacity, would be in the millions of dollars to make it useable. Could special permits be issued for special circumstances? Region does not issue permits for any exemptions. You would have to go before Regional Council. To date, the results have been consistent – no one is being treated any different. Some are time sensitive…..developers can build any time of year. Farmers are not like everyone else. Very dependant on weather and seasons. Suggest that we put together a piece of correspondence to Regional Works Committee so that it goes through the process to become part of the discussions at Region. Unfortunately, the Act states what is allowable, with regulations it would be much easier to change. Suggest lobbying. Is there a specific timeline as to when this Act is updated? Very few single or two axle trucks, most are tandem, Act is somewhat out of date. Whenever Ministry decides it’s time. Within the Act itself there are many regulations that speak to sections of the Act. Very complicated and very technical. Are there any precedents in other municipalities for exemptions for agriculture? In Leslie Benson time at Clarington there have been no exemptions given and she is not aware of them being provided before her time or at other municipalities. One of things that the Region is doing is trying to expand the number of roads that will be full service, year round service. Taunton Road right through to 115 will be built to this standard in future years. Highway 57 & County Road 20, will all be upgraded to that standard. In a rural environment you can sometimes get closer to that composition by going with a thicker asphalt surface. The composition could be different but the formula works to the same capacity. Unlikely that committee will be able to change the weight capacity. However, if AACC pass a motion for exemptions they will have to lobby Council and the Region to obtain results. Region response: The one unique item is that farmers are time/season sensitive. No idea how the Regional Works Committee would deal with this aspect, they have never had a request from the ag committee. There is no harm in sending request to Region. Clarington response: Leslie has concerns with what it may lead to in other sectors, it would have to be made very clear that it would be for Ag community only. The Municipality is under pressure from developers who want to get in early in the spring and have always said no. Is not up to Engineering, is up to Operations to make recommendation to Council. Again, motion must be specific to agricultural as an example, Clarington has made an exception in the site alteration bylaw for a bona-fide agricultural practices are exempt from site alteration by-law. Resolution to be written for next meeting. AACC November 13, 2008 Business Arising from Minutes: During the 407 presentation at last months meeting it was stated that the 407 Public Information Session would be late this year. Next public information centre has been delayed until February 2009. There was report to Council from planning, there are copies available. Dean Kemper and Dan Romolino will be at Soil and Crop meeting in January. CORRESPONDENCE Letter from Nestor Chornaby re 2008 farm tour. REPORTS FROM OTHER COMMITTEES DAAC Letter from Energy from Waste….want a list of the there closest farms of beef, chicken and dairy so they can do study on the energy from waste site specific human health and environmental risk study. Resolution from this committee on Durham Growth Plan approved. Durham Federation of Ag Held annual meeting. Jerry Clements was guest speaker. Annual convention on Nov 24 & 25 – have two delegations going. Farm Connections is set for April 7, 8 9. Ag trailer is seeking funding for this year, there will be an effort made to expand to extra events other than just fairs; it is already booked for Clarington Winterlearn in Feb. OTHER BUSINESS Culverts: Durham ag committee met last week and wanted to make sure region is aware that now a days equipment is bigger and entrances are not wide enough. When region needs to replace culverts they are attempting to drop 10 metre culverts in instead of the shorter ones. As well, some of the regional roads have narrow right of way. At times 10 metre is still not enough. Region will consider going to even longer if one may be required. This took effect about a year ago. Diameter is assessed – if it is a full redesign, every thing is done in the design process. If it is a reconstruction is all done in the field and how it appears. Rehabilitation cases the Region assesses as it goes. As a Future agenda item it would be good to have the conservation authority(s) come to speak to the issue of “pinch points” this year . Conservation Authority has documented what happened this summer with certain fields flooding, etc. Farmers parade of lights is Dec 3. Eric came to council, thanked them for their support and promoted the date. Pesticide Act and Regulations: Sub committee of Gary, Ted, Faye will draft letter to EBR, which will be circulated to all committee members to be personalized and sent to province. AACC November 13, 2008 Resolution 08-23 Moved by: Ted Watson Seconded by: Gary Jeffery WHEREAS the Provincial government is committed to protecting families by introducing a new toxics reduction strategy to reduce pollution and protect Ontarians from toxic chemicals; and WHEREAS the first step towards implementing this strategy is the legislation for the elimination of pesticides for cosmetic purposes which passed on June 18, 2008; and WHEREAS the Province’s own literature does not clearly articulate that under Regulation 914 there are exceptions to the ban including agriculture, forestry, golf courses and promotion of pubic health and safety; further the Province’s communications indicate that the government has “listened to medical experts – like the Canadian Cancer Society – who has made a convincing case for reducing our exposure to pesticides”; and WHEREAS the Canadian Cancer Society’s November 2008 Conference is centered on the use of agricultural pesticides on food to the point that it would appear that they would like to ban pesticide use for food production; and WHEREAS each different pesticide is licensed by the federal body, the Pesticide Management Review Agency (PMRA) who establishes the rules that the applicator must use when applying the pesticide; and WHEREAS the Province’s Right to Farm Legislation protecting farming activities does not protect farmers from inquiries by adjacent residents; particularly when urban residences are in close proximity to rural areas such as the edge of urban settlement areas in the greenbelt and whitebelt; and WHEREAS the Ministry of Environment often take a more stringent stance when enforcing than the guidelines recommended by PMRA; and WHEREAS the Province’s communications and public education regarding pesticides has to be framed in such as manner as to not cause consumers to become paranoid about the positive uses of pesticides in the production of food, the control of harmful and noxious pests and for health and safety as set out in Ontario Regulation 914; now THEREFORE be it resolved that the Municipality of Clarington request the Province have the Ministry of the Environment work with the Ministry of Agriculture, Food and Rural Affairs to ensure that their communications and educational materials regarding the ban on pesticides for cosmetic use clearly articulate the provinces support for the appropriate use of pesticides by farmers including those that farm near urban areas; and further that the province ensure that the Ministry of the Environment provide public information material along with their cosmetic pesticide communication material that addresses the licensing process for farmers in Ontario who apply pesticides; and further that the Province ensure that the Ministry of Environment enforcement officers work in concert with PMRA and that when considering amendments to the Planning Act a Minimum Distance Separation be established for urban and sub-urban residences from farmland; and that this resolution be circulated to all members of the Association of Municipalities of Ontario. CARRIED AACC November 13, 2008 FUTURE AGENDA December No meeting. January Election of chair Kathy Blake from MPAC In the past when assessments arrived, a lot of people wait for the fist tax bill to appeal…this year…that will be too late. The appeal date has moved, and it is sooner. Please read your assessment. February Perry Sisson, CLOCA Mark Peacock, GRCA Moved to adjourn Eric. AACC November 13, 2008