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HomeMy WebLinkAboutPDS-031-21Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 17, 2021 Report Number: PDS-031-21 Submitted By: Reviewed By: File Number: Ryan Windle, Director of Planning and Development Services Andrew C. Allison, CAO PLN18.7 Report Subject: Telecommunication Towers Recommendations: By-law Number: Resolution#: PD-177-21 1. That Report PDS-031-21 be received for information; and 2. That the Interested Parties be provided a copy of PDS-031-21 and Council's recommendation. Municipality of Clarington Report PDS-031-21 Report Overview This report outlines Council's approved policies and procedures for the installation of telecommunications antenna and towers in Clarington. 1. Background Page 2 1.1 On April 26, 2021 Planning and Development Committee, requested that staff provide clarification on the Municipality's role in the approval of telecommunications antenna and towers and to advise whether Council can write to the Canadian Radio -television and Telecommunication Commission expressing opposition on behalf of the residents. 1.2 The request followed a Public Information Centre hosted by LandSquared (Freedom Mobile) where some area residents and the local Councillor expressed some concerns with the location of a new telecommunications tower proposed at 3216 Trulls Road in Courtice. 1.3 Staff note that interested parties of the Trulls Road application and the representatives of LandSquared (Freedom Mobile) will receive a copy of the Telecommunications Tower Policy (PSD-DG008) which was approved by Council in Report PSD-041-13, through the circulation of this Staff Report. 2. Telecommunication Approvals Process Federal Jurisdiction 2.1 Telecommunications installations are exclusively regulated by Innovation, Science and Economic Development Canada (ISEDC), formerly Industry Canada. Local municipalities do not have constitutional authority to regulate or prohibit telecommunications facilities through the Planning Act. Council Approved Polices and Procedures 2.2 Council adopted telecommunications policies in 2002. The policies were updated in 2013, following collaboration between the Federation of Canadian Municipalities and Canadian Wireless Telecommunication Association on policies to make the installation of telecommunications antenna and towers consistent across the country (Attachment 1). In summary, the policy: provided direction for selecting appropriate locations for towers and antenna systems; Municipality of Clarington Report PDS-031-21 Page 3 • attempted to minimize the number of such facilities and their visual impact through co -location (more that one provider on one tower); • required public consultation; and • provided a straight- forward process for the provider to install telecommunication antenna and towers. 2.3 The policy ensures that the installations of telecommunication systems are treated and processed in a consistent manner. The policy acknowledges that the federal government through Innovation, Science and Economic Development Canada is the approval authority. The responsibility for review of applications and providing a municipal response is delegated to the Director of Planning and Development Services through the policy. 2.4 The procedure for a new tower installation generally follows the same process as a site plan application, however it is not an application under the Planning Act. 2.5 The procedure requires the following: • A Pre -consultation meeting; • A Complete site plan application; • The circulation of the site plan to internal departments and relevant outside agencies; • A public consultation process, which requires the telecommunications provider to provide notice of a Public Information Centre (PIC) to all landowners within 120 metres of the subject site in urban areas or 500 metres for a site outside the urban areas. The provider is required to host the Public Information Centre where they present the proposal, answer questions and summarize the discussion in the minutes of the meeting. Municipal staff attend the meeting for information purposes. • Following the review of the site plan, and in consideration of public comments, the Director of Planning and Development will issue either a Letter of Concurrence or a Letter of Non -Concurrence to ISEDC. • When a Letter of Concurrence is issued, the telecom provider will enter into a Letter of Undertaking with the Municipality for the tower installation including driveway location, fencing and landscaping around the compound. • In the instance where the Director issues a letter of Non -Concurrence, the provider can appeal the decision to the ISEDC, who can decide whether the project can move forward or not, regardless of resident concerns and requests. Municipality of Clarington Page 4 Report PDS-031-21 3. Landsquared (Freedom Mobile) on Trulls Road, Courtice 3.1 In October 2020, Landsquared/Freedom Mobile submitted an application for a 50 metre telecommunication tower (monopole) at 3612 Trulls Road in Courtice. See Figure 1. The applicant provided a justification brief noting there are few towers in the area; therefore, co -location is not an option. 3.2 The complete application was circulated to the Public Works Department for comment. The site is located away from any environmentally protected lands, thus, the conservation authority was not circulated. Figure 1 - 3612 Trulls Road in Courtice Municipality of Clarington Report PDS-031-21 Page 5 3.3 On March 31, 2021, Landsquared hosted a virtual Public Information Centre (PIC). Four members of the public attended the meeting, as well as Councillor Jones and a staff member from the Planning and Development Services Department. 3.4 Staff received written comments in opposition from three area residents and a petition with 41 area residents noting concerns. The concerns are summarized below: • Effects on health; • Visual impacts; • Negative impacts to property value; • Impact on agricultural operations • Were other locations explored away from residential properties. 3.5 The representative from Landsquared provided answers to all the questions which are included in the minutes of the meeting in Attachment 2. 4. Discussion 4.1 In order to keep pace with the demand for telecommunications service, there has been an increase in the number of telecommunications towers erected in Clarington and more are anticipated, particularly with people working from home. 4.2 ISEDC Industry Canada is the approval authority for regulated antenna systems. Clarington Council's adopted policy and procedures are co-ordinated with federal procedures and protocols. The role of the Municipality of Clarington is to provide comments with respect to land use compatibility and, where required, issue a letter of concurrence or non -concurrence regarding a specific proposal. The Municipality has no constitutional authority or regulate or prohibit telecommunications facilities. 4.3 With respect to the proposal by Landsquared, the site is designated Urban Residential within the Urban Area of Courtice. The area is largely undeveloped at this time but owned by development interests. There are no cell towers in this area of Courtice. 4.4 From a technical perspective, the tower will be located at the rear of the property, which abuts open space lands to the west. There will be no new access point as the existing driveway would be used. In this case, based on these land use considerations, there is no compelling reason to issue a Letter of Non -Concurrence from Staff's perspective. Municipality of Clarington Report PDS-031-21 5. Conclusion Page 6 5.1 The Council approved policy and procedure harmonizes with the federal policies and regulations. Providers of telecommunications installations are required to consult with local land use authorities and consult with the public. The telecommunication industry is regulated by the federal government which ultimately approves the location and installation of telecommunication towers. 5.2 In response to Resolution #PD-146-21, Staff can confirm that individual Council members can write to Innovation, Science and Economic Development Canada, the approval authority on behalf of their constituents in opposition to the proposed cell tower at 3612 Trulls Road in Courtice. 5.3 Alternatively, Council could direct Staff to either issue a Letter of Concurrence or a Letter of Non -Concurrence. However, Staff note that this would be unique in that the municipal response to telecommunication tower proposals is delegated to the Director of Planning and Development Services as per the Council adopted Policy PSD-DO008. In the absence of any specific Council direction Staff would issue a Letter of Concurrence in this case as the proposal satisfies the aforementioned policy. Staff Contact: Cynthia Strike, Manager of Development Review, 905-623-3379 ext. 2410 or cstrike(a�clarington.net . Attachments: Attachment 1 — Council approved Antenna System Policy Attachment 2 — Minutes of Meeting for 3612 Trulls Road Telecommunication Tower Interested Parties: List of Interested Parties available from Department. Attachment 1 to Report PDS-031-21 PLANNING SERVICES DEPARTMENTAL POLICY SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council LIDATE APPROVED: REVISED: ovember 25, 2002 July 2, 2013 INTRODUCTION: In order to keep pace with the demand for telecommunications service, there has been an increase in the number of telecommunications towers erected across the Municipality of Clarington and more are anticipated in the coming years. Industry Canada, the approval authority for regulating antenna systems, ensures that municipalities are consulted prior to the erection of towers and significant antenna structures unless the proposal falls within the exclusion criteria of the Industry Canada procedures. The role of the Municipality of Clarington is to provide comments with respect to land use compatibility and, where required, issue a letter of concurrence or non -concurrence regarding a specific proposal. The Municipality has no constitutional authority to regulate or prohibit telecommunications facilities. PURPOSE: To maintain policies and procedures that are harmonized with Industry Canada procedures and protocols for the installation of antenna systems, which emphasize the following: • Minimize the number of new antenna sites by encouraging co -location; • Encourage designs that integrate with existing and planned surrounding land use and public realm and minimize visual impacts; • Allow input from the public; and • Provide a straight -forward, objective process for the installation of antenna systems. POLICIES: 1. Definitions Antenna System shall mean an exterior transmitting device — or group of devices — used to receive and/or to transmit radio -frequency (RF) signals, microwave signals, or other federally-licenced communications energy transmitted from, or to be received by, other antennas. Antenna Systems include the antenna, and may include a supporting tower, mast or other supporting structure, and an equipment shelter. Alternative Tower Structures shall mean man-made support structures that camouflage or conceal the presence of antennas or towers such as flagpoles, clock towers, church steeples, street lights, artificial trees and other everyday features. Co -location shall mean the placement of antennas and equipment operated by one or more proponents on a telecommunications Antenna System operated by a different proponent, thereby creating a shared facility. Equipment Shelter shall mean a structure containing equipment necessary to transmit and receive signals. Freestanding Antenna System shall mean a structure (tower, mast, etc) built from the ground for the MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page I SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 express purpose of hosting an Antenna System(s). Structure/Building-Mounted Antenna System shall mean an Antenna System mounted on an existing structure, which could include a building wall or rooftop, a light standard, water tower, utility pole or other. 2. Site Selection For New Antenna Systems a) The installation of new antenna systems is discouraged unless all other options within the proponent's search area have been explored and are considered not viable. The preferred methods of achieving additional capacity are: i. Co -location on existing Freestanding Antenna Systems or Structures/Buildings; ii. Location on hydro transmission towers; iii. Location of towers within or adjacent to hydro transmission corridors; and iv. Use of Alternative Tower Structures. b) Antenna Systems shall be located in a manner that minimizes visual impacts. When locating a new antenna system, the following shall be considered: i. There shall be no negative impact on significant natural features or hazard land areas; ii. Distances shall be maximized from residential areas, community and institutional uses, historical downtown areas, and waterfront areas; Ill. Terminal vistas from existing and future roads and areas of topographical prominence will be avoided; iv. Locations and heights within urban areas or hamlets where Transport Canada will require lighting the tower should be avoided; v. Towers shall not be located on properties within the urban areas where development or redevelopment is contemplated as a present or future land use within the Clarington Official Plan; vi. Alternative Tower Structures should be used wherever possible, particularly in urban and hamlet areas; and vii. Towers shall generally be setback 100 metres from any residential building. c) Telecommunication facilities shall not be permitted on private property that is only accessible by an unopened road allowance. 3. Site Design and Layout a) New Telecommunication Facilities The following shall be considered in the site design and layout of new antenna systems: i) Planting of trees and shrubs around the perimeter fencing to mitigate the visual impact of the antenna system and equipment shelter; ii) An identification sign identifying the name and contact information of the carrier(s) must be installed and maintained at the location of the antenna system, in compliance with the Sion B MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 2 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 law, subject to the issuance of a sign permit from the Municipality of Clarington; and iii) Where alternative tower structures are not feasible, antenna systems and equipment shelters shall blend in with the character of the surroundings, including both colour and design. b) Roof Tops or Existing Structures When locating telecommunications facilities on rooftops or existing structures, carriers shall endeavour to minimize the visual impacts of such facilities by considering the following: I. Utilizing alternative tower structures; ii. Screening should be provided such that the antenna system is not visible from the ground, to the extent possible; iii, Equipment shelters on roof tops should be setback from the roof edge not less than 5 metres; and iv. The colour and architectural style of the antenna and equipment shelter should blend in with the building or structure. 4. Other a) Owners shall remove antenna systems that have not been in use for two years. b) The Municipality will encourage buildings greater than 10 storeys to be designed to accommodate antenna systems. PROCEDURES FOR MUNICIPAL AND PUBLIC CONSULTATION 1. Pre -consultation a) Prior to the installation of antenna systems, proponents are strongly encouraged to consult with the Municipality's Planning Services Department, and Engineering Services Department to discuss the site search area, site selection, including land use compatibility, sensitive visual areas and vistas, existing and proposed land uses and other potential impacts. Consultation with the Chief Building Official may also be required. b) The proponent is required to consult with adjacent municipalities within 500 metres, measured from the tower base, or the outside perimeter of the supporting structure, whichever is greater. The proponent shall provide written confirmation of this consultation to the Director of Planning Services. 2. Submission Requirements For the purposes of administration and processing, proponents will be required to complete an application for site plan approval. The application shall be submitted to the Municipality of Clarington Planning Services Department with the appropriate fees. Such applications are not processed under Section 41 of the Planning Act. a) New Freestanding Antenna MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 3 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 All proposals for new Freestanding Antenna Systems, where consultation with the Municipality is required by Industry Canada, will include the following information: I. Written justification from the proponent as to the need for the Antenna System and that the proposed location for the new tower is the preferred alternative. Structure/Building-mounted Antenna Systems, Co -location, Alternative Tower structures and compliance with Health Canada's Safety Code 6 shall be addressed in the justification; ii. A site plan showing the subject property, including the existing property lines, and/or the leased area (as applicable), site grading, existing and proposed buildings, fences, buffering, existing and proposed landscaping, access, parking and type and height of the proposed Freestanding Antenna System; iii. Pictures of the location and the proposed Freestanding Antenna System and associated facilities superimposed on the picture from four directions; north, south, east and west; iv. Two sets of stamped engineered drawings to identify the Freestanding Antenna System design; and v. A map showing the horizontal distance between the Freestanding Antenna System installation and the nearest residential zone and/or residential dwelling. b) Structure/Building-mounted Antenna Systems All proposals for Antenna Systems'on structures and buildings, where consultation with the Municipality is required by Industry Canada, will include the following information: i. A plan showing the location of the proposed Antenna System and associated facilities on the structure or building; ii. Two sets of stamped engineered drawings to identify the Antenna System and associated facilities on the structure or building and anything required by the Clarington Chief Building Official; and iii. Pictures of the structure or building with the proposed Antenna System and associated facilities superimposed on the picture from four directions; north, south, east and west. c) Alterations to existing Antenna Systems Where modifications to an existing Antenna System are proposed, that are not excluded from municipal consultation, an amendment to the approved plans may be required and the corresponding fee must be remitted. 3. Public Consultation Process a) Public consultation may not required by the Municipality in the following situations: i) Roof top installations of Antenna Systems; ii) Additions or modifications of existing Antenna Systems where the original height of the structure is not being increased by more than 25% and where the existing Antenna System is at least 15 metres in height; and iii) Antenna Systems that are less than 15 metres above ground level. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 4 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNASYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 The Director of Planning Services may also exempt the proponent from the public consultation requirement following pre -consultation with the Planning Services Department and the proponent. Exemptions will generally be considered where towers are proposed adjacent to 250 kv or 500 kv hydro towers. b) Required Public Consultation Notice Requirements For proposed new Antenna Systems or significant additions or modifications to Antenna Systems, the proponent shall give written notice, by regular mail or hand delivered, to the owners and/or tenants of the lands within the circulation area of the subject property or leased area, adjacent Municipalities (where required), the Director of Planning Services, the Municipal Clerk, and all Members of Clarington Council. The circulation area for the notice is as follows: Within Urban Areas, except for — 120 metres or 4 times the height of the tower Future Urban Residential Areas whichever is greater In all other areas — 500 metres Where the circulation area extends onto a property with multiple tenants or residents (apartments, condominiums, commercial areas etc.) all of those tenants or residents must be notified of the proposal. The notice shall include the following information: • The location of the subject property, the leased area (if applicable) and the proposed location of the Antenna System on the subject property; • A plan that shows the Antenna System type, height, design, colour, associated structures, access locations and lighting; • A confirmation that the Antenna System will comply with Health Canada's Safety Code 6, which sets safe radiofrequency emission levels for these devices; • The rationale, including height and location requirements, of the proposed Antenna System; • Date, time and location of Public Information Centre; • The name and telephone number of a contact person employed by the proponent and the municipal contact person; and • A deadline date for the receipt by the proponent of public responses to the proposal. The Municipality shall provide a mailing list to the proponent. ii) Public Information Centre The Public Information Centre (PIC) shall be held no sooner than 30 days and no later than 45 days of the notice being mailed or hand delivered. The format of the PIC may be determined by the proponent however the date, time and location for the PIC shall be agreed upon by the Municipality and the proponent. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 5 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNASYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 At the Public Information Centre the proponent shall be responsible for displaying all the necessary drawings and pictures. Subsequent to the Public Information Centre the proponent shall provide to the Planning Services Department the following: • A record of names, addresses and telephone numbers of attendees; • Notes of the meeting which include issues and concerns that were raised by the public; and • A letter indicating how the proponent will address the concerns and issues raised by the public at the PIC. Staff from, the Planning Services Department shall attend the Public Information Centre for observation purposes only. 4. Approvals a) Letter of Concurrence or Non -concurrence The Director of Planning Services will issue to Industry Canada, the proponent and Members of Clarington Council a Letter of Concurrence stating that the proponent has satisfactorily consulted with the Municipality. Such letter will be provided within 60 days from the date the application is submitted and deemed complete by the Planning Services Department (120 days where public consultation is required) or, in the case where a Letter of Undertaking is required, when a Letter of Undertaking has been completed to the Municipality's satisfaction. ii. If the Municipality of Clarington is not satisfied with the proposal, then the Director of Planning Services will issue a letter of non -concurrence to Industry Canada, the proponent and Members of Clarington Council indicating the reasons why the Municipality is not satisfied with the proposed Antenna System. b) Letter of Undertaking i. Letter of Undertaking is required in situations where: • a new, non -excluded Antenna System is constructed; • a new equipment shelter is to be constructed on a roof -top; and • a new equipment shelter is to be constructed to accommodate co -location on an existing Antenna System. ii. When the Municipality of Clarington is satisfied with the site location, layout and design, the proponent will provide a Letter of Undertaking, in the Municipality's prescribed format, to address the following issues as they are applicable: • Site Plan and Landscaping drawings; • Building Permits; • Entrance Permits from the road authority; • Sign Permits from the Municipality of Clarington; • Security deposits for site works; MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 6 SUBSECTION: DEVELOPMENT GENERAL SUBJECT: ANTENNA SYSTEMS PSD-DG008 APPROVED BY: Council DATE APPROVED: REVISED: November 25, 2002 July 2, 2013 • Road widenings and easements; • A commitment to remove an Antenna System within two years of it no longer in use; • A commitment to accommodate other future antennas on site where feasible; and • Other conditions as required. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT Page 7 Attachment 2 to Report PDS-031-21 Freedom Mobile 3612 Trulls Road Telecommunication Tower Proposal Public Information Session: Meeting Minutes Attendees: • Sean Galbraith • Stefan Prochoruk • Janice Jones, Ward 1 Councillor • Diana, Neighbour • Cindy Strike, Municipal Planner • Catherine, Neighbour • Matthew Topics Discussed: Proposed Telecommunication Towers Facility, 3612 Trulls Road Canadian Wireless Industry • 33.2 million wireless subscriptions • More Canadians have wireless than wired services • 85% of wireless subscribers have more than 1 GB of data • 81 % of Ontario households have at least one mobile phone • 50% of 18-34 y.o. Have no landline (wireless only) • 280 million text messages/day • More than 73% of Canadians have a smartphone • 60% of 911 calls made from a wireless device o Increase as smart phones become more popular • Data usage is increasing at 34% per year • Subscribers increasing • Consumption increasing • Experiencing unavailable service, dropped calls and incomplete data requests • Increasing reliance on service • Work from home changing how network is used • Adding new antenna sites to significantly improve service availability and reliability Signal Strength Considerations • Distance and objects block signal • A degraded signal can result in dropped calls and slow data speeds • Buildings and structures degrade signal strength • Trees and obstructions create areas with greatly decreased service ("shadowing"). Degree varies by season. • A high number of users accessing network on the same antenna installation can also reduce the quality of the connection. Radiation Safety • Electromagnetic Spectrum o Non -ionizing radiation (cell phones, television signals, satellite dishes, etc.) and ionizing (medical x-rays, radioactive sources) radiation ■ Non -ionizing radiation is not strong enough to impact at a cellular level ■ Ionizing radiation (dangerous) Public Health Agency Views on Cellular Networks • Many public health agencies have commented on the safety of cellular networks Health and Safety • Health Canada regulates electromagnetic and microwave emissions for antenna installations (known as "Safety Code 6"). Cellular antenna tower installations commonly emit significantly lower levels than are considered safe by Health Canada. These emission level calculations include those already in the area from other existing installations. • By the time the signal reaches the nearest residence, emissions are typically around 10% (or lower) of allowable Safety Code 6 limits. • Health Canada limits are calculated at a height of 2m in the vicinity of the installation, where measurements would be highest. Installation Information • A third party took measurements at the proposed sight to tell us what kind of levels we would be looking at for this installation. o They found that at its highest level, the cell tower would generate 4/10ths of 1 % below the limit of Safety Code 6 • We look at co -location on existing antenna sites first. • Proposed Installation - 50m monopole antenna Other Properties in the Area • We have looked at other properties in the area and evaluated our proposed location as the best installation site. Comments Received • "The installation is in a residential area." o They need to be located in the area it is intended to improve service in. • "We should not locate them in agricultural areas." o Agricultural areas are common locations for cell towers. Comments and Feedback • Stefan Prochoruk: o There is opposition from the owners of a home located right next to the proposed tower site for a number of reasons: ■ There is a fear of having this tower in their backyard. ■ Concerns over health' risks and future potential health risks as technology advances. ■ Proposed alternative sites for a tower: along Highway 2, along Pebble Stone - did Freedom mobile have direct refusal from those landowners? Why can't the neighbourhood refuse as well? There was a signed petition with 41 members of the neighbourhood who were against the site for the cell tower. ■ There's a lot of land in the east that will not affect many homes. • Diana: o Personal research has led her to studies from around the world on the effects of cell towers. Some of those studies found that they can lower serotonin and melatonin in the body, and can lead to headaches. o People have the right to say yes or no to having this cell tower right above their heads. • Janice Jones, Ward 1 Councillor: o Janice has been contacted by a number of people regarding this cell tower and they want to know the following things: o When will a final decision be made on this if it's a go or not? ■ Answer: That is in the hands of the municipality. There's a process (Clarington's Cell Tower Protocol) that's being followed and the timing is simply how long this process takes. Once there's approval from the municipality, Freedom needs to engineer the tower, conduct a geotechnical study to check the soils, fabricate the tower, and then get the approvals from Industry Canada. With all of this, it's not expected to be constructed no earlier than next year. If concurrence is not given by municipality, then Freedom would have to choose whether or not to appeal that to Innovation, Science and Economic Development Canada (formerly Industry Canada). o Issues regarding public health do not fall under the jurisdiction of the municipality. That's exclusively under the regulation of Health Canada. o How long can comments be made from the public? Is there a deadline for written comments to be submitted to Sean Galbraith or Municipal Planner? ■ Sean Galbraith will always respond to comments sent to him. o Does Freedom "decorate" or minimize the appearance of their towers? ■ Trees (monopines) or adding a cross ("shrouding") can be done. However, trees are difficult to do because they act as sails. o Have tower proposals ever been denied? ■ They do not get denied very often. Reasons for denial in the past: the approval's not delegated to staff as a part of the official process, or enough locals convince enough councillors to say no. ■ Impasse: the appeal process at Industry Canada can decide that the project has technical merit and could approve it if they want. • Cindy Strike, Municipal Planner o The protocol that then Municipality follows is issued by Innovation, Science and Economic Development Canada. It's a federal body and they override the approvals under any application under the Planning Act. o Our input to the approvals of a cell tower are dealing with things that are onsite: location of the cell tower, location of the driveway to the cell tower, any fencing around the tower, etc. • Catherine, Neighbour o If Freedom and the property owner have come to an agreement, is there anything the neighbours can do to try and stop this from going through? ■ Answer: Attending these information meetings and submitting your questions is important to having your voice heard. The Municipality will make its decision. Communities make their choice when they use cell phones and request the service that these towers facilitate. • Cindy Strike, Municipal Planner o Approval process from the Municipality perspective: at the end of the day, the Municipality does not have the ability to approve or deny the cell phone tower. It is up to the federal government. o The final decision goes to Industry Canada. The Municipal decision does carry weight in the decision. • Stefan Prochoruk: o What is the protocol for acquiring sites (to establish alternative sites)? Why is an alternative site not possible? ■ Answer: We want better sites. If property owners returned more than one call to locate on their site, we would prefer that, but they didn't. We can't expropriate land from them. There is no protocol for acquiring sites. It's like any real estate transaction. ■ It's common for landowners to reject cell tower proposals because there is a potential for development in the future. If a site looks like a good alternative it doesn't always mean it is a good alternative. • Diana: o Is Freedom prepared to sign contracts saying they will pay for health bills if the government comes out in the future and says x, y, and z (related to cell towers) presents health risks? ■ Answer: No, we would not sign a contract. All installations are regulated by Health Canada. We are 227 times below the limit set by Industry Canada for this site. You are getting more exposure from your phone, your home wifi, or even your digital alarm clock by your bed. We operate within the limits of Health Canada. • Janice Jones, Ward 1 Councillor: o If the Council voted against this, would that be held up or not valid? ■ Answer: You would have to change the protocol to remove the authority from the Director of Planning to make that decision. ■ From Planning's perspective, we have a protocol that was approved in 2013 that respects the fact that the federal government is the final approval authority. At this point, the final approval authority lies with the Director of Planning and have had very few impasses with the telecommunications providers. ■ The federal government looks to the Municipality and checks if they followed the federal government's process. If the Municipality has and the concurrency is upheld the government will follow through. Coming to an impasse with the Municipality is uncommon. • Stefan Prochoruk: o Expressed that the Municipality has power and at least has the voice to say 41 people oppose this cell tower site and no alternative sites were presented. • Cindy Strike, Municipal Planner o Sean Galbraith's responsibility is to prepare notes based on the conversation today and he will forward those to the federal government as part of his approval process for this cell tower. o We will wait for the federal government's response. o There are lots of developers in this area who want to develop on their land in the future and not want a 20-year contract on their property. • Stefan Prochoruk: o This is one of the next areas that's due for a secondary development plan. He is concerned that the Municipality does not care for the people who signed the petition and is more concerned with the developers and a problem that's 20-years away. • Matthew o Concerned about a cell tower's effect on property values in the area. ■ Answer: A few years ago, the City of Calgary looked at this issue and did not find it affected property values. More people consider living in an area with poor cell phone coverage, so having a cell tower can even increase property value. Sean Galbraith's Response to Health Concerns and the Various Scientific Studies • Scientists do not make their research easily accessible to the public, which is why organizations like Health Canada exist. o Health Canada takes all those legitimate scientific studies and they investigate all of them to see where the limits should be set. o Health Canada consistently reviews new studies and will update changes based on new research. • If new technology changes things or if there's a new groundbreaking study that upends years of understanding of radio frequencies, then Health Canada has the responsibility to change their requirements. The network operators have to adjust their entire system to meet the new requirements. Sean Galbraith LandSquared 275 Macpherson Ave, Suite 103 Toronto, ON M4V1A4 (416)732-5069 saalbraithna landsauared.com