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