Agriculture and Rural Affairs Committee

Minutes

Meeting #:

9

Date:

Thursday, November 30, 2023

Time:

10:00 A.m. - 1:00 P.m.

Location:

Ben Franklin Place, The Chamber, Main Floor, 101 Centrepointe Drive, and by electronic participation

Present:

• Chair George Darouze, 
• Vice-Chair Clarke Kelly, 
• Councillor David Brown, 
• Councillor Catherine Kitts, 
• and Councillor Matt Luloff 

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1.

Notices and meeting information for meeting participants and the public

Notices and meeting information are attached to the agenda and minutes, including: availability of simultaneous interpretation and accessibility accommodations; in camera meeting procedures; information items not subject to discussion; personal information disclaimer for correspondents and public speakers; notices regarding minutes; and remote participation details.

Accessible formats and communication supports are available, upon request.

Except where otherwise indicated, reports requiring Council consideration will be presented to Council on Wednesday, December 6, 2023 in Agriculture and Rural Affairs Committee Report 9.

The deadline to register by phone to speak, or submit written comments or visual presentations is 4 pm on Wednesday, November 29, and the deadline to register by email to speak is 9:00 am on Thursday, November 30, 2023.

These “Summary Minutes” indicate the disposition of items and actions taken at the meeting. This document does not include all of the text that will be included in the full Minutes, such as the record of written and oral submissions. Recorded votes and dissents contained in the Summary Minutes are draft until the full Minutes of the meeting are confirmed by the Committee. The draft of the full Minutes (for confirmation) will be published with the agenda for the next regular Committee meeting and, once confirmed, will replace this document.

This is a public meeting to consider the proposed Comprehensive Official Plan and Zoning By-law Amendments listed as Item 7.2 on today’s Agenda.

For the item just mentioned, only those who make oral submissions today or written submissions before the amendments are adopted may appeal the matter to the Ontario Land Tribunal. In addition, the applicant may appeal the matter to the Ontario Land Tribunal if Council does not adopt an amendment within 90 days of receipt of the application for a Zoning By-law Amendment and 120 days for an Official Plan Amendment.

To submit written comments on these amendments, prior to their consideration by City Council on December 6, 2023, please email or call the Committee or Council Coordinator.

2.

Declarations of Interest

Councillor D. Brown

2.1

D. Brown - Rural Community-Building Grant Program – Quarter 4 Applications Review

"In accordance with Sections 5 and 6 of the Municipal Conflict of Interest Act, R.S.O. 1990, I, Councillor David Brown, declare a potential indirect pecuniary interest on the following application to be considered as part of the Rural Community-Building Grant Program – Quarter 4 Applications Review, as my mother is the 4H leader of the Richmond Club located within Carleton County and some of her 4Her's participate in this program: Document 1 - A Carleton 4H Association- Development of confidence, leadership and life skills in Youth."

3.

Confirmation of Minutes

3.1

ARAC Minutes 8 - Wednesday, November 1, 2023 

• Carried

4.

Responses to Inquiries

4.1

ARA-2023-03 - Processing applications through Legal Services

With the will of Committee, Members asked questions of staff on this item.

5.

Presentations

5.1

Water Rate Structure Review Update

6.

Finance and Corporate Services Department

6.1

2024 Draft Operating and Capital Budgets - Agriculture and Rural Affairs Committee

ACS2023-FCS-FSP-0016 - City Wide

The draft budget was tabled at the Council meeting of November 8, 2023. The Agriculture and Rural Affairs Committee report on the draft budget will be considered by Council at its meeting of December 6, 2023.

• Report Recommendation

  That the Agriculture and Rural Affairs Committee consider the relevant portions of the 2024 Operating and Capital Budgets including the tax and rate supported programs, and make recommendations to Council sitting in Committee of the Whole
  to be held December 6, 2023.
• Motion No. ARAC 2023 - 09/01
  Moved by D. Brown

  WHEREAS the Agriculture and Rural Affairs Committee will approve the 2024 Draft Agriculture and Rural Affairs Committee portion of the Capital and Operating Budget for Council’s consideration

  THEREFORE BE IT RESOLVED THAT staff in the Natural Systems and Rural Affairs Office prepare a fulsome 2024 workplan briefing for the Agriculture and Rural Affairs Committee and;

  BE IT FURTHER RESOLVED that this briefing be presented at the next regularly scheduled meeting of the Agriculture and Rural Affairs Committee.

  Carried
• Motion No. ARAC 2023 - 09/02
  Moved by C. Kelly

  BE IT RESOLVED THAT the Agriculture and Rural Affairs Committee recommend that Council, sitting as Committee of the Whole, approve the Agriculture and Rural Affairs Committee 2024 Draft Operating and Capital Budget as follows: 

  1. Development Review Process (Rural) Operating Resource Requirement (page 2).
  2. Rural Affairs Office as follows:
     
     1. User Fees (page 5);
     2. Operating Resource Requirement (page 4)
  3. The Agriculture and Rural Affairs Committee Capital Program  (page 6) [individual projects listed pages 12-17]. 
  Carried

7.

Planning, Real Estate and Economic Development Department

7.1

Rural Community-Building Grant Program – Quarter 4 Applications Review

ACS2023-PRE-EDP-0053 - Osgoode (20), Rideau-Jock (21)

• D. Brown declared a conflict on this item. ("In accordance with Sections 5 and 6 of the Municipal Conflict of Interest Act, R.S.O. 1990, I, Councillor David Brown, declare a potential indirect pecuniary interest on the following application to be considered as part of the Rural Community-Building Grant Program – Quarter 4 Applications Review, as my mother is the 4H leader of the Richmond Club located within Carleton County and some of her 4Her's participate in this program: Document 1 - A Carleton 4H Association- Development of confidence, leadership and life skills in Youth.")

• Report recommendation(s)

  That the Agriculture and Rural Affairs Committee approve the recommendations on the Rural Community-Building Grants Program applications as detailed in Document 1 (except Application A - Carleton 4H Association -Development of confidence, leadership and life skills in Youth).

  Carried as amended

• As Councillor D. Brown had a conflict of interest on this application, Application A – Carleton 4H Association – Development of confidence, leadership and life skills in Youth, was separated for voting purposes.  Councillor D. Brown did not vote on this item.

  Document 1, Application A - Carleton 4H Association -Development of confidence, leadership and life skills in Youth

  Carried
• Motion No. ARAC 2023 - 09/3
  Moved by G. Darouze

  WHEREAS the City of Ottawa administers the Rural Community-Building Grants Funding envelope through the Rural Affairs Office, with a stated intention to support rural-based community project undertakings by community associations, agricultural groups, or other non-for-profit organizations; and

  WHEREAS the initial report (ACS2011-ICS-PGM-0182) includes criteria listed in Document 1 under section 4.0 which states, in part, that: “Review meetings are anticipated to be held quarterly to make funding decisions”; and 

  WHEREAS the Rural Community-Building Grants has aided in the successful implementation of a multitude of enhancements to communities in rural Ottawa, and it would be beneficial to consider applications more expeditiously, as opposed to quarterly reviews;

  THEREFORE BE IT RESOLVED that the Agriculture and Rural Affairs Committee recommend Council:

  1. Direct the Rural Affairs Office to bring forward applications for the Rural Community-Building Grants Program to an Agriculture and Rural Affairs Committee no later than 30 days after they are received, or at the next regularly scheduled meeting of the Agriculture and Rural Affairs Committee if it does not fall within the 30 day threshold; and
  2. Approve an amendment to the Rural Community-Building Grants Policy to replace the text under Section 4.0 to read as follows: “Review meetings are anticipated to be held within 30 days of receipt of the application, or at the next regularly scheduled meeting of the Agriculture and Rural Affairs Committee, if applicable, to make funding decisions.”
  Carried

7.2

Zoning By-law Amendment – 4348 & 4560 Dunning Road 

ACS2023-PRE-PSX-0003 - Orléans South-Navan (19)

 

• Report recommendation(s)

  1. That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 4348 & 4560 Dunning Road, as shown in Document 1, to prohibit residential development on the retained lands, and to permit a reduced lot width on the severed lands, as detailed in Document 2.
  2. That the Agriculture and Rural Affairs Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of December 6, 2023 subject to submissions received between the publication of this report and the time of Council’s decision.
  Carried

7.3

Site Alteration By-law Review  

ACS2023-PRE-EDP-0041 - City Wide 

• Report recommendation(s)

  That the Agriculture and Rural Affairs Committee recommends:

  1. That Council approve the proposed amendments to the Site Alteration By law 2018-164, as described in this report and attached as Document 1.
  2. That the General Manager, Planning, Real Estate and Economic Development and the City Solicitor be delegated the authority to finalize the amendments and bring forward the amending by-law to Council for enactment.
  Carried as amended
• Motion No. ARAC 2023 - 09/04
  Moved by D. Brown

  WHEREAS City Council approved the Site Alteration By-law in 2018 with a direction for staff to conduct a review and report back on its performance and recommend improvements; and

  WHEREAS according to the staff report that over 2,500 complaints have been received over five years, however, the majority being directed to Drainage staff leading to questions of the effectiveness and intent of the by-law; and

  WHEREAS the intent of the by-law is not to negatively impact a normal farm practice carried out by an Agricultural Operation.

  THEREFORE BE IT RESOLVED that the staff report be amended as follows:
  Site Alteration and Farming 2. be amended and reads as follows “A Normal Farm Practice carried out by an Agricultural Operation shall be exempt from provisions of this by-law where activities do not contravene federal or provincial law as per the Farming and Food Production Protection Act; and

  BE IT FURTHER RESOLVED that Protection of Natural Environment 11. (1) be retained; and

  BE IT FURTHER RESOLVED that Schedule B be amended to include lands in the rural area approximately 1 kilometer beyond the Urban Boundary and Urban Boundary Expansion Lands as outlined in the City of Ottawa Official Plan; and

  BE IT FURTHER RESOLVED that an Agricultural Operation shall not be required to contact City of Ottawa Staff when carrying out site alteration which is incidental to a normal farm practice as proposed in report ACS2023-PRE-EDP-0041; and

  BE IT FURTHER RESOLVED the notification process include notifying the ward councillor; and

  BE IT FURTHER RESOLVED that staff report back to the Agriculture and Rural Affairs Committee on final wording following further consultation. 

  Carried

7.4

Independent Electricity System Operator (IESO) LT1 Procurement: Requests for Municipal Support Resolution

ACS2023-PRE-EDP-0051 - City Wide

• Report recommendation(s)

  That the Agricultural and Rural Affairs Committee recommend Council: 

  1. Grant four (4) Municipal Support Resolution requests for proposed Battery Energy Storage System (BESS) projects within the Rural Area, as documented in this report, which shall not preclude the requirement to comply with any and all, current or future municipal regulations or applicable approvals and permit processes which may apply; 
  2. Direct staff to include renewable energy generation and BESS facilities in the development review and approvals processes, as part of an upcoming report in Q1 2024 with zoning provisions for renewable energy generation and BESS facilities;
  3. Direct staff to provide a Memorandum to Council with an update on the LT1 RFP procurement results as soon as they become available, including any updates from the Province on the municipal role within Ontario Regulation 359/09 (Renewable Energy Approvals under the Environmental Protection Act) since the repeal of the Green Energy Act; and  
  4. Grant delegated authority to the General Manager, Planning, Infrastructure and Economic Development, or their delegate, to decide on future Municipal Support Resolutions requests, which conform to the Official Plan and Zoning By-law, conditional upon required development approvals and permits which may apply. 
• Motion No. ARAC 2023 - 09/05
  Moved by D. Brown

  WHEREAS energy projects proposed within an area governed by a municipal government are required by the Independent Electricity System Operator (IESO) to obtain a Municipal Support Resolution (MSR) before projects can proceed; and

  WHEREAS according to IESO LT1 RFP, proponents have up to 18 months following the December 12, 2023 application deadline to submit evidence of municipal support, however, projects that include an MSR with their application are granted four (4) additional Rated Criteria Points, which gives them a better chance of being selected; and

  WHEREAS the Battery Electric Storage System (BESS) projects currently being reviewed are distinct from one another and may receive varying levels of community and Council support depending on the nature of each individual project; and 

  WHEREAS on February 22, 2023, Council directed staff to advise any proponents seeking an MSR through the LT1 RFP that staff will not bring such requests to Council unless such requests are considered through the relevant Standing Committee; and

  WHEREAS the IESO has now finalized the LT1 RFP procurement documents that allow for municipal councils to document evidence of a Municipal Support Resolution  by way of a prescribed form ; and

  WHEREAS renewable energy generating and storage facilities, such as the BESS facilities under consideration, are vital for accomplishing the City’s energy resilience and climate change goals,. 

  THEREFORE BE IT RESOLVED that recommendation 1 be amended to state the following: 

  1. Notwithstanding any requirements to comply with any and all current or future municipal regulations or applicable approvals and permit processes which may apply, Municipal Support Resolution requests be granted for the following proposed Battery Energy Storage System (BESS) projects within the Rural Area, as documented in this report:
     1. The BESS facility described in Document 2. 
     2. The BESS facility described in Document 3.
     3. The BESS facility described in Document 4. 
     4. The BESS facility described in Document 5. 

  BE IT FURTHER RESOLVED that the Agriculture and Rural Affairs Committee vote on each item under recommendation 1 as separate recorded votes; and

  BE IT FURTHER RESOLVED that all future requests for MSRs through Committees to Council be brought to Committee in a manner that allows Councillors to vote on each MSR as a separate item within one report; and

  BE IT FURTHER RESOLVED that recommendation 4 be removed from the report; and

  BE IT FURTHER RESOLVED that all future requests for MSRs continue to rise through the appropriate Committee of Council to allow for public engagement and consultation, including for LT2 RFP and all future IESO procurements, until such time as new direction is provided by Council; and

  BE IT FURTHER RESOLVED that, upon the approval of new zoning provisions for BESS facilities, staff return to Council through Committee with recommendations for updated direction for managing the MSR process.

  Carried
• Report Recommendations

  That the Agricultural and Rural Affairs Committee recommend Council: 

  1. Notwithstanding any requirements to comply with any and all current or future municipal regulations or applicable approvals and permit processes which may apply, Municipal Support Resolution requests be granted for the following proposed Battery Energy Storage System (BESS) projects within the Rural Area, as documented in this report:

  A. The BESS facility described in Document 2.

  Against (4)

  C. Kitts, G. Darouze, C. Kelly, and D. Brown

  Lost (0 to 4)
• B. The BESS facility described in Document 3.

  Against (4)

  C. Kitts, G. Darouze, C. Kelly, and D. Brown

  Lost (0 to 4)
• C. The BESS facility described in Document 4.

  Against (4)

  C. Kitts, G. Darouze, C. Kelly, and D. Brown

  Lost (0 to 4)
• D. The BESS facility described in Document 5. 

  For (4)

  C. Kitts, G. Darouze, C. Kelly, and D. Brown

  Carried (4 to 0)
• 2. Direct staff to include renewable energy generation and BESS facilities in the development review and approvals processes, as part of an upcoming report in Q1 2024 with zoning provisions for renewable energy generation and BESS facilities;

  3. Direct staff to provide a Memorandum to Council with an update on the LT1 RFP procurement results as soon as they become available, including any updates from the Province on the municipal role within Ontario Regulation 359/09 (Renewable Energy Approvals under the Environmental Protection Act) since the repeal of the Green Energy Act.

  Carried

8.

In Camera Items

There were no in camera items.

9.

Information Previously Distributed

9.1

Urban Design Review Panel Terms of Reference Update

ACS2023-PRE-RHU-0048

10.

Open Mic Session

10.1

Andrea Sissons Rural Woodlands – Living Snow Fences

10.2

Allison More, Youth Advisory Committee Member of the Rural Ottawa Youth Mental Health Collective

11.

Notices of Motions (For Consideration at Subsequent Meeting)

11.1

Ditch Infill Notifications for 4644, 4634 & 4652 Anderson Road

• Moved by G. Darouze

  WHEREAS the City of Ottawa approved the Local Improvement Policy on 24 November 2021, which allows for residents to act collectively through a Local Improvement petition process; and
  WHEREAS the City of Ottawa passed the revised Ditch Alteration Policy, ACS2022-PIE-GEN-0001, on 6 July 2022. 

  WHEREAS the ditch alteration policy describes the circumstances and requirements for the City to permit property owner-initiated alteration of drainage ditches and drainage courses;

  WHEREAS the ditch alteration policy prevents the altering or unauthorized filling of a ditch and actions are subject to enforcement; and 

  WHEREAS non-compliant or unauthorized ditch alterations which occur after July 6, 2022, the rules set out in the Ditch Alteration policy will be enforced in accordance with the Use and Care of Roads Bylaw and/or Site Alteration By-law; and  

  WHEREAS the City of Ottawa issued notice of violations on 18 November 2022 to civic addresses 4634, 4644, and 4652 Anderson Road for the removal of illegal ditch infills along each of their Anderson Road frontages; and

  WHEREAS the City of Ottawa provided a local improvement as an avenue to alter the ditch in accordance with the local improvement policy; and

  WHEREAS residents have not identified any flooding related to the ditch infills at the above-mentioned addresses; 

  THEREFORE BE IT RESOLVED THAT the ditch infill at 4633, 4634, and 4652 Anderson Road be exempted from the revised ditch alteration policy carried by Council on 6 July 2022, with the alterations remaining in place and monitored for future flooding concerns; and

11.2

Manure Drag Lines in Rural Ottawa

• Moved by D. Brown

  WHEREAS the agriculture industry operations in rural Ottawa requires the movement of agricultural products between multiple adjacent fields and across roadways; and

  WHEREAS the transportation of manure/livestock waste results in a significant number of vehicle trips, per location, between the farm storage site and the fields being serviced and results in traffic congestion, damage to farmlands due to weight of tankers, damage to roadways due to weight of tankers, odour complaints, mud/dirt on roadways and large uses of fuel and cost; and

  WHEREAS some farming communities make use of city ditches and culverts installed along the roadways to run drag lines from a manure reservoir directly to smaller and lighter spreading equipment across roadways and in adjacent lands; and

  WHEREAS these culverts are not readily available in all locations necessary in rural farm lands;

  THEREFORE BE IT RESOLVED THAT staff be directed to investigate the feasibility of the use of highway right of ways and culverts to accommodate manure draglines and report back to Committee in 2024; and  
   
  AND THEREFORE BE IT FURTHER RESOLVED that the investigation will report back on traffic safety, roadway/highway impacts and maintenance, surface water/drainage impacts, installation of additional infrastructure and a permitting system.

   

12.

Inquiries

There were no Inquiries.

13.

Other Business

There was no other business.

14.

Adjournment

Next Meeting

To be determined.

The meeting adjourned at 3:42 pm.