Oakville Beaver, 23 May 2012, p. 3

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Mayor lashes out at Town's lack of control Continued from page 1 3 · Wednesday, May 23, 2012 OAKVILLE BEAVER · www.insideHALTON.com thing Industry Canada, the federal authority responsible for approving cell towers, would support it. The Town has virtually no say -- it can offer siting advice -- on cell tower locations in Oakville as Industry Canada is the decision-maker. Last week, however, Industry Canada operations director Jack Holt offered no guarantee the agency would support the 20-metre setback if a cell company challenged it. He did say, though, that Industry Canada would not support a 200-metre setback and that the Town does not have the right to block a cell tower installation. In the end, council decided to go with what the majority of residents wanted. In his remarks Thursday, Oakville Mayor Rob Burton lashed out against the lack of control municipalities have over the siting of cell towers and called on residents to remember it during the next federal election. "What we have here is a long-term federal political problem and it is not a quick and easy municipal resolution or regulatory fix," he said. "Ottawa has disregarded Canada's towns and cities for a very long time now on this issue, at least since 1998, and they will not heed Canada's towns and cities until the voters make them do it. We, who are running your cities and towns in Canada, will welcome all efforts you can make." Council also voted to change the name of the `municipal letter of concurrence,' which the Town is required to give cell tower applications, to the `municipal letter of comment.' Burton said this wording is better as commenting on cell tower applications is the only power the municipality has. Burton said the municipal letter of concurrence has been used by the federal government and cell companies as a Town approval document, which it is not. The majority of council also approved a new policy where any application to the Town for a new radiocommunications facility will not be considered complete and will not be processed without a letter of endorsement from the MP for the riding in which the proposed installation is to be located. Ward 5 Councillors Jeff Knoll and Marc Grant opposed it as politicizing the matter. Oakville MP Terence Young said he supports council's decision to keep the 200-metre setback, but condemned the MP clause. "There is no such legal authority for a Member of Parliament from one level of government to have a veto on the actions on another level of government. It has no legal basis. It is a frivolous attempt to shift responsibility," wrote Young in an e-mail. "This is a leadership problem. Mayor Burton doesn't believe this is a health issue. To oppose the proposed Oakville gas-fired power plant, which was under provincial authority, Mayor Burton eventually became quite engaged. He supported an interim control bylaw, met with Premier McGuinty, designed a motion to reduce emissions, and hired experts to advise the Town. He also introduced a motion at Halton Regional council for a health ban on power plants. That motion did not say, `But the final decision must be approved by the local Member of Provincial Parliament." Burton disagreed, stating radiocommunications is federal responsibility. "Ultimately, radiocommunications facilities are regulated by the federal government, not the municipality and it is appropriate for the Members of Parliament who represent the municipality in Ottawa to take the lead for sharing public concerns with Industry Canada," wrote Burton in a news release. "The Town does not have the authority to approve or deny the installation of radiocommunications facilities, but wants to ensure that our residents have an opportunity to give feedback on these applications." Other councillors also said the clause is an important tool in giving citizens a greater voice. Council is asking Halton Region to consider developing a regional radiocommunications facilities protocol. While residents applauded the decision to approve the 200-metre setback rule, it was noted "The Town does not have the authority to approve or deny the installation of radiocommunications facilities, but wants to ensure that our residents have an opportunity to give feedback on these applications." Oakville Mayor Rob Burton the situation is far from ideal. Industry Canada has said it will overrule the 200-metre setback if it is challenged by a cell company. Numerous cell towers (including those less than 15 metres in height) are excluded from the Town's protocol, and the protocol only applies to new cell tower applications. "This is not a victory tonight. We may go home and feel really good that we've passed this protocol, but it may have very little impact at the end of the day," said Knoll. "What it is, is a line in the sand, a shot across the bow of the federal government to say that Oakville residents are ticked off and we want some action on this issue." Despite uncertainty about the effectiveness the newly-passed legislation, many residents appeared satisfied. "I think council made a good and bold decision, which I hope the federal government will listen to," said Wendy Perkins, whose residents' association has been fighting a cell tower in its community at Bronte Road and Rebecca Street. "It's time we took some control of this situation. I think they did the right thing tonight." 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