It's Official: It's an Annex Issue

On September 10th, a community meeting was held at the York Community Centre, regarding the community of Marshfield's future. Here's the updates, below.

The meeting wasn't facilitated by one particular group; however, multiple guest speakers attended, including: The City of Charlottetown's Chief Administration Officer, Peter Kelly; Senior Provincial Planner, Janice Harper, and Municipal Planner Officer, Pooja Kumar - both employees of the Government's Communities, Land & Environmental Department; as well as The Rural Coalition of PEI's Lucy and Gary Robbins.

What we learned at the meeting?

1. Initially, the City of Charlottetown had not approached residents of Marshfield for Amalgamation. However, two landowners in Marshfield have approached the City. These landowners wish to have their property "annexed" into Charlottetown. While the City "Didn't come looking for Marshfield," to quote Peter Kelly, the City of Charlottetown is seriously considering the land owners' request.

Above: the yellow area highlights the approximate area of the parcel of land that is under review to be annexed into the City of Charlottetown. The red dot represents Jewell's Country Market.

2. If the City accepts the landowners' request, and the annex does go through - which it probably will, as the landowners have the right to do what they wish with their property, and the City will most likely be happy to take them - it re-zones city into country territory.

3. Why is this such a big deal; it's only two properties annexing into the City of Charlottetown, right?

It's not so simple. The City likes to draw clear horizontal lines across properties and roads if possible ... so where does that leave the unwilling property owners on the other side of the road?

Both Peter Kelly - at the September 10th meeting - and members of the City's Planning Committee - via phone call - have assured us that sewer and water can be "hooked up on one side of the road, not affecting [Marshfield] residents on the other side," but, both parties did admit that it is ideal to have property owners, on both sides of the road, on board with the annex.

This could mean that the unwilling parties could potentially become Charlottetown's jurisdiction as well. Who do you think will end up winning that battle when the time comes? If this annex goes through, the plan is to produce a large-scale subdivision adjacent to Jewell's Country Market. It's highly unlikely the City will be happy drawing it's line across one side of the road to accommodate this large subdivision if the project goes through; it's going to want everything its in path.

4. An interesting fact: The Provincial Planning Council does have hierarchy over municipal planning committees, such as City of Charlottetown.

Is this beneficial for residents of Marshfield? Maybe.

Janice Harper, Senior Provincial Planner, did cite a particular section of the Provincial Land Protection Act's mandate, as the Provincial Planning Council is to protect "arrable" land, also known as agricultural land. It was explained to the crowd that if an annex or amalgamation does happen, the Provincial Planning Council can oversee municipal bylaws; and, if Marshfield was amalgamated into the City of Charlottetown's municipality, the Provincial Planning Council has the power to make sure farmer's who are currently utilizing their land are protected.

But, there are loopholes in the Provincial Planning Act (PPA), which states that municipal planning councils can draw their own bylaws, and that the Provincial Planning Council is just overseeing that those bylaws are followed. Therefore, if Marshfield is amalgamated to Charlottetown, it comes into the City's municipality, and we will function under that municipality's bylaws, while the Provincial Planning Council observes. The Provincial Council may modify, or null bylaws, as they see fit; however, looking at the Three Rivers tragic amalgamation, we can see that the Provincial Council doesn't always go out of their way to advocate for farmers or rural residents. Many times this council has appeared to serve as more of a formality in the development of land, rather than a support network.

What happened in Three Rivers?

According to the Rural Coalition, whom spoke at the September 10th community meeting, 1529 people were against the amalgamation; 400 were for it. The minority won... why? Because several communities were grouped together, and the consensus of the Planning Council was to observe percentages from the communities. No one listened to the majority. Many of them pay taxes now, which in turn doesn't even offer them the services they are paying for. They also have to abide by new bylaws, impacting their community drastically.

Bylaw Concerns?

How can we be sure the same municipal bylaws wont apply to Marshfield residents, as those in downtown Charlottetown, if the future annex does iniate amalgamation?

Can you imagine a ten acre hobby farm not being allowed to add one more chicken, or one more goat, or any animal for that matter - without appeal - because they're now a part of a "City?" Current farms will be "grandfathered" into the City; but only with the number of animals, and particular land-use that's designated at the time of amalgamation.

A small hobby farm, or a fifty acre farm, could be restricted to farming practices that are currently in place with the farmland (within a ten month period) at the time of amalgamation. So, let's say you grow a quarter acre of carrots, potatoes, what have you... as soon as you're amalgamated, you can't do anything else but that specified task with your fifty acres. And, when you do apply to expand or change practices, you may lose your appeal to either the City's Planning Committee, urban neighbors, or both. Yes, the Provincial Planning Committee can step in and overrule the City's bylaws; however, they rarely seem to back residents, post amalgamations.

Dairy farmers may be restricted to not "expanding their farming practices" beyond what they have in place at the time of amalgamation.

Yes, the Communities, Land and Environmental Department can advocate for you, via way of the PPA, as Harper suggested at the meeting; but the question is, will they? Because once they have finalized, or okay-ed the municipality of Charlottetown's bylaws, that's it. Look at the other small communities that have been forced into amalgamation; did they have their backs? No. And here we're not just worried about a rural amalgamation; we're worried about the countryside becoming urban. It's a whole other can of worms.

The Other Side of the Fence?

1. The landowners who are pursuing their annex have every right to do so. It's their land. And that's fine.

Opposite to those landowners: what about the rights of those who may be affected by becoming an urban territory? Many may be forced to become City as well.

2. A handful of Marshfield's residential families did note they would appreciate being hooked up to City water and sewer, due to septic tank issues on their property. No one can blame them for this. This is a valid concern.

Critically thinking: would it be cheaper in the long run to replace a septic tank, rather than pay the permanent increase in land taxes? Probably.

And, what about E.coli outbreaks, livestock, and drinking water? Is it realistic for farmers to boil thousands of litres of water? No.

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Everyone's voice deserves to be heard, though. The landowners who wish to annex; the residents who are objecting; the farmers; the supporters of the annex; the ones who want city water. The ones who will be forced to pay for city services, but not get them. As a community we need to acknowledge the many changes and bylaws that will result from this. The environmental impact. The door we're opening for future development. And, what about the environment;the wildlife - who is going to speak for them?

I'm not sure about you, but I don't want to be a resident whose country-home picket fence isn't pretty enough to abide by the City's standards. And, I definitely cannot imagine paying an astronomical increase in land taxes, without being able to farm the land that I am paying for. No wonder farmers are selling their land to those who want to develop subdivisions - because they may have no other option.

Note: Want to respectfully join the debate? Check out Facebook at:

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