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HomeMy WebLinkAbout04/28/2008 C/lgpn General Purpose and Administration Committee Minutes April 28, 2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 28, 2008 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Deputy Fire Chief, Emergency Services, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Corporate Services, M. Marano Manager of Development Review, Planning Services, C. Pellarin Roads Supervisor, Operations, L. Postill Director of Finance, N. Taylor Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Report PSD-042-08. ANNOUNCEMENTS Councillor Novak informed the Committee that she participated in the "Pitch-In Week" and believed that the garbage being disposed of on the roadside has been reduced and thus the message must be getting out to the public. As well, she had the pleasure of attending the opening game of the Green Gaels whose theme this year is "Going Green". She also had the pleasure of attending OPG's Environmental Assessment seminar which was held at the Rickard Recreation Complex and two of the Sign By-law open house meetings. General Purpose and Administration Committee Minutes April 28, 2008 Councillor Hooper attended the Volunteer Appreciation event held by the Clarington Community Care Association and reminded the Committee of the Municipality's Volunteer Service Awards being held on April 30th at the Beech Centre. He informed the Committee he participated in tree planting on Earth day for which there was much support from both the public and the media. He personally took part in clean up along Longworth Avenue. Councillor Hooper reminded the Committee that this weekend is the Annual Maple Festival and All That Jazz at downtown Bowmanville. Councillor Foster informed the Committee of Karen Liberman's presentation on mental health and stigma. The "Talk Green" cards included contact numbers for people to call, either suffering from mental health issues, or for those caring for people suffering from mental health issues. Councillor Foster attended the 6th birthday celebration for the Rotary Club that was held at Preston Pub. He attended the Sign By-Law meeting, and stated that although the attendance was low, people are looking for better regulations. Councillor Foster informed the Committee of his participation in the garbage clean up which was held on the weekend and reminded the Committee today is the National Day of Mourning. Councillor Robinson participated in the garbage clean up along 3rd Concession on the weekend. He informed the Committee of a local company called Silo.net.ca which has provided high speed internet to the residents of Leskard and will hopefully soon be able to provide high speed internet connection to the other rural areas such as Tyrone, etc. Councillor Trim informed the Committee Orono Town Hall roof is scheduled to be replaced mid May. He too participated in the garbage clean up this weekend and was disappointed to see that additional tires and garbage were dropped along Highway #2 on the weekend following the clean up. Councillor Trim announced that the official opening of the Courtice Water Pollution Control Plant will be held at 10:00 a.m. on May 2nd This event is open to the public. Councillor Woo stated he too participated in the Pitch-In Clean Up event and was pleased with the response from the community. He informed the Committee the interest with regards to the free compost being distributed at the Animal Shelter had a line up all the way to the gate at 8:30 a.m. and shortly there after all the way out to Baseline Road. Councillor Woo attended the Turkey Dinner at the Orange Lodge in Tryone. Mayor Abernethy thanked all the volunteers who participated in the Pitch-In event which was held on the weekend. He reminded the Committee this is National Volunteer Week and highlighted the important roles volunteers play within our community. Mayor Abernethy advised that the Senior Manager for the Approved Environmental Assessment, Ministry of the Environment, will be providing a presentation regarding landfill at the May 5th Council Meeting, and on June 9th, Maureen Carter-Whitney, Research Director for the Canadian Institute Environmental Law and Policy will be providing a presentation on the Integrated Waste Management System. - 2 - General Purpose and Administration Committee Minutes April 28, 2008 MINUTES Resolution #GPA-290-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on April 14, 2008, be approved. CARRIED PRESENTATIONS Eileen Smith, Manager, Policy and Special Projects and Rod Adams, both from the Ministry of the Environment, provided the Committee with an update on the proposed changes to the Regulatory Framework for Non-Agricultural Source Materials (NASM). She stated that Non-Agricultural Source Materials includes residual materials from municipal sewage treatment plants, pulp and paper mills and off-farm food processing and Ontario has 30 years of experience in regulating these materials. Experience and research show that these materials are beneficial to crop production, and if standards and practices are followed, are also safe to human health and the environment. Ms. Smith provided the Committee with the Regulatory History of the Nutrient Management Act since its establishment in 2002 and the proposed amendments which will improve the regulatory framework for the management of NASM and reduce the regulatory overlap which exists today. These proposals will move forward in two phases. Ms. Smith described for the Committee the different types of categories and their characteristics. The sub-categories will further categorize the NASM based on metals, pathogens and odour and will regulate the land application standards with regards to setbacks from surface water, well, depth to bedrock and unsaturated soil, as well as pre-harvest grazing and winter application. There will also be an Odour sub-category which will be designed around the type of material and the length of storage. This sub- category will determine setbacks from individual residences, residential areas and institutions. Ms. Smith provided the Committee with a description of the Nutrient Management Strategies and Plans and stated that only the fields that have NASM used on them will be required to have a Nutrient Management Plan, this will hopefully ensure that the sites accepting NASM will optimize the nutrient benefits while reducing adverse environmental impacts. Mr. Adams confirmed that Ministry Staff continue to work on this project although no firm implementation date has yet been determined. Ms. Smith further added that the regulations should not be expected before January 2009. - 3 - General Purpose and Administration Committee Minutes April 28, 2008 DELEGATIONS Jaison Gibson addressed the Committee regarding public standards. Mr. Gibson complemented Councillor Trim for the excellent job of cleaning out the garbage from the water on the weekend and would like to see this type of commitment spread throughout the community. Mr. Gibson recited poetry with regards to the environment and dropped money as a symbol of how the community is wasting money. Mr. Gibson informed the Committee that he was privileged to grow up in Clarington and how secure it felt when it was young and that unfortunately children these days do not have the same type of security. He believes the public is to blame. He would like to see the standards regulated and not have profit as the dominant factor. Nick Mensink, Sernas Associates, was present on behalf of Bryce Jordon and addressed the Committee regarding Reports PSD-043-08 and PSD-044-08. He informed the Committee that he concurs with the recommendations contained in both of the reports mentioned above. Resolution # GPA 291-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the agenda be altered to allow the delegation of Mr. Louis Bertrand be moved to the end of the delegation list. CARRIED Linda Gasser addressed the Committee regarding Addendum Report to Report CLD-015-08. Ms. Gasser requested that her five minutes be extended. Ms. Gasser stated the Municipal Clerk could only go on the information that was provided to her and she therefore feels the Clerk was at a disadvantage when this report was prepared. Ms. Gasser informed the Committee of the inaccurate statements contained in the Report such as the statement indicating the Green Community Advisory Committee had not concerns with the Mayor as Chair. The Committee had not been provided with the Advisory Committee protocol at their first meeting and when she provided this material to the members in November, the members did raise concerns with the appointment of the chair, at that time. Ms. Gasser expressed concerns with regards to having two Council members on the same Committee as it may create an opportunity to control the vote. Ms. Gasser also expressed concerns over the length of time for the interim chair as well as future selection of chair for the Green Community Advisory Committee. Ms. Gasser would like to be informed as to why the Committee was not provided with all relevant rules and protocols from the start and has concerns over the possibility of other rules being broken. She requested that the current Terms of Reference and the Protocol not be upheld. - 4- General Purpose and Administration Committee Minutes April 28, 2008 Linda Gasser addressed the Committee regarding Procedural By-Law interpretation. Ms. Gasser expressed concerns that the Accountability and Transparency policy which was passed a few months ago is not being followed as it was intended and feels what transpired last week during the Council meeting fails to meet this objective. She was perturbed over delegations being shut down over what “they might say”, and based on this, feels citizens could never address Council. Ms. Gasser stated that she expects Council to hold themselves to the same standards to which they old others and would like to see Council reconsider the decision regarding the requests asked of both the delegations and feels the penalty imposed was unwarranted and inappropriate. She does not want to see the political criticism or debate stifled because of misuse of procedural powers. Kristin Robinson addressed the Committee regarding the incineration emissions study. Ms. Robinson has many questions with regards to the proposed Durham energy from waste facility. Ms. Robinson informed the Committee that she is not an expert just a very concerned citizen. She is concerned the air emission criteria presented at the April th 15 Joint Waste Management Group does not meet the criteria called for in the rd resolution passed at the January 23 Regional meeting with regards to emissions and monitoring technology. She expressed concerns over the lowering of the HCI operational limits from 20 down to 9 and pointed out errors in the Facility Air Emission Criteria document handed out at the Joint Waste Management Group meeting. Ms. Robinson believes the public deserves to have the proposed operational limits peer reviewed because these are going to determine how safe the facility will be and feels it is inappropriate to adopt the proposed operating limits set out in the Consultant’s report. She hopes Clarington does not accept these limits. Edgar Lucas, Bowmanville BIA, addressed the Committee regarding Report CLD-016-08. Mr. Lucas requested that Council consider bagging the meters one week per month to help get the public back to shopping downtown. He hopes this may help with generating the remaining weeks parking revenue by having people return to the shops on the days/weeks where the meters are not bagged. He suggested the Committee recommend the bagging be tried for a couple of months and that maybe the Bowmanville BIA meet with the Municipal Law Enforcement Staff to discuss other ideas if this request is not feasible. - 5 - General Purpose and Administration Committee Minutes April 28, 2008 Louis Bertrand addressed the Committee regarding Addendum to Report CLD-015-08. Mr. Bertrand asked Mayor Abernethy to consider stepping down as Chair for his delegation. Mr. Bertrand used a slide show to support his comments. Mr. Bertrand informed the Committee that he attended the meeting held on April 22nd and was impressed with the delegation of John Stephenson. Mr. Bertrand declared himself an environmentalist and he is still encouraged because talks are still going on. He feels the Green Community Advisory Committee has lost focus because of procedural details. Mr. Bertrand expressed concerns over the Green Community Advisory Committee's current Chair's credibility, qualifications and acceptance by the other members. He requested that Council follow rules instead of implementing quick fixes. He would like to see the Committee scrubbed and started from scratch with election of new Chair. Resolution # GPA-292-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the Committee recess for twenty minutes. MOTION LOST Resolution # GPA-293-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the Committee recess for forty-five minutes. CARRIED The meeting resumed at 12:47 p.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING There were no Public Meetings scheduled. PLANNING SERVICES DEPARTMENT Councillor Hooper stated that he has a pecuniary interest with respect to Report PSD-042-08 as he is the former Chair of the Bowmanville Business Improvement Area and he was involved with the negotiations. Councillor Hooper refrained from discussions and voting on this matter. -6- General Purpose and Administration Committee Minutes April 28, 2008 APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: PLAYERS BUSINESS PARK LIMITED & WEST DIAMOND PROPERTIES INC. Resolution #GPA-294-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-042-08 be received; THAT the application submitted by Players Business Park Limited and West Diamond Properties Inc. to Remove the "Holding (H)" Symbol be approved for Parts 1, 2, 3, 6, 7, 8,9,11,12,13,14,16,17,20,22,23,24,29,30,31, 32, 33,34,35,36,37,38,40,41, 42,43,47, and 48 on Reference Plan 40R-24933; THAT the By-law attached to Report PSD-042-08, to Remove the "Holding (H)" Symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-042-08 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Resolution #GPA-295-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-043-08 be received; THAT the application for proposed Draft Plan of Subdivision S-C-2007-0009 submitted by 708545 Ontario Limited be approved, subject to the conditions as contained in Attachment 3 to Report PSD-043-08; THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited be approved, as contained in Attachment 4 to Report PSD-043-08; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0009 and the Municipality of Clarington be approved as contained in Attachment 5 to Report PSD-043-08 and forwarded to Council for approval; .7- General Purpose and Administration Committee Minutes April 28, 2008 THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-043-08 and Council's decision; and THAT all interested parties listed in Report PSD-043-08 and any delegation be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Resolution #GPA-296-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-044-08 be received; THAT the application for proposed amendment draft approval for Draft Plan of Subdivision 18T-95028 submitted by 708545 Ontario Limited be approved, subject to the conditions as contained in Attachment 3 to Report PSD-044-08; THAT the Zoning By-law Amendment application submitted by 708545 Ontario Limited be approved, as contained in Attachment4to Report PSD-044-08; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision 18T-95028 and the Municipality of Clarington be approved as contained in Attachment 5to Report PSD-044-08 and forwarded to Council for approval; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-044-08 and Council's decision; and THAT all interested parties listed in Report PSD-044-08 and any delegation be advised of Council's decision. CARRIED - 8 - General Purpose and Administration Committee Minutes April 28, 2008 Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MARTIN GREEN SUBDIVISION, PLAN 40M.2125, BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-297 -08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-023-08 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2125; and THAT Council approve the by-laws attached to Report EGD-023-08, assuming certain streets within Plan 40M-2125, Plan 40R-18009, and Plan 40R-25311 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - MARCH 2008 Resolution #GPA-298-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-006-08 be received for information. CARRIED - 9 - General Purpose and Administration Committee Minutes April 28, 2008 DURHAM REGION MEDICAL TIERED RESPONSE AGREEMENT Resolution #GPA-299-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report ESD-007-08 is received; and THAT the attached Durham Region Medical Tiered Response Agreement between Durham Region EMS and The Corporation of the Municipality of Clarington be approved and that the Mayor and Clerk be authorized to execute this agreement. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT REQUEST TO PROVIDE FREE PARKING IN DOWNTOWN BOWMANVILLE Resolution #GPA-300-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-016-08 be received; THAT the request of the Bowmanville Business Centre to allow for free parking one week per month be denied; and THAT the Bowmanville Business Centre be advised of Council's decision. CARRIED QUARTERLY PARKING REPORT Resolution #GPA-301-08 Moved by Councillor Foster, seconded by Councillor Trim THAT Report CLD-017-08 be received; and THAT a copy of Report CLD-017-08 be forwarded to the Bowmanville Business Centre for their information. CARRIED .10 - General Purpose and Administration Committee Minutes April 2S, 200S Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL200S-1S, COMMUNICATION TOWER AND WIRELESS LINKS Resolution #GPA-302-08 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report COD-026-08 be received; THAT Integra Data Systems Corp., Markham, Ontario, with a total bid price of $99,900.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of the Tender CL2008-18, be awarded the contract for the Communication Tower and Wireless Links, as required by the Municipality of Clarington; and THAT the total project cost of $99,900.00 be drawn from the IT Hardware capital account number 110-16-162-81610-7401 and be funded as follows: $60,000 from 2008 & 2007 Capital Budget $39,900 additional funds from Computer Equipment Reserve Fund. CARRIED FINANCE DEPARTMENT INTERNAL AUDIT CHARTER AND BLUEPRINT FOR OPERATIONS Resoultion #GPA-303-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-011-08 be received; and THAT the Internal Audit Charter and Blueprint for Operations be approved. CARRIED - 11 - General Purpose and Administration Committee Minutes April 28, 2008 CHIEF ADMINISTRATIVE OFFICE EFW PUBLIC INFORMATION SESSIONS Resoultion #GPA-304-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report CAO-005-08 be tabled until such time Regional Council response is received regarding participation from their consultants' in public information sessions. CARRIED UNFINISHED BUSINESS GREEN COMMUNITY ADVISORY COMMITTEE - SELECTION OF THE CHAIR Resolution #GPA-305-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Addendum to Report CLD-015-08 be received; THAT Report CLD-O 15-08 be received; THAT the Protocol for Council-Appointed Advisory Committees be amended to allow for a member of Council to act as an interim Chair for a maximum of 6 months when a new committee is initially formed and to remove the list of specific committees to which it applies; THAT the amended protocol, attached to the Addendum to Report CLD-015-08 as Attachment NO.1 be adopted with an amendment to the reference to the acting period of the interim chair to state a maximum of 6 months rather than 18 months; THAT the Terms of Reference of the Green Community Advisory Committee be amended to reflect the protocol change; and THAT Linda Gasser, Kerry Meydam, Jim Richards, Elva Reid, Ron Collis and the Green Community Advisory Committee be advised of Council's decision. CARRIED AS AMENDED (See following motion) -12 - General Purpose and Administration Committee Minutes April 28, 2008 Resolution #GPA-306-08 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-305-08 be amended to add the following: ''THAT the Interim Chair of the Green Community Advisory Committee act, in this instance only, for a period of 6 months beginning April 28, 2008." CARRIED The foregoing Resolution #GPA-305-08 was then put to a vote and carried as amended. DELEGATION -JAISON GIBSON - REGARDING PUBLIC STANDARDS DELEGATION - LINDA GASSER - REGARDING PROCEDURAL BY-LAW INTERPRETATION DELEGATION - KRISTIN ROBINSON - REGARDING INCINERATION EMISSIONS STUDY Resolution #GPA-307-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the delegations of Mr. Jaison Gibson, Ms. Linda Gasser and Ms. Kristin Robinson be received with thanks and appreciation. CARRIED OTHER BUSINESS FIRE ASSOCIATION - NEGOTIATIONS Resolution #GPA-308-08 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS Council, consistent with historic and good faith practices, has empowered the Municipality's Chief Administrative Officer, Director of Corporate Services and Human Resources, and Chief of Emergency and Fire Services as its negotiating team; WHEREAS Council is interested in preserving the integrity of the collective bargaining process, and the Municipality's position in negotiations; and WHEREAS Council confirms the Chief Administrator Officer's responsibility to report to Council on all matters pertaining to negotiation and collective bargaining; -13 - General Purpose and Administration Committee Minutes April 28, 2008 NOW THEREFORE BE IT RESOLVED that the Fire Association be advised that Council Members will not participate in any discussion or communication with any member of the Fire Association regarding the current and future collective agreement negotiations, mediation and arbitration. CARRIED COMMUNICATIONS There were no items dealt with under this section of the agenda. ADJOURNMENT Resolution #GPA-309-08 Moved by Councillor Robinson, seconded by Councillor Woo TH:; ~eti"g "ji" " 1 '55 P,~. ~ 1v~ t{! i0~/ DEPUTY MAYOR CARRIED tU&p -14 -