HomeMy WebLinkAboutReport #2 06/07/2011 clarington
Leading the Way
REPORT #2
REPORT TO COUNCIL MEETING OF JUNE 7, 2011
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, MAY 30, 2011
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) CSD-009-11 June is Recreation and Parks Month
(b) CSD-010-11 Clarington Young Songwriters' Circle
2. REQUEST FOR EXTENSION OF DRAFT APPROVAL
WEST SIDE OF RUDELL ROAD, NEWCASTLE
THAT Report PSD-048-11 be received;
THAT whereas, given the circumstances that servicing of the property is not
guaranteed to be completed within three years, the draft approved Plan of
Subdivision until August 19, 2017 be approved;
THAT the by-law authorizing entering into a Subdivision Agreement between the
Owner of the lands and the Municipality of Clarington be approved as contained in
Attachment 3 of Report PSD-048-11;
THAT a copy of Report PSD-048-11 and Council's decision be forwarded to the
Region of Durham Planning Department and the Municipal Property Assessment
Corporation (MPAC); and
THAT all interested parties listed in Report PSD-048-11 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #2 - 2 - June 7, 2011
3. FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP
2020 LAMBS ROAD, BOWMANVILLE
THAT Report PSD-049-11 be received;
THAT the Municipality of Clarington support the application to the National Historic
Sites and Monuments Board of Canada for national designation for the area
outlined in Attachment 1 C of Report PSD-049-11;
THAT the Developer (Kaitlin) be requested to prepare a heritage assessment, in
stages and over time, for the middle third of the property based on a terms of
reference that will be mutually satisfactory to the Developer, Municipality and
Clarington Museums and Archives;
THAT once the decision regarding National designation has been received and
heritage assessment is in its final stages, Staff prepare a further report respecting
the future options for the campus portion (middle third) of the property that has
been offered to the Municipality by Kaitlin (Attachment 1 B of Report PSD-049-11);
and
THAT all interested parties listed in Report PSD-049-11 and any delegation be
advised of Council's direction.
4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 28, 2011 AND MAY 12, 2011
THAT Report PSD-050-11 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made on
April 28, 2011 for applications A2b11-0008 to A2011-0012 and on May 12, 2011 for
applications A2011-0011, A2011-0013 to A2011-0015, A2011-0017 and A2011-
0018; and
THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment.
5. AMENDMENTS TO SIGN BY-LAW 2009-123
THAT Report PSD-051-11 be received;
THAT the By-law to amend the Municipality of Clarington Sign By-law 2009-123 as
per Attachment 1 to Report PSD-051-11 be approved; and
THAT all interested parties listed in Report PSD-051-11 and any delegations be
advised of Council's decision.
Report #2 - 3 - June 7, 2011
6. DURHAM-YORK ENERGY FROM WASTE PROJECT
CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION
(AIR)
WHEREAS the Regional Municipalities of Durham and York submitted application
on March 3, 2011 to the Ministry of Environment under Section 9 of the
Environmental Protection Act, O. Reg 419/05, for a Basic Comprehensive
Certificate of Approval; and
WHEREAS to demonstrate compliance with air emission, the application
submission was supported by an Emission Summary and Dispersion Modelling
(ESDM) Report; and
WHEREAS the Municipality of Clarington retained SENES Consultants Ltd. to
review the Certificate of Approval Application — Air and the ESDM to ensure that
the conditions set out in the Environmental Assessment Approval and the Host
Community Agreement are appropriately addressed in the Certificate of Approval;
and
WHEREAS SENES' review of the Certificate of Approval application and the ESDM
identified a number of issues that should be addressed by the Ministry of
Environment in their review and approval of the application;
NOW THEREFORE BE IT RESOLVED:
1. THAT the Report by SENES Consultants Ltd. and all recommendations
contained therein (Attachment 2 of Report PSD-052-11) be adopted as the
Municipality of Clarington's comments on the Application for a Certificate of
Approval —Air for the Durham-York Energy from Waste Project;
2. THAT the Municipality of Clarington requests the Ministry of Environment to
include the following as conditions in the Certificate of Approval —Air to be
issued for the Durham-York Energy From Waste Project in order to make them
legally binding:
a) That annual stack testing be conducted as per MOE A-7 Guidelines;
b) That testing be carried out such that the waste stream represents the
typical waste composition being fed into the facility;
c) That the performance condition of 9 mg/Rm3 be applicable to total PM2.5
(filterable and condensable) as set out in the conditions of EA approval;
d) That re-modeling be required should the source testing show emission
rates higher than those used in the ESDM;
Report #2 - 4 - June 7, 2011
e) That an AMESA or similar cartridge system be considered to be installed
to continuously sample for dioxins and furans and the frequency of
sample collection and analysis be increased to biweekly; and
f) That an AMESA-M or similar cartridge system be considered to be
installed to continuously sample for mercury, and the frequency of
sample collection and analysis be set at biweekly;
3. THAT the Council of the Municipality of Clarington hereby requests the Ministry
of Environment provide the Municipality with the draft Certificate of Approval —
Air for review and comment; and approval for the issuance prior to issuance of
the final approval not be granted until the Municipality of Clarington has
provided comment.
4. THAT at the time of the renewal of the initial Certificate of Approval, 5 years
after commissioning (approximately 2018), there be no "grandfathering" of
emission limits and other relevant conditions so that the relevant standards at
that time can be incorporated;
5. THAT a copy of Report PSD-052-11 and Council's decision be forwarded to the
Region of Durham, the Region of York, and the Ministry of Environment; and
6. THAT all interested parties listed in Report PSD-052-11 and any delegations be
advised of Council's decision.
7. PROVISION OF CONSULTING ENGINEERING SERVICES NORTH SCUGOG
COURT, WEST SCUGOG LANE TO CONCESSION RD. 3, BOWMANVILLE
THAT Report EGD-022-11 be received;
THAT the firm of D.G. Biddle &Associates Limited be retained to furnish
professional engineering services for the design and contract administration for the
reconstruction of North Scugog Court from West Scugog Lane to Concession
Road 3;
THAT the Mayor and Clerk be authorized to execute an Engineering Agreement
with D.G. Biddle &Associates Limited; and
THAT the request made by Halloway Developments Limited be capitalized on in
order to avoid duplication of works and services currently being provided to the
company by D.G. Biddle & Associates saving the Municipality engineering costs
and waive the Purchasing By-law 2006-127 for the construction works associated
with the project.
Report #2 - 5 - June 7, 2011
8. HAMPTON SKATEBOARD PARK
THAT Report EGD-023-11 be received;
THAT Council authorize the Mayor and Clerk to execute the Gift Agreement
between Hydro One and the Municipality; and
THAT interested parties be notified of Council's decision.
9. 1st QUARTER PARKING REPORT
THAT Report CLD-013-11 be received; and
THAT a copy of Report CLD-013-11 be forwarded to the Bowmanville Business
Centre for their information.
10. SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE
THAT Report CLD-014-11 be received;
THAT that the Terms of Reference of the Samuel Wilmot Nature Area Management
Advisory Committee be amended to increase the membership to a minimum of
eight individuals;
THAT the resignation of Shirley Minifie be received, with regret, and that she be
thanked for her contribution to the Committee;
THAT Karin Murphy and Tim Lizotte be appointed to the Committee for a term
concurrent with Council; and
THAT the Municipal Clerk place an advertisement seeking applications to fill the
remaining vacancy on the Committee.
11. NOISE BY-LAW AND SHOOTING RANGES
THAT Staff be directed to review the current Noise By-law 2007-071 and, where
appropriate, update the language and provisions of the By-law as they relate to the
regulation of noise coming from shooting ranges within the Municipality.
12. AMEND BY-LAW 2011-57 — OFF-LEASH DOG PARKS
THAT By-law 2011-057 which regulates off-leash dog parks be amended to prohibit
unaltered male dogs from using the Municipality's off-leash dog parks.
Report #2 - 6 - June 7, 2011
13. CL2011-07 BOWMANVILLE CREEK EROSION PROTECTION
THAT Report COD-019-11 be received;
THAT The Ontario Construction Company Limited, Niagara on the Lake, ON with a
total bid in the amount of$269,047.33 (net HST rebate), being the lowest
responsible bidder meeting all terms, conditions, and specifications of Tender
CL2011-7, be awarded the contract for the Bowmanville Creek Erosion Protection
project;
THAT the funds required in the amount of $384,133.67.00 (which includes
$269,047.33 tender, design, contract administration, contingencies and net HST
costs) be drawn from the following accounts: and
Bowmanville Creek Erosion Control
Account # 110-32-340-83234-7401 $330,000.
Bridge & Culvert Repair Program
Account #110-32-330-83607-7401(2010Budget) $33,133.
Baseline Road Structure
Account #110-32-330-83314-7401 $21,000.
Total Project Costs U84,133.
THAT the Mayor and the Clerk be authorized to execute the necessary agreement.
14. COMPLAINT BY RIZWAN DEAN WANCHO OF NFP GROUP CONSULTANTS
UNDER SECTION 20 OF THE DEVELOPMENT CHARGES ACT
THAT Report FND-013-11 be received;
THAT the request of Rizwan Dean Wancho of NFP Group Consultants for an
exemption from the Development Charge By-law based on the project on Lots 101
and 102, 134 and 136 Queen Street being designated an intensification project be
denied; and
THAT NFP Group Consultants be advised of Council's decision.
Report #2 - 7 - June 7, 2011
15. 4148 REGIONAL HIGHWAY 2, NEWCASTLE
GRCA PERMIT NO. 1089 DATED JUNE 30, 2010
1. THAT Report LGL-006-11 be received for information;
2. THAT the Mayor and Clerk be authorized to sign an agreement with
1744856 Ontario Inc. substantially in the form of agreement attached to
Report LGL-006-11 (Attachment No. 9) in order to address some of the off-site
impacts associated with the on-going fill activity at 4148 Regional Highway 2,
Newcastle;
3. THAT staff be directed to review Site Alteration By-law No. 2008-114 and report
back to Council with recommended amendments to more directly address the
impacts of commercial fill operations;
4. THAT the following resolution passed by the Board of the Ganaraska Region
Conservation Authority at its meeting on May 19, 2010 be endorsed:
BE lT RESOLVED THAT the Ganaraska Region Conservation Authority
request Conservation Ontario engage the Provincial government to develop
and implement legislation to effectively deal with large scale commercial fill
operations, and
FURTHER THAT the Full Authority forward this motion to the watershed
municipalities, requesting the municipalities engage the Association of
Municipalities of Ontario to also work towards addressing concerns
regarding large commercial fill operations.
5. THAT staff be directed to continue to participate in the Greater Toronto
Countryside Mayors Alliance roundtable discussions dealing with the regulation
of commercial fill operations;
6. THAT Council reaffirm its support for the efforts of John R. O'Toole MPP to see
that the Province of Ontario takes all necessary steps to provide for the proper
regulation of commercial fill operations as set out in his letters to the Minister of
the Environment, Minister of Natural Resources and the Minister of Municipal
Affairs & Housing dated April 12, 2011;
7. THAT staff be directed to participate in the Durham Region Works Department
initiative to develop a model by-law that could be consistently applied across
Durham Region to address the impacts of commercial fill operations;
8. THAT Staff be directed to consider an interim control by-law for the property
referenced in Report LGL-006-11 and report back to the General Purpose and
Administration Committee; and
Report #2 - 8 - June 7, 2011
9. THAT a copy of this resolution be forwarded to the Minister of the Environment,
Minister of Natural Resources, Minister of Municipal Affairs & Housing,
John R. O'Toole MPP, The Regional Municipality of Durham, all local
municipalities in Durham Region, Ganaraska Region Conservation Authority,
Central Lake Ontario Conservation Authority, Association of Municipalities of
Ontario, Ted and Beth Meszaros, Sherry Ibbotson, Donna Middleton and
Carmela Marshall.
16. COURTICE COMMUNITY IMPROVEMENT - 2011 CAPITAL FUNDS
THAT PSD-041-11 be received;
THAT Option 1, the development of the parkette at the northwest corner of Trulls
and Highway 2, be approved as the Courtice Community Improvement Project
identified in the Capital budget; and
THAT Staff be authorized to proceed with the design, tendering and construction of
the Courtice Community Improvement project for 2011.