HomeMy WebLinkAbout05/30/2011 ADOPTED AS AMENDED
General Purpose and Administration Committee
Minutes
May 30, 2011
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, May 30, 2011 at 9:30 a.m. in the Council Chambers.
ROLL CALL
Present Were: Mayor A. Foster attended at 9:46 a.m.
Councillor R. Hooper
Councillor M. Novak
Councillor J. Neal
Councillor W. Partner until 11:50 a.m.
Councillor C. Traill until 11:50 a.m.
Councillor W. Woo attended at 9:32 a.m.
Also Present: Chief Administrative Officer, F. Wu
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Deputy Treasurer, L. Gordon
Director of Operations, F. Horvath
Manager of Special Projects, F. Langmaid
Director of Corporate Services & Human Resources, M. Marano
Director of Emergency & Fire Services, G. Weir
Municipal Clerk, P. Barrie
Committee Coordinator, J. Gallagher
Councillor Novak chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this meeting.
ANNOUNCEMENTS
Councillor Partner announced that she attended the following:
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On Friday, May 27, the opening of the Orono Bluegrass & Old Tyme Country
Jamboree, with the opening act being Jim Hayward and his band.
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On Saturday, May 28, the mammoth yard sale held by the Newcastle
Horticultural Society to raise funds for the new gardens that will be started this
fall.
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May 30, 2011
th
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On Sunday, May 29, Annual Ovarian Cancer Golf Tournament held at Cider
House Golf Course. She hosted the event in memory of her mother, Bernice,
who passed away from ovarian cancer.
Councillor Traill attended the Bethesda House Charity Dinner and Auction on Thursday,
May 19th. She invited everyone to attend the upcoming Tyrone Community Centre
Spirit Day which will be held Saturday, June 4, 2011.
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Councillor Woo attended the Canada/China Green Investment Forum on May 27 and
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28. He noted that this forum brought together government officials, policy-makers,
experts and entrepreneurs to discuss opportunities for green investment in Canada and
in China.
Councillor Hooper announced the following:
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Councillor Traill, Councillor Partner and he attended the Paul Harris Fellow
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Evening, on Tuesday, May 17, at the Clarington Beech Centre, hosted by the
Bowmanville Rotary Club, where three residents were given awards.
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Friday, May 27 he attended the Team (Teen Education and Mothering)
Clarington grand opening, at the Youth House.
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Friday, May 27, Councillor Novak and he attended the opening of the 50th
Courtice Secondary School Reunion.
Councillor Neal announced the following:
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On Wednesday, May 18th, Councillor Hooper and he attended the Courtice
Youth Leadership Dinner, hosted by the Courtice Rotary. He added that Brian
Williams spoke at the evening.
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On Thursday, May 19th Councillor Neal attended, as well as Councillor Novak,
the Public Information Centre regarding the Trulls Road pedestrian access and
drainage review, held at Mitchell’s Corners.
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Councillor Neal attended the Clarington Youth Leadership Awards on May 18
th
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Councillor Neal attended the Bethesda House Dinner and Auction on May 19
at the Clarington Beech Centre.
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Councillor Neal noted that he saw Mayor Foster and his dog participating in
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the Lions Club of Courtice Walk for Dog Guides Walk on Sunday, May 29.
Councillor Novak announced the following:
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She attended the Essentials of Municipal Fire Protection at the South
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Omemee Fire Hall on Tuesday, May 17.
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She attended the Paul Harris Fellow Evening, on Tuesday, May 17, at the
Clarington Beech Centre.
th
?
She attended the Clarington Youth Leadership Awards on May 18.
th
?
She attended the Bethesda House Dinner and Auction on May 19 at the
Clarington Beech Centre.
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May 30, 2011
th
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She brought greetings on behalf of Council to the 50 Courtice Secondary
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School Reunion on Friday, May 27.
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Councillor Hooper and she attended the Clarington Board of Trade “Simply
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Social” showcase on May 25, which showcased the new business, the
O’Hennessy House Bed and Breakfast.
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Mayor Foster and she attended the Clean Air Council, where the guest
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speaker was John Tory on Friday, May 27.
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She attended the Annual Ovarian Cancer Golf Tournament held at Cider
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House Golf Course on Sunday, May 29.
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She attended the Eastern Green Belt Municipal Workshop, sponsored by
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Ducks Unlimited on Thursday, May 26, in Oshawa.
MINUTES
Resolution #GPA-383-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on May 9, 2011, be approved.
CARRIED
Resolution #GPA-384-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the minutes of the special meeting of the General Purpose and Administration
Committee held on May 25, 2011, be approved.
CARRIED
PRESENTATIONS
Abby Salb, Senior Environmental Engineer, was present from SENES Consultants
Limited, regarding Report PSD-052-11, Durham-York Energy from Waste Project
Clarington Comments on Certificate of Approval Application (CofA) (Air). Ms. Salb
made a verbal presentation to accompany a PowerPoint presentation. She explained
that SENES Consultants was retained by the Municipality to provide comments for the
CofA. Ms. Salb explained the Peer Review process. She noted that the Peer Review
has been submitted to the Ministry of Environment (MOE), but the proponent has not
yet responded. Ms. Salb explained that the purpose of the Peer Review is to verify the
quality of the work and to provide suggestions for improvement. She noted that the
review of the Emission Summary and Dispersion Modeling (ESDM) Report was to
ensure that it was completed in a reasonably comprehensive manner, to determine
whether it is consistent with standard practices and protocols, and to ensure that it is
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consistent with the conditions of the Environmental Assessment (EA) approval. Ms.
Salb explained the information which was reviewed. She reported the following overall
conclusions: report was organized and reasonably well done; was consistent with
Ministry of Environment (MOE) requirements; and it was consistent with industry
standards. Ms. Salb added that some potential issues and recommendations were
found, but that it is not expected to fundamentally change the overall results and
conclusions of the ESDM. She reviewed and explained the ten detailed
recommendations from SENES Consultants arising out of the Peer Review. Ms. Salb
answered questions from Members of Council regarding the SENES report and the
recommendations arising out of the report.
Mayor Foster chaired this portion of the meeting.
DELEGATIONS
Patricia Stephenson was present regarding Report PSD-048-11, a request for extension
of Draft Approval West Side of Rudell Road, Newcastle. She asked for a change to
Report PSD-048-11 to allow for a six year extension, not a three year extension as
recommended in the Report. Ms. Stephenson explained the reason for the request is
due to lack of servicing. She noted that a nearby developer has asked for an extension
for the same reason. Ms. Stephenson explained that there will be services for only nine
lots in three years, which is not enough to start a phase. She reminded Council that
there has been a precedent set for a six year extension.
ALTER THE AGENDA
Resolution #GPA-385-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the agenda be altered to discuss Report PSD-048-10 at this time.
CARRIED
REQUEST FOR EXTENSION OF DRAFT APPROVAL
WEST SIDE OF RUDELL ROAD, NEWCASTLE
Resolution #GPA-386-11
Moved by Councillor Partner, seconded by Councillor Woo
THAT Report PSD-048-11 be received;
THAT the extension for the draft approved Plan of Subdivision until August 19, 2014 be
approved;
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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.
CARRIED AS AMENDED
LATER IN THE MEETING
(See following motion)
Resolution #GPA-387-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the foregoing resolution #GPA-386-11 be amended to change the second
recommendation to read as follows:
“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;”
CARRIED LATER IN THE MEETING
(See following motion)
Resolution #GPA-388-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the Rules of Procedure be suspended to allow for Members of Council to speak
to Resolution #GPA-387-11 for a second time.
CARRIED
The foregoing Resolution #GPA-387-11 was then put to a vote and carried.
The foregoing Resolution #GPA-386-11 was then put to a vote and carried as amended.
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Ted Watson was present regarding Report PSD-051-11, Amendments to the Sign
By-law 2009-123. He stated that he is in favour of the recommendations contained in
Report PSD-051-11. Mr. Watson explained that signs are necessary in the farm market
industry in order to provide timely information to the public in an economical way.
Kelvin Whalen, Vice-President, Kaitlin Group Ltd., was present regarding Report
PSD-049-11, Former Boys Training School and Prisoner of War Camp at 2020 Lambs
Road, Bowmanville. Mr. Whalen explained that the property has a unique and colourful
history. He stated that he is seeking Council’s support for the application to the National
Historic Sites and Monuments Board for national designation. Mr. Whalen explained
that this designation would provide the opportunity for other funding sources.
Martha Rutherford Conrad, Executive Director of Clarington Museums and Archives,
was present regarding Report PSD-049-11, Former Boys Training School and Prisoner
of War Camp 2020 Lambs Road, Bowmanville. Ms. Rutherford Conrad stated that she
is present in support of the recommendations contained in the Staff Report. She
reminded the Committee of some of the highlights of why this property should be
designated. Ms. Rutherford Conrad also noted some tourism statistics. Ms. Rutherford
Conrad informed the Committee that 1400 people attended the Doors Open event at the
property last fall. Ms. Rutherford Conrad concluded by urging Council to endorse the
proposal for a national designation, which will also help market the project to investors
and ensure its ongoing place in the community.
Robert Hann, President, Halloway Developments Limited and Valiant Rental Properties
Limited, was present regarding Report EGD-022-11, Provision of Consulting
Engineering Services North Scugog Court, West Scugog Lane to Concession Rd. 3,
Bowmanville. Mr. Hann stated that he is in agreement with the staff recommendations
and that his company is eager to start the project.
Doris Axford and Melanie Blakely were present regarding Report EGD-023-11,
Hampton Skateboard Park. Ms. Axford stated that she is a grandmother of one of the
youth requesting a skateboard park in Hampton. She explained that the skateboard
group investigated the possibility of a skateboard park. Ms. Blakely asked for the
Committee’s support in navigating through the process of the park development. She
explained that traffic has increased in Hampton and therefore it is no longer safe for the
youth to skateboard on the roads. Ms. Blakely added that the creation of a skateboard
park would encourage children to be active outside. She explained that several of the
parents have had to transport the children to other communities in order to skateboard.
She informed the Committee of statistics which support the creation of a skateboard
park.
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Jean Rickard was present regarding Report EGD-021-11, Joseph Atkinson Park. Ms.
Rickard explained that she is a member of the Newcastle Historical Society, but not a
Director. Ms. Rickard stated that she is questioning the statement in Section 2.0 of
Report EGD-021-11 which indicates that staff has met with the stakeholders and that
everyone is in agreement about naming the grounds around the Newcastle Town Hall
be named Joseph Atkinson Park. Ms. Rickard added that the hall is not the Newcastle
Town Hall, it is the Community Hall. She clarified that the Newcastle Town Hall is the
Municipal Administrative Centre (when Clarington was formerly known as Newcastle).
Ms. Rickard added that the parkette’s official name is the Millennium Parkette, but the
sign has been destroyed.
Jeany Barrett, Newcastle Horticultural Society, was present regarding Report
EGD-021-11, Joseph Atkinson Park. She clarified the position of the Horticultural
Society which is that they are not in favour of the renaming of the park. Ms. Barrett
stated that she was aware of the name change controversy. Ms. Barrett stated that the
item was discussed at the meeting of the May 17, 2011 where a resolution was made
indicating that the naming of this park to Joseph Atkinson Park is not appropriate. She
added that she believes that there is a need to recognize all the sons and daughters of
the community.
RECESS
Resolution #GPA-389-11
Moved by Councillor Partner, seconded by Councillor Neal
THAT the Committee recess for one hour.
CARRIED
The meeting reconvened at 12:55 p.m. with Councillor Novak, Councillor Hooper,
Councillor Woo and Mayor Foster in attendance.
Linda Gasser was present regarding Report PSD-052-11, Durham-York Energy From
Waste Project Clarington comments on the Certificate Of Approval Application (Air).
She stated that she is pleased that the Municipality retained a consultant for the Peer
Review. Ms. Gasser informed the Committee that it is important that the Municipality
adopt the recommendations of the consultant as the Municipality has only made formal
comments regarding the Draft Environmental Assessment. She urged Council to adopt
the recommendations prior to June 5, 2011. Ms. Gasser asked the Committee to add
an item (as recommendation 2e) to add continuous sampling of mercury. Ms. Gasser
stated that she believes that the wording of recommendation 2d) needs to be clearer to
ensure that action will be undertaken to deal with any problems arising from the
remodelling. She stated that she is pleased to see that the Staff Report recognizes the
efforts of Wendy Bracken in educating Council and the public on the technical issues
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involved in the proposal. Ms. Gasser added that it is largely due to Ms. Bracken’s
efforts that the Municipality has hired SENES Consultants.
Councillor Neal returned to the meeting at 1:00 p.m.
Ms. Gasser continued by adding that it is important to keep in mind that the statement
by Ms. Salb of there being “no show stopper” is viewing a smaller portion of the larger
project. She stated that the PM is a non-threshold pollutant (risk increases with
2.5
exposure) and therefore it is important for everyone to be educated on the matter. She
is concerned about the pollution on the site as it will affect the workers and the visiting
school groups. Ms. Gasser urged the Committee to view the CofA as an independent
expert medical professional would view the material. She noted that there has not been
an independent expert medical professional to review the final EA (only the draft EA).
Wendy Bracken was present regarding Report PSD-052-11, Durham-York Energy From
Waste Project Clarington comments on the Certificate Of Approval Application (Air).
She stated that she is glad that Council retained a consultant for the Peer Review. Ms.
Bracken urged the Committee to endorse the recommendations within the Staff Report
and perhaps strengthen some of the recommendations. She provided the Committee
with examples of risks and impacts of air quality. Ms. Bracken stated that she is
concerned that the amendments to the PM were not carried forward into the human
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health effects as the CofA has an emission rate higher than that provided in the EA and
the risk assessment. She added that the ammonia emission rate is double that of the
EA. Ms. Bracken stated that her main concern is that the Peer Review confirms that the
particulate matter calculation does not include the condensables. She noted that
Section 3.1 of the Host Community Agreement refers to the “total” particulate matter not
the filterable. Ms. Bracken stated that she is concerned that there has been no health
risk assessment, no medical review, no peer review of the condensables and fine
particulate matter. She noted that there is a large difference when assessing for
compliance and assessing for health impact. Ms. Bracken stated that the proposal is for
stack concentrations much higher than the 9mg, which is inconsistent with what is
stated in the EA. She urged the Committee to hold the applicant to what was stated in
the EA, for the total particulate matter, otherwise she is concerned that the applicant will
be operating in unanalyzed territory. Ms. Bracken asked that the wording in the Staff
Report be strengthened with regard to “compliance standard” versus “performance
condition”. Ms. Bracken stated that she is pleased to see that the Peer Review
addresses testing for mercury. She suggested that “particulate matter” sampling
requirement be added. Ms. Bracken added that ambient air and soil monitoring should
be part of the CofA. She noted that if source testing discovers a problem, remodelling
alone is not a sufficient remedy.
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ALTER THE AGENDA
Resolution #GPA-390-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the agenda be altered to allow Mr. Grant Humes to speak in place of Clark
Morawetz, who had to leave the meeting.
CARRIED
Mr. Humes, Treasurer of the Bowmanville Branch of the Architectural Conservancy of
Ontario (ACO), was present regarding Report PSD-049-11, Former Boys Training
School and Prisoner of War Camp 2020 Lambs Road, Bowmanville. He urged the
Committee to endorse the proposal and the designation. Mr. Humes added that there
will be a fall fundraiser at Camp 30 this year.
Margery Freethy, Newcastle Horticultural Society, was present regarding Report
EGD-021-11, Joseph Atkinson Park. She stated that she is a volunteer and Past
President of the Newcastle Horticultural Society. Ms. Freethy provided a history of the
Society’s involvement in the Newcastle Parks. She stated that the Atkinson plaque is in
place in downtown Newcastle. Ms. Freethy stated that her research within the archives
of the Horticultural Society does not reveal a request for the proposed changes. She
added that the Horticultural Society has recently received a grant to install inground
sprinkler systems within the garden surrounding the Community Hall. Ms. Freethy
stated that she sees no need to change the name of the park area or to move the
Atkinson plaque or fountain.
Louis Bertrand, Bowmanville resident, was present regarding Report PSD-052-11,
Durham-York Energy From Waste Project Clarington Comments On Certificate Of
Approval Application (Air). He stated that he is in support of the recommendations
contained in the Staff Report. Mr. Bertrand stated that he is in particular support of the
recommendation regarding PM. He urged Council to ratify and submit their
2.5
comments prior to the June 5, 2011 deadline. Mr. Bertrand stated that recommendation
2c is vitally important as Ontario has no standard for PM. He noted that the Province
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has never implemented the Canadian Council of Ministers of the Environment
recommendation. Mr. Bertrand added that the World Health Organization has an even
more stringent limit than the federal emission standard. He explained that the general
belief is that the finer the particulate, the harder it is for the body to reject the matter.
Mr. Bertrand noted that it is difficult to assess the effects of PM in terms of increased
2.5
health care costs, lost productivity and hardship for individual patients and their families.
He suggested that the cost of continuous sampling is far less than the total cost for the
project. Mr. Bertrand recommended that two amendments to the recommendations be
added, regarding the AMESA cartridge system and the AMESA-M cartridge system. He
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concluded by stating that it is more important than ever that the Ministry of Environment
hear from the host community.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
No Public Meetings
PLANNING SERVICES DEPARTMENT
FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP
2020 LAMBS ROAD, BOWMANVILLE
Resolution #GPA-391-11
Moved by Councillor Woo, seconded by Councillor Hooper
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 1C 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 1B 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.
CARRIED
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MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF APRIL 28, 2011 AND MAY 12, 2011
Resolution #GPA-392-11
Moved by Councillor Neal, seconded by Mayor Foster
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 A2011-0008 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.
CARRIED
AMENDMENTS TO SIGN BY-LAW 2009-123
Resolution #GPA-393-11
Moved by Mayor Foster, seconded by Councillor Woo
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.
CARRIED
DURHAM-YORK ENERGY FROM WASTE PROJECT
CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR)
Resolution #GPA-394-11
Moved by Mayor Foster, seconded by Councillor Hooper
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
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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. (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; and
d. That re-modeling be required should the source testing show emission rates
higher than those used in the ESDM;
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 prior to issuance of the final approval;
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
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6. THAT all interested parties listed in Report PSD-052-11 and any delegations be
advised of Council’s decision.
CARRIED AS AMENDED
(See following motions)
Resolution #GPA-395-11
Moved by Councillor Hooper, seconded by Mayor Foster
THAT the foregoing Resolution #GPA-394-11 be amended by adding the following to
Recommendation #2:
“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;
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;”
CARRIED
Resolution #GPA-396-11
Moved by Mayor Foster, seconded by Councillor Woo
THAT the foregoing Resolution #GPA-394-11 be amended in Recommendation #1 by
adding the words “and all recommendations contained therein” following the words
“SENES Consultants Ltd.”.
CARRIED
Resolution #GPA-397-11
Moved by Councillor Woo, seconded by Mayor Foster
THAT the foregoing Resolution #GPA-394-11 be amended by altering
Recommendation #3 to read as follows:
“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.”
CARRIED
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SUSPEND THE RULES
Resolution #GPA-398-11
Moved by Mayor Foster, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow Abby Salb, SENES Consultants,
to answer further questions from Members of Council.
CARRIED
Ms. Salb answered questions from Members of Council regarding the SENES Report, in
particular, PM.
2.5
The foregoing Resolution #GPA-394-11 was then put to a vote and carried as amended.
Mayor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
JOSEPH ATKINSON PARK
Resolution #GPA-399-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Report EGD-021-11 be tabled until the next General Purpose and Administration
meeting of June 13, 2011.
CARRIED
PROVISION OF CONSULTING ENGINEERING SERVICES NORTH SCUGOG
COURT, WEST SCUGOG LANE TO CONCESSION RD. 3, BOWMANVILLE
Resolution #GPA-400-11
Moved by Councillor Hooper, seconded by Councillor Novak
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
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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.
CARRIED
HAMPTON SKATEBOARD PARK
Resolution #GPA-401-11
Moved by Councillor Novak, seconded by Councillor Hooper
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.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Neal chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
JUNE IS RECREATION AND PARKS MONTH
Resolution #GPA-402-11
Moved by Councillor Hooper, seconded by Mayor Foster
THAT Report CSD-009-11 be received for information.
CARRIED
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CLARINGTON YOUNG SONGWRITERS’ CIRCLE
Resolution #GPA-403-11
Moved by Mayor Foster, seconded by Councillor Woo
THAT Report CSD-010-11 be received for information.
CARRIED
Mayor Foster chaired this portion of the meeting.
CLERK’S DEPARTMENT
1st QUARTER PARKING REPORT
Resolution #GPA-404-11
Moved by Councillor Neal, seconded by Councillor Hooper
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.
CARRIED
SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE
Resolution #GPA-405-11
Moved by Councillor Neal, seconded by Councillor Woo
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
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THAT the Municipal Clerk place an advertisement seeking applications to fill the
remaining vacancy on the Committee.
CARRIED
NOISE BY-LAW AND SHOOTING RANGES
Resolution #GPA-406-11
Moved by Councillor Woo, seconded by Councillor Hooper
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.
CARRIED
AMEND BY-LAW 2011-57 – OFF-LEASH DOG PARKS
Resolution #GPA-407-11
Moved by Councillor Novak, seconded by Councillor Woo
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.
CARRIED
CORPORATE SERVICES DEPARTMENT
CL2011-07 BOWMANVILLE CREEK EROSION PROTECTION
Resolution #GPA-408-11
Moved by Councillor Woo, seconded by Councillor Neal
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;
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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 $330,000.00
Bridge & Culvert Repair Program
Account #110-32-330-83607-7401(2010Budget) $33,133.67
Baseline Road Structure
Account #110-32-330-83314-7401 $21,000.00
Total Project Costs $384,133.67
THAT the Mayor and the Clerk be authorized to execute the necessary agreement.
CARRIED
FINANCE DEPARTMENT
COMPLAINT BY RIZWAN DEAN WANCHO OF NFP GROUP CONSULTANTS
UNDER SECTION 20 OF THE DEVELOPMENT CHARGES ACT
Resolution #GPA-409-11
Moved by Councillor Woo, seconded by Councillor Hooper
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.
CARRIED
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SOLICITOR’S DEPARTMENT
4148 REGIONAL HIGHWAY 2, NEWCASTLE
GRCA PERMIT NO. 1089 DATED JUNE 30, 2010
Resolution #GPA-410-11
Moved by Councillor Woo, seconded by Councillor Neal
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 IT 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;
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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; and
8. 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.
CARRIED AS AMENDED
(See following motion)
Resolution #GPA-411-11
Moved by Councillor Neal, seconded by Councillor Woo
THAT the foregoing Resolution #GPA-410-11 be amended to insert the following as
Recommendation #8:
“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.”
CARRIED
The foregoing Resolution #GPA-410-11 was then put to a vote and carried as amended.
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
COURTICE COMMUNITY IMPROVEMENT - 2011 CAPITAL FUNDS
Resolution #GPA-412-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Report PSD-041-11 be lifted from the table.
CARRIED
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Resolution #GPA-413-11
Moved by Councillor Novak, seconded by Councillor Neal
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.
CARRIED
OTHER BUSINESS
Mayor Foster announced that he attended the review of Sea Cadets on Sunday,
May 29, 2011 which he stated was very enjoyable.
COMMUNICATIONS
There were no items considered under this section of the Agenda.
CONFIDENTIAL REPORTS
There were no items considered under this section of the Agenda.
CLOSED SESSION
Resolution #GPA-414-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with a personal
matter about an identifiable individual, including municipal or local board employees.
CARRIED
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General Purpose and Administration Committee
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RISE AND REPORT
The meeting resumed in open session at 3:19 p.m. with Mayor Foster in the Chair
The Mayor advised that the closed session was held to discuss a matter that dealt with
advice that is subject to solicitor-client privilege including communications necessary for
that purpose, one item was discussed in "closed" session in accordance with Section
239(2) of the Municipal Act, 2001 and no resolutions were passed.
ADJOURNMENT
Resolution #GPA-415-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the meeting adjourn at 3:20 p.m.
CARRIED
AYO
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