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HomeMy WebLinkAbout06/13/2011Clarington Leading the W« General Purpose and Administration Committee Minutes June 13, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 13, 2011 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Trail) Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid Director of Corporate Services & Human Resources, M. Marano Manager of Development Review, C. Pellarin Director of Finance /Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Clerk, P. Barrie Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper indicated that he would be declaring an interest regarding Report COD - 020 -11. General Purpose and Administration Committee Minutes June 13, 2011 ANNOUNCEMENTS Mayor Foster welcomed Tara Hatherly, reporter with Clarington This Week. Councillor Novak announced that she had attended the following: • Ontario Power Generation (OPG) Community Information Session on Wednesday, June 8, 2011, at Faith United Church. • A flag raising, on Tuesday, June 7, 2011, at the Municipal Administrative Centre, to mark Pride Week. • Chairman's Charity Classic Golf Tournament where approximately $350,000 was raised for Durham Region charities. • Emergency Works Centre training exercise held at the Orono Arena on Friday, June 10, 2011. She also noted that Councillor Woo, Councillor Partner, and Mayor Foster were in attendance. • "Starry Nights 2011", a fundraiser for the YWCA Wish Shelter at the Jubilee Pavilion in Oshawa on Friday, June 10, 2011. She noted that Mayor Foster and Councillor Neal also attended. • Bowmanville Rockin' Rotary Ribfest, this past weekend, at the Garnet B. Rickard Recreation Complex. Councillor Novak thanked the Fire Department for their volunteerism regarding the recent "Boot Drive" to raise funds for Muscular Dystrophy. Councillor Neal attended the following: • "Starry Nights 2011", a fundraiser for the YWCA Wish Shelter at the Jubilee Pavilion in Oshawa on Friday, June 10, 2011. • Doors Open Clarington on Saturday, June 11, 2011. • Bowmanville Rockin' Rotary Ribfest, this past weekend, at the Garnet B. Rickard Recreation Complex. Councillor Hooper attended the following: • Emergency Works Centre training exercise held at the Orono Arena on Friday, June 10, 2011. • Pollinator Garden Planting event (to create a butterfly garden) at the Enniskillen Conservation Authority on Saturday, June 11, 2011 • Doors Open Clarington on Saturday, June 11, 2011. He noted that he volunteered at St. Mary's Cement where at least 1000 visitors attended. • Volunteered on Friday, June 10, 2011 and Sunday, June 12, 2011 at the Bowmanville Rockin' Rotary Ribfest. • The Annual Outdoor Ecumenical Service at the Bowmanville Rotary Park on Sunday, June 12, 2011. 2 General Purpose and Administration Committee Minutes June 13, 2011 Councillor Hooper noted that the "Concerts in the Park" series began on Thursday, June 9, 2011. He added that this Thursday the Whitby Brass Band will be playing. Councillor Woo attended the "Motorcycle Ride for Dad ", on Saturday, June 11, 2011, a motorcycle poker run hosted by Clarington Honda. This event was also attended by Mayor Foster, John O'Toole and Bob Chapman. He noted that 31 municipalities take part in the event to raise money for Prostate Cancer Awareness. Councillor Woo announced the upcoming Lakeshore Garden Tour on Saturday, June 25, 2011, hosted by the Gathering Grannies, from 9:00 a.m. to noon. He added that all proceeds will go to the Stephen Lewis Foundation. Councillor Woo reminded everyone of the Father's Day breakfast on Sunday, June 19, 2011 at the Kendal Community Centre from 9:00 a.m. to noon. Councillor Woo announced the upcoming "Street Hockey for Cancer" Tournament to take place on Sunday, June 19, 2011 to raise funds for the Canadian Cancer Society, in memory of Mike "Noss" Wade. The event will take place at the Garnet B. Rickard Recreation Complex. For more information, contact piratesoftherelay@hotmail.com, Boston Pizza or the Garnet B. Rickard Recreation Complex. Councillor Traill attended "Doors Open Clarington ", including the Bowmanville Zoo, Soper Creek Trail, and the Visual Arts Centre. She also attended the Bowmanville Rockin' Rotary Ribfest on Sunday, June 12, 2011. She thanked the volunteers for making both these events successful. Councillor Partner attended the following: • Emergency Works Centre training exercise held at the Orono Arena on Friday, June 10, 2011. • Big Brothers and Sisters of Clarington's Spring Food and Wine Festival, held at the Newcastle Community Hall on Saturday, June 11, 2011. Mayor Foster and Councillor Woo also attended. • Doors Open Clarington on Saturday, June 11, 2011. Councillor Partner announced that this Tuesday, June 14, 2011 will be the kickoff of Music in the Park series in the Newcastle Parkette, starting at 7:00 p.m. She also reminded everyone that there will be another "Raise the Roof" Salad Supper at the Rebekka Hall in Orono at 6:00 p.m. on Wednesday, June 15, 2011. Mayor Foster attended the Chairman's Charity Classic Golf Tournament in support of three local charities. He also was a rib judge at the Bowmanville Rockin' Rotary Ribfest where at least $96,000 was raised (final total not in yet). Mayor Foster reminded everyone that he and several other members of Council will be participating in "Walk A Mile In Her Shoes ", Durham's third annual Men's Walk Against Domestic Violence, being held Saturday, June 25, 2011. He also noted that he had attended a meeting, -3- General Purpose and Administration Committee Minutes June 13, 2011 earlier this morning, hosted by Minister Flaherty, with some of the local MP's regarding the nuclear new build. MINUTES Resolution #GPA- 416 -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 30, 2011, be approved, with the following amendments: Change Patricia Stephenson's delegation: Fourth sentence to: She noted that a nearby developer has asked for an extension for the same reason. "; and Sixth sentence: Change "precedence" to "precedent ". CARRIED PRESENTATIONS John Presta, Director Environmental Services, Region of Durham was present regarding an update on source water protection planning. He also introduced other members of the Source Protection Committee. Mr. Presta made a verbal presentation to accompany a PowerPoint presentation. He explained that the Walkerton inquiry recommended that the Province create a multi barrier approach to protecting municipal drinking water throughout Ontario, which resulted in the Clean Water Act. Mr. Presta added that the inquiry recommended that source water protection be undertaken for each of the 19 watersheds in Ontario. He noted that there are two source water protection areas within Clarington. Mr. Presta explained that the Source Protection Committee consists of municipal, economic and general stakeholders. He noted that the assessment reports, which were submitted to the Ministry of the Environment in October, are currently being updated. Mr. Presta explained that the work involves establishing intake protection zones (a one kilometre protection zone and a two hour protection zone). He noted that there are two threats to the Orono Drinking Water System: application of agricultural Source material to land and application of pesticide to land. 4 General Purpose and Administration Committee Minutes June 13, 2011 Susan Self, Chair, Credit Valley Toronto Region and Central Lake Ontario (CTC) Source Protection Committee, was also present regarding the update on source water protection planning. She made a verbal presentation to accompany Mr. Presta's PowerPoint presentation. Ms. Self explained the process for source protection plans, which will identify the seven methods for managing or eliminating significant threats. Ms. Self noted that the municipal responsibilities include: Official Plan conformance, appoint risk management officer /inspector, zoning by -law changes, land use policy conformance, and review of overall water supply policy. She explained the policy development process. Ms. Self concluded with an explanation of the consultation opportunities and the proposed timelines. Peter Spratt, Vice President, ROCG Consulting, was present regarding the Strategic Plan Final Draft. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Spratt recapped the process, including the four workshops. He highlighted that Clarington's vision is "Building a sustainable, creative, caring community" and the mission is "Committed to leadership, respect, and the delivery of quality services ". Mr. Spratt noted that six strategic priorities have been identified. Ron Albright, Manager of Infrastructure, was present regarding Report EGD- 024 -11, Newcastle Parking Study. He made a verbal presentation to accompany a PowerPoint presentation. Mr. Albright explained the study initiation, timelines, area, methodology, existing parking supply, field survey findings, and points for discussion and input. He noted that there are two potential locations for additional parking. Mr. Albright explained the additional issues which were raised as a result of a presentation to the Newcastle Business Improvement Association. He noted that the overall parking supply is adequate to meet peak demand. Mr. Albright explained the staff recommendations which are detailed in Report EGD- 024 -11. RECESS Resolution #GPA- 417 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT the Committee recess for 15 minutes. CARRIED The meeting reconvened at 11:00 a.m. 5 General Purpose and Administration Committee Minutes June 13, 2011 DELEGATIONS Ted Meszaros, representing Clarington Citizens for Clean Water and Soil, was present regarding the new application to the Ganaraska Region Conservation Authority (GRCA) with respect to the Morgan's Road /Highway 2 commercial fill site. He stated that the group is concerned with clean water and soils as it relates to people who live around the commercial fill site. Mr. Meszaros stated that he is concerned that the GRCA has agreed to let the commercial fill work continue, although the GRCA admitted that it is a huge scale operation and that they were not prepared to regulate them. He noted that Clarington is not able to regulate the site due to the Provincially Significant Wetlands designation. Mr. Meszaros provided the Committee with the background of the situation noting that not all the deadlines for Permit #1089 were met on time. In addition, Mr. Meszaros noted that certain conditions of the April 15, 2011 Director's Orders were also not met. He stated that he is concerned that the GRCA is not planning to seek party status at the Environmental Review Tribunal (ERT) and therefore he requests that Council pass a motion to seek party status by the filing date of July 6, 2011. Mr. Meszaros also requested that Council pass a resolution instructing the Municipality's representatives on the GRCA Board to vote to defer the new application until all pertinent criteria has been met, someone is able to enforce all the conditions within past directives and permits, and the ERT has been resolved. Richard Ward was present regarding the ongoing property standards situation and reasons. Mr. Ward stated he was present at the meeting because he heard that persons are attempting to organize another complaint against him. He informed the Committee that he is submitting a report to the police force where he is initiating a legitimate complaint. Mr. Ward indicated that the persons with the complaint against him are persons who may be persons of interest in his complaint. He questioned the legitimacy and motives of the previous two property standard actions. He requested that Council direct the Municipal Law Enforcement Division to not participate in this potential third complaint against him. Mr. Ward stated that he has yet to receive answers on previous questions to Council, in particular, from the Planning Services Department regarding potential planning applications on his property. He stated that he appreciates the efforts that this Council is making. Linda Gasser was present regarding the Addendum to Report PSD- 052 -11, Durham - York Energy from Waste (EFW) Project Clarington comments on Certificate of Approval application (air). Ms. Gasser reminded the Committee of her request to the General Purpose and Administration Committee of May 30, 2011. She urged Council to keep in mind that the SENES Consultants used careful wording regarding the EFW application. Ms. Gasser stated that she is concerned that Clarington has missed two deadlines to the Ministry of Environment (MOE) for comments. She requested that the Council comments should be stronger than the recommendations in the Addendum Report PSD- 052 -11 and also that the cause of the revised recommendations were not detailed. Ms. Gasser was concerned that the Addendum Report PSD- 052 -11 was not made -6- General Purpose and Administration Committee Minutes June 13, 2011 public until 4:00 p.m. on Tuesday, June 7, 2011 and therefore no one was able to make a delegation to Council. She noted that several of the original recommendations would be compromised by adopting the recommendations contained in Addendum Report PSD- 052 -11. In particular, Ms. Gasser was concerned about the revised recommendations regarding the AMESA cartridge, mercury, and particulate matter limit. She urged the Committee to hold Covanta to the Environmental Assessment (EA) conditions, including continuous monitoring of organic matter. Ms. Gasser informed the Committee that the MOE created revised guidelines, which are more stringent than the contract requirements. She noted that the new requirements are achievable, however cost implications may come into play. Ms. Gasser concluded by questioning why Regional Chair Anderson rushed to sign the agreement when these changes to regulations were being introduced. Wendy Bracken was present regarding the Addendum to Report PSD- 052 -11, Durham - York Energy from Waste Project Clarington comments on Certificate of Approval application (air). Ms. Bracken stated that she concurs with everything that Ms. Gasser stated. She stated that she is concerned about the "watering down" of the recommendations, especially the addition of the words "technically feasible" in one of the clauses. Ms. Bracken indicated that she is also disappointed that there is no request to the MOE for continuous monitoring of the organic matter. She stated that she is also concerned about the levels of the PM25 levels. Ms. Bracken stated that she believes that there should be no hesitation in asking for continuous monitoring. She explained the two averaging periods (24 hour and annual). Ms. Bracken explained that the Canada -wide standard is 30pg /m3 (98th percentile). She was concerned about Ms. Saab's (SENES Consultants Ltd.) statement where she advised against a continuous monitoring device because it was well below the regulatory limit" at 28.6. Ms. Bracken quoted Victor Low, Director of Section 9 Approvals, Ministry of Environment, in the Ministry review where he noted that the "ambient air quality monitoring data marginally complies or exceeds the regulatory limits ". She stated that Clarington is already at the limit for air quality and therefore we should be ensuring that this proposal will use a continuous monitoring system. Ms. Bracken asked that the words "technically feasible" be stricken from the recommendation. She reminded the Committee that the EA only assessed the stack concentrations for "9 ", but that the proponent plans to operate at "21", which has had no risk assessment of these increased emissions and no medical review. Ms. Bracken urged the Committee to follow the Ministry of Environment A -7 Guideline, Section 3 -2 where the Ministry encourages the use of high sensitivity continuous particulate matter monitoring systems over opacity monitoring since particulate emissions have a direct environmental impact." 7 General Purpose and Administration Committee Minutes June 13, 2011 RECESS Resolution #GPA- 418 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT the Committee recess for 55 minutes. CARRIED The meeting reconvened at 1:01 p.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By -law 84 -63 and Draft Plan of Subdivision Applicant: Dunbury Developments (Regional) Ltd. Report: PSD- 053 -11 Tracey Webster, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Dana Gilbert, Planner, Sernas Associates, acting on behalf of Dunbury Developments (Regional) Ltd., stated that she has read the staff report and that she will take any concerns back to the applicant. (b) Subject: Application to Amend the Zoning By -law 84 -63 Applicant: Valleymore Land Corporation Report: PSD- 054 -11 Tracey Webster, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Linda Gasser spoke in opposition to the application. She stated that she is familiar with the neighbourhood and she is concerned about the impact of the access road on the adjacent roads. Ms. Gasser also stated that she is concerned about the effect of light pollution from the development on wildlife in the area. She is also requesting additional signage, to indicate a left turn, on Regional Road #9. 8 General Purpose and Administration Committee Minutes June 13, 2011 Deb Weyrich -Cody, daughter of a local resident, spoke in opposition to the application. She asked how much space was allowed between the wetland and the buffer area. Ms. Weyrich -Code stated that the pond on her mother's property (adjacent to the subject property) is not shown as a wetland, in the PowerPoint slide. She suggested that the yellow line on the map should mimic the blue line in the southwest corner with respect to the pond. Ms. Weyrich -Code stated that there are currently no lights in the area and that she is concerned about light pollution. She noted that there is an observatory in the vicinity of the property. Ms. Weyrich -Code asked whether this application is being grandfathered. She was also requesting that the septic systems of the development be located away from the pond on her mother's property. Ruth Weyrich, local resident for 45 years, spoke in opposition to the application. She stated that she is concerned about the wildlife that may be impacted if the development affects the pond on her property. Ms. Weyrich informed the Committee that, when the pond was built in 1971, there were at least 13 springs. She is concerned that there is a natural dam, 20 feet high, which may be at risk from the development. Ms. Weyrich stated that she has the same concerns at Debra Weyrich -Cody with respect to the lines regarding her pond on the PowerPoint slide. She stated that there is not enough room to safely put a septic tank near her pond. Ms. Weyrich added that she would like to obtain the dimensions of the lots near her property. Glenn Genge, D.G. Biddle & Associates, spoke on behalf of Valleymore Land Corporation. He noted that the applicant and a hydro - geologist from Geo- Logic, were also present. Mr. Genge stated that the purpose of this public meeting is to implement an Ontario Municipal Board (OMB) decision, as a result of the Oak Ridges Moraine Act being implemented after the application was originally made. Mr. Genge stated that the lighting will follow the municipal standards. He noted that there is lighting at the ski hill already. Mr. Genge stated that the application is not on the pond property. He added that the subdivision drains away from the pond. Mr. Genge stated that the trees within the Environmentally Protected Zone will not be disturbed, unless it is part of a Tree Preservation Plan. Nyle Mcllveen, Geo- Logic, spoke regarding the geology of the subject property. He noted that another consultant reviewed this property in 1992 and the current report has been peer reviewed. Mr. Mcllveen stated that the water moves into the pond, but does not outflow. He stated that there will need to be engineering done to ensure that water does not flow toward the pond. Mr. Mcllveen stated that the quicksand layer is common to the area. He added that all the wells are deeper than the pond and they have performed several pump tests in order to meet the Health Unit criteria. 9 General Purpose and Administration Committee Minutes June 13, 2011 PLANNING SERVICES DEPARTMENT APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION FOR PROPOSED ZONING BY -LAW AMENDMENT APPLICANT: DUNBURY DEVELOPMENTS (REGIONAL) LTD. Resolution #GPA- 419 -11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD- 053 -11 be received; THAT the application for proposed draft plan of subdivision and zoning by -law amendment submitted by Dunbury Developments (Regional) Ltd., to permit the development of a residential plan of subdivision for 266 residential units continue to be processed including the preparation of a future report considering all agency comments and all concerns received through the public notice; and THAT all interested parties listed in Report PSD- 053 -11 and any delegations be advised of Council's decision. CARRIED REZONING APPLICATION TO COMPLY WITH AN ONTARIO MUNICIPAL BOARD DECISION APPLICANT: VALLEYMORE LAND CORP. Resolution #GPA- 420 -11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD- 054 -11 be received; THAT the application to amend Zoning By -law 84 -63 and Zoning By -law 2005 -109 to allow for the development of six (6) residential lots previously approved by the Ontario Municipal Board (OMB) be approved and that the proposed Zoning By -law Amendment contained in Attachment 6 and Attachment 7 to Report PSD- 054 -11 be passed; THAT a copy of Report PSD- 054 -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- 054 -11 and any delegations be advised of Council's decision. MOTION LOST - 10 - General Purpose and Administration Committee Minutes June 13, 2011 Resolution #GPA- 421 -11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD- 054 -11 be tabled until the Council meeting of June 20, 2011. CARRIED ONTARIO HERITAGE TRUST HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEES Resolution #GPA- 422 -11 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD- 055 -11 be received; THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the Municipality of Clarington nominates: • Edmond Vanhaverbeke for recognition under the Heritage Community Recognition Program for his significant contribution to the preservation of the built heritage of the Municipality of Clarington; • Gabbie Kirkwood for recognition under the Young Heritage Leaders Program for her significant contribution to the preservation of the built heritage of the Municipality of Clarington; and THAT Edmond Vanhaverbeke, Gabbie Kirkwood, the Ontario Heritage Trust, and the interested parties listed in Report PSD- 055 -11 be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 2, 2011 Resolution #GPA- 423 -11 Moved by Councillor Partner, seconded by Mayor Foster THAT Report PSD- 056 -11 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on June 2, 2011 for applications A2011 -0013, A2011 -0016 and A2011 -0019 to A2011 -0022; and General Purpose and Administration Committee Minutes June 13, 2011 THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED In response to a question from Mayor Foster, the Manager of Development Review advised that Anne Taylor Scott, Planner, is fulfilling the role of communicating information with respect to the Morgan's Road commercial fill site. Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT NEWCASTLE PARKING STUDY Resolution #GPA- 424 -11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD- 024 -11 be received; THAT Staff work in cooperation with the Newcastle BIA to help facilitate the initiatives outlined in the study to help improve parking in downtown Newcastle; THAT Staff utilize future development agreements between potential developers in the downtown core of Newcastle to protect and enhance existing parking supply; THAT the Municipality continue to monitor parking to assist in determining the future need for additional public parking facilities in Newcastle's downtown core and potential feasible locations for additional public parking should demand require it; and THAT the Newcastle BIA and all other interested parties be informed of Report EGD- 024 -11. CARRIED TRULL'S ROAD PUBLIC INFORMATION CENTRE AND FIRNER STREET DITCHES Resolution #GPA- 425 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT Staff report back on the Trull's Road Public Information Centre meeting regarding ditches as well as filling in the ditches of Firner Street. CARRIED - 12 - General Purpose and Administration Committee Minutes June 13, 2011 RECESS Resolution #GPA- 426 -11 Moved by Councillor Partner, seconded by Councillor Neal THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 2:55 p.m. Councillor Woo chaired this portion of the meeting. OPERATIONS DEPARTMENT PITCH IN WEEK Resolution #GPA- 427 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report OPD- 007 -11 be received for information. CARRIED Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT — APRIL — 2011 Resolution #GPA- 428 -11 Moved by Councillor Woo, seconded by Mayor Foster THAT Report ESD- 007 -11 be received for information. CARRIED General Purpose and Administration Committee Minutes June 13, 2011 NEXT GENERATION COMMON COMMUNICATIONS PLATFORM Resolution #GPA- 429 -11 Moved by Councillor Partner, seconded by Councillor Traill THAT Report ESD- 008 -11 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT ABANDONED CEMETERIES BOARD Resolution #GPA- 430 -11 Moved by Councillor Novak, seconded by Councillor Traill THAT Report CLD- 015 -11 be received; THAT the resignation of Jim Becksted be received, with regret, and that he be thanked for his interest in the Abandoned Cemeteries Board; and THAT Laura Suchan be appointed to the Board for a term concurrent with Council. CARRIED AUDIO RECORDING OF MEETINGS Resolution #GPA- 431 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT Report CLD- 016 -11 be received; THAT the Municipal Clerk's Department commence audio taping all Council and Committee meetings that are held in the Council Chambers, with the exception of closed meetings; - 14 - General Purpose and Administration Committee Minutes June 13, 2011 THAT equipment be purchased to allow for the conversion of VHS tape to CD; THAT, in accordance with the Municipal Freedom of Information and Protection of Privacy Act, copies of the CDs be made available for purchase through the Municipal Clerk's Department at a cost of $10 each; THAT a copy of each CD be made available through the Clarington Public Library; and THAT staff continue to investigate the issue of podcasting and webcasting all Council and Committee meetings to the Clarington website and report back during the 2012 budget deliberations. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT ASO BENEFIT PROGRAM ANALYSIS Resolution #GPA- 432 -11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD - 015 -11 be received for information. TABLED (See following motion) Resolution #GPA- 433 -11 Moved by Councillor Neal, seconded by Councillor Partner THAT Report COD - 015 -11 be tabled until the General Purpose and Administration meeting of June 27, 2011. CARRIED BILL 181 FIRE MANDATORY RETIREMENT LEGISLATION AND PROPOSED AMENDMENTS BY OMERS SPONSORS CORPORATION Resolution #GPA- 434 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report COD - 018 -11 be received for information. CARRIED - 15 - General Purpose and Administration Committee Minutes June 13, 2011 TENDER CL2011 -11, PAVEMENT REHABILITATION, VARIOUS LOCATIONS Councillor Hooper declared a pecuniary interest with respect to Report COD - 020 -11, as he owns property on one of the streets indicated. Councillor Hooper left the room and did not participate in discussions and voting on this matter. Resolution #GPA- 435 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report COD - 020 -11 be received; THAT Coco Paving Inc., Oshawa, Ontario, with a total bid in the amount of $1,454,322.37 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2011 -11 be awarded the contract for Pavement Rehabilitation, Various Locations, as required by the Municipality of Clarington, Engineering Department; THAT the funds required in the amount of $1,745,000.00 (which includes $1,454,322.37 for tendering, design, contract administration and contingencies) be drawn from the 2011 Engineering Department Capital Account #110 -32- 330 - 83212 -7401, Pavement Rehabilitation account; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED FINANCE DEPARTMENT MUNICIPALITY OF CLARINGTON'S DEBT STATUS Resolution #GPA- 436 -11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report FND- 014 -11 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. See a continuation of the Solicitor's Department section following the Chief Administrative Officer's section. - 16 - General Purpose and Administration Committee Minutes June 13, 2011 CHIEF ADMINISTRATIVE OFFICER MUNICIPALITY OF CLARINGTON — FINAL DRAFT STRATEGIC PLAN Resolution #GPA- 437 -11 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CAO- 004 -11 be received; THAT the Final Draft of the Strategic Plan be approved; and THAT the CAO provide an annual status report on the progress of the implementation of the Strategic Plan commencing in mid 2012. CARRIED SOLICITOR'S DEPARTMENT - Continued MORGAN'S ROAD COMMERCIAL FILL OPERATION ENVIRONMENTAL REVIEW TRIBUNAL Resolution #GPA- 438 -11 Moved by Councillor Neal, seconded by Councillor Woo THAT the Solicitor report to Council on June 20, 2011, on the various roles the municipality could assume at the Environmental Review Tribunal preliminary hearing addressing the MOE Director's Order #333- 8FN29D -1. CARRIED UNFINISHED BUSINESS JOSEPH ATKINSON PARK Resolution #GPA- 439 -11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report EGD- 021 -11 be lifted from the table. CARRIED General Purpose and Administration Committee Minutes June 13, 2011 Resolution #GPA- 440 -11 Moved by Councillor Woo, seconded by Councillor Neal THAT Report EGD- 021 -11 be received for information. CARRIED DURHAM -YORK ENERGY FROM WASTE PROJECT CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR) Resolution #GPA- 441 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT Item #6 of Report #2 - Durham -York Energy From Waste Project Clarington Comments on Certificate of Approval Application (Air) be lifted from the table. CARRIED Resolution #GPA- 442 -11 Moved by Councillor Traill, seconded by Councillor Neal WHEREAS the Municipality of Clarington has the right to make recommendations to the Ministry of the Environment (MOE) as part of the Certificate of Approval process which, if adopted, would be legally enforceable; WHEREAS it is incumbent upon members of Council to collectively exercise the utmost due diligence in fulfilling our mandate to make decisions which have, at the forefront, the best interests, health and safety of Clarington citizens; WHEREAS such an exercise of due diligence requires members of Council to ensure that the only most conscientious, practical and thorough recommendations are submitted to the MOE as part of the Certificate of Approval process; NOW THEREFORE BE IT RESOLVED: THAT as recommended in the MOE's Guideline A -7: Air Pollution Control, Design and Operation Guidelines for Municipal Waste Thermal Treatment Facilities, that Clarington's submission number two of Report PSD- 052 -11 be amended to include the following wording: g) THAT high sensitivity continuous monitoring of fine particulate matter and organic matter be implemented as a fundamental condition of the Certificate of Approval; - 18 - General Purpose and Administration Committee Minutes June 13, 2011 THAT the wording of Clarington's submissions as set forth in PSD- 052 -11 and as approved by Committee on May 30, 2011 remain unaltered, with the exception of the additional clause described above; THAT the Addendum to Report PSD- 052 -11 be received for information; THAT copies of the amended PSD- 052 -11, and Council's decision be forwarded to the Region of Durham, the Region of York and the Ministry of Environment; and THAT all interested parties listed in Report PSD- 052 -11 and any delegations be advised of Council's decision. RULED OUT OF ORDER (See following) RECESS Resolution #GPA- 443 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Committee recess for 15 minutes. CARRIED The meeting reconvened at 4:16 p.m. DURHAM -YORK ENERGY FROM WASTE PROJECT CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR) (Continued) Mayor Foster ruled the foregoing Resolution #GPA- 442 -11 out of order as it was not the motion which was lifted from the table. Resolution #GPA- 444 -11 Moved by Councillor Novak, 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 WHEREAS to demonstrate compliance with air emission, the application submission was supported by an Emission Summary and Dispersion Modelling (ESDM) Report; and - 19 - General Purpose and Administration Committee Minutes June 13, 2011 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; 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; - 20 - General Purpose and Administration Committee Minutes June 13, 2011 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. CARRIED AS AMENDED (See following motions) Resolution #GPA- 445 -11 Moved by Councillor Novak, seconded by Councillor Partner THAT the foregoing Resolution #GPA- 444 -11 be amended as per the Addendum to Report PSD- 052 -11 as follows: THAT Recommendation 2c) be amended by adding the words If technically feasible from an operational perspective "; THAT Recommendation 2 e) and f) be amended to read "....and the frequency of sample collection and analysis be initially set at biweekly and reduced over time if the results being obtained are as projected; "; and THAT Recommendation 3 be deleted and the remaining recommendations renumbered. MOTION LOST Resolution #GPA- 446 -11 Moved by Councillor Traill, seconded by Councillor Hooper THAT the foregoing Resolution #GPA- 444 -11 be amended by adding the following as Recommendation 5: THAT Addendum Report PSD- 052 -11 be received for information." CARRIED General Purpose and Administration Committee Minutes June 13, 2011 Resolution #GPA- 447 -11 Moved by Councillor Traill, seconded by Councillor Woo THAT the foregoing Resolution #GPA- 444 -11 be amended by adding item 2g) as follows: THAT high sensitivity continuous monitoring of fine particulate matter and organic matter be implemented as a fundamental condition of the Certificate of Approval; ". CARRIED LATER IN THE MEETING (See following motions) CLOSED SESSION Resolution #GPA- 448 -11 Moved by Councillor Neal, seconded by Councillor Traill 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 is subject to solicitor - client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 5:25 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. DURHAM -YORK ENERGY FROM WASTE PROJECT CLARINGTON COMMENTS ON CERTIFICATE OF APPROVAL APPLICATION (AIR) (Continued) The foregoing amending Resolution #GPA- 447 -11 was then put to a vote and carried. The foregoing Resolution #GPA- 444 -11 was then put to a vote and carried as amended. General Purpose and Administration Committee Minutes June 13, 2011 PRESENTATION OF JOHN PRESTA AND SUSAN SELF REGARDING THE CTC SOURCE WATER PROTECTION PLAN UPDATE Resolution #GPA- 449 -11 Moved by Councillor Novak, seconded by Councillor Hooper THAT John Presta and Susan Self be thanked for their presentation regarding an update on the Source Water Protection Plan; and THAT John Presta and Susan Self be asked to keep the Council of the Municipality of Clarington apprised of the progress of the Source Water Protection Plan. CARRIED DELEGATION OF TED MESZAROS REGARDING THE MORGAN'S ROAD COMMERCIAL FILL OPERATION Resolution #GPA- 450 -11 Moved by Councillor Woo, seconded by Councillor Neal THAT Ted Meszaros be thanked for his delegation regarding the Morgan's Road Commercial Fill Operation; and THAT his comments be forwarded to Anne Taylor Scott, who will be fulfilling the role of communicating information pertaining to Morgan's Road to the residents. CARRIED DELEGATION OF RICHARD WARD REGARDING THE ONGOING PROPERTY STANDARDS SITUATION AND REASONS Resolution #GPA- 451 -11 Moved by Councillor Neal, seconded by Councillor Hooper THAT the delegation of Richard Ward be received; and THAT that Mr. Ward be advised of previous actions taken. CARRIED General Purpose and Administration Committee Minutes June 13, 2011 OTHER BUSINESS PETITION REQUESTING BUS SERVICE TO NEWTONVILLE Councillor Partner presented a petition (with approximately 400 signatures) from Mr. Wallace Boughton requesting bus service to Newtonville. Resolution #GPA- 452 -11 Moved by Councillor Partner, seconded by Councillor Woo THAT Mr. Wallace Boughen's petition requesting Durham Transit and GO Bus service to Newtonville be referred to the Durham Region Transit, Metrolinx and Staff. CARRIED MORGAN'S ROAD COMMERCIAL FILL OPERATION — REQUEST TO THE GANARASKA REGION CONSERVATION AUTHORITY Resolution #GPA- 453 -11 Moved by Councillor Partner, seconded by Councillor Woo WHEREAS the placement of commercial fill as the ongoing activity at the property municipally known as 4148 Regional Highway 2, Newcastle (the "Property "); AND WHEREAS Ontario Regulation 168/06 (Ganaraska Region Conservation Authority: Regulation of Development, Interference with Wetlands, alteration to Shorelines and Watercourses) regulates the placing and dumping of fill in areas under the jurisdiction of Ganaraska Region Conservation Authority ( "GRCA "); AND WHEREAS the entire Property is within an area regulated by the GRCA under Ontario Regulation 168/06; AND WHEREAS accordingly Clarington's Site Alteration By -law No. 2008 -114 does not and cannot apply to the Property (subsection 142(8) of the Municipal Act, 2001 and section 3.4 of By -law No. 2008 -114; AND WHEREAS on June 30, 2010 GRCA issued a permit under Ontario Regulation 168/06 which expires June 30, 2011; General Purpose and Administration Committee Minutes June 13, 2011 NOW THEREFORE BE IT RESOLVED that the Municipality of Clarington request that GRCA, (a) consider using the MOE Director's Order #333- 8FN29D -1 as a minimum requirement before any new permit is issued; and (b) provide support or information as required to the MOE before or during the Environmental Review Tribunal preliminary hearing scheduled for Wednesday, July 13, 2011. CARRIED ALLOWING EXOTIC ANIMALS TO ENTER CLARINGTON FOR EDUCATIONAL PURPOSES Resolution #GPA- 454 -11 Moved by Councillor Traill, seconded by Councillor Partner THAT Staff be requested to prepare a report regarding allowing exotic animals to enter the Municipality for educational purposes. CARRIED RAISING FUNDS FOR "WALK A MILE IN HER SHOES" Mayor Foster informed the Committee that if Bethesda House raises $1000 during the "Walk a Mile in Her Shoes" campaign he will shave his beard. If they raise $1500, he will shave his beard and moustache. If they raise $2000 he will shave his beard, moustache and head. 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. General Purpose and Administration Committee Minutes June 13, 2011 ADJOURNMENT Resolution #GPA- 455 -11 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 5:46 p.m. CARRIED MI NICIPAL CLERK