HomeMy WebLinkAbout06/20/2011•
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Leading the Way
DATE: MONDAY, JUNE 20, 2011
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held June 7, 2011
PRESENTATIONS
a) 2011 Awards of Academic Excellence
DELEGATIONS (List as of Time of Publication)
a) Beth Meszaros -Delegation of Ted Meszaros regarding the Morgan's Road
Commercial Fill Operation and Request to the Ganaraska Region Conservation
Authority (Items #14 and #17 of Report #1)
b) Sherry Ibbotson - Morgan's Road Commercial Fill Operation -Request to the
Ganaraska Region Conservation Authority (Item #17 of Report #1)
c) Jennifer Thomas-Dobbs -Report PSD-054-11 -Rezoning Application to
Comply with an Ontario Municipal Board Decision (Valleymore Land
Corporation) (Item #1 of Unfinished Business)
d) Hannu Halminen, President, Valleymore Land Corp. -Report PSD-054-11 -
Rezoning Application to Comply with an Ontario Municipal Board Decision
(Valleymore Land Corporation) (Item #1 of Unfinished Business)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Council Agenda - 2 - June 20, 2011
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Clarington Museums and Archives Board Committee dated
April 13, 2011
I - 2 Minutes of the Clarington Heritage Committee dated May 17, 2011
I - 3 Sandra Kranc, City Clerk, City of Oshawa -Regional Council Representation
I - 4 Brian Goldig, Manager, Physician Advisory, Service, The College of Physicians
and Surgeons of Ontario -The Council Award
I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Durham Trail
Co-ordinating Committee (DTCC) Terms of Reference
I - 6 John R. O'Toole, MPP, Durham -Additional HST Revenue on Gasoline to be
used for Essential Transportation Infrastructure
I - 7 Peter Chackeris, P.Eng., Manager, Major Projects Office, Ministry of
Transportation (MTO) -Highway 407 East Open House
Receive for Direction
D - 1 Garry Crombie -Suggestion for Street Naming
D - 2 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Area Municipal
Requests to Expand the Regional Cycling Plan
D - 3 Iris Almeida-Cote, President and CEO, Canada World Youth -Request for
Proclamation of "Canada World Youth Week in Clarington"
D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Invasive Asian
Carp Species in Great Lakes
D - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Aquatic Invasive
Species
D - 6 Wayne Orr, Chief Administrative Officer, Township of South Frontenac -Limiting
Manufacturing and Packaging to Products That Can Be Recycled
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of June 13, 2011
Council Agenda - 3 - June 20, 2011
STAFF REPORT(S)
Report LGL-007-11 -Update - 4148 Regional Highway 2, Newcastle - MOE
Director's Order under the Environmental Protection Act -Appeal to the
Environmental Review Tribunal
UNFINISHED BUSINESS
Report PSD-054-11 -Rezoning Application to Comply with an Ontario
Municipal Board Decision (Valleymore Land Corp.) (Tabled at the General
Purpose and Administration Committee Meeting of June 13, 2011)
BY-LAWS
PROCEDURAL NOTICE(S) OF MOTION
OTHER BUSINESS
CONFIRMING BY-LAW
ADJOURNMENT
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1~1.JJ1 11
Leading die Way
Council Meeting Minutes
JUNE 7, 2011
Minutes of a regular meeting of Council held on June 7, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Partner fed the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Acting Chief Administrative Officer and Director of Corporate
Present: Services and Human Resources, M. Marano
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Operations, F. Horvath
Manager of Development Review, C. Pellarin
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
ANNOUNCEMENTS
Councillor Partner announced the following:
• On Wednesday, June 1, 2011, she, along with Mayor Foster and
Councillors Hooper, Novak and Woo, attended the Elected Officials Emergency
Management Seminar, following which she attended the Customer Service
Accessibility Training for staff and Municipal Boards and Committee members.
• On Thursday, June 2, 2011, she attended the Newcastle Chamber of
Commerce Trade Show held at the Newcastle Community Hall showcasing
local businesses.
• On Friday, June 3, 2011, she, along with Councillor Hooper, attended the
Durham Cattlemen's Association Beef BBQ, held at Knox Pumpkin Farm.
Council Meeting Minutes - 2 - June 7, 2011
• On Saturday, June 4, 2011, she, along with Councillor Hooper, attended Spirit
Day in Tyrone and then attended the 172 Clarington Squadron Air Cadets
Annual Review at the Bowmanville High School.
• On Sunday, June 5, 2011, she, along with Councillor Hooper, attended the
Union Rod and Gun Club Open House.
• On Monday, June 5, 2011, she, along with Councillor Hooper, attended the
Ontario Power Generation (OPG) Information Session at the Garnet B. Rickard
Recreation Complex.
• She extended appreciation to the sponsors and volunteers of the 1St Annual "In
the Face of an Angel" Golf Tournament held May 29, 2011 at Cider House Golf
Club which raised $2,200 for ovarian cancer research.
• She issued a reminder that the Rotary Ribfest will be held this Friday, Saturday
and Sunday and the Rotary Club is looking for Members of Council to volunteer
to do a shift over the weekend.
Councillor Woo announced the following:
• On Saturday, June 11, 2011, the Annual Spring Food and Wine Festival in
support of Big Brothers and Big Sisters of Clarington will be held at the
Newcastle Community Hall from 12:00 noon to 5:00 p.m. featuring wine and
gourmet foods.
• On June 25, 2011, the 3~d Annual Durham Men's Walk Against Domestic
Violence will take place during the Fabulous Fifties Festival. The event is held
to increase community awareness of domestic violence in Durham Region, to
raise funds in support of the services provided by Bethesda House, and to give
the "good guys" of Durham Region a chance to speak up and take a stand.
Councillor Traill announced that "Doors Open Clarington" will take place this Saturday,
June 11, 2011, and will showcase various sites including the Visual Arts Centre, the
Soper Creek Trail, the Bowmanville Zoo and St. Marys Cement.
Councillor Hooper announced the following:
On Sunday, June 5, 2011, the 9th Annual Alfie Shrubb 8K Classic was held.
This year's run set a new course record of 25 minutes and had the biggest
crowd ever. Funds raised help to support Camp Ooch, a camp for children
with cancer.
He also attended "Greek Night" in Newcastle on Sunday evening, a great event
in support of the Hospital Foundation.
On Monday, June 6, 2011, he represented the Municipality at the Terry Fox
Team Appreciation Luncheon. The Clarington site placed Stn out of all of
Ontario raising over $82,000 for cancer research and Team Clarington finished
in 6th place out of 32 teams registered at the Clarington Site.
Council Meeting Minutes - 3 - June 7, 2011
Councillor Neal announced that he, along with Mayor Foster, Councillor Hooper, and
the Municipal Clerk attended the 2011 EmployABILITY Awards Gala at the Tosca
Banquet Hall where he was the recipient of an Award. He also announced that Ryan
Dus, Holy Trinity Catholic Secondary School will be presented this evening with the
first Ward 1 Local Councillor Holy Trinity Titan Comeback Award.
Councillor Novak announced the following:
• She participated in Tim Horton's Camp Day in Courtice along with local
firefighters.
• Courtice Secondary School celebrated their 50th Anniversary. A
commemorative plaque was installed and a tree was planted as part of the
celebrations.
• She also attended the Elected Officials Emergency Management Seminar.
Mayor Foster extended congratulations to Clarington's youth highlighting their
successes in soccer, lacrosse, football and other sports. He indicated that further
information regarding the Darlington Refurbishment project is available on-line.
Mayor Foster announced that Mosport has been recently sold to Canadian Motorsport
Ventures Ltd. and that Council looks forward to working with the new owners in
continuing to build and maintain the respected reputation established by the Panoz
Motor Sports Group.
Resolution #C-278-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held May 16, 2011, be approved.
"CARRIED"
PRESENTATIONS
There were no presentations scheduled for this meeting.
DELEGATIONS
Kerry Meydam addressed Council concerning Item #6 of Report #2 -Report PSD-052-
11, Durham-York Energy from Waste Project Clalington Comments on Certificate of
Approval Application (Air) including the SENES Peer Review. Ms. Meydam indicated
that she supported the report and recommendations made last week regarding
Clarington's comments and requests to the Ministry of the Environment (MOE)
concerning the Certificate of Approval application by Durham/York and Covanta;
however, she is requesting Council to amend the motion to add a request to the MOE
to include continuous monitoring of particulate and organic matter as conditions of the
Certificate of Approval.
Council Meeting Minutes - 4 - June 7, 2011
Ms. Meydam highlighted the importance of monitoring the annual PM2.5 exposures
not just the 24-hour level measured in the EA study as the 98t" 24-hour measurement
is 28.6 which. is very close to the Canada Wide Standard of 30 micrograms per cubic
metre. Ms. Meydam referenced the Ontario A-7 Guidelines for air pollution control,
design and operation guidelines for municipal energy-from-waste treatment facilities
which lists parameters that will be considered for continuous monitoring including
organic and particulate matter as well as other metals and pollutants. She noted the
Ministry encourages the use of high sensitivity continuous particulate matter
monitoring systems over opacity monitoring since particulate emissions have a direct
environmental impact. She expressed concern that the C of A application proposes
opacity monitoring only. Ms. Meydam stated that she, along with others, believes it is
critical that comments include a request to the Ministry to include continuous
monitoring of organic and particulate matter in the Certificate of Approval.
Ms. Meydam feels that such request would be in keeping with the Host Community
Agreement and feels that if Clarington is going to be forced to host the waste
incinerator, then residents want it to be made to be as safe and low-polluting as
possible. Ms. Meydam reiterated the importance of the role of Council to get the best
deal possible for Clarington and urged Council to ask the Ministry to include
continuous monitoring of particulate matter and organic matter as conditions in the
Certificate of Approval to be used for compliance verification as well. Ms. Meydam
advised that as a result of the EBR website being unavailable on June 5t", she wrote
to the Ministry requesting the deadline for comments be extended, noting the Ministry
has complied with her request and has extended the comment period until June 9,
2011. Ms. Meydam also spoke briefly to the Addendum to Report PSD-052-11
suggesting that Council approve the original motion recommended by the General
Purpose and Administration Committee and not support the addendum.
COMMUNICATIONS
Resolution #C-279-11
Moved by Councillor Traill, seconded by Councillor Woo
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 13 and I - 14.
"CARRIED"
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated May 10, 2011.
I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 21,
2011.
I - 3 Minutes of the Clarington Agricultural Advisory Committee dated May 12,
2011.
Council Meeting Minutes - 5 - June 7, 2011
I - 4 Minutes of the Clarington Accessibility Advisory Committee dated May 4,
2011.
I - 5 Minutes of the Clarington Abandoned Cemeteries Board dated May 10,
2011.
I - 6 Minutes of the Central Lake Ontario Conservation Authority dated May 17,
2011.
I - 7 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 15,
2011.
I - 8 John R. O'Toole, MPP, Durham, thanking Council for advising him of the
Municipality's support of the extension of Highway 407 eastward to
Highway 35/115 in a single phase; indicating that he endorses the
resolution and will continue to do all that he can to support local residents,
the business community and Municipal Councils who understand the
importance of completing the highway in accordance with the original
federal/provincial FLOW Agreement; and, forwarding a copy of
correspondence he has sent to the Premier of Ontario regarding
Clarington's position and requesting a copy of the Premier's response.
I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on May 18, 2011, Regional Council adopted the following
resolution pertaining to an update on the planned Multi-Residential
Recycling Carts, Tote Bag Distribution and Associated Promotion and
Education Materials:
"a) THAT Report No. 2011-WR-5 of the Commissioner of Works be
received for information; and
b) THAT a copy of Report No. 2011-WR-5 be forwarded to the local area
municipalities for information."
I - 10 Steve Rohacek, VP, Business Development and Lending, Infrastructure
Ontario, providing an update on the recently announced P3 Canada Fund
Round Three application intake; indicating a comprehensive program
guide is available online describing the types of projects, eligibility and the
process used to identify Pas for support through the program; encouraging
municipalities who are interested in applying to review the guide and to
contact Infrastructure Ontario to discuss their projects with an industry
expert who can provide information on the eligibility of a project and assist
in developing a complete application; and, advising the deadline for
applications for the P3 Canada Fund Round Three is June 30, 2011.
Council Meeting Minutes - 6 - June 7, 2011
I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding
a certified copy of Regional By-law 33-2011 adopted by Regional Council
on May 18, 2011, being an amendment to the Regional Development
Charges By-law; and, advising that any person or organization may appeal
to the Ontario Municipal Board by filing with the Regional Clerk, a Notice of
Appeal setting out the objection to the by-law and the reasons supporting
the objection on or before June 27, 2011.
I - 12 Shari G. Davis, Executive Director, IDAP Learning Disabilities Association
of Peterborough, thanking Council for the grant they received on behalf of
their Clarington office for the work they do with the Learning Disabled and
those with ADHD.
I - 13 Regional Municipality of Durham Public Notice advising of the completion
of the Municipal Class Environmental Assessment (Class EA) Study to
assess the current shortage of wastewater treatment plant reserve
capacity for Bowmanville; indicating that the project file documenting the
study process, and the technically feasible alternative is available for
viewing at the Regional Clerk's Department, the Municipal Clerk's
Department and the Clarington Public Library Courtice Branch or on line at
www.durham.ca/studiesandprojects; and, advising that if concerns
regarding the project cannot be resolved in discussion with the Region of
Durham, a person or party may request that the Minister of the
Environment make an order for the project to comply with Part I I of the
Environmental Assessment Act, by June 24, 2011. To obtain further
information or to provide comments, contact Jim McGilton, Manager of
Engineering Planning and Studies, Region of Durham, or Jennifer Haslett,
Manager, Environmental Assessments, The Sernas Group.
Resolution #C-280-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 13 from the Regional Municipality of Durham, with
respect to the Public Notice regarding the Municipal Class Environmental
Assessment -Pumping Station, Forcemain and Gravity Sewer to divert Sanitary
Sewage Flows from Bowmanville to Courtice, be received for information.
"CARRIED"
Council Meeting Minutes - 7 - June 7, 2011
I - 14 Margaret Pak, Transportation Environmental Planner, Ministry of
Transportation (MTO) advising of the completion of the detail design for
the removal of the Highway 401/CNR Subway Bridge structure located in
Oshawa and the Highway 401/CNR Spur Line Bridge structure located in
Clarington; indicating the removal of the bridges will require one
construction season to complete and work is scheduled to start in mid-
June 2011; advising that removal of the CNR Spur Line Bridge deck and
centre pier will require two full directional overnight weekend closures of
Highway 401 for approximately 8 hours (Saturday 23:00 to Sunday 07:00)
with eastbound removals scheduled for June 25 and westbound removals
scheduled for July 9; and, forwarding a copy of the Notice of Construction
for the removal of the bridge structures, highlighting key maps and detour
routes which will be published in Clarington This Week and Oshawa This
Week on June 1 and 2, 2011.
Resolution #C-281-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Correspondence Item I - 14 from the Ministry of Transportation (MTO), with
respect to the removal of the Highway 401/CNR Subway Bridge structure located in
Oshawa and the Highway 401/CNR Spur Line Bridge structure located in Clarington,
be received for information.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-282-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Correspondence Items D - 1 to D - 7 be approved as per the agenda.
"CARRIED"
D - 1 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration,
inviting nominations for the Ontario Medal for Good Citizenship, a program
established in 1973 to recognize and honour Ontarians, who through
exceptional long-term effort, have made outstanding contributions to life in
their communities. Nomination forms are available on line at
www.ontario.ca/honoursandawards or by contacting the Ontario Honours
and Awards Secretariat. The deadline for submission is August 17, 2011.
(Correspondence referred to the Municipal
Clerk to place information on the Municipal
website)
Council Meeting Minutes - 8 - June 7, 2011
D - 2 Flora and Clifford Curtis requesting permission to hold a fireworks display
in their backyard to close their family reunion on Saturday, July 9, 2011,
and advising that they will notify their immediate neighbours of their plans
and will take all necessary safety precautions to ensure no complications
arise.
(Approved provided the organizers obtain a
fireworks permit from the Municipal Law
Enforcement Division)
D - 3 Ronald St. C. Armstrong, Armstrong Harrison Associates, writing on behalf
of their client Abraham Afana, Abe's Auto Re-Cycling, with respect to
proposed Official Plan Amendment #77; indicating that the owner will
continue efforts to relocate the business but has previously noted that
certain sections of OPA #77 will make relocation within Clarington
impossible; suggesting awin-win situation for both the owner and the
municipality by inserting a suitably drafted "notwithstanding" clause into
Section 11 of OPA #77; and, requesting Council to direct staff to arrange a
working meeting intended to draft such a clause or other provision in OPA
#77 that will respect the needs of both parties.
(Correspondence referred to the Director of
Planning Services)
D - 4 Cathi Hester, Secretary, Newtonville Town Hall Board, requesting
permission to close Newtonville Mill Street/Church Lane to hold their
annual community barbeque on Saturday, June 18, 2011.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 5 Scott Story, Orono Business Improvement Area, requesting the closure of
Main Street, Orono on Saturday, August 13, 2011, from 8:30 a.m. to 5:00
p.m. for the Orono Antique and Art Show and on Saturday, September 24,
2011, from 8:30 a.m. to 5:00 p.m. for the Orono Chili Cook-Off Event, and
for one sign permit for the Orono Chili Cook-Off event.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department
and correspondence referred to the
Planning Services Department for
consideration of the sign permit)
Council Meeting Minutes - 9 - June 7, 2011
D - 6 Alesha Caldwell, Conservation Outreach Programs Coordinator, Ontario
Federation of Anglers and Hunters, indicating that Ontario Family Fishing
Week is scheduled from July 2 to July 10, 2011, with many fish festivals,
clinics or conservation and educational activities to be held; and,
requesting assistance in publicizing the 2011 Ontario Family Fishing Week
in the Municipality's calendar of summer events and for July 2 to 10, 2011,
to be declared "Ontario Family Fishing Week"
(Proclaimed and correspondence referred
to the Municipal Clerk to place information
on the Municipal website)
D - 7 Connie Shaw advising Council that on June 11, 2011, "The Motorcycle
Ride for Dad" fundraising event in support of prostate cancer research will
be held with 250 to 300 riders expected to participate; advising of the
planned route commencing at 9:00 a.m. at Clarington Honda and
concluding at approximately 9:30 a.m. at Bowmanville High School with a
poker run to follow throughout Durham Region; and, indicating that the
organizers are in the process of providing the Municipality with a Certificate
of Insurance for the event.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on January 26, 2011, Regional Council adopted the following
resolution pertaining to E9-1-1 P.E.R.S. Updated Telephone System Policy
and Procedure Manual:
"a) THAT Appendix `A' of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended by adding a representative of the EMS/Region of
Durham, and further that the representative be appointed by the
Commissioner & Medical Officer of Health;
b) THAT Appendix `A' of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended by deleting the words `five (5) member Board'
and replacing it with the words `seven (7) member Board' so as to be
comprised of the following:
Representative
Regional Council:
Police:
Fire:
Ambulance (Province)
Appointed By
Regional Council (elected
official)
Police Chief
Fire Chief's Committee
Ministry of Health
Council Meeting Minutes - 10 -
EMS/Region of Durham
9-1-1 P.P.S.A.P. Manager
Regional Council (Staff Member)
June 7, 2011
Commissioner & Medical
Officer of Health
9-1-1 Management Board
C.A.O./Region of Durham;
c) THAT Appendix `A' of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended by inserting the word `annual' in the last
paragraph of Appendix 'A' to reflect that the Chairperson be a
representative of either the Police or Fire Agencies on a rotating
annual basis;
d) THAT Appendix `B' of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended to reflect the new members of the 9-1-1
Management Board and their contact information;
e) THAT the 9-1-1 Joint Powers Agreement as contained in the E9-1-1
P.E.R.S. Telephone System, Policy and Procedure Manual, as
amended in Appendix `A' and `B' be approved;
f) THAT the Regional Chair and Clerk be authorized to sign the
9-1-1 Joint Powers Agreement, as amended and contained in the E9-
1-1 P.E.R.S. Telephone System, Policy and Procedure Manual; and
g) THAT the 9-1-1 Joint Powers Agreement, as amended and contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be circulated to the Durham Region Police Services Board
and eight area municipalities for approval and signing of same."
Resolution #C-283-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the resolution from the Regional Municipality of Durham, with respect to the
E9-1-1 P.E.R.S. Updated Telephone System Policy and Procedure Manual, be
endorsed.
"CARRIED"
Council Meeting Minutes - 11 - June 7 2011
D - 9 Paul Smeltzer, Chair, 2014 Congress Organizing Committee, Ontario
Public Works Association, advising that on August 17 to 21, 2014, the
Ontario Public Works Association and the City of Toronto will host the
2014 American Public Works Association International Congress and
Exposition where 6,000 public works industry professionals from all over
the world will come together for four days of extensive educational
programming, workshops, expo and networking; identifying two ways in
which municipalities can participate either by permitting staff to act as
volunteers serving on Committees, acting as moderators, providing
direction and serving as Ambassadors to Toronto and Ontario or by
becoming a sponsor for the Ontario Chapter; and, identifying Municipal
recognition based on the Bronze, Silver, Gold and Platinum Sponsorship
Levels of $5,000 to $20,000+.
Resolution #C-284-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Item D - 9 from Paul Smeltzer, Chair, 2014 Congress
Organizing Committee, Ontario Public Works Association, with respect to the 2014
American Public Works Association International Congress and Exposition, be
received for information.
"CARRIED"
D - 10 Robert P. MacLean, Clerk-Treasurer, Town of Thessalon, writing to the
Honourable Brad Duguid, Minister of Energy, advising that on May 2,
2011, the Town of Thessalon adopted the following resolution pertaining to
ground mounted solar systems:
"WHEREAS in an effort to maintain the peace, quiet, dignity and desirable
appearance of the municipality, the Council of the Corporation of the Town
of Thessalon passed By-law Number 1774 on March 7, 2011 to amend
Schedule A of By-law Number 1592, being a by-law to establish standards
for the maintenance and occupancy of property in the Town of Thessalon,
to include the following section:
Every person shall keep every front yard free and clear of any equipment
or material relating to Renewable Energy Projects including, but not limited
to, Ground and/or Pole Mounted Solar Photovoltaic(PV)Systems, Wind
Facilities or any other like equipment.
AND WHEREAS Council has received confirmation of an individual's
intention to install large ground mounted solar systems on a vacant lot in a
residential area in the municipality;
Council Meeting Minutes - 12 - June 7, 2011
AND WHEREAS the Town of Thessalon has been advised by the Ministry
of Municipal Affairs and Housing that the Green Energy and Green
Economy Act, 2009 made amendments to the Planning Act, most notably
the addition of a new section 62.0.2 which exempts renewable energy
projects from most land use planning instruments under the Planning Act,
including municipal official plans and zoning, site plan control, interim
control and holding by-laws, thus eliminating the need for a property owner
proposing a renewable energy project to seek an official plan amendment
or a change to a zoning by-law, among other matters;
AND WHEREAS Council recognizes the importance of the Green Energy
and Green Economy Act, 2009, Council is sensitive regarding the impact
such installations will have on adjacent property owners who will be in
extremely close proximity to such proposed solar systems;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the Town of Thessalon hereby petitions the Government of
Ontario through the Minister of Energy and Infrastructure to reconsider the
provisions of the Green Energy and Green Economy Act, 2009 and to
address the provisions having regard for the negative impact created by
the installation of ground mounted solar systems within residential and
commercial areas in municipalities;
AND FURTHER THAT a copy of this resolution be forwarded to the
Association of Municipalities of Ontario, the Federation of Northern Ontario
Municipalities and to all municipalities in the Province of Ontario for
endorsement."
Resolution #C-285-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the resolution from the Town of Thessalon, with respect to ground mounted
solar systems, be referred to staff for review and report.
"MOTION LOST"
Resolution #C-286-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the resolution from the Town of Thessalon, with respect to ground mounted
solar systems, be endorsed.
"CARRIED"
Council Meeting Minutes - 13 - June 7 2011
D - 11 Marolyn Morrison, Mayor, Town of Caledon, Chair, Greater Toronto
Countryside Mayors Alliance, writing to the Honourable Rick Bartolucci,
Minister of Municipal Affairs and Housing, advising that on April 15, 2011,
the Countryside Mayors Alliance adopted the following resolution
pertaining to provision of cemeteries:
"WHEREAS municipalities require cemeteries and municipal public service
facilities to support their residential and business constituents;
AND WHEREAS cemeteries and municipal public service facilities must be
provided in proximity to the residents and businesses they are designed to
serve;
AND WHEREAS cemeteries and municipal public service facilities may not
be compatible with or cannot be reasonably established in existing
"settlement areas" within the municipality;
AND WHEREAS the ability to expand settlement areas is constrained by
Provincial Plans such as the Greenbelt Plan, the Oak Ridges Moraine
Conservation Plan, the Niagara Escarpment Plan and the Places to Grow
Plan;
THEREFORE BE IT RESOLVED that the Greater Toronto Countryside
Mayor's Alliance request that, within the five year review of the Provincial
Policy Statement, the Ministry of Municipal Affairs and Housing revise
Section 2.3.5 "Removal of Land From Prime Agricultural Areas" to allow for
the provision of cemeteries and municipal public service facilities on prime
agricultural areas outside settlement areas."
Resolution #C-287-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the resolution from the Greater Toronto Countryside Mayors Alliance, with
respect to provision of cemeteries, be endorsed.
"CARRIED"
D - 12 Martin de Rond, Director of Legislative & Information Services/Town Clerk,
Town of Ajax, advising Council that on May 9, 2011, the Town of Ajax
adopted the following resolution pertaining to Regional Council
Representation:
"WHEREAS a comprehensive review of the composition of Regional
Council was last undertaken in 1996 with the establishment of a Regional
Restructuring Committee;
Council Meeting Minutes - 14 - June 7, 2011
WHEREAS the Committee consisted of the Regional Chair and one
member of Regional Council appointed by each area municipality and a
representative from the Ministry of Municipal Affairs and Housing;
WHEREAS the Regional Clerk's Department presented information during
the April 27-29, 2011 Special Council Meeting that demonstrated
inequitable citizen representation amongst the five urban Lakeshore
municipalities;
AND WHEREAS changes to the composition of Regional Council may
necessitate changes to lower-tier Council composition and ward
boundaries;
NOW THEREFORE BE IT RESOLVED:
THAT a Council Composition Review Committee be established and
comprised of the Regional Chair and the Mayor's, or Council
Designates, from each lower-tier municipality to address the issue of
fair and equitable representation among the Lakeshore municipalities
based on the understanding:
The size of Regional Council remain at a maximum of 28
members plus the Regional Chair; and,
ii. The three northern municipalities continue to be represented by
two representatives each.
2. THAT to allow lower-tier municipalities to complete their own reviews
and approve Council composition and/or boundary changes by
December 31, 2013 in order that all desired changes will be in effect
for the 2014 regular elections, the Committee will report its findings
to the Council of the Regional Municipality of Durham no later than
December 31, 2011; and
3. THAT the Region adopt a policy requiring a substantive review of
Council representation and composition immediately following the
publishing of the comprehensive national census population statistics
every ten years, such next review to take place by December 31,
2021."
Council Meeting Minutes - 15 - June 7, 2011
Resolution #C-288-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the resolution from the Town of Ajax, with respect to Regional Council
Representation, be received for information.
"CARRIED"
D - 13 Raymond Benns, Chair, Ganaraska Region Conservation Authority,
advising Council that on May 19, 2011, the Board of Directors adopted the
following resolution pertaining to large commercial fill operations:
"WHEREAS Conservation Authority regulations in Ontario apply to "other
areas" (within 120 metres) of wetlands; and
WHEREAS "other areas" are only regulated if development in these areas
could interfere with the hydrologic function with the wetland; and
WHEREAS the Section 142(8) of the Municipal Act exempts a landowner
of the requirements of a Municipality's site alteration
by-law, if a Conservation Authority has a regulation in effect;
WHEREAS the Conservation Authority regulations require an applicant to
submit "A complete description of the type of fill proposed to be placed or
dumped"; and
WHEREAS it is beyond the resource capacity and scope of CA regulations
to effectively deal with, large scale commercial fill operations; primarily with
respect to the sources and quality of material they import;
WHEREAS it is the position of the MOE that the regulation of fill sites; or
filling activity is not addressable through its legislation;
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 local MPs and
MPPs and to the watershed municipalities, requesting the municipalities
engage the Association of Municipalities of Ontario (AMO) to also work
towards addressing concerns regarding large commercial fill operations."
Council Meeting Minutes - 16 - June 7, 2011
Resolution #C-289-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the resolution from the Ganaraska Region Conservation Authority, with respect
to large commercial fill operations, be endorsed.
COMMITTEE REPORT(S)
"CARRIED"
Report #1 -General Purpose and Administration Committee Report May 25, 2011.
Resolution #C-290-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 25, 2011 be
approved.
"CARRIED"
Report #2 -General Purpose and Administration Committee Report May 30, 2011.
Resolution #C-291-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 30, 2011 be
approved, with the exception of Items #2, #6, #8, and #11.
"CARRIED"
Item #2
Resolution #C-292-11
Moved by Councillor Novak, seconded by Councillor Hooper
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;
Council Meeting Minutes - 17 - June 7, 2011
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"
(See following motion)
Resolution #C-293-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT the foregoing Resolution #C-292-11 be amended by replacing Paragraph 2 with
the following:
"THAT, in consideration of the servicing constraints for the lands, the draft
approval of Subdivision S-C-2007-001 be extended for six (6) years, until
August 19, 2017."
"CARRIED"
Resolution #C-292-11 was then put to a vote and CARRIED AS AMENDED.
Item #6
Resolution #C-294-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT Item #6 of Report #2 -Durham-York Energy From Waste Project Clarington
Comments on Certificate of Approval Application (Air) be tabled to the General
Purpose and Administration Committee meeting of June 13, 2011.
"CARRIED"
Item #8
Resolution #C-295-11
Moved by Councillor Neal, seconded by Councillor Novak
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
Council Meeting Minutes - 18 - June 7, 2011
THAT interested parties be notified of Council's decision.
"CARRIED"
Item #11
Resolution #C-296-11
Moved by Councillor Partner, seconded by Councillor Woo
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"
STAFF REPORT(S)
There were no staff reports considered under this section of the Agenda.
BUSINESS ARISING FROM PROCEDURAL NOTICE(S) OF MOTION
There was no business arising from Procedural Notices of Motion considered under
this section of the Agenda.
UNFINISHED BUSINESS
Resolution #C-266-11 -Recommendation for Appointment of Rob Franklin to
the Trent Conservation Coalition Source Protection Committee (Tabled at the
Council Meeting of May 16, 2011)
Resolution #C-297-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Resolution #C-266-11 be lifted from the table.
"CARRIED"
Resolution #C-298-11 (Resolution #C-266-11 from May 16, 2011)
Moved by Councillor Neal, seconded by Councillor Partner
THAT Rob Franklin be recommended for appointment on the Trent Conservation
Coalition Source Protection Committee to represent the Municipality of Clarington.
"CARRIED"
Council Meeting Minutes - 19 - June 7, 2011
BY-LAWS
Resolution #C-299-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2011-060 to 2011-062; and
2011-060 Being a by-law to authorize entering into an Agreement with the
Owner(s) of Plan of Subdivision S-C-2007-0001 and any Mortgagee
whom has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of S-C-2007-0001
2011-061 Being a by-law to amend Sign By-law 2009-123, as amended of the
Municipality of Clarington
2011-062 Being a by-law to amend By-law 2006-227, a by-law to licence,
regulate and prohibit certain animals or classes thereof within the
limits of the Municipality of Clarington; and
THAT the said by-laws be approved.
"CARRIED"
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Resolution #C-300-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT the Rules of Procedure be suspended to allow for the introduction of a motion
of new business.
"CARRIED"
Council Meeting Minutes - 20 - June 7, 2011
Resolution #C-301-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT an exemption to the Exotic Pet By-law 93-161 be provided to the Samuel
Wilmot Nature Area Management Advisory Committee to allow for a Birds of Prey
presentation to be held on Saturday, June 18, 2011, at the Wilmot Nature Area.
"CARRIED"
Councillor Partner advised of the disrepair of the roads at the Bowmanville Cemetery
and suggested that Members of Council take a tour of the Cemetery. She will bring
this up at the next General Purpose and Administration Committee meeting.
Councillor Traill requested clarification on the deadline for submission of comments to
the Certificate of Approval application for the Energy-From-Waste facility. Mayor
Foster clarified that the submission deadline has been extended until Thursday, June
9, 2011. The Director of Development Review advised that the Ministry has received
the Peer Review Consultant's report but would not have a Council endorsement.
Councillor Hooper advised of significant issues in the downtown core regarding power
outages and requested that the matter be investigated with Veridian. Mayor Foster
and Councillor Novak indicated that any time problems are experienced with Veridian,
they can investigate on behalf of Members of Council.
Councillor Neal questioned whether direct Election of the Regional Chair will be
reviewed as part of the Report on Regional Council representation on the Regional
Council Agenda tomorrow. Mayor Foster clarified that they are two distinct issues and
a separate report would be coming back to Regional Council on the direct election of
the Regional Chair.
Councillor Partner indicated that she has received 153 a-mails with respect to the
Morgan's Road issues and wanted to relay to residents that Council and staff are
working diligently on the matter.
CONFIRMING BY-LAW
Resolution #C-302-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2011-063, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 7th day of June, 2011; and
Council Meeting Minutes - 21 - June 7, 2011
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-303-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the meeting adjourn at 8:30 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
June 20, 2011
a) Beth Meszaros -Delegation of Ted Meszaros regarding the Morgan's
Road Commercial Fill Operation and Request to the Ganaraska
Region Conservation Authority (Items #14 and #17 of Report #1)
b) Sherry Ibbotson - Morgan's Road Commercial Fill Operation -
Request to the Ganaraska Region Conservation Authority (Item #17
of Report #1)
c) Jennifer Thomas-Dobbs -Report PSD-054-11 -Rezoning Application
to Comply with an Ontario Municipal Board Decision (Valleymore
Land Corporation) (Item #1 of Unfinished Business)
d) Hannu Halminen, President, Valleymore Land Corp. -Report PSD-
054-11 -Rezoning Application to Comply with an Ontario Municipal
Board Decision (Valleymore Land Corporation) (Item #1 of Unfinished
Business)
SUMMARY OF CORRESPONDENCE
JUNE 20, 2011
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Clarington Museums and Archives Board Committee
dated April 13, 2011 (Copy attached)
I - 2 Minutes of the Clarington Heritage Committee dated May 17, 2011
(Copy attached)
I - 3 Sandra Kranc, City Clerk, City of Oshawa, writing to Martin de Rond,
Town of Ajax, advising that on May 24, 2011, the City of Oshawa
adopted the following resolution pertaining to Regional Council
Representation:
"THAT Ajax Council's resolution requesting Oshawa Council's
endorsement of the establishment of a Council Composition Review
Committee to address the issue of fair and equitable representation
among Durham Region municipalities be received and filed."
I - 4 Brian Goldig, Manager, Physician Advisory Service, The College of
Physicians and Surgeons of Ontario, advising of the Council Award,
an award honouring outstanding physicians who have demonstrated
excellence and come closest to meeting the society's vision of an
ideal physician based on eight "physician roles" identified by
Educating Future Physicians of Ontario; forwarding a nomination form
and eight-point selection criteria; and, indicating the deadline for
receipt of nominations is August 12, 2011.
I - 5 P. M. Madill, Regional Glerk, Regional Municipality of Durham, writing
to Terry Clayton, Chair, Durham Trail Co-ordinating Committee,
advising that on. June 8, 2011, Regional Council adopted the following
resolution pertaining to Durham Trail Co-ordinating Committee
(DTCC) Terms of Reference:
"a) THAT the Terms of Reference for the Durham Trail Co-ordinating
Committee be revised, as outlined in Attachment 1 to Report
#2011-P-43 of the Commissioner of Planning and Economic
Development; and
b) THAT a copy of Report #2011-P-43 be forwarded to the Durham
Trail Co-ordinating Committee and the area municipalities."
Summary of Correspondence - 2 - June 20, 2011
I - 6 John R. O'Toole, MPP, Durham, forwarding a copy of the Official
Report of Debate (Hansard) for May 16 and May 18, 2011, outlining
his comments regarding the CAA South Central Ontario petition
calling for a portion of the additional HST revenue being collected on
gasoline to be dedicated. to transportation infrastructure; indicating
that over 100 municipalities have endorsed the CAA resolution;
advising that he has also submitted a petition to the Legislature
requesting that a portion of the additional HST tax revenue from
gasoline be used for infrastructure and has submitted an Order Paper
to the Minister of Finance seeking details as to where the additional
HST tax revenue will be spent; and, commending Council for their
leadership on the issue.
I - 7 Peter Chackeris, P.Eng., Manager, Major Projects Office, Ministry of
Transportation (MTO), advising that the Ministry of Transportation is
hosting an Open House for the Highway 407 East project on June 29,
2011, at the Oshawa and District Shrine Club, 1626 Simcoe Street
North, Oshawa from 3:00 p.m. to 4:00 p.m. for MPs, MPPs, City
Councillors, Municipal and Agency Staff and from 4:00 p.m. to
8:00 p.m. for members of the public. The session will facilitate the
exchange of information between study area stakeholders and
members of the project team and will include the project timeline,
procurement process, property issues and other project-related items.
CORRESPONDENCE FOR DIRECTION
D - 1 Garry Crombie, suggesting that the name "Lyle" be considered as a
street name in Bowmanville in recognition of the many members of
the Lyle family who have been volunteer firefighters and of Mr. Lyle
Sr ,former Fire Chief.
(Motion to refer correspondence to
the Director of Planning Services)
D - 2 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on June 8, 2011, Regional Council adopted the
following resolution pertaining to Area Municipal requests to expand
the Regional Cycling Plan:
"a) THAT the eight area municipalities be requested to provide
updates and suggestions for modifications to the Regional
Cycling Network by September 2011 for input into an updated
Regional Cycling Plan to be considered by Regional Council as
part of the 2012 Business Planning and Budget review;
Summary of Correspondence - 3 - June 20, 2011
b) AND FURTHER THAT the eight area municipalities be
requested to consider contacting cycling clubs and individuals of
record to solicit their input on improvements and modifications to
the Regional Cycling Network."
(Motion to refer correspondence to
the Director of Planning Services)
D - 3 Iris Almeida-Cote, President and CEO, Canada World Youth, an
organization whose programs are designed to help youth experience
the world for themselves, learn about other cultures and diverse
Canadian communities while developing leadership and
communication skills through volunteer work each year; indicating
that on October 19, 2011, Canada World Youth will celebrate its 40tH
Anniversary which coincides with the 10tH Anniversary of the
International Year of Volunteers; and, requesting Council to proclaim
the week of October 17 to 23, 2011 as "Canada World Youth Week
in Clarington".
(Motion to Proclaim)
D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
writing to David Ullrich, Executive Director, Great Lakes-St.
Lawrence Cities Initiative, advising that on June 8, 2011, Regional
Council adopted the following resolution pertaining to Invasive Asian
Carp Species in Great Lakes:
"a) THAT the following resolution of the Town of Ajax regarding
`Invasive Asian Carp Species in Great Lakes' be endorsed:
`WHEREAS the transfer of invasive Asian Carp (an aquatic
nuisance species) into the Great Lakes poses a significant
threat to the health and welfare of Canadians and Americans;
and
WHEREAS the U.S. Army Corps of Engineers was authorized
by U.S. Congress in 2007 to revent the movement of aquatic
species between the Mississippi River Basin and the Great
Lakes Basin; and
WHEREAS, according to a 2009 Risk Assessment conducted
by the Canadian Department of Fisheries and Oceans, the time
has come to take decisive, co-ordinated actions to protect the
Great Lakes from reaching the avoidable, irreversible ecological
"tipping point" that is anticipated to result from an Asian Carp
invasion; and
Summary of Correspondence - 4 - June 20, 2011
WHEREAS a permanent, sustainable solution for the
proliferation of Asian Carp in the Great Lakes Basin requires re-
establishing the hydrologic separation between the Mississippi
River Basin and the Great Lakes Basin to the Greater Chicago
area, as confirmed in Resolution 8-2010M approved by the
members of the Great Lakes and St. Lawrence Cities Initiative
in 2010; and
WHEREAS the complementary "Statement of Unity" respecting
Asian Carp approved by the members of the Great Lakes and
St. Lawrence Cities Initiative in 2010 established a series of
short term (2010), midterm (2011-2012) and long term (2013
and beyond) actions; and
WHEREAS the Statement of Unity did not anticipate the need
for and appropriateness of conducting public hearings regarding
Asian Carp as an international pollutant under Section 310(a) of
the Clean Water Act of the U.S.A. to allow citizens and
stakeholders in U.S. and Canadian Great Lakes communities
who are concerned about the impact of an Asian Carp invasion
to provide comments directly to the U.S. Army Corps of
Engineers; and
WHEREAS the above-noted Resolution and Statement of Unity
were endorsed as an expression of shared widespread concern
about the threats that invasive Asian Carp would pose to
ecological conditions, habitat and recreational activities along
Great Lakes and St. Lawrence shorelines and tributaries, yet
Canadian municipalities, stakeholders and citizens have not
been provided with the opportunity to express their concerns
directly to the U.S. Army Corps of Engineers, as the U.S. Clean
WaterAct does not require that public hearings be conducted in
Canada or, more specifically, in Ontario and Quebec;
NOW THEREFORE BE IT RESOLVED, that the comments and
recommendations set out in the Toronto and Region
Conservation Authority report entitled "Great Lakes and
Mississippi River Interbasin Feasibility Study-Invasive Asian
Carp Species", dated April 29, 2011, and the comments of the
Great Lakes United to the U.S. Army Corps of Engineers
(USAGE), dated March 31, 2011, regarding the "Great Lakes
and Mississippi Interbasin Feasibility Study" be endorsed;
Summary of Correspondence - 5 - June 20, 2011
BE IT FURTHER RESOLVED, that the members of the Great
Lakes-St. Lawrence Cities Initiative, other stakeholders and the
public be afforded an opportunity to convey their views about
the serious adverse impacts of Asian Carp, on recreational
activities and commercial fisheries, as identified by both the
Ontario Government and Environment Canada and valued at
approximately $400 million CDN per year, and other potentially
costly impacts, in a public hearing conducted in Canada
forthwith, and that USACE provide regular opportunities for
discussion about their progress in public forums, at least two
times per year, in Canada;
BE IT FINALLY RESOLVED, that this resolution be sent to the
Board of Directors of the Great Lakes-St. Lawrence Cities
Initiative requesting that said resolution be considered and
approved at the Annual General Meeting being held on June 16,
2011 in Niagara Falls, Ontario, Canada and then sent forthwith
to the U.S. Department of State with a request that Foreign
Affairs host a public hearing in Canada where the U.S. Army
Corps of Engineers team would be invited to hear the
comments of Canadian municipalities, other stakeholders and
members of the public about the impacts of invasive Asian Carp
on shared international waters.'; and
b) THAT a copy of Report #2011-P=46 of the Commissioner of
Planning and Economic Development be sent to the Town of
Ajax, City of Pickering, Town of Whitby, City of Oshawa,
Municipality of Clarington, Toronto and Region Conservation
Authority, Central Lake Ontario Conservation Authority,
Ganaraska Region Conservation Authority, Great Lakes United
and the Great Lakes - St. Lawrence Cities Initiative."
(Motion for Direction)
D - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
writing to David Ullrich, Executive Director, Great Lakes-St.
Lawrence Cities Initiative, advising that on June 8, 2011, Regional
Council adopted the following resolution pertaining to aquatic
invasive species:
"a) THAT the United States and Canadian Authorities work together
to prevent the spread of all aquatic invasive species between the
Great Lakes and Mississippi River basins; and
Summary of Correspondence - 6 - June 20, 2011
b) THAT a copy of this resolution be sent to Great Lakes United,
the Great Lakes - St. Lawrence Cities Initiative, Department of
Fisheries and Oceans Canada, Ministry of the .Environment,
Area Municipalities and Conservation Authorities."
(Motion for Direction)
D - 6 Wayne Orr, Chief Administrative Officer, Township of South
Frontenac, writing to the Right Honourable Dalton McGuinty, Premier
of Ontario, advising that on June 7, 2011, the Township of South
Frontenac adopted the following resolution pertaining to limiting
manufacturing and packaging to products that can be recycled:
"WHEREAS the Province has the authority to introduce measures to
control the sale of products in Ontario and whereas the Province has
set waste diversion rates for municipalities, therefore the Township
of South Frontenac requests that the Province introduce legislation
that limits the sale of goods sold in Ontario to those. which are
completely recyclable or compostable and packaged in materials that
are completely recyclable or compostable.
FURTHERMORE that this resolution be circulated to other
municipalities for their support."
(Motion for Direction)
I-1
CLARINGTON MUSEUMS AND ARCHIVES
BOARD MEETING
MINUTES
April 13, 2011
Sarah Jane Williams Heritage Centre
62 Temperance Street, Bowmanville, Ontario
Present: J. Witheridge, Chair
S. Laing
M. Carlton
M. Morawetz
M. Speelman-Viney
J. Cashin-Oster
B. Seto
P. Ford
Mayor Foster
Absent : Councillor J. Neal
B. Shields
Staff: Martha Rutherford Conrad, Executive Director
M. Horne, Recording Secretary
1. CALL TO ORDER
The meeting was called to order by the Chair at 7:00 p.m.
The Chair announced that the Executive Director would be a few
minutes late, also, B. Seto had advised that she would be a few
minutes late.
2. ADOPTION OF AGENDA
Moved by: J. Cashin-Oster Seconded by: P. Ford
THAT the agenda be approved with the transfer of item Sb) Social Media
from Business Arising to immediately following Approval of March 14,
2011 Board Meeting Minutes, and with the addition of Committee Reports
item d) the Chair.
MOTION CARRIED
3. APPROVAL OF MARCH 14, 2011 BOARD MEETING MINUTES
Moved by: M. Speelman-Viney Seconded by: M. Carlton
THAT the minutes of the meeting of March 14, 2011 be approved with
the addition of `Motion Carried' being inserted after `New Business d)'
and the correction of the spelling of the name M Morawetz on the
Collections and Event Planning Committee.
MOTION CARRIED
The Executive Director joined the meeting.
5. BUSINESS ARISING
b) SOCIAL MEDIA
M. Speelman-Viney gave a visual presentation to the board members on
Social Media, or "SoMe" as it is referred to in the business.
Explanation of the uses of blogs, twitter, tweet and how this media
can best be used to supplement websites by reaching out to many more
areas was shown. M. Speelman-Viney noted that our blog needs updating
and informed the members of the board that she has created a twitter site.
Discussion took place regarding the presentation and the following motion
was passed:
Moved by: S. Laing Seconded by: J. Cashin-Oster
THAT Social Media be referred to staff for policy.
MOTION CARRIED
B. Seto joined the meeting.
a) BELL PRESENTATION
S. Laing advised the board that two members of the Friends of the
Museum are past employees of Bell who are eligible to apply for
donations to organization for whom they volunteer. As a result, Bell has
donated $2500 to Clarington Museums. S. Laing suggested that
recognition should be made by taking a photo of the donation
being received.
Moved by: J. Cashin-Oster Seconded by: B. Seto
THAT a photo be taken and presented to the members of the Friends
of the Museum.
MOTION CARRIED
4. CORRESPONDENCE
Moved by: S. Laing Seconded by: M. Carlton
THAT the correspondence be accepted.
MOTION CARRIED
6. COMMITTEE REPORTS
a) FINANCE COMMITTEE
Moved by: S. Laing Seconded by: P. Ford
THAT the Finance Report be approved as presented with the exception
of item number 4 which will be discussed under New Business.
MOTION CARRIED
b) EXECUTIVE COMMITTEE
Moved by: J. Witheridge
Seconded by: M. Speelman-Viney
THAT the Executive Committee Report be approved as presented.
MOTION CARRIED
c) EVALUATION PROCEDURE COMMITTEE
No report at this time.
d) The Chair advised that he would be meeting with the Chairs from the
Clarington Public Library and the Visual Arts Centre to discuss future
collaborations.
7. EXECUTIVE DIRECTOR'S REPORT
Moved by: B. Seto
Seconded by: M. Morawetz
THAT the Executive Director's Report be received.
MOTION CARRIED
8. NEW BUSINESS -program fees
The Executive Director presented a report on a recommended
increase in programming fees.
Moved by: P. Ford Seconded by: M. Morawetz
THAT the programming fees for the Clarington Museums and Archives
be increased to $4.00 for members and $5.00 for non members for a
regular 1.5 - 2 hour programme.
MOTION CARRIED
9. DATE AND PLACE OF NEXT BOARD MEETING
The next meeting of the Board of Directors of the Clarington Museums
and Archives will be held on MAY 11, 2011 at the Sarah Jane Heritage
Centre at 7:00 p.m.
10. ADJOURNMENT
Moved by: P. Ford
THAT the meeting adjourn at 8:50 p.m.
Minutes for the April 13, 2011 meeting of the Clarington Museums and Archives Board have been
accepted and approved on
Chair, Clarington Museums and Archives Board Executive Director, Clarington Museums and Archives
I-2
CLARINGTON HERITAGE COMMITTEE
Minu#es of Mee#ing
May 17, 2011
MEMBERS PRESENT:
David Reesor
Allan Kirby
Councillor Hooper
ABSENT: Brad Shields
STAFF: Isabel Little
Karin Murphy a Tibbles
Tracey Ali ~ , zin Gyaltsan
Karina Isert _ A ` uv Kozak
ADOPTION OF MINUTES
11.14 Move
BUSINf~~ ARISING
Superm
,~
Village
by
A Public Meeting el ~ ay 9th in regards to the application. The Committee's
comments on the pro ~' -.. ~~ ~.~ re included in the staff report (PSD-039-11) presented to
the General Purpose an~ ~' dministration Committee at the Public Meeting. A further
staff report will be forwarded to Council with a recommendation on the rezoning and
Official Plan amendment applications.
Request for Addition to Municipal Register
The Committee's request to add 37 and 51 North Street to the Municipal Register as
non-designated properties of cultural heritage value or interest was addressed in a
minutf April
1
separate report (PSD-(?42-11) at the May 9~' meeting. A copy of the staff report was' e-
mailed to the members.. The Planning Services Department did not support adding 37
North Street to the Municipal Register. The Department's recommendation in regards
to 51 North Street was that the Clarington Heritage Committee be requested to carry out
further investigation and research. Council approved the Department's
recommendation. The staff report on these properties included historical information
provided by the Newcastle Village and District Historical Society. There may be further
information available at the Clarington Museum and Archives. Museum staff will
conduct a records search for a small fee. A title sear = _ t the Registry office will be
necessary in order to trace the full ownership history ~ :: property.
11.15 Moved by Angela Tibbles, seconde ~ = _ Kai`'
THAT any expenditures for re h on 51
CHC account ~._. .
"CARRIED"
Candidates for Designation
The Committee
recommend be i
and maps.
research assis
quote on condo
PROJECT REPORT
Heritage Inventorx
The photography is continuing.
serf
Street be paid from the
~~ of buildings they would
made at this meeting.
Registry office on 166 Simpson Avenue in
aith of historical documents such as wills, deeds
th " gh the old Registry system is challenging and
Professional researchers will be contacted to obtain a
2
Website
The Kingsville website contains a Google-based map with pop-ups of pictures of
heritage buildings and a brief architectural description. The Kingsville Heritage
Committee will be contacted to obtain the name of the person who created their
mapping and possibly obtain a quote for having similar mapping prepared for
Clarington. The cost of the mapping may be covered by the budget that has been
allocated for the website's development.
FINANCIAL REPORT
Opening balance March 26 opening ,780.97
March 31 interest 0.05
balance- . $5,781.02
April 6 deposit ~ ~~,, 30.Q
11.16
NEW B
Doors Open 2091
rt
The Doors Open event ir'~Clarington will be held on June 11 m. The Clarington ACG is
looking for volunteers to help with the preparations and on the day of the tour. The
members were provided with a magazine of the event and encouraged to participate by
contacting Tracey Ali.
3
Accessibility Training
Accessibility training has been scheduled for June 1st from 7:00 pm to 8:30 pm and
June 2 from 2:00 pm to 3:30 pm. Committee members are to confirm which session
they will be attending with the Clerks Department.
MTO Presentation
MTO staff will be attending the June CHC
resources affected by the route of the 407.
Meeting adjourned.
a presentation on heritage
4
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REPORT #1
REPORT TO COUNCIL MEETING OF JUNE 20, 2011
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JUNE 13, 2011
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) OPD-007-11 Pitch In Week
(b) ESD-007-11 Monthly Response Report -April - 2011
(c) ESD-008-11 Next Generation Common Communications Platform
(d) COD-018-11 Bill 181 Fire Mandatory Retirement Legislation and Proposed
Amendments by Omers Sponsors Corporation
(e) FND-014-11 Municipality of Clarington's Debt Status
(f) EGD-021-11 Joseph Atkinson Park
2. APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION
APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT
APPLICANT: DUNBURY DEVELOPMENTS (REGIONAL) LTD.
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
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1 - 2 - June 20, 2011
THAT all interested parties listed in Report PSD-053-11 and any delegations be
advised of Council's decision.
3. ONTARIO HERITAGE TRUST
HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEES
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.
4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JUNE 2, 2011
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
THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment.
5. NEWCASTLE PARKING STUDY
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;
Report #1 - 3 - June 20, 2011
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.
6. TRUCE'S ROAD PUBLIC INFORMATION CENTRE AND FIRNER STREET
DITCHES
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.
7. ABANDONED CEMETERIES BOARD
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.
8. AUDIO RECORDING OF MEETINGS
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;
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.
Report #1 - 4 - June 20, 2011
9. TENDER CL2011-11, PAVEMENT REHABILITATION, VARIOUS LOCATIONS
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
10. MUNICIPALITY OF CLARINGTON -FINAL DRAFT STRATEGIC PLAN
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.
11. MORGAN'S ROAD COMMERCIAL FILL OPERATION ENVIRONMENTAL
REVIEW TRIBUNAL
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.
12. 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
Report #1 - 5 - June 20, 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;
g) THAT high sensitivity continuous monitoring of fine particulate matter and
organic matter be implemented as a fundamental condition of the
Certificate of Approval;
3. THAT the Council of the Municipality of Clarington hereby requests the Ministry
of Environment provide the Municipality with the draft Certificate of Approval -
Airfor 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.
Report #1 - 6 - June 20, 2011
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 Addendum Report PSD-052-11 be received for information;
6. 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
7. THAT all interested parties listed in Report PSD-052-11 and any delegations be
advised of Council's decision.
13. PRESENTATION OF JOHN PRESTA AND SUSAN SELF REGARDING THE CTC
SOURCE WATER PROTECTION PLAN UPDATE
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.
14. DELEGATION OF TED MESZAROS REGARDING THE MORGAN'S ROAD
COMMERCIAL FILL OPERATION
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.
15. DELEGATION OF RICHARD WARD REGARDING THE ONGOING PROPERTY
STANDARDS SITUATION AND REASONS
THAT the delegation of Richard Ward be received; and
THAT that Mr. Ward be advised of .previous actions taken.
16. PETITION REQUESTING BUS SERVICE TO NEWTONVILLE
THAT Mr. Wallace Boughton's petition requesting Durham Transit and GO Bus
service to Newtonville be referred to the Durham Region Transit, Metrolinx and
Staff.
Report #1 - 7 - June 20, 2011
17. MORGAN'S ROAD COMMERCIAL FILL OPERATION -REQUEST TO THE
GANARASKA REGION CONSERVATION AUTHORITY
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;
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.
18. ALLOWING EXOTIC ANIMALS TO ENTER CLARINGTON FOR EDUCATIONAL
PURPOSES
THAT Staff be requested to prepare a report regarding allowing exotic animals to
enter the Municipality for educational purposes.
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 13, 2011 Resolution #: By-law #:
Report #: PSD-054-11
File #: ZBA2011-0013
Subject: REZONING APPLICATION TO COMPLY WITH AN ONTARIO MUNICIPAL
BOARD DECISION
APPLICANT: VALLEYMORE LAND CORP.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-054-11 be received;
2. THAT provided there are no significant issues raised at the Public Meeting, 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 this Report be passed;
3. THAT a copy of this Report and Council's decisior be forwarded to the Region of
Durham Planning Department and the Municipal Property Assessment Corporation
(MPAC); and
4. THAT all interested parties listed in Report PSD-054-11 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 F (905)623-0830
REPORT NO.: PSD-054-11
PAGE 2
~/
Submitted bv'~ ~LC~/
David J. Crome, MCIP, RPP
Director of Planning Services
TW/CP/df
6 June 2011
Reviewed by:
F in u,
Chief Administrative Officer
REPORT NO.: PSD-054-11 PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Valleymore Land Corp.
1.2 Proposal: To rezone a portion of the subject lands to allow for the development
of six (6) residential lots previously approved by the Ontario
Municipal Board (OMB) while recognizing environmental features
and appropriate setbacks. The application will amend the zone
provisions of both Zoning By-law 84-63 and 2005-109.
1.3 Area: 17.94 ha (44.33 ac)
1.4 Location: 4170 Regional Road 9, Part Lot 15, Concession 7, former Township of
Clarke (see Attachment 1).
2.0 BACKGROUND
2.1 On April 29, 2011 Valleymore Land Corp. submitted an application to rezone the
hatched portion of the subject lands depicted on Attachment 1. The subject lands are
part of a larger draft approved and zoned plan of subdivision containing 14 lots (OMB
File No. S900131).
2.2 In 1988 a previous owner submitted applications to amend the Region of Durham
Official Plan (OPA88-107/D) and Zoning By-law 84-63 (DEV88-122) to permit the
development of fourteen estate residential lots. A plan of subdivision application
followed in 1990 (18T-90001). These applications were appealed to the OMB following
Regional approval in 1990. The OMB approved the Regional Official Plan amendment
application as well as the rezoning and plan of subdivision applications in June 1992.
2.3 The OMB decision amended Zoning By-law 84-63 zoning the property "Agricultural
Exception (A-45) Zone", "Environmental Protection Exception (EP-7) Zone" and
"Residential Estate Exception (RE-8) Zone" (see Attachment 2).
2.4 On June 6, 2005, Council approved the Oak Ridges Moraine Zoning By-law 2005-109
which incorporated the policies of the Oak Ridges Moraine Conservation Plan
(ORMCP). The ORMCP was established through legislation by the Province to guide
land use on the Oak Ridges Moraine. This Plan is an ecological plan, the main
objective of which is to protect the Moraine's environmental and hydrogeological
features.
2.5 Municipalities were required to incorporate the provisions of the ORMCP~into Municipal
planning documents, including Zoning By-laws. The Council approved Zoning By-law
2005-109 respecting the OMB decision recognizing an approved subdivision and
rezoning, as policies within the ORMCP permitted plans that had been approved prior to
its existence on November 15, 2001 to continue. The original OMB approval applied
the Environmental Protection Exception (EP-7) zone to a pond, environmentally
sensitive lands, an unclassified wetland, and a tributary of the Ganaraska River.
REPORT NO.: PSD-054-11 PAGE 4
2.6 The Ministry of Municipal Affairs and Housing approved Zoning By-law 2005-109 with
modifications on March 24, 2010. The province provided mapping identifying all features
to be identified as Environmental Protection as part of the conformity exercise in
implementing the ORM. A 30 metre buffer was applied to the tributary of the Ganaraska
River, a pond and an unclassified wetland located at the south end of the property. This
has resulted in the majority of the two lots at the south west end of the property being
zoned Environmental Protection. The new EP boundary does not leave enough area on
the lots outside of the Environmental Protection Zone to accommodate previously
approved single detached dwellings (see Attachment 3).
2.7 The boundary of the Oak Ridges Moraine as established by the ORMCP was based on
the contour of elevation 245.00 Canadian Geodetic Vertical Datum 1928 (GDVD28). All
lands above this elevation are considered to be within the ORM. This elevation contour
bisects the subjects lands and as a result. part of the draft approved subdivision is
subject to Zoning By-law 84-63, while the lands above the contour of elevation 245.00
are governed by Zoning By-law 2005-109.
2.8 Although the draft approved lots are zoned residentially in.both Zoning By-laws with the
same zone provisions, four lots containing the boundary between Zoning By-law 84-63
and Zoning By-law 2005-109, require an exemption to the provisions' of "Section 3.14
Multiple Zones on One Lot" contained in Zoning By-law 84-63. This provision treats the
boundary between Zoning By-laws as a tot Fine; requiring dwellings to have rear yard
set backs of 15 metres measured from the Zone boundary between the two by-laws.
Combined with the required 15 metre front and exterior side yard setbacks, there will
not be adequate area remaining to site a house on the affected lots (see Attachment 4).
2.9 In summary, the rezoning application is a technical amendment with two components:
1) To amend the provision in Zoning By-law 84-63 which requires a zone boundary to
be treated like a lot line for setback purposes; and
2) To adjust the limits of the Environmental Protection (EP) Zone for the lands subject
to Zoning By-law 2005-109 to match the OMB approval, including a 10 metre buffer
for the pond, unclassified wetland and tributary of the Ganaraska River.
2.10 A Phase 1 Environmental Site Assessment and Updated Hydrogeological Report has
been submitted in support of the related subdivision application 18T-90001 in an effort
to satisfy the approved conditions of draft approval issued by the OMB in 1992.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently undeveloped and contains wooded and wild grass
areas, a pond, an unclassified wetland, and is part of the headwaters of the Ganaraska
.River. There is a hydro corridor that spans the width of the property at its north end.
REPORT NO.: PSD-054-11
3.2 The surrounding uses are as follows:
North: Residential
South: Woodlands and Agricultural
East: Residential and Agricultural
West: Agricultural, Woodlands, and the Brimacombe Ski Hill
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
PAGE 5
Section 4.9 of the Provincial Policy Statement indicates that Provincial Plans, which
includes the Oak Ridges Moraine Conservation Act, 2001, take precedence over
policies in the Provincial Policy Statement to the extent of any conflict.
4.2 Oak Ridges Moraine Conservation Pfan
Section 7 of the ORMCP permits the use erection and location of a single dwelling if it
would have been permitted by the applicable zoning by-law on November 15, 2001,
providing it will not adversely affect the ecological integrity of the Plan Area.
Section 8 permits construction of a building or structure if the use erection, and location
were authorized by the approval of a Subdivision application that was commenced
before November 17, 2001.
Due to the original approvals of both the rezoning and plan of subdivision applications
by the OMB in 1992, this application conforms to the policies of the Oak Ridges Moraine
Conservation Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the property Major Open Space and
Natural Core Area within the Oak Ridges Moraine. Major Open Space Areas are
predominantly for conservation, and a full range of agricultural, agricultural-related and
secondary uses. Area municipal Official Plans may further distinguish between non-
agricultural uses which are compatible with the character of Major Open Space Areas.
Natural Core Areas have a high concentration of key natural heritage features,
hydrologically sensitive features and landform conservation areas.
5.2 Clarington Official Plan
The Clarington Official Plan designates the property Country Residential and
Environmental Protection Area. Lands designated Country Residential are for single
REPORT NO.: PSD-054-11
PAGE 6
detached residential dwellings. Subdivisions are not to exceed 20 lots in size and are to
be planned and designed to blend into the rural landscape.
Environmental Protection Areas recognize natural heritage features and their ecological
functions which are to be preserved and protected from the effects of human activity.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63
The subject lands are located within the "Residential Estate Exception (RE-8)",
"Environmental Protection Exception (EP-7)" and "Agricultural Exception (A-45) Zones.
The affected lots are located entirely within the "RE-8" portion of the property.
6.2 Zoning By-law 2005-109
For lands within the Oak Ridges Moraine, the subject lands are within the (RS1-1) Rural
Settlement One Exception and (EP) Environmental Protection Zone. The RS1-1 zone
in Zoning By-law 2005-109 duplicates the provisions of the RE-8 zone as approved by
the OMB.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 The Phase 1 Environmental Site Assessment determined that there was no evidence of
contamination on the subject property.
7.2 An Updated Hydrogeological Report prepared by Geo-Logic Inc. was prepared as an
update to the previous work carried out and approved as part of the OMB hearing in
1992. Additional work was conducted for verification purposes to determine if the
original conclusions remain valid. The purpose of this study was to identify the local
hydrogeology of the site, to evaluate potential impacts resulting from the development
and related construction and determine if the local aquifer, based upon drilled wells, can
support the proposed development.
The study determined that there is no connectivity between the shallow groundwater
(i.e. ponds, wetlands etc.) and the deeper drilled wells that will be required. It also
indicates that there is sufficient lot area to attenuate septic effluent with minimal risk of
impacts to proposed wells, neighbouring wells or adjacent wetlands or ponds. The
report concluded that provided the proposed private septic systems and wells are
constructed appropriately, there will be no contamination or significant reduction of the
level of groundwater as a result of the proposed development.
This report is currently being peer reviewed by the Region of Durham and will require
approval to fulfil the conditions of approval Draft Approved Plan of Subdivision 18T-
90001.
REPORT NO.: PSD-054-11 PAGE 7
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting notice was installed on the property.
8.2 Four residents contacted staff regarding the application. One inquiry was general in
nature while the others expressed the following concerns:
• Mrs. Weyrich immediately west of the subject property expressed concern about
contamination of her pond by the proposed septic systems; breaking of the dam for
her pond due to on site grading; and a reduction in well water. She also wanted to
ensure someone from the Municipality visited the site to observe the location of
various springs on the subject property.
Mr. and Mrs. Roughley to the west of the site submitted correspondence indicating
they are concerned that the springs that feed neighbouring wells would be negatively
impacted if proposed septic systems flowed into the springs. They questioned the
responsibility of the developer should their well be ruined. They also wondered if
additional lots could be created as a result of the application. In a follow up
conversation, Mrs. Roughley also expressed concern
that she wanted the views from her home protected and hoped that the homes
would be sited along the court.
• Mr. Reid attended a site visit with staff and indicated he was concerned about the
protection of environmentally sensitive lands.
9.0 AGENCY COMMENTS
9.1 The Ganaraska Region Conservation Authority has reviewed and given due
consideration to the proposal. With respect to matters under the jurisdiction and
mandate of the Ganaraska Region Conservation Authority, there is no objection to the
proposed amendment. With respect to the lands in question they noted the following:
• The subject lands are partially within the regulatory jurisdiction of the Ganaraska
Region Conservation Authority. A permit is required under the Development,
Interference with Wetlands, Alteration to Shorelines and Watercourses
Regulation (Ontario Reg. 168/06) prior to any construction or site alteration on
the regulated portions of the property.
• The subject lands are traversed by identified watercourses. A permit is required
from this Authority prior to the alteration of, or interference in any way with the
channel of an identified watercourse.
• The subject property is also located partially within the regional storm flood plain.
Both Provincial and Authority policies generally prohibit development in flood
plain areas.
REPORT NO.: PSD-054-11 PAGE 8
9.2 The Region of Durham advised that the subject lands are located within the "Major
Open Space Areas" of the "Oak Ridges Moraine Areas (ORM)" designations within the
Durham Region Official Plan (ROP). This application is for a technical amendment to
implement a 1992 Ontario Municipal Board approval (OMB file# S900131) which
established land use rights on the subject lands. Section 14.4.4 allows for the
continuation of uses that were legally in existence prior to the implementation of the Oak
Ridges Moraine policies of the ROP.
Items related to delegated Provincial Review Responsibilities have been dealt with
through the related subdivision file 18T-90001.
The Durham Region Health Department has no objection to the above mentioned
proposal.
Municipal services (watermains & sanitary sewers) are not available to the subject lands
nor does the Regional Works Department have any plans in it's Capital Budget to
extend said services to this area of the Municipality of Clarington at this time. The
application indicates that private water supply and private waste disposal systems are
being proposed. The developer will be required to acquire Regional Health Department
approval for these private systems.
The subject site fronts onto Regional Road 9, a Type "B" arterial roadway in the
Region's Official Plan. No additional road widening is required at this time. Access to
the subject site is proposed from the adjacent Carscadden Road, which is under the
jurisdiction of the Municipality of Clarington.
10.0 STAFF COMMENTS
10.1 Clarington Engineering Services has no objections with the proposed rezoning.
10.2 Resident Concerns:
Location of the Environmental Protection (EP) Zone
On June 1, 2011, staff from the Planning Services Department and the Ganaraska
Region Conservation Authority visited the site with local residents to discuss their
concerns with the proposal. It was apparent that clarification was needed in regards to
the intent of the application. There was concern that the proposal would move the
boundary of the Environmental Protection (EP) zone to a location within the
environmentally sensitive lands. Staff explained that the original zone boundary created
by the OMB was located around the perimeter of the pond, woodlot and unclassified
wetland. It was the intent of the OMB decision that a 10 meter buffer be added for
additional protection. The subject application does not propose to reduce the `EP' zone
boundary from that approved by the OMB.
Residents also expressed a belief that the ORMCP was implemented to protect the
lands on the Oak Ridges Moraine from development. Staff pointed out that the ORMCP
REPORT NO.: PSD-054-11
PAGE 9
contains policies which recognize previously approved plans, as it was not intended to
remove established property rights that were in existence as of November 15, 2001.
It should also be noted that.the applicant has submitted a tree preservation plan for the
related subdivision application which proposed to maintain a number of tree stands
outside of the proposed Environmental Protection (EP) zone.
Impacts on Groundwater Ponds and Wells
A common concern expressed was the potential for impact on wells and the possibility
of contamination from proposed septic systems. To address these concerns, the
applicants Hydrologist and Geotechnical Engineer provided a letter which indicates that
the proposed lots have a sufficient area to attenuate septic effluents with negligible risk
of impacts to existing and proposed wells, adjacent wetlands and ponds provided the
waste disposal systems are properly constructed. The letter also advises that three test
wells on site have been examined. Results from the test wells indicate that there is
enough ground water to maintain existing and proposed wells over the long term.
Requirements of the Ministry of the Environment have also been satisfied (see
Attachment 5).
The Region of Durham has a Regional Well Interference Policy. In the unlikely event
that development does have negative impacts on neighbouring wells, the developer
would be responsible for construction of a new well.
Mrs. Weyrich is concerned that the dam along the east end of her property which
supports an artificial pond could be compromised by the grading of the subdivision. The
grading plans submitted to fulfill the conditions of approval for plan of subdivision 18T-
90001 indicates that grading on site will be within the.vicinity of the footprint of the
proposed homes and the proposed cul-de-sac. There is no proposed grading along the
westerly property line adjacent to the pond.
Additional lots and Views
Additional lots are not proposed by the application. The plan of subdivision that was
approved contains fourteen lots and could not be modified without a new application. A
new plan of subdivision application would have to comply with the policies of the
ORMCP which would not permit additional lot creation within a Natural Core Area.
The grading plan for the proposed development indicates that proposed dwellings would
be located around the court. The dwellings location is regulated by the zone provisions.
Generally it appears that placement of the dwellings will be to the north and outside of
the direct westerly view of Mrs. Roughley's home.
10.3 The Official Plan designations are consistent with the 1992 OMB approval. The Official
Plan has been amended in accordance with the ORMCP and was approved by the
Ministry of Municipal Affairs and Housing on October 17, 2005. As the proposed
rezoning would comply with the Official Plan and policies are in place in the ORMCP to
recognize the 1992 OMB approval, it is appropriate to rezone the subject lands as
requested.
REPORT NO.: PSD-054-11
PAGE 10
Staff is proposing to adjust the Environmental Protection (EP) zone boundary from what
had been approved by the OMB to more accurately depict the text of the OMB decision,
specifing that the zone boundary provide a 10 metre buffer around the pond. The
previous boundary was drawn in a manner which did not encompass the entire pond
area at the south end of the property. It is likely that the mapping that was available in
1992 was not as refined as what is available today. The zone boundary proposed has
been adjusted in accordance with the text of the OMB decision. The increased
Environmental Protection (EP) zone should not impact the ability to site a house on the
lot which contains the pond.
10.4 The OMB decision for this development had determined that these lands were not on
the Moraine. As a result, staff had excluded the lands from Zoning By-law 2005-109
when completing the conformity exercise. In approving Zoning By-law 2005-109, the
Ministry modified the zoning on the subject lands to reflect the current limits which
caused the issue of zone boundaries bisecting some of the lots. This issue is a
technical matter as the zoning in both by-laws permits the residential use.
10.5 Taxes for the subject property are paid in full.
11.0 CONCLUSIONS
11.1 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law
regulations, and the public. In consideration of the comments contained in this report,
Staff respectfully recommends that the proposed Zoning By-law amendment contained
in Attachments 6 and 7 be passed by Council.
Staff Contact: Tracey Webster
Attachments:
Attachment 1 -Key Map
Attachment 2 -Zoning of the property contained in Zoning By-law 84-63
Attachment 3 -Zoning of the property contained in Zoning By-law 2005-109
Attachment 4 - 15 metre set backs on Lots 2, 3, 4 & 5
Attachment 5 -Resident Issues Letter prepared by Geo-logic
Attachment 6 -Zoning By-law Amendment for Zoning By-law 84-63
Attachment 7 -Zoning By-law Amendment for Zoning By-law 2005-109
List of interested parties to be advised of Council's decision:
Valleymore Land Corp.
George Smith Real Estate Law
Carole and Donald Roughley
Leanne Kealy
Ruth Weyrich
Robert Reid
Attachment 1
To Report PSD-054-11
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Attachment 5
To Report PSD-054-11
GEO-LOGIC INC.
347 Pido Road, Unit 29
Peterborough, Ontario K9J 6X7
Tel: (705) 749-3317
Fax: (705) 749-9248
www.geo-logic.ca
D.G. Biddle and Associates Limited
96 King Street. East
OSHAWA, Ontario
L1H 1B6
Attn: Mr. Bill Creamer
Senior Project Manager, Associate
May 25, 2011
Re: Rezoning Application ZBA2011-0013 Resident Issues Letter
Proposed Kirby Heights Subdivision
Our Project No.: G023145E1
Dear Mr. Creamer:
The following letter provides responses to issues raised by local residents located at 4140 Regional
Road 9 west of the proposed Kirby Heights subdivision. The issues involve contamination of a
pond by the proposed septic systems, breaking of the pond dam and reduction of well water. These
issues were provided to Geo-Logic Inc. (Geo-Logic) on May 12, 2011 via an email. The concerns
are outlined below followed by responses from Geo-Logic.
i) The Proposed Septic S sty ems
Most constituents in septic effluent are usually removed within a short distance of travel within
the soil matrix. The pond is located southeast of the resident's dwelling and will be on the order
of 50 m from the nearest lot's septic. However, mobile constituents such as nitrates require
sustained dilution to meet the drinking water standards of 10 mg/L N for nitrate. Any residual
nitrate in the septic effluent will be diluted if it reaches the pond without significant adverse
impact to the pond water quality. As part of Geo-Logics assessment all local wells and septic
systems were considered. It is Geo-Logic's opinion that there is sufficient area to attenuate
septic effluent with negligible risk of impacts to the proposed subdivision wells, neighbouring
wells or adjacent wetlands or ponds provided that the waste disposal systems are properly
constructed.
ii) The Pond/Dam
No significant changes are expected to the overland flow generated from impervious surfaces
from the proposed subdivision. Impervious surfaces are expected to increase overland flow by
less than 10 percent and stormwater runoff will generally be directed away from the pond area.
Geotechnical Engineering • Materials Testing • Building Science • Environment
Detroit ~ Waterloo ~ St. Catharines ~ Toronto ~ Durham Region ~ Peterborough ~ Pembroke ~ Kingston ~ Ottawa ~ Montreal ~ Halifax
Rezoning Application ZBA2011-0013 Resident Issues Letter Geo-Logic Inc.
Proposed Kirby Heights Subdivision
Region of Durham Project No. G023145E ]
iii) Local Well Water•
This area is within the regional physiographic area known as the Oak Ridges Moraine which is
known for having high groundwater yields of very good quality water, The wells within the
proposed subdivision will tap into the sand and gravel aquifer 20 to 25 metres below grade. The
pumping test conducted within the proposed subdivision site were completed at three (3) wells
including test well TW- l . The pumping rate at TW-1 was conducted at a yield of 68 L/min
(98,064 L per day} and the data indicates that this .well is capable of maintaining this rate over
the long term.
The average flow of water required by the 14 lots calculated according to the Ministry of the
Environment Protocol D-5-5 is 94,500 L/day, less than the yield from TW-1. In addition, the
relatively small drawdown observed at TW-1 during the test pumping indicates a negligible
response expected across the deep aquifer (i,e. no significant interference to neighbouring wells).
It is Geo-Logic's opinion that the overburden aquifer is capable of providing sufficient water for
the subdivision without significant interference to other wells. Details regarding the well at 4140
Regional Road 9 were not provided to Geo-Logic during the well survey or in response to the
letter that was dropped off at the house. However, based on the prolific aquifer and the location
of the well; it is our professional opinion that the well will not be impacted by the development.
We trust that these responses meet with your immediate requirement and allow for the final
acceptance of the study. Should you have aizy questions, please contact our office.
Yours Truly,
Geo-Logic Inc.
Geotechnical Engineers
And Hydrogeologists
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Robert Neck,. M.Eng.
Project Manager
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Nyle cIl e ng.
Sen~ r Engineer
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Attachment 6
To Report PSD-054-11
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2011-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2011-0013;
NOW THEREFORE BE IT RESOLVED THAT; the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By deleting Section 8.3.8 and replacing it as follows:
"8.3.8 RESIDENTIAL ESTATE EXCEPTION (RE-8) ZONE
Notwithstanding Sections 3.14 and 8.2, the lands zoned RE-8 on the Schedules
to this By-law shall be subject to the following regulations:
a) Lot Area (minimum) 0.8 hectares
b) Lot Frontage (minimum) 45 metres
c) Where this By-law limit divides a property, provided the use of that lot
conforms with the zone requirements, this By-law shall not be a zone limit
for defining lot area and yard setbacks.
2. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Attachment
To Report PSD-054-1'
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2011- .
being a By-law to amend By-law 2005-109, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2005-109, as amended, of the Corporation of the
Municipality of Clarington for ZBA 2011-0013;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "E15" to By-law 2005-109, as amended, is hereby further amended by
changing the zone designation from ""Environmental Protection (EP) Zone" to
Rural Settlement One Exception (RS1-1) Zone" as illustrated on the attached
Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this -day of 2011
BY-LAW read a second time this day of 2011
BY-LAW read a third time and finally passed this day of 2011
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2011-
,
passed this day of , 2011 A.D.
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® Zoning Change From "EP" To "RS1-1"
®Zoning To Remain "RS1-1"
Zoning To Remain "RE-8"
:; ~ Zoning To Remain "EP"
i',i~'; Zoning To Remain "EP-7
Zoning To Remain "A-45"
Adrian Foster, Mayor Path L. Barrie, Municipal Clerk
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SUMMARY OF BY-LAWS
June 20, 2011
BY-LAWS
2011-064 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Valleymore Land Corporation) (Item #1 of Unfinished Business)
2011-065 Being a by-law to amend By-law 2005-109, the Comprehensive
Zoning By-law for the Corporation of the former Town of Newcastle
(Valleymore Land Corporation) (Item #1 of Unfinished Business)
Leading the Way M M
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: Patti L. Barrie, Municipal Clerk
Date: June 17, 2011
Subject: COUNCIL AGENDA — JUNE 20, 2011
Please be advised of the following regarding Monday's meeting:
DELEGATIONS
See final list of Delegations attached.
STAFF REPORTS(S)
I . Attached please find Report LGL -007 -11 - Update - 4148 Regional Highway 2,
Newcastle - MOE Director's Order under the Environmental Protection Act -
Appeal to the Environmental Review Tribunal as listed in the June 20th Council
Agenda.
Patti L. Barre MO
Municipal Clerk
PLBIcf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 F 905. 623 -6506
FINAL LIST OF DELEGATIONS
June 20, 2011
a) Beth Meszaros — Delegation of Ted Meszaros regarding the Morgan's
Road Commercial Fill Operation and Request to the Ganaraska
Region Conservation Authority (Items #14 and #17 of Report #1)
b) Sherry Ibbotson -- Morgan's Road Commercial Fill Operation —
Request to the Ganaraska Region Conservation Authority (Item #17
of Report #1)
C) Jennifer Thomas -Dobbs - Report PSD - 054.11 - Rezoning Application
to Comply with an Ontario Municipal Board Decision (Valleymore
Land Corporation) (Item #1 of Unfinished Business)
d) Hannu Halminen, President, Valleymore Land Corp. - Report PSD -
05441 - Rezoning Application to Comply with an Ontario Municipal
Board Decision (Valleymore land Corporation) (Item #1 of Unfinished
Business)
e) Pam Callus — Report PSD - 052 -11 - Durham -York Energy From
Waste Project Clarington Comments on Certificate of Approval
Application (Air) (Item #12 of Report #1)
f) Ruth Weyrich - Report PSD -054 -11 - Rezoning Application to Comply
with an Ontario Municipal Board Decision (Valleymore Land
Corporation) (Item #1 of Unfinished Business)
g) Victoria Sautner - Morgan's Road Commercial Fill Operation —
Request to the Ganaraska Region Conservation Authority (Item #17
of Report #1)
h) Debra Jefferson - Report PSD - 052 -11 - Durham -York Energy From
Waste Project Clarington Comments on Certificate of Approval
Application (Air) (Item #12 of Report #1)
i) Deb Weyrich -Cody - Report PSD - 054.11 - Rezoning Application to
Comply with an Ontario Municipal Board Decision (Valleymore Land
Corporation) (Item #1 of Unfinished Business)
•
Leading lFte 1�'ay
Meeting; COUNCIL
Date: June 20, 2011
Report #: LGL -007 -11
MUNICIPAL SOLICITOR
Resolution #:
File #: L2030 -05 -11
By -law #: NIA
Subject: Update - 4148 Regional Highway 2, Newcastle
MOE Director's Order under the Environmental Protection Act
Appeal to the Environmental Review Tribunal
RECOMMENDATIONS:
It is respectfully recommended:
1. THAT Report LGL -007 -11 be received for information;
2. THAT the Municipal Solicitor be directed to attend the Environmental Review Tribunal
preliminary hearing on July 13, 2011 and main Dearing of the appeal of MOE Director's
Order #333- 8FN29D -1 to observe the proceedings and report back to Council; and
3. THAT a copy of this Report be forwarded to the Ministry of the Environment, John R.
O'Toole MPP, Ganaraska Region Conservation Authority, Ted and Beth Meszaros,
Sherry Ibbotson, Donna Middleton, Carmela Marshall and 1744856 Ontario Inc.
Submitted by: Reviewed by:
Andrew C. Allison, B. Comm., LL.B. Franklin Wu
Municipal Solicitor Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (9U5)623 -Uf2U
REPORT NO.: LGL- 007 -11
1.0 PURPOSE
PAGE 2
1.1 At its meeting on June 13, 2011, the General Purpose and Administration Committee
passed the following resolution (Resolution #GPA -438 -11):
"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."
Section 2.0 of this Report responds to this resolution.
1.2 At its meeting on May 30, 2011, the General Purpose and Administration and
Committee passed the following resolution (Resolution #GPA -411 -11):
"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."
Section 3.0 of this Report responds to this resolution.
1.3 At the June 13, 2011 General Purpose and Administration Committee meeting, staff
were directed to provide regular updates to residents and Members of Council
regarding any significant developments at the property or commercial fill activities
generally. Section 4.0 of this Report will therefore provide updates on (a) the Scugog
court case; (b) the new GRCA permit application respecting the property; and (c) staff
discussions with representatives of the owner of the property regarding a Morgans
Road Agreement.
2.0 ENVIRONMENTAL REVIEW TRIBUNAL
2.1 A Director's Order under section 157.3(5) of the Environmental Protection Act was
issued April 15, 2011 (the "Order "). A copy of the Order is attached to this Report
(Attachment No. 1).
2.2 As noted in Report LGL - 006 -11, 1744856 Ontario Inc. and Richard Rondeau filed an
appeal of the Order with the Environmental Review Tribunal. A copy of the appeal
letter dated April 29, 2011 is attached to this Report (Attachment No. 2).
2.3 On June 1, 2011, the Municipality received notice from the Environmental Review
Tribunal ( "ERT ") that a preliminary hearing for the appeal is scheduled to take place on
July 13, 2011. Amongst other matters, the purpose of the preliminary hearing will be
to determine (a) which individuals or groups wish to participate in the main hearing; (b)
the nature and extent of their participation; and (c) the issues that need to be
addressed at the main hearing. A copy of the Notice dated May 31, 2011 is attached to
this Report (Attachment No. 3).
REPORT NO.: LGL.- 007 -11
PAGE 3
2.4 The Notice describes the four ways in which an interested party can participate in an
Environmental Review Tribunal hearing, They are as follows:
1, Attend and observe the proceedings;
2. Presenter;
3. Participant; and
4. Party.
2.5 A succinct description of what is expected of a presenter, a participant and a party is
set out in the Notice. Essentially, a party is (or can be) represented by legal counsel
and is expected to participate fully'in all aspects of the hearing by calling professional
opinion evidence and making submissions .in support of its position on the issues under
appeal. Presenters and. participants give evidence and can be cross - examined by
parties (or their counsel).
2.6 At the risk of oversimplifying the issues described in the appeal letter, they all relate to
on -site impacts (e.g. soil testing and groundwater monitoring). The owner has not
raised any issues in the appeal letter respecting the specific items of the Order that
address off -site impacts. -
2.7 Municipal staff have not been involved in any discussions with the owner of the
property regarding on -site impacts for two main reasons. First, as stated in Report
LGL -006 -11, the Municipality does not have jurisdiction over such matters. The
jurisdiction to regulate on -site activity at the property rests with the Ministry of the
Environment under the Environmental Protection Act and GRCA under the
Conservation Authorities Act and O. Reg, 168106 (Ganaraska Region Conservation
Authority: Regulation of Development, Interference with Wetlands, Alteration to
Shorelines and Watercourses) passed under that Act. Second, the Municipality does
not have the in -house expertise that is necessary to deal with the on -site issues
addressed in the Order.
2.8 The extent of GRCA's jurisdiction to regulate the fill activity at the property is not a
matter for the ERT to determine. Any issues respecting a GRCA permit must be
determined through an appeal to the Ontario Mining and Lands Commissioner.
2.9 The ERT hearing will not deal with commercial fill operations generally. It will be a
hearing to determine what is necessary or advisable (a) to prevent or reduce the risk of
a discharge of a contaminant into the natural environment from this property; or (b) to
prevent, decrease or eliminate an adverse effect that may result from the presence or
discharge of a contaminant on this property. These are matters that the Municipality
does not have the expertise to address. The Ministry of the Environment has expertise
on staff to deal with these issues.
2.10 It is therefore recommended that the Municipal Solicitor be directed to attend the
preliminary hearing and the main hearing, if there is one, to observe the proceedings
and report back to Council. The Director of Engineering Services, Acting Director of
REPORT NO.. LGL- 007 -11
PAGE 4
Planning Services, Municipal Clerk, Director of Emergency & Fire Services, and
Director of Operations concur with this recommendation.
3.0 INTERIM CONTROL BY -LAW
3.1 The Planning Act allows municipalities to pass interim control by -laws where the
council has directed that a review or study be undertaken in respect of land use
planning policies in the municipality or in a defined study area. An interim control by-
law may be in effect for up to one year from the date of the passing to prohibit the use
of land, buildings or structures within the municipality or within the defined study area,
except for such uses as are set out in the by -law.
3.2 While an interim control by -law would prohibit a new use not otherwise permitted by the
interim control by -law from commencing, an interim control by -law does not prohibit
uses that are legally in existence prior to the passage of the by -law from continuing
while the interim control by -law is in effect.
3.3 The Planning Act allows a municipality to pass a zoning by -law to prohibit the use of
land. The Morgans Road property is currently zoned "Environmental Protection (EP)"
and "General Agricultural (A) ". A commercial fill operation is not identified as a
permitted use, or defined as a use in the Zoning By -law 84 -63. However, the
Municipality has never taken the position that commercial fill is not a permitted land
use. Rather the Municipality has historically relied on permits required for areas
regulated by the conservation authorities or permits required under the Municipality's
Site Alteration By -law to regulate such use.
3.4 If an interim control by -law is to be passed, the Municipality would be required to
undertake a study or review in respect of land use planning policies. This study would
likely be a review of where commercial fill operations could be permitted in the
Municipality, and on what basis and conditions. The interim control by -law and study
could prohibit new commercial fill operations. However, such a study would reinforce
the fact that the Municipality does not currently have a policy prohibiting such a use. 11
would not preclude the existing fill operation from continuing, from a zoning
perspective, while the interim control by -law is in place.
3.5 It is therefore not recommend that an interim control by -law be used in an effort to
regulate the existing fill operation at the property. The Acting Director of Planning
Services concurs with this recommendation.
REPORT NO.: LGL -007 -11
4.0 UPDATES
Scugog's Court Case
4.1 As reported in Report LGL -006 -11, the Divisional Court ruled as follows:
PAGE 5
(a) Earthworx Industries "is not engaged in the activity of aeronautics at this time;
rather it is operating a commercial landfill site" and that such landfill activity "is
subject to valid provincial and Township regulation ".
(b) Even if conclusion (a) was wrong (i.e. that Earthworx Industries was engaged in
an aeronautical activity), "the doctrine of interjurisdictional immunity does not
prevent the application of the fill by- laws ".
(c) Earthworx Industries' judicial review application should not deal with Building
Code orders because there is another statutory appeal mechanism (section 25
of the Building Code Act) for those orders.
4.2 Earthworx Industries has appealed the decision of the Divisional Court.
GRCA Permit
4.3 As reported in Report LGL -006 -11, the permit issued by GRCA under Ontario
Regulation 168/06 will expire on June 30, 2011 and as a result the owner has applied
for a new permit.
4.4 GRCA staff have advised the owner that more information is needed to process the
current permit application and accordingly there will not be a staff report dealing with
the application at the June 23, 2011 GRCA Board meeting.
Discussions with the Owner
4.5 As reported in Report LGL -006 -11, staff are in discussions with the owner respecting
some of the off -site impacts associated with the operations at the property. The
discussions have been constructive; but there is not yet an agreement on all issues.
Attached to this Report is a copy of a letter from the owner's solicitor commenting on
some of the things that have been discussed. At my request, the letter also provides a
summary of the documentation filed by the owner's consultant (Decommissioning
Services Limited) with the Ministry of the Environment in response to the Director's
Order.
Attachment 1: Director's Order dated April 15, 2011
Attachment 2: Appeal letter dated April 29, 2011
Attachment 3: Notice from the Environmental Review Tribunal dated May 31, 2011
Attachment 4: Letter from Aird & Berlis dated June 15, 2011
.L
.l
Ontario
Director's Order
Section IV.3 Environmental Protection Act, R.S.O. 1990
Section IGA Ontario Water Rosources Act, R.S.O.1990
Seollon 26.3 Pastiotdes Aot, R.S.o. 190D
Sate Drinking Water Act, 9.0.2002, c.32 (SDWA)
Section 32 Nutrient Management Act, 2002, S.O.2002
To: 1744856 Ontario Inc.
96 Cawker's Cove Rd Port Perry
Scugog, Ontario, L91, IR6
Canada
Richard Rondeau
96 Cawker's Cove Rd Port Perry
Scugog, Ontario, 1,9L IR6
Canada
Site: 4148 Regional Highway #2 RR #8, Newcastle
Clarington, Regional Municipality of Durham
ATTACHMENT NO, 1 TO
REPORT LGL- 007 -11
Ministry of the Environment
Ministbre de I'Environnement
Order Number
3333- BFN28D -1
Incident Report No.
5573- 8FMH37
Pursuant to my authority under EPA Section 157.3(5),1 order you to do Lbe following,
Response to Request
I have reviewed the request for review and stay dated April 13, 2011 and clarified on April 14,
2011 from legal counsel for the parties ordered, namely 1744856 Ontario Inc. and to Richard
Rondeau (the "Review Request "). The Review Request related to the Provincial Officer's Order
Number 3333- 8PN29D ( "Order ") issued by Provincial Officer Steve Elford on April 6, 2011.
The Order is a preventative measures order issued pursuant to subsection 157.1 (1) of the
Environmental Protection Act , R.S.O. 1990, c. E. 19 (EPA).
The Review Request asks that the Director, review all of the Items of the Order, and revoke the
Order, or alternatively amend it in accordance with some proposed modifications. I am issuing
this Directors order as the acting District Manager in the absence of Dave Pumerton, to whom
the Review Request was originally addressed. In addition to reviewing the Review Request, I
have reviewed the Order including the reasons for the Order. I have also discussed the Order
with the issuing officer, Dave Eumerton and legal counsel for the Ministry.
I shall respond to each of the key points.raised in the Review Request below in the "Reasons for
Response" portion of this Director's Order.
Page 1 - DUMBER 3333- BFN29D
Clause (b) of subsection 157.3(5) of the EPA provides that the Director may, by order, revoke,
confirm or alter an order of a provincial officer. Subsection 157.x(6) provides that for the
purposes of subsection 157.3(5) the Director may substitute his or her own opinion for that of
the provincial officer.
I have decided that the Order should not be revoked, I have agreed with a number of the
wording amendments and a date change suggested in the Review Request. Because this
Director's order is being issued today, there addition e onside Order.. I am also of the
opinion that a communication plan would be a beneficial
For convenience and ease of reference, I hereby set out my Director's Order, in its entirety, and
use, by means of capitalization, the defined terms set out in the Provincial Officer`s Report or in
this order
York Ordered Compliance Date 2011/04115
item No. 1 ;y Y17Fa M DD)
After April 15, 2011 at 07 )0 hours, cease accepting any material at the Site that originates
from any source, other than Pier 27 or the soil reconditioning facility located at Toy Avenue,
Pickering, until:
a} One or more Qualified Person(s) has/have No. 1089 and this Di�tor`s the
order and there has been
conditions 1, 5 and 6 of the GRCA Permit di name, contact
submitted to the undersigned Director written documentation confirming e
information and qualifications of the retained Qualified Person(s).
b) There is put in place a procedure whereby the Qualified Person(s) has f have reviewed
for each
available written documentation h source and that here is documentation that
supporting that
being received is acceptable for use at the Site a
there criteria. re appropriate soil management activities source. e Bets Table 2 The written
to the Site to ensure the material being delivered to the S
documentation and written confirmation shall be available at the Site, for review by a Provincial
Officer.
c) There is an on -site, independent Qualified Person(s), or an independent inspector instructed by
the Qualified Person(s) and reporting thereto, to confirm in writing that the material being
received is acceptable for use at the Site. The written c� documentation
0ff officer. The Qua fled Person(o the
shall be available at the Site for review by a
independent inspector shall be responsible
monitoring all vehicle activities at the Site, depositing material at the Site, details
including documenting the vehicle identity for all
of the approved source of the material, and the date, time. and location where, material was
deposited and 1 or managed.
d) There is put in place, a procedure that is acceptable is separate, e rareaseandimanaged at the Site
source site material can be segregated and deposited
Page 2 - NUMBER 3333- 8FN29D
in conjunction with the confirmatory audit sampling procedures set out below.
e) There is put in place, a procedure whereby the Qualified Person(s), or an independent
inspector reporting thereto, shall collect weekly audit soil samples from trucks that represent each
source site that has been accepted to ship soil to the Site. These soil samples shall be analysed for
metals, soluble, chlorides; volatile organic compounds, petroleum hydrocarbons, and benzene,
toluene, ethylbenzene, xylenes and semi- volatile organic compounds. Copies of these analysis
results shall be maintained on the Site and be made available to Ministry staff upon request. If
any audit sample results indicate levels above Table 2 criteria, the undersigned Director shall be
notified within 24 hours and advised of the action(s) being taken and by when the soils above
Table 2 will be removed from the Site.
The provisions of subparagraphs (d) and (e) shall apply, after April 15, 2011, to all materials
received at the Site including the Pier 27 and Toy Avenue materials.
The foregoing provisions have no expiration time periods indicated, and shall continue in full
force and effect, until such time as a Director revolves or alters the requirements. The Site owner
and the Permit holder may, at any time, submit to the Director, an application, based on a
recommendation from the Qualified Person, for a revocation or alteration of the provisions. The
Director shall alter this order following receipt of such an application, even where the Director
may not approve or accept the submission made in order to provide for a right of appeal of such a
decision.
Item No. 2 Compliance Date 2011/05109
(vvvvnAtbDD)
By 16:00 hours on May 9, 2011, submit to the undersigned Director, a copy of a report from the
Qualified Person(s) regarding the nature and sources of the material that has already been
deposited at the Site prior to the date of the report. This report shall also include a description of
any business relationships between the parties involved at the source sites, the excavation and
trucking activities, and all the parties involved at the Site including, where corporations are
involved, any business relationships with their officers, directors, and shareholders.
Item Igo. 3 Compliance Date 2011/05/09
(YYYY114 6107)
By 16.00 hours on May 9, 2011, submit to the undersigned Director one or more reports on any
environmental site assessment and soil work done at the Site, and, a plan prepared by the
Qualified Person(s), for additional environmental site assessment(s) and the date for completion
of those assessment(s). The additional environmental site assessment(s) will include, at a
rwnimum:
(a) a site soil and fill characterization program including test pitting and boreholes as appropriate
to determine the concentration, and vertical and horizontal extent of any contaminant in the fill
received at the Site and, if determined by the Qualified Person to be necessary, a program to
assess underlying native soils, and
Page a - NUMSPI13333- SFN20D
(b) a groundwater monitoring program including intrusive investigations to characterize the
depth to groundwater, groundwater flow direction, a groundwater sampling program and a survey
of on -Site and off -Site groundwater uses and/or the relation to surface water features for all
groundwater aquifers at the Site that may be impacted by activities at the Site.
Item No. 4 Compliance pate 2011/04/15
(YYYY4AWf)D)
By 16 :00 hours on April 15, 2011, submit to the undersigned Director, the following:
(a) a report confirn-ting appropriate security measures at the Site and ensure the treasures
continue to be implemented, and
(b) written confirmation of procedures and legal requirements in place relating to managing any
noise and dust from activities at the Site and truck traffic to and from the Site and ensure these
procedures continue to be implemented and legal requirements followed.
Item No. 5 Compliance Date 2011/04/29
(YYYY110WOD)
By 16 :00 hours on April 29, 2011, submit to the undersigned Director a communications plan
with timelines for implementation, in order to advise all interested parties, concerning the
activities being undertaken at the Site in relation to this order.
REQUEST FOR HEARING
You may require a hearing before.the Rnvirontnental Review Tribunal if, within 15 days of service of this order, you
serve written notice of your appeal on the Environmental Review Tribunal and the Director. Your notice must state
the portions of the order for which a hearing is required and the grounds on which you intend to rely at the hearing.
Except by leave of the Environmental Review Tribunal, you are not entitled to appeal a portion of the order or to
rely on grounds of appeal that are not stated in the notice requiring the hearing. Unless stayed by the Environmental
Review Tribunal, the order is effective from the date of service.
Written notice requiring a hearing must be served personally or by mail upon:
The Secretary and Director
Environmental Review Tribunal Ministry of the Environment
655 Bay Street, 15th Floor 5th Floor
Toronto ON 230 Westney Rd S
M5G IE5 Ajax ON L1S 735
Fax: (905)427 -5602
Where service is made by mail, the service shall be deemed to be made on the fifth day after the date of mailing and
the tithe for requiring a hearing is not extended by choosing service by mail.
FOR YOUR INFORMATION
The procedures to request a hearing and other information provided abbve are intended as a guide. The legislation
should be consulted for additional details and accurate reference.
Reasons for Response
Richard Rondeau:
Page 4 - NUMBER 3333- 8FN29D
I disagree that there is "no basis for inclusion of Richard Rondeau in the Order ". As indicated in
the Provincial Officer's Report, Mr. Rondeau personally applied for, and was issued, the GRCA
permit No. 1089. Consequently, I am of the opinion that Mr. Rondeau is a person responsible
for managing or controlling the Site, and is therefore an appropriate person against whom a
preventative measures order should be issued.
Site Ownership and Description;
As noted in the April 14, 2011 clarification letter, 1744856 Ontario Inc. is the owner of the Site.
It should be noted that the municipal address for the Site was incorrectly stated in the Order as
"2513 Morgans Road, Newcastle, Clarington, Regional Municipality of Durham ". Clarington
has advised that there is no Morgans Road address for the Site, but that the municipal assessment
records describe the Site's address as 4148 Regional Highway 2, R.R. #8, Newcastle. The legal
description of t h e Site is "PT L T 16 CON 2 CLARKE AS IN D463967 EXCEPT PT 1 1082193;
SIT N9921; CLARINGTON (PIN 26668 -0065 (LT)). I have amended the Site address above
accordingly.
I have also noted that the "property plan" and the " final grading plan" that were attached to the
Order as part of the GRCA permit material indicate that the Site is generally in the shape of a
rectangle. The land registry office records indicate that, in fact, a portion of the rectangle
adjacent to Morgans Road, beginning just to the north of the vehicle roadway onto Morgans
Road, to just below the "proposed fill area ", is owned by the Crown (Ontario Ministry of
Transportation). The owner of the Site is claiming rights over this property (including, in
particular, the right to access and use the roadway) and leas been in discussion with Crown legal
counsel concerning this property. I understand that there has been, and will be, no deposit or
stockpiling of hill on this parcel of land.
Basis for the Order;
I am of the opinion that the Order and this Director's order are necessary and appropriate in these
circumstances.` I agree that 1744856 Ontario Inc. has indicated a level of cooperation in dealing
with this matter. However, given the broad public interest in this Site and in filling operations,
generally, I believe it is important to have the Ministry issue a control document which outlines,
formally, its expectations and requirements. The Order is the appropriate document to do so and
also provides appeal procedures, if necessary. It is important to recognize that the Order is not a
contravention order; but rather a preventative measures order. The Ministry has not been
provided with sufficient information required at this time to properly assess the environmental
status of the Site. Furthermore, although GRCA and Clarington are involved, as indicated in the
Order, there arc jurisdictional limitations. The involvement of the Ministry and the issuance of
the Order and this Director's order supplement their requirements and provide for an
improvement in the understanding of the Site and its operations.
I do not agree with all of the Review Request background and factual information.
Although the meeting on Monday, April 11, 2ol1 was the first opportunity for Mr. Shawn
Page 5. NUMBER 3333- 8FN29D
Rondeau, the son of Richard Rondeau, to discuss the matter with Ministry staff, Provincial
Officer Steve Elford did attend at the Site on Monday, March 2, 2011 and spoke with Mr. Jody
Churchill who was managing the Site operations and was well aware of the Ministry's concerns,
Previous to that, the Ministry's concerns are reflected, in a general way, in the GRCA Permit No.
1089.
Clarington counsel has advised me that the statement made on Page 3 of the Review Request,
"Prior to accepting any fill at the site, our client was advised by Clarington that a permit was not
required to accept fill." is not completely correct. The advice provided by the Clarington official
was that no permit was required from Clarington because the Site was being regulated by the
GRCA gnd a permit would be required from them.
I do not agree "there is no evidence of an adverse effect or the potential for an adverse effect
from fill deposited on -site under the terms of the Permit ... there is no basis for an Order ".
The sample taken by the Ministry in April 2010, which showed a minor exceedance of Table 2,
was taken to assist the GRCA. GRCA did issue their control document, Permit No. 1089, which
did deal specifically with requirements regarding the area of the Site which was sampled (see
Condition 5 on the Permit). No further sampling, however, was conducted by either the Permit
holder or the Site owner, to confirm that the balance of the material, which had been deposited at
the Site, and has since been relocated, did, in fact, meet the requirements of Permit Condition 5.
Although the Site owner did receive some sample results from its engineering consultant, who in
turn was relying on information received from the Pier 27 consultant, I have concerns regarding
this information. The amount of the sampling was not sufficient and how the sample
information relates to the material that was, in fact, deposited at the Site is not clear. As
indicated in the Review Request, the report being submitted to satisfy Work Ordered Item No. 2
regarding the nature and sources of the material deposited at the Site will provide further
information in this regard. If is important to note that I now understand filling occurred at the
Site in March 2010 (from Toy Avenue, before the Permit), in September 2010 (fzom
Bowmanville) and then in March 2011 (from Pier 27 and Toy Avenue), and that, in all cases, the
GRCA was not provided with the sample results from these source sites prior to the filling
activities taking place. If the new soil analysis reports being submitted by the Qualified Person
indicate specific exceedances of Table 2 criteria, appropriate actions will be required to be. taken.
In summary, a basis for the Ministrys concern is a lack of appropriate information regarding the
source sites` material and the public concern regarding potential impact to private drinking water
wells.
I believe the requirements of this Director's order are necessary or advisable so as, as stated in
Section 157.1 of the EPA:
" (a) to prevent or reduce the risk of a discharge of a contanrinant into the natural environment
from the undertaking or project, or
(b) to prevent, decrease or eliminate an adverse effect that may result from
PAge 6 - NUMBER 3333- BFN29D
(i) the discharge of a contaminant from the undertaking, or
(ii) the property." presence or discharge of a contaminant in, on or under the
Work Ordered Items:
The following specifically comments on the Work Ordered Items:
I have required the submission of materials to myself, instead of "the undersigned Provincial
Officer" in the various sections where, this was noted in the Order and the Review Request
proposed amendments. Since I am issuing this Director's Order, it is appropriate to have the
submissions sent directly to me.
Item No. 1:
I have agreed with a number of the proposed amendments in Item No. 1. The following sets out
the reasons for the key areas involved:
I have received on April 14, 2011, information required by item No. 1 (a) of the Order,
confirming that Decomissioning Consulting Services Limited has been retained as the Qualified
Person for the purposes of the Order.
The Ministry does not require the Site to cease accepting material from bier 27 and / or the soil
reconditioning facility at Toy Avenue, Pickering, as the Qualified Person will be, as of April 15,
2011, supervising the on -site soil management activities and providing a report by May 9, 2011
to me regarding these source sites.
Although I have agreed to the wording changes in sub- paragraphs (a) and (b) of Item No. 1, I see
the role of the Qualified Person as being critical "to ensure the material being delivered to the
Site meets Table 2 criteria."
I have agreed in sub - paragraph (c) of Item No. 1 to add "an independent inspector instructed by
the Qualified Person and reporting thereto ". I have not, however, agreed to any two -week time,
period limitation for this requirement, as requested. 'Until the May 9, 2011 report is submitted
by the Qualified Person, such a decision cannot be made. `Ibis independent audit requirement is
a requirement at other fill site operations where the Ministry is involved in York Durham
District.
I have, however, provided provisions that address a possible revocation ox alteration of the Item
No. 1 requirements. This addition will also provide appeal rights if the Site owner and / or
Pern-dt holder and the Qualified Person do not agree with a decision by the, irector made in the
future. This provision is often insDrted in orde s or certificates of property use to address these
time limitation concerns.
Item No. 2:
Page 7 - NUMBER 3333- 8FN29D
I have agreed to change the compliance date for the submission of the nature and sources of fill
report from April 29, 2011 to May 9, 2011 to allow the Qualified Person time to complete an
appropriate detailed report for our review.
Item No. 3:
I have also agreed to change the compliance date for the submission of any environmental site
assessment reviews. It is my view that a groundwater monitoring program is particularly
important at this Site to understand the groundwater flow regime in the area wherein the
community relies on groundwater as the source of drinking water, and any possible adverse
impacts, either off site or moving within the Site, or as has been suggested, possibly moving
onto the Site from a nearby former landfilling operation,
Items No. 4 and No. 5;
Items No. 4 and No. 5 of the Order have been merged into my Director's Order Item No. 4, as
they both have the same compliance date.
I understand that there are security measures currently in place for the Site, and therefore have
amended the requirement to submit a report, rather than a plan.
I have added "legal requirements" to the procedures in place with respect to the report on the
management of noise and dust from activities at the Site and truck traffic to and from the Site. I
understand that Clarington will be dealing with these matters in further detail at a later date.
New Item No. 5:
I have added a new provision requiring a the submission of a proposed communication plan in
order that the activities being undertaken at the Site can be properly conveyed by the Site owner
and Permit holder to all interested parties. Measures that I have seen being used effectively
elsewhere to provide proactive and open information include newsletters, websites, open houses
and meetings and presentations. I will review the submitted plan and provide comments thereon
and the next steps.
Attachments
This Notice constitutes part of Order Number 3333- 8FN29D, issued on 06104/2011.
Issued at Ajax this 15th day of April, 2011.
Page 8 - NUMBER 3333- 8FN28D
Sandra Thomas
York Durham District Office
Page 9 - NUMBER 3333.6FN29b
AIRD& BERM
Barristers and Solicitors
Patricia A. Foran
Direct: 416.865.3425
E-mail. pforan@alydbed s.com
April 29, 2011
DELIVERED
Environmental Review Tribunal
655 Bay Street, I e Floor
Toronto, ON M5G 1 E5
Attention. The Secretary
Dear Secretary:
ATTACHMENT NO. 2 TO
REPORT LGL- 007 -11
1-11 1 REVIE .1 I t 18UNAL
APR 2 9 2011
TRIBUNAL SECRETARY'S
OFFICE
Our File No. 108778
Re: Notice of Appeal under the Environmental Protection Act, section 440
1744856 Ontario Inc. and Richard Rondeau
Director's Order Number 3333 - 8FN29D -1 dated April 16, 2011
We are counsel to 1744856 Ontario Inc. (the "Company ") and Richard Rondeau (together,
the "Appellants "). Our clients are appealing the Director's Order dated April 15, 2011
issued by Sandra Thomas, Acting Director ( "Director") made under Section 157.3(5) of the
Environmental Protection Act (hereinafter referred to as the "Director's Order"). A copy of
the Director's Order is included at Tab 1. The director's Order responds to a request by
the Appellants for a revocation and review of the Provincial Officer's Order #3333 - 8FN29D
dated April 6, 2011 (the "Original Order") (included at Tab 2) in relation to property owned
by the Company at 4148 Regional Highway #2 RR #8, Newcastle, Clarington, Regional
Municipality of Durham.
The Company operates a legal fill operation at the subject lands, In accordance with
Permit #1089 obtained from the Ganaraska Region Conservation Authority ( "GRCA ")
dated ,rune 30, 2010. The GRCA has jurisdiction to issue permits to accept fill and alter
grades in relation to the subject land. Neither the Original Order of April 6, 2011 nor the
Director's Order of April 15, 2011 suggest that MOE disputes the GRCA's jurisdiction to
have Issued Permit #1089 or to oversee the operation of a fill operation at the subject site.
The background to this appeal Is set out In the request for revocation and review (the
"Review Request ") dated April 13, 2011 made to the Director-.and found at Tab 3. It is the
Appellants' submission that there are factual errors in both the Original Order and the
Director's Order, which are enumerated in the Review Request, and further outlined
below.
Rellef Requested
Our clients specifically request this Tribunal to conduct a hearing into this matter and
make an Order to:
Brookfield Place, 181 Day Street, Suite 1800, Box 754 - Toronto, ON • M5J 2T9 • Canada
T 415.863.1500 F 416.8 63.151 S
www.airdberlis.com
n 1 April 29, 2011
Page 2
a) revoke or amend as requested the Director's Order dated April 15, 2011 refusing
to revoke or amend the Provincial Officer's Order dated April 6, 2011, as
requested by our clients; and,
b) permit the Company to provide additional information, as necessary, in support of
this appeal.
Contact information
The contact information of Richard Rondeau and the Company and Aird & Berlis LLP (the
"Appellants' Representative') is provided below. All correspondence in this matter should
be directed to the Appellants' Representative and should be in English.
The Appellants at:
1744856 Ontario Inc.
96 Cawker's Cove Rd
Port Perry, ON 1-91- 1 R6
Attention: Shawn Rondeau
Richard Rondeau
96 Cawker's Cove Rd
Port Perry, ON 1-91- 1 R6
and the Appellants' Representative at:
Aird & Berlls LLP
Barristers and Solicitors
Brookfield Place, 181 Bay Street
Suite 1 800, Box 754
Toronto, ON MU 2T9
Tel: (416) 863 -1500
Fax: (416) 863 -1515
Email: Rforanp_airdberlis.com; sstoll(d,)airdberlis.com
Attention: Patricia l=oran and Scott-Stoll
We note that despite our previous request to the Director that all correspondence be
served on both Mr. Stoll and myself, the Director's Order was served only on Mr. Stoll.
We would appreciate it if the Tribunal would ensure that all documents and
correspondence are addressed to both Mr. Stoll and myself.
AIiRD & BERLIS LLP
Bardslers end Solkilva
April 29, 2011
Page 3
Background
The Appellants continue to rely on the background facts set out in their Review Request
dated April 13, 2011 (Tab 3). In addition, the following additional facts are noted:
1. The MOE fill samples referenced in the Original Order were obtained by MOE in
April 2010 and were disclosed to the Appellants a year later at our request. Our
clients' consultants, DCS, have reviewed the analysis respecting these samples
and have concluded that the, samples taken by MOE a year ago meet Table 2.
Accordingly, there was and continues to be no scientific basis for the Order on the
basis of materials sampled by MOE last year.
2. The second basis for the Order — an apprehension of a concern about two source
sites — Is also not supported by any analytical results or scientific data. It is also
acknowledged by the Ministry that the two sources of fill — the Toy Avenue
reconditioning facility and Pier 27 -- are unlikely to have exceedences of the Table
2 requirements.
3. The Director's Order suggests that the GRCA permit and jurisdiction is insufficient
to govern the fill operation on the subject lands. There is no evidence that the
exercise of any jurisdiction by GRCA has failed or has any shortcomings. Indeed,
there has been no attempt to revoke or amend the permit by GRCA and at all
times, the Appellants have compiled with the GRCA permit conditions.
4. Prior to the Original Order, the Company voluntarily met with Clarington and has
responded to information requests from the municipality and from GRCA, Any
operational concerns that have been brought to the Company's attention have
been responded to by the Company. At all times the Company has demonstrated
cooperation and a willingness to work both with the GRCA and the municipality.
S. Prior to-the Original Order, there was no contact by MOE with any representative
of the Company or Richard Rondeau.
Apmal
1. Order Against Richard Rondeau
The only apparent basis for maintaining Mr. Rondeau named in the Order is that he was
named in the GRCA permit. In addition to the submissions made in the Review Request,
Mr. Rondeau obtained GRCA Permit ;f#1089 as a representative of 1744856 Ontario Inc.
There is simply no basis for the continuation of the subject Order against him.
2, Director's Order Items 1— 3 (a); 4.5
In respect of the Director's Order, and without prejudice to this appeal, the following
matters have been addressed In accordance with the Order:
Item 1 (a) — (e): either not applicable or compiled with;
Item 2: completed;
Item 3 (a): to be submitted;
AIRD & BERLIS uLP
Barristers and Shcic[Ws
April 29, 2011
Page 4
Item 4: completed;
Item 5: to be submitted.
With respect to Item 1, our clients had requested, in the Review Request, that a time limit
be inserted into the Order. We note that the Director's Order of April 15, 2011 does not do
this but instead amends the Original.Order to permit the Appellants to make application to
change this part of the Order and, if necessary, appeal the further Decision or Order. Our
clients continue to be of the view that there is no basis for this part of the Order; however,
application will be made and should the request not be granted, our clients will consider
an appeal at that time. Accordingly, this appeal is without prejudice to our clients` rights
respecting the failure of the Director's Order to include a time limit for Item 1.
3. Requirement 3 (b)
Item 3 (b) contained in the Director's Order is of significant concern to our clients. The
requirement for groundwater monitoring was acknowledged by MOE Staff in meetings as
unnecessary. There is no evidence that any material accepted at the site represents a
potential risk to groundwater in the area. Based on the results of samples obtained to
date, including pre - permit material sampled by the Appellants' consultants since the time
of the Original Order, there is no basis for an Order requiring groundwater monitoring.
We reserve the right to augment the reasons set out in this appeal. A stay of this Order
may be sought.
ALL of WHICH IS RESPECTFULLY SUBMITTED
1744858 Ontario Inc. and Richard Rondeau
By their Counsel
AIRD & BERLIS LLP
qn.A, loran
This document is also served upon:
The Director
Ministry of the Environment
5th Floor
230 Westney Road South
Ajax, ON L1 S 7J5
9052877.2
AIRD & 13ERLIS up
Banisters and SaiitRom
Environment and Land Tribunals
Ontario
Environmental Review Tribunal
655 Bay Street, Sulle 160D
Toronto ON MBG 1E8
Telephone: (416) 212 -6348
Toll Free: 1466- 448.2248
Fax: (M) 314.4506
Webstte: mmelto.gov.on.ca
May 31, 2011
ATTACHMENT NO. 3 TO
REPORT LGL- 007 -11
Tribunaux de VenvirotilitfIlI M el cle
E'amenagement du terri €oire Ontario
Tribunal de 1'environnement
655 rue Bay, sulte 160D E C
Toronto ON MBG 1 E8
T�tasphone: (416) 212 -6349 ?�i
Sans Frals: 1- 868.448 -2246 JUN 0
T616copleur: (416)$%4806
8 [to Web: wvnv .ett0,90v.0n.INgNIC1PALITYOF CLAFIINGTON
NOTICE TO ALL OWNERS OF NEARBY LANDS AND INTERESTED PARTIES
Enclosed is a Notice of Hearing for an appeal before the Environmental Review Tribunal, You
are being notified of this hearing because you are an owner of land near the facility or property
in question or a person who may have an interest in this hearing.
Owners of nearby lands and Interested parties may seek the opportunity to participate at the
Hearing. You are not required to attend the hearing, but if you do wish to participate, there
are four ways in which you inay do so. They are as follows:
1. You may attend the hearing and observe the proceedings, but not actively participate.
2. You may request the hearing panel to grant you presenter status at the hearing. As a
presenter, you will be able to provide your testimony under oath or solemn affirmation at
the hearing, and be cross - examined by all parties. You may also file written material in
addition to your oral presentation.
3. You may request that the.Tribunal grant you participant status at the hearing. As a
participant, you will be able to provide your testimony under oath or solemn affirmation at
the hearing, and be cross - examined by all parties. You may also file written material in
addition to your oral presentation. Participants, however, are expected to attend each
-day of the hearing so that any submissions made to the Tribunal will reflect the evidence
given by all the parties, and others, during the course of the entire hearing.
4. You may request that the Tribunal grant you party status. This means that you have the
right to present evidence through witnesses, cross- examine witnesses and make
submissions. Parties are often represented by legal counsel. Parties are expected to
attend all hearing days, including days allocated to final argument.
Should you wish to participate in these proceedings, you should immediately write; fax or email
the Case Manager to indicate your intention. You should visit the Tribunal's website to obtain a
copy of the Rules of Practice and Practice Directions of the Environmental Review Tribunal.
'The Tribunal's website is located at www.ert,gov.on.ca. If you do not have Internet access, a
copy of the Rules of Practice and Practice Directions will be mailed upon request.
Yours truly,
�) I 04bo
For: Donna Symonds
(Acting) Tribunal Secretary
Assessment Review Board - Board of Negotiallon - ConsarvaW Review Board - Wronmental Review Trlbunal - Ontario Munic1pal 80aed
Niagam Escarpment Nearing office - Office of Con oltdated Hearings
Environment and Land Tribunals Tribunaux de t'environnement et de
Ontario I'am6nagement d€.f ferritolre Ontario
Environmentai Review Tribunal Tribunal de 1'environneinent
655 Say Street, Suite 1500
Toronto ON M5G 1E5
Telephone: (416) 212 -6348
Toll Free: 1.888.448 -2248
Fax: (416) 3144506
websi€o; MVW.elto.gov.on.oa
655 rue Bay, suite 1500
Toronto ON M50IB6
T616phone: (416) 212 -$34$
Sans Frals: 1- $66 -44 &2248
TB16coptear: (416) 314.4508
Site Web: w ww.etto.gov.on.oa
ri
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A.
Case Nos.. 11- 014f1l.016
NOTICE OF PRELIMINARY HEARING
In the matter of appeals by Richard Rondeau and 1744856 Ontario inc. filed
April 28, 2011 for a Hearing before the Environmental Review Tribunal
pursuant to section 140 of the Environmental Protection Act, R.S.O. 1590, G.
E.19, as amended; with respect to an Order issued by the Director, Ministry
of the Environment, on April 15, 2011 under section 157.3(5) of the
Environmental Protection Act, requiring that: certain material not be accepted
until qualified persons carry out work, confirm that material being received Is
acceptable and soil management activities are in place; a procedure for
segregation and management of source site material and weekly soil sample
auditing be put In place; reports and plans for environmental site assessment
and soil -work be submitted; security measures and procedures to manage
noise and dust from site activities be confirmed; and a communications plan
and times for implementation of site activities relating to the Director's Order
be submitted in relation to a site located at 4148 Regional Highway #2, RR #8,
Newcastle, Clarington, Regional Municipality of Durham, Ontario,
The purpose of the Hearing is to enable the Tribunal to determine whether it shall confirm, alter
or revoke the Director's Order that is the subject matter of the Hearing, and direct the Director to
take such action as the Tribunal considers appropriate. The Tribunal may substitute its opinion
for that of the Director,
Prellminm Hearing:
A preliminary Hearing will be conducted by-the Hearing Panel on Wednesday, July 13, 2011 at
10.00 a.m. in the Council Chambers, In the Municipality of Clarington, 40 Temperance
Street, Sowmanville, Ontario. The purpose of the Preliminary Hearing will be: to receive
submissions from groups and individuals who are seeking Party, Participant or presenter status
arld to rule on them; to identify the preliminary Issues to be considered at the main Hearing; to
establish the pre - Hearing process (information and document exchange, meetings of Parties
and their legal and technical representatives, scoping of issues, and planning of the main
Hearing), to deal with any other preliminary matters that may be raised by Partlea, Participants
or Presenters; to establish dates for the main Hearing; and to finalize and issue procedural
orders,
Assessment Review Board - Board of Negotiation - conservation kevlew Board - Envfronmentai rtevlew Tribunal - onlario MuntlpW Board
Niagara Escarpment hearing OfftCe - Office of Consolldaled Hearings
For more information, please review the appropriate legislation, the Rules of Practice and
Practice Directions of the Environmental Review Tribunal, and "A Guide to Appeals under the
Glean Water Act, 2006, the environmental Protection Act, the Nuf ent Management Act, 2002,
the Ontario Water Resources Act, the Pesticides Act, and the Safe Drinking Water Act, 2002 ",
all of which are available on the Tribunal's website at www.ert.crov.on.ca.
DATED at TORONTO, this 31st day of May, 2011.
For: Donna Symonds
(Acting) Tribunal secretary
Information Contact.
Dina Ostella, Case Manager
Environmental Review Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario M5G 1 E6
Case Manager's Email: djna.ost0Ila ontarIo.ca
Tel: (4 4 6) 314 -4712
Fax; (416) 3144506
Tribunal website: www,ert.gov.on.ca
Assossmont Roview Board -Board of Negotiation - Conservation Review Board - irnArQnmental ReVevf TAUAeJ • Ontario Municipal Board
Niagara Escarpment Hearing office- Office of Consolidated hearings
AIRD& BERLI_S LLP
Barristers and Solieftors~
Patricia A. Foran
D4acl: 4M865.3425
E- mail:pforan @airdberiis.corn
June 15, 2011
BY EMAIL
Andrew Allison
Municipal Solicitor
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Dear Mr. Allison:
ATTACHMENT NO. 4 TO
REPORT LGL- 007 -11
Our File No. 108778
R_ e: 1744856 Ontario Inc.
Fart Lot 16, Concession 2 (Clarke Twp.), Clarington, Regional Municipality
of Durham
I write further to our meeting with Town Staff on Wednesday, June 1, 2011, and in
particular, with yourself, Mr. Horvath, Ms. Barrie and Ms. Denson to discuss the draft
Morgans Road Road Agreement. We continue to await a revised draft agreement from
you, resulting from our discussions. I am not aware of any additional information required
from our client to complete a revised draft agreement; if I am incorrect in this assumption,
kindly advise.
As requested by you, I wish to summarize the advice provided to you at our meeting
respecting documentation filed with MOE by Decommissioning Services Limited ( "DCS ")
and/or my firm, on behalf of our client:
As you may be aware, the original MOE Order dated April 6, 2011 (subsequently revised
through Director's Order dated April 15, 2011) referenced samples taken by MOE from
our client's site last April, 2010, Upon learning of these samples in April of this year, our
client requested copies of the analysis respecting these samples and provided the
analysis to DCS. DCS have confirmed in a subsequent report dated May 9, 2011 that the
samples taken by MOE over a year ago meet the applicable generic Table 2 standards for
industrial /commercial /community land use in a potable groundwater situation.
I also indicated that as part of our client's cooperation in responding to the Director's
Order, our client has provided to MOE a satisfactory soil sampling protocol which has
been in place on site since April 15, 2011. As you may be aware, the Director's Order
distinguishes between fill from Pier 27 and Toy Avenue,. on the one hand, and fill from
other sites. We understand that the soil management and excavation procedures at Pier
27 and Toy Avenue were established in consultation with MOB and till originating at those
two sources is considered suitable by the Ministry. As of this date,, no fill from a source
other than Pier 27 or Toy Avenue is being directed to the site. Should this change, the
Brookfield Place, 181 Bay Street, Suite 1800, Box 754 • Toronto, ON - M5J 219 - Canada
i 416,863.1500 F 416.863.1515
:"1VVa,Mrc1ber lissom
June 15, 2011
Page 2
requirements of the Director's Order and the fill management protocol are clear as to
DCS' role as a QP in overseeing any new fill sources.
DCS has also conducted weekly audit samples of soils from Pier 27 and Toy Avenue
since April 15, 2011. The first four weeks of sample results meet the aforementioned
Table 2 standards.
In addition to the foregoing, DCS established a Dust, Soil Tracking and Noise
Management Plan which was filed with MOE. DCS assisted with the on -site
implementation of that Plan. Our client's on -site personnel follow the Flan which is kept
on site. Of relevance to our conversation two weeks ago is the fact that on -site personnel
visually inspect trucks (incoming and outgoing) and on -site roads and off -site routes
adjacent to the site through application of soil tracking and dust mitigation measures. An
on -site fog of observations and measures taken is maintained. As Clarington Staff are
aware, our client is also responding to any complaints made respecting the matter. -
When we met, our client indicated its willingness to clarify aspects of the Plan. They were
also asked to voluntarily limit their hours of operation on Saturdays, and I responded to
you on that point some time ago. As noted at the outset of this letter, I am not aware of
any further information that Clarington requires from our client to complete a further draft
agreement. We would appreciate your advice as to timing as we had understood that the
revised agreement would be forwarded as soon as possible following our meeting.
Yours truly,
AIRD & BERLIS LLP
Patric A. l=oran
PAF /ja'g
cc: client
R. German, DCS
9508584. f
AIRD& BERLIS I.I.P
Buristers and Solicitors