The Corporation of the Township of Brock

Council Minutes

Session 9
-
Virtual Meeting
Members Present:
  • Mayor John Grant
  • Regional Councillor Ted Smith
  • Ward 1 Councillor Michael Jubb
  • Ward 2 Councillor Claire Doble
  • Ward 3 Councillor Walter Schummer
  • Ward 4 Councillor Cria Pettingill
  • Ward 5 Councillor Lynn Campbell
Staff Present:
  • CAO Ingrid Svelnis
  • Clerk/Deputy CAO Fernando Lamanna
  • Deputy Clerk Janean Currie
  • Clerk's Assistant Deena Hunt
  • Clerk's Assistant, Stefanie Stickwood
  • Director of Finance / Treasurer Lisa Chen
  • Chief Building Official Richard Ferguson
  • Director of Public Works Paul Lagrandeur
  • Manager Facilities and IT, R. Wayne Ward
  • Supervisor By-law Enforcement and Animal Control Sarah Jones

Mayor Grant called the meeting to order at 6:00 p.m. and a quorum was present.

2.

  

It is important to begin each public gathering with a Land and Territorial Acknowledgement, to recognize the Indigenous people for being good stewards of the land and environment, here where we are meeting today. The Township of Brock has traditionally been a hunting and fishing ground for First Nations people. We reside on and benefit from the Williams Treaty Territories, on the land of the Mississaugas and Chippewas. May we share the land as long as the sun rises, the grass grows and river flows.

4.

  

None

5.

  

The purpose of this Statutory Public meeting, pursuant to Section 34 and 51 of the Planning Act R.S.O. 1990, was to inform the public of the details of an application for a Zoning By-law Amendment to permit the expansion of an active aggregate pit located on Concession 2, Part lots 7 & 8, Sunderland and to provide an opportunity for the public to make comments on the proposed application.  Members of Council were in attendance to observe and listen to the comments.

Please ensure that you have registered your contact information with the Clerk’s department to receive notice of future meetings pertaining to this application or email clerks@brock.ca to request an interested persons form to ensure you could be considered a interested party, should an appeal to the Ontario Land Tribunal be submitted.

There would be no decision made on behalf of the Township of Brock in respect of the application at this meeting. The Council of the Township of Brock will consider the merits of the application at a later date, taking into consideration all input received on the subject applications.

If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Brock before the by-law is enacted (if approved), the person or public body is NOT entitled to appeal the decision of the Council of the Township of Brock to the Ontario Land Tribunal.

Further, the person or public body may NOT be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

In the event that the rezoning by-law is enacted by Council, it will be circulated in the formal manner under the provisions of the Planning Act, including those identified as interested parties. At that time, if objections are received, a hearing will be held before the Ontario Land Tribunal, at which time the objectors will be informed of a hearing date.

CBM Aggregates consultant Melanie Horton, Esher Planning, introduced David Hanratty, Director of Land Resources, Votorantim Cimentos
and Heather Melcher, Director Ecology, WSP Golder, and provided a presentation which included:

  • CBM submitted applications under the Planning Act and the Aggregate Resources Act for an expansion to the south pit, Sunderland - location is east of Sideroad 17, north of Concession 2 and south of Regional Road 13
  • technical studies were submitted assessing the impact of the proposed expansion on the environment
  • the expansion would affect the western portion of the property currently zoned rural, considered class 6 agricultural lands
  • extraction to include above and below the groundwater table, similar to the existing south pit, with no increase in tonnage shipped from the Sunderland operation
  • existing entrances/exits and haul routes for north and south pits to be used
  • designated as Major Open Space, Prime Agricultural lands, and recognized as an area of High Potential Aggregate Resources in the Regional Official Plan
  • no change proposed for the Environmental Protection (EP) zone; proposal boundary to be changed to exclude this zone
  • approvals required - Aggregate Resources Act License (complete Aug 2021); Regional Official Plan Amendment (ROPA); and Township Zoning By-law Amendment
  • Durham Region public meeting scheduled for September 6, 2022 for ROPA
  • berm to be built to mitigate noise and will be removed during rehabilitation
  • post-extraction rehabilitation plan designed to fit into the overall Regional context and complement the existing topography/ecology in the area
  • final rehabilitation plan for the site will include 3 water ponds surrounded by wetlands, meadow, and reforested habitats

Council enquiries included:

  • south pit extraction phase down as the new south pit becomes operational
  • property values study be available to the public
  • what does the Regional Official Plan Amendment include
  • who performs peer reviews
  • carbon sequestration study results available, as well as comments from the LSRCA
  • Beaver River level monitoring and mitigation

5.1.2

  

Nick Pileggi, Planning Consultant, Macaulay Shiomi Howson Ltd. (MSH) provided the following comments:

  • MSH was retained by the Township of Brock
  • applications were filed for ROPA and the Zoning By-law Amendment in March 2022 and the applications were deemed complete and circulated to agencies for comment
  • all comments received will form ongoing discussions with the applicant
  • a recommendation report would be forthcoming

Council enquiries included:

  • the timing of Brock providing comments on the zoning amendment prior to a Regional Council decision on the Regional Official Plan Amendment application

5.1.3

  

Public who spoke at the meeting: Peter Renz, Kaik Bharucha, Janice Mears, Michael Doherty, Ian Adams, Matthew and Emily Negrazis, Richard and Dorothea Helms, Carole Ditomaso

Comments and Concerns raised included:

  • property real estate values would decrease by more than 25% with no compensation
  • wetlands are finite, will be impacted by aggregate operations; would there be a future report evaluating the wetlands
  • Province encourages residents to participate in Conservation Land Tax Incentive Program - private stewardship of Ontario’s provincially important natural areas
  • pit too close to residences, incompatible with community
  • noise, vibrations, odours, dust - health concerns
  • well water levels, studies, testing
  • wildlife movement interrupted
  • would EP be rezoned
  • Township planning should protect the rural character of the community
  • would processing activities remain north of Regional Road 13; no entrances off Concession 2
  • which version of the Aggregate Act pertains to this application
  • contact information for submitting complaints regarding dust and noise; would the monitoring of dust be ongoing regarding crystalline silica
  • notice of proposed zoning change not received by a neighbouring property
  • loss of enjoyment of properties
  • if well impacted then legal action would be taken
  • Regional noise levels should be considered as opposed to the Provincial noise standards
  • truck traffic routes during Regional Road 13 reconstruction
  • Resolution:C-2022-187

    BE IT RESOLVED THAT the presentations, written and verbal comments made during the Statutory Public Meeting with respect to the Zoning By-law Amendment application by CBM Aggregates, Concession 2, Part Lots 7 & 8 be received.

The purpose of this Statutory Public meeting, pursuant to paragraph 1 of subsection 270(1) of the Municipal Act, S.O. 2001, as amended, and the provisions of By-law Number 1480-97-AP, was to inform the public that the Council of the Corporation of the Township of Brock intends to enact a by-law to declare certain lands as surplus to the needs of the Corporation with the intention of selling the said lands. This meeting provided an opportunity for the public to make comments on the proposed sale of surplus land.

The subject lands are located on Ball Avenue East. The subject lands are legally described as Block B, Plan M-899, Township of Brock, Regional Municipality of Durham.

Members of Council were in attendance to observe and listen to comments.

Please ensure that you have registered your contact information with the Clerk’s department to receive notice of future meetings pertaining to this application or email clerks@brock.ca to request an interested persons form to ensure you could be considered a interested party, should an appeal to the Ontario Land Tribunal be submitted.

There would be no decision made on behalf of the Township of Brock in respect of the proposed sale of surplus land at this meeting. The Council of the Township of Brock will consider the merits of the proposal at a later date, taking into consideration all input received on the matter.

If a person or public body does not make oral submissions at a public meeting or make written submissions to the Township of Brock before the by-law is enacted (if approved), the person or public body is NOT entitled to appeal the decision of the Council of the Township of Brock to the Ontario Land Tribunal.

Further, the person or public body may NOT be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

In the event that the by-law is enacted by Council to declare certain lands as surplus to the needs of the Township, it will be circulated in the formal manner under the provisions of the Planning Act, including those identified as interested parties. At that time, if objections are received, a hearing will be held before the Ontario Land Tribunal, at which time the objectors will be informed of a hearing date.

5.2.1

  

The Clerk/Deputy CAO provided information with respect to the subject lands which included:

  • map of the lands
  • designated Shoreline Residential
  • within jurisdiction of Lake Simcoe Region Conservation Authority
  • propose to list for sale in the spring of 2023
  • public comments would be accepted until August 16, 2022
  • the By-law to declare certain lands as surplus to the needs of the Corporation with the intention of selling the said lands would be brought forward at the Council meeting on August 22, 2022

5.2.2

  

None

6.

  

Communication Numbers 420/22 and 421/22

Stephen Stewart, Deloitte LLP, provided a presentation which included:

  • Deloitte was appointed by the Township
  • Township management must prepare financial statements annually
  • financial statements were prepared in accordance with the Public Sector Accounting Standards
  • financial statements consistent with previous years and with the budget
  • the audit plan focused on areas of risk: revenue, deferred revenue, management override of controls, tangible capital assets, and year end accruals
  • no issues found - Deloitte issued an unmodified audit opinion
  • accumulated surplus amount of $77 million would be used up through amortization process
  • Resolution:C-2022-188
    Moved byRegional Councillor Ted Smith
    Seconded byCouncillor Schummer

    BE IT RESOLVED THAT the presentation by Stephen Stewart, Deloitte LLP, and the 2021 Audited Financial Statements be received for information.

    CARRIED

Brendan Perry provided a presentation which included:

  • hired as a summer student to perform survey of invasive plant species in Brock
  • invasive plant species can negatively impact residents and wildlife, damage crops, add costs to management, introduce disease, decrease biodiversity
  • Wild Parsnip and Giant Hogweed - threat to human health (sap burns skin)
  • Phragmites dead stocks can increase the risk of wild fires
  • intervention should focus on Wild Parsnip and Dog Strangling Vine species
  • Beaverton has multiple locations of Dog Strangling vine established
  • multiple trails have Wild Parsnip - it should be removed, public awareness increased

Council provided the following comments and enquiries:

  • need to verify an increased annual budget amount; staff report reflecting actions taken this year and the costs to eradicate
  • locations where Dog Strangling Vine and Wild Parsnip exist
  • methods other than chemical to remove Buckthorn
  • a Township social media campaign for Wild Parsnip
  • what was the process to map invasive plant species
  • Resolution:C-2022-189
    Moved byCouncillor Pettingill
    Seconded byCouncillor Campbell

    BE IT RESOLVED THAT the presentation and Report 2022-CO-021 for Invasive Plant Species be received; and

    THAT staff propose a $10,000 annual operating budget starting in 2023, pending Council approval of the 2023 Budget; and

    THAT staff be directed to follow guidelines and recommendations in managing all Invasive Plant Species as noted in the presentation.

    CARRIED

7.

  

None

None

  • Resolution:C-2022-190
    Moved byCouncillor Schummer
    Seconded byCouncillor Jubb

    BE IT RESOLVED THAT Council break for a recess at 8:10 p.m.

    CARRIED

Mayor Grant reconvened the meeting at 8:29 p.m. and a quorum was present.

  • Resolution:C-2022-191
    Moved byRegional Councillor Ted Smith
    Seconded byCouncillor Schummer

    BE IT RESOLVED THAT Council adopts all minutes of previous Council meetings as listed in Section 9.1

    • Committee of the Whole - June 27, 2022
    • Committee of the Whole Closed Session - June 27, 2022
    • Council - June 27, 2022

    AND THAT Council receives all minutes as listed in Section 9.2.

    • Sunderland Town Hall Board - May 31, 2022
    CARRIED

10.

  

Fire Chief

  • Resolution:C-2022-192
    Moved byCouncillor Pettingill
    Seconded byCouncillor Campbell

    BE IT RESOLVED THAT Report 2022-PS Fire Department Responses 2022-Q2 be received for information.

    CARRIED

Manager Facilities and IT

  • Resolution:C-2022-193
    Moved byCouncillor Doble
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT Report 2022-PRF-014 Early Ice Memorandum be received.

    CARRIED

Manager Facilities and IT

  • Resolution:C-2022-194
    Moved byCouncillor Doble
    Seconded byCouncillor Jubb

    BE IT RESOLVED THAT Report 2022-PRF-013 Foster Hewitt Memorial Community Centre be received; and
    THAT Council approve the allocation of additional funding to cover the cost of the installation of safety netting at the south end of the Foster Hewitt Memorial Community Centre, with a portion of the costing coming from any remaining funds upon completion of the restoration of the South Wall; and
    THAT Council approve a Capital Budget increase of $5,000 to be funded from the Arena Reserve Fund.

    CARRIED

Manager Facilities and IT

  • Resolution:C-2022-195
    Moved byCouncillor Schummer
    Seconded byRegional Councillor Ted Smith

    BE IT RESOLVED THAT Report 2022-GG-023 Migration of Server Data to Cloud Based Service be received; and
    THAT Council approve the migration of the file servers and the User Files and Folders to SharePoint Online and OneDrive for Business, with the work being completed by Netagen; and
    THAT the $8,700 funding for this work be approved from the Modernization Funding Intake 1, for a revised $85,700 approved funding from this grant in 2022.

    CARRIED

Clerk/Deputy CAO

  • Resolution:C-2022-196
    Moved byCouncillor Jubb
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT Report 2022-GG-020 entitled Municipal Election Update, be received for information.

    CARRIED

Supervisor By-law Enforcement and Animal Control

  • Resolution:C-2022-197
    Moved byCouncillor Doble
    Seconded byCouncillor Campbell

    BE IT RESOLVED THAT Report 2022-PS-007 entitled By-Law Division Statistics Q2 Report -2022, be received for information.

    CARRIED

Manager Facilities and IT

  • Resolution:C-2022-198
    Moved byCouncillor Doble
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT Report 2022-PRF-012 Sunderland Town Hall Rose Window be DEFERRED to the Council meeting scheduled for August 8, 2022.

    CARRIED

Director of Public Works

  • Resolution:C-2022-199
    Moved byRegional Councillor Ted Smith
    Seconded byCouncillor Pettingill

    THAT staff report 2022-CO-020, Blackwater Bridge Rehabilitation be received;

    THAT staff be authorized to proceed with Chisholm, Fleming and Associates’ design proposal for the Rehabilitation of Blackwater Bridge in the amount of $68,740.00 or $70,000 including the non-recoverable HST impact.

    THAT a capital project be established in the amount of $70,000, to be funded from the Roads and Bridges Capital Reserve Fund.

    CARRIED
  • Resolution:C-2022-200
    Moved byCouncillor Campbell
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT council break for a recess at 9:57 p.m.

    CARRIED

11.

  

Mayor Grant reconvened the meeting at 10:03 p.m. and a quorum was present.

  • Resolution:C-2022-201
    Moved byRegional Councillor Ted Smith
    Seconded byCouncillor Schummer

    BE IT RESOLVED THAT the agenda be amended to bring forward communication number 417/22 at this time.

    CARRIED

Communication number 417/22
Robert De Angelis, Condeland

  • Resolution:C-2022-202
    Moved byCouncillor Doble
    Seconded byCouncillor Jubb

    BE IT RESOLVED THAT communication number 417/22 as submitted by Condeland on behalf of Beaverton Lake Homes with respect to a request for exemption to the Noise Bylaw be received; and

    THAT Council respectfully deny the noise by-law exemption.

    CARRIED
  • Resolution:C-2022-203
    Moved byRegional Councillor Ted Smith
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT the items listed in Section 11 Correspondence be approved save and except communication numbers 390/22, and 394/22.

    CARRIED

Town of Ajax
Communication Number 365/22

  • Resolution:C-2022-204

    BE IT RESOLVED THAT Communication Number 365/22 submitted by the Town of Ajax with respect to temporary replacements at Regional Council be received; and
    WHEREAS Section 268 of the Municipal Act provides for the appointment of an alternative member of a local municipal council to act in place of a member of an upper-tier council in their absence from a meeting thereof; and
    WHEREAS Section 268(2)(a) precludes a lower-tier municipality from appointing more than one alternate member during the term of Council, meaning that the appointed member must serve in that capacity for the entire term of Council to the exclusion of other lower-tier members; and
    WHEREAS serving as an alternate at the upper-tier Council from time to time provides a useful development opportunity for members of the lower-tier Council, and promotes better understanding of upper-tier policy matters among lower-tier council members; and
    WHEREAS municipalities such as Ajax may wish to appoint alternates to the upper-tier Council on a rotating basis, in order to provide for the above noted benefits,
    NOW THEREORE BE IT RESOLVED THAT:

    1. The Province be urged to amend Section 268 of the Municipal Act by deleting subsection 2(a) which restricts the appointment of more than one alternate member during the term of council; and,
    2. A copy of this motion be circulated to the Minister of Municipal Affairs and Housing, the Region of Durham, and all lower-tier municipalities in Durham Region.

Peter Swanton
Correspondence 367/33

  • Resolution:C-2022-205

    BE IT RESOLVED THAT Communication number 367/22, submitted by Peter Swanton, Township of Brock Road Allowance Purchase, be received; and
    THAT Council refer the matter to staff for consideration as part of the property exercise.

Communication Number 387/22

  • Resolution:C-2022-206

    BE IT RESOLVED THAT Communication Number 387/22, submitted by Mike Kuechler, South Central Snowmobile Region, District 4, OFSC on behalf of the Heart of Ontario Snowmobile Club with respect to the Beaverton snowmobile trail be received; and
    THAT Council provide support for the land usage for Snowmobile trail H9 along the west side of Highway 12, Beaverton; and
    THAT a copy of this resolution be forwarded to the Heart of the Snowmobile Club and the Ministry of Transportation.

Louise deHaas
Communication Number 390/22

  • Resolution:C-2022-207
    Moved byCouncillor Jubb
    Seconded byCouncillor Schummer

    BE IT RESOLVED THAT Communication 390/22, submitted by Louise deHaas, regarding the sidewalk in front of the Beaverton Public School, be received.

    CARRIED

Elysia Roman
Communication Number 394/22

  • Resolution:C-2022-208
    Moved byCouncillor Jubb
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT Communication 394/22, submitted by Elysia Roman, Children at Play Sign Request, be approved.

    WITHDRAWN
  • Resolution:C-2022-209
    Moved byCouncillor Jubb
    Seconded byRegional Councillor Ted Smith

    BE IT RESOLVED THAT Communication Number 394/22 submitted by Elysia Roman, Children at Play Sign Request, be received; and
    THAT staff be directed to report back on the feasibility of the request.

    CARRIED

12.

  

None

13.

  

None

14.

  

None

15.

  

16.

  

CAO

  • Resolution:C-2022-210
    Moved byRegional Councillor Ted Smith
    Seconded byCouncillor Pettingill

    BE IT RESOLVED THAT Central Counties Tourism Grant Agreement Memorandum - Report 2022-TED-011, be received; and
    THAT the Corporation of the Township of Brock enter into an Ultimate Recipient Agreement with Central Counties Tourism, acting as administrators of the Tourism Relief Fund on behalf of the Government of Canada through FedDev Ontario.

    CARRIED

CAO

  • Resolution:C-2022-211
    Moved byCouncillor Jubb
    Seconded byCouncillor Campbell

    BE IT RESOLVED THAT Ontario Trillium Fund Grant – Centennial Park Memorandum - Report 2022-PRF-011 be received; and
    THAT Council direct staff to proceed with the application.

    CARRIED

17.

  

None

By-law Number 3140-2022 - to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on July 25, 2022.

  • Resolution:C-2022-212
    Moved byCouncillor Jubb
    Seconded byCouncillor Campbell

    BE IT RESOLVED THAT By-law Number 3140-2022, being a By-law to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on July 25, 2022 be taken as read, enacted and signed by the Mayor and Clerk/Deputy CAO.

    CARRIED

19.

  
  • Resolution:C-2022-213
    Moved byCouncillor Campbell
    Seconded byCouncillor Schummer

    BE IT RESOLVED THAT the meeting of Council adjourn at 10:53 p.m.

    CARRIED
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