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COMMITTEE OF THE WHOLE September 12, 2000
The Committee of the Whole met in regular session on September 12, 2000 at 7:30 p.m. in the Council Chambers of the Township of Goulbourn Municipal Building with the following members present:
Councillor Beggs welcomed all those in the audience. MINUTES Councillor Beggs noted an amendment to page A1 and Mayor Stavinga noted amendments to page A5 of the minutes of the Committee of the Whole Meeting of June 13, 2000. Committee accepted the Committee of the Whole Minutes of June 13, 2000, as amended. Mayor Stavinga noted amendments to page B3 and Councillor Beggs noted an additional amendment to page B3 of the minutes of the Committee of the Whole Meeting of August 15, 2000. Committee accepted the Committee of the Whole Minutes of August 15, 2000, as amended. PRESENTATION - Mr. John P. Braaksma, President, J.P. Braaksma & Associates Ltd.
Councillor Beggs asked that the presentation of the report be deferred to a future meeting to allow her an opportunity to meet with the residents of Renshaw Avenue regarding the report. She noted that Fire Chief Terry Gervais would also like an opportunity to discuss the report with Mr. Braaksma. Mr. Townend stated that he expected that Mr. Braaksma would be able to attend the Council meeting of October 3, 2000. Councillor Lewis asked when other residents would have the opportunity to comment on the report. Councillor Beggs replied that other input would be welcome on October 3rd. Mayor Stavinga informed the members that the City of Ottawa is also studying traffic calming, and a report discussing the issue from their perspective will be available September 28th. She suggested that the Ottawa report be considered to complement the Braaksma report. RECOMMENDATION: That Committee of the Whole recommend to Council that consideration of the report be deferred to the Council Meeting of October 3rd, 2000. CARRIED Rezoning and Public Meeting Councillor Beggs informed the public of the Public Meeting as required, under the Planning Act. She read the following notice from the agenda: This Public Meeting is required under the Planning Act. This meeting is intended to give an opportunity to members of the public to make comments about the application being considered tonight. · To rezone Lots 14 & 15, Concession 11 from MXR (Extractive Industrial Resource) to MXQ (Extractive Industrial Quarry) I would like to stress that if you have any comments about these proposals, it is important that you relay them to us. The Planning Act states that if there is an appeal to the Ontario Municipal Board and the appellant did not make written submissions to Council or oral submissions to this Committee, the Board may elect to dismiss the appeal. So, it is important to provide us with your views, not only to assist us in making a decision, but to protect your right of appeal.
Mr. Belan reported that this item had been deferred from a previous meeting in order to allow the completion of the Environmental Impact Statement (EIS). The EIS has been submitted, and preliminary looks at the results are positive. The Rideau Valley Conservation Authority has not yet reviewed the EIS, and a written report has not been received from the Regional Municipality of Ottawa-Carleton. Mr. Belan also brought two letters to the attention of the Committee, from the North-West Goulbourn Community Association (NWGCA) and J. L. Richards and Associates Limited. Councillor Bryan asked how this will affect the wetlands. Mr. Belan stated that the applicant's report has indicated that the water pumped into the wetland will enhance the wetland. Councillor Bryan noted that the report does not specify what the "immediate" area is. He also noted that concerns about noise, pollution and the impact on wells are not addressed in the report. 120 - 130 businesses and residences will be affected. He asked to hear from the NWGCA regarding any concerns they may have. Mayor Stavinga asked why the report is before Committee even though all information is not available. Mr. Belan stated that all information has been submitted, but full analysis and comments from the approval authorities have not been received. Mayor Stavinga suggested that first and second reading of the zoning by-law wait until those comments are available for Committee. Councillor Beggs asked for comments from members of the audience. Colin Heard, President of the North West Goulbourn Community Association, stated that the Association is pleased with the level of public consultation that the applicant has been conducting. There are, however, some issues to still be dealt with. For example, what is the "immediate" area referred to in the report. He asked that the NWGCA be given the opportunity to respond to the EIS. He also asked that the results of the studies become public record. Christine Hartig, Chair of Goulbourn Environmental Advisory Committee, stated that GEAC supported deferral of this item on March 14, 2000 pending completion of a number of studies and reports. Given the outstanding EIS on the project, GEAC would support the delay of the final reading of By-law 26/2000 as recommended by the Mayor. GEAC is interested in receiving a copy of the EIS for review and comment. She also noted that GEAC has additional comments and concerns regarding the quarry owners' responsibilities at the end of the quarry’s economic life. The excavations would be left to naturalize., and any contamination entering the standing water in the quarry would circulate into the ground water flow and, in future, may contaminate local wells. She asked that enforced rehabilitation be one of the conditions imposed, via (for example) an annual levy which would be held in trust for the purposes of rehabilitation and could be used for the same in the event that the owner(s) default in this regard. Ms. Hartig noted concerns that so many quarries operating in the same area will have a cumulative and, likely, negative impact on the local environment. It may be prudent to consider a study to research the cumulative effects. Ken McRae, Director of Water Conservation and Usage for Friends of the Jock River, questioned the necessity of another quarry given the number of quarries already in the area. He noted that the cumulative effect of the water taking is substantial and the effect of this water taking, combined with the other quarries and the nearby golf courses, has not been studied. He stated that the water to be discharged would go into the north-west Goulbourn wetland, and from there to the Jock River, introducing pollutants. He asked that the by-law be deferred until the analysis of the report is received. Mayor Stavinga stated that she appreciated the comments from the NWGCA regarding the amount of public consultation done by Tomlinson. She knows that they are addressing the issues raised by the residents. She asked if the Township has the ability to insert a condition regarding the upgrading of Jinkinson Road. Mr. Page stated that it would be redundant. The Ministry of Natural Resources has a site plan process and that the Township can be a part of that process. Mayor Stavinga asked who would be monitoring the water table. Mr. Belan replied that the applicant will be conducting the monitoring. Kris Marentette, Golder Associates Ltd., stated that the design of the monitoring system is part of the licence application process. They will be monitoring the ground and surface water. The process used is based on comments from the Ministry of the Environment and NWGCA. They have presented worst case scenarios and looked at the effect and distance that the water table will be affected. The actual monitored results will be compared with the predictions made. They are concerned about the cumulative impacts, and so have developed programs to monitor wells for both water supply and quality. They have identified tentative bore hole locations which will be used to measure the cumulative effect. These will be located within a 200 metre radius, with an additional 4 - 5 wells within 400 metres and 2 locations 2.5 - 3 kilometres away. These will be implemented pre-development to develop a base line. Mayor Stavinga noted that the cumulative effect will be from other users, and asked if the MNR and other users would be notified of problems. Mr. Marentette stated that the levels will be studied over time to determine long term trends relating to the amount of precipitation or water taking. Mayor Stavinga stated that discharging water to the wetland will change its ecological balance. She expressed her concern with not looking at the long-term ramifications or the vulnerability of the wetland. She noted that the area acts as a significant groundwater recharge into the Jock River. Mr. Marentette stated that the EIS provides more detail on the effects on the wetland, which has been identified as a fen. Councillor Beggs asked if the monitoring plan will be available before the final report. Mr. Marentette stated that it will come together before the water taking permit is issued. Councillor Beggs asked what the impact of a full deferral will be. Daphne Wretham, J.L. Richards & Associates Limited, stated that the technical requirements have been fulfilled, but the procedural requirements are left to be completed. Before Council gives 3rd and final reading, Council will need confirmation from the RVCA and the Region. The rezoning is only one step in the process. The MNR requirements for licencing also include public consultation. Ms. Wretham asked that the by-law be amended to delete the setback requirement for the lands that are adjacent to the Diblee quarry. She also noted that the adjacent rural land is owned by the applicant, and asked for a reduced or deleted setback for that side of the quarry as well. Brian Finch, 45 Eisenhower Drive, Nepean, Vice-President, Friends of the Jock River, stated that they have not yet taken an official position, but asked that the Jock River watershed be considered. The river is a "policy 2" river, meaning that the river cannot receive any additional pollutants. It already has .05 - 1 mg of phosphorus/litre, and any additional phosphorus will add to loss of habitat and surface blooms. If the phosphorus goes to the wetland, it will encourage plant growth, adding yet more phosphorus to the system. This has the potential to change the wetland type, and should be taken under consideration. Bill Tomlinson, applicant, noted that they have not had any previous comments from the Friends of the Jock River. He noted that the monitor wells will be an early warning system of any impending or potential problem. This is a key component for the residents. He stated that this is a costly, ongoing proposition, but that they are trying to be good neighbours and would prefer to spend the money on monitoring instead of an OMB hearing. Councillor Lewis stated that he did not have any objections to removing the setback requirements between the quarries. He noted that the traffic would be the same whether it is one big or four small quarries. The traffic needs to be addressed, but he expects most traffic will use Highway 7. Mayor Stavinga asked that the applicant refer to the Jock River Watershed Planning Study before the by-law returns for 3rd and final reading. She noted that the RMOC will look at the groundwater aquifer vulnerability assessment. She also asked that a cost sharing approach be taken to upgrading Jinkinson Road. Mr. Tomlinson stated that Highway 7 will be upgraded and that they will be asking for an upgraded entrance to the highway. Mayor Stavinga suggested that there may be setback concerns in the future between the rural area and the quarry if the rural property changes hands. Councillor Barkley echoed those concerns. Mr. Tomlinson stated they could put on a restriction, make it part of the quarry property, or register a covenant. Ms. Wretham suggested it could be a condition of severance. Mr. Page noted that the properties may not have merged in title, and a severance would not be required in that case. He suggested shifting the zoning boundary by 100 metres to accommodate the quarry boundary. Peter Jordan, resident, agreed that it would be appropriate to give first and second reading to the by-law to rezone. He expressed his concerns with the condition of Jinkinson Road, and the environmental impacts of the Cavanagh quarry. Councillor Bryan stated that the proponent is going about this in the proper manner. He noted that the property is currently in a holding zone, and asked if it is appropriate to put it into production. He asked who establishes that there is a problem and who establishes responsibility. Mr. Tomlinson stated that the Ministry will be able to review water taking permits if there is a problem and the remedy would be through the courts or the Ministry. He noted that they did start the monitoring process last fall. Mr. Townend noted that the new City of Ottawa will address any problems, and bring in the Ministries as required. Mr. Marentette noted that part of the licencing procedure requires annual reports to the MOE. Any negative effects will be apparent in the report. They have jurisdiction on all water taking permits. Mr. McRae noted that his understanding is that the Dibblee quarry and the Glen-Mar golf course do not have water taking permits, and that the MOE is not doing a thorough job of monitoring the water taking. Ms. Hartig asked that a condition be drafted to address the actions to be taken at the end of the quarry's life. Councillor Beggs stated that the NWGCA is comfortable with the by-law receiving first and second reading, and noted that they will have more information and analysis before giving third and final reading. She supported giving first and second reading now, as no work on site will begin until after third and final reading. She noted that they cannot penalize Tomlinson for others' mistakes. She asked that the Township take leadership regarding the concerns on Jinkinson Road, and that a list of degradations be given to Cavanagh, and that a letter be written to MOE regarding due diligence on water taking. Councillor Beggs read the recommendation, noting the change in the zone to amend the boundary of the mineral resource area, and the reduced set-back for the area adjacent to the Dibblee Quarry. RECOMMENDATION: That Committee of the Whole recommend to Council that By-law 26/2000, as amended, a by-law to amend By-law 40-99, as amended, to rezone the subject lands from MXR (Extractive Industrial Resource) to MXQ-1 (Extractive Industrial Quarry Exception), be given first and second reading; and That Council delay giving By-law 26-2000 third and final reading until such time as the Environmental Impact Statement is completed to Region and Township satisfaction. CARRIED
Mayor Stavinga noted that this zoning amendment has gone forward because of the active participation of the neighbours. She commended their actions. RECOMMENDATION: That Committee of the Whole recommend to Council that By-law 04-2000 receive first and second reading. CARRIED
Councillor Lewis asked if the mobile homes would have to be removed even if the same people live there. Mr. Belan stated that the temporary use by-law may be renewed. Stephen O'Connor, acting for the applicant, stated that a three year limit is agreeable to him. Mayor Stavinga asked if the legal non-conforming use would go with the ownership of the property. Mr. Page replied that the use must be continuous, not the ownership. That concept does not apply to this property because the boundary of the property is being changed, so they must deal with the mobile home use. RECOMMENDATION: That the Committee of the Whole advise Council to recommend to the Rural Alliance Land Division Committee that severance RA G3/99 be approved with the following conditions:
CARRIED
Christine Hartig, chair of Goulbourn Environmental Advisory Committee, stated that there has been a group informally convened called the "Goulbourn Wetlands Group". As their representative, she asked that Committee consider recommending the formal adoption of the boundaries from the MNR and the rejection of the rezoning application. Councillor Bryan stated that he had concerns with a straight rejection of the by-law. He suggested that Committee must make it clear why the by-law is being rejected. This will send a clear message for future reference and actions by subsequent bodies, including the Council of the new City of Ottawa and the Ontario Municipal Board. He felt that Committee must first adopt the wetland boundary and then reject the by-law. He proposed an amended recommendation for Committee's consideration reflecting those points. Committee agreed with his recommendation. RECOMMENDATION: That Committee of the Whole recommend to Council that By-law 22-2000 be rejected for the following reasons:
CARRIED OTHER
Councillor Lewis agreed that this is a very important issue, and that it should be dealt with immediately. He suggested minor changes, and asked that a Special Council Meeting be held immediately following the Committee of the Whole Meeting to pass the resolution. Committee agreed to move into Council immediately following the adjournment. Mayor Stavinga agreed, suggesting that a letter be sent to the residents, with the situation being monitored for 30 days, then a report back to Council. Councillor Beggs noted that, in her experience, awareness is the first step, followed by a public meeting. Mayor Stavinga indicated that the donations will be going into additional features for the Complex. Mr. Townend stated that the donations will go into the capital fund, and that a report will be forthcoming for direction from Council. Councillor Bryan noted that these contributions have been made without the benefit of a formal fundraising campaign. He suggested that the response bodes well for a formal fundraising effort. Mayor Stavinga thanked Councillor Beggs and the Committee for their efforts. The expense should be considered an expense as an investment in the community. She asked that the availability of surplus funds be confirmed through the Director of Parks and Recreation and the Chief Administrative Officer.
ADJOURNMENT Committee of the Whole adjourned at 10:04 pm. Formally Adopted by the Committee of the Whole at the meeting of October 10, 2000 |
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