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HomeMy WebLinkAbout05/17/2004 . . . " . ' THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were Also Present: May 17, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 17, 2004 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services, M. Creighton , Director of Planning Services, David Crome Senior Planning, Community Planning, Richard Holy (until 10:45) Director of Operations. F. Horvath Director of Corporate Services, M. Marano Senior Planning, Development Review, Cindy Strike (until 10:45) Tax Collector. M. Wiles-Frost Deputy Clerk. M. Knight Stanley Clerk II, C. Doiron Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-256-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 3. 2004, be approved. "CARRIED" 301 G.P. & A. Minutes . PRESENTATIONS . DELEGATIONS . -2- May 17, 2004 (a) Bob Martindate and Richard Unterman, 23 Elizabeth Str. Ajax, L 1T 2X1, presented to Council the Background Study on the Old Bowmanville Neighbourhood, the proposed heritage conservation district. Mr. Martindale highlighted the stages of the relevant provisions of the Ontario Heritage Act and the process which has included three open houses, the preparation and circulation of two newsletters, seven District Steering Committee meetings, library displays, information posted on the municipal website, meetings with LACAC and countless discussions between staff and residents of the neighbourhood. A detailed historical background of the Old Bowmanville neighbourhood was conducted through the examination of original registered plans. surveys, fire insurance plans and aerial photographs an a Landscape Analysis of the Old Bowmanville neighbourhood, a Heritage Character Statement, outlines the reasons for the belief that the Old Bowmanville neighbourhood more than satisfies the criteria for designation of a Heritage Conservation District. This study fully supports proceeding to the preparation of Heritage Conservation District guidelines as supported by LACAC. and from the consultant team's perspective it unequivocally supports the designation of the Old Bowmanville neighbourhood as a Heritage Conservation District under Part V of the Ontario Heritage Act. The background study is now complete, and has been accepted by LACAC. LACAC has pointed out that it is necessary to address the concerns and fears of the residents by proceeding with Phase 2 and he requested the Committee's approval of Phase 2. (a) Victor Suppan, Chair, LACAC, c/o 40 Temperance St., Bowmanville - Heritage Conservation District Liberty and Wellington Street, appeared before Committee to discuss and support the Heritage Conservation District Phase 1. Residents have wide concerns but it is imperative to move on Phase 2 to answer all questions of concemed residents. (b) Bill Humber, 15 Beach Ave., Bowmanville - Old Bowmanville Neighbourhood Association, appeared before Committee to support the Heritage Conservation District. He stated that they have lost many fine buildings and special vistas, as well as the town's independent newspaper. A neighbourhood is not only about our individual attention to our own homes but also the greater neighbourhood in which we live and through which children and elder adults walk. Older 302 G.P. & A. Minutes . . . - 3 - May 17. 2004 areas are particularly vulnerable to the incursions, not only of property re-developers, but even current landowners forsaking the neighbourhood by selling off to those who would strip a property of its best features and then unload the remainder at a discount. The residents want to uncover the range of options open to ensure the character of their neighbourhood is retained and enhanced. There was recently a petition indicating that 137 representative property owners out of approximately 300 in the neighbourhood reject heritage designation. He stated that he is not challenging the sentiment contained in the survey, however he does question the foundation on which people were asked to express their opinion. Points raised by petitioners: · Clarington Council would be asked in April of 2004 to approve a Heritage Designation for the neighbourhood known as "Old Bowmanville". · Criteria and guidelines will include restrictions on paint colour and landscaping along with heritage permitting. . Inability to sell one's house, lower property values and an inability to obtain home insurance will result. · There will be loss of control over private property to the municipality and a group of volunteers. . Imprisonment and fines of $50,000 for violating guidelines can be expected. He feels that this information is not factual. The residents' neighbourhood participation is founded on the hope that Committee will respect your own municipal process and complete Stage 2. Resolution #GPA-257-04 Moved by Councillor Schell. seconded by Councillor MacArthur THAT Andrew Kozak be added to the list of delegations as Item (c) on the agenda. "CARRIED" (c) Andrew Kozak, 86 Concession St. W., Bowmanville, L 1C 1Y9, appeared before Committee to discuss the Heritage Designation in Bowmanville and expressed support Phase 2 of the study. A toolkit to manage change in the for neighbourhood has been suggested and this is exactly what this next phase will provide. He shared his "hands on" experience with the petitioning of residents against the Historical Designation process. The recently published 303 . . . G.P. & A. Minutes PUBLIC MEETINGS - 4 - May 17. 2004 petition results on designation must be scrutinized for their accuracy. The petitioner left his residence without his vote and signature, as it seemed that his positive comments and vote were inappropriate. If he was not well versed in the process at hand, he also would certainly have cast a "No" vote. It was stressed by the petitioner that his constitutional rights and freedom as a Canadian Citizen were hanging in the balance. Sadly his same rights to vote "yes" on the petition were also denied. Resolution #GPA-258-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for 10 minutes. "CARRIED" The meeting reconvened at 10:25 a.m. Councillor Schell chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Official Plan Amendment and Rezoning Applications to Permit a Day Spa. Applicant: 988925 Ontario Inc. (b) Rezoning Application Owner: Headgate Group lnc Richard Holy, Senior Planner, Community Planning. provided a verbal background pertaining to Report PSD-053-04 (a) Report PSD-053-04 - 988925 Ontario Inc. - the purpose and effect of this application is to permit the commercial use of the existing residential building as a day spa with related functions such as hair styling and aesthetics. No one spoke in opposition to or in support of this application. 304 . . . G.P. & A. Minutes - 5 - May 17, 2004 Marcel Povenzano, 22 Otto Crt., Whitby, L 1 N 9T4. advised Committee that he is part owner of the subject property. He noted that he has tried to rent out the property for residential use and the previous tenants have destroyed the property. He decided to rent the property out as a commercial building. He also stated that he has been trying to keep the creek flowing clear of debris. He does not want to tear down the existing building. Cindy Strike, Senior Planner. Development Review, provided a verbal background pertaining to Report PSD-054-04. (b) Report PSD-054-04 - Headgate Group Inc. - the purpose and effect of this application is to amend the current 'Agricultural (A) Zone' and 'Environmental Protection (EP) Zone' to permit the development of a 35 residential unit Plan of Subdivision consisting of a 29 single detached dwellings, 6 semi-detached dwellings and a public elementary school block and a park block. Pam Callus, 3452 Courtice Rd., Courtice, L 1 E 2L6, appeared before Committee advising Committee that she is opposing the application. She stated that she would like to see an Environmental Impact Study, a Water Shed Study and that staff is to keep with the existing neighbourhood study. She feels that the designated area that was proposed for a school would be on wetland which is not a good area for a school. She also suggested waiting for MNR Comments. No one spoke in support of this application. Mr. Anderson, Headgate Group Inc., 85 Curlew Dr., Suite 107, Toronto, M3A 2P8, appeared before Committee advising that where the school is to be built it is not wet; the water table is high but the land is not wet. PLANNING SERVICES DEPARTMENT Official Plan Amendment And Rezoning Applications to Permit a Spa Resolution #GPA-259-04 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report PSD-053-04 be received: THAT the application submitted by 988925 Ontario Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and 305 . . . G.P. & A. Minutes - 6 - May 17, 2004 THAT all interested parties listed in Report PSD-053-04 and any delegations be advised of Council's decision. "CARRIED" Proposed Plan Resolution #GPA-260-04 Of Subdivision And Zoning By-law Moved by Councillor Robinson, seconded by Councillor MacArthur Amendment Headgate Group THAT Report PSD-054-04 be received; Inc. Proposed Bowmanville Heritage Conservation District Removal of Part Lot Control Clarnew Dev. Inc. THAT the application for proposed Plan of Subdivision S-C-2004-002 and amendment to Zoning By-law 84-63, submitted by Headgate Group Inc. be referred back for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-054-04 and any delegation be advised of Council's decision. "CARRIED" Resolution#GPA-261-04 Moved by Councillor MacArthur. seconded by Councillor Pingle THAT Report PSD-055-04 be received; THAT the Bowmanville Heritage Conservation District Background Study be received as submitted; THAT Staff be directed to provide Council with options on how to proceed based upon the May 10 delegations to Council and May 17 delegations to General Purpose and Administration Committee for consideration at the May 31 Council Meeting; and THAT all interested parties listed in Report PSD-055-04. all property owners within the study area and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-262-04 Moved by Councillor Trim, seconded by Councillor Pingle THAT Report PSD-056-04 be received; 306 " . . . G.P. & A. Minutes - 7 - May 17. 2004 THAT the request for removal of Part Lot Control with respect to Lots 14.15,53,103 to 107, 123. 125, 127, 130 to 133 on Plan 40M-2038 be approved and that the Part Lot Control by-law be passed pursuant to Section 50 (7.1) of the Planning Act attached to Report PSD-056-04; and THAT all interested parties listed in Report PSD-056-04 and any delegations be advised of Council's decision. "CARRIED" Provision of Resolution #GPA-263-04 Easement to the Region of Durham Moved by Councillor Robinson seconded Councillor Foster For Twinning of Existing Sanitary THAT Report PSD-057-04 be received; Sewer THAT the Municipality of Clarington grant an easement over Parts 1,4,5.6,7 and 13 on Plan 10R-1782 to the Region of Durham for the purposes of twinning and existing sanitary sewer; THAT the by-law be attached to Report PSD-056-04 passed to authorize the Mayor and the Clerk. on behalf of the Municipality, to execute an Easement Agreement with the Region of Durham for a nominal fee; THAT the Region of Durham be responsible for all legal. registration, and related costs associated with the grant of easement; and THAT the Region of Durham Works Department be notified of Council's decision. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Resolution #GPA-264-04 Moved by Councillor Schell, seconded by Mayor Mutton THAT Report EDG-31-04 be received for information. "CARRIED" OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. 307 . . . G.P. & A. Minutes - 8 - May 17, 2004 EMERGENCY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT Grant Eligibility Resolution #GPA-265-04 Driftwood Theatre Group Moved by Councillor Schell. seconded by Councillor Trim THAT Report CSD-08-04 be received; THAT Council grant the request for funding from the Driftwood Theatre Group under the Municipal Grant Program; and THAT the amount of $500.00 be paid upon the completion of their scheduled performance at the Visual Arts Centre. "CARRIED" Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT Parking Report January to March 2004 Private Parking Enforcement Resolution #GPA-266-04 Moved by Councillor MacArthur. seconded by Councillor Pingle THAT Report CLD-17-04 be received; and THAT a copy of Report CLD-17-04 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Resolution #GPA-267-04 Moved by Councillor MacArthur. seconded by Councillor Robinson THAT Report CLD-18-04 be received; THAT the by-laws attached to Report CLD-018-04 to appoint parking enforcement officers for private property be forwarded to Council for approval; and 308 " . . . G.P. & A. Minutes - 9 - May 17, 2004 THAT Brian Webster, Jill McMurter. Newton Trelawney Property Management Services, Parkwood Village Condominium Corporation and Securitas Canada be advised of Council's actions. "CARRIED" Clarington Animal Resolution #GPA-268-04 Services - Application for Moved by Councillor MacArthur, seconded by Councillor Schell Adoption of Dogs/Cats THAT Report CLD-19-04 be received; THAT the Application for Adoption of Dogs/Cats attached to Report CLD-19-04 as Attachments 1 and 2. be approved; and THAT Animal Alliance of Canada and the Animal Advisory Committee be advised of Council's decision and forwarded a copy of Report CLD-19-04. "CARRIED" Animal Services Resolution #GPA-269-04 Quarterly Report - January to Moved by Councillor Schell, seconded by Councillor Pingle March 2004 THAT Report CLD-20-04 be received; and THAT a copy of Report CLD-20-04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT RFP2003-18 Architectural Services. Brian McFarlane Hockey Museum Resolution #GPA-270-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report COD-024-04 be received; THAT Barry-Bryan Associates (1991) Ltd., Whitby, Ontario with a total bid in the amount of $141 ,500.00 (including disbursements. plus GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2003-18 be awarded the contract for the Architectural Services for the Brian McFarlane Hockey Museum. as required by the Community Services Department; 309 . . . G.P. & A. Minutes CL2004-3 Demolition Services - 10 - May 17,2004 THAT the funds be drawn from Account #1110-00196-0000. Impact/Escrow Reserve Fund; and THAT the by-law attached to Report COD-024-04 marked Schedule "B" authorizing the Mayor and Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #GPA-271-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report COD-025-04 be received; THAT Hard-Co Construction Ltd., Whitby, Ontario with a total adjusted bid in the amount of $34,975.00 (including GST), being the lowest responsible bidder meeting the terms, conditions and specifications of Tender CL2004-3, be awarded the contract for Demolition Services, as required by the Operations Department; and THAT the total funds be drawn from the General Capital Reserve Account #100-000-2917. "CARRIED" FINANCE DEPARTMENT There were no reports considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the agenda. UNFINISHED BUSINESS OTHER BUSINESS ADJOURNMENT Resolution #GPA-272-04 Moved by Councillor Schell seconded by Councillor Robinson THAT the meeting adjourn at 11 :03 a.m. "CARRIED" 310 GP. & A. Minutes - 11 - May 17. 2004 . {//~ . . 311 MAYOR ERK