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Home My WebLink About03/24/2003 1_.... ,I . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee March 24, 2003 ROLL CALL Present Were Also Present: . Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 24, 2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson (until 12:30 p.m.) Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella (until 11 :45 a.m.) Director of Community Services, J. Caruana (until 11 :50 a,m.) Director of Planning Services, D. Crome (until 11 :45 a.m.) Director of Operations, F. Horvath (until 11 :45 a.m.) Director of Corporate Services, M. Marano (until 11 :50 a.m.) Director of FinancefTreasurer, N. Taylor (until 11 :45 a.m.) Divisional Fire Chief, G. Weir (until 11 :45 a.m.) Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay (until 11 ;45 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST MINUTES . There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-129-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 3, 2003 be approved. "CARRIED" 301 . . . G.P. & A. Minutes PRESENTATIONS DELEGATIONS - 2 - March 24, 2003 Mayor Mutton presented Caprice Conners and Holly Armstrong, Student Pages, with a certificate for participating in the Page Program. (a) Mayor Mutton along with Tracy Leonard and Erica Badley from the Community Services Department presented Lori Armour, Heart & Stroke Foundation, 209 Dundas Street E., Suite 201, Whitby, L 1 N 7H8 with a cheque in the amount of $734.50 from Community Services Department fund raiser which took place in February. (b) Mayor Mutton presented Nancy MacMaster, 83 Hobbs Drive, Bowmanville, L 1C 3S1 with a Certificate of Appreciation with respect to her 20 years of participation in the Heart & Stroke Drive. Nancy MacMaster is a valued member of the community. Mayor Mutton commented on the Article in the Canadian Statesman regarding the Bowmanville Eagles looking for a new location. Scott Mackie, owner, Terry Lynch, Manager and Peter Neil, minority owner are negotiating a new contract with Clarington. Resolution #GPA-130-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Fred and Sandy Archibald be added to the list of delegations. "CARRIED" (a) Linda Gasser, 7421 Best Road, Orono, LOB 1MO was disappointed to hear staff recommending approval of Report PSD-033-03. Ms. Gasser felt the approval would be premature before the review of the Official Plan and zoning by-law. She felt a golf course is not agricultural related and the applicants could never meet requirements. If approved, there would be a concern for a precedent. Winery is already a successful venture. Ms. Gasser questioned how would approval of a golf course help the primary agricultural operation. 302 G.P. & A. Minutes - 3- March 24, 2003 . DELEGATIONS CONTD. . PUBLIC MEETING . The Region is undertaking major ground water studies. The total projected usage is close to the daily limit of 50,000 Iitres. She requested that the application be denied, however, if approved, she would like a temporary zoning so that the criteria can be assessed and be addressed where possible. Ms. Gasser would like to see the applicant provide an incentive to comply with all requirements. (b) Gerald Hasiuk, Box 730, Colborne, KOK 1S0 advised that the property at Baseline & Hancock Road has been purchased by MTO. He wanted to thank Council for all their cooperation. Mr. Hasiuk is pursuing the purchase of another property in Clarington. (c) Fred and Sandy Archibald, 6275 Liberty Street N. Bowmanville, L 1 C 3K6 - re: Report PSD-033-03 thanked staff and stated they felt the golf course would be a perfect fit and a unique combination of uses. This application adds charm and will attract residents and visitors to the municipality. Mr. Archibald stated he has a responsibility to the agricultural environment to be creative while still preserving the land. Mr. Archibald also stated in approving this application, Clarington would truly be "leading the way". He reiterated that at no time would they exceed the maximum water limit on any given day. The Conservation Authority is also satisfied with this proposal. 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 application: (a) Clarington Official Plan and Plan of Subdivision Applicant: 699504 Ontario Ltd. (The Kaitlin Group) The Planning Services Department sent public notice for the official plan amendment and amendment to the subdivision application by first class mail on or before February 21, 2003 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. A public notice was also posted on the property in question. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. .. 30 3 G.P. & A. Minutes -4- March 24, 2003 . PUBLIC MEETING CONTD. . (a) Report PSD-029-03 - 699504 Ontario Ltd. (The Kaitlin Group) - the purpose and effect of these applications are to permit the development of 86 single detached dwellings, 32 townhouse units, a medium density condominium block, a separate elementary school and a neighbourhood park. Brian Neilson, 124 West Side Drive, Bowmanville, L 1 C 5A2 representing residents, expressed strong objection and concem with this application. When they purchased their homes on West Side Drive four years ago, they were told there would be a school and park-like setting behind their homes, not more homes. Mr. Neilson stated they were told they were premium lots because of this. This was a major feature and influenced their decision to buy. Since purchasing their homes, there has been an increasingly high volume of traffic along West Side Drive because of the bus route. They were constantly told they would back onto the school and park. The homeowners want to stay with the original proposal with a school and park setting behind their homes. If more homes were built, he stated the increased elevation behind them would cause water concerns and lack of privacy. Mr. Neilson feels there will be a substantial decrease in their property value. He concluded by stating developers should not be allowed to change their plans. Marlon McGlashan, 142 West Side Drive, Bowmanville, L 1 C 5A2 concurred with Mr. Neilson's comments but also stated he did not pay a higher price for the "premium" lot. Kyle Simpson, 126 West Side Drive, Bowmanville, L 1 C 5A2 agreed with Mr. Neilson and added that he purchased his home 2 years ago where the plans showed a school and parkland. Mr. Simpson chose the lot specifically because of that. No extra money was paid because of the premium lot. . Doug Freeman, 132 West Side Drive, Bowmanville, L 1 C 5A2 originally purchased home at Clarington Corners but Kaitlin persuaded him into putting an offer on their existing property on West Side Drive. Although they were concerned with the smaller size of lot on West Side Drive, we were told it was considered to be premium lot backing onto school and park. 304 G.P. & A. Minutes - 5 - March 24, 2003 . PUBLIC MEETING CONTD. Michelle Czarkowski, 116 West Side Drive, Bowmanville, L 1 C 5A2 concurred with previous speakers and stated she purchased property because of the school and park being built behind her property. She approached the Planning Department to verify drawings. Julia Rampersad, 108 West Side Drive, Bowmanville, L 1 C 5A2 concurred with previous speakers but was swayed by the sales office that the property on West Side Drive was a premium lot and this is why she purchased. David Wing, 100 West Side Drive, Bowmanville, L 1 C 5A2 purchased a home in the same development and was told that the school and park would back onto his property. Mr. Wing was concerned with the following issues: . drainage problems on his home; - storm drainage problems where water originates; - safety of construction site; and - dust during construction Dwight Arnold, 118 West Side Drive, Bowmanville, L 1 C 5A2 concurred with previous speakers. Laurie Woods, 122 West Side Drive, Bowmanville, L 1C 5A2 stated she was told the property was premium because of park and school backing onto the property but this is not reflected in the documents. Tony Steeves, 120 West Side Drive, Bowmanville, L 1 C 5A2 was told the lot was a premium lot because of the school and park backing onto the property. Gail Frazao, 112 West Side Drive, Bowmanville, L1C 5A2 was told the lot was premium and agreed with previous speakers. . Kathleen Brenner, 110 West Side Drive, Bowmanville, L 1 C 5A2 concurred that The Kaitlin Group represented the property as being premium and has marketing material which was used to demonstrate this. She felt this was not fair and Kaitlin should be made accountable. 305 G.P. & A. Minutes -6- March 24, 2003 . PUBLIC MEETING CONTD. Joel Sloggett, Manager of Transportation and Planning, Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, K9J 7M3 indicated, on behalf of the School Board, full support with the school site within this subdivision. This application has been underway since 1991 and he fully supports it. There is an urgent need to plan for a new school in Bowmanville and this would be a good addition to the neighbourhood and community, Frontage on two major streets is an advantage. . Kelvin Whalen, The Kaitlin Group, 1029 McNicoll Avenue, Scarborough, M1W 3W6 commented that his company just acquired ownership of the property in November, 2002 and was contacted by the School Board which led to the application. The concerns of drainage will be addressed immediately through engineering designs and the concerns of safety and dust control will be addressed very quickly through the construction phase. Removal of the commercial site may be a possibility because of two existing sites in the area which have remained vacant. A study will be conducted to determine the implications of doing so. The Draft Plan of previous ownership did reflect the school/park in that area. Information provided was current of the day. He did not control property at that time. Mr. Whalen concurred with Staffs recommendation to refer back to staff for further processing. Resolution #GPA-131-03 Moved by Mayor Mutton, seconded by Councillor Robinson THAT Committee recess for ten minutes. "CARRIED" The meeting reconvened at 11 :05 a.m. . Appl. to amend Resolution #GPA-132-03 Clarington Official Plan - Applicant: Moved by Councillor Rowe, seconded by Mayor Mutton 699504 Ontario Ltd. (The Kaitlin THAT Report PSD-029-03 be received; Group) 306 . . . G.P. & A. Minutes - 7 - March 24, 2003 PLANNING SERVICES DEPARTMENT CONTD. THAT the applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96014 submitted by Mr. Kelvin Whalen on behalf of 699504 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-029-03 and any delegation be advised of Council's decision. "CARRIED" Appeals by Resolution #GPA-133-03 Robert and Louise Martin Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report PSD-030-03 be received for information. "CARRIED" Clarington Resolution #GPA-134-03 Official Plan Amendment Moved by Councillor Trim, seconded by Councillor MacArthur Applicant: 767042 Ontario Ltd. THAT Report PSD-031-03 be received; THAT Amendment No. 32 to the Clarington Official Plan to increase the maximum permitted commercial f100rspace for the Neighbourhood Commercial Area at Liberty Street near Lovers Lane from 250 sq. m. to 500 sq. m be adopted as indicated in Attachment 2 to Report PSD-031-03 and that the necessary by-law contained in Attachment 3 to Report PSD-031-03 be passed; THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-035) submitted by Tunney Planning on behalf of 767042 Ontario Limited to permit this proposed development, be approved and that the by-law contained in Attachment 4 to Report PSD-031-03 be passed; THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-031-03; and THAT all interested parties and the Regional Municipality of Durham Planning Department be advised of Council's decision. 307 "CARRIED" G.P. & A. Minutes - 8 - March 24, 2003 . PLANNING SERVICES DEPARTMENT CONTD. Removal of Part Lot Control Applicant The Kaitlin Group Resolution #GPA-135-03 Moved by Councillor Robinson, seconded by Councillor Rowe THAT Report PSD-032-03 be received; THAT the request for Removal of Part Lot Control with respect to Blocks 9,10 and 11 inclusive on 40M-2125 be approved and that the Part Lot Control By-law attached to Report PSD-032-03 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-032-03 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. "CARRIED" . Amend the Resolution #GPA-136-03 Clarington Official Plan Moved by Councillor Rowe, seconded by Councillor Trim Applicant Fredrick and Sandra THAT Report PSD-033-03 be received; Archibald THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Region Official Plan (ROPA 2002-003), as submitted by Frederick and Sandra Archibald to permit a small-scale nine hole golf course as an accessory use to a farm winery, be approved; THAT Official Plan Amendment 31 to the Clarington Official Plan to permit the construction of a small-scale nine hole golf course as an accessory use to a farm winery be adopted as indicated in Attachment No.3 to Report PSD-033-03; THAT the necessary by-law be passed and the amendment be forwarded to the Regional Municipality of Durham for approval; . THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-009) submitted by Frederick and Sandra Archibald to be forwarded to Council for approval and that the necessary By-law be passed as contained in Attachment 4 to Report PSD-033-03; 308 . . . G.P. & A. Minutes -9- March 24, 2003 PLANNING SERVICES DEPARTMENT CONTD. THAT the Durham Planning Department be sent a copy of Report PSD-033-03; and THAT all interested parties and the Regional Municipality of Durham be advised of Council's decision. "SEE FOLLOWING MOTION" Amend the Resolution #GPA-137-03 Clarington Official Plan Moved by Mayor Mutton, seconded by Councillor Pingle Applicant: Fredrick and Sandra THAT Report PSD-033-03 be tabled for one week in order to allow Mr. and Mrs. Archibald to respond to concerns expressed by Linda Gasser and other issues. Retention of Consultant to Peer Review Terms of Reference for Highway 407 Amendments to Durham Region Official Plan "CARRIED" Resolution #GPA-138-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report PSD-034-03 be received for information; and THAT all interested parties listed in Report PSD-034-03 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-139-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT Report PSD-035-03 be received: THAT Report PSD-035-03 be forwarded to the Region of Durham Planning Department as the comments of the Municipality of Clarington on the Region's proposed amendments to the Durham Region Official Plan to bring the Plan into conformity with the Oak Ridges Moraine Conservation Plan; and THAT the Durham Region Planning Department and all interested parties listed in Report PSD-035-03 and any delegation be advised of Council's decision, FORTHWITH. "CARRIED" 309 . . . G.P. & A. Minutes - 10 - March 24, 2003 PLANNING SERVICES DEPARTMENT CONTD. Central Ontario Resolution #GPA-140-03 Smart Growth Panel Discussion Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-036-03 be endorsed as the Municipality's comments on the Discussion Paper "Shape the Future"; and THAT a copy of Report PSD-036-03 be forwarded to the Smart Growth Secretariat, the Ministry of Municipal Affairs and Housing, John O'Toole M.P.P., and the Region of Durham, FORTHWITH. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Monthly Report Resolution #GPA-141-03 on Building Permit Activity Moved by Councillor Trim, seconded by Councillor Robinson for February, 2003 THAT Report EGD-11-03 be received for information. "CARRIED" Resolution #GPA-142-03 Moved by Mayor Mutton, seconded by Councillor Schell THAT leave be granted to introduce the following motion. "CARRIED" Durham College/ Resolution #GPA-143-03 UOIT Transit Service Moved by Mayor Mutton, seconded by Councillor Trim WHEREAS the Region of Durham is implementing a new Durham College/UOIT Transit Service; WHEREAS Clarington has the 3rd highest enrollment distribution along the Durham Lakeshore at 500 students; and WHEREAS the Municipality of Clarington has been left out of the new Durham College/UOIT Transit Loop; 310 . . . G.P. & A. Minutes - 11 - March 24, 2003 ENGINEERING SERVICES DEPARTMENT CONTD. NOW THEREFORE IT BE RESOLVED that the Municipality of Clarington request that the Region of Durham revisit the Transit Loop to include Clarington and that this be copied to the City of Oshawa, OTC and Gary Polonski, FORTHWITH. "CARRIED" OPERATIONS DEPARTMENT There were no items considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT Monthly Response Report January, 2003 Resolution #GPA-144-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report ESD-003-03 be received for information. and Monthly THAT Report ESD-004-03 be received for information. Response Report February,2003 "CARRIED" COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT Animal Services Resolution #GPA-145-03 Monthly Report for February, 2003 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-12-03 be received for information; and 311 . . . G.P. & A. Minutes - 12 - March 24, 2003 CLERK'S DEPARTMENT CONTD. THAT a copy of Report CLD-12-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Livestock Damage Resolution #GPA-146-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CLD-13-03 be received for information. "CARRIED" Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Lease Agreement Resolution #GPA-147-03 Lions Club, Clarington Beach Moved by Councillor Trim, seconded by Councillor Robinson Centre THAT Report COD-007-03 be received; and THAT the offer from the Lions Club be rejected; and THAT the municipality enter into discussions with the Clarington Beech Centre Association to determine if there is a potential need for the space. "CARRIED" Oshawa/Clarington Resolution #GPA-148-03 Association for Community Moved by Councillor MacArthur, seconded by Councillor Pingle Living THAT Report COD-008-03 be received; THAT the Lease agreement (Attachment #1 to Report COD-008-03) with the Oshawa/Clarington Association for Community Living in the amount of $10,385.00 per annum for one (1) year term be approved; THAT the Lease agreement (Attachment #2 to Report COD-008-03) with the John Howard Society in the amount of $10,385.00 per annum for one (1) year term be approved; and 312 . . . G.P. & A. Minutes - 13- March 24, 2003 CORPORATE SERVICES DEPARTMENT CONT'D. THAT the By-laws marked Attachment #3 and Attachment #4 to Report COD-008-03 be approved authorizing the Mayor and the Clerk to execute the necessary agreements. "CARRIED" Confidential Resolution #GPA-149-03 Report - Personnel Matter Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Report COD-009-03 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" FINANCE DEPARTMENT Mayor & Resolution #GPA-150-03 Councillors Remuneration Moved by Councillor Schell, seconded by Councillor Rowe and Expenses for 2002 THAT Report FND-007-03 be received for information. "CARRIED" Tax Reductions and Write-offs for 2002 Resolution #GP A-151-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report FND-008-03 be received for information. "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Confidential Verbal Report - Personnel Matter Resolution #GPA-152-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT a Confidential Verbal Report of the Chief Administrative Officer pertaining to a Personnel Matter be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" 313 . . . GP. & A. Minutes - 14 - March 24, 2003 UNFINISHED BUSINESS OTHER BUSINESS Confidential Reports Pertaining to Personnel Matters Resolution #GPA-153-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Mr. Hasiuk be thanked for his comments during his delegation. "CARRIED" Councillor Trim advised that he attended the All Ontario Hockey Championship on the weekend wherein the Orono Midget B won the Championship. Resolution #GPA-154-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to allow for consideration of Confidential Report COD-009-03 regarding a personnel matter and the verbal Confidential Report of the Chief Administrative Officer pertaining to a personnel matter. "CARRIED" Resolution #GPA-155-03 Moved by Councillor Schell, seconded by Councillor Pingle THAT the actions taken at the "closed" meeting be ratified. "CARRIED" 3 I 4 . . . G.P. & A. Minutes ADJOURNMENT - 15- March 24, 2003 Resolution #GPA-156-03 Moved by Councillor Schell, seconded by Councillor Pingle THAT the meeting adjourn at 12:40 p.m. "CARRIED" MAYOR ~5k~ . DEPU LERK ~\5