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HomeMy WebLinkAbout11/05/2007 General Purpose and Administration Committee Minutes November 5, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 5, 2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance, N. Taylor Deputy Chief, Emergency Services, M. Berney Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to Report PSD-129-07. Councillor Foster indicated that he would be stating a pecuniary interest with respect to Report PSD-127-07. MINUTES Resolution #GPA-612-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the General Purpose and Administration Committee minutes of the regular meeting held on October 22, 2007, be approved. CARRIED General Purpose and Administration Committee Minutes November 5, 2007 PRESENTATIONS There were no presentations. DELEGATIONS Resolution #GPA-613-07 Moved by Councillor Trim, seconded by Councillor Novak THAT the agenda be altered to add Mr. Louis Bertrand to the list of delegations to speak regarding the Energy from Waste and the delegation of Mr. Greg Milosh be removed from the list of delegations as he will be addressing the Committee under the Public Meeting section of the Agenda. CARRIED Louis Bertrand addressed the Committee regarding Energy from Waste. Mr. Bertrand stated there is a false belief that incineration is an acceptable practice in Europe. Mr. Bertrand provided information from the GESDI Report issued in France by a group of experts in opposition of incineration. He reminded the Committee that incineration pollutes the environment and is dangerous to the public’s health and he would not want to see a repeat of the asbestos mistake. He would not like to see the Municipality of Clarington officials forced into accepting an incineration facility. Mr. Bertrand would like to see the 3 R’s endorsed, not incineration, and for the Municipality of Clarington to declare itself as an unwilling host to the incineration facility. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject : Application to Amend the Clarington Zoning By-Law and for Draft Approval of a Plan Subdivision Applicant : 708545 Ontario Limited Reports PSD-123-07 & PSD-124-07 : Susan Ashton, Senior Planner, Planning Services Department, provided a verbal report supported by a PowerPoint presentation pertaining to Reports PSD-123-07 and PSD-124-07. Glen Murphy, IntraCorp Project Limited, informed the Committee his company owns 80 acres directly south of the proposed site plan. He expressed concerns with the layout of connections for the subdivision. He indicated the plans show connections from the north, west and east but nothing from the south. Mr. Murphy informed the Committee that he will be sending a letter later this week to staff and Council indicating that he would like to see the plan include connections from the south. - 2 - General Purpose and Administration Committee Minutes November 5, 2007 No one spoke in support of Reports PSD-123-07 and PSD-124-07. Nick Mensink, Sernas and Associates was in attendance with the applicant and Steve Winter, all of whom were available to answer questions. He stated they believe that by acquiring the additional lands they have been able to improve the plan by removing two culdesacs. They are anxious to move forward on this project. (b) Subject : Application to Amend the Clarington Official Plan Applicant : Municipality of Clarington Report PSD-125-07 : Carlo Pellarin, Manager Development Review, Planning Services Department and Mr. Dan Leeming, Planning Partnership, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-125-07. Mr. Leeming discussed the ten Urbanism Principles and highlighted how those principles have been incorporated into the Secondary Plans for the Brookhill Neighbourhoods. It is anticipated that this model may be used throughout Southern Ontario. Mr. Louis Bertrand addressed the Committee regarding Report PSD-125-07. Mr. Bertrand enquired as to whether or not alternative heating types, such as shared facility hook up, were considered for the proposed development. Mr. Greg Milosh addressed the Committee regarding Report PSD-125-07. Mr. Milosh and his family own land to the north of the proposed subdivision which he purchased 26 years ago. They are in support of the proposed design; although he indicated it needs some fine tuning. He requested that all lands indicated in the proposed Brookhill Neighbourhoods be re-zoned as soon as possible. Mr. Stephen Wimmer, MBTW Group advised the Committee that they support the general principles of the draft document. Mr. Wimmer used visual aids to demonstrate and support their recommendation to carefully consider and limit the laneway widths. Referring to similar neighbourhoods in Oakville and Erin Mills, Mr. Wimmer advised that although wider laneways makes it easier to manoeuvre a vehicle, it creates other safety issues because vehicles travel through the laneway at a higher speed. Mr. Wimmer was unable to comment on issues raised relating to the Highway Traffic Act. Resolution #GPA-614-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 11:30 a.m. - 3 - General Purpose and Administration Committee Minutes November 5, 2007 PLANNING SERVICES DEPARTMENT APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Resolution #GPA-615-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-123-07 be received; THAT the applications for a proposed draft Plan of Subdivision and Zoning By-law Amendment submitted by 708545 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed Report PSD-123-07 and any delegation be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED AMENDMENT TO DRAFT APPROVAL OF A DRAFT APPROVED PLAN OF SUBDIVISION AND A ZONING BY-LAW AMENDMENT APPLICANT: 708545 ONTARIO LIMITED Resolution #GPA-616-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report PSD-124-07 be received; THAT the applications for a proposed amendment to draft approval of a draft approved Plan of Subdivision and Zoning By-law Amendment submitted by 708545 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-124-07 and any delegation be advised of Council's decision. CARRIED PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN & DRAFT BROOKHILL SECONDARY PLAN AND URBAN DESIGN GUIDELINES Resolution #GPA-617-07 Moved by Councillor Trim, seconded by Mayor Abernethy - 4 - General Purpose and Administration Committee Minutes November 5, 2007 THAT Report PSD-125-07 be received; THAT proposed amendment to the Clarington Official Plan and Draft Brookhill Secondary Plan and Urban Design Guidelines be referred back to staff for further processing; and THAT all interested parties listed in Report PSD-125-07 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 18, 2007 Resolution #GPA-618-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-126-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 18, 2007, for applications A2007-0053 to A2007-0056 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED Councillor Foster stated a pecuniary interest with respect to Report PSD-127-07, as the applicant is a member of Councillor Foster wife’s congregation. Councillor Foster refrained from discussions and voting on this matter. OFFICIAL PLAN AMENDMENT TO PERMIT THE SEVERANCE OF A DWELLING RENDERED SURPLUS AS A RESULT OF THE ACQUISITION OF A NON- ABUTTING FARM PROPERTY APPLICANT: ARNOLD GEISBERGER Resolution #GPA-619-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-127-07 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Regional Official Plan (ROPA 2007-0005) as submitted by Arnold Geisberger, to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation, be approved; - 5 - General Purpose and Administration Committee Minutes November 5, 2007 THAT Amendment No. 58 to the Clarington Official Plan as submitted by Arnold Geisberger to permit the severance of a dwelling deemed surplus to the farm operation be adopted as indicated in Attachment 2 to Report PSD-127-07 and that the necessary by-law contained in Attachment 3 to Report PSD-127-07 be passed; and further that the amendment be forwarded to the Regional Municipality of Durham for approval; THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-127-07; and THAT all interested parties listed in Report PSD-127-07 and any delegation be advised of Council's decision. CARRIED REGIONAL CYCLING PLAN STUDY Resolution #GPA-620-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-128-07 be received; THAT the report entitled “Regional Cycling Plan Study” be received by Clarington Council; and subject to appropriate revisions as addressed by the comments in Sections 2.4.4, 2.5.2, 2.5.3 and 2.5.4 contained in the Report, be endorsed in principle; THAT the Regional Development Charges By-law be amended to include a line item for funding critical connections in the Regional Cycling Plan; THAT the Ministries of Public Infrastructure Renewal and Transportation be requested to coordinate a Southern Ontario Cycling Task Force and assist in the funding of Cycling Plans; THAT Staff be authorized to work with the Region and Durham Region Area Municipalities to establish a reasonable and fiscally responsible Regional Cycling Implementation Plan that integrates with existing and anticipated future cycling and road facilities; and THAT all interested parties listed in Report PSD-128-07 and any delegations be advised of Council’s decision. REFERRED BACK TO STAFF (See following motion) - 6 - General Purpose and Administration Committee Minutes November 5, 2007 Resolution #GPA-621-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-128-07 be referred back to staff for a further report on the preferred style of cycling lanes and associated costs. CARRIED Councillor Novak stated a pecuniary interest with respect to Report PSD-129-07, as the subject property is adjacent to her property. Councillor Novak refrained from discussions and voting on this matter. Mayor Abernethy chaired this portion of the meeting. REPORT FOR INFORMATION REGARDING APPLICANT’S APPEAL OF LAND DIVISION APPLICATION LD143/2007 APPLICANT: CARMELA COSCARELLA Resolution #GPA-622-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-129-07 be received; and THAT all interested parties listed in Report PSD-129-07 and any delegation be advised of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting ENGINEERING SERVICES DEPARTMENT CLARINGTON CORNERS SUBDIVISION PHASE 1 STAGE 2B, PLAN 40M-1907 (PART), PHASE 2 STAGE 1, PLAN 40M-2005, AND PHASE 2 STAGE 2, PLAN 40M- 2087, BOWMANVILLE, ‘CERTIFICATE OF ACCEPTANCE’ AND ‘ASSUMPTION BY- LAWS’, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-623-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-056-07 be received; - 7 - General Purpose and Administration Committee Minutes November 5, 2007 THAT the Director of Engineering Services be authorized to issue a ‘Certificate of Acceptance’ for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1907 (part), Plan 40M-2005 and Plan 40M-2087; and THAT Council approve the by-laws attached to Report EGD-056-07, assuming certain streets within Plan 40M-1907, Plan 40M-2005 and Plan 40M-2087 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK’S DEPARTMENT REQUEST FOR EXEMPTION TO TRAFFIC BY-LAW Resolution #GPA-624-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-034-07 be received; THAT the request of Mr. J. Strickland, Tirecraft Auto Centres Ltd, to park a vehicle with a registered gross weight of 7,250 kg on Dadson Drive, Bowmanville, be denied; and THAT Mr. Strickland be advised of Council’s decision . CARRIED ANIMAL SERVICES QUARTERLY REPORT – JULY TO SEPTEMBER, 2007 Resolution #GPA-625-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-035-07 be received; and - 8 - General Purpose and Administration Committee Minutes November 5, 2007 THAT a copy of Report CLD-035-07 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED MEETING INVESTIGATOR – CLOSED MEETINGS Resolution #GPA-626-07 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report CLD-036-07 be received; THAT a by-law be forwarded to Council to appoint Local Authority Services Ltd. (LAS) as the meeting investigator in accordance with section 239.1 of the Municipal Act, 2001 and to provide for a $25.00 requester fee for meeting investigations; and THAT LAS be advised of Council’s decision. MOTION WITHDRAWN Resolution #GPA-627-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CLD-036-07 be referred back to staff for a more detailed report. CARRIED APPOINTMENT OF PRIVATE PROPERTY PARKING ENFORCEMENT OFFICERS Resolution #GPA-628-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CLD-037-07 be received; THAT the by-laws attached to Report CLD-037-07 to appoint Parking Enforcement Officers for private property be forwarded to Council for approval; and THAT CLOCA, P.R.O. Security and Investigation Agency Inc. and Group 4 Securicor be advised of Council’s actions. CARRIED Mayor Abernethy chaired this portion of the meeting. - 9 - General Purpose and Administration Committee Minutes November 5, 2007 CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT 2006 AUDITED FINANCIAL STATEMENTS Resolution #GPA-629-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report FND-021-07 be received; and THAT the 2006 Audited Financial Statements be approved. CARRIED CONFIDENTIAL LEGAL MATTER Resolution #GPA-630-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Confidential Report FND-022-07 be received; and THAT the actions taken as identified in the attachment to Confidential Report FND-022-07 be endorsed. CARRIED CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-631-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Mr. Louis Bertrand be received with thanks. CARRIED - 10 - General Purpose and Administration Committee Minutes November 5, 2007 OTHER BUSINESS ENERGY FROM WASTE – AUTHORIZATION FOR STAFF TO NEGOTIATE Resolution #GPA-632-07 Moved by Councillor Novak, seconded by Councillor Foster WHEREAS the Consultants retained by the Regions of Durham/York (Proponent) to oversee an Environmental Assessment (EA) to site an Energy From Waste (EFW) facility have identified a property located in the Municipality of Clarington as the preferred site for said EFW facility; WHEREAS such EFW facility is to be developed and operating on a date that appropriately relates with the scheduled closure of the U.S./State of Michigan border to all Canadian Municipal residual waste shipments; WHEREAS the Municipality of Clarington believes that the Proponent of the EFW facility shall be fully responsible for all costs and risks associated with the development and operation of the EFW facility; WHEREAS the Ontario Ministry of Environment must approve the Environmental Assessment process which includes a site specific Human Health and Environmental Risk Assessment, and issue to the Proponent a license to operate the EFW facility; WHERES it is standard practice in North America that a Host Community Impact Agreement be entered into between the Proponent and the Host Community for any type of Municipal residual waste processing facility; NOW THEREFORE, the Municipality of Clarington resolves that staff is authorized to undertake without prejudice negotiations with Durham Region and that the Regions of York and Durham are requested to: 1. Agree to protect the health and safety of the residents of Clarington and Durham by incorporating into the design and installation of the EFW facility the most modern and state of the art emission control technologies that meet or exceed the European Union (EU) monitoring and measurement standards. 2. Agree to continue to support an aggressive residual waste diversion and recycling program(s) in order to achieve and exceed, on or before December 2010, a 70 % diversion/recycling rate for the entire Region and such aggressive program(s) shall continue beyond 2010. 3. The Host Community Impact Agreement shall address, but not be limited to, the following major areas of concern and requirements: ? Provide 24/7 emission monitoring systems easily accessible by the public. ? Restrict the quantities, types and sources of waste, ie no City of Toronto waste will be allowed. - 11 - General Purpose and Administration Committee Minutes November 5, 2007 ? Establish a Community Liaison Committee including local Physicians. ? Provide infrastructures to facilitate economic development in Clarington. ? Absorb all Clarington costs that are related to the development and operations of the EFW facility. ? Compensate Clarington for any detrimental costs, if any, associated to an EFW facility sited within Clarington borders. ? Assume all risks and liabilities associated with the EFW facility. ? Provide a royalty and/or revenue sharing arrangement to Clarington for the life of the EFW facility in appropriate amounts and suitably indexed. ? The project shall have no adverse impacts on payments in lieu of taxes. ? No ash from the facility shall be deposited in any landfill site located within Clarington borders. 4. To alleviate the concerns of the people of Clarington and Durham by acknowledging the foregoing and agreeing to negotiate with Clarington in good faith, 5. Staff is directed to forward this resolution to the Regions of York and Durham; FORTHWITH. CARRIED LATER IN THE MEETING (See following motions) Resolution #GPA-633-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the foregoing motion be divided in order to allow for consideration of the third bullet in item 3 separately. CARRIED Resolution #GPA-634-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the third bullet of item 3 of Resolution #GPA-632-07, which reads as follows “The Host Community Impact Agreement include the establishment of a Community Liason Committee including local physicians” be tabled to Council meeting scheduled for Monday, November 12, 2007. CARRIED The balance of Resolution # GPA-632-07 was then put to a vote and carried. - 12 - General Purpose and Administration Committee Minutes November 5, 2007 ADJOURNMENT Resolution # GPA-635-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:41 p.m. CARRIED ~ d/< (/ r- ~ I ~'jJ,/ Oft UTY eLERK '. - 13 -