Loading...
HomeMy WebLinkAbout12/01/2008 L!gJ,m~WH qm;mgtnn General Purpose and Administration Committee Minutes December 1, 2008 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, December 1, 2008 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim CouncillorW. Woo Chief Administrative Officer, F. Wu Purchasing Manager, Corporate Services, J. Barber Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, Dennis Hefferon (arrived at 11 :00 a.m.) Director of Operations, F. Horvath Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak advised that on Tuesday, November 25th the Energy From Waste Site Liaison Committee held it's first meeting. Members were provided background information on the process from the beginning to date. Councillors Novak, Foster and Trim and Mayor Abernethy attended the meeting. ~ Minutes General Purpose and Administration Committee Minutes December 1, 2008 Councillor Hooper advised of the following upcoming events: . December 1st the CPR Holiday Train is scheduled to arrive in Bowmanville at 9:00 p.m. and there will be drop off stations for local food banks and live entertainment. . December 3rd is the Farmers Parade of Lights. . Thursday, December 18th the Clarington Older Adults Association will be hosting their Christmas Dinner and Dance. . December 5th will be the Annual Tree Lighting Ceremony in Bowmanville. Councillor Foster attended the Zero Waste Public Information Session on Thursday, November 25th at the Faith United Church. Over one hundred citizens attended this public information session. Councillor Woo advised the Committee of the following: . "Christmas in the Country" a three day self guided shopping tour was held on November 28th - 30th. This event has grown to 15 locations near Tyrone, Enniskillen, Hampton and Orono. . Phoenix Transportation has now relocated to Port Darlington Road, and Phoenix Transportation thanked Council for the time extension for compliance which allowed them to find their new location. Mayor Abernethy announced the following events: . Friday November 26th was the Staff Christmas and Awards dinner. In total there were over 580 years of long-term service recognized. He thanked Frank Wu, CAO and his staff for the work in organizing this event. . On Thursday, November 27th he and members of staff met with the Honourable George Smitherman, Minister of Energy and Infrastructure, regarding the OPG New Build and to begin building a relationship regarding the infrastructure requirements for the next few years. Mayor Abernethy thanked Councillor Novak for her past year of service as Deputy Mayor, and welcomed back Councillor Trim to the position of Deputy Mayor. MINUTES Resolution #GPA-658-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on November 17, 2008, be approved; and - 2 - ~ :j Minutes General Purpose and Administration Committee Minutes December 1, 2008 THAT the minutes of the special meeting of the General Purpose and Administration Committee held on November 21, 2008, be approved. CARRIED PRESENTATIONS Dave Hardy, Hardy Stephenson & Associates Ltd., addressed the Committee regarding Report PSD-126-08, Municipal Peer Review on the Port Granby Project. Mr. Hardy stated the plant in Port Hope has been in existence since 1955 and continued to the late 1980's. One of the concerns with the Port Granby site is leachate in the soil. Mr. Hardy informed the Committee over 400,000 cubic meters of waste needs to be moved to the new facility and the report has gone through an extensive review process. The Addendum reflects the continuation of the regulatory review process and addresses questions that are important to the overall design of the Long-Term Waste Management Facility. He informed the Committee of the components to the Addendum Report which are: groundwater flow modeling and analysis, water treatment requirements and technologies, bluff seepage, and public and worker dose calculations. Mr. Hardy stated the Addendum also provides a sufficiently comprehensive assessment of the environmental affects of the Port Granby Project. The Municipal Peer Review Team is satisfied with the EA process to date. The final steps are to finalize the Draft Screening Report which will include having the Federal, Provincial governments and the public review and comment on this Report. Mr. Hardy informed the Committee there are two stages to this process: one to clean up the site to the Canadian Health Standards and the second to return the site back to its natural state, which is expected to take approximately 50 years. The Ganaraska Conservation Authority will be performing an up-stream and down-stream monitoring of the water. DELEGATIONS Alfred Frendo-Cumbo addressed the Committee regarding Report CLD-033-08. He informed the Committee he had researched the By-law and felt confident that he would not be in violation as his truck would not exceed the weight restriction outlined in the By-law. He stated the truck in question has never been parked in his driveway with a load. He has honoured the request of the By-law Division and has not parked his truck in his driveway until he was able to address the Committee with his concerns. Parking elsewhere has created an inconvenience and undue financial burden and stress on him. Mr. Frendo-Cumbo would like to see this issue addressed so it does not escalate to a dispute between he and the Municipality. He inquired if there are other vehicles parked within the Municipality that are not complying with this By-law and have not been addressed. Mr. Frendo-Cumbo stated his solution is just a temporary one and he will continue to look for a permanent place to park the truck but for now would like to have the Committee allow him to park it in his driveway. - 3 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 ~ Mary Flynn-Guglietti addressed the Committee regarding Addendum to Report PSD-077-08. Ms. Flynn-Guglietti informed the Committee that a number of motions brought forward in the past had failed which resulted in the proposal being sent back to staff for further review. This application process has been on-going for seven years. She thanked staff for considering the applicant's concerns as well as the concerns of the Municipality. Ms. Flynn-Guglietti informed the Committee that the Addendum Report raises matters of great concern. She would like to see the following amendments to Addendum 2 to Report PSD-077-08: . Attachment #1 Actual Amendment 1.c) amended to delete the six year reference to construction of a hotel for the location, if the applicant can show they are actively pursuing a hotel. . Attachment #2 2.d.ii) amended to reflect an increase to 2790 square meters to the floor area which would allow for more flexibility and still not undermine the downtown core. . Attachment #2 2.d.i) the reference to hotel be deleted in it's entirety, as it currently states the area for the hotel is 3.5 acres and the hotel would only occupy 1 acre which would leave 2.5 acres vacant if they were unable to secure a hotel for the property. Linda Gasser addressed the Committee regarding the Procedural By-law amendments. Ms. Gasser has concerns the democracy and public access to Committee and Council is being dismantled. The change in the length of time for delegations from ten minutes to five does not allow the delegate sufficient time to express their concerns and not allowing the public to speak at Council regarding issues not on the agenda is not fair to citizens who are not able to make it to the General Purpose and Administration meetings held during the day. Ms. Gasser believes that part of the public's responsibility is to help educated Council on issues they may not be familiar with or have the time to investigate therefore helping Council to perform their due diligence. She expressed concerns regarding the two individuals who were banned from making future delegations until an apology was received and feels this may be an extension of the Mayor's inexperience in handling public opposition to matters. She requested that Council defeat the Procedural By-law amendment scheduled for consideration at the Council meeting scheduled for Monday, December 8th. Linda Gasser spoke to the Committee regarding Public Consultation and Public Information Sessions. Ms. Gasser would like to know how long the Municipality will wait to hear from the Region as to whether or not they would be willing to participate in a Public Information Session on the Energy From Waste issue. Ms. Gasser has concerns with the estimated costs for the Public Information Sessions which were presented to Council earlier this year. She stated the estimated costs for such a session could be reduced even more if Council were to let the public help promote and organize the event. She informed the Committee some residents took it upon themselves and organized an information session on Thursday, November 2ih, regarding the Provincial Zero Waste initiatives and the Incinerator EA Study. This event was attended by Councillors Woo, Foster and Hooper as well as Whitby Regional Councillor Don Mitchell. Over one hundred citizens attended this session and two guest speakers; Dr. -4- Minutes General Purpose and Administration Committee Minutes December 1, 2008 Sean Godfrey, Chief of Pediatrics at Lakeridge Health Oshawa and Ms. Claudia Marsales, Manager Waste Management from the Town of Markham. She noted that neither of these two guest speakers charged a fee for attending this session. The total cost for this event was $228.22. Ms. Gasser would like to know what Council will be doing before the Region of Durham adopts the EA study at their June 24, 2009 meeting. Richard Ward addressed the Committee regarding the Property Standards Order issued on his property. He stated that he is trying to comply with this Order but feels the requests keep changing and he is unable to comply. He has suffered some health issues recently which has set him back. Mr. Ward has concerns the complaint is solely based on a complaint from one individual and there are properties in worse conditions than his. He stated he is unable to get a fair hearing in court as the Solicitor for the Municipality raises issues in court that are unfair and fabricated. He stated there may be ulterior motives and does not want his delegations to be received with thanks. He wants a legitimate investigation done. Councillor Foster raised a point of order with respect to comments by Mr. Ward regarding the Municipality's Solicitor. Nadia McLean-Gagnon was called but was not in attendance. Elva Reid addressed the Committee regarding Report CLD-031-08, Kendal Crown Lands. Ms. Reid informed the Committee the lands were protected by the Province in the early 1960's. She expressed concerns with trespassing, safety problems associated with these lands, and because the population has doubled the lands have become more important. Ms. Reid advised that a public meeting had been held recently by the Ontario Federation of Anglers and Hunters regarding the plans for the property and indicated that more people would have attended this meeting if they had been better informed. She would like to see the lands included with the review of the Municpal Official Plan. Ms. Reid requested the Committee take more time to find out how these lands could be best used to serve the community, what use the community would like to see for the lands, and what does the Ministry of Natural Resources have planned for the lands. She requested that the By-law not be repealed at this time. Resolution #GPA-659-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the Committee recess for 10 minutes. CARRIED Meeting reconvened at 11 :18 p.m. -5- Minutes General Purpose and Administration Committee Minutes December 1, 2008 Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Clarington Official Plan and Zoning By-law and Approve a Draft Plan Subdivision Far Sight Investments Limited PSD.124.08 Applicant: Rep9rt: Susan Ashton, Senior Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-124-08. No one spoke in support of or opposition to Report PSD-124-08. Bob Schickedanz, co-owner of the property was present along with Rick Schickedanz (co-owner) and Nick Mensink, Sernas Associates, to address any questions or concerns raised at the Public Meeting. Mr. Schickedanz advised the Committee that he concurs with the recommendations contained in Report PSD-124-08, and is looking forward to working with staff to resolve any outstanding issues. There were no questions or concerns raised during the Public Meeting. (b) Subject: Application to Amend the Zoning By-law and for Draft Plan of Subdivision West Diamond Properties and Players Business Park Ltd. PSD.125-08 Applicant: Report: Cynthia Strike, Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-125-08. No one spoke in support of or opposition to Report PSD-125-08. Kate Cooper and Bob Abraham, Metrus Development Inc. were present on behalf of the applicant to address any concerns or questions raised at the Public Meeting. They provided the Committee with a verbal update supported by a PowerPoint presentation of the proposed development. Ms. Cooper thanked staff for their time and effort in this collaborative process. Ms. Cooper acknowledged that the Planning Staff has a number of concerns and the applicant is going to continue to work with staff to resolve these concerns. Mr. Abraham advised the design of the development was done to be a grid pattern with mixed types of houses and roads. This development will have sidewalks on both sides and plenty of green space. There will be common frontage for this development in the way of parks and there will be walkways to the valley lands to the east of the development. Mr. Abraham stated he does not believe parking will be an issue for the proposed development but acknowledged there may be concerns with properties fronting the park. The concerns raised regarding visitor parking will be addressed during the design stage. There were no questions or concerns raised during the Public Meeting. -6. Minutes General Purpose and Administration Committee Minutes December 1, 2008 PLANNING SERVICES DEPARTMENT REVISED APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT AND FOR AN OFFICIAL PLAN AMENDMENT TO DELETE A PUBLIC ELEMENTARY SCHOOL SYMBOL, INCREASE THE VINCENT MASSEY NEIGHBOURHOOD UNIT ALLOCATION AND POPULATION APPLICANT: FAR SIGHT INVESTMENTS LIMITED Resolution #GPA-660-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-124-08 be received; THAT applications to amend the Clarington Official Plan and Zoning By-law and for a proposed draft plan of subdivision, submitted by Far Sight Investments Ltd., continue to be reviewed to address outstanding issues; and THAT all interested parties listed in Report PSD-124-08 and any delegations be advised of Council's decision. CARRIED PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT 426 RESIDENTIAL UNITS APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS PARK LTD. Resolution #GPA-661-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-125-08 be received; THAT the application for proposed Plan of Subdivision S-C-2004-004 and Zoning By-law Amendment ZBA 2004-049 submitted by West Diamond Properties Inc. and Players Business Park Ltd. continue to be processed; and THAT all interested parties listed in Report PSD-125-08 and any delegations be advised of Council's decision. CARRIED -7- ~ Minutes General Purpose and Administration Committee Minutes December 1,2008 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 13, 2008 Resolution #GPA-662-08 Moved by Councillor Hooper, seconded by Councillor Trim ;\1 'I, , THAT Report PSD-127-08 be received; and THAT Council does not concur with the decision of the Committee of Adjustment made on November 13, 2008 for application A2008-0033 and authorizes staff to appeal the decision to the Ontario Municipal Board. CARRIED MINUTES OF SETTLEMENT FOR APPEAL OF MINOR VARIANCE FOR PAUL AND SHARON JEFFERSON Resolution #GPA-663-08 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-128-08 be received; THAT Council approve the Minutes of Settlement between Paul and Sharon Jefferson and the Municipality of Clarington contained in Attachment 2 to Report PSD-128-08; THAT the By-law authorizing the Mayor and Clerk to execute the Minutes of Settlement contained in Attachment 3 to Report PSD-128-08 be approved; and THAT the Municipality's Solicitor and staff be authorized to present the Minutes of Settlement to the Ontario Municipal Board to request that the Board approve the amendments to the decision of the Committee of Adjustment. CARRIED REGIONAL OFFICIAL PLAN AMENDMENT TO PERMIT THE SEVERANCE OF A DWELLING THAT WILL BE RENDERED SURPLUS AS A RESULT OF THE ACQUISITION OF A NON-ABUTTING FARM PROPERTY APPLICANT: TERI E. BELL Resolution #GPA-664-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-129-08 be received; - 8 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 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 2008-0002) as submitted by Teri E. Bell, to permit the creation of a new lot for an existing dwelling that will be rendered surplus as a result of the acquisition of a non-abutting farm property, be approved; THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-129-08; and THAT all interested parties listed in Report PSD-129-08 and any delegations be advised of Council's decision. CARRIED AMENDMENT TO APPLICATION FEES BY-LAW PLANNING AND DEVELOPMENT APPLICATIONS Resolution #GPA-665-08 Moved by Councillor Woo, seconded by Councillor Foster THAT Report PSD-131-08 be received; and THAT the By-law Amendment (Attachment 1 to Report PSD-131-08), detailing the specific amendments to By-law 96-032, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, as amended, be approved. CARRIED APPEAL OF OFFICIAL PLAN AMENDMENT 60 - BROOKHILL SECONDARY PLAN Resolution #GPA-666-08 Moved by Councillor Woo, seconded by Mayor Abernethy THAT Report PSD-132-08 be received for information. CARRIED PORT GRANBY PROJECT - EXTENSION OF CONTRACT FOR MUNICIPAL PEER REVIEW SERVICES Resolution #GPA-667-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PS D-126-08 be received; -9- Minutes General Purpose and Administration Committee Minutes December 1, 2008 THAT the existing contract with Hardy Stevenson & Associates Limited, Toronto for Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste Management Project, be extended to the end of 2010; THAT the total funds required be expensed to Account 100-50-385-10175-7160; THAT the By-law attached to Report PSD-126-08, as Attachment 1, authorizing the Mayor and Clerk to execute the agreement, be approved; and THAT all interested parties be advised of Council's decision. CARRIED Resolution # GPA-668-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the agenda be altered to consider Addendum 2 to Report PSD-077-08 at this time. CARRIED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO PERMIT A WIDER RANGE OF COMMERCIAL USES Resolution #GPA-669-08 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-077-08 be lifted from the table; THAT the Addendum and Addendum 2 to Report PSD-077-08 be received; THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a wider range of commercial uses on the lands owned by Bowmanville Creek Developments Inc. be approved as indicated in Attachment 1 to Addendum 2 to Report PSD-077-08 and that the necessary by-law (Attachment 1 to Addendum 2 to Report PSD-077-08) be passed; THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as amended, be approved and that the by-law as contained in Attachment 2 to Report PSD-077-08 be passed; THAT, subject to Recommendation 6 of this Resolution, an exception to the Municipality's policy and practice be granted to provide for a private open space area within the valley lands on an area of approximately 1.6 hectares, provided that a hotel containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15; -10 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 THAT, prior to adopting the proposed amendments, an agreement of purchase and sale be made between the applicant and the Municipality to the satisfaction of the Municipality's Solicitor providing for the transfer of the fee simple interest and possession of the lands zoned (H) EP-16 for nominal consideration if six (6) years following the date when the zoning by-law comes into effect a hotel which satisfies Recommendation 5 of this Resolution has not been constructed on the lands zoned (H) C5-15; THAT an appropriate by-law be passed for the Mayor and Clerk to execute an agreement; THAT copies of the Addendum and Addendum 2 to Report PSD-077 -08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Addendum 2 to Report PSD-077-08 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motions) Resolution #GPA-670-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT the foregoing Resolution #GPA-669-08 be amended to add the following paragraph: "THAT the draft by-law (Attachment 2 to Addendum 2 to Report PSD-077-08) be amended to delete 2. Section 20.4.15 d., thus deleting the restrictions imposed upon uses of buildings unless a building permit has been issued for a hotel". MOTION LOST Resolution #GPA-671-08 Moved by Councillor Woo, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-669-08 be amended to add the following: "THAT the Director of Planning Services continue to work with the developer to define the appropriate hotel area on the subject lands; and THAT the draft by-law Attachment 2 to Addendum 2 to Report PSD-077-08 be amended to delete 2. 20.4 15 d. i) (dealing with restrictions imposed upon uses of buildings unless a building permit has been issued for a hotel) and replace it with a new C-5 zone that only permits a hotel." CARRIED - 11 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 Resolution #GPA-672-08 Moved by Councillor Foster, seconded by Councillor Woo THAT the foregoing Resolution #GPA-669-08 be amended to add the following: "THAT the draft by-law, Attachment 2 to Addendum 2 to Report PSD-077-08 be amended to allow 30,000 square feet in aggregate across both zones as referenced in 1.20.4.14 d. ii) and 2. 20.4.15 d. iii) and iv)." CARRIED The foregoing Resolution #GPA-669-08 was then put to a vote and carried as amended. Resolution #GPA-673-08 Moved by Councillor Woo, seconded by Mayor Abernethy THAT the Committee recess for half an hour. CARRIED The meeting reconvened at 1 :27 p.m. Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT VALIANT SUBDIVISION PHASE 3, BOWMANVILLE PLAN 40M-2020 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-674-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-052-08 be received; 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-2020; and THAT Council approve the by-laws attached to Report EGD-052-08, assuming certain streets within Plans 40M-2020 and 40R-20151 as public highways. CARRIED -12 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 ASPEN SPRINGS SUBDIVISION PHASE 2B, PLAN 40M-1734 (PART OF), BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-675-08 Moved by Councillor Trim, seconded by Councillor Woo THAT Report EGD-053-08 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include roads and other related Works, constructed within Plan 40M-1734; and THAT Council approve the by-laws attached to Report EGD-053-08, assuming certain streets within Plan 40M-1734 as public highways. CARRIED FRONT-ENDING AGREEMENT BETWEEN SCHICKEDANZ BROS. LIMITED AND THE MUNICIPALITY OF CLARINGTON: DELETION FROM THE TITLE TO LOTS 13 TO 18 ON REGISTERED PLAN OF SUBDIVISION 40M-2094 Resolution #GPA-676-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-054-08 be received and approved; and THAT Council pass a by-law (Attachment 1 to Report EGD-054-08) to authorize the Mayor and Municipal Clerk, on behalf of the Municipality of Clarington, to enter into the agreement with 511060 Ontario Limited which is referred to in paragraph 2.1 of Report EGD-054-08 and to authorize the Municipality's Solicitor to take all necessary steps to register the agreement on the title to Lots 13 to 18, inclusive, shown on registered Plan of Subdivision 40M-2094. CARRIED .13 - ~ MinuteS ... ....^^.... General Purpose and Administration Committee Minutes December 1, 2008 Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT HEAVY RAIN EVENTS 2008 Resolution #GPA-677-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report OPD-009-08 be received for information. CARRIED EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT MUNICIPAL GRANT REVIEW Resolution #GPA-678-08 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report CSD-024-08 be received; THAT the revised Community Grant Policy (Attachment #1 to Report CSD-024-08) and Community Grant Application Form (Attachment #2 to Report CSD-024-08) be approved; THAT funding requests historically received through the Municipal Grant Program from the Newcastle Community Hall, Community Care Durham-Clarington and the Clarington Older Adult Association be re-directed to the Municipal budget process; THAT funding of the Municipal Grant Program of $1 per capita be preserved; and THAT requests from Community Organizations for financial assistance or for the waiving of fees for Municipal Recreation Facilities received by the Clerks Department be forwarded directly to the Community Services Department for an eligibility review and report to the General Purpose and Administration Committee. CARRIED AS AMENDED (See following motions) .14 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 Resolution #GPA-679-08 Moved by Councillor Novak, seconded by Councillor Trim THAT the foregoing Resolution #GPA-678-08 be amended to add: "THAT an exception to the Grant Policy be approved to extend the funding to the Rotary Club to 2010." MOTION WITHDRAWN Resolution #GPA-680-08 Moved by Councillor Novak, seconded by Councillor Trim THAT the foregoing Resolution #GPA-678-01 be amended to add: "THAT $5,000 be removed from the Grant Program funds and transferred to Corporate Services to be applied only to the assistance in funding of Canada Day Celebrations"; and THAT paragraph 4 of this Resolution be amended to add "less $5,000 transfer to Corporate Services" immediately following "$1 per capita." CARRIED The foregoing Resolution #GPA-678-08 was then put to a vote and carried as amended. CLARINGTON OLDER ADULT ASSOCIATION STRATEGIC PLAN Resolution #GPA-681-08 Moved by Mayor Abernethy, seconded by Councillor Novak THAT Report CSD-025-08 be received for information. CARRIED DECOMMISIONING NEWCASTLE LIONS POOL Resolution #GPA-682-08 Moved by Councillor Trim, seconded by Councillor Foster THAT Report CSD-026-08 be received; THAT staff be authorized to take the necessary action to decommission the Newcastle Lions Pool; - 15 . Minutes General Purpose and Administration Committee Minutes December 1,2008 THAT the property be transferred to the Municipal Parkland Inventory; THAT staff be authorized to liaise with the Lions Club of Newcastle in designing and dedicating an appropriate commemorative plaque; THAT all necessary funds be drawn from the proposed 2009 Newcastle Lions Pool operating budget; and THAT the Lions Club of Newcastle be advised of action taken. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT KENDAL CROWN LAND Resolution #GPA-683-08 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report CLD-031-08 be referred back to the Municipal Clerk for a further report to clarify the matters raised by Elva Reid at today's meeting, including: · What use of these lands would best serve the community? · What use would the community like? · What does the Ministry of Natural Resources plan to do with the lands? CARRIED REPEAL OF HERITAGE DESIGNATION BY-LAW Resolution #GPA-684-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CLD-032-08 be received; THAT the by-law attached to Report CLD-032-08 as Attachment NO.1 to repeal the designation of 25-27 King Street West, Bowmanville, be forwarded to Council; -16. . Minutes General Purpose and Administration Committee Minutes December 1, 2008 THAT the Municipal Clerk be authorized to carry out all actions necessary to complete the process of repealing the property designation pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18 and detailed within Report CLD-032-08; and THAT the property owner, the Clarington Heritage Committee and the Ontario Heritage Trust be advised of Council's decision. CARRIED ZONING INFRACTION - KINGSVIEW COURT, COURTlCE- MR. ALFRED FRENDO-CUMBO Resolution #GPA-685-08 'I Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-033-08 be received; THAT the weight restriction contained in Section 3.16(g) of the Municipality's Zoning By-law 84-63, as amended, be upheld on Kingsview Court, Courtice; and THAT Alfred Frendo-Cumbo be advised of Council's decision. CARRIED SCHEDULE OF MEETINGS - 2009 - 2010 Resolution #GPA-686-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report CLD-034-08 be received; and THAT the meeting schedule for 2009 and 2010 be amended as reflected in Attachment No.1 to Report CLD-034-08. CARRIED PROPOSED IDLING CONTROL BY-LAW Resolution #GPA-687-08 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CLD-035-08 be received; THAT the By-law to prohibit excessive vehicle idling, attached to Report CLD-035-08, be forwarded to Council for approval; and -17 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 That the interested parties listed in Report CLD-035-08 be advised of Council's decision. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT 2007 AUDIT MANAGEMENT LETTER COMMENTS AND RECOMMENDATIONS Resolution #GPA-688-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report FND-030-08 be received; and THAT the actions taken as identified in the attachment to Report FND-030-08 be endorsed. CARRIED NOT SUFFICIENT FUNDS (NSF) FEES INCREASE Resolution #GPA-689-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report FND-031-08 be received; THAT Council approve the NSF fee increase to $35.00, effective January 1, 2009; and THAT Council approve a charge of $35.00 for refund cheques to Mortgage Companies effective January 1, 2009. CARRIED - 18 - Minutes General Purpose and Administration Committee Minutes December 1, 2008 CHIEF ADMINISTRATIVE OFFICE OPG NUCLEAR NEW BUILD Resolution #GPA-690-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CAO-011-08 be received; THAT the Chief Administrative Officer be authorized to enter into discussions with Ontario Power Generation with the objective of securing an agreement to address various municipal requirements, financial and otherwise, as related to the New Nuclear New Build project; and THAT the CAO report back at the appropriate time for Council's consideration when a tentative agreement is reached. CARRIED UNFINISHED BUSINESS APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT, ZONING BY.LAW AMENDMENT APPLICANT: BARR'S DEVEOPMENTS LIMITED , , Resolution #GPA-691-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Addendum to Report PSD-076-08 be moved to the end of the meeting to be considered in a closed session. CARRIED PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON CATHOLIC DISTRICT SCHOOL BOARD SURPLUS PROPERTY SALE ST. STEPHEN'S ELEMENTARY SCHOOL Resolution #GPA-692-08 Moved by Councillor Woo, seconded by Councillor Novak THAT Addendum to Report PSD-111-08 be received; I -19 - ~ ! Minutes General Purpose and Administration Committee Minutes December 1, 2008 ~ THAT the Peterborough Victoria Northumberland and Clarington Catholic District School Board be advised that the Municipality of Clarington declines the Offer to Purchase the St. Stephen's Elementary School, 80 Rhonda Boulevard, Bowmanville; and I j THAT the Peterborough Victoria Northumberland and Clarington Catholic District School Board and all interested parties be notified of Council's decision. CARRIED RFP2008-9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF TOTAL HOCKEY TRADE MARK Resolution #GPA-693-08 Moved by Councillor Trim, seconded by Councillor Foster THAT Addendum to Report COD-069-08 be received; THAT the Request for Proposal, RFP2008-9 process for the sale ofTotal Hockey Assets and lease of the Total Hockey Official Mark be cancelled and the proponents be advised accordingly; THAT the artifacts be stored and staff review the options with respect to the disposition of the artifacts and report back to Council with a recommendation, at the appropriate time; THAT the requirements of the Purchasing By-law be waived; and THAT staff be authorized to explore opportunities for the licensing or release of the Total Hockey Official Mark and report back to Council with a recommendation, at the appropriate time. CARRIED LATER IN THE MEETING Councillor Novak raised a Point of Order regarding statements made by Mayor Abernethy. Resolution #GPA-694-08 Moved by Councillor Novak, seconded by Councillor Trim THAT the meeting be "closed" in accordance with Section 239 (2) (b) & (f) to discuss a matter about identifiable individuals and seek advise from the Solicitor that is subject to solicitor - client privilege. CARRIED The meeting resumed in open session at 4: 11 pm. - 20- Minutes General Purpose and Administration Committee Minutes December 1, 2008 RISE AND REPORT Mayor Abernethy reported that one item was discussed in closed session in accordance with Section 239 (2) of the Municipal Act, 2001, as amended and no resolutions were passed. The foregoing Resolution #GPA-693-08 was then put to a vote and carried. DELEGATION - LINDA GASSER - REGARDING PROCEDURAL BY-LAW AMENDMENTS Resolution #GPA-695-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Linda Gasser be received for information. CARRIED DELEGATION - LINDA GASSER - REGARDING PUBLIC CONSULTATION Resolution #GPA-696-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the delegation of Linda Gasser be received with thanks. CARRIED DELEGATION - RICHARD WARD - REGARDING PROPERTY STANDARDS ORDER Resolution #GPA-697-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Mr. Richard Ward be denied from making any future delegations to Committee or Council pending receipt of a letter acknowledging that he will not make slanderous comments during his delegation. CARRIED - 21 . Minutes General Purpose and Administration Committee Minutes December 1, 2008 OTHER BUSINESS LOTTERY LICENSING - REQUEST FOR PROCESS STREAMLINING Resolution # GPA-698-08 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS The Executive Council, under the recommendation of the Lieutenant Governor, issued Order in Council 1413/08 regarding lottery schemes; AND WHEREAS the Order in Council 1413/08 provides the Municipality the option to issue lottery licences provided that those licences are issued within the Registrar's requirements, the proceeds from the lottery scheme will be used for a charitable objects or purposes providing a direct benefit to the residents of Ontario, and the proposed event will be conducted in accordance with the Gaming Control Act, 1992 and its regulations; AND WHEREAS By-law 94-30, as amended, provides for the licensing of lottery events within the Municipality of Clarington; AND WHEREAS charitable organizations within our community rely heavily on volunteers from the community at large in order to organize their various functions and activities; AND WHEREAS many of our charitable works within our community are funded through various lottery activities; AND WHEREAS the regulations set forth by the Alcohol and Gaming Commission of Ontario are very onerous, strict and time consuming for the charitable organizations and the lottery licensing officers within the Municipal Clerk's Department; AND WHEREAS it is understood that these strict rules are enforced to ensure that the lottery proceeds are applied towards approved charitable works; AND WHEREAS the charitable organizations are finding it increasingly difficult for their volunteers to take on the necessary functions to comply with the AGCO's Terms and Conditions respecting lottery events; AND WHEREAS in 2005 the AGCO initiated a project to modernize charitable gaming with the focus being on eight key areas for review including "streamlinig/simplifying administration"; AND WHEREAS staff have previously submitted comments and recommendations, in response to the AGCO's survey, a component of their modernizing project, proposing options for streamlining and simplifying the application and reporting process; - 22 - j Minutes General Purpose and Administration Committee Minutes December 1, 2008 AND WHEREAS no improvements have been made to streamline or simplify the application, reporting or administration processes respecting Break Open Tickets or Raffles; ~ NOW THEREFOR BE IT RESOLVED THAT the Municipality of Clarington request the Alcohol and Gaming Commission of Ontario to expedite its Modernization of Charitable Gaming Project, in particular the application, reporting and administration processes respecting Break Open Tickets and Raffles; and THAT a copy of this resolution be forwarded to the Premier of Ontario, John O'Toole, MPP, and all municipalities within Ontario seeking their endorsement. CARRIED COMMUNICATIONS There were no items considered under this section of the agenda. Resolution # GPA-699-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the meeting be "closed" in accordance with Section 239 (2) (f) to seek legal advise from the Solicitor pertaining to Addendum to Report PSD-076-08. CARRIED RISE AND REPORT Mayor Abernethy advised that one item was discussed in "closed" session in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, and no resolutions were passed. APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVEOPMENTS LIMITED Resolution #GPA-700-08 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Addendum to Report PSD-076-08 referred back to staff for further review of all options respecting the road allowances. CARRIED - 23- General Purpose and Administration Committee Minutes December 1, 2008 ADJOURNMENT Resolution #GPA-701-08 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 5:15 p.m. CARRIED - 24- 1 1; .<, , ? // ,-.. ~. .// /~..J / z..{ DEPurt-c~ERK . ! /'