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HomeMy WebLinkAbout01/05/2009Claria~ton Lmdeng eke WrtS. General Purpose and Administration Committee Minutes January 5, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 5, 2009 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 Facilities Manager, Community Services, G. Acorn Director of Engineering Services, T. Cannella, attended until 12:51 p.m. Deputy Treasurer, Finance Department, L. Gordon, attended until 12:51 p. m. Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 12:51 p.m. Manager of Special Projects, Planning Services, F. Langmaid, attended until 12:51 p.m. Director of Corporate Services & Human Resources, M. Marano Fire Chief, Emergency Services, G. Weir, attended until 12:51 p.m. Deputy Clerk, A. Greentree Administrative Assistant to the Municipal Clerk, C. Fleming Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Councillor Novak stated a pecuniary interest with respect to Report COD-002-09. Councillor Novak announced that on December 18, 2008, she and Councillor Trim participated in a door-to-door educational campaign with Courtice residents on Durham Region's clear refuse bag pilot ~roject. Also on December 18, 2008, the Firehouse Youth Centre celebrated its 10t Anniversary with a dinner and the Clarington Older Adult Association held a music night. General Purpose and Administration Committee Minutes January 5, 2009 Councillor Woo advised of the success of the 8th Annual Clarington Polar Bear Swim held in support of pediatric liver disease research. A record number of 79 participants took the plunge and approximately $8,500 was raised. Councillor Woo also announced that construction begins today on the redevelopment of Second Chance, Rickabys and the Lang buildings with an anticipated completion date of July 2009. Councillor Hooper advised that The Honourable Jim Flaherty will be holding a Town Hall meeting at Westminster United Church in Whitby this week. MINUTES Resolution #GPA-001-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on December 1, 2008, be approved. CARRIED PRESENTATIONS Wilson Little, P.Eng., Director of Engineering Lands and Environment, St. Marys Cement addressed Council concerning a Proposed Bowmanville Plant Alternative Fuela Demonstration Project and Regulatory Approvals. Mr. Little advised St. Marys has filed applications for approvals under the Environmental Protection Act (EPA) to undertake a short-term Demonstration Project to use alternative fuel for approximately 25 days and to monitor the emissions of the plant during this period. He advised the purpose of the demonstration project is to prove the validity of their theoretical deductions of the feasibility of using alternative fuels from both a production and environmental perspective. Mr. Little stated three alternative fuels will be introduced and emission monitoring will be carried out by consultants working for St. Marys and will be peer reviewed by an independent consultant. Mr. Little advised that St. Marys hosted two Public Information Sessions on the project and issued a Record of Consultation subsequent to the sessions which included all comments received up to the submission of the application for approval to the Ministry of the Environment. Following submission of the permit application to the MOE, St. Marys submitted addenda incorporating changes suggested by the peer review consultant and proposed operational changes. Mr. Little explained the operating procedures in which enclosed walking bed trailers bringing fuel on site will back up to and feed directly into an enclosed conveyor which will be part of the fuel handling system. He noted that no formal response to date has been received from the MOE although the MOE is currently reviewing the applications and if approved, would issue the Certificates of Approval for a short time frame under Regulation 334 of the Environmental Assessment Act. -2- General Purpose and Administration Committee Minutes January 5, 2009 Mr. Little noted if the demonstration is successful, St. Marys may seek long-term approval to use alternative fuel. He advised that in discussion with Municipal representatives, he has been advised that the Municipality is of the opinion that the zoning on the Bowmanville Plant does not permit this type of a project and thus to undertake the demonstration project a zoning amendment is necessary. He noted that St. Marys' legal counsel has advised that no amendments to the Municipality's zoning by-law are required as there is no change of use and an accessory use of this type would be permitted. Mr. Little stated that St. Marys has considered applying for a temporary zoning change but have been advised by their Counsel that the process is similar to the requirement for a permanent zoning change including associated costs and potential delays and have been advised to apply to seek a Court ruling to settle the difference in legal opinions as to whether a zoning change is required. Mr. Little summarized by suggesting as a proposed compromise on the land use issue, that Council direct staff to defer the issue of the Zoning By-law amendment while the demonstration project is being conducted and that the MOE be advised, on the understanding that the results of the demonstration project be sent to the MOE and to the Municipality and that St. Marys and the Municipality agree to suspend any further court action pending deferral on a "without prejudice" basis to the final position taken by either party. DELEGATIONS Terra Sayer, Disaster Management Coordinator, Canadian Red Cross, Durham Region, addressed the Committee regarding Disaster Management requesting permission to show a seven minute video entitled "Personal Disaster Assistance" which she advised would be the best avenue to highlight the program. Resolution #GPA-002-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the rules of order be suspended to allow the delegation to be extended beyond the five-minute time frame. CARRIED The Committee viewed a Red Cross video presentation on Personal Disaster Assistance. Ms. Sayer advised that in 2008, the Red Cross provided assistance to 265 people as a result of 34 fires across Durham Region. She noted 65 Clarington residents were helped as a result of eight fires in Clarington at a cost of $10,000, including 45 people who required assistance due to the downtown Bowmanville fire on April 29, 2008. Ms. Sayer advised she is the only staff member on the Region of Durham Branch Service Delivery Team and there are currently 40 active volunteers making up the Team. Correspondence from Ms. Sayer highlighting the roles and responsibilities of the Region of Durham Branch Disaster Management was distributed. Ms. Sayer confirmed that as anon-government Agency, funding is based on donations only. They do however, apply for grants including the Clarington Grant Program. -3- General Purpose and Administration Committee Minutes January 5, 2009 Michael Hackenburger was called but was not in attendance. Kimberley L. Beckman was called but was not in attendance. The Deputy Clerk advised that a representative of Ms. Beckman had requested that Ms. Beckman's delegation be postponed until later in the meeting. Resolution #GPA-003-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the delegation of Kimberley L. Beckman be deferred for consideration following the last delegation on today's Agenda. CARRIED Richard Ward was called but was not in attendance. Dave Wallace addressed Council requesting a time extension of six weeks to occupy a second dwelling unit at 4380 Courtice Road. Mr. Wallace explained that the unit he rents on the property has been deemed illegal and that he is in the process of buying a house and would appreciate being allowed to remain in the rental unit until he is able to move into his new home without having to find an interim location. Mr. Wallace confirmed that the owner of the property has agreed to his request, subject to Council approval. Mr. Wallace further confirmed that he is requesting an extension to March 15, 2009. Kimberley L. Beckman, Davies Howe Partners addressed the Committee, on behalf of her client 708545 Ontario Ltd. (Geranium), concerning Report PSD-008-09 Application for Removal of Holding -Prestonvale Road Land Corporation & Paul Lysyk Family Trust. Ms. Beckman stated Geranium is the owner of land adjacent to the Prestonvale Plan of Subdivision and that both pre-development and post-development storm water flows from the Prestonvale Plan of Subdivision drain through the Geranium lands. She stated that her client has not been provided with relevant engineering drawings to verify that the temporary storm water management pond to be constructed on the Prestonvale lands will deal with water quality and quantity. Ms. Beckman requested that Report PSD-008-09 be deferred for one cycle and to allow Geranium to assure itself that the quality of stormflow coming from the Prestonvale lands have been properly addressed. Resolution #GPA-004-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Richard Ward be permitted to address the Committee at this time. CARRIED -4- General Purpose and Administration Committee Minutes January 5, 2009 Richard Ward addressed the Committee regarding the Property Standards Order for 3709 Regional Road 9 expressing concern that at least 50 other properties are in the same deficient state as his barn and are not structurally sound and that the by-law should be enforced equitably. Mr. Ward requested an explanation as to how the person who filed the complaint against his property is being detrimentally impacted by his property. Mr. Ward will submit his request in writing to the Municipal Clerk. Richard Ward also addressed the Committee concerning Resolution #GPA-697-08 denying him 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. Mr. Ward stated his comments were not intended as slander as they were an explanation of truth and fact that an investigation would have determined and that he was simply reacting to information received. Mr. Ward requested an explanation as to why his request for a commercial designation on his property was denied in 1996, and why the Clarington Official Plan has dedicated a portion of his land as agricultural and how the land could have any agricultural function. Mr. Ward further requested an explanation as to why he was disqualified as a candidate in the 2000 Municipal Elections and questioned what addresses would have been on correspondence forwarded to him as a result of criminal complaints filed against him by the Treasurer and the Municipal Clerk. Mr. Ward feels this is pertinent information and confirmed he will submit his request in writing to the Municipal Clerk. Resolution #GPA-005-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT the Committee recess for ten minutes. CARRIED The meeting reconvened at 11:10 a.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applications to Amend the Clarington Zoning By-law Applicants: 2154513 Ontario Inc. and 2143619 Ontario Inc. Report: PSD-001-09 Dean Jacobs, Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-001-09. No one spoke in opposition to or support of Report PSD-001-09. Councillor Foster chaired this portion of the meeting. -5- General Purpose and Administration Committee Minutes January 5, 2009 (b) Subject: Highway Closing Road Allowance Situated Township of Darlington Report: EGD-002-09 in Lot 18, Concession 5 in the former No one spoke in opposition to or support of Report EGD-002-09. Councillor Novak chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT PROPOSED ZONING BY-LAW AMENDMENTS TO ALLOW OFFICE FLOOR SPACE ON THE GROUND FLOOR IN ADDITION TO PERMITTED SPECIAL PURPOSE COMMERCIAL ZONE (C5) USES, TO REDUCE THE BUILDING SETBACKS AND LOADING SPACE REQUIREMENTS - 45 AND 5 SPICER SQUARE APPLICANTS: 2154513 ONTARIO INC. AND 2143619 ONTARIO INC. Resolution #GPA-006-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-001-09 be received; THAT the rezoning application submitted by 2154513 Ontario Inc. and 2143619 Ontario Inc., be approved and that the proposed Zoning By-law contained in Attachment 3 to Report PSD-001-09 be passed; and THAT all interested parties listed in this Report PSD-001-09 and any delegations be advised of Council's decision. CARRIED BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-007-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-002-09 be received for information; and THAT all interested parties listed in Report PSD-002-09 and any delegations be advised of Council's decision. CARRIED -6- General Purpose and Administration Committee Minutes January 5, 2009 ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-008-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-003-09 be received for information; and THAT all interested parties listed in Report PSD-003-09 and any delegations be advised of Council's decision. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-009-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-004-09 be received for information; and THAT all interested parties listed in Report PSD-004-09 and any delegations be advised of Council's decision. CARRIED ENVIRONMENTAL STEWARDSHIP 2008 PROGRAM UPDATE Resolution #GPA-010-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-005-09 be received for information. CARRIED PROPOSED AMENDMENT TO THE OSHAWA OFFICIAL PLAN AND EASTDALE PART II PLAN; COMMENTS ON TWO DRAFT PLANS OF SUBDIVISION IN THE CITY OF OSHAWA APPLICANT: CITY OF OSHAWA; RALNA PARENT CORP INC./CAMEO SUBSIDIARY CORP. AND BEECHNUT DEVELOPMENTS CORPORATION INC. Resolution #GPA-011-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-006-09 be received; -7- General Purpose and Administration Committee Minutes January 5, 2009 THAT the City of Oshawa be advised: i) that the Municipality of Clarington has no objections to the approval of the proposed amendments to Oshawa Official Plan and Eastdale Part II Plan; ii) that the Municipality of Clarington has no objections to the approval of the proposed Draft Plan of Subdivision (S-O-2005-04) subject to the conditions contained in Attachment 3 to Report PSD-006-09; and iii) that the Municipality of Clarington has no objection to the approval of the proposed Draft Plan of Subdivision 18T-97027; and THAT a copy of Report PSD-006-09 be forwarded to the City of Oshawa Development Services Departments, the Region of Durham Planning and Legal Departments and the Ontario Municipal Board. CARRIED COMMERCIAL RECREATIONAL VEHICLE STORAGE Resolution #GPA-012-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-007-09 be received; THAT consideration of commercial recreation vehicle storage in the Urban Residential, Future Urban Residential and Major Open Space Areas designation, be considered as part of the "Planning for the Countryside" component of the Clarington Official Plan review; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-007-09 and Council's decision; and THAT all interested parties listed Report PSD-007-09 and any delegations be advised of Council's decision. TABLED (See Following Motion) Resolution #GPA-013-09 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report PSD-007-09 be tabled until the January 12, 2009, Council Meeting to allow Council to consider a map that shows lands upon which this type of facility could operate based on the amendment. CARRIED -8- General Purpose and Administration Committee Minutes January 5, 2009 APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORATION & PAUL LYSYK FAMILY TRUST Resolution #GPA-014-09 Moved by Councillor Woo seconded by Councillor Foster THAT Report PSD-008-09 be received; THAT the application submitted by Prestonvale Road Land Corporation and Paul Lysyk Family Trust, to remove the Holding (H) symbol to permit 52 single detached units be approved; THAT the By-law attached to Report PSD-008-09, to remove the Holding (H) symbol, be passed and that the Region of Durham be forwarded a copy of Report PSD-008-09; and THAT all interested parties listed in Report PSD-008-09 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 11, 2008 Resolution #GPA-015-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-009-09 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on December 11, 2008 for application A2008-0020 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on December 11, 2008 for application A2008-0034 is not warranted. However, should an appeal be lodged by another party, Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. CARRIED Councillor Foster chaired this portion of the meeting. -9- General Purpose and Administration Committee Minutes January 5, 2009 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2008 Resolution #GPA-016-09 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report EGD-001-09 be received for information. CARRIED PROPOSAL TO CONVEY A ROAD ALLOWANCE SITUATED IN LOT 18 CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON) Resolution #GPA-017-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report EGD-002-09 be received; THAT the road allowance situated in Lot 18, Concession 5, further identified as Part 3 on Registered Plan 40R-25645 be closed and declared surplus and that the road allowance be conveyed to Andy Meima; THAT the applicant pay the appraised land value of $7,545.00 as well as all legal and other financial costs associated with the transaction; THAT Council pass the necessary by-laws to implement the recommendations of Report EGD-002-09; and THAT Andy Meima be advised of Council's decision. CARRIED ASPEN SPRINGS WEST SUBDIVISION PHASE 2, PLAN 40M-2214, BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-018-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-003-09 be received; -10- General Purpose and Administration Committee Minutes January 5, 2009 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-2214; and THAT Council approve the by-laws attached to Report EGD-003-09, assuming certain streets within Plan 40M-2214 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. The Director of Operations confirmed that snow removal is conducted only where there is no storage and as approved by Council. In response to further questioning, the Director advised staff will be meeting with Regional Works to discuss snow clearing issues in the Courtice corridor. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT -NOVEMBER 2008 Resolution #GPA-019-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report ESD-001-09 be received for information. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT EMERGENCY EVACUATION CENTRE REQUESTS -ULTIMATE SCHOOL-AGERS Resolution #GPA-020-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CSD-001-09 be received; _11_ General Purpose and Administration Committee Minutes January 5, 2009 THAT Ultimate School-Agers be authorized to utilize the Courtice Community Complex as an Emergency Evacuation Facility for "localized emergencies", subject to the conditions on which this approval was given, as outlined in the body of Report CSD-001-09; and THAT Ultimate School-Agers be advised of action taken. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT 3`d QUARTER PARKING REPORT Resolution #GPA-021-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-001-09 be received; and THAT a copy of Report CLD-001-09 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2008-31, HIGHWAY 2 STREET LIGHTING AND STREETSCAPE IMPROVEMENTS, BOWMANVILLE Resolution #GPA-022-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-001-09 be received; THAT Rutherford Contracting Limited, Gormley, Ontario with a total bid in the amount of $1,047,296.93 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-31, be awarded the contract for the Highway 2 Street Lighting and Streetscape Improvements, Bowmanville. as required by the Engineering Department; THAT $55,000.00 be reallocated from the 2008 Highway 2 Sidewalk account to the 2008 Highway 2 Streetlight Installation account; -12- General Purpose and Administration Committee Minutes January 5, 2009 THAT funds required in the amount of $1,290,000.00 (which includes $1,047,296.93 tendering, consulting and contingencies) be drawn from accounts as follows: Department & Account Number Amount Engineering Department -Capital Budget • 2008 Streetscape Implementation, Account #110-32-338-83278-7401 $ 568,540.00 • 2008 Federal Gas Tax (Street Lighting) Component of Streetscape Implementation $ 81,460.00 • 2008 Sidewalk Construction, Account#110-32-331-83278-7401 $ 255,000.00 • Street Light Installation, Account #110-32-324-83278-7401 $ 315,000.00 2007 Green Road Reconstruction, Account #110-32-330-83276-7401. $ 70,000.00 Total Funds Available $1,290,000.00 ;and THAT the By-law marked Schedule "A", attached to Report COD-001-09, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. CARRIED CONFIDENTIAL REPORT REGARDING THE PROVISIONS OF BENEFITS TO LOCAL BOARDS Resolution #GPA-023-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-002-09 -Confidential Report Regarding the Provisions of Benefits to Local Boards be referred to the end of the Agenda to be considered during a closed meeting of the Committee. CARRIED FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICE There were no reports to be considered under this section of the Agenda. -13- General Purpose and Administration Committee Minutes January 5, 2009 UNFINISHED BUSINESS PRESENTATION -WILSON LITTLE, P.ENG., ST. MARYS CEMENT -REGARDING THE PROPOSED BOWMANVILLE PLANT ALTERNATIVE FUELS DEMONSTRATION PROJECT AND THE RELATED REGULATORY APPROVALS Resolution #GPA-024-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the presentation of Wilson Little, P.Eng., St. Marys Cement regarding the Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the Related Regulatory Approvals be referred to the end of the Agenda for consideration during a closed meeting of the Committee to seek a legal opinion from the Solicitor. CARRIED DELEGATION -TERRA SAYER, CANADIAN RED CROSS -REGARDING DISASTER MANAGEMENT Resolution #GPA-025-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Terra Sayer, Canadian Red Cross, Durham Region regarding Disaster Management be received with thanks. CARRIED DELEGATION -RICHARD WARD -REGARDING PROPERTY STANDARDS ORDER Resolution #GPA-026-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Richard Ward regarding Property Standards Order for 3709 Regional Road 9 be received with thanks. CARRIED -14- General Purpose and Administration Committee Minutes January 5, 2009 DELEGATION -RICHARD WARD -REGARDING RESOLUTION #GPA-697-08 Resolution #GPA-027-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Richard Ward regarding Resolution #GPA-697-08 be received with thanks. CARRIED DELEGATION -DAVE WALLACE -REGARDING EXTENSION FOR OCCUPANCY Resolution #GPA-028-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the delegation of Dave Wallace regarding his request for a time extension for occupying a second dwelling unit at 4380 Courtice Road be received. CARRIED OTHER BUSINESS Resolution #GPA-029-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Committee recess for ten minutes; and THAT following the recess, in accordance with Section 239 of the Municipal Act, 2001, the meeting be closed for the purpose of considering the following matters: • Confidential Verbal Report from the Solicitor regarding a Legal Matter concerning an Appeal of Amendment to Development Charges By-law to the OMB, • Confidential Verbal Report from the Solicitor regarding a Legal Matter concerning an Appeal by Thorsten Koseck of the Brookhill Secondary Plan (OPA 60) to the OMB, • Report COD-002-09 -Confidential Report regarding the Provision of Benefits to Local Boards which involves a personal matter about an identifiable individual, and • To seek legal opinion from the Solicitor regarding the Presentation of Wilson Little, P.Eng., St. Marys Cement regarding the Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the Related Regulatory Approvals. CARRIED The meeting reconvened in open session at 2:09 p.m. -15- General Purpose and Administration Committee Minutes January 5. 2009 RISE AND REPORT Mayor Abernethy reported that four items were discussed in closed session in accordance with Section 239 (2) of the Municipal Act, 2001, as amended. Two resolutions were passed providing direction to the Municipal Solicitor concerning: • Confidential Verbal Report from the Solicitor regarding a Legal Matter concerning an Appeal of Amendment to Development Charges By-law to the OMB, and • Confidential Verbal Report from the Solicitor regarding a Legal Matter concerning an Appeal by Thorsten Koseck of the Brookhill Secondary Plan (OPA 60) to the OMB. During closed meeting discussion Councillor Novak stated a pecuniary interest with respect to Report COD-002-09 as she has a licence with the company named and left the closed session of the meeting during discussion of that item. Councillor Novak refrained from discussions and voting on this matter. CONFIDENTIAL REPORT REGARDING THE PROVISIONS OF BENEFITS TO LOCAL BOARDS Resolution #GPA-030-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Confidential Report COD-002-09 be received in a closed meeting as it deals with compensation matters applicable to an identifiable individual; THAT the current provision of benefits for the Newcastle Arena manager, be grandfathered and discontinued at the time that the incumbent leaves the existing position; THAT the request for the Newcastle Hall Board and the Clarington Older Adult Association Board for coverage of full time employees under the Municipal Benefit program, paid for by the individual Boards, be denied; THAT Council authorize the Clerk's Department, after consultation with Human Resources, to provide notice of Council's decision on provision of benefits to external groups, should similar requests be received in the future; THAT the Newcastle Hall Board, and the COAA Board, be advised of Council's decision; and THAT the Newcastle Hall Board, and any other such boards, be encouraged to consult with the Clarington Board of Trade for possible options regarding this matter. CARRIED -16- General Purpose and Administration Committee Minutes January 5. 2009 PRESENTATION -WILSON LITTLE, P.ENG., ST. MARYS CEMENT -REGARDING THE PROPOSED BOWMANVILLE PLANT ALTERNATIVE FUELS DEMONSTRATION PROJECT AND THE RELATED REGULATORY APPROVALS Resolution #GPA-031-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Wilson Little, P.Eng., St. Marys Cement, regarding the Proposed Bowmanville Plant Alternative Fuels Demonstration Project and the Related Regulatory Approvals be received for information. CARRIED ENGINEERING PROJECTS -UPDATE REPORT Resolution #GPA-032-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT staff report back in due time on Engineering projects completed in 2008, projects carried over from 2007 and 2008, including expected dates for completion and associated budgets, and the status of the Mill Street South Underpass project in the Village of Newcastle. CARRIED 2009 BUDGET Resolution #GPA-033-09 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS the year 2009 will be filled with much uncertainty due to the world's economic position and therefore Canada and our local economy is directly impacted; WHEREAS the North American auto industry's financial situation has created great alarm; WHEREAS the auto industry in Ontario also has many local feeder plants which means Clarington falls right in the middle of all this major economic uncertainty; WHEREAS many residents and former employees who call Clarington home are associated with the Canadian Auto Industry; WHEREAS our federal and provincial governments are working together to bring solutions to the country's current recession problems; and -17- General Purpose and Administration Committee Minutes January 5, 2009 WHEREAS 2009 is the first year of the four-year assessment period covering property taxes. NOW THEREFORE BE IT RESOLVED THAT the Municipal portion of the property tax increase rate remain at zero for 2009. MOTION LOST Mayor Abernethy raised the issue of the provision of high speed Internet to rural areas. The Director of Corporate Services and Human Resources confirmed that staff are investigating funding opportunities and will report back to Council before the end of February, 2009. Mayor Abernethy questioned the Municipality's ability to live stream Council meetings on the Municipal Website. The Director of Corporate Services and Human Resources advised that staff are investigating the matter. Deputy Mayor Trim chaired this portion of the meeting. REQUEST FOR ADDITIONAL MONTHLY FINANCIAL REPORTING Resolution #GPA-034-09 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS in the year 2007, Clarington Council approved and made available to the public the 2007-2010 Corporate Strategic Business Plan. The Mission Statement contained in that document reads as follows: "TO PROVIDE INFASTRUCTURE AND QUALITY SERVICES TO OUR COMMUNITY STAKEHOLDERS THROUGH LEADERSHIP, ACCOUNTABILITY AND RESPECT." AND WHEREAS the Strategic Business Plan complements the other three important planning and policy tools of Council: the Clarington Official Plan; the annual operating budget; and the multiyear capital plan. Collectively, these governance tools represent the cornerstones of all municipal government decisions. AND WHEREAS the Municipality of Clarington is in the approvals process for the 2009 Municipal Capital and Current Budget. -18- General Purpose and Administration Committee Minutes January 5, 2009 AND WHEREAS the Municipality of Clarington's current revenues sources are as follows: approximately 51 % are generated from property taxes, and the balance is generated from the following: a) Payment-in-lieu/Linear taxation/Grants - 10% b) Contributions from Reserves and Reserve Funds - 21 c) Licenses and Permits - 3% d) User Fees - 10% e) Interest on Investments - 2% f) Interest on Taxes/fines - 2% g) Other- 1% AND WHEREAS each year the Municipality of Clarington depend upon these budgeted revenues to off-set the budgeted expenses. AND WHEREAS a portion of these revenues are variable and are directly related to the economic growth both within and outside the Municipality of Clarington. AND WHEREAS in the event that there is a revenue shortfall in any given year, such shortfall will impact the tax levy in the following year, effectively increasing property taxes by the amount of the revenue shortfall. AND WHEREAS Clarington Council is mandated to managing the assets of the Municipality of Clarington in a fiscally responsible manner and to determine which services and at what level those services will be provided to the people of Clarington. AND WHEREAS in consideration of the current volatile economic global outlook, Clarington Council desires to more closely monitor the revenues and expenses of each department in the months ahead. The purpose of such monitoring is to: a) protect the interests of the taxpayers in the Municipality of Clarington, b) prevent any yearend surprises in revenue shortfalls, c) improve the openness and transparency of the public reporting process, d) provide an additional management and reporting tool for staff, council and the public, and e) demonstrate to the taxpayer that Clarington Council is managing the assets of the municipality in a fiscally responsibility manner. NOW THEREFORE BE IT RESOLVED THAT the Chief Financial Officer, the Chief Administration Officer and the Chief Executive Officer design a report which provides: by department and on a monthly reporting basis; adequate information for Staff to analyze and report to Council the variable growth related revenue and the variable economic related revenues which could have an adverse effect on achieving the 2009 Municipal Capital and Current Budget. CARRIED -19- General Purpose and Administration Committee Minutes January 5, 2009 Mayor Abernethy chaired this portion of the meeting. COMMUNICATIONS There were no items considered under this section of the agenda. ADJOURNMENT Resolution #GPA-035-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 3:14 p.m. CARRIED MAC UTY E K - 20 -