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g g REPORT #1
REPORT TO COUNCIL MEETING OF JUNE 23, 2008
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JUNE 16, 2008
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-062-08 Appeal of Official Plan Amendment, Zoning By-law
Amendment and Site Plan Control Application, files
COPA2007-007, ZBA2007-0026, SPA2007-0021
Applicant: ADESA Auctions Canada Corporation and Impact
Auto Auctions Ltd.
(b) PSD-063-08 OMB Decision on Motion to Dismiss Appeal of Zoning By-law
• Amendment Application ZBA2006-0021
Applicant: James Tosswill
(c) EGD-029-08 Monthly Report on Building Permit Activity for May, 2008
(d) OPD-007-08 2008 Winter Budget Report
(e) ESD-009-08 Monthly Response Report -May 2008
(f) ESD-010-08 Emergency and Fire Services - 2007 Annual Report
(g) CLD-020-08 Confidential Report -Zoning Matter Regarding Illegal
Apartments
(h) Delegation - Jaison Gibson -Free Speech and Civil Disobedience
•
CORPORATION OF THE MUNICIPALITY OF CLARINGTO N-!I
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L'IC 3A6 T 905-623-3379.
Report #1 2 June 23, 2008
2. AMENDMENT TO THE ZONING BY-LAW TO PERMIT DWELLINGS
WITH A VARIETY OF GARAGE PROJECTIONS AND GARAGE WIDTHS
APPLICANT: PRESTONVALE ROAD LAND CORPORATION
THAT Report PSD-059-08 be received;
THAT the rezoning application submitted by Prestonvale Road Land Corporation
be approved;
THAT the amending By-law as shown in Attachment 2 to Report PSD-059-08 be
approved;
THAT a copy of Report PSD-059-08 and the attached amending By-law be
forwarded to the Durham Region Planning Department; and
THAT all interested parties listed in Report PSD-059-08 and any delegation be
advised of Council's decision.
3. MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING
BY-LAW 84-63
THAT Report PSD-060-08 be received;
• THAT the proposed changes to By-law 84-63 continue to be reviewed to address
outstanding issues and any concerns raised at the public meeting; and
THAT the interested parties listed in Report PSD-060-08 be advised of Council's
decision.
4. PROPOSED ZONING BY-LAW AMENDMENT BY THE MUNICIPALITY OF
CLARINGTON FOR 3289 TRUCES ROAD NORTH IN COURTICE
THAT Report PSD-061-08 be received;
THAT the proposed amendment to Zoning By-law 84-63 to permit the
development of four residential lots continue to be processed including the
preparation of a subsequent report; and
THAT the Region of Durham, all interested parties listed in Report PSD-061-08,
and any delegations at the Public Meeting be advised of Council's decision.
Report #1 3 June 23, 2008
5. APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 511060 ONTARIO LTD.
THAT Report PSD-064-08 be received;
THAT the request for Removal of Part Lot Control by 511060 Ontario Ltd. with
respect to Lots 13 to 18 inclusive on Plan 40M-2094, be approved and that the
attached Part Lot Control By-law attached to Report PSD-064-08 be passed
pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the
Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-064-08 and any delegations be
advised of Council's decision.
6. APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: BRENDA AND ADAM STEPHENSON
CLARNEW DEVELOPMENTS PHASE II
THAT Report PSD-065-08 be received;
THAT the request for Removal of Part Lot Control by Brenda and Adam
Stephenson with respect to Lot 131 on Plan 40M-2038, be approved and that the
Part Lot Control By-law attached to Report PSD-065-08 be passed pursuant to
• Section 50(7.1) of the Planning Act and a copy forwarded to the Regional
Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-065-08 and any delegations be
advised of Council's decision.
7. APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: GAGE PARK DEVELOPMENTS INC.
THAT Report PSD-066-08 be received;
THAT the request for Removal of Part Lot Control by Gage Park Developments
Inc. with respect to Lots 1-36, 57-62 and Blocks 78 to 94, all inclusive on Plan
40M-2361, be approved and that the Part Lot Control By-law attached to Report
PSD-066-08 be passed pursuant to Section 50(7.1) of the Planning Act and a copy
forwarded to the Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-066-08 and any delegations be
advised of Council's decision.
•
Report #1 4 June 23, 2008
8. ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT
THAT Report PSD-067-08 be received;
THAT the Orono Community Improvement Plan Amendment No. 1 (Attachment 1
to Report PSD-067-08) be approved;
THAT the necessary By-law contained in Attachment 2 to Report PSD-067-08 be
passed;
THAT the Ministry of Municipal Affairs and Housing and Region of Durham
Planning Department be forwarded a copy of Report PSD-067-08 and Council's
decision: and
THAT all interested parties listed for Report PSD-067-08 and any delegations be
advised of Council's decision.
9. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF MAY 29, 2008
THAT Report PSD-068-08 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made
on May 29, 2008 for applications A2008-0014, A2008-0017 and A2008-0018 and
that staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
10. AGREEMENT OF UNDERSTANDING FOR FOSTER CREEK NORTH
SUBDIVISION (18T-89059) - LINDVEST PROPERTIES LIMITED
THAT Report EGD-027-08 be received;
THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation
of the Municipality of Clarington, the Agreement of Understanding with Lindvest
Properties Limited for the cut, fill and grading works and the erosion and
sedimentation control works on the draft approved Foster Creek North Subdivision
(18T-89059);
THAT Council approve the by-law attached to Report EGD-027-08 to confirm its
decision to enter into the Agreement of Understanding with Lindvest Properties
Limited; and
THAT Lindvest Properties Limited be notified of Council's decision and that the
Agreement of Understanding be forwarded to them for execution once it has been
drafted to the satisfaction of the Director of Engineering Services and the
• Municipality's Solicitor.
Report #1 5 June 23, 2008
11. PROPOSAL TO CLOSE AND CONVEY A PORTION OF AN UNOPEN ROAD
ALLOWANCE SITUATED IN LOT 27, BROKEN FRONT CONCESSION,
FORMER TOWNSHIP OF CLARKE
THAT Report EGD-028-08 be received;
THAT Council authorize the publication of a notice of application that the
Municipality intends to pass a by-law to close that part of the unopen road
allowance situated between George Manners Street (unopen) and Park Lane
(Attachment No. 1 to Report EGD-028-08) and in Lot 27, Broken Front
Concession, Former Township of Clarke, pursuant to section 34 of the Municipal
Act and By-Law No. 95-22;
THAT when Section 34 of Municipal Act and By-Law No. 95-22 have been
complied with, Council pass a by-law and declare that portion of the unopen road
allowance to be surplus;
THAT subject to Council's consideration of any representations made at the public
meeting respecting the passing of by-laws declaring the subject lands to be
surplus, and authorizing the closure of the subject lands as a public highway and
its conveyance to the applicant, Council pass the necessary by-laws to implement
Report EGD-028-08;
r THAT the applicant pay all legal, advertising, appraisal and land costs associated
with this transaction: and
THAT Mr. Corey Barr be advised of Council's decision.
12. SITE ALTERATION BY-LAW AND POLICIES AND PROCEDURES
THAT Report EGD-030-08 be received;
THAT the Site Alteration By-law -Policies and Procedures be endorsed by
Council; and
THAT, subject to a final review of the By-Law by the Director of Engineering
Services and the Municipal Solicitor, Council enact the Site Alteration By-law.
13. SUPPLEMENTARY RATES AND FEES
THAT Report CSD-013-08 be received;
THAT the Supplementary Rates and Fees Report CSD-013-08, as outlined in
Attachment #1 to Report CSD-013-08, be approved; and
• THAT the Corporate Membership Program be renamed the Group Membership
Program and that the program be available to any group of 10 or more individuals
purchasing a membership at the same time.
Report #1 6 June 23, 2008
14. ARRANGEMENT WITH KNOX CHRISTIAN SCHOOL FOR PERMITTED USE
OF SOCCER FIELD(S)
THAT Report COD-031-08 be received;
THAT a lease agreement between the Municipality of Clarington and Knox
Christian School be approved, as set out in Schedule "A", Attachment #1 to Report
COD-031-08, Conditional on approval by Knox Christian School; and
THAT the attached By-law marked Schedule "B", Attachment #2 to Report
COD-031-08, be approved authorizing the Mayor and the Clerk to execute the
necessary agreement.
15. CL2008-20, 2008 CRACK SEALING PROGRAMS, VARIOUS LOCATIONS
THAT Report COD-033-08 be received;
THAT Road Savers 2000 Ltd, Toronto, Ontario with a total bid in the amount of
$37,295.72 (excluding G.S.T.), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2008-20, be awarded the
contract to provide crack sealing at various locations as required by the
Municipality of Clarington;
THAT pending satisfactory service and acceptable pricing the contract be
extended for a second and third year;
THAT the funds required be provided from the Operations Department 2008
Budget Account #100-36-381-10250-7163; and
THAT the attached By-law marked Schedule "A" to Report COD-033-08
authorizing the Mayor and Clerk to execute the necessary agreement be
approved.
16. CONFIDENTIAL REPORT - REGARDING A PERSONNEL MATTER
THAT the recommendations contained in Confidential Report COD-035-08 be
approved.
•
Report #1 7 June 23, 2008
17. LIONS CLUB OFFER TO LEASE, CLARINGTON BEECH CENTRE
THAT Report COD-037-08 be received;
THAT the Manager of Purchasing be authorized to proceed with the formal
negotiations of a new lease agreement with the Bowmanville Nursery School, a
project of the Bowmanville Lions Club, for the lease of space in the Clarington
Beech Centre in the amount of $964.58 /month for the term of September 1, 2008
to June 30, 2009;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a
form satisfactory to the Municipal Solicitor; and
THAT the attached By-law marked Schedule "A" to Report COD-037-08
authorizing the Mayor and Clerk to execute the proposed Lease Agreement with
the Bowmanville Lions Club be approved.
18. ONTARIO REALTY CORPORATION, LEASE EXTENSION -132 CHURCH
STREET, (COURT ROOM)
THAT Report COD-038-08 be received;
• THAT the lease extension from the Ontario Realty Corporation for the Lease
space at 132 Church Street, Bowmanville, in the amount of $5,400.00 per year for
the term of June 1, 2008 to May 31, 2009 be approved; and
THAT the attached By-law marked Schedule "A" to Report COD-038-08
authorizing the Mayor and the Clerk to execute the proposed Lease agreement
marked Schedule "B" to Report COD-038-08 with the Ontario Realty Corporation
be approved.
19. CL2008-21, FOSTER CREEK EROSION PROTECTION @ ROBERTS STREET,
NEWCASTLE
THAT Report COD-040-08 be received;
THAT S & F Excavating Limited, King City, Ontario with a total bid in the amount of
$184,500.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2008-21, be awarded the contract for
the Foster Creek Erosion Protection @ Roberts Street, Newcastle as required by
the Engineering Department;
THAT funds required in the amount of $237,000.00 (which includes $184,500.00
Tendering, Consulting and Contingencies) be drawn from Engineering 2007 and
2008 Capital Account #110-32-340-83317-7401 in the amount of $230,000.00 and
• from Engineering 2007 Capital Account #110-32-342-83315-7401 in the amount of
$7,000.00; and
THAT the attached By-law marked Schedule "A" to Report COD-040-08
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
Report #1 8 June 23, 2008
20. PRESENTATION - CLARINGTON BOARD OF TRADE -REGARDING
ECONOMIC DEVELOPMENT
THAT the presentation from Sheila Hall, Clarington Board of Trade be received
with thanks and gratitude for all of their efforts.
21. DELEGATION - WAYNE CLARKE - ADDENDUM TO REPORT FND-012-08
THAT the delegation of Mr. Wayne Clarke be referred to the Director of Finance.
22. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN AMENDMENT
WHEREAS Council adopted the Bowmanville Community Improvement Plan (CIP)
and project area by By-law 2005-123 in June and the Ministry of Municipal Affairs
and Housing approved the CIP with amendments on September 16, 2005;
WHEREAS Community Improvement Plans allow the Municipality to provide
incentives to business owners and property owners within the Project Area (as set
out in the CIP);
WHEREAS the two other Community Improvement Plans in Clarington have infill
grants;
WHEREAS at the time the Bowmanville Community Improvement Plan was written
there was no opportunity for infill development within the historic downtown core;
WHEREAS on April 29th, the four buildings between 19'/2 to 33 King Street West
were damaged by fire; and
WHEREAS the Municipality would like to assist the property owners in rebuilding
in accordance with the historic main street features:
NOW THEREFORE BE IT RESOLVED THAT Staff be authorized to review and
bring forward to a Public Meeting, as called for in the Planning Act, a proposed
amendment to the Bowmanville Community Improvement Plan to provide an infill
grant with conditions and funding levels similar to the other CIP's.
•
Report #1 9 June 23, 2008
23. 2008 BUDGET REVIEW AND 2009 BUDGET SCHEDULE REQUEST
WHEREAS a number of previous Budgets were not approved until April or even
May of the budget year;
WHEREAS the 2008 Budget was approved by Council on January 28, 2008; and
WHEREAS much effort and many adjustments were made by staff to achieve
approval for the 2008 Budget:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington directs staff to report to Council early in September 2008 on the
following:
a) the 2008 Budget vs. actuals for the first half of 2008; and
b) the tentative schedule for the 2009 Budget to achieve Council
approval of the 2009 Budget by January 31, 2009.
•
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