HomeMy WebLinkAbout12/08/2009Clarln`7 n
Energizing Ontario `~
REPORT #1
REPORT TO COUNCIL MEETING OF DECEMBER 8, 2008
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, DECEMBER 1, 2008
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-132-08 Appeal of Official Plan Amendment 60 - Brookhill Secondary
Plan
(b) OPD-009-08 Heavy Rain Events 2008
(c) CSD-025-08 Clarington Older Adult Association Strategic Plan
(d) Delegation -Linda Gasser- Regarding Procedural By-law Amendments
• 2. 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
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.
•
CORPORATION OF THE MUNICIPALITY OF CLARIN GTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1 2 December 8, 2008
3. PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO
• PERMIT 426 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS
PARK LTD.
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.
4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF NOVEMBER 13, 2008
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.
• 5. MINUTES OF SETTLEMENT FOR APPEAL OF MINOR VARIANCE FOR PAUL
AND SHARON JEFFERSON
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.
•
Report #1 3 December 8, 2008
6. REGIONAL OFFICIAL PLAN AMENDMENT TO PERMIT THE SEVERANCE OF
• A DWELLING THAT WILL BE RENDERED SURPLUS AS A RESULT OF THE
ACQUISITION OF ANON-ABUTTING FARM PROPERTY
APPLICANT: TERI E. BELL
THAT Report PSD-129-08 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 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 anon-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.
7. AMENDMENT TO APPLICATION FEES BY-LAW
PLANNING AND DEVELOPMENT APPLICATIONS
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.
8. PORT GRANBY PROJECT- EXTENSION OF CONTRACT FOR MUNICIPAL
PEER REVIEW SERVICES
THAT Report PSD-126-08 be received;
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.
•
Report #1 4 December 8, 2008
• 9. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO
PERMIT A WIDER RANGE OF COMMERCIAL USES
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 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 as 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).
• delete 2.20.4 15 d.i) (dealing with restrictions imposed upon issues of
buildings unless a building permit has been issued for a hotel) and replace
it with a new C-5 that only permits a hotel;
• THAT, subject to Recommendation 6, 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;
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 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;
THAT the Director of Planning Services continue to work with the developer to
define the appropriate hotel area on the subject lands; and
THAT all interested parties listed in Addendum 2 to Report PSD-077-08 and any
• delegations be advised of Council's decision.
Report #1 5 December 8, 2008
10. VALIANT SUBDIVISION PHASE 3, BOWMANVILLE PLAN 40M-2020
• `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
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.
11. ASPEN SPRINGS SUBDIVISION PHASE 26, PLAN 40M-1734 (PART OF),
BOWMANVILLE, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION
BY-LAWS', ROADS AND ABOVE GROUND SERVICES INCLUDING ROADS
AND OTHER RELATED WORKS
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.
12. 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
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.
13. MUNICIPAL GRANT REVIEW
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;
Report #1 6 December 8, 2008
THAT $5,000.00 be removed from the Grant Program funds and transferred to
Corporate Services to be applied only to the assistance in funding Canada Day
celebrations;
THAT funding of the Municipal Grant Program of $1 per capita, less $5,000.00
transferred to Corporate Services, 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.
14. DECOMMISIONING NEWCASTLE LIONS POOL
THAT Report CSD-020-08 be received;
THAT staff be authorized to take the necessary action to decommission the
Newcastle Lions Pool;
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.
15. REPEAL OF HERITAGE DESIGNATION BY-LAW
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 approved;
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.
•
•
Report #1 7
16. ZONING INFRACTION - KINGSVIEW COURT, COURTICE -
MR. ALFRED FRENDO-GUMBO
THAT Report CLD-033-08 be received;
December 8, 2008
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-Gumbo be advised of Council's decision.
17. SCHEDULE OF MEETINGS - 2009 - 2010
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.
18. PROPOSED IDLING CONTROL BY-LAW
THAT Report CLD-035-08 be received;
THAT the By-law to prohibit excessive vehicle idling, attached to Report
CLD-035-08, be approved; and
•
That the interested parties listed in Report CLD-035-08 be advised of Council's
decision.
19. 2007 AUDIT MANAGEMENT LETTER COMMENTS AND RECOMMENDATIONS
THAT Report FND-030-08 be received; and
THAT the actions taken as identified in the attachment to Report FND-030-08 be
endorsed.
20. NOT SUFFICIENT FUNDS (NSF) FEES INCREASE
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.
Report #1 8 December 8, 2008
21. OPG NUCLEAR NEW BUILD
• 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.
22. PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON
CATHOLIC DISTRICT SCHOOL BOARD SURPLUS PROPERTY SALE
ST. STEPHEN'S ELEMENTARY SCHOOL
THAT Addendum to Report PSD-111-08 be received;
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
• THAT the Peterborough Victoria Northumberland and Clarington Catholic District
School Board and all interested parties be notified of Council's decision.
23. RFP2008-9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF TOTAL
HOCKEY TRADE MARK
THAT Addendum to Report COD-069-08 be received;
THAT the Request for Proposal, RFP2008-9 process for the sale of Total 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.
24. DELEGATION -LINDA GASSER -REGARDING PUBLIC CONSOLATION
• THAT the delegation of Linda Gasser be received with thanks.
Report #1 9 December 8, 2008
25. DELEGATION -RICHARD WARD -REGARDING PROPERTY STANDARDS
• ORDER
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.
26. LOTTERY LICENSING -REQUEST FOR PROCESS STREAMLINING
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 W HEREAS 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;
Report #1 10 December 8, 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, Jahn
O'Toole, MPP, and all municipalities within Ontario seeking their endorsement.
•
•