Loading...
HomeMy WebLinkAbout09/14/2009General Purpose and Administration Committee Minutes September 14, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday September 14, 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: Acting Chief Administrative Officer, M. Marano Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Manager of Development and Review, C. Pellarin (attended the meeting until 11:04 a.m.) Manager of Special Projects, Planning Services, F. Langmaid (attended the meeting at 10:00 a. m. ) Internal Auditor, Finance Department, L. Barta Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Administrative Coordinator, H. Keyzers 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 Robinson announced that the Kendal Eagles won the Senior B. Championship this past weekend. He noted that both the Kendal and Clarington fields were used during the competitions and that teams from Hamilton and London made favourable comments regarding the field conditions. Councillor Robinson thanked the Operations Department and the Community Services Department staff for their assistance. General Purpose and Administration Committee Minutes September 14, 2009 Councillor Woo announced the following: The Terry Fox Run was hosted on Sunday, with the festivities beginning on Thursday night with the Great Canadian Head Shaving. He noted that both events had a great turnout. Next year will be the 30t" anniversary of Terry's Hope. • The Opening Ceremonies of the Orono Fair were attended by Mayor Abernethy along with Bev Oda and John O'Toole. The opening ceremonies took place at the Orono Fairgrounds inside a wrestling ring. On September 13t" Ron Eccles' art work "Parallel Worlds", will be on display at the Visual Arts Centre and Elke Clarke's art "Sands of Time Port Darlington Beach Houses" will be displayed in the Municipality's gallery. Councillor Trim announced that the September 10t" edition of the Toronto Star had an article entitled "Tiny Township's Big Victory." The article stated that Simcoe County has opened the door to sending its unrecyclable waste to a planned incinerator in Durham Region. Councillor Trim advised that the Region of Durham has not approached Simcoe County or any other township with an interest in a deal. He noted that the Region has received an invitation to attend a Simcoe County meeting, but they have not made a decision on whether or not to attend. He thanked Councillor Foster for his openness for advising that he had sent a report along to the Ministry of Environment. Mr. Cliff Curtis, Commissioner of Works, Region of Durham, will be forwarding correspondence to Council advising on the status of this matter. Councillor Hooper announced the following: The Clarington Green Gaels won Silver at the Founders Cup. He congratulated the Gaels on a job well done. The Clarington Older Adult's held an open house in September. At this Open House all of their course initiatives were presented. He congratulated the organizers. He also advised that the Clarington Older Adults membership has increased. The Bowmanville downtown core was vandalized this past Saturday. All the flowers located downtown were thrown onto the road. Councillor Hooper congratulated Councillor Woo for having his head shaved to help support cancer awareness. Mayor Abernethy congratulated the organizers of the Orono Fair for another successful year. -2- General Purpose and Administration Committee Minutes September 14, 2009 MINUTES Resolution #GPA-488-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on July 6, 2009, be approved. CARRIED PRESENTATIONS There were no presentations scheduled for this meeting. DELEGATIONS Marion Manders advised prior to the meeting that she would not be in attendance. Richard Ward addressed the Committee regarding Report PSD-086-09, Modification to the Oak Ridges Moraine. Mr. Ward advised that he has been involved with the Oak Ridges Moraine for 20 years. He noted that he requested that his property in Kendal be exempt from this zoning in 1996. In 2002 he advised that he received a Letter of Intent from Tim Horton's to purchase his property. Tim Horton's subsequently built at the Noones Gas Station on Highway 115. Mr. Ward stated that Tim Horton's exists at this location without proper approval of applications. He stated that he has submitted a complaint to the Planning Department and to the Municipal Solicitor explaining this. Mr. Ward requested that the C8 zone be removed from the proposed zoning by-law. Richard Ward addressed the Committee regarding Cost Cutting Measures. Mr. Ward noted that Council is obligated to provide services and that these services are for the general interest of the public. He noted that he has requested, but has not received, a copy of Report CAO-004-09. Mr. Ward requested that the walking bridge over the Mill Street rail be reviewed in its entirety. He noted that a walking tunnel does not meet the requirements of the residents and that an underpass should be constructed. Richard Ward addressed the Committee regarding a property standards issue. In May, 2009 the By-law Enforcement Division initiated aclean-up of his property. A number of items were taken including debris and vehicles. He stated that $50,000 worth of property items were removed and that the fee for this removal was added to his tax bill. Previously, in 2002 $15,000 worth of property was removed under the direction of the By-law Enforcement Division. Mr. Ward stated that he did not receive any communications from the By-law Enforcement Division advising that they would be attending his property for clean-up. Mr. Ward expressed concerns that the contractor who undertook the clean-up is operating their business illegally from a site not properly zoned. As well, Mr. Ward claimed that the contractor is clear-cutting a wood lot illegally. -3- General Purpose and Administration Committee Minutes September 14, 2009 He requested the Municipality to initiate an investigation and request the Durham Regional Police Services to relinquish jurisdiction so that a proper investigation may be done. He further requested that the fees associated with the property standards order be suspended from his taxes. Lloyd Elliott advised prior to the meeting that he would not be in attendance. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend Zoning By-law Applicant: Green Martin Holdings Ltd. Report: PSD-078-09 Meaghan Kroon, Junior Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-078-09. Donald Bromley addressed the Committee stating that he and his wife object to anything being erected on the proposed site and any changes to the by-law. Mr. Bromley advised that on May 10, 1997 he attended Kaitlin's real estate office and reviewed the plan of the proposed subdivision which identified a parkette on the property which is the location of the current rezoning application. They took possession of their house in March 1998. He advised that prior to building a fence in the back, he attended the Town Hall to see if he could erect a gateway into the parkette before continuing. There were no objections made and nothing noted in writing by the Planning Department. The Bromleys have been using this gate for over 10 years and maintain the grounds behind the fence. Mr. Bromley stated that over the last 5 years he has been unable to maintain the property himself and has hired someone to maintain the grounds. Mr. Bromley advised that he and his wife, along with other residents, object to having anything built on this property. It will devalue the property and block their view. Marlene Bromley addressed the Committee stating that she is very concerned with the proposed two houses being erected. She objects to this application as these houses will obstruct their view, which until now they have enjoyed. Melissa Esler addressed the Committee and noted that she concurs with the comments made by Mr. and Mrs. Bromley. She stated that the proposal will devalue her property and that the kids in the neighbourhood would very much enjoy the park. Kelvin Whalen, Kaitlin Group, appeared on behalf of the applicant Green Martin Holdings Ltd. He concurs with the recommendations contained in Report PSD-078-09. He noted that the creation of two lots on Boswell Drive will not preclude development to the west, and that two existing road connections will still be provided on Boswell Drive. -4- General Purpose and Administration Committee Minutes September 14, 2009 He also noted that excavating the roadway for the purposes of servicing the two lots would be too restrictive and the roadway would be repaved to its original state. PLANNING SERVICES DEPARTMENT APPLICATION TO AMEND ZONING BY-LAW 84-63 BY GREEN MARTIN HOLDINGS LTD. TO PERMIT THE DEVELOPMENT OF TWO (2) SINGLE DETACHED LOTS, EACH HAVING A MINIMUM FRONTAGE OF 10 METRES, FRONTING ONTO BOSWELL DRIVE Resolution #GPA-489-09 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-078-09 be received; THAT the application submitted by Green Martin Holdings Ltd. be referred back to staff for further processing and the preparation of a further report; and THAT all interested parties listed in Report PSD-078-09 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion) Resolution #GPA-490-09 Moved by Councillor Foster, seconded by Councillor Woo That Resolution #GPA-489-09 be amended by removing the words in the second paragraph, "referred back to staff for further processing and" and replacing them with "continue to be processed including". CARRIED The foregoing resolution #GPA-489-09 was then put to a vote and carried as amended. CLARINGTON SIGN BY-LAW Resolution #GPA-491-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-079-09 be approved; THAT the Sign By-law contained in Attachment 1 to Report PSD-079-09 be passed and come into effect January 1, 2010; -5- General Purpose and Administration Committee Minutes September 14, 2009 THAT By-law 97-157, as amended, be repealed effective December 31, 2009; THAT consideration of the content of Section 8.4 Election Signs of the By-law contained in Attachment 1 to Report PSD-079-09 be deferred until Council is able to hold a meeting for the purpose of educating and training the members of Council concerning municipal election matters; THAT subsequent to the meeting of Council referred to in paragraph 4 of this recommendation, the Municipal Clerk report to Council on the content of Section 8.4 Election Signs; THAT the Mobile Sign Business Licensing By-law contained in Attachment 3 to Report PSD-079-09 be passed and come into effect January 1, 2010; and THAT all interested parties listed in Report PSD-079-09 and any delegations be advised of Council's decision. CARRIED LAND ACQUISITION 10 DUCHESS STREET - ORONO Resolution #GPA-492-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-080-09 be received; THAT the property identified as 10 Duchess Street, Orono, Ontario and being more particularly described as part of Lot 10, Block "C" C.G. Hanning's Plan, former Village of Orono, being Part of Lot 29, Concession 5, Municipality of Clarington, Regional Municipality of Durham be approved for acquisition for the purchase price of (ten thousand dollars) $10,000.00 plus adjustments; THAT, in addition, the Municipality will pay the Vendors on the Closing Date the sum of One thousand five hundred dollars ($1,500.00) as an allowance to compensate for topsoil and reseeding necessitated by the erosion washout; and the sum of eight hundred and ninety five dollars ($895.00) which are the taxes paid from August 2008 to closing; THAT the funds for the purchase, and any associated costs, be charged to account number 110-50-130-85002-7401 Land Acquisition; THAT the By-law attached to Report PSD-080-09 be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute an Agreement to acquire the property; and -6- General Purpose and Administration Committee Minutes September 14, 2009 THAT staff and the Municipal Solicitor be directed to take all necessary actions to complete the transaction. CARRIED DISSOLUTION OF CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE Resolution #GPA-493-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-081-09 be received; THAT the Clarington Highway 407 Community Advisory Committee be dissolved; THAT the members of the Clarington Highway 407 Community Advisory Committee be thanked for assisting the Municipality in the review of the Environmental Assessment for the Highway 407 East Extension; and THAT all interested parties listed in Report PSD-081-09 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion) Resolution #GPA-494-09 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Resolution #GPA-493-09 be amended by adding the following to paragraph one: "as amended by deleting Section 3, subsection 3.3,". CARRIED The foregoing resolution #GPA-493-09 was then put to a vote and carried as amended. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 9, 2009, JULY 30, 2009 AND AUGUST 20, 2009 Resolution #GPA-495-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-082-09 be received; and -7- General Purpose and Administration Committee Minutes September 14, 2009 THAT Council concurs with the decisions of the Committee of Adjustment made on July 9, 2009, July 30, 2009 and August 20, 2009 for applications A2009-0017 and A2009-0019 through A2009-0028 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE ROAD LAND CORPORTATION Resolution #GPA-496-09 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report PSD-083-09 be received; THAT the application submitted by Prestonvale Road Land Corporation, to remove the Holding (H) symbol on Lot 54, Plan 40M-2391 be approved; THAT the By-law attached to Report PSD-083-09, to remove the Holding (H) symbol be passed and that the Region of Durham be forwarded a copy of Report PSD-083-09; and THAT all interested parties listed in Report PSD-083-09 and any delegations be advised of Council's decision. CARRIED ONTARIO MUNICIPAL BOARD DECISION ON OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN CONTROL APPLICATION, FILES COPA2007-0007, ZBA2007-0026, SPA2007-0021 APPELLANT: ADESA/IMPACT AUTO AUCTION CANADA CORP. Resolution #GPA-497-09 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report PSD-084-09 be received for information. CARRIED -8- General Purpose and Administration Committee Minutes September 14, 2009 ONTARIO MUNICIPAL BOARD DECISION ON OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND SITE PLAN APPLICATIONS APPELLANT: BOWMANVILLE CREEK DEVELOPMENTS INC. Resolution #GPA-498-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-085-09 be received for information. CARRIED MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 Resolution #GPA-499-09 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-086-09 be received; THAT the Municipality of Clarington concurs with the modifications to the Oak Ridges Moraine Zoning By-law 2005-109, proposed by the Ministry of Municipal Affairs and Housing with the exception of modifications 18, 31, and the non-decisions contained in Attachment 1 to Report PSD-086-09; THAT the amendments to the Site Plan Control By-law contained in Attachment 4 to Report PSD-086-09 be approved in principle and brought forward for Council approval upon approval of Zoning By-law 2005-109 by the Ministry of Municipal Affairs and Housing; THAT a copy of Report PSD-086-09 and Council's decision be forwarded to the Ministry of Municipal Affairs and Housing, the Durham Region Planning Department, the Durham Region Works Department, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Kawartha Conservation Authority and the Otonabee Region Conservation Authority; and THAT all interested parties listed in Report PSD-086-09 and any delegations be advised of Council's decision. CARRIED HERITAGE CONSERVATION DISTRICT REVIEW Resolution #GPA-500-09 Moved by Councillor Hooper, seconded by Councillor Trim THAT Report PSD-087-09 be received for information; and -9- General Purpose and Administration Committee Minutes September 14, 2009 THAT any interested parties or delegation be advised of Council's decision. CARRIED COST BENEFIT OF WEATHER CONDITION STUDY Resolution #GPA-501-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff be requested to investigate the feasibility of undertaking a weather condition study to determine if there is an opportunity for a private winery to be established within the Municipality of Clarington. CARRIED RECESS Resolution #GPA-502-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:14 a.m. Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2009 Resolution #GPA-503-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-026-09 be received for information. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2009. Resolution #GPA-504-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-027-09 be received for information. CARRIED -10- General Purpose and Administration Committee Minutes September 14, 2009 OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT -JUNE, JULY & AUGUST 2009 Resolution #GPA-505-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-010-09 be received for information. CARRIED JUNIOR FIRE FIGHTER PROGRAM SPONSORSHIP Resolution #GPA-506-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT a letter of appreciation be forwarded to Ontario Power Generation for their sponsorship of the Junior Fire Fighters' Program. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT GRADE 5 ACTION PASS Resolution #GPA-507-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CSD-014-09 be received for information. CARRIED Councillor Hooper chaired this portion of the meeting -11- General Purpose and Administration Committee Minutes September 14, 2009 CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT -April -June, 2009 Resolution #GPA-508-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-014-09 be received for information; and THAT a copy of Report CLD-014-09 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED 2ND QUARTER PARKING REPORT Resolution #GPA-509-09 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report CLD-015-09 be received; and THAT a copy of Report CLD-015-09 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CONTRACT AWARDS, SUMMER COUNCIL RECESS Resolution #GPA-510-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report COD-052-09 be received; and THAT the By-law attached to Report COD-052-09, marked as Attachment 2, authorizing the Mayor and Clerk to enter into the necessary agreement, be approved. CARRIED -12- General Purpose and Administration Committee Minutes September 14, 2009 TENDER CL2009-40, SNOW CLEARING & WINTER MAINTENANCE OF MUNICIPAL PROPERTY, SIDEWALKS & PARKING LOTS FOR NEWCASTLE & SURROUNDING AREAS Resolution #GPA-511-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-053-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $56,979.60 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-40, be awarded the contract for the Snow Clearing & Winter Maintenance of Municipal Property, Sidewalks & Parking Lots for Newcastle & Surrounding Areas; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations, Emergency Services, Community Services and Clerks Department(s), 2009 Operating Budget(s). CARRIED SENIOR SNOW CLEARING OPTIONS Resolution #GPA-512-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT staff be requested to investigate options for a senior snow clearing program including programs in neighbouring municipalities. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS -JUNE 2009 Resolution #GPA-513-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report FND-019-09 be received for information. CARRIED -13- General Purpose and Administration Committee Minutes September 14, 2009 REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS -JULY 2009 Resolution #GPA-514-09 Moved by Councilllor Robinson, seconded by Councillor Woo THAT Report FND-020-09 be received for information. CARRIED FINANCIAL UPDATE AS AT JUNE 30T", 2009 Resolution #GPA-515-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-021-09 be received for information. CARRIED SALES TAX REFORM - 2010 HST UPDATE Resolution #GPA-516-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report FND-023-09 be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICE 2009 LONG TERM SERVICE EVENT Resolution #GPA-517-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CAO-005-09 be received; and THAT Council approve the Long Term Service event, as described in Report CAO-005-09, for 2009 with a cost not to exceed $5,000. CARRIED -14- General Purpose and Administration Committee Minutes September 14, 2009 UNFINISHED BUSINESS STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METROS DEVELOPMENTS INC.) BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE Resolution #GPA-518-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Addendum 1 to Report PSD-067-09 be received; THAT Report PSD-067-09 be tabled until the October 19t" meeting of the General Purpose and Administration Committee; and THAT all interested parties listed in Report PSD-067-09 and any delegation be advised of Council's decision. CARRIED DELEGATION -RICHARD WARD -REPORT PSD-086-09 -MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 Resolution #GPA-519-09 Moved by Councillor Trim, seconded by Councillor Foster THAT the delegation of Richard Ward be received for information; and THAT Mr. Ward be provided with the Ministry of Municipal Affairs and Housing's contact information. CARRIED DELEGATION -RICHARD WARD -REGARDING COST CUTTING MEASURES Resolution GPA-520-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the delegation of Richard Ward be received with thanks. CARRIED -15- General Purpose and Administration Committee Minutes September 14, 2009 DELEGATION RICHARD WARD -REGARDING PROPERTY STANDARDS ISSUE Resolution #GPA-521-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the delegation of Richard Ward be received for information. CARRIED OTHER BUSINESS Councilor Robinson expressed thanks to the Councillor Trim and the Region of Durham for the work completed on Mill Street, Newcastle. He also thanked the Engineering Department for the sidewalk work. CLARINGTON OLDER ADULT PARKING LOT SNOW CLEARING Resolution #GPA-522-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Operations Department clarify who is responsible for the snow removal at the Clarington Older Adult Centre south parking lot and report back with options. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-523-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 12:17 p.m. CARRIED AYO -16-