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HomeMy WebLinkAbout11/02/2009 General Purpose and Administration Committee Minutes November 2, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 2, 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: Director of Corporate Services & Human Resources and Acting Chief Administrative Officer, M. Marano Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Finance, N. Taylor Deputy Fire Chief, Emergency Services, M. Berney Deputy Clerk, A. Greentree June Gallagher, Clerk II 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 announced that she represented the Regional Chair, Roger Anderson, at the Cardinal’s Dinner on Thursday, October 29, 2009. In addition, she wanted to remind everyone that Regional Transit is having an open house today (November 2, 2009) from 4:00 p.m. to 8:00 p.m. at the Garnet B. Rickard Recreation Complex regarding the Durham Region Transit Strategy. Councillor Hooper announced that Mr. Al Storie, along with one of Mr. Shrubb’s family members, had recently travelled to England, for the induction of Mr. Alfie Shrubb into the Sports Hall of Fame for England. He explained that Mr. Shrubb was a long distance 1 - - General Purpose and Administration Committee Minutes November 2, 2009 runner from the local area. Mr. Storie would like to come to Council for a formal presentation at a later date. Mayor Abernethy advised the Committee that he received notification from Laurie Swami, Director, Licensing and Environment for the Darlington New Nuclear Project, of a joint announcement by the Federal Minister of the Environment and the President of the Canadian Nuclear Safety Commission regarding an announcement of the Joint Review Panel for OPG’s New Nuclear at Darlington Project. They announced the members of the Joint Review Panel (JRP) who will preside over the Project’s environmental assessment. The panel members are Mr. Alan R. Graham as the panel chair, and Ms. Jocelyne Beaudet and Mr. Joseph Kenneth Pereira. The JRP is accountable for conducting a six-month technical and public review of the submission likely starting in November 2009 and subsequent to the completion of the review, the JRP will host hearings later in 2010 which will be open to the public. MINUTES Resolution #GPA-588-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on October 19, 2009, be approved. CARRIED PRESENTATIONS There were no presentations. DELEGATIONS Resolution #GPA-589-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the rules of order be suspended to amend the list of delegations. CARRIED Resolution #GPA-590-09 Moved by Councillor Foster, seconded by Councillor Novak THAT Ms. Libby Racansky be allowed to speak at the end of the delegations. CARRIED - 2 - General Purpose and Administration Committee Minutes November 2, 2009 Greg Milosh addressed the Committee regarding the Brookhill Neighbourhood Official Plan Review. He lives in Oshawa and his family owns land in Bowmanville. He referred to the handouts that he distributed to the Committee, which were Attachments #1 and #2 to Report PSD-028-08. The 42 acres are owned by 10 people who are relatives and has been owned by the family since 1980. Approximately 4 years ago, they started to receive some interest from real estate agents, which was at the same time that the plans for the Brookhill neighbourhood began. The family started to research property values at that time and met with the Municipality’s Planning Staff. He acknowledged that the Planning Staff have been very helpful, cooperative and responsive and that he is pleased with the cooperation with the Planning Department. Mr. Milosh indicated that there have been two obstacles that they have encountered. One of the obstacles has been that the Ministry of Municipal Affairs & Housing has declared the northern half of the neighbourhood as a greenbelt. However, this is inaccurate and he requires it to be corrected. M.P.P. John O’Toole and the Municipality’s Planning staff have brought this oversight to the attention of the Ministry. The second issue is that the Municipality’s Official Plan Review will affect the zoning on his property and the Review has not been completed yet. Mr. Milosh said that this is causing problems in the sale because the development time frame is in question. He asked the Committee whether they could advise on the timing of the Official Plan Review. Mr. Milosh confirmed that he is aware that the process is time consuming, but asked that the Official Plan Review be expedited. Bill Creamer, from D.G. Biddle and Associates, addressed the Committee regarding Report PSD-100-09 (Courtice Homestead Land Corp.). Mr. Creamer accepts the recommendations of Report PSD-100-09 but wanted to bring one issue to the attention of the Committee. The issue is regarding the R1-77 zone and he asked that the side yard setbacks be changed to 0.6 and 1.2, which is the same as the remaining lots on that side. Richard Ward addressed the Committee regarding the scope of Report FND-029-09 with respect to Mr. Ward’s delegation at the last GPA meeting. In 1996, he had requested an Official Plan change and his was the only one refused, out of the several that were put forward. Subsequent to that request, he was unfairly impacted on his property assessment and he believes that the tax assessment increase process should have been frozen when he was frozen out of the Official Plan change process. He informed the Committee that he recently asked for an Official Plan designation to acknowledge that there is a single use on the property. In addition, he mentioned that the Municipality was surcharging him ($170/year) for garbage pickup which he was disputing. The result has been that garbage pickup was suspended. In 1999, he began asking questions about the golf course in Ajax, which he believes resulted in the Tax Collector issuing a distress warrant notice. Mr. Ward also believes his inquiries also led to a criminal investigation against him for threatening and a further ban from coming into the Municipal Offices. He stated that he believes that his Charter of Rights has been - 3 - General Purpose and Administration Committee Minutes November 2, 2009 violated. He asked the Committee to suspend his property taxes while a full investigation takes place. Mr. Ward indicated that he stopped working on his house and refused to do maintenance on his property as the property assessment was unjustifiable, which resulted in a order to clean up his property. Mr. Ward confirmed that his property is zoned “hamlet” by the Region and zoned half Agriculture and half Residential by the Municipality of Clarington. He provided the Committee with information about property values and offers from the 407 ETR on two other properties owned by others, which he confirmed was heresay but from a good source. Mr. Ward confirmed that he has submitted, in the past, a “Request for Consideration” and several appeals to MPAC. Libby Racansky addressed the Committee regarding Reports PSD-100-09 and PSD-104-09. Her concern was regarding the Special Study being included in the application. She stated that she hoped that the road from the Homestead development northward on the Plan will not be extended prior to the watershed study. She quoted some concerns about the Special Study Area by the Durham Region, Central Lake Ontario Conservation Authority, Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing. Ms. Racansky stated that she did not understand why this area was even included within the Homestead application. She was concerned with the budget and she did not think that the Municipality will be able afford problems of erosion. She asked whether the Municipality was aware of dealing with the sensitive aquifer and that this included the protection of what lies below the ground, including the groundwater. She stated that she believes that the Municipality completely ignored natural laws and further that each unnecessary project to fix these problems, cumulatively, led to this year’s budget shortfall. Ms. Racansky concluded that she approves the Homestead development, but not the extension of any kind, within the Special Study and further that a financial contribution for downstream erosion should be required to avoid financial pressure on the Municipality and taxpayers. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING There were no Public Meetings. - 4 - General Purpose and Administration Committee Minutes November 2, 2009 PLANNING SERVICES DEPARTMENT APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 31 SINGLE DETACHED DWELLING UNITS APPLICANT: COURTICE HOMESTEAD LAND CORPORATION Resolution #GPA-591-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-100-09 be received; THAT Amendment No. 68 to the Clarington Official Plan as submitted by Courtice Homestead Land Corporation, to delete Type ‘C’ Arterial Road (Future Adelaide Avenue) east of Trulls Road, be adopted as indicated in Attachment 4 to Report PSD-100-09 and that the By-law contained in Attachment 4 to Report PSD-100-09 be adopted; THAT the application for Draft Approval of the Proposed Plan of Subdivision submitted by Courtice Homestead Land Corporation be approved as contained in Attachment 2 to Report PSD-100-09, subject to the Conditions of Draft Approval, contained in Attachment 5 to Report PSD-100-09; THAT the application for Zoning By-law Amendment, submitted by Courtice Homestead Land Corporation be approved as contained in Attachment 6 to Report PSD-100-09; THAT the By-law authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2007-0002 and the Municipality of Clarington be approved as contained in Attachment 7 to Report PSD-100-09; THAT a copy of Report PSD-100-09 and Council’s decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation; and THAT all interested parties listed in Report PSD-100-09 and any delegations be advised of Council’s decision. CARRIED - 5 - General Purpose and Administration Committee Minutes November 2, 2009 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 15, 2009 Resolution #GPA-592-09 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-103-09 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 15, 2009 for applications A2009-0037 through A2009-0039 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 SYMBOL APPLICANT: ARNOT WOTTEN Resolution #GPA-593-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-104-09 be received; THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-104-09 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-104-09, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED - 6 - General Purpose and Administration Committee Minutes November 2, 2009 EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO THE APPRAISED VALUE Resolution #GPA-594-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-105-09, regarding the matter of the Expropriation of 902714 Ontario Inc. (Bruce Brown) Adjustment to the Appraised Value, be referred to the end of the Agenda to be considered in a closed meeting of the Committee. CARRIED ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. OPERATIONS SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. CLERK’S DEPARTMENT CUSTOMER SERVICES STANDARDS – ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005 Resolution #GPA-595-09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report CLD-023-09 be received; and THAT the Customer Service Standard Policy included as Attachment No. 1 to Report CLD-023-09 be approved and incorporated into Corporate Policy. CARRIED - 7 - General Purpose and Administration Committee Minutes November 2, 2009 ANIMAL SERVICES QUARTERLY REPORT – July – September, 2009 Resolution #GPA-596-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report CLD-024-09 be received for information; and THAT a copy of Report CLD-024-09 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED 2010 MUNICIPAL ELECTIONS – REQUEST FOR CLERK TO REPORT Resolution #GPA-597-09 Moved by Councillor Foster, seconded by Councillor Novak, THAT the Clerk report on the costs, benefits, possible drawbacks and other information that the Clerk deems pertinent, regarding automatic vote tabulation in comparison with a manual count with respect to the 2010 Municipal Elections. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2009-43, SENIORS & PHYSICALLY DISABLED SIDEWALK AND WINDROW SNOW CLEARING SERVICES REVISED Resolution #GPA-598-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report COD-062-09 be received; THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid price of $64,080.80 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-43, be awarded the contract for the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services Revised; - 8 - General Purpose and Administration Committee Minutes November 2, 2009 THAT pending satisfactory pricing and service the contract be extended for a second and third year; THAT Council authorize the insertion of an advertisement in local papers informing residents of the reinstatement of the program; THAT the annual administration fee for the 2010/2011 Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be reviewed and reassessed in the Spring of 2010; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget(s). TABLED AS AMENDED (See following motion) Resolution #GPA-599-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the foregoing resolution be amended by adding the words “as soon as possible”, at the end of the sentence in Paragraph 4. CARRIED Resolution #GPA-600-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the report be tabled to the Council meeting of November 9, 2009. CARRIED The foregoing Resolution #GPA-598-09 was then tabled as amended. TENDER CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS Resolution #GPA-601-09 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-063-09 be received; THAT KLD Construction Limited, Ajax, ON with a total bid price of $389,085.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2009-41, be awarded the contract for the Fuel Tank Requirements at Various Locations; - 9 - General Purpose and Administration Committee Minutes November 2, 2009 THAT funds required in the amount of $139,185.00 be drawn from the Operations 2009 Capital Budget Account 110-36-370-83677-7401 for Depot 42; and THAT funds required in the amount of $249,900.00 be drawn from the General Municipal Reserve Fund for Hampton and Orono Operations Centre. CARRIED HOLIDAY TRAIN IN CLARINGTON Resolution #GPA-602-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-064-09 be received; THAT Council approve and endorse the Municipality’s participation in the 2009 event within budget implication; THAT Council approve and endorse that the required Road Occupancy permit be held in the Municipality’s name and insured under the general municipal policy; and THAT Ms. Ellen Cowan, a private citizen, be recognized and thanked for her financial support and continued enthusiasm for the Holiday Train initiative. CARRIED Councillor Robinson left the room at 11:03 a.m. prior to the foregoing Resolution #GPA-602-09 being voted upon. Councillor Robinson returned to the meeting at 11:06 a.m. - 10 - General Purpose and Administration Committee Minutes November 2, 2009 FINANCE DEPARTMENT RICHARD WARD’S REQUEST TO SUSPEND TAX SALE PROCESS ON HIS PROPERTY Resolution #GPA-603-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees, regarding Report FND-029-09, regarding the matter of Richard Ward’s request to suspend the tax sale process on his property. CARRIED Councillor Novak left the meeting at 11:06 a.m. Councillor Novak returned to the meeting at 11:08 a.m. after the Committee had moved to closed session. The meeting reconvened in open session at 11:18 a.m. 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 that no resolutions were passed. Resolution #GPA-604-09 Moved by Councillor Trim, seconded by Councillor Woo THAT Report FND-029-09 be received; THAT Council deny Mr. Ward’s request to suspend the Tax Sale process on his property located at 3709 Regional Road 9, Orono, Ontario; THAT Council deny Mr. Ward’s request to remove property standards cost for property clean up from his tax roll; and THAT this resolution be forwarded to Mr. Richard Ward. CARRIED - 11 - General Purpose and Administration Committee Minutes November 2, 2009 CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS FIRE SERVICES LONG SERVICE MEDALS/FIREFIGHTER RECOGNITION CEREMONY Resolution #GPA-605-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Report ESD-012-09 be received for information. CARRIED REPORT COD-033-09, REGARDING PAY EQUITY: CUPE LOCAL 74 UNION MUNICIPAL ACT LIBRARY: MERCER PLAN IMPLEMENTATION Resolution #GPA-606-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the verbal report by Mr. Bruce Martin from Mercer Consultants on May 4, 2009 be received; THAT the Memorandum of Understanding for implementation of the revised Pay Equity Plan, signed by CUPE Local 74 on behalf of the Inside, Outside and Library Union Members of Council (Attachment #1) be accepted as confirmation of the Plan as a deemed approved plan for Pay Equity Purposes; THAT the Mercer Pay Equity Plan be approved by Council for implementation; THAT the recommended adjustments resulting from the Consultant’s review of the pay equity process, be effective at January 1, 2009; THAT the Pay Equity banding be reviewed for updating and possible realignment if necessary, to reflect the appropriate separation between grid levels and bargaining units, at the conclusion of the three year review period; THAT, consistent with the industry norm and Municipality of Clarington practice since 2006, future recommendations by the Pay Equity Committees regarding Pay Equity adjustments to compensation be approved by the CAO; - 12 - General Purpose and Administration Committee Minutes November 2, 2009 THAT the Library Board be advised of Council’s decision as the Municipality is the recognized employer for Pay Equity Purposes; and THAT the Union Local 74 President be advised of Council’s decision and approval of the plan as an approved plan in satisfaction of the Pay Equity Act obligations, and that they be thanked for the Union Members’ contributions and participation in the revision process. CARRIED DELEGATION - GREG MILOSH’S BROOKHILL NEIGHBOURHOOD OFFICIAL PLAN REVIEW Resolution #GPA-607-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT the delegation of Greg Milosh, regarding the Brookhill Neighbourhood Official Plan Review, be received with thanks. CARRIED OTHER BUSINESS Councillor Robinson rose to bring forward the issue of the local family that was affected by a recent F1 tornado. He mentioned that this issue will be included on the November 9, 2009 Councill meeting as correspondence. Mayor Abernethy brought forward the issue of the Bowmanville & Newcastle Santa Claus Parades yearly requests which will be included on the November 9, 2009 Council meeting as correspondence. - 13 - General Purpose and Administration Committee Minutes November 2, 2009 UNFINISHED BUSINESS – (CONTINUED) EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO THE APPRAISED VALUE Resolution #GPA-608-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT in accordance with Section 239 (2) of the Municipal Act 2001, as amended, the meeting be closed for the purpose of considering Report PSD-105-09, regarding the matter of the Expropriation of 902714 Ontario Inc. (Bruce Brown) Adjustment to the Appraised Value, which deals with a proposed or pending acquisition or disposition of land by the municipality or local board. CARRIED Councillor Robinson left the meeting prior to moving into Closed Session. The Committee moved into Closed Session at 11:30 a.m. The meeting reconvened in open session at 11:38 a.m. 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. No resolutions were passed in closed session. Resolution #GPA-609-09 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-105-09 be received; THAT an additional payment of $241,050.00 plus interest calculated as set out in the Expropriation Act, Section 33, be forwarded to 902714 Ontario Inc. (Bruce Brown) with funds to be provided from Account No. 110-50-130-85002-7401 Land Acquisition; and THAT all interested parties listed in Report PSD-105-09 and any delegations be advised of Council's decision. CARRIED - 14 - General Purpose and Administration Committee General Purpose and Administration Committee Minutes November 2, 2009 COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-610-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the meeting adjourn at 11:40 a.m. CARRIED MAYO ~~ ~,~~~~ D~EPUT1"CLERK -15-