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HomeMy WebLinkAbout01/04/2010 General Purpose and Administration Committee Minutes January 4, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 4, 2010 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 Absent: Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Municipal Solicitor, D. Hefferon, arrived at 11:23 a.m. Director of Corporate Services & Human Resources, M. Marano Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Manager of Special Projects, Faye Langmaid Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. ALTER AGENDA Resolution #GPA-673-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT a Confidential Verbal Report from Dennis Hefferon, Solicitor, regarding a Legal Matter, from the December 14, 2009 Council Meeting, be added to the end of the agenda under Other Business. CARRIED - 1 - General Purpose and Administration Committee Minutes January 4, 2010 Resolution #GPA-674-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the rules of order be suspended to add Mr. Richard Ward to the list of delegations, regarding an ongoing issue related to Mr. Ward’s property. CARRIED DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper noted that he had previously declared an interest the matter being discussed in the Public Meeting and Report PSD-001-10, but since there has been a change in ownership of the subject lands, he no longer has a pecuniary interest in the matter. ANNOUNCEMENTS Councillor Novak noted that on New Year’s Eve, the Clarington Zone Hockey th Association and their Bantam AAA team hosted a well-attended 14 annual Finland vs. The ETA Hockey Series. Councillor Hooper rose to note that there were four fallen Canadian soldiers that travelled through Clarington on January 3, 2010 as part of the repatriation process and further noted the significant number of supporters. Also, Councillor Hooper noted that there was a successful Polar Bear Swim on New Year’s Day. MINUTES Resolution #GPA-675-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on December 7, 2009 and the Special Meeting of the General Purpose and Administration Committee held on December 14, 2009, be approved. CARRIED - 2 - General Purpose and Administration Committee Minutes January 4, 2010 PRESENTATIONS BRANDON WEILER AND LISA MARIE WILLIAMS, RYERSON UNIVERSITY, JURY LANDS COMMUNITY DEVELOPMENT PLAN (CAMP 30) Brandon Weiler and Lisa Marie Williams from Ryerson University made a verbal and electronic slideshow presentation regarding the Jury Lands Community Development Plan (Camp 30). Mr. Weiler stated that they represented a student team from Ryerson University, as a student project. He indicated that the project’s mandate was to create a community development plan; identify partnership, funding and reuse opportunities; and develop an implementation strategy. The students performed multiple site visits to Camp 30 and at other locations in order to develop their proposed development plan. Mr. Weiler stated that they envision a community where residents and visitors will: appreciate and learn about local history; access shared community space; support and initiate entrepreneurial activity; and interact with and enjoy the natural environment. He noted that the site has had many names over time and part of their proposal is that the area be rebranded as “The Jury Lands”. Mr. Weiler explained their development proposal, which includes green space, multiple points of access, mixed housing, future commercial retail use, a central square, and barbeque area for visitors. He noted that the central area has a proposed Heritage Conservation District designation. Mr. Weiler outlined proposed uses for each of the buildings. Ms. Williams outlined the implementation plan, including the roles of the Municipality, the Kaitlin Group, and Jury Lands Management Inc. (JLMI), a proposed new organization. She indicated that the JLMI’s mandate would be to facilitate a unified vision, facilitate the planning process, creating programming, ensure timely development, and to secure financing. She outlined the various partnerships including Valleys 2000, the Rotary Club, and the Architectural Conservancy of Ontario. Ms. Williams noted that various activities that would take place in each of the 3 phases over 10 years. - 3 - General Purpose and Administration Committee Minutes January 4, 2010 DELEGATIONS Resolution #GPA-676-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Rev. Frank Lockhart, President of Valleys 2000 Inc., be allowed to speak on behalf of Mr. Harold Wesley Hammond and to combine these delegations, regarding the Annual Report and the Memorandum of Understanding, for a maximum of 10 minutes. CARRIED Rev. Lockhart noted that he is in favour of the recommendations as contained in Report EGD-002-10 regarding the new Memorandum of Understanding between the Municipality of Clarington and Valleys 2000 Inc. which recommends to extend the lease. Rev. Lockhart provided the Committee with the Valleys 2000 Annual Report, which outlined some of the history and the supportiveness of the Board of Directors and the Municipality’s staff member, Peter Windolf. He indicated that the major work has been done on trees in the Valley and that more work will be done to add more trees in the future. In addition, Rev. Lockhart indicated that some of the older trees, such as the willows, will be replaced with different types of trees. He added that a butterfly garden has recently been added. Rev. Lockhart indicated that his group has been performing work on the stream as well, to encourage the salmon run and to prevent flood damage. Rev. Lockhart noted that work has begun on the planning of replacing the current fish ladder, which will include a bridge for public viewing. He indicated that CLOCA has been working on the fish ladder issue with them. Rev. Lockhart advised that, once the plan is in place, the fundraising campaign for the new fish ladder will take place. He noted that one of the service clubs provided the organization with a kiosk. Rev. Lockhart noted that the group has also been working on several ponds in the area. He concluded by stating the group is focussing on a natural area, not gardens. Kurt Franklin, Planner with First-Tech Mechanical addressed the Committee regarding Report PSD-009-10, regarding a request for an extension of the draft approval. He commented that his client is not a large developer and therefore the budget for the project is such that, the activities will not be able to completed within the current timeframe. Mr. Franklin noted that his client is eager to complete the activities required to obtain the subdivision agreement. He asked that the Committee extend the draft approval for two years. Mr. Richard Ward was present to address the Committee regarding the ongoing property issue and the impact on his taxes. He reminded the Committee that he requested various remedies to clarify the situation. The cleanup cost $16,000 which he indicated was not an appropriate cost. Mr. Ward indicated that there were 10 workers and 2 police officers were present when the cleanup took place. He asked that the tax - 4 - General Purpose and Administration Committee Minutes January 4, 2010 situation be addressed. He noted that the Municipality has refused to pick up his garbage. Mr. Ward noted that he has taken the issue to the Police who have indicated that it is a civil matter. He noted that he has been accused of violating election rules, which he maintains did not exist. He proposed that a judicial review investigation including the Solicitor General, be implemented. Mr. Ward noted that the review requires an impartial judge to be conducted in another jurisdiction. Mr. Ward requested that Council suspend the action against him. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING Subject: (a) Application to Amendment to Zoning By-law 84-63 Applicant: Bowmanville Investments Inc. (Smart Centres) Report: PSD-001-10 Paul Wirch, Staff Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Ms. Beth Kelly, with Halloway Developments Limited and Valiant Properties (Home Depot) rose to spoke about the application. Ms. Kelly indicated that Halloway Developments owns the adjacent lands. She noted that Halloway Developments has not had an opportunity to review the Report and therefore she is not sure whether their position is in opposition or support. Ms. Kelly stated that, when this issue was originally proposed by the previous owners, there were site plan conditions that were agreed to. She is concerned that these same standards for the Home Depot garden centre need to be adhered to by the Canadian Tire garden centre. Ms. Kelly noted that, by allowing this move by Canadian Tire, a rezoning of the current site may be required depending on the proposed new use. No one spoke in support of the application. Mr. Michael Bissett, Planning Consultant, Bousfields Inc., addressed the Committee, on behalf of the applicant. He stated that he and his client have reviewed the Report and agree with the recommendations. He noted that, through the Site Plan process, the issues raised by Ms. Kelly will be addressed. Ms. Ornella Richichi, Bowmanville Investments Inc. (Smart Centres), rose to state that any delay in the process could jeopardize their ongoing negotiations with potential tenants in the development. She confirmed that her organization was required to sign agreements to uphold the standards that had previously been outlined. - 5 - General Purpose and Administration Committee Minutes January 4, 2010 PLANNING SERVICES DEPARTMENT REZONING APPLICATION TO REMOVE ALL HOLDING SYMBOLS TO PERMIT A MOTOR VEHICLE REPAIR GARAGE USE AND A YEAR-ROUND GARDEN CENTRE, AND IN ASSOCIATION WITH A LARGE FORMAT RETAIL STORE Resolution #GPA-677-10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD-001-10 be received; THAT the rezoning application submitted by Bowmanville Investments Inc. to remove all Holding (H) Symbols from this property, to permit a motor vehicle repair garage within a large format retail store and to permit a year-round garden centre, which abuts a large format retail store, to a maximum size of 2,150 sq.m. be approved and that the attached By-law contained in Attachment 3 be passed; and THAT the Durham Regional Planning Department, the Municipal Property Assessment Corporation (MPAC), all interested parties listed in Report PSD-001-10 and any delegations be advised of Council’s decision. CARRIED ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Councillor Trim left the room at 11:04 a.m. prior to the following resolution being moved. Resolution #GPA-678-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-002-10 be received; and THAT all interested parties listed in Report PSD-002-10 and any delegations be advised of Council’s decision. CARRIED - 6 - General Purpose and Administration Committee Minutes January 4, 2010 BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Councillor Trim returned to the meeting at 11:08 a.m. Resolution #GPA-679-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-003-10 be received; and THAT all interested parties listed in Report PSD-003-10 and any delegations be advised of Council’s decision. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-680-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-004-10 be received; and THAT all interested parties listed in Report PSD-004-10 and any delegations be advised of Council’s decision. CARRIED ENVIRONMENTAL STEWARDSHIP 2009 PROGRAM UPDATE Resolution #GPA-681-10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-005-10 be received for information. CARRIED - 7 - General Purpose and Administration Committee Minutes January 4, 2010 COURTICE COMMUNITY IMPROVEMENT PROGRAM UPDATE Resolution #GPA-682-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-006-10 be received; and THAT all interested parties listed in Report PSD-006-10 and any delegations be advised of Council’s decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 10, 2009 Resolution #GPA-683-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-007-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on December 10, 2009 for applications A2009-0047 through A2009-0050 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED MINOR VARIANCE TO SIGN BY-LAW 2009-123 APPLICANT: ROBIN JEFFREY Resolution #GPA-684-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-008-10 be received; THAT the application for Minor Variance to the Municipality of Clarington Sign By-law 2009-123, submitted by Robin Jeffrey, to permit a reduction in the minimum required setback from the road allowance from 1 metre to 0 metres and an increase in maximum 22 permitted sign area from 1.5 m to 2.7 m for a ground sign be approved; and THAT all interested parties listed in Report PSD-008-10 and any delegations be advised of Council's decision. CARRIED - 8 - General Purpose and Administration Committee Minutes January 4, 2010 REQUEST FOR EXTENSION OF DRAFT APPROVAL 1613 HIGHWAY 2 AND KENNEDY DRIVE, COURTICE APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN AND PERCY NAPPER Resolution #GPA-685-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report PSD-009-10 be received; THAT the request to extend the lapsing date for the draft approved Plan of Subdivision until October 4, 2012 be denied; THAT an extension to the lapsing date until October 4, 2011 for the draft approved Plan of Subdivision be approved and that the Director of Planning Services be authorized to amend the Conditions of Draft Approval; THAT the by-law authorizing the entering into a Subdivision Agreement between the Owner of the lands and the Municipality of Clarington be approved as contained in Attachment 2 to Report PSD-009-10; and THAT all interested parties listed in Report PSD-009-10 and any delegations be advised of Council's decision. CARRIED Resolution #GPA-686-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT the Committee recess for 10 minutes at 11:13 a.m. CARRIED The meeting reconvened at 11:23 a.m. Mayor Abernethy was not present when the meeting reconvened. Councillor Foster chaired this portion of the meeting. - 9 - General Purpose and Administration Committee Minutes January 4, 2010 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2009 Resolution #GPA-687-10 Moved by Councillor Novak, seconded by Councillor Trim THAT Report EGD-001-10 be received for information. CARRIED NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY OF CLARINGTON AND VALLEYS 2000 Resolution #GPA-688-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-002-10 be received; THAT the New Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be approved; THAT a by-law be passed to authorize the Mayor and Municipal Clerk to execute the New Memorandum of Understanding on behalf of the Municipality of Clarington; and THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council’s decision. CARRIED ROBINSON RIDGE SUBDIVISION PHASE 4, COURTICE, PLAN 40M-2259, ‘CERTIFICATE OF ACCEPTANCE’, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-689-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-003-10 be received; and 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-2259. CARRIED - 10 - General Purpose and Administration Committee Minutes January 4, 2010 Mayor Abernethy returned to the meeting at 11:25 a.m. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Mayor Abernethy chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT – NOVEMBER 2009 Resolution #GPA-690-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report ESD-001-10 be received for information. CARRIED Fire Chief Weir provided the Committee with a verbal report regarding the response calls over the recent holiday season. 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 SALE OF FIREWORKS – PERFECT PARTY PLACE Resolution #GPA-691-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report CLD-001-10 be received; THAT the request of Mike and Carmen Gazo, Owners, Perfect Party Inc. to sell fireworks year round, be denied; and THAT Mike and Carmen Gazo be advised and forwarded a copy of Report CLD-001-10. CARRIED - 11 - General Purpose and Administration Committee Minutes January 4, 2010 Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Q2009-33, ONE (1) CULVERT STEAMER WITH TANDEM AXLE ROAD TRAILER Resolution #GPA-692-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-001-10 be received; THAT Intersteam Technologies, Hamilton, Ontario, with a total bid in the amount of $24,449.04 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Quotation Q2009-33, be awarded the contract to supply One (1) Culvert Steamer with Tandem Axle Road Trailer, as required by the Municipality of Clarington, Operations Department; and THAT the funds required in the amount of $24,449.04 (plus G.S.T.), be drawn from 2009 Capital Budget account number 110-36-388-83643-7401. CARRIED FINANCE DEPARTMENT REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS – NOVEMBER 2009 Resolution #GPA-693-10 Moved by Councillor Trim, seconded by Councillor Novak THAT Report FND-001-10 be received for information. CARRIED - 12 - General Purpose and Administration Committee Minutes January 4, 2010 CHIEF ADMINISTRATIVE OFFICER CORPORATE STRATEGIC BUSINESS PLAN 2007-2010 2009 PROGRESS REPORT Resolution #GPA-694-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report CAO-001-10 and the attached 2009 Progress Report be received for information. CARRIED CONFIDENTIAL VERBAL REPORT, FRANK WU, CAO, REGARDING A LEGAL MATTER, FROM THE DECEMBER 14, 2009 COUNCIL MEETING Resolution #GPA-695-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the confidential verbal report from the CAO regarding a legal matter from the December 14, 2009 Council meeting be moved to the end of the agenda to be considered in “closed” session, following the confidential verbal report from Mr. Hefferon. CARRIED UNFINISHED BUSINESS BRANDON WEILER AND LISA MARIE WILLIAMS, RYERSON UNIVERSITY, JURY LANDS COMMUNITY DEVELOPMENT PLAN (CAMP 30) Resolution #GPA-696-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the presentation of Brandon Weiler and Lisa Marie Williams, Ryerson students, regarding the student project regarding the Camp 30 Lands be received for information and that the students be congratulated for their presentation; and THAT a copy of the “The Jury Lands” report and the memo from Mr. Crome, dated December 16, 2009, explaining the Ryerson University student project, be forwarded to Bev Oda, Member of Parliament and John O’Toole, Member of Provincial Parliament. CARRIED - 13 - General Purpose and Administration Committee Minutes January 4, 2010 FRANK LOCKHART, PRESIDENT, VALLEYS 2000 INC., REGARDING VALLEYS 2000 ANNUAL REPORT Resolution #GPA-697-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the delegation of Rev. Frank Lockhart regarding the Valleys 2000 Annual Report and the new Memorandum of Understanding be received with thanks. CARRIED RICHARD WARD, REGARDING ONGOING PROPERTY ISSUES Resolution #GPA-698-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT the delegation of Mr. Richard Ward, regarding the ongoing Property issues, be received for information. CARRIED OTHER BUSINESS ICE ALLOCATION FOR MINOR HOCKEY AT THE NEWCASTLE RECREATION CENTRE Councillor Robinson rose on the issue of Community Services and ice allocation with regard to minor hockey and the Newcastle Recreation Centre. He noted that every year, the user groups put forward their request for their number of hours requested. Councillor Robinson noted that the minor hockey association requested 36 hours and were given 35 hours and further that there has been a recent request to increase the number of hours to 64. He informed the Committee that there is currently a meeting scheduled to discuss the issue. COMMUNICATIONS There were no items considered under this section of the Agenda. - 14 - General Purpose and Administration Committee Minutes January 4, 2010 UNFINISHED BUSINESS - CONTINUED Resolution #GPA-699-10 Moved by Councillor Foster, seconded by Councillor Trim THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of: ? A matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and ? A matter that deals with advice that is subject to Solicitor-Client privilege, including communications necessary for that purpose. CARRIED The meeting resumed in open session at 1:35 p.m. RISE AND REPORT Mayor Abernethy advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. CONFIDENTIAL VERBAL REPORT, DENNIS HEFFERON, SOLICITOR, REGARDING A LEGAL MATTER FROM THE DECEMBER 14, 2009 COUNCIL MEETING Resolution #GPA-700-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the confidential verbal report from Mr. Dennis Hefferon, Solicitor, regarding a legal matter from the December 14, 2009 Council Meeting, be received for information. CARRIED CONFIDENTIAL VERBAL REPORT, FRANK WU, CAO, REGARDING A LEGAL MATTER FROM THE DECEMBER 14, 2009 COUNCIL MEETING Resolution #GPA-701-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the CAO be directed to accept the tentative agreement as presented by the CAO, during the “closed” session. CARRIED - 15 - General Purpose and Administration Committee Minutes January 4, 2010 ADJOURNMENT Resolution #GPA-030-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 1:36 p.m. CARRIED ~ ~~ ~~ MAYOR UTY LER -16-