HomeMy WebLinkAbout04/19/2010
General Purpose and Administration Committee
Minutes
April 19, 2010
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, April 19, 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 W. Woo
Absent: Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Deputy Fire Chief, M. Berney
Director of Community Services, J. Caruana
Director of Engineering Services, T. Cannella
Deputy Treasurer, L. Gordon
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services & Human Resources, M. Marano
Deputy Clerk, A. Greentree
Clerk II, J. Gallagher
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 the Central Lake Ontario Conservation Area has
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scheduled a tree planting event on Saturday, April 24 from 9:00 a.m. to noon and
encouraged everyone to participate. Councillor Novak also noted that the Clarington
Older Adults Association (COAA) held a sold-out variety evening on Saturday. As well,
the COAA is holding a volunteer appreciation evening on Wednesday, April 21, 2010
starting at 5:00 p.m.
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Councillor Robinson announced that he attended a fundraising event at the Kendal
Community Centre, to raise funds in excess of $7500 for an area family in need.
Councillor Robinson thanked the sponsors and those that attended the event.
Councillor Robinson also announced that on Saturday, April 17, 2010, he attended the
retirement of Alf Alldread, the former Newcastle District Fire Chief. Also, he announced
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the opening, on April 17 of the art event, “Piece of Mind”, regarding recycling and what
can be done. Councillor Robinson encouraged the Region to work with individuals and
groups like this to make use of recyclables.
Councillor Foster announced that retired police chief, Kevin McAlpine, has accepted the
position of police chief of Port Hope. He noted his involvement in the community and
wished him well in the future.
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Councillor Hooper announced that on Saturday, April 17 most of Council attended the
opening of Addie’s Dairy and Frozen Foods at 219 King Street East. In addition, he
noted that there was recently an opening of a new records store called Vinyl Alibi
Records located at 19 Scugog Street.
Councillor Hooper thanked the Board of Trade for their involvement in bringing people
to our municipality.
MINUTES
Resolution #GPA-234-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on March 29, 2010, be approved.
CARRIED
PRESENTATIONS
Christine Fahey, Director, Port Hope Area Initiative Management Office (PHAIMO),
addressed the Committee with an update on the Port Granby Project. She introduced
the representatives related to the presentation. Ms. Fahey provided the Committee with
a recap of the transition phase, which includes three project phases (regulatory
approvals; construction and development; and long-term monitoring and maintenance).
She noted that, in 2008, the transition phase was approved to bridge the completion of
Phase 1 and Phase 2. Ms. Fahey stated that there is a $30 million federal government
investment in 2008 with an additional $18 million in January, 2010. She reviewed the
environmental assessment stages, noting that PHAIMO would be consulting with the
public in the development of the biophysical effects program to be launched in the
spring. Ms. Fahey informed the committee that AECOM Canada Limited has been
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selected as the design consultant for a contract totalling $10.8M. She noted that the
design scope includes the new Long Term Waste Management Facility (LTWMF) and
remediation sites, construction planning and cost estimate; construction document
preparation; and overseeing the construction work. Ms. Fahey advised that the End
Use Committee Report was completed and advanced for acceptance in March, 2010.
She noted that the discussions currently taking place with property owners are part of
the follow-up program commitment. Ms. Fahey noted that the licensing strategy was
revisited based on the Port Hope Project experience. The timing for the Canadian
Nuclear Safety Commission (CNSC) hearing has been deferred until late 2011, with no
impact on the 2012 start date for construction. Ms. Fahey reviewed the ongoing
programs which include stakeholder relations, municipal administration cost recovery,
municipal tax revenue loss, property value protection, and real estate agent knowledge.
Regarding project governance, Ms. Fahey reviewed the establishment of the PHAIMO
office and noted that the federal government recently appointed them to lead the
project. In summary, Ms. Fahey reviewed the focus for the next 18 months, which
includes: completing the detailed design for new LTWMF; developing and implementing
environmental assessment follow-up programs; establishing visual and sound barriers;
preparing licence application for CNSC consideration; meeting the legal agreement
program commitments; and keeping municipal officials and local residents informed on
progress related to Port Granby Project.
Eha Naylor, The ENVision Group, addressed the Committee regarding Report
PSD-051-10, regarding the Port Granby Project - Report of the End Use Advisory
Committee. Ms. Naylor was accompanied by Mr. Gary Vandergaast, from PHAIMO.
Mr. Vandergaast noted that the End Use Plan is part of the agreement and reminded
the Committee that the study began in late 2007 which was followed by the
development of the End Use Plan. Ms. Naylor began with an overview of the stages
involved in the study, which were background data collection and review, policy review,
field work, concept development, public consultation/review, development of the
preferred master plan, draft report, public meetings, and final report. She assured the
Committee that the public has been involved. Ms. Naylor informed the Committee of
the landscape planning objectives for the report which were to: create a nature reserve,
enable natural regeneration, design with the natural heritage framework, create
diversity, build linkages, enhance the shoreline ecosystem, minimize the ecological
footprint, maximize benefits, and ensure that infrastructure is unobtrusive. She provided
the Committee with a summary of background activities. Ms. Naylor noted some site
characteristics including a review of the regional physiography, hydrology, ecological
land classifications, and natural heritage. She noted that science has led the design
which resulted in the natural landscape of drumlins directing the strategy. Ms. Naylor
noted that there have been precedents in other remediation projects to use local
landform and typologies for guidance. She informed the Committee of the vision and
guiding principles. Ms. Naylor stated that they had developed three preliminary
concepts – meadow, forest, and agriculture and undertook a design study in order to
refine and recommend a concept. The recommended concept takes aspects from each
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of the concepts, which includes a drumlin, woodland area and linkages. She noted that
the concept goes beyond the licensed areas and includes adjacent lands in the study
area.
Adam Labijak, Web Technician, addressed the Committee regarding the new look for
the municipal website. Mr. Labijak reviewed the new colour schemes, the accessibility,
the language, the interactive features, and statistical analysis of the website. He noted
that there is a colour scheme associated with each of the areas of interest on the
navigation menu. He also reviewed the changes that are being made in order to be
compliant with the W3C standards which states that all websites must be accessible for
people with disabilities. W3C is the main international organization for standards on the
world wide web. Mr. Labijak noted that these changes include: no border to allow for
different size screens; text size adjustor, print size feature which ensures no loss of
content when printing; visibility to screen readers; and service disruption page. He
explained the new “how do I” page. Mr. Labijak stated that there has been great
success on the implementation of the events calendar, recently implemented in
January, 2010, which allows users to submit their own events to the calendar. He noted
that the Communications & Marketing Division reviews the submissions and upon
approval, it becomes live on the calendar within the website. Mr. Labijak noted that the
home page includes the next four upcoming events. He provided the Committee with
some interesting statistics regarding the website, including 68,000 page views, 21,000
unique visitors and 6000 views of the calendar page in March 2010. Mr. Labijak
informed the Committee that he will be forwarding a test link to Council and staff looking
for feedback before implementing the new website.
SUSPEND RULES
Resolution #GPA-235-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Rules of Procedure be suspended.
CARRIED
(See following motion)
Resolution #GPA-236-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Tom Rees be added as a delegation at the end of the delegation section.
CARRIED
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RECESS
Resolution #GPA-237-10
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the Committee recess for a 10 minute break until 11:00 a.m.
CARRIED
The meeting resumed at 11:00 a.m.
DELEGATIONS
Chuck MacDonald, West Beach Cottagers Association, was present regarding Report
PSD-050-10, West Beach Cottagers. Mr. MacDonald presented a signed petition
regarding a request for the residents to be allowed to stay on the property until the land
is developed into a park by the Municipality. He thanked Council and Ms. Langmaid
and municipal staff for their assistance during this process.
Ross Smith was present regarding Report PSD-050-10, West Beach Cottagers. Mr.
Smith stated that he was also speaking on behalf of his wife, Sharon. He also thanked
Ms. Langmaid for answering questions and concerns. He stated that he supports the
agreement. Mr. Smith extended an invitation to the Mayor and Council to join them at
their wedding reception during the Civic holiday weekend.
Sharon Eccles was present regarding Report PSD-050-10, West Beach Cottagers. Ms.
Eccles stated that she was very pleased with the proposal.
Dr. Ted Bounsall was called, but was not present.
Glen Genge, D.G. Biddle & Associates, was present regarding Report PSD-049-10 to
permit the Construction of a Golf Driving Range and Accessory Uses. Mr. Genge was
present representing two of the landowners whose property abuts the subject lands. He
stated that his clients are requesting that, during the site plan approval, regard be given
for requiring the driving range owner to erect a six foot cedar hedge, in addition to the
proposed netting. Mr. Genge stated that if this is not done, his client’s privacy and
security will be compromised. He also stated that his clients are concerned about an
old wire fence which they deem a hazard. He requested that it be removed or replaced.
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Ken Bromley was present regarding Report PSD-052-10, concerning the appeal of
Zoning By-Law Amendment, applicant: Green Martin Holdings Ltd. Mr. Bromley stated
that he is concerned about the proposed change of zoning. He stated that he
appreciates Council’s decision to deny the proposed zoning change. Mr. Bromley gave
credit to the Clerk’s Department in the notice of the denial for noting that representation
was made to the purchasers of the earlier properties. He stated that he plans to appear
at the Ontario Municipal Board hearing.
Bob Kreasul was present, representing the resident boaters of Port Darlington Marina,
regarding Report PSD-042-10, concerning Dredging – Bowmanville and Newcastle
(Bondhead) Municipal Boat Launches. Mr. Kreasul reminded the Committee that he
had forwarded a letter to Council following the last GPA meeting. He reiterated that he
is not asking Council to pay for any dredging on private property. Mr. Kreasul
suggested that, by using the pay-and-display machine in the parking area, the
Municipality could recuperate the costs from the users. He informed the Committee that
the Town of Cobourg has put forward a quote of $40,000 to perform the dredging from
the boat launch to the lake. Mr. Kreasul stated that there are 60 businesses depending
on the channel, including tour boat operators.
Anne McGuey was present regarding Report FND-009-10, regarding Tax Office
change of ownership fee. Ms. McGuey stated that she is concerned about the $25
administration fee that she was charged. She informed the Committee that she had
written to the Municipality asking why there is an administrative fee for this service,
which she believes should be paid for by the property taxes. Additionally, the service
fee was to be effective on January 1, 2010, however her house was purchased in
October, 2009. Ms. McGuey stated that she received a copy of Report FND-009-10
and further that she has yet to receive a satisfactory answer. She further noted that she
had recently purchased a home in Newcastle and has yet to receive a tax bill.
Tom Rees, Planner, Biglieri Group, was present representing the applicant for the
rezoning of land for a golf driving range. Regarding the staff Report PSD-049-10, he
stated that it is his client’s proposal to have a driving range, pro shop and restaurant
together. Mr. Rees stated that the staff report has indicated that the restaurant has
been limited to certain hours, scope and size in order to downplay the restaurant. He
stated that his client agrees to the operating hour restriction, but was concerned about
the ambiguity regarding the restaurant use (whether it is a canteen or full restaurant). In
addition, Mr. Rees indicated that he is concerned about staff’s proposal which reduces
the size of the restaurant area and would ask for flexibility on this issue. Mr. Rees
requested that a decision not be made at this time to allow for further discussions with
staff.
Councillor Novak chaired this portion of the meeting.
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PUBLIC MEETING
There were no public meetings scheduled.
PLANNING SERVICES DEPARTMENT
APPLICATION TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE
AND ACCESSORY USES
Resolution #GPA-238-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-049-10 be tabled until the Council meeting of April 26, 2010 to allow
staff the opportunity to meet with the applicant.
CARRIED
OFFER OF COMPENSATION TO COTTAGE OWNERS RESPECTING THE
EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE
WATERFRONT DISTRICT PARK
Resolution #GPA-239-10
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT Report PSD-050-10 be adopted;
THAT Council approve the offer of settlement set out in the letter from Faye Langmaid
to Chuck MacDonald and Gary Cole dated March 12, 2010 (Attachment 1 to Report
PSD-050-10) and accepted by the cottage owners listed in Schedule 1 as set out in
their consent (Attachment 8 to Report PSD-050-10);
THAT the Municipality’s solicitor be authorized to:
(i) prepare a Memorandum of Understanding (MOU) between the
Municipality and the cottage owners listed in Schedule 1 to Report
PSD-050-10 containing provisions necessary to give effect to the offer of
settlement referred to in paragraph 2, and
(ii) protect the Municipality’s interests as considered to be appropriate by the
Director of Planning Services, and to prepare the leases and other
documents to implement the Memorandum of Understanding;
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THAT Council pass a by-law (Attachment 9 to Report PSD-050-10) to authorize the
Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the
Memorandum of Understanding and the leases and documents necessary to implement
the intent of Report PSD-050-10 as referred to in Recommendation 3; provided that the
Municipality is satisfied that the cottages are fit for habitation and in compliance with
health, safety, housing and maintenance standards;
THAT subject to the execution of the Memorandum of Understanding referred to in
Recommendation 3, the Municipal Clerk be authorized to withdraw the applications to
the Landlord and Tenant Board under the Residential Tenancies Act, 2006 to terminate
the tenancies of the cottage owners who have executed the Memorandum of
Understanding;
THAT the Director of Planning Services be authorized to continue discussion with the
owners of the cottage on Lot 17 on Plan 345 regarding settlement of compensation for
all claims under the Expropriations Act and/or arrangements respecting the relocation of
the cottages to other lands and report back at a later date;
THAT the Director of Planning Services continue to pursue the notice of termination of
the owner of the cottage on Lot 17 on Plan 345 under the Residential Tenancies Act,
2006 unless a settlement is reached in advance of the hearing;
THAT the Director of Operations be authorized to demolish the buildings and structures
previously owned by the Port Darlington Harbour Company (the structures on all other
lots except those listed in Report PSD-050-10);
THAT the Director of Planning Services, the Municipality’s Solicitor, the Municipal Clerk,
the Director of Operations and the Director of Engineering Services be authorized to
take all necessary actions to implement the intent of Report PSD-050-10, the
Memorandum of Understanding referred to in Recommendation 3 and leases and other
documents necessary to implement the MOU; and
THAT all interested parties be notified of Council’s decision.
CARRIED
PORT GRANBY PROJECT REPORT OF THE END USE ADVISORY COMMITTEE
Resolution #GPA-240-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-051-10 be received;
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THAT the Report of the Port Granby Project End Use Advisory Committee be received
with thanks and endorsed;
THAT Frances Brooks and Luanne Hill be thanked for their work in preparing the End
Use Report;
THAT the Port Hope Area Initiative Management Office and Natural Resources Canada
be requested to initiate discussions with the Municipality of Clarington, the Municipality
of Port Hope and the Ganaraska Region Conservation Authority with respect to the
implementation of the Full Concept prepared by the End Use Committee, including the
ownership and management of the subject lands;
THAT a copy of Report PSD-051-10 and Council’s decision be forwarded to the Port
Hope Area Initiative Management Office, Natural Resources Canada, the Municipality of
Port Hope, the Ganaraska Region Conservation Authority, Frances Brooks, Luanne Hill,
and the Southeast Clarington Residents Association; and
THAT all interested parties listed in Report PSD-051-10 and any delegations be advised
of Council’s decision.
CARRIED
APPEAL OF ZONING BY-LAW AMENDMENT
APPLICANT: GREEN MARTIN HOLDINGS LTD.
Resolution #GPA-241-10
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT Report PSD-052-10 be received; and
THAT all interested parties listed in Report PSD-052-10 and any delegations be advised
of Council’s decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF APRIL 8, 2010
Resolution #GPA-242-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-053-10 be received; and
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THAT Council concurs with the decisions of the Committee of Adjustment made on
April 8, 2010 for applications A2010-0007 through A2010-0014, and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
CARRIED
SALE OF SURPLUS PROPERTY - 182, 186, 190, 194 GEORGE REYNOLDS DRIVE,
FORMER TRULLS ROAD FIRE STATION SITE
Resolution #GPA-243-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-054-10 be received;
THAT a By-law be passed to confirm and ratify the realty services agreement between
the Municipality of Clarington and Ryan Realty Services Ltd.;
THAT a By-law be passed to ratify and confirm the Agreement of Purchase and Sale
between the Municipality and 1529250 Ontario Inc., including the payment of
commission to Ryan Realty Services Ltd. as provided in the Agreement on its
completion;
THAT a By-law be passed to authorize the sale and transfer of the lands identified as
Parts 2, 3, 4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former Township of
Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice;
THAT the net proceeds from the sale of the surplus properties be deposited into the
Municipal Acquisition Reserve;
THAT staff and the Municipality’s Solicitor be authorized to take all necessary actions to
complete the transaction; and
THAT all interested partied in Report PSD-054-10 be notified of Council’s decision.
CARRIED
Councillor Foster chaired this portion of the meeting.
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ENGINEERING SERVICES DEPARTMENT
EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH
DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND
ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS
Resolution #GPA-244-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report EGD-011-10 be received;
THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the
Municipality of Clarington, the agreement with the Regional Municipality of Durham
attached to Report EGD-011-10, as Attachment #1, for the administration of the Building
Code Act and the Ontario Building Code, as it relates to the enforcement of small
capacity sewage systems;
THAT the by-law attached to Report EGD-011-10, as Attachment #4, be forwarded to
Council; and
THAT a copy of Report EGD-011-10, Council’s resolution and the by-law be forwarded
to the Regional Municipality of Durham.
CARRIED
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2010
Resolution #GPA-245-10
Moved by Councillor Hooper, seconded by Councillor Robinson
THAT Report EGD-014-10 be received for information.
CARRIED
JANE STREET ROAD RECONSTRUCTION & FLETT STREET PAVEMENT
REHABILITATION – PUBLIC INFORMATION CENTRE
Resolution #GPA-246-10
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report EGD-015-10 be received;
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THAT Staff proceed to finalize the detail design and tender based on the information
received at the Public Information Centre to meet the summer 2010 construction start
schedule; and
THAT all those who attended the Public Information Centre and who have contacted the
Municipality as interested parties be informed of this Report.
CARRIED
OPERATIONS 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.
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
FRAGRANCE FREE RECREATION FACILITIES
Resolution #GPA-247-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CSD-003-10 be received for information.
CARRIED
COMMUNITY GRANT REQUEST – ORONO AMATEUR ATHLETIC ASSOCIATION
Resolution #GPA-248-10
Moved by Mayor Abernethy, seconded by Councillor Hooper
THAT Report CSD-004-10 be received;
THAT Council approve the grant request submitted by the Orono Amateur Athletic
Association under the Community Grant Program, in the amount of $2500; and
THAT the Orono Amateur Athletic Association be advised of Council’s decision.
CARRIED
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COMMUNITY GRANT REQUEST – NEWCASTLE SANTA CLAUS PARADE
Resolution #GPA-249-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Report CSD-005-10 be received;
THAT Council approve the grant request submitted by the Newcastle Santa Claus
Parade under the Community Grant Program, in the amount of $2500; and
THAT Martha Hendrikx, President, Newcastle Santa Claus Parade be advised of
Council’s decision.
CARRIED
CLERK’S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
TENDER CL2010-12 - SUPPLY & DELIVERY OF ONE (1) HYDRAULIC EXCAVATOR
Resolution #GPA-250-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report COD-012-10 be received;
THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a total
bid in the amount of $307,622.88 (plus G.S.T.), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2010-12, be awarded the
contract for Supply & Delivery of One (1) Hydraulic Excavator, as required by the
Municipality of Clarington, Operations Department; and
THAT the funds expended be drawn from the Operations Department 2010
Replacement of Fleet-Roads Account 110-36-388-83642-7401.
CARRIED
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CLARINGTON.NET NEWSLETTERS
Resolution #GPA-251-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report COD-013-10 be received;
THAT the Clarington.net newsletter continue to be produced and distributed by the
Municipality of Clarington; and
THAT Metroland, Durham Region Media group be thanked for their proposal submitted
to the 2010 budget for consideration.
CARRIED
FINANCE DEPARTMENT
REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS –
JANUARY TO MARCH 2010
Resolution #GPA-252-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report FND-008-10 be received for information.
CARRIED
TAX OFFICE – CHANGE OF OWNERSHIP FEE
Resolution #GPA-253-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report FND-009-10 be received;
THAT Ms. McGuey’s request be received for information; and
THAT Ms. McGuey be advised of Council’s decision.
MOTION TABLED
(See following motion)
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Resolution #GPA-254-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report FND-009-10, regarding the Tax Office Change of Ownership Fee, be
tabled until the Council meeting of April 26, 2010.
CARRIED
SOLICITOR’S DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
DREDGING – BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL BOAT
LAUNCHES [TABLED ON MARCH 29, 2010 GPA MEETING]
Resolution #GPA-255-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report PSD-042-10, regarding dredging of Bowmanville and Newcastle
(Bondhead) municipal boat launches, be lifted from the table.
CARRIED
Resolution #GPA-256-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report PSD-042-10 be received; and
THAT all interested parties listed in Report PSD-042-10 and any delegations be advised
of Council’s decision.
CARRIED, AS AMENDED
(See following motion)
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Resolution #GPA-257-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the foregoing resolution #GPA-256-10 be amended by adding the following
paragraph immediately following paragraph 1:
That the CAO be requested to prepare a report, within four weeks, on the further
opportunities and logistics regarding the cost recovery of dredging, installation of
a gate, and activating of the parking meter at the municipal boat launch in
Bowmanville.
CARRIED
The foregoing resolution was then put to a vote and was carried, as amended.
PRESENTATION OF CHRISTINE FAHEY REGARDING THE PORT GRANBY END
USE PLAN
Resolution #GPA-258-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the presentation of Christine Fahey be received with thanks.
CARRIED
PRESENTATION REGARDING NEW LOOK OF MUNICIPAL WEBSITE
Resolution #GPA-259-10
Moved by Councillor Novak, seconded by Councillor Woo
THAT the presentation of Adam Labijak and Jennifer Cooke, regarding the new look of
the municipal website, be received with thanks.
CARRIED
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OTHER BUSINESS
INSURANCE AS IT RELATES TO THE CONCEPT OF “JOINT AND SEVERAL
LIABILITY”
Resolution #GPA-260-10
Moved by Councillor Foster, seconded by Councillor Woo
WHEREAS the AMO Municipal Liability Reform Working Group has presented its paper
on joint and several liability reform to the Attorney General’s Office;
WHEREAS the joint and several provisions of the Negligence Act, indicate, “Where
damages have been caused or contributed to by the fault or neglect of two or more
persons…and, where two or more persons are found at fault or negligent, they are
jointly and severally liable to the person suffering the loss or damage…”;
WHEREAS the paper highlights how municipalities have become the targets of litigation
when other defendants fail to have the means to pay high damage awards causing
municipal insurance premiums and liability claims to continue to increase dramatically,
despite enormous improvements to safety including new standards for roads,
playgrounds, pool safety, better risk management practices, and the scaling back of
some services; and
WHEREAS municipalities should not be insurers of last resort and many other common
law jurisdictions have better approaches and others are pursuing liability reform,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington calls on the Government of Ontario to reform joint and several liability with a
particular regard for the impact it has on property taxpayers and their communities; and
THAT Matthew Wilson, Senior Policy Advisor for the Association of Municipalities of
Ontario, MPP John O’Toole, and Chris Bentley, the Attorney General for Ontario be
forwarded a copy of this resolution.
CARRIED
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April 19, 2010
PUBLIC INFORMATION SESSION FOR THE REGION OF DURHAM'S PROPOSED
WASTE MANAGEMENT BY-LAW
Resolution #GPA-261-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the Municipality of Clarington request that the Region of Durham arrange for an
additional public information session, regarding the Region of Durham's proposed waste
management by-law, to be held at the Newcastle Recreation Complex in a format
similar to the one held on April 15, 2010 at the Courtice Community Complex.
CARRIED
COMMUNICATIONS
There were no items considered under this section of the Agenda.
CONFIDENTIAL REPORTS
There were no items considered under this section of the Agenda.
ADJOURNMENT
Resolution #GPA-262-10
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 1:30 p.m.
CARRIED
MAYOR
D UTY LE K
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