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Energizing Ontario
REPORT #1
REPORT TO COUNCIL MEETING OF JULY 12, 2010
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JULY 5, 2010
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-088-10 Request For Air Quality By-Law
(b) COD-044-10 Joint Health And Safety Committee - 2009/2010 Summary
2. TO PERMIT THE DEVELOPMENT OF A 1643 SQ.M., THREE STOREY
BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH
PHARMACY AND ASSOCIATED PARKING AREA
THAT Report PSD-082-10 be received;
THAT the application continue to be processed including the preparation of a
further report; and
THAT all interested parties listed in Report PSD-082-10 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF:CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3Afi T 905-623-3379
Report #1 - 2 - July 12, 2010
3. APPLICATION TO AMEND ZONING BY-LAW 84-63 TO FACILITATE A LOT
BOUNDARY ADJUSTMENT AND TO PERMIT A GREENHOUSE EXPANSION
BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR
AGRICULTURAL BUILDINGS FROM 46.25% IN ADDITION TO PERMITTING A
SECOND DWELLING FOR FARM EMPLOYEE USE ONLY
APPLICANT: HENK AND LISA MOLDERS
THAT Report PSD-083-10 be received;
THAT Staff continue processing the application to amend Zoning By-law 84-63; and
THAT all interested parties listed in Report PSD-083-10 and any delegations be
advised of Council's decision.
4. OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR
SINGLE DETACHED DWELLINGS
APPLICANT: MIKE RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO,
ISOLINE RICCIUTO, GINA STONE & RUSSELL STONE
THAT Report PSD-084-10 be received;
THAT the applications to amend the Clarington Official Plan (COPA 2003-009) and
Zoning By-law 84-63 (ZBA 2003-036) continue to be processed, including the
preparation of a subsequent report considering all agency comments and
comments raised at the Public Meeting; and
THAT all interested parties listed in Report PSD-084-10 and any delegations be
advised of Council's decision.
5. APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT
APPLICANT: BARR'S DEVELOPMENT LIMITED
THAT Report PSD-085-10 be received;
THAT the revision proposed to the zoning by-law amendment is deemed minor and
no further public notice is required;
THAT the rezoning application submitted by Strike Furlong Ford on behalf of Barr's
Development Limited be approved and that the Zoning By-law Amendment as
contained in Attachment 2 to Report PSD-085-10 be adopted; and
THAT all interested parties listed. in Report PSD-085-10 and .any delegations be
advised of Council's decision.
Report #1 - 3 - July 12, 2010
6. APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: HANNU HALMINEN
THAT Report PSD-087-10 be received;
THAT the application submitted by Hannu Halminen to remove the Holding (H)
symbol be approved;
THAT the attached By-law to Report PSD-087-10 to remove the Holding (H)
symbol from Block 26 40M-2265 be passed and a copy forwarded to the Regional
Municipality of Durham; and
THAT all interested parties listed in Report PSD-087-10, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
7. APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: F & I GATEWAY INVESTMENTS INC.
THAT Report PSD-089-10 be received;
THAT the application to remove the (H) Holding Symbol be approved and that the
By-law attached to PSD-089-10 be passed; and
THAT all interested parties listed in Report PSD-089-10 and any delegations be
advised of Council's decision.
8. PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT
A RESTAURANT WITH ADRIVE-THROUGH FACILITY AND A FUEL BAR WITH
A CONVENIENCE STORE AND A CAR WASH FACILITY
THAT Report PSD-090-10 be received as amended to delete the last sentence of
the fourth bullet of Section 9.5, which states that "a cost sharing agreement
between Clarington and Region will be required to fund the installation of the
signal";
THAT the application submitted by Martin Road Holdings Ltd. to amend the
Clarington Official Plan (Amendment No. 70) as contained in Attachment 4 to
Report PSD-090-10 be adopted and that the necessary by-law be approved;
THAT the by-law to amend the Comprehensive Zoning By-law 84-63 contained in
Attachment 5 to Report PSD-090-10 be passed to implement Official Plan
Amendment No. 70; and
THAT the interested parties listed in Report PSD-090-10 and any delegations be
advised of Council's decision.
Report #1 - 4 - July 12, 2010
9. KENDAL DRAINAGE REVIEW
THAT Report EGD-021-10 be received;
THAT Engineering Services recommend the implementation of the preferred Option
#3 contained in report EGD-021-10, Construction of a ditch on the south side of
Regional Road 9, directing flow easterly to the watercourse immediately east of
Regional Road 18;
THAT Engineering Services complete the detailed design for Option #3 and
conduct a Public Information Centre for this project and obtain input from area
residents and stakeholders;
THAT construction of the recommended option be completed in 2010 construction
season;
THAT funding for the works be reallocated from the Bowmanville Creek Erosion
Protection budget item, account no. 110-32-340-83234-7401; and
THAT remaining funds from the Bowmanville Creek Erosion Protection account be
carried over to the 2011 Budget and additional funding to complete the work be
considered as part of the 2011 Budget.
10. HORSEY STREET RECONSTRUCTION, LOWE STREET TO CONCESSION
STREET. WEST -PUBLIC INFORMATION CENTRE
THAT Report EGD-022-10 be received;
THAT Staff proceed to finalize the detail design and prepare tender documents
based on the information received at the Public Information Centre;
THAT Staff defer tendering the work until such time that the Region of Durham has
re-budgeted funds for their share of the works; and
THAT all those who attended the Public Information Centre and who have
contacted the Municipality as interested parties be informed of this Report.
Report #1 - 5 - July 12, 2010
11. PORT OF NEWCASTLE SUBDIVISION PHASE 1 STAGE 5, PLAN
40M-2220, NEWCASTLE, `CERTIFICATE OF ACCEPTANCE' AND
`ASSUMPTION BY-LAWS'; FINAL WORKS INCLUDING ROADS AND OTHER
RELATED WORKS
THAT Report EGD-023-10 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2220; and
THAT Council approve the by-laws attached to Report EGD-023-10, assuming
certain streets within Plans 40M-2220 as public highways.
12. CLARINGTON/PORT HOPE BOUNDARY ROAD AGREEMENT
CLARINGTON/KAWARTHA LAKES BOUNDARY ROAD AGREEMENT
THAT Report EGD-024-10 be received;
THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and the Municipality of Port
Hope;
THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and the City of Kawartha Lakes;
THAT Council pass the appropriate by-laws confirming each of these agreements;
and
THAT the Municipality's Solicitor register the agreements and the by-laws in the
proper Land Registry Office.
13. APPOINTMENTS TO CLARINGTON MUNICIPAL ELECTION COMPLIANCE
AUDIT COMMITTEE
THAT Report CLD-021-10 be received;
THAT Nancy Coffin, William John Paul Jones and Kamal Smimou be appointed to
the Clarington Compliance Audit Committee in accordance with section 81.1(1) of
the Municipal Elections Act, 1996; and
THAT the appointees be advised of Council's decision.
Report #1 - 6 - .July 12, 2010
14, AMENDMENTS TO TAXI BY-LAW
THAT Report CLD-022-10 be received;
THAT the by-law attached to Report CLD-022-10 be approved; and
THAT all interested parties listed in Report CLD-022-10 be advised of Council's
decision.
15. BALLOT QUESTION, RE: ELECTION OF REGIONAL CHAIR
THAT Report CLD-023-10 be received; and
THAT By-law 2010-040, being a by-law to submit a question to the electors at the
next regular municipal election to approve Council resolution re Direct Election of
Regional Chair be repealed.
16. LOTTERY LICENCE APPLICATION REVIEW - BY-LAW AMENDMENT
THAT Report CLD-024-10 be received;
THAT the practice of forwarding all lottery licence applications to the Durham
Regional Police Services for review be discontinued effective immediately;
THAT an amendment to By-law 94-30 be approved; and
THAT all interested parties listed in Report CLD-024-10 be advised of Council's
decision.
17. GREAT WEST LIFE BENEFIT RENEWAL 2010-2011
THAT Report COD-038-10 be received;
THAT Great West Life be advised of the Municipality's disappointment with the
financial impact imposed on the Municipality with the 45.8 percent increase in the
renewal of the benefit program for the 2010 to 2011 premium year;
THAT Council authorize over expenditure of the 2010 budget accounts to
accommodate the Great West Life premium increase for the balance of 2010; and
THAT the 2011 budget be prepared as appropriate, reflecting the Great West Life
premium increases.
Report #1 - 7 -
18. CO-OPERATIVE TENDER
T-530-2010 ARMOURED CAR SERVICES
THAT Report COD-039-10 be received;
July 12, 2010
THAT the G4S Cash Solutions (Canada) Ltd., Toronto, Ontario, with a bid price of
$47,623.68 (net HST rebate) for the first year being the lowest responsible bidder
meeting all terms, conditions and specifications of Co-operative Tender T-530-2010
be awarded the contract for the provision of Armoured Car Services for a one year
term;
THAT upon expiry of the first year of the contract that the contract be extended for
up to four additional one year terms, pending satisfactory pricing and service;
THAT the funds be drawn for the respective year's Finance Department's operating
budget; and
THAT all interested parties listed in Report COD-039-10 be advised of Council's
decision.
19. CL2010-5, SURFACE ASPHALT, VARIOUS LOCATIONS
THAT Report COD-040-10 be received;
THAT Ashland Paving Limited, Concord, Ontario, with a total bid in the amount of
$369,595.29 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2010-5, be awarded the contract
for Surface Asphalt, Various Locations, as required by the Engineering Department;
THAT the funds required in the amount of $418,900.00 (i.e., which includes
$369,595.29 for tendering and a ten percent contingency amount and materials
testing) be drawn from the Engineering Department Capital Budget Accounts, as
follows:
Account
110-32-330-83272-7401
110-32-330-83233-7401
110-32-330-83211-7401
110-32-330-83286-7401
110-32-330-83291-7401
110-32-330-83264-7401
110-32-330-83290-7401
110-32-330-83298-7401
110-32-330-83212-7401
Project Budget Amount
Beech Avenue $ 20,100.00
Hunt Street/Albert Street $ 108,700.00
Church Street (Bowmanville) $ 26,100.00
St. George Street $ 13,500.00
Elgin Street $ 70,200.00
Baldwin Street $ 44,500.00
Church Street (Newcastle) $ 44,400.00
Longworth Avenue $ 70,000.00
Ovens Road $ 21,400.00
Total Funds Required $ 418 900 00
Report #1 - 8 - July 12, 2010
20.
21
and
THAT the By-law attached to Report COD-040-10 marked Schedule "A" authorizing
the Mayor and the-Clerk to execute the necessary agreement be approved.
TENDER CL2010-24, PAVEMENT REHABILITATION, VARIOUS LOCATIONS
THAT Report COD-041-10 be received;
THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of
$1,215,353.51 (net of H.S.T. Rebate), being the lowest responsible bidder meeting
all terms, conditions and specifications of Tender CL2010-24 be awarded the
contract for Pavement Rehabilitation, Various Locations, as required by the
Municipality of Clarington, Engineering Department;
THAT the funds required in the amount of $1,500,000.00 (which includes
$1,215,353.51 for tendering, design, contract administration and contingencies) be
drawn from the Accounts, as follows:
Account
110-32-330-83212-7401
110-32-330-86212-7401
110-32-330-83212-7401
Project
2008 Pavement Rehabilitation
2009 Pavement Rehabilitation
2010 Pavement Rehabilitation
Total Funds Required
Budget Amount
$100,000.00
$490,000.00
$910,000.00
$1.500.000 00
and
THAT the By-law attached to Report COD-041-10 marked Schedule "A" authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
TENDER CL2010-22, SQUIRE FLETCHER PARKETTE DEVELOPMENT
THAT Report COD-042-10 be received;
THAT Forest Ridge Landscaping Inc:, Newmarket, Ontario, with a total revised bid
in the amount of $230,010.90 (net of H.S.T. Rebate), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL2010-22 be
awarded the contract for Squire Fletcher Parkette, as required by the Municipality
of Clarington, Engineering Department;
THAT the funds required in the amount of $245,000.00 (which includes
$230,010.90 (net of HST Rebate) for the tender, and contingencies) be drawn from
the Account # 110-32-325-83325-7401; and
THAT the By-law attached to Report COD-042-10 marked Schedule "A" authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
Report #1 - 9 - July 12, 2010
22. INFORMATION REPORT - CLARINGTON OLDER ADULTS ASSOCIATION -
MEMORANDUM OF UNDERSTANDING
THAT Report COD-043-10 be received;
THAT Council authorize the use of the vacated space and use of the entire building
by the Clarington Older Adult Association; and
THAT staff report back to Council with the finalized Memorandum of Understanding
or By-law as appropriate.
23. PURCHASING BY-LAW -UPDATE 2010
THAT Report COD-045-10 be received;
THAT Purchasing By-law 2006-127 be repealed
THAT the proposed By-law, provided under separate cover, be approved in
principle and intent;
THAT the proposed By-law be prepared and formatted in a manner satisfactory to
the Municipal Solicitor and the Manager of Purchasing ready for execution by the
Mayor and Clerk;
THAT any agreements approved by the Chief Administrative Officer in compliance
with the by-law limits requiring execution, be forwarded to the Mayor and Clerk for
signatures; and
THAT a final copy of the By-law be distributed to Members of Council for
information as soon as practicable.
24. LEASE AGREEMENT -DURHAM CENTRAL AGRICULTURAL SOCIETY
ORONO FAIR GROUNDS
THAT Report COD-047-10 be received;
THAT the Municipality lease Part of Lots 27 and 28, Concession 5, designated as
Parts 1 and 3 on Plan 10R-318 to the Durham Central Agricultural Society for the
period ending August 31, 2012, unless renewed in accordance with the terms;
THAT Council endorse the option of tying the term of subject lease to the long term
lease between the Durham Central Agricultural Society; and
Report #1 - 10 - July 12, 2010
THAT the By-law marked as Schedule "A", attached to Report COD-047-10,
authorizing the Mayor and Clerk to execute the lease agreement satisfactory to the
Municipal Solicitor, be approved.
25. HEATHER RUTHERFORD'S DELEGATION REGARDING INDUSTRIAL WIND
TURBINES
THAT the delegation of Heather Rutherford, regarding wind turbines, be received
with thanks;
THAT the matter of wind turbines be referred to the Legal Department and the
Chief Building Official for a report to Council at the Council meeting of July 12,
2010; and
THAT the report be shared with the delegate, Heather Rutherford, and the general
public upon request, prior to the. Council meeting.
26. GOODYEAR CANADA 100TH ANNIVERSARY
THAT Goodyear be recognized for their 100 years in business by way of a
proclamation to be finalized for the fall of this year.
27. MOSPORT INTERNATIONAL RACEWAY SOT" ANNIVERSARY
THAT Mosport International Raceway be recognized for their 50 years in business
by way of a proclamation to be finalized for the fall of this year.
28. ONTARIO MUNICIPAL BOARD APPEAL APPLICATION TO AMEND ZONING
BY-LAW 84-63 TO PERMIT THE DEVELOPMENT OF TWO {2) SINGLE
DETACHED LOTS FRONTING ONTO BOSWELL DRIVE
APPLICANT: GREEN MARTIN HOLDINGS LTD.
THAT Report SOL-002-10 be received; and
THAT staff be directed to proceed with Option 3 of Confidential Report
SOL-002-10.