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HomeMy WebLinkAbout07/05/2010Clarin ,_ding the W.y General Purpose and Administration Committee Minutes July 5, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, July 5, 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 Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Operations, F. Horvath Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano Director of Finance /Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Solicitor, Andy Allison Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be declaring an interest in Report COD - 038 -10, regarding the Great West Life Benefit Renewal. ANNOUNCEMENTS Councillor Novak noted that she had recently attended the following events: • Tuesday, June 29,2010 — Veridian safety celebration • Tuesday, June 29, 2010 - Courtice Secondary School graduation -1 - General Purpose and Administration Committee Minutes July 5, 2010 Tuesday, June 29, 2010 - St. Stephen's Secondary School graduation Thursday, July 1, 2010 Rotary Canada Day fireworks Councillor Foster announced that he had attended the Canada Day fireworks and extended thanks to the Rotary Club of Courtice for putting on a great display of fireworks. Councillor Foster thanked the Planning Services staff for organizing the Courtice Mainstreet Study Open House on Tuesday, June 29, 2010, where 50 -60 people attended. Councillor Woo advised of the following: • He extended condolences to the family of the Oshawa Fire Chief, Mr. Steve Meringer on the passing of his daughter, Kaliegh, who was also a Junior Fire Fighter Instructor for 4 years with Clarington. • He attended the building dedication ceremony for Whitby's Fire Headquarters on Wednesday, June 30, 2010. He noted that the building was named the Edward M. Crouch Memorial Building. • Dr. Tony Stone was appointed to the position of Campus Medical Leader at Lakeridge Health Bowmanville. • On Saturday, July 10, 2010 there will be a Newcastle Artist Show & Sale at the Bondhead Parkette. MINUTES Resolution #GPA- 396 -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 June 21, 2010, be approved. CARRIED PRESENTATIONS There were no presentations. -2- General Purpose and Administration Committee Minutes July 5, 2010 DELEGATIONS Kevin Anyan was called, but was not present. Michael Hackenberger, Bowmanville Zoo, was present regarding Report PSD- 086 -10, regarding the proposed Official Plan amendment, proposed Zoning By- Law amendment, proposed Fence By -law amendment and proposed Draft Plan of Subdivision to permit the development of 541 residential units, to delete a Public Elementary School symbol and increase the medium and low density & total units in the Neighbourhood. Mr. Hackenberger stated that working with Mr. Schickedanz and Far Sight Investments Inc. has been an excellent experience. He stated that one of his concerns was safety, in particular creating a barrier between the Zoo and the residents. Both parties have agreed to the location and the use of razor wire. However, there is a difference of opinion with the height of the barrier. Mr. Hackenberger noted that there have been many proposals for this barrier. He stated that the current proposal is to erect a wall of eight feet. Mr. Hackenberger noted that an expert has recommended a wall of ten feet, resulting in a difference of approximately two feet. He reminded the Committee of the San Diego Zoo incident, where the majority of the liabilities have been held by the municipality, despite the municipality not being directly involved in the issues. Mr. Hackenberger suggested that the barrier include razor wire. He confirms that this fence would be for the eastern boundary, where the elephants and large cats are contained. Mr. Hackenberger stated that the Zoo will incur new additional costs of approximately $60,000 per year for video surveillance, another night watchman and patrol dog. Bob Schickedanz, Far Sight Investments, was present regarding Report PSD- 086 -10, regarding the proposed Official Plan amendment, proposed Zoning By- Law amendment, proposed Fence By -law amendment and proposed Draft Plan of Subdivision to permit the development of 541 residential units, to delete a Public Elementary School symbol and increase the medium and low density & total units in the Neighbourhood. Mr. Schickedanz agreed that the discussions with the Bowmanville Zoo have been very cordial. He also acknowledged the co- operation with the Municipal staff with working through the issues. He noted, through the negotiations, Far Sight has agreed to deed additional property to the Bowmanville Zoo in order to accommodate a suitable barrier. Mr. Schickedanz stated that he believes that the eight foot fence is adequate considering that it includes a razor wire fence, therefore a human breach into the Zoo would be unlikely. He concluded that he agrees with the recommendations of Report PSD- 086 -10. Mr. Schickedanz agreed that it would be appropriate to erect signs on the residential side to warn of the razor wire fence. -3- General Purpose and Administration Committee Minutes July 5, 2010 Garnet Armitage, local resident, was present regarding Report PSD- 090 -10, regarding Proposed Official Plan and Zoning By -Law Amendment to permit a restaurant with a drive - through facility and a fuel bar with a convenience store and a car wash facility. Mr. Armitage stated that a drive - through restaurant makes a bad residential neighbour. He noted that the Town of Cobourg has instituted more restrictions on drive - through restaurants. Mr. Armitage is concerned about the noise of cars and car stereos, especially late at night. He stated that he also concerned about the new traffic lights resulting in an increased noise from large trucks gearing up and down. Mr. Armitage stated that, if the Official Plan is followed, the stop lights should not be erected at the intersection in question. He stated that the erection of a six foot wooden fence is inadequate privacy for a two - storey building. Similarly, Mr. Armitage noted that he would not want a 20 foot fence either. He concluded that he does not want loud continuous noises, a six foot fence is inadequate, and he suggested moving the proposal to another location in the Municipality such as Bennett Road, Holt Road or Liberty Street. Heather Rutherford was present regarding wind turbines. Ms. Rutherford reminded the Committee of recent applications for wind turbines in other municipalities and in Clarington. She stated that the Clarington building permit fees are not suitable for wind turbines. Ms. Rutherford stated that the Province has confirmed that the building permit fees are within the municipal jurisdiction. She suggested that a flat fee, plus a dollar amount per $1000 cost for building permit fees, similar to the Municipality of North Middlesex. Ms. Rutherford suggested that the Municipality needs to consider future costs when setting the building permit fees for wind turbines. She stated that the Canadian Charter of Rights and Freedoms protects the health and welfare of the citizens and it is the Municipality's responsibility to protect this right. Ms. Rutherford also requested that the Municipality establish a by -law requiring a certificate of health prior to the approval of building permits for wind turbine projects. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By -law Applicant: 1 Hartwell Bowmanville Inc. Report: PSD- 082 -10 Ruth Porras, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. General Purpose and Administration Committee Minutes July 5, 2010 Mike Power, local resident, spoke in opposition to the application. Mr. Power stated that the sketch showing the parking area is misleading as there are three properties projecting into the parking area. He stated that the proposal will be too tall and cause privacy issues, have inadequate parking, create drainage issues, and he is concerned there will be an increase in on- street parking. Mr. Power stated that, if the proposal is allowed, it will have detrimental effects on his family. Trina Fitzpatrick, local resident spoke in opposition to the application. She stated that she has the same concerns as Mr. Power, in particular, the height of the building, which will result in her view of a brick wall. Ms. Fitzpatrick stated that she has concerns about a proposed patio on the third floor. She stated that she is concerned about the safety of citizens crossing Hartwell Avenue, with the increased traffic. Ms. Fitzpatrick is concerned about the lower amount of parking places, especially in the winter with regard to snow removal. She is concerned about snow removal on other side streets as a result of the increased parking on the side streets. Dan Layman, spouse of Trina Fitzpatrick, stated that he is concerned about waste bins, and loading zones behind their property as he works shift work. He is also concerned about traffic pulling into the parking lot, security with teenage children gathering in the parking lot late into the evening, and the negative impact on the peacefulness in the neighbourhood by a proposal which is three times the size of the original plan. Ms. Fitzpatrick stated that, currently, they cannot open their windows due to the current traffic and that this will be increased after the proposal is built. Ms. Fitzpatrick understood that, when they purchased their property six years ago, it would be a smaller building. She reiterated that she is concerned about the Hartwell Street access north onto Durham Road 57, where there have been several accidents, especially with the recent paving of the shoulder. Lawrence Hellinga, local resident, spoke in opposition to the application. He stated that there was a promise that there would be signs regarding passing on the left on Durham Road 57. Glen Genge, D.G. Biddle & Associates and Mr. Ray Fadavi, the applicant, were present. Mr. Genge stated that there will be approximately four medical associates in the building. He believes that the existing designation as a neighbourhood centre would permit approximately 54,000 ft2 within the overall area. Mr. Genge stated that the proposal is only 33,000 ft2. He stated that a professional office facility is a much more pleasant proposal than the original proposed drive - through. Mr. Genge stated that the reduction of the setbacks is in an effort to get the building as far back from the neighbours as possible. He stated that the maximum height requested is 12.7m. Mr. Genge stated that the step - building design will have the illusion of a two storey building from the road, rather than a three storey building. He confirmed that the applicant would consider not having a patio on the third floor. Mr. Genge stated that a parking lot -5- General Purpose and Administration Committee Minutes July 5, 2010 expert has agreed to the proposed number of parking spots. He stated that there will be noise mitigation measures arising out of the upcoming noise study. Reza Fadavi spoke to the subject of whether the residential property owners have a reasonable expectation of a building similar to the proposed zoning. He stated that he agrees that the homeowners may have expected a smaller building, but in order for the proposal of a medical building to be financially viable, the larger building would be required. Mr. Fadavi stated that a medical building is a better proposal than a drive - through restaurant which would be allowed under the current zoning and it meets the new intensification requirements. Mr. Fadavi stated that there will not be an issue with loading trucks as this is a professional medical dental building. He stated that he cannot think of another type of building that would better serve the needs of the community. (b) Subject: Application to Amend the Zoning By -law Applicant: Henk and Lisa Mulder Report: PSD- 083 -10 Meaghan Harrington, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or support of the application. Henk Mulder, owner of the property, stated that he was satisfied with the comments contained within the staff report, and was present to answer any questions. (c) Subject: Application to Amend the Zoning By -law and Official Plan Applicant: Mike Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone Report: PSD- 084 -10 Anne Taylor- Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. David Taylor, local resident, spoke in opposition to the application. He stated that his concern is water. Mr. Taylor stated that he has a dug well and is concerned about running out of water and does not want to invest in a drilled well as a result of the proposed development. Lloyd Yezik, local resident, spoke in opposition to the application. He stated that his concern is also water. He noted that most of the residents of Perry Avenue are on a dug well. Mr. Yezik is concerned that residents with drilled wells tend to water their lawns more and therefore will be using more water from the water table, thereby depleting the available water for those on dug wells. M General Purpose and Administration Committee Minutes July 5, 2010 Stephen Hughes, local resident, spoke in opposition to the application. He stated that he is also concerned about the potential loss of water. Mr. Hughes is concerned about the drainage of the end lots within the subject lands as they are in a swampy area. He stated that the small street is already busy with school traffic and he is concerned about the safety of children walking to school with the increase in traffic. He commented that the sidewalks in the area do not meet current design standards. Sharon Woodbeck, local resident, spoke in opposition to the application. She stated that she is concerned about the water impact as well, since she has a dug well. Libby Racansky, Courtice resident, spoke in opposition to the application. She noted that these residents are having the same issues that she had with development applications near her area. Ms. Racansky suggested that a clause be included in the development agreement, which will ensure that the residents' wells will be replaced, or remedied, if they are negatively impacted by the development. Owen Webster, local resident, spoke in opposition to the application. He noted that he also has water concerns. Mr. Webster stated that he is concerned about the location of septic systems and whether they will be in the front yard or back yard as his well is in the front yard. If septic systems are located in the front yards, he stated that he was concerned about contamination of his well. He stated that he is also concerned with the aesthetics of the proposed fence line. Mr. Webster stated that he was curious as to whether they will be built by the applicant or sold for individual building and the concerns about the length of construction time. He stated that he is concerned about the plot of land between lots 5 and 6 and what the use would be for this area. Mr. Webster questioned why lots 5 and 6 are larger than the other lots. He asked whether there would be any safeguards against making the larger lots into several smaller lots in the future. Mr. Webster stated that he is concerned about the timing of the water study as the water table is at an all time high. He stated that he had to pay to upgrade the road, prior to him purchasing his property, and asked whether he would be entitled to reimbursement for this upgrade as a result of the development. Mark Lavoie, local resident, spoke in opposition to the application. He stated that he is concerned about water supply as he has a dug well. Mr. Lavoie stated that he is concerned about the safety of the children walking to and from school. He stated that he hopes there is will be safety measures in place during construction in order to ensure the safety of local children. Mr. Lavoie stated that he was concerned about construction noise or contractors working outside of the permitted hours. Dave Shmyr, local resident, spoke in opposition to the application. He stated that he has been a resident since 1983. Mr. Shmyr stated that he had to drill a new well when new development moved in 1997 and he is concerned that the development may affect this new well. No one spoke in support of the application. -7- General Purpose and Administration Committee Minutes July 5, 2010 Michael Ricciuto, the primary applicant, was present to provide the Committee with some background on the subject land. He stated that the zoning is currently agricultural, but it is not viable anymore. Mr. Ricciuto stated that this application began as an infilling application, which would also support the local school by providing more children for attendance. He stated that the applicants have voluntarily agreed to protect the woodlot with an Environmental Protected designation. Mr. Ricciuto informed the Committee that they have undertaken two hydrogeological studies on the property and the surrounding properties. He confirmed that the proposal includes deep drilled wells and therefore will not impact groundwater sources for the dug wells. Regarding traffic pattern impact, Mr. Ricciuto stated that the study shows no significant impact on traffic. He stated that the angle of the properties is consistent with the adjacent existing north lot. Mr. Ricciuto stated that his sister and parents may be building on the two larger lots and the remainder of the lots will be sold, but that the development agreement will need to be signed prior to approval of this development. He stated that the 100 foot space between lots 5 and 6 is part of the retained lands and provides access to the retained lands. Mr. Ricciuto stated that he believes that he needs to provide road allowance to the Municipality and that the development charges will cover future road upgrades. RECESS Resolution #GPA- 397 -10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT the Committee take a 10 minute recess until 12:10 p.m. CARRIED The meeting reconvened at 12:10 p.m. (d) Subject: Application to Amend the Zoning By -law Applicant: Barr's Development Report: PSD- 085 -10 Anne Taylor- Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Noel Gordon, local resident, spoke in opposition to the application. He stated that he has a concern about the issuance of a building permit for Lot 3 when it was non- compliant. M General Purpose and Administration Committee Minutes July 5, 2010 Bill Skitch, local resident, spoke in opposition to the application. He questioned why the setback was ever 15 m in the first place as the existing houses had a 30 m setback. Mr. Skitch asked why the notice did not speak to the sideyard setbacks. He stated that he has a significant spring fed pond and he is concerned about his own water supply as a result of this change in the setbacks. No one spoke in support of the application. Dan Strike, on behalf of the applicant, was present to answer questions. He informed the Committee that the building permit for Lot 3 was issued when the land was still one parcel. Mr. Strike also noted that the building permit was done with the knowledge that a further application was coming forward. With regard to the impact on Mr. Skitch's pond, he stated that this should not be an issue as the houses will be fronting onto Park Lane and their wells will be drilled wells and therefore not affecting the groundwater. Mr. Strike noted that the side yard setbacks are for Lots 1 and 2 only. PLANNING SERVICES DEPARTMENT TO PERMIT THE DEVELOPMENT OF A 1643 SQ.M., THREE STOREY BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH PHARMACY AND ASSOCIATED PARKING AREA Resolution #GPA- 398 -10 Moved by Councillor Woo, seconded by Councillor Robinson 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. CARRIED General Purpose and Administration Committee Minutes July 5, 2010 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 MULDERS Resolution #GPA- 399 -10 Moved by Councillor Trim, seconded by Councillor Robinson 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. CARRIED 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 Resolution #GPA- 400 -10 Moved by Councillor Trim, seconded by Councillor Hooper 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. CARRIED General Purpose and Administration Committee Minutes July 5, 2010 APPLICATION FOR PROPOSED ZONING BY -LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENT LIMITED Resolution #GPA- 401 -10 Moved by Councillor Robinson, seconded by Councillor Trim 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. CARRIED PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED ZONING BY -LAW AMENDMENT, PROPOSED FENCE BY -LAW AMENDMENT AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 541 RESIDENTIAL UNITS, TO DELETE A PUBLIC ELEMENTARY SCHOOL SYMBOL AND INCREASE THE MEDIUM AND LOW DENSITY & TOTAL UNITS IN THE NEIGHBOURHOOD APPLICANT: FAR SIGHT INVESTMENTS INC. Resolution #GPA- 402 -10 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD- 086 -10 be received, THAT Amendment No. 76 to the Clarington Official Plan as submitted by Far Sight Investments Ltd. to delete the Public Elementary School Symbol; to increase the housing targets for Vincent Massey Neighbourhood in Table 9 -2; and to increase the corresponding population allocation for Vincent Massey Neighbourhood on Map H2 as contained in Attachment 3 of Report PSD- 086 -10 be adopted and the By -law contained in Attachment 4 of Report PSD- 086 -10 be passed, THAT the application for the proposed Draft Plan of Subdivision, submitted by Far Sight Investments Limited to permit the development of 541 residential units be approved, subject to the conditions contained in Attachment 5 of Report PSD- 086 -10; -11 - General Purpose and Administration Committee Minutes July 5, 2010 THAT the Zoning By -law Amendment application submitted by Far Sight Investments Limited to implement the proposed Draft Plan of Subdivision be approved as contained in Attachment 6 of Report PSD- 086 -10; THAT the Fence By -law Amendment to permit razor wire on a fence at 340 King Street East in Bowmanville, be approved as contained in Attachment 7 of Report PSD- 086 -10; THAT the By -law authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S -C- 2005 -002 and the Municipality of Clarington be approved as contained in Attachment 8 of Report PSD- 086 -10; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 086 -10 and Council's decision; and THAT all interested parties listed in Report PSD- 086 -10 and any delegations be advised of Council's decision. MOTION AND AMENDING MOTION TABLED (See Following Motions) Resolution #GPA- 403 -10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the foregoing resolution be amended by adding the following clause after clause 6: 7. "THAT the fence referred to in recommendation #5 above will be a 10' fence; and THAT this Report, including Attachment 5 be amended to read `the fence referred to in recommendation #5 shall be increased in height from 8' to 10' plus the height of the razor wire.' " MOTION TABLED (See Following Motion) Resolution #GPA- 404 -10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT the matter be tabled until the Council meeting of July 12, 2010. CARRIED -12- General Purpose and Administration Committee Minutes July 5, 2010 APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: HANNU HALMINEN Resolution #GPA- 405 -10 Moved by Councillor Trim, seconded by Councillor Hooper 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. CARRIED REQUEST FOR AIR QUALITY BY -LAW Resolution #GPA- 406 -10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD- 088 -10 be received for information. CARRIED APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: F & I GATEWAY INVESTMENTS INC. Resolution #GPA- 407 -10 Moved by Councillor Robinson, seconded by Councillor Trim 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. CARRIED -13- General Purpose and Administration Committee Minutes July 5, 2010 PROPOSED OFFICIAL PLAN AND ZONING BY -LAW AMENDMENT TO PERMIT A RESTAURANT WITH A DRIVE - THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY Resolution #GPA- 408 -10 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD- 090 -10 be received, 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. CARRIED, AS AMENDED (See following motion) Resolution #GPA- 409 -10 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT Report PSD- 090 -10 be 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 ". CARRIED The foregoing resolution was then put to a vote and carried as amended. Councillor Novak provided a verbal update on actions taken at a recent Regional meeting where the Courtice employment lands matter was considered. Mayor Abernethy rose on a point of order, stating that he did not vote contrary to Clarington Council's position on this matter as was indicated by Councillor Novak. Mayor Abernethy further clarified his reasons for voting as he did at the Regional meeting. -14- General Purpose and Administration Committee Minutes July 5, 2010 RECESS Resolution #GPA- 410 -10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Committee take a 1 hour recess until 2:37 p.m. CARRIED The meeting reconvened at 2:37 p.m. Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT KENDAL DRAINAGE REVIEW Resolution #GPA- 411 -10 Moved by Councillor Trim, seconded by Councillor Hooper 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. CARRIED -15- General Purpose and Administration Committee Minutes July 5, 2010 HORSEY STREET RECONSTRUCTION, LOWE STREET TO CONCESSION STREET WEST — PUBLIC INFORMATION CENTRE Resolution #GPA- 412 -10 Moved by Councillor Hooper, seconded by Councillor Novak 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. CARRIED 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 Resolution #GPA- 413 -10 Moved by Councillor Trim, seconded by Councillor Robinson 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 relatec 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. CARRIED -16- General Purpose and Administration Committee Minutes July 5, 2010 CLARINGTON /PORT HOPE BOUNDARY ROAD AGREEMENT CLARINGTON /KAWARTHA LAKES BOUNDARY ROAD AGREEMENT Resolution #GPA- 414 -10 Moved by Councillor Woo, seconded by Councillor Trim 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. 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. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. -17- General Purpose and Administration Committee Minutes July 5, 2010 CLERK'S DEPARTMENT APPOINTMENTS TO CLARINGTON MUNICIPAL ELECTION COMPLIANCE AUDIT COMMITTEE Resolution #GPA- 415 -10 Moved by Councillor Robinson, seconded by Councillor Novak 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. CARRIED AMENDMENTS TO TAXI BY -LAW Resolution #GPA- 416 -10 Moved by Councillor Robinson, seconded by Councillor Woo 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. CARRIED BALLOT QUESTION, RE: ELECTION OF REGIONAL CHAIR Resolution #GPA- 417 -10 Moved by Councillor Foster, seconded by Councillor Robinson 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. CARRIED General Purpose and Administration Committee Minutes July 5, 2010 LOTTERY LICENCE APPLICATION REVIEW — BY -LAW AMENDMENT Resolution #GPA- 418 -10 Moved by Councillor Foster, seconded by Councillor Woo 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. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Councillor Novak declared a pecuniary interest with respect to Report COD - 038 -10 as Great West Life holds her license. Councillor Novak refrained from discussions and voting on this matter. GREAT WEST LIFE BENEFIT RENEWAL 2010 -2011 Resolution #GPA- 419 -10 Moved by Councillor Woo, seconded by Councillor Hooper 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. CARRIED -19- General Purpose and Administration Committee Minutes July 5, 2010 CO- OPERATIVE TENDER T- 530 -2010 ARMOURED CAR SERVICES Resolution #GPA- 420 -10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD - 039 -10 be received, 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. CARRIED CL2010 -5, SURFACE ASPHALT, VARIOUS LOCATIONS Resolution #GPA- 421 -10 Moved by Councillor Robinson, seconded by Councillor Trim 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, General Purpose and Administration Committee Minutes July 5, 2010 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 and 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 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. CARRIED TENDER CL2010 -24, PAVEMENT REHABILITATION, VARIOUS LOCATIONS Resolution #GPA- 422 -10 Moved by Councillor Trim, seconded by Councillor Woo 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, -21 - General Purpose and Administration Committee Minutes July 5, 2010 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 Project Budget Amount 110 -32- 330 - 83212 -7401 2008 Pavement Rehabilitation $100,000.00 110 -32- 330 - 86212 -7401 2009 Pavement Rehabilitation $490,000.00 110 -32- 330 - 83212 -7401 2010 Pavement Rehabilitation $910,000.00 Total Funds Required $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. CARRIED TENDER CL2010 -22, SQUIRE FLETCHER PARKETTE DEVELOPMENT Resolution #GPA- 423 -10 Moved by Councillor Robinson, seconded by Councillor Woo 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. CARRIED -22- General Purpose and Administration Committee Minutes July 5, 2010 INFORMATION REPORT — CLARINGTON OLDER ADULTS ASSOCIATION — MEMORANDUM OF UNDERSTANDING Resolution #GPA- 424 -10 Moved by Councillor Hooper, seconded by Councillor Novak 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. CARRIED JOINT HEALTH AND SAFETY COMMITTEE — 2009/2010 SUMMARY Resolution #GPA- 425 -10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD - 044 -10 be received for information. CARRIED PURCHASING BY -LAW — UPDATE 2010 Resolution #GPA- 426 -10 Moved by Councillor Hooper, seconded by Councillor Foster 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, -23- General Purpose and Administration Committee Minutes July 5, 2010 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. CARRIED LEASE AGREEMENT — DURHAM CENTRAL AGRICULTURAL SOCIETY ORONO FAIR GROUNDS Resolution #GPA- 427 -10 Moved by Councillor Robinson, seconded by Councillor Foster 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 1 OR -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 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. CARRIED FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. SOLICITOR'S DEPARTMENT See "Confidential Reports" section. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. -24- General Purpose and Administration Committee Minutes July 5, 2010 UNFINISHED BUSINESS STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) AND BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE Resolution #GPA- 428 -10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Addendum 3 to Report PSD- 067 -09 be received, THAT Addendum 3 to Report PSD- 067 -09 be tabled until the first full meeting of Council, following the municipal election, to allow staff to continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the Official Plan Amendment, Draft Plans of Subdivision and Zoning By -law Amendments; and THAT all interested parties listed in the Addendum 3 to Report to PSD- 067 -09 and any delegation be advised of Council's decision. CARRIED HEATHER RUTHERFORD'S DELEGATION REGARDING INDUSTRIAL WIND TURBINES Resolution #GPA- 429 -10 Moved by Councillor Foster, seconded by Councillor Robinson 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. CARRIED -25- General Purpose and Administration Committee Minutes July 5, 2010 OTHER BUSINESS GOODYEAR CANADA 100TH ANNIVERSARY Councillor Trim rose to provide the Committee with background information on Goodyear Canada, which is celebrating 100 years of operation this year. Resolution #GPA- 430 -10 Moved by Councillor Woo, seconded by Councillor Novak THAT Goodyear be recognized for their 100 years in business by way of a proclamation to be finalized for the fall of this year. CARRIED MOSPORT INTERNATIONAL RACEWAY 50TH ANNIVERSARY Resolution #GPA- 431 -10 Moved by Councillor Hooper, seconded by Councillor Robinson 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. CARRIED COMMUNICATIONS C -1 CORRESPONDENCE FROM TRINA FITZPATRICK AND DAN LAYMAN REGARDING REPORT PSD- 082 -10 REGARDING AN APPLICATION TO PERMIT THE DEVELOPMENT OF A 1643 SQ.M., THREE STOREY BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH PHARMACY AND ASSOCIATED PARKING AREA Resolution #GPA- 432 -10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Ms. Fitzpatrick's and Mr. Layman's correspondence regarding Report PSD -082- 10, regarding an application to permit the development of a 1643 sq.m., three storey building for a professional dental, medical office with pharmacy and associated parking area be referred to the Planning Services Department for incorporation into the ongoing planning process for this application. CARRIED -26- General Purpose and Administration Committee Minutes July 5, 2010 CONFIDENTIAL REPORTS 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. Resolution #GPA- 433 -10 Moved by Councillor Foster, seconded by Councillor Woo THAT Report SOL- 002 -10 be received; and THAT staff be directed to proceed with Option 3 of Confidential Report SOL- 002 -10. MOTION WITHDRAWN Resolution #GPA- 434 -10 Moved by Councillor Foster, seconded by Councillor Novak THAT in accordance with Section 239 of the Municipal Act, 2001, the meeting be closed for the purpose of discussing: a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local boards; and a matter that deals with advice that is subject to solicitor - client privilege, including communications necessary for that purpose CARRIED The meeting reconvened in "open" session at 4:33 p.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- 435 -10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report SOL- 002 -10 be received; and -27- General Purpose and Administration Committee Minutes July 5, 2010 THAT staff be directed to proceed with Option 3 of Confidential Report SOL- 002 -10. CARRIED ADJOURNMENT Resolution #GPA- 436 -10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 4:33 p.m. MA CARRIED IME