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HomeMy WebLinkAbout09/13/2010 General Purpose and Administration Committee Minutes September 13, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 13, 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 attended until 2:30 p.m. Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Manager of Transportation & Design, L. Benson Director of Community Services, J. Caruana attended until 3:40 p.m. Director of Operations, F. Horvath attended until 3:40 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services & Human Resources, M. Marano attended until 3:40 p.m. Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Solicitor, A. Allison Municipal Clerk, P. Barrie Clerk II, J. Gallagher attended until 3:40 p.m. 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 Woo announced that Councillor Hooper and he participated in the Ride for United Way on August 29, 2010, along with approximately 400 other riders. He noted that the Garnet B. Rickard Complex was a great venue and the staff made the experience an excellent one. He added that the Ride was such a success that they probably will be returning to the Clarington area next year. Councillor Woo noted that, - 1 - General Purpose and Administration Committee Minutes September 13, 2010 on Sunday, September 12, 2010, he attended the opening of Diane Pugen’s exhibit, a Toronto artist, at the Visual Arts Centre, which runs until October 10, 2010. He also noted that Ron Eccles, a Bowmanville artist, has an exhibition of his work, “Pattern of Life”, on the Mezzanine Level of the Library. Councillor Robinson thanked the Operations and Emergency Services Departments for their assistance at the Orono Fair this past weekend. Councillor Foster announced that on Tuesday, September 14, 2010 at 6:00 p.m. at the Legion, there will be a “Take Back the Night” event. He also announced that there will be an unveiling of the cenotaph at Whitecliffe Terrace on September 18, 2010 at 11:00 a.m. Councillor Foster also announced that, on Saturday, September 18, 2010, there will be the annual Zion BBQ. Councillor Hooper announced that the annual Terry Fox run will be held on Sunday, September 19, 2010. He noted that the Municipality has a team and encouraged everyone to participate. Mayor Abernethy congratulated the Orono Agricultural Fair Board on a busy Fair this past weekend. He noted that the record for the Fair last year was 28,000 attendees and that the organizers believe that they have broken the record this year. Mayor Abernethy thanked all the volunteers who helped to make the event a success. MINUTES Resolution #GPA-437-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on July 5, 2010, be approved. CARRIED PRESENTATIONS Paddy Kennedy, Dillon Consulting Limited and Joseph Bogdan, Joseph Bogdan Associates Inc., made a verbal and PowerPoint presentation to the Committee regarding the Courtice Main Street Master Development Plan. Mr. Kennedy noted that there are three phases to the study and stated that Phase 2 (Development of Options & Public Options) has just come to an end. He noted that the remaining Phase 3 is the development of the Secondary Plan and Zoning By-law. Mr. Kennedy provided the Committee with a background review which included an introduction of the Master Development Plan. He stated that the purpose of the Master - 2 - General Purpose and Administration Committee Minutes September 13, 2010 Development Plan was to incorporate current trends and recent changes in Provincial and Municipal policies. Mr. Kennedy noted that the goal was to determine a long term vision for development, provide a focal area for the Courtice community, and to support incremental change and to allow for evolution. He stated that they have held three public meetings to gather public input and informed the Committee of some of the input heard at the public meetings which included: a need for a ‘Courtice identity’ for the Durham Highway 2 Courtice section; the need to function better; more pedestrian and cycle oriented; celebration of the Creek Valleys; encouragement of the green link, the need to respect the built form; need for public gathering spaces; provision of mixed use; desire for a human scaled, master planned community vs. “big box”; and a need for municipal services. Mr. Kennedy noted that the overriding theme is to ensure that there is a balance of all the uses. He stated that there were some specific ideas that were stressed, including the desire for a public square within Courtice and the need to ensure that regulations include provisions for existing smaller properties. Mr. Bogdan briefed the Committee on the proposed vision which included: strengthening Courtice’s role within Clarington; natural heritage; community based strengths; create a community focal area; public gathering spaces; street edging; improve the image; respect the character; the need for municipal servicing; and support of transit goals. He noted that there are distinct “precincts” within the corridor (Courtice West Gateway, Black Creek Mixed Use, Courtice Town Centre, and Courtice East Gateway) which need to be strengthened and linked. Mr. Bogdan noted that the proposal would ensure more mixed use and strengthened residential uses, while using the open/green space as the “spine” for the area. He stated that this development will take place during the interim period (2010-2020) towards the completion date of 2030. Mr. Bogdan highlighted the following elements of the Master Development Plan: streetscape, entrances into parks, street cross-section integrating all modes of transportation while allowing for landscape, and spillage of commercial activity onto the sidewalk. He noted that the Open Space Plan includes street sidewalks, mid-rise higher density area, linkages, and the creation of a town centre or public square. Mr. Kennedy spoke about the land use schedule and urban design concept, broken down by the four precincts. He noted that many of the properties are individual properties and in order to bring the proposal about, he suggested that a Community Improvement Plan would provide for incentives for improvement as well as land- assembly. Mr. Bogdan noted that the purpose of the Urban Design Guidelines is that they are to be used as a tool to reflect the Municipality’s intention to improve the character and quality of development. He added that the guidelines are also intended to be used in conjunction with the Secondary Plan and to illustrate approaches to redevelopment, new building and landscaping. Mr. Bogdan stated that the guidelines are presented in four categories (site planning, built form, open space, streetscaping/gateways). He provided the Committee with an example of the guidelines. Mr. Bogdan described the - 3 - General Purpose and Administration Committee Minutes September 13, 2010 differences between the proposed plan and the 2001 (primarily the new plan includes the Provincial policies). Mr. Kennedy presented the Committee with the following recommendations: ? Adopt Master Development Plan including Urban Design Guidelines ? Review and adopt Secondary Plan and Zoning By-law ? Implement Urban Design Control through the site planning process ? Community Improvement Plan should be developed with a BIA to be established if possible ? Recommend Streetscape Improvement Plan ? Municipality to examine incentives for improvement DELEGATIONS Resolution #GPA-438-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT the presentation of Tom Gazda and Brian Krecklo, Gazda Houlne & Associates, regarding the Market Compensation Review Report (confidential report) be moved to Closed Session to be held at 12:00 p.m. in Committee Room 1A, after which the public portion of the General Purpose and Administration Committee meeting will reconvene, if necessary. CARRIED Sandy Brittain, Executive Director, made a verbal presentation to the Committee on behalf of Feed the Need in Durham, regarding awareness of Feed the Need in Durham and the grand opening event. She informed the Committee of the history of the organization, which stemmed from a crisis in the Foodbank, shelter and breakfast- feeding programs. Ms. Brittain noted that her organization, located in the King & Townline area of Oshawa, serves 37 organizations across Durham, including Clarington. She noted that the organization is receiving food from Sobey’s, Loblaws, and others. Ms. Brittain informed the Committee that they receive 15-20 skids of fresh food and 4-5 skids of frozen products each week. She noted that large or individual donations are accepted. Ms. Brittain noted that there are volunteers who sort the food and assist with the distribution. She noted that this is not a public outlet, but rather the member agencies submit their weekly requests or attend the warehouse to obtain the food. Ms. Brittain stated that donations typically occur during the Thanksgiving and Christmas season, but that they are required all year around. She added that their food waste goes to zoos and animal shelters in the local area. Ms. Brittain invited everyone to attend the grand opening event on September 30, 2010 from 3:00 p.m.– 5:00 p.m., with entertainment from 5:00 p.m. – 9:00 p.m. - 4 - General Purpose and Administration Committee Minutes September 13, 2010 Blair McEwen, owner and President of Bowmanville Wood Products Inc., was present regarding Report PSD-099-10, the proposed Zoning By-law amendments to implement the adopted Clarington Technology Business Park Secondary Plan. He informed the Committee that he had purchased two properties adjacent to his property to start a pallet business. Mr. McEwen apologized to the Committee for not attending the recent public meeting regarding the zoning by-law amendment as he had previously believed that the amendment did not affect him. He stated that he has concerns with section 23(g) regarding outside storage. Mr. McEwen stated that he is concerned that if the pallet business changes in the future and he is unable to continue his business, that he would not be able to change to a new business which requires outside storage. Mr. McEwen also stated that he would have difficulty selling his property. He asked that, if Bowmanville Wood Products has to change their business within the next 15 years, the sections 23G.4 a, b and c, concerning outside storage, be suspended for his property and any new type of outside storage business started by Bowmanville Wood Products be grandfathered. Angie Darlison, Executive Director, Clarington Older Adults Association (COAA), was present regarding Report PSD-102-10, an exception to policies for mobile signage for the Clarington Older Adult Association. She asked the Committee to allow the COAA to install their mobile sign. Ms. Darlison noted, in order to be successful, the COAA needs to advertise their programs, including the use of the mobile sign. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING Subject: (a) Courtice Main Street Master Development Plan Applicant: Municipality of Clarington Report: PSD-094-10 Ruth Porras, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Libby Racansky spoke in opposition to the application. Ms. Racansky made a verbal and PowerPoint presentation. She stated that she is not strictly opposed to the application (rather she is in favour of the application), however, she has concerns with the natural environment. Ms. Racansky stated that she is concerned about the mixed use proposal, north of Highway 2, resulting in six storey buildings, which will eliminate the natural environment. She stated that she would like a restoration of the natural environment prior to any further development taking place. Ms. Racansky asked that the remainder of the swamp area be preserved to show the natural heritage. She spoke about the photos of Black Creek and its outfalls where she has concerns about the temperature and quality of the outfall. Ms. Racansky noted that there are invasive species on the Millennium Trail instead of native species. She stated that there is no - 5 - General Purpose and Administration Committee Minutes September 13, 2010 co-operation between the Region of Durham and the local Engineering Department, such as the example of the low bridge that the Region built, which does not allow room for the proposed trail that is planned by the Municipality. She stated that she is also concerned about the flooding of the existing trail. Ms. Racansky asked that the Engineering Services Department push for natural surfaces rather than hard surfaces. Bryce Jordan, Sernas Associates, planner for Halloway Development, which owns 16 acres, stated that his clients have concerns regarding the fact that the site has existing C1 zoning which has been in place for over 20 years and that zoning is now proposed to be changed. Mr. Jordan noted that the C1 zoning allows large scale development, which is what his clients have always planned to place on the property. He stated that, no matter what the future policy is, the existing zoning must stay in place for the existing property owners. Mr. Jordan added that, upon redevelopment, the new land use policies would apply. He stated that the designation of the park, on Halloway’s land, is unacceptable unless Halloway is adequately compensated for this land. Mr. Jordan concluded that he plans to have further discussions with Planning Staff. Sandra Shannick was present to ask questions. She informed the Committee that she and her husband have only recently moved to the area. Ms. Shannick asked how long the project will take and also “is there going to be a median placed between Courtice Road and Trulls Road?” Her third question is “who would be responsible for the snow removal on the sidewalk on the south side of Highway 2 (landowner or the Municipality)?” Kerry Meydam was present in support of the application, however she stated that she is concerned about the north side of Highway 2, similar to the concerns presented by Ms. Racansky. Ms. Meydam stated that she is concerned about setbacks and further that these natural areas will not be visible to the public if there is further development of the north side of Highway 2. Resolution #GPA-439-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:20 a.m. - 6 - General Purpose and Administration Committee Minutes September 13, 2010 Subject: (b) Amend Zoning By-law and Official Plan Applicant: 1804603 Ontario Inc. Report: PSD-095-10 Dean Jacobs, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Erik Petersen, local resident, spoke in opposition to the application. He stated that he is strongly opposed to this application as he believes that it is detrimental to the neighbourhood and does not comply with the neighbourhood centre requirements. Mr. Petersen stated that he understands the neighbourhood centre is a gathering place and he does not believe that a supermarket parking lot is the ideal “social gathering place”. He stated that there is no mention of where the current proposed 57 residential units will be relocated if this new proposal is approved. He added that he is also concerned with traffic as these roads are not designed for through-traffic. Mr. Petersen stated that he believes this proposal is more of a commercial centre than a neighbourhood centre. He stated that he has spoken with many of the neighbours and he stated that they all agree with his position. Mr. Petersen stated that the Urban Metrics report states that the site might be viable, but that it also notes that there are other locations that are also viable and may be better sites. He stated that, in discussion with neighbours, they feel that they need a neighbourhood centre which includes a gathering place, small local business, but not a large supermarket. Mr. Petersen stated that he is also concerned about the 25’ wall which is proposed for the site, which does not encourage pedestrian traffic and will cause noise problems (with noise bouncing off the wall). He noted that this proposal will decrease the adjacent properties’ desirability. Mr. Petersen stated that, in the developer’s rationale report, there are out-of-date maps and photos which do not reflect the residential development which has taken place in the past five years. He concluded by noting that he believes the sound levels will double if this development is allowed to proceed. Tom Keen, local resident, stated that he is not opposed to the project in general, but rather the additional traffic that will impact the new school. He stated that, as residents, he does not believe that they have been made aware of the traffic impact. Andrew Ray, local resident, spoke in opposition to the application. He noted that the plan states that Bowmanville has roughly 91,000 people. Mr. Ray disputed this figure as being the Clarington population, not Bowmanville, and therefore there is not a need for another grocery store. He stated that he is also concerned about the impact of the traffic on the local students. Mr. Ray stated that he would prefer townhouses on the property. He noted that, if this property is rezoned, there would be a possibility that the vacant property on the south side of Longworth would also be rezoned. - 7 - General Purpose and Administration Committee Minutes September 13, 2010 Ronald Richards, agent of the applicant, 1804603 Ontario Limited made a verbal presentation to accompany his PowerPoint presentation. He noted that the company is a family-owned business and well known developer of neighbourhood centres. Mr. Richards provided the Committee with some background surrounding the proposal. He noted that the residential zoning and commercial zoning are both permitted uses. Mr. Richards stated that there is a large supermarket tenant who has signed on to be a part of this project. He noted that the market study shows that there is adequate market to sustain this development. Mr. Richards stated that he is aware of the concerns of the local residents. He addressed the noise issue by stating that they have been discussing mitigating factors proposed (noise barrier walls on the roof and on the property boundary). Mr. Richards noted that a traffic study has been performed by the developer and that his client believes that there will be reduced pollution in terms of travel to the centre. He added that it has been his client’s experience that residents will walk to the centre. Mr. Richards informed the Committee that his client is now looking at providing a local gathering centre. He addressed the concern about whether there is a need for another grocery store, by stating that people will still continue to shop, just closer to home. Mr. Richards noted that the proposal of a 30,000 sq ft store is one of the smallest footprints for a grocery store. Mr. Richards informed the Committee that his client will continue to work with Planning Staff regarding “animating the frontage”. He stated that the use of the out-of-date Google maps was in no way intended to mislead or ignore the existing residential properties. Mr. Richards concluded by asking that this matter be brought forward for consideration at the first available Council meeting and stated that his client will endeavour to meet with the residents in a timely manner. Resolution #GPA-440-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the agenda be altered in order to deal with Report PSD-095-10 at this time. CARRIED Resolution #GPA-441-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-095-10 be received; THAT the application submitted by 1804603 Ontario Inc. continue to be processed by staff and that a further report be prepared and brought back for the September 27, 2010 General Purpose and Administration Committee meeting, following the receipt of all outstanding agency comments; and - 8 - General Purpose and Administration Committee Minutes September 13, 2010 THAT the interested parties listed in Report PSD-095-10 and any delegations be advised of Council’s decision. CARRIED Resolution #GPA-442-10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussion of a matter that deals with personal matters about identifiable individuals, including municipal or local board employees. CARRIED Resolution #GPA-443-10 Moved by Mayor Abernethy, seconded by Councillor Trim THAT the Committee reconvene, in Open Session, at 1:30 p.m., or when the closed session is finished, if later than 1:30 p.m. CARRIED The meeting resumed in open session at 2:00 p.m. with Mayor Abernethy in the Chair. Mayor Abernethy advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #GPA-444-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Option A of the Confidential Market Compensation Review Report be approved, with an October 1, 2010 implementation date. CARRIED Councillor Novak chaired this portion of the meeting. - 9 - General Purpose and Administration Committee Minutes September 13, 2010 Subject: (c) Application to Amend the Clarington Official Plan Applicant: Municipality of Clarington Report: PSD-096-10 Lisa Backus, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Libby Racansky spoke in opposition to the application. She stated that she is concerned about the amount of the designated Greenfield area as the Province has not decided on the Greenfield area. She asked that the Greenfield areas be removed from the Special Study areas until all issues according to the OMB agreement for these areas will be satisfied. Ms. Racansky also noted that she is concerned with the special designated area, which she believes will be difficult to develop. Ms. Racansky informed the Committee that she is concerned that the subdivision in the northeast corner of Exhibit A & E, of Report PSD-096-10, are not shown in the proper location. She noted that the area near Courtice Woods in the northwest area is designated as green belt, but it is a developed area. Ms. Racansky concluded by noting that the public meetings focussed on the preservation of the natural environment and therefore she asked that Council protect the natural areas ahead of the residential and employment areas. Roland Weigel was present to express concerns about Maple Grove. He stated that he is concerned Maple Grove is being left out of the Official Plan. Mr. Weigel stated that he has recently learned that the Province has an impact on Maple Grove and the Official Plan. He noted that it is a community, but has been excluded and he would like to see what the future plans are for Maple Grove. Mr. Weigel stated that he is concerned about the dangers with the traffic on Highway 2 and walking on the sidewalk near the busy highway, especially in the winter time. Councillor Hooper rose and read a letter from Mr. Robert Neshevich, on behalf of family members, including Greg Milosh, dated September 13, 2010, in support of the application. Councillor Robinson left the meeting at 2:30 p.m. Subject: (d) Amend Zoning By-law Applicant: Deborah and William Doiron Report: PSD-097-10 Lisa Backus, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Deborah Doiron, applicant, was present to ask the Committee to approve the application today, based on the comments contained within Report PSD-097-10. - 10 - General Purpose and Administration Committee Minutes September 13, 2010 Subject: (e) Amend Zoning By-law Applicant: KTJ Holdings Report: PSD-098-10 Paul Wirch, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Glen Genge, D.G. Biddle, representing the applicant, was present to answer questions. He noted that there is a chiropractor interested in locating in the proposed new building. Mr. Genge encouraged the Committee to approve the by-law included in Report PSD-098-10. PLANNING SERVICES DEPARTMENT COURTICE MAIN STREET MASTER DEVELOPMENT PLAN Resolution #GPA-445-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-094-10 be received; THAT the Courtice Main Street Master Development Plan be approved in principle; THAT Staff be directed to prepare a Secondary Plan for inclusion in the Clarington Official Plan and the necessary Zoning By-law to implement the Courtice Main Street Master Development Plan; THAT the Durham Regional Planning Department be forwarded a copy of Report PSD-094-10 including all attachments; and THAT all interested parties listed in Report PSD-094-10 and any delegations be advised of Council’s decision. CARRIED - 11 - General Purpose and Administration Committee Minutes September 13, 2010 PROPOSED AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 Resolution #GPA-446-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-096-10 be received; THAT the proposed Amendment to the Official Plan continue to be processed; and THAT the interested parties listed in Report PSD-096-10 and any delegations be advised of Council’s decision. CARRIED APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANT: DEBORAH AND WILLIAM DOIRON Resolution #GPA-447-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-097-10 be received; THAT the application to amend the Zoning By-law submitted by the Deborah and William Doiron be approved and that the By-law contained in Attachment 2 to Report PSD-097-10 be passed; and THAT all interested parties listed in Report PSD-097-10 and any delegations be advised of Council’s decision. CARRIED - 12 - General Purpose and Administration Committee Minutes September 13, 2010 APPLICATION TO PERMIT ADDITIONAL USES AT AN EXISTING COMMERCIAL PLAZA APPLICANT: KTJ HOLDINGS Resolution #GPA-448-10 Moved by Councillor Woo, seconded by Mayor Abernethy THAT Report PSD-098-10 be received; THAT, as there were no significant issues raised at the Public Meeting, the application to amend the Zoning By-law, submitted by KTJ Holdings, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 2 to Report PSD-098-10, be passed; and THAT all interested parties listed in Report PSD-098-10 and any delegations be advised of Council’s decision. CARRIED PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN Resolution #GPA-449-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-099-10 be received; THAT the proposed Zoning By-law to implement the Clarington Technology Business Park Secondary Plan contained in Attachment 5 to Report PSD-099-10 be passed; and THAT all interested parties listed in Report PSD-099-10 and any delegations be advised of Council’s decision. MOTION TABLED (See following motion) Resolution #GPA-450-10 Moved by Councillor Woo, seconded by Mayor Abernethy THAT Report PSD-099-10 be tabled until the General Purpose and Administration Committee meeting scheduled for September 27, 2010, in order to allow time for the Planning Staff to meet with Mr. Blair McEwen. CARRIED - 13 - General Purpose and Administration Committee Minutes September 13, 2010 2 APPLICATION TO PERMIT THE DEVELOPMENT OF A 1,439M, THREE STOREY BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH PHARMACY AND ASSOCIATED PARKING AREA Resolution #GPA-451-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-100-10 be received; THAT the rezoning application submitted by D.G. Biddle & Associates Ltd., to permit the development of a three storey building for a professional medical office with pharmacy and associated parking area at reduced standards be approved and that the By-law contained in Attachment 2 to Report PSD-100-10 be passed; and THAT all interested parties listed in Report PSD-100-10 and any delegations be advised of Council’s decision. CARRIED APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANTS: HENK AND LISA MULDERS Resolution #GPA-452-10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report PSD-101-10 be received; THAT the application for a Zoning By-law Amendment, submitted by Henk and Lisa Mulders, be approved and the by-law as contained in Attachment 4 of Report PSD-101-10 be adopted; THAT the Durham Region Planning Department and Municipal Property Assessment Corporation (MPAC) be forwarded a copy of Report PSD-101-10 and Council’s decision; and THAT all interested parties listed in Report PSD-101-10 and any delegations be advised of Council’s decision. CARRIED - 14 - General Purpose and Administration Committee Minutes September 13, 2010 EXCEPTION TO POLICIES FOR MOBILE SIGNAGE FOR CLARINGTON OLDER ADULT ASSOCIATION Resolution #GPA-453-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-102-10 be tabled until the Council meeting scheduled for September 20, 2010 for discussion. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 8, JULY 22, AUGUST 12 AND SEPTEMBER 2, 2010 Resolution #GPA-454-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-103-10 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on July 8, July 22, August 12 and September 2, 2010 for applications A2010-0023 through A2010-0026 and A2010-0028 through A2010-0034, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with Staff that an appeal by the Municipality of the decisions made by the Committee of Adjustment for applications A2010-0021, A2010-0022 and A2010-0027 is not warranted, however, should an appeal be lodged by another party, that Staff be authorized to defend its original position. CARRIED Councillor Foster chaired this portion of the meeting. - 15 - General Purpose and Administration Committee Minutes September 13, 2010 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORTS ON BUILDING PERMIT ACTIVITY FOR JUNE, JULY AND AUGUST, 2010 Resolution #GPA-455-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Reports EGD-027-10, EGD-028-10, and EGD-029-10 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT – JUNE, JULY AND AUGUST, 2010 Resolution #GPA-456-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report ESD-011-10 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. - 16 - General Purpose and Administration Committee Minutes September 13, 2010 CLERK’S DEPARTMENT MEETING SCHEDULE – 2010 TO 2014 Resolution #GPA-457-10 Moved by Councillor Foster, seconded by Mayor Abernethy THAT Report CLD-025-10 be received; and THAT the meeting schedule for the term of Council 2010 to 2014, attached to Report CLD-025-10, be approved. CARRIED APPOINTMENT OF PARKING ENFORCEMENT OFFICER Resolution #GPA-458-10 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CLD-026-10 be received; THAT the By-law attached to Report CLD-026-10 appointing Shane Alexander as a Parking Enforcement Officer be forwarded to Council for approval; and THAT all interested parties listed in Report CLD-026-10 be advised of Council’s decision. CARRIED ANIMAL SERVICES QUARTERLY REPORT – APRIL – JUNE, 2010 Resolution #GPA-459-10 Moved by Councillor Trim, seconded by Councillor Foster THAT Report CLD-027-10 be received for information; and THAT a copy of Report CLD-027-10 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED - 17 - General Purpose and Administration Committee Minutes September 13, 2010 2ND QUARTER PARKING REPORT Resolution #GPA-460-10 Moved by Councillor Novak, seconded by Mayor Abernethy THAT Report CLD-028-10 be received; and THAT a copy of Report CLD-028-10 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT 2010/2011 INSURANCE PROGRAM Resolution #GPA-461-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report FND-019-10 be received; THAT the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self retention deductible levels for the period July 1, 2010 to June 30, 2011 at an approximate cost the Clarington of $732,748 be confirmed; THAT the Municipality of Clarington supports the Association of Municipalities in its efforts to seek joint and several liability reform in Ontario and calls on the Provincial government to pursue much needed changes to the Negligence Act; and THAT AMO be advised of Council’s position. CARRIED - 18 - General Purpose and Administration Committee Minutes September 13, 2010 FINANCIAL UPDATE AS AT JUNE 30TH, 2010 Resolution #GPA-462-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-020-10 be received for information. CARRIED 2009 AUDITED FINANCIAL STATEMENTS Resolution #GPA-463-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-021-10 be received; and THAT the 2009 Draft Audited Financial Statements be approved. CARRIED SOLICITOR’S DEPARTMENT See Confidential Reports. CHIEF ADMINISTRATIVE OFFICER SISTER CITY PROGRAM Resolution #GPA-464-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CAO-006-10 be received for information and this matter be deferred to the new Council. CARRIED - 19 - General Purpose and Administration Committee Minutes September 13, 2010 CORPORATE STRATEGIC BUSINESS PLAN 2007-2010 FINAL REPORT Resolution #GPA-465-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report CAO-007-10 and the Final Report attached to Report CAO-007-10 be received for information. CARRIED UNFINISHED BUSINESS SANDY BRITTAIN, EXECUTIVE DIRECTOR, FEED THE NEED IN DURHAM, REGARDING AWARENESS OF FEED THE NEED IN DURHAM AND THE GRAND OPENING EVENT Resolution #GPA-466-10 Moved by Councillor Woo, seconded by Councillor Novak THAT the delegation of Sandy Brittain, Executive Director, Feed the Need in Durham, regarding awareness of Feed the Need in Durham, be received with thanks. CARRIED OTHER BUSINESS TOWN OF OAKVILLE’S FINE PARTICULATE MATTER BY-LAW Resolution #GPA-467-10 Moved by Councillor Foster, seconded by Councillor Hooper WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law Number 2010-035 “to assess and control the health effects of major emissions of fine particulate matter in the Town of Oakville” (“Oakville’s FPM By-law”); WHEREAS TransCanada Energy has filed an application with the Ontario Superior Court of Justice seeking to quash Oakville’s FPM By-law on the basis that the Town does not have the legislative authority to pass it, it was enacted in bad faith, and it is invalid due to its vagueness; WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville with respect to the health effects of major emissions of fine particulate matter and the need for municipalities to regulate such emissions; - 20 - General Purpose and Administration Committee Minutes September 13, 2010 WHEREAS the Municipality of Clarington may be adversely affected by a judgment in the application filed by TransCanada Energy; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the Municipal Solicitor to seek leave to intervene as an added party in the application filed by TransCanada Energy; AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the 2011 budget deliberations. MOTION LOST COMMUNICATIONS CORRESPONDENCE FROM SEVERAL RESIDENTS OPPOSED TO THE PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT 2 THE DEVELOPMENT OF A FREE STANDING FOOD STORE OF 2,829M FOR RETAIL/SERVICE COMMERCIAL USES (REPORT PSD-095-10) Resolution #GPA-468-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the correspondence from the following residents regarding the proposed Official Plan and Zoning By-law Amendment to permit the development of a free standing food 2 store of 2,829m for retail/service commercial uses (Report PSD-095-10) be referred to the Planning Services Department: ? Erik and Kathrene Petersen ? Corey Robbins and Lindsay Highmore ? Jason and Jody Coulas ? Joseph and Sharon Reader ? Shirley McLean ? Robert and Amanda Hall ? Carl Pokorski ? Tristan Hymus ? Ken and Maria Hilts ? Jennifer Tremain and Michael Webber ? Marie O’Hare CARRIED - 21 - General Purpose and Administration Committee Minutes September 13, 2010 CORRESPONDENCE FROM ROSLYN HOUSER REGARDING THE PROPOSED AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 (REPORT PSD-096-10) Resolution #GPA-469-10 Moved by Councillor Trim, seconded by Councillor Hooper THAT the correspondence from Roslyn Houser, Goodmans LLP, Solicitor for Smooth Run Developments Inc. and Brookfield Homes (Ontario) Limited regarding the proposed amendment to the Municipality of Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the Provincial Policy Statement, 2005 (Report PSD-096-10) be referred to the Planning Services Department. CARRIED CORRESPONDENCE FROM RONALD ST. C. ARMSTRONG, ARMSTRONG HARRISON ASSOCIATES, REGARDING THE PROPOSED AMENDMENT TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AND THE PROVINCIAL POLICY STATEMENT, 2005 (REPORT PSD-096-10) Resolution #GPA-470-10 Moved by Councillor Trim, seconded by Councillor Woo THAT the correspondence from Ronald St. C. Armstrong, of Armstrong Harrison Associates, on behalf of Abe’s Auto Recycling, regarding the proposed amendment to the Municipality of Clarington Official Plan to incorporate the requirements and permissions afforded to the Municipality as a result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006, Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the Provincial Policy Statement, 2005 (Report PSD-096-10) be referred to the Planning Services Department. CARRIED - 22 - General Purpose and Administration Committee Minutes September 13, 2010 CONFIDENTIAL REPORTS Resolution #GPA-471-10 Moved by Councillor Hooper, seconded by Councillor Trim THAT in accordance with Section 239(2) of the Municipal Act. 2001, as amended, the meeting be closed at 3:45 p.m. for the purpose of dealing with Reports LGL-004-10 and LGL-005-10, matters that deal with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED The meeting resumed in open session at 4:40 p.m. Mayor Abernethy advised that two items was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed giving direction to staff. ADJOURNMENT Resolution #GPA-472-10 Moved by Councillor Trim, seconded by Woo THAT the meeting adjourn at 4:42 p.m. CARRIED MA ~' ~~ MUIt41C1PAL'CL~RK -23-