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Home My WebLink About12/13/2010 General Purpose and Administration Committee Minutes December 13, 2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, December 13, 2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Purchasing Manager, J. Barber Director of Community Services, J. Caruana Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Municipal Solicitor, A. Allison Deputy Clerk, A. Greentree Clerk II, J. Gallagher Mayor Foster 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, on Tuesday, December 7, 2010, he and Councillor Hooper attended the ribbon cutting for the new business, located at 100 Mearns, called Studio Lamont Salon and Spa. - 1 - General Purpose and Administration Committee Minutes December 13, 2010 Councillor Hooper congratulated the Clarington Older Adults Association (COAA) on their sold out annual Christmas dinner and dance which was held on Saturday, December 11, 2010. He also announced that that the COAA will be holding their Christmas Concert with the Clarington Concert Band this Thursday, December 16, 2010 at 7:00 p.m. Councillor Hooper announced that he was pleased to see that all the Council members participated, through song, in the Annual Christmas Tree Lighting. MINUTES Resolution #GPA-502-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 27, 2010, be approved. CARRIED ALTER AGENDA Resolution #GPA-503-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the agenda be altered in order to deal with the matter of the designation of Members of Council as Department Chairs at this time. CARRIED APPOINTMENT OF DEPUTY MAYOR Resolution #GPA-504-10 Moved by Councillor Hooper, seconded by Councillor Partner THAT in accordance with Section 226 of the Municipal Act, 2001, c.25, during the four- year term of Council (2010 through to 2014), Regional Councillor Wards 1 and 2 and Regional Councillor Wards 3 and 4 be appointed as the Deputy Mayor for the Municipality of Clarington on an alternating year-about schedule beginning with Regional Councillor Wards 1 and 2. CARRIED - 2 - General Purpose and Administration Committee Minutes December 13, 2010 DESIGNATION OF MEMBERS OF COUNCIL AS DEPARTMENT CHAIRS Resolution #GPA-505-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the Members of Council be designated as a Department Chair for the term ending December 31, 2012, as follows: Planning Services Department Councillor Mary Novak Engineering Services Department Councillor Corinna Traill Operations Department Councillor Willie Woo Emergency Services Department Councillor Ron Hooper Community Services Department Councillor Joe Neal Municipal Clerk’s Department Councillor Wendy Partner Finance, Corporate Services & Mayor Adrian Foster Solicitor’s Department & Administration CARRIED PRESENTATIONS There were no presentations. DELEGATIONS There were no delegations. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING Subject: (a) Application for Draft Plan of Condominium Approval Applicant: 2231231 Ontario Ltd. Report: PSD-113-10 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. Scott Waterhouse, Sernas Associates, was present to represent the applicants. He stated that the application was a formality in order to transfer ownership. The project is underway and the developer is anxious to move forward. - 3 - General Purpose and Administration Committee Minutes December 13, 2010 PLANNING SERVICES DEPARTMENT APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM APPLICANT: 2231231 ONTARIO LIMITED Resolution #GPA-506-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-113-10 be received; THAT the Draft Plan of Condominium application submitted by 2231231 Ontario Limited be approved, and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3 of Report PSD-113-10; THAT a copy of Report PSD-113-10 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-113-10 and any delegations be advised of Council's decision. CARRIED PROPOSED DRAFT PLAN OF CONDOMINIUM TO ALLOW FOR CONDOMINIUM TENURE OF 119 TOWNHOUSE UNITS APPLICANT: ASPEN HEIGHTS LTD. Resolution #GPA-507-10 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD-114-10 be received; THAT the request to deem the subject application exempt from Sections 51(19.4), 51(20) and 51(37) of the Planning Act be considered appropriate in the circumstances as authorized by Section 9(7) of the Condominium Act and that a Public Meeting is not required; THAT the application for proposed Plan of Condominium C-C-2010-0002 submitted by Aspen Heights Ltd. be approved subject to conditions as contained in Attachment 3 to Report PSD-114-10; THAT the By-law authorizing the entering into a Condominium Agreement between the Owner of Draft Plan of Condominium C-C-2010-0002 and the Municipality of Clarington be approved as contained in Attachment 4 to Report PSD-114-10; and - 4 - General Purpose and Administration Committee Minutes December 13, 2010 THAT the Durham Region Planning Department and all interested parties listed in Report PSD-114-10 and any delegations be advised of Council's decision. CARRIED AMENDMENT TO SIGN BY-LAW 2009-123 APPLICANT: NEWTON-TRELAWNEY PROPERTY MANAGEMENT/DURHAM STANDARD CONDO CORPORATION 200 Resolution #GPA-508-10 Moved by Councillor Woo, seconded by Councillor Traill THAT Report PSD-115-10 be received; THAT the application for Amendment to the Municipality of Clarington Sign By-law 2009-123, submitted by Newton-Trelawney Property Management / Durham Standard Condo Corporation 200, to permit two permanent signs attached to two existing landscape feature walls on the subject property at 350 Lakebreeze Drive, Newcastle, be approved, and that staff be authorized to issue a permit for two permanent signs; and THAT all interested parties listed in Report PSD-115-10 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 7, OCTOBER 28, AND NOVEMBER 25, 2010 Resolution #GPA-509-10 Moved by Councillor Neal, seconded by Councillor Partner THAT Report PSD-116-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on October 7, October 28 and November 25, 2010 for applications A2010-0035 through A2010-0041, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED - 5 - General Purpose and Administration Committee Minutes December 13, 2010 AMENDMENT TO FEES BY-LAW RELATED TO PLANNING AND DEVELOPMENT APPLICATIONS Resolution #GPA-510-10 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD-117-10 be received; and THAT the By-law attached to Report PSD-117-10, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, be approved. CARRIED ONTARIO MUNICIPAL BOARD DECISION – APPEAL OF ZBA 2009-0009 APPLICANT: GREEN MARTIN HOLDINGS LTD. Resolution #GPA-511-10 Moved by Mayor Foster, seconded by Councillor Traill THAT Report PSD-119-10 be received for information. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORTS ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, OCTOBER & NOVEMBER, 2010 Resolution #GPA-512-10 Moved by Mayor Foster, seconded by Councillor Hooper THAT Reports EGD-031-10, EGD-032-10 and EGD-035-10 be received for information. CARRIED - 6 - General Purpose and Administration Committee Minutes December 13, 2010 LONGWORTH ESTATES SUBDIVISION PHASE 3, BOWMANVILLE, PLAN 40M-2325, ‘CERTIFICATE OF ACCEPTANCE’ AND ‘ASSUMPTION BY-LAW’, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-513-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report EGD-033-10 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-2325; and THAT Council approve the By-law attached to Report EGD-033-10, assuming certain streets within Plan 40M-2325 as public highways. CARRIED LIBERTY 2 SUBDIVISION, BOWMANVILLE, PLAN 40M-2316, ‘CERTIFICATE OF ACCEPTANCE’ AND ‘ASSUMPTION BY-LAWS’, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-514-10 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD-034-10 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-2316; and THAT Council approve the by-laws attached to Report EGD-034-10, assuming certain streets within Plan 40M-2316 as public highways. 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. - 7 - General Purpose and Administration Committee Minutes December 13, 2010 COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Partner chaired this portion of the meeting. CLERK’S DEPARTMENT rd 3 QUARTER PARKING REPORT Resolution #GPA-515-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-031-10 be received; and THAT a copy of Report CLD-031-10 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT KENDAL COMMUNITY CENTRE LEASE AND SUBLEASE RENEWAL Resolution #GPA-516-10 Moved by Councillor Traill, seconded by Councillor Woo THAT Report COD-051-10 be received; THAT the lease agreement with the Kendal Community Association (Schedule A to Report COD-051-10) for the term of January 1, 2011 to December 31, 2015 be approved; THAT the 2010 sub-leases for The Kendal Lions Club (Schedule B to Report COD-051-10) and the Kendal Postal Outlet (Schedule C to Report COD-051-10) be approved; THAT the extension of the subleases for a five year term be approved; and THAT the Mayor and the Clerk be authorized to execute the necessary agreements. CARRIED - 8 - General Purpose and Administration Committee Minutes December 13, 2010 TENDER NO. CL2010-28 – GRASS CUTTING & TRIMMING Resolution #GPA-517-10 Moved by Councillor Partner, seconded by Councillor Novak THAT Report COD-052-10 be received; THAT Tom’s Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of $91,740.90 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 1 as required by the Operations Department; THAT G.W.S. Landscaping, Bowmanville, Ontario with a total bid amount of $98,543.59 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 2 as required by the Operations Department; THAT Tom’s Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of $33,297.57 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 3 as required by the Operations Department; THAT Birds Property Management and Ground Control, Hampton, Ontario, with a total bid amount of $4,570.68 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-28, be awarded the contract for Grass Cutting and Trimming for Section 4 as required by the Operations Department; THAT the award, stated above in paragraph 4, be subject to the approval of the Regional Municipality of Durham; THAT pending satisfactory service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget Account 100-36-325-10115-7163 Parks Maintenance Contract. CARRIED - 9 - General Purpose and Administration Committee Minutes December 13, 2010 CONTRACT AWARDS DURING COUNCIL RECESS Resolution #GPA-518-10 Moved by Councillor Traill, seconded by Councillor Novak THAT Report COD-053-10 be received for information. CARRIED JOHN HOWARD SOCIETY – LEASE EXTENSION COMMUNITY LIVING OSHAWA / CLARINGTON – LEASE EXTENSION 132 CHURCH STREET, BOWMANVILLE Resolution #GPA-519-10 Moved by Councillor Novak, seconded by Councillor Traill THAT Report COD-054-10 be received; THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per year for the term of January 1, 2011 to December 31, 2011 be approved; THAT the Lease Extension from the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $13,754.03 per year for the term of January 1, 2011 to December 31, 2011 be approved; THAT Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society and Community Living Oshawa/Clarington; THAT staff be authorized to continue discussions with the John Howard Society and Community Living Oshawa/Clarington with a view to expanding the their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations, as funds permit; and THAT staff report on the results of the discussions with the John Howard Society and Community Living Oshawa/Clarington and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. CARRIED - 10 - General Purpose and Administration Committee Minutes December 13, 2010 FINANCE DEPARTMENT The Finance Department report was considered in the “Confidential Reports” section of the Agenda. SOLICITOR’S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS APPOINTMENT TO VERIDIAN CORPORATION BOARD OF DIRECTORS – 1 MEMBER (TABLED FROM DECEMBER 6, 2010 COUNCIL MEETING) Resolution #GPA-520-10 Moved by Councillor Traill, seconded by Councillor Novak THAT the matter of the appointment to the Veridian Corporation Board of Directors be lifted from the table. CARRIED CLOSED SESSION Resolution #GPA-521-10 Moved by Councillor Woo, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the appointment to the Veridian Corporation Board of Directors, a matter which deals with personal matters about an identifiable individual. CARRIED RISE AND REPORT The meeting resumed in open session at 10:35 a.m. with Mayor Foster in the Chair. The Mayor 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. - 11 - General Purpose and Administration Committee Minutes December 13, 2010 Resolution #GPA-522-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Jim Schell be nominated for the election of directors to the Board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012. MOTION LOST (See Following Motions) Resolution #GPA-523-10 Moved by Councillor Neal THAT the foregoing resolution #GPA-522-10 be amended to add: “That the appointment to the directors of the Veridian Board of Directors be advertised in the local newspapers and applications be submitted to the Municipality of Clarington to be appointed at the first General Purpose and Administration meeting in January, 2011.” Prior to a seconder being identified, the Chair ruled the amending motion out of order because it is contrary to the main motion. Councillor Neal immediately appealed the ruling of the Chair on the basis that it directly relates to an appointment to the Board. The Question “will the ruling of the Chair be sustained?” was put to a vote. The ruling of the Chair was sustained. The foregoing resolution #GPA-522-10 was put to a vote and was then Lost. Resolution #GPA-524-10 Moved by Councillor Partner, seconded by Councillor Traill THAT Frank Stapleton be nominated for the election of directors to the Board of the Veridian Corporation for a term commencing on January 2, 2011 and expiring on December 31, 2012. CARRIED Councillor Traill left the meeting at 10:43 a.m. - 12 - General Purpose and Administration Committee Minutes December 13, 2010 COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) MINUTES OF SETTLEMENT Resolution #GPA-525-10 Moved by Councillor Novak, seconded by Councillor Woo THAT the recommendations contained in the Confidential Report PSD-120-10 be approved. CARRIED MUNICIPAL ACT 2001, S.O. CHAPTER 25 – TAX SALE EXTENSION AGREEMENT Resolution #GPA-526-10 Moved by Councillor Woo, seconded by Councillor Partner THAT the recommendations contained in the Confidential Report FND-026-10 be approved. CARRIED OTHER BUSINESS COUNCIL’S APPOINTMENT TO VERIDIAN CORPORATION BOARD OF DIRECTORS Councillor Woo announced that he will be giving a Notice of Motion to reconsider Council’s Veridian Board appointment. COMMUNICATION FROM MS. RACANSKY THANKING THE OPERATIONS DEPARTMENT FOR THEIR ASSISTANCE ON HANCOCK ROAD Councillor Novak read a communication from Libby Racansky where she thanked the Operations Department for their assistance with the improvement of the streetscape on Hancock Road (where the elm hedge was removed and the native cedar hedge was planted in its place). She noted that the cedars were supplied by CLOCA’s partnership with the Anglers and Hunters to help improve wetlands and forest functions. - 13 - General Purpose and Administration Committee Minutes December 13, 2010 REQUEST FOR REPORT ON ANALYZING IMPLICATIONS OF THE HOST COMMUNITY AGREEMENT -PROPOSED ENERGY FROM WASTE FACILITY Resolution #GPA-527-10 Moved by Councillor Woo, seconded by Councillor Hooper WHEREAS The Corporation of the Municipality of Clarington and The Regional Municipality of Durham entered into a Host Community Agreement dated February 18, 2010 which set out their rights and obligations regarding a proposed energy from waste facility (the "EFW Facility"); and WHEREAS in a decision dated October 21, 2010, the Minister of the Environment gave approval under the Environmental Assessment Act to proceed with the proposed EFW Facility subject to conditions; and WHEREAS the conditions imposed by the Minister addressed some, but not all, of the matters that were dealt with in the Host Community Agreement; and WHEREAS there continues to be a concern in the Municipality regarding the Municipality's involvement in the EFW process, NOW THEREFORE BE IT RESOLVED THAT staff be directed to prepare a report that analyzes all implications of the Host Community Agreement; and THAT such report be prepared for consideration at the General Purpose & Administration Committee meeting on January 10, 2011. CARRIED ADJOURNMENT Resolution #GPA-528-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the meeting adjourn at 10:56 a.m. CARRIED ~ ~ ~ ~, M Y DE UTY"CLERK -14-