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HomeMy WebLinkAbout01/10/2011 General Purpose and Administration Committee Minutes January 10, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 10, 2011 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 Manager, Transportation & Design, L. Benson Director of Community Services, J. Caruana Director of Planning Services, D. Crome Deputy Treasurer, Lori Gordon Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano 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 Mayor Foster announced that the Mayor’s Annual Levee was very successful and he complimented the work done by staff to organize the event. Councillor Hooper announced that one of our long-term employees, Mr. Mike Wade passed away recently. He extended condolences to Mr. Wade’s family, on behalf of the Municipality and all staff. - 1 - General Purpose and Administration Committee Minutes January 10, 2011 Councillor Woo announced that he had attended the annual Polar Bear dip, where he witnessed 140 participants, including Mayor Foster, take the plunge to raise $14,000 for the Hospital for Sick Children to be used for paediatric liver disease research. Councillor Traill announced that a public meeting will be held on Wednesday, January 12, 2011 at 6:00 pm in the Council Chambers, Oshawa City Hall, 50 Centre Street South. She noted that the purpose of the meeting is to receive comments from the public concerning the extension of Highway 407 East. Mayor Foster and Councillor Traill will be speaking at this meeting. Councillor Neal complimented the Mayor and his staff for a very well organized Mayor’s Annual Levee yesterday. MINUTES Resolution #GPA-001-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on December 13, 2010, be approved. CARRIED PRESENTATIONS There were no presentations. DELEGATIONS Gerry Anderson’s name was called, but he was not present. Sharon Barclay, was present on behalf of Dave Boyd, Chair of the Clarington Off-Leash Dog Park Committee (COLDPC) regarding an off-leash dog park. She stated that she is one of the founding members of the COLDPC. Ms. Barclay requested that the Committee approve an off-leash dog park in Bowmanville. She noted that last fall, the Committee prepared a petition, with over 2000 signatures, which has been forwarded to the Municipal Clerk. Ms. Barclay requested that a minimum of two acres of environmentally appropriate land be set aside for this park. As a result of Mr. Boyd’s research into other off-leash dog parks, Ms. Barclay noted that the park should include: a chain link fence; two sections (one for small dogs and one for large dogs); gates and service entrance for each side; sufficient parking; garbage dispensers; waste containers; and garbage removal. She stated that her Committee would be interested in being involved in the implementation. Ms. Barclay asked that the park be advertised in tourism brochures, as well as on the Municipal website. She stated that the park - 2 - General Purpose and Administration Committee Minutes January 10, 2011 should be available all year round. Ms. Barclay stated that the goal is to alleviate some of the issues and traffic in other parks which exists today. Their Committee (consisting of three members) recently learned of the off-leash proposal in Newcastle and while they support that initiative, they remain committed to an off-leash park in the south end of Bowmanville. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING Subject: (a) Applications to Amend the Zoning By-law, Amend Official Plan, Proposed Draft Plan of Subdivision Applicant: Headgate Group Inc. Report: PSD-001-11 Anne Taylor Scott, Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. Libby Racansky spoke in opposition to the application. She made a verbal and PowerPoint presentation. She stated that she is an immediate neighbour to the subject lands. Ms. Racansky noted that this application is an example of developers planning for sprawl. She is concerned about: creating landlocked properties; well interference; setbacks; and the impact on environmentally sensitive lands. Ms. Racansky stated that the developer purchased the lands in 2004 knowing that these issues existed. She showed the newspaper article describing how Ms. Racansky lost her drinking water for 30 days, due to flooding and changes to sensitive lands which also impacts the water table. Ms. Racansky discussed a diagram showing normal aquifer systems as well as the subject aquifer system. She showed maps and photos of the area, in particular, the tributaries, which shows flooding. Ms. Racansky showed photos of the “Headgate School” property which showed existing trees which would be removed in the proposed development. She also discussed photos of her own property demonstrating the impact on the development edge properties. Ms. Racansky stated that it is important to keep as many trees as possible for the environment and the community. She provided photos of groundwater and rainwater issues. Ms. Racansky stated that she is very concerned about the drainage, which she demonstrated with photos of existing drainage problems. She asked that the Committee help her to create a livable, safe neighbourhood. No one spoke in support of the application. - 3 - General Purpose and Administration Committee Minutes January 10, 2011 PLANNING SERVICES DEPARTMENT APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT 18 SINGLE DETACHED RESIDENTIAL UNITS APPLICANT: HEADGATE GROUP INC. Resolution #GPA-002-10 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD-001-11 be received; THAT the applications to amend the Clarington Official Plan (COPA 2009-0005) and Zoning By-law 84-63 (ZBA 2009-0021) and for a proposed Draft Plan of Subdivision (S-C-2009-001) continue to be processed in the context of a broader review of the Hancock Neighbourhood Design Plan, including the preparation of a subsequent report considering all agency comments and comments received at the Public Meeting; and THAT all interested parties listed in Report PSD-001-11 and any delegation be advised of Council’s decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 16, 2010 Resolution #GPA-003-10 Moved by Councillor Woo, seconded by Councillor Partner THAT Report PSD-002-11 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on December 16, 2010 for applications A2010-0040 and A2010-0043, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED - 4 - General Purpose and Administration Committee Minutes January 10, 2011 ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-004-10 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD-003-11 be received; and THAT any interested parties listed in Report PSD-003-11 be notified of Council’s decision. CARRIED BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-005-10 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report PSD-004-11 be received; and THAT any interested parties to Report PSD-004-11 be notified of Council’s decision. CARRIED NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE Resolution #GPA-006-10 Moved by Councillor Partner, seconded by Councillor Woo THAT Report PSD-005-11 be received; and THAT all interested parties listed in this Report PSD-005-11 and any delegations be advised of Council’s decision. CARRIED COURTICE COMMUNITY IMPROVEMENT UPDATE Resolution #GPA-007-10 Moved by Mayor Foster, seconded by Councillor Neal THAT Report PSD-006-11 be received; and - 5 - General Purpose and Administration Committee Minutes January 10, 2011 THAT all interested parties listed in Report PSD-006-11 and any delegations be advised of Council’s decision. CARRIED ENVIRONMENTAL STEWARDSHIP 2009 PROGRAM UPDATE Resolution #GPA-008-10 Moved by Councillor Hooper, seconded by Councillor Traill THAT Report PSD-007-11 be received; and THAT any interested parties listed in Report PSD-007-11 be notified of Council’s decision. CARRIED Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT INFRASTRUCTURE STIMULUS FUND, ISF 2036, CONCESSION ROAD 6 REHABILITATION Resolution #GPA-009-10 Moved by Councillor Novak, seconded by Councillor Neal THAT Report EGD-001-11 be received; THAT the Municipality is committed to the completion of the Concession Road 6 Rehabilitation as funded by Building Canada Fund, Infrastructure Stimulus Fund; THAT the Municipality will continue to contribute the municipal share for all eligible costs for this project incurred after March 31, 2011; THAT the Municipality will be solely responsible for any costs incurred for this project after October 31, 2011; and THAT the Mayor and Clerk be authorized, upon approval of the extension request, to execute the amended contribution agreement. CARRIED - 6 - General Purpose and Administration Committee Minutes January 10, 2011 ROBINSON RIDGE SUBDIVISION PHASE 2, COURTICE, PLAN 40M-2113, ‘CERTIFICATE OF ACCEPTANCE’ AND ‘ASSUMPTION BY-LAWS’, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-010-10 Moved by Councillor Neal, seconded by Mayor Foster THAT Report EGD-002-11 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-2113; and THAT Council approve the by-laws attached to Report EGD-002-11, assuming certain streets within Plan 40M-2113 as public highways. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORTS FOR – SEPT., OCT., & NOV. 2010 Resolution #GPA-011-10 Moved by Councillor Novak, seconded by Mayor Foster THAT Report ESD-001-11 be received for information. CARRIED Councillor Neal chaired this portion of the meeting. - 7 - General Purpose and Administration Committee Minutes January 10, 2011 COMMUNITY SERVICES DEPARTMENT INFRASTRUCTURE STIMULUS PROJECT – DEADLINE EXTENSION Resolution #GPA-012-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CSD-001-11 be received; THAT the Municipality remains committed to the completion of the Garnet B. Rickard Recreation Complex Energy Retrofit Project as funded by Building Canada Fund, Communities Component – Intake 2; THAT the Municipality will continue to contribute the municipal share for all eligible costs for this project incurred after March 31, 2011; THAT the Municipality will be solely responsible for any costs incurred for this project after October 31, 2011; and THAT the Mayor and Clerk be authorized, upon approval of the extension request, to execute the amended contribution agreement. CARRIED Mr. Caruana, Director of the Community Services Department, announced that this week is “Customer Appreciation Week” within the Community Services facilities. He encouraged everyone to check the schedule for events and activities. Councillor Partner chaired this portion of the meeting. CLERK’S DEPARTMENT PROPOSED FENCE CONSTRUCTION COST SHARE BY-LAW Resolution #GPA-013-10 Moved by Councillor Novak, seconded by Mayor Foster THAT Report CLD-001-11 be received; and THAT the By-law to provide for the apportionment of costs of Division Fences attached to Report CLD-001-11, as Attachment 1, be approved. MOTION TABLED (See following motion) - 8 - General Purpose and Administration Committee Minutes January 10, 2011 Resolution #GPA-014-10 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report CLD-001-11 be tabled until the Council meeting of January 17, 2011. CARRIED ACCESSIBILITY INITIATIVES UNDERTAKEN FOR 2010 MUNICIPAL ELECTIONS Resolution #GPA-015-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CLD-002-11 be received; and THAT a copy of Report CLD-002-11 be forwarded to Elections Ontario, Elections Canada, and the Ministry of Municipal Affairs and Housing. CARRIED APPOINTMENT TO NEWCASTLE VILLAGE COMMUNITY HALL BOARD Resolution #GPA-016-10 Moved by Councillor Woo, seconded by Mayor Foster THAT Report CLD-003-11 be received; THAT the following three applicants be appointed to the Newcastle Village Community Hall Board for a two-year term: a. Sierd de Jong b. Peter de Jong c. Linda Franssen ; and THAT all interested parties listed in Report CLD-003-11 be advised of Council’s decision. CARRIED Mayor Foster chaired this portion of the meeting. - 9 - General Purpose and Administration Committee Minutes January 10, 2011 CORPORATE SERVICES DEPARTMENT C2010-116, CO-OPERATIVE TENDER ASPHALT REGISTRY Resolution #GPA-017-10 Moved by Councillor Traill, seconded by Councillor Novak THAT Report COD-001-11 be received; THAT Miller Paving Limited, with a total bid price of $14,103.94 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of hot mix, meeting all terms, conditions and specifications of Tender C2010-116, be awarded the Asphalt Hot Mix Registry for the Municipality of Clarington’s requirements; THAT Innovative Surface Solutions, with a total bid price of $182,369.18 (net of H.S.T. Rebate), being the lowest responsible bidder for delivery of high performance cold mix, meeting all terms, conditions and specifications of Tender C2010-116, be awarded the Asphalt High Performance Cold Mix Registry for the Municipality of Clarington’s requirements; THAT the funds in the amount of $14,103.94 expended for hot mix be drawn from the Department of Operations, 2011 current budget various operating accounts; THAT the funds in the amount of $175,000.00 expended for high performance cold mix be drawn from the Department of Operations, 2011 Current Budget Pavement Patch account 100-36-381-10255-7112; and THAT the remaining funds in the amount of $7,369.18 expended for high performance cold mix be drawn from the Department of Operations, 2011 current budget various operating accounts. CARRIED COUNCIL COMPREHENSIVE COMPENSATION BY-LAW FOR THE TERM OF COUNCIL 2011 TO 2014; CONFIRMING 1/3 TAX FREE ALLOWANCE, AND UPDATING THE GENERAL PROVISIONS Resolution #GPA-018-10 Moved by Councillor Novak, seconded by Councillor Traill THAT Report COD-002-11 be received; - 10 - General Purpose and Administration Committee Minutes January 10, 2011 THAT Council approve the update to the general provision of the Comprehensive Compensation By-law as set out in attachment #1 to Report COD-002-11, and to confirm the continued application of the one-third tax free allowance as provided for in the Municipal Act; and THAT By-law 2007-097 be repealed. CARRIED FINANCE DEPARTMENT 2010 ACCRUAL BASED BUDGET FOR PSAB PER ONT REG 284/09 Resolution #GPA-019-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report FND-001-11 be received; and THAT Report FND-001-11 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001. CARRIED SOLICITOR’S DEPARTMENT The Solicitor’s Department reports were considered under the Confidential Reports section, later in the meeting. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS SHARON BARCLAY DELEGATION REGARDING AN OFF-LEASH DOG PARK Resolution #GPA-020-10 Moved by Councillor Traill, seconded by Councillor Partner THAT the delegation of Sharon Barclay, regarding a request for an off-leash dog park, be forwarded to the Director of Engineering Services. CARRIED - 11 - General Purpose and Administration Committee Minutes January 10, 2011 OTHER BUSINESS MORATORIUM ON WIND DEVELOPMENT Resolution #GPA-020-10 Moved by Councillor Partner, seconded by Councillor Woo WHEREAS Council passed Resolution #C-005-10 endorsing the resolution of the City of Kawartha Lakes requesting that, in advance of the issuance of any permits and the commencement or continuance of any projects, that the appropriate Health Officials conduct a study for the adverse health effects now being experienced where windmill projects are fully operational to determine the possible adverse health effects, a full environmental study be done to determine the possible impact on the conservation areas and the Oak Ridges Moraine, and that an independent economic impact study be done to determine all related potential costs that will be incurred by the Municipality and the effect on property values in the affected areas; AND WHEREAS Council passed Resolution # C-337-10 seeking leave to intervene in the application, filed by Mr. Ian Hanna, for judicial review of Ontario Regulation 359/09 seeking a declaration that certain portions of it are invalid and an injunction restraining the Province from granting approvals under Parts IV and V of the Regulation with respect to wind facilities; AND WHEREAS in December 2010 John R. O’Toole, MPP Durham introduced the following petition to the Legislative Assembly of Ontario: THAT the Minister of the Environment revise the Green Energy Act to allow full public input and municipal approvals on all industrial wind farm developments and that a moratorium on wind development be declared until an independent, epidemiological study is completed into the health and environmental impacts of industrial wind turbines. NOW THEREFORE BE IT RESOLVED THAT The Council of the Municipality of Clarington endorses the petition of John R. O’Toole, MPP Durham requesting a moratorium on wind development. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. - 12 - General Purpose and Administration Committee Minutes January 10, 2011 CLOSED SESSION Resolution #GPA-021-10 Moved by Councillor Neal, seconded by Councillor Partner THAT the Committee recess for a 10 minute break; and THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting reconvene following the recess, in closed session for the purpose of discussing Confidential Report LGL-001-11, Host Community Agreement – Analysis of Implications, a matter which deals with the following: ? litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and ? a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 2:51 p.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. CONFIDENTIAL REPORTS HOST COMMUNITY AGREEMENT – ANALYSIS OF IMPLICATIONS Resolution #GPA-022-10 Moved by Councillor Neal, seconded by Councillor Woo THAT Confidential Report LGL-001-11 be received for information. CARRIED - 13 - General Purpose and Administration Committee Minutes January 10,2011 ADJOURNMENT Resolution #GPA-024-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT the meeti adjourn at 2:52 p.m. ,i~ CARRIED MAYOR D PUTY CL RK -14-