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Energizing Ontario
REPORT #1
REPORT TO COUNCIL MEETING OF APRIL 26, 2010
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, APRIL 19, 2010
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD-014-10 Monthly Report on Building Permit Activity for March, 2010
(b) CSD-003-10 Fragrance Free Recreation Facilities
(c) FND-008-10 Report on Revenue Sensitive to Economic Conditions -
January to March 2010
2. OFFER OF COMPENSATION TO COTTAGE OWNERS RESPECTING THE
EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE
WATERFRONT DISTRICT PARK
THAT Report PSD-050-10 be adopted;
THAT Council approve the offer of settlement set out in the letter from Faye
Langmaid to Chuck MacDonald and Gary Cole dated March 12, 2010 (Attachment
1 to Report PSD-050-10) and accepted by the cottage owners listed in Schedule 1
as set out in their consent (Attachment 8 to Report PSD-050-10);
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1 - 2 - April 26, 2010
THAT the Municipality's solicitor be authorized to:
(i) prepare a Memorandum of Understanding (MOU) between the
Municipality and the cottage owners listed in Schedule 1 to Report
PSD-050-10 containing provisions necessary to give effect to the offer
of settlement referred to in paragraph 2, and
(ii) protect the Municipality's interests as considered to be appropriate by
the Director of Planning Services, and to prepare the leases and other
documents to implement the Memorandum of Understanding;
THAT Council pass a by-law (Attachment 9 to Report PSD-050-10) to authorize the
Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute
the Memorandum of Understanding and the leases and documents necessary to
implement the intent of Report PSD-050-10 as referred to in Recommendation 3;
provided that the Municipality is satisfied that the cottages are fit for habitation and
in compliance with health, safety, housing and maintenance standards;
THAT subject to the execution of the Memorandum of Understanding referred to in
Recommendation 3, the Municipal Clerk be authorized to withdraw the applications
to the Landlord and Tenant Board under the Residential Tenancies Act, 2006 to
terminate the tenancies of the cottage owners who have executed the
Memorandum of Understanding;
THAT the Director of Planning Services be authorized to continue discussion-with
the owners of the cottage on Lot 17 on Plan 345 regarding settlement of
compensation for all claims under the Expropriations Act. and/or arrangements
respecting the relocation of the cottages to other lands and report back at a later
date;
THAT the Director of Planning Services continue to pursue the notice of termination
of the owner of the cottage on Lot 17 on Plan 345 under the Residential Tenancies
Act, 2006 unless a settlement is reached in advance of the hearing;
THAT the Director of Operations be authorized to demolish the buildings and
structures previously owned by the Port Darlington Harbour Company (the
structures on all -other lots except those listed in Report PSD-050-10);
THAT the Director of Planning Services, the Municipality's Solicitor, the Municipal
Clerk, the Director of Operations and the Director. of Engineering Services be
authorized to take all necessary actions to implement the intent of Report PSD-050-
10, the Memorandum of Understanding referred to in Recommendation 3 and
leases and other documents necessary to implement the MOU; and
THAT all interested parties be notified of Council's decision.
Report #1 - 3 - April 26, 2010
3. PORT GRANBY PROJECT REPORT OF THE END USE ADVISORY
COMMITTEE
THAT Report PSD-051-10 be received;
THAT the Report of the Port Granby Project End Use Advisory Committee be
received with thanks and endorsed;
THAT Frances Brooks and Luanne Hill be thanked for their work in preparing the
End Use Report;
THAT the Port Hope Area Initiative Management Office and Natural Resources
Canada be requested to initiate discussions with the Municipality of Clarington, the
Municipality of Port Hope and the Ganaraska Region Conservation Authority with
respect to the implementation of the Full Concept prepared by the End Use
Committee, including the ownership and management of the subject lands;
THAT a copy of Report PSD-051-10 and Council's decision be forwarded to the
Port Hope Area Initiative Management Office, Natural Resources Canada, the
Municipality of Port Hope, the Ganaraska Region Conservation Authority, Frances
Brooks, Luanne Hill, and the Southeast Clarington Residents Association; and
THAT all interested parties listed in Report PSD-051-10 and any delegations be
advised of Council's decision.
4. APPEAL OF ZONING BY-LAW AMENDMENT
APPLICANT: GREEN MARTIN HOLDINGS LTD.
THAT Report PSD-052-10 be received; and
THAT all interested parties listed in Report PSD-052-10 and any delegations be
advised of Council's decision.
5. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 8, 2010
THAT Report PSD-053-10 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
April 8, 2010 for applications A2010-0007 through A2010-0014, and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of
the Committee of Adjustment.
Report #1 - 4 - April 26, 2010
6. SALE OF SURPLUS PROPERTY -182, 186, 190, 194 GEORGE REYNOLDS
DRIVE, FORMER TRUCES ROAD FIRE STATION SITE
THAT Report PSD-054-10 be received;
THAT a By-law be passed to confirm and ratify the realty services agreement
between the Municipality of Clarington and Ryan Realty Services Ltd.;
THAT a By-law be passed to ratify and confirm the Agreement of Purchase and
Sale between the Municipality and 1529250 Ontario Inc., including the payment of
commission to Ryan Realty Services Ltd. as provided in the Agreement on its
completion;
THAT a By-law be passed to authorize the sale and transfer of the lands identified
as Parts 2, 3, 4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former
Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice;
THAT the net proceeds from the sale of the surplus properties be deposited into the
Municipal Acquisition Reserve;
THAT staff and the Municipality's Solicitor be authorized to take all necessary
actions to complete the transaction; and
THAT all interested partied in Report PSD-054-10 be notified of Council's decision.
7. EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH
DEPARTMENT TO DELEGATE.RESPONSIBILITY FOR ADMINISTRATION AND
ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS
THAT Report EGD-011-10 be received;
THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation
of the Municipality of Clarington, the agreement with the Regional Municipality of
Durham attached to Report EGD-011-10, as Attachment.#1, for the administration
of the Building Code Act and the Ontario Building Code, as it relates to the
enforcement of small capacity sewage systems;
THAT the by-law attached to Report EGD-011-10, as Attachment #4, be approved
by Council; and
THAT a copy of Report EGD-011-10, Council's resolution and the by-law be
forwarded to the Regional Municipality of Durham.
Report #1 - 5 - April 26, 2010
8. JANE STREET ROAD RECONSTRUCTION & FLETT STREET PAVEMENT
REHABILITATION -PUBLIC INFORMATION CENTRE
THAT Report EGD-015-10 be received;
THAT Staff proceed to finalize the detail design and tender based on the
information received at the Public Information Centre to meet the summer 2010
construction start schedule; and
THAT all those who attended the Public Information Centre and who have
contacted the Municipality as interested parties be informed of this Report.
9. COMMUNITY GRANT REQUEST - ORONO AMATEUR ATHLETIC
ASSOCIATION
THAT Report CSD-004-10 be received;
THAT Council approve the grant request submitted by the Orono Amateur Athletic
Association under the Community Grant Program, in the amount of $2500; and
THAT the Orono Amateur Athletic Association be advised of Council's decision.
10. COMMUNITY GRANT REQUEST -NEWCASTLE SANTA CLAUS PARADE
THAT Report CSD-005-10 be received;
THAT Council approve-the grant request submitted by the Newcastle Santa Claus
Parade under the Community Grant Program, in the amount of $2500; and
THAT Martha Hendrikx, President, Newcastle Santa Claus Parade be advised of
Council's decision.
11. TENDER CL2010-12 -SUPPLY & DELIVERY OF ONE (1) HYDRAULIC
EXCAVATOR
THAT Report COD-012-10 be received;
THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a
total bid in the amount of $307,622.88 (plus G.S.T.), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL2010-12, be
awarded the contract for Supply & Delivery of One (1) Hydraulic Excavator, as
required by the Municipality of Clarington, Operations Department; and
THAT the funds expended be drawn from the Operations Department 2010
Replacement of Fleet-Roads Account 110-36-388-83642-7401.
Report #1 - 6 - April 26, 2010
12. CLARINGTON.NET NEWSLETTERS
THAT Report COD-013-10 be received;
THAT the Clarington.net newsletter continue to be produced and distributed by the
Municipality of Clarington; and
THAT Metroland, Durham Region Media group be thanked for their proposal
submitted to the 2010 budget for consideration.
13. DREDGING - BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL
BOAT LAUNCHES (TABLED ON MARCH 29, 2010 GPA MEETING]
THAT Report PSD-042-10 be received;
THAT the CAO be requested to prepare a report, within four weeks, on the further
opportunities and logistics regarding the cost recovery of dredging, installation of a
gate, and activating of the parking meter. at the municipal boat launch in
Bowmanville; and
THAT all interested parties listed in Report PSD-042-10 and any delegations be
advised of Council's decision.
14. PRESENTATION OF CHRISTINE FAHEY REGARDING THE PORT GRANBY
END USE PLAN
THAT the presentation of Christine Fahey be received with thanks.
15. PRESENTATION REGARDING NEW LOOK OF MUNICIPAL WEBSITE
THAT the presentation of Adam Labijak and Jennifer Cooke, regarding the new
look of the municipal website, be received with thanks.
16. INSURANCE AS IT RELATES TO THE CONCEPT OF "JOINT AND SEVERAL
LIABILITY"
WHEREAS the AMO Municipal Liability Reform Working Group has presented its
paper on joint and several liability reform to the Attorney General's Office;
WHEREAS the joint and several provisions of the Negligence Act, indicate, "Where
damages have been caused or contributed to by the fault or neglect of two or more
persons...and, where two or more persons are found at fault or negligent, they are
jointly and severally liable to the person suffering the loss or damage...";
Report #1 - 7 - April 26, 2010
WHEREAS the paper highlights how municipalities have become the targets of
litigation when other defendants fail to have the means to pay high damage awards
causing municipal insurance premiums and liability claims to continue to increase
dramatically, despite enormous improvements to safety including new standards for
roads, playgrounds, pool safety, better risk management practices, and the scaling
back of some services; and
WHEREAS municipalities should not be insurers of last resort and many other
common law jurisdictions have better approaches and others are pursuing liability
reform,
NOW THEREFORE BE fT RESOLVED THAT the Council of the Municipality of
Clarington calls on the Government of Ontario to reform joint and several liability
with a particular regard for the impact it has on property taxpayers and their
communities; and
THAT Matthew Wilson, Senior Policy Advisor for the Association of Municipalities of
Ontario, MPP John O'Toole, and Chris Bentley, the Attorney General for Ontario be
forwarded a copy of this resolution.
17. PUBLIC INFORMATION SESSION FOR THE REGION OF DURHAM'S
PROPOSED WASTE MANAGEMENT BY-LAW
THAT the Municipality of Clarington request that the Region of Durham arrange for
an additional public information session, regarding the Region of Durham's
proposed waste management by-law, to be held at the Newcastle Recreation
Complex in a format similar to the one held on April 15, 2010 at the Courtice
Community Complex.