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REPORT TO COUNCIL MEETING OF JUNE 28, 2004
REPORT #1
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, JUNE 21, 2004
RECOMMENDATIONS:
1.
0
RECEIVE FOR INFORMATION
(a) Report PSD- 077 -04 —
(b) Report EGD -33 -04 —
(c) Report ESD- 010 -04 —
The Greenbelt Protection Act, 2004
Monthly Report on Building Permit Activity
for May, 2004
Monthly Response Report — May, 2004
FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION
(a) Report PSD- 079 -04 —
(b) Report COD - 039 -04 —
(c) Report COD - 041 -04 —
Application for Official Plan Amendment
within the Municipality of Port Hope
CL2004 -28, One (1) 6100 GVW
Drive Passenger Van
Tender CL2004 -11, Supply only of
Decorative Streetlights and Bollards,
Bowmanville
3. AMENDMENT TO THE MUNICIPALITY OF CLARINGTON ZONING
BY -LAW 84 -63 TO DELETE "COMMERCIAL KENNELS" FROM THE LIST
OF PERMITTED USES IN THE AGRICULTURAL (A) ZONE
THAT Report PSD- 070 -04 be received:
THAT provided that there are no significant issues raised in the Public
Meeting, the proposed Zoning By -law contained in Attachment 1 to Report
PSD- 070 -04, be passed;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Report #1 - 2 - June 28, 2004
THAT the Region of Durham Planning Department be forwarded a copy of
Report PSD- 070 -04 and Council's decision; and
THAT the interested parties listed in Report PSD- 070 -04 be advised of
Council's decision.
4. PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT A PRIVATE
ELEMENTARY SCHOOL
APPLICANT: DURHAM CHRISTIAN ACADEMY
THAT Report PSD- 071 -04 be received;
THAT the application submitted by Durham Christian Academy be referred
back to Staff for further processing and the preparation of a further report
following the receipt of all outstanding agency comments; and
THAT all interested parties listed in Report PSD- 071 -04 and any delegations
be advised of Council's decision.
5. REZONING APPLICATION TO PERMIT AN EXPANSION OF THE MEDICAL
CLINIC
PROPONENTS: BOWMANVILLE PROFESSIONAL BUILDING INC.
THAT Report PSD- 072 -04 be received;
THAT the rezoning applications submitted by Bowmanville Professional
Building Inc. to permit the expansion of the medical clinic be referred back to
staff for further processing; and
THAT all interested parties listed in Report PSD- 072 -04 and any delegations
be advised of Council's decision.
6. REZONING APPLICATION TO PERMIT A LIGHT INDUSTRIAL USE
PROPONENTS: 1524103 ONTARIO LTD.
THAT Report PSD- 073 -04 be received;
THAT the rezoning applications submitted by 1524103 Ontario Ltd. to permit
the establishment of a light development be referred back to staff for further
processing; and
THAT all interested parties listed in Report PSD- 073 -04 and any delegations
be advised of Council's decision.
Report #1 - 3 - June 28, 2004
7. REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH
REDUCED PARKING AND LOADING STANDARDS
APPLICANT: VIVECA RUPA
THAT Report PSD- 074 -04 be received;
THAT the application submitted by Viveca Rupa be referred back to Staff for
further processing and the preparation of a further report following the receipt
of all outstanding agency comments; and
THAT all interested parties listed in Report PSD- 074 -04 and any delegations
be advised of Council's decision.
8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF JUNE 10, 2004
THAT Report PSD- 075 -04 be received; and
THAT Council concur with the decision of the Committee of Adjustment made
on June 10, 2004 for applications A2004/017 and A2004/018 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
9. DRAFT PLAN OF CONDOMINIUM APPLICATION
APPLICANT: ASPEN HEIGHTS II LTD.
THAT Report PSD- 076 -04 be received;
THAT the Draft Plan of Condominium application, submitted by Aspen Heights
I I Ltd., be approved and that the Director of Planning Services be authorized to
issue Draft Approval, subject to the conditions as contained in Attachment 3 to
Report PSD- 076 -04;
THAT a copy of Report PSD- 078 -04 be forwarded to the Region of Durham
Planning Department; and
THAT all interested parties listed in Report PSD- 076 -04 and any delegations
be advised of Council's decision.
10. OAK RIDGES MORAINE CONFORMITY AMENDMENTS TO
CLARINGTONOFFICIAL PLAN
THAT Report PSD- 078 -04 be received;
THAT as Amendment No. 33 and No. 34 to the Clarington Official Plan have
not been substantially changed from that which was presented at the statutory
public meeting and as such there is not the need for a second public meeting;
Report #1
- 4 - June 28, 2004
THAT Amendment No. 33 to the Clarington Official Plan, integrating the
policies of the Oak Ridges Moraine Conservation Plan, (COPA 2003 -007) be
adopted as contained in Attachment 1 to Report PSD- 078 -04, that the
necessary by -law be passed and further that the amendment be forwarded to
the Minister of Municipal Affairs and Housing for approval in accordance with
the Oak Ridges Moraine Conservation Act;
THAT Amendment No. 34 to the Clarington Official Plan, incorporating
strategic and land use policies for lands outside of the Oak Ridges Moraine,
(COPA 2003 -008) be adopted as contained in Attachment 2 to Report PSD -
078-04, that the necessary by -law be passed and further that the amendment
be forwarded to the Region of Durham for approval;
THAT the Minister be requested to revise the limit of the Oak Ridges Moraine
in accordance with OMB order O 910036, S 900044 and Z 90131 as identified
in Attachment 3 to Report PSD- 078 -04;
THAT the "Notice of Adoption" for Amendment No. 33 and Amendment No. 34
be sent to the Conservation Authorities, the Region of Durham, adjacent
municipalities and the Ministry of Municipal Affairs and Housing and all
persons or public bodies who requested notification of this decision;
THAT the Minister of Municipal Affairs and Housing be requested to grant a 9
month extension under the Oak Ridges Moraine Conservation Act to the
Municipality of Clarington to provide additional time to complete the necessary
amendments to the Clarington Zoning By -law to incorporate the requirements
of Conservation Plan;
THAT the Ministry of Municipal Affairs and Housing, the Region of Durham
and the Conservation Authorities be forwarded a copy of Report PSD- 078 -04
and Council's decision; and
THAT all interested parties listed in Report PSD- 078 -04 and any delegation be
advised of Council's decision.
11. REZONING APPLICATION
APPLICANT: 1317946 ONTARIO LTD.
THE WALTZING WEAZEL — 1437 HIGHWAY 2, COURTICE
THAT Report PSD- 080 -04 be received;
THAT the application submitted by 1317946 Ontario Ltd. to permit a parking lot
expansion and motor vehicle laneway access be approved with a Holding
symbol on the motor vehicle laneway access, and that the By -law attached to
Report PSD- 080 -04 as Attachment #2, be passed; and
Report #1
- 5 - June 28, 2004
THAT all interested parties listed in Report PSD- 080 -04 and any delegations
be advised of Council's decision.
12. AMENDMENT TO DRAFT APPROVED PLAN 18T -87085 TO PERMIT THE
DEVELOPMENT OF 74 RESIDENTIAL UNITS
APPLICANT: MAPLE WOODS LAND CORPORATION
THAT Report PSD- 081 -04 be received;
THAT the amendment to Draft Approved Plan of Subdivision 18T- 87085,
submitted by Maple Woods Land Corporation be approved as shown on
Attachment #3, subject to conditions contained in Attachment #4 to Report
PS D- 081 -04;
THAT all interested parties listed in Report PSD- 081 -04 and any delegations
be advised of Council's decision.
13. HIGHWAY 407 EAST COMPLETION — COMMENTS ON THE DRAFT
TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT
THAT Report PSD- 082 -04 be received;
THAT Staff Report PSD- 082 -04 be adopted as the Municipality of Clarington's
comments on the Draft Terms of Reference for the Highway 407 East
Completion Environmental Assessment; and
THAT a copy of Report PSD- 082 -04 and Council's resolution be forwarded to
Totten Sims Hubicki Associates, the Ontario Ministry of Transportation, the
Region of Durham, the Highway 407 Advisory Committee, the Clarington
Agricultural Advisory Committee, and interested parties.
14. APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: WASTE MANAGEMENT OF CANADA CORPORATION
PART LOTS 25 & 26, CONCESSION B.F., FORMER TOWNSHIP OF
DARLINGTON
THAT Report PSD- 083 -04 be received;
THAT the application submitted by Waste Management of Canada
Corporation to remove the Holding (H) symbol be approved and that the
By -law attached to Report PSD- 083 -04 to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD- 083 -04 and any delegations
be a vised of Council's decision.
Report #1
- 6 - June 28, 2004
15. AGREEMENT RENEWAL WITH ROGERS CABLE COMMUNICATIONS INC.
FOR THE OPERATION AND MAINTENANCE OF AN UNDERGROUND
CABLE ACROSS MUNICIPAL LANDS IN ORONO
THAT Report EGD -34 -04 be received; and
THAT a by -law be passed, authorizing the Mayor and Clerk to execute an
agreement with Rogers Cable Communications Inc. for the operation and
maintenance of an existing underground cable within Lot 21, Plan 693 in
Orono.
16. CLARINGTON /OSHAWA BOUNDARY ROAD AGREEMENT
CLARINGTON /SCUGOG BOUNDARY ROAD AGREEMENT
THAT Report EGD -35 -04 be received;
THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and the City of Oshawa;
THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and the Township of
Scugog;
THAT Council passed the appropriate by -laws confirming each of the
agreements; and
THAT the Municipality's solicitor register the agreements and the by -laws in
the proper Land Registry Office.
17. PROPOSED FRONT - ENDING AGREEMENT BETWEEN THE
MUNICIPALITY OF CLARINGTON AND THE PERSONS REFERRED TO IN
REPORT EGD -36 -04 AND THE PASSING OF AN AMENDMENT TO THE
DEVELOPMENT CHARGES BY -LAW, BY -LAW NO. 2000-108, AS
AMENDED
THAT Report EGD -36 -04 be received;
THAT Council approve the making of the Front - Ending Agreement between
the Municipality and Orchard Park Estates (Bowmanville) Inc.;
THAT Council pass a by -law to authorize the Mayor and the Municipal Clerk
on behalf of the Municipality of Clarington to execute the Front - Ending
Agreement referred to in Recommendation 2 to Report EGD- 36 -04;
THAT the term of the Front - Ending Agreement referred to in Report
EGD -36 -04 be 15 years; and
- 7 - June 28, 2004
THAT all interested parties listed in Report EGD -36 -04 and any delegations be
advised of Council's decision.
18. MIDDLE ROAD RECONSTRUCTION FROM 220 METRES NORTH OF
GOODWIN AVENUE, NORTHERLY FOR 200 METRES (BOWMANVILLE)
THAT Report EGD -37 -04 be received;
THAT the additional costs required for the reconstruction of Middle Road from
220 metres north of Goodwin Avenue, northerly for 200 metres, in lieu of the
reconstruction of Scugog Street, in the amount of $4,523.00 be funded from
the Roads Contribution Reserve Fund;
THAT Middle Road Developments Inc., be reimbursed for the costs of the
reconstruction of Middle Road from 220 metres north of Goodwin Avenue,
northerly for 200 metres, upon the issuance of a "Certificate of Completion" for
the works in accordance with the subdivision agreement between Middle Road
Developments Inc. and the Municipality of Clarington;
THAT the Purchasing By -law 94 -129 be waived to facilitate the construction
and reimbursement of the costs of the Middle Road works to Middle Road
Developments Inc.; and
THAT Middle Road Developments Inc. be notified of Council's decision.
19. HUNT STREET RECONSTRUCTION AND DUKE STREET
IMPROVEMENTS
THAT Report EGD -38 -04 be received;
THAT the Director of Engineering Services inform Council of the results of the
tender evaluation process once complete; and
THAT all who attended the two Public Information Centres and who have
contacted the Municipality be informed of Report EGD- 38 -04.
20. EMERGENCY MANAGEMENT PROGRAM BY -LAW
THAT Report ESD- 011 -04 be received;
THAT the By -law contained in Attachment 1 to Report ESD- 010 -04 be passed;
and
THAT Council adopt the Municipality of Clarington's Nuclear Emergency Plan
and Peacetime Plan presented to Council November 4, 2002 with Report
ESD- 022 -02.
Report #1 - 8 - June 28, 2004
21. SCHEDULE OF RATES AND FEES
September 1, 2004 — August 31, 2005
September 1, 2005 — August 31, 2006
September 1, 2006 — August 31, 2007
THAT Report CSD -09 -04 be received; and
THAT Council approve the attached Rates and Fees Schedule for the three (3)
year period, September 1, 2004 to August 31, 2007.
22. SANTA CLAUS PARADE COMMITTEE
THAT Report CLD -21 -04 be received;
THAT the Santa Claus Parade Committee be accepted as a Committee of
Council;
THAT Councillor Trim be appointed as Council's liaison to the Santa Claus
Committee; and
THAT the Santa Claus Parade Committee and the municipality's insurers be
advised of Council's decision.
23. PRIVATE PARKING ENFORCEMENT
THAT Report CLD -22 -04 be received;
THAT the by -laws attached to Report CLD -22 -04 to appoint parking
enforcement officers for private property be forwarded to Council for approval;
and
THAT Howard Jones, Beth Sullivan, Alpesh Patel, Tabitha Cochrane, Jill
Jacqueline McMurter, Valiant Property Management and Securitas Canada
Ltd. be advised of Council's actions.
24. CL2004 -8, ONE (1) 16,000 GVW CAB & CHASIS,
c/w BODY WITH HOIST & TOOL COMPARTMENT
THAT Report COD - 036 -04 be received;
THAT Donway Ford Sales, Scarborough, Ontario with a total bid in the amount
of $55,968.84 (Including PST), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2004 -8, be awarded the
contract to supply One (1) 16,000 GVW Cab & Chassis, c/w Body with Hoist
&Tool Compartment, as required by the Municipality of Clarington, Operations
Department; and
Report #1 - 9 - June 28, 2004
THAT the funds be provided from the 2004 Operations Vehicle /Heavy
Equipment Account #110 -36- 388 - 83650 -7401.
25. CL2004_ -9, ONE (1) HYDRAULIC EXCAVATOR
THAT Report COD - 037 -04 be received;
THAT Amaco Construction Equipment Inc., Mississauga, Ontario, with a total
bid in the amount of $335,880.00 (including PST and trade -in), being the
lowest responsible bidder meeting all terms, conditions and specifications of
Tender CL2004 -9, be awarded the contract to supply One (1) Hydraulic
Excavator, as required by the Municipality of Clarington, Operations
Department; and
THAT the funds be provided from the 2004 Operations Equipment Reserve
Account #110 -36- 388 - 83642 -7401.
26. CL2004 -5, ONE (1) 60,000 GVW TANDEM DIESEL DUMP c/w
PLOW EQUIPMENT
THAT Report COD - 038 -04 be received;
THAT Winslow - Gerolamy Motors, Peterborough, Ontario, with a total bid in the
amount of $160,198.56 (including PST and trade -in), being the lowest
responsible bidder meeting all terms, conditions and specifications of Tender
CL2004 -5, be awarded the contract to supply One (1) 60,000 GVW Tandem
Diesel Dump c/w Plow Equipment, as required by the Municipality of
Clarington, Operations Department; and
THAT the funds be provided from the 2004 Capital Operations Vehicle /Heavy
Equipment Account #110 -36- 388 - 83643 -7401.
27. CL2004 -27, BOWMANVILLE CREEK EROSION PROTECTION, LIVE CRIB
WALL CONSTRUCTION
THAT Report COD - 040 -04 be received;
THAT Dynex Construction Ltd., Concord, Ontario with a total bid in the amount
of $63,798.85 (Excluding G.S.T. = $4,465.92), being the lowest responsible
bidder meeting all terms, conditions, and specifications of Tender CL2004 -27,
be awarded the contact for the Bowmanville Creek Erosion Protection, Live
Crib Wall Construction as required by the Engineering Department;
THAT the total funds required in the amount of $80,000.00 ($63,798.85 tender
plus contingencies, consulting and net GST) be drawn from Engineering
Capital Account 110 -32- 330 - 83234 -7401; and
Report #1
_10- June 28, 2004
THAT the By -law attached to Report COD - 040 -04 marked Schedule "A"
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
28. CASH ACTIVITY — FIRST QUARTER OF 2004
THAT Report FND- 013 -04 be received;
THAT in accordance with provision of Chapter 25, Section 286 of the
Municipal Act, S.O. 2001, the Treasurer reports the cash position of the
Municipality of Clarington for the first quarter of the year 2004, as shown on
the schedule attached to Report FND- 013 -04; and
THAT Part "A" of the expenditures for the first quarter of the year be
confirmed.
29. 2004 /2005 INSURANCE PROGRAM
THAT Report FND- 014 -04 be received; and
THAT the Director of Finance /Treasurer be authorized to finalize 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,
common self retention deductible levels, and related stop loss aggregate
premium limits for the period July 1, 2004 to June 30, 2005 at an approximate
cost to Clarington of $456,281.00.
30. 2004 MUNICIPAL COMPETITIVENESS STUDY
THAT Report FND - 015 -04 be received; and
THAT the Municipality of Clarington participate in the 2004 Municpal
Competitiveness Study by BMA Management Consulting Inc. at an
approximate cost of $2,000.
31. REZOING APPLICATION TO PERMIT CONVENIENCE STORE
APPLICANT: GOLD FARM /MUTT ENTERPRISES LIMITED
THAT Report PSD- 065 -04 be received;
THAT the application submitted by Suncor Energy Products Inc. on behalf of
Gold Farm /Mutt Enterprises Limited to permit the redevelopment of a gas
station with a convenience store be approved;
THAT the By -law contained in Attachment 3 in Report PSD- 065 -04 be passed
and a copy forwarded to the Regional Municipality of Durham; and
Report #1
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THAT all interested parties listed in Report PSD -65 -04 and any delegations be
advised of Council's decision.
32. ACTIONS TAKEN AT THE "CLOSED" MEETING
THAT the actions taken at the "closed" meeting be ratified.