Loading...
HomeMy WebLinkAbout06/27/2011 General Purpose and Administration Committee Minutes June 27, 2011 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 27, 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 Facilities Manager, G. Acorn Municipal Solicitor, A. Allison arrived at 1:33 p.m. Manager, Transportation & Design, L. Benson arrived at 3:33 p.m. Director of Engineering Services, T. Cannella left at 3:33 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath (left at 4:32 p.m.) Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir (left at 4:32 p.m.) Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher (left at 4:32 p.m.) Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Neal indicated that he would be declaring an interest in Report PSD-058-11. ANNOUNCEMENTS Councillor Novak announced she, Councillor Woo, Councillor Hooper, and Councillor Partner attended the Clarington Board of Trade Annual Golf Tournament held on Tuesday, June 21, 2011 at the Newcastle Golf and Country Club. She also announced that she, Mayor Foster, Councillor Neal and Councillor Hooper attended the Veridian Corporation Annual General Meeting, in Ajax, on Friday, June 24, 2011. - 1 - General Purpose and Administration Committee Minutes June 27, 2011 Councillor Hooper announced that the annual Summerfest Sidewalk Sale took place th June 23-26, 2011. He noted that it was the 60 anniversary of the event. He attended the:  Walk a Mile in Her Shoes event, Durham's third annual Men's Walk Against Domestic Violence, on Saturday, June 25, 2011,  Annual Bowmanville Lions Duck Derby on Saturday, June 25, 2011, and  Annual North Shore Amateur Radio Club Field Day in Purple Woods on Sunday, June 26, 2011. Councillor Woo attended the following:  On Wednesday, June 22, 2011, he and Mayor Foster attended the Hampton rd Junior Public School’s 3 Annual Walk for Strong Kids Campaign to raise money to help send children to camp.  The Visual Arts Annual General Meeting on Wednesday, June 22, 2011. He extended the Board’s appreciation for the Council support, over the years, especially for being the recipient of the funds raised at the 2010 Mayor’s Golf Tournament. He also extended thanks to the Operations Department for their assistance during the washroom renovations.  The Canadian Cancer Society’s Relay for Life on Friday, June 24, 2011 along with Mayor Foster, Councillor Partner, and Councillor Hooper.  The Walk a Mile in Her Shoes event, Durham's third annual Men's Walk Against Domestic Violence, on Saturday, June 25, 2011, along with Mayor Foster and Councillor Hooper. Councillor Woo reminded everyone of the following “Concerts in the Park” series: Tuesday nights in Newcastle, Wednesday nights in Orono, Thursday nights in Bowmanville, and Sunday nights in Newtonville (at the Ina Brown Parkette). Councillor Traill attended a panel discussion on electoral reform, sponsored by the Durham Chapter of Fair Vote Canada on Tuesday, June 14, 2011, hosted by Ajax Mayor Steve Parish. Councillor Partner attended the Canadian Cancer Society’s Relay for Life on Friday, June 24, 2011 and the Annual Bowmanville Lions Duck Derby on Saturday, June 25, 2011. She reminded everyone of the upcoming Newtonville Concert in the Park series. Mayor Foster asked Councillor Hooper to convey Council’s thanks to the Bowmanville Business Improvement Association in appreciation for 60 years of Summerfest. He th attended the 16 Annual Bowmanville Lions Duck Derby on Saturday, June 25, 2011. Mayor Foster also attended the Nuclear Industrial Safety and Health Association (NISHA) Conference hosted by Ontario Power Generation (OPG). Mayor Foster welcomed the participants at the Darlington Info Centre on Wednesday, June 22, 2011. He congratulated OPG for 10 million hours without a lost time accident. He announced that the Ministry of Transportation will be hosting an Open House for the Highway 407 - 2 - General Purpose and Administration Committee Minutes June 27, 2011 East project at the Oshawa and District Shrine Club, located at 1626 Simcoe St. N., Oshawa on Wednesday, June 29, 2011 from 3:00 p.m. to 8:00 p.m. He noted that there will be a large number of events in Clarington to celebrate Canada Day. He urged everyone to check the website for events at www.clarington.net. MINUTES Resolution #GPA-456-11 Moved by Councillor Hooper, seconded by Councillor Woo THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on June 13, 2011, be approved. CARRIED PRESENTATIONS There were no presentations. DELEGATIONS Rick Roddy, President of the Union Rod and Gun Club, was present regarding Report CLD-017-11, amendments to Noise By-law. He introduced Paul Young, Range Operator, Union Rod and Gun Club. Mr. Roddy provided the Committee with the history of the Union Rod and Gun Club, beginning in 1938. He noted that the Club is a volunteer, non-profit organization with no more than 150 members, including young competition shooters. Mr. Roddy stated that the range is available to members who have successfully completed all safety programs. He informed the Committee that the Club is not certified for fully automatic firearms. Mr. Roddy stated that they have had a good relationship with the neighbours. He added that they have recently moved their target area and as a result will be performing work such as berms, plantings and sound absorption techniques to minimize the noise. Mr. Roddy stated that the Club will continue to strive to reduce the impact on the neighbours and he looks forward to their continued input. He added that he is seeking clarification regarding the indoor activities, as the current by-law is silent on the matter. Mr. Roddy confirmed that the Union Rod and Gun Club is below the current 70 decibel restriction. Jeremy Ross, area resident, was present on behalf of Karen McArthur, Allan Risebrough, Marlene Risebrough, Nancy Wilson, Jim Wilson, Sue Richards, and Lynne Richards, regarding Report CLD-017-11, amendments to Noise By-law. - 3 - General Purpose and Administration Committee Minutes June 27, 2011 Mr. Ross read excerpts from neighbours indicating the following concerns:  Enjoyment of life has been restricted by the Orono Fish and Gun Club  During the fall of 2010 a cannon was fired which shook the house  Children are scared of the noise  Residents retired to the area in a peaceful setting, not middle of a war zone. He referred to a Royal Canadian Mounted Police (RCMP) shooting range publication which indicates that valley locations are not recommended. Mr. Ross also referenced Ontario’s Environmental Protection Act which prohibits the discharge of a contaminant into the natural environment if the discharge causes or may cause an adverse affect. He informed the Committee that the neighbours cannot enjoy their property because it is too noisy to be outside. Mr. Ross stated that he is concerned about the health of his family. He noted that several health studies have indicated that sound creates a startled reflex where adrenaline is released, heart rate and blood pressure increases, the immune system is altered, and appetite is suppressed. In conclusion, Mr. Ross stated that the noise from the Orono Gun Club is too loud, too frequent, and needs to be regulated. Allan McArthur, area resident, was also present on behalf of Karen McArthur, Marlene Risebrough, Nancy Wilson, Jim Wilson, Sue Richards, and Lynne Richards, regarding Report CLD-017-11, amendments to noise by-law. Mr. McArthur stated that he is a real estate agent and that he believes that home sellers in the vicinity of the Orono Fish and Gun Club are receiving approximately 20% less for their home when selling. In addition, he indicated that it takes longer to sell a house in the area. Mr. McArthur read an excerpt of a letter from another realtor who had difficulty showing a home near the Orono Fish & Gun Club. He stated that the executive of the Club has not been reasonable and has not considered any changes. Mr. McArthur spoke to the RCMP study which indicated 50 dBAI is better than the 70 dBAI but grandfathered pre-1980 facilities. He questioned the 31 year grandfathering period. He asked Council to establish a clear noise level limit of 50 dBAI, to limit the days of the week to only 2 days per week (preferably not Sunday), and that shooting hours be restricted to 10:00 a.m. to st 6:00 p.m. Mr. McArthur noted that were 19 days of shooting between June 1 and June nd 22. He asked that the use of the Club be limited to members only. Mr. McArthur read comments from two neighbours indicating that their enjoyment of their property has been compromised by the shooting. Councillor Neal declared a pecuniary interest in Report PSD-058-11, including Mr. Mensink’s delegation, due to the fact that he has represented Mr. Veltri (the applicant) in the past. Councillor Neal left the room and did not participate in discussions and voting on this matter. - 4 - General Purpose and Administration Committee Minutes June 27, 2011 Nick Mensink, Sernas Associates, was present regarding Report PSD-058-11, Proposed Amendment to Conditions of Draft Approval Draft Approved Plan of Subdivision 18T-89048. He stated that he is in agreement with the recommendations in Report PSD-058-11 and was present to answer any questions from the Committee. Ron Alldred, President, Orono Fish and Hunt Club, was present regarding Report CLD-017-11, amendments to Noise By-law. Mr. Alldred was present to speak to the current list of complaints regarding the Orono Fish and Hunt Club. He stated that 11 years ago there were 350 members, now there are approximately 300 members. Mr. Alldred stated there has been no change in the calibre of ammunition used and that the curfew has been adhered to. He stated that the Club has tried to work toward solutions to reducing the noise, such as changing the ending time on Sunday to 5:00 pm from dusk. Mr. Alldred stated that he only recently heard about the report and today’s meeting. He explained that the Club could, and is willing to, create a sound berm along the east side of the property if the Municipality of Clarington would relinquish the unused road allowance and provide the necessary clean fill. He confirmed that the RCMP were using the range for qualifying in May and June on Monday, Tuesday, Thursday, and Friday. Recent sound tests indicate that they are near, or slightly over, the 70 dBAI level. He confirmed their Club has no caliber restrictions and recently shot off a canon, with cremated remains, in honour of a Club member. RECESS Resolution #GPA-457-11 Moved by Councillor Partner, seconded by Councillor Traill THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 11:17 a.m. DELEGATIONS - Continued Dianne Vetzal, local resident to the Union Rod & Gun Club, was present regarding Report CLD-017-11, amendments to Noise By-law. She stated that no one she has contacted is opposed to having the gun club in the neighbourhood, but they are concerned about the increased frequency in the noise. She stated that the noise is not coming from the gun club members, but a rather security team from the Ontario Power Generation who is using semi-automatic weapons on the Gun Club property. Ms. Vetzal stated that it is impossible to sit in her yard and have a conversation. She noted that the change is that there are now multiple shots fired close together. Ms. Vetzal is concerned about decreasing property values and is looking for a solution. She suggested that the security team train at a military base or that the Gun Club build an - 5 - General Purpose and Administration Committee Minutes June 27, 2011 indoor facility. Ms. Vetzal suggested that two days per month would be more appropriate than the15 days which occurred in May. She asked that the noise levels be investigated as the Union Club is registering 72 dBAI at the club and 70 dBAI at the neighbour’s next to the Club. She stated that her research shows 70 dBAI is the same level as normal conversation, but her experience has been that the noise is closer to that of “fireworks going off”. Ms. Vetzal believes this to be more of a commercial operation than a Club and requested that something be done to limit duration, frequency and length. Mike Box was present regarding Report CLD-017-11, amendments to Noise By-law. Mr. Box stated that he is a neighbour to the Union Rod & Gun Club. He noted that he purchased his house eight years ago and that he has no problem with the club shooting, but rather the additional days and noise from the OPG security team. He stated that he agrees with everything that Ms. Vetzal stated. He encouraged Council Members to attend his property to hear the noise. John Baker, President and Range Operator, the Marksmen Club, was present regarding Report CLD-017-11, amendments to Noise By-law. He informed the Committee that the Marksmen Club is an indoor facility, operating since 1960. Mr. Baker noted that it is open seven days a week, 24 hours a day. He stated that he believes that there may be a misunderstanding regarding gun club. Mr. Baker noted that there are federal guidelines, administrated by the Province of Ontario which the Club must meet. He added that all gun clubs are registered Ontario corporations, run by directors, and adhere to provincial and federal regulations. Mr. Baker explained that all members have a firearms possession and acquisition licence. Mr. Baker noted that during a recent inspection, he obtained a statement from the Municipality of Clarington indicating that the Club conforms to all the Municipal by-laws. He informed the Committee that he has recently discovered a 2007 Clarington by-law which would affect how the Club operates regarding their hours. Mr. Baker stated that, since the Marksmen Club is all indoors, it is different than the other Clarington clubs. He requested, since the Marksmen Club is a unique, all indoor facility which operates 7 days a week, 24 hours a day, that Section 3.1(c) of the draft by-law be deleted. As well, he requested that the 70 decibels restriction remain in effect. He confirmed that the Club has approximately 270 members. Dean Link had indicated, during the recess, that he could not stay any longer and was therefore unavailable to speak. Keith Linton’s name was called, but he was not present. - 6 - General Purpose and Administration Committee Minutes June 27, 2011 Tony Bernardo, representing Orono Fish and Hunt Club, and in his role as the Executive Director for the Institute of Legislative Action, a division of the Canadian Shooting Sports Association (CSSA), was present regarding Report CLD-017-11, amendments to Noise By-law. Mr. Bernardo stated that he is an accredited expert witness; course instructor; and advisor to the Minister of Public Safety’s Firearms Technical Committee, among other qualifications. He stated that he has been a member of the Orono Fish and Hunt Club for 30 years, and a Board Member. He stated that the Club has made an effort to be a good neighbour, with reduced rates and invitations to public gatherings at the clubs, donating funds to Orono, honouring soldiers, and other civic activities. Mr. Bernardo stated that the RCMP, Ministry of Natural Resources Bear Management Team, and CP Rail police use the facility. He noted that, during June, a vast majority of the shooting days were used by the RCMP. Mr. Bernardo stated that he believes this proposed by-law is an unwarranted attack on the Orono Fish and Hunt Club. He added that Section 1.0 of the proposed by-law represents little change to the Club’s activities and that changes could have been achieved by a request to the Club rather than through a by-law. Mr. Bernardo indicated that Section 1.1 of the proposed by-law does not state the circumstances in which the noise took place or contemplate noise changes with humidity and other conditions, and believes this to be harassment by the Municipality. Mr. Bernardo explained that the Club has been in existence since 1899 and therefore qualifies as a “traditional” activity under the by-law. He stated that the Club is regularly inspected and has been issued a federal license to operate and therefore the federal license supersedes a local by-law. Mr. Bernardo stated that the Club has met with Councillor Partner to discuss the unused road allowance with a view to having the Municipality transfer/sell the land in order to build a berm. He concluded by reminding the Committee that the noise from the impending 407 extension will drown the noise from the Club. Mr. Bernardo submitted a copy of case law indicating ultra vires. Resolution #GPA-458-11 Moved by Councillor Neal, seconded by Councillor Woo THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the matter a second time. CARRIED Councillor Novak chaired this portion of the meeting. Mayor Foster left the meeting at 12:28 p.m. Tammy Gould, area resident near the Orono Fish and Gun Club, was present regarding Report CLD-017-11, amendments to Noise By-law. Ms. Gould stated that she is a new (since August, 2010) resident to the area. She stated that the real estate sales agent informed her that the Gun Club only has shooting on Wednesdays and Sundays. She stated that she will be seeking legal action regarding overpayment of 20% of the - 7 - General Purpose and Administration Committee Minutes June 27, 2011 purchase price due to the impact of the Gun Club. She stated that she is concerned about the high amount of property taxes. Ms. Gould played a video, which included audio of the shooting range. Mayor Foster returned to the meeting at 12:34 p.m. and chaired this portion of the meeting. Ms. Gould indicated that the noise from the shooting range is causing (nervousness, weight loss, and anxiety) on her two dogs, which has resulted in one dog attacking the other dog. She indicated that this has cost $1000. Ms. Gould stated that she fears for the safety of her children around the dogs, as they have been affected by the sounds. She stated that this is an injustice that must be corrected. SUSPEND RULES Resolution #GPA-459-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to alter the agenda to consider the Municipal Clerks Department section of the agenda at this time. CARRIED CLERK’S DEPARTMENT AMENDMENTS TO NOISE BY-LAW Resolution #GPA-460-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report CLD-017-11 be tabled until the General Purpose and Administration meeting of July 11, 2011. MOTION LOST RECESS Resolution #GPA-461-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the Committee recess until 1:30 p.m.. CARRIED - 8 - General Purpose and Administration Committee Minutes June 27, 2011 The meeting resumed at 1:33 p.m. with Councillor Partner in the Chair. AMENDMENTS TO NOISE BY-LAW - Continued Resolution #GPA-462-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report CLD-017-11 be received; THAT the amendment to the Noise By-law attached to Report CLD-017-11 be forwarded to Council for approval; THAT the interested parties listed in Report CLD-017-11 be advised of Council’s actions; THAT the shooting clubs, area residents and staff communicate on how they can move forward on this matter to meet the limits as set forth in the proposed draft by-law in items 1, 2, and 3, with an effective date of November 1, 2011; and THAT reference to The Marksmen Gun Club, section 3.1(c) of the proposed by-law, be deleted. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) CLOSED SESSION Resolution #GPA-463-11 Moved by Councillor Neal, seconded by Mayor Foster THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of hearing the advice of the Municipal Solicitor regarding Report CLD-017-11, a matter that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 2:13 p.m. with Councillor Partner in the Chair. - 9 - General Purpose and Administration Committee Minutes June 27, 2011 Councillor Partner 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. AMENDMENTS TO NOISE BY-LAW - Continued The Committee continued deliberation of the motion #GPA-462-11. Resolution #GPA-464-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report CLD-017-11 be referred back to Staff for consultation with all stakeholder groups; THAT the necessary equipment be purchased and the sound levels be measured; and THAT Staff report back on a final by-law including the sound level results. MOTION LOST Resolution #GPA-465-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the foregoing Resolution #GPA-462-11 be amended by adding: “THAT Section 3.0 be deleted from the proposed by-law.”; and Deleting the reference to “3” in paragraph four. CARRIED Resolution #GPA-466-11 Moved by Councillor Traill, seconded by Councillor Neal THAT the foregoing resolution #GPA-462-11 be amended by adding the following three paragraphs to the end: “THAT Section 3.1.1 be deleted from the proposed by-law; THAT Staff conduct noise level testing; and - 10 - General Purpose and Administration Committee Minutes June 27, 2011 THAT staff be directed to report back, in early September, regarding the impact of the levels of 70 dBAI and 50 dBAI on the stakeholders.” MOTION LOST Resolution #GPA-467-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing resolution #GPA-462-11 be amended by adding: “THAT Section 2.0 be deleted from the proposed by-law.” MOTION LOST The foregoing resolution #GPA-462-11 was then put to a vote and carried as amended. Councillor Traill chaired this portion of the meeting. PUBLIC MEETING PUBLIC MEETING REGARDING AN INTENTION TO PROCEED WITH HIGHWAY CLOSING OF THE UNOPEN ROAD ALLOWANCE – LORD ELGIN STREET No one spoke in opposition. Jamie MacInnis, Principal, City Homes, spoke in support of the proposal, on behalf of the applicant. SUSPEND THE RULES Resolution #GPA-468-11 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Rules of Procedure be suspended. CARRIED - 11 - General Purpose and Administration Committee Minutes June 27, 2011 ALTER THE AGENDA Resolution #GPA-469-11 Moved by Councillor Novak, seconded by Councillor Partner THAT the agenda be altered to consider the Engineering Services Department items at this time. CARRIED ENGINEERING SERVICES DEPARTMENT LORNE YEO COURT SUBDIVISION, TYRONE, PLAN 40M-2365, ‘CERTIFICATE OF ACCEPTANCE’ AND ‘ASSUMPTION BY-LAW’, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-470-11 Moved by Councillor Neal, seconded by Mayor Foster THAT Report EGD-025-11 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-2365; and THAT Council approve the by-law attached to Report EGD-025-11, assuming a certain street within Plan 40M-2365 as public highway. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2011 Resolution #GPA-471-11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report EGD-026-11 be received for information. CARRIED - 12 - General Purpose and Administration Committee Minutes June 27, 2011 PROPOSAL TO CONVEY A PORTION OF AN UNOPEN ROAD ALLOWANCE (LORD ELGIN STREET) SITUATED IN LOT 12, CONCESSION 2, FORMER TOWN OF BOWMANVILLE Resolution #GPA-472-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Report EGD-027-11 be received; THAT the unopen road allowance (Lord Elgin Street) situated in Lot 12, Concession 2, former Town of Bowmanville, further identified as Part 2 on Plan 40R-26926 be stopped up and closed and that the road allowance be conveyed to 1825284 Ontario Limited (City Homes); THAT the applicants pay the appraised land value of $110,654.00 as well as all legal and other financial costs associated with the transaction; THAT Council pass the necessary by-laws to implement the recommendations of Report EGD-027-11; and THAT 1825284 Ontario Limited (City Homes) be advised of Council’s decision. CARRIED Councillor Novak chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT APPLICATION FOR REMOVAL OF HOLDING OWNER: PRESTONVALE DEVELOPMENTS INC. Resolution #GPA-473-11 Moved by Councillor Partner, seconded by Councillor Traill THAT Report PSD-057-11 be received; THAT the application submitted by D.G Biddle & Associates on behalf of Prestonvale Developments Inc. to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-057-11 to remove the Holding (H) symbol from Lots 1 to 74 (Phase 3) be passed and that the Region of Durham be forwarded a copy of Report PSD-057-11; - 13 - General Purpose and Administration Committee Minutes June 27, 2011 THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from Lots 1 to 58 (Phase 4) at such time as that phase of the Draft Approved Plan of Subdivision is registered and all Conditions of Draft Approval, financial or otherwise, have been satisfied; THAT said By-law be forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-057-11 and any delegations be advised of Council's decision. CARRIED PROPOSED AMENDMENT TO CONDITIONS OF DRAFT APPROVAL DRAFT APPROVED PLAN OF SUBDIVISION 18T-89048 OWNER: VELTRI & SONS LIMITED Councillor Neal declared a pecuniary interest in Report PSD-058-11 due to the fact that he has represented Mr. Veltri (the Applicant) in the past. Councillor Neal left the room and did not participate in discussions and voting on this matter. Resolution #GPA-474-11 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report PSD-058-11 be received; THAT the proposed Amendment to Conditions of Draft Approval for Draft Approved Plan of Subdivision 18T-89048 to delete the requirement for a pedestrian connection, as contained in Attachment 3 of Report PSD-058-11 be approved; and THAT the Region of Durham, Kawartha Pine Ridge District School Board, and the interested parties listed in Report PSD-058-11 be advised of Council’s decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING 41 OSBORNE ROAD, COURTICE APPLICANT: ONTARIO POWER GENERATION INC. Resolution #GPA-475-11 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report PSD-059-11 be received; - 14 - General Purpose and Administration Committee Minutes June 27, 2011 THAT the application submitted on behalf of Ontario Power Generation Inc. to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-059-11 to remove the Holding (H) Symbol be passed and a copy forwarded to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-059-11 and any delegations be advised of Council’s decision. CARRIED AUTHORIZATION TO EXECUTE SUBDIVISION AGREEMENT CLARET INVESTMENTS DRAFT APPROVED PLAN OF SUBDIVISION 18T-94027 Resolution #GPA-476-11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD-060-11 be received; and THAT the Mayor and Clerk be authorized to execute the Subdivision Agreement with the Owner of the lands subject to Draft Plan of Subdivision 18T-94027. CARRIED RECESS Resolution #GPA-477-11 Moved by Mayor Foster, seconded by Councillor Neal THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 3:33 p.m. Councillor Woo chaired this portion of the meeting. - 15 - General Purpose and Administration Committee Minutes June 27, 2011 OPERATIONS DEPARTMENT COMMUNITY GARDENS Resolution #GPA-478-11 Moved by Councillor Hooper, seconded by Councillor Traill THAT Report OPD-006-11 be received; THAT Council approve proceeding with a lease agreement for Community Gardens; THAT the Mayor and Clerk be authorized to execute the lease satisfactory to the Municipal Solicitor; and THAT all interested parties listed in Report OPD-006-11 be advised of Council’s decision. TABLED (See following motion) Resolution #GPA-479-11 Moved by Councillor Traill, seconded by Councillor Partner THAT Report OPD-006-11 be tabled until the General Purpose and Administration meeting of July 11, 2011. CARRIED 2011 WINTER BUDGET REPORT Resolution #GPA-480-11 Moved by Councillor Novak, seconded by Mayor Foster THAT Report OPD-008-11 be received for information. CARRIED - 16 - General Purpose and Administration Committee Minutes June 27, 2011 TENDER NO. CL2011-12, HIGH FLOAT RESURFACING REVISION Resolution #GPA-481-11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report OPD-010-11 be received; and THAT the additional capital funds required in the amount of $121,734.73 (net of H.S.T. Rebate) to complete the High Float Resurfacing Project be drawn from the unexpended funds remaining in the 2010 Operations Department Rural Road Resurfacing Budget Account #110-36-330-83680-7401. CARRIED Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT – MAY, 2011 Resolution #GPA-482-11 Moved by Councillor Neal, seconded by Councillor Novak THAT Report ESD-008-11 be received for information. CARRIED Councillor Neal chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT GRADE 5 ACTION PASS – FAMILY ENGAGEMENT STRATEGY Resolution #GPA-483-11 Moved by Mayor Foster, seconded by Councillor Woo THAT Report CSD-011-11 be received for information. CARRIED - 17 - General Purpose and Administration Committee Minutes June 27, 2011 SCHEDULE OF RATES AND FEES 2011/2012 – 2012/2013 Councillor Novak left the meeting at 3:54 p.m. Resolution #GPA-484-11 Moved by Mayor Foster, seconded by Councillor Partner THAT Report CSD-012-11 be received; and THAT Council approve the Rates and Fees Schedule (attached to Report CSD-012-11) for the two (2) year period, September 1, 2011 – August 31, 2013. CARRIED Mayor Foster chaired this portion of the meeting. CLERK’S DEPARTMENT Considered earlier in the Meeting, immediately following the Delegations. CORPORATE SERVICES DEPARTMENT CL2011-16, STEPHENSON ROAD, STRUCTURE REPLACEMENT Resolution #GPA-485-11 Moved by Councillor Woo, seconded by Councillor Partner THAT Report COD-021-11 be received; THAT Elirpa Construction & Materials Limited, Pickering, ON with a total bid in the amount of $371,282.31 (net HST rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011-16, be awarded the contract for the Stephenson Road Structure Replacement project; THAT the funds required in the amount of $474,000.00 (which includes $371,282.31 tender, design, contract administration, contingencies and net HST costs) be drawn from the Stephenson Road Structure Replacement Account # 110-32-330-83275-7401; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED - 18 - General Purpose and Administration Committee Minutes June 27, 2011 CL2011-19, LOVER’S LANE RECONSTRUCTION Resolution #GPA-486-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD-022-11 be received; THAT Bar-Quip Construction, Concord, ON with a total bid in the amount of $544,284.73 (Net of HST Rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2011-19, be awarded the contract for Lover’s Lane Reconstruction as required by the Engineering Department; THAT the funds for Clarington’s portion, required in the amount of $250,000.00 which includes $544,284.73 for Tender, design contract administration and contingencies and net HST less Regional of Durham costs, be drawn from the following account: Lover’s Lane Reconstruction Account # 110-32-330-83349-7401 Road Works & Storm Sewer $250,000.00 THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional Infrastructure; and THAT the Mayor and the Clerk be authorized to execute the necessary agreement. CARRIED ASO BENEFIT PROGRAM ANALYSIS Report COD-015-11 was considered at the General Purpose and Administration meeting of June 13, 2011 and tabled to this meeting. Resolution #GPA-487-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Report COD-015-11 be lifted from the table. CARRIED - 19 - General Purpose and Administration Committee Minutes June 27, 2011 The following resolution was now before the Committee. Resolution #GPA-432-11 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report COD-015-11 be received for information. CARRIED FINANCE DEPARTMENT 2010 AUDITED FINANCIAL STATEMENTS Councillor Novak returned to the meeting at 4:12 p.m. Resolution #GPA-488-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report FND-015-11 be received; and THAT the 2010 Draft Audited Financial Statements for the Municipality, its Trust Funds, the Clarington Public Library and the Business Improvement Areas be approved. CARRIED SOLICITOR’S DEPARTMENT The Solicitor’s Department report was considered under the Confidential Reports section, later in the meeting. CHIEF ADMINISTRATIVE OFFICER STAFFING IN THE OFFICE OF THE CAO Resolution #GPA-489-11 Moved by Councillor Woo, seconded by Councillor Novak THAT Report CAO-005-11 be received; and THAT approval be granted to fill the vacant position of Manager of Corporate Initiatives in the CAO office. CARRIED - 20 - General Purpose and Administration Committee Minutes June 27, 2011 ENVIRONMENTAL ASSESSMENT PEER REVIEW OPG REFURBISHMENT AT DARLINGTON NGS Resolution #GPA-490-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Report CAO-006-11 be received; and THAT the Mayor and Clerk be authorized to execute a confidentiality agreement with Ontario Power Generation as described in Report CAO-006-11. CARRIED UNFINISHED BUSINESS Report COD-015-11 was considered earlier in the Meeting during the Corporate Services Section. OTHER BUSINESS Mayor Foster reminded everyone that if Bethesda House raises $1000 during the “Walk a Mile in Her Shoes” campaign (extended until July 1, 2011) he will shave his beard. If they raise $1500, he will shave his beard and moustache. If they raise $2000 he will shave his beard, moustache and head. COMMUNICATIONS No items were considered in this portion of the agenda. CONFIDENTIAL REPORTS – CLOSED MEETING Resolution #GPA-491-11 Moved by Councillor Novak, 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 following matters:  Report FND-016-11, being a matter that deals with a proposed or pending acquisition or disposition of land by the municipality and is subject to solicitor- client privilege, including communications necessary for that purpose; and - 21 - General Purpose and Administration Committee Minutes June 27, 2011 • Report LGL-008-11, being a matter that is subject to solicitor-client privilege, including communications necessary for that purpose and that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. CARRIED RISE AND REPORT The meeting resumed in open session at 6:45 p.m. with Mayor Foster in the Chair. Mayor Foster advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed to provide direction to staff. ADJOURNMENT Resolution #GPA-492-11 Moved by Councillor Neal, seconded by Councillor Novak THAT the meeting adjourn at 6:45 p.m. CARRIED DE YCh14 - 22 -