HomeMy WebLinkAboutReport #1 09/19/2011 clarington
Leading the Way
REPORT #1
REPORT TO COUNCIL MEETING OF SEPTEMBER 19, 2011
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, SEPTEMBER 12, 2011
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD-031-11 Monthly Report on Building Permit Activity for June, 2011
(b) EGD-032-11 Monthly Report on Building Permit Activity for July, 2011
(c) CLD-021-11 Hiring of Municipal Law Enforcement Officer
(d) COD-027-11 Contract Awards Council Recess
(e) FND-018-11 Financial Update as at June 30, 2011
2. INCLUDING PIGEONS IN THE EXOTIC PET BY-LAW
THAT pigeons and other birds be considered by the Municipal Clerk's Department
Staff as part of the overall review of the Exotic Pet By-law.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
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Report #1 - 2 - September 19, 2011
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3. TO REDESIGNATE THE PROPERTY TO PERMIT A MEDIUM DENSITY
RESIDENTIAL DEVELOPMENT
APPLICANT: 672003 ONTARIO LIMITED (ADALAN DEVELOPMENT
CORPORATION)
THAT Report PSD-067-11 be received;
THAT Staff continue to process the application to amend the Clarington Official
Plan COPA2011-0005, submitted by 672003 Ontario Limited (Adalan Development
Corporation); and
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THAT all interested parties listed in Report PSD-067-11 and any delegations be
advised of Council's decision.
4. TO PERMIT REZONING OF A FARM PROPERTY TO PROHIBIT RESIDENTIAL
USES
APPLICANT: STEPHEN SELBY
THAT Report PSD-068-11 be received;
THAT the application to amend Zoning By-law 84-63 to facilitate the severance of a
surplus farm dwelling be approved and that the attached Zoning By-law
Amendment (Attachment 1 to Report PSD-068-11) be adopted by Council;
THAT the Region of Durham and the Durham Region Land Division Committee be
forwarded a copy of Report PSD-068-11 and Council's decision; and
THAT all interested parties listed in Report PSD-068-11 and any delegations be
advised of Council's decision.
5. APPLICATION FOR REMOVAL OF HOLDING - 5720 SOLINA ROAD
APPLICANT: ARNOT WOTTEN
THAT Report PSD-069-11 be received;
THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol
be approved;
THAT the By-law attached to Report PSD-069-11, 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-069-11, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
Report #1 - 3 - September 19, 2011
6. APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN TO
EXTEND MUNICIPAL SERVICES TO THE PROPOSED DURHAM REGIONAL
POLICE SERVICE FACILITY
APPLICANT: REGIONAL MUNICIPALITY OF DURHAM
THAT Report PSD-070-11 be received;
THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington has no objections with the approval of application ROPA-2011-0004, by
the Region, provided that the Regional Municipality of Durham is satisfied that the
application demonstrates compliance with all relevant provincial policies;
THAT the Regional Municipality of Durham Planning Department be forwarded a
copy of Report PSD-070-11; and
THAT all interested parties listed in Report PSD-070-11 and any delegations be
advised of Council's decision.
7. PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT
COMMERCIAL USE
APPLICANT: NEWCASTLE (KING) DEVELOPMENTS INC.
THAT Report PSD-071-11 be received;
THAT the application to amend the Clarington Official Plan (COPA 2011-0002) for
a portion of the subject lands (45 North Street) from "Urban Residential" to "Village
Centre" and "Street Related Commercial Area" be adopted as Amendment No. 81
to the Clarington Official Plan as shown in Attachment 3 of Report PSD-071-11 and
the necessary By-law contained in Attachment 4 of Report PSD-071-11 be
approved;
THAT the application to amend Zoning By-law 84-63 (ZBA 2011-0007) as shown in
Attachment 5 of Report PSD-071-11 be approved as follows:
a) portion of the subject lands (37 and 45 North Street) from "Environmental
Protection (EP) Zone" and "Urban Residential Exception (R1-1) Zone" to
"General Commercial Exception (C1-57) Zone" be approved, with a "Holding
(H) Symbol;
b) a portion of the subject lands (80, 92 and 100 King Avenue West) from
"General Commercial Exception (C1-33) Zone" to "General Commercial
Exception (C1-57) Zone";
Report #1 - 4 - September 19, 2011
THAT the site plan approval require that the architectural facade of the building
proposed in Report PSD-071-11 contain transparent window glazing on King
Avenue and that the brick be historic rusty brown in colour in keeping with the
historical flavour of downtown Newcastle;
THAT a By-law lifting the Holding (H) Symbol be forwarded to Council once Site
Plan approval has been granted, permanent easements for a laneway to access
Mill Street have been granted, and the Municipality has received all required
financial securities; and
THAT all interested parties listed in Report PSD-071-11 and any delegations be
advised of Council's decision.
8. EXPIRY DATES FOR DRAFT APPROVAL OF PLANS OF SUBDIVISION
THAT Report PSD-072-11 be received;
THAT the Director of Planning be authorized to amend the conditions of Draft
Approval for applications 18T-87083, 18T-89007, 18T-90043, and 18T-95030 to
have a three year expiry date from the date of Council's decision; and
THAT the interested parties and delegations regarding each application dealt with
in Report PSD-072-11 be advised of Council's decision with respect to the
application.
9. APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 511060 ONTARIO LIMITED
THAT Report PSD-073-11 be received;
THAT the request for removal of Part Lot Control with respect to Lot 13 on Plan
40M-2094 be approved;
THAT the Part Lot Control By-law contained in Attachment 2 of PSD-073-11 be
passed pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-073-11 any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
Report #1 - 5 - September 19, 2011
10. ENVIRONMENTAL STEWARDSHIP
TREES FOR RURAL ROADS PROGRAM
THAT Report PSD-074-11 be received; and
THAT any interested parties listed in Report PSD-074-11 be notified of Council's
decision.
11. WATERFRONT LAND ACQUISITION
43 WEST BEACH ROAD, BOWMANVILLE
THAT Report PSD-075-11 be received;
THAT the property identified as 43 West Beach Road, Bowmanville, Ontario and
being more particularly described as Lot 26 and Part Lot 27, Plan 150, in the
Municipality of Clarington, Regional Municipality of Durham, for the purchase price
of Two Hundred and Sixty Five Thousand ($265,000.00) Dollars, subject to
adjustments;
THAT the funds for the purchase, and any associated costs, be charged to account
number 110-50-130-850002-7401 Land Acquisition Account;
THAT the Mayor and Clerk, on behalf of the Municipality, be authorized to execute
an Agreement to acquire the property;
THAT Staff be directed to take all necessary actions to complete the transaction;
and
THAT all interested parties listed in Report PSD-075-11 be notified of Council's
decision.
12. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF JULY 14 AND AUGUST 11, 2011
THAT Report PSD-076-11 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made on
July 14 for applications A2011-0026 and A2011-0027 and on August 11 for
application A2011-0028; and
THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment.
Report #1 - 6 - September 19, 2011
13. REFURBISHMENT AND CONTINUED OPERATION OF THE DARLINGTON
NUCLEAR GENERATING STATION MUNICIPALITY OF CLARINGTON
COMMENTS — DRAFT SCOPING INFORMATION DOCUMENT
THAT Report PSD-077-11 be received;
THAT Council endorse the comments on the Draft Scoping Information Document
for the Refurbishment and Continued Operation of the Darlington Nuclear
Generating Station as set out in the August 22, 2011 letter from the Director of
Planning Services to the Canadian Nuclear Safety Commission, being Attachment
3 to Report PSD-077-11; and
THAT a copy of Report PSD-077-11 and Council's decision be forwarded to the
Canadian Nuclear Safety Commission and Ontario Power Generation.
14. PORT GRANBY PROJECT - LICENSING HEARING BEFORE THE CANADIAN
NUCLEAR SAFETY COMMISSION, AND ROADS AGREEMENT WITH THE
GOVERNMENT OF CANADA
THAT Report PSD-078-11 be received;
THAT Council adopt the following resolution in support of the application by Atomic
Energy of Canada Limited for a licence from the Canadian Nuclear Safety
Commission to permit the construction of the Port Granby Project:
"WHEREAS the Port Granby Project has been underway since 2001 and
has been subject to a thorough Environmental Assessment process to
ensure that the Project can be undertaken safely;
AND WHEREAS on June 26, 2006, the Council of the Municipality of
Clarington endorsed a Preferred Option for the Port Granby Project and
consented to the submission of the Environmental Assessment Study Report
to federal decision makers for review;
AND WHEREAS on October 26, 2009, Council endorsed the findings of the
EA Screening Report which stated that the Port Granby Project is not likely
to result in significant adverse environmental effects provided that the
mitigation measures outlined in the Environmental Assessment Study Report
and the Screening Report are implemented;
AND WHEREAS Atomic Energy of Canada Limited has submitted an
application to the Canadian Nuclear Safety Commission for a Waste Nuclear
Safety Licence to permit the construction of the Port Granby Project;
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Report #1 - 7 - September 19, 2011
AND WHEREAS the Municipality's Peer Review Team has advised
Clarington Council that, based on its review of the detailed engineering
design and licensing documents for the Port Granby Project, the Team is
satisfied that the Project can proceed safely and with minimal environmental
effects and that appropriate measures will be implemented to ensure that the
health and safety and well-being of our residents will be protected
throughout the Project;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality
of Clarington supports the application by Atomic Energy of Canada Limited
for a Waste Nuclear Substance Licence to permit the construction of the Port
Granby Project";
THAT Staff be authorized to finalize the agreement with the Government of Canada
regarding the use by Canada of municipal roads for the Port Granby Project;
THAT the Mayor and Clerk be authorized to sign the agreement with the
Government of Canada once the agreement has been finalized to the satisfaction
of the Municipal Solicitor;
THAT a copy of Report PSD-078-11 and Council's decision be forwarded to the
Canadian Nuclear Safety Commission, the Port Hope Area Initiative Management
Office, and the Southeast Clarington Rate Payers Association; and
THAT all interested parties listed in Report PSD-078-11 and any delegations be
advised of Council's decision.
15. PROPOSAL TO CLOSE AND CONVEY PORTIONS OF A ROAD ALLOWANCE
SITUATED BETWEEN LOTS 32 AND 33, CONCESSION 7, FORMER
TOWNSHIP OF CLARKE
THAT Report EGD-033-11 be received;
THAT Council authorize the publication of a notice of application that the
Municipality intends to pass a by-law to close those parts of the road allowance
situated between Lots 32 and 33, Concession 7, Former Township of Clarke
(Attachment 1 of Report EGD-033-11), pursuant to section 34 of the Municipal Act
and By-Law No. 95-22;
THAT staff report back to Council with final recommendations and appropriate
by-laws;
THAT the applicant pay all legal, advertising, appraisal and land costs associated
with this transaction; and
Report #1 - 8 - September 19, 2011
THAT all interested parties listed in Report EGD-033-11 be advised of Council's
decision.
16. SENIOR CITIZENS AND THE PHYSICALLY DISABLED SIDEWALK AND
DRIVEWAY WINDROW SNOW CLEARING PROGRAM
THAT Report OPD-011-11 be received; and
THAT the fee for resident participation in the Senior Citizens And The Physically
Disabled Sidewalk And Driveway Windrow Snow Clearing Program remain at $60 +
HST per registered address.
17. RECOGNITION OF OVERSEAS SERVICE
THAT the Director of Operations prepare a report addressing the way the
Municipality of Clarington recognizes men and women from the municipality who
have served overseas; and
THAT the report be presented to the General Purpose and Administration
Committee within one month.
18. "NEXTGEN" — NEXT GENERATION COMMON COMMUNICATION PLATFORM
THAT Report ESD-013-11 be received for information;
THAT staff continue to support the NextGen - Next Generation Common
Communication Platform project;
THAT Council authorize the Clerk and Mayor to sign an agreement committing
Clarington to the Next Generation Common Communication Platform project; and
THAT all interested parties listed in Report ESD-013-11 be advised of Council's
decision.
19 2NDQUARTER PARKING REPORT
THAT Report CLD-022-11 be received; and
THAT all interested parties listed in Report CLD-022-11 be advised of Council's
decision.
Report #1 - 9 - September 19, 2011
20. ONTARIO WILDLIFE DAMAGE COMPENSATION PROGRAM
THAT Report CLD-023-11 be received; and
THAT a copy of Report CLD-023-11 be forwarded to the Agricultural Advisory
Committee for information.
21. RESULTS OF MEDIATION MEETING - SHOOTING CLUB NOISE
THAT Report CLD-024-11 be received;
THAT an expenditure not to exceed $5,800.00 be approved, the funds to come
from Account # 19-191-00000-7161 By-law Enforcement — Professional Fees, to
retain the services of Swallow Acoustic Consultants Ltd.; and
THAT all interested parties listed in Report CLD-024-11 be advised of Council's
decision.
22. EXEMPTION FROM EXOTIC PET BY-LAW— D&D'S EXOTICS
THAT the request from Debbie Grills, D&D's Exotics for an exemption from the
Exotic Pet By-Law for the "Celebrate Your Pet Day" Fundraiser event at the
Bowmanville Veterinarian Clinic on Saturday, October 1, 2011 be approved at the
Municipal Clerk's concurrence.
23. CL2011-27, ASPHALT RESURFACING, VARIOUS LOCATIONS
THAT Report COD-028-11 be received;
THAT Coco Paving Limited, Bowmanville, Ontario, with a total bid in the amount of
$422,743.92 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2011-27, be awarded the contract
for Asphalt Resurfacing, Various Locations, as required by the Engineering
Department;
THAT the additional funds in the amount of$17,000.00 required to complete the
Old Scugog Road resurfacing project be transferred from the 2011 Pavement
Rehabilitation Account to the Old Scugog Road Account;
THAT the additional funds for Nash Road and Concession Road 3 be funded from
the unexpended funds from the Mearns Avenue project;
Report #1 - 10 - September 19, 2011
THAT the funds required in the amount of $478,000.00 (i.e., which includes
$422,743.92'for tendering and a ten percent contingency amount and materials
testing and the Municipality's Net HST amount) be drawn from the following
Engineering Department Capital Budget Accounts:
110-32-330-83214-7401 - Nash Rd $100,000
110-32-330-83316-7401 - Old Scugog Rd. $52,000
110-32-330-83319-7401 - Conc. Rd. 3 $101,000
110-32-330-83208-7401 - Mearns Ave. $225,000
Total $478,000
THAT the Mayor and the Clerk be authorized to execute the necessary agreement.
24. PURCHASE OF A PRE-BUILT PUMPER
THAT Report COD-029-11 be received;
THAT the Purchasing Manager be authorized to negotiate a purchase price from
the three (3) fire truck manufacturers who responded to the Expression of Interest;
and
THAT a report to Council be provided summarizing the results of the negotiations
and providing a recommendation for the purchase of the selected unit.
25. PUBLICATION OF COUNCIL'S ACTIONS REGARDING THE ENERGY FROM
WASTE FACILITY
THAT the Mayor's Office and staff prepare for publication in the Orono Times and
Metroland newspaper, the actions taken by this Council regarding the Energy From
Waste Facility; and
THAT the funds to be taken from the budget set aside for the last edition of the
Clarington.net.
26. 2011/2012 INSURANCE PROGRAM
THAT Report FND-017-11 be received; and
THAT 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 and common self retention deductible levels for the period July 1, 2011
to June 30, 2012 at an approximate cost to Clarington of$782,564 be confirmed.
Report #1 - 11 - September 19, 2011
27. HONG LI ZHANG V. THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
THAT Resolution #CPGA-018-11 be ratified.
28. DURHAM CITIZENS LOBBY FOR ENVIRONMENTAL AWARENESS AND
RESPONSIBILITY V. THE REGIONAL MUNICIPALITY OF DURHAM ET AL
THAT the confidential Report LGL-009-11 be received; and
THAT the Municipal Solicitor be authorized to file a Notice of Appearance to
maintain a watching brief and preserve litigation options.
29. TEMPORARY USE REZONING APPLICATION
5105 MAIN STREET, ORONO
APPLICANTS: WES AND MARGARET KNAPP
APPEAL TO THE ONTARIO MUNICIPAL BOARD
THAT LGL-011-11 be received; and
THAT the Municipal Solicitor be directed to defend Council's position.