HomeMy WebLinkAboutReport #1 12/19/2011 clarington
Leading the Way
REPORT #1
REPORT TO COUNCIL MEETING OF DECEMBER 19, 2011
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, DECEMBER 12, 2011
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) LGL-013-11 Confidential Report - Application for Expropriation of Lands
Necessary for the Reconstruction of a Portion of Elliott Road
(b) EGD-039-11 Monthly Report on Building Permit Activity for November,
2011
2. DELEGATION OF ROSEMARY MCCONKEY, REGARDING THE LOCAL LOOK
BACK PROJECT
THAT the delegation of Rosemary McConkey, regarding the Local Look Back
Project, be referred to Staff, in consultation with the appropriate groups, to report
back to the General Purpose and Administration Committee in January, 2012.
3. APPLICATION FOR A COMMON ELEMENTS PLAN OF CONDOMINIUM
APPLICANT: H&H PROPERTIES INC.
THAT Report PSD-096-11 be received;
THAT Council concurs with the decision of the Director of Planning Services to
issue Draft Approval of the proposed Plan of Condominium submitted by H & H
Properties Inc.;
THAT a copy of Report PSD-096-11 be forwarded to the Durham Region Planning
Department; and
THAT all interested parties listed in Report PSD-096-11 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
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Report #1 - 2 - December 19, 2011
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4. APPLICATION FOR EXPROPRIATION OF LANDS NECESSARY FOR THE
RECONSTRUCTION OF A PORTION OF ELLIOTT ROAD j
THAT Council authorize an application to be made to the Council of the
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Corporation of the Municipality of Clarington, as the approving authority under
subsection 4(1) of the Expropriations Act, for approval of the expropriation of the
following interests in land that are required to facilitate necessary upgrades to Elliott
Road:
(a) a temporary easement or right in the nature of a temporary easement
expiring on December 31, 2014 in, under, over, along and upon the
land shown as Parts 1 and 2 on Attachment 1 to Report PSD-097-11
for the purpose of entering upon and occupying the land with all
necessary machinery, equipment and material required for, or in
connection with, the reconstruction of Elliott Road and for the purpose
of installing temporary silt fencing and permanent fencing;
(b) a permanent easement or rights in the nature of a permanent easement
in, under, over, along and upon the land shown as Part 3 on
Attachment 1 to Report PSD-097-11 for the purpose of entering upon
and occupying the land with all necessary machinery, equipment and
material required for, or in connection with, the construction,
maintenance, alteration, inspection, repair and operation of stream
crossings and erosion protection works;
(c) a permanent easement or right in the nature of a permanent easement
in, under, over, along and upon the land shown as Part 4 on
Attachment 1 to Report PSD-097-11 for the purpose of entering upon
and occupying the land with all necessary machinery, equipment and
material required for, or in connection with, the construction,
maintenance, alteration, inspection and repair of a stream crossing;
THAT the Municipal Clerk be authorized to serve and publish a Notice of
Application for Approval to Expropriate Land as required by the Expropriations Act;
THAT the Municipal Clerk be authorized to forward to the Chief Inquiry Officer any
requests for a hearing of necessity that are received;
THAT staff be directed to represent the Municipality at any hearing of necessity;
THAT Council, as the approving authority under the Expropriations Act, approve
the expropriation of the interests in land described in Recommendation 1 of Report
PSD-097-11, provided there is no hearing of necessity; and
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Report #1 - 3 - December 19, 2011
THAT, if approval to expropriate is given, the Municipal Clerk and Mayor be
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authorized to take such steps as are necessary to vest in the Municipality the
interests in land described in Recommendation 1 of Report PSD-097-11, and
obtain possession.
5. APPLICATION FOR REMOVAL OF HOLDING
APPLICANT: WEST DIAMOND PROPERTIES INC. (METRUS)
THAT Report PSD-098-11 be received;
THAT the application submitted West Diamond Properties Inc. and Players
Business Park Ltd. to remove the Holding (H) symbol be approved;
THAT the By-law attached to Report PSD-098-11 to remove the Holding (H)
Symbol for lots to be transferred to Jeffery Homes identified on the schedule to the
By-law (Attachment 2 to Report PSD-098-11) be passed;
THAT a subsequent By-law attached to Report PSD-098-11 be forwarded to
Council to remove the Holding (H) Symbol on the balance of the lots to be
transferred to Brookfield Homes upon fulfillment of the balance of the terms and
conditions in the Subdivision Agreement; and
THAT a copy of the by-laws be forwarded to the Regional Municipality of Durham
and the Municipal Property Assessment Corporation (MPAC) and that all interested
parties listed in Report PSD-098-11 and any delegations be advised of Council's
decision.
6. APPLICATION FOR REMOVAL OF HOLDING AND FOR REMOVAL OF PART
LOT CONTROL BLOCKS 90, 91 AND 92 OF 40M-2364
CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED
THAT Report PSD-099-11 be received;
THAT the application submitted on behalf of Claret Investments Limited and
1361189 Ontario Limited to remove the Holding (H) symbol be approved;
THAT the By-law attached to Report PSD-099-11 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);
THAT the request for Removal of Part Lot Control with respect to Blocks 90, 91 and
92 of 40M-2364 be approved and that the By-law attached to Report PSD-099-11,
a Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning
Act;
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Report #1 - 4 - December 19, 2011
THAT a copy of Report PSD-099-11 with attachments and approved By-law for the
Removal of Part Lot Control be forwarded to the Region of Durham Planning
Department; and
THAT all interested parties listed in Report PSD-099-11 and any delegations be
advised of Council's decision.
7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF DECEMBER 1, 2011
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THAT Report PSD-100-11 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made on
December 1, 2011 for applications A2011-0039, A2011-0040, and A2011-0041;
and
THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment.
8. AMENDMENT TO FEES BY-LAW RELATED TO PLANNING AND
DEVELOPMENT APPLICATIONS
THAT Report PSD-101-11 be received;
THAT the By-law attached to Report PSD-101-11, being a By-law to require the
payment of fees for information and services provided by the Municipality of
Clarington be approved; and
THAT all interested parties to Report PSD-101-11 be advised of Council's decision.
9. DELEGATION OF AUTHORITY IN PLANNING SERVICES FUNCTIONS
THAT Report PSD-102-11 be received;
THAT Council pass a by-law to delegate to the Director of Planning Services the
following additional functions:
(a) the authority to execute agreements imposed or required in satisfaction
of any condition of approval under the Planning Act regarding the
development of land including plans of subdivision, plans of
condominium, land division, exemption from part lot control, site plans
and rezoning;
(b) the authority to approve releases from agreements where development
has not proceeded;
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Report #1 - 5 - December 19, 2011
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(c) the authority to refuse a planning application where the file has
remained inactive for more than one (1) year and only after the
applicant has been given 60 days written notice that the application will
be refused and has not responded or objected;
(d) the authority to approve draft plans of condominium where a public
meeting is not required in accordance with Section 9(10) of the
Condominium Act and Reg. 544/06 of the Planning Act;
(e) the authority to approve part lot control applications so that the by-law
would be presented directly to Council for adoption without debate;
THAT the Procedural By-law be amended to implement Sections 4.1 and 5.1 of
Report PSD-102-11; and
THAT the Region of Durham Planning Department and all interested parties to
Report PSD-102-11 be notified of Council's decision.
10. AMENDMENT TO SIGN BY-LAW 2009-123 AND DELEGATION OF AUTHORITY
FOR MINOR VARIANCES
THAT Report PSD-103-11 be received;
THAT the By-law to delegate authority to approve minor variances to the Sign By-
law to the Director of Planning Services and to amend the Sign By-law, as per
Attachment 1 to Report PSD-103-11 be approved;
THAT the power to approve minor variances to the Sign By-law, as detailed in the
amendment to the Sign By-law included in Attachment 1 to Report PSD-103-11, be
deemed by Council to be minor in nature; and
THAT all interested parties to Report PSD-103-11 be advised of Council's decision.
11. JOSEPH ATKINSON PARKETTE
THAT Report EGD-040-11 be received;
THAT the grounds surrounding the southwest side of the Newcastle Library be
named Joseph Atkinson Parkette;
THAT the grounds north of the library parking lot continue to be named Newcastle
Memorial Park; and
THAT all interested parties listed in Report EGD-040-11 be advised of Council's
decision.
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Report #1 - 6 - December 19, 2011
12. TOWING INDUSTRY REQUEST
THAT Report CLD-035-11 be received;
THAT the correspondence received from Glen Morrow of the Ontario Federation of
Independent Towers be received for information; and
THAT Mr. Morrow be advised of Council's action.
13. APPOINTMENT TO ORONO ARENA BOARD
THAT Report CLD-036-11 be received;
THAT the resignation of Raymond Best from the Orono Arena Board be received,
with regret, and that he be thanked for his contribution to the Board;
THAT Jackie Moore be appointed to the Orono Arena Board for a term concurrent
with Council; and
THAT all interested parties listed in Report CLD-036-11 be advised of Council's
decision.
14. SCHEDULE OF MEETINGS AMENDMENT
THAT Report CLD-037-11 be received;
THAT the schedule of meetings for the term of Council be amended as follows:
(a) THAT the Council meeting scheduled for July 9, 2012 be rescheduled
to Tuesday, July 3, 2012 at 7:00 p.m.;
(b) THAT the GPA meeting scheduled for July 16, 2012 and the Council
meeting scheduled for July 23, 2012 be cancelled;
(c) THAT the Council meeting scheduled for July 8, 2013 be rescheduled
to Tuesday, July 2, 2013 at 7:00 p.m.;
(d) THAT the GPA meeting scheduled for July 15, 2013 and the Council
meeting scheduled for July 22, 2013 be cancelled;
(e) THAT the GPA meeting scheduled for July 14, 2014 and the Council
meeting scheduled for July 21, 2014 be cancelled; and
THAT the Municipal Clerk provide appropriate notice of the amendments to the
meeting schedule.
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Report #1 - 7 - December 19, 2011
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15. RESPONSIBLE PET OWNERS BY-LAW — FEE SCHEDULE
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THAT Report CLD-038-11 be received;
THAT Council approve the proposed fee structure changes to be effective j
January 1, 2012;
THAT a lifetime for licensing fee for cats and dogs, in the amount of$80, be
approved;
THAT the draft amending by-law attached to Report CLD-038-11 be approved as
amended by adding a lifetime license category for cats and dogs in the amount of
$80; and
THAT all interested parties be advised of Council's decision.
16. PROPOSED NUISANCE BY-LAW
THAT Report LGL-012-11 be received;
THAT the By-law attached to Report LGL-012-11 be approved; and
THAT Inspector Chris Ostler of the Durham Regional Police Service be advised of
Council's decision.
17. PURCHASE OF A PRE-BUILT PUMPER
THAT Report COD-037-11 be received;
THAT Fort Garry Fire Trucks Limited, Winnipeg, Manitoba with a total bid in the
amount of $590,268.04 (Net of H.S.T. Rebate) be awarded the contract for the
supply and delivery of a 2012 Model 1250 GPM Spartan Gladiator Pumper
complete with equipment as required by the Emergency and Fire Services
Department; and
THAT the required funds be drawn from the Fire and Emergency Services
Department 2011 Capital Account # 110-28-388-82812-7401.
18. GREEN MUNICIPAL FUND APPLICATION FOR 173 BASELINE ROAD,
BOWMANVILLE
THAT Report FND-024-11 be received;
THAT staff submit an application for the feasibility studies and field tests grant
available in the Green Municipal Fund program offered by Federation of Canadian
Municipalities,
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Report #1 - 8 - December 19, 2011
THAT staff send a letter to the provincial government advising that the Municipality
of Clarington is submitting an application for a grant from the Green Municipal Fund
program offered by Federation of Canadian Municipalities; and
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THAT the funding for the updated supplemental environmental site assessment
phase 2 and if applicable, a updated phase 1 environmental site assessment ,
designated substance survey and partial site remediation be drawn from the rent
monies collected even if the municipality is unsuccessful in its Green Municipal
Fund grant application.
19. SPECIAL PROVINCIAL FUNDING TO COVER MUNICIPAL DEFICITS
WHEREAS the Municipal Act requires that municipalities operate on a balanced
budget;
AND WHEREAS all municipal councils face difficult decisions in the budget process
in balancing (i) the needs of their communities; and (ii) being fiscally responsible;
NOW THEREFORE BE IT RESOLVED THAT:
a) The Municipality write to the Premier of Ontario respectfully requesting
that if any municipality in Ontario receives special funding from the
Province to cover a budget deficit, that all local municipalities receive the
same per capita funding from the Province; and
b) That a copy of this resolution be forwarded to John O'Toole, MPP for
Durham, the Association of Municipalities of Ontario, and all municipalities
in Ontario requesting that they endorse this resolution.
20. REQUEST FOR PROVINCIAL REGULATIONS REGARDING COMMERCIAL
FILL OPERATIONS
WHEREAS municipalities are faced with requests from Commercial Fill Operators
to place fill in, for example, either previously undisturbed areas or expired gravel
extraction pits;
AND WHEREAS municipalities have limited resources and ability to regulate this
type of operation other than through zoning restrictions and agreements associated
predominantly with operational protocol;
AND WHEREAS the issue of soil quality of fill imported to a receiving site
potentially has a significant cross jurisdictional environmental impact that should be
elevated to the Provincial level through the Ministry of the Environment;
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Report #1 - 9 - December 19, 2011
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AND WHEREAS the Ministry of the Environment has established criteria for quality
of fill for Brownfield redevelopment but not for the importation and placement of fill
within, as an example, undisturbed areas or expired gravel extraction pits;
BE IT THEREFORE RESOLVED that the Province, through the Ministry of the
Environment, establish guidelines, regulations and a Provincially regulated
approval process to govern the quality of fill imported to a receiving site other than
for the purpose of Brownfield redevelopment;
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AND FURTHER, THAT the Clerk forward copies of this resolution to York-Simcoe
MPP, Julia Munroe, the Ministry of the Environment, the Association of
Municipalities of Ontario and all Ontario Municipalities for their consideration.
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