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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 I i Report #1 - 2 - December 19, 2011 i 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 i 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 i i I Report #1 - 3 - December 19, 2011 THAT, if approval to expropriate is given, the Municipal Clerk and Mayor be I 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; i I 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 i 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; i i i i Report #1 - 5 - December 19, 2011 i I (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. I 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. i Report #1 - 7 - December 19, 2011 I 15. RESPONSIBLE PET OWNERS BY-LAW — FEE SCHEDULE j 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, I I I 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 i 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; I i III Report #1 - 9 - December 19, 2011 I 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; I 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. i I I i i i