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HomeMy WebLinkAbout02/06/2012 mull LwAq dv r General Purpose and Administration Committee Minutes February 6, 2012 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 6, 2012 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 Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher 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-011-12 and the delegations relating to Report PSD-011-12. Later in the meeting, under the Solicitor's Department section of the Agenda, Councillor Neal also declared an interest in a matter regarding the status of a legal matter regarding Durham Clear. - 1 - General Purpose and Administration Committee Minutes February 6, 2012 ANNOUNCEMENTS Councillor Partner announced the following: • She had attended the Gift of Art Speakers Series in Newcastle with Dave Gibson as the speaker on Wednesday, February 1, 2012. She noted that he spoke about Gibson Orchards. • Karen Lowery will be the next speaker in the Gift of Art Speakers Series on Wednesday, February 8, 2012, regarding "Winter Health — Dealing with Colds and Flu — holistic approaches to dealing with winter ailments". • There will be a benefit dance for the Colville family at the Orono Arena featuring the Charles Street Band on Friday, February 10, 2012. • On Sunday, February 12, 2012, pianist Cheryl Duvall and violinist Andrew Sords will be playing with the Bowmanville High School Auditorium with the Clarington Concert Band. The theme will be "Around the World in 80 Minutes: Music from Here, There and Everywhere". Councillor Woo announced the following: • A Blood Donor Clinic is scheduled for Tuesday, February 7, 2012 at the Newcastle Community Hall between 3:30 p.m. and 7:30 p.m. • A Public Information Centre will be held at the Newcastle Community Hall on Thursday, February 9, 2012, regarding the proposal for two underpasses on Highway 401. Councillor Hooper announced the following: • February is Heart and Stroke Month. He urged everyone to give generously. • The Clarington Older Adults Association will be hosting a Showcase of Arts, Thursday, February 9, 2012 at 7:00 p.m. • The Clarington Public Library has a program every Tuesday, starting February 7, 2012, called "Ready to Read Workshop". • On Saturday, February 18, 2012, the Newcastle Library Branch will be hosting the 9t" Annual Winter WonderLearn. Councillor Hooper congratulated the Association of Hospital Volunteers for their successful "Taste of Italy" night on Saturday, February 4, 2012. Councillor Neal announced that he attended the Rotary Euchre night on Saturday, February 4, 2012. Councillor Novak attended the Darlington Community Advisory Committee meeting regarding the Deep Geologic Repository Project on January 31, 2012. She also attended the Association of Hospital Volunteers "Taste of Italy" night on Saturday, February 4, 2012. - 2 - General Purpose and Administration Committee Minutes February 6, 2012 Mayor Foster announced the ribbon cutting to celebrate the grand opening of the Cafe Bistro held in Newcastle on Saturday, February 11, 2012. He also noted that the Heart and Stroke Association is need volunteers for canvassing this month. MINUTES Resolution #GPA-089-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on January 23, 2012, be approved. CARRIED Resolution #GPA-090-12 Moved by Councillor Woo, seconded by Councillor Partner THAT the minutes of the Special General Purpose and Administration Committee held on January 27, 2012, be approved, with the following changes: a) Correct the seconder in Resolution #GPA-052-12, on Page 8, to Councillor Traill; and b) Clarify by adding the following to the end of Resolution #GPA-064-12 on page 12: being 50% of the full salary, with the position fully funded in 2013." CARRIED Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Proposed Amendment 77 to the Clarington Official Plan Applicant: Municipality of Clarington Report: PSD-008-12 Lisa Backus, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. - 3 - General Purpose and Administration Committee Minutes February 6, 2012 John Stephenson spoke in opposition to the application. He noted that he had previously submitted comments to the Planning Services Department in September, 2010. Mr. Stephenson noted that there are some sentences in the document which are grammatically incorrect. He stated that the elements in this document should be compatible with the future planning, as the document is intended to be used through to 2031. In particular, Mr. Stephenson was concerned about the forecasted energy shortages, including fuel and electricity. He stated that he is concerned with the Darlington New Build, which has not yet begun to be built. Mr. Stephenson suggested that there is a possibility that Darlington New Build may not happen. He added that there are planned long term shut downs at Darlington during the period between now and 2031. Mr. Stephenson suggested that the buildings mentioned in this document should be focussed on being more energy efficient. He added that there should be more emphasis on residential density and reducing the amount of land used for parking as he suggests that there will be a decrease in car use an increase in bicycle use. Mr. Stephenson stated that he is concerned that the Municipality is not supporting employment areas being located near the residential areas in order to adopt the policy of "work where you live". Mr. Stephenson also stated that he is concerned about the use of drive-thru locations which will increase fuel usage. He concluded that he is concerned about the overuse of the word "sustainable" in the document without it being defined. Don Kirkup, a real estate agent representing Brian Decunha, spoke in opposition to the application. He made a verbal presentation to accompany a handout of maps which he provided. Mr. Kirkup stated that the cost of land in Clarington has been steadily increasing. He stated that he is concerned about Section 5.2.7 of Report PSD-009-12 and whether this plan proposes to remove the "future urban residential" designation or whether it is planned to refer the subject lands to the Region of Durham. Mr. Kirkup indicated that he had met with the planning staff several months ago. He informed the Committee that the Community Centre on Prestonvale Street will not be adequately sized to handle an increased number of residents. Mr. Kirkup stated that his client's proposed land use is for a medical facility, and gas station, among other uses geared to services for seniors. He explained the advantages of his client's proposal. Mr. Kirkup concluded that he is concerned about sustainability and economic viability. He stated that he is concerned about the Provincial and Federal cutbacks to transfer payments to municipalities. Mr. Kirkup added that he is concerned about the studies required to complete the Official Plan Review will have the affect of adding 10% - 15% to the cost of the new homes in Clarington. He noted that he is still optimistic that Clarington will become the fastest growing municipality in the Province. Adam Thompson, Novatech Engineering Consulting Ltd., representing the Ontario Restaurant Hotel Motel Association, spoke in opposition to the application. He stated that Novatech has previously submitted written comments. Mr. Thompson stated that the current policies relating to drive-thru restaurants focus on town village centres. He added that he is concerned about the proposal to move these policies to apply to all - 4 - General Purpose and Administration Committee Minutes February 6, 2012 areas of Clarington, not just the town centres. Mr. Thompson asked that the policy only apply to the town centres. He noted that there are policies in the Official Plan related to the "Town Centre" designations which prohibit drive-thru facilities from specific lands. Mr. Thompson stated that Official Plans are not intended to be used as a tool to prohibit specific land uses, but rather that zoning by-laws should be used for this type of regulation. He stated that he is concerned, in particular, with Section 10.4.7 of the Official Plan. Mr. Thompson suggested that the language be changed in this section to incorporate a "No.....but" policy as has been done in other municipalities. James Bujak was present on behalf of 1521285 Ontario Limited and 2086607 Ontario Limited (Baywood Homes), in relation to their holdings in northeast Bowmanville, and spoke in opposition to the application. He stated that over the lengthy duration of the planning process, he has provided many comments regarding the existing Official Plan and proposed Official Plan Amendments. Mr. Bujak stated that, in 2010, Planning Services Staff had indicated that they were in support of the removal of the word "future" as part of the "future urban residential' designation as described in Section 5.2.7 of Report PSD-009-12. He informed the Committee that he was informed in late 2011 that Amendment No. 77 does not include the replacement of the "future" designation. Mr. Bujak asked that Council direct Staff to replace the "future urban residential" designation with secondary plan policies as they had originally planned in 2010. Greg Milosh, property owner, was present in opposition to the application. Mr. Milosh stated that he is concerned with Page 11 of Report PSD-009-12, under the Conclusion Section, which indicates that the policies are in conformity with the Region of Durham Official Plan. He explained that he is concerned that the Region will not be able to approve this amendment until the Region resolves their issues with the Province. Mr. Milosh asked when Clarington will have a new Official Plan. He added that he is in agreement with previous speakers where he asked that the "future urban residential areas" designation be removed. Sheila Wynberg was present as part of a group who owns property at Lambs Road and Concession Street, and spoke in opposition to the application. She stated that Planning Staff had indicated that her property was going to be designated as residential, but Report PSD-009-12 still indicates that it will remain "future urban residential". Grant Morris, Grant Morris Associates Ltd., was present representing Anna Ouyang, a Townline Road property owner, spoke in opposition to the application. He indicated that his client has owned the property for approximately 28 years and had previously requested that the lands be designated for development. Mr. Morris informed the Committee that the Planning Services Staff agreed with the request, but that the Region did not agree with the proposal because it would result in clusters of development. He stated that his client is concerned that the property is designated as Greenbelt and therefore cannot develop the property, even though the property does not have any natural land features. Mr. Morris asked that this property be designated as low density - 5 - General Purpose and Administration Committee Minutes February 6, 2012 residential or be deferred at this time. He informed the Committee that his client is making the same request to the Region regarding ROPA 128 and to the Province to have the lands removed from the Greenbelt area. Bryan Decunha, local developer, was present and spoke in opposition to the application. He noted that there are currently services available to his property and they could start building immediately, but he cannot because the land is currently designated as "future urban residential", which prohibits his development at this point. He asked that this designation be removed so that he can move ahead with his development. No one spoke in support of the application. RECESS Resolution #GPA-091-12 Moved by Mayor Foster, seconded by Councillor Neal THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 10:56 a.m. Mayor Foster chaired this portion of the meeting. DELEGATIONS Councillor Neal declared a pecuniary interest in the delegations regarding Report PSD-011-12, as his wife is a supporter of Durham Clear, to which Pam Callus belongs. Councillor Neal left the room and did not participate in discussions on these delegations. Pam Callus was present regarding Report PSD-011-12, Application to Amend the Clarington Official Plan and Zoning By-law 84-63 to Permit an Outdoor Recreational Vehicle (RV) Storage Business. Pam Callus provided the Committee with a history of their property, which is in the neighbourhood of the subject property. She noted that they were not in favour of the outdoor recreational vehicle storage business and was not aware, when they first began storing the vehicles, that it was illegal. Ms. Callus informed the Committee that she had later made a complaint regarding the business. Around that same time, a by-law prohibiting the parking of RV's in driveways in urban areas was enacted, thus necessitating storage facilities. Ms. Callus indicated that she objects to the RV storage designation in the neighbourhood, even though it is a temporary designation. She asked that permanent locations be established for RV storage facilities. - 6 - General Purpose and Administration Committee Minutes February 6, 2012 Tim and Sandra Kearns were present regarding Report PSD-011-12, Application to Amend the Clarington Official Plan and Zoning By-law 84-63 to Permit an Outdoor Recreational Vehicle Storage Business. Ms. Kearns outlined their plans for storage of 103 boats and RV's. She added that they have been running this business for 10 years and have only recently heard concerns from the neighbours. She informed the Committee that they have met with Staff and made adjustments to accommodate the concerns. Ms. Kearns stated that they are in support of the recommendations in Report PSD-011-12. Councillor Neal returned to the meeting at 11:13 a.m. Lou DeVuono was present regarding Report CSD-003-12, Heroes Highway Ride & Rally. He thanked Staff, Skip Crosby in particular, for their efforts to bring the ride and rally to Bowmanville. Mr. DeVuono informed the Committee that, due to recent developments and discussions with Durham Region Police Services, he has withdrawn his request to bring the ride and rally to Bowmanville. He explained that there is a similar bike event, "The Ride to Remember" in memory of the victims of the holocaust, which will take place on May 31, 2012 in Ottawa followed by a ride to Toronto which will include the Heroes Highway Ride & Rally (on June 2, 2012). Mr. DeVuono noted that this event will result in it being too large for Bowmanville. He asked Members of Council to join the ride on a bus which he is arranging. PRESENTATIONS There were no presentations. Councillor Novak chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT AMENDMENT 77 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN TO INCORPORATE THE REQUIREMENTS AND PERMISSIONS AFFORDED TO THE MUNICIPALITY AS A RESULT OF BILL 51, THE PLANNING CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006, PLACES TO GROW ACT, 2005, THE GREENBELT ACT, 2005, THE ONTARIO HERITAGE ACT AN D THE PROVINCIAL POLICY STATEMENT, 2005 Resolution #GPA-092-12 Moved by Councillor Woo, seconded by Mayor Foster THAT Report PSD-009-12 be received; - 7 - General Purpose and Administration Committee Minutes February 6, 2012 THAT Amendment 77 to the Clarington Official Plan be approved and that the by-law contained in Attachment 3 to Report PSD-009-12 be passed; THAT Amendment 77 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; THAT the Regional Municipality of Durham Planning Department be forwarded a copy of Report PSD-009-12; and THAT the interested parties list in Report PSD-009-12 and any delegations be advised of Council's decision. CARRIED LATER IN THE MEETING (See following motion) Resolution #GPA-093-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA-092-12 be amended by adding the following at the end: "THAT the Municipality endeavour to complete the Growth Management Policy within one year." MOTION LOST Resolution #GPA-092-12 was then put to a vote and carried. APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 84-63 TO PERMIT AN OUTDOOR RECREATIONAL VEHICLE STORAGE BUSINESS APPLICANT: TIMOTHY AND SANDRA KEARNS Councillor Neal declared a pecuniary interest in Report PSD-011-12, as his wife is a supporter of Durham Clear, to which Pam Callus belongs. Councillor Neal left the room and refrained from discussion and voting on this matter. Resolution #GPA-094-12 Moved by Councillor Partner, seconded by Councillor Woo THAT Report PSD-011-12 be received; THAT the Official Plan Amendment No. 83 as contained in Attachment 2 of Report PSD-011-12 be adopted and that the necessary by-law be passed; - 8 - General Purpose and Administration Committee Minutes February 6, 2012 THAT the application for a Zoning By-law Amendment submitted by Timothy and Sandra Kearns as contained in Attachment 3 of Report PSD-011-12 be approved; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-011-12 and Council's decision; and THAT all interested parties listed in Report PSD-011-12 and any delegations be advised of Council's decision. CARRIED Councillor Neal returned to the meeting at 12:33 p.m. Councillor Traill chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT HUNT STREET SUBDIVISION, BOWMANVILLE, PLAN 40M-2294, `CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAW', FINAL WORKS AND EXTERNAL ROAD ALLOWANCE WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-095-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report EGD-005-12 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works and External Road Allowance Works, which include final stage roads and other related Works, constructed within Plan 40M-2294 and external Hunt Street; and THAT Council approve the by-law attached to Report EGD-005-12, assuming certain streets within Plan 40M-2294 as public highways. CARRIED FLETT STREET RECONSTRUCTION, DUKE STREET REHABILITATION AND RECONSTRUCTION & NELSON STREET RECONSTRUCTION — PUBLIC INFORMATION CENTRE Resolution #GPA-096-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-006-12 be received; - 9 - General Purpose and Administration Committee Minutes February 6, 2012 THAT Staff proceed to finalize the detail design and tender based on the information received at the Public Information Centre to meet the summer 2012 construction start schedule, subject to Council approval of the Capital Budget; and THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be advised of Council's decision. CARRIED ROAD SAFETY AUDIT IN PREPARATION FOR THE HIGHWAY 407 PHASE 2 EXTENSION Resolution #GPA-097-12 Moved by Mayor Foster, seconded by Councillor Woo THAT the Director of Engineering be directed to undertake a safety audit as a Phase II of the Highway 407 extension impact review. CARRIED RECESS Resolution #GPA-098-12 Moved by Councillor Partner, seconded by Councillor Novak THAT the Committee recess for 45 minutes. CARRIED The meeting reconvened at 1:38 p.m. with Councillor Neal in the Chair. OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. EMERGENCY AND FIRE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. - 10 - General Purpose and Administration Committee Minutes February 6, 2012 COMMUNITY SERVICES DEPARTMENT COMMUNITY SERVICES — 2011 YEAR END REVIEW Resolution #GPA-099-12 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report CSD-002-12 be received for information. CARRIED HEROES HIGHWAY RIDE & RALLY Resolution #GPA-100-12 Moved by Councillor Novak, seconded by Mayor Foster THAT Report CSD-003-12 be received; and THAT Lou DeVuono be thanked for all his efforts regarding the Heroes Highway Ride & Rally. CARRIED Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT CLARINGTON OLDER ADULT CENTRE BOARD GOVERNING BY-LAW Resolution #GPA-101-12 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report CLD-004-12 be received; and THAT By-law#2001-215 be repealed. CARRIED - 11 - General Purpose and Administration Committee Minutes February 6, 2012 4t" QUARTER PARKING REPORT Resolution #GPA-102-12 Moved by Councillor Novak, seconded by Councillor Neal THAT Report CLD-005-12 be received; and THAT all interested parties listed in Report CLD-005-12 be advised of Council's decision. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT 2012-2014 PROVISIONS AFFECTING CUPE EMPLOYEES, NON-AFFILIATED EMPLOYEE GROUP, OTHER APPLICABLE EMPLOYMENT GROUPS, APPLICABLE BOARD AND COMMITTEE APPOINTED POSITIONS CLOSED SESSION Resolution #GPA-103-12 Moved by Councillor Neal, seconded by Councillor Traill THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Confidential Report COD-003-12, a matter which deals with labour relations or employee negotiations. CARRIED RISE AND REPORT The meeting resumed in open session at 2:01 p.m. with Mayor Foster in the Chair. Mayor Foster 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. - 12 - General Purpose and Administration Committee Minutes February 6, 2012 2012-2014 PROVISIONS AFFECTING CUPE EMPLOYEES, NON-AFFILIATED EMPLOYEE GROUP, OTHER APPLICABLE EMPLOYMENT GROUPS, APPLICABLE BOARD AND COMMITTEE APPOINTED POSITIONS - CONTINUED Resolution #GPA-104-12 Moved by Councillor Novak, seconded by Councillor Neal THAT the recommendations contained in the Confidential Report COD-003-12, regarding the 2012-2014 Provisions Affecting CUPE Employees, Non-Affiliated Employee Group, Other Applicable Employment Groups, Applicable Board and Committee Appointed Positions, be approved. CARRIED FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. CLOSED SESSION Resolution #GPA-105-12 Moved by Councillor Neal, seconded by Councillor Woo THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a tax arrears issue, a matter which deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 2:32 p.m. with Mayor Foster in the Chair. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to Staff. - 13 - General Purpose and Administration Committee Minutes February 6, 2012 SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Neal declared a pecuniary interest during a question from Councillor Traill to the Municipal Solicitor regarding the status of a legal matter regarding Durham Clear, as his wife is a supporter of Durham Clear. Councillor Neal left the room and refrained from discussion on this matter. Councillor Neal returned to the meeting at 2:35 p.m. CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. OTHER BUSINESS VIDEO RECORDING OF MEETINGS Resolution #GPA-106-12 Moved by Councillor Neal, seconded by Councillor Partner THAT the Procedural By-law be amended to prohibit anyone within 3 meters from the Council ring taking a video recording of a Council or Committee meeting; and THAT this shall not apply to the Municipality or any publicly available broadcaster. CARRIED AS AMENDED (See following motion) Resolution #GPA-107-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-106-12 be amended by inserting the following after the word "municipality" in the second paragraph: ", a presentation as defined in Section 7.4.1 (a) of the Procedural By-law 2011-016," CARRIED - 14 - General Purpose and Administration Committee Minutes February 6, 2012 The foregoing Resolution #GPA-106-12 was then put to a vote and carried as amended. LAPTOP USE BY MEMBERS OF COUNCIL IN COUNCIL CHAMBERS Resolution #GPA-108-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Staff be directed to report back on allowing Members of Council access to laptops at their desk in the Council Chambers including: access to network drives; how other municipalities are using laptops in their meetings; and electronic agendas. CARRIED SETTING FIXED TIME FOR CONTINUATION OF MEETINGS PAST 11:00 P.M. CURFEW Resolution #GPA-109-12 Moved by Councillor Neal, seconded by Councillor Partner THAT the Municipal Clerk be directed to report back on amending the Procedural By-law to allow for setting a fixed time for extension of meetings continuing past the 11:00 p.m. curfew, including a review of schedules for all Regional and local Boards and Committees. CARRIED LATER IN THE MEETING (See following motion) Resolution #GPA-110-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow Members of Committee to speak to the above matter a second time. CARRIED The foregoing Resolution #GPA-109-12 was then put to a vote and carried. COMMUNICATIONS There were no items considered under this section of the Agenda. - 15 - General Purpose and Administration Committee Minutes February 6, 2012 CONFIDENTIAL REPORTS Confidential Report COD-003-12 was dealt with earlier in the meeting, under the "Corporate Services Department" section. ADJOURNMENT Resolution #GPA-111-12 Moved by Councillor Partner, seconded by Councillor Novak THAT the meeting adjourn at 3:04 p.m. CARRIED �, ,z , t , '=.-: V MAYO DE'P JTY CLERK - 16 -