HomeMy WebLinkAbout10/20/2003a
Leading the Way
DATE: MONDAY, OCTOBER 20, 2003
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a special meeting of Council held on September 26, 2003
Minutes of a meeting of Council held on September 29, 2003
PUBLIC MEETING
A public meeting is being held for the purpose of passing a by -law to stop up and
close a portion of the unopened road allowance part 2 of Plan 40R- 22273.
PRESENTATIONS
Ontario Power Generation and St. Marys Cement - Sports Hall of Fame
Jim Connell, Royal Canadian Legion - Book of Service
DELEGATIONS
a) Evylin Stroud, 89 Little Avenue, Bowmanville, L1 C 1 J9 - Report
PSD- 115 -03 .
b) Phyllis Barker, Chair, Clarington Public Library Board of Trustees, 163
Church Street, Bowmanville, L1 C 1 T7 - Ontario Public Library Week
c) Janie Dodds, 3917 Concession Road 8, Orono, LOB 1 MO - Kirby United
Church
f;
CORPORATION OF THE MUNICIPALITY OF CLARINCTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - October 20, 2003
d) Kevin Anyan, 36 King Street East, Bowmanville, L1 C 1 N2 - Rotary Club of
Bowmanville
e) Bob Stephenson, 170 Given Road, Newcastle, L1 B 1 G9 - Foster Creek
Subdivision
f) Martin Gerkes, 4726 Rundle Road, Hampton, LOB 1 JO - Report
PSD- 137 -03
g) Grant Dagnall, 82 Elgin Street, Bowmanville, L1 C 3E4 - Report
CLD- 041 -03
h) Ronald Williams, 27 Rhonda Boulevard, Bowmanville, L1 C 3W3 - Report
CLD- 041 -03
i) Alan Aitken, 3 Albany Street, Oshawa, L1 H 2Y9 - Confidential Report
CLD- 039 -03
COMMUNICATIONS
Receive for Information
i
I - 1 Walt Gibson, Organizer, Terry Fox Run - Thank You Letter
1 - 2 Organizing Committee, Village Concerts - Thank You Letter
1 - 3 Federation of Canadian Municipalities - Green Municipal Funds
1 - 4 Minutes of the Newcastle Village Business Improvement Association
Meeting
1 - 5 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham
- Nutrient Management Act, 2002
1 - 6 Minutes of the Ganaraska Region Conservation Authority Meeting
1 - 7 Minutes of the Clarington Public Library Meeting
1 - 8 John O'Toole, MPP, Durham -Education Act
1 - 9 John O'Toole, MPP, Durham - Ontario Municipal Economic Infrastructure
Financing
I - 10 Minutes of the Clarington Highway 407 Community Advisory Committee
Meeting
Council Agenda - 3 - October 20, 2003
1 - 11 Minutes of the Durham Nuclear Health Committee Meeting
I - 12 Federation of Canadian Municipalities - Canadian Radio - television and
Telecommunications (CRTC) Decision 2001 -23
I - 13 Federation of Canadian Municipalities - Transit Means Business: The
Economic Case for Public Transit in Canada
I - 14 John O'Toole, MPP, Durham - The Road Ahead - A Fair Deal for
Municipalities
I - 15 Minutes of the St. Marys Cement Community Relations Committee
Meeting
- 16 Minutes of the Central Lake Ontario Conservation Authority Meeting
I - 17 Matthew Hildebrand, World Organization to Investigate the Persecution of
Falun Gong - Hate - Inciting Materials
I - 18 Don Reid, Registered Reflexology Council of Ontario - Clarington's Body
Rub By -law
I - 19 'Minutes of the Site Planning Committee Meeting
1-20 Durham Haliburton Kawartha & Pine Ridge District Health Council -
Annual Report
1 - 21 Sylvia Hudson, Vice - Chair, Ontario Civilian Commission on Police
Services - Resolving Complaints - Your Guide for Filing Complaints About
Police Conduct, Services and Policies in Ontario
1-22 Utilia Amaral, Director, Ontario Rental Housing Coalition -Rental Housing
Supply
I - 23 The Honourable Gar Knutson, Secretary of State - Central and Eastern
Europe and Middle East - Iter Project
1- 24 P.M. Madill, Regional Clerk, Region of Durham - General
Practitioners /Family Physicians
I - 25 Suzanne Stickley, Communications Officer, Port Hope Area Initiative -
Expo '03
1 - 26 Claude Mailloux, Coordinator, International Association of Great Lakes
and St. Lawrence Mayors - Minutes of the 17th Annual International
Association of Great Lakes and St. Lawrence Mayors Meeting
Council Agenda - 4 - October 20, 2003
Receive for Direction
D - 1 Lisa Fitton, Recording Secretary, Test Hill Task Force, Township of
Scugog - Barricade at the Burketon Entrance to the Test Hill Area
D - 2 Heather Armstrong - Application by 1389877 Ontario Inc.
D - 3 Nancy Armstrong - Application by 1389877 Ontario Inc.
D - 4 Amey Mezzabotta, Community Project Assistant, Durham Area - Lung
Association Awareness Month
D - 5 Robert Olsen, Executive Director, White Ribbon Campaign - White Ribbon
Days
D - 6 Cecile D. Bowers, Secretary Branch 178, The Royal Canadian Legion -
Poppy Canvassing
D - 7 Marion Sears - Transit in Orono and Wilmot Creek
D - 8 Deborah Laforet, Ecumenical Outreach, The AIDS Committee of Durham -
Canadian HIV /AIDS Awareness Week and World AIDS Day
D - 9 Sid Ryan, President, CUPS Ontario and Shellie Bird, Co- President, The
Ontario Coalition for Better Child Care - Child Care Worker & Early
Childhood Educator Appreciation Day
D - 10 Allan Gotlieb, Chairman, Ontario Heritage Foundation - Ontario Heritage
Foundation's Young Heritage Leaders Program 2003
D - 11 David Clark, Secretary- Treasurer, Veridian Corporation - Shareholders
Agreement
D - 12 Martha Rutherford Conrad, Administrator, Clarington Museum and
Archives - By -law Changes
D - 13 John Stephenson, Honourary Secretary, South East Clarington
Ratepayers Association - Port Granby Low Level Radioactive Waste
Management Facility
D - 14 The Corporation of the Village of Point Edward - Trillium Foundation
Funding
D - 15 Inky Mark, M.P., Dauphin -Swan River - Marquette - Young Criminal Justice
Act
Council Agenda - 5 - October 20, 2003
D - 16 W. Donald Cousens, Mayor, Town of Markham - Wirebury Connections
Inc.
D - 17 Nicole Sullivan, Acting City Clerk, City of Kingston - Electricity Market
D - 18 David Crombie, President and CEO, Canadian Urban Institute - Urban
Leadership Awards Program
MOTION
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of
October 6, 2003
2. Special General Purpose and Administration Committee Report of
October 20, 2003
3. Report PSD- 137 -03 - Development Charges By -law Complaint - The
Education Act, Martin, Ann and Martin D. Gerkes, 3700 Maple Grove Road,
being within Part of Lot 29, Concession 3, former Township of Darlington
4. Report CLD -41 -03 - Order to Restrain - Dagnall
5. Report EGD -41 -03 - Proposed New Bowmanville Secondary School:
Severance Agreement (LD 094/2003) (to be distributed under separate cover)
6. Report COD - 043 -03 - Tender CL2003 -27, Longworth Avenue Extension
(to be distributed under separate cover)
7. Confidential Report CLD- 039 -03 - Personnel Matter (distributed under
separate cover)
8. Confidential Report EGD -40 -03 - Property Matter (distributed under separate
cover)
9. Confidential Report EGD -42 -03 - Property Matter (to be distributed under
separate cover)
Council Agenda - 6 - October 20, 2003
UNFINISHED BUSINESS
BY -LAWS (to be distributed under separate cover)
OTHER BUSINESS
a) Regional Update
b) Boards /Committees Update
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
Leading e Way
REPORT #1
REPORT TO COUNCIL MEETING OF OCTOBER 20, 2003
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, OCTOBER 6, 2003
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) Report PSD- 130 -03 - Port Granby Project
Technical Studies Related To Option B2
(b) Report CSD -18 -03 - Summer Day Camp Program 2003
(c) Report COD - 039 -03 - Customer Service Survey
2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION
(a) Report COD - 042 -03 - Firefighter Call -Back Protocol
(b) Request from Newcastle Business Improvement Association to
hold a Children's Halloween Party on October 25, 2003
3. REVISED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
FOR RETAIL COMMERCIAL DEVELOPMENT
APPLICANT: VALIANT PROPERTY MANAGEMENT
CLARINGTON PLACE BOWMANVILLE
THAT Report PSD- 120 -03 be received;
THAT the revised application submitted by Valiant Property Management be
referred back to Staff for further processing;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Report #1 - 2 - October 6, 2003
THAT staff be authorized to review the timing of an Official Plan review and
report back to Council;
THAT the applicant be requested to pay for the additional transportation,
planning and urban design consultants required to assist staff in the
evaluation of this major application in a similar cost - shared manner as the
retail market impact consultant; and
THAT all interested parties listed in Report PSD- 120 -03 and any delegations
be advised of Council's decision.
4. PROPOSED ZONING BY -LAW AMENDMENT TO ALLOW A TRIPLEX
APPLICANT: YVONNE KROHN- ANTHONY
53 TOWNLINE ROAD SOUTH, LOCATED ON THE EAST SIDE OF
TOWNLINE, SOUTH OF BARRON COURT AND NORTH OF
KINGSWOOD DRIVE COURTICE
THAT Report PSD- 121 -03 be received;
THAT the application submitted by Yvonne Krohn - Anthony be referred back
to Staff for further processing and the preparation of a further report following
the receipt of all outstanding agency comments; and
THAT all interested parties listed in Report PSD- 121 -03 and any delegations
be advised of Council's decision.
5. REZONING APPLICATION FOR SPECIAL PURPOSE COMMERCIAL USES
APPLICANT: TORGAN GROUP
SOUTHEAST CORNER OF WAVERLEY ROAD AND BASELINE ROAD,
BOWMANVILLE
THAT Report PSD- 122 -03 be received;
THAT the application submitted by the Torgan Group be referred back to
Staff for further processing and the preparation of a further report following
the receipt of all outstanding agency comments;
THAT Staff be authorized to work with the developer in preparing an
appropriate scheme to eliminate the elevated rail bed of the former CN Rail
spur line from the Bowmanville Creek valley and to redefine the floodplain
limits; and
THAT all interested parties listed in Report PSD- 122 -03 and any delegations
be advised of Council's decision.
Report #1 - 3 - October 6, 2003
6. REZONING APPLICATION FOR CONVENIENCE COMMERCIAL USE
APPLICANT: MARTIN ROAD HOLDINGS LIMITED
REGIONAL ROAD 57 AND HARTWELL AVENUE BOWMANVILLE
THAT Report PSD- 123 -03 be received;
THAT the application submitted by Martin Road Holdings Limited be
referred back to Staff for further processing and the preparation of a
further report following the receipt of all outstanding agency
comments; and
THAT all interested parties listed in Report PSD- 123 -03 and any
delegations be advised of Council's decision.
7. REZONING APPLICATION TO PERMIT EXPANSION OF ZELLERS
APPLICANT: VALIANT PROPERTY MANAGEMENT
2383 HIGHWAY 2 BOWMANVILLE
THAT Report PSD- 124 -03 be received;
THAT the application submitted by Zellers Canada Limited on behalf of
Valiant Property Management be referred back to Staff for further processing
and the preparation of a further report following the receipt of all outstanding
agency comments; and
THAT all interested parties listed in Report PSD- 124 -03 and any delegations
be advised of Council's decision.
8. REZONING APPLICATION TO EXPAND PARKING AREA AND PROVIDE
LANEWAY
APPLICANT: 1317946 ONTARIO LIMITED (THE WALTZING WEASEL)
1437 HIGHWAY 2 COURTICE
THAT Report PSD- 125 -03 be received;
THAT the application submitted by Fred Simkins on behalf of 1317946
Ontario Limited be referred back to staff for further processing and the
preparation of a further report following the receipt of all outstanding agency
comments; and
THAT all interested parties listed in Report PSD- 125 -03 and any delegations
be advised of Council's decision.
9. REZONING APPLICATION TO DELETE REQUIREMENT FOR SUPERMARKET
APPLICANT: LOBLAW PROPERTIES LIMITED
2375 HIGHWAY 2 BOWMANVILLE
THAT Report PSD- 126 -03 be received;
Report #1 - 4 - October 6, 2003
THAT the application submitted by Loblaw Properties Limited be referred
back to Staff for further processing and the preparation of a further report
following the receipt of all outstanding agency comments; and
THAT all interested parties listed in Report PSD- 126 -03 and any delegations
be advised of Council's decision.
10. CLARINGTON OFFICIAL PLAN AMENDMENT, ZONING BY -LAW
AMENDMENT, AMENDMENT TO DRAFT APPROVED PLAN 18T -96014
TO PERMIT DEVELOPMENT OF 86 SINGLE DETACHED DWELLINGS,
32 TOWNHOUSE UNITS, 2 MEDIUM DENSITY BLOCKS, A SEPARATE
SCHOOL AND PARK
APPLICANT: 699504 ONTARIO LIMITED (THE KAITLIN GROUP)
THAT Report PSD- 127 -03 be received;
THAT Amendment No. 35 to allow additional medium density residential
uses in the Westvale Neighbourhood be approved as indicated in
Attachment 4 to Report PSD- 127 -03 and that the necessary by -law be
passed;
THAT the portion of the application submitted by 699504 Ontario Limited to
amend the Clarington Official Plan (COPA 2003 -001) to delete the
Neighbourhood Commercial Symbol, be denied;
THAT the amendment to draft Plan of Subdivision 18T- 96014, submitted by
699504 Ontario Limited be approved as redline revised (Attachment 5 to
Report PSD- 127 -03) subject to the conditions contained in Attachment 6 to
Report PSD- 127 -03;
THAT the application for Zoning By -law amendment DEV 97 -002 be
approved as contained in Attachment 7 to Report PSD- 127 -03;
THAT the Mayor and Clerk be authorized by by -law to exclude a Subdivision
Agreement between the Owner and the Municipality of Clarington at such
time as the agreement has been finalized to the satisfaction of the Director of
Engineering and the Director of Planning Services;
THAT the Durham Region Planning Department be forwarded a copy of
Report PSD- 127 -03 and Council's decision; and
THAT the applicant and all interested parties listed in Report PSD- 127 -03
and any delegation be advised of Council's decision.
11. MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT
FOR THE MEETINGS OF SEPTEMBER 25 2003
THAT Report PSD- 128 -03 be received; and
Report #1
- 5 - October 6, 2003
THAT Council concur with the decisions of the Committee of Adjustment
made on September 25, 2003 for Applications A2002/053 and A2003/028
and that Staff be authorized to appear before the Ontario Municipal Board to
defend the decisions of the Committee of Adjustment.
12. PROPOSED PLAN OF SUBDIVISION AND REZONING —
FOSTER CREEK DEVELOPMENTS AND ROBERT STEPHENSON
PART LOTS 29 AND 30, CONCESSION 2, FORMER VILLAGE OF
NEWCASTLE
THAT Report PSD- 129 -03 be received;
THAT the portion of the Foster East Neighbourhood Design Plan bounded by
King Avenue West, Rudell Road, proposed Street C and Massey Drive
extension be approved as contained in Attachment No. 2 to Report PSD -
129 -03;
THAT the application for proposed Plan of Subdivision 18T- 89059, as
revised dated September 2003, submitted by Sernas Associates on behalf of
Foster Creek Developments and Robert Stephenson be approved as per
Attachment No. 3 to Report PSD- 129 -03, subject to the conditions of Draft
Approval, as contained in Attachment No. 4 to Report PSD- 129 -03;
THAT the application for Zoning By -law amendment, as revised dated
September 2003, submitted by Sernas Associates on behalf of Foster Creek
Developments and Robert Stephenson be approved as per Attachment No. 5
to Report PSD- 129 -03;
THAT the Mayor and Clerk be authorized by by -law to enter into an
agreement with the owners or any predecessors and the by -law be
forwarded to Council at such time the owners are prepared to proceed with
this development;
THAT the Durham Region Planning Department be forwarded a copy of
Report PSD- 129 -03 and Council's decision; and
THAT all interested parties listed in Report PSD - 129 -03 and any delegation
be advised of Council's decision.
13. DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION TO
PERMIT A 707 UNIT RESIDENTIAL SUBDIVISION IN THE CITY OF
OSHAWA, SILWELL DEVELOPMENTS LIMITED AND 671516 ONTARIO
LIMITED, PART LOTS 1, 2, 3, CONCESSION 4, CITY OF OSHAWA
THAT Report PSD- 131 -03 be received;
Report #1 - 6 - October 6, 2003
THAT the City of Oshawa be advised that the Municipality of Clarington
would have no objections to the approval of proposed Draft Plan of
Subdivision (S -0- 2001 -03) and rezoning Z- 12/2001, subject to the
conditions of Draft Plan approval contained in Attachment No. 3 to Report
PSD- 131 -03;
THAT a copy of Report PSD- 131 -03 be forwarded to the City of Oshawa
Planning Department; and
THAT all interested parties listed in Report PSD- 131 -03 and any
delegations be advised of Council's decision.
14. CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE —
REVISED CONSTITUTION
THAT Report EGD -36 -03 be received;
THAT the revised Constitution of the Clarington Traffic Management
Advisory Committee be adopted; and
THAT the Clarington Traffic Management Advisory Committee continue to
review traffic related issues in the Municipality.
15. DURHAM REGION PUBLIC ALERTING SYSTEM — PERMANENT
EASEMENT
THAT Report EGD -37 -03 be tabled until such time as the Region of Durham
has conducted a public information session.
16. BOWMANVILLE COMMUNITY PARK— UTILITY RELOCATION
THAT Report EGD -38 -03 be received;
THAT approval be granted in the amount of $46,200 plus GST for the
Municipality of Clarington's share of the cost for relocation of the overhead
44kv subtransmission line between Green Road and Martin Road south of
Baseline Road, and that the funds be received from the Public Works
Parks Capital Reserve Fund, Account #1110- 00157 -0000.
17. PARKING LOT REHABILITATION AND EXPANSION, CLARINGTON
BEECH CENTRE — PART "A" & 20 KING STREET EAST — PART "B ",
WATERFRONT TRAIL — PART "C ", CONTRACT CL2002 -25,
MUNICIPALITY OF CLARINGTON
THAT Report EGD -39 -03 be received;
Report #1
- 7 - October 6, 2003
THAT the additional funds of approximately $9,000 for Part C — Waterfront
Trail portion of 2002 Capital Parking Lot Rehabilitation and Expansion
project be drawn from the Public Works Parks Capital Reserve Fund
Account #1110 - 00157 -0000.
18. ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF
JULY 2003
THAT Report CLD -35 -03 be received;
THAT a copy of Report CLD -35 -03 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
19. ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF
AUGUST, 2003
THAT Report CLD -36 -03 be received;
THAT a copy of Report CLD -36 -03 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
20. APPOINTMENT OF AUDITORS AND
AUDIT MANAGEMENT RECOMMENDATION LETTER
THAT Report FND- 023 -03 be received;
THAT the firm of Deloitte and Touche be appointed as the Municipality's
auditors for the 2003 year end audit;
THAT the audit management recommendation letter be referred back to staff
for review and comment;
THAT a Request for Proposal be issued for the Municipality's 2004 audit;
and
THAT the by -law attached to Report FND- 023 -03 be executed by the Mayor
and Clerk.
21. POLICY ON PROPERTY STANDARDS COLLECTION
THAT Report FND- 024 -03 be received; and
THAT the policy outlined in Attachment "A" to Report FND- 024 -03 be
endorsed.
22. ACTIONS - "CLOSED" MEETING
THAT the actions taken at the "closed" meeting be ratified.
FROM f �
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USE LOWER PORTION FOR REPLY REPLY FROM
NOTICE OF INTENTION TO PASS
AN AMENDING BY -LAW TO REMOVE
IN PART THE HOLDING SYMBOL
FROM LANDS ZONED BY BY -LAW 84 -63
TAKE NOTICE that the Council of the Corporation of the Municipality of
Clarington intends to pass an amending by -law under Section 36 of the Planning
Act to remove the Holding provision from lands within Part of Lot 29, and Broken
Front Concession, former Village of Newcastle (as shown of the reverse) from
"Holding -Urban Residential Type One Exception ((H)R1 -39 Zone" to "Urban
Residential Type One Exception (R1 -39 Zone" and "Holding -Urban Residential
Type One Exception ((H)R1 -40) Zone" to "Urban Residential Type One
Exception (R1 -40) Zone ".
Removing the Holding symbol would permit the development of twenty -six (26)
semi - detached dwelling units and ten (10) single family detached dwelling units.
The Council of the Corporation of the Municipality of Clarington will consider the
proposed amending by -law not earlier than at its Council Meeting of Monday,
January 27, 2003 and consider passing a by -law not earlier than Monday,
January 27, 2003.
ANY PERSON OR AGENCY REPRESENTATIVE may attend the Council
meeting at which the amending by -law is considered and /or make written or
verbal representation either in support of or in opposition to the proposed by -law.
ADDITIONAL INFORMATION reiating to the proposed amending by -law is
available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning
Services Department, 40 Temperance Street, Bowmanville, Ontario.
DATED AT THE MUNICIPALITY
OF CLARINGT
THIS,7!7dt, AY OF , 2003
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3A6
PLANNING FILE: ZBA 2002 -038
CLERK'S FILE:
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Leading the Way
REPORT TO COUNCIL MEETING OF OCTOBER 20, 2003
SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, OCTOBER 20, 2003
RECOMMENDATION:
THAT the actions taken at the Special General Purpose and Administration
Committee meeting of October 20, 2003 be approved.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379