HomeMy WebLinkAboutReport #1 07/03/2012 C1
arington
Leading the Way
REPORT#1
REPORT TO COUNCIL MEETING OF JULY 3, 2012
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JUNE 25, 2012
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) Delegation of Christopher Brown and Myno Van Dyke Requesting Financial
Support for the "Newcastles of the World" Event
(b) EGD-020-12 Monthly Report On Building Permit Activity For May, 2012
(c) COD-014-12 Expression of Interest EOI-2011-3, Solar Voltaic Panel
Installation — OPA MicroFIT Program
(d) FND-017-12 Municipal Performance Measures Program - 2011
2. REQUEST FOR EXTENDED USE OF FACILITY FOR FILMING OF "MILLION
DOLLAR NEIGHBOURHOOD — SEASON 2"
THAT the request from MDN Media 2 Inc., regarding filming of"Million Dollar
Neighbourhood - Season 2" in half of the banquet hall and one adjacent meeting
room of the Garnet B. Rickard Recreation Complex for the period of July 4, 2012 to
October 18, 2012 be approved; and
THAT the cost for the use of this facility be at an amount to cover the costs in lost
revenues and associated staffing costs.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
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Report #1 - 2 - July 3, 2012
3. REQUEST FOR MORATORIUM ON PROPOSED LEADER ENERGY WIND
TURBINE FARM PROJECT j
WHEREAS the community of Port Granby is subject to the movement of low level
radioactive waste approved by the Federal Government;
WHEREAS Leader Energy has proposed to site four wind turbines downwind of the
Port Granby low level radioactive waste site; and
WHEREAS the Environmental Assessment by the Port Granby Project did not take
into consideration wind turbines;
NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario hold a
moratorium on this specific project by Leader Energy until compatibility studies
concerning the wind turbines and the Port Granby low level radioactive waste site
are studied;
THAT the Canadian Nuclear Safety Committee be advised of these studies and
their outcome; and
THAT further appropriate steps be taken.
4. REQUEST BY VALLEYS 2000 FOR FUNDS TO COVER SHORTFALL IN FISH
BY-PASS CHANNEL PROJECT
THAT the Municipality of Clarington, as a partner with the Valleys 2000 project "A
Miracle in the Making", approve the following:
a) Contract with Valleau Construction;
b) Municipality grant the sum of up to $81,971.04 to make up the shortfall
funding required for this worthy project to proceed without delay;
THAT the funds be taken from the reserve fund to be identified by the Treasurer;
and
THAT any unused contingency be returned to the reserve fund as well as any
additional fundraiser.
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Report #1 - 3 - July 3, 2012
5. PROPOSED DRAFT PLAN OF SUBDIVISION AND REZONING TO PERMIT A
239 UNIT RESIDENTIAL DEVELOPMENT
APPLICANT: 289143 ONTARIO LIMITED
THAT Report PSD-031-12 be received;
THAT the application for a Draft Plan of Subdivision (S-C-2012-0001) and
Rezoning (ZBA 2012-0008) submitted by 289143 Ontario Limited to permit the
development of 239 residential units continue to be processed including the
preparation of a subsequent recommendation report; and
THAT all interested parties listed in Report PSD-031-12 and any delegations be
advised of Council's decision.
6. APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT
APPLICANT: 1494339 ONTARIO LTD. AND MARIA J. WILLIAMS
THAT Report PSD-032-12 be received;
THAT the application for a Draft Plan of Subdivision (S-C 2012-0002) and Zoning
By-law Amendment (ZBA 2012-0010) submitted by D.G. Biddle & Associates, on
behalf of 1494339 Ontario Ltd. and Maria J. Williams, for the development of 10
townhouse units continue to be processed including the preparation of a
subsequent report; and
THAT all interested parties listed in Report PSD-032-12 and any delegations be
advised of Council's decision.
7. PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW
AMENDMENT TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED
DWELLING ON AN EXISTING LOT OF RECORD IN ENNISKILLEN
THAT Report PSD-033-12 be received;
THAT the application submitted by the Central Lake Ontario Conservation Authority
continue to be processed including the preparation of a further recommendation
report; and
THAT all interested parties listed in Report PSD-033-12 and any delegations be
advised of Council's decision.
Report #1 - 4 - July 3, 2012
8. PROPOSED OFFICIAL PLAN AMENDMENT
PROPOSED NEIGHBOURHOOD DESIGN PLAN FOR VILLAGE NORTH
NEIGHBOURHOOD IN NEWCASTLE
APPLICATIONS TO AMEND THE ZONING BY-LAW AND FOR APPROVAL OF
DRAFT PLANS OF SUBDIVISION
APPLICANTS: SMOOTH RUN DEVELOPMENTS (METRUS DEVELOPMENTS
INC.) BROOKFIELD HOMES (ONTARIO) LIMITED
THAT Report PSD-034-12 be received;
THAT Addendums 1, 2 and 3 to Report PSD-067-09 be lifted from the table and
received;
THAT the North Newcastle Neighbourhood Design Plan be received;
THAT the Mayor and Clerk be authorized by By-law, on behalf of the Municipality to
execute a Memorandum of Understanding regarding the phasing of parkland
referred to in Section 12.4.5 of Report PSD-034-12 between Smooth Run
Developments and Brookfield Homes (Ontario) Limited and the Municipality of
Clarington which contains terms and conditions to protect the Municipality's
interests satisfactory to the Directors of Planning Services and Engineering
Services;
THAT subject to the execution of a Memorandum of Understanding referenced
above, Council request the Ontario Municipal Board to:
a) approve application COPA 2005-008, submitted by Smooth Run
Developments and Brookfield Homes (Ontario) Limited, as Amendment
No. 86 to the Clarington Official Plan as contained in Attachment 7 to
PSD-034-12;
b) approve Draft Plan of Subdivision S-C-2005-003, submitted by Smooth
Run Developments, to permit the development of 656 residential units,
subject to the conditions contained in Attachment 8 to Report
PSD-034-12;
c) approve Draft Plan of Subdivision S-C-2005-004 submitted by Brookfield
Homes (Ontario) Limited to permit the development of 270 residential
units, subject to the conditions contained in Attachment 9 to
PSD-034-12;
d) enact zoning by-law amendment ZBA 2005-042 submitted by Smooth
Run Developments to implement the proposed Draft Plan of Subdivision
as contained in Attachment 10 to Report PSD-034-12; and
Report #1 - 5 - July 3, 2012
e) enact zoning by-law amendment ZBA 2005-043 submitted by Brookfield
Homes (Ontario) Limited to implement the proposed Draft Plan of
Subdivision as contained in Attachment 11 to Report PSD-034-12;
THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such
time that the applicants have entered into a subdivision agreement;
THAT the Durham Region Planning Department and Municipal Property
Assessment Corporation (MPAC) be forwarded a copy of Report PSD-034-12 and
a copy of Council's decision;
THAT the developer or sales agent must provide all potential home purchasers a
printed notice, separate from purchase/sales agreements, of the train whistle
information and related noise they will expect to hear, including proximity to the
train tracks, and the timing of train whistles; and
THAT all interested parties listed in Report PSD-034-12 and any delegation be
advised of Council's decision.
9. REQUEST FOR REPORT— TO INCLUDE TRAIN WHISTLE INFORMATION IN
CONDITIONS OF DRAFT APPROVAL OF SUBDIVISION
THAT staff be directed to report on information to be disclosed by developers to
new home buyers specifically relating to potential impacts of other land uses within
the area such as train whistles and location of zoos.
10. APPOINTMENT OF INSPECTOR
THAT Report EGD-021-12 be received;
THAT Bradley Muma be appointed as Building Inspector for the Municipality of
Clarington effective as soon as possible and that his name be added to Schedule
`A', Table `B' of By-law 2011-036; and
THAT the appropriate by-law be forwarded to Council.
11. NO PARKING AT WEST BEACH ROAD PARKETTE PROPOSED AMENDMENT
TO BY-LAW 91-58
THAT Report EGD-022-12 be received; and
THAT the General Parking and Stopping Regulation section of Traffic By-law 91-58
be amended to prohibit parking "From Dusk to Dawn" adjacent to the West Beach
Road Parkette.
Report #1 - 6 - July 3, 2012
12. CEMETERY BY-LAW AND TARIFF OF RATES
THAT Report OPD-007-12 be received;
THAT the Cemetery By-law as outlined on the proposed by-law (Attachment No. 1
to Report OPD-007-12) be approved;
THAT the rates and fees as outlined on Schedule "A" of the by-law (Attachment
No. 2 to Report OPD-007-12) be approved; and
THAT Council authorize an agreement authorizing locally licenced funeral
establishments to act as non-exclusive sales representatives to sell interment rights
or cemetery services on behalf of the Municipality (Attachment 3 to Report
OPD-007-12).
13. FIRE DISPATCH SERVICES
THAT Report ESD-010-12 be received;
THAT Staff be authorized to negotiate an agreement with the City of Oshawa to
provide Fire Dispatch Services and After Hour's Call Reception Services;
THAT Council authorize the Clerk and Mayor to execute an agreement with the City
of Oshawa;
THAT Council approve utilizing the $189,000 approved for new staff in the
Emergency and Fire Services Department in the 2012 budget with the balance of
the annual funding to be included in the 2013 operating budget at an estimated
0.5% tax levy increase for the purpose of absorbing the 4 existing dispatchers into
the fire suppression; and
THAT all interested partied listed in Report ESD-010-12 be advised of Council's
decision.
14. STAFFING TRUCKS WITH FULL-TIME FIREFIGHTERS
THAT Report ESD-011-12 be received;
THAT the staffing as proposed in section 4.1 of Report ESD-011-12 be approved;
and
THAT all interested parties listed in Report ESD-011-12 be advised of Council's
decision.
Report #1 - 7 - July 3, 2012
15. BY-LAW TO REGULATE OPEN AIR BURNING
THAT Report ESD-012-12 be received;
THAT the By-Law attached to Report ESD-012-12, to regulate Open Air Burning,
be adopted; and
THAT Council repeal By-Law 2001-113.
16. APPOINTMENT TO ORONO ARENA AND COMMUNITY CENTRE BOARD
THAT Report CLD-022-12 be received;
THAT Gail McKenzie be appointed to the Orono Arena and Community Centre
Board as the Durham Central Agricultural Society representative; and
THAT Gail McKenzie, John Witheridge and Pete Maartense be advised of Council's
decision.
17. TENDER CL2012-8 SUPPLY & DELIVERY OF TWO (2) VACUUM STREET
SWEEPERS
THAT Report COD-013-12 be received;
THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a
total bid price of$420,828.48 (net of H.S.T. Rebate), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL2012-8, be
awarded the contract for Supply & Delivery of Two (2) Vacuum Street Sweepers, as
required by the Municipality of Clarington, Operations Department; and
THAT the funds required in the amount of $420,828.48 (net of H.S.T. Rebate) be
drawn from the following Operations Department Accounts:
#110-36-388-83642-7401 2012 Replacement of Fleet Roads $200,492.64
#110-36-388-83643-7401 2012 New Acquisition Fleet Roads $220,335.84
$420.828.48
Report #1 - 8 - July 3, 2012
18. TENDER CL2012-16, EROSION CONTROL
THAT Report COD-016-12 be received;
THAT R&M Construction, Acton, Ontario, with a total bid in the amount of
$321,613.46 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2012-16 be awarded the contract
for Erosion Control as required by the Municipality of Clarington, Engineering
Department;
THAT the funds required for the Clarington portion of the.project, required in the
amount of$305,000.00 (which includes $321,613.46 for tendering, design, contract
administration, material testing, contingencies and net HST less Region of Durham
costs) be drawn from the following Engineering Department Capital Accounts:
Soper Creek Erosion Control - 2012 Capital and
funds committed in Roads Contribution Reserve Fund)
110-32-340-83284-7401 $221,000.00
Build Canada Fund (2009)
110-32-330-83347-7401 $ 84,000.00
Total funds required: $305,000.00
THAT the tender award be subject to the approval of the Regional Municipality of
Durham; and
THAT the Mayor and Clerk be authorized to execute the necessary agreement.
19. TENDER CL2012-04, DUKE STREET RECONSTRUCTION
THAT Report COD-017-12 be received;
THAT Behan Construction Ltd., Cobourg, Ontario, with a total bid in the amount of
$1,197,895.33 (net of H.S.T. Rebate), being the lowest responsible bidder meeting
all terms, conditions and specifications of Tender CL2012-04 be awarded the
contract for Duke Street Reconstruction, as required by the Municipality of
Clarington, Engineering Department;
Report #1 - 9 - July 3, 2012
THAT the funds required in the amount of $784,700.00 (which includes
$1,197,895.33 for tendering, design, contract administration, material testing,
contingencies and net HST less Region of Durham costs) be drawn from the
following Engineering Department Capital Accounts:
Accounts:
110-32-330-83359-7401 (2011) $ 75,000.00
110-32-330-83359-7401 (2012) $709,700.00
Total funds required $784,700.00
THAT the tender award be subject to the approval of the Regional Municipality of
Durham; and
THAT the Mayor and Clerk be authorized to execute the necessary agreement.
20. 2011 AUDITED FINANCIAL STATEMENTS
THAT Report FND-016-12 be received; and
THAT the 2011 Draft Audited Financial Statements for the Municipality, its Trust
Funds, the Clarington Public Library and the Business Improvement Areas be
approved.
21. HOST COMMUNITY STRATEGIC FUNDING POLICY
THAT Report FND-018-12 be received;
THAT Council approve the funding policy as summarized on Attachment "A" of
Report FND-018-12 for the future use of the Host Community Funds received
through the Agreement for the Cleanup and Long-Term Safe Management of the
Port Granby Low Level Radioactive Waste Project;
THAT Council authorize the establishment of a new Strategic Capital Reserve
Fund;
THAT the $10 million currently held in Trust be transferred to the Strategic Capital
Reserve Fund for future use as approved through the funding policy summarized
on Attachment "A" of Report FND-018-12; and
THAT the existing Port Granby Reserve Fund be maintained and directed in future
to achieve Council objectives pertaining to the End Use Plan and other mitigation
measures as deemed necessary.
Report #1 . - 10 - July 3, 2012
22. CLARINGTON OLDER ADULT ASSOCIATION — PARKING
CONCERNS/STRATEGIC PLAN
WHEREAS Rathskamory was the estate Dr. George Humphrey Low built in 1843
that was subsequently occupied by Dr. James W. McLaughlin, brother of Robert
McLaughlin, and since 1998 has been repurposed with a significant addition and it
is now known as the Clarington Beech Centre;
WHEREAS the Municipality of Clarington has designated Beech Avenue in
Bowmanville, including the Clarington Beech Centre, the Lion's Parkette and the
tennis courts managed by the Bowmanville Tennis Club and adjacent greenspace
as a Heritage Conservation District under Part V of the Ontario Heritage Act;
WHEREAS the Central Neighbourhood of Bowmanville is deficient in parkland
relative to the Municipality's park standards, set out in the Municipality's Official
Plan;
WHEREAS Council determines that it is important to retain the Lion's Parkette, the
tennis courts and the greenspace adjacent to the grounds of the Clarington Beech
Centre as part of the neighbourhood character landscape elements identified for
the Beech Avenue Heritage Conservation District;
WHEREAS maintaining the greenspace, the tennis courts, and the Lion's Parkette
at Rathskamory is the will of Council and fulfills both the heritage preservation and
recreational objectives of the Municipality; and
WHEREAS Council acknowledges the work of the Clarington Older Adult
Association and recognizes the challenges of constraints at the Clarington Beech
Centre;
NOW THEREFORE BE IT RESOLVED THAT Addendum #1 to Report
CSD-006-12 be received;
THAT Report CSD-006-12 be received;
THAT By-law 2011-106 be amended by adding the following to Section 1:
"a) Capacity
THAT the overall capacity of the Clarington Beech Centre be 250
persons.";
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Report #1 - 11 - July 3, 2012
THAT the activities taking place at the Clarington Beech Centre be limited to
programs and social activities of the Clarington Older Adult Centre Board and
regular meetings of the Lions Club of Bowmanville; and
• Oddfellows/Rebekkahs & Encampment
Tops
• CUPE Local 225
All other rentals of significance to be determined by the Clarington Older
Adult Centre;
THAT a review of the rentals shall be undertaken within the year;
THAT there will be no increase to Beech Centre on-site parking, with a continued
use of on-street parking;
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THAT the Clarington Older Adult Association (COAA) be permitted to continue to
utilize the green space at the rear of the building for temporary overflow parking for
large scale COAA events only;
THAT Council endorse the establishment of a Beech Centre Community Liaison
Committee and that the matter be referred back to staff to develop a terms of
reference and report back;
THAT $1000 for signage and line painting be funded from the Municipal Capital
Works Reserve Fund; and
THAT all interested parties listed in Addendum #1 to Report CSD-006-12 be
advised of Council's decision.
23. REQUEST FOR REPORT— GUIDELINES FOR DECLARING SIGNIFICANT
COMMUNITY EVENTS
THAT Staff be directed to prepare a report regarding guidelines for defining
significant community events as it relates to Special Occasion Permits under the
Alcohol and Gaming Commission of Ontario's rules and regulations.
24. NICK KULB, PARTNER & EXECUTIVE PRODUCER, REPUBLIC LIVE,
REQUESTING A TEMPORARY EXTENSION TO BY-LAWS 91-56 AND 97-126
FOR NOISE
WHEREAS on April 29, 1991, Council enacted By-law No. 91-56 respecting
exhibitions held for hire or gain;
WHEREAS on June 23, 1997, Council amended By-law No. 91-56 to regulate
sound levels emanating from concerts; and
Report #1 - 12 - July 3, 2012
WHEREAS Council deems it advisable to grant a temporary site specific exemption
to By-law No. 91-56 for the purpose of allowing the Boots & Hearts Country Music
Festival to proceed;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
• Notwithstanding paragraph 4(I) of By-law No. 91-56, as amended by
By-law 97-126, the Maximum Level of Audible Sound for Mosport Park for
the period August 10, 2012 to August 12, 2012 shall be as follows:
Concerts - Maximum
Hours To Level of Audible Sound
2:00 am 8:59 am 45 dBA
9:00 am 1:59 am 110 dBA
• Notwithstanding paragraph 3(1) of By-law No. 91-56, as amended by
By-law 97-126, the application for a license to hold the Boots & Hearts
Country Music Festival be made to the Clerk of the Municipality by
July 4, 2012.