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HomeMy WebLinkAbout01/07/2013 General Purpose and Administration Committee Minutes January 7, 2013 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 7, 2013 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Absent: Councillor M. Novak Also Present: Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn (until 10:37 a.m.) Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella (attended at 10:37 a.m.) Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher (until 2:22 p.m.) Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Woo attended the following: • The Bantam AA and Bantam AAA Team Finland Hockey Series on Monday, December 31, 2012 at the Garnet B. Rickard Recreation Complex. • Clarington Polar Bear Swim on Tuesday, January 1, 2013. • Clarington Toro's Clarington Day puck drop on Friday, December 28, 2013 at the Garnet B. Rickard Recreation Complex. - 1 - General Purpose and Administration Committee Minutes January 7, 2013 Councillor Hooper attended the Bantam AA and Bantam AAA Team Finland Hockey Series on Monday, December 31, 2012 at the Garnet B. Rickard Recreation Complex. Councillor Hooper announced that the Clarington Older Adults Association will be holding the following events: • A Social Dance on January 18, 2013 at 1:00 p.m. • A Robbie Burns Evening on January 30, 2013 • A Euchre Extravaganza on January 20, 2013 Councillor Neal announced that the Clarington Museums and Archives is hosting a Robbie Burns Night on Saturday, January 26, 2013 at the Newcastle Town Hall. Mayor Foster congratulated the Clarington Toros for their successful event on New Year's Eve. Mayor Foster participated in the Clarington Polar Bear Swim on Tuesday, January 1, 2013. Mayor Foster announced the following upcoming events: • Big Brothers and Sisters Volunteer Information Session on Wednesday, January 9, 2013 from 7:00 p.m. to 9:00 p.m. at their offices on Scugog Street. • The Durham Region Cattlemen's Association Annual General Meeting and Dinner on Friday, January 11, 2013 at the Nestleton Community Centre. • John O'Toole's Levee on Sunday, January 13, 2013 from 12:30 to 2:30 at the Sarah Jane Williams Heritage Centre. • Mayor Foster's Levee on Sunday, January 13, 2013 from 1:00 p.m. to 3:00 p.m. in the Council Chambers. MINUTES Resolution #GPA-001-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on December 10, 2012, be approved. CARRIED Councillor Woo chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application for a Proposed Temporary Zoning By-law Amendment Applicant: Alpa Pre-Engineered Panel Systems Inc. Report: PSD-001-13 Cindy Strike, Senior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. She requested, based on comments received - 2 - General Purpose and Administration Committee Minutes January 7, 2013 regarding the application since writing the report, that the Committee refer the report to staff for further processing. Mike Konopacki, local business owner, spoke in opposition to the application. He informed the Committee that there are seven businesses operating on his properties, with approximately 30 employees. Mr. Konopacki explained that Alpa related trucks are parked on Cigas Road, making it difficult to navigate. He also noted that forklift trucks are also travelling on the road, causing a hazard. Mr. Konopacki stated that the wood panels are stacked 12 feet high, which is higher than the berm and chain link fence. He noted that he does not have a problem with the storage on Cigas Road, but he does not believe that it should be visible from Baseline Road. No one spoke in support of the application. George Frankfort, Executive Vice-President, Alpa Lumber. He explained that he and his business partner purchased the company two years ago. Mr. Frankfort explained that the panels are loaded on a trailer with a forklift, the panels are transported across the road, and the empty forklift travels across the road. He stated that he has no objection to planting trees. Mr. Frankfort stated he does not understand how the panels are an eyesore. He added that he is prepared to work with the Planning Services Department to make improvements to the application as he needs the property for storage and future growth. Mayor Foster chaired this portion of the meeting. DELEGATIONS Donna Lanigan, local resident of eight years, was present regarding Report PSD-004-13, Applications to Amend the Clarington Official Plan and Zoning By-law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units. Ms. Lanigan stated that she is representing 119 taxpayers surrounding the subject property. She reminded the Committee that she had previously presented a petition containing 65 signatures. Ms. Lanigan stated that the taxpayers feel that they have not received the cooperation that they believe they deserve. She informed the Committee that a neighbourhood meeting took place yesterday. Ms. Lanigan stated that it is a townhouse area and a four storey apartment building will look out of place. She informed the Committee that the lands have been zoned commercial for 17 years. Ms. Lanigan stated that the developer has changed the height from three storeys to four storeys. She informed the Committee that the area has crime and litter issues which need attention. Ms. Lanigan stated that her street has a parking issue because people have started renting out rooms. She stated that the area does not need an apartment building but does need senior's apartments. Ms. Lanigan provided examples of crime in the area. She suggested putting the proposal on Highway #2. Ms. Lanigan stated that the proposal will decrease the house values in the area, cause traffic and garbage issues. Ms. Lanigan noted that there is no local park for - 3 - General Purpose and Administration Committee Minutes January 7, 2013 children to play. She stated that she would sell her house if the apartment building is built. Ms. Lanigan stated that she feels that the Planning Services Department has ignored the 30 concerns previously raised. She stated that she is concerned about loss of shade. SUSPEND THE RULES Resolution #GPA-002-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Rules of Procedure be suspended to allow the time for the delegation be extended for an additional five minutes. CARRIED Ms. Lanigan stated that the planning notice sign was removed in July, 2012, which she believes is misleading to recent purchasers of townhouses in the area. She added that an environmental impact study was performed 21 years ago, and she asked whether another study was going to be performed. Ms. Lanigan stated that she resents the statement in Report PSD-004-13, that a four storey apartment building will be a transition to a proposed six storey apartment building. She stated that she is concerned about the lack of parking in the proposal. Ms. Lanigan agreed that she would support a three storey building. Glenn Genge, D.G. Biddle & Associates Ltd., was present representing the applicant, regarding Report PSD-004-13, Applications to Amend the Clarington Official Plan and Zoning By-law and for a Proposed 4 Storey Apartment Dwelling Containing 19 Residential Units. Mr. Genge confirmed that the property has been for sale/development for many years as a commercial property, which confirms that the property is not viable for commercial development. He stated that the height difference between a three storey vs. four storey building would be 11.3m. Mr. Genge stated that the proposal has been developed in conjunction with local, regional and provincial planning guidelines for apartment buildings. He stated that there is a strong chance that many of the renters will be seniors, but it will not be limited to seniors. Mr. Genge stated that all the requested background studies were performed and they support the proposal, including a traffic study. He noted that the traffic study found that there will not be any significant impact on traffic. He added that the shadow study will only have an impact in late December. Mr. Genge noted that it is approximately 30 feet from the back of the existing townhouses to the lot line, plus an additional 30 feet from the lot line to the edge of the proposed building. He noted that the proposal was changed to shift the development to the east. Mr. Genge stated that he believes that the building is an attractive building. He noted that trees and shrubs will be planted near the lot line in order to improve the view from the existing houses. Mr. Genge stated that he believes that the building will not contribute to the existing crime and garbage issues. He concluded by urging the Committee to - 4 - General Purpose and Administration Committee Minutes January 7, 2013 approve the recommendations in the report. Mr. Genge confirmed that the owner contends that a three storey building would not be economically viable. RECESS Resolution #GPA-003-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:28 a.m. with Councillor Woo in the Chair. PRESENTATIONS There were no presentations. PLANNING SERVICES DEPARTMENT AN APPLICATION FOR TEMPORARY REZONING TO PERMIT OUTDOOR STORAGE OF PRE-ENGINEERED PANELS FOR A MAXIMUM OF THREE (3) YEARS APPLICANT: ALPA PRE-ENGINEERED PANEL SYSTEMS INC. Resolution #GPA-004-13 Moved by Mayor Foster, seconded by Councillor Neal THAT Report PSD-001-13 be received; THAT the proposed rezoning application submitted by Alpa Pre-engineered Panel Systems Inc. to change the zoning to permit the temporary outdoor storage of pre-engineered panels for a maximum of three (3) years continue to be processed including the preparation of a subsequent recommendation report; and THAT any interested parties to Report PSD-001-13 and any delegations be notified of Council's decision. CARRIED - 5 - General Purpose and Administration Committee Minutes January 7, 2013 COMMUNITY IMPROVEMENT ANNUAL REPORT FOR 2012 ORONO, BOWMANVILLE, NEWCASTLE AND COURTICE Resolution #GPA-005-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD-002-13 be received; and THAT any interested parties to Report PSD-002-13 be notified of Council's decision. CARRIED ENVIRONMENTAL STEWARDSHIP 2012 PROGRAM UPDATE Resolution #GPA-006-13 Moved by Councillor Partner, seconded by Mayor Foster THAT Report PSD-003-13 be received; and THAT any interested parties listed in Report PSD-003-13 be notified of Council's decision. CARRIED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND FOR A PROPOSED 4 STOREY APARTMENT DWELLING CONTAINING 19 RESIDENTIAL UNITS APPLICANT: 1351739 ONTARIO LIMITED Resolution #GPA-007-13 Moved by Councillor Neal, seconded by Councillor Traill THAT Report PSD-004-13 be referred back to staff; THAT Staff request a report, from the applicant, containing a simulation of the view from the rear window of a Bushford Avenue resident facing the proposed building; THAT the report also include a simulation of the view from the apartment building into the back yards of the Bushford Avenue townhomes backing on the proposed development site; and - 6 - General Purpose and Administration Committee Minutes January 7, 2013 THAT the simulation be done for a proposed three storey building and a proposed four storey building. MOTION LOST Resolution #GPA-008-13 Moved by Mayor Foster, seconded by Councillor Partner THAT Report PSD-004-13 be received; THAT Amendment No. 88 to the Clarington Official Plan submitted by 1351739 Ontario Limited to add a "High Density Residential" symbol to the subject lands to permit the development of nineteen (19) apartment units as contained in Attachment 7 of Report PSD-004-13 be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 8 of Report PSD-004-13 be passed; THAT the Zoning By-law Amendment application submitted by 1351739 Ontario Limited be approved as contained in Attachment 9 of Report PSD-004-13; THAT the Holding (H) symbol be removed from the Residential Exception (R4-33) zone once all site plan matters have been addressed; THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-004-13 and Council's decision; and THAT all interested parties listed in Report PSD-004-13 and any delegations be advised of Council's decision. CARRIED REQUEST FOR COUNCIL SUPPORT RESOLUTION UNDER GREEN ENERGYACT: ROOF-TOP SOLAR FIT PROJECT AT 2018 NEWTONVILLE ROAD Resolution #GPA-009-13 Moved by Councillor Partner, seconded by Councillor Hooper THAT Report PSD-005-13 be received; - 7 - General Purpose and Administration Committee Minutes January 7, 2013 THAT Council approve the resolution contained in Attachment 2 of Report PSD-005-13 supporting the FIT application by Imran Mohammad, 2018 Newtonville Road, Newtonville as follows: WHEREAS Imran Mohammad (the applicant) proposes to construct and operate a rooftop solar array, Newtonville Solar Generation (the "Project") on a single-detached residential dwelling and detached garage at 2018 Newtonville Road, Newtonville (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands; and THAT this resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. and THAT all interested parties listed in Report PSD-005-13 be advised of Council's decision. CARRIED RECESS Resolution #GPA-010-13 Moved by Councillor Partner, seconded by Mayor Foster THAT the Committee recess for 30 minutes. CARRIED The meeting reconvened at 12:39 p.m. with Mayor Foster in the Chair. - 8 - General Purpose and Administration Committee Minutes January 7, 2013 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR NOVEMBER, 2012 Resolution #GPA-011-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Report EGD-001-13 be received for information. CARRIED Councillor Traill and Councillor Hooper returned to the meeting at 12:42 p.m. REQUEST FOR REPORT REGARDING A BOWMANVILLE BOAT LAUNCH Resolution #GPA-012-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Staff be requested to report on the long-term potential of a boat launch in Bowmanville. CARRIED 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. COMMUNITY SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Traill chaired this portion of the meeting. - 9 - General Purpose and Administration Committee Minutes January 7, 2013 CLERK'S DEPARTMENT APPOINTMENTS TO NEWCASTLE VILLAGE COMMUNITY HALL BOARD Resolution #GPA-013-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Report CLD-001-13 be received; THAT the following three applicants be appointed to the Newcastle Village Community Hall Board for a two-year term ending December 31, 2014: Shirley Rogers Sierd de Jong Peter de Jong THAT Linda Franssen be thanked for her contribution to the Newcastle Village Community Hall Board; THAT Dave Eastman be appointed as an alternate to the Newcastle Village Community Hall Board; and THAT all interested parties listed in Report CLD-001-13 be advised of Council's decision. CARRIED Mayor Foster chaired this portion of the meeting. REQUEST FOR REPORT —WAIVING OF SNOW CLEARING FEE FOR VETERANS Resolution #GPA-014-13 Moved by Councillor Traill, seconded by Councillor Partner THAT Senior Citizens and the Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program fee be waived for Clarington veterans upon proof of veteran status. MOTION WITHDRAWN - 10 - General Purpose and Administration Committee Minutes January 7, 2013 Resolution #GPA-015-13 Moved by Councillor Traill, seconded by Councillor Partner THAT Staff be directed to prepare a report regarding the waiving of the Senior Citizens and the Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program fee for Clarington veterans; THAT Staff contact Mr. John Greenfield, Veteran's Services Officer, Royal Canadian Legion Branch 178, for input regarding such a policy; and THAT the report be submitted to the General Purpose and Administration Committee meeting of February 4, 2013. CARRIED CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. FINANCE DEPARTMENT There were no reports to be considered under this section of the Agenda. SOLICITOR'S DEPARTMENT The Solicitor's Department verbal reports were considered under the Confidential Reports section, later in the meeting. REQUEST FOR REPORT REGARDING THE CUNNINGHAM REPORT Resolution #GPA-016-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the request for a report to the Municipal Solicitor, regarding the Cunningham Report, be given a deadline of the end of January, 2013. MOTION WITHDRAWN CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. - 11 - General Purpose and Administration Committee Minutes January 7, 2013 UNFINISHED BUSINESS There were no items to be considered under this section of the Agenda. OTHER BUSINESS VERIDIAN APPOINTMENTS Resolution #GPA-017-13 Moved by Councillor Woo, seconded by Councillor Partner WHEREAS Veridian Corporation is the seventh largest municipally owned electricity distributor in Ontario; AND WHEREAS Veridian Corporation is owned by four shareholders: the City of Pickering (41.0%), the Town of Ajax (32.1%), the Municipality of Clarington (13.6%), and the City of Belleville (13.3%); AND WHEREAS Veridian Connections is a wholly owned subsidiary of Veridian Corporation; AND WHEREAS the Municipality of Clarington is represented on both Veridian Corporation and Veridian Connections by two elected representatives and two unelected representatives; AND WHEREAS the Mayor of the Municipality of Clarington is Clarington's representative on both Veridian Corporation and Veridian Connections and the one elected representative and two unelected representatives are appointments submitted by the Council for the Municipality of Clarington to Veridian Corporation; AND WHEREAS the Veridian Connections Board of Directors are appointed by the Veridian Corporate Board from a list of names provided by the shareholders; AND WHEREAS Erin O'Toole, the unelected appointment for the Municipality of Clarington, has resigned from the Veridian Connections Board of Directors; AND WHEREAS at the Board meeting of December 14th, 2012, Mary Novak, Regional Councillor Wards 1 & 2, Municipality of Clarington was appointed by the Veridian Corporate Board onto the Veridian Connections Board of Directors; AND WHEREAS as a shareholder of Veridian Corporation, the vacancy for the unelected position on the Veridian Connections Board should have been brought to the attention of the Council for the Municipality of Clarington; - 12 - General Purpose and Administration Committee Minutes January 7, 2013 AND WHEREAS this term of Council, the unelected appointments from the Municipality of Clarington have been Howard Edmondson and Erin O'Toole, both on Veridian Connections and both who have resigned and Frank Stapleton who still sits as a Board of Director on Veridian Corporation; AND WHEREAS the Veridian Corporation needs independent directors with experience in regulatory affairs, human resources/executive compensation, legal, board of governance experience, senior management, and electrical utility distribution; NOW THEREFORE BE IT RESOLVED THAT the appointment of Mary Novak by the Corporate Board onto the Veridian Connections Board of Directors be rescinded immediately; THAT the Veridian Corporate Board of Directors will appoint an unelected representative to the Veridian Connections Board from a list of names provided, in an open and transparent process, by the Council of the Municipality of Clarington, which is consistent with the Director Identification and Selection Process; and THAT a copy of this resolution be forwarded to the Board members of Veridian Corporation and Veridian Connections and the four shareholder Municipalities. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Mayor Foster ruled that the resolution was out of order. He explained that the Municipality of Clarington does not have legal authority to tell Veridian Corporation who to appoint to the Veridian Connections Board. Councillor Neal immediately appealed the ruling of the Chair. The Question "will the ruling of the Chair be sustained?" was put to a vote. The ruling of the Chair was not sustained. - 13 - General Purpose and Administration Committee Minutes January 7, 2013 Resolution #GPA-018-13 Moved by Councillor Woo, seconded by Councillor Partner THAT the foregoing Resolution #GPA-017-13 be amended by deleting the first paragraph following the recitals, and replacing it with the following: "THAT the Council of the Municipality of Clarington request the following: a) THAT the Corporate Board hold a special meeting; and b) THAT the Corporate Board rescind the Corporate Board's appointment of Mary Novak onto the Veridian Connections Board of Directors at the special meeting;" CARRIED RECESS Resolution #GPA-019-13 Moved by Councillor Neal, seconded by Councillor Traill THAT the Committee recess for 10 minutes to allow Staff to review the Veridian appointment records. CARRIED The meeting reconvened at 2:09 p.m. The foregoing Resolution #GPA-017-13 was then put to a vote and carried as amended. COMMUNICATIONS There were no items considered under this section of the Agenda. - 14 - General Purpose and Administration Committee Minutes January 7, 2013 CONFIDENTIAL REPORTS CLOSED SESSION Resolution #GPA-020-13 Moved by Councillor Partner, 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 the following: • a verbal report from the Municipal Solicitor regarding revised applications for a draft plan of subdivision and rezoning by Bonnydon Limited, Highway 2, Courtice, a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and • a verbal report from the Municipal Solicitor regarding St. Marys Cement v. Clarington, Court of Appeal decision, a matter that 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 3:11 p.m. with Mayor Foster in the Chair. Mayor Foster advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed regarding the St. Marys Cement v. Clarington, Court of Appeal decision. CONFIDENTIAL VERBAL REPORT FROM THE MUNICIPAL SOLICITOR REGARDING REVISED APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND REZONING, BONNYDON LIMITED, HIGHWAY 2, COURTICE Resolution #GPA-021-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the confidential verbal report from the Municipal Solicitor, regarding revised applications for a draft plan of subdivision and rezoning by Bonnydon Limited, Highway 2, Courtice, be received for information. CARRIED - 15 - General Purpose and Administration Committee Minutes January 7, 2013 ADJOURNMENT Resolution #GPA-022-13 Moved by Councillor Partner, seconded by Councillor Neal THAT the meeting adjourn at 3:12 p.m. CARRIED `4 / YOR DI-PUTY CLERK - 16 -