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HomeMy WebLinkAbout12/09/2013 As amended at January 6, 2014 GPA Meeting General Purpose and Administration Committee Minutes December 9, 2013 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, December 9, 2013 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 (until 2:49 p.m.) Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison 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 Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Mayor Foster chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Hooper declared a pecuniary interest in Report PSD-075-13, regarding Applications for an Official Plan Amendment and Rezoning to Permit a Drive-Through Restaurant, a Restaurant, a Bank with a Drive-Through and Two Office Buildings, One with Ground Floor Retail and Restaurant Uses. Later in the meeting, Councillor Neal declared a perceived pecuniary interest in Report LGL-012-13 regarding the Forced Road – 4826 Concession Road 6, Newtonville. - 1 - General Purpose and Administration Committee Minutes December 9, 2013 ANNOUNCEMENTS Councillor Woo announced the following upcoming events:  Clarington Public Library’s “Make an Ornament” on Wednesday, December 11, 2013 between 10:30 a.m. to 11:30 a.m. at the Newcastle Branch.  Clarington Toro AAA Zone Day will be hosting the South Central Coyotes on Saturday, December 14, 2013 at the Garnet B. Rickard Recreation Complex.  Bowmanville Zoo’s Animal’s Gift event on December 14, 15, 21, 22, 28, and 29.  Two vigils on Saturday, December 7, 2013 and Sunday, December 8, 2013 in honour of Limba the Elephant. Councillor Hooper announced the following events:  Clarington Older Adult Association’s Christmas Luncheon on Wednesday, December 11, 2013.  Hampton Breakfast with Santa on Saturday, December 14, 2013 at the Hampton Community Hall.  Clarington Older Adult Association’s Christmas Concert on Thursday, December 12, 2013 at the Beech Centre.  Bowmanville Annual Tree Lighting Ceremony on Friday, December 6, 2013.  Donation from Republic Live of $10,000 to the Bowmanville Hospital Foundation. Councillor Novak announced the following upcoming events:  Big Brothers Big Sisters Night with the Clarington Eagles on Sunday, December 8, 2013.  Courtice Lions Club’s Annual Free Kids Skate with Santa, Craft and Bake Sale on Sunday, December 8, 2013 at the South Courtice Arena.  Memorial held for Limba, the Elephant, on Sunday, December 8, 2013. Councillor Partner announced the following:  Open House at the Gift of Art on Monday, December 9, 2013 between 6:00 p.m. to 8:00 p.m. in Newcastle.  172 Clarington Air Cadet Squadron Mess Dinner and Dance on Saturday, December 14, 2013 at the Newcastle Community Hall.  St. Saviours Anglican Church’s Two Day Bake Sale on Saturday, December 14, , 2013 and Sunday, December 152013 in the Church Hall in Orono.  Orono Town Hall will be hosting “Elvis, a Tribute to the King. Rocking” on New Year’s Eve. - 2 - General Purpose and Administration Committee Minutes December 9, 2013  Nominations are open for Ontario’s Outstanding Young Farmer for 2014 and must be received by December 15th, 2013. The forms can be downloaded from www.oyfontario.ca Mayor Foster announced the following events:  Clarington Board of Trade Open House on Tuesday, December 10, 2013 from 7:30 a.m. to 9:00 a.m.at their offices in Bowmanville.  Clarington Board of Trade’s Simply Social on Thursday, December 12, 2013 from 5:00 p.m. to 7:00 p.m.  Special General Purpose and Administration Committee budget workshop on Tuesday, December 10, 2013 at 9:30 a.m. at the Solina Community Hall.  Grand Opening of the Fish Ladder Project on-site on December 16, 2013, at 2:00 p.m.  Faith United Church’s Christmas Concert on Sunday, December 15, 2013 from 3:00 p.m. to 5:00 p.m. on Nash Road in Courtice.  Municipality of Clarington’s United Way Committee’s Auction ends at 2:00 p.m. on Thursday, December 12, 2013.  Bowmanville Annual Tree Lighting Ceremony on Friday, December 6, 2013.  Memorial held for Limba, the Elephant, on Sunday, December 8, 2013. MINUTES Resolution #GPA-571-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on November 25, 2013, be approved. CARRIED Councillor Woo chaired this portion of the meeting. PUBLIC MEETING Subject: (a) Applications for Proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment Applicant: Port Darlington Land Corporation Report: PSD-073-13 Anne Taylor Scott, Planner, made a verbal and electronic presentation to the Committee regarding the application. - 3 - General Purpose and Administration Committee Minutes December 9, 2013 Don Wilkinson, local resident of 30 years, spoke in opposition to the application. Mr. Wilkinson stated that he is very aware of the geographical grade of the land. Mr. Wilkinson’s concern is fire safety, in recognition of the “hole in the wall” location. He is concerned that the ladder trucks cannot pass through the location. Mr. Wilkinson also expressed concern regarding potential derailments. He informed the Committee that he has observed, in the past 30 years, two derailments on top of the “hole in the wall’ railway crossing. Mr. Wilkinson informed the Committee that recent news indicates that there is approximately one derailment every day in Canada. His railway concerns stem from the grade of the railway crossing. Mr. Wilkinson requested that the Committee recommend to Council and Staff that this matter be referred to a railway safety expert regarding the grade, condition of the tracks and why there have been derailments in the area in the past. He stated that he is concerned with the West Development sewage capacity leapfrogging ahead of other developments. Al Mellor, local resident of four years, spoke in opposition to the application. Mr. Mellor stated that he was present on behalf of some of the other residents. He asked which road will be used to access the construction site. Mr. Mellor also asked the Committee or applicant to confirm the location of the parkette. Further, he asked to be informed of the timeframe for construction and sales and if there will be an opportunity to meet with the builder at a later date. No one spoke in support of the application. Kelvin Whalen, Kaitlin Corporation and Port Darlington Corporation, the applicant, was present to answer questions from the Committee. He confirmed that a noise study will form part of the application process. Mr. Whalen also confirmed that there are three points of access to the site. He confirmed that the plan is to build the homes as they are sold. Mr. Whalen informed the Committee that the parkette was not eliminated but it was moved to the south side of the subject lands. He informed the Committee that there is a planned future grade separation for the railway crossing, as part of the development charges plan. Subject: (b) Applications for Proposed Official Plan Amendment and Zoning By-law Amendment Applicant: Republic Live Inc. Report: PSD-074-13 Anne Taylor Scott, Planner, made a verbal and electronic presentation to the Committee regarding the application. Mark Osborn, local resident, spoke in opposition to the application. He stated that he had purchased his property in late August, 2013. Mr. Osborn informed the Committee that he had received a package of information including previous meeting minutes and arial photos of the previous Boots & Hearts Concert. He informed the Committee that - 4 - General Purpose and Administration Committee Minutes December 9, 2013 he stores a large quantity of firewood on his unfenced property. Mr. Osborn asked that the applicant erect a temporary fence on three sides of his property to stop concert goers and campers from accessing his property. He noted that his wife will need unencumbered access to the road to attend her place of work throughout the event. Mr. Osborn informed the Committee that he will inform them of any issues during the 2014 Concert. While he doesn’t anticipate an issue in camping for the Boots & Hearts Concert, he would be concerned if camping was regularly allowed on an ongoing basis for many events. Rob Whitehead, local resident of 13 years, spoke in opposition to the application. He noted that he owns three road frontages as part of his 65 acres. Mr. Whitehead informed the Committee that he has 30 photos from the 2013 Boots & Hearts Concert. He stated that he was greatly inconvenienced by the high number of cars parked around his house. Mr. Whitehead informed the Committee that it took 2 ½ hours to get out of the area. He stated that his cell phone reception was shut down due to the event and that this may have impeded the ability to access emergency services. Mr. Whitehead informed the Committee that cars were parked on the road near his property for 8-10 hours. He witnessed concert goers defecating; urinating; turning around in the driveway; looking for firewood, fuel and refreshments. Mr. Whitehead informed the Committee that the various issues he encountered, including garbage, traffic and safety. Mr. Whitehead suggested that there should be more meetings with the residents. He added that, when he moved to the area, he knew there was going to be cars and racing, but the concert is a different dynamic with increased crowds. Mr. Whitehead asked to be included in future meetings on the matter. Leslie Kerrigan, local resident, spoke in opposition to the application. She was also speaking on behalf of her husband, Ken Kerrigan. She stated that she was concerned with the impact of the proposed land use on the Oak Ridges Moraine. Mrs. Kerrigan explained that the commercial use of “concerts” is not conducive with the Oak Ridges Moraine Conservation Act, which restricts camping to “light walk-in camping”. She stated that she is very concerned about the poor management of the 2013 concert which resulted in inadequate washroom facilities, insufficient garbage pickup, public intoxication, drunk driving, and insufficient staff. Mrs. Kerrigan explained that allowing the concert to continue without increasing safety and improvement management is putting the municipality in a potential liability situation. She stated that Council is responsible for keeping the concert goers and residents safe. Mrs. Kerrigan stated that, as a resident, the concert experience has caused her to feel like she is has been abandoned by Council. She asked Council to stand up to the concert promoters to stop public intoxication, drinking and driving, excess garbage, and putting citizens/concert goers at risk. Mrs. Kerrigan reminded the Committee of the July meeting where the camping was relocated. She stated that she was not impressed with the results of the relocated. Mrs. Kerrigan informed the Committee that they had purchased their property when the Canadian Tire Motorsport Park (CTMP) was not as active. She noted - 5 - General Purpose and Administration Committee Minutes December 9, 2013 that the CTMP land was a special planning node surrounded by protected lands. Mrs. Kerrigan asked why the new owners of CTMP were not made aware of the restrictions on the surrounding lands. She stated that she felt that “Buyer be Aware” should be applied to everyone. She concluded by restating that she feels abandoned by Council. RECESS Resolution #GPA-572-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT the Committee recess for 5 minutes. CARRIED The meeting reconvened at 11:39 a.m. Susan Lloyd Swail, Principal, Planit Connections Consulting Services Inc., on behalf of her clients, Mr. & Mrs. Kerrigan, spoke in opposition to the application. She made a verbal and electronic presentation to the Committee. Ms. Lloyd Swail reviewed her understanding of the proposed land use. She stated that her three key concerns are the lack of conformity with the Oak Ridges Moraine Conservation Plan (ORMCP), intensity of use/compatibility, and the management of the event. Ms. Lloyd Swail explained that the objectives of the ORMCP are conservation based, and that the Plan is prescriptive. She noted that the proposed use is not included in the Plan and questioned whether a municipality can make a site specific exemption to a Provincial Plan. Ms. Lloyd Swail suggested that the 2015 review of the Plan is an appropriate time to review the proposed land use under Section 37 of the ORMCP. She questioned whether this type of proposed use is in the ORMCP. Ms. Lloyd Swail suggested that the density of the proposed use is more suited to the Places to Grow Growth Plan. She stated that she is concerned that the applicant completed a scoped Natural Heritage Evaluation instead of a complete detailed Natural Heritage Evaluation. As a result of the scoped evaluation, Ms. Lloyd Swail contended that the document only includes the possibility of two events per year and does not take into account the intensity of the use or the impacts of the use. She also outlined the following management related issues: underage drinking, traffic management, security, public health (sanitation issues), impact on rural residential neighbours, peace and quiet enjoyment of properties, lack of consultation, and density. Ms. Lloyd Swail provided the Committee with a comparison of management practices for music festivals. She identified several management issues to be addressed should the applications be approved. - 6 - General Purpose and Administration Committee Minutes December 9, 2013 SUSPEND THE RULES Resolution #GPA-573-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the Rules of Procedure be suspended to allow Ms. Swail to speak for an additional two minutes. CARRIED Ms. Lloyd Swail concluded by summarizing her three main issues with the proposed use. Kevin Anyan, owner of King’s Court Catering, spoke in support of the application. He stated that it shows great foresight to allow temporary camping on the proposed site. Mr. Anyan stated that there is a separation of land use and management of an event. He suggested that, even if Boots & Hearts does not return, the approval of this land use will allow for other types of events. Mr. Anyan informed the Committee that CTMP has invested more locally than any other private business east of Canada’s Wonderland. He stated that Boots & Hearts pays a premium for the use of the track. Mr. Anyan stated that, if we continue to put limitations on events at CTMP, it will affect future community investment and revenue at CTMP. He stated that, although there are management concerns, these should not be tied to the land use. Brad Black, owner of Black Water Supply and Black’s Ice, spoke in support of the application. He stated that he has been in business for 23 years. Mr. Black informed the Committee that Boots & Hearts has had the largest financial impact on the local area than he has ever seen. He noted that he did not have the ice contract for the Boots & Hearts concert. Mr. Black informed the Committee that his business increased 3-4 times as a result of his customer’s increased business during the concert period. He stated that it is the largest weekend of the year for the Bowmanville Restaurant. Mr. Black noted that there was a large number of local residents attending the concert. Mr. Black informed the Committee that he did not witness traffic problems on Highway 57 the several times that he was travelling to and from the park. He added that he did notice a large police presence. Mr. Black concluded by reminding the Committee that the economic impact is very positive for Clarington. Valerie Cranmer, on behalf of Republic Live, and Gary Papin, from Stantec, were present to answer questions from the Committee. Mr. Papin confirmed that the goal is to try to disperse the traffic and provide a larger number of access points for the concert. Ms. Cranmer stated that it is her opinion that the application is consistent with the Provincial Policy Statement, ORMCP, and the Durham Region Official Plan. She confirmed that the applicant will be making a site plan application and a detailed traffic management plan for the 2014 concert. Mr. Papin confirmed that the schedule needs to - 7 - General Purpose and Administration Committee Minutes December 9, 2013 be added to the traffic management plan and is subject to more discussions and negotiations. Shannon McNevan, on behalf of the applicant, was present to address the concerns raised by the public. Mr. McNevan stated that he had reached out to the neighbours. He added that 40 people attended the public meeting in May, 2013 but Mr. Whitehead and Mr. & Mrs. Kerrigan were not present at that meeting. He clarified that the traffic management plan is a work in progress. Mr. McNevan informed the Committee that there were over 500 port-a-potties and six showers at the 2013 event. He stated that there was an average of approximately 3.4 persons on the campsites. Mr. McNevan informed the Committee that he is not an expert on concerts yet, but he is surrounding himself with experts. He announced that the gates, parking and camping personnel will be different in 2014 and managed by experts in the field. Mr. McNevan concluded that the event will be better managed next year as a result of hiring these experts. RECESS Resolution #GPA-574-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the Committee recess for one hour. CARRIED The meeting reconvened at 2:04 p.m. Subject: (c) Applications for Proposed Official Plan Amendment and Zoning By-law Amendment Applicant: 668390 Ontario Limited (Kaitlin Corporation) Report: PSD-075-13 Councillor Hooper declared a pecuniary interest in Report PSD-075-13, regarding Applications for an Official Plan Amendment and Rezoning to Permit a Drive-Through Restaurant, a Restaurant, a Bank with a Drive-Through and Two Office Buildings, One with Ground Floor Retail and Restaurant Uses, as the retail space could impact downtown Bowmanville where he owns property. Councillor Hooper left the room and refrained from discussion and voting on this matter. Ruth Porras, Senior Planner, made a verbal and electronic presentation to the Committee regarding the application. - 8 - General Purpose and Administration Committee Minutes December 9, 2013 Ornella Richichi, Executive Vice President, Land Development, for SmartCentres, on behalf of Bowmanville Shopping Centres, spoke in opposition to the application. Ms. Richichi provided the Committee with background regarding the Bowmanville Shopping Centres. She noted that the lengthy approvals process and planning restrictions have slowed the development of the Bowmanville Shopping Centres. Ms. Richichi asked that all commercial development, within the Bowmanville West development area, be treated in a consistent manner. She explained that there is a currently a limit of two banking institutions allowed and that this proposal seeks a third. Ms. Richichi concurred that there is a demand for additional banking institutions in the area and SmartCentres has tried, over the years, to lift the restriction, but to no avail. She asked that the banking restriction be lifted for the entire Bowmanville West commercial area (rather than site specific) so that all developments are treated equally. Ms. Richichi explained that the unit sizes have been restricted in the Bowmanville Shopping Centres development, which has hindered their ability to lease remaining units in the Centre. She noted that the Bowmanville West development does not contain the same development criteria and restrictions. Beth Kelly, Valiant Rental Properties, owners of plazas near the subject property, spoke in opposition to the application. She stated that she is concerned about the addition of more financial institutions in the area, which is over and above the allowances by the Zoning By-law. Ms. Kelly explained that an increase in banking institutions would create too much competition for banking. She added that she is also concerned about the increasing number of restaurants in the same area. Ms. Kelly explained that it is becoming difficult to make deals with larger tenants. She is concerned and nervous with the number of restaurants and their viability. No one spoke in support of the application. Tony Biglieri, Planning Consultant, Biglieri Group, on behalf of the applicant, was present to answer questions from the Committee. Mr. Biglieri explained that the planning studies show that walking traffic will be higher for this development than other similar developments in the area. Councillor Hooper returned to the meeting. Councillor Novak chaired this portion of the meeting. Subject: (d) Future Highway Closing – Unopened Road Allowances Situated in Lot 17, Concession 5 Report: EGD-040-13 No one spoke in opposition to or in support of the application. - 9 - General Purpose and Administration Committee Minutes December 9, 2013 Mayor Foster chaired this portion of the meeting. DELEGATIONS DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR, AND RON ROBINSON, PRESIDENT, CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE Ron Robinson, President, Clarington Board of Trade (CBOT), was present regarding an Economic Update. Mr. Robinson thanked the Municipality for their work on the Lake Road Extension Project. He noted that the CBOT is working with an agent for the property to look at a new program being delivered through the Ministry of Economic Development, Trade and Employment to explore having the site certified in their new site certification program. Mr. Robinson explained that the benefit of certification is that the Province will actively market certified properties. He suggested that this project th could spur an economic development fund. Mr. Robinson noted that the 5 Annual Energy Summit and the Familiarization Tour were both successful. He informed the Committee that Atlantic Nuclear has decided to locate at 1100 Bennett Road, bringing 25 new employees to the area in January. Mr. Robinson informed the Committee that Stuttering Johns BBQ will be locating to the Hilltop location in Courtice. He added that the CBOT is working with a new enterprise partner to occupy the basement portion of the Hilltop building. Mr. Robinson informed the Committee that the CBOT is working with Clarington’s youth who are embracing innovation. He explained that the CBOT is helping guide them to make their businesses a success. Mr. Robinson informed the Committee that the CBOT is working on a new promotional video, highlighting local industry, which is to be launched at the Annual General Meeting in April, 2014. He stated that the CBOT has initiated meetings with the joint Chambers of Commerce of Durham to bring the impact of rising energy prices on local businesses to the Province. Mr. Robinson informed the Committee that the CBOT has hosted representatives from the Ministry of Agriculture to tour Clarington’s assets with a goal to bringing Clarington to the top of mind when the Ministry is working with their clients. He added that the CBOT made a similar presentation to the field staff of Ministry of Economic Development, Trade and Employment, in Toronto. Sheila Hall answered questions from the Committee. Councillor Traill left the meeting at 2:49 p.m. - 10 - General Purpose and Administration Committee Minutes December 9, 2013 DELEGATION OF TIM JOHNSTON REGARDING REPORT CSD-010-13 – CLARINGTON FITNESS CENTRE – PROPOSED RENOVATION Tim Johnston was present regarding Report CSD-010-13 – Clarington Fitness Centre – Proposed Renovation. He made a verbal presentation to accompany an electronic presentation. Mr. Johnston explained that he is concerned that Report CSD-010-13 does not reflect the accurate number of squash members. He provided the Committee with background information on squash playing in Clarington. Mr. Johnston asked for details on the usage of the squash court and the costs of an additional squash court. He concluded by urging the Committee to consider adding an additional squash court as part of the proposed renovations to the Clarington Fitness Centre. DELEGATION OF JO-ANN AND PETER MIAN REGARDING REPORT LGL-012-13 FORCED ROAD – 4826 CONCESSION ROAD 6, NEWTONVILLE Councillor Neal declared a perceived pecuniary interest in Report LGL-012-13 regarding the Forced Road – 4826 Concession Road 6, Newtonville because he has a former client who resides in the area. Councillor Neal left the room and refrained from discussion and voting on this matter. Jo-Ann and Peter Mian were present regarding Report LGL-012-13 Forced Road – 4826 Concession Road 6, Newtonville. Mr. Mian asked for confirmation that the correspondence requesting postponement of the matter to January, 2014 has been received. DELEGATION OF SHEILA HALL, EXECUTIVE DIRECTOR, AND RON ROBINSON, PRESIDENT, CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE - Continued Resolution #GPA-575-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the delegation of Sheila Hall and Ron Robinson, regarding an Economic Update, be received with thanks. CARRIED Councillor Neal returned to the meeting. - 11 - General Purpose and Administration Committee Minutes December 9, 2013 PRESENTATIONS PRESENTATION OF DENNY BRYAN, PRINCIPAL, BARRY BRYAN ASSOCIATIONS (1991) LIMITED, REGARDING REPORT CSD-010-13, CLARINGTON FITNESS CENTRE – PROPOSED RENOVATION Denny Bryan, Principal, Barry Bryan Associations (1991) Limited, was present regarding Report CSD-010-13, Clarington Fitness Centre – Proposed Renovation. He made a verbal presentation to accompany an electronic presentation. Mr. Bryan provided the Committee with a background on the process of developing plans for the proposed renovation. He explained the project objectives, challenges, and restraints. Mr. Bryan explained that the various options have been developed with input from staff, interest groups/users and the public, while addressing various priorities at different costs. He noted that the next step is to obtain Council approval of a preferred scheme, followed by final designs, the tender, and the plan to complete constructions to minimize recreation downtime. Councillor Partner left the meeting at 3:55 p.m. Councillor Woo chaired this portion of the meeting. PLANNING SERVICES DEPARTMENT APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW FOR A DRAFT PLAN OF SUBDIVISION TO ALLOW FOR DEVELOPMENT OF 253 RESIDENTIAL LOTS APPLICANT: PORT DARLINGTON LAND CORPORATION Resolution #GPA-576-13 Moved by Councillor Hooper, seconded by Mayor Foster THAT Report PSD-073-13 be received; THAT the applications to amend the Clarington Official Plan (COPA 2013-0002) and Zoning By-law (ZBA 2013-0028) and for a proposed Draft Plan of Subdivision (S-C-2013-002), submitted by Port Darlington Land Corporation, continue to be processed and that a subsequent report be prepared; and THAT all interested parties listed in Report PSD-073-13 and any delegations be advised of Council's decision. CARRIED Councillor Partner returned to the meeting at 3:59 p.m. - 12 - General Purpose and Administration Committee Minutes December 9, 2013 AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK APPLICANT: REPUBLIC LIVE INC. Resolution #GPA-577-13 Moved by Councillor Novak, seconded by Mayor Foster THAT Report PSD-074-13 be received; THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by Republic Live Inc., to allow camping and ancillary uses, continue to be processed and that a subsequent report be prepared; and THAT all interested parties listed in Report PSD-074-13 and any delegations be advised of Council's decision. CARRIED AS AMENDED (See following motion) Resolution #GPA-578-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the foregoing Resolution #GPA-577-13 be amended by adding the following the second paragraph: “THAT Report PSD-074-13 be forwarded to both the Agricultural Advisory Committee of Clarington and the Sustainable Clarington Community Advisory Committee for comment.” CARRIED The foregoing Resolution #GPA-577-13 was then put to a vote and carried as amended. - 13 - General Purpose and Administration Committee Minutes December 9, 2013 APPLICATIONS FOR AN OFFICIAL PLAN AMENDMENT AND REZONING TO PERMIT A DRIVE-THROUGH RESTAURANT, A RESTAURANT, A BANK WITH A DRIVE-THROUGH AND TWO OFFICE BUILDINGS, ONE WITH GROUND FLOOR RETAIL AND RESTAURANT USES APPLICANT: 668390 ONTARIO LTD. (KAITLIN CORPORATION) Councillor Hooper declared a pecuniary interest in Report PSD-075-13, regarding Applications for an Official Plan Amendment and Rezoning to Permit a Drive-Through Restaurant, a Restaurant, a Bank with a Drive-Through and Two Office Buildings, One with Ground Floor Retail and Restaurant Uses, as the retail space could impact downtown Bowmanville where he owns property. Councillor Hooper left the room and refrained from discussion and voting on this matter. Resolution #GPA-579-13 Moved by Mayor Foster, seconded by Councillor Neal THAT Report PSD-075-13 be received; THAT the applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by 668390 Ontario Ltd. (Kaitlin Corporation) to permit a drive-through restaurant, a restaurant, a bank with a drive-through and two office buildings, one with ground floor retail and restaurant uses continue to be processed; and THAT all interested parties listed in Report PSD-075-13 and any delegations be advised of Council’s decision. CARRIED Councillor Hooper returned to the meeting. Councillor Novak chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT PROPOSAL TO CLOSE AND CONVEY TWO ADJOINING RIGHT-OF-WAYS SITUATED IN LOT 17 CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON (HAMPTON) Resolution #GPA-580-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report EGD-040-13 be received; - 14 - General Purpose and Administration Committee Minutes December 9, 2013 THAT the applicant pay all advertising, legal, appraisal and $31,421 in land costs associated with this transaction; THAT Council pass the by-law attached to Report EGD-040-13 to close and convey two adjoining unopen right-of-ways being two lanes created by Plan H50066 and Plan H50067 situated in Lot 17, Concession 5, former Darlington Township (Hampton) to 562503 Ontario Limited; and THAT 562503 Ontario Limited and Honey Harbour Estates Ltd. and any interested party be notified of Council’s decision. CARRIED OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT THIRD QUARTER ACTIVITY REPORT – 2013 Resolution #GPA-581-13 Moved by Mayor Foster, seconded by Councillor Novak THAT Report ESD-007-13 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT See Report under Unfinished Business Section of Agenda. Councillor Novak chaired this portion of the meeting. - 15 - General Purpose and Administration Committee Minutes December 9, 2013 CLERK’S DEPARTMENT CLARINGTON’S VOLUNTEER RECOGNITION PROGRAM Resolution #GPA-582-13 Moved by Mayor Foster, seconded by Councillor Hooper THAT Report CLD-026-13, Clarington’s Volunteer Recognition Program, be referred back to Staff to report back on costing for an Option 6, a volunteer celebration to be held every two years, with no awards, greetings, no guest speakers, and THAT recognition be accomplished through the volunteer yearbook and municipal website. CARRIED Mayor Foster chaired this portion of the meeting. APPOINTMENT TO CLARINGTON MUSEUMS AND ARCHIVES BOARD AND CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE CLOSED SESSION Resolution #GPA-583-13 Moved by Councillor Partner, seconded by Councillor Novak THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Report CLD-030-13 regarding a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. CARRIED RISE AND REPORT The meeting resumed in open session at 4:44 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. - 16 - General Purpose and Administration Committee Minutes December 9, 2013 Resolution #GPA-584-13 Moved by Councillor Partner, seconded by Councillor Novak THAT Report CLD-030-13 be received; THAT Michelle Speelman-Viney be thanked for her contribution to the Clarington Museums and Archives Board; THAT Staff be directed to re-advertise for the vacancy on the Clarington Museums and Archives Board; THAT Jennifer Forde be thanked for her contribution to the Clarington Accessibility Advisory Committee; THAT Julie Michalejko-Earl be appointed to the Clarington Accessibility Advisory Committee for a term concurrent with the term of Council; and THAT all interested parties listed in Report CLD-030-13 be advised of Council’s decision. CARRIED CORPORATE SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. RECESS Resolution #GPA-585-13 Moved by Councillor Hooper, seconded by Councillor Woo THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 5:10 p.m. - 17 - General Purpose and Administration Committee Minutes December 9, 2013 FINANCE DEPARTMENT TIMING OF SOUTH BOWMANVILLE MULTI-USE FACILITY Resolution #GPA-586-13 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report FND-018-13 be received for information. CARRIED DEVELOPMENT CHARGES ACT CONSULTATIONS Resolution #GPA-587-13 Moved by Councillor Novak, seconded by Councillor Woo THAT Report FND-019-13 be received; THAT Attachment “C” of Report FND-019-13 be endorsed as the Municipality of Clarington’s comments with respect to the Ministry of Municipal Affairs and Housing consultations on the Development Charges Act, 1997, parkland dedication and Section 37 of the Planning Act density bonusing; THAT the Province of Ontario be requested to remove Section 5(1), paragraph 8 of the Development Charges Act, the step in “Determination of development charges” that requires municipalities to reduce their capital costs by 10%; THAT the Province of Ontario be requested to update Section 5(1), paragraph 4, which provides that the service levels development charges are based on is an average service level for the previous ten years, with more permissive language whereby municipalities may apply development charges in ways that best suit their local growth- related needs and priorities; THAT the Province of Ontario be requested to eliminate Section 2(4), “Ineligible services,” so that all services are eligible for development charges; THAT the legislation be clearly structured to permit the gross population to be used in determining the allowable funding envelopes for development charges calculations; - 18 - General Purpose and Administration Committee Minutes December 9, 2013 THAT the Development Charges Act be structured to promote the implementation of the Growth Plan for the Greater Golden Horseshoe, specifically to facilitate improved transit infrastructure across the entire Greater Golden Horseshoe, to encourage intensification and to minimize future expansions of the urban boundary; THAT no changes be made to the cash-in-lieu of parkland provisions of the Planning Act; and THAT a copy of Report FND-019-13, including Attachment “C” of Report FND-019-13 be copied to the Association of Municipalities of Ontario, Municipal Finance Officers Association, the Ministry of Municipal Affairs and Housing, John O’Toole, M.P.P. Member for Durham, and the Region of Durham. CARRIED ASSET MANAGEMENT PLAN – ROADS AND BRIDGES Resolution #GPA-588-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report FND-020-13 be received; THAT the Asset Management Plan for the Municipality of Clarington, Attachment “A” of Report FND-020-13, be adopted as Clarington’s Asset Management Plan for Roads and Bridges to comply with the requirements of the Small Rural and Northern Municipal Infrastructure Fund – Capital Program; and THAT a copy of Report FND-020-13, including Attachment “A” of Report FND-020-13, be forwarded to the Ministry of Rural Affairs, to comply with the grant application guidelines and to the Ministry of Municipal Affairs and Housing, Municipal Finance Branch. CARRIED - 19 - General Purpose and Administration Committee Minutes December 9, 2013 SOLICITOR’S DEPARTMENT FORCED ROAD - 4826 CONCESSION ROAD 6, NEWTONVILLE Councillor Neal declared a perceived pecuniary interest in Report LGL-012-13 regarding the Forced Road – 4826 Concession Road 6, Newtonville because he has a former client who resides in the area. Councillor Neal left the room and refrained from discussion and voting on this matter. Resolution #GPA-589-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Jo-Ann and Peter Mian be instructed to remove the stop sign located at the end of their driveway; and THAT Staff advise Jo-Ann and Peter Mian that no action will be taken in response to any of the options that they have presented to Council. CARRIED Councillor Neal returned to the meeting. CHIEF ADMINISTRATIVE OFFICER SUSTAINABILITY CLARINGTON COMMUNITY ADVISORY COMMITTEE RECOMMENDATION #1 FOLLOW-UP Resolution #GPA-590-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report CAO-011-13 be received for information. CARRIED - 20 - General Purpose and Administration Committee Minutes December 9, 2013 UNFINISHED BUSINESS CLARINGTON FITNESS CENTRE – PROPOSED RENOVATION Resolution #GPA-591-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report CSD-010-13 be received; THAT Council approve the Basic Amenities Option at a preliminary construction budget of $2,850,000; THAT Staff be instructed to request that the consultant provide costing for construction of an additional squash court; THAT the growth related portion be financed from the Municipal Capital Works Reserve Fund in the amount of $508,000; THAT the balance of financing of $2,342,000 is recommended to be financed from the following sources: Community Services Capital Reserve Fund $48,000 (unspent 2013 design budget) Community Services Capital Reserve Fund $400,000 Community Services Building Refurbishment Reserve Fund $200,000 Impact/Escrow Reserve Fund $600,000 Municipal Government Enterprise Reserve Fund $500,000, and General Municipal Purposes Reserve Fund $594,000; THAT to the extent possible in the future, the financing of $508,000 from the Municipal Capital Works Reserve Fund be repaid from future collections of the Indoor Recreation component of the Development Charges; and THAT all interested parties listed in the report be advised of Council’s decision. CARRIED - 21 - General Purpose and Administration Committee Minutes December 9, 2013 NOISE FENCE FOR LOTS ON WEST SIDE OF VIVIAN DRIVE Resolution #GPA-592-13 Moved by Councillor Neal, seconded by Councillor Novak THAT Report PSD-072-13, regarding Noise Fence for Lots on West Side of Vivian Drive, be referred back to Staff to write to residents and inquire as to whether the residents were provided with a copy of a site plan, at the time of signing, showing the outdoor amenity area to be in the yard; and THAT Staff report back to the January 6, 2014 General Purpose and Administration Committee meeting. MOTION LOST LATER IN THE MEETING (See following motions) CLOSED SESSION Resolution #GPA-593-13 Moved by Councillor Novak, seconded by Councillor Neal THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Report PSD-072-13, regarding Noise Fence for Lots on West Side of Vivian Drive, regarding 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 6:26 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. The foregoing Resolution #GPA-592-13 was then put to a vote and was lost. - 22 - General Purpose and Administration Committee Minutes December 9, 2013 Resolution #GPA-594-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT Report PSD-072-13 and Addendum to Report PSD-072-13 be received; and THAT all interested parties listed in Addendum to Report PSD-072-13 and any delegations be advised of Council's decision. CARRIED OTHER BUSINESS PROCLAIMING LIMBA, THE ELEPHANT, AS AN HONOURARY CITIZEN OF THE MUNICIIPALITY OF CLARINGTON AND NAMING A STREET ‘LIMBA WAY” Resolution #GPA-595-13 Moved by Councillor Woo, seconded by Councillor Partner WHEREAS the Bowmanville Zoo has been unanimously recognized by the Municipality of Clarington for their animal care and promotion and education of the animal kingdom and as a animal rescue facility; AND WHEREAS in 1989 the Bowmanville Zoo came into the possession of a rescued Asian elephant named Limba; AND WHEREAS Limba flourished through the loving care provided by Michael Hackenberger, Bowmanville Zoo Manager & Curator; Dr. Wendy Korver, Veterinarian and girlfriend to Limba; Robert Crawford, trainer, sidekick and trusted & loving friend; and Anne “Annie” Wilson, grandmother figure; AND WHEREAS Limba was a surrogate babysitter to Dirk and Kurt Hackenberger; AND WHEREAS Limba was a fixture in and around Bowmanville and it was not uncommon to see Limba strolling through downtown Bowmanville; AND WHEREAS Limba was a great supporter and was present at such events as the Terry Fox Run, MS Walk, on the bridge during the Highway of Heroes honouring our fallen, Bowmanville Santa Claus Parade, and Valleys 2000 fundraiser; AND WHEREAS The Municipality of Clarington and people around the globe have embraced an elephant known as Limba; - 23 - General Purpose and Administration Committee Minutes December 9, 2013 AND WHEREAS Limba made her home at the Bowmanville Zoological Park in the Municipality of Clarington for almost a quarter century; AND WHEREAS Limba was a shining example for all to see that the interaction between the animal kingdom and humans can be one of love and harmony and inclusiveness and acceptance; NOW THEREFORE BE IT RESOLVED THAT Limba be proclaimed as an Honourary Citizen of the Municipality of Clarington; THAT the Street Naming Policy of the Municipality of Clarington be waived to have an appropriate street within the Schickendanz Development be named Limba Way; and THAT the Hackenberger Family, Robert Crawford, Annie Wilson and the Bowmanville Zoological Family be informed of this proclamation. CARRIED HYDRO ONE TRANSFORMER SITE OFF OF TOWNLINE ROAD NORTH OF THE 7TH CONCESSION Resolution #GPA-596-13 Moved by Councillor Novak, seconded by Councillor Hooper WHEREAS in November 2012 Hydro One Networks Inc. submitted a Draft Environmental Study Report for the Clarington Transformer Station Project on the north west quadrant of Concession 7 and Townline Road; AND WHEREAS the Municipality and other commenting agencies found the ESR document to be lacking in rigour compared to other ESR’s and supporting background information was not included in the documentation or available to the public; AND WHEREAS additional work by Hydro One has been required by the Ministry of Environment to address information gaps; AND WHEREAS the recently released Long-Term Energy Plan “Achieving Balance” identifies that the Ontario Power Authority will give greater consideration to local priorities and acknowledges that the Clarington Transformer Station project is pending a decision from the Minister of Environment on whether an individual Environmental Assessment is required; - 24 - General Purpose and Administration Committee Minutes December 9, 2013 NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request Hydro One Networks Inc. to provide funding to the Municipality to carry out a peer review as it is typical for development and site alteration on the Oak Ridges Moraine and a requirement of the Clarington Official Plan (policy 4.4.39); THAT the Minister of Environment be requested to “bump-up” the Clarington Transformer Station project to an individual Environmental Assessment, and THAT this resolution be circulated to John O’Toole, MPP, Durham Region, CLOCA, the CRC Source Water Protection Committee for support. CARRIED PROCESS TO FILL VACANCY ON SUSTAINABLE CLARINGTON COMMUNITY ADVISORY COMMITTEE Resolution #GPA-597-13 Moved by Councillor Hooper, seconded by Councillor Novak WHEREAS Neil Allin has regrettably resigned as a member of the Sustainable Clarington Community Advisory Committee; AND WHEREAS Mr. Allin’s resignation leaves the Committee without the advantage of a key component of our community represented – the agricultural community – as the Committee embarks on its next stage of work that will see it develop goals and actions in each of the four spheres of sustainability (economic, environmental, social and cultural) to foster a community-wide culture of sustainability; AND WHEREAS the Committee will begin this goal setting work with a special facilitated meeting on January 23, 2014; AND WHEREAS Council does not have the advantage of other community members with an agricultural background having submitted interest in serving on this Committee when Council set up the Committee earlier this year; AND WHEREAS the Agricultural Advisory Committee of Clarington has served the Municipality and the community well and have deep knowledge of the agricultural community and its members; - 25 - General Purpose and Administration Committee Minutes December 9, 2013 NOW THEREFORE BE IT RESOLVED THAT Council request the Agricultural Advisory Committee of Clarington to recommend to Council the names of persons who could serve on the Sustainable Clarington Community Advisory Committee to enable Council to select from these names a person to fill the vacancy on this Committee and for the Committee to have the advantage of the agricultural voice in time for its goal setting work starting later in January; and THAT a letter of thanks be sent to Neil Allin. CARRIED COURTICE COMMUNITY COMPLEX VACANT SPACE TO BE OFFERED TO CLARINGTON OLDER ADULTS ASSOCIATION Resolution #GPA-598-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the vacant space located at the Courtice Community Complex be offered to the Clarington Older Adults Association. REFERRED TO STAFF (See following motion) Resolution #GPA-599-13 Moved by Councillor Hooper, seconded by Councillor Novak THAT the foregoing Resolution #GPA-598-13 be referred to Staff for a report to be considered at the January 6, 2014 General Purpose and Administration Committee meeting. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. - 26 - i General Purpose and Administration Committee Minutes December 9, 2013 i CONFIDENTIAL REPORTS OMB APPEAL OF FRONT ENDING AGREEMENT WITH GREEN-MARTIN HOLDINGS LTD., ASPEN SPRINGS WEST LTD., AND WEST DIAMOND PROPERTIES INC. DATED JUNE 18, 2013 Resolution #GPA-600-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the recommendations contained in the Confidential Report LGL-011-13 be approved. CARRIED ADJOURNMENT Resolution #GPA-601-13 Moved by Councillor Partner, seconded by Councillor Woo THAT the meeting adjourn at 6:52 p.m. CARRIED M O Q UTY C.L RK - 27 -