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HomeMy WebLinkAbout07/05/1999 ~ ,/ . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were: Absent: Also Present: July 5, 1999 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, July 5, 1999 at 9:30 a.m., in the Council Chambers. Acting Mayor Schell Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor C. Trim Councillor T. Young Mayor Hamre (on vacation) Chief Administrative Officer, F. Wu Community Services, J. Caruana Fire Chief, M. Creighton Treasurer, M. Marano Manager, Development Review Branch, L. Taylor Director of Public Works, S. Vokes Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Acting Mayor Schell chaired this portion of the meeting. MINUTES Councillor Novak indicated that she would be disclosing a pecuniary interest with respect to Addendum to Report PD-70-99 and all delegations related thereto. Resolution #GPA-354-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on June 21,1999, be corrected as follows: . Page 2, item (d), correction to the spelling of Chris Conti: and . Page 4, item (m), change the words "as a cat owner" to read "as a dog owner"; and THAT the minutes, as corrected, be adopted. "CARRIED" JU 1 G.P. & A. Minutes . PRESENTATIONS - 2- July 5, 1999 (a) Harvey Thompson, Chair, Glenn Case and Duncan Moffett, Low Level Radioactive Waste Advisory Committee presented the final report on conceptualizaion of on-site low level radioactive waste storage facility designs for the Port Granby Waste Management Facility which has been prepared by GolderISENES. The consultants put forward two conceptual approaches for the management of the wastes stored at the facility. One approach would have required moving all the wastes to a new mound. This option was totally rejected by the Committee because it did not meet the objective of minimal disruption of the wastes. The other conceptual approach is ill-situ management. . . . . . . . . . . Before any decision is made on whether to choose options 1 or 2, more detailed data must he obtained in regards to the ground water flow through the east gorge area. This study should focus on the lode of wastes at the middle till and lower sands area. The time frame that the process of constructing a long-term storage facility for the wastes at Port Granby is about 9 to 10 years. The Committee made the following recommendations: Local tribunal for compensation to area residents in case of damages or accidents; Ownership of property be transferred from Cameco to the Federal Government Right of access should be transferred to the Municipality of Clarington Site could be used for passive parkland (say use, bicycle trails, etc) Proposed use does not burden the Municipality with excessive maintenance and upkeep Keep area residents informed in every step' of the process Federal Government should maintain and monitor the site and report to Council once yearly There should be an active environmental monitoring system (with local residents involved) over the construction period of the facility Municipality of Clarington should not accept additional wastes from any other source (b) Bernie Chandler, Deloilte & Touche, Toronto North, 5140 Yonge Street, Suite 1700, North York, M2N 6L 7 presented the Consolidated Financial Report and Auditors reports for 1998. He indicated that it was a clean audit and that the Municipality is in a good fmancial situation with the surpluses of the Municipality being well managed during the year. Mr. Chandler thanked staff for their assistance during the audit. Resolution #GPA-355-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the order of the agenda be altered to allow for consideration of Report TR-33-99 at this time. . "CARRIED" )02 G.P. & A. Minutes REPORTS . 1998 Audit Report and Management letter DELEGATIONS . . - 3- July 5, 1999 Resolution #GPA-356-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report TR-33-99 be received; THAT the presentation by Deloitte and Touche on the 1998 Financial Statements be acknowledged with thanks; THAT the Financial Statements for the year ended December 31, 1998 be adopted; THAT once Bill 79 capping impacts are known, the amended information be forwarded to the Ministry of Municipal Affairs and Housing; THAT recommendations contained in the management letter be reviewed by staff and addressed appropriately and report back on any necessary changes; and THAT the firm of Deloitte and Touche be appointed-as the Municipality's Auditors for the 1999 year end audit. "CARRIED" (a) Kelvin Whalen, 1029 McNichol Avenue, Scarborough, MIW 3W6 indicated concurreuce with the recommendations contained in Report PD-81-99, however, he requested condition # 1 0 contained in the conditions of approval of fmal plan registration be amended by changing the date of January I, 2000 to read January 1,2001. (b) Mark Foley, The Foley Group, 319 College Avenue, Oshawa, LIH 7K8 addressed Committee in support of the recommendations contained in Report PD-82-99 and offered to answer any questions Committee Members may have. (c) Mrs. Robyn Rickard, 5 Clarke Street, Newcastle, LIB ICI was called but was not present. (c) Ken Donaldson, 527 Mill Street South, Newcastle, LIB ICI was called but was not present. (e) Mr. Duncan, 27 Boulton Street, Newcastle, LIB IL9 advised that he would be addressing Council during the special meeting on July 19, 1999 with respect to Report PD-85-99. (I) Mr. Eilbeck, 27 Boulton Street, Newcastle, LIB IL9 advised that he would be addressing Council during the special meeting on July 19, 1999 with respect to Report PD-85-99. (g) Mr. D. Rickard, 27 Boulton Street, Newcastle, LIB I L9 advised that he would be addressing Council during the special meeting on July 19, 1999 with respect to Report PD-85-99. ju3 G.P. & A. Minutes -4- July 5, 1999 DELEGATIONS CONT'D. . (h) Mr. G. Carveth, 27 Boulton Street, Newcastle, LIB IL9 advised that he would be addressing Council during the special meeting on July 19, 1999 with respect to Report PD-85-99. (i) Dean Avery, 524 Mill Street, Newcastle, LIB ICI advised that he would be addressing Council during the special meeting on July 19, 1999 with respect to Report PD-85-99. - 0) Kelvin Whalen, 1029 McNichol Avenue, Scarborough, MIW 3W6 advised prior to the meeting that he would not be addressing Committee with respect to Report PD-85-99. Councillor Novak indicated a disclosure of pecuniary interest with respect to the following six delegations regarding the Addendum to Report PD-70-99; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak stated that her relatives own the property in the near vicinity of the subject land. (k) Norm Monaghan, IS Westmore Street, Courtice, LIE 2H8 addressed Committee with respect to the Addendum to Report PD-70-99. He urged Committee to table this report until the Ministry of Natural Resources has had an opportunity to complete their study which they anticipate to be the end of July, 1999. He believes that a wait of less than 30 days will not significantly impact the developer, however, not waiting may significantly impact the environment. . (I) Janet Hayman, 22 Jane Avenue, Courtice, LIE 2H9 addressed Committee with respect to the Addendum to Report PD-70-99. Ms. Hayman raised the following issues: . Concerns about information contained in a letter from the Ministry of Natural Resources dated June 25, 1999. . Concerns about traffic which were not addressed after her April 28, 1999 letter nor after her June 19, 1999 letter to the General Purpose and Administration Committee. . Concerns about the manner in which the processing of this application is being rushed through without adequate time for Council to study the submissions from the public. (m) Ray Shepherd, 32 Jane Avenue, Conrtice, LIE 2H9 addressed Committee with respect to the Addendum to Report PD-70-99. Mr. Shepherd quoted from an article taken from a book on trees dated 1990 which states "economic self interest is frequently too powerful, and good intentions and legal prohibitions are of little avail, so that every year sees vast tracks of forest irreversibly lost before there is a chance of introducing systems of rational management or safeguards." Mr. Shepherd stated that this is the case with the subject development. He also raised a concern over the financial impact that he and several of his neighbours will realize when they must connect their home to the water and sewer lines. . Ju4 G.P. & A. Minutes - 5- July 5, 1999 . DELEGATIONS CONT'D. . . (n) Glenn Genge, D. G. Biddle and Associates, 96 King Street East, Oshawa, LIH IB6 addressed Committee with respect to Addendum to Report PD-70-99 and offered the following comments: . How can the Ontario Ministry of Natural Resources say "it is highly likely" that the subject lands would have been added to the Provincially Significant Wetland Complex when they have not reviewed the Environmental Impact Study (EIS) in detail. This EIS which was supported by CLOCA and approved by the Municipality supports the residential development of these lands subject to the normal environmental safeguards. . Both the CLOCA letter and the letter from Gartner Lee Limited dated June 25, 1999 indicate that the EIS, as approved by the Municipality and accepted by CLOCA, covered all the basis needed to comply with the Provincial Policy statement in that it assessed the development impact on the wetland and wetland functions. . The anticipated completion date of July, 1999 for the wetland complex mapping and evaluation by the Ministry of Natural Resources is overly optimistic given their other priorities and staff cut backs. Mr. Genge requested that the recommendation contained in the Addendum to Report PD-70-99 be approved by Committee. (0) Hannu T. Halminen, Blackcreek Developments Ltd., 1748 Baseline Road West, Courtice, LIE 2TI addressed Committee with respect to Addendum to Report PD-70-99. Mr. Halminen indicated that he has been involved with this property for the past five years. He was pleased to participate in the EIS process; a process which lasted in excess oftwo years when originally it was expected to be completed within one year. All of the recommendations have been adhered to and Mr. Halminen is now requesting that Committee approve the recommendations contained in the report. (p) Chris Conti, 10 King Street, Port Hope, LIA 2R4 appeared before Committee on behalf of Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Hl with respect to Addendum to Report PD-70-99. Mr. Conti indicated that the EIS has determined that no buffer is necessary between the wetlands and subject development but he questioned whether there is any other area in Ontario where the Provincially Significant Wetlands have been identified and development has been allowed adjacent to it without a buffer. The Ministry of Natural Resources did not look at the subject lands because they were of the impression that it was already draft approved and he is suggesting that the consultant did not realize that the adjacent property was a Provincially Significant Wetland. For these reasons, Mr. Conti is requesting that the report be deferred in order for further study to be undertaken with respect to the need for a buffer. Resolution #GPA-357-99 Moved by Councillor Mutton, seconded by Councillor Young THAT the order of the agenda be altered to allow for consideration of the Addendum to Report PD-70-99 at this time. "CARRIED" YJJ G.P. & A. Minutes . REPORTS . . - 6- July 5, 1999 Resolution #GPA-358- 99 Moved by Councillor Young, seconded by Councillor Mutton THAT the Addendum to Report PD-70-99 be tabled until the Ministry of Natural Resources has studied the boundaries of the wetland complex. "MOTION LOST" Resolution #GPA-359-99 Moved by Councillor Rowe, seconded by Councillor Trim THAT Addendum Report to PD-70-99 be received; THAT Report PD-70-99 be received; THAT the following recommendations contained in Report PD-70-99 be approved: THAT the draft plan of subdivision application 18T-95029 filed by D. G. Biddle and Associates on behalf of Black Creek Developments be recommended for approval to Durham Region Planning Department subject to the conditions contained in Attachment NO.3 of Report PD-70-99; THAT the rezoning application Dev 95-020 submitted by D. G. Biddle and Associates on behalf of Black Creek Developments be approved and that the amending by-law attached to Report PD-70-99 be forwarded to Council for adoption; THAT a by-law to remove the (H) Holding Symbol be forwarded to Council at such time as the conditions of draft approval have been satisfied; and THAT all interested parties listed in Report PD-70-99 and any delegation be forwarded a copy of Report PD-70-99 and be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-360-99 Moved by Councillor Mutton, seconded by Councillor Young THAT the foregoing Resolution #GPA-359-99 be amended by adding the following to the third paragraph: "once the Ministry of Natural Resources has established the wetland boundaries and determined that they will not be negatively impacted by the development". "CARRIED" THAT the foregoing Resolution #GPA-359-99 was then put to a vote and CARRIED AS AMENDED. Jub G.P. & A. Minutes -7 - July 5, 1999 . DELEGATIONS CONT'D . PUBLIC MEETINGS . (q) Roy Forrester, 6 Mill Lane, Orono, LOB IMO addressed Committee with respect to the Oak Ridges Trail. Mr. Forrester indicated that in February, 1999 Council gave approval in principle for the use of certain designated unopened road allowances within the Municipality for use in developing a route for the Clarington Chapter of the Oak Ridges Trail. Along with the approval, Council set out a number of requirements and conditions to be met by the Association prior to fmal approval for use of the specified unopened road allowances. These conditions have now been undertaken and completed. The thought of planning, developing and operating the trail across the whole of the Municipality within a few months was overly optimistic. As a result, Mr. Forrester is asking for [mal approval of a portion of the planned trail which would allow the Association to bring this section into use while planning the remaining eastern sector mainly through the Ganaraska Forest. (r) Bill Beuther, Lions Club of Bowmanville, P.O. Box 134, Bowmanville Ll C 3K9 advised Committee that the fourth Annual Rubber Duck Derby which took place on June 19, 1999 was a successful partnership between the 7th Bowmanville Scouts and the Lions Club which raised $30,000.00 for Community projects. Mr. Heuther expressed appreciation ro Council and staff for their assistance and they look forward to continuing the partnership which was formed with the Marketing and Tourism Office in planning another successful eyent for June 17,2000. Resolution #GPA-361-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Committee recess for ten minutes. "CARRIED" The meeting reconvened at 11 :50 a.m. Councillor Novak chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding Public Meetings for the following applications: (a) Rezoning Application ~ Part Lot 28, Concession I, Former Village of Newcastle (b) Rezoning Application - Part Lot 35, Concession 2, Former Township of Darlington (c) Parking in Residential Areas The Clerk advised that public notices for rezoning applications DEV 99-020 and ZBA 99-018 were sent by first class mail on or before June 4, 1999, to all property owners within 120 metres of the subject property in accordance to the latest municipal assessment records. In addition, notices were also posted on the site prior to, June 4, 1999. Public Notice for rezoning application Dev 98-054 was placed in the local newspaper on June II, 1999 and June 16, 1999. This notice procedure is in compliance to Ontario Regulation made under the Planning Act. Ju7 G.P. & A. Minutes - 8- July 5, 1999 . PUBLIC MEETINGS CONT'D. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-72-99 - Syvan Developments - the purpose and effect of the application is to rezone the lands to permit the development of a commercial school and a day nursery in addition to the existing permitted uses. Bob Willsher, 323 Church Street, Newcastle, LIB lC6 voiced his concern with respect to the proposal based on the lack of green space which will be available to the day care, the increased noise level from the children, and the increased traffic brought to the area. Mr. Willsher also has a concern that this application is being fast tracked through Council. A submission in support ofthe application was filed on behalf of Murray Patterson. . Teresa Vanhaverbeke, Syvan Developments Ltd., 85 King Street West, Unit B, Newcastle, Ll B lL2 advised that her Company is now the sole owner of the subject property and they will be moving their home office to the upper floor of the building in the near future. Community Care, a tenant in the building, together with three closest neighbours have indicated full support for the application. Ms. Vanhaverbeke indicated that there will be ample parking provided on site and the traffic generated by this use will be far less than that which would be generated for the medical uses for which the property is presently zoned. All Provincial requirements for a day nursery can be met and the use would be a positive edition to the Community. Ms. Vanhaverbeke urged Council to expedite the rezoning in order to allow this school to open in September, in conjunction with the new school year. (b) Report PD-73-99 - Phip Limited-the purpose and effect of the application is to rezone the subject lands to permit the development of five single detached dwelling lots fronting on Wabbokish Court and retain the two existing lots fronting onto Townline Road. There was no one present to speak in opposition to or in support of the application. Mark Foley, c/o Phip Limited, 319 College Avenue, Oshawa, LtH 7K8 addressed Council on behalf ofthe applicant. Mr. Foley indicated that the application is an extension of the zoning which exists to the east of the subject property. (c) Report PD- 7 4-99 - Municipality of Clarington - the purpose and effect of the application is to amend the general provisions of By-law 84-63 to: i) require, with the exception oftownhouse units, a minimum of two (2) outdoor parking spaces for all single detached and semi-detached dwelling units. This provision would apply to all lots registered after January 1,2000. ii) Require all single detached, semi-detached and townhouse garages to have a minimum inside dimension of 18.58 m2 (200 sq. ft.) and a minimum width of 3.0 metres. This provision would apply to all lots registered after January 1,2000. . .. ') Jub . . . G.P. & A. Minutes -9 - July 5, 1999 PUBLIC MEETINGS CONT'D iii) Permit a reduction in the front yard setback for: a) single detached and semi-detached dwelling units from 6.0 metres to 4.5 metres; and b) for townhouse units from 6.0 metres to 3.0 metres. iv) permit an increase in the lot coverage for single detached dwelling units from 40% to 45%; v) require that any attached garage for single detached or semi-detached dwelling units can only extend a maximum 00.0 metres in front of the dwelling unit; and vi) require that any attached garage for townhouse units can only extend a maximum of 2.0 metres in front of the dwelling unit. Kelvin Whalen, Kaitlin Group, 1029 McNichol Avenue, Scarhorough, Ml W 3W6 requested that Council confirm that the requirements for additional parking spaces would not apply to any plans which are currently draft approved. Mr. Whalen also stated that he would like to have the opportunity to meet further with Municipal staff and his architect to ensure that all the requirements are able to be met. Resolution #GPA-362-99 Moved by Councillor Young, seconded by Councillor Schell THAT Committee recess until I :30 p.m. "'CARRIED" The meeting reconvened at I :30 p.m. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Application Syvan Dev. Ltd. ZBA99-020 Resolution #GPA-363-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT Report PD-72-99 be received; THAT the rezoning application ZBA99-020 to amend the Zoning By-law to permit the development of a day care facility and a commercial school, in addition to the existing permitted uses, be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PD-72-99 and any delegations be advised of Council's decision. "CARRIED" JU1 G.P. & A. Minutes -10 - July 5, 1999 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Rezoning Appl. Phip Limited ZBA 99-018 Resolution #GPA-364-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT Report PD-73-99 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by PHIP Limited to permit the development of five new 12.0 metre minimum frontage single detached dwelling lots and the retention of two existing dwellings fronting on Townline Road be referred back to staff for a report once all the agency" comments have been received; and THAT the Durham Region Planning Department and all interested parties listed in Report PD-73-99 and any delegation be advised of Council's decision. "CARRIED" Parking in Residential Areas DEV 98-054 PLN23.14 Resolution #GPA-365-99 Moved by Councillor Young, seconded by Councillor Schell THAT Report PD-74-99 be received; . THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, to implement the recommendations contained within the Executive Summary to Staff Report PD-36-99, as illustrated in the Draft By-law Amendments - Attachment No.'s 1,2,3, and 4 attached to Report PD-74-99 be referred back to stafffor further processing and preparation of a subsequent report; and THAT the Durham Region Planning Department, Oshawa-Durham Home Builders Association, The Urban Development Institute, any interested parties listed in Report PD-74-99 and any delegations be advised of Council's decision. "CARRIED" Application Resolution #GPA-366-99 For Removal of Holding (H) Symbol Moved by Councillor Trim, seconded by Councillor Mutton Baywood Homes ZBA 99-024 THAT Report PD-75-99 be received; THAT Rezoning Application ZBA 99-024 submitted by Robert Derech on behalf of Baywood Homes requesting removal of the "Holding (H)" symbol from the subject lands be approved; THAT the amending By-law, attached to Report PD-75-99 be forwarded to Council for approval; THAT a copy of this Report PD-75-99 and the amending by-law be forwarded to the Regional Municipality of Durham Planning Department; and . J)J G.P. & A. Minutes - 11 - July 5, 1999 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Rezoning Appl. Green-Martin Properties ZBA 99-015 . Application for Removal of Holding Barry Bryan Assoc. DEV 97-047 THAT all interested parties listed in Report PD-75-99 and any delegations be advised of Council's decision. '''CARRIED'' Resolution #GPA-367-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report PD-76-99 be received; THAT the Amendment to Zoning By-law 84-63, as per Attachment No.3 to Report PD-76-99 to permit the continued use of the subject property for a Golf Driving Range on a temporary basis for a period of up to three years, be approved; THAT a copy of Report PD-76-99 and Council's decision be forwarded to the Region of Durham Planning Deparrruent; and THAT the interested parties listed in Report PD-76-99 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-368-99 Moved by Councillor Rowe, seconded by Councillor Mutton THAT Report PD-77-99 be received; THAT the rezoning application DEV 97-047 submitted by Barry Bryan Associates (1991) Ltd. on behalf of Faith United Church requesting removal of the "Holding (H)" symbol from the subject lands be approved; THAT the amending By-law attached to Report PD-77-99 be forwarded to Council for approval; THAT a copy of Report PD-77-99 and the amending By-law be forwarded to the Region of Durham Planning Deparrruent; and THAT all interested parties listed in Report PD-77-99 and any delegations be advised of Council's decision. "CARRIED" Proposed Resolution #GPA-369-99 Heritage Designation Orono Armoury Moved by Councillor Schell, seconded by Councillor Young PLN 34.5.1 . THAT Report PD-78-99 be received; THAT the request ofthe Local Archirectural Conservation Advisory Committee to designate as a historical structure the Orono Armoury, 6 Park Street, Orono be approved; ) G.P. & A. Minutes - 12- July 5, 1999 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Sign By-law Amendment Appl. Payless Shoesource SBA 99-003 . Application for Removal of Holding Veltri and Son Ltd. ZBA 99-025 . THAT the Clerk prepare the required notice of intent pursuant to the provisions of the Ontario Heritage Act and report back to Council following the prescribed notification period; and THAT the Local Architectural Conservation Advisory Committee be advised of Council's decision. "CARRIED" Resolution #GPA-370-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT Report PD-79-99 be received; THAT the application for minor variance to the Municipality of Clarington Sign By-law 97-157, submitted by Provincial Sign Service on behalf of Pay less ShoeSource, to permit three wall signs with a wall coverage of 12.3% on the north wall, 12.3% on the south wall and 11.4% on the east wall, be approved; and THAT all interested parties listed in Report PD-79-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-37 1-99 Moved by Councillor Schell, seconded by Councillor Young THAT Report PD-80-99 be received; THAT Rezoning Application ABA 99-025 submitted by Veltri and Son Limited requesting the removal ofthe "Holding (H)" symbol from the subject lands be approved as per Attachment No.2 to Report PD-80-99; THAT the amending By-law, attached to Report PD-80-99 be forwarded to Council for approval; THAT a copy of Report PD-80-99 and the amending by-law be forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PD-80-99 and any delegations be advised of Council's decision. "CARRIED" )12 G.P. & A. Minutes - 13- July 5, 1999 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Resolution #GPA-372-99 Amendment to Conditions of Draft Approval And rezoning Application Green-Martin DEV 92-006; 18T-88047 . Approval for Revised Draft Plan Taunton Terrace 18T-97002 and DEV 97-003 . Moved by Councillor Schell, seconded by Councillor Young THAT Report PD-81-99 be received; THAT the proposed amendment to Plan of Subdivision 18T-88047 dated May 19, 1999, as per Attachment No. 3 to Report PD-81-99 be approved subject to conditions contained within the report; THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been fmalized to the satisfaction of the Director of Public Works and the Director of Planning; THAT the application to amend Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, be approved and the "Holding (H)" symbol be removed by By-law upon execution of a Subdivision Agreement; THAT the Region of Durham be requested to close proposed plan of subdivision application 18T-92002; THAT a copy of the Report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-81-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-373-99 Moved by Councillor Schell, seconded by Councillor Young THAT Report PD-82-99 be received; THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of the proposed Draft Plan of Subdivision 18T-97002 as amended and submitted by Taunton Terrace Limited, subject to the conditions of draft plan approval contained in Attachment #3 of Report PD-82-99; THAT the Mayor and Clerk be authorized, by By-law, to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction of the Director of Planning and Development and the Director of Public Works; THAT a By-law to remove the "Holding (H)" symbol he forwarded to Council once the applicant has entered into a subdivision agreement with the Municipality; THAT a copy of Report PD-82-99 and Council's decision be forwarded to the Region of Durham Planning Department; and Ji3 G.P. & A. Minutes -14 - July 5, 1999 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Draft Plan of Subdivision Rezoning Appl. Fieldcrest Dev. 18T -99006 and ZBA 99-012 . Appl. For Removal of Holding 535078 Ontario Ltd. ZBA 99-026 . THAT aU interested parties listed in Report PD-82-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-374-99 Moved by Councillor Young, seconded by Councillor Rowe THAT Report PD-83-99 be received; THATthe rezoning application ZBA 99-012 as submitted by D. G. Biddle and Associates Limited, on behalf of Clarington Fieldcrest Developments Limited, be approved and that the amending by-law attached to Report PD-83-99 be forwarded to Council for adoption; THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of the proposed Draft Plan of Subdivision 18T-99006 as submitted by D. G. Biddle and Associates Limited, on behalf ofClarington Fieldcrest Development Limited, subject to the conditions of draft plan approval contained in Attachment #4 of Report PD-83-99; THAT the Mayor and Clerk be authorized, by By-law, to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction of the Director of Planning and Development and the Director of Public Works; THAT a By-law be forwarded to Council to remove the "Holding (H)" symbol once the applicant has entered into a subdivision agreement with the Municipality; THAT a copy of Report PD-83-99 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-83-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-375-99 Moved by Councillor Trim, seconded by Councillor Young THAT Report PD-84-99 be received; THAT Rezoning Application ZBA 99-026 submitted by 535078 Ontario Limited requesting the removal of the "Holding (H)" symbol from the subject lands be approved as per Attachment No.2 to Report PD-84-99; THAT the amending By-law, attached to Report PD-84-99, be forwarded to Council for approval; THAT a copy of Report PD-84-99 and the amending by-law be forwarded to the Regional Municipality of Durham Planning Department; and )j4 G.P. & A. Minutes -15 - July 5, 1999 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Revisions to Draft Plan Approval The Kaitlin Group 18T-91004 Committee of Adjustment A991021, A991024 To A991027 inc. . THAT all interested parties listed in Report PD-84-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-376-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT Report PD-85-99 be tabled to the special meeting of Council scheduled to be held on July 19, 1999. "CARRIED" Resolution #GPA-377-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Report PD-86-99 be received; THAT Council concur with the decisions of the Committee of Adjustment made on June 24, 1999 for applications A991021, A991024 to A991027, inclusive; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions ofthe Committee of Adjustment for applications A991021 and A991024 to A991027, inclusive in the event of an appeal. "CARRIED" CLERK'S DEPARTMENT Councillor Trim chaired this portion of the meeting. Parking Enforcement Resolution #GPA-378-99 Report Month of Mayl99 Moved by Councillor Novak, seconded by Councillor Schell Registration of The Coat of Arms . THAT Report CD-23-99 be received for information; and THAT a copy of Report CD-23-99 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Resolution #GPA-379-99 Moved by Councillor Schell, seconded by Councillor Young THAT Report CD-24-99 be received for information; and THAT the Municipal Clerk be authorized to proceed with the process of registering the Municipality of Clarington's Coat of Arms with the Chief Heraldic of Canada. "CARRIED" )IJ G.P. & A. Minutes - 16- July 5, 1999 CLERK'S DEPARTMENT CONT'D . Advance funding Ontario Lottery Corporation to Orono Amateur Athletic Assoc. Resolution #GPA-380-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Report CD-25-99 be received; THAT the Mayor and Municipal Cleric be authorized to execute a trust agreement between the Municipality and the Orono Amateur Athletic Association respecting the funds received from the Ontario Lottery Corporation, Charity Roster Application - Advance Funding Program in the amount of $45,000; THAT the appropriate by-law be forwarded to Council; and THAT the Orono Amateur Athletic Association be advised of Council's decision and requested to forward the agreement to the Ontario Lottery Corporation, Advance Funding Program. "CARRIED" Councillor Mutton chaired this portion of the meeting. TREASURY DEPARTMENT . Co-operative Tender Resolution #GPA-381-99 T282-99, Supply and delivery of Moved by Councillor Young, seconded by Councillor Novak winter sand THAT Report TR-39-99 be received; THAT T.R.T. Aggregates Ltd., Orono, Ontario, with a total bid in the amount of $77,240.00 (plus GST and PST), being the lowest responsible bidder meeting all terms, conditions and specifications of the Region of Durham Co-Operative Tender T282-99, be awarded the contract for the supply and delivery of Winter Sand (Spec.ll) as required by the Department of Public Works; and THAT funds be drawn from the Public Works approved Winter Maintenance Accounts for the 1999/2000 winter season requirements. "CARRIED" CL99-22 Driveway Paving Resolution #GPA-382-99 Moved by Councillor Young, seconded by Councillor Schell THAT Report TR-43-99 be received; THAT Tri-Son Contracting Inc., Port Perry, Ontario, with a total unit price of $16.15 per square metre being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL99-22, be awarded the contract for driveway paving for the Municipality of Clarington, as required by the Department of Public Works; and . THAT the funds be drawn from the Public Works Road Maintenance Accounts. ) b G.P. & A. Minutes - 17- July 5, 1999 . TREASURY DEPARTMENT CONT'D. "CARRIED" CL99-20 One (I) Only Loader RFP 99-2 Transit Passenger Shelter Advertising . 1999/2000 Insurance Program . Resolution #GPA-383-99 Moved by Councillor Young, seconded by Councillor Rowe THAT Report TR -44-99 be received; THAT Ontrac Equipment Services, Peterborough, Ontario, with a total bid in the amount of $11 0,547.20 (including Trade-in and taxes), being the most responsible bidder meeting all terms, conditions and specifications of Tender CL99-20, be awarded the contract to supply one (1) only Loader required by the Municipality of Clarington, Department of Public Works; and THAT the funds expended be provided from the 1999 Public Works Equipment Reserve Account #2900-00010-0000. "CARRIED" Resolution #GPA-384-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT Report TR-45-99 be received; THAT Mediacom Inc., Toronto, Ontario, with a total bid in the amount of $144,750.00 (total for five years), being the highest [esponsible bidder meeting all terms, conditions, and specifications of RFP 99-2, be awarded the contract for transit passenger shelter advertising, for a term to commence immediately and to expire June 28, 2004; THAT, pending satisfactory performance and revenues, the contract be extended for an additional five year term; THAT the revenues received be deposited to the general municipal revenue account; and THAT the By-law attached to Report TR-45-99 and marked Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #GPA-385-99 Moved by Councillor Novak, seconded by Councillor Trim THAT Report TR-46-99 be received; THAT Frank Cowan Company Limited continue to be retained as the Municipality ofClarington's insurance carriers for the period from July I, 1999 to June 30, 2000, at an approximate cost of$201,542 plus applicable taxes; ) 7 G.P. & A. Minutes - 18- July 5, 1999 . TREASURY DEPARTMENT CONT'D RFP 99-4 Brine Chiller Newcastle Arena . Cash Activity Report for the Month of May Tender CL99- 7 . THAT staff continue to monitor the status of Durham Municipal Insurance Pool and should the Pool proceed, that the Municipality of Clarington participate and the Treasurer be authorized to negotiate satisfactory terms and conditions with a potential start date of March 1,2000; THAT, should the Durham Municipal Insurance Pool not proceed, staff be directed to participate in the preparation of a public tender for 2000/200 I in conjunction with the Region of Durham; and THAT the Municipality of Clarington purchase contingent liability insurance in respect of third party liability claims for bodily injury and property damage relating to Y2K from the Frank Cowan Company. "CARRIED" Resolution #GPA-386-99 Moved by Councillor Young, seconded by Councillor Rowe THAT Report TR-47-99 be received; THAT Cimco Refrigeration, Toronto, Ontario, with a total bid in the amount of $26,950.00 (plus G.S.T.) being the most responsible bidder meeting all terms, conditions and specifications ofRFP 99-4, be awarded the contract for supply and installation of a brine chiller at Newcastle Arena; and THAT the funds expended be provided from the 1999 Administration Capital Budget Account #7029-00000-0501. "CARRIED" Resolution #GPA-387-99 Moved by Councillor Schell, seconded by Councillor Trim THAT Report TR-48-99 be received; THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality ofClarington for the month ended May 31, 1999, is shown on the schedule attached to Report TR-48-99; and THAT Part "A" of the expenditures for the month of May 1999 be confirmed. "CARRIED" Resolution #GPA-388-99 Moved by Councillor Schell, seconded by Councillor Young THAT Report TR-49-99 be received; Jib G.P. & A. Minutes .19- July 5, 1999 TREASURY DEPARTMENT CONT'D. . THAT Hardco Construction Ltd., Whitby, Ontario, with a total bid in the amount of $ J ,770, 121.0 I (including G.s. T.) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL99-7, be awarded the contract for the Wellington Street, Concession Street, Elgin Street, Silver Street, High Street, Church Street, Division Street and Martin Road, Bowmanville, Ontario Reconstruction, as required by the Department of Public Works; THAT the total funds required in the amount of$I,350,000.00 ($981,987.74 Municipality ofClarington portion of the tender + $71,170.15 contract design + $117,800.00 Contract Administration + $83,232.65 utilities and miscellaneous + $58,183.74 contingencies + net GS1) be drawn from the various approved 1999 Capital Budget Accounts as identified on Schedule "A" to Report TR-49-99; THAT the additional funds required for the Reconstruction of Martin Road in the amount of $50,000.00 be interim fmanced from the Roads Contribution Reserve Fund #111 0-1 74-X and recovered from pending land division applications; THAT $15,000.00 of the remaining $20,000.00 required for Martin Road be reallocated from High Street Reconstruction account #7205-99002-0261; THAT the additional $5,000.00 for Martin Road be reallocated from the remaining funds for Wellington, Concession, Elgin and Silver Streets, account #7205-99007- 0261 split appropriately between Development Charges and Tax Support; . THAT Staff be authorized to enter into negotiations with Hardco Construction Ltd., Whitby, to add to the contract Silver Street Reconstruction from King Street to Church Street; THAT, pending successful negotiations, the addition of Silver Street be approved; THAT should Council concur with the above recommendations pertaining to Silver Street, the Purchasing By-law 94-129, Section 5, Paragraph 5.06 be waived; THAT the funds required in an approximate amount of $90,000.00 for the addition of Silver Street be reallocated from the $155,000.00 funds remaining from Wellington Street, Concession, Elgin and Silver Streets, account #7205-99007-0261 split appropriately between Development Charges and Tax support; THAT the By-law attached to Report TR-49-99 and marked Schedule "c" authorizing the Mayor and Clerk to execute the agreement be approved; and THAT the award be subject to the approval of the Region of Durham. '~CARRIED" Councillor Rowe chaired this portion of the meeting. . Ji9 G.P. & A. Minutes . -20 - July 5, 1999 COMMUNITY SERVICES DEPARTMENT Resolution #GPA-389-99 Canada-Ukraine Youth Exchange Programme 1999 Moved by Councillor Schell, seconded by Councillor Mutton THAT Report CS-I 0-99 be received for information. "CARRIED" Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Construction of Grass infield at Soper Creek Baseball Fac. . Resolution #GPA-390-99 Moved by Councillor Mutron, seconded by Councillor Novak THAT Report WD-32-99 be received; THAT the request that the Municipality install a grass infield at the Soper Creek ball diamond be denied; THAT no further action be taken in this matter; and THAT the Clarington Orioles Baseball Organization be advised of Council's decision. "CARRIED" Councillor Schell chaired this portion of the meeting. UNFINISHED BUSINESS . Resolution #GPA-391-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT the presentation ofthe Low Level Radioactive Waste Advisory Committee be received and referred to staff for comments; and THAT letters of gratitude be forwarded to the Committee from the Members of Council. "CARRIED" Resolution #GPA-392-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the delegation of Roy Forrester regarding the use of certain designated unopened road allowances be acknowledged and referred to the Director of Public Works to be considered in the preparation in a future report regarding the establishment ofthe trail in the Municipality of Clarington; and JiU G.P. & A. Minutes -21- July 5, 1999 . UNFINISHED BUSINESS CONT'D OTHER BUSINESS . . THAT Roy Forrester be advised of Council's decision. "CARRIED" Resolution #GPA-393-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT Bill Heuther be thanked for his presentation and the efforts of the Rubber Duck Derby Committee in making the event such an astounding success. "CARRIED" Resolution #GPA-394-99 Moved by Councillor Rowe, seconded by Councillor Novak WHEREAS the Local Architectural Conservation Advisory Committee (LACAC) has been working on a book about Bowmanville's architecture for a number of years; WHEREAS the Municipality advanced a loan of$13,OOO.OO in 1996 for the publication of such a book; WHEREAS the quality and scope of the project has increased from the original book; WHEREAS Diana Grandfield (the author) has registered the copyright for a book entitled "Bowmanville: An Architectural and Social History, 1794-1999" (the Book); WHEREAS the author has assigned the copyright to the Municipality, or its committees, for use with acknowledgement for non-commercial use; WHEREAS over the last two years the LACAC and the author have discussed many issues related to the details and conditions for publication ofthe books and were unable to reach agreement; THEREFORE BE IT RESOLVED I. THAT the Municipality publish 1000 copies of the book "Bowmanville: An Architectural and Social History, 1794 - 1999", for an estimated cost of $20,483.00 including photography and layout by Imagelink Studio; 2. THAT the printing of the book be tendered by the Municipality with inputs from LACAC regarding specifications; 3. THAT the Director of Planning and Development, in consultation with the author and the Chair of the LACAC or her designate, be authorized to accept the best qualified bid for the printing of the book; JLI G.P. & A. Minutes -22- July 5, 1999 . OTHER BUSINESS CONT'D. ADJOURNMENT . . 4. THAT the funds for photography, layout, and printing be drawn from Working Funds Reserve 2900-I-X; 5. THAT Council establish a Bowmanville Heritage Book Reserve Account by by-law for receipt of all funds from the sale ofthe book and that the funds received by used to repay the funds from the Working Funds Reserve and future use for heritage conservation approved by Council; 6. THAT the LACAC be requested to undertake the promotion and sale of the Book with assistance from the Marketing, Tourism Officer and Communication Officer if necessary; 7. THAT the LACAC be requested to repay the initial $13,000.00 loan immediately; and 8. THAT LACAC be advised of Council's decision. "CARRIED" Resolution #GPA-395-99 Moved by Councillor Young, seconded by Rowe THAT the meeting be adjourned at 2:25 p.m. "CARRIED" ~~~ JL2