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HomeMy WebLinkAbout01/26/2004 THE MUNICIPALITY OF CLARINGTON "-" General Purpose and Administration Committee January 26, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, January 26,2004 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Creme Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Municipal Clerk, P. Barrie Administrative Assistant to the Municipal Clerk, H. Keyzers ...., Mayor Mutton chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST Councillor Trim indicated that he would be disclosing a pecuniary interest with respect to Report PSD-009-04. MINUTES Resolution #GPA-047-04 Moved by Councillor Robinson, seconded by Councillor Schell ........ THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on January 12, 2004, be approved. "CARRIED" ....,; '_ I G.P. & A. Minutes ~ ANNOUNCEMENTS DELEGATIONS -... ~ - 2 - January 26, 2004 Mayor Mutton advised that he had been speaking to the Minister of Energy's office and that they will be meeting soon to discuss the advanced CANDU reactor being placed on the former ITER site. Resolution #GPA-048-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Debbie Clarke, Valiant Property Management, be added to the list of delegations. "CARRIED (a) Brad Savage, Junior Achievement of Durham, 1 Mary Street N., Oshawa, L 1 G 7W8, appeared before Committee to discuss the Junior Achievement Program. In grade 8 classrooms, every April, they discuss the Economics of Staying in School and noted that the Program's success is dependant on volunteers. Mr. Savage introduced Terry Melbourne, a volunteer for Junior Achievement, advising that the Program makes a difference in our children's lives. The volunteers are people who give their time and experience to help children. Ms. Melbourne read some quotes from children pertaining to the Junior Achievement of Durham Program. She noted that the Program helps our children become self sufficient and contributing members of the community. To become a volunteer takes 2 % hours of training and one full school day with a classroom of students. Ms. Melbourne noted the documentation circulated to Members of the Committee earlier and advised that there is a registration form enclosed. G.P. & A. Minutes '....... DELEGATIONS -... ~ - 3 - January 26, 2004 (b) Edmond Vanhaverbeke, 20 Robert Street West, Unit A, Newcastle, L 1 B 1 C6, advised Committee that as of last Friday he has purchased the Kiradaar lands. The lands are subject to four Ontario Municipal Board appeals. Mr. Vanhaverbeke noted that he has reviewed the proposals for the draft plan and has no issues with what staff has recommended. Mr. Vanhaverbeke requested that the recommendations contained in Report PSD-01 0-04 be approved and that the Ontario Municipal Board be contacted to withdraw all appeals. (c) Dan and Margaret Maskell, 320 King Avenue, Newcastle, L 1 B 1 H7, advised Committee that they did not wish to speak. (d) David Rickard, 80 Given Road, Newcastle, L 1 B 1 L9, advised Committee that he did not wish to speak. (e) Chris Conti, Friends of Second Marsh, 206 King Street East, P.O. Box 26066, Oshawa, L 1 H 1 CO, appeared before Committee regarding Report FND-002-04. Mr. Conti provided an update on the recent developments pertaining to the Friends of Second March. He noted that General Motors of Canada has donated lands west of the municipal Townline. Mr. Conti advised that their application for Provincial funding to complete design work has been approved and that they are in the process of applying to the Department of Fisheries. He noted that any support from the municipality would be appreciated. (f) Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, L 1G 3S2, appeared before Committee in support of the recommendations contained in Report PSD-015-04. She did note, however, that the language contained in the Term of Reference did not suggest a timeframe. She suggested that a timeframe be initiated for work to be completed. If not met, developers could be subject to a penalty. Councillor Schell chaired this portion of the meeting. _J' ._' __ G.P. & A. Minutes - 4 - January 26, 2004 ..... PUBLIC MEETINGS Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Official Plan Amendment and Zoning By-law Amendment Applications Applicant: Michael Ricciuto (b) Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision Applications Applicant: Courtice Woods Inc. (c) Official Plan Amendment and Zoning By-law Amendment Applications Applicant: Tarola Enterprises Inc. David Crome, Director of Planning Services, provided a verbal background pertaining to Report PSD-01 0-04. ........ (a) Report PSD-01 0-04 - Michael Ricciuto - the purpose and effect of this application is to permit the expansion of the Hampton hamlet boundary to permit the development of eight (8) single detached dwellings. Linda Gasser, P.O. Box 355, Orono, LOB 1 MO, appeared before Committee regarding Report PSD-01 0-04. She noted that it would be premature of her to state whether she was for or against the report. She requested Committee Members to consider major issues relating to Bill 26 and 27. She questioned why Regional approval is required but not approval from the Ontario Municipal Board. Ms. Gasser also noted that she is not clear on the total property size discussed in the report. She questioned what Hampton's current population was and the number of residential units. Ms. Gasser stated that the Hampton community would be interested in what the overall planned is. Is this the first of eight lots planned for many more to come? She noted that a Settlement Capacity Report would be required. Ms. Gasser questioned why the municipality is using cash in lieu instead of parkland. She requested that she be included on the list of interested parties pertaining to Report PSD-01 0-04. ~ G.P. & A. Minutes - 5 - January 26, 2004 -... PUBLIC MEETINGS Mark Matheson, 49 Ormiston Street, Hampton, LOB 1 JO, advised Committee Members when he purchased his home he was told that the agricultural land would remain. He noted that a lot of people use this land for recreational activities. Mr. Matheson questioned where the future park would be built and if the developer was going to buy the whole property and cut down all the trees. He noted that the future Highway 407 expansion could be going through this area and that the trees act as a buffer zone. Mr. Matheson questioned what would happen if the wells in the area are contaminated. He requested that he be placed on the list of interested parties pertaining to Report PSD-01 0-04. Mark Larocque, 7 Perry Avenue, Hampton, LOB 1 JO, concurred with the concerns raised by Mr. Matheson. He noted that the subject property acts as a good buffer zone for the future Highway 407. He advised that he is concerned with his quality of water and noted that Hampton is a very ecological and environmentally friendly village and that they can't afford to lose it. The residents of Hampton would become uncomfortable with the possible expansion. ...... Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M7, advised that she concurs with the concerns raised by the previous speakers. She requested clarification of the Terms of Reference that appear on page 606 of Report PSD-01 0-04. She also requested that she be added to the list of interested parties pertaining to the report. Owen Webster, P.O. Box 196, Hampton, LOB 1 JO, advised Committee that he lives across from the subject property. He has concerns pertaining to his water, that this would just be phase 1 of the plan and the structural size of the houses being built would devalue his property. He noted that when he was building his house he had to pay to upgrade the road and is wondering if he is entitled to any refund. Brian Annis, 11 Perry Avenue, Hampton, LOB 1 JO, advised Committee Members that he has lived in Hampton for 32 years. He noted that at one point there was talk about installing an aquaduct. He is concern with the impact the development will have on the water, resident's wells and that the municipality might have to install water and septic systems. ........ ..../ .1_ G.P. & A. Minutes - 6 - January 26,2004 ''-- PUBLIC MEETINGS Michael Ricciuto, 70 Cawkers Cove Road, Port Perry, L9L 1 R6, advised Committee that he owns three separate parcels of the subject property. He noted that he has applied to create eight lots and that he fully understands the issue of residents. He realizes that Hampton is a tight-knit community and commented that his sister and parents would like to live on the street. Mr. Ricciuto noted that the property is currently zoned agricultural and is very limiting. The only access to this property is through the Village of Hampton due to the property being land locked. Mr. Ricciuto notes that he has no intention of cutting down the trees. He advised that a Comprehensive Geological Study was prepared for the municipality this summer and that he is confident that the document is very well thought all. David Crome, Director of Planning Services, provided a verbal background pertaining to Report PSD-011-04. '-- (b) Report PSD-011-04 - Courtice Woods Inc. - the purpose and effect of this application is to amend the Clarington Official Plan by reducing the extent of the Environmental Protection Area and reversing the Medium Density and Public Elementary School symbols, and to amend the Zoning By-law to permit the development of a 127 residential unit Plan of Subdivision consisting of 79 single detached dwellings, 11 lots for 22 semi detached units, 26 townhouses and a 2.01 hectare public school block. John Farrell, 141 Centrefield Drive, Courtice, L 1 E 1 M2, appeared before Committee representing the members of CLEAN, Courtice Living Environmentally Active Neighbours. He submitted a petition containing 481 residents' signatures opposing the development. He noted that the land may not be a woodlot but actually wetlands. Mr. Farrell stated that they are in support of an Environmental Assessment Study but they do not believe that the study will provide a substantial report. He questioned how they are able to make sound decisions if the report is subject specific. He noted that the municipality does not know the long-term damage. ........ Mr. Farrell also noted that residents of the area have numerous other concerns including increased traffic, water quality, increased density and safety to public. He requested that CLEAN be provided the opportunity to assist staff. -' G.P. & A. Minutes - 7 - January 26, 2004 '-' PUBLIC MEETINGS Kate Wrigley, 41 Hartsfield Drive, Courtice, L 1 E 1 L8, appeared before Committee representing CLEAN and the youth at S.T. Worden School. Ms. Wrigley submitted 59 letters and a petition containing 57 signatures in opposition to Report PSD-011-04. Their concerns consist of the future of the air quality, soil quality and water quality. She noted that we all need to change our ideas of development; rather than consuming resources we must retain them. A four seasons Environmental Impact Study was requested but the findings were insufficient. She requested that a Watershed Study be completed. Ms. Wrigley stated that Courtice Woods Inc. should collaborate with Friends of Second Marsh. ...... Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M7, appeared before Committee advising that we have to start protecting all groundwater recharge areas, not only the Oak Ridges Moraine. Our future generation has a right to have enough clean water as we do. Ms. Racansky is requesting that the Watershed Study apply to Courtice Woods application and that the results of the Watershed Planning be incorporated into approval of this development. Linda Gasser, P.O. Box 355, Orono, LOB 1 MO, stated concerns pertaining to the property being zoned medium density and that there is no way of knowing that this is an appropriate designation without a Watershed Study. She noted that if we do not develop with mixed density we will sprawl out. Report PSD-011-04 does not make clear what approval the new landowners have and the comment regarding the Region not closing the file has a large impact. Ms. Gasser stated that lands that are zoned EP are protected for the longer term, not until the next application is filed. Nick Mensink, Sernas and Associates, 110 Scotia Court, Whitby, L 1 N 8Y?, advised that he is looking forward to working with staff towards the development of this project. Resolution #GPA-049-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Committee recess for 10 minutes. ....... "CARRIED" The meeting reconvened at 11 :05 a.m. ......... .J I G.P. & A. Minutes - 8 - January 26,2004 ........ PUBLIC MEETINGS David Crome, Director of Planning Services, provided a verbal background pertaining to Report PSD-012-04. (c) Report PSD-012-04 - Tarola Enterprises Inc. - the purpose and effect of this application would permit the sale, repair and outdoor storage of commercial motor vehicles. No one spoke in opposition to or in support of this application. Glen Genge, Biddle and Associates, appeared before Committee on behalf of Tarola Enterprises Inc. The applicant is requesting an amendment to the Official Plan and the Zoning By-law. Mr. Genge noted that the request is a very good use for the building and would stimulate economic growth for this area. He advised that the only trucks stored outside would be the six or seven vehicles for sale. PLANNING SERVICES DEPARTMENT ......... Official Plan & Resolution #GPA-050-04 Zoning By-law Amendment Moved by Councillor MacArthur, seconded by Councillor Robinson Applications Appl.: M. Ricciuto THAT Report PSD-010-04 be received; and THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by Michael Ricciuto to permit the expansion of the Hampton hamlet boundary and the development of eight residential units, be referred back to Staff for further processing and preparation of a subsequent report; THAT a copy of Report PSD-01 0-04 be forwarded to the Region of Durham; and THAT all interested parties listed in Report PSD-010-04 and any delegations be advised of Council's decision. "CARRI ED" ........ ....; _I V G.P. & A. Minutes - 9 - January 26, 2004 ........ PLANNING SERVICES DEPARTMENT Official Plan Amendment, Rezoning & Draft Plan of Subd. Applications Appl.: Courtice Woods Inc. "'" "--" Resolution #GPA-051-04 Moved by Councillor MacArthur, seconded by Mayor Mutton THAT Report PSD-011-04 be received; THAT the application to amend the Clarington Official Plan submitted by Courtice Woods Inc. be referred back to staff for further processing; THAT the applications to amend the Zoning By-law and the proposed Draft Plan of Subdivision submitted by Courtice Woods Inc. to permit the development of 127 residential units be held in abeyance until such time as the Region of Durham has completed the Environmental Assessment for the extension of Adelaide Avenue; and THAT the applicant, Region of Durham, all interested parties listed in Report PSD-011-04 and any delegation be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-052-04 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT the foregoing Resolution #GPA-051-04 be amended by adding the following new fourth paragraph: "THAT Staff be directed to meet with the applicant to discuss the dedication and/or donation of the woodlot to the municipality." "CARRIED" The foregoing Resolution #GPA-051-04 was then put to a vote and "CARRIED AS AMENDED." / G.P. & A. Minutes - 10- January 26, 2004 "-' PLANNING SERVICES DEPARTMENT Official Plan Amendment & Rezoning Appl. Appl.: Tarola Enterprises Inc. Monitoring of the Decisions of the Committee of Adjustment ......... Rezoning & Plan of Subdivision Applications Appl.: Kiradaar (Ont.) Ltd. & 1151677 Ontario Limited "-"" Resolution #GPA-053-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-012-04 be received; THAT the application submitted by Tarola Enterprises Inc. be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and THAT all interested parties listed in Report PSD-012-04 and any delegations be advised of Council's decision. "CARRI ED" Resolution #GPA-054-04 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT Report PSD-013-04 be received; THAT Council concurs with the decisions of the Committee of Adjustment made on January 15, 2004 for applications A2002/038 and A2002/039 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. "CARRI ED" Resolution #GPA-055-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-014-04 be received; THAT the Ontario Municipal Board be requested to approve the proposed Draft Plan of Subdivision S-C-2000-001 as amended and submitted by Gregory P. DeFreitas Engineering on behalf of Kiradaar (Ont.) Inc. and 1151677 Ontario Limited (Kiradaar) subject to the conditions of draft plan approval contained in Attachment 3 of Report PSD-014-04; THAT the Ontario Municipal Board be requested to enact the zoning by-law amendment for the subject lands as contained in Attachment 4 of Report PSD-014-04; -.) I .,\.._ G.P. & A. Minutes - 11 - January 26, 2004 '-- PLANNING SERVICES DEPARTMENT ...... Commercial Policy Review & Bow. West Main Central Area Secondary Plan Review .......... 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 Services and the Director of Engineering Services; THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council once the applicant has entered into a subdivision agreement with the Municipality; THAT the Solicitor and staff be authorized to appear before the Ontario Municipal Board in support of the above recommendations; THAT a copy of Report PSD-014-04 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-014-04 and any delegations be advised of Council's decision. "SEE FOLLOWING MOTION" Resolution #GPA-056-04 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-014-04 be referred back to staff. "CARRIED" Resolution #GPA-057-04 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report PSD-015-04 be tabled to the Council meeting scheduled for February 2, 2004. "CARRI ED" ....' I I G.P. & A. Minutes - 12 - January 26, 2004 ..... PLANNING SERVICES DEPARTMENT Confidential Report Resolution #GPA-058-04 Moved by Mayor Mutton, seconded by Councillor Robinson THAT the recommendations contained in Confidential Report PSD-016-04 be approved. "CARRI ED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Monthly Report Resolution #GPA-059-04 on Building Permit Activity for Moved by Councillor Schell, seconded by Councillor Pingle December, 2003 THAT Report EGD-04-04 be received for information. "CARRIED" .... OPERATIONS DEPARTMENT There were no items considered under this section of the agenda. EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. CLERK'S DEPARTMENT There were no items considered under this section of the agenda. Mayor Mutton chaired this portion of the meeting. ......... , L G.P. & A. Minutes - 13 - January 26, 2004 ........ CORPORATE SERVICES DEPARTMENT Confidential Report Resolution #GPA-060-04 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the recommendations contained in Confidential Report COD-002-04 be approved. "CARRIED" Tender CL2003-32 Renovations #GPA-061-04 Street Lighting Improvements at Moved by Councillor Robinson, seconded by Councillor Schell Various Locations THAT Report COD-003-04 be received; ....... THAT Langley Utilities Contracting, Bowmanville, Ontario with a total bid in the amount of $57,509.20 (Including G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2003-32, be awarded the contract for the Street Lighting Improvements at Various Locations as required by the Engineering Department; THAT the total funds required in the amount of $89,000.00 ($57,509.29 tender plus work by Hydro One, work on Valley Crest Drive, contingencies, consulting and net G.S.T.) be drawn as follows: a) $40,000.00 from 2003 Capital Budget Account #5800- 8390-03102; b) $14,000.00 from the 2003 Capital Budget Account #5800-8390-03103 ; c) $6,000.00 from the 2003 Capital Budget Account #5800-8390-03104 ; d) $25,000.00 from the 2003 Capital Budget Account #5800-8390-03105; e) THAT the remaining funds in the amount of $4,000.00 be drawn from Account #5800-8390-03104; and THAT the By-law attached to Report COD-004-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. ~ "CARRIED" -' G.P. & A Minutes - 14 - January 26, 2004 "- FINANCE DEPARTMENT Friends of Second Marsh Resolution #GPA-062-04 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report FND-002-04 be received; THAT an interest free loan not be approved to the Friends of Second Marsh for the Great Lakes Wetland Centre; and THAT the Friends of Second Marsh and Mr. Chris Conti be advised of Council's decision. "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. UNFINISHED BUSINESS ...., Councillor Trim stated a pecuniary interest pertaining to Report PSD-009-04, vacated his seat and refrained from discussion and voting on the matter. Councillor Trim is a board member of the Orono Masonic Lodge. Resolution #GPA-063-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report PSD-009-04 be received; and THAT the Orono Masonic Lodge #325 AF. & AM., G.R.C. be advised that the Municipality has no interest in acquiring the lands associated with the Orono Masonic Hall at 21 Centreview Street in Orono. "CARRI ED" ...... -' ' G.P. & A. Minutes - 15 - January 26,2004 ..... OTHER BUSINESS Resolution #GPA-064-03 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the presentation of Brad Savage, Junior Achievement of Durham be received with thanks. "CARRIED" Development Resolution #GPA-065-04 Charges Act - Hospital Funding Moved by Councillor Trim, seconded by Councillor Schell WHEREAS increasingly, hospitals are approaching Municipalities for capital funding due to shortfalls in Provincial contributions for capital funding; WHEREAS the property tax base is not the appropriate mechanism for funding health care as this is a Provincial responsibility; ....... WHEREAS the property tax base is already under significant pressures relating to other programs downloaded by the Province; NOW THEREFORE be it resolved that the Province of Ontario be requested to table legislation to amend the Development Charges Act to allow the raising of capital for hospital purposes relating to growth; THAT the Province commit to funding the non-eligible component of the growth related capital costs under the Development Charges Act; THAT Durham MPP's be requested to sponsor such a bill; and THAT a copy of this resolution be forwarded to all area municipalities within the Region and the Region of Durham. "CARRIED" .......... , -' G.P. & A. Minutes ........ OTHER BUSINESS ADJOURNMENT "'-'" '-'" - 16 - January 26,2004 Councillor Trim advised that the Region is in receipt of a second report relating to garbage in Clarington and the three Townships to the north. He noted that there are 45,000 households within the municipalities. The report states that there has been a 16% decrease in landfill and a 41 % diversion rate. Councillor Trim noted that Clarington led the brigade in March. Clarington's blue box material has increased 13%, 1000 tonnes of food has been collected for composting, waste going to landfill has decreased by 25% and waste diversion has increased by 16%. Resolution #GPA-066-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 11 :43 a.m. MAYOR , \...'