HomeMy WebLinkAbout02/09/1998
MUNICIPALITY OF CLARINGTON
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Council Minutes
February 9, 1998
Minutes of a regular meeting of Council
held on Monday, February 9, 1998, at
7:00 p.m., in the Council Chambers
PRAYERS
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were:
Mayor D. Hamre
Councillor J. Mutton
Councillor M. Novak
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Conncillor T. Young
Also Present:
Chief Administrative Officer, W. H. Stockwell
Director of Community Services, J. Caruana
Fire Chief, M. Creighton
Solicitor, D. Hefferon
Treasurer,~. ~arano
Director of Public Works, S. Vokes
Director of Planning and Development, F. Wu
Clerk, P. Barrie
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DECLARATIONS OF INTEREST
Councillor Mutton indicated that he would be making a declaration of interest
with respect to Correspondence Item D - 3.
Councillor Rowe indicated that she would be making a declaration of interest
with respect to Item #3 of Report #1.
Franklin Wu, Director of Planning and Development stated that he is in receipt
of a letter dated February 3, 1998, from Linda Gasser pertaining to the Lishman
Proposal. He stated that this letter contains innuendo and defamatory remarks
and alludes that the Lishman Proposal has received preferential treatment by him.
He indicated that the allegations contained in the letter are false and are an
attack on his professional integrity.
MINUTES OF PREVIOUS MEETING
Resolution #C-95-98
Moved by Councillor Trim, seconded by Councillor Mutton
THAT the minutes of a regular meeting of Council held on January 26, 1998,
be approved.
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"CARRIED"
Council Minutes
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DELEGATIONS
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COMMUNICATIONS
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Fcbruary 9, 1998
Linda Gasser, P.O. Box 399, Orono, LOB 1MO, advised Council that the letter
dated February 3, 1998, which the Director of Planning and Development referred
to, was not a personal attack on him. This letter was dealing with the
Environmental Impact Study process and she feels the decision to determine that
the study was not applicable should have been made by Council, not by one
individual.
Mrs. Gasser addressed Council with respect to Report PD-12-98 and advised that
several people who spoke during the General Purpose and Administration
Committee meeting of February 2, 1998, said that they would support the
Lishman's proposal if they were to relocate to properly serviced industrial land.
With the rapid expansion of the municipality on the residential front, urban
sprawl is resulting. Without carefully managed growth, not only will urbanization
threaten the lifestyle for which many chose Clarington in the first place, it will
lead to dire financial consequences for the municipality. Because residential
development is not self-financing, municipalities look for commercial and
industrial assessment to pay for the shortfall and balance the books. Desirable
and sustainable economic development requires a consistent and professional
approach which takes into account the variety of needs and wants of the residents
and businesses of this municipality. Mrs. Gasser indicated that in the year 1989,
the most recent figures available, sport fishing related spending in Durham
Region amounted to $20.8 million. Agriculture is the largest industry in
Clarington and, according to the 1996 census, the gross value of farm production
in Durham Region was $208.2 million. Degradation of streams and valleys and
fragmentation of the agricultural land base will be the legacy of the Lishman
development and the other projects that will surely follow this one. She urged
Conncil to carefully evaluate the proposal and to deal with the facts. She also
requested that Council revisit the exemption granted the Lishman proposal with
respect to the Environmental Impact Study requirement.
Resolution #C-96-98
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the communications to be received for information be approved with the
exception of Items I - 2, I - 6, I - 9 and I - 10.
"CARRIED"
I - 1 Correspondence received from Walter Taylor, Clerk, Township of
Uxbridge - Business Improvement Areas;
I - 3 Correspondence received from The Honourable AI Leach, Minister of
Municipal Affairs and Housing - Reform of Ontario's Social Housing
System;
Council Minntes
'-'" COMMUNICATIONS
- 3-
February 9, 1998
I - 4 Correspondence received from P.M. Madill, Regional Clerk, Regional
Municipality of Durham - Application to Amend the Durham Regional
Official Plan (OPA94-007) & Deferrals No. 27 & 29 to the Municipality
of Clarington Official Plan;
I - 5 News Release received from Central Lake Ontario Conservation - 1998
CLOCA Board of Directors Take Office;
I - 7 Minutes of a meeting of the Clarke Museum & Archives held on
January 6, 1998;
I - 8 Correspondence received from P.M. Madill, Regional Clerk, Regional
Municipality of Durham - Ministry of Natural Resources Withdrawal
From Plan Review Responsibilities for Fisheries Habitat Protection;
1-11
1-12
1-13
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1- 14
I - 15
1- 16
1-17
Correspondence received from Ann Matheson, Kid'n Around - A
Newspaper For Kids and Their Families;
CCF Bulletin #13 received from the Canadian Firearms Centre -
Firearms Act;
Correspondence received from P.M. Madill, Regional Clerk, Regional
Municipality of Durham - Highway 401 Widening, From Brock Road to
Harwood Avenue - Environmental Study Report;
Correspondence received from Julian Luke, Youth Career Info Fair
Co-ordinator - Youth Career Info Fair - March 23 & 24, 1998;
Correspondence received from The Honourable Janet Ecker, Minister of
Community and Social Services - Ontario's Welfare System;
Correspondence received from T. Schonberg, President, Memorial
Hospital, Bowmanville - Letter of Appreciation;
Correspondence received from P.M. Madill, Regional Clerk, Regional
Municipality of Durham - Ministerial Order for Exemption of Regional
Official Plan Amendments; and
I - 18 Correspondence received from P.M. Madill, Regional Clerk, Regional
Municipality of Durham - Hydro Easement - Hetherington/Quinn.
I - 2
Resolution #C-97-98
Racing Pigeons
POl.BY
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the correspondence dated January 27, 1998, from Dr. Hossam Yassein,
201 King Street West, Oshawa, L1J 2J5, with respect to a meeting being held on
Saturday, February 28, 1998, to resolve any outstanding issues pertaining to racing
pigeons, be received for information.
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"CARRIED"
Council Minutes
'-' COMMUNICATIONS
1-6
Resolution reo
Provincial
Downloading
ClOAD
1- 9
Notice of
Application -
Consumers Gas
E06.CO
I - 10
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c.L.0.c.A. Minutes
C06.CL
D - 2
Memorial Hospital
Tag Day
M02.GE
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February 9, 1998
Resolution #C-98-98
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the correspondence dated January 22, 1998, from Bruce Taylor, Town
Clerk, Town of Pickering, forwarding a resolution passed by the Council of the
Town of Pickering, instructing the Town's Solicitor to draft a contract between
the Town of Pickering and the Province of Ontario regarding the downloading of
services, be received for information.
"CARRIED"
Resolution #C-99-98
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the correspondence dated January 28, 1998, from Miriam J. Heinz,
Regulatory Co-ordinator, Consumers Gas, advising of a Notice of Application for
Consumers Gas 1999 Test Year Rate Case, be received for information.
"CARRIED"
Resolution #C-100-98
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the minutes of a meeting of the Central Lake Ontario Conservation
Authority held on January 20, 1998, be received for information.
"CARRIED"
Resolution #C-101-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence dated January 19, 1998 from June Hunter, President,
Hospital Auxiliary regarding the hospital's annual tag day, be received;
THAT permission be granted for Memorial Hospital - Bowmanville to hold their
annual Tag Day on Friday, May 8, 1998; and
THAT June Hunter be advised of Council's decision.
"CARRIED"
Council Minutes
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COMMUNICATIONS
D-S
Proclamation of
Child Poverty
Action Day
M02.GE
D - 6
Lishman Proposal
D09.0PA.97-020
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D -7
Lishman Proposal
D09.0PA.97-020
D - 8
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Proclamation of
Orono Town Hall Day
M02.GE
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February 9, 1998
Resolution #C-102-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence dated January 19, 1998 from Eileen Higdon, Durham
Child Poverty Committee regarding Child Poverty Action Day, be received;
THAT Tuesday, April 21, 1998 be proclaimed "Child Poverty Action Day" in the
Municipality of Clarington and advertised in accordance with municipal policy;
and
THAT Eileen Higdon be advised of Council's decision.
"CARRIED"
Resolution #C-103-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence dated February 2, 1998 from Susan Sawyer DaCosta
regarding the Official Plan Amendment Application submitted by Mr. and
Mrs. Lishman, be received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with the subject file; and
THAT Susan Sawyer DaCosta be advised of Council's decision.
"CARRIED"
Resolution #C-104-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence dated January 28, 1998 from Annabel and Henry
Sissons regarding the Official Plan Amendment Application submitted by Mr. and
Mrs. Lishman, be received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with the subject file; and
THAT Annabel and Henry Sissons be advised of Council's decision.
"CARRIED"
Resolution #C-lOS-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence dated January 22, 1998 from Elizabeth Bovaird, Board
of Management Orono Town Hall regarding Orono Town Hall Day, be received;
Council Minutes
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COMMUNICATIONS
D-lO
Street Light
Request
TOl.GE
D-ll
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Letter of
Resignation -
Bowmanville
Museum Board
C12.BO
D - 12
Ontario Senior
Games
M02.GE
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February 9, 1998
THAT Friday, May 22, 1998 be proclaimed "Orono Town Hall Day" in the
Municipality of Clarington and advertised in accordance with municipal policy;
and
THAT Elizabeth Bovaird be advised of Council's decision.
"CARRIED"
Resolution #C-106-98
Moved by Councillor Schell, seconded by CounciUor Trim
THAT the correspondence dated January 26,1998 from R. Jeffery, AR. Jeffery
Construction Limited requesting the installation of street lights from Oshawa's
Townline to Varcoe Road, be received; and
THAT R. Jeffery be advised that this project has been included in the Public
Works Department's Four-Year Forecast, with the design work being proposed
for 1998.
"CARRIED"
Resolution #C-107 -98
Moved by Councillor ScheU, seconded by Councillor Trim
THAT the correspondence dated January 28, 1998 from Debbie Flieler tendering
her resignation from the BowmanviUe Museum Board of Directors, be received
with regret;
THAT, as requested by the BowmanviUe Museum, Gladys Ashton be appointed
as the Friends Representative on the Board;
THAT the appropriate by-law be forwarded to Council; and
THAT Debbie Flieler, Gladys Ashton and Ellen Logan be advised of Council's
decision.
"CARRIED"
Resolution #C-108-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence dated January 21, 1998, from BiU Salter, President,
Ontario Senior Games Association, be received;
THAT the Ontario Senior Games Association be thanked for the invitation to bid
as the host of the 2000 Ontario Senior Games;
Council Minutes
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COMMUNICATIONS
D - 14
Nevada Lottery
Durham Central
Agricultural
Society
P09.DU
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D - 9
Lishman Proposal
D09.0P A.97-020
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February 9, 1998
THAT, in view of the recent Council direction to staff to explore the possibility of
the Regional Municipalities hosting the 2000 Ontario Games, the offer to host the
2000 Ontario Senior Games, be respectfully declined; and
THAT the Ontario Senior Games Association be advised of Council's decision.
"CARRIED"
Resolution #C-109-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the Application to Manage and Conduct a Break Open Ticket Lottery
submitted by the Durham Central Agricultural Society to conduct a Nevada
Lottery at Dulee's, 5294 Main Street, Orono, be received;
THAT the application be approved provided the applicants comply with all
provincial and municipal requirements; and
THAT Gordon Robinson and Bob Allin be advised of Council's decision.
"CARRIED"
Resolution #C-llO-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence received from the Brydson family regarding the
Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be
received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with the subject file; and
THAT the Brydson family be advised of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-111-98
Moved by Councillor Mutton, seconded by Councillor Schell
THAT the foregoing Resolution #C-110-98 be amended by adding the following
thereto:
"and forwarded a copy of Report PD-12-98."
"CARRIED"
The foregoing Resolution #C-llO-98 was then put to a votc and CARRIED AS
AMENDED.
Council Minutes
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COMMUNICATIONS
D -1
Request Financial
Assistance -
Disaster Relief Fund
FILCH
D - 3
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Resolution reo
Recyclable Containers
ClO.AD
D - 4
Ice Storm
Challenge
FILCH
D-13
GO Transit
Bus Service
AOl.GO
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February 9, 1998
Resolution #C-112-98
Moved by Councillor Mutton, seconded by Councillor Novak
THAT the correspondence dated January 16, 1998, from Reeve Dave Mack,
Township of Elizabethtown, requesting financial assistance for the ice storm of
1998, be received; and
THAT Reeve Dave Mack be advised of the actions taken by the Municipality of
Clarington in this regard.
"CARRIED"
Councillor Mutton made a declaration of interest with respect to Correspondence
Item D - 3, vacated his chair and refrained from discussion and voting on the
subject matter. Councillor Mutton indicated that he is employed by Brewers
Retain who is mentioned in the resolution of the Township of Hagarty &
Richards.
Resolution #C-113-98
Moved by Councillor Schell, seconded by Councillor Young
THAT the correspondence dated January 27, 1998, from Lorna Hudder,
Clerk-Treasurer, Township of Hagarty & Richards, requesting Council's
endorsement of a resolution pertaining to recyclable containers - deposit and
refund system, be received for information.
"CARRIED"
Resolution #C-114-98
Moved by Councillor Mutton, seconded by Councillor Novak
THAT the correspondence dated January 20, 1998, from William F. Bell, Mayor,
Town of Richmond Hill, issuing a challenge to municipalities to assist in the ice
storm of January 1998, be received; and
THAT Mayor Bell be advised of the actions taken by the Municipality of
Clarington in this regard.
"CARRIED"
Resolution #C-115-98
Moved by Councillor Schell, seconded by Councillor Mutton
WHEREAS Correspondence Item D - 13, dated January 19, 1998, has been
received from GO Transit, advising of the possible discontinuance of the local
transit service along Highway #2;
AND WHEREAS residents of the Municipality have requested a transit service
for the Bowmanville area;
Council Minutes
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COMMUNICATIONS
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February 9, 1998
AND WHEREAS much of the population of Bowmanville resides a long distance
from the business areas;
AND WHEREAS the Business Improvement Area and commercial areas would
greatly benefit from the residents having easy access to the businesses;
AND WHEREAS the idea of a local transit service has not been investigated for
many years;
AND WHEREAS many communities of equal or smaller size than Bowmanville
do maintain a transit service;
NOW THEREFORE BE IT RESOLVED THAT staff investigate and
communicate with the three local Business Improvement Areas regarding the
feasibility of having an independent bus service in Clarington, with a pilot project
in BowmanviUe.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-116-98
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the foregoing Resolution #C-115-98 be amended by adding the following
thereto:
"THAT staff be directed to work with Oshawa Transit and investigate the
feasibility of extending the Oshawa Transit service from Courtice into
BowmanviUe and Newcastle, and request information from the Regional
Transit Committee regarding the status of their work."
"CARRIED"
The foregoing Resolution #C-115-98 was then put to a vote and CARRIED AS
AMENDED.
Resolution #C-117-98
Moved by Councillor Rowe, seconded by Councillor ScheU
THAT the correspondence dated January 19, 1998, from Richard Ducharme,
Managing Director, GO Transit, regarding GO Transit Bus Service, be received;
and
THAT Mayor Hamre be directed to meet with the Regional Chair in order to
discuss existing GO Bus Service along Highway #2.
"CARRIED"
Council Minutes
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MOTION
NOTICE OF MOTION
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February 9, 1998
Councillors Mutton and Trim advised that at the next or subsequent meeting,
they would be introducing the following motion:
"THAT the Municipality of Clarington's Voluntary Fine Payment for
stopping and parking offences involving handicapped parking, be
increased from $100 to $200 and, further, that the Chief Judge for
Ontario be requested to establish a set fine in the amount of $300."
COMMITTEE REPORTS
Report #1
G.P.A. Report
February 2, 1998
Item #3
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Rczoning - Clinic
Building
Dl4.DEV.97-097
Item #12
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Old Scugog Road
Gaud Gate Road
Closure and
Reconstruction
T09.0L
Resolution #C-118-98
Moved by Councillor Novak, seconded by Councillor Mutton
THAT the General Purpose and Administration Committee Report of
February 2, 1998, be approved with the exception of Items #3, #12 and #14.
IICARRIEDII
Councillor Rowe made a declaration of interest with respect to Item #3 of
Report #1; vacated her chair and refrained from discussion and voting on the
subject matter; Councillor Rowe indicated that her husband is a business partner
of the Rezoning Application applicant.
Resolution #C-1l9-98
Moved by Councillor Novak, seconded by Councillor Mutton
THAT Report PD-11-98 be received;
THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By-Law 84-63, as amended, submitted by Barry-Bryan A,"ociates Limited
on behalf of Clinic Buildings (1979) Limited be referred back to staff for further
processing and preparation of a subsequent report pending receipt of all
outstanding comments; and
THAT the interested parties listed in Report PD-1l-98 and any delegation be
advised of Council's decision.
"CARRIED"
Resolution #C-120-98
Moved by Councillor Novak, seconded by Councillor Mutton
THAT Report WD-11-98 be received;
THAT the developer's application for closurc and conveyance be withdrawn;
Council Minutes
"" REPORTS
Item #14
Durham Regional
Police Curfew
P17.GE
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Report #2
Amendment to
Lottery Licensing
By-law
P09.GE
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February 9, 1998
THAT the proposed intersection reconstruction at Old Scugog Road and
Regional Road 57, as modified by the Region, be deemed as satisfactory to meet
the conditions of Draft Plan Approval as set out in Conditions 17, 18 and 19 in
Report PD-283-89, submitted on November 6, 1989;
THAT Mr. Bob Annaert and Mr. Bas VanAndel be advised of Council's decision;
and
THAT the residents of Old Scugog Road and Gaud Gate be advised of Council's
decision.
"CARRIED"
Resolution #C-121-98
Moved by Councillor Novak, seconded by Councillor Mutton
THAT the Clerk's Department contact the Durham Regional Police Department
for their input on the possibility of passing a by-law imposing a curfew in the
Municipality of Clarington;
THAT, pending the Durham Regional Police's approval of such a by-law, the
Committee to Assist Youth and all three local B.I.A.'s be contacted as well as
other municipalities that have put into force curfews in the past, for their input
into such a by-law; and
THAT a report be forwarded to the General Purpose and Administrative
Committee.
"CARRIED"
Resolution #C-122-98
Moved by Councillor Novak, seconded by Councillor Rowe
THAT Report CD-12-98 be received; and
THAT the by-law attached to Report CD-12-98 as Attachment No.1 be
forwarded to Council for approva1.
"CARRIED"
UNFINISHED BUSINESS
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Resolution #C-123-98
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the delegation of Linda Gasser he acknowledged.
"CARRIED"
Council Minutes
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BY-LAWS
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February 9, 1998
Resolution #C-124-98
Moved by Councillor Young, seconded by Councillor Trim
THAT leave be granted to introduce the following by-laws, and that the said
by-laws be now read a first and second time:
98-28 being a by-law to amend By-law No. 94-30, a by-law to provide for the
issuance of licences to manage and conduct bingo lotteries, break open
ticket (Nevada) lotteries, lottery schemes at bazaars and raffle lotteries;
98-29 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle (Walter John
Hale);
98-30 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
of the former Corporation of the Town of Newcastle (Quarry Lakes Golf
and Recreation Centre);
98-31 being a by-law to authorize the Release of an Agreement with 290572
Ontario Limited and the Corporation of the former Town of Newcastle,
now the Municipality of Clarington, for the development of Plan of
Subdivision 40M-1742 (Lincoln Green);
98-32 being a by-law to authorize the execution of an agreement between the
Corporation of the Municipality of Clarington and Animal Licensing
Service Inc.;
98-33 being a by-law to amend By-law 98-17, to provide for implementation
and collection of an interim tax levy for 1998 and to repeal By-laws 74-23
and 80-145;
98-34 being a by-law to designate the property known for municipal purposes as
62-66 King Street, Bowmanville, Municipality of Clarington as a property
of historic or architectural value or interest under the Ontario Heritage
Act, RS.O. 1990, Chapter 0.18;
98-35 being a by-law to designate the property known for municipal purposes as
5028 Main Street, Orono, Mnnicipality of Clarington as a property of
historic or architectural value or interest under the Ontario Heritage Act,
RS.O. 1990, Chapter 0.18; and
98-36 being a by-law to amend By-law 98-9, being a by-law to appoint Members
to the Bowmanville Museum Board.
"CARRIED"
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Council Minutes
BY-LAWS
OTHER BUSINESS
CONFIRMING BY-LAW
- 13 -
February 9, 1998
Resolution #C-125-98
Moved by Councillor Young, seconded by Councillor Trim
THAT the third and final reading of By-laws 98-28 to 98-36 inclusivc, be
approved.
"CARRIED"
Resolution #C-126-98
Moved by Councillor Novak, seconded by Councillor Schell
THAT the meeting be closed in order to discuss a legal matter.
"CARRIED"
Councillor Schell advised Members of Council that he had a declaration of
interest with respect to the legal matter discussed during the "closed" session of
Council and, therefore, left that portion of the meeting. Councillor Schell
indicated that he is employed by Blue Circle Canada Inc.
Resolution #C-127-98
Moved by Councillor Novak, seconded by Councillor Mutton
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
Councillors Mutton, Rowe and Schell made declarations of interest earlier in the
meeting and refrained from discussion and voting on the Confirming By-law.
Resolution #C-128-98
Moved by Councillor Young, seconded by Councillor Trim
THAT leave be granted to introduce By-law 98-37, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held
on the 9th day of February 1998, and that the said by-law be now read a first and
second time.
"CARRIED"
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Council Minutes
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February 9, 1998
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-129-98
Moved by Councillor Young, seconded by Councillor Trim
THAT the third and final reading of By-law 98-37 be approved.
"CARRIED"
Resolution #C-130-98
Moved by Councillor Young, seconded by Councillor Schell
THAT the meeting adjourn at 8:0S p.rn.
"CARRIED"
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MAYOR