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HomeMy WebLinkAbout04/27/1998 ...... Council Minutes PRAYERS ROLL CALL Present Were: Also Present: '-- MUNICIPALITY OF CLARINGTON April 27, ]998 Minutes of a regular meeting of Council held on Monday, April 27, ]998, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe CouncillorJ. Schell Councillor C. Trim Councillor T. Young Chief Administrative Officer, W. H. Stockwell Director of Community Services, 1. Caruana (Attended until 8:40 p.m.) Fire Chief, M. Creighton (Attended until 8:40 p.m.) Solicitor, D. Hefferon (Attended until 9:30 p.m.) Treasurer, M. Marano (Attended until 8:40 p.m.) Director of Public Works, S. Vokes (Attended until 8:40 p.m.) Director of Planning and Development, F. Wu (Attended until 8:40 p.m.) Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST ...... Councillor Novak indicated that she would be disclosing a pecuniary interest with respect to the second and third delegations as well as Correspondence Items D - ], D - 2 and D - 3. Mayor Hamre advised that Friday, April 24, ]998, an episode occurred at Darlington Nuclear Generating Station and that Bob Strickert, Site Vice-President, together with Penny Waghorne, are in attendance this evening to provide an explanation of the events. She requested Fire Chief Creighton to provide an account of the actions which the municipality undertook during this time. Council Minutes \w - 2 - April 27, ] 998 Fire Chief Creighton provided a verbal report regarding the municipality's response to the abnormal incident, which was reported at Darlington Nuclear Generating Station at approximately 6: 15 p.m. on Friday, April 24, ]998. He advised that the emergency response team was called to the Municipal Operations Centre and remained there until stand- down was announced at approximately midnight. Bob Strickert, Site Vice-President, Darlington Nuclear Generating Station, advised that Unit 4 had been shut down for routine maintenance when a leak occurred at approximately 5:00 p.m. on April 24. Approximately 100 kg of heavy water accumulated in small puddles on the floor. An on-site emergency was declared and full activation of their emergency plan was put into place. Later, in reviewing the incident, it was determined that the plant's staff had been over conservative in declaring the episode as an "on-site emergency" and it should have been declared an "abnormal incident". All radioactivity was contained within one room. He indicated that Hydro's procedures are being reviewed to ensure staff are able to properly determine the nature of an incident. MINUTES OF PREVIOUS MEETING '-' PRESENTATION ~ Resolution #C-367-98 Moved by Councillor Trim, seconded by Councillor Mutton THAT the minutes of a regular meeting of Council held on April 14, 1998 be approved. "CARRIED" Mayor Hamre presented a plaque and flowers to Donna Benford in recognition of her act of heroism in alerting the Allin family of a fire at their home. Council was advised by Mrs. Allin that she was awakened at approximately 5:]5 a.m. by Mrs. Benford who happened to be driving by the home and spotted the fire. She feels that as a result of the actions taken by Mrs. Benford, she and her husband and their three children are alive today. Council Minutes """ DELEGATIONS \... \... - 3 - April 27, ]998 Wayne Belliveau, Co-Chair, Rubber Duck Committee, 73 Prout Drive, Bowmanville, LlC 4C7, advised Council that the Rubber Duck Derby is taking place on June 20, 1998. Scout Ryan Swan presented the Mayor and Members of Council with lapel pins in recognition of this event. Joe Domitrovic, 3872 Courtice Road, Courtice, LIE 2L5, advised prior to the meeting that he would not be addressing Council. Councillor Novak disclosed a pecuniary interest with respect to the delegation of Bernice Petryshyn, the nature of which is that she resides in close proximity to the subject property. Bernice Petryshyn, 1671 Taunton Road East, Hampton, LOB 110, indicated her ongoing disapproval of the possible granting of a temporary rezoning by-law for Mr. Domitrovic's property. The area is basically agricultural and residential with two clusters of housing within one kilometre ofthe property. Relocation of the business should not effect the present clientele as there is an industrial park area just off Courtice Road and Baseline, only five minutes from the present location. Mrs. Petryshyn read into the record a letter from J. Petryshyn and from Mr. and Mrs. A. Riseborough, both in objection to the proposal. Richard Stephenson, R.R. #1, Kendal, LOA ]EO, addressed Council with a concern over the safety of residents in the area of the Kendal Crown Lands. He indicated that the controlled hunt, which was put in place last year, was a failure, as enforcement was not carried out as was suggested. Mr. Stephenson resides adjacent to this property and he has found shotgun shells, coyote carcasses, feathers and hunters trespassing on his property. He indicated that some hunters shoot from road right-of-ways, and dogs are being allowed to run free. This is a rural area experiencing growth and also a higher demand for recreation. The area is too crowded to safely allow hunting and he requested that Council ban hunting in the municipality south of the 8th Concession and allow shotguns only to be used north of the 8th Concession. Lynn Whorpale, R.R. #], Newtonville, LOA 110, was called but was not present. Council Minutes '-' DELEGATIONS '- COMMUNICATIONS '- -4 - April 27, 1998 Eric Atkins, R.R. #1, Kendal, LOA ]EO, addressed Council with respect to unethical and lawless hunters using the Kendal Crown Lands and the issue of public safety in this area. Mr. Atkins submitted 65 letters from individuals concerned with this same matter. He indicated that the controlled hunt which was put in place in ]997, did not help the trespassing issue. He is requesting that Council review the Firearms By-law and ban hunting south of the 8th Concession and allow for the use of shotguns only north of the 8th Concession. Resolution #C-368-98 Moved by Councillor Young, seconded by Councillor Schell THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:15 p.m. Resolution #C-369-98 Moved by Councillor Rowe, seconded by Councillor Trim THAT the communications to be received for information be approved with the exception ofItem I - 5. "CARRIED" I - ] Media Release received from Margaret Rodgers, Curator Director, Visual Arts Centre of Clarington - Call for Entry - Fifteenth Annual Juried Photography Exhibition; I - 2 Press Release received from Zona Canada R & D - Karla Ingleton - Jazz & Blues Musicians of Durham Cookin' Up Huge Fat Cat Festival Feast; 1-3 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Consultation Draft of the Greater Toronto Services Board Act, March ]998; \... '-" ~ Council Minutes COMMUNICATIONS 1-5 Charity Casinos P09.GE - 5 - April 27, ]998 1-4 Correspondence received from John R. O'Toole, MPP, Durham East - G.T.A.; 1-6 Correspondence received from Brian Suter, City Clerk, City of Oshawa - Oshawa's Response to: "A Proposed Greater Toronto Service Board Act"; I - 7 Correspondence received from Amir Guindi, Editor-in-Chief, Department of Foreign Affairs - Multilateral Agreement on Investment (MAl); 1-8 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on April 7, 1998; and 1-9 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - By-law No. 30-98 - Adoption of Regional Estimates for the Year. Resolution #C-370-98 Moved by Councillor Rowe, seconded by Councillor Trim THAT the correspondence dated April 9, ] 998, from Chris Hodgson, Chair, Management Board of Cabinet, advising of a new model for the implementation of Charity Casinos in Ontario, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-371-98 Moved by Councillor Young, seconded by Councillor Schell THAT the foregoing Resolution #C-370-98 be amended by adding the following thereto: Council Minutes '-' COMMUNICATIONS D-4 Proclamation of Lung Association Clean Air Month M02.GE '- D-5 Kids Day International M02.GE """ - 6 - April 27, ] 998 "and that the Municipality of Clarington reiterate its previous position that the Council does NOT want a charity casino, VL T' s or slot machines located anywhere within the Municipality of Clarington." "CARRIED" The foregoing Resolution #C-370-98 was then put to a vote and CARRIED AS AMENDED. Resolution #C-372-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 2, 1998, from Janet Georgieff, Executive Director, The Lung Association, regarding Lung Association Clean Air Month, be received; THAT the month of June] 998 be proclaimed "Lung Association Clean Air Month" in the Municipality ofClarington and advertised in accordance with municipal policy; and THAT Janet Georgieffbe advised of Council's decision. "CARRIED" Resolution #C-373-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 2, ] 998, from Dr. Simina Velji, Bowmanville Family Wellness Centre regarding Health, Safety and Environmental Awareness Day, be received; THAT May 9, 1998 be proclaimed "Health, Safety and Environmental Awareness Day" in the Municipality ofClarington and advertised in accordance with municipal policy; and THAT Dr. Simina Velji be advised of Council's decision. "CARRIED" '- \... \- Council Minutes COMMUNICATIONS D-6 Dog Licensing By-law PI4.AN D - 8 World Mental Health Day M02.GE D-9 Lishman Proposal DI4.DEV.97-058 -7 - April 27, ]998 Resolution #C-374-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 7, ]998, from Helen Gabel regarding the municipality's dog licensing by-law, be received; THAT the correspondence be referred to the Clerk's Department for review, in conjunction with the Animal Advisory Committee, and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Helen Gabel be advised of Council's decision. "CARRIED" Resolution #C-375-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 6, ] 998, from Donald Cousens, Mayor, Town of Markham regarding World Mental Health Day, be received; THAT October ]0, ] 998 be proclaimed "World Mental Health Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Mayor Donald Cousens be advised of Council's decision. "CARRIED" Resolution #C-376-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 13, ]998, from R. and Paula Kuipers regarding the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; '-' '-' '- Council Minutes COMMUNICATIONS D-IO Lishman Proposal DI4.DEV.97-058 D-ll Lishman Proposal D14.DEV.97-058 - 8 - April 27, ]998 THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and THAT R. and Paula Kuipers be advised of Council's decision. "CARRIED" Resolution #C-377-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated March 30, ] 998, from John Berry 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 John Berry be advised of Council's decision. "CARRIED" Resolution #C-378-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence received from David and Sandra Dalzell 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 David and Sandra Dalzell be advised of Council' s decision. "CARRIED" ~ '-" \... Council Minutes COMMUNICATIONS D- ]4 Appointment Abandoned Cemeteries Board C]2.AB D -]5 National Emergency Preparedness Week M02.GE - 9 - April 27, 1998 Resolution #C-379-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 2], ] 998 from Gordon Barrie requesting the appointment of an additional member to the Abandoned Cemeteries Board, be received; THAT Fred Griffin be appointed to the Abandoned Cemeteries Board for a term concurrent with the term of Council; THAT the appropriate by-law be forwarded to Council for approval; and THAT Gordon Barrie and Fred Griffin be advised of Council's decision. "CARRIED" Resolution #C-380-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April 8, ] 998, from Robert Runciman, Solicitor General and Minister of Correctional Services regarding National Emergency Preparedness Week be received; THAT the week of May 4 to ]0, ]998 be proclaimed "Emergency Preparedness Week" in the Municipality ofClarington and advertised in accordance with municipal policy; and THAT Robert Runciman be advised of Council's decision. "CARRIED" Councillor Novak disclosed a pecuniary interest with respect to Correspondence Items D - ], D - 2 and D - 3, the nature of which is that she resides in close proximity to the subject property. Councillor Novak vacated her chair and refrained from discussion and voting on the subject matter. '-' '-- ~ Council Minutes COMMUNICATIONS D-] Rezoning - Joe Domitrovic Dl4.DEV.98-00] D-2 Rezoning - Joe Domitrovic D]4.DEV.98-00] D-3 Rezoning - Joe Domitrovic D14.DEV.98-00l - ]0- April 27, ] 998 Resolution #C- 38] -98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated April ] 0, 1998, from Bemice Petryshyn advising that she would not be in attendance at the Council meeting of April 10 and voicing her family's opposition to the rezoning application submitted by Joe Domitrovic, be received; and THAT Bemice Petryshyn be advised of Council's decision with respect to the rezoning application. "CARRIED" Resolution #C-382-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the correspondence dated March 30, ] 998, from Don Conaby, President, Oshawa Chamber of Commerce expressing support for the rezoning application submitted by Joe Domitrovic, be received; and THAT Don Conaby be advised of Council's decision with respect to the rezoning application. "CARRIED" Resolution #C-383-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the items of correspondence dated April ]4, ]998, from MaryLynn Risebrough expressing opposition to the rezoning application submitted by Joe Domitrovic, be received; and THAT MaryLynn Risebrough be advised of Council's decision with respect to the rezoning application. "CARRIED" Council Minutes ~COMMUNICATIONS D-7 Northeast Comer of Highway #2 and Centrefield Drive R05.GE '- D- ]6 Petition re: Full Time Fire Protection - Courtice P]6.GE D-]2 Communities In Bloom M02.GE '-- - 11 - April 27, 1998 Resolution #C-384-98 Moved by Councillor Young, seconded by Councillor Rowe THAT the correspondence dated April 5, ]998, from Marie Racine regarding the property located at the north east comer of Highway 2 and Centrefield Drive in Courtice, be received; THAT the correspondence be referred to the Senior Municipal Law Enforcement Officer to deal with the concern of bees on the property; and THAT the correspondence be referred to the Director of Public Works for review of the feasibility of developing soccer pitches on the subject site and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Mrs. Racine be advised of Council's decision. "CARRIED" Resolution #C-385-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the petition received from 405 residents of the Courtice area, requesting that the Courtice Fire Hall be staffed 24 hours a day, 7 days a week, for full time fire protection, be received; THAT the petition be referred to the ] 998 budget discussions; and THAT Bev Azevedo, lead petitioner, be advised of Council's decision. "CARRIED" Resolution #C-386-98 Moved by Councillor Novak, seconded by Councillor Schell THAT the correspondence dated March 31, ] 998, from Raymond Carriere, National Chairman, Communities in Bloom, inviting the municipality to participate in the] 998 program, be received for information. "CARRIED" '- ~ """ Council Minutes COMMUNICA nONS D-13 GTA Canada Goose Committee D02.GT MOTION NOTICE OF MOTION REPORTS Report # 1 G.P.A. Report April 20, ] 998 Report #2 - ]2 - April 27, ]998 Resolution #C-387-98 Moved by Councillor Schell, seconded by Councillor Novak THAT the correspondence dated April] 4, 1998, from Bruce Carr, Interim Chair, GT A Canada Goose Management Committee, requesting financial support, be received for information. "CARRIED" Council Mutton advised that he would not be proceeding with his Notice of Motion at this time. Resolution #C-388-98 Moved by Councillor Novak, seconded by Councillor Rowe THAT the General Purpose and Administration Committee Report of April 20, ] 998, be approved. "CARRIED" Resolution #C-389-98 Moved by Councillor Young, seconded by Councillor Schell THAT Confidential Report CD-26-98, pertaining to a personnel matter, be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Council Minutes - 13 - April 27, ]998 \... UNFINISHED BUSINESS Resolution #C-390-98 Moved by Councillor Novak, seconded by Councillor Schell THAT the delegation of Wayne Belliveau and Ryan Swan be acknowledged with appreciation; THAT they be thanked for the lapel pins recognizing Clarington Rubber Duck Derby and advised that the municipality looks forward to working with them in ensuring that the annual Derby is a success. "CARRIED" Councillor Novak disclosed a pecuniary interest with respect to the delegation of Bernice Petryshyn, the nature of which is that she resides in close proximity to the subject property. Councillor Novak vacated her chair and refrained from discussion and voting on the following resolution. \... Resolution #C-39l-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Bernice Petryshyn be acknowledged and she be advised of Council's decision in this matter. "CARRIED" Resolution #C-392-98 Moved by Councillor Schell, seconded by Councillor Trim THAT the delegations of Richard Stephenson and Eric Atkins be acknowledged; THAT their comments be referred to the Clerk's Department for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Richard Stephenson and Eric Atkins be advised of Council's decision. '- "CARRIED" Council Minutes '- BY-LAWS \..,.. '- - ]4 - April 27, ]998 Resolution #C-393-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 98-65 being a by-law to adopt Amendment No.5 to the Clarington Official Plan (Wed Investments Ltd. and Bayly Holdings Ltd.); 98-66 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Randy Henry, ]070702 Ontario Ltd.); 98-67 being a by-law to layout and establish certain lands and premises within the Municipality ofClarington as public highway; 98-68 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; 98-69 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; 98-70 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality ofClarington; 98-7] being a by-law to authorize the entering into of an agreement with W. E. Roth Construction Limited the owners of Plan of Subdivision l8T-89082 and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -89082. "CARRIED" Resolution #C-394-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the third and final reading of By-laws 98-65 to 98-7] inclusive, be approved. "CARRIED" Council Minutes ~ OTHER BUSINESS '-' '-' - ]5 - April 27, ]998 Resolution #C-395-98 Moved by Councillor Mutton, seconded by Councillor Trim WHEREAS the Municipality ofClarington is concerned with its ability to set the 1998 budget, and collect sufficient tax revenues in time to pay the Region of Durham and School Board levies; WHEREAS the Province of Ontario has delayed the delivery of the assessment roll, on which all municipal taxes are calculated, until May 29, ]998; WHEREAS the Province of Ontario has created significant changes to the assessment system in the provision of options which will require considerable time for municipalities to consider and which will generate computer systems changes to be programmed before tax bills can be mailed; WHEREAS the Province of Ontario has permitted the Upper Tier Municipalities to increase their interim levies by up to ] 04% (Durham @ 82% ) ofthe prior year's tax levy; WHEREAS the Province of Ontario requires that the Upper Tier levy be paid on request; WHEREAS the Province of Ontario requires that the School Board installments be paid by June 30, ] 998; and WHEREAS the Lower Tier Municipalities will not be financially able to continue with normal operations, pay the School Boards or the Upper Tier levies without significant borrowing costs; NOW THEREFORE BE IT RESOLVED THAT, in order to permit municipalities to pass their] 998 operating budgets, the Province of Ontario be requested to pass legislation FORTHWITH to permit the following: (]) THAT Lower Tier Municipalities be permitted to issue a second interim tax bill for up to 100 % of the prior year's taxes for all purposes; (2) THAT the Province delay the transfer date of the second School Board installment from June 30 to August 31, ] 998; and Council Minutes '- OTHER BUSINESS \.. New Municipal Act L]I.PR '- - ]6 - April 27, ]998 (3) THAT the Province fund the cost of borrowing incurred by any municipality in order to pay the] 998 levy to the Upper Tier, or the School Boards. THAT the Regional Municipality of Durham and its area municipalities and the GTA Mayors and Regional Chairs, be requested to endorse the above resolution; THAT the MPPs within the Region of Durham be notified of the above resolution; and THAT the Municipal Finance Officer's Association (M.F.O.A.), the Association of Municipal Clerks and Treasurers (A.M.C.T.O.), and the Association of Municipalities of Ontario (AM.O.), be provided a copy of the above resolution and requested to forward it to their membership for endorsement. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Resolution #C-396-98 Moved by Councillor Young, seconded by Councillor Rowe WHEREAS the proposed new Municipal Act is probably the most major legislation affecting local government and its constituents to come forward since the original Municipal Act; WHEREAS it comes at a time of Provincially initiated mass confusion in local government; WHEREAS it will determine the future of all local governments; Council Minutes '- OTHER BUSINESS '- \",.. - 17- April 27, ]998 THEREFORE BE IT RESOLVED THAT the Province of Ontario be requested to extend the time allowed for comment back to allow for meaningful and knowledgeable comment reflecting the interest of the constituency; THAT the Municipality of Clarington demand a moratorium be placed on any further Provincially legislated changes impacting local governments and the property taxpayers until those changes already in process are completed and known, including resulting regulations, and are in concurrence of the majority of Ontario's local governments; and THAT a copy of this resolution be forwarded to the Honourable Michael D. Harris, Premier of Ontario; the Honourable Allan Leach, Minister of Municipal Affairs and Housing; the Honourable Ernie Eves, Minister of Finance; all Durham MPP's; GTA Mayors and Regional Chairs and the Association of Municipalities of Ontario (AMO). "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Resolution #C-397-98 Moved by Councillor Novak, seconded by Councillor Young THAT the meeting be "closed" for the purpose of discussing a personnel issue and a legal issue. "CARRIED" Councillor Novak disclosed a pecuniary interest during the "closed" session of Council; vacated her chair and refrained from discussion and voting on the following resolution. '- '- '- Council Minutes OTHER BUSINESS - 18- April 27, 1998 Resolution #C-398-98 Moved by Councillor Young, seconded by Councillor Rowe THAT the actions taken during the "closed" session of Council be confirmed. "CARRIED" CONFIRMING BY-LAW Councillor Novak disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Resolution #C-399-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT leave be granted to introduce By-law 98-72, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of April] 998, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-400-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the third and final reading of By-law 98-72 be approved. "CARRIED" '""' '- ~ Council Minutes ADJOURNMENT - 19- April 27, ] 998 Resolution #C-40]-98 Moved by Councillor Young, seconded by Councillor Rowe THAT the meeting adjourn at 9:40 p.m. "CARRIED" .$j4i'~~/