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HomeMy WebLinkAbout01/27/1997 . . . MUNICIPALITY OF CLARINGTON Council Minutes January 27, 1997 Minutes of a regular meeting of Council held on Monday, January 27, 1997, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton (Attended Until 9:10 p.m.) Solicitor, D. Hefferon Treasurer,M. Marano Director of Public Works, S. Vokes (Attended Until 9:10 p.m.) Director of Planning and Development, F. Wu (Attended Until 9:10 p.m.) Clerk, P. Barrie DECLARATIONS OF INTEREST Councillor Novak indicated that she would be making a declaration of interest with respect to the delegation of Joe Domitrovic and consideration of Item #6 of Report #1. Councillor Novak advised that she resides in close proximity of the subject area. MINUTES OF PREVIOUS MEETING Resolution #C-39-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on January 13, 1997 be approved. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes - 2 - January 27, 1997 MINUTES Resolution #C-40-97 Moved by Councillor Pingle, seconded by Councillor Novak THAT the foregoing Resolution #C-39-97 be amended as follows: . by deleting the word 'three' in Resolution #C-31-97 and substituting it with the word 'two'; and . by deleting the words '24th day of June 1996,' in Resolution #C-36-97 and substituting them with the words '13th day of January 1997'. "CARRIED" The foregoing Resolution #C-39-97 was then put to a vote and CARRIED AS AMENDED. PRESENTATION Janie Dodds, Chairperson, Local Architectural Advisory Committee, together with Bill Patterson, Mavis Carlton and Diane Grandfield presented heritage designation plaques to the following: . . . . . . . Mr. and Mrs. Tibbie, 166 Simpson Avenue, Bowmanville Mr. and Mrs. Berry, 27 Beech Avenue, Bowmanville Mr. Dan Hooper, Hooper's Jewellers, 39-43 King Street West, Bowmanville Mr. Rick James, The Canadian Statesman, 62-66 King Street West, Bowmanville Mr. and Mrs. Knox, 182 Church Street, Bowmanville Mr. Massardo, 4478 Highway 3S/11S, Orono Mayor Hamre, Bowmanville Town Hall, 40 Temperance Street, Bowmanville DELEGATIONS Corrine Allin, 3S74 Concession Road 3, Newcastle, LIB lL9 addressed Council on behalf of Newcastle Family Connection. She described to Council the programs which the Newcastle Family Connection have developed and offer to families at their present location in the Newcastle Community Hall. She indicated that the group has been involved in discussions with the Newcastle Hall Board and have concerns regarding their relationship with the Board and the degree of financial commitment required to stay in this location. She presented some suggestions for Council's consideration when the appointments to this hall board are considered. Joe Domitrovic, 3872 Courtice Road, Courtice, LIE 2LS addressed Council in opposition to the recommendations contained in staff Report PD-12-97 (Item #6 of Report #1). He submitted for Council's information, letters from area residents stating that an auto body shop existed on his property prior to 1984 and he is requesting that Council recognize his operation as a "legal, non-confirming use" in the Official Plan. . Council Minutes DELEGATIONS - 3 - January 27, 1997 Resolution #C-41-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the delegation of Gerald Brown be referred to the end of the agenda to be heard during the "Closed" session of Council. "CARRIED" Mr. D. English, RR #S, Bowmanville, LlC 3K6 addressed Council in opposition to the recommendations contained in staff Report PD-16-97 (Item #9 of Report #1). He quoted Section 7 of By-law 93-74 and advised that, in his estimation, his property conforms to that section. He stated that he is not requesting an exemption from the by- law, only that the by-law be honoured. Pauline Storks and Dick Lovekin, 11 King Street East, Newcastle, LIB lID addressed Council on behalf of the Newcastle Ad Hoc Committee attempting to prohibit the demolition of the Newcastle Public School. Ms. Storks advised that the School Board has made no attempt to present the Committee's views to the Province and requested that Council once again request the Board of Education to hold off the demolition and to schedule a public meeting to discuss this issue. . COMMUNICATIONS Resolution #C-42-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the communications to be received for information be approved, with the exception of Items 6, 13 and 18. "CARRIED" 1- 1 Correspondence received from Ron Smith, Mayor, Town of Port Hope pertaining to Low Level Radioactive Waste Facility; I - 2 Correspondence received from RC. Sudds, Superintendent of Business and Treasurer, The Northumberland-Clarington Board of Education - Budget Committee Meeting Dates; 1-3 1-4 1- S . I - 7 1-8 Correspondence received from the "Who Does What" panel - Significant Reforms to Ontario's Education System; Correspondence received from the "Who Does What" panel - New Plan for Social and Community Health Services and Changes to Police Services Act; Correspondence received from the "Who Does What" panel - Transportation, Water/Sewage/Septic, Provincial Offences Act and Libraries; Correspondence received from Al Palladini, Minister of Transportation - MTO's Highway 407 Partial Extension and Highway 407 East projects; Correspondence received from the "Who Does What" panel - What's Next?; . Council Minutes COMMUNICATIONS - 4 - January 27, 1997 I - 9 Correspondence received from Norman W. Sterling, Minister of Environment and Energy - Municipal Responsibility for Water and Sewage Systems; 1- 10 Correspondence received from Alex Shepherd, M.P. - Veterans Parkway; I - 11 Correspondence received from Bryon Wilfert, President, Federation of Canadian Municipalities - Update of FCM Activities; I - 12 Correspondence received from Marjory Morden, Clerk, Town of Caledon - Development Charges Legislation; I - 14 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on January 7, 1997; I - IS Information Bulletin received from Municipal Finance Officers' Association of Ontario - Provincial Offences Act and Public Libraries Act; 1- 16 Correspondence received from John Ecker, Manager, Marketing and Communications, Ontario Heritage Foundation - Heritage Community Recognition Program; 1- 17 . 1- 19 1-20 1-21 1-22 1-23 Minutes of a meeting of the Newcastle Community Hall Board held on November 18, 1996; Municipal Alert received from the Association of Municipalities of Ontario - Province Releases Figures on Overall Financial Impacts of Who Does What; Municipal Alert received from the Association of Municipalities of Ontario - Province Announces Directions from Health and Social Services; Municipal Alert received from the Association of Municipalities of Ontario - Provincial Offences to be Transferred to The Municipal Sector; News Release received from the Treasury Board of Canada - Federal Government Proposes an Extension of the Canada Infrastructure Program; News Release received from the Ministry of the Solicitor General and Correctional Services - Amended Police Services Act Introduces Taxpayer Fairness; I - 24 News Release received from the Ministry of Education and Training - Reforms to Take Education off Property Tax, Meet Students' Needs; I - 2S News Release received from the Ministry of Transportation - Province Reduces Duplication in the Delivery of Public Transportation Services; . I - 26 Correspondence received from N. L. Embree, Joint Project Manager, York Region - Preferred Solution for Long Term Water Supply; and I - 27 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on January 21, 1997. "CARRIED" . . . Council Minutes - s - January 27, 1997 COMMUNICATIONS Resolution #C-43-97 1-6 Resolution re: Provincial Highway Transfers ClO.AD 1-13 Animal Advisory Committee Minutes C12.AN 1- 18 Province Announces Assessment and Property Tax Reform M06.GE Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the correspondence items dated January 8, 1997 from Mary Jo Woollam, Regional Clerk, Regional Municipality of Ottawa-Carleton regarding Provincial Highway Transfers and Stop Signs be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-44-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the foregoing Resolution #C-44-97 be amended by adding the following wording thereto: "and that the resolution of the Regional Municipality of Ottawa-Carleton regarding transfer of provincial highway to municipalities be endorsed." "CARRIED" The foregoing Resolution #C-43-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-4S-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the minutes of a meeting of the Animal Advisory Committee held on December 12, 1996 be received for information. "CARRIED" Resolution #C-46-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the Municipal Alert received from the Association of Municipalities of Ontario entitled "Province Announces Assessment and Property Tax Reform" be received for information. "CARRIED" . . . Council Minutes - 6 - January 27, 1997 COMMUNICATIONS Resolution #C-47-97 D - 1 Big Brothers Bowl for Millions M02.GE D - 2 Memorial Hospital Tag Day M02.GE D - 3 Heart and Stroke Month M02.GE Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated January 7, 1997 from Nancy Scott, Executive Director, Big Brothers of Clarington regarding the Bowl for Millions campaign, be received; THAT the week of February IS to 22, 1997 be proclaimed "Bowl for Millions Week" in the Municipality of Clarington and advertised in accordance with Municipal Policy; THAT permission be granted to Big Brothers of Clarington to fly their flag in the Town Square during their campaign; and THAT Nancy Scott be advised of Council's decision. "CARRIED" Resolution #C-48-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated January IS, 1997 from June Hunter, President, Hospital Auxiliary regarding the Annual Tag Day, be received; THAT permission be granted to the Auxiliary to Memorial Hospital - Bowmanville to hold their Annual Tag Day on Friday, May 9, 1997; and THAT June Hunter be advised of Council's decision. "CARRIED" Resolution #C-49-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated January 20, 1997 from Anne Capon, Area Co-ordinator, Durham East, Heart and Stroke Foundation of Ontario requesting proclamation of Heart and Stroke Month, be received; THAT the month of February 1997 be proclaimed "Heart and Stroke Month" in the Municipality of Clarington and advertised in accordance with Municipal Policy; THAT permission be granted to the Heart and Stroke Foundation of Ontario to fly their flag in the Town Square during their campaign; and THAT Anne Capon be advised of Council's decision. "CARRIED" . . . Council Minutes - 7 - January 27, 1997 COMMUNICATIONS Resolution #C-SO-97 D - S International Development Week M02.GE D - 8 Nevada Lottery Licence St. John Ambulance P09.ST D - 4 Deposit/ Refund System For LCBO Containers E07.GE D - 6 Infrastructure Program Campaign M06.GE Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated January IS, 1997 from Jacques Jobin, Director, FCM International Office requesting proclamation of International Development Week 1997, be received; THAT the week of February 2 to 8, 1997 be proclaimed "International Development Week" in the Municipality of Clarington and advertised in accordance with Municipal Policy; and THAT Jacques Jobin be advised of Council's decision. "CARRIED" Resolution #C-Sl-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the application to manage and conduct a Nevada Lottery at Bowmanville Mini- Mart, 43 King Street East, Bowmanville, submitted by St. John Ambulance, be received; THAT the request of St. John Ambulance be approved subject to the applicant complying with the terms and conditions imposed by the Municipality and the Province; and THAT Dan Matthews and Hugh Taylor be advised of Council's decision. "CARRIED" Resolution #C-S2-97 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the correspondence dated January 9, 1997, from Livio Camarra, President, Canadian Bottle Recyclers Inc., regarding a DepositlRefund System for LCBO Containers, be received; THAT the position of the Municipality of Metropolitan Toronto supporting deposits/return regulations on spirit and wine bottles sold by the LCBO, be endorsed by the Council of the Municipality of Clarington; and THAT Livio Camarra be advised of Council's decision. "CARRIED" Resolution #C-S3-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott WHEREAS municipal involvement in the tripartite municipal/provincial/federal model was a determining factor in the success of the present program; . . . Council Minutes - 8 - January 27, 1997 COMMUNICATIONS D -7 Invitation to Hold 1998 Ontario Summer or Winter Games M02.GE MOTION WHEREAS municipal governments are fully elected and have their own source of revenues through property taxes; WHEREAS municipal government participation ensures: a financially viable third partner in any tripartite arrangement; a quick start to the program; and a second phase that builds on past experience; WHEREAS the current program has created 100,000 jobs and has generated over 12,000 infrastructure projects; WHEREAS the program met its two main objectives: job creation and infrastructure renewal; WHEREAS the overwhelming majority of municipal governments in Canada support renewal of the program; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington urge the Prime Minister of Canada to launch Phase II of the infrastructure program and that any such program must include municipal governments as full-partners; and BE IT FURTHER RESOLVED THAT the Municipality of Clarington forward copies of this resolution to the Prime Minister, the Minister of Finance, local Cabinet Ministers, local MP's at the federal level; Premier/Government Leader, Finance Minister, local Cabinet Ministers and legislators at the provincial/territorial level; and to the FCM secretariat. "CARRIED" Resolution #C-S4-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated January 14, 1997, from Marilyn Mushinski, Minister of Citizenship, Culture and Recreation, inviting the Municipality to bid to host the 1998 Ontario Summer or Winter Games, be received for information. "CARRIED" NOTICE OF MOTION COMMI1TEE REPORTS Report #1 GPA Report January 20/97 Resolution #C-SS-97 Moved by Councillor Dreslinski, seconded by Councillor THAT the General Purpose and Administration Committee Report of January 20, 1997, be approved with the exception of Items l(b) and #6. "CARRIED" . . . Council Minutes - 9 - January 27, 1997 RECESS Resolution #C-S6-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT Council recess for IS minutes. "CARRIED" The meeting reconvened at 8:2S p.m. Item #l(b) Resolution #C-S7-97 Bill 98 Development Charges Act F21.DE Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the Director of Planning and Development be instructed to amend Report PD-1S-97 by adding the following information to the table included therein: Key Differences Between The 1989 and the 1996 Development Charges Act ISSUES OLD ACT NEW ACT COMMENTS Front-end . permits front-end . restricts front-end . new act should Financing agreements in a agreements to situations permit front- end range of situations in which construction of agreements to be made the capital works which is where capital works that to be front-end financed are front-end financed has not begun at the time have been constructed, the agreement is made are under construction or construction of them has not begun at the time the agreement is made "CARRIED" . . . Council Minutes REPORTS Item #6 Durham Region OPA Domitrovic D09.ROP A. 96.016 Report #2 - 10 - January 27, 1997 Councillor Novak made a declaration of interest with respect to Item #6 of Report #1; vacated her chair and refrained from voting and discussion on the subject matter. Councillor Novak indicated that she resides in the immediate area which is subject to this application. Resolution #C-S8-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Report PD-12-97 be referred back to staff to allow for the petition submitted by the applicant be reviewed and confirmed; THAT the Planning and Development Department review procedures of other municipalities regarding legal non-conforming uses and report back to Council on February 10, 1997; and THAT Joe Domitrovic be advised of Council's decision. "CARRIED" Resolution #C-S9-97 Municipal Moved by Councillor Novak, seconded by Councillor Pingle Services (Emergency) THAT Report ADMIN.2-97 be received; P03.GE THAT the Chief Administrative Officer, with the appropriate Staff, be directed to continue investigations with the City of Oshawa on the cost of services that could be provided on a co-operative basis with Clarington, and report back to Council; THAT Staff investigate and report back on the possibility and potential costs related to the use of the Oshawa City Hall for use as a Municipal Emergency Operations Centre; THAT Staff investigate, with the City of Oshawa and the Province, the potential for the funding of a joint project under the Joint Emergency Preparedness Plan and, if allowed, prepare and submit an amended application to the J.E.P.P. for such a project; and THAT the Chief Administrative Officer of the City of Oshawa, Mr. J. Brown, and his staff be thanked for the co-operative participation in the discussions relating to the co- operative provision of municipal services to date, and informed of Council's direction to proceed with cost analysis and future recommendations. "CARRIED" . . . Council Minutes REPORTS - 11 - January 27, 1997 Report #3 Resolution #C-60-97 Loan Status Moved by Councillor Scott, seconded by Councillor Pingle Kinsmen Club F11.CH THAT Report ADMIN.3-97 be received; Report #4 Confidential Property Matter BY-LAWS THAT the terms of the loan repayment of $16,SOO from the Kinsmen Club of Bowmanville be amended as follows: 1997 1998 1999 $S,SOO $S,SOO $S,SOO; THAT the Municipality continue to hold as collateral for the term of the loan, documented ownership of the bleachers; THAT all other terms of the original arrangement approved through Report ADMIN.19-94 remain unchanged; and THAT the Kinsmen Club of Bowmanville be notified of Council's decision. "CARRIED" Resolution #C-61-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Confidential Report TR-4-97 be referred to the end of the agenda to be considered during the "Closed" session of Council. "CARRIED" Resolution #C-62-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following By-laws, and that the said by-laws be now a read a first and second time. 97-10 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle; 97-11 being a by-law to amend Schedule "B" to By-law 96-32, a By-law requiring the payment of fees for information or services provided by the Municipality of Clarington; 97-12 being a by-law to amend By-law 91-S8, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 97-13 being a by-law to amend By-law 91-S8, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; . . . Council Minutes BY-LAWS - 12 - January 27, 1997 97-14 being a by-law to amend By-law 91-S8, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 97-1S being a by-law to amend By-law 91-S8, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 97-16 being a by-law to designate the property known for municipal purposes as 182 Church Street, Part Lot 12, Concession 1, former Town of Bowmanville, now in the Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, RS.O. 1990, Chapter 0.18; 97-17 being a by-law to designate the property known for municipal purposes as 4478 Highway 3S/11S, Part Lot 29, Concession 4, former Township of Clarke, now in the Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, RS.O. 1990, Chapter 0.18; 97-18 being a by-law to designate the property known for municipal purposes as 40 Temperance Street, Part Lot 12, Concession 1, former Town of Bowmanville, now in the Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, RS.O. 1990, Chapter 0.18; 97-20 being a by-law to amend By-law 91-S8, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington); and 97-21 being a by-law to authorize participation in the Ontario Municipal Employees Retirement System (OMERS) in respect of its Head of Council and Councillors. "CARRIED" Resolution #C-63-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 97-10 to 97-18, inclusive, By-law 97-20 and By-law 97-21 be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-64-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Corrine Allin be received and she be thanked for the information. "CARRIED" . . . Council Minutes - 13 - January 27, 1997 UNFINISHED BUSINESS Resolution #C-6S-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the delegation of Pauline Storks and Dick Lovekin be received and they be thanked for their deputation. "CARRIED" Resolution #C-66-97 Bowmanville Moved by Councillor Novak, seconded by Councillor Pingle Museum Board Appointments THAT Warner Fenn and Debbie Plyler be appointed to the Bowmanville Museum Board C12.BO for a term ending November 30, 1997; and THAT Larry Paradis, Bowmanville Museum Board Chair and all applicants be advised of Council's decision. "CARRIED" OTHER BUSINESS Regional Update Councillor Hannah advised that the matter of a charge for recyclables and hazardous waste at the transfer station has been referred back to the Works Department for a further recommendation to come forward. Mayor Hamre advised that the Finance and Administration Committee has started with the budget process and staff have been requested to cut $6M from the budget. The Police Department were requested to cut $4M but were unable to do so. The Committee subsequently requested that they cut at least $600,000 from the budget which they have been able to do. Committee/ Councillor Dreslinski advised that the Clarke Museum is the feature museum of the Board Update month on the internet. Councillor Hannah indicated that the Central Lake Ontario Conservation Authority has extended Russ Powell's contract for a three-year period. Mayor Hamre advised that during the GTA Mayors' Meeting held on Friday, January 24, 1997, Hazel McCallion was once again elected Chair of the Committee. Resolution #C-67-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the meeting be "Closed" in order to discuss property matters. "CARRIED" . . . Council Minutes - 14 - January 27, 1997 OTHER BUSINESS Resolution #C-68-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the actions taken during the "Closed" session of Council be confirmed. "CARRIED" Resolution #C-69-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-19, being a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and Mosport Park Limited, pursuant to the provisions of Section 8 of the Municipal Tax Sales Act, and that the said by-law be now read a first and second time. . "CARRIED" Resolution #C-70-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 97-19 be approved. "CARRIED" CONFIRMING BY-LAW Councillor Novak made a declaration of interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. "CARRIED" . . .' Council Minutes - IS - January 27, 1997 CONFIRMING BY-LAW Resolution #C- 71-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-22, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of January 1997, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-72-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 97-22 be approved. "CARRIED" ADJOURNMENT Resolution #C- 73-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the meeting adjourn at 9:SS p.m. "CARRIED" MAYOR