HomeMy WebLinkAbout07/18/1994
. MUNICIPALITY OF CLARINGTON
Council Minutes July 18, 1994
Minutes of a regular meeting of Council
held on Monday, July 18, 1994, at 5:35 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 J. OToole (Attended at 5:40 p.m.)
Councillor D, Scott
Also Present: Chief Administrative Officer, W. H. Stockwell
Fire Chief, M. Creighton
Director of Public Works, W. Evans
Facility Superintendent, F. Horvath
Treasurer,~. ~arano
. Director of Planning and Development, F. Wu
Clerk, p, Barrie
MINUTES
Resolution #C-48l-94
Moved by Councillor Novak, seconded by Councillor Scott
THAT the minutes of a regular meeting of Council held on July II, 1994, be
approved.
"CARRIED"
DELEGATIONS
There were no delegations scheduled for this meeting.
COMMUNICATIONS
Resolution #C-482-94
Moved by Councillor Novak, seconded by Councillor Scott
THAT the communications to be received for information be approved with the
exception of Items I - 4 and I - 14.
e
"CARRIED"
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Council Minutes
COMMUNICATIONS
- 2-
July 18, 1994
I - I Correspondence received from Allan J. Darling, Secretary General,
Canadian Radio-television and Telecommunications Commission -
CHOO Radio Station, Acquisition of Assets and Conversion to FM;
I - 2 Currespondence received from C,W. Lundy, Clerk, Durham Region -
Demolition of Soper Creek Water Pollution Control Plant - Land
Exchange with the Municipality of Clarington;
I - 3
I - 5
I-6
I - 7
I - 8
. I - 9
I - 10
I - 11
I - 12
I - 13
I - 15
I - 16
I - 17
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Correspondence received from Newcastle Community Hall Board -
Minutes of a regular meeting held on June 20, 1994;
Correspondence received from Rick Cazabon, Executive Officer, Ontario
Provincial Police Association - 1994 Symposium on Policing;
Correspondence received from Carol Smitton, Committee Secretary,
Region of Durham - School-Based Hepatitis B Vaccination Program;
Correspondence received from Isabelle Challice - Greenspace - Clarke
Branch Library;
Correspondence received from Jean Sellers - Endangered Animal
Sanctuary;
Correspondence received from the Orono Horticultural Society -
Greenspace - Clarke Branch Library;
Correspondence received from Shelley Etmanskie - Greenspace - Clarke
Branch Library;
Correspondence received from Lorna Atkins - Greenspace - Clarke
Branch Library;
Correspondence received from Carol and Laverne Boyd - Greenspace -
Clarke Branch Library;
Correspondence received from Gilles Pouliot, Minister of Transportation
- Bowmanville GO Rail Station - Location and Feasibility Study;
Correspondence received from Clarlotte Cross - Proposed Parking Lot,
Orono Branch Library;
Correspondence received from the Government of Canada - Participant
Funding to Review Nuclear Fuel Waste Disposal Concept;
Correspondence received from Honourable Allan Rock, Minister of
Justice and Attorney General of Canada - Section 167 of the Criminal
Code - Lap Dancing;
I - 18 Correspondence received from the Government of Canada - Participant
Funding to Review Nuclear Fuel Waste Disposal Concept;
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Council Minutes
COMMUNICATIONS
1-4
Ministry of
Transportation
1994 Supplementary
Program
1-14
APCO/NENA
Ontario 9-1-1
Committee
- 3-
July 18, 1994
I - 19 Correspondence received from Durham Radio Inc. - Approval received
from Canadian Radio-television and Telecommunications Commission;
I - 20 Correspondence received from D.J. Beach, Director, Ontario Regulation
362, Ministry of Environment and Energy - Director's Instructions to
Drain and Decontaminate a PCB Bulk Tank;
I - 21 Correspondence received from C.W. Lundy, Clerk, Region of Durham,
Bill 165 - An Act to Amend the Workers' Compensation Act and
Occupational Health and Safety Act;
I - 22 Correspondence received from D. Lawrence Mawhinney, President,
Federation of Canadian Municipalities - The GST Report and Municipal
Governments; and
I - 23 Correspondence received from the Ministry of the Solicitor General and
Correctional Services - Amendments to the Fire Code, Section 9,8,
Apartments in Houses.
Resolution #C-483-94
Moved by Councillor Novak, seconded by Councillor Scott
THAT the correspondence dated June 29, 1994, from Denise K Evans, Regional
Director, Ministry of Transportation, regarding its review of the 1994
Supplementary Program for the Province, be received for information.
"CARRIED"
Mayor Hamre made a declaration of interest with respect to Correspondence
Item I - 14, vacated the Chair and refrained from discussion and voting on the
subject matter. Mayor Hamre advised that members of her family are employed
by Bell Canada.
Councillor J. O'Toole chaired this portion of the meeting.
Resolution #C-484-94
Moved by Councillor Dreslinski, seconded by Councillor Novak
THAT the correspondence dated June 1994, from APCO/NENA Ontario 9-1-1
Committee, with respect to the 9-1-1 Emergency Number, be received for
information.
"CARRIED"
Mayor Hamre reassumed the Chair.
Correspondence Item D - 12 was distributed to Council as a handout.
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Council Minutes
COMMUNICATIONS
D - 4
4-Way Stop
Nash/Rundle Roads
D-5
Purchase of
Greenspace
D - 6
Clarington Band
Closure of Centre
Street, Orono
M02.GE
- 4-
July 18, 1994
Resolution #C-485-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence received July II, 1994, from Thomas and Marlene
Coulby requesting a 4 Way Stop at NashfRundle Roads, be received;
THAT the correspondence be referred to the Director of Public Works for
preparation of a report to be submitted to the General Purpose and
Administration Committee; and
THAT Thomas and Marlene Coulby be advised of Council's decision.
"CARRIED"
Resolution #C-486-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence dated July 8, 1994 from Bill and Debra Waddell and
adjacent neighbours, requesting to purchase the property immediately past the
rear of their property line, be received;
THAT the correspondence be referred to the Chief Administrative Officer for
preparation of a report to be submitted to the General Purpose and
Administration Committee; and
THAT Bill and Debra Waddell, lead petitioners be advised of Council's decision.
"CARRIED"
Resolution #C-487-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence dated July 2, 1994 from Roy Forrester, Secretary,
Clarington Concert Band requesting the closure of Centre Street between Main
Street and Church Street from 9:30 a.m. until 2:30 p.m., on August 27, 1994, be
received;
THAT the Clarington Concert Band's request be approved provided the
organizers of the event apply for and obtain a Road Occupancy Permit from the
Public Works Department; and
THAT Roy Forrester be advised of Council's decision.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D-7
Guidelines for
Contaminated Sites
D-8
WDM Consultants
Draft Official Plan
D25.TO
D-9
WDM Consultants
Draft Official Plan
D25.TO
- 5-
July 18, 1994
Resolution #C-488-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence received July 12, 1994 from the Advisory Committee
on Environmental Standards requesting comments on the Proposed Guideline for
the Cleanup of Contaminated Sites in Ontario and Supporting Documents, be
received;
THAT the correspondence be referred to the Director of Public Works for
preparation of a report to be submitted to the General Purpose and
Administration Committee; and
THAT the Advisory Committee on Environmental Standards be advised of
Council's decision.
"CARRIED"
Resolution #C-489-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence dated July 8,1994 from W.D. Manson,
WDM Consultants, submitting Draft Official Plan Comments pertaining to
Newcastle Co-Tenancy - Subdivision 18T-90046, be received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with this matter; and
THAT W.o. Manson be advised of Council's decision.
"CARRIED"
Resolution #C-490-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence dated July 8, 1994 from W.D, Manson,
WDM Consultants, submitting Draft Official Plan Comments pertaining to
Courtice Heights Developments - Subdivision 18T-91005 and 2 Acre Commercial
Block, be received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with this matter; and
THAT W.D. Manson be advised of Council's decision.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D-1O
WDM Consultants
Draft Official Plan
D25,TO
D-ll
WDM Consultants
Draft Official Plan
D25.TO
D - I
Federation of
Snowmobile Clubs
M02.GE
- 6-
July 18, 1994
Resolution #C-491-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence dated July 8, 1994 from W.D. Manson, WDM
Consultants, submitting Draft Official Plan Comments pertaining to Courtice
Heights Developments - 25 Acre Parcel - Part Lot 27, Concession 3 and 24 Acre
Parcel - Part Lot 28, Concession 3, Former Township of Darlington, be received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with this matter; and
THAT W.D. Manson be advised of Council's decision.
"CARRIED"
Resolution #C-492-94
Moved by Councillor Hannah, seconded by Councillor Novak
THAT the correspondence dated July 11, 1994 from W.D. Manson,
WDM Consultants, submitting Draft Official Plan Comments pertaining to
Courtice Heights Developments - 154 Acre Parcel, Hamlet of Leskard Area, be
received;
THAT the correspondence be referred to the Director of Planning and
Development to be considered in conjunction with this matter; and
THAT W,D. Manson be advised of Council's decision.
"CARRIED"
Resolution #C-493-94
Moved by Councillor Dreslinski, seconded by Councillor Novak
THAT the correspondence dated June 1994, from Don Lumley, President,
Ontario Federation of Snowmobile Clubs, regarding Support and Promote the
New Trans Ontario Provincial Trail System, be received for information.
"CARRIEDlI
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Council Minutes
COMMUNICATIONS
D-2
A Celebration of
Peace and the
Global Family
M02.GE
D-3
Resolution re:
Extension of
Education Funding
ClO.AD
D - 12
Waiver of Taxes
MOTION
Handi Transit
Weekend Service
NOTICE OF MOTION
-7 -
Jnly 18, 1994
Resolution #C-494-94
Moved by Councillor Dreslinski, seconded by Councillor Novak
THAT the correspondence received from Louis J. D'Amore, President,
International Institute for Peace Through Tourism - A Celebration of Peace and
the Global Family, be received for information.
IICARRIED"
Resolution #C-495-94
Moved by Councillor Dreslinski, seconded by Councillor Scott
THAT the correspondence dated July 6, 1994, from L.D. Leach, City Clerk, City
of Vaughan, requesting Council's endorsement of a resolution approved by the
City of Vaughan in respect of the Extension of Education Funding, be received
for information.
"CARRIED"
Resolution #C-496-94
Moved by Councillor O'Toole, seconded by Councillor Novak
THAT the correspondence dated July 14, 1994, from Parkhill & Yanch, Barristers
and Solicitors, requesting a waiver of 50% of back taxes owing on behalf of
the owners of the property located at 300 King Street East, Newcastle,
Roll #18 17 030 12000 0000, be received as a handout; and
THAT the correspondence be referred to the Chief Administrative Officer to
advise the author of the municipality's policy and related legislation.
"CARRIED"
Resolution #C-497-94
Moved by Councillor Hannah, seconded by Councillor Dreslinski
THAT the Handi Transit Board of Directors be requested to provide weekend
service to the residents of the Municipality of Clarington until December 1994,
based on a user-pay situation.
"CARRIED"
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Council Minutes
REPORTS
Report #1
GPA Report of
July 18, 1994
- 8-
July 18, 1994
Resolution #C-498-94
Moved by Councillor Dreslinski, seconded by Councillor Elliott
THAT the recommendations made by the General Purpose and Administration
Committee at the regular meeting held on July 18, 1994, be approved.
"CARRIED"
Report #2 Resolution #C-499-94
Development Charge Moved by Councillor Hannah, seconded by Councillor Dreslinski
By-law
THAT Report WD-44-94 be received;
THAT Council approve the changes to the Cost Sharing Report for the
Implementation of the Master Drainage Plan for the West Branch of the Soper
Creek, which are referred to in Report WD-44-94;
THAT Council resolve that the changes referred to in Recommendation 2 are not
of material significance and that a further public meeting to hear representations
from the public on the proposed amendments to By-law No. 92-105 is not
necessary;
THAT Council authorize the introduction of a by-law to amend By-law
No. 92-105, with the content of the draft by-law contained in Attachment No.7 to
Report WD-44-94 and pass the by-law;
THAT by-laws be passed to authorize the Mayor and Clerk on behalf of the
Municipality to execute agreements with Schickedanz Bros. Limited as follows:
a) a front-ending agreement under the Development Charges Act respecting
the stormwater management works for the Lower Watershed of the West
Branch of the Soper Creek (South of CPR);
b) a front-ending agreement under the Development Charges Act for the
stormwater management works of benefit to the Upper and Lower
Watersheds of the West Branch of the Soper Creek (North and South of
CPR);
c) a front-ending agreement under the Development Charges Act respecting
the Mann Street Storm Sewer Oversizing Works;
d) a front-ending agreement under the Development Charges Act respecting
the Mann Street Road Reconstruction Works;
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Council Minutes
REPORTS
- 9 -
July 18, 1994
e) an indemnity agreement under which Schickedanz Bros. Limited agrees to
indemnify the Municipality in respect of the collection and/or payment to
Schickedanz of contributions received from benefiting developers
representing the lands described in Attachment No.5 to Report
WD-44-94 and to accept payment of each contribution in full satisfaction
of the Municipality's obligation under paragraph 5.27 and Schedule "P" of
the Subdivision Agreement with Schickedanz Bros. Limited dated July 8,
1989; and
f) an agreement to amend the subdivision agreement between the
Municipality and Schickedanz Bros. Limited dated July 18, 1989 to
release the Municipality from performance of its obligation to endeavour
to collect contributions from benefiting owners under paragraph 5.27 and
Schedule "P" of the Subdivision Agreement to be effective when the
front-ending agreements referred to in Recommendations 5 (a) to (d)
come into effect. The indemnity agreement referred to in
Recommendation 5 (e) has been executed and the payment referred to in
Recommendation 6 has been made to Schickedanz;
provided that each of the agreements contains terms and conditions considered by
the Chief Administrative Officer in consultation with the municipality's Solicitor
to be appropriate to protect the Municipality's interests;
THAT the Treasurer be authorized to pay to Schickedanz Bros. Limited the
contributions provided for under the subdivision agreements listed in Attachment
No.5 to Report WD-44-94 when the agreements referred to in Recommendation
3 (e) and 3 (f) have been executed by Schickedanz Bros. Limited and the
Municipality; and
THAT copies of Report WD-44-94 be sent to Schickedanz Bros. Limited, Valiant
Property Management, Bruce & Dorothy McDonald, Edward Fennell and John
Fennell.
UNFINISHED BUSINESS
"CARRIED"
BY-LAWS
There were no items of business considered under this section of the agenda.
Resolution #C-500-94
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 read a first and second time:
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Council Minutes
BY-LAWS
- 10-
July 18, 1994
94-115 being a by-law to amend By-law 92-105, Development Charges;
94-116 being a by-law to authorize the execution of a Front-Ending Agreement,
between the Municipality of Clarington and Schickedanz Bros. Limited,
under the Development Charges Act, for the Storm Water Management
Works of benefit to the Upper and Lower Watersheds of the West
Branch of the Soper Creek (north and south of CPR);
94-117 being a by-law to authorize the execution of a Front-Ending Agreement,
between the Municipality of Clarington and Schickedanz Bros. Limited,
under the Development Charges Act, respecting the Mann Street Storm
Sewer Oversizing Works;
94-118 being a by-law to authorize the execution of a Front-Ending Agreement
between the Municipality of Clarington and Schickedanz Bros. Limited,
under the Development Charges Act, respecting the Mann Street Road
Reconstruction Works;
94-119 being a by-law to authorize the execution of an Indemnity Agreement
between the Municipality of Clarington under which Schickedanz Bros.
Limited agrees to Indemnify the Municipality of Clarington in respect of
the collection and/or payment to Schickedanz Bros. Limited of
contributions received from benefiting developers representing the lands
described in attachment No.5 to Report WD-44-94 and to accept
payment of each contribution in full satisfaction of the Municipality's
obligations under Paragraph 5.27 of Report WD-44-94 and Schedule "P"
of the Subdivision Agreement with Schickedanz Bros. Limited dated
July 8, 1989;
94-120 being a by-law to authorize the execution of a Front-Ending Agreement
between the Municipality of Claringlon and Schickedanz Bros. Limited,
upder the Development Charges Act, respecting Storm Water
Management Works - Benefitting Area South of CPR;
94-121 being a by-law to authorize the execution of an agreement to amend the
Subdivision Agreement between the Municipality of Clarington and
Schickedanz Bros. Limited, dated July 18, 1989, to release the
Municipality of Clarington from performance of its obligation to
endeavour to collect contributions from benefiting owners under
paragraph 5.27 and Schedule "P" of the Subdivision Agreement to be
effective when the front-ending agreements referred to in
Recommendations 5 (a) to (d) come into effect;
94-122 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle and to repeal By-law
92-193 (West Bowmanville Developments Ltd.);
94-123 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle (Kiddicorp Investments
Ltd.);
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Council Minutes
BY-LAWS
- 11-
July 18, 1994
94-124 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle (Taunton Terrace
Limited);
94-125 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle (Jetney Homes Ltd.);
94-126 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle;
94-127 being a by-law to appoint Michael P. Wiggins as a By-law Enforcement
Officer;
94-128 being a by-law to repeal By-law 93-118, being a by-law to amend By-law
79-104, as amended, a By-law to provide for the maintenance,
management, regulation and control of Cemeteries in the Municipality of
Clarington (formerly the Town of Newcastle);
94-129 being a by-law to define the purchasing and tendering policies and
procedures applying to the purchase of all types of goods, works and
services by The Corporation of The Municipality of Clarington, and to
repeal By-laws #82-96 and #83-16;
94-130 being a by-law to authorize the supplementary downsizing benefits under
the Ontario Municipal Employees Retirement System (System);
94-131 being a by-law to authorize the establishment of a normal
downsizing/restructuring programme;
94-132 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Town of Newcastle (Sotiriadis); and
94-133 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the former Town of Newcastle (Claret InvestmentslRexgate Holdings).
"CARRIED"
Resolution #C-501-94
Moved by Councillor Hannah, seconded by Councillor Dreslinski
THAT the third and final reading of By-laws 94-115 to 94-133 inclusive, be
approved.
"CARRIED"
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Council Minutes
OTHER BUSINESS
Regional Update
CommitteelBoards
Update
CONFIRMING BY-LAW
- 12 -
July 18, 1994
There were no items discussed under this section of the agenda.
Councillor Dreslinski advised Council that during the humid weather which is
being experienced, the Community Services Department is extending the hours of
operation at the pools in the municipality.
Councillor Novak advised that she has tickets available for the Ganaraska Region
Conservation Authority draw.
Resolution #C-502-94
Moved by Councillor Dreslinski, seconded by Councillor Elliott
THAT the property matter related to Roll #030-010-13401-0000 be referred to
the Chief Administrative Officer for review.
"CARRIED"
Councillor Hannah indicated that he had a declaration of interest earlier in the
meeting related to Report CD-33-94 considered under Report #1. Councillor
Hannah is a member of the Union Rod and Gun Club. He vacated his chair and
refrained from voting on the Confirming By-law.
Mayor Hamre made a declaration of interest earlier in the meeting, vacated the
Chair and refrained from voting on the Confirming By-law.
Councillor O'Toole assumed the Chair.
Resolution #C-503-94
Moved by Councillor Dreslinski, seconded by Councillor Elliott
THAT leave be granted to introduce By-law 94-134, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held
on the 18th day of July 1994, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-504-94
Moved by Councillor Dreslinski, seconded by Councillor Elliott
THAT the third and final reading of By-law 94-134 be approved.
"CARRIED"
Mayor Hamre reassumed the Chair.
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Council Minutes
ADJOURNMENT
- 13-
July 18, 1994
Resolutiop #C-505-94
Moved by Councillor Novak, seconded by Councillor Hannah
THAT the meeting adjourn at 5:54 p.m.
"CARRIED"