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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" . 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 . 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; . . . 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. . . . 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" . . . 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" - . . 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 . . . 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" . . . 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; . . . 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: . . . 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.); . . . 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" . . . 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. . . . 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"