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HomeMy WebLinkAbout03/03/1997 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were: Also Present: DECLARATIONS OF INTEREST MINUTES Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 3, 1997 at 9:30 a.m., in the Council Chambers. Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Chief Administrative Officer, W. Stockwell Director of Community Services, J. Caruana (Until 10:45 a.m.) Fire Chief, M. Creighton (Until 10:45 a.m.) Treasurer, M. Marano Director of Public Works, S. Vokes (Until 10:45 a.m.) Director of Planning and Development, F. Wu (Until 10:45 a.m.) Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. There were no declarations of interest stated for this meeting. Resolution ItGPA-93-97 Moved by Councillor Hannah, Seconded by Councillor Pingle March 3, 1997 THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on February 17, 1997, be approved. "CARRIED" . . . G.P.& A. Minutes - 2 - March 3, 1997 DELEGATIONS PUBLIC MEETINGS (a) Libby Racansky, 3200 Hancock Road, Courtice, L 1E 2M1 - circulated a copy of her presentation dated March 3, 1997 and made the following comments pertaining to Report PD-29-97: . suggested that lots 7, 8, 9 and 10 of the proposed Plan of Subdivision be set aside to preserve the trees on the lot; . questioned conformity to the Regional Official Plan; and . questioned the negative impact that small and large scale developments will have on the whole eco-system. Ms. Racansky noted the following points pertaining to Report PD-31-97- Tree Preservation By-law: . the definition of a woodlot should be broken down to 0.25 hectare; . suggested that the protection of the Courtice and Trulls Woods be included in the by-law in order to preserve this corridor; . questioned how section 7.2.1 (iii) will be controlled/monitored; . suggested the implementation of a "per tree" charge upon approval of the appl ication to cut trees; and . requested Members of the Committee to consider the establishment of an Environmental Steering Committee. (b) Bob Annaert, D.G. Biddle & Associates, 96 King Street East, Oshawa, L 1 H 1 B6 - expressed support for the recommendations contained in Report PD-29-97 and advised that Mrs. Racansky's concerns have been addressed during the application process. (c) Evylin Stroud, 89 Little Avenue, Bowmanville, L lC 119 - re: Report PD-31-97 - requested a written response pertaining to the following: . does the amount of $10,000 as a maximum fine vary for a developer vs. an individual? . Section 3.2 (ix) examples of how the exemptions apply if works are undertaken by the Municipality or the Regional Municipality of Durham; and . why the Oak Ridges Moraine was not included as part of the areas to be protected under this by-law. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Proposed Zoning By-law Amendment- Part Lot 16, Concession 1, former Township of Darlington - West Bowmanville Developments Ltd. . . . G.P.& A. Minutes - 3 - March 3, 1997 PUBLIC MEETINGS CONT'D. (b) Proposed Zoning By-law Amendment- Part Lot 16, Concession 1, former Township of Darlington - Bayly Holdings Inc. The Deputy Clerk advised that public notices were sent for the rezoning application and the proposed plan of subdivision application by first class mail on or before February 3, 1997, to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. In addition, notices were also posted on the site prior to February 3, 1997. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-27-97 - West Bowmanvi lie Developments Ltd. - the purpose of the application is to rezone the subject lands to an appropriate zone to permit reduced front yard setbacks of 2 metres and side and rear yard setbacks of 3 metres. Ray Hottot, 71 Fry Cres., Bowmanville, L1C 4Y3, circulated a copy of his letter dated March 3, 1997 wherein he expresses the following concerns: . purchasers of these homes were advised that the developer had no intention of developing this site; . if the proposed set-back is approved, the houses will be so close to the existing homes that they will impede the sunlight; . additional noise; and . deval uation of homes. Mr. Hottot circulated letters from the following individuals who have concerns regarding this application: Wade Rowley, 63 Landerville Lane, Bowmanville, L 1 C 4Yl; Robert and Karen Hollinger, 70 Fry Cres., Bowmanville, L 1 C 4Y3; Y. Hilts, Landerville Lane, Bowmanville; Kerry and Barbara Lewis, 75 Fry Cres., Bowmanville, L 1 C 4Y3; and Rob Conquer, 79 Fry Cres., Bowmanvi lie, L 1C 4Y3. Samantha Nelson, Aspen Springs Community Association, 77 Bonnycastle Drive, Bowmanville, L lC 4S9, stated that she would like the opportunity to review the plans for what is proposed to be developed to the south of the Aspen Springs Development. . . . G.P.& A. Minutes - 4- March 3, 1997 PUBLIC MEETINGS CONT'D. No one spoke in support of the application. Kelvin Whalen, 1029 McNicoll Ave., Scarborough, M1W 3W6, advised Members of the Committee that the applicant is seeking zoning relief for the parcels on the north and south of the Aspen Springs strictly as a matter of convenience. To alleviate the concerns of the existing residents, he advised that the applicant is willing to respect the 7.5 metre set-back for the blocks on the east and the south. He advised that there is no definite site plan intentions at this time for the southern site. He stated that the applicant will confer with members of the Aspen Springs Community Association before proceeding with development of the southern site. (b) Report PD-28-97 - Bayly Holdings lnc. - the purpose of the application is to rezone the property to appropriate zone categories to permit the development of a plan of subdivision containing 52 single family dwellings; 71 semi-detached/link lots (142 units); 90 on street townhouse units; 75 stacked townhouse/low rise apartment units and blocks for park, school and neighbourhood commercial uses. No one spoke in opposition to or in support of this application. Glen Genge, The Greer Galloway Group Inc., 973 Crawford Drive, Peterborough, K9V 3X1, noted concurrence with the contents of Report PD-28-97 and advised that the applicant will address all of the requirements of the Municipality of Clarington. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning West Bowmanville Developments Ltd. D14.DEV.96.067 Resolution ItGPA-94-97 Moved by Mayor Hamre, seconded by Counci Ilor Novak THAT Report PD-27-97 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by West Bowmanville Developments Ltd. be referred back to Staff for further processing; and THAT all interested parties listed in Report PD-27-97 and any delegation be advised of Council's decision. "CARRIED" . . . G.P.& A. Minutes - 5 - March 3, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Rezoning and Plan of Subdivision Bayly Holdings Inc. D14.DEV.97.002 D12.18T.96014 Resolution ItGPA-9S-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Report PD-28-97 be received; THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by The Greer Galloway Group lnc. on behalf of Bayly Holdings Ltd. be referred back to staff for further processing; THAT the application for the proposed draft plan of subdivision submitted by The Greer Galloway Group Inc. on behalf of Bayly Holdings Ltd. be referred back to staff for further processing; THAT, within 15 days of the Public Meeting, the Commissioner of Planning for the Region of Durham be advised and provided, by sworn declaration from the Clerk, the following: i) that the Municipality held a Public Meeting in accordance with Section 51 (21.1) of the Planning Act for the subject subdivision application; ii) a copy of the minutes of said meeting; iii) a copy of all written submissions received by the Municipality; iv) a list of all persons and public bodies, including their mailing addresses, who made oral submissions at the public meeting or written submissions; and THAT all interested parties listed in Report PD-28-97 and any delegation be advised of Council's decision. "CARRIED" Rezoning and Plan Resolution ItGPA-96-97 of Subdivision Jane & Charles Rowe Moved by Mayor Hamre, seconded by Councillor Hannah D14.DEV.96.007 D12.18T.96002 THAT Report PD-29-97 be received; THAT the proposed Zoning By-law Amendment and the Plan of Subdivision application which were reviewed in consideration of Council Resolution ItC-780-89 and it was deemed that the proposed Plan of Subdivision would not impact on the future alignment of the Adelaide Avenue extension, be approved; . . . G.P.& A. Minutes - 6 - March 3, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Monitoring the Decisions of the Committee of Adj ustment D13.CO. Municipality of Clarington Tree Preservation By-law THAT the proposed Plan of Subdivision 18T-96002 revised and dated February 21, 1997, as per Attachment No.2 to Report PD-29-97 be approved subject to the conditions of Draft Approval contained in Attachment No.3 to Report PD-29-97; THAT the Mayor and Clerk be authorized, by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT an amendment to Zoning By-law 84-63 be forwarded to Council for approval to remove the Holding (H) Symbol at such time as the Subdivision Agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT a copy of Report PD-29-97 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in Report PD-29-97 and any delegation be advised of Council's decision. "CARRIED" Resolution ItGPA-97-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT Report PD-30-97 be received; THAT Council concur with the decisions of the Committee of Adjustment made on February 13, 1997; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. "CARRIED" Resolution ItGPA-98-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT Report PD-31-97 be received; THAT the Municipality of Clarington Tree Preservation By-law, attached to Report PD-31-97, be adopted; . . . G.P.& A. Minutes - 7 - March 3, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. CLERK'S DEPARTMENT Adult Entertainment Parlours - Lap Dancing THAT Staff be authorized to provide Public Notice of the adoption of the Tree Preservation By-law in appropriate newspapers; THAT Staff be further authorized to initiate discussions with the Central Lake Ontario Conservation Authority regarding the appointment of Authority Staff as Officers for the purposes of the Tree Preservation By-law; and THAT all interested parties listed in Report PD-31-97 and any delegation be advised of Council's decision. "CARRIED" Councillor Pingle chaired this portion of the meeting. Resolution ItGPA-99-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report CD-12-97 be received; THAT the by-law attached to Report CD-12-97 be forwarded to Council for approval; and THAT Katharine Goldberg, the Castle Hotel, and the Tanglewood be advised of Council's decision and forwarded a copy of the by-law. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution ItGPA-l00-97 Moved by Mayor Hamre, seconded by Councillor Scott THAT the foregoing Resolution ItGPA-99-97 be amended by adding the following wording to the third paragraph: "Port Darlington Marina, Busters and the Regional Police Services". "CARRIED" The foregoing Resolution ItGPA-99-97 was then put to a vote and CARRIED AS AMENDED. . . . G.P.& A. Minutes - 8 - March 3, 1997 TREASURY DEPARTMENT Tax Certificate Fax Back System Confidential Report TR-13-97 Councillor Novak chaired this portion of the meeting. Resolution ItGPA-101-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Report TR-11-97 be received; THAT in order to provide an improved level of service option to tax certificate customers, Council approve a charge of $45.00 for tax certificates provided via a fax back service, with the fee for the current service remaining at $25.00 for 1997 and $55.00 and $35.00 respectively for 1998; THAT the appropriate By-Law be forwarded to Council; THAT a fee be established for tax receipts issued at other than the time of payment at $5.00 effective June 1, 1997 and $7.00 effective January 1, 1998, with the appropriate By-Law forwarded to Council; THAT the Mayor and Clerk be authorized to execute an agreement with Synam ics Inc. for the provision of a tax certificate fax back system; and THAT the appropriate By-Law be forwarded to Council with the agreement attached as Schedule "A" of the By-law. "CARRIED" Resol ution #GPA-l02-97 Moved by Councillor Elliott, seconded by Councillor Pingle THAT Confidential Report TR-13-97 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Mayor & Councillors' Resolution ItGPA-103-97 Rem uneration & Expenses for 1996 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT Report TR-14-97 be received for information. "CARRIED" . . . G.P.& A. Minutes - 9 - March 3, 1997 TREASURY DEPARTMENT CONT'D. Request to M.T.O. Resolution ItGPA-l04-97 for Removal of Premium Fee Charged Moved by Mayor Hamre, seconded by Councillor Hannah to G.T.A. Drivers WHEREAS the Ministry of Transportation charges a premium on drivers' licence fees and vehicle licence fees for residents of the Greater Toronto Area above the fees for the rest of the provi nce; AND WHEREAS this additional premium was intended to offset the higher cost of road construction and repairs in the GT A being subsidized by the Ministry of Transportationi AND WHEREAS subsidies are no longer being provided to GTA municipalities for road construction and maintenance; NOW THEREFORE BE IT RESOLVED that the Ministry of Transportation for the Province of Ontario be requested to remove the premium charged to GTA residents for drivers' licences and vehicle licences and that the fee be reduced to a uniform provincial rate; and THAT John O'Toole, M.P.P., Premier Mike Harris, other GTA municipalities, M.P.P.'s of Durham Region and local newspapers be advised of this resolution. "CARRIED" FIRE DEPARTMENT There were no reports considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Councillor Elliott chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Assumption of Various Resol ution #GPA-l0S-97 Road Widenings and Reserve Blocks Moved by Councillor Pingle, seconded by Councillor Dreslinski Throughout the Municipality of THAT Report WD-1S-97 be received; and Clarington THAT Council approve the by-laws attached to Report WD-1S-97 assuming various road widenings and reserve blocks as public highways. "CARRIED" . . . G.P.& A. Minutes - 10 - March 3,1997 PUBLIC WORKS DEPARTMENT Offerto Donate Resolution ItGPA-106-97 Bench at Bowmanville Cemetery - Moved by Councillor Novak, seconded by Councillor Pingle Green/Flintoff By-law Limiting Vehicle Weight on Bridges THAT Report WD-16-97 be received; THAT the request for permission to donate a park-style bench at Bowmanville Cemetery be granted; THAT the style, location and installation of the bench be subject to the approval of the Director of Public Works; THAT cemetery staff install the bench at a cost of $224; and THAT Dave and Marilyn Green and Linda Flintoff be advised of Council's decision and thanked for their generous donation by a letter from Mayor Hamre on behalf of all Members of Council. "CARRIED" Resolution ItGPA-107-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report WD-17-97 be received; THAT all bridges within the Municipality of Clarington deemed to require regulatory maximum weight signing according to engineering inspections be posted and approved by by-law; THAT the by-laws attached to Report WD-17-97 be passed by Council; and THAT the following be forwarded to the Ministry of Transportation for their consideration and approval: . a copy of Report WD-17-97, . three (3) certified copies of the approved by-laws, and . a copy of the Bridge Inspection Report, which includes the detailed reports and colour photographs. "CARRIED" . . . G.P.& A. Minutes - 11 - March 3, 1997 ADMINISTRATION Safe Community Foundation Joint Health and Safety Pol icy and Procedure UNFINISHED BUSINESS OTHER BUSINESS Mayor Hamre chaired this portion of the meeting. Resolution ItGPA-108-97 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report ADMIN-6-97 be received for information. "CARRIED" Resolution ItGPA-109-97 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report ADMI N-7-97 be referred back to Staff to review the issue of carpet flooring on the first floor of the Municipal Administration Centre. "CARRIED" There were no items considered under this section of the agenda. There were no items considered under this section of the agenda. Resolution ItGPA-ll 0-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the meeting be "closed" for consideration of Confidential Report TR-13-97 pertaining to a personnel matter. "CARRIED" Resolution ItGPA-111-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the actions taken at the "closed" meeting be confirmed. "CARRIED" . . . G.P.& A. Minutes - 12 - March 3, 1997 ADJOURNMENT Resolution ItGPA-112-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the meeting adjourn at 10:50 a.m. "CARRIED" ~J/~~/ Diane Hamre, Mayor