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HomeMy WebLinkAbout03/17/1997 . . . 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 17, 1997 at 9:30 a.m., in the Council Chambers. Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Counci Ilor L. Hannah Counci Ilor M. Novak Councillor P. Pingle Counci Ilor D. Scott Acting Chief Administrative Officer, M. Marano Director of Community Services, J. Caruana Fire Chief, M. Creighton (Until 12:10 p.m.) Director of Public Works, S. Vokes Director of Planning and Development, F. Wu (Until 12:10 p.m.) Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. There were no declarations of interest stated for this meeting. Resol ution ItGPA-178-97 Moved by Councillor Hannah, Seconded by Councillor Novak March 17, 1997 THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 3, 1997, be approved. "CARRIED" 320 . . . G.P.& A. Minutes - 2 - March 17, 1997 DELEGATIONS PUBLIC MEETINGS (a) Ralph Whyte, 15 - 100 Liberty Street North, Bowmanville, L 1C 2Ml - was called but was not present. (b) Heather Parchment, 2799 Hancock Road, Courtice, L 1C 3K7 - advised that the infilling of Mr. Tomina's property has caused considerable flooding to her basement and her garage. During the grading of his property, Mr. Tomina has also caused her to experience a considerable amount of dust everywhere on her property. She expressed the following concerns: . loss of her privacy; . noise associated with a golf driving range; . golf balls flying everywhere, jeopardizing her safety and that of her horses; . devaluation of her home which is now for sale and has been reduced by $10,000.00; and . living in her dream home has been a nightmare for the past two years. (c) Henry Kortekaas, 82 Sherwood Road East, Ajax, L 1T 2Z2 - appeared on behalf of the applicant and made the following comments: . drainage problems will be resolved and the applicant will work with the Planning Department to satisfy all requirements; . berming, fencing and landscaping will be put in place to resolve the issue of golf balls flying everywhere; and . this use should not conflict with the present zoning of the land. (a) Ralph Whyte, 15 - 100 Liberty Street North, Bowmanville, L1C 2M1 - encouraged Members of the Committee to keep taxes down and congratulated them for bringing in a budget for 1997 with no tax increases. Councillor Dreslinski chaired this portion of the meeting. 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 30, Concession 5, former Township of Darlington - Zion United Church and Harry & Ethel Fisher; and (b) Proposed Plan of Subdivision and Zoning By-law Amendment - Part Lot 9, Concession 2, former Town of Bowmanville - Penwest Development Corporation Limited. 321 . . . G.P.& A. Minutes - 3 - March 17, 1997 PUBLIC MEETINGS CONT'D. The Deputy Clerk advised that public notices were sent for the rezoning applications and the proposed plan of subdivision application by first class mail on or before February 14,1997, 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 14,1997. 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 appl icant. (a) Report PD-32-97 - Zion United Church and Harry & Ethel Fisher - the purpose of the application is to rezone from "Agricultural Exception (A-l)" to an appropriate zone to permit the expansion of an existing place of worship. No one spoke in opposition to this application. Leon Hart, 57 Bradley Boulevard, Hampton, LOB 110, appeared on behalf of the Zion United Church Building Committee and expressed support from Members of the Committee stating that this project is very necessary for the Church. (b) Report PD-33-97 - Penwest Development Corporation Limited - the purpose of this application is to permit a subdivision which will consist of 131 units, comprised of 11 single family dwelling units, 120 semi-detached/link units and blocks for park and open space purposes. The rezoning application involves 0.46 hectare of land located at the west limit of the subdivision, proposed to be rezoned from Environmental Protection to residential. Evylin Stroud, 89 Little Avenue, L lC 119, requested that the Environmentally Protected portion of these lands be left untouched. Kim Palmer, 32 Trudeau Drive, Bowmanville, L1C 4K1, requested that facilities be put in place for the teenagers in the Municipality who have nowhere to go. She suggested a swimming pool for the summertime and a squash building for the use of the teenagers in the wintertime. Phil Ford, 17 Herriman Street, Bowmanville, L1C 4L6, suggested that the Municipality proceed cautiously with the acquisition of parkland because the southwest area is frequently flooded (approximately 6 times this winter). If this portion of the land was intended for use as a park it will have to be filled in. No one spoke in support of this application. 322 . . . G.P.& A. Minutes - 4 - March 17, 1997 PUBLIC MEETINGS CONT'D. Bryce lordan, G.M. Sernas, 110 Scotia Court, Unit 41, Whitby, L1N 8Y7, described the background of the application and noted that sewers are already in place and that street "D" is a requirement of the Municipality. PLANNING AND DEVELOPMENT DEPARTMENT Zoning Amendment Appl ication Zion United Church Harry & Ethel Fisher D14.DEV.97.00S Resolution ItGPA-179-97 Moved by Councillor Novak, seconded by Mayor Hamre THAT Report PD-32-97 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63, as amended, submitted by August Geisberger Junior be referred back to staff for further processing; and THAT all interested parties listed in Report PD-32-97 and any delegation be advised of Council's decision. "CARRIED" Rezoning and Resolution #GPA-180-97 Plan of Subdivision Penwest Development Moved by Mayor Hamre, seconded by Councillor Scott Corporation Ltd. D12.18T.97003 THAT Report PD-33-97 be received; D14.DEV.97.006 THAT the application to amend the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle submitted by Penwest Development Corporation be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments, taking into consideration all of the comments reviewed; THAT the application for the proposed draft plan of subdivision submitted by the Penwest Development Corporation be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments, taking into consideration all of the comments reviewed; 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; 323 . . . G.P.& A. Minutes - 5 - March 17, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. 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-33-97 and any delegation be advised of Council's decision. "CARRIED" Preparation of a Resolution ItGPA-181-97 New Comprehensive Zoning By-law Moved by Councillor Pingle, seconded by Councillor Scott Proposed Durham Region Official Plan Amendments Kose Properties I nc. and I nvar Industrial Ltd. D09.0PA.97.001/D D09.0PA.97.002/D THAT Report PD-34-97 be received; and THAT Council authorize the preparation of a new comprehensive zoning by-law for the Municipality. "CARRIED" Resolution ItGPA-182-97 Moved by Mayor Hamre, seconded by Councillor Hannah THAT Report PD-3S-97 be received; THAT Report PD-3S-97 be approved as the comments of the Municipality of Clarington on the proposed Official Plan Amendment appl ications submitted by Kose Properties Incorporated (OPA 97-001/D) and Invar Industrial Limited (OPA 97-002/D); THAT the Town of Whitby and the Region of Durham be requested to advise the Municipality of C1arington of the respective Council's decisions; and THAT a copy of Council's decision and Report PD-3S-97 be forwarded to the Town of Whitby and the Region of Durham Planning Departments. "CARRIED" 324 . . . G.P.& A. Minutes - 6 - March 17, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Monitoring of the Decisions of the Committee of Adjustment D13.CO Zoning By-law Amendment - Gertrude Tomina D14.DEV.93.002 Wilmot Creek Nature Reserve Environmental Management Plan E07. Resolution ItGPA-183-97 Moved by Counci Ilor Pingle, seconded by Counci Ilor Scott THAT Report PD-36-97 be received; THAT Council concur with the decisions of the Committee of Adjustment made at the meeting on February 27, 1997; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. "CARRIED" Resolution ItGPA-184-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report PD-37-97 be tabled until such time as all grading and drainage works required by the Public Works Department and Central Lake Ontario Conservation Authority have been completed, including but not limited to ensuring that there is positive drainage on the site with no negative impact on abutting properties. "CARRIED" Resolution ItGPA-18S-97 Moved by Counci Ilor Scott, seconded by Counci Ilor Novak THAT Report PD-38-97 be received; THAT Bird and Hale Ltd., in association with Hough Woodland Naylor Dance Ltd., G.M. Sernas Ltd. and Shoreplan Engineering Ltd., be selected to undertake the Environmental Management Plan for the Wilmot Creek Nature Reserve at an estimated cost of $42,500.00; and THAT the funds to undertake the Environmental Management Plan for the Wilmot Creek Nature Reserve be drawn from the Waterfront Study Reserve Fund (Account 111O-183-X), subject to the provisions of Section 3.1 of Report PD-38-97. "CARRIED" 325 . . . G.P.& A. Minutes - 7 - March 17, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. CLERK'S DEPARTMENT Parking Enforcement Monthly Report for February 1997 Animal Control Monthly Report for February 1997 TREASURY DEPARTMENT Confidential Report TR-20-97 Resolution ItGPA-186-97 Moved by Mayor Hamre, seconded by Councillor Elliott THAT the Committee recess for fifteen minutes. "CARRIED" The meeting reconvened at 11 :05 a.m. Councillor Pingle chaired this portion of the meeting. Resolution ItGPA-187-97 Moved by Councillor Novak, seconded by Councillor Scott THAT Report CD-1S-97 be received; and THAT a copy of Report CD-1S-97 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Resolution #GPA-188-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT Report CD-16-97 be received for information; and THAT a copy of Report CD-16-97 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Councillor Novak chaired this portion of the meeting. Resolution ItGPA-189-97 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT Confidential Report TR-20-97 be referred to the end of the agenda to be considered at a "c1osed" meeting; and 326 . . . G.P.& A. Minutes - 8 - March 17, 1997 TREASURY DEPARTMENT CONT'D. Co-operative Tender WR2-96 - Supply, Delivery and Application of Calcium Chloride F18.QU Pub I ic Sector Salary Disclosure Act Cemetery Charges THAT the Addendum to Report TR-8S-96 and the Addendum to Report TR-16-97 listed under "Unfinished Business" be considered immediately after the Treasury Section of the agenda. "CARRIED" Resolution ItGPA-190-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Report TR-18-97 be received; THAT the contract award to Miller Paving Limited, Markham, Ontario, for an approximate total amount of $45,500.00 (plus applicable taxes), to supply and apply approximately 350,000 Iitres of liquid calcium chloride, as required by the Municipality of Clarington Public Works Department, be extended until April 30, 1998; THAT the contract award to Innovative Building Products, Ajax, Ontario, for an approximate total amount of $5,018.00 (plus applicable taxes), to supply approximately 12,000 kg of flaked calcium chloride (in 40 kilo bags), as required by the Municipality of C1arington Public Works Department, be extended until April 30, 1998; and THAT the funds expended be drawn from the approved 1997 budget allocation for Public Works Road Maintenance. "CARRIED" Resolution ItGPA-191-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Report TR-19-97 be received for information. "CARRIED" Resolution ItGPA-192-97 Moved by Mayor Hamre, seconded by Councillor Elliott THAT Report TR-21-97 be received; THAT effective April 1, 1997, the burial cost for the Municipality of Clarington cemeteries for burials, funded by the Department of Social Services at the Region of Durham, be set at $1,000.00 per the proposed rates and fees as outlined in Schedule "A" of the proposed By-law attached to Report TR-21-97; 327 . . . G.P.& A. Minutes - 9 - March 17, 1997 TREASURY DEPARTMENT CONT'D. THAT the charges above the prescribed amount for 1996 and 1997 as shown in Attachment "D" to Report TR-21-97 totalling $695.40 be reversed; THAT Council authorize the following option to minimize costs associated with social service burials: Option 1t2: Do no place any restrictions; THAT the appropriate By-law (Attachment "B" to Report TR-21-97) pertaining to the proposed Schedule of Rates and Fees for Municipal cemeteries be passed and forwarded to the Ministry of Consumer and Commercial Relations for their concurrence; and THAT the area funeral homes be advised of Council's decision. "CARRIED" Tender CL97-2, Resolution ItGPA-193-97 Mechanical Equipment Maintenance Contract Moved by Councillor Pingle, seconded by Councillor Scott F18.QU Purchase of Grader Early Tender Call F18.QU THAT Report TR-22-97 be received; THAT Tri-Air Systems, Scarborough, Ontario, with a total bid of $6,145.00 (plus G.S.T.) for Part "A" and a Journeyman hourly rate of $59.50, be awarded Part "A" of the Mechanical Equipment Maintenance Contract, as required by the Municipality of Clarington; THAT Jack Burgess Plumbing and Heating, Bowmanville, Ontario, with a total bid price of $970.00 (plus G.S.T.) for Part "B" and a Journeyman hourly rate of $43.00 be awarded Part "B" of the Mechanical Equipment Maintenance Contract, as required by the Municipality of Clarington; and THAT the funds expended be drawn from the respective facilities 1997 Mechanical Equipment Maintenance Contract. "CARRIED" Resolution ItGPA-194-97 Moved by Mayor Hamre, seconded by Councillor Pingle THAT Report TR-23-97 be received; and 328 . . . G.P.& A. Minutes - 10 - March 17, 1997 TREASURY DEPARTMENT CONT'D. UNFINISHED BUSINESS Recreation Affiliate Boards THAT Staff be authorized to advertise and issue a tender for a grader, as required by the Public Works Department, FORTHWITH. "CARRIED" Resolution ItGPA-19S-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT the addendum to Report TR-8S-96 be received; THAT Report TR-8S-96 be lifted from the table (Attachment "E") to Addendum to Report TR-8S-96; THAT the recommendations contained in Report TR-8S-96 be deleted and replaced with the following: a) THAT the appropriate By-Law (Attachment "A" to Addendum to Report TR-8S-96), be passed to repeal By-Laws 75-56 and 75-57 establishing the Waverly Road and Soper Creek Parks as commun ity centres under the Community Centres Act; b) THAT the Mayor and Clerk be authorized to negotiate and execute lease agreements, the form of which is to be considered and approved by the Chief Administrative Officer in consultation with the Solicitor, with the following organizations for the applicable facility at a lease rate of $1.00 per year: i) Orono Town Hall ii) iii) Memorial Park iv) v) Hampton Hall vi) vii) Brownsdale Community Hall; Newtonvi lie Hall Haydon Hall Baseline Community Hall c) THAT, as the Burketon Park Board is now inactive, the Treasurer be requested to turn over the remaining funds raised by the Board to the Municipality's Treasurer to be set aside in a reserve to be used for improvements to the Burketon Park; d) THAT the following recreation affiliate boards be disbanded as Boards of Council : i) Orono Town Hall (By-Law 79-12) ii) Lion's Centre (subject to legal opinion regarding status of capital grants repayment potential) (By-Law 86-154 & 87-94) iil) Burketon Park (By-Law 83-105) 329 . . . G.P.& A. Minutes - 11 - March 17, 1997 UNFINISHED BUSINESS CONT'D. iv) Baseline Community Centre (By-Law 80-115); and the appropriate By-Laws (Attachments B to B-3 to Addendum to Report TR-8S-96), to repeal the above establishing By-Laws be passed effective upon execution of each lease agreement except Burketon Park which is recommended to be completely disbanded with no subsequent lease agreement; e) THAT the By-Law attached to Addendum to Report TR-8S-96 (Attachment "D") be passed to establish the Tyrone Community Centre Board as a Board of Counci I; o THAT two representatives of Council be appointed to the Tyrone Community Centre Board; g) THAT as per By-Law 83-28, two representatives of Council be appointed to the Solina Community Centre Board; h) THAT the Municipality provide a grant to each organization listed in paragraph b) to purchase liability insurance coverage for the term of the first lease agreements or as long as is financially necessary after 1997 and on an as requested basis through the annual budget or grant process; i) THAT the Treasury Department be authorized to negotiate the initial group purchase of liability coverage on behalf of those organizations from eligible insurance providers; j) THAT the Treasury Department be authorized to purchase accident and income protection coverage for the members of the leasing organizations similar to that currently provided by Frank Cowan Insurance Company for existing members of Boards of Council (see Attachment "C" to Addendum to Report TR-8S-96); k) THAT the Municipality discontinue coverage under the master municipal policies for those groups listed in paragraph b) as soon as alternate liability insurance coverage is obtained per paragraph i); I) THAT the Tyrone Community Centre and the Solina Community Centre remain as Boards of Council and be required to submit their books and records annually for review by the Municipality's auditors and consolidation with the Municipality of Clarington's financial statements, along with Newcastle Town Hall Board, Newcastle Arena, Orono Arena, Bowmanville Museum and Clarke Museum; m) THAT in order to satisfy the Provincial requirements regarding the Treasurer's responsibility for the boards' finances, the Tyrone Community Centre and the Solina Community Centre submit to Council on a regular basis for inclusion in the Council Agenda, their minutes, indicating approval of expenditures made and a record of revenue collected; .~. ~n .. ,..I' ,-... . . . G.P.& A. Minutes - 12 - March 17, 1997 TREASURY DEPARTMENT CONT'D. n) THAT the Boards that are to remain as established Boards of Council as identified in paragraph (I) be requested to confirm in writing the following: i) THAT the Boards will submit their minutes to Council; ii) THAT the Treasurers of the Boards be bonded; iii) THAT no new bank accounts be opened without the permission of the Municipal Treasurer; iv) THAT the Boards agree, in writing, not to incur debt; v) THAT any reserve funds be placed in the custody of the Municipal Treasurer; 0) THAT the books and records of the all recreation affiliate boards be reviewed and consolidated for the 1996 year, as per the opinion of the Municipality's lawyer and auditors; p) THAT the Municipality continue to be responsible for capital improvements through the annual capital budget process and maintenance of the building envelope through the Property Manager's office; THAT Report TR-8S-96, as amended by this addendum be approved; and THAT a letter be sent to each of the affected Boards, informing them of Council's direction with a copy of the Addendum to Report TR-8S-96 and also advising them that staff are available to assist in the transition as necessary and as requested by the Boards. "CARRIED" Addendum to Report Resolution #GPA-196-97 TR-16-97 Advertising of Tenders Moved by Councillor Elliott, seconded by Councillor Pingle THAT Addendum to Report TR-16-97 be tabled to allow Staff to report on associated costs to potential bidders. "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. PUBLIC WORKS DEPARTMENT There were no reports considered under this section of the agenda. 331 . . . G.P.& A. Minutes - 13 - March 17, 1997 UNFINISHED BUSINESS Joint Health and Safety Committee Policy & Procedures OTHER BUSINESS Livestock Valuers Mayor Hamre chaired this portion of the meeting. Resolution ItGPA-197-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the Addendum to Report ADMIN-7-97 be received; THAT Report ADMIN-7-97 be received; and THAT the Joint Health and Safety Program Policy and Procedures be approved. "CARRIED" Resolution ItGPA-198-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the delegation of Mr. Ralph Whyte pertaining to the Municipality's 1997 budget be acknowledged with appreciation. "CARRIED" Resolution ItGPA-199-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the Livestock Valuers of the Municipality be invited to the next meeting of Council to provide an update on the predatory kills of livestock in the Municipality; and THAT Staff research the issue of a bounty. "CARRIED" Resolution ItGPA-200-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the meeting be "closed" for consideration of Confidential Report TR-20-97 pertaining to a legal matter. "CARRIED" 332 . . . G.P.& A. Minutes ADJOURNMENT - 14 - March 17, 1997 Resolution ItGPA-201-97 Moved by Councillor Hannah, seconded by Councillor Scott THAT the actions taken at the "closed" meeting be confirmed. "CARRIED" Resolution ItGPA-202-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the meeting adjourn at 12:30 p.m. "CARRIED" I/d:t~~~/ Diane Hamre, Mayor ~ } . 333