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HomeMy WebLinkAbout09/05/1995 / / V" .' . . MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee September 5, 1995 Minutes of a regular meeting of the General Purpose and Administration Committee held on Tuesday, September 5, 1995, at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Acting Mayor P. Pingle Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor D. Scott Absent: Mayor D. Hamre (On Municipal Business) Also Present: Chief Administrative Officer, W.H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton Treasurer,M. Marano Director of Public Works, F. Vokes Director, Planning and Development, F. Wu Deputy Clerk, M. Knight Acting Mayor Pingle chaired this portion of the meeting. MINUlES Resolution #GPA-490-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on July 10, 1995, be approved. "CARRIED" Resolution #GPA-491-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT, due to the electric power failure, the agenda be altered to deal with the Planning Public Meetings at this time. "CARRIED" Councillor Dreslinski chaired this portion of the meeting. 201 . . . G.P.& A. Minutes PUBLIC MEETINGS - 2- September 5, 1995 Pursuant to Section 4(1)(b), of the Rental Housing Protection Act, RS.O., 1990 and Section 50 of the Condominium Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following Application: a) Proposed Conversion of 18 Townhouse Units from Rental Units into 18 street townhouse condominium units, 1 - 37 Kingscourt Road, Part Lot 10, Concession 1, former Town of Bowmanville, Kingscourt Residential Limited. Pursuant to Section 34, Subsection 12 of the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding Public Meetings for the following Rezoning Applications: b) Proposed Zoning By-law Amendment - Part Lot 30, Concession 2, former Township of Darlington, Clarington Development Corporation; c) Proposed Zoning By-law Amendment - Part Lot 9, Concession 2, Bowmanville, Marchetti & Deminico. Before proceeding with these matters, the Chairman asked the Deputy Clerk to advise on the manner of notice. a) The Deputy Clerk advised that public notice for the application was sent by first class mail on or before August 22, 1995, to all tenants of the building and the owner of the subject property in accordance to the latest municipal assessment record. In addition, notices were also placed in local newspapers on or before August 9, 1995. Furthermore, the applicant has certified he/she has served each tenant with notice of the Public Meeting. This notice procedure is in compliance with Ontario Regulation 524/94 made under the Planning Act. b) The Deputy Clerk advised that public notices were sent by first class mail on or before August 4, 1995, to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. In addition, notices were also posted on sites prior to August 4, 1995. This notice procedure is in compliance to Ontario Regulation 44/95 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 applicants: a) Report PD-89-95 - Kingscourt Residential Limited - The purpose and effect of the application is to permit the conversion of eighteen (18) townhouse rental units into condominium units. No one spoke in opposition to or in support of this application. 202 . . . G.P.& A. Minutes - 3 - September 5, 1995 PUBLIC MEETINGS CONT'D Dan Strike, Strike, Salmers and Furlong, 38 King Street West, P.O. Box 7, Bowmanville, LIC 3K8, appeared on behalf of the applicant and advised that the conversion of the rental units into condominiums would allow the applicant to have the financial means to make structural improvements to the building. Tenants will have the option of buying or continuing to rent. He noted that his client is able to meet the municipality's conditions of approval. b) Report PD-90-95 - Clarington Development Corporation - The purpose and effect of the application is to permit the development of a proposed Plan of Subdivision consisting of 56 single family units, 38 semi- detached units, 48 townhouse units and various blocks for school, future roads and future development. No one spoke in opposition to or in support of this application. Hannu Halminen, Clarington Development Corporation, 1748 Baseline Road West, Courtice, LIE 2Tl, articulated support for the recommendations contained in Report PD-90-95 and advised that he will work with staff to meet all of the municipality's requirements. c) Report PD-91-95 - Marchetti & Deminico - The purpose and effect of the application is to permit the development of a Plan of Subdivision consisting of 117 single family dwellings, 38 semi-detachedlblock units, 9 blocks for 46 townhouse units and various blocks for future development, road widenings and buffer strip. George Bellman, 247 Mearns Avenue, Bowmanville, LIe 3K5, lives directly across the street from the proposal and expressed fear that this development will interfere with his well water table. No one spoke in support of this application. Anthony DeMinico, 111 Botfield Avenue, Etobicoke, M4B 4E6 and Kevin Tunney, Tunney Planning Inc., 340 Byron Street South, Suite 200, Whitby, LtN 4P8, advised Members of the Committee that they are aware of the issues which need to be addressed including well interference. They expressed support for the recommendations contained in Report PD-91-95. PLANNING DEPARTMENT Condominium Conversion Application Kingscourt Residential Limited CDM 001-94/C Resolution #GPA-492-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT Report PD-89-95 be received; THAT the application submitted by Kingscourt Residential Limited to convert the tenure of 18 rental townhouse units to condominium units, be approved subject to the conditions of approval as outlined in Attachment #1 to Report PD-89-95; 203 . . . G.P.& A. Minutes - 4 - September 5, 1995 PLANNING DEPARTMENT CONT'D THAT a copy of Report PD-89-95 be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-89-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-493-95 Rezoning Application Moved by Councillor Novak, seconded by Councillor Pingle Clarington Development Corporation THAT Report PD-90-95 be received; DI4.DEV.95-012 THAT the application to amend Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, submitted by D.G. Biddle & Associates Limited, on behalf of Clarington Development Corporation be referred back to staff for further processing; and THAT all interested parties listed in Report PD-90-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-494-95 Rezoning Application Moved by Councillor Hannah, seconded by Councillor Scott Marchetti & Deminico DI4.DEV.95-015 THAT Report PD-91-95 be received; THAT the application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Tunney Planning Inc., on behalf of Marchetti & DeMinico, be referred back to staff for further processing; and THAT all interested parties listed in Report PD-91-95 and any delegation be advised of Council's decision. nCARRIED" Acting Mayor Pingle chaired this portion of the meeting. DELEGATIONS (a) Gary M'liesky, 15 YorkviUe Drive, Courtice, LIE 2AS, appeared with Mrs. Chris McKinnon and circulated documentation pertaining to the parking of a commercial motor vehicle with a rcgistered gross weight in excess of 4 tonnes on a residentially zoned lot. Mr. Majesky inquired as to whether the municipality is enforcing the zoning by-law consistently and fairly and requested that the municipality show some leniency and perhaps make an exception in enforcing the by-law for Mr. Eric McKinnon. 204 . . . G.P.& A. Minutes DELEGATIONS RECESS - 5- September 5, 1995 (b) Gary Majesky, 15 Yorkville Drive, Courtice, LIE 2A8, advised that, on behalf of one of his clients, he has had access to a confidential document which contains 64 pages of information pertaining to Laidlaw as a waste carrier. He suggested that, because of cars parked on the street and children crossing the street at various points, there might be an increasing potential for hazardous situations. (c) Andrea Witzke, 150 Port Darlington Road, Bowmanville, LIC 3K3, circulated three pages of documentation and briefly described the history of events which has led to litigation with the municipality in the municipality's attempt to collect rent arrears. (d) Gord McMeekin, 4275 Tooley Road, Bowmanville, LIC lZ4, described all that he has undertaken in an effort to correct the drainage on his property and requested the help of the municipality in his attempt to address the concerns of the conservation authority. (e) Don Welsh, 4280 Mearns Avenue, Bowmanville, LiC 3K5, addressed Members of the Committee on behalf of the Clarington Older Adults Committee and requested that the Committee have some input when the municipality investigates various alternatives to the previous proposal. (f) Suresh Singh, Vice President, Jourdan Group Inc., 91 Woodlawn Avenue East, Toronto, M4T IB9, advised that he has enjoyed working with the municipality and the Durham Regional Non-Profit Association and that the original site on Temperance Street purchased a year ago is still, in his view, an ideal site for development. He noted that if the municipality proceeds with the Clarington Older Adults Centre, his development will be aimed at housing seniors. He would like to know what the municipality's intentions are pertaining to the old fire hall site. (g) Kelvin Whalen, The KaitIin Group, 385 The West Mall, Suite 303, Etobicoke, M9C lE7, noted concurrence with the recommendations contained in Report PD-97-95 with the exception of Condition #21 of the Conditions of Approval pertaining to the 0.3 metre reserves. He requested that this paragraph be amended by adding the following wording thereto: nor other measure satisfactory to staff. It Resolution #GPA-495-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the Committee recess for 15 minutes. "CARRIED" The meeting reconvened at 7:40 p.m. 205 . . . G.P.& A, Minutes - 6 - September 5, 1995 PLANNING DEPARTMENT O.P.A. - McMeekin D09.0PA,95-004/D Councillor Dreslinski chaired this portion of the meeting. Resolution #GPA-496-95 Moved by Councillor Pingle, seconded by Councillor Hannah THAT Report PD-92-95 be received; THAT the Region of Durham Planning Department be advised that: a) the Municipality of Clarington has no objections to the Official Plan Amendment application submitted by Gordon and Patricia McMeekin as it pertains to the proposed south lot subject to the applicant obtaining all approvals from the Central Lake Ontario Conservation Authority; and b) the Municipality of Clarington recommends that the north lot be denied; and THAT all interested parties listed in Report PD-92-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-497-95 Rezoning Application Moved by Councillor Novak, seconded by Councillor Pingle Fridel Ltd. on Behalf of Grace Wilson THAT Report PD-93-95 be received; D14.DEV.95-042 THAT Rezoning Application DEV.95-042, submitted by Fridel Ltd., on behalf of Grace Wilson, to remove the holding symbol to permit the creation of three new dwelling lots be approved; THAT the amending by-law attached to Report PD-93-95 be forwarded to Council for approval; THAT a copy of Report PD-93-95 and the amending by-law be forwarded to the Region of Durham Planning Department; THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and THAT all interested parties listed in Report PD-93-95 and any delegation be advised of Council's decision. "CARRIED" 206 . . . G.P.& A. Minutes - 7- September 5, 1995 PLANNING DEPARTMENT Resolution #GPA-498-95 Exemption From Part Lot Control Veltri & Sons Ltd. Plan 40M-1691 Exemption From Part Lot Control 290572 Ontario Ltd. Plan 40M-1815 Seniors' Community Centre, Bowmanville Rezoning Application William Daniell Sebastian Corbo DI4.DEV.90-071 Moved by Councillor Scott, seconded by Councillor Pingle THAT Report PD-94-95 be received; THAT By-law 95-078, being a by-law to exempt from Part Lot Control a certain portion of Registered Plans IOM-798 and 40M-1691, be amended to provide the correct legal description for Registered Plan 40M-1691 to facilitate the registration of the Part Lot Control By-law; THAT the by-law attached to Report PD-94-95 be forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Act; and THAT all interested parties listed in Report PD-94-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-499-95 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Report PD-95-95 be received; THAT the request for removal of Part Lot Control in respect of Lots 19 to 20 and Blocks 21 to 31 all inclusive, on Plan 40M-1815 be approved; THAT the by-law attached to Report PD-95-95 be forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Act; and THAT all interested parties listed in Report PD-95-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-500-95 Moved by Councillor Hannah, seconded by Councillor Pingle THAT Report PD-96-95 be received and referred to the Chief Administrative Officer for review and report. "CARRIED" Resolution #GPA-501-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report PD-97-95 be tabled for a period of two weeks to allow for clarification by staff of the alternative to the 0.3 metre reserves contained in Condition of Approval #21. 2 0 7 "CARRIED" . . . G.P.& A. Minutes - 8 - September 5, 1995 PLANNING DEPARTMENT Monitoring of the Decisions of the Committee of Adjustment for July 6 July 20 & Aug. 17 O.P.A. - Haas, Waisglass and Shoychet D09.0PA-95-011/D Monthly Report on Building Permit Activity for August 1995 Coroner Inquest Death at Mosport Park in 1994 Resolution #GPA-502-95 Moved by Councillor Scott, seconded by Councillor Novak THAT Report PD-98-95 be received; THAT Council concur with the decisions of the Committee of Adjustment made on July 7, July 20 and August 17, 1995; 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 #GPA-503-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report PD-99-95 be received; THAT the Region of Durham be advised that the Municipality of Clarington has no objection to the application to amend the 1991 Durham Regional Official Plan submitted by Gail Waisglass on behalf of Haas, Waisglass and Shoychet from "Waterfront" to "Living Area"; and THAT all interested parties listed in Report PD-99-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-504-95 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report PD-100-95 be received for information. "CARRIED" Resolution #GPA-505-95 Moved by Councillor Novak, seconded by Councillor Pingie THAT Report PD-101-95 be referred to the end of the agenda. "CARRIED" Acting Mayor Pingle chaired this portion of the meeting. 208 . . . G.P.& A. Minutes CLERK'S DEPARTMENT Parking Enforcement Monthly Report for Month of July 1995 - 9- September 5, 1995 Resolution #GPA-506-95 Moved by Councillor Novak, seconded by Councillor Scott THAT Report CD-24-95 be received for information; and THAT a copy of Report CD-24-95 be forwarded to the Bowmanville B.1.A. for their information. "CARRIED" Councillor Novak chaired this portion of the meeting. TREASURY DEPARTMENT Newcastle Hall Board Montague Trust Grant Allocation $2,000 FILCH Cash Activity Report June 1995 Resolution #GPA-507-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report TR-61-95 be received; THAT the Newcastle Hall Board be granted a further $3,000 (in addition to the $2,000 allocated during the 1995 budget deliberations) from the Montague Trust Reserve Fund to reimburse the Hall Board for the purchase of a stove; and THAT the Members of the Newcastle Hall Board Committee be advised of Council's decision. "CARRIED" Resolution #GPA-50S-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report TR-62-95 be received; THAT, in accordance with provision of Chapter M-45, Section 79(1) of the Municipal Act, RS.O. 1990, the Treasurer reports that the cash position of the Municipality of Clarington for the month ended June 30, 1995, is as shown on the schedule attached to Report TR-62-95; and THAT Part "A" of the expenditures for the month of June 1995, be confirmed. "CARRIED" 209 . . ,. , . . G.P.& A. Minutes - 10- September 5, 1995 TREASURY DEPARTMENT Cash Activity Report July 1995 Lease Agreement 247 King Street East Newcastle Village Claude Miller Tender CL-95-30 Supply, Retreading and Repair of Tires and Tubes F18.QU Resolution #GPA-509-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report TR-63-95 be received; THAT, in accordance with provisions of Chapter M-45, Section 79(1) of the Municipal Act, R.S.O. 1990, the Treasurer reports that the cash position of the Municipality of Clarington for the month ended July 31, 1995, is as shown on the schedule attached to Report TR-63-95; and THAT Part "A" of the expenditures for the month of July 1995, be confirmed. "CARRIED" Resolution #GPA-51O-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report TR-64-95 be received; THAT the by-law attached to Report TR-64-95 marked Schedule "A", be passed, authorizing the Mayor and the Clerk to sign a rental agreement with Claude Miller; and THAT Claude Miller be advised of Council's actions. "CARRIED" Councillor Novak made a declaration of interest with respect to Report TR-65-95; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that J & M Tire Sales Inc., is a client. Acting Mayor Pingle chaired this portion of the meeting. Resolution #GPA-51l-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report TR-65-95 be received; THAT J & M Tire Sales Inc., Oshawa, Ontario, being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL-95-30, be awarded the contract, in an appropriate value of $23,371.01, for the supply, retreading and repair of tires and tubes to the Municipality of Clarington, as required by the Department of Public Works; and THAT the funds be drawn from the various Public Works approved 1995/96 fleet. "CARRIED" Councillor Novak reassumed the chair. 210 . . . G.P.& A. Minutes -11- September 5, 1995 TREASURY DEPARTMENT Resolution #GPA-512-95 Tender Awards Moved by Councillor Dreslinski, seconded by Councillor Hannah Summer Council Break FI8.QU THAT Report TR-66-95 be received; FIRE DEPARTMENT Monthly Fire Report June 1995 Monthly Fire Report July 1995 THAT the by-laws attached to Report TR-66-95 marked Schedules "B", "C" and "D", be forwarded to Council for approval. "CARRIED" Councillor Scott chaired this portion of the meeting. Resolution #GPA-513-95 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Report FD-12-95 be received for information. "CARRIED" Resolution #GPA-514-95 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT Report FD-13-95 be received for information. "CARRIED" COMMUNITY SERVICES DEPARTMENT Animal Control Monthly Report for Month of June 1995 Animal Control Monthly Report for Month of July 1995 Councillor Hannah chaired this portion of the meeting. Resolution #GPA-515-95 Moved by Councillor Elliott, seconded by Councillor Novak THAT Report CS-28-95 be received for information. "CARRIED" Resolution #GPA-516-95 Moved by Councillor Novak, seconded by Councillor Scott THAT Report CS-29-95 be received for information. "CARRIED" 211 . . . . . G.P.& A. Minutes COMMUNITY SERVICES - 12- September 5, 1995 Resolution #GPA-517-95 Canada Remembers Moved by Councillor Dreslinski, seconded by Councillor Pingle Program/50 Years of Peace Commemoration THAT Report CS-30-95 be referred to the 1996 budget deliberations. "CARRIED" PUBLIC WORKS DEPARTMENT Amendment to By-law 92-116 - Levying of Taxes for Street Lighting Services Within the Municipality ADMINISTRATION UNFINISHED BUSINESS Opportunity to Use Approximately 10,000 Tonnes of Reclaimed Asphalt Pavement Councillor Elliott chaired this portion of the meeting. Resolution #GPA-518-95 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT Report WD-38-95 be received; and THAT Council approve the proposed by-law attached to Report WD-38-95, amending By-law 92-116, which provides for the levying of taxes for street lighting services within the Municipality of Clarington. "CARRIED" There were no reports considered under this section of the agenda. Resolution #GPA-519-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Addendum to Report WD-18-95 be received for information. "CARRIED" Acting Mayor Ping1e chaired this portion of the meeting. Resolution #GPA-520-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the delegations of Gary Majesky, pertaining to the parking of commercial motor vehicles and waste management issues, be received with appreciation; and THAT Gary Majesky be advised of Council's decision. "CARRIED" 212 I n . . . " G.P.& A. Minutes OTHER BUSINESS Coroner Inquest Death at Mosport Park In 1994 ADJOURNMENT - 13- September 5, 1995 Resolution #GPA-521-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the Chief Administrative Officer be authorized to proceed with an Offer to Purchase the property located at 61 West Beach Road, Bowmanville, in the amount of $88,000, FORTHWITH; THAT the appropriate by-law be forwarded to Council on September 11, 1995, for approval; and THAT the Municipality's Solicitor be directed to take all necessary actions to effect the purchase of this property by the Municipality of Clarington. "CARRIED" Resolution #GPA-522-95 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the meeting be "In Camera" for consideration of a legal matter. "CARRIED" Resolution #GPA-523-95 Moved by Councillor Novak, seconded by Councillor Scott THAT Report PD-101-95 be received; and THAT the Municipality's Solicitor be authorized to seek standing for the Municipality at the inquest and to represent the Municipality at the inquest. "CARRIED" Resolution #GPA-524-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the meeting adjourn at 9:50 p.m. "CARRIED" ~/- ar ight, Deputy Clerk 1hr1~~~y~AY . Ceniftetllsr P. Piflgle, ",'.otift!; Mayer . . 2 1 3 Mayor D. Hamre