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Home My WebLink About10/18/1993 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee October 18, 1993 ROLL CALL Present Were: Also Present: MINUTES PUBLIC MEETINGS Minutes of a regu1ar meeting of the General Purpose and Administration Committee held on Monday, October 18, 1993 at 9:30 am. in the Council Chambers. Mayor D. Hamre Councillor A Dreslinski Councillor L. Jl RnnR h Councillor K Hooper Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Acting Chief Administrative OffICer, M. Marano Director of Community Services, J. Caruana (Until 2:27 p.m.) Fire Chief, M. Creighton (Until 2:27 p.m.) Director of Public Works, W. Evans Director of Planning and Development, F. Wu (Until 12:00 noon) Town Clerk, Patti L. Barrie Mayor Hamre chaired this portion of the meeting. Resolution #GPA-581-93 Moved by Councillor N oval<., seconded by Councillor Dreslinski THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on October 4, 1993, be approved "CARRIEDt! Pursuant to Section 34, Subsection 12 of the Planning Act, the Municipality of C1arington Council, through its General Purpose and Administration Committee, is holding a Public Meeting for the following Rezoning Applications: (a) Proposed Zoning By-law Amendment - Part Lot 29 & 30, Concession 2, former Township of Dar1ington - Randy Henry on behalf of Oshawa Wood Products - DEV.93.031; (b) Proposed Zoning By-law Amendment - Part Lot 29 & 30, Concession 3, former Township of Dar1ington - W.D.M. Consultants on behalf of 846555 Ontario Limited - DEV.93.027 (X-RefNPA93.007/CN); 201 . . . G.P. & A Minutes - 2- October 18, 1993 PUBLIC MEETING CONT'D. (c) Proposed OtrJCial Plan Amendment - Part Lot 11 & 12, Concession 1, former Town of Bowmanville - Weston & Associates on behalf of 970973 Ontario Ltd - DEV.93.032 (X-Ref: OPA93.0101D, OPA93.004/C & 18T.93008). Before proceeding with these maters, the Chairman asked the Clerk to advise on the manner of notice. The Clerk advised that public notices for the rezoning applications were sent by first c1ass mail on or before September 28, 1993 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 sites prior to September 17, 1993. This notice procedure is in compliance with Ontario Regulation 404/83. The Chairman announced that all persons wishing further notice of the passage of the by-laws should leave their name, address and telephone number with the Clerk's Department. The Chairman announced that the Director of plRnn;ng 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) Oshawa Wood Products - Report PD-138-93 - The purpose of this application is to permit the establishment of a Flea Market and Auction Room on a permanent basis. Noone spoke in opposition to or in support of this application. Mr. Randy Henry, 2149 Courtice Road, Courtlce, LlE 2MB, advised Committee that three years ago a temporary rezoning had been passed to allow for a flea market and auction ham to be operated at the subject site on a temporary basis. He indicated that since that time he has offered a good community service and been a good neighbour to surrounding citizens. Mr. Henry indicated that the operation will continue on a weekend basis with perhaps the occasional week night auction taking place. (b) 848555 Ontario Limited - Report PD-139-93 - The purpose of this application is to recognize the realignment and channelization of a tributary in an appropriate zone category. No one spoke in opposition to or in support of this application. Mr. William Manson, 20 Clematis Road, Wi11owdale, M2J 4X2, addressed Committee on behalf of 848555 Ontario Limited and indicated that this rezoning application has been submitted as a house-keeping measure. The channel has already been realigned, however the Central Lake Ontario Conservation Authority and the municipality requested the application to bring the zoning into compliance with the present zoning by-law. 202 . . . G.P. & A Minutes - 3 - October 18, 1993 PUBLIC MEETING CONT'D. (c) 970973 Ontario Limited - Report PD-14O-93 - The purpose of this application is to permit 69 single family dwel1ing units and 71 townhouse units for a total of 140 units. Mrs. Rienne Bruce, 17 Loscombe Drive, Bowmanville, L1C 3L8, indicated to the Committee that she enjoys the Bowmanville Creek and adjoining land, a disappearing natural resource. She indicated concerns for animal life, fish life and plant life which will be lost if this application is allowed to proceed Mrs. Bruce submitted a petition of over 1000 names in opposition to the proposed development. Mr. Denis Kavanagh, 68 Spry Avenue, Bowmanville, LIC 3Y3, a 19-year resident of Bowmanville, stated that the Bowmanville Creek is the sole reason for BowmanvilJe's existence, as the Town originally settled along the creek. He indicated opposition to the proposed development for the following reasons: Loss of wildlife; Destruction of fish in the creek; Preservation of the heritage of the area; Schools and infrastructure (the proposed development will increase the stress and overcrowding in our schools); Increased traffic; A need for green areas; Tourism and employment; A wish to preserve this unique area forever. Mr. Rick Dankmeyer, 4 LOBCombe Drive, Bowmanville, LIC 3Yl, advised Committee that he moved to Bowmanville from Whitby because of the destruction of green spaces which was taking place in that community. He indicated that the creek and surrounding area are vital for the wildlife to survive. He requested that Committee preserve the land and leave it in its natural state. Mr. David Lawson, 111 Cedar Crest Beach, Box 44, Group 5, Bowmanville, LIC 3K3, a member of the Bowmanville Creek Anglers Association, questioned Committee as to how the proposed development will affect Central Lake Ontario Conservation Authority's master plan. He stated that we must protect the 10,000 raiobow trout and thousands of schinook salmon and brown trout that run the creek every spring. Mr. Lawson added that the Bowmanville Creek is of definite economical value to the Region of Durham for sport fishing. Ms. Lorna Miller, 2936 Highway #2, Bowmanville, addressed Committee in opposition to this development because of the wildlife and plant life that will be destroyed. Ms. Miller indicated that the resource that will be taken away can never be replaced. 203 . . . G.P. & A Minutes -4- October 18, 1993 PUBLIC MEETING CONT'D. Mr. Marc Battle, 25 Hunt Street, Bowmanville, LIC 2W8, indicated that he wishes to remain living in a home with a natural environment surrounding it. He stated that once the table lands are gone the green apace, which is a corridor for Rn;mR I., dies. He requested that the property be permanently rezoned to open space. Mr. Karl Fliesser, 18 Bridle Path, Bowmanville, LIC 3W1, asked Committee to look at this proposal from an esthetic and personal side. He indicated that the area is a wonderful "get away" area and that he feels the area is presently growing too fast. Mr. Fliesser believes that the area should be zoned environmentally protected Mr. Lance Thornton, 34 John Scott Avenue, Bowmanville, LIC 4K9, indicated that he finds walking in this area to be a great stress reliever. Mr. Thornton advised that the creek is alive with fish which will be eventually killed off due to run off from homes if the proposed development is allowed to go ahead. Mrs. Nancy Armstrong, 19 Loscombe Drive, Bowmanville, LIC 3F8, opposed the proposed development because of the natural habitat and heritage of the area which will be lost. She stated that the area is an extension of the conservation area to the north and is a reserve for the birds which have already been disp1aced because of development. The children are being taught in schools to save the environment and should this development go ahead, what message are we sending to the students? Mr. Mark Pengelly, 35 Nelson Street, Bowmanville, LIC 1E4, a six-year resident of the town, stated that he concurs with comments previously stated with respect to the loss of a natural habitat. Mrs. Evylin Stroud, 89 Little Avenue, Bowmanville, LlC 1J9, is opposed to the development on environmental land, and questioned whether the municipality would be finRnMR IIy liable if the homes were built and were then flooded. Noone spoke in support of the application. Mr. Murray Evans, Weston and Associates, 64 Jardin Drive, Unit 7, Concord, IAK 3P3, indicated that the importance of the green apace for the surrounding neighbours has been well noted He stated that his fll'1ll is attempting to build housing in concert with the large piece of the area as approximately 70 acres will not be developed. Eventually the conservation authority and the municipality will own the undeveloped portion of the property. Mr. Evans indicated that a consultant team of ecologist has been retained to ensure that the quality of the water and natural resource is maintained. He stressed that the proponent does not propose any development in the flood plain. 204 . . . G.P. & A Minutes DELEGATIONS - 5- October 18, 1993 Resolution #GPA-582-93 Moved by Councillor DresJinski, seconded by Councillor JlRnnRh THAT Committee recess for 15 minutes. "CARRIED" The meeting reconvened at 11:06 a.m. (a) Mr. John Winter, John Winter & Associates Ltd., Management Consultants, Suite 201, 2 Wheeler Avenue, Toronto, M4N 3V2, appeared on behalf of Mr. Otto Provenzano, and requested that Committee reconsider its position of July 19, 1993, wherein the rezoning application of Mopro Construction, to permit 2,160 square metres of retail and personnel floor space and 2,070 square metres of residential floor space was denied. (b) Mr. Otto Provenzano, Mopro Construction, 309 Kendalwood Road, Whitby, LlN 2G2, concurred with the comments made by Mr. Winter, and requested that Committee reconsider its position in this matter. PLANNING AND DEVELOPMENT Rezoning Application Randy Henry on Behalf ofOshawa Wood Products Part Lot 29 & 30, Conc. 2, former Township of Darlington DEV.93.031 Rezoning Application WDM Consultants on Behalf of 848555 Ontario Ltd Part Lot 30, Conc. 3, former Township of Dar1ington DEV.93.027 Resolution #GPA-583-93 Moved by Councillor Hooper, seconded by Councillor Scott THAT Report PD-138-93 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Randy Henry on behalf of Oshawa Wood Products, be referred hack to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and THAT the Durham Region Planning Department, and all interested parties listed in Report PD-138-93 and any delegation be advised of Council's decision. IlCARRIED" Resolution #GPA-584-93 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report PD-139-93 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by WDM Consultants on behalf of 848555 Ontario Limited, be referred hack to Staff for further procesaing and the preparation of a subsequent report upon receipt of all outstanding comments; and 21)'5' f~.- I,. " . . . G.P. & A Minutes - 6- October 18, 1993 PLANNING AND DEVELOPMENT CONT'D Rezoning Application 970973 Ontario Ltd. Part Lot 11 & 12, Conc. 1, former Town of Bowmanville D14.DEV.93.032 Monitoring of the Decision of the Committee of Adjustment for the meeting of September 30, 1993 D13.MO Rezoning Application Lester Little Part Lot 30, Conc. 3, former township of Darlington D14.DEV.89.132 THAT the Durham Region P1Rnning Department, and all interested parties listed in Report PD-139-93 and any delegation be advised of Council's decision. nCARRIED" Resolution #GPA-585-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT Report PD-I40-93 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Weston and Associates on behalf of 970973 Ontario Limited be referred back to Staff for further processing; and THAT the interested parties listed in Report PD-140-93 and any delegation be advised of Council's decision. "CARRIED" Resolution #GP A-586-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT Report PD-141-93 be received; THAT Council concur with the decision of the Committee of Alljustment made on September 30, 1993; 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 #GPA-587-93 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report PD-142-93 be received; THAT the application to amend the municipality's Comprehensive Zoning By-law 84-63, as amended, submitted by Lester Little, be approved; and THAT the interested parties listed in Report PD-142-93 and any delegation be advised of Council's decision. "CARRIED" 2lJ6 . . . G.P. & A Minutes - 7- October 18, 1993 PLANNING AND DEVELOPMENT CONT'D. Conservation Resolution #GPA-588-93 Authority Submissions on Restructuring Moved by Councillor Scott, seconded by Councillor Novak Resource Management in Ontario THAT Report PD-143-93 be received; and A01.GE Status Report on the Official Plan Review - Phase 2 - Issues and Options D08.BO Monthly Report on Building Permit Activity for September 1993 Hydrologic Investigation of Laidlaw Landf1ll site for Environment Canada - Phase I Progress Report E07.GE THAT Report PD-143-93 be forwarded to the Minister of Naturai Resources, the Association of Conservation Authorities of Ontario (ACAO), the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority, the Kawartha Region Conservation Authority and the Region of Durham Planning Department as the position of the Municipality of C1arington on the two reports prepared by the ACAO on 'Restructuring Resource Management in Ontario'. "CARRIEDII Resolution #GPA-589-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT Report PD-I44-93 be received for information. "CARRIED" Resolution #GPA-590-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-145-93 be received for information. "CARRIED" Resolution #GPA-591-93 Moved by Councillor O'Toole, seconded by Councillor JlRnnRh THAT the order of the agenda be altered to allow for consideration of Report PD-146-93 listed under Unfinished Business. "CARRIED" Resolution #GPA-592-93 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report PD-146-93 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) 207 G.P. & A Minutes - 8- October 18, 1993 . PLANNING AND DEVELOPMENT CONT'D. Resolution #GPA-593-93 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the foregoing Resolution #GPA-592-93 be amended by adding the following thereto: "WHEREAS Environment Canada has retained the consulting firm of Gartner Lee to undertake a hydrological review of the existing Laidlaw landf1ll site in Part Lots 11 and 12, Concession 3, former Township of Clarke, former Town of Newcastle, now in the Municipality of C1arington, as part of Environment Canada's investigation of the site for possible infractions under the Fisheries Act; AND WHEREAS Gartner Lee's report, entitled 'Hydrologic Investigation of Graham Creek in the Vicinity of the Newcastle Landf1ll Site, Town of N ewcastJe, Ontario - Phase I Progress Report', concludes that leachate contaminsted ground water from the landf1ll is discharging to Graham Creek; . AND WHEREAS Gartner Lee's report recommends that access to the landf1ll site be obtainsd in order to precisely determine the exact location and nature of contaminant discharge to Graham Creek; AND WHEREAS Environment Canada apparently does not plan to continue with Phase II of the investigation; AND WHEREAS the residents of the Municipality of Clarington, who have endured the contaminstion from this landfill site for many years, have the right to know when Phase II of Environment Canada's investigation will start and that the investigation will be pursued vigorously to its final conclusion; AND WHEREAS the property immediately adjacent to the Laidlaw landfill is currently on the Interim Waste Authority's 'Short List' for a Durham Region landfill: NOW THEREFORE BE IT RESOLVED THAT Environment Canada be urged, in the strongest possible terms, to immediately proceed with all necessary further work to complete its investigation of the Laidlaw landfill site; and THAT a copy of Report PD-146-93 be forwarded to Simon Llewellyn, Regional Director, Environment Canada; the Federal Minister of the Environment; The Honourable Bud Wildman, Minister of Energy and Environment; Walter Pitman, Chair, Interim Waste Authority; Dr. Kyle, Medical Officer of Health, Regional Municipality of Durham; The Honourable Bob Rae, Premier of Ontario; Ross Stevenson, M.P.; Gordon Mills, M.P.P.; Norman Berzins, Committee of Clarke Constituents; and the Regional Municipality of Durham." ItCARRIED" . The foregoing Resolution #GPA.592-93 was then put to a vote and CARRIED AS AMENDED. Councillor Novak chaired this portion of the meeting. 208 . . . G.P. & A Minutes CLERK'S DEPARTMENT Parking Enforcement Monthly Report for Month of September, 1993 T02.GE By-law Enforcement Report Period April 1, 1993 - September 30, 1993 P01.BY - 9- October 18, 1993 Resolution #GPA-594-93 Moved by Mayor Hamre, seconded by Councillor O'Toole THAT the recommendations contained in Confidential Report CD-21-93 be adopted "CARRIED" Resolution #GPA-595-93 Moved by Councillor Hooper, seconded by Councillor O'Toole THAT Report CD-22-93 be received for information. "CARRIED" Resolution #GPA-596-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report CD-23-93 be received for information. "CARRIED" Request for License to Resolution #GPA-597-93 Sell Break-Open Lottery (Nevada) Tickets - Moved by Councillor Dreslinski, seconded by Councillor Scott Schizophrenia Society of Canada - P09.SC THAT Report CD-24-93 be received; THAT the request received from the Schizophrenia Society of Canada for a licence to sell Break-Open (Nevada) tickets from a third party location be approved; and THAT Penelope Marrett, Schizophrenia Society of Canada, be advised of Council's decision. "CARRIED" Request for License to Resolution #GPA-598-93 Sell Break-open Lottery (Nevada) Tickets - Moved by Councillor Scott, seconded by Councillor O'Toole Heart and Stroke Foundation - P09.HE THAT Report CD-25-93 be receiv;ed; THAT the request received from the Heart and Stroke Foundation for a licence to sell Break-Open (Nevada) tickets from a third party location be approved; and THAT the Heart and Stroke Foundation be advised of Council's decision. "CARRIED" 209 . . . G.P. & A Minutes -10- October 18, 1993 CLERK'S DEPARTMENT CONT'D Resolution #GPA-599-93 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT Committee recess unti11:15 p.m. "CARRIEDn The meeting reconvened at 1:15 p.m. TREASURY DEPARTMENT Councillor O'Toole chaired this portion of the meeting. Kilometre Reimbursement Rate F09 Resolution #GPA-600-93 Moved by Councillor Dreslinski, seconded by Mayor Hamre THAT Report TR-80-93 be received; THAT the Town's mileage rate for staff and Members of Council decrease from $0.34!km. to $0.30/km., and be approved as the Town's policy effective November 1, 1993; THAT the rate reduction in the above recommendation not apply to kilometres travelled in excess of a 5000 kilometre limit; and THAT the reduced rate be maintained until the earlier of January 1, 1996 or the removal of the Provincial restrictions Under the Social Contract Act. "CARRIED" Tender NW93-36, Two Resolution #GPA-601-93 (2) Ouly Snow Plow, Truck Harness, Plows, Moved by Councillor Hooper, seconded by Councillor Novak Wings and Dump Body FI8.3837.QU THAT Report TR-90-93 be received; THAT Winslow-Gerolamy Motors, Peterborough, Ontario, with a total bid in the amount of $226,525.05 (Alternative A), being the lowest responsible bidder meeting all terms, conditions and specifIcations of Tender NW93-36, be awarded the contract to supply two (2) only Diesel dump Trucks C/W Snow Plow, Truck Harness, Plows, Wings and Dump Body, as required by the Municipality of C1arington, Department of Public Works; and THAT the funds expended be provided from the approved 1993 Capital Budget, from the Public Works Equipment Reserve Account #2900-00010-0000. IlCARRlED" 210 . . . G.P. & A Minutes - 11- October 18, 1993 TREASURY DEPARTMENT CONT'D 1992 Audit Report and Management Letter F03 Expense Reports - Mayor & Members of Council - Details of Eligible Expenses PUBLIC WORKS Fully Accessible Transit Services - Implementation Plan T03.GE Resolution #GPA-602-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT Report TR-92-93 be received for information; and THAT the recommendations and actions identified in the body of Report TR-92-93 be endorsed. 'CARRIED" Resolution #GPA-603-93 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT the order of the agenda be altered to allow for consideration of the Addendum to Report TR-65-93, which is listed under Unfinished Business. "CARRIED" Resolution #GPA-604-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT Report TR-63-93 be lifted from the table. "CARRIEDII Resolution #GPA-605-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the Addendum to Report TR-65-93 be referred hack to staff for revision of By-law 92-151 as recommended in the Addendum to Report TR-65-93 and submission of same to Council "CARRIED" Councillor Jl RnnR h chaired this portion of the meeting. Resolution #GPA-606-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report WD-46-93 be received; and THAT a copy of Report WD-46-93 be forwarded to the Ministry of Transportation. "CARRIED" 211 . . . G.P. & A Minutes - 12- October 18, 1993 PUBLIC WORKS CONT'D Resolution #GPA-607-93 Moved by Mayor Hamre, seconded by Councillor Novak THAT Confidential Report WD-47-93 be referred to the end of the agenda to be considered during an "In Camera" session. "CARRIEDII Mayor Hamre chaired this portion of the meeting. UNFINISHED BUSINESS ADJOURNMENT Resolution #GPA-608-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Mr. John Winter and Mr. Otto Provenzano be acknowledged and they be advised that no further action will be taken in this matter. "CARRIED" Resolution #GPA-609-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting "In Camera". "CARRIED" Resolution #GPA-61O-93 Moved by Councillor Jl RnnR h. seconded by Councillor O'Toole THAT the actions taken during the "In Camera" session be COnIll'1lled. "CARRIED" Resolution #GPA-611-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the meeting adjourn at 2:34 p.m. "CARRIED" &~H~ Chairman, Planning and Development Department ~ ~-/ To er y ZJE.Pvry 212