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HomeMy WebLinkAbout11/15/1993 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee November 15, 1993 ROLL CALL Present Were: Also Present: MINUTES PRESENTATION Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, November 15, 1993 at 9:30 am. in the Council Chambers. Mayor D. Hamre (Until 2:30 p.m.) Councillor A Dreslinski (Until 2:50 p.m.) Councillor L. Hannah 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 Fire Chief, M. Creighton Director of Public Works, W. Evans Director of PJaoning and Development, F. Wu Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. Resolution #GPA-631-93 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on November 1, 1993, be approved. "CARRIED" Mr. David Crombie, Waterfront Regeneration Trust, 207 Queen's Quay West, Suite 580, Toronto, M5J 1A7 - re: Waterfront Study - David Crombie circulated a brochure entitled "Waterfront Regeneration Trust - Work Plan" and advised that the Waterfront Regeneration Trust was enacted by the Ontario Legislature on June 25, 1992. Bill 1 received Royal Assent the same day establishing the Waterfront Regeneration Trust as an agency of the Provincial Government. The objectives of the Waterfront Regeneration Trust are to: facilitate the establishment of a trail and associated green or open spaces on waterfront lands from Burlington Bay to the Trent River; co-ordinate programs and policies of the Government of Ontario and its agencies relating to waterfront lands; advise the Province on any matters relating to the use, disposition, conservation, protection and regeneration of waterfront lands; 20 . . . G.P.& A Minutes -2- November 15, 1993 PRESENTATION CONT'D. PUBLIC MEETING serve as a resource centre and information clearing house for policies of the Government of Ontario relating to waterfront lands; consult with the public to determine the public interest in the environmental integrity of waterfront lands; and do such other things as the Government of Ontario may direct. He gave a slide presentation reflecting the principles of regenerating the waterfront and a map outlining the land area which includes the Niagara Escarpment and the Oak Ridges Moraine. He advised that development of the waterfront is not necessarily a shoreline trail but a waterfront trail. He expressed his willingness to hold round table discussions with all interested parties. (a) Municipality of C1arington Waterfront Study Phase 3 Report: Recommended Waterfront Land Use Strategy Before proceeding with this matter, the Chairman asked the Deputy Clerk to advise on the manner of notice. The Deputy Clerk advised that a public notice was sent by first class mail on or before November 3, 1993 to all included on the waterfront mailing list. Additionally the notice was placed in local newspapers on November 3, 1993. The Chairman announced that all persons who wish further notice of the Waterfront Study should leave their name, address and telephone number with the Clerk's Department. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendment, then the objectors would be heard, followed by the supporters and the applicant. (a) Municipality of C1arington Waterfront Study Phase 3 Report: Recommended Waterfront Land Use Strategy - Report PD-153-93 - The Waterfront Study is being undertaken as part of the Official Plan Review in order to formulate a long term strategic plan for the preservation, enhancement and development of the C1arington Waterfront Area. Linda HeIIas, Bird and Hale Limited, 1.263 Bay Street, Toronto, M5R 2Cl - re: Waterfront Study - displayed maps of the waterfront area in the Municipality of Clarington, Recommended Greenway Network and a Vision of the Greenway Systems For the Future. She advised that the consultant bas recommended an eco-system approach for the development of some 31 kilometres of shoreline distance. She indicated that presently, 3% of the area is publicly accessible and, by the year 2000, this should be increased to 25%. The long term plan indicates that industrial lands will increase from 7% to 14%, the residential land use will increase from 4% to 10% and the agricultural use will be reduced from 64% to 35%. The long term plan for the recommended Greenway Network is to function as an east-west regional trail. 202 . . . G.P.& A Minutes - 3- November 15, 1993 PUBLIC MEETING CONT'D. Ruth Hinkley, 158 Wilmot Trail, Neweastle, Lffi 1BO - circulated a letter from the Wilmot Creek Homeowners Association dated November 15, 1993 which addressed the Phase 3 Report of the Clarington Waterfront Study. She indicated that "the Association agrees that the Wilmot Creek Community should be a special study area and that this area is identified in the September, 1993 Waterfront Background Paper". She requested that, in future discussions, the Ministry of Housing, which through the Rent Control Act regulates the monthly rent payments, be involved in discussions. If the public trail is sited across the shoreline there would be the need to ensure not only security measures for homes but security measures for the recreation facilities and reimbursement to residents for lOBS of lifestyle. She concluded by stating that the Association commends the formation of the Long Term Strategic Plan for the development, enhancement and preservation of the Lake Ontario resources in the Municipality of C1arington. AI M".........I. 4188 T ........hnre Road, Neweastle, Lffi lHO - advised that he operates a commercial vegetable farming operation on approximately 200 acres of land which runs 3 kilometres along both sides of Lakeshore Road. He advised that he has a very serious concern pertaining to toxic chemicals which he sprays approximately once per week. The re-entry period for some of these chemicals runs from 24 to 48 hours and exposure to these ch..m;"" I. could be very hazardous for someone walk:ing along the trail which would traverse fields which have been sprayed Maureen ~ Box 44021, Osbawa, LlH 8R5 - referred to a letter previously sent to the Planning Department expressing her concerns pertaining to the contents of the Waterfront Study. She strongly objects to the expropriation of over 100 homes to create open space and noted that St. Marys Cement operation should only be allowed to operate under the regulations of its original permit. Bob Morrison, 97 Cedar Crest Beach, BowmanvilJe, LIC 3Ka - suggested that the Darlington Hydro Plant and St. Marys Cement Plant should be approached to determine their wil1ingness to allow access to the lake from their lands. He requested c1arif1cation on an "after use plan" for St. Marys to determine if the property could be restored to a useful form. John Shaw, 4401 T ........hare Road, Neweastle, LIB 1LO - expressed a concern pertaining to this public meeting being held during the day because people who are employed cannot attend. He also suggested that consideration be given to contacting the Ganaraska Conservation Authority in Port Hope and Orono in the interim, to determine the feasibility of N orthlSouth trails. Bernard W......1iqg, 60 West Beach Road, BowmanvilJe, LIC 3K3 - requested c1arif1cation of the intent of the Port DarJington Secondary Plan and noted that West Beach Road is a private road and that the Harbour Commission lands comprise less than 1/3 of the land area on West Beach Road. 203 . . . G.P.& A Minutes -4- November 15, 1993 PUBLIC MEETING CONT'D. John Wells, 15 Firwood Avenue, Courtice, LIE 11'6 - noted that consideration should be given to double railway tracks running along the lakeshore. Wesley Down, 726 TownIine Boad South, Oshawa, LIE lCl - advised that he owns land adjacent to Darlington Park and asked if there is a land freeze between the area of Dar1ington Park and Darlington Generating Station. Roger Howard, Ridge Pine Park Inc., Rice Capital Group, 17 Dean Street, Brampton, L6W IM7 - circulated a letter dated October 22, 1993 enclosing his proposal with respect to the accommodation of the Waterfront Trail in relation to the Wilmot Creek lands. He stated in his letter that "this proposal offers a viable solution for all sides, on one hand providing an acceptable and efficient route for the trail and on the other, preserving the integrity of the Wilmot Creek community, the desires of the WIlmot Creek residents and the direction of Municipal Council". He requested that the Waterfront Study report not be approved until such time as the existing trail in Wilmot Creek is oflicially realigned. Mavis Carlton, Pr-inPnt or the Port Darlington Comnnmity .A"""";Rti<m, R. R. #2, Group 2, Box 63, Bow.........ille, LIC 3K3 - noted that, in her estimation, the report has given little consideration to the cultural and heritage history of the area. The Waterfront Study, she advised, does not encompass an evaluation of the health risks associated with the proposed industrialization of the lands on the lakefront. David Crombie, Waterfront Regeneration Trust, 207 Queen's Quay West, Suite 580, Toronto, M5J 1A7 - reiterated to Members of the Committee that "expropriation of privately owned lands is not part of the equation" for creating access to waterfront. He addressed the various concerns expressed by the delegations and advised that he is looking forward to round table discussions with municipal officials, organizations and members of the public. Resolution #GPA-632-93 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT Mr. David Crombie and members of the Waterfront Regeneration Trust be thanked for their excellent presentation and advised that the Municipality of C1arington looks forward to future meetings. IlCARRIED" Noone spoke in support of this application. Resolution #GPA-633-93 Moved by Councillor N oval<, seconded by Councillor Dreslinski THAT the Committee recess for lunch until 1:15 p.m. "CARRIED" 204 . . . G.P.& A Minutes - 5- November 15, 1993 The meeting reconvened at 1:15 p.m. DELEGATIONS Councillor Hannah made a declaration of interest with respect to the delegations; vacated his chair and refrained from discussion and voting on the subject matter. Councillor JlRnnRh is a member of the Oshawa Gun Club. (a) Steve JRnRIIUI, 260 King Street East, R.R. #1, Box 8, Hampton, LOB lJO - re: Report CD-30-93 - referred to a petition presented to Council in November, 1992, from the residents of Hampton requesting that the Marksmen Club exemption to By-law 89-184 (Noise By-law) be rescinded. He advised that the discharging of fIrearms outdoors is frightening to children, domestic and farm Rn;mRl. and wildlife. He feels that the right to peace and quietness of the residents is being violated and that the discharge of flI'earms will devaluate the adjacent homeowners' properties. He advised that no further complaints pertsining to noise have been made since November, 1992 because the petitioners were awaiting a response to their complaint. He requested that a sound level report be completed by the Municipality of C1arington. He sited various instances when there is continuous noise emanating from the discharge of firearms for as long as two hours at a time. (b) Gerry Neely, Pr-inPnt, Marksmen Club ofOshawa, P.O. Box 2002, Oshawa Sub 'N, Oshawa, LlH 7V4 - re: Report CD-30-93 - advised that the Marksmen Club of Oshawa was started in 1937 and moved to its present location in 1963. The club is comprised of 213 members from all walks of life and some of whom reside in the Municipality of C1arington. The property covers 17 1/2 acres and members shoot at targets some 20 yards away. Neighbours on both sides of the property, with the exception of Mr. Jansma, were contacted and it was determined that there was no opposition to the activities of the Marksmen Club of Oshawa. It was determined by a noise study expert that the fact that the persons shooting move up and down the property made it impossible to get a registerable reading. He noted the club's willingness to pay for a sound study if an expert can be found. He advised that the petitioners who signed Mr. Jansma's petition reside in Hampton and are not neighbours of the Marksmen Club of Oshawa property. PLANNING AND DEVELOPMENT Municipality of C1arington Waterfront Study Pbase 3 Report: Recommended Land Use Strategy Resolution #GPA-634-93 Moved by Councillor Dres1inski, seconded by Councillor Scott THAT Report PD-153-93 be received; THAT the 'Recommended Land Use Strategy' Report, being the Phase 3 Report of the Municipality of CJarington Waterfront Study, be received for information and referred hack to Staff to bring forward an amendment to the Official Plan; 'z...... 'S. ; ..'1 i '1.:1.., . . . G.P.& A Minutes - 6- November 15, 1993 PLANNING AND DEVELOPMENT CONT'D. Monitoring of the Decisions of the Committee of Adjustment for the Meeting of October 28, 1993 THAT the Waterfront Trail and Greenway Concept be endorsed in principle and that Staff report back on an interim and ultimate alignment for the Waterfront Trail; and THAT all delegations and interested parties listed in Report PD-153-93 be advised of Council's decision. "CARRIED" Resolution #GPA-635-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-154-93 be received; THAT Council concur with the decisions of the Committee of Adjustment 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. IICARRIED" Exemption from Part Resolution #GPA-636-93 Lot Control - Kiddicorp Investments - Moved by Councillor Hooper, seconded by Councillor Scott D14.DEV.93.036 THAT Report PD.155-93 be received; THAT the request submitted by George L. Smith on behalf of Kiddicorp Investments, for removal of Part Lot Control on Blocks 1 - 20 inclusive on Plan 4OM-1741 be approved; THAT the By-law attached to Report PD-155-93 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and THAT the interested parties listed in Report PD-155-93 and any delegation be advised of Council's decision. nCARRIED" 206 . . . G.P.& A Minutes -7 - November 15, 1993 PLANNING AND DEVELOPMENT CONT'D. Engineering and Resolution #GPA-637-93 Streetscaping Design Work Bowmanville West Moved by Councillor Dreslinski, seconded by Councillor Hannah Main Central Area Monthly Report on Building Permit Activity for October, 1993 CLERK'S DEPARTMENT Request for License to Sell Break-Open Lottery (Nevada) Tickets - Bowmanville Minor Hockey Assoc. THAT Report PD-156-93 be received; THAT Totten Sims Hubicki Associates be authorized to undertake the work as outlined in their proposaJ dated November 4, 1993 (Attachment #2 to Report PD-156-93) subject to the contributions by Markborough Properties Inc. and Willsonia Industries Ltd. for the portion of work identified in Section 2.2 of Report PD-156-93; and THAT funds in the amount of $6,725. be drawn from Account 7205-87000-260 Engineering Design and $35,200 be drawn from Account 110-184-X Public Works Development Charge Reserve Account for the Town-funded portion of this work, FORTHWITH. "CARRIED" Resolution #GPA-638-93 Moved by Councillor Hooper, seconded by Councillor Scott THAT Report PD-157-93 be received for information. "CARRIED" Councillor Novak chaired this portion of the meeting. Resolution #GP A-639-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT Report CD-27-93 be received; THAT the request from the Bowmanville Minor Hockey Association for a licence to sell Break-Open (Nevada) tickets from a third party location be approved; and THAT Mr. Paul Jackman, President, Bowmanville Minor Hockey Association, be advised of Council's decision. "CARRIED" 207 . . . G.P.& A Minutes - 8- November 15, 1993 CLERK'S DEPARTMENT CONT'D. Resolution #GPA-640.93 Council Approval of Lottery Licenses Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT requests for lottery licenses be p1aced directly on the Council agenda for direction with the appropriate recommendation; and THAT the Province of Ontario be petitioned to review the process and legality of Council delegating to Staff its authority to approve lottery licenses. "CARRIED" Parking Enforcement Resolution #GPA-641-93 Monthly Report for Month of October, 1993 Moved by Councillor Dreslinski, seconded by Mayor Hamre THAT Report CD-28-93 be received for information. Request for License to Sell Break-Open Lottery (Nevada) Tickets - C1arington Orioles Baseball Club Noise Complaints and Amendments to the Noise By-law "CARRIED" Resolution #GPA-642-93 Moved by Councillor Hooper, seconded by Mayor Hamre THAT Report CD-29-93 be received; THAT the request received from the C1arington Orioles Baseball Club for a licence to sell Break-Open (Nevada) tickets from a third party location be approved; and THAT Mr. Michael Dymarski, Treasurer, C1arington Orioles Baseball Club, be advised of Council's decision. "CARRIED" Councillor Hannah made a declaration of interest with respect to Report CD-30-93; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Hannah is a member of the Oshawa Gun Club. Resolution #GPA-643-93 Moved by Councillor Scott, seconded by Councillor O'Toole THAT Report CD-30-93 be received; THAT the request of Mr. Steven Jansma to rescind the exemption for the Marksmen Club of Oshawa contained in By-law 89-184 (Noise By-law), be denied; THAT the By-law attached to Report CD-30-93, amending the curfew hours for construction noise be forwarded to Council for passage; and 208 . . . G.P.& A Minutes - 9- November 15, 1993 CLERK'S DEPARTMENT CONT'D. THAT Mr. Steven Jansma and all interested parties be advised of Council's decision and forwarded a copy of Report CD-30-93. SEE FOLLOWING MOTIONS Resolution #GPA-644-93 Moved by Councillor O'Toole, seconded by Councillor Scott THAT the recommendations contained in Report CD-30-93 be divided to allow for the request of Mr. Steven Jansma separately. IlCARRIED" Resolution #GPA-645-93 Moved by Councillor Scott, seconded by Councillor O'Toole THAT the By-law attached to Report CD-30-93, amending the curfew hours for construction noise be forwarded to Council for passage. "CARRIED" Resolution #GPA-646-93 Moved by Mayor Hamre, seconded by Councillor Dreslinski THAT Report CD-30-93 be received; THAT the request of Mr. Steven Jansma to rescind the exemption for the Marksmen Club of Oshawa contained in By-law 89-184 (Noise By-law) be referred back to Staff to allow for discussions and review. IICARRIEDII Councillor O'Toole chaired this portion of the meeting. TREASURY DEPARTMENT Reimbursement of Expenses to the Mayor and Members of Council - August and September, 1993 Cash Activity Report August, 1993 Part A Resolution #GPA-647-93 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report TR-96-93 be received for information. "CARRIED!! Resolution #GPA-648-93 Moved by Councillor Dreslinski, seconded by Mayor Hamre THAT Report TR-97-93 be received; 209 . . . G.P.& A Minutes - 10- November 15,1993 TREASURY DEPARTMENT CONT'D. Cash Activity Report September, 1993 Part A THAT, in accordance with provision 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 C1arington for the month ended August 31, 1993, is as shown on the schedule attached to Report TR-97 -93; and THAT Part A of the expenditures for the month of August, 1993 be conIll'med. "CARRIED" Resolution #GP A-649-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report TR-98-93 be received; THAT, in accordance with provision 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 C1arington for the month ended September 30, 1993, is as shown on the schedule attached to Report TR-98-93; and THAT Part A of the expenditures for the month of September, 1993 be conIll'1lled. "CARRIED" Resolution #GPA-650-93 Moved by Councillor DresJinski, seconded by Mayor Hamre THAT the order of the agenda be altered to allow for consideration of Addendum #2 to Report TR-65-93 listed under "U nImished Business" at this time. IlCARRlED" Resolution #GPA-651-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report TR-65-93 be lifted from the table; THAT Report Addendum #1 to Report TR-65-93 be Jifted from the table; THAT Report Addendum #2 to Report TR-65-93 be received; THAT Report TR-65-93 be received; THAT Report Addendum #1 to Report TR-65-93 be received; THAT By-law 92-151 be rescinded; THAT the by-law attached to Report TR-65-93 be recommended to Council for enactment; THAT the flat rate method of payment for kilometres travelled be offered to the Mayor and Members of Council at the following rates: Members of Council $125.00 Mayor $200.00; and 210 G.P.& A Minutes - 11- November 15,1993 . TREASURY DEPARTMENT CONT'D. THAT if the flat rate is chosen by the Mayor or any Member of Council it is effective beginning November, 1993 until reconsidered with the 1994 budget deliberations. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-652-93 Moved by Councillor JlRnnRh, seconded by Councillor Novak THAT the foregoing Resolution #GPA-651-93 be amended by deleting the number "$125.00" in the eighth paragraph and replacing it with "$100.00" and amending the ninth paragraph by removing the words "if" and "is" and replacing the words "it is" with "be". "CARRIED" The foregoing Resolution #GPA-651-93 was then put to a vote and CARRIED AS AMENDED. FIRE DEPARTMENT There were no reports considered under this section of the agenda. . COMMUNITY SERVICES DEPARTMENT Brownsdale Community Resolution #GPA-653-93 Centre - Status Report Moved by Councillor Hooper, seconded by Councillor Scott THAT Report CS-30-93 be received for information. "CARRIED' Animal Control Monthly Resolution #GPA-654-93 Report for Month of October, 1993 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report CS-31-93 be received for information. "CARRIED" Councillor Hannah chaired this portion of the meeting. . 211 . . . G.P.& A Minutes PUBLIC WORKS Appointment of Public Works Supervisors as By-law Enforcement OffICers for the Purpose of Enforcing Municipal By-law No. 91-58 in Accordance with the Highway TraffIC Act - 12- November 15, 1993 Resolution #GPA-655-93 Moved by Councillor O'Toole, seconded by Councillor Scott THAT Report WD-48-93 be received; THAT the proposed by-laws attached to Report WD-93 be forwarded to Council for approval; and THAT the Senior By-law Enforcement OffICer provide the training and instruction necessary for the appointed Supervisors to perform the duties of a By-law Enforcement Officer during the winter season. "CARRIEDII Traffic Conditions Resolution #GPA-656-93 Pebblestone and Trulls Roads - Intersection Moved by Councillor Hooper, seconded by Councillor Novak and Surrounding Areas Courtice THAT Report WD-49-93 be received; THAT the regulatory speeds on Pebblestone Road between Durham Regional Road 34 and Durham Regional Road 55, and Tooley Road from Pebblestone Road northerly be reduced from 80 km/hr to 60 km/hr; and THAT the proposed By-law attached to Report WD-49-93 (Attachment No.3) be forwarded to Council for approval to implement the change. ADMINISTRATION UNFINISHED BUSINESS OTHER BUSINESS "CARRIED" There were no reports considered under this section of the agenda. Addendum #2 to Report TR-65-93 was considered earlier in the meeting (see Page 10). There were no items considered under this section of the agenda. 212 . . . G.P.& A Minutes ADJOURNMENT - 13- November 15, 1993 Resolution #GPA-657-93 Moved by Councillor Scott, seconded by Councillor Novak THAT the meeting acljourn at 3:15 p.m. "CARRIED" C~~&~t/ ~~jzU 213