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HomeMy WebLinkAbout04/02/2012 mull LwAq dv r General Purpose and Administration Committee Minutes April 2, 2012 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, April 12, 2012 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Mayor A. Foster (arrived at 10:21 a.m.) Councillor R. Hooper Councillor M. Novak Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome (until 2:30 p.m.) Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Manager Development Review, C. Pellarin (arrived at 2:30 p.m.) Director of Finance/Treasurer, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Committee Coordinator, J. Gallagher Councillor Woo chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak attended the following: • The John O'Toole's Post-Budget Forum Breakfast on Friday, March 30, 2012 in Port Perry. • A meeting of the Energy from Waste —Waste Management Advisory Committee on Thursday, March 29, 2012. Copies of staff presentations are available from Councillor Novak. - 1 - General Purpose and Administration Committee Minutes April 2, 2012 • The Ontario Power Generation Staff Recognition for Safety event on Friday, March 30, 2012 at Darlington Nuclear Generating Station. • The Grand Opening of Royal Fitness Boutique on Saturday, March 31, 2012 at 182 Wellington Street, Bowmanville. • The Gallery on the Farm Customer Appreciation Day on Saturday, March 31, 2012 at 1721 Regional Road 3. • The Timeless Essence Customer Appreciation Day on Sunday, April 1, 2012 at 2258 Regional Rd. 3. • The Grand Opening of Apple Tree Dentist on Saturday, March 31, 2012 at 50 Mill Street, Newcastle. • "Hotel California" concert hosted by the Newcastle Horticultural Society on Saturday, March 31, 2012 at the Newcastle Community Hall. Councillor Hooper attended the following: • The Ontario Hockey Association Junior "C" Semi-final Series' Game 7 where the Bowmanville Junior "C" Eagles lost to the Campbellford Rebels on Saturday, March 31, 2012. • The Soft Opening of a new variety store, "Homestead Variety", located at Division Street, Bowmanville on Saturday, March 31, 2012. Councillor Hooper announced the following: • The Clarington Older Adults' (COAA) Smile Theatre Murder Mystery Dinners on April 11, 2012 and April 12, 2012 at the Orono Town Hall. • The COAA elected their new executive board on Friday, March 30, 2012. Councillor Traill attended the following: • The "Durham Family Court Clinic Youth in Art" Fundraiser on Thursday, March 29, 2012. • The Battle of the Bands on Friday, March 30, 2012 at the Garnet B. Rickard Recreation Complex. Councillor Traill reminded everyone that April is Cancer Month and urged everyone to support the cancer research fundraising campaign. Councillor Partner announced the following: • Canadian Tire Mosport Park will be hosting the "Boots and Hearts Music Festival" August 10-12, 2012 with tickets going on sale Wednesday, April 4, 2012. • Farm Connections will be holding an Open House on Wednesday, April 4, 2012 from 4:30 p.m. to 8:30 p.m. at the Luther Vipond Arena, located at 67 Winchester Road, Brooklin. - 2 - General Purpose and Administration Committee Minutes April 2, 2012 • Orono Horticultural Society will be holding a luncheon at noon on Thursday, April 5, 2012 at the Orono United Church. • Easter Egg Hunt on Saturday, April 7, 2012 at 10:00 a.m. at the Orono Library grounds. • Annual Easter Bunny Breakfast on Saturday, April 7, 2012 at the Newcastle Community Hall from 9:00 a.m. to 11:00 a.m. Councillor Woo attended the following: • The Ontario Hockey Association Junior "C" Semi-final Series' Game 7 on Saturday, March 31, 2012. • The Creative Minded People of Durham Region's Creative Social on Thursday, March 29, 2012 at the Gift of Art in Newcastle. The next Creative Social will be held in Uxbridge. • The Clarington East Men's Breakfast, with Bill Lishman as speaker on Saturday, March 31, 2012 in Newcastle. MINUTES Resolution #GPA-223-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 19, 2012, be approved. CARRIED PUBLIC MEETING There were no public meetings held. DELEGATIONS Libby Racansky was present regarding comments on the additional information from W. Manson and Hancock Neighbourhood Projects regarding Ms. Racansky's well. She made a verbal and PowerPoint presentation to the Committee. Ms. Racansky spoke about wetlands, services, Hancock Neighbourhood Park and her well. She highlighted the conditions for the subdivision as outlined in Reports PD-106-98, PD-107-98, PD-126-96, and PD-29-95 relating to water, water mains, parking, road improvements and financial holdbacks. Ms. Racansky stated that she is concerned about recent installations of water mains through the area and their effect on wildlife. She suggested that a proposed trail would help to mitigate the effects of the building of the Manson subdivision. Ms. Racansky suggested that Mr. Manson should be held responsible for transplanting the rare plants. - 3 - General Purpose and Administration Committee Minutes April 2, 2012 Resolution #GPA-224-12 Moved by Councillor Novak, seconded by Councillor Partner THAT the delegation of Ms. Racansky be received with thanks. MOTION LOST (See following motion) Resolution #GPA-225-12 Moved by Councillor Neal, seconded by Councillor Traill THAT foregoing Resolution #GPA-224-12 be tabled until the General Purpose and Administration Committee meeting of April 23, 2012. MOTION LOST The foregoing Resolution #GPA-224-12 was then put to a vote and the motion lost. Resolution #GPA-226-12 Moved by Councillor Novak, seconded by Councillor Neal THAT the delegation of Ms. Racansky be referred to staff for a report on the history of the situation with Ms. Racansky's well issues on Hancock Road including details pertaining to the other area residents of Hancock Road. CARRIED AS AMENDED LATER IN THE MEETING (See following motions) Resolution #GPA-227-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the foregoing Resolution #GPA-226-12 be amended by adding the following at the end: "THAT a member of Engineering Staff attend Ms. Racansky's house, with Ms. Racansky's permission, to run the tap for 10 minutes and to observe what happens with the water source; and THAT Mr. Manson be invited to attend Ms. Racansky's house at the same time, with Ms. Racansky's permission." CARRIED LATER IN THE MEETING (See following motion) - 4 - General Purpose and Administration Committee Minutes April 2, 2012 Resolution #GPA-228-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the question be now put. CARRIED The foregoing Resolution #GPA-227-12 was then put to a vote and carried. The foregoing Resolution #GPA-226-12 was then put to a vote and carried as amended. Caroline Willoughby was present regarding her pot belly pig. She informed the Committee that she is a new resident to Newcastle who owns a pot belly pig. Ms. Willoughby provided the Committee with background information (hardcopy and verbal presentation) on the nature of miniature pot belly pigs. Ms. Willoughby stated that they have obtained over 70 signatures supporting her keeping a pot belly pig. She explained by her pot belly pig needs to stay with their family. Ms. Willoughby asked that Council amend the exotic animal by-law to allow miniature pot belly pigs to reside within the residential areas of our community. Mayor Foster entered the meeting at 10:21 a.m. Resolution #GPA-229-12 Moved by Councillor Partner, seconded by Councillor Traill WHEREAS pot bellied pigs are sold and raised as family pets not unlike the common domestic pets such as cats and dogs; WHEREAS pot bellied pigs have been categorized as pigs which are livestock animals; WHEREAS the owners of Toby, the pot bellied pig, have been served with an order to remove their pot bellied pig from their neighbourhood home in a residential subdivision; NOW THEREFORE BE IT RESOLVED THAT Caroline Willoughby, the owner of Toby, the pot bellied pig, be exempted from the requirements of the current exotic pet by-law until the by-law is reviewed by Council. CARRIED Michelle Speelman Viney was present regarding Report EGD-013-12, Whistle Cessation — Feasibility. She made a verbal and PowerPoint presentation to the Committee. Ms. Speelman Viney asked that Council take the necessary steps to cease the train whistle at Mile Marker 170.07. She explained the area of the crossing using photos and diagrams from her presentation. Ms. Speelman Viney stated that the City of - 5 - General Purpose and Administration Committee Minutes April 2, 2012 Oshawa has a ban on train whistles within the city's limits. She noted that 850 households are impacted by the whistle at Mile Marker 170.07. Ms. Speelman Viney stated that the whistles are constant and negatively impact her family's daily lives. She noted that the whistle patterns vary in duration, frequency and quantity. Ms. Speelman Viney stated that the Railway Safety Act, Canadian Pacific policies and Report EGD- 013-12 do not specify how the train whistle is to be sounded. She suggested that Council consider a night time ban, but pointed out that many residents work night shifts, and therefore she requested a full ban on the train whistles. Ms. Speelman Viney requests that Council give special consideration to level crossings which have unique characteristics. She noted that the proposed GO train station will increase the current problem. Ms. Speelman Viney submitted a petition containing 100 names requesting that "Council pass a motion to cease train whistling at Mile Marker 170.07 in the Municipality of Clarington to permit us peaceful enjoyment of our property". RECESS Resolution #GPA-230-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:17 a.m. with Mayor Foster in the Chair. Anne Black was present regarding Report EGD-013-12, Whistle Cessation — Feasibility. She made a verbal and PowerPoint presentation to the Committee. Ms. Black stated that she is representing 1,000 Clarington community members. She provided the Committee with a history of the Town of Cobourg's whistle cessation by-law. Ms. Black provided her views on the unintended consequences of development growth, sleep deprivation, and the concerns she has with the two recent Engineering Services Reports regarding whistle cessation. She stated that she is concerned about the comments by others on Facebook and other social media by persons against whistle cessation. Ms. Black stated that she was unable to locate the requirement for a detailed safety assessment of each crossing in Transport Canada's guidelines for whistle cessation. She suggested that the issue of trespassing and vandalism are separate issues from whistle cessation. Ms. Black provided Council with information on sleep deprivation and a list of 12 questions for Council within her PowerPoint presentation. - 6 - General Purpose and Administration Committee Minutes April 2, 2012 Beth Meszaros and Donna Middleton, Clarington Citizens for Clean Water and Soil, were present regarding "Thanks and Future Considerations RE: Commercial Fill Sites". Ms. Meszaros stated that they were present to discuss the changes to the site alteration by-law. Ms. Meszaros requested that public meetings for large fill operations become standard practice. She stated that she is anxious to see the final grade for the Morgan's Road site as the current fill level is currently above the level of the final grade permit. Ms. Meszaros informed the Committee that the closest monitoring well to the Morgan's Road site is quite a distance and only measures levels, not quality. She requested that Council request that the Province place a full monitoring well near the Morgan's Road fill site. Donna Middleton thanked Members of Council and Staff for passing the recent amendment to the Site Alteration By-law. Ms. Middleton urged Council to consider hiring additional municipal law enforcement officers to work outside of the regular business hours to enforce the site alteration by-law. She stated that the issue of dust still needs to be controlled and addressed, within the vicinity of fill sites. Ms. Middleton asked that Council require monitoring and enforcement of dust levels near fill sites, and that there be a local hotline for residents rather than requiring them to deal directly with the fill operators. Resolution #GPA-231-12 Moved by Councillor Novak, seconded by Councillor Partner THAT Council write a letter to the Hon. Jim Bradley, Minister of Environment, asking that a monitoring well be placed on the property adjacent to the Morgan's Road commercial fill site, which at this time belongs to the Ministry of Transportation. CARRIED Michelle Sugg was present regarding Report EGD-013-12, Whistle Cessation — Feasibility. She stated that she is a resident near the Scugog and Wellington crossing. Ms. Sugg stated that she supports the request for whistle cessation. She informed the Committee that property values in the vicinity of a crossing are affected by as much as twenty percent. Ms. Sugg explained how the train whistles have affected her family. She suggested that the trespassing issue should not affect a decision on whistle cessation. Ms. Sugg stated that railway safety education should be provided to students and the public. She informed the Committee that she is aware of several families who are planning to move from Bowmanville due to the train whistle noise. - 7 - General Purpose and Administration Committee Minutes April 2, 2012 RECESS Resolution #GPA-232-12 Moved by Councillor Partner, seconded by Councillor Neal THAT the Committee recess for one hour. CARRIED The meeting reconvened at 1:29 p.m. Leslie Dunn, Representative of the Wilmot Creek Community, was present regarding Report EGD-013-12, Whistle Cessation — Feasibility. Mr. Dunn stated that he represents the citizens within Wilmot Creek who signed a petition for whistle cessation. He informed the Committee that most of the residents within Wilmot Creek are on a fixed income and moving to escape the train whistles is not an easy option for them. Mr. Dunn added that high pitched sounds are interrupting sleep and can lead to health problems. He stated that a train whistle was sounded in the recent Oshawa tragedy but did not prevent the tragedy. Mr. Dunn informed the Committee that there are other warnings which are used at crossings. He concluded by asking the Committee to stop the train whistle at the Bennett Road and Cobbledick Road crossings. Bill Humber was present regarding Report CSD-006-12, Clarington Older Adult Association — Parking Concerns/Strategic Plan. Although he had submitted a PowerPoint presentation, Mr. Humber only made a verbal presentation. He stated that he represents a coalition of seniors, youth, new residents, persons interested in heritage issues, neighbourhood advocates, business people, tennis players, taxpayers, parents of school children, and area residents who are not opposed to overflow parking on neighbouring streets. Mr. Humber stated that some parking spaces are lost due to snow collection areas, more parking is required to meet the needs of mobility challenged individuals, and he is concerned about the future enhancements to the Clarington Beech Centre. He stated that all of the community events throughout Clarington are dependent on having on-street parking and the Clarington Beech Centre is no different. Mr. Humber stated that the coalition supports Option #1 outlined in Report CSD-006-12 in part because it does not encroach on green space for parking uses, it is pragmatic and fiscally responsible. PRESENTATIONS There were no presentations. Councillor Novak chaired this portion of the meeting. - 8 - General Purpose and Administration Committee Minutes April 2, 2012 PLANNING SERVICES DEPARTMENT USE OF POPPY SYMBOL ON STREET SIGNS AMENDMENTS TO THE POLICY FOR WAR DEAD AND WAR VETERAN NAMES FOR STREETS Resolution #GPA-233-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report PSD-019-12 be received; THAT the Policy for War Dead and War Veteran Names for Streets be amended as contained in Attachment 1 to Report PSD-019-12; and THAT all interested parties identified on Report PSD-019-12 be advised of Council's decision. CARRIED MUNICIPAL POSITION ON PROVINCIAL AMENDMENT NO. 1 TO THE CENTRAL PICKERING DEVELOPMENT PLAN (PROVINCIAL PLAN FOR SEATON) Resolution #GPA-234-12 Moved by Mayor Foster, seconded by Councillor Woo THAT Report PSD-020-12 be received; THAT the Minister of Municipal Affairs be advised that the Municipality of Clarington does not support proposed Amendment 1 to the Central Pickering Development Plan; THAT the Minister of Municipal Affairs be advised that the Municipality of Clarington has similar concerns to those outlined in the Region of Durham Report 2012-J-10; and THAT the Minister of Municipal Affairs and Housing, the Minister of Transportation, the Regional Municipality of Durham and the Durham area municipalities be advised of Council's decision and forwarded a copy of Report PSD-020-12. CARRIED ENGINEERING SERVICES DEPARTMENT There were no reports to be considered under this section of the Agenda. - 9 - General Purpose and Administration Committee Minutes April 2, 2012 Councillor Woo chaired this portion of the meeting. OPERATIONS DEPARTMENT PITCH IN WEEK 2012 Resolution #GPA-235-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report OPD-002-12 be received; THAT Council approve installation of a banner on the Veridian poles on the Vanstone Bridge advertising Rotary Super Spring Clean-up for a period of 14 days; and THAT Council declare April 23rd to 30th "Pitch-In Week" in Clarington. CARRIED SKATEBOARDING AND BIKING ON MUNICIPALLY OWNED TENNIS COURTS Resolution #GPA-236-12 Moved by Councillor Neal, seconded by Councillor Partner THAT Staff prepare a report regarding a possible ban on skateboarding and biking on municipally owned tennis courts. CARRIED Councillor Hooper chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY ACTIVITY REPORT — FEBRUARY 2012 Resolution #GPA-237-12 Moved by Mayor Foster, seconded by Councillor Novak THAT Report ESD-005-12 be received for information. CARRIED Councillor Neal chaired this portion of the meeting. - 10 - General Purpose and Administration Committee Minutes April 2, 2012 COMMUNITY SERVICES DEPARTMENT CLARINGTON OLDER ADULT ASSOCIATION - PARKING CONCERNS / STRATEGIC PLAN Resolution #GPA-238-12 Moved by Councillor Hooper, seconded by Councillor Partner THAT Report CSD-006-12 be received; THAT By-law#2011-106 (Attachment 5 to Report CSD-006-12) be amended by adding the following to section 1: THAT the activities taking place at the Clarington Beech Centre be limited to programs and social activities of the Clarington Older Adult Centre Board and regular meetings of the Lions Club of Bowmanville; and • Oddfellows/Rebekkahs & Encampment • Lions Club of Bowmanville • Tops • CUPE Local 225 • All other rentals of significance to be determined by the Clarington Older Adult Centre; THAT there will be no increase to Beech Centre on-site parking, with a continued use of on-street parking; THAT a five (5) year lease (under Report COD-036-11) with an option to renew to the Bowmanville Tennis Club be approved; THAT $1,000 for signage and line painting be funded from the Municipal Capital Works Reserve Fund; and THAT all interested parties listed in Report CSD-006-12 be advised of Council's decision. CARRIED - 11 - General Purpose and Administration Committee Minutes April 2, 2012 RECESS Resolution #GPA-239-12 Moved by Mayor Foster, seconded by Councillor Novak THAT the Committee recess for 10 minutes. CARRIED The meeting reconvened at 3:22 p.m. Councillor Partner chaired this portion of the meeting. CLERK'S DEPARTMENT APPOINTMENTS TO TYRONE COMMUNITY HALL BOARD Resolution #GPA-240-12 Moved by Councillor Traill, seconded by Councillor Woo THAT Report CLD-013-12 be received; THAT By-law 2008-039 be amended to reflect a composition of the Tyrone Community Hall Board of one member of Council representing Ward 3 with nine citizen members; THAT the appointment of the following individuals to the Tyrone Community Hall Board for a term concurrent with the term of Council be confirmed: Mark Canning Alvina Hare Laurie Lafrance Peter Luckhardt Cathy Murphy-McConnaghy Carson McConnaghy Larry Quinney Joanne Skinner Councillor Traill and THAT Mark Canning be advised of Council's decision. MOTION LOST - 12 - General Purpose and Administration Committee Minutes April 2, 2012 Resolution #GPA-241-12 Moved by Mayor Foster, seconded by Councillor Traill THAT Report CLD-013-12 be received; THAT the appointment of the following individuals to the Tyrone Community Hall Board for a term concurrent with the term of Council be confirmed: Mark Canning Alvina Hare Laurie Lafrance Peter Luckhardt Cathy Murphy-McConnaghy Carson McConnaghy Larry Quinney Joanne Skinner Councillor Partner Councillor Traill and THAT Mark Canning be advised of Council's decision. MOTION WITHDRAWN Resolution #GPA-242-12 Moved by Mayor Foster, seconded by Councillor Novak THAT Report CLD-013-12 be received; THAT By-law 2008-039 be amended to reflect a composition of the Tyrone Community Hall Board of one member of Council with nine citizen members; and - 13 - General Purpose and Administration Committee Minutes April 2, 2012 THAT the appointment of the following individuals to the Tyrone Community Hall Board for a term concurrent with the term of Council be confirmed: Mark Canning Alvina Hare Laurie Lafrance Peter Luckhardt Cathy Murphy-McConnaghy Carson McConnaghy Larry Quinney Joanne Skinner Councillor Traill; and THAT Mark Canning be advised of Council's decision. CARRIED 2012 VOLUNTEER RECOGNITION CELEBRATION Resolution #GPA-243-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report CLD-014-12 be received for information. CARRIED Mayor Foster chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT SUPPLY & DELIVERY OF ONE (1) CHEVROLET IMPALA WITH POLICE PACKAGE ELECTRICAL WIRING Resolution #GPA-244-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT Report COD-001-12 be received for information. CARRIED - 14 - General Purpose and Administration Committee Minutes April 2, 2012 JOHN HOWARD SOCIETY— LEASE EXTENSION, COMMUNITY LIVING OSHAWA/ CLARINGTON — LEASE EXTENSION — 132 CHURCH STREET, BOWMANVILLE Resolution #GPA-245-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-008-12 be received; THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,441.73 per year for the term of January 1, 2012 to December 31, 2012 be approved; THAT the Lease Extension from the Community Living Oshawa/Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,441.73 per year for the term of January 1, 2012 to December 31, 2012 be approved; THAT Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society and Community Living Oshawa / Clarington; THAT staff be authorized to continue discussions with the Community Living Oshawa/Clarington with a view to expanding their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations, as funds permit; and THAT staff report on the results of the discussions with the Community Living Oshawa / Clarington and John Howard Society and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. CARRIED BOWMANVILLE TENNIS CLUB — COURT LEASE Resolution #GPA-246-12 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report COD-036-11 be lifted from the table; THAT Report COD-036-11 be received; - 15 - General Purpose and Administration Committee Minutes April 2, 2012 THAT the Manager of Purchasing be authorized to negotiate a new five (5) year lease, as approved in Resolution #GPA-238-12, with an option to renew, with the Bowmanville Tennis Club, for the lease of tennis courts located at the Clarington Older Adults Centre, 26 Beech Avenue, Bowmanville; and THAT the Mayor and Clerk be authorized to execute the lease agreement in a form satisfactory to the Municipal Solicitor. CARRIED FINANCE DEPARTMENT BUILDING PERMIT FEES ANNUAL REPORT FOR 2011 Resolution #GPA-247-12 Moved by Councillor Partner, seconded by Councillor Woo THAT Report FND-007-12 be received for information. CARRIED 1524103 ONTARIO LTD. AND ALBERT GELMAN INC. SETTLEMENT AGREEMENT Resolution #GPA-248-12 Moved by Councillor Neal, seconded by Councillor Partner THAT the recommendations contained in the Confidential Report FND-008-12 be approved. CARRIED ST. MARY'S CEMENT INC. RESOLUTION OF ASSESSMENT APPEALS Resolution #GPA-249-12 Moved by Councillor Neal, seconded by Councillor Woo THAT Report FND-009-12 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. - 16 - General Purpose and Administration Committee Minutes April 2, 2012 CHIEF ADMINISTRATIVE OFFICER There were no reports to be considered under this section of the Agenda. UNFINISHED BUSINESS WHISTLE CESSATION — FEASIBILITY Resolution #GPA-250-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Report EGD-013-12 be lifted from the table. CARRIED Resolution #GPA-251-12 Moved by Councillor Traill, seconded by Councillor Neal THAT Report EGD-013-12 be referred back to Staff to report back at the General Purpose and Administration Committee meeting of May 7, 2012 on the following: a) questions raised in Anne Black's delegation as part of her PowerPoint presentation: • #1 — Clarington should write to the Municipalities and ask `did they need to upgrade fencing and if so, how much did Cobourg, Belleville and Oshawa spend on fencing upgrades when they implemented cessation?' • #6 — Cobourg does not have fencing (only to protect the maze). Bloor and Grandview crossing in Oshawa does not have fencing (and there is a park beside the tracks). • #7 —What does vandalism have to do with whistle cessation at safe crossings? • #8 —What does trespassing have to do with whistle cessation at safe crossings. • #9 — Has a decibel reading been done at Mearns, Cobbledick or Bennett? I would request a sound measurement — considering the town has already paid for the noise measuring equipment. • #11 — Specify and projected maintenance costs of exactly what extra maintenance would be required. Transport Canada clearly lays out the responsibility of maintenance is that of the railway companies and the municipalities. - 17 - General Purpose and Administration Committee Minutes April 2, 2012 • #12 —Although I have studied Transport Canada's guidelines for whistle cessation, I cannot find the requirement that a detailed safety assessment must be made of each crossing. I could only find the crossing requirement based on train speed. Can you please identify this section to me? b) on working with the Durham Regional Police Service, CN Rail, CP Rail, and local school boards for an educational component regarding railroad safety; and c) a cost analysis, including necessary upgrades on the six railroad crossings raised at today's General Purpose and Administration Committee meeting, being: Scugog/Wellington Mile Marker 170.07 Mearns and Concession Lambs Road Bennett Road Cobbledick Road MOTION LOST LATER IN THE MEETING (See following motions) Resolution #GPA-252-12 Moved by Councillor Novak, seconded by Councillor Partner THAT the foregoing Resolution #GPA-251-12 be amended by adding the following paragraph "THAT the sound testing requested in Question #9 of Ms. Black's delegation be performed by Municipal Staff at the point of crossing at all railway crossings in the Municipality of Clarington". MOTION LOST LATER IN THE MEETING (See following motions) Resolution #GPA-253-12 Moved by Councillor Neal, seconded by Councillor Traill THAT the question be now put. CARRIED The foregoing Resolution #GPA-252-12 was then put to a vote and the motion lost. - 18 - General Purpose and Administration Committee Minutes April 2, 2012 Resolution #GPA-254-12 Moved by Councillor Neal, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-251-12 be amended by deleting Question #9 of Ms. Black's delegation, regarding sound testing. CARRIED The foregoing Resolution #GPA-251-12 was then put to a vote and lost. Resolution #GPA-255-12 Moved by Councillor Neal, seconded by Councillor Novak THAT Report EGD-013-12 be received; THAT Staff investigate and report back on installing gates at Prestonvale Road and Baseline Road immediately to the east of Rundle Road; and THAT Staff investigate safety upgrades at all other railway crossings in Clarington. CARRIED AS AMENDED (See following motion) Resolution #GPA-256-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution #GPA-255 -12 be amended by adding the following paragraphs at the end: "THAT in the interest of public safety, and liability concerns, the Municipality not proceed with an anti-whistling by-law; and THAT a copy of Report EGD-013-12 and Council's decision be forwarded to the interested parties listed in Report EGD-013-12 and delegations." CARRIED The foregoing Resolution #GPA-255-12 was then put to a vote and carried as amended. OTHER BUSINESS There were no items to be considered under this section of the Agenda. - 19 - General Purpose and Administration Committee Minutes April 2, 2012 COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS EXPROPRIATION OF WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK — PROPOSED SETTLEMENT OF PORT DARLINGTON HARBOUR COMPANY, ET AL CLAIM Resolution #GPA-257-12 Moved by Councillor Neal, seconded by Councillor Traill THAT Confidential Report PSD-017-12 be tabled until the Council meeting of April 9, 2012; and THAT a copy of the actual bills be provided to Members of Council. MOTION LOST CLOSED SESSION Resolution #GPA-258-12 Moved by Councillor Novak, seconded by Councillor Partner THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing Confidential Report PSD-017-127 regarding a proposed or pending acquisition or disposition of land by the municipality or local board which is also a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED RISE AND REPORT The meeting resumed in open session at 5:20 p.m. with Mayor Foster in the Chair. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. - 20 - General Purpose and Administration Committee Minutes April 2, 2012 EXPROPRIATION OF WEST BEACH LANDS FOR BOWMANVILLE WATERFRONT DISTRICT PARK— PROPOSED SETTLEMENT OF PORT DARLINGTON HARBOUR COMPANY, ET AL CLAIM - Continued Resolution #GPA-259-12 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-017-12 be lifted from the table. CARRIED Resolution #GPA-260-12 Moved by Councillor Novak, seconded by Councillor Partner THAT the recommendations contained in the Confidential Report PSD-017-12 be approved. CARRIED ADJOURNMENT Resolution #GPA-261-12 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 5:22 p.m. CARRIED 4 MAY R PUTX L ° RK - 21 -