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HomeMy WebLinkAbout09/27/1999 '- Council Minutes PRAYER ROLL CALL Present Were: Also Present: '- MUNICIPALITY OF CLARINGTON September 27, 1999 Minutes of a regular meeting of Council held on Monday, September 27, 1999, at 7:00 p.m., in the Council Chambers Councillor Schell lead the meeting in prayer. Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe CouncillorJ. Schell Councillor C. Trim Councillor T. Young Chief Administrative Officer, F. Wu Director of Community Services, J. Carnana (attended until 9:20 p.m.) Fire Chief, M. Creighton (attended until 9:20 p.m.) Director of Planning and Development, D. Crome (attended until 9:20 p.m.) Solicitor, D. Hefferon (attended until 9:20 p.m.) Treasurer, M. Marano (attended until 9:20 p.m.) Director of Public Works, S. Vokes Municipal Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST '-' Councillor Novak indicated that she would be making a disclosure of pecuniary interest with respect to Correspondence Items D - 5 and D - 9 and Item 14 of Report # 1. Councillor Rowe indicated that she would be making a disclosure of pecuniary interest with respect to Item I g) of Report # I. Council Minutes "'" - 2- September 27, 1999 MINUTES OF PREVIOUS MEETING ~ DELEGA nONS ~ Resolution #C-570-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT the minutes of a regular meeting of Council held on September 13, 1999, be corrected on page II, Item I - 29 by deleting the reference to "#136278" and replacing it with "1362708"; and THAT the minutes, as corrected, be adopted. "CARRIED" Mayor Hamre indicated that she attended the renaming ceremony of Waverley Park to Optimist Park and advised that the Optimist Club had presented the Municipality with a cheque in the amount of $15,000 for the development and enhancement of the Municipality's parks. Mayor Hamre presented plaques and Clarington sweatshirts to Rob Snoek and Jim Shaw in recognition of their recent accomplishments at the Special Olympics and to Sommer West for her accomplishments at the Pan American Sununer Games. Mayor Hamre also recognized the efforts and accomplishments of Dustin Reid and Steve Brinkman at the volleyball events at the Pan American Summer Games. Wayne Conrad, 27 King Street, Hampton, LOB 1J0 requested an exemption to the Municipality's Fencing By-law to allow for him to construct a fence of stone face approximately 8 to 10 feet in height along the south side of his property immediately adjacent to Taunton Road. It has recently come to his attention that Taunton Road is being increased to four lanes in this area and he would like to have the ability to block out the noise from the increased traffic. Mr. Conrad advised that he has spoken to two of his neighbours who will have direct visibility and neither of them have a problem with the proposed fence. Should Council agree with the exemption, the fence will be brought in 6 metres from his property line. Council Minutes '- DELEGA nONS '- '-' - 3 - September 27, 1999 Jason Y oud, 4185 Concession Road 4, Orono, LOB 1MO apprised Council of an incident that took place on his property which resulted in a vicious dog declaration being served on him. As Mr. Y oud was walking up the hill from his sheep area, one of his dogs charged an individual who was on his property, nipping the individual's leg, tearing his trousers and causing minor bleeding. Mr. Y oud requested that the declaration be set aside as the dog has been tattooed and there had been no prior complaints or incidents with the animal. The dog was on his own property and a sign is visibly posted warning individuals that the dog is present. Mr. Y oud says that the dog was provoked by the sudden movement of the individual. He indicated that he will be replacing the cedar rail fence and gating his driveway so that the dog cannot leave the property. Wendy Holkema, 75 Roser Crescent, Bowmanville, LlC 3P1 addressed Council with respect to an incident which resulted in a declaration of vicious dog being served upon her. She indicated that at the time of the incident, friends were looking after her children. They had been advised that the dog was in the house and not to allow the children in the house with it. Mrs. Holkema submitted letters from 13 neighbours attesting to the fact that the dog is not a vicious dog. The dog is never loose and a gate is going to be put up in order to keep individuals out of the back yard. Mrs. Holkema stated that this incident was one of anger and not a normal occurrence. Brian McKenzie, 4555 Concession Road 4, Newtonville, LOA 1J0 addressed Council on behalf of the Committee of Clarke Constituents with respect to the proposed Newtonville dump. He relayed to Council some of the concerns that, the Committee has with respect to Clarington Waste Processing Centre's Landfill project terms ofreference document. This document was made available on July 22, 1999 at a public meeting conducted by Clarington Waste Processing Centre Limited. The meeting did not even meet the most minimal standards for a project of this magnitude. Therefore, the Committee of Clarke Constituents has written to the Ministry of the Environment asking them to not accept the minimum efforts put forth as a public meeting. He has been informed that the Ministry of the Environment has returned the document to the proponents asking for amendments. At this time the Committee is uninformed as to the details to the first submissions as they saw only a draft copy and are unaware ofthe amendments asked for by the MOE. Council Minutes '"" DELEGATIONS '-' \,.... -4- September 27,1999 Mr. McKenzie outlined the Committee's concerns with respect to the actual terms of reference document, namely the description and purpose of the undertaking, the alternatives, the description ofthe environment, the potential environmental effects, the consultation plan and the required approvals. He stressed that the Committee is totally opposed to an amendment to either the Regional Official Plan or the Municipal Official Plan and to the Municipality's Zoning By-law which would allow this use. Paul Barrett, 4456 Concession Road 4, Newtonville, LOA 1J0 addressed Council to represent the community opposed to the proposed Newtonville dump. He indicated that the community has a number of concerns namely: . pollution, smell ofthe garbage and fumes from trucks; . effect on farm land; . zoning rights; . increased truck traffic and tax dollars being used to repair roads; . well water; . local farmers being effected. Mr. Barrett stated that the Durham Region is the highest growth area in Southern Ontario and questioned how we can achieve the projected population numbers with a dump of this magnitude in the community. Debbie Dunham, Parents from Newtonville School, 49 Skops Avenue, Newtonville, LOA 1J0 addressed Council with respect to the proposed Newtonville dump. Mrs. Dunham cited safety concerns as the traffic route to the dump will be along Newtonville Road, thereby passing by Newtonville Public School. The intersection of Highway 2 and Newtonville Road is a busy one with a steep incline which often poses difficulty in visibility. Also the roads in this area are not designed for heavy traffic. She urged Council to consider all environment and safety issues when dealing with this matter. '-' '- '- Council Minutes DELEGATIONS COMMUNICATIONS I - I 1-3 - 5- September 27, 1999 Resolution #C-571-99 Moved by Councillor Mutton, seconded by Councillor Young THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:30 p.m. Resolution #C-572-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT the communications to be received for information be approved with the exception of Items I - 2, I - 5, I -7, I - 10 and I -14. "CARRIED" Minutes of a meeting of the Samuel Wilmot Nature Area Management Advisory Committee held on July 27, 1999. (Received for Information) Jim Murphy, Director, Government Relations, Greater Toronto Home Builders' Association, 20 Upjohn Road, North York, M3B 2V9 providing Council with a copy of the summer edition ofInfoBuild, the quarterly publication of the Greater Toronto Home Builders' Association (GTHBA). With some 1,000 member companies, the GTHBA is the voice of the residential construction industry in the Greater Toronto Area, and the largest local home builders' association in Canada. (Received for Information) Council Minutes - 6 - September 27,1999 \.- COMMUNICATIONS 1-4 C.D. MacInnes, Coordinator, Rabies Research, Ministry of Natural Resources advising that the Ministry of Natural Resources Rabies Research Unit will commence aerial baiting rural areas of southern Ontario on September 20, 1999 to immunize foxes against Arctic fox rabies. The baits are squares made of an icing-sugar vanilla flavored, waxy substance measuring 3 x 3 x 1.5 em. A label on the bait warns "Rabies Vaccine DO NOT EAT". (Received for Information) 1-6 The Visual Arts Centre ofClarington, P.O. Box 52, 143 Simpson Avenue, Bowmanville, LlC 3K8 advising that The Visual Arts Centre of Clarington has several opportunities for upcoming projects, with imminent deadlines. On September 9 - Forms and Slides for the 19th Annual Juried Fine Arts. September 10 - Delivery of Proposals for the Art on Public Lands sculpture in Soper Creek Park project. October 1 - Proposals for exhibitions in the Mill Gallery. Include statement, cv. Slides, slide list, and SASE. Booking now for crafts vendors for Yuletide at the Mill November 19 - 21, and member artists for 100 Small Paintings which runs from November 13 - December 12. (Received for Information) ~ 1-8 Correspondence from Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml advising Council that Courtice North was the most extensively forested and sensitive area in CLOCA's jurisdiction. Now it is being ravished into oblivion. Councillors and the Planning Department know that this land should not be developed at all, but in spite of that, extensive development continues. They cite "development pressures" as the reason. Only a small but oldest and most magnificent piece of Court ice North is left now and it is located outside of urban boundary. These are woodlots with giant trees, provincially significant wetlands and clean streams zigzagging through this fairyland. These streams are important to their hydrological connection to Oshawa Second Marsh. Most unusual endangered, vulnerable, threatened and rare species of flora and fauna are trying to survive in their homeland. If Yosemite Park with its giant trees like sequoias, was not protected by President Abraham Lincoln, it would also have been developed into housing compound. It would be for the richness of our society, if these maple trees - our natural heritage, would be protected. This area should become our pride, our show-off for our visitors, our children and their children to show them how their homeland use to look like. Please don't take away our identity. (Received for Information) "" Council Minutes - 7 - September 27, 1999 "" COMMUNICATIONS 1-9 Minutes of the Animal Advisory Committee Meeting dated September 9, 1999. (Received for Information) I - II Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 8, 1999. (Received for Information) 1-12 R.H. Rakus, General Manager, Central Region, Enbridge Consumers Gas, 500 Elgin Mills Road East, Richmond Hill, L4C 5G I, informing Council of the ongoing developments and changes at Enbridge Consumers Gas. Earlier this year, a letter was sent explaining that Enbridge Consumers Gas would be moving certain business activities from the regulated utility into the competitive marketplace. This "unbundling" of certain utility services is part of an ongoing transformation of energy markets in Ontario and abroad. In their previous letter, they informed us that products and services, such as retail appliance sales, financing and servicing, would be moved into the competitive marketplace. They have now received the necessary regulatory approvals for unbundling these competitive services. After October I, 1999, Enbridge Consumers Gas will no longer offer retail services and programs such as HIP/HIP PLUS, the Retail Appliance stores, Home Improvement Market services and servicing of heating and other gas equipment. However, Mr. Rakus is pleased to inform the Municipality that these services will be offered by their competitive retail affiliate, Enbridge Home Services. He is also pleased to advise that we can continue to rely on Enbridge Consumers Gas for the safe, reliable and efficient delivery of natural gas to customers in the municipality and across Ontario and to continue to provide 24 hour emergency response to any natural gas related emergency. Enbridge Consumers Gas will continue to support its customers through the process of unbundling. They are implementing full transitional billing and contract provisions, so that their customers on existing contracts for home services and insurance programs will remain on these contracts with Enbridge Consumers Gas until they expire. They are also implementing information campaigns to ensure their customers know how to proceed when new contracts and services are required. \,.... (Received for Information) '"" Council Minutes - 8 - September 27, 1999 '- COMMUNICA nONS 1- 13 Suzanne Nobes, Co-ordinator, Community Relations and Volunteers, The OshawalClarington Association for Community Living, 39 Wellington Street East, Oshawa, LlH 3Yl, providing Council with a copy of the OshawalClarington Association for Community Living's 1998/99 Annual Report. They have had another exciting year. As they work toward being accredited in the year 2000, they continue to provide the best possible support to people with developmental disabilities, based on their goals and aspirations. (Received for Information) 1-2 Patrick Mahoney, Dion, Durrell and Associates Inc., 20 Queen Street West, Suite 306, Toronto, M5H 3R3 regarding an Oshawa newspaper printing an article on the Durham Insurance pool proposal last June 25, 1999. The article cited specific quotations and responses regarding the reduction in premium levels by the current insurance provider. The discussion suggests that these cost reductions were linked to the Region's investigation of the pooling option. The Frank Cowan Company has advised that it is concerned that this article misrepresents the situation (i.e. suggests that the premium reductions quoted by Cowan were solely as a result of the Region's investigation of the pooling option) and has requested that they clarify the matter to all municipalities within the Region of Durham. The insurance industry as a whole has, and continues to, experience very competitive market conditions. As is normally the case with "soft" insurance market conditions, substantial premium reductions become common. Further, insurers covering public entity programs in Ontario, including the insurers represented by Cowan, have not been immune to these competitive market conditions and, hence, are also undergoing a period of price reduction. '-' Resolution #C-573-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Correspondence Item 1- 2 be received for information. "CARRIED" \,.... \.".. '"" \.".. Council Minutes COMMUNICATIONS 1-5 Concerts in the Park M02.GE - 9 - September 27, 1999 Garth Gilpin for the Concerts in the Park Committee, P.O. Box 190, Bowmanville, LlC 3K9 thanking Council for making Concerts in the Park possible. The 1999 series saw the largest attendance to date with over 4,000 on hand over the 12 concerts - an average of approximately 300 per evening. From all reports, these weekly events in Rotary Park during the summer are very much enjoyed and appreciated by both young and old. Resolution #C-574-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Correspondence Item 1- 5 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-575-99 Moved by Councillor Trim, seconded by Councillor Young THAT the foregoing Resolution #C-574-99 be amended by adding the following thereto: "and a letter of congratulations be forwarded to Brian Purdy, Ron Hooper and Garth Gilpin, the individuals responsible for the Concerts in the Park." "CARRIED" The foregoing Resolution #C-574-99 was the put to a vote and "CARRIED AS AMENDED." Council Minutes '- COMMUNICATIONS 1-7 Airborne Survey E05.GE \... 1-10 Tower Line Right-of-Way ~ - 10- September 27, 1999 Donna Pawlowski, AlManager Public Affairs, Darlington Nuclear, P.O. Box 4000, Bowmanville, L I C 3Z8 advising that the Ontario Power Generation's Pickering Nuclear and Durham Nuclear sites will be enhancing their existing radiation monitoring with an airborne survey during September and October. A low-flying helicopter will conduct the survey in a zone roughly 10 kilometers around each plant. This includes the east end of Toronto, and the southern portions of Pickering, Ajax, Whitby, Oshawa and Clarington. The survey will be conducted during daylight hours, starting mid-September, for approximately three weeks. The helicopter will fly a IOO-metre grid pattern and will use state of the art technology to give a thorough overview of the region. This survey, which is designed to detect sources of natural and man-made gamma radiation, will confirm that no gamma radiation has been introduced into the surrounding areas by operations for the plants. It will complement the current radiological monitoring program done by the stations; and will provide consistency across all three sites - a recommendation of the Nuclear Enviromnental Advisory Group. Resolution #C-576-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Correspondence Item I - 7 be received for information. "CARRIED" George Strathearn, Forestry Technician, Central Forestry Services, Ontario Hydro Services Company, 45 Sarjeant Drive, Box 6700, Barrie, L4M 5N5 notifying that right-of-way maintenance is scheduled for the section of tower line which passes through the Municipality of Clarington. The work will be restricted to the tower line rights-of-way. All property owners will be contacted prior to commencement of this work program. To minimize the outages and reduce potential safety hazards to the public, Ontario Hydro Forestry Services must control vegetation in the proximity of the hydro lines. Council Minutes """ - II - September 27, 1999 COMMUNICATIONS 1-14 News from Queens Park M06.GE '-' '- Resolution #C-577-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Correspondence Item I - 10 be received for information. "CARRIED" Association of Municipalities of Ontario, regarding recent news from Queen's Park. A small flurry of announcements over the last several days will impact municipal government. 1. Consultations on property tax treatments of vacant business property and seasonal property. A meeting will be held with Toni Skarica, Parliamentary Assistant to Finance Minister Ernie Eves, municipal associations, business organizations, and taxpayers concerning how these particular properties should be treated for property tax purposes for 2000 and future years. Any party wishing to make a submission should express their interest in writing no later than Thursday, September 30,1999, by contacting Toni Skarica. AMO has confirmed its interest in making a submission and expects to meet with the Parliamentary Assistant and ministry staff in early October. 2. Hazardous Waste Regulatory Change. Environment Minister Tony Clement announced "a six-point action plan to strengthen Ontario's hazardous waste regulation and requirements for hazardous waste facilities." The Plan, among other matters, immediately requires that if hazardous waste is mixed with other substances, it will still be considered the same type of hazardous waste, amending older Certificates of Approval for waste disposal facilities to impose more stringent restrictions on waste stabilization and disposal and giving immediate legal force to the Generator Registration Manual which has been used to establish policy for designating waste materials since 1985. In addition, the Minister has ordered a thorough review of Ontario's regulations to improve environmental protection including the rules used by the U.S. Environmental Protection Agency so that there is increased transparency between the U.S. and Ontario rules. AMO generally welcomes the Minister's move and is seeking clarification on the Ministry's next steps and how AMO/municipalities can be involved in the regulatory review. Council Minutes - 12- September 27, 1999 '-' COMMUNICATIONS 3. Government announces its top legislative priorities. The Province issued a News Release identifying tax cuts, taxpayer protection and balance budget legislation and an anti-squeegee law as priorities for the fall session. The parliament resumes on Wednesday, October 20 and the Speech from the Throne will be delivered the following day. They expect that there will be other legislative activity, hopefully including amendments to the Land Ambulance Act to implement the government's announcement that the time frame for the transition period will be extended to January 1, 2001. AMO will keep its members informed of any news coming from the Throne Speech. Resolution #C-578-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Correspondence Item I - 14 be received for information. \.,.. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-579-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT the foregoing Resolution #C-578-99 be amended by adding the following thereto: "and that a copy ofthe correspondence be forwarded to the Bowmanville BIA, the Orono BIA, the Newcastle BIA, the Board of Trade and the Courtice Business Association." "CARRIED" The foregoing Resolution #C-578-99 was then put to a vote and "CARRIED AS AMENDED." ~ Council Minutes - 13 - September 27,1999 \...- COMMUNICA nONS Correspondence Item D - 15 was distributed to Council as a handout. Resolution #C-580-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT the Correspondence Items be approved as per the agenda with the exception of Items D - I, D - 5, D - 6, D - 9, D - 10, D - II, D -13, D - 14 andD -15. "CARRIED" D-2 Correspondence from Linda Gasser, 7421 Best Road, Box 399, Orono, LOB lMO requesting to be notified when the Municipality's comments become available regarding Communal ServiceslROPA 1999-005. Mrs. Gasser wishes to have the opportunity to address Council on this issue and would appreciate us notifying her when this item appears on the Council agenda so that she can sign up as a delegation. Mrs. Gasser also wished to be provided with a copy of Council's decisions/comments. (Correspondence referred to the Director of Planning and Development) '- D - 3 Donna Schinkel, Chairperson, Durham Region Breastfeeding Coalition, 1592 Alwin Circle, Pickering, LlV 2W2 advising Council that October 1 - October 7 has been designated as World Breastfeeding Week in Canada. World Breastfeeding Week celebrates the importance of breast feeding for all women, children, families and communities. This year's theme is "Breastfeeding: Education for Life." It recognizes the importance of encouraging diverse groups of people to learn more about the many benefits of breastfeeding and how breastfeeding itselffacilitates learning both through mother-infant interaction and the nutritional superiority of breast milk which is associated with higher LQ. The support we lent to women and children by proclaiming World Breastfeeding Week last year was greatly appreciated. Once again they are asking the Municipality of Clarington to pledge support for breastfeeding women and children by proclaiming October 1 - October 7, 1999 as World Breastfeeding Week in Clarington. , (Proclaimed) "'" Council Minutes - 14- September 27, 1999 '-' COMMUNICA nONS D-4 Judy Gibbens, President, Hampton Citizens' Association, c/o Box 260, Hampton, LOB 110 requesting that the sale of the property between 5357 and 5375 Old Scugog Road, known as the "Hall Parking Lot" be postponed. Selling this property prior to any arrangements for the operation of the hall would severely impact on any opportunity that there might be to generate revenues from the use of the hall as parking at the rear is limited for any sizable function. Fred Horvath and Ms. Gibbens have spoken about the potentials at the Hampton Hall, and Mr. Horvath indicated that he would contact the Museum Board to see what their storage space requirements are as occupiers of the upper floor. Repairs and improvements currently underway at the Hampton Hall are a welcome sight to residents in this area who are taking increasing interest in our neighbourhood identity and she thanks the municipality for its work. (Correspondence referred to the Property Manager) D-7 Tracey Vaughan-Evans, Co-ordinator, St. Paul's United Church, 178 Church Street, Bowmanville, LlC IT9 requesting that the Municipality of Clarington proclaim the week of September 26 - October 2 as Breakfast for Learning Week in Clarington. The goal of this week is to increase awareness of the importance of child nutrition as it relates to learning. Along with communities across Canada, they are trying to reach as many Canadians as possible to help them understand how vital child nutrition is to a child's ability to learn and become a productive member of society. Since 1992, Breakfast for Learning has helped thousands of Canadian children get a head start on each school day by providing a nutritious meal in a warm, caring environment. Breakfast for Learning is the only national, not-for-profit organization supporting child nutrition programs in Canada. It works with communities to develop and maintain nutrition programs for children who go to school hungry. The foundation's vision is to ensure all Canadian children go to school well nourished and ready to learn. These programs are accessible to every child. They are not owned or operated by Breakfast for Learning - the foundation simply helps to initiate the programs. The programs are actually created and sustained by a network of dedicated, creative and resourceful staff and volunteers in Bowmanville who spend hours shopping, cooking and serving meals to thousands of children each school day. She would like to invite Mayor and Council to attend the St. Paul's United Church Breakfast Program at Central School on Thursday, September 30th at 8:00 a.m. (Proclaimed) '- \.".. Council Minutes - 15 - September 27, 1999 """ COMMUNICA nONS D -8 Jill Goddard, Public Health Nurse, Regional Municipality of Durham requesting that the Municipality of Clarington proclaim October 6, 1999, as National Walk a Child to School Day. On September 23,1998, over 14,000 children from 60 Toronto area schools participated in the National Walk a Child to School Day. The success of this initiative was in part due to political support and recognition of the importance of this day for the City of Toronto. Through our support, they can make National Walk a Child to School Day as successful in Durham Region. National Walk a Child to School Day, endorsed by the Canadian Federation of Municipalities, was established to encourage children and parents to become more physically active, increase safe walking routes to schools and promote cleaner air in our communities. The importance of this day should not be underestimated. Two thirds of Canadian children do not participate in enough physical activity to lay a solid foundation for future health and well being. Traffic collision statistics for the Region show that young children need to be taught the importance of safe walking routes and practises. In 1998, approximately twenty people under the age of 20 were involved in non-fatal collisions with vehicles. Many of these collisions were due to unsafe pedestrian actions. National Walk a Child to School Day provides an opportunity to build a sense of community, increase participation in physical activity, reduce air pollution and promote safe walking routes in our community. (Proclaimed) '- D-12 David Hawkins, 3624 Concession Road 3, Newcastle, LlB lL9, regarding the proposed Newtonville Dump. The owners want to re-zone contrary to the Official Plan, create a transfer station, and get approved the use of 10 hectares. Can the Municipality confirm this? He hopes and expects that we will vigorously oppose any proposal to expand the operations of this landfill site, which the town of Newcastle asked to be decommissioned in 1993. The operations history ofthe site and the irresponsibility of the owners are appalling. What was intended to be a small rural dump in an abandoned gravel pit in 1954 has grown by questionable means into a substantial dumpsite holding a growing quantity of urban garbage, and now a proposal to use 10 hectares to handle 250 tonnes a day, serviced by about 60 trucks per day. From every point of view, technical or environmental, the proposal is ill advised, and he and his neighbours strongly object to it. The truck and vehicle traffic on Concession Road 3, one of the roads that would certainly be used, is already high, and the 80 km speed limit is routinely ignored, on a road lined with houses with children. '-' Council Minutes - 16- September 27, 1999 '-' COMMUNICATIONS This is quite apart from the prospect of leachate contamination of well water, property devaluation, and degradation of a fine rural environment, which the Official Plan is expressly designed to protect. Mr. Hawkins knows that we have opposed different proposals by the owners in the past that would have enlarged landfill operations. Nonetheless, he would appreciate our reply to this letter, confirming that we do not support any proposal to enlarge the operations of this dump site, or to sanction any means that may be tried by the owners in the future that would change the very limited terms of the original Certificate of Approval from the Ministry of Environment. (Advised of Council's decision and forwarded a copy of Report PD-1 04-99 and correspondence referred to the Director of Planning and Development) D-l Correspondence from Robert L. Trotman, 13 Centre Court, Newcastle, Ll B 1B9 suggesting that an eternal flame, positioned in the lower part of the Tower of the Rotary Park be considered. Mr. Trotman advises of the overwhelming response to the Concerts in Rotary Park this year. He believes the Clarington Concert Band, the Cobourg Concert Band and the Salvation Army Board, all of whom have visited the Park in 1999, have made mention of the possibility of two visits per year. This underscores their combined enthusiasm to visit Rotary Park. He is sure that we know that Rotary Park has been, and will continue to be a special place, successful in its endeavours and a nice fitting to any heritage plans in the future. '- Concerts in the Park M02.CE Resolution #C-58l-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D - I be referred to the Director of Public Works. "SEE FOLLOWING MOTION" '- '- '-'- '-'- Council Minutes - 17 - September 27, 1999 COMMUNICATIONS Resolution #C-582-99 Moved by Councillor Schell, seconded by Councillor Novak THAT the foregoing Resolution #C-58l-99 be amended by adding the following thereto: "and that a copy of the correspondence be referred to Ron Hooper, Brian Purdy and Garth Gilpin." "CARRIED" The foregoing Resolution #C-58l-99 as amended, was then put to a vote and the "MOTION WAS LOST." Resolution #C-583-99 Moved by Councillor Schell, seconded by Councillor Novak THAT Correspondence Item D - I be received for information; and THAT a copy of the correspondence be forwarded to Ron Hooper, Brian Purdy and Garth Gilpin. "CARRIED" Council Minutes '"' COMMUNICATIONS D - 5 Black-Farewell Wetland D12.l8T.95029 '- \",.- - 18- September 27, 1999 Norm Monaghan, Director, Ontario Federation of Anglers and Hunters, 15 Westmore Street, Courtice, LlE 2H8 questioning why certain land was not included in the study regarding the Black-Farewell Wetland Complex and Birchdale Village. All plans that Mr. Monaghan has heard about Birchdale Village subdivision l8T-95029 are Draft Plans only, not being approved by the Planning Department or Council. Why would the Municipality call in another environmental company when we have two of the most prestigious consultants on board now, Ministry of Natural Resources on the provincial level and Central Lake Ontario Conservation Authority at a local level? These two groups have an excellent working report and knowledge of the situation. He has heard that the developer does not want this land investigated anymore, even though there are strong question marks about this land. Ifthe developer does not cooperate in this, Mr. Monaghan suggests that all development on the lands in question and the lands adjacent to this development be put on hold until these lands are investigated. As it stands now, the boundary of the Provincially Significant Black-Farewell Wetland Complex has not been clearly established, because a large tract of land was not included in the evaluation, namely subdivision l8T-95029. Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 5; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that members of her family reside in the subject area. Resolution #C-584-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D - 5 be referred to the Director of Planning and Development. "CARRIED" Council Minutes - 19- September 27, 1999 ~ COMMUNICATIONS D-6 Correspondence from Verna B. Carman, 4926 Regional Road 18, Newtonville, LOA 1J0, regarding the "proposed" dump in Newtonville. Ms. Carman states that she lives in a rural hilly agricultural area just east of Oshawa. It is a very quiet beautiful part of Ontario. No one would ever guess that they live within 10 miles ofthe "infamous Port Granby dump" and less than 2 miles of a landfill site. Someone may ask occasionally why two of their hills are brown and not very nice looking considering they are mounds of covered garbage. Now they know that the government (local and provincial) are being asked to sanction the re-opening of this landfill site again. According to records they have been shown, this landfill site was never sanctioned in the first place, as a safe place to dispose of garbage. It was a sand and gravel pit to begin with, that had many problems over the years. This area has two creeks running through it directly to Lake Ontario. It was finally closed and re-vegetated in 1993. The noise, smell, traffic and pests that inhabit this kind of site are a few of the problems. The roads in this area are certainly not built to withstand this kind oftraffic. But discounting all of these problems, why should the taxpayers have to pay for yet another site assessment, to tell us it is not a suitable place for garbage. Our house values will drop drastically, but our assessments will stay the same. Why should we agree to destroy our environment. Ms. Carman thinks that the community has already paid dearly by having two of these sites in the neighbourhood. They have also been informed that the municipality is not in dire need of this site. She would like the municipality to tell her, why anyone is considering this ill advised plan yet again. They just seem to go around in circles again and again. Why is money more important to a few people who will profit, than the lives of the people, children and grandchildren of this community. Newtonville Dump E05.GE '- Resolution #C-585-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Ms. Carman be advised of Council's decision with respect to this matter and forwarded a copy of Report PD-! 04-99. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) \,.... Council Minutes \.".. COMMUNICATIONS D -9 '- Black Creek Developments DI4.DEV.95.020 \...- - 20- September 27,1999 Resolution #C-586-99 Moved by Councillor Trim, seconded by Councillor Young THAT the foregoing Resolution #C-585-99 be amended by adding the following thereto: "and that the correspondence be referred to the Director of Planning and Development." "CARRIED" The foregoing Resolution #C-585-99 was the put to a vote and "CARRIED AS AMENDED." Correspondence from Kerry Meydam, 3828 Trulls Road, Courtice, LlE 2L3, requesting that any draft approval for DEV 95-020, 18T-95029 Black Creek Developments Limited be denied or at the very least tabled. The Ministry of Natural Resources Wetlands mapping has not been completed due to false information given Ministry of Natural Resources staff regarding the stage of the application for this development. In a letter dated June 25, 1999, addressed to Director of Planning Mr. David Crome, Steve Varga, Inventory Biologist, Ministry of Natural Resources Aurora District, stated that "By letter, dated September 15, 1998, MNR forwarded information to the Municipality and others regarding the Provincially Significant Black-Farewell Wetland Complex. Wetlands to the south of the proposed extension of George Reynolds Drive, in the vicinity of plan of subdivision l8T -95029, were not examined because MNR was of the understanding, based on information from others, that development in this area had already been draft approved. As it turns out, this information was not correct."The reason given in the past for approving many development applications has not been because they are sound environmentally or good planning decisions, but because the "principal of development" has been established for the general area. Developers buy land on speculation, and there is no reason for the municipality to feel obligated to let them develop it if there are sound reasons why it should not be developed. Because Black-Farewell "sustains the largest wetland complex and the largest swamps on the Iroquois Plain in the GTA" it is important that this are be preserved. Council Minutes - 21 - September 27, 1999 \... COMMUNICATIONS Councillor Novak stated a pecuniary interest with respect to this matter; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she has relatives who reside in the subject area. Resolution #C-587-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D - 9 be referred to the Director of Planning and Development. "CARRIED" D-1O Correspondence from Ray and Dorothy Stapleton, 2800 Stapleton Road, Newcastle, LIB lL9, opposing the proposed Newtonville Dump. Once again it is time to start all over again. Writing letters, putting up NO DUMP signs and attending more DUMP meeting in opposition to the upcoming expansion of the Clarington Waste Processing Centre, proposed from the Newtonville area between Reid and Stapleton Road. Plus a Waste Transfer Station. This is highly productive agricultural land and should not be zoned for anything else. Proposals have been turned down several times already and it has been stated this is not suitable for landfill. This site was purchased by Laidlaw, then later returned to former owners who are now applying for an expansion. The Stapletons have put up with this site for years, an eyesore to them and their community. It is officially closed and has not received garbage for some six to eight years. They have had their properties devalued because of this mess. There are a lot of angry people around Newtonville, concerned for their properties and homes. New people that are not really aware of the set up and how long it has been here. The Stapletons own properties halfway around this site. They have already had enough of this noise, litter, dust and most of all the truck noise, all hours ofthe day and night at times! They have built their retirement home just south of the site believing that this site was definitely closed. Mr. and Mrs. Stapleton will do anything in their power to see that this is stopped. '- Newtonville Dump E05.GE \,.... Council Minutes - 22- September 27, 1999 '-' COMMUNICATIONS Resolution #C-588-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D - 10 be referred to the Property Manager. "MOTION LOST" Resolution #C-589-99 Moved by Councillor Schell, seconded by Councillor Novak THAT Correspondence Item D - 10 be referred to the Director of Planning and Development. "CARRIED" D-ll Sharon Steele, 4443 Hwy 2, Newtonville, LOA 110, regarding the proposed Newtonville Dump. 11 was with extreme concern that Ms. Steele learned there is again an application to allow another dump on the property consisting of Part Lot 11, Concession 2, and Part Lots 11 and 12, Concession 3, of the former Township of Clarke. The owners of Clarington Waste Processing Centre Ltd. presently applying for permission to run a "for profit" landfill, are the same persons whom, in 1954 started using a gravel pit as a dump on land zoned (and still zoned) agricultural. In 1983 these same owners were convicted and fined on 40 charges and the Attorney-General sought an injunction to close the site. All things considered, she has little faith in the owners' ability and intent to determine if their land is an environmentally sound area for a landfill, or to run a dump within the parameters and intentions of environmentally sound practices. Landfills must go somewhere, but surely their locations should be based on our safest enviromnental choices, not "for profit" and "make it fit" considerations. A landfill site on this property would not comply with the Municipal Plan and neither the official Plans of Clarington or Durham even recognize the existing dump-FOR GOOD REASON. Many local citizens including Mrs. Steele do not believe this land was, or is, suitable for a landfill. The people of this area are tried of fighting this battle again and again. It is unfair to ask them to repeatedly invest our considerable time, energy and money to expose the unsuitability of this site. '- Newtonville Dump E05.GE '-' Council Minutes \.,..- COMMUNICATIONS '-' D-13 Saturday Festivities Sponsored by the BIA DI8.BO \.,..- - 23- September 27, 1999 Their community has already put up with a landfill which many of them consider ill conceived and poorly run for 40 years. It was with great relief that local citizens finally got confirmation in 1993 from the Ministry of Environment that the site was "decommissioning". Mrs. Steele strongly feels that if this proposal to create a new dump south of the previous one is to be considered at all, it should be looked at a just that-a NEW site, not an expansion. Considering the geology and history of this site it is clear to her that a full environmental assessment would be necessary. She is confident that this property would be found unsuitable. Resolution #C-590-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D -11 be referred to the Property Manager. "MOTION LOST" Resolution #C-59l-99 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item D - 11 be referred to the Director of Planning and Development. "CARRIED" Correspondence from William and Charlotte Hastie, Inspired Ambiance informing Council of some concerns they have regarding Saturday festivities sponsored by the BIA. Events such as Applefest, Maplefest, etc. are wonderful for community involvement as well as attracting guests to our town, from far and wide. They applaud the BIA and Council for outstanding contributions to the overall spirit of Clarington and to enriching the small town atmosphere ofBowmanville. Their concerns are related to the decisions made as to which streets shall be closed for these events. The Hastie's business resides outside the boundary of the BIA. These special Saturdays are business as usual for them, yet King Street is closed at George Street, giving strangers to our town who are walking along Kim Street, the impression that no retail businesses exist beyond the barricades. Council Minutes - 24- September 27, 1999 '- COMMUNICATIONS The recent Fabulous Fifties Saturday had them blocked by barricades as well as obscured by a collection of vintage cars at Division Street and a chip truck parked across the width of King Street in front of Hanc' s Restaurant. If someone chose to walk closer to the barricades they had an opportunity to see that there are a few businesses that might be of interest to them beyond the barricades. This particular Saturday found them with less trade than a normal Saturday, due to these circumstances. They should not suffer financially during these special events because they are physically beyond a barricade erected for that day. At Inspired Ambiance, most of their advertising dollars are spent outside of Bowmanville to attract customers to this town. When new customers come to their shop from out of town, they encourage them to visit the other interesting shops downtown. They feel strongly about contributing positively to the growth and success of our entire community. The Hasties ask that Council act on behalf of all business outside the BIA during these special events, as they, most assuredly, contribute to the prosperity of the other retail and restaurant businesses downtown, and to the overall appeal of Bowmanville. \.,.. Resolution #C-592-99 Moved by Councillor Novak, seconded by Councillor Schell THAT Correspondence Item D - 13 be referred to a joint meeting of the Bowmanville BIA and appropriate staff. "CARRIED" D - 14 Brain Suter, City Clerk, City of Oshawa, advising that the City of Oshawa on September 7, 1999, passed the following resolution: Governance Reform CIO.MO "THAT Durham Regional Council be requested to refer back to the Regional Governance Committee the Regional Governance Committee's approach to-date in order to: (a) reconsider this within the context of the more collaborative and cooperative approach already successfully undertaken by the Region through its regional/local Planning System Review; and '- Council Minutes ~ COMMUNICATIONS '- D-15 Grant Request Courtice Parks Fll.CH ~ - 25- September 27,1999 (b) also the cooperative approach currently being employed by the Region together with local municipalities in the review of the downloading of Provincial Offences Act responsibility; AND FURTHER, THAT, given that the August 23, 1999, announcement by the Minister of Municipal Affairs and Housing confirmed the Provincial restructuring agenda for two-tier municipal structures, including a direction to reduce further the number of municipalities, the Regional Governance Committee expand its governance/service realignment options to include all realistic governance options for Durham; AND FURTHER, THAT the Regional Governance Committee be directed to defer any action not related to this resolution until it reports back to Regional Council on the foregoing." Resolution #C-593-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT Correspondence Item D - 14 be received for information. "CARRIED" Dale Spicer, President, Courtice Parks Baseball and Softball Association, 27 - 1300 King Street East, Oshawa, LlH 8J4 requesting funding from the Municipality for a batting cage with a chain link enclosure encompassing the whole cage area with electrical hook-up and fine gravel base similar in design as Whitby. An additional preference would also be a cinder block storage unit construction similar to that of a commercial storage facility attached to the cage area for the Courtice Park. The Association has allocated $25,000 for the above unit and would require additional funds to complete the project in order to make it fully operational with a storage unit, batting machine, netting and special balls. '- '-' '- Council Minutes COMMUNICATIONS REPORTS - 26- September 27, 1999 Resolution #C-594-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT Correspondence Item D - 15 be referred to the Director of Public Works and to the Treasurer. "CARRIED" Report #1 Resolution #C-595-99 G.P.A. Report Moved by Councillor Mutton, seconded by Councillor Trim September 20,1999 Item 1 g) of Report # I , Building Permit Activity Report PlO.BU THAT the actions taken by the General Purpose and Administration Committee on September 20, 1999, be approved with the exception of Items 1 g), 4,14 and 15. "CARRIED" Councillor Rowe stated a pecuniary interest with respect to Item I g) of Report # I; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe indicated that her spouse is a principle in one of the companies mentioned in the report. Resolution #C-596-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT Report WD-36-99 be received for information. "CARRIED" Council Minutes - 27- September 27,1999 '-' REPORTS Item #4 Resolution #C-597-99 of Report #1 Certificate of Moved by Councillor Mutton, seconded by Councillor Trim Approval, Newcastle Recycling Ltd. THAT Report PD-l 04-99 be received; THAT the Ministry ofthe Environment Approvals Branch be advised of the following: a) THAT the application submitted by Newcastle Recycling Limited to amend Provisional Certificate of Approval #3903127 to permit the operation of a Waste Disposal Site (Transfer) does not conform to the Clarington Official Plan or Comprehensive Zoning By-law 84-53 ; b) THAT the Municipality ofClarington objects to the processing of the application submitted by Newcastle Recycling Limited until such time as the issue of Official Plan and Zoning By-law conformity has been resolved; and \.,.. c) THAT the Municipality of Clarington reserves its decision regarding the need for a hearing under Section 32, Part V of the Environment Protection Act until such time as the issue of Official Plan and Zoning By-law conformity has been resolved; and THAT the Ministry of the Environment Approvals Branch, the Region of Durham, all interested parties listed in Report PD-l 04-99 and any delegation be provided with a copy of Report PD-I 04-99 and be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" \...- Council Minutes '-' REPORTS Item #14 of Report # I Delegation of Libby Racansky '- Item #15 of Report #1 Confidential Report, Personnel Matter '- - 28- September 27, 1999 Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Novak X Councillor Mutton X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X Councillor Novak stated a pecuniary interest with respect to Item #14 of Report # I; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that her relatives reside in the area subject to this item. Resolution #C-598-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the delegation of Libby Racansky be acknowledged and that the contents of her presentation be referred to the appropriate staff. "CARRIED" Resolution #C-599-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT Item #15 of Report #1 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" '-" ....... ' '-' Council Minutes REPORTS Report #2 Declaration of Vicious Dog Youd P14.AN Report #3 Declaration of Vicious Dog Holkema PI4.AN - 29- September 27, 1999 Resolution #C-600-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report CD-35-99 be received; THAT the vicious dog declaration served on Jason Y oud be upheld. "CARRIED" Resolution #C-601-99 Moved by Councillor Young, seconded by Councillor Trim THAT Report CD-36-99 be received; and THAT the vicious dog declaration served on Wendy Holkema be upheld. "SEE FOLLOWING MOTION" Resolution #C-602-99 Moved by Councillor Young, seconded by Councillor Schell THAT Report CD-36-99 be tabled to allow the letters submitted by Mrs. Holkema to be reviewed by Members of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-603-99 Moved by Councillor Novak, seconded by Councillor Rowe THAT the delegation of Wayne Conrad be acknowledged and referred to staff for review and report to be submitted to the General Purpose and Administration Committee at their meeting scheduled to be held on October 4, 1999. "CARRIED" '- ~ '- Council Minutes - 30- September 27, 1999 UNFINISHED BUSINESS Resolution #C-604-99 Moved by Councillor Young, seconded by Councillor Trim THAT the Municipality of Clarington supports the Regional Council's position on the creation of new landfill sites and is vigorously opposed to the creation of any new landfill sites or the expansion of existing landfill sites in Clarington. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Novak X Councillor Mutton X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X Resolution #C-605-99 Moved by Councillor Schell, seconded by Councillor Trim THAT a letter be forwarded to the Optimist Club to thank them for their generous donation toward the development and enhancement of the Municipality's parks. "CARRIED" ~ "" '- Council Minutes BY-LAWS - 31 - September 27, 1999 Resolution #C-606-99 Moved by Councillor Schell, seconded by Councillor Trim THAT leave be granted to introduce the following by-laws and that the said by-laws be now read a first and second time: 99-142A being a by-law to establish Reserve Funds for Development Charges - Imposed by By-law No. 125 and to Repeal By- law No. 99-126 99-143 being a by-law to amend by-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (708545 Ontario Limited) 99-144 being a by-law to authorize the release of an easement in favour of the Corporation of the Municipality ofClarington in Part of Lots 18 and 19, Registered Plan 40M-1886, Municipality of Clarington 99-145 being a by-law to establish an Occupational Health and Safety Policy and an Occupational Health and Safety Program as required by the Occupational Health and Safety Act and to repeal By-law #98-110 Resolution #C-607-99 Moved by Councillor Schell, seconded by Councillor Trim THAT the third and final reading of By-laws 99-142A to 99-145 inclusive be approved. "CARRIED" Council Minutes \,.. OTHER BUSINESS Regional Update '- Boards and Committees Update '- - 32- September 27, 1999 Councillor Novak advised that the Health and Social Services Department is initiating a new program called LEAP which allows young adults to continue their education. She advised that the Homeless Advisory Committee has recently hired a coordinator and the Nuclear Committee is very pleased with the outcome of the Trillium Testing which has recently taken place. Mayor Hamre provided an update on the ITER project and advised that at their annual meeting she was reappointed to the Board of Directors and Regional Chair Anderson was appointed as an observer. A funding commitment over the next three years has allowed Canada to stay with the project, which is very actively going ahead. Time lines have recently been established for the proposal. The Governance Committee have received a draft report dealing with Works Department numbers across the Region. Unfortunately, the consultants neglected to confirm their information with the municipalities and many errors have occurred. The reports are being sent to all local council in order to have their staff review and refer the reports back. Terms of Reference have been approved for the consultant to look at Fire Departments and the draft reports will be reviewed by all Fire Chiefs prior to being released. Alan Tonks has advised the Mayor that the Minister's message at AMO was confusing to many and the Minister has been asked to provide an explanation. Councillor Rowe advised that free internet training is now available at all four branches of the Clarington Public Library. Councillor Schell reminded Council of the Bowmanville BIA Applefest which will be taking place on October 16,1999. Councillor Trim advised that the Newcastle Chamber of Commerce Fallfest is to take place on October 2, 1999. Councillor Young reminded the Members of Council of the Clarke Museum Harvest Illuminary to be held on October 2,1999. He advised that the Tyrone Hall will be opening their Youth Centre in the very near future. '- '- \,.... Council Minutes OTHER BUSINESS - 33 - September 27, 1999 Resolution #C-608-99 Moved by Councillor Schell, seconded by Councillor Young THAT the meeting be "closed" for the purpose of discussing a personnel matter. "CARRIED" Resolution #C-609-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" CONFIRMING BY-LAW Councillors Novak and Rowe stated pecuniary interests earlier in the meeting and refrained from discussion and voting on the confirming by- law. Resolution #C-6l0-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT leave be granted to introduce By-law 99-146 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of September 1999, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-6ll-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the third and final reading of By-law 99-146 be approved. "CARRIED" \..- '-' ~. Council Minutes ADJOURNMENT - 34- September 27, 1999 Resolution #C-6l2-99 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 9:25 p.m. "CARRIED" I~~~d/.J MAYOR