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HomeMy WebLinkAbout09/29/1997 . . . MUNICIPALITY OF CLARINGTON Council Minutes September 29, 1997 Minutes of a regular meeting of Council held on Monday, September 29, 1997, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton Solicitor, D. Hefferon (Attended until 10:50 p.m.) Treasurer,M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Clerk, P. Barrie DECLARATIONS OF INTEREST Councillor Novak indicated that she would be making a declaration of interest with respect to Report TR-90-97 as well as an issue to be raised under Other Business. MINUTES OF PREVIOUS MEETINGS Resolution #C-632-97 Moved by Councillor Pingle, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on September 15, 1997, be approved. "CARRIED" . . . Council Minutes PRESENTATIONS PUBLIC MEETING - 2 - September 29, 1997 Resolution #C-633-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the order of the agenda be altered in order to make presentations to Sher Leetooze and Ron Hooper at this time and to allow for consideration of Report ADMIN-42-97 immediately following the public meeting pertaining to the closing of Waverley Road.. "CARRIED" Mayor Hamre presented Sher Leetooze with the 1997 Heritage Community Recognition Pin and Certificate of Achievement in recognition of the important work she has contributed to conserving local heritage in Ontario. Mayor Hamre presented Ron Hooper and Al Strike, Bowmanville B.I.A., with the Community Assist for an Urban Study Effort (CAUSE) Award. She indicated that this is a volunteer program through the Ontario Architects' Association and has been presented to the residents of Bowmanville in recognition of their partnership with the Municipality in beautifying the downtown core. Bill Stockwell, Chief Administrative Officer together with Steve Vokes, Director of Public Works and Frank Wu, Director of Planning and Development, made a presentation to Council with respect to the proposed Waverley Road closing (Report ADMIN-42-97). They explained the process which has been followed to date and the recommendations outlined in the report. A public meeting is being held to stop up, close and authorize the sale of portions of the road allowance of Waverley Road, generally located between a point approximately 40.54 metres southerly of the southerly limit of the Ontario Hydro transmission corridor and north of a point 150 metres north of the northerly limit of Watson Drive, more specifically described as Part 1 on draft Plan of Survey 1 and Part 2 on draft Plan of Survey 2. Valerie Dostie, RR #2, Box 11, 707 Waverley Road South, Bowmanville, L1C 3K3, a resident of this address for the past 16 years, stated her concern that through the whole process relating to this road closing, there has been no mention in any reports of the southerly end of Waverley Road. She is concerned with the effect that this proposal will have on the water supply and the decrease of the value of their home as they are not on waterfront property. She also questioned the effect that the noise, vibration and dust emanating from the additional quarrying will have on her children's health. With respect to the proposed roadway, she cited concerns over the danger of narrow roads, the additional length of time her children will need to ride the school bus and whether or not emergency vehicles will be able to access the area. She indicated that her quality of life will be eroded if this proposal is approved. . Council Minutes PUBLIC MEETING . . - 3 - September 29, 1997 Leah Houston, 137 Cedarcrest Beach Road, Bowmanville, L1C 3K3, indicated that although a compromise has been arrived at in this situation, the youth are still concerned with the erosion of the vital Ecosystem of the Westside Creek Marsh. She questioned why the municipality would stop at saving 60% of the marsh and indicated that future restoration of the area will be lengthy and extremely expensive. Larry Defosse, 125 Cove Road, Group 2, Box 66, Bowmanville, L1C 3K3, indicated that the fact that the road will be used by area residents as well as pit haulers from Blue Circle Canada Inc., will create a dangerous situation and insurance premiums will rise. He questioned why the road needs to be closed prior to the bridge connecting Cove Road and Cedarcrest Beach Road being constructed. Murray DeHaas, 83 Cedarcrest Beach Road, Bowmanville, L1C 3K3, requested an explanation of the future policy which will be put in place allowing for the stone crusher to be placed a minimum 150 metres from Lake Ontario and 700 metres from homes in the area. He stated that under the worst case scenario the municipality would need to expropriate property and he questioned how long this process may take. Mr. DeHaas also indicated his concern with wildlife in the area and questioned the various phases of the project. Lynda Dostie, RR #2, Box 11, 707 Waverley Road, Bowmanville, LlC 3K3, daughter of Valerie Dostie, advised Council that she likes walking and riding her bike on this roadway. She requested that Council leave nature alone and save the marsh. Lynda also indicated that she does not wish to ride on the school bus for any greater distance than she is presently doing. David Ashcroft, 63 Cedarcrest Beach Road, Group 5, Box 36, RR #2, Bowmanville, L1C 3K3, questioned whether Blue Circle Canada Inc., will be under any pressure to move their stone crusher in the near future. He also questioned the definition of a full load bridge and what capacity that bridge will hold. Mr. Ashcroft is hoping Council will take a "no turning back" approach and encourage the next council not to turn their back on this plan as he is willing to work hard in order to see the plan implemented and work well. Debbie Houston, 37 Cedarcrest Beach Road, Bowmanville, L1C 3K3, indicated that with this term of Council coming to an end, decisions made now may not be fair to the community. She is unsure whether Blue Circle Canada Inc. will honour the commitments previously made by St. Marys and indicated that all concerns previously raised have not yet been addressed. She is concerned that Council is not giving the marsh the full value it deserves. Mars Barrick, 147 Cove Road, Group 2, Box 66, Bowmanville, LlC 3K3, indicated environmental concerns with this proposal and concerns with huge construction vehicles travelling the roads. She stated that information she has requested has not been forthcoming. Georgina Preston, 69 Cedarcrest Beach Road, RR #2, Bowmanville, L1C 3K3, questioned why Waverley Road needs to be closed prior to the bridge connecting Cove Road and Cedarcrest Beach Road being built. . . . Council Minutes PUBLIC MEETING REPORT Report #6 Closure of Waverley Road T09.BL - 4 - September 29, 1997 Christine Reid, 49 West Beach Road, Group 2, Box 26, Bowmanville, LlC 3K3, questioned whether the policy document which was referred to during the staff presentation, will ensure that the marsh link area will become public ownership. Mavis Carlton, RR #2, Box 14, Box 2, Bowmanville, L1C 3K3, questioned what assurances the municipality will have that the Central Lake Ontario Conservation Authority will not sell the lands once they have been dedicated to them. She noted that the report indicates that the marsh will be held in escrow and questioned whether it will revert back to Blue Circle Canada Inc. She also questioned why the municipality is dealing with this application so quickly when there are still so many approvals outstanding. David Hill, 101 Cedarcrest Beach Road, Bowmanville, L1C 3K3, advised that his insurance company has concerns with the effect the blasting, which will now be closer to his home, will have on his home. He indicated that he is asthmatic and is concerned with the health aspects of this proposal. Also, as an environmentalist, he questioned the impact the proposal will have on the fauna and flora of the area. Bob Morrison, 97 Cedarcrest Beach Road, Group 5, Box 25, RR #2, Bowmanville, L1C 3K3, advised Council that he has attended nearly every meeting relating to this proposal and has found that the process has been fair and St. Marys has been a very good host. He indicated he does have some environmental concerns but he is happy with the compromise as the municipality could have been left with no marsh at all. Maureen Remington, Box 44201, 600 Grandview Street South, Oshawa, LlH 8R5, owner of property located at 141 Cedarcrest Beach Road, indicated that she is satisfied with the proposal, however, she questioned whether an arborist could be consulted to ensure proper care of the trees during construction. She thanked Council for appointing the Waterfront Trust in order to reach a resolve of this issue. Ted Remington, Box 44201, 600 Grandview Street South, Oshawa, LlH 8R5, owner of 141 Cedarcrest Beach Road, indicated his pleasure with the compromise which has been arrived at. He thanked Council for appointing the Waterfront Trust and indicated his hope to see a quick implementation of the plan. Resolution #C-634-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report ADMIN-42-97 be received; THAT the applications to stop up, close and convey a portion of the road allowance known as Waverley Road to Blue Circle Canada Inc. and the proposed dedication of a portion of the Blue Circle haul road and its extensions as a temporary public highway be referred back to staff for consideration of the delegations and preparation of a report for the General Purpose and Administration Committee on October 6, 1997; and . . . Council Minutes REPORT PUBLIC MEETING RECESS PRESENTATION - 5 - September 29, 1997 THAT the interested parties listed in Report ADMIN-42-97 and the delegations be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre A public meeting is being held for the extension of Brownsville Road between Lots 18 and 19, former Township of Clarke, approximately 200 metres (650 feet) southerly, to the north limit of the Ministry of Transportation property (Imperial Oil Site). The Director of Public Works advised that the required by-law is not included on the agenda for this evening's meeting as some documentation is still outstanding. No one addressed Council with respect to this matter. Resolution #C-635-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:55 p.m. Councillor Hannah introduced Barry Bryan who gave a presentation to Council on the Garnet B. Rickard Recreation Complex Expansion. Barry Bryan illustrated the expansion through use of artists' renderings and outlined the schedule for tendering of the project noting that construction will begin in November and the facility will be ready for the next hockey season. . . . Council Minutes DELEGATIONS - 6 - September 29, 1997 Bev Ferguson, 85 Queen Street, Bowmanville, L1C 1M5, advised Council that the Clarington Girls' Hockey League has existed for four years and although they are the only amateur league in the municipality who has to turn players away and they are experiencing a struggle in order to get ice time in the municipality. She stated that some teams have to share ice time and. Their tournament this year will have to be held in Bewdley because of the lack of ice time available. Mrs. Ferguson is hoping that more ice time will be made available to this league next year. Libby Racansky, 3200 Hancock Road, Courtice, LlE 2M1, addressed Council with respect to the issue of fill which was brought to Clarington specifically to a site on Solina Road by the City of Oshawa. She noted the following points: . According to a letter from the Ministry of Environment and Energy dated July 11, 1997, the Solina site should not have accepted fill that contained over 200 ppm of lead. . CLOCA was not aware of the fill and the owner did not have a permit to receive any fill. . The City of Oshawa's computation sheet advises that the fill averages only were, in three cases, higher than 300 ppm depositing 248.4 ton and nine times higher than 200 ppm in lead content depositing 2027.01 ton of fill. · The operator of the site had led Oshawa's consultant to believe that the property was zoned CommerciallIndustrial. Mrs. Racansky requested that Council advise the MOEE that they should take into account all of the above information. She stated that she agrees with Council's resolution of January 15, 1997, that the two other sites should also be tested and that Council should be advised of the results. Peter and Susan Portlock, 81 Oke Road, Courtice, LlE 2V2, addressed Council with respect to Report CD-27-97. They advised Council that a pigeon fancier has recently moved into their neighbourhood. Since the arrival of the pigeons they are no longer able to enjoy their backyard as the pigeons swoop around and the sound of the fancier scraping the coop, is very unappetizing. They stated that when the birds are let out they become disoriented and land on their homes, cars, yard, etc. Bird droppings have been found all over their windows, driveways and cars. They indicated that this would not be an issue if they lived in the country on large lots. They stated that private property rights must be defended. Mr. Portlock also advised that in speaking with real estate agents, he has been told that the presence of the pigeon coop will affect the resale value of his home. He feels that Report CD-27-97 should have been better researched. Mr. and Mrs. Portlock requested that Council review the by-law to allow pigeons only on large lots where they will not have a negative impact on surrounding neighbours. Jim and Sandra Wilson, 242 Glenabbey Drive, Courtice, LIE 2V2, were called but were not present. Jeff Hurst, 83 Oke Road, Courtice, LIE 2V2, was called but was not present. . . . Council Minutes DELEGATIONS - 7 - September 29, 1997 Rick Townend, 82 Oke Road, Courtice, LIE 2V2, addressed Council with respect to Report CD-27-97. Mr. Townend advised Council that he has never disliked birds, however, he has a concern with the decline in the neighbourhood aesthetics since the pigeons have been brought into the area. Mr. Townend indicated that the birds are landing on other property and attracting other birds as well. He stated that it appears that the bird droppings in the area are proportional to the time of the flights of the pigeons. He is bothered by the appearance of the pigeon coop and birds swooping under eaves when returning to their coop. Mr. Townend reiterated Mr. Portlock's concern of the depreciation in property value because of the presence of the pigeons. He noted that the Municipal Administrative Centre has bird guards attached to the outside and questioned whether there was an occupancy plan for pigeon owners to put these clips on their neighbours' homes. Kevin Williamson, 77 Oke Road, Courtice, LIE 2V2, was called but was not present. Mark Ainsbury, 67 Oke Road, Courtice, LIE 2V1, addressed Council with respect to Report CD-27-97. He indicated that these pigeons fly over the neighbourhood at a low altitude and his children, who are afraid of the birds, will no longer use the backyard when the pigeons are out flying. He noted health concerns related to the bird droppings which are found in his backyard and stated that pigeons should only be allowed in farm areas. Karl Winterstein, Canadian Racing Pigeon Union, RR #5, Claremont, L1 Y 1A2, addressed Council with respect to Report CD-27-97. Mr. Winterstein provided a history of homing pigeons, stating that pigeons are the thoroughbreds of the air. These birds have seen service in both world wars and the country has 141 decorated pigeons. This hobby receives world-wide recognition and Mr. Winterstein requested Council to allow for it to continue in the Municipality of Clarington. Edward Brown, Bowmanville Racing Pigeon Club, 30 Clarke Street, Newcastle, LIB 1C1, addressed Council with respect to Report CD-27-97. Mr. Brown distributed to Council information regarding the history of pigeons together with letters of support for his hobby from several of his neighbours. He advised that the pigeon clubs work with their members and will continue to do so in order to alleviate any problems which may arise. Sylvio Mattacchione, representative of the Canadian Racing Pigeon Union, 1251 Scugog Road, Line 8, Port Perry, L9L 1BZ, addressed Council with respect to Report CD-27-97. Mr. Mattacchione indicated that three million people in Canada feed birds in their backyards and perhaps the problems being encountered in the Courtice area stem from these birds rather than the pigeons which are living in the neighbourhood. Jim McInnes, 333 Kendalwood Street, Whitby, L1N 2G2, advised prior to the meeting that he would not be in attendance. . . . Council Minutes DELEGATIONS Report #2 Keeping of Pigeons P14.AN - 8 - September 29, 1997 Helen Hunt, 9 Living Court, Courtice, LIE 2V5, addressed Council with respect to Report CD-27-97. She indicated that four years' ago, she purchased her home beside a pigeon fancier and, although the lots are only 50' wide with a 4' chain link fence separating them, she has never experienced any problems with the pigeons next door. As a matter of fact, the pigeons create a major source of entertainment for her and her family. Two homes which have been newly built in the area sold quickly and for full price although there is a pigeon coop in the immediate area. Joe Martire, 2185 Hancock Road, Courtice, LIE 2M3, addressed Council with respect to Report CD-27-97. He indicated that he has been a pigeon fancier since 1972 and a real estate agent since 1983. He has completed many appraisals on properties and stated that the presence of a pigeon loft in an area will not affect resale value of property. Appraisals are based only on the general area and the condition of the home. Dr. H. Yassein, 4 Craig Court, Bowmanville, L1C 4H6, addressed Council with respect to Report CD-27-97. Dr. Yassein indicated that the pigeon fancier who has recently moved into Courtice spoke to his neighbours prior to moving the pigeon loft in and met no resistance. Shortly after the arrival of the loft, the petition started. Dr. Yassein indicated that the problems the residents are having need to be clearly defined. He requested that Council adopt the recommendations contained in Report CD-27-97 and allow the pigeon clubs to address each specific problem as it arises and not pass a blanket solution which will affect the entire municipality. Resolution #C-636-97 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the order of the agenda be altered to allow for consideration of Report CD-27-97 at this time. "CARRIED" Resolution #C-637-97 Moved by Councillor Pingle, seconded by Councillor Hannah THAT Report CD-27-97 be received; THAT the racing pigeon clubs in the municipality be requested to work closely with their members in order to alleviate any concerns which arise from their neighbours; and THAT Jeff Hurst, Peter Portlock, Jim Wilson, Rick Townend, Kevin Williamson, Mark Ainsbury, the Bowmanville Invitational Racing Pigeon Club, the Pine Ridge Racing Pigeon Club and the Oshawa General Racing Pigeon Club be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Minutes . - 9 - September 29, 1997 Resolution #C-638-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT the foregoing Resolution #C-637-97 be amended by adding the following to the second paragraph: "and report back to the municipality and to Council with any suggestions or advising of any actions taken." "CARRIED" The foregoing Resolution #C-637-97 was then put to a vote and CARRIED AS AMENDED. RECESS Resolution #C-639-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 11:10 p.m. . COMMUNICATIONS Resolution #C-640-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 5, I - 8, I - 9 and I - 10. "CARRIED" 1- 1 Correspondence received from Janet Ecker, Minister of Ministry of Community and Social Services - Provincial and Municipal Responsibilities - Social Assistance, Child Care, Social Housing, Public Health and Land Ambulances; I - 2 I - 3 I - 4 . I - 6 I - 7 Minutes of a meeting of the Newcastle Community Hall Board held on July 21, 1997; Correspondence received from Durham Access to Care - A New Organization for Durham Region Residents; Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 3, 1997; Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Municipal Elections 1997; Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Greater Toronto Services Board Report; . . . Council Minutes COMMUNICATIONS 1-5 Traffic Control CNR Underpass Mill Street T08.HR - 10 - September 29, 1997 I - 11 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - 1997 Final Levy By-law; I - 12 Municipal Alert received from the Association of Municipalities of Ontario entitled "Government Retreats on Bill 136; I - 13 Minutes of a meeting of the Clarke Museum & Archives held on September 2, 1997; 1- 14 News Release received from the Ministry of Municipal Affairs and Housing - Regulation Clarifies Municipal User Fees; and I - 15 Correspondence received from Sheila Keating-Nause, Policy and Resolutions, Federation of Canadian Municipalities - FCM National Board of Directors Meeting December 10 - 13, 1997 - Call For Resolutions. Resolution #C-641-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 11, 1997, from Frank Hoar, Secretary, Newcastle Ratepayers Association, expressing objection to the proposed changes to traffic control at the Mill Street (CNR) underpass, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-642-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-641-97 be amended by adding the following thereto: "and that the Newcastle Ratepayers Association be advised that this issue will be addressed at the General Purpose and Administration Committee meeting scheduled to be held on October 6, 1997. "CARRIED" The foregoing Resolution #C-641-97 was then put to a vote and CARRIED AS AMENDED. '.' " . '. Council Minutes COMMUNICATIONS I - 8 Proposed Casino Port of Newcastle P09.GE I - 9 Letter of Congratulations M04.GE - 11 - September 29, 1997 Resolution #C-643-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 15, 1997, from Robert and Anna Prentice, regarding the Port of Newcastle Marina and Proposed Casino, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-644-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-643-97 be amended by adding the following thereto: "and be referred to the Director of Planning and Development to be considered in conjunction with the subject matter." "CARRIED" The foregoing Resolution #C-643-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-645-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 15,1997, from John O'Toole, MPP, Durham East, regarding the grand opening ceremony at the Courtice Community Complex. be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-646-97 Moved by Councillor Scott, seconded by Councillor Elliott THAT the foregoing Resolution #C-645-97 be amended be adding the following thereto: "and that a copy of the correspondence be forwarded to the Library Board, the Library Staff and to the Community Services Department." "CARRIED" The foregoing Resolution #C-645-97 was then put to a vote and CARRIED AS AMENDED. . . . Council Minutes COMMUNICATIONS I - 10 Charitable Gaming Initiatives P09.GE - 12 - September 29, 1997 Resolution #C-647-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 19, 1997, from David H. Tsubouchi, Minister of Consumer and Commercial Relations and Marilyn Mushinski, Minister of Citizenship, Culture and Recreation, regarding the Ontario Government's Program relating to Charitable Gaming Initiatives, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-648-97 Moved by Councillor Scott, seconded by Councillor Hannah THAT the foregoing Resolution #C-647-97 be amended by adding the following thereto: "and referred to staff for consultation with the municipality's local charities and preparation of a report, including breakdown of revenues, to be submitted to the General Purpose and Administration Committee. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Elliott Councillor Dreslinski Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre The foregoing Resolution #C-647-97 was then put to a vote and CARRIED AS AMENDED. . . . Council Minutes COMMUNICATIONS D - 2 Take Our Kids to Work M02.GE D - 3 Bridge Construction Cedarcrest Beach to Cove Road T09.BL D - 4 Kaitlin Marina Development Newcastle D14.DEV.96-004 - 13 - September 29, 1997 Resolution #C-649-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Take Our Kids to Work 1997, be received; THAT the Municipality of Clarington participate in "Take Our Kids to Work 1997", for the day on Wednesday, November 5, 1997; THAT a copy of the correspondence be forwarded to Department Heads and staff be encouraged to participate in this Program; and THAT Take Our Kids to Work 1997, be advised of Council's decision. "CARRIED" Resolution #C-650-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 8, 1997, from David Ashcroft, 63 Cedarcrest Beach Road, Group 5, Box 36, RR #2, Bowmanville, LlC 3K3, regarding the bridge construction linking Cedarcrest Beach Road to Cove Road, be received; THAT the correspondence be referred to the Director of Public Works to be considered in conjunction with the subject file; and THAT David Ashcroft be advised of Council's decision. "CARRIED" Resolution #C-651-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Betty Brooks, 3697 Lakeshore Road, RR #8, Newcastle, LOB 1LO, regarding the Kaitlin Marina Development, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and THAT Betty Brooks be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 5 Proposed Golf Course- Barnoski DEV.97-059 D - 8 Kaitlin Marina Development Newcastle D14.DEV.96-004 D-lO Proclamation of YWCA Week Without Violence M02.GE - 14 - September 29, 1997 Resolution #C-652-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 9, 1997, from Sharon and Dick Barnoski, Craig Court, regarding the proposed golf course located in Part Lot 13 and 14, Concession 3, former Darlington Township, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file (DEV.97-059); and THAT Sharon and Dick Barnoski be advised of Council's decision. "CARRIED" Resolution #C-653-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 7, 1997, from Francis W. Jose, 3600 Lakeshore Road, Newcastle, LlB 1L9, regarding the Kaitlin Marina Development, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and THAT Francis W. Jose be advised of Council's decision. "CARRIED" Resolution #C-654-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 8, 1997, from Eva Martin Blythe, Executive Director, Young Women's Christian Association, requesting proclamation of YWCA Week Without Violence, be received; THAT the week of October 19 - 25, 1997, be proclaimed "YWCA Week Without Violence" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Eva Martin Blythe be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-11 Proclamation of Home Support Month M02.GE D - 12 Advertising Policy MOl.GE D - 15 Proclamation of Beautify Bowmanville Clean Up Day M02.GE - 15 - September 29, 1997 Resolution #C-655-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 15, 1997, from Sally Barrie, Administrator, Durham Region Community Care Association, requesting proclamation of Home Support Month, be received; THAT the month of October be proclaimed "Home Support Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Sally Barrie be advised of Council's decision. "CARRIED" Resolution #C-656-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 18, 1997, from Evylin Stroud, 89 Little Avenue, Bowmanville, LlC 119, requesting an explanation of municipal policy regarding advertisement of proclamations in the municipality, be received; and THAT Evylin Stroud be advised that municipal policy is to advertise proclamations on the outdoor advertising board located by the sidewalk on the south side of the Municipal Administrative Centre. "CARRIED" Resolution #C-657-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 18, 1997, from Alyson Dupuis, requesting proclamation of Beautify Bowmanville Clean-Up Day, be received; THAT November 9, 1997, be proclaimed "Beautify Bowmanville Clean-Up Day" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT the correspondence be forwarded to the Public Works Department to be considered during Waste Reduction Week; and THAT Alyson Dupuis be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 16 Proclamation of mV/AIDS Awareness Week M02.GE D - 17 Speed Limit Hancock Road Between Bllor and Highway #2 T08.GE D - 20 Bowmanville Waterfront D03.BO - 16 - September 29, 1997 Resolution #C-658-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 18, 1997, from Trudie Reid, Executive Director, AIDS Committee of Durham requesting proclamation of AIDS Awareness Week, be received; THAT the week of September 28 - October 5,1997, be proclaimed "AIDS Awareness Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Trudie Reid be advised of Council's decision. "CARRIED" Resolution #C-659-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 19, 1997, from Steven M. Booth and family, 2119 Hancock Road, Courtice, LlE 2M3, requesting a reduced speed limit on Hancock Road between Bloor Street and Highway #2, be received; THAT the correspondence be referred to the Director of Public Works for review and a report to be submitted to the General Purpose and Administration Committee; and THAT Steven M. Booth and family be advised of Council's decision. "CARRIED" Resolution #C-660-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Ron Fitzsimmons, 127 Cove Road, Group 2, Box 55, Bowmanville, L1C 3K5, regarding the Bowmanville Waterfront, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject file; and THAT Ron Fitzsimmons be advised of Council's decision. "CARRIED" Correspondence Item D - 22 was received as a handout. . . '. Council Minutes COMMUNICATIONS D - 14 Affordability and Choice Today Program M02.GE D - 19 Proposed Closure Waverley Road T09.BL - 17 - September 29, 1997 Resolution #C-661-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Barry and Anna Bragg regarding the sport of pigeon and pigeon flyers, be received; THAT Barry and Anna Bragg be advised of Council's decision in this matter. "CARRIED" Resolution #C-662-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 10, 1997, from Jae Eadie, President, Federation of Canadian Municipalities regarding the Affordability and Choice Today (ACT) Program, be received; THAT the correspondence be forwarded to the Treasurer for review and report to be submitted to the General Purpose and Administration Committee; and THAT Jae Eadie be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-663-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the foregoing Resolution #C-662-97 be amended in the second paragraph by adding the words "the Director of Planning and Development in conjunction with" following the words "forwarded to." "CARRIED" The foregoing Resolution #C-662-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-664-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 22, 1997, from Mavis Carlton, Port Darlington Community Association Inc., regarding the proposed Westside Creek Marsh Plan including the closure of Waverley Road and purchase of Cove Road, be received; . . . Council Minutes COMMUNICATIONS D - 1 Racing Pigeon Dispute P14.AN D - 6 Request for Financial Assistance F11.CH - 18 - September 29, 1997 THAT the correspondence be referred to the Director of Public Works to be considered in conjunction with the subject file; and THAT Mavis Carlton be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-665-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the foregoing Resolution #C-662-97 be amended in the second paragraph by deleting the words "to be considered in conjunction with the subject file" and replaced with the words "for response." "CARRIED" The foregoing Resolution #C-664-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-665-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated August 6, 1997, from Dr. H. Yassein, 4 Craig Court, Bowmanville, L1C 4H6, on behalf of the Racing Pigeon Community of Clarington, regarding the racing pigeon dispute, be received for information. "CARRIED" Resolution #C-666-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence received from Norm Johnson, Coach of Academic Decathlon Team, Bowmanville High School, requesting financial assistance in order to send the Bowmanville High School to the Canadian Academic Decathlon Championship in Edmonton, Alberta, be received; THAT the request for financial assistance be denied; and THAT Mr. Johnson be advised of the Municipality's grant process. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 7 Request for Financial Assistance F11.CH D - 9 Resolution re: Port of Churchill ClO.AD D-13 Education Tax Campaign F27.TA D - 18 Question on Ballot re: Provincial Downloading and Property Taxes C07.GE - 19 - September 29, 1997 Resolution #C-667-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated September 2, 1997, from David Coffin and Marsha Duggan, Hugh O'Brian Youth Foundation Eastern Ontario Alumni Association, requesting financial assistance for the Hugh O'Brian Youth Foundation Eastern Ontario Alumni Association to hold their community leadership education workshop, be received; THAT the request for a financial contribution be denied; and THAT Mr. Coffin be advised of the Municipality's grant process. "CARRIED" Resolution #C-668-97 Moved by Councillor Novak, seconded by Councillor Scott THAT the correspondence dated September 12, 1997, from Lorne Allard, Acting Mayor, City of Thunder Bay, requesting Council's endorsement of a resolution passed by the City of Thunder Bay pertaining to the Port of Churchill, be received for information. "CARRIED" Resolution #C-669-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the correspondence dated September 10, 1997, from Mason Bailey, Reeve, Village of Blyth, requesting that all municipalities communicate with AMO with a letter of support and encouragement for prompt action in the change in the taxation of property, be received for information. "CARRIED" Resolution #C-670-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated September 16, 1997, from M. de Rond, Clerk, Town of Ajax, encouraging the Council of the Municipality of Clarington to consider including a question on the ballet for the 1997 Municipal Election pertaining to Provincial Downloading and Property Taxes, be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 21 Invitation to Attend United Nations Day M02.GE MOTION NOTICE OF MOTION COMMITTEE REPORTS Report # 1 GPA Report of September 22, 1997 Item #4 Use of Clarington Name - 20 - September 29, 1997 Resolution #C-671-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated September 22, 1997. from Ted Dionne, Co-Chair, Showcase Committee, Multicultural Council of Oshawa/Durham, inviting the Members of Council to the opening ceremony of United Nations Day, October 18, 1997, be received; and THAT the Members of Council be requested to advise the Mayor's office if they are planning on attending this function. "CARRIED" Resolution #C-672-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of September 22, 1997, be approved with the exception of Items #4 and #7. "CARRIED" Resolution #C-673-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the Chief Administrative Officer and appropriate staff review, research, in consultation with the Region of Durham, and report on the use of the name "Clarington. " "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-674-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-673-97 be amended by adding the words "a policy regarding" following the words "report on." "CARRIED" The foregoing Resolution #C-673-97 was then put to a vote and CARRIED AS AMENDED. . . . Council Minutes REPORTS Item #7 Rezoning - Gudelj D14.DEV.97-030 - 21 - September 29, 1997 Resolution #C-675-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-130-97 be received; THAT the application for amendment to Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, to permit the establishment of a home industry with outdoor storage, be approved and the use be limited to the manufacturing and sale of concrete lawn ornaments which is the existing use; THAT the by-law amendment be forwarded to Council for approval at such time as the applicant has entered into a Site Plan Agreement; THAT a copy of Report PD-130-97 and Council's decision be forwarded to Durham Region Planning Department; and THAT all interested parties listed in Report PD-130-97 and any delegation be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-676-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the foregoing Resolution #C-675-97 be amended as follows: · in the second paragraph adding the words "as a temporary use for a period of three years" after the words "be approved." · in the third paragraph replacing the word "the" after the word "that" with the words "a temporary use." · in the fifth paragraph adding the words "and that the applicant be advised of the terms of the temporary use." "CARRIED" The foregoing Resolution #C-675-97 be amended by adding the following: "THAT the applicant be advised that the temporary use will cease upon his retirement from his business." "CARRIED" The foregoing Resolution #C-675-97 was then put to a vote and CARRIED AS AMENDED. . . . Council Minutes REPORTS Report #3 Road Closure Ridge Pine Park T09.RI Report #4 Solin a Road Improvement Agreement L04.S0 - 22 - September 29, 1997 Resolution #C-677-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT Report WD-60-97 be received; THAT Parts 1, 2, 3, 4, & 6, Plan 40Rl7767, being parts of the unopened road allowance between Lots 2 & 3, Broken Front Concession, former Township of Darlington, be declared to be surplus property; THAT Parts 1, 2, 4, & 6, Plan 40Rl7767, be stopped-up, closed and conveyed at the established selling price as follows: Part 1 - $ 87.00 Part 2 - $1,375.00 Part 4 - $ 45.00 Part 6 - $ 320.00 Ontario Hydro Ridge Pine Park Ontario Hydro Ontario Hydro THAT Part 3 be conveyed to the Ministry of Transportation at no cost to M.T.O.; THAT Ridge Pine Park, the applicant, be responsible for all costs associated with this transaction; THAT staff be authorized to advertise a public hearing required by the Municipal Act to stop-up, close and convey the unopened portions of the road allowance declared to be surplus property; THAT, if following such Hearing, Council approves the by-law to stop-up, close and convey Parts 1, 2, 4 & 6 to Ridge Pine Park and Ontario Hydro, and convey Part 3 to the Ministry of Transportation, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; THAT the Clerk obtain written approval of the by-law to stop-up close and convey Parts 1, 2, 3, 4 and 6, Plan 40Rl7767, by registered mail from the Regional Municipality of Durham; and THAT Roger Howard, Ridge Pine Park Inc., and Cynthia Tsai-Liang, Ministry of Transportation of Ontario, be advised of Council's decision. "CARRIED" Resolution #C-678-97 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report WD-61-97 be received; THAT Council approve the payment of $16,000 to Louis Aldrovandi, Lino Aldrovandi and the estate of Guido Bruni subject to the Municipality and the parties entering into an agreement substantially in the form attached to Report WD-61-97 as Attachment No.3: . . . Council Minutes REPORTS Report #5 Rickard Recreation Complex Site Works R05.RI Report #7 Rickard Recreation Site Works - 23 - September 29, 1997 a) Releasing each other from any further obligations under the September 29th, 1978 agreement. b) For the indemnification of the Municipality should it be established that the representations of the parties are inaccurate that (i) the money had been paid to the Municipality, (ii) the money had not been previously paid back to the parties or (iii) the parties are the proper recipients of the return of the money. THAT a by-law be passed to authorize the Mayor and Clerk to enter into this agreement on behalf of the Municipality. "CARRIED" Resolution #C-679-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report CS-1O-97 be received; and THAT the additional funds required to complete the site works necessary for the twin pad of the Rickard Recreation Complex, approximately $575,000 be approved and financed from the ImpactlEscrow Reserve Fund Account #5001-500-X. "CARRIED" Councillor Novak made a declaration of interest with respect to Report #7; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that one of the companies mentioned in the report has business dealings with her company. Resolution #C-680-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report TR-90-97 be received for information. "CARRIED" Resolution #C-681-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the Chief Administrative Officer review the Municipality's pre-qualification policy and report back to the General Purpose and Administration Committee. "CARRIED" . . . Council Minutes - 24 - September 29, 1997 UNFINISHED BUSINESS Resolution #C-682-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the delegation of Libby Racansky be received and referred to staff in consultation with Councillor Hannah; and THAT, if it is determined that new information has come forward, the issue be pursued. "CARRIED" UNFINISHED BUSINESS Resolution #C-683-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the delegation of Bev Ferguson be acknowledged. "CARRIED" BY-LAWS Resolution #C-684-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 97-198 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington; 97-199 being a by-law to amend By-law 91-58, as amended, being a by-law to regulate traffic on highways, municipal and private property in the Municipality of Clarington; 97-200 being a by-law to authorize an agreement to enter into a partnership between the Corporation of the Municipality of Clarington and the members of the Ottawa-Carleton Municipal Applications Partnership, for the joint development of Geographic Information System Applications; 97-201 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and SHL Systemhouse Inc., Ottawa, Ontario, for the purchase of Geographic Information System Software and Applications; 97-202 being a by-law to authorize a licence, maintenance, and escrow agreement between the Municipality of Clarington and Vailtech Inc., Nepean Ontario, for the purchase of Tax Software; . . . Council Minutes BY-LAWS OTHER BUSINESS Regional Update Boards/Committees CONFIRMING BY-LAW - 25 - September 29, 1997 97-203 being a by-law to establish an interest charge on overdue accounts and for prescribing the amount of such charge; and 97-204 being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Louis Aldrovandi, Lino Aldrovandi and the Estate of Guido Bruni. "CARRIED" Resolution #C-685-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 97-198 to 97-204 inclusive, be approved. "CARRIED" Resolution #C-686-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the Regional Update and the Committee/Boards Update be deferred. "CARRIED" Councillor Novak made a declaration of interest with respect to the Rezoning Application submitted by Joe Domitrovic; vacated her chair and refrained from discussion and voting on the following matter. Resolution #C-687-97 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the Planning Department review the entire Rezoning Application submitted by Joe Demetrovic and submit an information report to the General Purpose and Administration Committee. "CARRIED" Councillor Novak made a declaration of interest earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-688-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-205, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of September 1997, and that the said by-law be now read a first . . . Council Minutes and second time. - 26 - September 29, 1997 "CARRIED" . . . Council Minutes CONFIRMING BY-LAW ADJOURNMENT - 27 - September 29, 1997 Resolution #C-689-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 97-205 be approved. "CARRIED" Resolution #C-690-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the meeting adjourn at 11:54 p.m. "CARRIED" ~~h~ MAYOR