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HomeMy WebLinkAbout10/14/1997 . . . Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON October 14, 1997 Minutes of a regular meeting of Council held on Tuesday, October 14, 1997, at 7:13 p.m., in the Council Chambers Councillor Hannah led the meeting in prayer. Mayor D. Hamre Councillor A Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton Solicitor, D. Hefferon 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 Correspondence Item D - 11. MINUTES OF PREVIOUS MEETING PUBLIC MEETINGS Resolution #C-695-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the minutes of a regular meeting of Council held on September 29, 1997, be approved. "CARRIED" A public meeting is being held for the purpose of passing a by-law to stop up, close and authorize the sale of a portion of the road allowance located adjacent to the C.N.R. Railway and the Municipal Walkway between Regional Road 57 (Martin Road) and Old Highway No.2, more specifically described as Parts 1, 2 and 3, Plan 40R-17727, in Lot 14, Concession 1, former Town of Bowmanville. No one was in attendance to address this issue. . . . Council Minutes PUBLIC MEETINGS DELEGATIONS - 2 - October 14, 1997 A public meeting is being held for the purpose of passing an amendment to the Development Charge By-law No. 92-105, pursuant to the Development Charges Act. A.M. Heisey of Kersner, Papazian, MacDermid, Standard Life Centre, 5th Floor, 121 King Street West, P.O. Box 112, Toronto, M5H 3T9, thanked staff and Council for processing this matter and advised that he was present in order to answer any questions that Council may have. Resolution #C-696-97 Moved by Councillor Novak, seconded by Councillor Pingle THAT the order of the delegations listed on the agenda be altered to allow for Jack Eilbeck to speak following Jacqueline Lake, followed by Noel Gordon, then Linda MacGregor, then Erskine Duncan. "CARRIED" Mr. Viv Woolford, 18 Hooper Square, Bowmanville, LIC 4X7, requested that Council approve a convenience store for the vacant lot located at the corner of Liberty Street and Concession Road 3. He indicated that the closest convenience store is a 35 minute walk from Liberty Village and the growth in the area warrants the inclusion of a convenience store. Don Welsh, 4280 Mearns Avenue, Bowmanville, LIC 3K5, together with Annabel Sissons, provided an update to Council on the activities of the Clarington Older Adults. Mr. Welsh stated that since the last meeting, they have enlisted the services of a lawyer to fill in the necessary forms to become incorporated and receive a charitable status number in order to issue tax receipts. Attendance at their weekly meetings has increased by at least 25% and the number of individuals staying for lunch has also increased. It is the older adults understanding that a report will be brought forward on October 27, 1997, regarding the Older Adults Activity Centre. Mr. Welsh requested that this report address the following: · Definition of the space that will be available for the exclusive use of the older adults. · Indication from whom Community Care will be renting space. Also, Mr. Welsh indicated that more discussion and information is required prior to recommending and approving the formation of a management board for the Older Adults Centre. Valerie Dostie, 707 Waverley Road South, R.R. #2, Box 11, Group 5, Bowmanville, LIC 3K3, addressed Council with respect to the proposed closure of Waverley Road. She indicated concern with the blasting activities of Blue Circle Inc., coming closer to homes in the area and requested that the exemption for Blue Circle Inc. in the noise by-law, be removed. She stated that the blasting activities have become terrifying and this matter will only worsen when the marshland is quarried. . Council Minutes DELEGATIONS . . - 3 - October 14, 1997 Bill Woods, 3296 Taunton Road, RR #2, Orono, LOB IMO, addressed Council in opposition to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, (Staff Report PD-110-97). Mr. Woods indicated concern with the creek and wildlife in the area, stormwater runoff and the release of nitrates and chloride from communal and private septic systems. He requested that an in depth study be done to determine the impact of sewage load on buried aquifers in this hydrogeologically sensitive area. Mr. Woods suggested that the proposal should be located in a serviced industrial site rather than in an inappropriate, environmentally protected permanent agricultural reserve. Rhonda Hooper, R.R. #2, Orono, LOB IMO, addressed Council with her concerns pertaining to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman (Report PD-110-97). She questioned why, in the agricultural impact study, her property is described as a non-farm residence. Mrs. Hooper stated that currently in the Durham Regional Official Plan the subject lands are zoned Permanent Agricultural Reserve and in the Clarington Official Plan they are zoned Prime Agricultural Area. South of Concession 7 along the Wilmot Creek is Oak Ridges Moraine and along the whole length of the Wilmot and its tributaries, the property is zoned Environmental Protection. However, along Baseline Road and Highway 401 in Bowmanville and Courtice there are large areas zoned Prestige Employment Area and Light and General Industrial Area. There is also commercial property for sale in Orono. With all of the land which is properly zoned for a proposal such as that put forward by the Lishman's, Mrs. Hooper questioned why they could not locate in a more appropriate area. She requested that Council defer all approvals on this application until an interim report can be prepared that includes specific details of the application and clarifies inconsistencies that presently exist. She also requested a public meeting be held after the report is completed so the public can be fully informed of the results and can voice any further concerns. Fran Woods, 3296 Taunton Road, RR #2, Orono, LOB IMO, was called but was not present. Dan Hooper, RR #2,3237 Concession Road 7, Orono, LOB IMO, addressed Council with respect to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman (Staff Report PD-110-97). He indicated that the proposed "earth dome" is to be erected so close to the creek and water table that he does not see how a building permit could be issued for the project. He also has concerns with the fire code as it relates to opening windows, exit doors, sprinkler systems, fire doors and fire rated drywall for stairways to the second floor. He questioned whether the communal sewage system will be used or whether it will be a raised bed septic system and whether residents will have written guarantees that their wells will not be affected by this and future developments on the subject lands. Another concern which he voiced is the possible added cost to the taxpayer to build a new bridge to accommodate the new development. He requested that more public meetings be held in order for the residents to have more information pertaining to their concerns. . Council Agenda DELEGATIONS . . - 4 - October 14, 1997 Linda Gasser, P.O. Box 399,7421 Best Road, Orono, LOB IMO, addressed Council with respect to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman (Staff Report PD-110-97). Mrs. Gasser is seeking clarification regarding the application documents and studies prepared by Tunney Planning and Gartner Lee respectively. She indicated that the staff report is a preliminary description of the proposed development and is of limited use as an information tool. Mrs. Gasser requested to know the exact size of the lands parcel relating to the Official Plan Amendment, severance and zoning applications and what activities will be pursued on that parcel. She also requested clarification of what activities are implied by the term "consolidation and expansion" of the business as per the Tunney Application. Also, Mrs. Gasser questioned why the municipality did not require an environmental impact study based on the property location and lack of significant features. Mrs. Gasser requested that Council defer any approvals of the Lishman applications until such time as all of the residents' concerns have been addressed and resolved. She requested that an interim report be prepared which provides site specific information, clarifies inconsistent documentation, incorporates the responses of commenting agencies and addresses the concerns raised to date. She also requested that a public meeting be held following preparation of the interim report so that residents can comment on specific aspects of these applications. Mavis Carlton, RR #2, Box 14, Group 2, Bowmanville, LIC 3K3, addressed Council with respect to Report ADMIN-47-97 (listed as Report #3 on the Council Agenda). Mrs. Carlton stated that, as the report has not been forthcoming, she assumes that the negotiations between the municipality and Blue Circle Inc., are at loose ends. Brenton Rickard, 507 Mill Street South, Newcastle, LIB lC2, addressed Council on behalf of the Newcastle Ratepayers Association with respect to Report PD-140-97. Mr. Rickard indicated that the Ratepayers Association is still concerned with the questions which were raised at the General Purpose and Administration Committee meeting of October 6, 1997, pertaining to the CNR Underpass as proposed in Plan B for the subject development. He stated that construction of this underpass will create an unsafe situation and requested that Council reconsider their decision and insist on a new, safe Plan A for access to the development. Patsy Scott, 514 Mill Street South, Newcastle, LlB lC2, addressed Council with respect to Report PD-140-97. After having studied the report and the supporting conditions of draft approval and zoning by-law amendment, Mrs. Scott requested the following: · Conditions #5, #12 and #18 of the Conditions of Draft Approval be amended to include those properties and access routes affected by this development and not just the immediate surrounding areas. . That the by-law be changed to allow for a hotel consisting of no more than 25 rooms; not dependent upon what the developer intends to do with the property, but what the community wants. · That Council reconsider the decision to accept Alternative B for access to the development. . Council Agenda DELEGATIONS . . - 5 - October 14, 1997 Robin Ibbotson-Rickard attended as a delegation with respect to Report PD-140-97, in the absence of Jacqueline Lake. Ms. Ibbotson-Rickard voiced her concerns with the bridge on Mill Street and questioned how the bus companies have viewed this decision. She also stated that conflicting comments between the developer and municipal staff have been made with respect to the Clarke Street cul-de-sac. Jack Eilbeck, 626 Mill Street South, Newcastle, LlB lCl, addressed Council with respect to Report PD-140-97. He reiterated his concerns regarding the operation of the Port of Newcastle Marina and future availability of the Graham Creek valley lands to the public and citizens of Clarington. On at least two occasions, fishermen have been banned from fishing on that area of Graham Creek running south of Hunters Bridge. On one occasion the fisherman was fishing from the bank and the second incident occurred while an individual was fishing from an un-anchored canoe. This latter banning is in direct contravention of the Navigable Streams legislation. Mr. Eilbeck indicated that in the summer of 1997, a large marquee tent and a portable toilet facility was added to the lake front marina development. As a result, the Bondhead area and marine tenants were serenaded with disk jockey rock and roll at a volume which brought complaints from as far away as Metcalf and Mill Streets for four consecutive Saturday nights despite telephone calls to the local police. Mr. Eilbeck voiced his concerns that the past experiences and the proposed approval of Phase II of the development does not bode well for the future of the "jewel of Clarington." Larry Johnson, addressed Council with respect to Report PD-140-97 on behalf of Noel Gordon. Mr. Johnson questioned why a hotel of 250 rooms is being proposed for this site when the Flying Dutchman Hotel in Bowmanville and the Holiday Inn in Oshawa combined do not contain that number of rooms. He questioned who will stay in these rooms. He also questioned why a hotel is being proposed in this location when the report states a concern from the Fire Department regarding the level of development in this area and ambivalence from the Public Works Department concerning the best possible access to the whole development. Mr. Johnson also questioned why a hotel is being proposed at this time, within just two years of taking ownership of the property and within just one year of receiving draft approval for Phase I. Linda MacGregor, 40 Boulton Street, Newcastle, LIB lL9, addressed Council on behalf of the Bondhead Community Association with respect to Report PD-140-97. She requested that the Members of Council reconsider and vote in favour of Alterative A (the widening of the Mill Street/CNR Underpass). She stated that the facts and the impact regarding Alternative B have become clearer with the application for Phase II of the Kaitlin Development. As a result of this, the Association feels that Alternative A is the acceptable solution and Mrs. MacGregor submitted an 18 page petition in support of Alternative A. Erskine Duncan, 27 Boulton Street, Newcastle, LIB lL9, addressed Council with respect to Report PD-140-97. Mr. Duncan stated the following five reasons why no residential development should have been allowed on the south side of Coastal Road in the Port of Newcastle development when the Kaitlin requested in the spring of 1996: . . . Council Agenda DELEGATIONS - 6 - October 14, 1997 . The Clarington Official Plan which was given final approval January 1996 disallowed it. · Clarington Planning Department advised Council to turn the request down. · The Clarington Waterfront Study clearly excluded development in the waterfront greenway. · The Waterfront Greenway Regeneration Trust wrote Clarington on May 10, 1996 advising that they were in full accord with the Clarington Official Plan and endorsed Staffs report advising Council to turn down the request. · The residents strongly backed Staffs report. Mr. Duncan also requested: · Council reconsider Alternative B and approve Alternative A. · Deny approval of the placement of Block 160 residential complex in front of the Coastal Road. . Rescind Amendment 161 to the Clarington Official Plan so as to prevent any further attempt to intrude into the waterfront greenway by this development or develop any future waterfront land in Clarington. · Deny approval of a hoteVmotel of up to 250 units. · That building requirements written into the Official Plan be adhered to as mInImUms. · That approval of Phase II of the Port of Newcastle development be denied until all concerns are resolved. Ron Webb, c/o of the Kaitlin Group, 1029 McNicoll Avenue, Scarborough, Ml W 3W6, addressed Council on behalf of Bill Daniell with respect to Report PD-140-97. Mr. Webb requested that Council adopt the recommendations contained in the report as the proposal conforms with the Municipality's Official Plan. In considering approval of Phase I, the Mill Street Underpass was thoroughly considered and his client relied upon the decision to give draft plan approval and, therefore, contracts for servicing of the development have already been awarded. No new engineering facts have come forward to justify reconsideration of Alternative A over Alternative B and, therefore, Mr. Webb requested Council not revisit this decision. He indicated that his client continues to be willing to meet with residents in order to address their concerns. Resolution #C-697-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Council recess for 15 minutes. "CARRIED" . Council Agenda COMMUNICATIONS - 7 - October 14, 1997 The meeting reconvened at 9:30 p.m. Resolution #C-698-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 1, I - 5, I - 11 and I - 17. 1-2 1-3 1-4 1-6 . 1-7 "CARRIED" Correspondence received from The Honourable Al Leach, Minister of Municipal Affairs and Housing - Who Does What; Bulletin received from the Toronto Transition Team entitled "Transition Team Provides Input on Bill 148"; Minutes of a meeting of the Solin a Community Centre Board held on September 15, 1997; Correspondence received from The Honourable Al Leach, Minister of Municipal Affairs and Housing - Development Charges Act; Correspondence received from Donald G. McKay, Clerk, Town of Whitby - Proposed Annexation of the Town of Whitby by the City of Oshawa; I - 8 News Release received from the Association of Municipalities of Ontario entitled "Amendments to User Fee Regulation"; I - 9 Correspondence received from the Village of Bobcaygeon - Resolution re: Nomination and Designation of the Trent and Severn Rivers; I - 10 Correspondence received from Paul J. Temple, Executive Vice President & General Manager, Rogers Cable TV - New Cable Channels; I - 12 Minutes of a meeting of the Kawartha Conservation Authority held on September 17, 1997; I - 13 Correspondence received from Tony Morris, President, Ontario Federation of Agriculture - New Farming and Food Production Protection Act, 1997; 1- 14 Correspondence received from Stuart Hartley, Vice President, Ontario Region, Canadian Soft Drink Association - Citizens Network for Waste Management (CNWM) Report; . I - 15 Correspondence received from the Ontario Good Roads Association - 1998 Annual Conference Workshops; I - 16 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on September 16, 1997; . . . Council Agenda COMMUNICATIONS 1-1 Letter of Appreciation M04.GE - 8 - October 14, 1997 1- 18 Correspondence received from Carol Seglins, Mayor, Town of Caledon- Impact of Downloading and Pooling in the GTA Rural Municipalities; I - 19 Correspondence received from R. Walton, Metropolitan Clerk, The Municipality of Metropolitan Toronto - Protection of Rail Corridors in the GTA; I - 20 News Release received from the Ministry of Municipal Affairs and Housing entitled "Municipalities Get More Detail on Local WDW Numbers"; 1-21 Correspondence received from Cynthia Mearns, Library Director, Clarington Public Library - Forwarding a Letter of Appreciation from the Library Board; and I - 22 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on October 7, 1997. Resolution #C-699-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence received from Don MacArthur, Tournament Convenor, 38 Beech Avenue, Bowmanville, LIC 3A2, regarding the assistance received from the staff of the municipality, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-700-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-699-97 be amended by adding the following thereto: "and copied to the appropriate staff together with a note of appreciation from the Mayor and Members of CounciL" "CARRIED" The foregoing Resolution #C-699-97 was then put to a vote and CARRIED AS AMENDED. . . . Council Agenda COMMUNICATIONS 1-5 Resolution re: Who Does What Impacts ClO.AD 1- 11 User Fees L1l.PR 1-17 Study on Cattle Losses Due to Coyotes P14.LI - 9 - October 14, 1997 Resolution #C-701-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 24, 1997, addressed to The Honourable Michael Harris, from Peter Robertson, Mayor, City of Brampton regarding a resolution of the City of Brampton, pertaining to the pooling across the Greater Toronto area as a method of dealing with Metropolitan Toronto's social costs, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C- 702-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the foregoing Resolution #C-701-97 be amended by adding the following thereto: "and that the resolution of the City of Brampton be endorsed by the Council of the Municipality of Clarington and that the Premier, the Minister of Municipal Affairs and Housing and all area MPP's be advised of Council's decision." The foregoing Resolution #C-701-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-703-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated September 22, 1997, from Nancy Bardecki, Director, Ministry of Municipal Affairs and Housing, pertaining to a regulation by the Minister of Municipal Affairs and Housing, regarding User Fees, be received for information. "CARRIED" Resolution #C- 704-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated October 1, 1997, from Peter Doris, Special Projects Manager, Ontario Cattlemen's Association, advising that Eugene Fytche has been commissioned by the Ontario Cattlemen's Association to undertake a research project on cattle losses to Coyote predators, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Agenda COMMUNICATIONS D - 1 Clarington Recycling and Waste Management Station E07.GE D - 3 Charitable Gaming Clubs in Ontario P09.GE D - 4 Nominations for the Order of Ontario M02.GE - 10 - October 14, 1997 Resolution #C- 705-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-704-97 be amended by adding the following thereto: "and that staff work with Mr. Fytche in this endeavour and advise Morris Nimigon of this activity." The foregoing Resolution #C-704-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-706-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 29, 1997, from Nancy K. Healer, regarding the Rezoning Application for Clarington Recycling and Waste Transfer Station, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Nancy Healer be advised of Council's decision. "CARRIED" Resolution #C-707-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 2, 1997, from Richard D. Christy, Mayor, City of Kitchener, regarding Charitable Gaming Clubs in Ontario, be received; THAT the correspondence be referred to the Clerk to be considered in conjunction with the report being prepared on the subject matter; and THAT Mayor Christy be advised of Council's decision. "CARRIED" Resolution #C-708-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Naomi Alboim, Secretary General to the Order of Canada and Deputy Minister, Ministry of Citizenship, Culture and Recreation, requesting nominations for membership in the Order of Ontario, be received for information. "CARRIED" . . . Council Agenda COMMUNICATIONS D - 5 Durham Regional Meetings After Elections C15.RE D - 6 Proclamation of WRAP Week M02.GE D - 7 Clarington Recycling and Transfer Station E07.GE D - 8 Proclamation of Lung Awareness Month M02.GE - 11 - October 14, 1997 Resolution #C-709-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 24, 1997, from P.M. Madill, Regional Clerk, Regional Municipality of Durham, regarding the first meeting of the Council of the Regional Municipality of Durham after Municipal Elections, be received; and THAT P.M. Madill be advised that the Inaugural Meeting of the Council of the Municipality of Clarington will be held on Monday, December 1, 1997. "CARRIED" Resolution #C-710-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 17, 1997, from Joe-Anne Boyle, WRAP Co-Ordinator, requesting proclamation of the 9th White Ribbon Against Pornography (WRAP) Week, be received; THAT the week of October 19 - 26, 1997, be proclaimed "WRAP" Week in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Joe-Anne Boyle be advised of Council's decision. "CARRIED" Resolution #C-711-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 22, 1997, from Doug and Renita Vanderkooi, regarding the Rezoning Application submitted by Clarington Recycling and Transfer Station Inc., be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Doug and Renita Vanderkooi be advised of Council's decision. "CARRIED" Resolution #C-712-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 30, 1997, from Anita Witty, Chair, 1997 Christmas Seals Campaign, The Lung Association, requesting proclamation of Lung Awareness Month, be received; . . . Council Agenda COMMUNICATIONS D - 9 Charitable Gaming Initiatives P09.GE D - 10 Proclamation of Men Working to End Violence Against Women M02.GE D - 12 Lishman OPA D09.0P A97-020 - 12 - October 14, 1997 THAT the month of November 1997 be proclaimed "Lung Awareness" month in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Anita Witty be advised of Council's decision. "CARRIED" Resolution #C-713-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 25, 1997, from David H. Tsubouchi, Minister of Consumer and Commercial Relations and Marilyn Mushinski, Minister of Citizenship, Culture and Recreation, regarding the government's program on Charitable Gaming, be received; THAT the correspondence be referred to the Clerk to be considered in conjunction with the report which is being prepared on the subject matter; and THAT David Tsubouchi and Marilyn Mushinski be advised of Council's decision. "CARRIED" Resolution #C- 714-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 24, 1997, from Jack Layton, Co-Chair, The White Ribbon Campaign: Men Working to End Violence Against Women, requesting proclamation of White Ribbon Week, be received; THAT the week of November 28 - December 6, 1997, be proclaimed "White Ribbon Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Jack Layton be advised of Council's decision. "CARRIED" Resolution #C-715-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 1, 1997, from Danny Hooper, expressing opposition to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; . . . Council Agenda COMMUNICATIONS D-13 Lishman OPA D09.0P A.97-020 D - 15 Lishman OP A D09.0P A.97-020 D - 16 Proclamation of Toastmaster Week M02.GE - 13 - October 14, 1997 THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Danny Hooper be advised of Council's decision. "CARRIED" Resolution #C-716-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 1, 1997, from Gregory R. Johnson, expressing opposition to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Gregory R. Johnson be advised of Council's decision. "CARRIED" Resolution #C-717 -97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 19, 1997, from Linda Gasser, regarding the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Linda Gasser be advised of Council's decision. "CARRIED" Resolution #C- 718-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 19, 1997, from Connie Nelson, President, and Denise Marek, Secretary, Bowmanville Toastmasters Club, requesting proclamation of Bowmanville Toastmasters Week, be received; THAT the week of November 2 - 8, 1997, be proclaimed "Bowmanville Toastmasters Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Connie Nelson and Denise Marek be advised of Council's decision. "CARRIED" . . . Council Agenda COMMUNICATIONS D - 17 Lishman OPA D09.0P A. 97-020 D - 18 Proposed Survey F20.GE D - 19 Lishman OPA D09.0P A.97-020 - 14 - October 14, 1997 Resolution #C-719-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 1, 1997, from Rhonda Hooper, expressing opposition to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Rhonda Hooper be advised of Council's decision. "CARRIED" Resolution #C-720-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 8, 1997, from Garth Gilpin, Secretary- Treasurer and General Manager, Bowmanville Business Centre, requesting that $2,500. be paid from the funds provided for market studies by the West-End Developers, be received; THAT, in order to complete a market study, an advance in the amount of $2,500. be approved from the monies on hand, which will be repaid from the Markborough monies; and THAT Garth Gilpin be advised of Council's decision. "CARRIED" Resolution #C-721-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Shirley A. Johnson, expressing opposition to the Official Plan Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Shirley A. Johnson be advised of Council's decision. "CARRIED" . . . Council Agenda COMMUNICATIONS D - 20 Rezoning and Site Plan W.E. Roth D14.DEV.94-054 D - 21 Lishman OPA D09.0P A.97-020 D - 22 Communicating With the Municipality AOO.GE D - 23 Rezoning and Site Plan D14.DEV.94-054 - 15 - October 14, 1997 Resolution #C-722-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 8, 1997, from William & Evelyn Reid, regarding the Rezoning and Site Plan Applications on behalf of W.E. Roth Construction, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Willlam & Evelyn Reid be advised of Council's decision. "CARRIED" Resolution #C-723-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 7, 1997, from Linda Gasser, regarding the Lishman application for an Official Plan Amendment, be received; THAT the correspondence be referred to the Director of Planning & Development for appropriate action; and THAT Linda Gasser be advised of Council's decision. "CARRIED" Resolution #C-724-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 6, 1997, from Linda Gasser, regarding communicating with the municipality, be received; and THAT the correspondence be referred to the Clerk for response. "CARRIED" Resolution #C-725-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 8, 1997, from Raymond and Rae Osborne, regarding the Rezoning and Site Plan Application submitted on behalf of W'E. Roth Construction Ltd., be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Raymond and Rae Osborne be advised of Council's decision. "CARRIED" . . . Council Agenda COMMUNICATIONS D - 24 Reconstruction of Cove Road Waverley Road Closing T09.BL D-11 Domitrovic OP A D09.0P A.96-016 D - 2 Resolution re: Amalgamation of District Health Councils ClO.AD - 16 - October 14, 1997 Resolution #C-726-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 26, 1997, from Doug and Renita Vanderkooi, regarding the Waverley Road Closing, be received; THAT the correspondence be referred to the Director of Public Works for appropriate action; and THAT Doug and Renita Vanderkooi be advised of Council's decision. "CARRIED" Councillor Novak made a declaration of interest with respect to Correspondence Item D - 11; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in the vicinity of the subject rezoning application. Resolution #C-727-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the petition submitted by Bernice Petryshyn advising of local residents who are in opposition to the rezoning application submitted by Joe Domitrovic, be received; THAT the petition be referred to the Director of Planning and Development for appropriate action; and THAT Bernice Petryshyn be advised of Council's decision. "CARRIED" Resolution #C- 728-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the correspondence dated September 22, 1997, from Bruce Taylor, Clerk, Town of Pickering, requesting Council's endorsement of a resolution passed by the Town of Pickering, pertaining to the recent decision by the Ministry of Health to amalgamate the Durham Regional District Health Council with the Haliburton, Kawartha, Pine Ridges Health Council, be received; THAT the Council of the Municipality of Clarington endorse the resolution of the Town of Pickering; and THAT Alex Sheppard, MP, John O'Toole, MPP and Bruce Taylor, be advised of Council's decision. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" . . . Council Agenda COMMUNICATIONS D - 14 Bus Route in Orono T08.GE MOTION NOTICE OF MOTION - 17 - October 14, 1997 Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre Resolution #C- 729-97 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated September 22, 1997, from Bruce Taylor, Clerk, Town of Pickering, requesting Council's endorsement of a resolution passed by the Town of Pickering, pertaining to the recent decision by the Ministry of Health to amalgamate the Durham Regional District Health Council with the Haliburton, Kawartha, Pine Ridges District Health Council, be received for information. "CARRIED" Resolution #C-730-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated October 7, 1997, from Kim Burns, regarding the parking situation in Orono, be received; THAT the Director of Public Works be directed to liaison with the Orono B.I.A. to review and address Ms. Burns' concerns; THAT the By-law Division take appropriate action; and THAT Ms. Burns be advised of Council's decision. "CARRIED" COMMITTEE REPORTS Resolution #C-731-97 Report #1 GP A Report of October 6, 1997 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of October 6, 1997, be approved with the exception of Item #18. "CARRIED" . . . Council Agenda REPORTS Item #18 Bowmanville Lions Centre A19.LI Report #2 Eiram Development Amendment to the Development Charges By-law F21.DE - 18 - October 14, 1997 Resolution #C-732-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report ADMIN-43-97 be received; THAT funds for the purchase and renovations of the Bowmanville Lions Centre be derived from the Impact Escrow Fund 5001-50-X; and THAT the by-law attached to Report ADMIN-43-97 marked Attachment No.1 be approved authorizing the Mayor and Clerk to execute the necessary agreement. "CARRIED" Resolution #C-733-97 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report WD-66-97 be received; THAT an amendment to the Development Charges By-law (By-law No. 92-105, as amended) be passed to add Schedules identifying relevant benefitting areas and the following services to the designated services which are now referred to in the by-law: . Stormwater Management Facility and all associated works, located adjacent to the east side of Mearns Avenue, approximately 800 metres south of Concession Road 3; . Trunk storm sewer on Mearns Avenue from approximately 500 metres south of Concession Road 3, southerly approximately 89 metres; . Trunk storm sewer on Mearns Avenue from approximately 589 metres south of Concession Road 3, southerly approximately 113 metres; . Trunk storm sewer on Mearns Avenue from approximately 702 metres south of Concession Road 3, southerly approximately 92 metres; . Trunk storm sewer on Mearns Avenue from approximately 794 metres south of Concession Road 3, southeasterly approximately 24 metres; THAT the necessary by-laws be passed to authorize the Mayor and Clerk to enter into a front-ending agreement with Eiram Development Corp. in respect of the works or services referred to above, the cost of which has been front-ended by the owner as detailed in the report dated June, 1997, and prepared by Valdor Engineering Inc., and G.M. Sernas & Associates Ltd.; . Council Agenda REPORTS Report #3 Principles of Understanding Blue Circle Canada T09.Bl - 19 - October 14, 1997 THAT the term of the front-ending agreement referred to in Report WD-66-97 be 15 years; and THAT a copy of Report WD-66-97 be sent to Eiram Development Corp. "CARRIED" The Chief Administrative Officer provided a verbal report wherein he indicated that negotiations with Blue Circle Canada Inc., have hit an impasse. Staff of the municipality will continue to meet with Blue Circle Inc., and report further at the Council meeting scheduled to be held on October 27, 1997. Resolution #C-734-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT the verbal report of the Chief Administrative Officer, pertaining to negotiations with Blue Circle Canada Inc. on the implementation of the recommendations of the Waterfront Regeneration Trust Report on Westside Marsh, be received. "CARRIED" . UNFINISHED BUSINESS Resolution #C-735-97 Rezoning and Subdivision Kaitlin Group D14.DEV.96-051 D12.18T-96013 . Moved by Councillor Hannah, seconded by Councillor Scott THAT Report PD-140-97 be lifted from the table. "CARRIED" Resolution #C-736-97 Moved by Councillor Pingle, seconded by Councillor Scott THAT the Rules of Procedure be suspended to allow for reconsideration of Phase I of Subdivision 18T-91004. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" (3/4 VOTE REQUIRED) Recorded Vote Yea Nav Absent Councillor Elliott Councillor Pingle Councillor Scott Mayor Hamre Councillor Dreslinski Councillor Hannah Councillor Novak . . . Council Agenda - 20 - October 14, 1997 UNFINISHED BUSINESS Resolution #C-737-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-140-97 be received; THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of Phase II of the Port of Newcastle being the draft plan of Subdivision 18T-96013 dated July 30, 1997, subject to the conditions contained in Attachment No.1 to Report PD-140-97; THAT the Mayor and Clerk be authorized by by-law to execute the Subdivision Agreement between the owner of the proposed draft plan of Subdivision 18T-96013 and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT the amending by-law attached to Report PD-140-97 be approved and the Holding (H) Symbol be removed by by-law upon the execution of a Subdivision Agreement; and THAT all interested parties in Report PD-140-97 and any delegation be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-738-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-737-97 be amended as follows: "THAT the new Conditions of Approval of Final Plan Registration Requirements to be included in the Subdivision Agreement be amended by renumbering Conditions 23. to 33. as Conditions 24. to 34. and by adding a new Condition 23. as follows: THAT the owner deposit a 'performance Guarantee' with the Municipality for the works required by the approval of the Draft Plan of Subdivision for Phase I (18T-91004) and Phase II (18T-96013) in accordance with the Municipality's standard subdivision agreement. The Performance Guarantee shall be in an amount equal to 100 percent of the works cost estimate approved by the Director of Public Works for the works, including without limitation the 'Toronto Street Grade Separation Works' and the 'Toronto Street Road Reconstruction Works'. "CARRIED" . . . Council Agenda - 21 - October 14, 1997 UNFINISHED BUSINESS Resolution #C-739-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the foregoing Resolution #C- 738-97 be amended by adding the following to the second paragraph: "except for Block 160 which shall be approved for open space purposes." "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Elliott Councillor Hannah Mayor Hamre Councillor Dreslinski Councillor Novak Councillor Pingle Councillor Scott Resolution #C-740-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the foregoing Resolution #C-738-97 be amended by adding the following thereto: "THAT approval of Phase II of the Port of Newcastle be conditional upon the construction of a separate pedestrian tunneL" "CARRIED" Resolution #C-741-97 Moved by Councillor Scott, seconded by Councillor Elliott THAT Report PD-140-97 be tabled until Phase I of the development is completed. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Elliott Councillor Pingle Councillor Scott Councillor Dreslinski Councillor Hannah Councillor Novak Mayor Hamre . . . Council Agenda - 22- October 14, 1997 UNFINISHED BUSINESS The foregoing Resolution #C-738-97 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Recorded Vote Yea Nay Absent Councillor Dreslinski Councillor Hannah Councillor Novak Mayor Hamre Councillor Elliott Councillor Pingle Councillor Scott Resolution #C-742-97 Moved by Councillor Elliott, seconded by Councillor Novak THAT the delegation of Viv Woolford be acknowledged; and THAT a report be presented to the General Purpose and Administration Committee on the process required for approval of a mini-plaza at the corner of Liberty Street and Concession Road 3. "CARRIED" Resolution #C-743-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the delegation of Don Welsh and Annabel Sissons be acknowledged and their comments be referred to staff to be considered in conjunction with the report being prepared on the subject matter. "CARRIED" Resolution #C-744-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the delegation of Valerie Dosti be acknowledged and she be advised of Council's decision. "CARRIED" Resolution #C-745-97 Moved by Councillor Scott, seconded by Councillor Novak THAT the delegations of Bill Woods, Rhonda Hooper, Dan Hooper and Linda Gasser be acknowledged; THAT staff prepare a status report on the applications submitted by Mr. and Mrs. Lishman in order to address all questions raised by the residents; . . . Council Agenda - 23 - October 14, 1997 UNFINISHED BUSINESS BY-LAWS THAT a further public meeting be held pertaining to this matter; and THAT Bill Woods, Rhonda Hooper, Dan Hooper and Linda Gasser be advised of Council's decision. "CARRIED" Resolution #C-746-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Mavis Carlton be acknowledged and she be advised of Council's decision. "CARRIED" Resolution #C-747-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegations of Brenton Rickard, Patsy Scott, Robin Ibbotson-Rickard, Jack Eilbeck, Larry Johnson, Linda MacGregor, Erskine Duncan and Ron Webb be acknowledged and they be advised of Council's decision. "CARRIED" Resolution #C-748-97 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: 97-206 being a by-law to designate a certain portion of Registered Plan 40M-1886 as not being subject to Part Lot Control; 97-207 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle; 97-208 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle; 97-209 being a by-law to authorize the execution of an Offer to Lease Agreement between the Corporation of the Municipality of Clarington and Claude Miller in respect of a lease of premises situated at 247 King Street East, Newcastle, Ontario; 97-210 being a by-law to authorize a contract between Brennan Paving & Construction Limited, Markham, Ontario, for the Sidewalk Replacement - Duke Street, Bowmanville and Sidewalk Replacement and Extension - Centre Street, Orono; . . . Council Agenda BY-LAWS - 24 - October 14, 1997 97-211 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and The Bowmanville Lions Club, Bowmanville, Ontario, for the purchase of the Lions Centre at 26 Beech Street, Bowmanville; 97-212 being a by-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and Oshawa/Clarington Adult for Community Living Association in respect of a lease for premises situated at 132 Church Street (Main Level), Bowmanville; 97-213 being a by-law to authorize the execution of a Leasing Agreement between the Corporation of the Municipality of Clarington and John Howard Society in respect of a lease for premises situated at 132 Church Street (Main Level), Bowmanville; 97-214 being a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and James Joseph Couch and Lynn Marie Couch pursuant to the provisions of Section 8 of the Municipal Tax Sales Act; 97-215 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle; 97-216 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle; 97-217 being a by-law to authorize an agreement between the Corporation of the Municipality of Clairngton and Boville Holdings Inc., Bowmanville, Ontario, for the purchase of property at 53 King Street, Bowmanville; 97-218 being a by-law to authorize the closure and conveyance of the unopened portion of Old Highway No.2 in the former Town of Bowmanville, described as Parts 1, 2, and 3, Plan 40R-17727, to the Regional Municipality of Durham and Helen and Beatrice Whyte; 97-220 being a by-law to amend By-law 92-105, as amended; and 97-221 being a by-law to authorize the making of a Front-Ending Agreement between the Municipality of Clarington and Eiram Development Corporation. "CARRIED" Resolution #C-749-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-219, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former Town of Newcastle, and that the said by-law be now read a first and second time. "CARRIED ON THE FOLLOWING RECORDED VOTE" . . . Council Agenda BY-LAWS OTHER BUSINESS CONFIRMING BY-LAW - 25 - October 14, 1997 Recorded Vote Yea Nay Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Mayor Hamre Councillor Pingle Councillor Scott Resolution #C-750-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 97-206 to 97-221 inclusive, be approved. "CARRIED" Resolution #C-751-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT a letter of support for an international ban on land mines and continuing efforts to persuade the United States of America to sign the treaty, be sent to The Honourable Lloyd Axworthy, Minister of Foreign Affairs. "CARRIED" Councillor Novak made a declaration of interest earlier in the meeting, vacated her chair and refrained from voting on the Confirming By-law. Resolution #C-752-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-222, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 14th day of October 1997, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-753-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 97-222 be approved. "CARRIED" . . . Council Agenda ADJOURNMENT - 26 - Resolution #C-754-97 October 14, 1997 Moved by Councillor Scott, seconded by Councillor Elliott THAT the meeting adjourn at 10:36 p.m. "CARRIED" I/(U/~~ ~ MAYOR