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