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HomeMy WebLinkAbout07/11/1994 . MUNICIPALITY OF CLARINGTON Council Minutes July 11, 1994 Minutes of a regular meeting of Council held on Monday, July 11, 1994, at 7:00 p,m., in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were; Mayor D. Hamre Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor J. O'Toole Councillor D, Scott Absent: Councillor A. Dreslinski (due to illness) Also Present: Chief Administrative Officer, W. H. Stockwell Fire Chief, M. Creighton Director of Public Works, W. Evans Municipality's Solicitor, D. Hefferon . Facilities Superintendent, F. Horvath Treasurer,~. ~arano Director of Planning and Development, F. Wu Deputy Clerk, M. Knight MINUTES Resolution #C-446-94 Moved by Councillor Novak, seconded by Councillor Hannah THAT the minutes of a regular meeting of Council held on June 27, 1994, be approved. "CARRIED" DELEGATIONS . Ann Cowman, 57 Darlington Boulevard, Courtice, LIE 2J8, - Clarington Draft OffIcial Plan advised Members of Council that Prestonvale Road was never meant to be an arterial or a collector road. Robert Adams Drive was constructed to relieve traffic congestion from Prestonvale Road. She displayed approximately 18 photos which she took of Farewell Creek and the retention pond located south of Whitec1iffe Boulevard. She fears that the head waters of the creek have dried up because of excessive construction which has taken place over the years to create subdivisions. She requested that a meeting be held with members of staff, herself and Ms, Racansky so that her concerns can be addressed during the preparation of the final version of the Clarington Official Plan. . . . Council Minutes DELEGATIONS COMMUNICATIONS - 2 - July 11, 1994 Ronald Webb, Davis, Webb & Schulze Barristers & Solicitors, Brampton Executive Centre, 8 Nelson Street West, Suite 600, Brampton, L6X 412 advised pr'or to the meeting that he would not be in attendance. Brent Lavictoire, 12 Brown Street, Bowmanville, LlC 2P9 - Report WD-40-94, reiterated his request that Church Street be reconstructed and be no wider then 28 ft. and that parking be prohibited on Church Street. He thanked and commended the Director of Public Works for his cooperation and expertise in this matter. Penny-Ann Davidson, 55 Church Street, Bowmanville, LlC lS8 - Report WD-40-94, concurred with the comments made by Mr. Lavictoire and stated that she wants Church Street to remain a lovely old neighbourhood road with beautiful mature trees. Resolution #C-447-94 Moved by Councillor Novak, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception of Items I - I, I - 10, I - 11 and I - 12. "CARRIED" I - 2 Minutes of the Central Lake Ontario Conservation Authority Meeting held on June 21, 1994; I - 3 Correspondence addressed to Gary Herrema, Regional Chair, Regional Municipality of Durham from Ed Philip, Minister, Ministry of Municipal Affairs - Delegation to the Region of Durham of the Authority to Approve Area Municipal Official Plans and Amendments Thereto Under the Planning Act; I - 4 Correspondence received from B. Cail Maclean, Executive Officer, Durham Region Real Estate Board - Board Name Change; I - 5 Correspondence received from Durham Region District Health Council - Deadline Extension for Submission of Written Comments on Durham's Hospital Services; I - 6 Correspondence received from Francine Tardif-Nicholas, Chairperson, Alliance House Board of Directors - Fund Raiser for Alliance House Women's Shelter and Support Services Inc.; 1-7 Correspondence received from Tony Silipo, Minister, Ministry of C'>mmunity and Social Services - Creation of jobLink Ontario; . . . Council Minutes COMMUNICATIONS I-I Open Local Government LlI.PR I - 10 New Format Retailing and the Public Interest I - 11 Supplementary Assessments F27.CO - 3- July 11, 1994 I - 8 Correspondence received from Paul Coleman, Division Manager, Rogers Cable T.V. Limited - Increase in Monthly Rate for Cable Plus; I - 9 Correspondence received from Tony Silipo, Minister, Ministry of Community and Social Services - Transfer Payment Agencies by Ministry of Community and Social Services; I - 13 Minutes of the Clarington Hydro-Electric Commission meeting held on May 12, 1994; and I - 14 Correspondence received from R.T. Malowney, Director of Education, The Northumberland-Clarington Board of Education - Municipality's Tax Bill Mailing. ResolutioD #C-448-94 Moved by Councillor OToole, seconded by Councillor Novak TIIAT the correspondence dated June 1994, from the Honourable Ed Philip, Minister of Municipal Affairs, pertaining to Open Local Government be received for information; and TIIAT this information be made available to all candidates in the 1994 Municipal Election, IICARRIED" Resolution #C-449-94 Moved by Councillor OToole, seconded by Councillor Scott TIIAT the correspondence dated June 14, 1994, from the Honourable Ed Philip, Minister of Municipal Affairs, pertaining to New Format Retailing and the Public Interest, be received; and TIIAT the correspondence be referred to the Director of Planning and Development for his consideration during the Official Plan process. "CARRIED" Resolution #C-450-94 Moved by Councillor OToole, seconded by Councillor Scott TIIAT the correspondence dated June 30, 1994, from the Township of Uxbridge, pertaining to their passage of Resolution No. 51-94 with regards to supplementary assessments, be received; TIIAT the Township of Uxbridge's Resolution No. 51-94 be endorsed by the Municipality of Clarington; and . . . Council Minutes COMMUNICATIONS I - 12 Green Area around the Orono Library D-2 Municipal Mock Disaster Task Force D - 3 Girl Guides of Canada - Storm Drain Marking Program - 4- July II, 1994 THAT the Honourable Floyd Laughren, Minister of Finance, The Association of Municipalities of Ontario, Gord Mills, M.P,P. and the Township of Uxbridge be advised of Council's decision, "CARRIED" Resolution #C-45l-94 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence received from Patricia Browning and Stephen Wood pertaining to the green area around the Orono Library be received for information. "CARRIED" Resolution #C-452-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated June 17, 1994 from Mel Green, Chairperson, Emergency Codes Committee, Memorial Hospital - Bowmanville requesting a representative from the Municipality to sit on the Municipal Mock Disaster Task Force, be received; THAT the correspondence be referred to the Chief Administrative Officer for appropriate action; and THAT Mel Green be advised of Council's decision. "CARRIED" Resolution #C-453-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated June 21, 1994 from Margaret Crashley, Pineridge District Commissioner, Girl Guides of Canada requesting permission and assistance to carry out the Storm Drain Marking Program in Orono, be received; THAT permission be granted for this request and the Director of Public Works be authorized to assist with this program by providing yellow paint, orange pylons and vests and meeting with the Girl Guides to plan the route; and THAT Margaret Crashley be advised of Council's decision, "CARRIED" . . . Council Minutes COMMUNICATIONS D-5 Clarington Youth Committee - Bowmanville Fire Hall D -7 Draft Official Plan - Medium Density Designation D - 8 Draft Official Plan - North Courtice Area - 5- July 11, 1994 Resolution #C-454-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated June 29, 1994 from Pat Street, Chair and Fleurette Simmonds, Co-Chair, Clarington Youth Committee, regarding their request for the use of the Bowmanville Fire Hall, be received; THAT the correspondence be referred to the Director of Community Services for information; and THAT Pat Street and Fleurette Simmonds be provided with a copy of the Director of Community Services; Report CS-30-94. "CARRIED" Resolution #C-455-94 Moved by Councillor Hannah, seconded by Councillor OToole THAT the correspondence dated June 27, 1994 from Edmond Vanhaverbeke, President, Foster Creek Development Limited regarding the Draft Official Plan, Municipality of Clarington, Village of Newcastle "Medium Density Designation", be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with this matter; and THAT Edmond Vanhaverbeke be advised of Council's decision. "CARRIED" Resolution #C-456-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated June 28, 1994 from John J. Foley, Kingsberry Properties regarding the Clarington Draft Official Plan, North Courtice Area, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with this matter; and THAT John J. Foley be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 9 Big Brother Month D-13 Ontario Parks Association - Community Parks Week D - 14 Bramalea Project Port of Newcastle - 6- July II, 1994 Resolution #C-457-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated July 4, 1994 from Nancy Scott, Executive Director, Big Brothers of Clarington regarding Big Brother Month, be received; THAT the month of September 1994 be proclaimed "Big Brother Month" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted to Big Brothers of Clarington to fly their flag in the Town Square during Big Brother Month; and THAT Nancy Scott be advised of Council's decision. ItCARRIED" Resolution #C-458-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated June 24, 1994 from Denyse Morrissey, Executive Director, Ontario Parks Association regarding Community Parks Week, be received; THAT the week of October I - 7, 1994 be proclaimed "Community Parks Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Denyse Morrissey be advised of Council's decision, "CARRIED" Resolution #C-459-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated June 25, 1994 from Dr. T.H. Holmes regarding the Bramalea Project, Port of Newcastle, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with this matter; and THAT Dr. T.H. Holmes be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D -1 Bell Canada - Gross Receipts Tax System CIO.AD D - 4 C.L.O.CA - Request for Funding D-6 1994 Oshawa/Whitbyl Clarington This Week Salmon Derby M02.GE - 7 - July II, 1994 Mayor Hamre declared a conflict of interest pertaining to Item D - 1; vacated her chair and refrained from discussion or voting on the subject matter; members of Mayor Hamre's family are employed by Bell Canada. Acting Mayor J, O'Toole chaired this portion of the meeting. Resolution #C-460-94 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated June 15, 1994 from the Town of Newmarket pertaining to the passage of their Resolution No. R-II-94 with regards to the Province of Ontario's review of the Gross Receipts Tax System which is levied by municipalities on telephone and telegraph companies, namely Bell Canada, be received; THAT the Town of Newmarket's Resolution No. R-II-94 be endorsed by the Municipality of Clarington; and THAT the Premier of Ontario, the Minister of Revenue, Gord Mills, M.P.P., the Association of Municipalities of Ontario and the Town of Newmarket be advised of Council's decision. "CARRIED" Mayor Hamre re-assumed the chair. Resolution #C-46l-94 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated June 24, 1994 from Central Lake Ontario Conservation Authority requesting funds regarding the Waterfront Trail Program be received; THAT the correspondence be referred to the Chief Administrative Officer to review with the appropriate staff and report back; and THAT R.D. Clow, Conservation Area Manager be advised of Council's decision. "CARRIED" Resolution #C-462-94 Moved by Councillor O'Toole, seconded by Councillor Scott THAT the correspondence dated June 15, 1995 from Eddie Kolodziejczak, Salmon Derby Chairman, Oshawa/Whitby/Clarington this Week requesting financial support for the 1994 Oshawa/Whitby/Clarington This Week Salmon Derby, be received; . . . Council Minutes COMMUNICATIONS 0-10 St. John Ambulance - request for Grant 0-11 Supplementary Assessments F27.CO D.12 Election of Councillor L. Hannah to the Board of Directors . Ontario Traffic Conference A01.AS - 8- July 11, 1994 THAT the Municipality of Clarington donate a gift certificate from the Canadian Tire Corporation Associates Store in Bowmanville in the amount of $200 as a prize on behalf of the Municipality of Clarington; and THAT Eddie Kolodziejczak be advised of Council's decision. "CARRIED" Resolution #C-463-94 Moved by Councillor O'Toole, seconded by Councillor Scott THAT the correspondence dated June 22, 1994 from Lynda Lawson, Executive Director, St. John Ambulance, requesting a grant for 1994, be received for information; and THAT Lynda Lawson be advised of the Municipality of Clarington's grant procedure. "CARRIED" Resolution #C-464.94 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the correspondence dated June 23, 1994 from the Town of Newmarket, pertaining to passage of their Resolution No. R12-94 with regards to Supplementary Assessments be received; THAT the Town of Newmarket's Resolution No. R12-94 be endorsed by the Municipality of Clarington; and THAT Gord Mills, M.P.P., the Association of the Municipalities of Ontario and the Town of Newmarket be advised of Council's decision. "CARRIEDlI Resolution #C-465-94 Moved by Councillor Scott, seconded by Councillor Novak THAT the correspondence dated June 20, 1994 from D.T, Crosbie, Secretary, The Ontario Traffic Conference, advising of the election of Councillor L. Hannah to the Board of Directors of the Ontario Traffic Conference, be received; and THAT Councillor Hannah be congratulated on this appointment. "CARRIED" . . . Council Minutes MOTION NOTICE OF MOTION REPORTS Report #1 G.P.A. Report July 4, 1994 Item No, 31 Reconstruction of Church Street Bowmanville - 9 - July 11, 1994 Resolution #C-466-94 Moved by Councillor Scott, seconded by Councillor O'Toole THAT the General Purpose and Administration Committee Report of July 4, 1994, be approved with the exception of Item No.3!. "CARRIED" Resolution #C-467-94 Moved by Councillor Scott, seconded by Councillor O'Toole THAT Report WD-40-94 be received; THAT Penny-Ann Davidson, Brent Lavictoire and the other residents on Church Street be thanked for the considerable amount of time they spent in attempting to arrive at a consensus on how to deal with the concerns of the residents and be advised that: a) The pavement width will be 9.5 m (31.2 feet) from edge to edge of pavement. On the north side of Church Street there will be a 0.7 m (2.2 feet) boulevard (location for the hydro poles and signs) between the north edge of the curb and the south edge of the new sidewalk. The new sidewalk will be 1.2 m (4 feet) wide and the north edge of the new sidewalk will be 0.9 m (3 feet), more or less, north of the north edge of the existing sidewalk. The distance from the north edge of the new sidewalk and the north limit of the road allowance will be 2.94 m (9,65 feet). On the south side of Church Street, between Division and George Streets, there will be no boulevard. The sidewalk will be 1.5 m (5.0 feet) wide and the south edge of the new sidewalk will be 0.3 m (1.0 feet) further south than the south edge of the existing sidewalk. On the south side of Church Street, between George and Liberty Streets, there will be no boulevard. The sidewalk will be 1.5 m (5 feet) wide and the south edge of the new sidewalk will be at the same location, more or less, of the south edge of the existing sidewalk. The distance between the south edge of the new sidewalk and tbe south limit of the road allowance will be 3.26 m (10.8 feet). b) Subject to the approval of the residents on Church Street, the homes will be inspected prior to construction to provide a baseline for future claims from the residents in the event of damage to their homes during construction; . . . Council Minutes REPORTS - 10- July II, 1994 c) Since there will be little or no boulevard on Church Street for snow storage, the snow will be removed from Church Street, as required, to ensure that the sidewalk can be used during the winter months; d) A streelscape plan will be prepared by a landscape architect for the planting of trees on both sides of Church Street on private property, subject to the approval of each property owner. The streetscape plan will be reviewed with the residents of Church Street at an Information Centre to be held in the Fall of 1994 with the intent of planting the trees in the Spring and/or Fall of 1995; e) The boulevard on the north side will be paved with interlocking brick and/or sodded as agreed with the residents at a future date after further consultation; THAT the Director of Public Works be authorized to replace the existing decorative street lights on Church and Division Streets with new decorative street lights at a cost estimated to be $24,000; THAT the proposed By-laws (Attachment Nos. 4, 5 and 6) be forwarded to Council for approval to provide for NO PARKING on both sides of Church Street from Temperance Street to Liberty Street and for an all-way stop at the Church Street/George Street intersection; and THAT Penny-Ann Davidson, Brent Lavictoire and the other residents of Church Street be provided with a copy of Report WD-40-94 and be advised of Council's decision. "CARRIED AS AMENDED LA1ER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-468-94 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the foregoing Resolution #C-467-94 be amended by deleting the first line of paragraph a) which reads as follows: "The pavement width will be 9.5 m (31.2 feet) from edge to edge of pavement", And replacing it with the following wording: "The pavement width will be 8.5 m (27.9 feet) from edge to edge of pavement and parking will be prohibited on both sides of Church Street." "CARRIED ON THE FOLLOWING RECORDED V01E" . . . Council Minutes REPORTS Report #2 Designated Property Grant Application St. George's Church Report #3 Designated Property Grant Application Glen Millson - 11 - July 11, 1994 Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre The foregoing Resolution #C-467-94 was then put to a vote and "CARRIED AS AMENDED". Resolution #C-469-94 Moved by Councillor Scott, seconded by Councillor O'Toole THAT Report CD-29-94 be received; THAT the Designated Property Grant Application submitted by St. George's Church in the amount of $3,000.00 be approved in principle; THAT the funds required be taken from the Miscellaneous Clearing Account #1003-00015-0000; and THAT Mr. John Wynn, Church Warden, Mrs. Diana Grandfield, Chairman, Local Architectural Conservation Advisory Committee and the Ministry of Culture, Tourism and Recreation, be advised of the actions taken. "CARRIED" Resolution #C-470-94 Moved by Councillor O'Toole, seconded by Councillor Scott THAT Report CD-30-94 be received; THAT the Designated Property Grant Application submitted by St. George's Church in the amount of $3,000.00 be approved in principle; THAT the funds required be taken from the Miscellaneous Clearing Account #1003-00015-0000; and THAT Mr. Glen Millson, Mrs. Diana Grandfield, Chairman, Local Architectural Conservation Advisory Committee and the Ministry of Culture, Tourism and Recreation, be advised of the actions taken. "CARRIED" . . . Council Minutes REPORTS Report #4 - 12- July 11, 1994 Resolution #C-471-94 Moved by Councillor Elliott, seconded by Councillor Hannah THAT Report WD-44-94 and relevant proposed By-laws numbered 94-114 to 94- 119 inclusive be withdrawn from the agenda. UNFINISHED BUSINESS "CARRIED" Delegation of A Cowman - Clarington Draft Official Plan BY-LAWS Resolution #C-472-94 Moved by Councillor Elliott, seconded by Councillor Hannah THAT the delegation of Mrs. Ann Cowman, be acknowledged; THAT staff be directed to schedule a meeting with Mrs, Cowman and Ms. Racansky to discuss concerns pertaining to the Clarington Draft Official Plan, including Prestonvale Road; and THAT Ann Cowman be advised of Council's decision. "CARRIED" Proposed By-laws numbered 94-114 to 94-119 inclusive were withdrawn from the agenda earlier in the Meeting. See Resolution #C-471-94. Resolution #C-473-94 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 94-103 being a by-law to designate a certain portion of Registered Plan 4CM 1764 as not being subject to Part Lot Control; 94-104 being a by-law to Regulate the Display and Sale of Adult Magazines and Adult FilmsNideotape; 94-105 being a by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act, R.S.O. 1990 and to Repeal By-law 94-14; 94-106 being a by-law to repeal Schedule "A" of By-law 94-79 and replace it with a new Schedule "A" to appoint certain persons as Parking Enforcement Officers for the Bowmanville Memorial Hospital; . . . Council Minutes BY-LAWS OTHER BUSINESS - 13- July 11, 1994 94-107 being a by-law to authorize a contract between Mark Van-Hout in respect of the Operation of the Pro Shop located at the Bowmanville Recreation Complex; 94-108 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Esposito Brothers Construction Limited, Toronto, Ontario in respect of the Newtonville Sidewalk Construction; 94-109 being a by-law to amend By-law 91-58 being a by-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 94-110 being a by-law to amend By-law 91-58 being a by-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 94-111 being a by-law to amend By-law 91-58 being a by-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington; 94-112 being a by-law to establish and layout a public highway and name the highway Leigh Street in Part Lot 28, Concession 5, former Township of Clarke, now Municipality of Clarington; and 94-113 being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Clarington and Rose-Marie McIsaac for the purchase of certain lands required for the reconstruction of Station Street and Princess Street and for the construction of Leigh Street in the Municipality of Clarington. "CARRIED" Resolution #C-474-94 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and final reading of By-laws 94-103 to 94-113 inclusive, be approved. "CARRIED" Resolution #C-475-94 Moved by Councillor Scott, seconded by Councillor Hannah THAT Council move into Committee of the Whole. "CARRIED" . . . Council Minutes OTHER BUSINESS CONFIRMING BY-LAW - 14 - July 11, 1994 Resolution #C-476-94 Moved by Councillor Scott, seconded by Councillor Hannah THAT the meeting be "In Camera" for consideration of a legal matter. "CARRIED" Resolution #C-477-94 Moved by Councillor Novak, seconded by Councillor O'Toole THAT the actions taken "In Camera" be approved. "CARRIED" Resolution #C-478-94 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce By-law 94-114, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 11th day of July 1994, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-479-94 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and final reading of By-law 94-114 be approved. "CARRIED" . . . Council Minutes ADJOURNMENT - 15 - Resolution #C-480-94 July 11, 1994 Moved by Councillor Scott, seconded by Councillor Hannah THAT the meeting adjourn at 8:30 p.m. "CARRIED" $j4'A~ / AYOR , I l