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HomeMy WebLinkAbout07/17/1995 . . . Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON July 17, 1995 Minutes of a regular meeting of Council held on Monday, July 17, 1995, at 7:00 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 Fire Chief, M. Creighton (Attended Until 10:00 p.m.) Solicitor, D. Hefferon (Attended Until 10:00 p.m.) Community Services Facilities Superintendent, F. Horvath (Attended Until 10:00 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes (Attended Until 10:00 p.m.) Director of Planning and Development, F. Wu (Attended Until 10:00 p.m.) Deputy Clerk, M. Knight DECLARATIONS OF INTEREST Councillor Novak stated that she would be making a declaration of interest with respect to Correspondence Item D - 4. Councillor Novak indicated that she resides in close proximity to the North Courtice Urban Expansion. Councillor Novak stated that she would be making a declaration of interest with respect to Item #5 of Report #1 (Report PD-70-95). Councillor Novak indicated that a family member resides on the subject street. Councillor Pingle stated that she would be making a declaration of interest with respect to the Confidential Property Matter to be discussed "In Camera." Councillor Pingle indicated that she resides in close proximity of the subject site. Mayor Hamre welcomed Councillor Elliott as the Municipality of Clarington's newly appointed Member of Regional Council for Ward 2. . . . Council Minutes - 2- July 17, 1995 MINUTES OF PREVIOUS MEETINGS PRESENTATION DELEGATIONS Resolution #C-508-95 Moved by Councillor Pingle, seconded by Councillor Scott THAT the minutes of a regular meeting of Council held on June 26, 1995 be approved. "CARRIED" Resolution #C-509-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the minutes of a special meeting of Council held on July 10, 1995, be approved. "CARRIEDIl Mayor Diane Hamre presented and congratulated Paul Murdoch on winning various medals in the Karate Competitions at the Provincial and Federal levels. She advised that Paul Murdoch would be representing Canada at the Pan-Am Games. Barry Stern, Project Manager, Barmond Builders Ltd., 23 Lesmill Road, Suite 401, North York, M3B 3P6, advised that, in his view, there is one outstanding item pertaining to Official Plan Amendment #56. He requested Council to approve the by-law but not the figures detining the drug and clothing warehouse. Dan Strike, Strike Salmers and Furlong, 38 King Street West, P.O. Box 7, Bowrnanville, Ll C 3K8, called prior to the meeting and advised that he would not be in attendance. Gerry Houston, Chairman and Gayle Wood, Chief Administrative Officer, Ganaraska Region Conservation Authority, P.O. Box 328, Port Hope, LlA 3W4, referred to the Ganaraska Region Conservation Authority's correspondence dated June 30, 1995, listed as Item D-18 of the Council agenda. He requested that Council endorse in principle the TCC document, "Agreement for Success" because the Conservation Authority believes that further efficiencies can be achieved by pursuing the concept of merger. Harvey Thompson, Chairman, Clarington Community Liaison Group, 4720 Concession Road 6, RR #1, Newtonville, LOA 110, circulated correspondence dated July 17, 1995, which described various activities that the Clarington Community Liaison Group have undertaken, which includes: . . . Council Minutes DELEGATIONS - 3- July 17, 1995 a) The preparation of a newsletter and delivery to Port Granby residents; b) Monthly meetings held in the Newtonville Community Hall; c) Preparation of a final report to Council to be presented this fall; and d) A case study at the Welcome Waste Management Facility (WWMF) which is in progress on the marginally contaminated soil at that location. Stan Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, Friends of the Farewell Creek, circulated correspondence dated July 16, 1995, and a report entitled "Water Resources Protection Strategy - Implementation Plan - Regional Municipality of Waterloo." He advised that a home video on Courtice North was being left in the Municipal Administrative building for Council's viewing. The video reflects the beauty that still exists around the creeks and also shows the eroding, neglected and polluted sections around the developed areas in Courtice. He requested that a watershed study be undertaken for Courtice. Kerry Meydam, 3828 Trulls Road, Courtice, LIE 2L3, circulated correspondence dated July 17, 1995, which delved into the background of the dog shooting incident and requested that this issue be resolved as soon as possible. Linda Gasser, P.O. Box 399, Orono, LOB IMO, circulated a copy of her presentation and a document entitled "Questions to be answered by W. Stockwell, Chief Administrative Officer - Re: Dog Shooting." She delved into the background of the dog shooting incident and requested that this matter be resolved as soon as possible. Brenton Rickard, 507 Mill Street South, Newcastle, LIB lC5, requested a grant of $10,000 for the Newcastle Hall Board and requested that the amount of $2,000 which had been withdrawn from the Massey Trust Fund, be replaced. Bill Tomlinson, 5071 Main Street, Box 294, Orono, LOB IMO, advised that the Durham Agricultural Society should work more closely with Council and requested that the Chief Administrative Officer, W. Stockwell, be appointed to the Management Board of the Durham Agricultural Society. He noted that he was very pleased with the suocess of the 1994 rodeo and was looking forward to the Clarington Night which will be held at the Orono Fairgrounds. Evylin Stroud, 89 Little Avenue, Bowmanville, LIC 119, circulated correspondence dated July 17, 1995, wherein she expressed concern for the exit and entrance from Wendy's and Tim Hortons directly onto Regional Road 57. She stated that this has the potential for a disastrous accident. She questioned the location of the placement of the two signs at the southwest corners of Hancock RoadjNash Road and Rundle RoadjNash Road, stating that they obstruct the view of drivers. . . . Council Minutes RECESS COMMUNICATIONS - 4 - July 17, 1995 Resolution #C-510-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess for ten minutes. IICARRIED" The meeting reconvened at 8:55 p.m. Resolution #C-511-95 Moved by Councillor Novak, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception of Items I - 22, I - 25 and I - 29. "CARRIED" 1- 1 Correspondence received from Clarke Museum and Archives - Press Release, Giant Second Hand Book Sale Breaks all Previous Records; I - 2 Carmen Hall, A/Director, Aocessible Transportation Policy and Programs, Transport Canada - National Strategy for the Integration of Persons with Disabilities (1991-1996); I - 3 Correspondence received from Siting Task Force - Cavern Facility - a $34 Million Opportunity, Top 10 Employer I - 4 Correspondence received from V.A. Silgailis, Commissioner of Works, Region of Durham - Odd-Even Day Lawn Watering Practice by Area Municipalities; I - 5 Correspondence received from Barbara Baker, Library Director - 1994 Audited Statement from Deloitte & Touche; I - 6 Correspondence received from C. Lundy, Clerk, Region of Durham - Urbanization Study; I - 7 Correspondence received from C. Lundy, Clerk, Region of Durham - Collection of Household Mixed Paper Fibres from the Residential Curbside Blue Box Program; I - 8 Correspondence received from Clarke Museum & Archives - Minutes of June 6, 1995 Meeting; . . . Council Minutes COMMUNICATIONS - 5- July 17, 1995 I - 9 Correspondence received from the Association of Municipalities of Ontario - MUNICOM Electronic Network; I - 10 Correspondence received from Greater Toronto Area Task Force - GTA Fax News I - 11 Correspondence received from Rick D. Clow, Conservation Areas Manager, Central Lake Ontario Conservation Authority - Status Report Outlining Property Matters; I - 12 Correspondence received from the Regional Municipality of Durham, Planning Department, - Airport Issues in the Greater Toronto Area; I - 13 Correspondence received from Sandy Cook - Dog Shooting Incident; I - 14 Correspondence received from Insp. N.M. Desjardine, Durham Regional Police Service - Thank you letter for Co-operation received during their Truck Safety Blitz, May 23-26, 1995; I - 15 Correspondence received from Angelo Lombardo, Special Events Representative, Ontario Federation of Anglers & Hunters - Thank you letter for success of the Ganaraska Forest Centre; I - 16 Correspondence received from Merv Bowen, Regional Assessment Commissioner, Assessment Region No. 13, Region of Durham - 1994 Annual Review for the Property Assessment Division; I - 17 Correspondence received from Carol Smitton, Committee Secretary, Region of Durham - Delegation of Mr. Hasiuk requesting traffic lights at Holt Road and Highway 2, Courtice; I - 18 Correspondence received from Association of Municipalities of Ontario - Request for Nominations, 1995-96 AMO Board of Directors; I - 19 Correspondence received from David Crombie, Waterfront Trail - 1995 Lake Ontario Waterfront Trail Tour; I - 20 Correspondence received from John Fisher, Chairman, National Community Tree Foundation - Green Streets Canada; I - 21 Correspondence received from Jim Blair, Director, Current Operations Branch, Region of Durham - Application to Amend the Durham Regional Official Plan under the Amended Planning Act, Submitted by Gertrude Tomina to Permit a Golf Driving Range in the Municipality of Clarington; . Council Minutes COMMUNICATIONS - 6 - July 17, 1995 I - 23 Correspondence received from Viviane Swann, Resolutions Policy Analyst, Federation of Canadian Municipalities - Request for Resolutions for Consideration at the September 1995 Meeting of FCM National Board of Directors; I - 24 Correspondence received from Philip Byer, Chair, Ministry of Environment and Energy - Public Meeting and Request for Submissions on MOEE/GO Transit Draft Noise and Vibration Protocol; 1-26 1-27 1-28 1-30 I - 31 . 1-32 1-22 Referrals to the Durham Regional Ofticial Plan D08.DU 1-25 v - J Day Commemorations M02.GE . Correspondence received from E. Logan, Secretaryrrreasurer, BowmanviIle Museum - Minutes of meeting held June 14, 1995; Correspondence received from Clarke Museum, - Call for Submissions to Museum Journal "CUROS"; Correspondence received from Carolyn Scatterty, Ontario Hydro - Ontario Hydro Press Release; Correspondence received from Rogers Community 10 - Press Release - Rogers Community 10 Strikes Gold at Hometown Awards; Correspondence received from Pierre Charlebois, Station Director, Pickering Nuclear Division - Recent Reports on Pickering; and News Release received from the Siting Task Force - Securing Local Employment - Focus of Deep River Benefits Package. Resolution #C-512-95 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence dated July 4, 1995, from Valerie Cranmer, Director, Strategic Planning Branch, Region of Durham, pertaining to Referrals to the Durham Regional Official Plan, Procedural Directions and Order of the Ontario Municipal Board for the Second Pre-hearing Conference held on April 21, 1995, be received for information. "CARRIED" Resolution #C-513-95 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the correspondence dated July 6, 1995, from Nancy Siew, Co-ordinator, Canada Remembers, Veterans Mfairs Canada - V-J Day Commemoration, requesting municipalities to participate in the V -J Day Commemoration, be received; and THAT the correspondence be referred to the Chief Administrative Officer and appropriate staff to set up an action plan, including a floral tribute at the entrance to the community, and that a written report be ready for review by August 15, 1995. "CARRIED!1 . . . Council Minutes COMMUNICATIONS 1-29 News Release re: G.T.A Task Force M06.GE D -1 Proclamation of Community Parks Week M02.GE D-6 Proclamation of Arthritis Month M02.GE - 7- July 17, 1995 Resolution #C-514-95 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence dated July 11, 1995, from AF. Leach, Minister, Ministry of Municipal Affairs and Housing, pertaining to the Greater Toronto Area Task Force, be received for information. nCARRIEDII Resolution #C-515-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated June 26, 1995, from Denyse Morrissey, Executive Director, Ontario Parks Association, requesting the proclamation of "Community Parks Week" be received; THAT the week of October 1 - 7, 1995, 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-516-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 10, 1995 from Gillian Kent, Project Co- ordinator, The Arthritis Society, requesting the proclamation of "Arthritis Month" be received; THAT the month of September be proclaimed "Arthritis Month" in the Municipality of Clarington and advertised in aocordance with municipal policy; THAT the Arthritis Society be allowed to fly the "Bluebird Flag" outside the Municipal Administrative Centre; and THAT Gillian Kent be advised of Council's decision. IICARRIEDn . . . Council Minutes COMMUNICATIONS D-7 Nevada Licence Oshawa Turul Youth Association P09.0S D-8 Four-Way Stop Lawrence Crescent and Waverley Road T07.GE D-9 Bowmanville BIA Midnite Madness Sale M02.GE - 8- July 17, 1995 Resolution #C-517-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the application to manage and conduct a Nevada Ticket Lottery at Checkers Variety, Centre field Drive, Courtice, submitted by the Oshawa TuruJ Soccer Club, be received; THAT the request of the Oshawa Turul Soocer Club be approved subject to their compliance with the terms and conditions imposed by the Municipality of Clarington and the Province; and THAT Barry King, Treasurer, be advised of Council's decision. "CARRIED" Resolution #C-518-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated June 30, 1995 from Cheryl Kennedy requesting stop signs at some intersections, be received; and THAT a copy of Report WD-11-95 re: Ninety-seven (97) Requests for All-way Stops, be forwarded to Cheryl Kennedy for her information. "CARRIED" Resolution #C-519-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 10, 1995 from Garth Gilpin, Bowrnanville Business Centre, requesting the closing of Temperance Street North from King Street to Church Street on August 18, 1995, be received; THAT the request be approved provided the applicant applies for and obtains a road occupancy permit from the Public Works Department; and THAT Garth Gilpin be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-1O Proclamation of Hospice Week M02.GE D-11 Waterfront Study D03.WA D-13 Proclamation of Project Purple Week M02.GE - 9- July 17, 1995 Resolution #C-520-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 4, 1995 from John Fowles, Chairman, Ajax/Pickering Advisory Committee, requesting proclamation of "Hospice Week", be received; THAT the week of October 16 - 26, 1995 to proclaimed "Hospice Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT John Fowles be advised of Council's decision. "CARRIED" Resolution #C-521-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 5, 1995 from Elizabeth Bushe, Committee Co-ordinator, City of Scarborough, pertaining to Metropolitan Toronto and Region Remedial Action Plan, Stage 2 Report, be received; THAT the correspondence be referred to the Director of Public Works for a direct reply; and THAT Elizabeth Bushe be advised of Council's decision. "CARRIED" Resolution #C-522-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 7, 1995 from the Ontario Federation of Anglers & Hunters requesting proclamation of "Project Purple Week", be received; THAT the week of August 1 - 7, 1995 be proclaimed "Project Purple Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Dr. T.E Quinney, Provincial Coordinator, be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 17 Annual Terry Fox Run M02.GE D -19 Triathlon Bike and Run Event M02.GE D - 20 Proclamation of World Breatsfeeding Week M02.GE D - 21 Removal of Signs in the Downtown Area T07.GE - 10- July 17, 1995 Resolution #C-523-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence received from Joanne Chiusolo, Courtice Secondary School, requesting the use of various roads in the municipality to complete their Annual Terry Fox Run for Cancer Research on September 28, 1995, be received; THAT the request be approved provided the applicant applies for and obtains a road occupancy permit from the Public Works Department; and THAT Joanne Chiusolo be advised of Council's decision. "CARRIED" Resolution #C-524-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 14, 1995, from Bonnie Hibbert, Clarington Kids of Steel, requesting permission to hold a Triathlon Bike and Run Event on August 26, 1995, be received; THAT the request be approved provided the applicant applies for and obtains a Road Occupancy Permit from the Public Works Department; and THAT Bonnie Hibbert be advised of Council's decision. "CARRIED" Resolution #C-525-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated June 16, 1995, from Donna Schinkel, Durham Region Breastfeeding Coalition, requesting the proclamation of "World Breastfeeding Week", be received; THAT the week of August 1 to 7, 1995, be proclaimed "World Breastfeeding Week" in the Municipality of Clarington and advertised in accordance with Municipal Policy; and THAT Donna Schinkel be advised of Council's decision. IICARRIED" Resolution #C-526-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated July 13, 1995, from Garth Gilpin, Bowrnanville Business Centre, requesting the removal of advertising signs on the poles in the downtown and throughout the area in general, be received; . . . Council Minutes COMMUNICATIONS D - 21 Cont'd D-4 North Courtice Urban Expansion D08.CO D-5 Mosport Park Pll.MO - 11- July 17, 1995 THAT the request be referred to'the Director of Public Works and the Clerk's Department, By-law Division for appropriate action; and THAT Garth Gilpin be advised of Council's decision. "CARRIED" Councillor Novak made a declaration of interest with respect to Correspondence Item D - 4, vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in close proximity to the North Courtice Urban Expansion. Resolution #C-527-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated June 28, 1995, from David B. Greenspan requesting the designation of the North Courtice Urban Expansion Area for residential development, be received; THAT the correspondence be referred to the Director of Planning and Development for consideration in conjunction with the Oftlcial Plan Review; and THAT David B. Greenspan be advised of Council's decision. "CARRIED" Mayor Hamre stated that she had received several complaints during the weekend pertaining to the dance which was held at Mosport Park on July 14, 15 and 16, 1995. She advised that the level of noise was unaoceptable. The Chief Administrative Officer advised that he and the Municipality's Solicitor had liaised with Mosport earlier that day and that it is recommended that no further public entertainment licences be issued until such time as this matter has been satisfactorily resolved. Resolution #C-529-95 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated June 16, 1995 from Caterina E. Gucciardi, pertaining to the North Clarington Ratepayers Association, be received; THAT the correspondence be referred to the Chief Administrative Officer and Solicitor for appropriate action; and THAT Caterina E. Gucciardi be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 14 Request for Crossing Guard Mearns and Soper Creek Drive T07.GE D - 22 Request for Three-Way Stop Sign - Mill St. T07.GE D-2 Recommendations From the City of Toronto CIO.AD D - 3 Resolution re: Regional Market Value Assessment ClO.AD - 12- July 17, 1995 Resolution #C-530-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the correspondence dated July 6, 1995 from RT. Malowney, Director of Education, The Northumberland-Clarington Board of Education, requesting the implementation of a crossing guard at Mearns Avenue and Soper Creek Drive be tabled to allow for further review with the School Board Trustees. "CARRIED" Resolution #C-531-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT the correspondence dated July 13, 1995, from Ken and Jane Donaldson, requesting a three-way stop sign on Mill Street, south of the train bridge, be received; THAT the correspondence be referred to the Director of Public Works for a report to be submitted to the General Purpose and Administration Committee; and THAT Ken and Jane Donaldson be advised of Council's decision. "CARRIED" Resolution #C-532-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated June 29, 1995, from the City of Toronto, requesting endorsement of the Bill of Dissolution, be received for information. "CARRIED" Resolution #C-533-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the correspondence dated June 26, 1995, received from Michelle A. Seguin, The Corporation of the Town of Oakville, requesting endorsement of a resolution pertaining to a moratorium on market value assessment, be received for information. llCARRIED" . . . Council Minutes COMMUNICATIONS 0-12 Resolution re: Board of Education Gratuities CIO.AD D - 15 Resolution re: Vicious Dog By-law ClO.AD D -16 Credit Counselling Service of Durham Region Request for Grant Fll.CH D- 18 Ganaraska Region Trent Conservation Coalition AOl.GA - 13- July 17, 1995 Resolution #C-534-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the correspondence dated June 30, 1995, from Beth Vosbourgh, Deputy Clerk-Treasurer, The Corporation of the Village of Colborne, requesting endorsement of a resolution pertaining to the Board of Education's Sick Day Gratuities, be received for information. IICARRIED" Resolution #C-535-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated July 7, 1995, from Tammi Carleton, Committee Secretary, Town of Georgina, requesting endorsement of a Vicious Dog By-law, be received for information. "CARRIED" Resolution #C-536-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated July 5, 1995, from Sandra Sherk, Executive Director, Credit Counselling Service of Durham Region, requesting reconsideration for the approval of a grant, be received; THAT the request for a grant be denied as the Credit Counselling Service of Durham Region's application for a grant reflected a surplus of funds; and THAT Sandra Sherk be advised of Council's decision. "CARRIED" Resolution #C-537-95 Moved by Councillor Dreslinski, seconded by Councillor Scott WHEREAS the Ganaraska Region Conservation Authority signed a partnership agreement on November 16, 1994, with their neighbouring conservation authorities to form the Trent Conservation Coalition (TCC), in order to provide a better and more cost efffective service to the taxpayers; AND WHEREAS the Conservation Authorities believe that further efficiencies can be achieved by pursuing the concept of merger; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington endorses, in principle, the TCC Document "Agreement for Success"; and THAT the Ganaraska Conservation Authority be advised of Council's decision. "CARRIED" . . . Council Minutes MOTION NOTICE OF MOTION - 14 - July 17, 1995 COMMITTEE REPORTS Resolution #C-538-95 Report #1 G.P.A. Report July 10, 1995 Item #5 Item #16 Item #17 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the General Purpose and Administration Committee Report of July 10, 1995, be approved with the exception of Items #5, #16, #17, and #34. "CARRIED" Councillor Novak made a declaration of interest with respect to Item #5 of Report #1 (Report PD-70-95), vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that a family member resides on the subject street. Resolution #C-539-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report PD-70-95 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, submitted by D.G. Biddle and Associates on behalf of Clarington Development Corporation, be referred back to staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and THAT the Durham Region Planning Department, all interested parties listed in Report PD-70-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-540-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Items #16 and #17 of Report #1 pertaining to Reports PD-84-95 and PD-85-95, be referred to the end of the agenda to be considered later in the meeting. "CARRIEDU . . . Council Minutes REPORTS Item #34 Requests for Crossing Guards T08.GE Report #2 Statements of Disclosure - 1994 Municipal Election C07.ST Report #3 - 15 - July 17, 1995 Resolution #C-541-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report WD-30-95 be tabled to allow further review with the School Board Trustees; THAT the Director of Public Works prepare a report for submission to the General Purpose and Administration Committee; and THAT the interested parties be advised of Council's decision. "CARRIED" Resolution #C-542-95 Moved by Councillor Pingle, seconded by Councillor Scott THAT Report CD-23-95 be received for information. "CARRIED" Resolution #C-543-95 Co-Operative Tender Moved by Councillor Scott, seconded by Councillor Pingle Domestic Fuel Oil FI8.QU THAT Report TR-59-95 be received; Report #4 Tender CL95-25 Rotary Park F18.QU THAT Thermoshell Inc., North York, Ontario, with a net unit price in the amount of $ .2299 per litre (including G.S.T.), meeting all terms, conditions and specifications of the Durham Region Catholic Separate School Board Co- operative Tender, be awarded the contract to supply and deliver No.2 Domestic Fuel Oil to the Municipality of Clarington for the 1995196 winter season; and THAT the funds expended be drawn from the 1995196 budget allocation for heating of facilities. "CARRIED!1 Resolution #C-544-95 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report TR-60-95 be received; THAT Rutherford Contracting Ltd., Gormley, Ontario, with a total bid in the amount of $518,200.06, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL95-25, be awarded the contract for Rotary Park - Phase IV, as required by the Department of Community Services; THAT the By-law attached to Report TR-60-95 be forwarded to Council for approval; . . . Council Minutes REPORTS Report #4 Report #5 Closure of Temperance Street Clarington Rodeo Days M02.GE Report #6 Willowbrook Gardens Subdivision Liza Developments Subdivision - 16 - July 17, 1995 THAT the funds in the amount of $480,000 be drawn from the approved 1995 Community Services Capital Budget Account #7603-00001-0516; and THAT the additional funds required in the amount of $68,200.06 ($518,200.06 Contract plus $30,000 Consulting minus $480,000.00 Budget Allocation) be drawn from the Community Services Lot Levy Account #1110-00156-0000. "CARRIED" Resolution #C-545-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report WD-36-95 be received; THAT Temperance Street be closed from 11:00 a.m. to 2:00 p.m., on Thursday, August 24, 1995, between King Street and Church Street; and THAT the Director of Public Works make the necessary arrangements for the closure. "CARRIED" Resolution #C-546-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report WD-37-95 be received; THAT Resolution #GPA-128-94 passed by Council at its meeting of March 14, 1994, by which Council adopted the recommendations contained in Report WD-15-94 be amended: a) by deleting Recommendation 2 and replacing it with the following: "2. THAT the Municipality enter into an agreement with the Royal Bank of Canada respecting the completion of the outstanding works in the Willowbrook Gardens Subdivision Agreement (Plan 40M-1676) in a form satisfactory to the Director of Public Works (the "Director") which agreement shall include the undertaking of the Royal Bank of Canada as follows: a) To acknowledge the propriety of the actions taken by the Municipality and its officials in appropriating funds under the Letter of Credit; b) To pay, on presentation of appropriate invoices, all reasonable legal and consulting costs or miscellaneous costs (i.e. snowclearing, snowfence) incurred or to be incurred by the Municipality as a result of the default of Ashdale Capital Corporation Ltd., in completing the works as required by the Subdivision Agreement; . . . Council Minutes REPORTS Report #6 Cont'd c) - 17- July 17, 1995 The completion of the works required by the Subdivision Agreement including the south portion of the Bradshaw Street Urban Upgrading Work and Storm Sewer Oversizing Work in accordance with a schedule to be determined by the Director; d) To consent to the following payments: Payments Made i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) Consumer's Gas Invoice G.M. Sernas Invoices Peto MacCallum Invoices Bennett Paving George Moore Electric J.D. Barnes Surveying Rob Robinson Ltd. Advertising Costs Sunland Landscape Shibley Righton Invoices (to Nov. 2, 1994) Snowdearing Invoices Net G.S.T. on above items Total: $ 3,005.72 38,616.86 2,495.72 159,147.53 1,258.06 1,542.00 1,970.00 603.48 5,760.00 9,867.74 4,977.23 6,405.74 $235,650.08 Additional Payments Required i) ii) iii) iv) v) Soper Creek Contribution Regional Work at Bradshaw St. Clarington Planning Invoice Clarington Hydro Invoices Clarington Management Fee Total: $132,400.00 25,716.31 106.88 268.69 39,371.52 $197,863.40 e) To indemnify and save harmless the Municipality from any and all claims made pursuant to the Construction Lien Act, in respect of the supply of labour, services and material to date under the requirements of the Subdivision Agreement, limited to those claims made by CanaDrain, Pilan and Direct Equipment, provided that the Royal Bank of Canada, at its cost, may obtain an order or orders of a court of competent jurisdiction dismissing anyone or all of such claims as against the Municipality and provided that the Municipality will co-operate at the cost of the Royal Bank of Canada in obtaining any such order or orders; f) To obtain and deliver all engineering drawings prepared by G.M. Sernas & Associates Ltd., respecting the works and the benefits of all rights associated with such drawings; . . . Council Minutes REPORTS Report #6 Cont'd - 18- July 17, 1995 g) to pay the Clarington Hydro invoice in the amount of $192.65; h) to indemnify and save harmless the Municipality from the Bell Canada claim provided that the Royal Bank of Canada, at its own costs, may defend such claim; i) To deliver an unconditional and irrevocable Letter of Credit issued by the Royal Bank of Canada and containing terms satisfactory to the Municipal Treasurer in the minimum amount of $859,237.50 as security for the performance by the Royal Bank of Canada of its obligations; j) To comply with property standards order (File No. V93/414) issued on December 2, 1993 and notice to comply (File No. V93/414) issued on October 25, 1993; b) by deleting Recommendation 5 and replacing it with the following: 5) THAT upon the execution of the Agreement with the Royal Bank of Canada and deposit with the Municipality's Treasurer of the Letter of Credit required pursuant to the Agreement, the Municipality's Treasurer be authorized to make payment to the Royal Bank of Canada in the amount of $1,460,675.35 adjusted to take account of updated figures, as determined by the Director, together with interest in an amount to be determined by the Municipality's Treasurer but not to exceed interest which has accrued to the Municipality from the deposit of this money in the Municipality's account. THAT the Municipality enter into an agreement in a form satisfactory to the Director in consultation with the Municipality's Solicitor with Royal Bank of Canada and its general contractor for the completion of the works under the Ashdale Subdivision Agreement permitting the Municipality to assume the rights of Royal Bank of Canada under its construction contract with the general contractor for the completion of the works under the Ashdale Subdivision Agreement should Royal Bank of Canada default in completing such works; THAT the Mayor and Clerk be authorized to execute the agreement among Royal Bank of Canada, its general contractor and the Municipality and that the necessary by-law be passed; THAT the Subdivision Agreement between the Municipality and 621182 Ontario Limited (Liza Developments) be amended to require the owner to construct the north section of the Bradshaw Street Urban Upgrading Work in accordance with a schedule to be determined by the Director and incorporate the costs thereof into the Works Cost Estimates; . . . Council Minutes REPORTS Report #6 Cont'd Report #7 Tender CL95-4 Waterfront Trail Construction - Waverley to West Beach FI8.QU - 19- July 17, 1995 THAT the Mayor and Clerk be authorized to execute the necessary agreement to amend the Subdivision Agreement with Liza Developments Ltd. and that the necessary by-law be passed; THAT the agreements referred to in these recommendations contain such other provisions that the Director in consultation with the Municipality's Solicitor considers to be necessary in order to protect the Municipality's interests; and THAT By-law No. 94-35 be repealed and a new by-law be passed to authorize the Mayor and Clerk to execute an agreement to give effect to the recommendations contained in Report ;WD-15-94 as amended by the recommendations contained in this Report. "CARRIED" Resolution #C-547-95 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report TR-25-95 be received; THAT confirmation of the contract award to Bishop Construction, Concord, Ontario, with a total bid in the amount of $56,444.34, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL95-4, for the Waterfront Trail Construction, Waverley Road to West Beach Road, as required by the Department of Public Works be approved; THAT the funds required in the amount of $56,999.90 ($56,444.34 bid plus $15,555.56 Consulting Contingencies less $15,000.00 Contract Amendments) be drawn from the Waterfront Trail Reserve Fund Account #2900-00030-0000; and THAT the By-law attached to Report TR-25-95, be forwarded to Council for approval. "CARRIED" UNFINISHED BUSINESS Resolution #C-548-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the delegation of Harvey Thompson, pertaining to the Clarington Community Liaison Group, be acknowledged with appreciation. nCARRIEDII . . . Council Minutes - 20- July 17, 1995 UNFINISHED BUSINESS Resolution #C-549-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT the delegation of Stan Racansky be acknowledged with appreciation; THAT the document which he submitted for Council's information, be referred to the Director of Planning and Development; and THAT Stan Racansky be advised of Council's decision. "CARRIED" Resolution #C-550-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT the delegation of Kerry Meydam, pertaining to the dog shooting incident, be received and she be thanked for her input. "CARRIED" Resolution #C-551-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the delegation of Linda Gasser, pertaining to the dog shooting incident, be acknowledge; THAT Linda Gasser be advised of the resolution enacted by Council on June 26, 1995, which reads as follows: "THAT Linda Gasser be requested to provide in writing, a definitive list of outstanding questions for the Chief Administrative Officer's response!!; and THAT Linda Gasser be advised of Council's decision." "CARRIED" Resolution #C-552-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Brenton Rickard, pertaining to his request for a grant in the amount of $10,000 for the Newcastle Hall Board, be received; THAT the request be approved in the amount of $10,000; and THAT Brenton Rickard be advised of Council's decision. "CARRIED" . . . Council Minutes - 21 - July 17, 1995 UNFINISHED BUSINESS Resolution #C-553-95 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the request of Brenton Rickard pertaining to the issue of a withdrawal of $2,000 from the Massey Trust Fund and request for re-deposit, be received and referred to the Treasurer for the preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Brenton Rickard be advised of Council's decision. "CARRIED" Resolution #C-554-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Bill Tomlinson, pertaining to his request for the appointment of the Municipality's Chief Administrative Ofticer to the Management Board of the Durham Agricultural Society, be received; THAT the Chief Administrative Officer, W. Stockwell, be appointed to the Board of Management for the Durham Agricultural Society as the Municipality's liaison; and THAT Bill Tomlinson be advised of Council's decision. "CARRIED" Resolution #C-555-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the delegation of Evylin Stroud, pertaining to traftic safety concerns, be acknowledged with appreciation; THAT the correspondence which she submitted be referred to the Director of Public Works for the preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Evylin Stroud be advised of Council's decision. "CARRIED" . . . Council Minutes BY-LAWS - 22- July 17, 1995 Resolution #C-556-95 Moved by CounciUor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the foUowing by-laws, and that the said by- laws be now read a first and second time: 95-100 being a By-law to amend By-law #94-196, being a By-law to appoint Members to the Clarington Public Library Board; 95-102 being a By-law to repeal By-law 94-168 which amended By-law 84-63, the Comprehensive By-law of the former Town of Newcastle; 95-103 being a By-law to repeal By-law 86-145, a By-law in respect of Architectural Control Standards for new housing developments within the urban areas of the former Town of Newcastle, now the Municipality of Clarington; 95-104 being a By-law to govern Parkland Dedication in the Corporation of the Municipality of Clarington and to repeal By-law 79-69, By-law 97-5 and By-law 88-162; 95-105 being a By-law to appoint a By-law Enforcement Officer; 95-106 being a By-law to repeal By-law 94-128, being a by-law to amend By-law 79-104, as amended, a By-law to provide for the maintenance, management, regulation and control of Cemeteries in the Municipality of Clarington (formerly the Town of Newcastle); 95-107 being a By-law to authorize the entering into of an agreement between Wolfgang Hryciuk and the Municipality of Clarington. 95-108 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Resolution #GPA-351-95 on June 7, 1993); 95-109 being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario in respect of Rotary Park - Phase IV; 95-110 being a by-law to dedicate certain lands on Lambs Road in Lot 7, Concession 3, former Darlington Township, as a public highway in the Municipality of Clarington; 95-111 being a by-law to authorize the entering into of an Offer to SeU Agreement between Dr. Michael George Martin and Sharon Patricia Martin and the Corporation of the Municipality of Clarington;. 95-112 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Bishop Construction, o/a Bisquip Leasing Corporation, with respect to the Waterfront Trail Construction, Phase 3, Waverley Road to West Beach Road; . . . Council Minutes BY-LAWS OTHER BUSINESS l - 23- July 17, 1995 95-113 being a by-law to authorize the execution of an agreement with the Royal Bank of Canada, its general contractors, and the Municipality of Clarington; 95-114 being a by-law to authorize the execution of an amending subdivision agreement between 621182 Ontario Limited (Liza Developments) and the Municipality of Clarington and to repeal By-law 94-35; and 95-115 being a by-law to authorize the execution of an agreement between Royal Bank of Canada and the Municipality of Clarington respecting the completion of outstanding works in the Willowbrook Gardens Subdivision Agreement - Plan 40M-676. "CARRIED" Resolution #C-557-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 95-100, 95-102 to 95-115 inclusive, be approved. lICARRIED" Resolution #C-558-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 95-101, as amended, being a by-law to establish a Reserve Fund for Rickard Recreation Complex (RRC) Site Development, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-559-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 95-101 be approved. "CARRIED" Resolution #C-560-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the Confidential verbal report of the Chief Administrative Officer, pertaining to a property matter, be referred to the end of the agenda to be considered !lIn Camera." "CARRIED . . . Council Minutes OTHER BUSINESS Ontario Municipal Board Memorandum - Participation House Item #16 Markborough Properties Rezoning D14.DEV.89.99 - 24- July 17, 1995 Resolution #C-561-95 Moved by Councillor Pingle, seconded by Councillor Dreslinski WHEREAS the O.M.B. Memorandum of Decision 0910025 dated July 29, 1995, states that "... Participation House is willing to provide fencing on the west side and have this included in a site plan agreement." AND WHEREAS the Board's decision does not specifically require the erection of a wooden fence as opposed to a chain link fence; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT Participation House be requested, in the spirit of being good neighbours, to install privacy fencing on the western boundary of their property to preserve their own privacy as well as the privacy of their neighbours; and THAT this request be forwarded to A. McGeown, President, Participation House. "CARRIED" Resolution #C-562-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-84-95 be received; THAT the Solicitor be authorized to request the Ontario Municipal Board to vary its decision with respect to Official Plan Amendment #56 to amend policy 10.2.5.2 (4) to permit Markborough Properties to use up to 929 square metres (10,000 square feet) of ground floor space for office uses; THAT the revised By-law identified as Attachment #4 to Report PD-84-95 to implement the decision of the Ontario Municipal Board of December 23, 1994 and the contents of Report PD-84-95 be approved for submission to the Ontario Municipal Board to be passed in accordance with the Planning Act; and THAT the interested parties be informed of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes OTHER BUSINESS Item #17 Willsonia Industries Rezoning By-law D14.DEV.88.54 - 25- July 17, 1995 Resolution #C-563-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-562-95 be amended by adding the following wording to the third paragraph: "subject to the changes recommended in the letter dated July 17, 1995, from the Municipality's Solicitor and subject to the figure "1,350" replacing the figure "1,800" in the definition of "clothing retail warehouse and "drug retail warehouse", if the owners of the Markborough lands and Willsonia lands respectively, concur with the reductions"; "CARRIED" The foregoing Resolution #C-563-95 was then put to a vote and CARRIED AS AMENDED. Resolution #C-564-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-85-95 be received; THAT the Solicitor be authorized to request the Ontario Municipal Board to vary its decision of December 23, 1994 by approving and passing the rezoning by-law that does not place a holding symbol on the Willsonia lands; THAT the By-law identified as Attachment #2 to Report PD-85-95 to implement the decision of the Ontario Municipal Board of December 23, 1994 be approved for submission to the Ontario Municipal Board to be passed in accordance with the Planning Act; THAT the by-law reflect that the location of building from northerly limit of Highway No.2 will be a minimum of 3 metres; and THAT the interested parties be informed of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes OTHER BUSINESS OTHER BUSINESS Regional Update CommitteelBoards Update . - 26- July 17, 1995 Resolution #C-565-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-564-95 be amended by adding the following wording in the third paragraph: "subject to the changes recommended in the letter dated July 17, 1995, from the Municipality's Solicitor and subject to the figure "1,350" replacing the figure "1,800" in the definition of "clothing retail warehouse and "drug retail warehouse", if the owners of the Markborough lands and Willsonia lands respectively, concur with the reductions;" "CARRIED" The foregoing Resolution #C-565-95 was then put to a vote and CARRIED AS AMENDED. Resolution #C-566-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the Clerk's Department be requested to initiate a Student Page Program for the first Council meeting in September. "CARRIED" Resolution #C-567-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the meeting be "In Camera" to consider a verbal report pertaining to a property matter. "CARRIED" Resolution #C-568-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the actions taken "In Camera" be ratified. "CARRIED" There were no items for discussion under this section of the agenda. There were no items for discussion under this section of the agenda. . Council Minutes CONFIRMING BY-LAW . ADJOURNMENT . - 27- July 17, 1995 Councillors Novak and Pingle made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Resolution #C-569-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 95-116, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 17th day of July 1995, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-570-95 Moved by Councillor seconded by Councillor THAT the third and final reading of By-law 95-116 be approved. "CARRIED" Resolution #C-571-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting adjourn at 10:10 p.m. nCARRIEDII MAYOR