HomeMy WebLinkAbout07/17/1995
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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.
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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:
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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.
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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;
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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;
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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
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1-32
1-22
Referrals to the
Durham Regional
Ofticial Plan
D08.DU
1-25
v - J Day
Commemorations
M02.GE
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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
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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
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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"
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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"
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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;
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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"
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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"
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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
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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"
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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
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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;
.
.
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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;
.
.
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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;
.
.
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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