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HomeMy WebLinkAbout11/22/1993 . Council Minutes PRAYERS ROLL CALL Present Were: Also Present: . MINUTES . DELEGATIONS MUNICIPAlJTY OF CLARlNGTON November 22,1993 Minutes of a regular meeting of Council held on Monday, November 22,1993, at 7:00 p.m., in the Council Chambers Councillor Hannah led the meeting in prayer. Mayor D. Hamre Councillor A. Dreslinski Councillor L. Hannah Councillor K Hooper Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Acting Chief Administrative Officer!Treasurer, M. Marano Director of Community Services, J. Caruana Fire Chief, M. Creighton Director of Public Works, W. Evans Director of Planning and Development, F. Wu Town Clerk, P. Barrie Resolution #c-780-93 Moved by Councillor Novak, seconded by Councillor O'Toole THAT the minutes of a regular meeting of Council held on November 8, 1993, be approved. IlCARRIED" Resolution #c-781-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the order of the agenda be altered to allow for the presentation of Diana Williamson and Adele Simons, Courtice Artistic Project to be heard at this time. lICARRIED" . . . Council Minutes DELEGATIONS PRESENTATION - 2- November 22,1993 Mrs. Diana Williamson indicated that the Courtice Artistic Projects is a non- profit organization created to raise funds for a community centre in Courtice by the production of the Christmas AIbum Oranges and Tea which has been performed and recorded by local artists. Over 100 artists, writers, producers and volunteers have donated their time and effort to achieve this goal. She indicated that on December 11, 1993, a concert will take place at the Oshawa Little Theatre and urged everyone to attend. Ms. Williamson ran a commercial which CHEX TV has produced for the project and then introduced Bernie Jesswn, Sally Bower, Tim Calhoun, Gary Oliver, Norm Jones, Russ Gordon, Phil Manning and Carol Ann Langdon who performed a medley of four of the numbers included in the album. Mr. Charlie Trim, Goodyear Canada, presented portraits of Marie Hubbard and Diane Hamre which will be put on display in the Municipal Administrative Centre. Resolution #C-782-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the Council of the Municipality of Clarington express its thanks and appreciation to Goodyear Canada for the presentation of the Mayoral portraits as a significant, historical and heritage contribution to the municipality. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hannah Councillor Hooper Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre Mr. Normunds Berzins, Committee of Clarke Constituents, P.O. Box 20028, Newcastle, LIB 1M3, appeared before Council on behalf of Terry Caswell and expressed his Committee's thanks to Council for their support in fighting the Durham Region Landfill Site being placed on the KK2 Site. Mr. Glenn Elliott, 106 Stevenson Road, Oshawa, LlJ 5Ml, addressed Council with respect to Report PD-150-93 which is listed under Unfinished Business in the agenda, and requested that Council review its policy such that if a denial of a rezoning application is possible, there may be an avenue available to the applicant to save the $2,000 Official Plan Amendment Fee. Council Minutes . COMMUNICATIONS Resolution #c-783-93 - 3 - November 22,1993 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the communications to be received for information be approved with the exception ofItems I - 2 and 1 - 4. I-I 1-3 1-5 1-6 1-7 . 1 - 8 1-9 1-10 1-11 1 - 12 1 - 13 1-14 . 1 - 15 "CARRIEDII Correspondence received from Douglas Newson, Director, Ontario Region, Statistics Canada - National Census Test; Minutes of a meeting of the Clarke Museum & Archives held on October 4, 1993; Minutes of a meeting of the Bowmanville Museum Board held on October 13, 1993; Correspondence received from David Ferguson, Manager, Ministry of Transportation - Accessibility Implementation Plan; Minutes of a meeting of the Board of Management Orono Town Hall held on November 2, 1993; Correspondence received from Ernie Hardeman, Chair Rural Section (ROMA) - '94 ROMA Conference; Correspondence received from Roy McKay, Supervising Project Engineer, Ontario Hydro - Lennox Generating Station (GS) to Bowmanville Switching Station (SS) 2nd 500 KiloVolt (kV) Double Circuit Transmission Line; Correspondence received from John Hanson, Executive Director, Recycling Council of Ontario - Waste Reduction Week; Correspondence received from Floyd Laughren, Minister of Finance - Withdrawal of Commercial Concentration Tax; Correspondence received from Roger Howard, Ridge Pine Park Inc. - Submission to Public Meeting, November 15, 1993 - Phase 3 Report - Clarington Waterfront Study; Correspondence received from Craig Nicholson, Chairperson, Marketing and Communications Committee, Ontario Federation of Snowmobile Clubs-Get Ready For Snowmobiling Week '93; Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on October 19, 1993; and Correspondence received from The Hon. John M. Reid, President, Canadian Nuclear Association - Energy Probe/City of Toronto Challenge to the Nuclear Liability Act. . . . Council Minutes COMMUNICATIONS 1-2 DEV.93.032 D09.0P A.93-004/C D12.18T-93008 1-4 Preserving Ontario's Architecture Program ROl.GE D-2 Community Liaison Group E07.S1 - 4- November 22,1993 Resolution #C-784-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated October 18, 1993, from petitioners in opposition to the proposed zoning amendment for property located in Part Lots 11 and 12, Concession 1, Bowmanville, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-785-93 Moved by Councillor O'Toole, seconded by Councillor Hooper THAT the foregoing Resolution #C-784-93 be amended by adding the following thereto: "THAT the individuals involved in the clean-up of the Bowmanville Creek area be acknowledged and thanked for their efforts." "CARRIED" The foregoing Resolution #C-784-93 was then put to a vote and CARRIED AS AMENDED. Resolution #c-786-93 Moved by Councillor Hooper, seconded by Councillor Hannah THAT the correspondence dated October 22, 1993, from Anne Swarbrick, Minister, Ministry of Culture, Tourism and Recreation, confirming the award of a grant of $5,665.00 for Designated Property Grant Projects in the municipality be received for information. "CARRIED" Resolution #c-787 -93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated November 2, 1993 from John Veldbuis, Chairman, Community Liaison Group, forwarding the paper "An Approach to Compensation Issues" be received; THAT the correspondence be referred to the Solicitor for review and comment; and THAT John Veldbuis be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-4 Hamlet of Tyrone D08.TY D -6 Navy League Tag Days M02.GE D-8 Walking Route Orono Estates T03.GE - 5 - November 22,1993 Resolution #c-788-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated October 15, 1993 from Armstrong Harrison Associates regarding Official Plan Amendment Application 86-39/D/N, be received for information; and THAT Armstrong Harrison Associates be advised of Council's decision. "CARRIED" Resolution #c-789-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated November 5, 1993 from Sheila Brooks, Secretary, Navy League of Canada, requesting permission to hold the annual Navy League Tag Days throughout the municipality during the period Thursday, April 28 to Saturday, April 30, 1994, be received; THAT permission be granted for this request; and THAT Sheila Brooks be advised of Council's decision. "CARRIED" Resolution #C-790-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated November 3,1993 from RT. Malowney, Director of Education, The Northumberland and Newcastle Board of Education, requesting the provision of a year-round safe path for students from the Orono Estates subdivision to Mill Lane, as well as a crossing guard, and the provision of a sidewalk from the parkette at the southern end of Peters Pike to the northern end of Mill Lane, be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to the General Purpose and Administration Committee; and THAT R.T. Malowney be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-9 Proposed Construction of Gravel Road L04.BE D-ll Nevada Lottery Rotary Club P09.RO D-7 Clarington Concert Band M02.GE - 6- November 22,1993 Resolution #C-791-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence dated November 10, 1993 from Peter Gaspari, President, Becas Developments Limited, regarding Parcel "E" of Part of Lot 18, Concession 5 in the former Township of Clarke, be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to the General Purpose and Administration Committee; and THAT Peter Caspari be advised of Council's decision. "CARRIED" Correspondence Item D - 11 was received by Council as a handout. Resolution #C-792-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the application to Manage and Conduct a Nevada Ticket Lottery at Fan's Convenience Store, 2 Glenabbey Drive, Courtice, submitted by the Rotary Club of Bowmanville, be received; THAT the request of the Rotary Club of Bowmanville be approved; and THAT Mr. Christopher Mendes be advised of Council's decision. "CARRIED' Resolution #C-793-93 Moved by Councillor Hooper, seconded by Councillor Novak THAT the correspondence from Dave Climenhage, Clarington Concert Band requesting Council to consider engaging the band on a fee-for-service basis for some events and concerts in 1994, be received; THAT the correspondence be referred to the Director of Community Services for review and preparation of a report to the General Purpose and Administration Committee; and THAT Dave Climenhage be advised of Council's decision. "CARRIEDII . . . Council Minutes COMMUNICATIONS D -1 Resolution Re: Firearm Use ClO.AD D- 3 Contribution Request - Pitch In Week Fl1.GE D - 5 Resolution Re: Telephone Gross Receipt Tax CI0.AD D -10 Ontario Hydro Cost Reduction Program E06.0N - 7- November 22,1993 Resolution #C-794-93 Moved by Councillor Dreslinski, seconded by Councillor Hooper THAT the correspondence dated October 18, 1993, from Inky Mark, President, Dauphin Handgun Club, soliciting Council's support for lawful, responsible and safe fIrearm use by the responsible recreation firearm community in Canada, be received for information. !'CARRIED" Resolution #C-795-93 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the correspondence dated November 3,1993, from Valerie Thom, Project Manager, Pitch-In Ontario, requesting a contribution of $700.00 to the Campaign, be received and fIled. UCARRIED" Mayor Hamre made a declaration of interest with respect to Correspondence Item D - 5, vacated her chair and refrained from discussion and voting on the subject matter. Mayor Hamre indicated that members of her family are employed by Bell Canada Councillor Dreslinski chaired this portion of the meeting. Resolution #c-796-93 Moved by Councillor Hannah, seconded by Councillor O'Toole THAT the correspondence dated November 1, 1993, from Claudette Levac, Clerk-Treasurer, Municipality of Neebing, requesting Council's endorsement of a resolution pertaining to the Telephone Gross Receipt Tax, be received; THAT the resolution of the Municipality of Neebing be endorsed by the Council of the Municipality of Clarington; and THAT Claudette Levac be advised of Council's decision. "CARRIED" Mayor Hamre reassumed the Chair. Resolution #c-797-93 Moved by Councillor O'Toole, seconded by Councillor Hannah THAT the correspondence dated November 10, 1993, from John Fox, Managing Director, Energy Services and Environment Group, Ontario Hydro, forwarding a report "A Strategy for Sustainable Energy Development and Use for Ontario Hydro" and asking whether the Municipality of Clarington wishes to be involved in the review of the strategy, be received; and . . . Council Minutes COMMUNICATIONS MOTION NOTICE OF MOTION REPORTS Report #1 G.P.A. Report November 15, 1993 Item #2 Bowmanville West Main Central Area REPORTS - 8- November 22,1993 THAT the correspondence be referred to the Acting Chief Administrative Officer for review and the preparation of a report to be submitted to the "CARRIED" Resolution #c-798-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the General Purpose and Administration Committee Report of November 15, 1993, be approved with the exception ofItems #2, #10 and #13. IlCARRIED" Resolution #C-799-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-156-93 be received; THAT Totten Sims Hubicki Associates be authorized forthwith to undertake the work as outlined in their proposal dated November 4, 1993 (Attachment #2 to Report PD-156-93), subject to the contributions by Markborough Properties Inc. and Willsonia Industries Ltd., for the portion of work identified in Section 2.2 of Report PD-156-93; and THAT funds in the amount of $6,725. be drawn from Account 7205-87000-260 Engineering Design and $35,200 be drawn from Account 110-184-X Public Works Development Charge Reserve Account for the Town funded portion of this work FORTHWITH. "CARRIED" Councillor Hannah made a declaration of interest with respect to Item # 10 contained in Report # 1 (Staff Report CD-30-93) and refrained from discussion and voting on the subject matter. Councillor Hannah indicated that he is a member of the Oshawa Gun Club. . . . Council Minutes Item #10 Noise Complaint Marksmen Club Item #13 - 9- November 22,1993 Resolution #C-SOO-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CD-30-93 be received; and THAT the request of Mr. Steven Jansma to rescind the exemption for the Marksmen Club of Oshawa contained in By-law S9-184 (Noise By-law) be referred back to staff to allow for discussions and review. "CARRIED" Resolution #C-SOI-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Addendum #2 to Report TR-65-93 be referred back to the General Purpose and Administration Committee for consideration at the meeting scheduled to be held on December 6, 1993. UNFINISHED BUSINESS IlCARRIEDlI Oshawa Viking Rugby Club D09.0PA.93-D/006 D14.DEV.93-034 Resolution #C-602-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-150-93 be lifted from the table. IlCARRIED" Resolution #C-S03-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report PD-150-93 be received; THAT the Region of Durham be advised that the Municipality of Clarington recommends denial of the Durham Regional Official Plan Amendment application submitted by the Oshawa Vikings Rugby Club; THAT the application to amend Comprehensive Zoning By-law 84-63, as amended, submitted by the Osbawa Vikings Rugby Club be denied; THAT the delegation of Mr. Glenn Elliott be acknowledged; and THAT the interested parties listed in Report PD-150-93 and any delegation, be advised of Council's decision. "CARRIED" Council Minutes . BY-LAWS - 10- November 22,1993 Resolution #c-804-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce the following by-laws and that the said by-laws be now read a first and second time: 93-178 93-179 93-180 93-181 93-182 . 93-183 93-185 being a by-law to designate a certain portion of Registered Plan 40M-1741 as not subject to Part Lot Control (Kiddicorp Investments); being a by-law to amend By-law 89-184, a by-law to prohibit noises likely to disturb the inhabitants of the municipality; being a by-law to appoint Ellwood Hawes as a By-law Enforcement Officer; being a by-law to appoint Philip Broome as a By-law Enforcement Officer; being a by-law to appoint Ron Robinson as a By-law Enforcement OffICer; being a by-law to amend By-law 91-58, a by-law to regulate traffIC on highways, municipal and private property, in the Municipality of Clarington; being a by-law to authorize the entering into of an agreement with Reward Building and Development Inc., the owner of Plan of Subdivision 18T-89008 and the Corporation of the Municipality of Clarington in respect of Plan 18T -89008; 93-186 being a by-law to authorize the entering into of an agreement with Reward Building and Development Inc., the owner of Plan of Subdivision 18T-89066 and the Corporation of the Municipality of Clarington in respect of Plan 18T -89066; 93-187 being a by-law to authorize the entering into of an agreement with 757001 Ontario Limited, the owner of Plan of Subdivision 18T-87023 and the Corporation of the Municipality of Clarington in respect of Plan 18T-87023 and to repeal By-law 87-150; 93-189 being a by-law to assume a certain street/highway within the Municipality of Clarington as a public highway in the Municipality of Clarington and to name the assumed highway Kirby United Church Road; and . 93-190 being a by-law to repeal By-law 93-166, a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Winslow-GeroJamy Motors. llCARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Appointment - Clarke Museum & Archives -11- November 22,1993 Resolution #C-805-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT leave be granted to introduce By-law 93-188, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Vanstone Mill), and that the said by-law be now read a fIrst and second time. 'CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Hannah Councillor Novak Councillor Scott Mayor Hamre Councillor Hooper Councillor O'Toole Resolution #C-806-93 Moved by Councillor Hannah, seconded by Councillor Hooper THAT the third and Iinal reading of By-laws 93-178 to 93-183 and 93-185 to 93-190 inclusive, be approved. 'CARRIED" Resolution #c-807-93 Moved by Councillor Hooper, seconded by Councillor Dreslinski THAT the correspondence dated November 3, 1993, from Mark J~r1<mRn, Curator, Clarke Museum and Archives, regarding an appointment to the Clarke Museum Board be received; THAT Mr. Simon Packwood-Greaves be appointed to fill the vacancy on the Board; and THAT Mr. Simon Packwood-Greaves and Mark Jackman be advised of Council's decision. "CARRIED" . . . Council Minutes OTHER BUSINESS Regional Update CommitteefBoards Update CONFIRMING BY-LAW - 12- November 22,1993 Mayor Hamre advised that the Regional P1Rnn;ng Committee is still awaiting response from the Ministry of Municipal Affairs regarding the Regional Official Plan and that the Region has advised the Ministry that no further negotiations will be taking place. Councillor Novak indicated that the Bowmanville Museum has contracted Astro Studios to do family portraits at the Museum. She indicated that the Kawartha Region Conservation Authority is targeting a zero percent budget increase to municipalities and in order to do so, some staff members have been laid off. However, the Authority has purchased property and Councillor Novak indicated that she could not support this purchase as there was no accountability for the management of it. Councillor O'Toole advised that the Bowmanville B.I.A. Christmas Tree Lighting Ceremony will take place on December 3, 1993. Also the designation of the Newcastle Community Hall will take place on December 4, 1993 at 3:00 p.m. Resolution #C-80S-93 Moved by Councillor Hannah, seconded by Councillor Hooper WHEREAS the Council of the Municipality of Clarington considers that the contribution through royalties paid by the aggregates industry to the cost associated with maintenance and construction of roads may not be adequate, particularly in light of the continued Provincial downloading in this area; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington advise the Region of Durham that it is in support of the Region investigating and reviewing the adequacy of the current royalty/levy paid and subsequently, if appropriate, petitioning the Province to increase the amount to a reasonable rate. "CARRIED" Resolution #C-S09-93 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the Council of the Municipality of Clarington compliment and thank the Santa Claus Parade Committee for their hard work and effort in putting together a wonderful event on November 20,1993. "CARRIED UNANIMOUSLY" Mayor Hamre and Councillor Hannah made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confirm By-law. Councillor Dreslinski chaired this portion of the meeting. . . . Council Minutes CONFIRMING BY-LAW ADJOURNMENT - 13- November 22,1993 Resolution #C-81O-93 Moved by Councillor O'Toole, seconded by Councillor Hooper THAT leave be granted to introduce By-law 93-191, being a by-law to confll'm the proceedings of this meeting held on the 22nd day of November 1993, and that the said by-law be now read a first and second time. "CARRIEDII Resolution #C-811-93 Moved by Councillor O'Toole, seconded by Councillor Hooper THAT the third and final reading of By-law 93-191 be approved. "CARRIED' Mayor Hamre reassumed the Chair. Resolution #C-812-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the meeting adjourn at 8:36 p.m. "CARRIEDII