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HomeMy WebLinkAbout09/07/1993 - . . , , THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were: Absent: Also Present: MINUTES PUBLIC MEETINGS September 7, 1993 Minutes of a regular meeting of the General Purpose and Administration Committee held on Tuesday, September 7, 1993 at 6:00 p.m., in the Council Chambers. Mayor D. Hamre Councillor A Dreslinski Councillor L. Jl RnnR h Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Councillor K Hooper (Due to Illness) Chief Administrative Officer, L. Kotseff Director of Community Services, J. Caruana (Until 11:05 p.m.) Fire Chief, M. Creighton (Until 11:05 p.m.) Director of Public Works, W. Evans (Until 11:25 p.m.) Municipality Solicitor, D. Hefferon Treasurer, M. Marano Director, Planning and Development, F. Wu (Until 11:05 p.m.) Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. Resolution #GPA-483-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on July 19, 1993, be approved. "CARRIED" Pursuant to Section 34, Subsection 12 of the Planning Act, the Municipality of C1arington Council, through its General Purpose and Administration Committee, is holding a Public Meeting for the following Rezoning applications: (a) Proposed Zoning By-law Amendment - Ridge Pine Park Inc. - Part Lots 1, 2, 3, B.F. Concession, former Township of Darlington - Part Lots 33, 34, 35, B. F. Concession, former Township of Clarke; and (b) Proposed Zoning By-law Amendment - Bela & llona Panta - Part Lot 13, Broken Front Concession (A & B), former Township of Clarke. 201 . . . G.P.& A Minutes - 2- September 7, 1993 Before proceeding with this matter, the Chairman asked the Deputy Clerk to advise on the manner of notice. The Deputy Clerk advised that public notices for the Zoning By-law Amendment Applications were circulated on or before August 6, 1993 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. In addition, notices were also posted on sites prior to August 6, 1993. This procedure is in compliance with Ontario Regulation 404/83. The Chairman announced that all persons wishing further notice of the passage of the by-law should leave their name, address and telephone number with the Clerk's Department. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Ridge Pine Park Inc. - Report PD-115-93 - the purpose of this application is to: 1. Add single detached units as permitted uses, 2. Reduce the required mobile home site area from 325 square metres to 300 square metres, 3. Permit a 7.5 metre setback from lot lines, and 4. Permit a 1.0 metre setback for carports from any internal road Phyllis Baker, 11 Cabot Court, Newcastle, LIB 1A2, appeared on behalf of the Wilmot Creek Homeowners' Association and referred to her correspondence dated September 7, 1993, to the Municipality wherein she advised that the residents have no objection to this application. However, it has come to her attention that the applicant has also requested a 1.0 metre setback for carports. She is not in support of this request as this would block the sight of traffic on street corners, hinder the view of the lake and impede snow removal Arno1d RPirhplil, 1934 CobhL>mPk Road, Newcastle, stated opposition to the expansion of the mobile home park as this will create additional traffic to and from Ridge Pine Park. He referred to the intersection of Highway No.2 and Cobbledick as being a "dangerous corner". He requested that this situation be remedied and that the road be upgraded to a c1ass "A" road because it is too narrow and very dangerous. He requested that he be kept informed on the status of this application. Noone spoke in support of this application. Raga- Howard, 17 Dean Street, Bnunpton, L6W 1M7, appeared on behalf of the applicant and explained to members of the Committee that the four requests made in this application are for housekeeping adjustments to the by-law. He advised that less than 1% of the lots fall in the category of the request for smaller lots which is being made to accommodate smaller home models. The carports are being requested for visual aesthetics and for safety purposes. 'J ('. ,- LUi G.P.& A Minutes - 3- September 7, 1993 . PUBLIC MEETINGS CONT'D. (b) Bela & llona Panta - Report PD-116-93 - the purpose and effect of this application is to permit the development of a monastery, religious retreat and animal farm sanctuary. Bud Hay, 4393 T ..._hnre Road, R.R. #8, Newcastle, L1B 1L9, who resides approximstely one mile east of the Panta property, requested c1ariflCation on the vague terminology pertaining to the words "sanctuary" and "monastery". M1II'l'8Y Legge, 4378 T .....-hnre Road, Newcastle, LID 1L9, advised that he is a Physician and his wife is a Professor of Public Health at the University of Toronto; they have two children. He articulated their opposition to this application for the following reasons: . In New York, last year, humans died of rabies. He feels that wild animals in an uncontrolled environment and who are attended by non-professionals, could carry the rabies virus. Rabies vaccines are not ava11able for monkeys. It is theoretically possible for the animals kept on the Panta property to escape. He stated that he will hold Council responsible should any harm come to his family. There is no controlled access to and from the property. The railway tracks are hazardous. He is concerned about the image of the municipality should this group be allowed to remain on the Panta property. He has not seen one positive newspaper article pertaining to this group. The Municipality of C1arington has an Exotic Animal By-law in place which does not allow the keeping of wild Rn;mR lR In his estimstion, this is not a "good faith" application. The process has been undertaken in a reverse order. He and his daughter went for a walk in the quiet countryside and his daughter was petrified when she heard the roar of lions. She bas experienced nightmares on several occasions since then. He requested that the application for a sanctuary and a monastery be n;Rm;RRp.d forthwith, tonight, by Council. . Gresh Bone, 4351 T .....PAhmoe Road, Newcastle, LID lLO, resides one mile from the Panta property and questioned why this group has come into this Municipality and blatantly broken the law. He visited the site and advised the he could have driven right up to the ham and that it would be very easy for someone to walk into the ham and release the Rn;mR 1. from their cages as there are no double locks on the cages. He feels that this group has come into the Municipality through the hack door and would be a detriment to the community. He noted that the keepers of the ~mim~l~ are not qualified and that when the AniTm'llR are offered a good home in an appropriate facility, the organization refuses to give up the Rn;mR1R which he feels are kept on the premises because, perhaps, they are a good excuse to receive donations. If animals should escape they could threaten the life of local residents. He questioned who will take responsibility for the safety of the people and the welfare of the animals. ,,(, ~ ClL) G.P.& A Minutes - 4- September 7,1993 . PUBLIC MEETINGS CONT'D. AI V-...ha.... 4188 T ...1.....11""" Road, Newcast.Ie, L1B lIB, purchased his property which is located one farm west of the Panta lands, seven years ago. He stated that he objects completely to this application. He explained to Members of the Committee that he operates a commercial business from the farm where he ships cauliflowers to Toronto and nappa to New York. Through the Offshore Labour Program, he employees ten workers from Mexico on a six month contract basis. These employees work approximately ten hours per day on foot and, since hearing the roar of the lions, they have requested a written guarantee that their safety will not be jeopardized because they have the option of breaking their contract and asking for a transfer if they feel they are at risk. It has taken approximately four years to train his key men and he feels the quality of his product will greatly suffer if they should leave his employ. He stated that the use of a monastery and a sanctuary is not compatible with the viable agricultural use and requested that the Committee deny this application. Martyn Peterson, 4220 T ...kPAhnre Road, Newcast.Ie, L1B lIB, circulated a letter dated September 1, 1993, containing approximately 89 signatures of people who are opposed to this application for the following reasons: . the animals are not in the hands of qualilled keepers and not properly cared for, the potential danger or loss of life to local residents if the wild animals break loose, diseases, i.e., hepatitis, carried by these Rn;mR 1. which could be transmitted to other Rnim:::ll"" and humans, the noise is disturbing to the peace of residents and frightening to young children, obnoxious smells, and additional traffic to the property which must cross over two railroad tracks creates a hazardous situation. . Mr. Peterson also advised that the following agencies had been contacted: plRnn;ng Department of East Gwillimbury, Bowmanville Zoo, Zoocheck Canada, Bill Harridge, Lawyer to the Municipality of East Gwillimbury, Planning Department of East York and Barry Mackay, columnist with the Toronto Star. Mr. Peterson also circulated a letter dated September 7, 1993 from members of his family wherein he states that his children are no longer allowed to play in the backyard unless they are accompanied by he or his wife for fear that one of these Rn;mR 1. have escaped He bas noticed a decrease in native wildlife including deer since the arrival of the lions and tigers and noted that if this application is approved it will have an adverse affect on property values. He concluded by stating that he and his wife no longer feel that they are providing a happy, safe, secure and carefree environment for their children which are the very reasons for their move into this municipality. Z04 G.P.& A Minutes - 5 - September 7, 1993 . PUBUC MEETINGS CONT'D. John Shaw, R. R. #3, Newcastle, Lffi lL9, expressed various concerns pertaining to animals escaping from the facility, access to the property, railway tracks and the ramifications associated with problems that could occur if this application is approved. He concurred with the remarks made by previous speakers. . Dianne Sane, 4351 T ...1.....hnre Road, Newcastle, Lffi lL9, advised that she visited the facility and was appalled by the manner in which the Rn;mRIR are housed She noted that the gates to the property were open and the doors at each end of the barn were also open. There are not warning signs for the public anywhere on the property. She asked who would becqme liable if someone is hurt because one of these large Rn;mRI_ has escaped. She referred to several newspaper articles which were circulated to Members of the Committee and advised that the contents of these articles bring the credibility of the organization into question. She advised that she left the city to seek the peace and quiet of the countryside and she is now very concerned because she has no idea of how many more Rn;mR I_ will be brought to this facility and how many more visitors this will generate. She has spoken with a member of the organization and advised that she is troubled because "it's not so much what they say but what they don't say". She advised that the approval of this application will negatively impact the nature of the area. She requested that the Committee devote their efforts to maintain the character of the area and restore peace to the residents by denying the application and having the animals removed. Barb Humphrey, 4563 T ...1."""""" Road, Newcastle, Lffi lLO, circulated a letter dated September 3, 1993 wherein she advised that she bas heard and seen facts that are very disturbing. She has read several newspaper clippings referring to St. Francis of Assisi Animal Rescue Mission and questioned why they were evicted from their last location. She bas been told that this organization has wild (exotic) Rn;mR I_ on this retreat property and asked why this is allowed when the land is zoned agricultural. She also noted that there has been talk amongst the neighbours of arming themselves with guns against possible escaped Rn;mRI_ , She concluded by stating that "the presence of this animal sanctuary/retreat is detrimental to our community". Judy MetcaJf; .tU6 T ...1.....Jvu.e Road, Newcastle, Lffi lL9, circulated a letter dated September 1, 1993, wherein she noted opposition to this proposal for the following reasons: . not compatible with agricultural zoning designation, the organization brought the large exotic animals into the municipality without first getting a permit, she feels the Rn;mRI_ will be neglected and abused because they are housed in inhumane facilities, fear of the safety of her children should one of the animals escape, the neighbours are talking about acquiring guns for their protection, and she questioned the credibility of the comments made by members of the organization. "{I ;;:, L !".).J . . . G.P.& A Minutes - 6- September 7, 1993 PUBLIC MEETINGS CONT'D. She advised that she feels she has been misled and fears the rRmifi....tions of the approval of this application. Father VIC Valles, Parish Priest, Saint Francis of .Assisi Parish, 214 King Street East, Newcastle, L1B lH5, appeared on behalf of the Parish of Saint Francis of Assisi to publicly announce that there is no connection whatsoever between his church and the organizations related to the sanctuary or the monastery. Kim Rider, a ~ of Scarborough, advised that the City of Scarborough has experienced problems with these organizations and she questioned the validity of the intent of this application. Sherri Azula;y, 39 King Street East, Apt. 207, BowmanviIIe, LlC INI, advised that, although she resides in Bowmanville, she questioned why the organization did not follow the normal process by seeking a rezoning application before moving into the municipality with the exotic animals. She reiterated the various concerns expressed by the previous speakers. Jadt GJover, 740 Bessborough Drive, Osbawa, L1G 4H2, owns approximately 26 acres of land located east of the Panta property and advised that he has several concerns pertaining to safety issues. He advised that approval of this application would be detrimental to the municipality. Wolfram Klose, Jungle Cat World, R.R. #1, Orono, LOB mo, advised that ten years ago, he applied for a rezoning in order to operate his business known as "Jungle Cat World". He followed the due process. This took time and money but he was willing to adhere to the Municipality's rules. He asked why someone should be allowed to "walk in" to the municipality, start their operation and then proceed to legalize the use. Approval of this application, he feels, will set a precedent which is unfair to the people who follow the rules. Liz White, Animal.AJIimv.p of C)nulrl", 221 Broadview Avenue, Suite 1, Toronto, M4M 2G3, requested that the Committee deny this application as the property is zoned Permanent Agricultural Reserve. She advised that the local residents' fears for their safety are very valid. The facility which houses the exotic animals can easily be accessed by children and they can put their hands in the cages. She advised that prohibitive fencing surrounding the property should be installed. If the intent of this organization is to receive unwanted dogs and cats from the City of Toronto she feels that the local area should be serviced first. In her estimation, moving exotic Rn;mRl. into the area and then applying for rezoning is just cause for the surrounding residents and Council to mistrust the applicants. She requested that the agricultural designation be maintained and that the application be denied 2'J6 G.P.& A Minutes - 7 - September 7,1993 - PUBLIC MEETING CONT'D. Robert Laidlaw, Zoorh~k c--'lR, 5334 Yooge Street, Suite 1830, North Yark, M2N 6M2, advised that he is associated with an animal protection group which has been dealing with this issue since 1989. He noted concurrence with the comments made by previous speakers. He advised that, to properly house the animals, the ham needs extensive renovations. He noted that this is "not a sanctuary in any way, shape or form. It is a permanent residence to house the Rn;mR1R". Numerous offers have been made to this organization to relocate the Rn;mRl. to proper facilities but requests have been refused because the animals are used for fundraising purposes". Mr. Laidlaw has visited most of the facilities operated by this group and has found them to be inappropriate and unsafe. He found from approximately 40 to 120 Rn;mRl. housed in each facility. Noone spoke in support of this application. . M~ Chused, flnHrit-or, 30 St. Clair Avenue West, 9th Floor, Toronto, advised that he is appearing on behalf of the Missionary Church of Saint Francis of Assisi and the Endangered Animal Sanctuary. He noted that both organizations have been in existence approximately a quarter of a century with headquarters located at 773 Warden Avenue in Scarborough. The Church, Animal Rescue Mission and the Food Bank have trucking operations to distribute food During their 25 years of existence and managing the facility, there has never been an escape. Mr. Valieres and his animal keepers are good at caring for the animals and adhere to the requirements of the Ministry of Agriculture and Food who carry unannounced inspections approximately once per month and follow-up with a report of their fmdings. Mr. Chused elaborated on the various awards and other favourable citations received from the Premier of Ontario, Seneca College, etc., pertaining to the organizations' volunteer work with seniors, school groups, Guides, etc. He advised that approximately $100,000. has been spent on renovating the ham before the Rn;mRl. were moved inside. He also advised that there is a lease agreement between Bela and llona Panta, owners of the property, and his clients. He introduced Mr. Robert MacKenzie. Robert V....KPn.;". M"....nnnR'Y Church of Saint Francis of Assisi. 778 Warden Avenue, Scarborough, addressed Members of the Committee and noted the following points: . he did not approach the Municipality in early 1993 or receive correspondence from the Municipality around that time. he cannot guarantee the safety issue pertaining to the keeping of his exotic RnirnR lR but has never had a problem in the past. his organization, along with the exotic animals, moved into the Municipality on June 23, 1993. Ministry of Agriculture and Food Inspectors, Dr. Ron Urquart and Dr. Holly, Veterinarian, recently inspected the premises and he will gladly submit an inspection report with their fmdings. ....ll..~ /! i / i_ '.... G.P.& A Minutes - PUBLIC MEETINGS CONT'D. . . - 8- September 7, 1993 approximately three weeks ago Mr. AI Michael was extended an invitation, along with local residents, to visit the facility at any time. In the last few days, numerous unannounced visits were made and he does not have the staff to open gates and ham doors for each visitor; this is why these were left open so that visitors could have full access to the facility at any time. a visitors book is made avai1able for signatures of any of the approximately 10,000 people who support the organization and can visit at any time. These visitors are sent thank-you cards. He reiterated that this is not a public facility. He realizes that the railway tracks are a safety hazard but he is attempting to resolve the issue with C.N. by having a safety light installed he is willing to liaise with Mr. Michael to address his legitimate concerns pertaining to the safety of his employees. in an attempt to attenuate the roaring sound of the lions he has moved them to a more secluded area of the ham. he advised that the Endangered Animal Sanctuary is not, was not and will never be a zoo; it is a place of haven and safety for the animals. the request for a retreat is to accommodate members who wish to get away to pray and meditate. He stated that he was not able to COnIll'1ll how many members would be present at anyone time and the length of their stay. the organization has not solicited so much as five cents from the residents of the Municipality of C1arington. Approximately 90% of funds are generated from the membership and the organization's head office located in Scarborough. Some soliciting is done through the mail. Mr. Valliere has had 30 years of experience in caring for and training exotic and domestic animals. Volunteers who are trained by members of his organization also assist with caring for the animals and there is someone on the premises 24 hours per day. The ham on the Panta property presently houses two lions, three siberian tigers, four leopards, one python, two monkeys, one crow, one hawk and two lovebirds. There are never more than 30 animals in anyone facility at any time. A staff compliment of two attend the facility during the week and seven or eight members are present on the week-end. parameter fencing is presently being installed to secure the property. This was not originally done because of time restrictions. He explained that his organization was leasing property in the Town of East Gwilimbury to a landowner who defaulted on his mortgage therefore causing his Org>ln;~Rtion to vacate the premises on a mutually agreed date of June 23, 1993. He advised that the lease to purchase agreement with Mr. Panta was signed in December, 1992 or January, 1993. He concluded by stating that the Missionary Church of Saint Francis of Assisi is a federally incorporated organization and the Endangered Animal Sanctuary is a Provincially Incorporated Registered charity. /:,:0 . . . G.P.& A Minutes Rezoning, Site Plan and Official Plan Amendment Applications Bela & llona Panta D14.DEV.93.023 D09.0P A93.008/D DELEGATIONS - 9- September 7, 1993 Resolution #GPA-484-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the agenda be altered to allow for consideration of Report PD-1l6-93 at this time. "CARRIED" Resolution #GPA-485-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report PD-116-93 be received; THAT the application to amend the former Town of Newcastle Zoning By-law by Michael Manett PJaoning Services Ltd on behalf of Bela and llona Panta for the development of a monastery, religious retreat and animal farm sanctuary be denied due to concerns raised by citizens with regard to noise, safety, traffic and incompatible land uses; THAT the Region of Durham PJaoning Department be advised that the Municipality of C1arington recommends that the related Official Plan Amendment Application OPA 93-008/D be denied; THAT the By-law Enforcement Officer proceed inunediately to lay charges as related to those current uses which are not in conformity to the Zoning By-law; and THAT the interested parties listed in Report PD-116-93 and all delegations be advised of Council's decision. "CARRIED" Resolution #GPA-486-93 Moved by Councillor Scott, seconded by Councillor Novak THAT the Committee recess for fifteen minutes. IICARRIED" The meeting reconvened at 9:35 p.m. (a) Otto Provenzano, Mopro Constructioo. 309 Kenda1wood Road, Whitby, LlN 2G2 - reo Report PD-110-93 - advised prior to the meeting that he would not be in attendance. 209 - . . G.P.& A Minutes DELEGATIONS CONT'D. - 10- September 7, 1993 (b) Wayne Cbaskavich, 61 Prospect Avenue, BowmanviDe, LlC 3G9, . re: Report PD-119-93 - advised that Ronald W orboy could not be present and was appearing in his stead. The applicant requested approval of the application from the Committee since none of his neighbours object to this application, they are situated on smaller lots, there is suffICient access to the property and he is able to provide the appropriate septic tank. He advised that he was not familiar with the requirements of the Municipality. (c) Blclr. Spicer, 20 Rheder Ave., BowmanviDe, LIC 3A1 - noted concurrence with the recommendations contained in Report WD-36-93 and advised that the installation of sidewalks would be detrimental to the area (d) M.. HIIRInn.., 39 RPhrler Ave., BowmanviDe, LlC 1Z9 - stated that he is opposed to the recommendations contained in Report WD-36-93. Before purchasing this property he thoroughly researched the Subdivision Agreement which stated that sidewalks would be included in his purchase price and he noted that all purchasers were familiar with this agreement. The installation of sidewalks would facilitate pedestrian flow to downtown and the library. It is his opinion that sidewalks and trees enhance an area, add to property values and the safety of children playing. (1) Bill CMbn..,m appeared on beba1f of Brian Ward, P.O. Box 65, R. R. #5, Osbawa - re: Refreshment Vehicle located on Taunton Road - advised Members of the Committee that this Refreshment Vehicle has been located on Taunton Road for approximately 25 years. Ruth Ward purchased this vehicle approximately 1 112 years ago and is not able to acquire a license from the Municipality of C1arington because the site is not appropriately zoned to accommodate Refreshment Vehicles. He requested Members of the Committee to help Brian Ward to allow the refreshment vehicle to operate from this site. PLANNING AND DEVELOPMENT Rezoning Application Ridge Pine Park Inc. DI4.DEV.93.024 Resolution #GPA-487-93 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report PD-115-93 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Ridge Pine Park Inc., be referred back to Staff for further processing pending the receipt of all outstanding comments; and THAT the interested parties listed in Report PD-115-93 and any delegation be advised of Council's decision. IlCARRIED" LiO - . . G.P.& A Minutes - 11 - September 7,1993 PLANNING AND DEVELOPMENT CONT'D. Report PD-116-93 was considered earlier in the meeting. Exemption from Part Resolution #GPA-488-93 Lot Control - Melody Homes Moved by Councillor Dreslinski, seconded by Councillor Novak D14.DEV.93.026 Monitoring of the Decisions of the Committee of Alljustment D13.3807.MO Rezoning Application Wayne Cbaskavich D14.DEV.93.005 THAT Report PD-117-93 be received; THAT the request submitted by Rady-Pentek and Edward Surveying Ltd., on behalf of Melody Homes, for removal of Part Lot Control on Lots 37 to 40 inclusive, on Plan 40M-I714 and Lots 1 to 36 inclusive, on Plan 40M-1723 be approved; THAT the by-law attached to Report PD-117-93 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50(7) of the Planning Act; and THAT the interested parties listed in Report PD-117-93 and any delegation be advised of Council's decision. "CARRIEDII Resolution #GPA-489-93 Moved by Councillor Scott, seconded by Councillor Novak THAT Report PD-118-93 be received; THAT Council concur with the decisions of the Committee of Adjustment made on July 22, August 5 and August 19, 1993; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. "CARRIEDtI Resolution #GPA-490-93 Moved by Councillor O'Toole, seconded by Councillor Hannah THAT Report PD-119-93 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Wayne Chaskavich, be referred hack to Staff for discussions with the applicant and his representatives; and THAT the interested parties listed in Report PD-119-93 and any delegation be advised of Council's decision. "CARRIED" ill . . . G.P.& A Minutes - 12- September 7, 1993 PLANNING AND DEVELOPMENTS CONT'D. Meeting with M.T.O. Resolution #GPA-491-93 and the Hasiuk Family Official Plan Review Public Consultation Report 3 - Phase 1 Submissions Amendments to Building By-law to Reflect Change in Bill 112, An Act to Revise the Building Code Act Monthly Report on Building Permit Activity for August, 1993 CLERK'S DEPARTMENT Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-120-93 be received and that no further action be taken on matters related to the Hasiuk's property; and THAT Mr. William J. Hasiuk, Mr. Gerald Hasiuk, Mr. William Hasiuk, Mrs. Sylvia Polak, and the M.T.O. be advised of Council's decision. "CARRIED" Resolution #GPA-492-93 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-121-93 be received for information. "CARRIEDII Resolution #GPA-493-93 Moved by Councillor ffRnnRh, seconded by Councillor Dreslinski THAT Report PD-122-93 be received; and THAT the Building By-law attached to Report PD-122-93 be approved "CARRIED" Resolution #GPA-494-94 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report PD-123-93 be received for information. "CARRIED" Councillor Novak chaired this portion of the meeting. Parking Enforcement Resolution #GPA-495-93 Monthly Report for Month of July, 1993 Moved by Councillor Dreslinski, seconded by Councillor O'Toole THAT Report CD-14A-93 be received for information. "CARRIED" L L . . . G.P.& A Minutes - 13- September 7,1993 CLERK'S DEPARTMENT CONT'D. Request from the Kinsmen Club for a Licence to Hold An Exhibition for Hire or Gain (1993 Finals of the Ontario Rodeo) Resolution #GPA-496-93 Moved by Mayor Hamre, seconded by Councillor JlRnnRh THAT Report CD-15A-93 be received; THAT the Kinsmen Club be exempted from the provisions of By-law 91-95, as amended, for the 1993 Finals of the Ontario Rodeo Association Inc. scheduled to be held on October 1, 2 and 3, 1993, with the exception of the requirement for an inspection and approval of the Fire Department and the Regional Health Department; THAT the Kinsmen Club be exempted from the provision of Section 4. k) of By-law 91-56, provided they submit a certilled copy of a comprehensive general liability policy of insurance providing for limits of protection of at least $6,000,000 in respect of the rodeo, which names the municipality as an insured party; THAT, although the 30 day requirement as detailed in Section 2 (a) of By-law 91-56 cannot be met, the Clerk be authorized to issue a licence for an exhibition held for hire or gain to the Kinsmen Club, provided they comply with all other requirements of the municipality; and THAT Jeff Davis be advised of Council's decision. "CARRIED" Councillor O'Toole chaired this portion of the meeting. TREASURY DEPARTMENT Reimbursement of Expenses to the Mayor and Members of Council June & July, 1993 Resolution #GPA-497-93 Moved by Councillor DresJinski, seconded by Councillor Novak THAT Report TR-68-93 be received for information. "CARRIED" Tender NW93-25, Resolution #GPA-498-93 Supply and Installation of Lubreel System Moved by Councillor Scott, seconded by Councillor Novak THAT Report TR-69-93 be received; THAT Crown Maintenance Inc., Whitby, Ontario, with a total bid of $19,113.02 (including all taxes), being the lowest responsible bidder meeting all terms, conditions and specifIcations of Tender NW93-25, be awarded the contract for the supply and installation of a Lubreel System to the Municipality of C1arington, as required by the Department of Public Works; and L.15 . . . G.P.& A Minutes - 14- September 7, 1993 TREASURY DEPARTMENT CONT'D. THAT the required funds be drawn from the approved 1993 Public Works Department Capital Budget, Account #2900-00010-0000.THAT Crown Maintenance Inc., Whitby, Ontario, with a total bid of $19,113.02 "CARRIED" Lease Agreement Resolution #GPA-499-93 247 King Street East Newcastle Moved by Mayor Hamre, seconded by Councillor Scott THAT Report TR-70-93 be received; THAT the By-Law attached to Report TR-70-93 be passed, authorizing the Mayor and the Clerk to sign a rental agreement with Claude Miller; and THAT Claude Miller be advised of Council's decision. "CARRIEDt' Tender Q93-8 - Resolution #GPA-500-93 Supply and Installation of Automatic Doors - Moved by Councillor Dreslinski, seconded by Councillor Novak Bowmanville Library THAT Report TR-71-93 be received; THAT Enex Door Automation Inc., Concord, Ontario, with a total bid price of $18,179.30, be awarded the contract for the supply and instal1ation of Automatic Doors at the C1arington Library, Bowmanville Branch, as required by the Department of Community Services; and THAT the funds expended be drawn from the Community Services Capital Budget Account #7027-1-501 (1992 Budgeted value of $12,000.00) Library Lot Levy Account #1l10-160-X with the additional funds in the amount of $6,179.30 to be drawn from the Community SerVices Lot Levy Reserve Fund Account #7027-00001-0501. "CARRIED" Request for Proposal Resolution #GPA-501-93 RFP93-1 - Supply and Installation of Moved by Councillor Hannah, seconded by Councillor Scott Playground Structure THAT Report TR-72-93 be received; THAT Belair Recreational Products Inc., Brantford, Ontario, with a total bid price of $13,344.72 be awarded the contract to supply and install a Playground Structure at Soper Creek Park, as required by the Department of Community Services; and THAT the funds expended be drawn from the Community Services 1993 Capital Budget Account # 7603-1-516. "CARRIED" LI4 . . . G.P.& A Minutes - 15- September 7,1993 TREASURY DEPARTMENT CONT'D. Resolution #GPA-502-93 Tender NW93-27 - Elliot Memorial Park Tender NW93-29, One (1) Ouly 1050 IGPM Pumper Moved by Councillor Hannah, seconded by Councillor Novak THAT Report TR-73-93 be received; THAT Snyder Construction, Whitby, Ontario, with a total bid in the amount of $62,288.71, being the lowest responsible bidder meeting all terms, conditions and specifICations of Tender NW93-27, be awarded the contract for Elliot Memorial Park, as required by the Department of Community Services; THAT the By-Law attached to Report TR-73-93, Schedule "N, be forwarded to Council for approval; and THAT the total required funds in an approximste amount of $69,788. 71 (62,288.71 contract + $7,500.00 consulting, design, contract administration and expenses), be drawn from the Community Services Lot Levy Account #1110-156-X as carried over from 1992. "CARRIED" Resolution #GPA-503-93 Moved by Councillor Hannah, seconded by Councillor Scott THAT Report TR-74-93 be received; THAT Ahnonte Fire Truck Ltd, Carleton Place, Ontario, with a total bid of $295,004.35 (including all taxes), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender NW93-29, be awarded the contract to supply and deliver one (1) Only 1050 IGPM Pumper to the Municipality of C1arington, as required by the Fire Department; and THAT the required funds be drawn from the approved 1993 Fire Department Capital Budget, account #7102-00001-0504, FORTHWITH. "CARRIEDII Tender Awards Resolution #GPA-504-93 August Council Break Moved by Councillor Scott, seconded by Councillor Novak THAT Report TR-75-93 be received and endorsed; and THAT the By-laws attached to Report TR-73-93 as schedules "N and "B" be forwarded to Council for approval. "CARRIED" '. e- LIJ . . . G.P.& A Minutes FIRE DEPARTMENT - 16- September 7, 1993 There were no reports considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Councillor Hannah chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Confidential Report WD-34-93 Parking, Prince Street, Bowmanville Resolution #GPA-505-93 Moved by Mayor Hamre, seconded by Councillor O'Toole THAT Confidential Report WD-34-93 be referred to the end of the agenda to be considered "In Camera". "CARRIED" Resolution #GPA-506-93 Moved by Councillor O'Toole, seconded by Councillor Novak THAT Report WD-35-93 be received; THAT parking be prohibited on both sides of Prince Street, Bowmanville, in accordance with the residents' requests; and THAT the By-laws attached to Report WD-35-93 be passed by Council "CARRIED" Petition Regarding Resolution #GPA-507-93 Sidewalks on Edsall and Rehder Avenues, Moved by Councillor O'Toole, seconded by Mayor Hamre Plan 18T-87005, Bowmanville THAT Report WD-36-93 be received; THAT a cash payment of $5,522.50 be accepted from 671461 Ontario Limited in lieu of the construction of sidewalks in front of 20 to 38 Rehder Avenue and 15 Edsall Avenue within Plan 18T-87005 and in front of 12 to 16 Rehder Avenue, external to Plan 18T-87005; THAT the $5,522.50 be kept in a reserve fund to help pay the cost of constructing the sidewalks at some future date if requested by a majority of the property owners within Plan 18T -87005 and the property owners at 12 to 16 Rehder Avenue; and THAT Mr. Rick Spicer, Mr. R. C. Annaert and Mr. M. JlR.kin. be advised of Council's decision. "CARRIED" (16 . . . G.P.& A Minutes ADMINISTRATOR UNFINISHED BUSINESS -17 - September 7,1993 There were no reports considered under this section of the agenda. Request for Closure Resolution #GPA-508-93 and Conveyance of the Unopened Road Moved by Mayor Hamre, seconded by Councillor Dreslinski Allowance Between Lots 2 and 3, Conc. 8, THAT Addendum to Report WD-28-93 be received; former Township of Clarke, to Mario Veltri THAT Report WD-28-93 be received; Request for Payment Line Fence Dispute Mrs. K. Coke THAT the request to stop-up, close and convey the subject unopened road allowance be denied; and THAT Sam L. Cureatz, Barrister and Solicitor, be advised of Council's decision. "CARRIED" Resolution #GPA-509-93 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the Addendum to Report CD-25-92 be received; THAT Report CD-25-92 be received; THAT, because of the negative fmancial impact on all taxpayers of the municipality, a by-law not be passed under Section 12 (6) of the Line Fences Act to provide for the municipality to pay "up front" to the owner, awards granted under said Act; and THAT Kathleen Coke and Richard Murphy be advised of Council's decision. "CARRIED" Mayor Hamre chaired this portion of the meeting. Resolution #GPA-510-93 Moved Councillor JlRnnRh, seconded by Councillor Novak THAT the delegation of Bill Chatsman be acknowledged; THAT his request on behalf of Brian Ward, for the issuance of a licence for his refreshment vehicle located on Taunton Road be referred to Staff for review and report; and THAT Bill Chatsman and Brian Ward be advised of Council's decision, FORTHWITH. "CARRIED" [.'17 . . . G.P.& A Minutes OTHER BUSINESS Durham Central Agricultural Society Request for Permission to hold Parade Oshawa and District Real Estate Board Request for ProcJamation of Ontario Home Week - 18- September 7, 1993 Resolution #GPA-51l-93 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the correspondence dated July 19, 1993 from Joyce Boudreau, Secretary-Treasurer, Durham Central Agricultural Society, requesting permission to hold a parade on September 10 and 11, 1993, in coqjunction with the fair, be received; THAT permission be granted to the Durham Central Agricultural Society provided they apply for and obtain a Road Occupancy Permit from the Director of Public Works and meet all of the requirements of the Public Works Department; and THAT Joyce Boudreau be advised of Council's decision, FORTHWITH. "CARRIED" Resolution #GPA-512-93 Moved by Councillor Novak, seconded by Councillor Scott THAT the correspondence dated August 4, 1993 from Blair Buchanan, Community Affairs Chairperson, Oshawa & District Real Estate Board, requesting the proclamation of "Ontario Home Week" be received; THAT the week of September 26 to October 2, 1993 be proclaimed "Ontario Home Week" in the Municipality of C1arington and advertised in accordance with the Municipality's policy; and THAT Blair B,,~hRnRn be advised of Council's decision, FORTHWITH. "CARRIED" Resolution #GPA-513-93 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Larry Kotseff, Chief .Anm;n;.trative Officer of the Municipality of C1arington be thanked for his loyal and firithful service to the Municipality of Clarington during his 7 -year tenure with the Municipality; and THAT he be forwarded Council's best wishes in his future endeavours. IICARRIED" Resolution #GPA-514-93 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting be "In Camera". "CARRIED" ..i}) . . . G.P.& A Minutes - 19- September 7,1993 OTHER BUSINESS CONT'D. ADJOURNMENT Resolution #GPA-515-93 Moved by Councillor Hannah, seconded by Councillor Scott THAT the actions taken "In Camera" be approved. IlCARRIED" Resolution #GPA-516-93 Moved by Councillor O'Toole, seconded by Councillor Novak THAT the meeting adjourn at 12:05 am. "CARRIED" $~J~~~AP: / Chairman, Planning and Development Department ~i ~.,;- Deputy lerk . '7 {:I9'