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HomeMy WebLinkAbout09/30/2002 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON September 30,2002 Minutes of a regular meeting of Council held on September 30, 2002, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana (attended until 8:10p.m.) Director of Emergency Services/Fire Chief, M. Creighton (attended until 8:10 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 8:10 p.m.) Director of Corporate Services, M. Marano (attended until 8:10 p.m.) Director of FinancelTreasurer, N. Taylor (attended until 8:10 p.m.) Confidential Secretary to the Clerk, H. Keyzers (attended until 8:10p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. . . . Council Minutes MINUTES ANNOUNCEMENTS PUBLIC MEETING DELEGATIONS - 2- September 30, 2002 Resolution #C-496-02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on September 16, 2002, be approved. "CARRIED" Councillor Rowe attended the 2002 Ontario Volunteer Services Awards ceremony on Thursday, September 26, 2002. John O'Toole, Jim Flaherty and Janet Ecker were in attendance. She encouraged community groups to nominate people for these awards. On September 2, 2002, Councillor Rowe attended a Test Hill Task Force meeting hosted by Scugog Township. Councillor Rowe advised that the Town of Scugog will be requesting Regional approval. A public meeting is being held for the purpose of: . Passing a by-law to establish, layout, open and dedicate as a public highway Parts 14 and 17 as shown on plan of survey of record 10R-3804. No one spoke in opposition to or in support of this application. Hannu Halminen, 1748 Baseline Road West, Courtice, L 1 E 2T1, advised prior to the meeting that he would not be in attendance. Resolution #C-497-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the meeting be "closed" to consider the delegations of Louis Pawlikowski regarding a confidential property matter and Joseph Fernandes regarding Confidential Report CLD-039-02. "CARRIED" The meeting continued in "open" forum at 7:32 p.m. . . . Council Minutes COMMUNICATIONS I - 1 C06.LA 1-2 C06.BO 1-3 A01.GR 1-4 E05.GE 1- 6 C06.CL 1-7 M02.GE 1- 10 S08.SM -3- September 30,2002 Resolution #C-498-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved with the exception of Items I - 5, 1- 8, 1- 9, 1- 11, I - 12, 1- 14 and 1-18. "CARRIED" Minutes of the Local Architectural Conservation Advisory Committee meeting dated June 18, 2002. (Received for Information) Minutes of the Clarington Museums Transitional Board meeting dated July 10, 2002. (Received for Information) Karen Campbell, President & CEO, Greater Toronto Marketing Alliance, advising Council that Gerald Pisarzowski is the new Vice President, Business Development effective September 30, 2002. (Received for Information) Ontario Power Generation, providing Council with a copy of the Darlington Nuclear Neighbours newsletter. (Received for Information) Minutes of the Clarington Agricultural Advisory Committee meeting dated June 13, 2002. (Received for Information) The Learning Partnership, providing Council with a Workplace Guide 2002, Take Our Kids to Work Program. (Received for Information) Gary Lounsbury, Chair, Durham Haliburton Kawartha & Pine Ridge District Health Council (DHKPR DHC), encouraging Council to permit the Regional Council to pass a Regional by-law regulating smoking in public places and workplaces. They believe that a uniform by-law will ensure a level playing field and greater compliance with the regulations throughout the Region. The Health Council is concerned about the detrimental effects of tobacco and secondhand smoke on health and health services utilization. . . . Council Minutes COMMUNICATIONS 1- 13 M02.GE 1- 15 E06.GE 1-16 E05.GE 1-17 A16.CA -4- September 30, 2002 The impacts on the health care system are significant and involve increased resource utilization and expenditures associated with the treatment of related illnesses and health problems. (Received for Information) Joan Conn, President, Ontario Zone, Canadian Red Cross, inviting Council to fill out a questionnaire as one of many internal and external stakeholders they are consulting during a nation-wide effort that will culminate in a final report to the Red Cross General Assembly in September 2003. This round of community consultation builds on a national blueprint called "Preparing for Our Future" released in 2000, in which the Red Cross identified its four major priorities as Disaster Services, International Services, Volunteer Foundations and Fund Development. All questionnaires are to be submitted by October 1, 2002. (Received for Information) George Armstrong, Manager of Regulatory Affairs, Veridian Corporation, providing Council with a copy of a notice of application, concerning a request by Veridian Connections Inc. to expand its licensed service area. (Received for Information) Alderman John Schmal, President, Federation of Canadian Municipalities, advising Council that actions need to be undertaken at all levels of government to contribute to cleaner air in our communities. Municipal governments have been active in reducing air pollution by increasing the energy efficiency of buildings and fleets and promoting public transit and alternative energy sources for power generation. However, more resources and leadership are needed. (Received for Information) Honourable Andre Ouellet, President and Chief Executive Officer, Canada Post Corporation, providing Council with a copy of a press release dated September 12, 2002, announcing the stamp program for the year 2003. Mr. Ouellet is pleased to inform Council that their suggestion on volunteer firefighters has been selected to be featured in their stamp program for next year. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-19 R05.GE 1- 20 C06.NE 1- 21 D21.GE 1-5 C07.GE - 5 - September 30, 2002 Ian Hennigar, Executive Director, Ontario Speed Skating, congratulating the Municipality of Clarington on the occasion of the sod-turning for the Olympic arena set to open in 2003. There is no doubt that such a facility is needed in the area and will be well used by the citizens of this community. In addition, the arena will allow the Municipality to showcase itself by being able to host local, Provincial and National events which will draw many visitors to the area. (Received for Information) Minutes of the Newcastle Community Hall Board meeting dated September 16, 2002. (Received for Information) Joint News Release, advising Council that progress has accelerated as delegations from Canada, the European Union, Japan and the Russian Federation met to negotiate the implementation of the Iter fusion project. At the conclusion of the meeting, the delegations were unanimous in expressing their optimism at the substantial progress made on the issues critical to the implementation of the Iter project, in particular the successful beginning to the process for the Joint Assessment of Specific Sites. (Received for Information) Murray Paterson, President, Newcastle/Bond Head Ratepayers' Association, advising Paul Macklin, M.P. and Alex Shepherd, M.P. that the Board of Directors of the Newcastle/Bond Head Ratepayers' Association felt that the opinion of their Association should be expressed to their elected representatives regarding the proposed federal electoral boundaries. They strongly oppose the proposed new boundaries which would link them with Northumberland. Clarington has no common interest with Northumberland and, as one of the fastest growing areas in Ontario, they feel that they have a much stronger association with the interests of the G.T.A. Resolution #C-499-02 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the opinion of the Newcastle/Bond Head Ratepayers' Association regarding the proposed federal electoral boundaries be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 8 P17.GE 1-9 E05.GE - 6- September 30, 2002 Rod Piukkala, Deputy Chief of Operations, Durham Regional Police Service, advising Council that they are interested in being provided with a copy of Enid Slack's report dealing with the provision of policing services in the Municipality of Clarington. Mr. Piukkala believes a portion of that report deals with the issue of deployment of resources to the patrol zones within Clarington. Concurrent with the municipality's study, they have been meeting with Inspector Cameron to ensure the deployment of personnel to the areas within Clarington are appropriately resourced having due regard to contractual issues, population, calls for services, specific types of calls which require two officer response, number of kilometres of roads, school populations and a host of other factors. Resolution #C-500-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item I - 8 be referred to the Director of Finance. "CARRIED" Joan Andrew, Assistant Deputy Minister, Environmental Sciences and Standards Division, Ministry of the Environment, informing Council of the ministry's new Drinking Water Information System (DWIS). DWIS is a web-based program designed to improve the exchange of information to stakeholders, the public and ministry staff. DWIS will consist of four modules: . Waterworks Profiles; . Quarterly/Annual Reports; . Adverse Water Quality Incident Reporting; and . Laboratory Reporting. Resolution #C-501-02 Moved by Councillor Rowe, seconded by Councillor Robinson THAT Correspondence Item I - 9 be referred to the Clarington Agricultural Advisory Committee and Protect the Ridges. "CARRIED" . . . Council Minutes COMMUNICATIONS I - 11 L 11.GE 1-12 L 11.GE 1- 14 L 11.GE - 7- September 30,2002 Government of Canada, providing Council with an information kit on the Boardband for the Rural and Northern Development Pilot Program. The $105 million pilot program provides funding through a competitive process to support the deployment of innovative and sustainable broadband services to Canadian communities that currently have no high-speed Internet access. Resolution #C-502-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item I - 12 be referred to the Director of Corporate Services. "CARRIED" Janet Ecker, Minister of Finance and Chris Hodgson, Minister of Municipal Affairs and Housing, inviting interested municipalities to come forward with proposals to host one of six tax-incentive zone pilot projects. The experiences gained from the pilots, along with the advice received through consultations with business and community leaders, will allow the government to design a tax- incentive zone program that best supports the economic development and job creation needs of communities across the province. They are providing municipalities with a checklist of information they should include in their Expression of Interest proposals. Expressions of Interest must be received by October 18, 2002. Resolution #C-503-02 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item I - 12 be referred to the Director of Finance and a copy be forwarded to the Board of Trade. "CARRIED" Allan Rock, Minister of Industry and Jane Stewart, Minister of Human Resources Development Canada, providing Council with two policy papers: Achieving Excellence: Investing in People, Knowledge and Opportunity and Knowledge Matters: Skills and Learning for Canadians. . . . Council Minutes COMMUNICATIONS 1-18 E05.GE - 8 - September 30, 2002 Resolution #C-504-02 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item I - 14 be copied to the Clarington Library. "CARRIED" Roger Anderson, Regional Chair, Region of Durham, writing to The Honourable Chris Stockwell, Minister of the Environment, advising him how shocked he is by the approach to consultation taken by the Ministry of Environment on the development of a source to tap drinking water policy instrument. Despite the fact that municipalities provide the vast majority of Ontario's drinking water and will be directly affected by the legislation, there was no direct communication or distribution of the document to municipalities formally requesting their comments. Resolution #C-505-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item I - 18 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" Resolution #C-506-02 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 4, D - 8, D - 10 and D - 12 to D - 14, inclusive. "CARRIED" . Council Minutes COMMUNICATIONS D - 1 M02.GE D-2 M02.GE . D-3 M02.GE D-5 COPA.2202.009 . - 9- September 30,2002 Becky Wall, Public Health Nurse, Region of Durham, requesting Council to proclaim October 2,2002, as International Walk to School Day (IW ALK). On October 4, 2001, more than 135,000 students and their families from over 440 schools participated in IWALK in Ontario. A total of 22 schools in Durham Region participated. International Walk to School Day provides an opportunity to build a sense of community, increase participation in physical activity, reduce air pollution and promote safe walking routes in our community. (Proclaimed) Donna Schinkel, Chairperson, Durham Region Breastfeeding Coalition, requesting Council to proclaim October 1 - October 7, 2002, as World Breastfeeding Week. This year's theme is "Healthy Mothers, Healthy Babies". It recognizes that breastfeeding plays an integral role in the overall health and well being of women, babies and our population as a whole. (Proclaimed) Rev. Mr. Markus J. Lise, Special Emphasis Day for Spiritual and Religious Care, requesting Council to proclaim October 25, 2002, as Special Emphasis Day for Spiritual and Religious Care (SPARC) for the Whitby Mental Health Centre catchment area. (Proclaimed) Ron Hooper, Chairman, Board of Management, Bowmanville Business Centre, advising Council that the Board of Management endorses the Municipality's strategy of developing a commercial corridor along Highway #2 in Bowmanville. However, they do have a primary concern that new commercial be balanced with the new residential, such that the two proceed, more or less, in unison. Mr. Hooper is requesting that a extensive independent Market and Planning Study be made, relating population growth to population thresholds for allowable commercial retail space on acceptable and recognized levels regarding the development applications by West Diamond Properties Inc., Players Business Park Ltd., and Valiant Property Management. A component part of this market study should take into consideration: 1. the effect of "Big Box Stores" at least one of which is proposed, on the available dollars to be spent in other type stores; . . . Council Minutes COMMUNICATIONS D-6 R01.GE D-7 T08.GE - 10- September 30, 2002 2. an attempt to inventory the present type of commercial development (e.g. retail, food, restaurant services, etc.) which already exists in the M.C.A. and the West M.C.A. and relate it to the type of retail space specifically to be permitted in the extended new zone; and 3. include any vacant square foot commercial space which currently exists in the M.C.A. and West M.C.A. (Correspondence referred to the Director of Planning Services) David C. Reesor, advising Council that he does not support the drive by what appears to be a small group of homeowners to make a large residential area historically protected. When Mr. Reesor purchased his home in April 1989, he had previously rejected a "Heritage Conservation District" home at Myrtle because of the restrictions associated with owning that type of residence. Now he is faced with the same issue fourteen years later. The group driving this initiative does not represent Mr. Reesor, nor, he suspects, a greater number of homeowners in the area in question. Homeowners in the area are not being made aware of the restrictions this program includes. Please support the silent group that wants to live in Bowmanville and not have constraints imposed on them by a few upper end homeowners who have or can designate their homes. (Correspondence referred to the Director of Planning Services and to advise Mr. Reesor of the actions taken with respect to Report PSD-091-02) C.V. Bergmann, requesting Council to place traffic lights at the intersection of Courtice Road and Nash Road, Courtice. On September 12, 2002, the intersection of Courtice and Nash Road once again was the site of a car accident. This intersection is also the route of travel for those attending Courtice High School no more than 100 feet away. Walking students have to cope with heavy traffic to cross Nash Road and/or Courtice Road to get to and from school. (Correspondence referred to the Director of Engineering) . . . Council Minutes COMMUNICATIONS D-9 C06.CL D - 11 M02.GE D-4 P16.GE - 11 - September 30, 2002 Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on September 12, 2002, passed the following resolution: "THAT in order for Council to ensure the safety of our residents, the installation of slow moving farm vehicle signs on Clarington's road be carried out FORTHWITH." (Correspondence referred to the Director of Engineering) James M. Flaherty, Minister of Enterprise, Opportunity & Innovation, providing Council with the 2002 Ontario Global Traders Awards Nomination Guide. Ontario exporters are among the most innovative and entrepreneurial companies in the world. They help maintain Ontario's competitive position in global markets. They drive our economy and create the jobs that help maintain our quality of life. Nominations must be received by November 1, 2002. (Municipal Clerk to place an ad in accordance with the Municipality's advertising policy) Gordon H. Moore, Canadian Red Cross, providing Council with a copy of a report entitled Ice Storm Assistance Program Review. The Honourable Bob Runciman, Minister of Public Safety and Security, announced the new Community Emergency Response Volunteer (CERV) Ontario program. The provincial initiative provides $1 million to help municipalities develop a multi-functional team of volunteers trained in basic emergency management principles and skills. The Canadian Red Cross provides a cost- effective system of assurance, whereby the combined strengths of individuals, the Municipality of Clarington, the Province of Ontario, and Red Cross volunteers, can be mobilized to ensure all needs are met in the event of a disaster occurring within Clarington's jurisdiction. Resolution #C-507 -02 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 4 be referred to the Director of Emergency Services. "CARRIED" . . . Council Minutes COMMUNICATIONS D-8 T02.GE - 12- September 30, 2002 Mr. and Mrs. James Cockerham, providing Council with a copy of a letter written to John O'Toole, MPP, regarding the LCBO Agency Store currently located in the Hampton General Store, Old Scugog Road, Hampton. There was no communication with the citizens within the Hampton community before the store opened and therefore how could the LCBO or the Municipality of Clarington know if there was in fact any opposition to such a project. The Cockerhams feel that this was not a choice location for an Agency store. It is located next to a church and is surrounded by residential homes, not commercial stores. This is an area where school children catch buses and minors are known to frequent. The Cockerhams also advise of the following issues: . Traffic; Parking; Noise; Safety issues; The current owner has owned the property for one year not two; No accessibility for physically challenged customers; and Beverages are located in the same fridge as the milk, juices, etc. . . . . . . Resolution #C-508-02 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item D - 8 be received; THAT the correspondence be referred to the Director of Planning Services, the Director of Engineering Services and the Municipal Clerk to address those concerns related to municipal issues with respect to the Hampton General Store; THAT Mr. And Mrs. James Cockerham be advised that the LCBO approval process falls under Provincial jurisdiction; THAT the Alcohol and Gaming Commission be requested to advise the Municipality of Clarington directly when any future applications for store front LCBO operations are received; and THAT a copy of this resolution be forwarded to John O'Toole, M.P.P. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 10 M02.GE D - 12 C10.MO -13- September 30, 2002 Jan E. Gray, Director of Marketing, Communications and Business Development, Ontario Heritage Foundation, advising Council that the Ontario Heritage Foundation is working with communities from across the province on an exciting new initiative called Doors Open Ontario - a province-wide celebration of community heritage. Launched by the Foundation in February, the program is designed to create access, awareness and excitement about our heritage as well as generate economic and business opportunities at the community level through programming and heritage tourism packages. The Foundation is inviting Clarington to consider participating in the 2003 Doors Open Ontario program. The Foundation will be hosting six regional Doors Open Ontario Information Sessions across the province between October and December. Resolution #C-509-02 Moved by Councillor MacAthur, seconded by Councillor Rowe THAT Correspondence Item D - 10 be referred to the Director of Corporate Services and the Director of Finance. "CARRIED" Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa, on September 9, 2002, passed the following resolution: "1. THAT City Council endorse resolution 0128-2002 of the City of Mississauga regarding the Ontario Municipal Board; 2. THAT City Council agree to participate with other municipalities in a committee to make specific recommendations to the Provincial government with respect to Ontario Municipal Board reforms; 3. THAT the Province be requested to undertake an immediate review of the Ontario Municipal Board with an emphasis on its need, role and function, including its jurisdiction in local municipal planning and policy matters; and 4. THAT copies of City Manager's Report CM-02-69 dated August 29, 2002, be forwarded to Oshawa MPP's, the Minister of Municipal Affairs, the Regional Municipality of Durham and its local area municipalities." . . . ~/ Council Minutes COMMUNICATIONS D -13 F11.GE D -14 S08.SM - 14- September 30,2002 Resolution #C-51 0-02 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence Item D - 12 be received for information. "CARRIED" Sylvia Pivko, Executive Director, Durham Family Court Clinic, requesting Council to sponsor a team of four participants who in turn would obtain sponsorships from friends and colleagues to support their participation in the annual Car Rally kick-off festivities. By sponsoring a car in their annual Charity Car Rally, Clarington will be help them to bring their services to some of the most vulnerable and alienated youth in Durham Region. Resolution #C-511-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT Sylvia Pivko, Durham Family Court Clinic, be advised of the Municipality of Clarington's grant policy. "CARRIED" Carol Smitton, Committee Secretary, Region of Durham, advising Council that the Region of Durham on September 5, 2002, passed the following resolution: "THAT the Health & Social Services Committee, pursuant to the authority granted it by the Regional Council as the lead of the Region's Regional smoking by-law public consultation: a) Forwards the attached 'Regional Smoking By-law Report' to Durham Region's area municipal Councils for information; and b) Requests Ajax, Brock, Clarington, Oshawa, Scugog, Uxbridge and Whitby Councils to advise the Commissioner & Medical Offer of Health, preferably on or before October 18, 2002, if they grant the Regional Council [final] approval to pass a Region- wide by-law regulating the smoking of tobacco in public places and workplaces, as per Regional Council's request of January 23, 2002." . . . Council Minutes COMMUNICATIONS REPORTS Report #1 G.PA Report Sept. 23, 2002 - 15- September 30,2002 Resolution #C-512-02 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D -14 be received; and THAT the Regional Municipality of Durham be advised that the Council of the Municipality of Clarington grants Regional Council final approval to pass a Region-wide by-law regulating the smoking of tobacco in public places and workplaces, as per Regional Council's request of January 23, 2002, providing Regional Council has regard for the regulations contained within the Smoking in the Workplace Act. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nav Interest Absent Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X Resolution #C-513-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the actions taken by the General Purpose and Administration Committee on September 23, 2002, be approved with the exception of Item #4. "CARRIED" . . . Council Minutes REPORTS - 16- September 30, 2002 Resolution #C-514-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT Report PSD-091-02 be received; THAT the By-law attached to Report PSD-091-02 be approved to initiate the study of a portion of the Bowmanville urban area as a Heritage Conservation District pursuant to Section 40 (1) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and THAT all interested parties listed in Report PSD-091-02, all property owners identified on Attachment 8 of Report PSD-091-02 and any delegations be advised of Council's decision. "CARRED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nay Interest Absent Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mayor Mutton X Resolution #C-515-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the Confidential Report of the Solicitor regarding a legal matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" . . . Council Minutes BY-LAWS - 17- September 30, 2002 Resolution #C-516-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2002-147 to 2002-154, inclusive and that the said by-laws be now read a first and second time: 2002-147 being a by-law to amend the procedural by-law of Council by adopting the schedule of meetings for the term of Council and to amend By-law 2000-203 2002-148 being a by-law to establish, layout, open and dedicate as a public highway Parts 14 and 17 on Reference Plan 10R-3804 2002-149 being a by-law to authorize a Letter of Agreement between the Corporation of the Municipality of Clarington and Ontario Minister of Transportation, to enter into an agreement regarding Ontario Transit Renewal Program 2002-150 being a by-law to initiate the study of a portion of the Bowmanville urban area for its potential as a designated Heritage Conservation District 2002-151 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-152 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Barr's Roofing and Sheet Metal, Newcastle, Ontario, for the Rehabilitation of the Sand Dome and Salt Shed at the Orono Operations Depot, Orono, Ontario 2002-153 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Contracting Inc. Fonthill, Ontario, to enter into agreement for the Guide Rail Installation . ,. . Council Minutes - 18- September 30, 2002 BY-LAWS 2002-154 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and Marva Ward in respect to the purchase of 175 Port Darlington Road, Part Lot 9, Broken Front Concession, former Town of Bowmanville, Municipality of Clarington "CARRIED" Resolution #C-517-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-laws 2002-147 to 2002-154, inclusive, be approved. "CARRIED" OTHER BUSINESS Resolution #C-518-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Fall Festival event sponsored by the Newcastle BIA on October 5, 2002, from 8:00 a.m. to 5:00 p.m. be approved by the Council of the Municipality of Clarington provided the organizers apply for and obtain a road occupancy permit. "CARRIED" Councillor MacArthur brought to Council's attention the complaints that he was been receiving regarding the noise of engine (jake) brakes from trucks travelling on Regional Road 57. Regional Update Mayor Mutton advised that the Regional Finance Committee is recommending to Council that an additional Council representative and citizen representative be added to the Police Services Board. . Council Minutes OTHER BUSINESS Board/Committees Update . . - 19- September 30, 2002 Councillor Pingle advised Council that the Clarington Clarke Museum is hosting the A.A. Drummond Art Exhibit. On October 5, 2002, there will be an open house at the Clarke Museum. The Tuff family will be showing their prize horses which are direct descendents of horses sent to New France by King Louise IX. On the evening of October 4, 2002, there will be a free fall open house at the Bowmanville Museum. The Tyrone Community Hall Board is hosting their first euchre night on October 4, 2002 and October 26, 2002 they will be having a Halloween Dance. The Ontario Power Generation Site Planning Committee has been nominated as Corporation of the year for Lands for Learning to take place in Baltimore, USA. Three years ago they were nominated as rookie of the year; there are only 200 sites that are certified internationally. A woodland walk has been completed. A new soccer field and parking lot for 147 cars are being constructed. A new OPG Educational Program between Bowmanville High School and John James Public School will consist of building a nature area (pond or garden) at John James School. Secondary students will plan, do an environmental assessment (soil testing) and contract the work out to the students. Councillor Robinson advised Council that the Kendal Community Centre has completed painting and the removal of plywood from the windows. Kendal Day was another success with numerous kids participating in a variety of games. On November 9, 2002, the Community Centre and the Athletic Association will be hosting a Yuk Yuks event. The Orono BIA is pleased with their new village officer, Greg Knopp. The Chili Cook-off was a huge success. The Newcastle Arena's renovations are near completion and Councillor Robinson has received calls commenting on the difference with the wall being removed. The new flooring and tiles are complete and accomplished under budget. The Newcastle Arena Board is selling tickets on a 52" screen t.v. The Clarington Agricultural Committee endorsement of the Ontario Water Resources is going as planned. Mayor Mutton advised Council that the Toronto Sun's Entertainment Section has an article regarding the band Blue Rodeo. The article mentioned a video which features the band that was filmed in Kendal. . . . Council Minutes OTHER BUSINESS - 20- September 30, 2002 Councillor Rowe attended the Family Safety Day and advised that the event had a wonderful turn out and thanked staff. She also congratulated the Youth Committee for commanding the booth all day. The youth group also helped organize a talk on graffiti and Councillor Rowe advised of the breakfast meeting on Wednesday that the Youth Committee will be hosting. On the weekend Councillor Rowe attended the Juried Show of Fine Arts at the Visual Arts Centre and presented the Mayor's award. She invited everyone to go down to see the sculpture. The Visual Arts Centre is having a special event on Friday night called the Shadow Box Junction. It will be the first time people will be able to go through the new doorway. The Courtice Business Association has invited Jaquie Hill-Bower, Fire Prevention Officer, as their guest speaker. The Library will be launching "Books for Babies" on October 11th at 2:00 p.m. at the Oshawa Library. The Central Lake Ontario Conservation Authority will be hosting the Durham Children's Groundwater Festival. Councillor Trim advised that this Friday, October 4, 2002, St. Francis of Assisi will be officially opening their new school in Newcastle. The Newcastle Lions Club will be hosting the Dog Walk and the Fall Festival on Saturday, October 5, 2002. Two weeks ago along with Mayor Mutton, Councillor Trim attended Fire Station #2 in Newcastle and presented long-term service awards to Alf Aldread, Graydon Brown and Don Holmes. Resolution #C-519-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Council recess for 10 minutes after which time the meeting be "closed" to consider the Confidential Report from the Solicitor regarding a legal matter. "CARRIED" Resolution #C-520-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" . . . Council Minutes OTHER BUSINESS Addendum to Report PSD-074-02 - 21 - September 30, 2002 The Addendum to Report PSD-074-02 was received as a handout. Resolution #C-521-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the Addendum to Report PSD-074-02 be received; THAT the First Amending Agreement to the Agreement between the Municipality of Clarington, Claret Investments Ltd. And 1361189 Ontario Limited, which is contained in Attachment 2 to Addendum to Report PSD-074-02, be approved and a by-law to authorize the Mayor and Clerk to execute it on behalf of the Municipality be passed; THAT conditional on the First Amending Agreement being executed by the parties to it and the deposit of cash or an unconditional and irrevocable Letter of Credit in the minimum amount of $998,250.00 being deposited with the Municipality as provided in the First Amending Agreement, the Director of Planning Services on behalf of the Municipality proceed to exercise the Option to Purchase the Future Detention Pond Site (Part 1 on Plan 40R-13921) as provided in Recommendation 1 of Report PSD-074-02 at the Appraised Purchase Price of $16,000.00 less any deductions permitted by the Subdivision Agreement between the Municipality, MaCourtice Developments Inc. and Canada Trustco Mortgage Company dated September3, 1991, respecting the lands in Draft Plan of Subdivision 18T-86073; THAT if MaCourtice Developments Inc. refuses to complete the transaction described in Recommendation 3, that the Municipality commence an action against Macourtice Developments Inc. for specific performance of the agreement of purchase and sale of the Future Detention Pond Site and such other relief as the Municipality's Solicitor considers necessary to protect the Municipality's interests; and THAT all interested parties listed in Addendum to Report PSD-074-02 and any delegations be advised of Council's decision. "CARRIED" . . . Council Minutes BY-LAWS - 22- September 30, 2002 Resolution #C-522-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-law 2002-155, being a by-law to authorize the first amending Agreement between the Municipality of Clarington, Claret Investments Ltd., and 1361189 Ontario Limited and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-523-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2002-155 be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-524-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2002-156 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 30th day of September 2002, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-525-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-law 2002-156 be approved. "CARRIED" . . . Council Minutes ADJOURNMENT - 23- September 30, 2002 Resolution #C-526-02 Moved by Councillor Robinson, seconded by Councillor Rowe THAT the meeting adjourn at 8:50 p.m. "CARRIED"