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HomeMy WebLinkAbout07/10/2000 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON July 10,2000 Minutes of a regular meeting of Council held on Monday, July 10, 2000, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe CouncillorJ. Schell Councillor C. Trim Councillor T. Young Chief Administrative Officer, F. Wu Director, Community Services, J. Caruana (attended until 10:25 p.m.) Solicitor, D. Hefferon (attended until 10:25 p.m.) Treasurer, M. Marano Manager of Community Planning, B. Newell (attended until 1 0:25 p.m.) Fire Prevention Officer, W. Reid (attended until 10:15 p.m.) Director, Public Works, S. Vokes (attended until 10:25 p.m.) Divisional Fire Chief, G. Weir (attended until 10:25 p.m.) Deputy Clerk, M. Knight Stanley DISCLOSURES OF PECUNIARY INTEREST Councillor Schell indicated that he would be stating a pecuniary interest with respect to the scheduled four Public Meetings, Delegation #9, Reports #4, #5, #6 and #8, By-laws 2000-122 to 2000-132 inclusive, 2000-134,2000-135 and 2000-141. Councillor Novak indicated that she would be stating a pecuniary interest with respect to Correspondence Item D - 3. . . . Council Minutes - 2 - July 10,2000 MINUTES OF PREVIOUS MEETING PUBLIC MEETINGS Resolution #C-387-00 Moved by Councillor Trim, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on June 26, 2000, be approved. "CARRIED" Councillor Schell stated a pecuniary interest with respect to the four Public Meetings, refrained from discussion and voting on the subject matter. Councillor Schell is employed by Blue Circle Canada Inc. 1. A public meeting is being held for the purpose of: . Passing a by-law to stop up and close as a public highway the portion of Waverly Road comprising Parts 8, 9,10, 11 and 12 on Reference Plan 40R-19843 . Passing a by-law to declare the lands more particularly described as Parts 2, 3, 4,5,6,8,9, 10, II 12,15, 16, 17, 18 and 19 on Reference Plan 40R-19843 to be surplus . Passing a by-law to authorize the sale and transfer to Blue Circle Canada Inc. of easements in Parts 2, 4,5,9, 10, 12, 15,17 and 18 on Reference Plan 40R-19843, and subject to these easements, to authorize the sale and transfer to Central Lake Ontario Conservation Authority of Parts 2, 3, 4,5,6,8,9,10, 11, 12, 15, 16, 17, 18 and 19 on Reference Plan 40R-19843 No one was in attendance to address this issue. 2. 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 1, 2,5,6,7,8,9, 10, 11, 12 and 13 on Reference Plan 40R-17895. The aforesaid parts comprise Cover Road, the new bridge over the Westside Creek and approaches to the bridge from Cover Road and Cedar Crest Beach Road, respectively. . . . Council Minutes - 3 - July 10, 2000 PUBLIC MEETINGS This dedication will implement relevant provisions of the Principles of Understanding dated November 3, 1997, as amended, between the Municipality of Clarington and Blue Cirde Canada Inc. respecting the Westside Marsh and certain other lands. Any person wishing to address his matter, may do so at this time. Noone was in attendance to address this issue. 3. A public meeting is being held for the purpose of: · Passing a by-law to stop up and dose as a public highway the temporary public highway comprising Parts 7 and 9 on Reference Plan 40R -1777 4 · Passing a by-law to dedare Part 9 on Reference Plan 40R-17774 to be surplus . Passing a by-law to authorize the release and surrender of any interest of the Corporation of the Municipality ofClarington in Part 9 on Reference Plan 40R-I7774 No one was in attendance to address this issue. 4. A public meeting is being held for the purpose of: · Passing a by-law to stop up and close as public highway the portion of Waverly Road comprising Parts I, 2 and 3 on Reference Plan 40R-17775 · Passing a by-law to stop up and close as a public highway the portion of Waverly Road comprising Parts 12 and 13 on Reference Plan 40R-17775 · Passing a by-law to dedare Parts 1,2,3,4,5,6,7,8,9,10,11,12, 13,14 and 15 on Reference Plan 40R-17775 to be surplus · Passing a by-law to authorize the sale and transfer to Blue Circle Canada Inc. of Parts 1,2,3,4,5,6,7,8,9, 10, 11, 12, 13, 14 and 15 on Reference Plan 40R-17775 No one was in attendance to address this issue. . . . Council Minutes DELEGATIONS -4 - July 10, 2000 John Stephenson, 5300 Old Scugog Road, Hampton, LOB 110, re: Report FD-10-00 and By-law 2000-98, circulated a letter dated July 10,2000, and referred to his previous correspondence to Council dated July 5, 2000. He requested that Council take advantage of the proposed relaxation in the Ontario Fire Marshall's Communique and rewrite the open air burning by- law as to allow the use of outdoor fire places subject to conditions as to maximum size, the use of wood or wood products, fuels and a requirement that the use of such fire places must not cause a smoke nuisance or other unwarranted effects to neighbours ofthe user. Resolution #C-388-00 Moved by Councillor Young, seconded by Councillor Mutton THAT the following individuals be added to the list of delegations: Belinda Helmer and David Ashcroft. "CARRIED" Resolution #C-389-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT the following individuals be added to the list of delegations: Sylvi Parker and Fran Harvie. "CARRIED" Lise Henry-Kean, 84 Daiseyfield Avenue, Courtice, LlE 3B3, re: Report PD-064-00, expressed concerns with regards to the manner in which the Public Meeting of July 3, 2000, was conducted as she felt that her credibility had been put into question. She expresses concerns pertaining to the environment, population density and the future legacy ofthe area. She stated that an environmental protection assessment should take place over the summer as there are significant environmental concerns which need to be addressed at the local and regional levels. . . . Council Minutes DELEGATIONS - 5 - July 10,2000 Mike Pennell, 70 Daiseyfield Avenue, Courtice, LIE 3B3, re: Report PD-064-00, expressed three concerns: . The proposal is lopsided regarding the balance between the semis, links and detached dwellings. . Requested darification on what is the anticipated plan for the creek. . Verbalized the need for an environmental study taking place prior to the development. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2M1, re: Report PD-064-00, reiterated the need for the Adelaide Street alignment. She noted that there are many unknown issues to be resolved prior to approval of this development and that some lots do not have setbacks from the wetlands. She is very concerned that development may take place on Provincially significant wetlands. Roy Forrester, 6 Mill Lane, Orono, LOB 1MO, re: Report WD-32-00, circulated a document dated July 10,2000, and gave an update on the activities of the Oak Ridges Trail Association. It is the Committee's attention to establish parking areas and to set up an "Adopt a Road" program for Road 20 from Highway 35 to Mosport Road. The Tyrone Scout Group and the Durham Outdoor Club are ready to volunteer and assist. The ORTA Organization is ready to organize a couple of work parties where needed. Organized hikes year round both for the committed hiker and family groups are anticipated. He has also circulated a copy of his correspondence to the Ganaraska Region Conservation Authority dated February 12, 1999, wherein he confirms ORTA's intention to enter into an agreement with the Ganaraska Region Conservation Authority in creating an Oak Ridges Trail Chapter through the western portion of the Ganaraska Forest. Robert Ellison, Chairman, Oak Ridges Trail Association, 1 Remoral Royal Way, Toronto, M2H lL2, was called but was not present. Representative of Templeman, Menninga, 205 Dundas Street East, Suite 200, P.O. Box 234, Belleville, K8N 5A2, was called but was not present. . . . Council Minutes DELEGATIONS - 6 - July 10, 2000 David Gould, 9004 Mosport Road, R.R. #2, Orono, LOB 1MO, re: Report WD-32-00, concurred with the previous speakers and stated that opening up this road allowance will give free access to unwanted persons which will lead to trespassing, litter, break-ins and generally disrupt his family's life. He requested that the Oak Ridges Trail Association work with the residents to address their concerns. The residents know the area and they, therefore, can help. Councillor Schell stated a pecuniary interest with respect to the following delegation. Councillor Schell's employer is Blue Circle Canada Inc. Representative of Port Darlington Community Association, 311 Cove Road, Bowmanville, L I C 3 K3, was called but was not present. Joe Dalrimple appeared on behalf of Margaret Rodgers, Visual Arts Centre, P.O. Box 52, Bowmanville, LlC 3K8, re: Report ADMIN-18-00, and requested that Council stand by its decision to allow the use of the portion of the building now being occupied by the BowmanvillelNewcastle Baseball Association effective November 1,2000. David Rice, Wilmot Creek, I Wheelhouse Drive, Unit 1, Newcastle, LIB 1B9, re: Report TR-36-00, advised that Brampton, Ainnisfil Township, Gravenhurst, Georgina and Guelph are all municipalities which have created a special category for senior communities as part of their development charges by-law. He questioned how the residents of Wilmot Creek can be charged on a density of 3.35 person per unit when they are restricted to 1.7 person per unit. He circulated a "proposed motion" suggesting that the development charges be amended to include a definition for planned senior communities which would indude Wilmot Creek and that the development charge be based on varying densities. Christine Brown-Read, 49 West Beach Road, Bowmanville, LlC 3K3, re: Report PD-072-00, read into the record the contents of a letter from Glenda Geis, President of the Port Darlington Community Association Inc. and circulated a copy of the correspondence dated July 10, 2000, from Brad and Rose Savage. She advised that she has been living at West Beach for 6 Y2 years and has made several improvements to her home and is enjoying living in her community. She requested that the following terms be removed from the document: "expropriation", "first right of refusal", "time frames" and that the homes be purchased by the Municipality at "fair market value" rather than "appraised value". . . . Council Minutes DELEGATIONS - 7 - July 10,2000 Pat Pingle, 54 West Beach Road, Bowmanville, LlC 3K3, re: Report PD-072-00, circulated a petition containing 119 signatures of residents from West Beach who are requesting Council to: . Delete "expropriation" . Delete "first right of refusal" . Delete "time lines"; and . Change the appraised value to market value. She strongly urged Council to allow public input on future plans pertaining to the waterfront and this to be completed on or before October 16,2000. Resolution #C-390-00 Moved by Councillor Young, seconded by Councillor Schell THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:55 p.m. Charmaine Dunn, 56 West Beach Road, Bowmanville, LlC 3K3, re: Report PD-072-00, concurred with the previous speakers and requested that this matter be resolved as soon as possible so that she cannot lose any more sleep over the issue. Alvarina Delemos, 502 Queen Street East, Toronto, M5A I V2, advised prior to the meeting that she would not be in attendance. Belinda Helmer, Port Darlington Harbour Company, 125 Port Darlington Road, Bowmanville, Ll C 3K3, addressed Council pertaining to Report PD-072-00. She requested copies of all relevant documentation as this will have a significant direct impact to the residents and requested that the Port Darlington Harbour Company be added to the mailing list. She noted that further and more detailed review of the land acquisition strategy be undertaken. . . . Council Minutes DELEGATIONS COMMUNICATIONS - 8 - July 10,2000 Linda MaGregor, Bond Head Community Association, c/o 40 Bolton Street, R.R. #8, Newcastle, LlB lL9, addressed Council regarding Report PD-072-00. She advised that the community needs a dear and detailed plan to accompany the land acquisition strategy and relevent data. She requested that the issue of deleting the four items be dealt with immediately and that citizens and the municipality work together. David Ashcroft, 63 Cedar Crest Beach Road, Bowmanville, L1 C 3K3, re: Report PD-072-00, concurred with the previous speakers and expressed appreciation for the concerns of the residents being addressed. He noted that it was unfortunate that the residents were not made aware of the forthcoming report. He suggested that residents and the municipality should work together to eliminate future misunderstandings. Sylvi Parker, 9582 Old Highway 35, RR #2, Orono, LOB lMO, regarding Report WD-32-00. Circulated correspondence dated July 10,2000, wherein she advised that along the east side of their property are 4-wheelers, dirt bikes and snow mobiles flying across their driveway; never stopping and leaving noise, dust and erosion in their wake. She requested that Council deny approval of the opening of this road allowance. Fran Harvey, 8801 Mosport Road, Orono, LOB lMO, regarding Report WD-32-00. Concurred with the comments made by Mrs. Parker and noted that she is concerned with the short time frame that the Ganaraska Conservation Authority is being given to comment on this issue. Resolution #C-391-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the communications to be received for information be approved with the exception ofI - 10, I - 13, I - 16, I - 19 and I - 21. "CARRIED" . Council Minutes -9 - July 10, 2000 COMMUNICATIONS I-I M02.GE Fred Kamping, Location Manager "Champs", Trackform Film Productions Limited Partnership, advising Council that "Champs" will be filming at Mosport International Raceway. "Champs" is an action adventure story set in the world of Indy Car racing and stars Sylvester Stallone. The film is directed by Renny Harlin (Long Kiss Goodnight, Cliffhanger, Die Hard 2) and is for Franchise Pictures. The distributor is Warner Bros. They will be filming and staging race action for this film from August 7 through August 25, 2000, inclusive on the track between the hours of 7:00 a.m. and 9:00 p.m. They will be filming on the track Monday through Thursday during this time and filming off the track on each Friday. Myles Brandt has explained the concerns oflocal residents and they will endeavour to inform them in writing as to their plans. Mr. Kamping will make every effort to contact specific residents in person should this be required. (Received for Information) I - 2 PO I.FI Canadian Firearms Centre advising that the Canadian Firearms Outreach Program is a federal program which has been initiated to assist the Firearms community throughout Canada in completing their applications for firearms licencing. As Firearms Licencing Assistants for the Region of Durham, they will be setting up a kiosk at the following locations to provide forms, photographs and assistance in correctly completing the necessary applications: . - Lakeview Park, Oshawa - Gagnon Sports, 385 Bloor St. W., Oshawa - Gagnon Sports, 385 Bloor St. W., Oshawa - Port Perry Fair Grounds, Port Perry - Oshawa Skeet & Gun Club, 285 Taunton Road. E., Oshawa Sun. July 9th, 11 - 5 p.m. - Oshawa Skeet & Gun Club, 285 Taunton Road E., Oshawa Mon. July 10th, 1- 7 p.m. - Port Perry Rod and Gun Club, 1884 Scugog Street, Port Perry Tues. July 11 th, I - 8 p.m. - Port Perry Rod and Gun Club, 1884 Scugog Street, Port Perry Wed. July 12th, 4 - 8 p.m. - Canadian Tire, 155 Consumer's Drive, Whitby Thurs. July 13th, 12 - 8 p.m. - Canadian Tire, 155 Consumer's Drive, Whitby July 1 st, 10 - 3 p.m. July 3rd, 1 - 7 p.m. July 4th, 1 - 7 p.m. July 7th, 5 - 12 a.m. July 8th, 10 - 4 p.m. Sat. Mon. Tues. Fri. Sat. . For answers to questions regarding the Firearms Act, please call 1-800-731-4000. (Received for Information) . . . Council Minutes COMMUNICATIONS I-3 M06.GE I - 4 E05.GE - 10- July 10, 2000 Association of Municipalities of Ontario, regarding amendments to Bill 35, The Energy Competition Act, 1998, that affect municipal rate applications to the Ontario Energy Board. The Legislation, "An Act to Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers From Unjustified Rate Increases," if passed, will have significant implications for those municipalities deciding to stay in the business. Many have complied with all the provisions and regulations of Bill 35 and have filed rate applications with the OEB. AMO has received a copy of the legislation, and while a full analysis is not complete, it appears that the OEB will have the authority to disallow rate increases attributable to assets, or to financing transactions and costs where these do not stay in the electricity system. The OEB will be given the power to review and ask for detailed financial data to determine whether rate increases are justifiable. It is undear whether the Bill will be passed before the legislature rises for the summer. Notwithstanding when the Bill is passed, now or in the Fall Session, municipalities with rate increase applications will have to justify those increases. If a municipality's business plan involves the transfer of assets or cash from the utility to the municipality, then the legislation means that these business arrangements will have to be undone. (Received for Information) Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation Authority, advising Council that the Ministry ofthe Environment (MOE) has identified conservation authorities as the lead partner in the protection and management of the province's groundwater resources. As an outcome of this, MOE will shortly enter into agreements with conservation authorities across Ontario to develop and implement a groundwater monitoring network. The information collected under this program will provide necessary baseline data about the groundwater in the watershed and will provide information about ambient groundwater conditions. The data will serve the efforts of the province in its groundwater management programs and in the development of scientifically based policy. It will serve the municipalities with information on which to base planning decisions, will serve the agricultural community for its water management needs and will provide the information necessary to protect the public supply and interest. At its May 24th meeting, the Board of Directors authorized Kawartha Conservation to participate in the groundwater monitoring agreement. . Council Minutes - 11 - July 10, 2000 COMMUNICATIONS The Board is in agreement with the general thrust of the monitoring program, recognizing that such monitoring is a critical component for the long term protection of the groundwater resource. At the same time however, the Board strongly believes that groundwater is a resource of provincial significance and as such, post start-up operating expenses should be provincially funded and not added to the property tax bases. Therefore, while Kawartha Conservation will enter into an agreement with MOE to monitor groundwater, the Board of Directors strongly believes the Province should provide operating funds for the long-term benefit of the program and will work with Conservation Ontario towards this end. (Received for Information) I-5 POI.NO Myles Brandt, Executive Raceway Director, Mosport International Raceway, regarding two complaints about noise from the Driver Development Centre (Go-Kart Track) caused by the Bridgestone Firestone Racing Academy. The people who have complained live right beside this track. Over the past three years Mosport has worked very closely with the Municipality and with the neighbours in the immediate area to deal with and accommodate all concerned. With respect to these complaints, Mosport has asked the Bridgestone/Firestone Racing Academy to install mufflers on their cars. Without hesitation, they immediately ordered the mufflers and as soon as they receive them, they will be installed. This is a pilot project initiated by Mosport International Raceway and the Bridgestone/Firestone Racing Academy. (Received for Information) . I-6 F11.CH Gail Johnson, President, The Clarington Tigercats Football Club, thanking Council for their grant money. The Club is starting new this year, and they are very excited about it, and so are all their kids. They are looking forward to a successful season. The money from this grant will go a long way towards getting them underway and it will be put to good use, Uniforms, Equipment, Referees, etc. They are hoping that Members of Council and the Mayor will be able to attend some oftheir games. The schedule starts in August and they are practising already. (Received for Information) I-7 F11.CH Antoinette Sarpong, thanking Council for the very generous grant that was given to Canada World Youth towards their international exchange programs. The cheque is being sent to the Ontario Regional Office, and she will keep in touch about the progress of her exchange to Burkina Faso. (Received for Information) . . . . Council Minutes COMMUNICATIONS I-8 E08.GE 1-9 C10.MO I-lI C06.SA I -12 C06.SA 1-14 F11.CH - 12- July 10, 2000 Scott Bolton, Operations Technician, Region of Durham, advising Council that a survey of approximately 360 km of watermain is to be conducted in areas of Ajax/Pickering/Oshawa/Whitby/Courtice/Beaverton/Sunderland and Greenbank. The survey will occur in the summer of 2000 and should be complete by August 31, 2000. As part of their water system quality standards, watermains are to be surveyed for leaks every five years. Using traditional sounding and correlation or acoustic data logging techniques, the consultant "listens" for sound on direct contact points such as main line valves, fire hydrants, curb-valves, etc. There is no interruption of water service, no excavation and no traffic re-routing required. Only if a leak has been pinpointed and a repair warranted by their depot staff, would any excavation take place. (Received for Information) M. de Rond, Clerk, Town of Ajax, advising that the Town of Ajax on June 19,2000, passed the following resolution: "THAT Council endorse the "Who Does What" Service Review Stage I Report and its recommendations (including proceeding to Stage II) from the Public Works Officials within Durham and that Durham Region be so advised of this decision and further; that the Director of Operations and Environmental Services provide Council with regular updates on the progress of Stage II." (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on Wednesday, February 23, 2000. (Receive for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on Tuesday, March 21,2000. (Received for Information) The Students, parents and staff of Kirby Public School expressing their sincere gratitude for the generous donation towards the playground equipment. Thanks to Council, they were able to achieve their goal and will have the new equipment installed for the next school year. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-15 E07.GE I-17 C06.VA 1-18 C06.CL I-20 M06.GE 1-10 Resignation from Clarke Museum C12.CL - 13 - July 10, 2000 Tony Biernacki, Assistant to the General Manager Atlantic Packaging advising that Atlantic Packaging Products Ltd. is hosting a Public Meeting to provide an update on the Benefit Study being conducted for the application of paper mill biosolids to agricultural land. The meeting will take place at Oshawa Holiday Inn, 10 II Bloor Street E. Oshawa, July 13, 2000 at 10:00 a.m. (Received for Information) Minutes of the meeting of the Board of Directors of Valleys 2000 (Bowmanville) Inc. held on the 13th day of June, 2000. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting held on June 20, 2000. (Received for Information) Joseph Dion, Director, Federation of Canadian Municipalities inviting members to submit resolutions on subjects of national municipal interest for debate at the September 6 - 9, 2000 meeting of the FCM National Board of Directors. (Received for Information) Mark Jackman, Clarington Museums, Clarke Museum & Archives advising that after 13 years as Curator of the Clarke Museum & Archives, he feels that he has accomplished everything he intended for the institution and it is now time for him to move on to new and exciting challenges with his life. He has enjoyed his time with the Museum serving the people of Clarington and visitors from around the world. Mr. Jackman is resigning his position as Curator effective December 31, 2000. He wishes the Board every continued success with the management of the Museum. Resolution #C-392-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the letter from Mark Jackman advising of his resignation effective December 31, 2000, be received. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS I-13 Minutes of Samuel Wilmot Nature Area C06.SA 1-16 Keele Valley Landfill Site ClO.MO - 14- July 10, 2000 Resolution #C-393-00 Moved by Councillor Schell, seconded by Councillor Mutton THAT the foregoing Resolution #C-392-00 be amending by adding the following wording thereto: "and that a letter of appreciation expressing best wishes in his future undertakings be forwarded to Mark Jackman." The foregoing Resolution #C-392-00 was then put to a vote and "CARRIED AS AMENDED." Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on Tuesday, April 18, 2000. Resolution #C-394-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on Tuesday, April 10, 2000, be received for information. "CARRIED" D. A. Bentley, Deputy Clerk, Regional Municipality of Durham writing to the Honourable Michael D. Harris, Premier of Ontario advising that on June 28, 2000, the Council of the Regional Municipality of Durham passed the following resolution: "THAT the Region of Durham opposes the continued use of the Keele Valley Landfill site beyond the year 2002 and calls upon the Province of Ontario to intervene and dose the Keele Valley Landfill site as previously committed to the City of Vaughan; THAT the Region of Durham demand that the City of Toronto adhere to the Terms of Reference as stipulated in a Memorandum of Understanding agreement with the Regions of Durham and York; . . . Council Minutes COMMUNICATIONS - 15 - July 10,2000 THAT the Region of Durham seek immediate concurrence from the Region of York to endorse this motion and the completion of the approved RFP process and awarding of the waste disposal contract for a long-term waste disposal solution; and THAT the resolution be circulated to: i) The Region of York ii) All Municipalities within York and Durham Regions iii) Premier Mike Harris iv) All M.P.P.'s in Ontario v) The City of Toronto vi) Mayor Mel Lastman vii) All M.P.'s in Durham Region Resolution #C-395-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the correspondence from D.A. Bentley, Deputy Clerk, Regional Municipality of Durham, pertaining to a resolution passed by the Regional Municipality of Durham requesting the Province of Ontario to intervene and dose the Keele Valley Landfill Site as previously committed to the City of Vaughan be received. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-396-00 Moved by Councillor Novak, seconded by Councillor Mutton THAT the foregoing Resolution #C-395-00 be amended by adding the following wording thereto: "and that the Council of the Municipality of Clarington endorse the resolution of the Regional Municipality of Durham." "CARRIED" The foregoing Resolution #C-395-00 was then put to a vote and "CARRIED AS AMENDED." . . . Council Minutes COMMUNICATIONS 1-19 Oak Ridges Moraine ClO.MO - 16 - July 10, 2000 P. Madill, Regional Clerk advising that on June 28, 2000 the Regional Council adopted the following recommendations of the Planning Committee: "a) THAT the Regional of Durham endorse the work plan outlined in Report #2000-P-58 of the Commissioner of Planning for the preparation of a strategy for the long-term protection and management of the Oak Ridges Moraine; b) THAT Regional staff be authorized to continue working with their counterparts at the Regions of York and Peel to undertake the preparation of the strategy; and c) THAT a copy of Report #2000-P-58 of the Commissioner of Planning be forwarded to the Regions of York and Peel; Area Municipalities in Durham, the Greater Toronto Services Board (GTSB), the Ministry of Municipal Affairs and Housing, and Conservation Authorities having the Oak Ridges Moraine within their jurisdiction, for information." Resolution #C-397-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the correspondence from P. Madill, Regional Clerk, advising that the Regional Municipality of Durham endorses the work plan outlined in Report #2000-P-58 ofthe Commissioner of Planning for the preparation of a strategy for the long-term protection and management of the Oak Ridges Moraine be received. "CARRIED AS AMENDED LATER THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . Council Minutes COMMUNICATIONS I-21 Bethesda House F11.CH - 17- July 10, 2000 Resolution #C-398-00 Moved by Councillor Schell, seconded by Councillor Rowe THAT the foregoing Resolution #C-397-00 be amended by adding the following wording thereto: "and that the Council of the Municipality of Clarington endorse the resolution of the Regional Municipality of Durham." "CARRIED" The foregoing Resolution #C-397-00 was then put to a vote and "CARRIED AS AMENDED." John Baird, M.P.P., Minister of Community and Social Services concerning the financial situation at Bethesda House. He has noted several actions taken by various community partners to address this shelter's funding needs. He is pleased to inform Council that the Ministry of Community and Social Services will provide $26,000 for the 2000- 200 I fiscal year to support community outreach work at Bethesda House. The shelter received the ministry's entire $26,000 commitment in April. He is certain these funds will ease financial pressure at Bethesda House. The funds will also cover women and children's group counselling and the purchase of the crisis telephone counselling line, which will benefit both the shelter and outreach services. He has been advised that on May 3, 2000, the Regional Municipality of Durham approved a block funding process for Bethesda House, replacing the per diem funding arrangement. Resolution #C-399-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the correspondence from John Baird, MPP, Minister of Community and Social Services regarding the financial situation at Bethesda House be received for information. "CARRIED" . . Council Minutes COMMUNICATIONS D - 1 M02.GE D -2 M02.GE D -4 P02.PR - 18- July 10, 2000 Resolution #C-400-00 Moved by Councillor Young, seconded by Councillor Trim THAT the Correspondence Items be approved as per the agenda with the exception ofItems D - 3, D - 5, D - 14, D - 15, D - 16 and D - 17. "CARRIED" Donna Stephens, Chairperson, Barbecue Committee, requesting permission to hold the Enniskillen Annual Community Barbecue on Saturday, September 16,2000, to raise money for the continuing upkeep of their building. They would like permission to have a portion of the road closed from 4:00 p.m. until I 0:00 p.m. in order to hold a street dance. The portion of Old Scugog Road they wish to have closed is from just north of Centre Street for about 50 yards; which would be well south of the junction with Concession Road 3. Both Potters Lane and Centre Street enable traffic to bypass this section of road for the short time that they would like to use the pavement. (Approved request provided the organization applies for and obtains a Road Occupancy Permit) Craig Moore, C.R.S.P., Chairperson and Al McDonald, Co-Chairperson, Oshawa and Region Health and Safety Committee, requesting Council to proclaim and participate in Health and Safety Week in Durham. As in past years, they are requesting the Mayors of Durham Region to participate in this event by: 1. proclaiming October 16 - 20, 2000 - Health and Safety Week 2. attending the Opening Ceremonies at Durham College, October 26, 2000 at 9:00 a.m. and give a two to three minute presentation Our participation in this important event would be greatly appreciated. (Prodaimed) Doug Sandercock, regarding the property owned by Schickedanz Bros. Ltd., Lot 105 and Block 143 on Plan 10M-829, Bowmanville. Mr. Sandercock and several residents of Francomb Crescent have the following concerns: . For the past 6 years this lot has contained a dilapidated construction trailer, a make shift shed and miscellaneous building materials . . Council Minutes COMMUNICATIONS D-6 M02.GE - 19- July 10, 2000 . A large trench was dug at the back of the property, adjacent to the developed property on the north east side of the lot. The trench has been left to fill with stagnant water and breed insects . Noxious weeds are left to grow unchecked . There is also concern that construction workers are using the make shift shed as a portable out house Residents have complained to the owner of the property, Schickedanz Bros. Ltd. in the past and minimal solutions were offered. This spring there have been many loads of soil dumped on the property, and a large construction waste container has been placed there. They feel these latest additions have added several safety hazards to local residents, especially children. The construction water container has been full of discarded construction materials as well as household garbage, it smells foul and residents are concerned that this will attract vermin to the area. This property should not be treated as a storage area and dumping ground for the Schickedanz construction company. They feel they have been tolerant long enough. These lots should either be developed or maintained in a manner in keeping with the neighbourhood. (Correspondence referred to the Senior Municipal Law Enforcement Officer) Robert Kyle, Commissioner and Medical Officer of Health, Regional Municipality of Durham requesting prodamation of Falls Prevention Week. For the third year in a row, the Work Group is planning a unified public awareness campaign for the week of October 2 - 8, 2000. Part of the campaign is requesting local mayors to proclairn/dedare Falls Prevention Week in their municipalities. In addition, the campaign will include media events, interactive displays, entertainment, and education materials for seniors in the community. In 1994, Durham Region had the highest rate of falls in seniors in the Central East Region of Ontario. Indeed, falls are the leading cause of injury and the sixth leading cause of death in older adults. (Prodaimed) . Council Minutes CORRESPONDENCE D-7 D14.DEV.90.007 D-8 T08.GE D-9 T08.GE . - 20- July 10,2000 Lise Henry-Kean submitting a letter of opposition to the revised Zoning By-law Amendment submitted by Kingsberry Properties to change the zone category of a 6.2 hectare parcel of land located in Part Lot 31, Concession 3, in the former Township of Darlington. She is opposed to the proposed zoning by-law amendment based on environmental concerns, population density, efficiency and costs, the public school block, consistency in decision making and legacy. (Correspondence referred to the Director of Planning and Development) Katie Clark expressing her wish to have a study done of the school crossing at the intersection of King Street E. and Beaver Street in Newcastle. As a resident of Newcastle, she has observed heavy traffic often going faster than the posted speed limit, through this school crossing. It has been her unfortunate experience that it is the rare exception when a motorist stops to allow pedestrians to cross outside of the hours when the crossing guard is there. As a mother of a young child, she is becoming increasingly concerned that one day someone will be hit trying to cross between the fast-moving cars. It is her guess that the increased traffic going to and from the new subdivision and the new IGA location on King St. E. is largely responsible for the heavy traffic. As for the speed at which vehides travel through the school crossing, she is at a loss to explain these motorists' disregard for the safety of those attempting to cross the street. It is her hope that a traffic study would deem it appropriate and necessary to install a working crosswalk (i.e. one with traffic lights or flashing signals) at this location. Failing that, it is her request that regular radar be posted at this location as a deterrent to speeding motorists. (Correspondence referred to the Director of Public Works and to the Durham Regional Police Department, Division 16) Sylvia Brownell advising of a situation on Liberty Street North in Bowmanville. Liberty Street is now becoming a major artery to access the downtown area and to enter/exit the 401 highway. With the accelerated growth of Clarington, it was just a matter of time for this situation to explode to a dangerous situation. She is informing us of the speed of drivers on Liberty Street North. Several situations has prompted her to write this letter. Firstly was the knowledge gained that Clarington has a minimum of five Police Officers and one Sergeant on day shift. Those numbers make it difficult to answer to service calls as well as doing traffic enforcement. . . Council Minutes COMMUNICATIONS D-10 T08.GE - 21 - July 10, 2000 How can our community be properly protected? How can these Officers enforce the laws of the land? How can our Police Officers enforce the speed limits? Secondly, how can the Municipality agree to construct sidewalks very close to the road where probably only 1 in 15 people do the speed limit of 50 km/hr? One of our citizens was recently killed in the same area. It is against the law to walk on a 400 highway but it doesn't seem to be against the law to speed on Liberty Street North. Something must be done to resolve this issue or she is sad to say we are going to start losing our pedestrians/children. We have to enforce the speed limit and slow down the drivers on Liberty Street North. She is asking all residents to slow down. She is also asking for a study to be done to determine the average speed on Liberty Street North. The results of this study would indicate a situation that warrants resolve. With the future development of the Liberty Street North area, this situation is only going to get worse. Something must be done now. She has witnessed motorcydes traveling so fast on Liberty Street that she cannot determine what colour they are. Ms. Brownell is asking the Municipality to take the initiative to look into this situation and advise concerned residents of Liberty Street of what actions are going to be taken. (Correspondence referred to the Director of Public Works and to the Durham Regional Police Department, Division 16) Frank Hoar, Secretary, Newcastle Ratepayers Association writing concerning the condition of the grounds at the 401 and Mill Street interchange. Last year the grounds were leveled and seeded but were poorly maintained. It would be greatly appreciated if the grounds could be kept in a condition that would be a credit to the village and to the Municipality. (Correspondence referred to the Director of Public Works) . . Council Minutes - 22- July 10,2000 COMMUNICATIONS D-lI M02.GE D-12 ClO.MO Betty Irving, Secretary, Bowmanville Santa Claus Parade Committee requesting permission to hold the Community of Bowmanville Santa Claus Parade on Saturday, November 18,2000 beginning at 10:30 a.m. As in past years, the co-operation of the Police Department, Works Department and Town Services is requested. She is also requesting a change in the parade route: the parade marshalling will start on Church Street by the old Fire Hall. The parade will end, as usual, at Memorial Park on Liberty Street. (Request approved provided the organizers apply for and obtain a road occupancy permit from the Public Works Department) Sandra Kranc, Manager of Support Services, City of Oshawa advising that City Council at the meeting held June 19,2000 adopted the following recommendation of the Operational Services Committee: "I. THAT all-way stop controls be implemented on Cherrydown Drive on a trial basis. 2. THAT Cherrydown Drive not be dosed to traffic at Townline Road South either by a physical closure or by turn prohibitions. 3. THAT a copy of the report of the Commissioner of Operational Services dated June 6, 2000, Item OS-00-238 be forwarded to: (a) Julia Oddi, 1312 Cherrydown Drive, LlH 8C9, and she be requested to advise the other petitioners of the contents of this report and Council's resolution. (b) The Region of Durham as input to the Transportation Master Plan Study. (c) Durham Regional Police Services and they be requested to conduct a speed enforcement program on Cherry down Drive. 2. THAT the Region of Durham explore the possibilities of expanding Bloor Street East from Grandview Street to Townline Road to four lanes to help alleviate neighbourhood traffic. 3. THAT the Region of Durham consider accelerating the timetable for the proposed bridge at Townline Road and Olive Avenue. . . Council Minutes - 23- July 10, 2000 COMMUNICATIONS D-13 C10.MO D - 18 M02.GE 4. THAT the Municipality of Cia ring ton be asked to participate with Oshawa City staff in discussions as to what might be done to divert Courtice traffic away from Cherrydown Drive and other local streets'." Ms. Kranc is requesting Council's consideration of Part 6 ofthe foregoing resolution. (Correspondence referred to the Director of Public Works) P. Madill, Regional Clerk advising that on June 28, 2000, Regional Council adopted the following recommendations of the Finance and Administration Committee: "a) THAT for the purposes of introducing the new Regional Commercial Development Charge, the eight area municipalities be requested to process all complete applications for commercial building permits received by a local area municipality on or before June 30, 2000 as if the building permits had been issued prior to July 1,2000 (i.e. no Regional Commercial Development Charge be levied where a complete application including all of the necessary documentation required by the Area Municipality is submitted in a form satisfactory to the Area Municipality on or before June 30, 2000 and connections to Regional services are available); and b) THAT the eight Area Municipalities be requested to provide copies ofthose complete applications to the Development Approvals Division of the Regional Works Department." (Correspondence referred to the Director of Public Works) Item D - 18 was circulated as a handout. Wm 1. Tomlinson, Parade Chairman, Durham Central Agricultural Society, requesting permission to hold their annual fair parades as follows: Opening Day Parade - Thursday, September 7, 2000 Children's Parade - Friday, September 8, 2000 Durham Central Fair at Orono is celebrating it's 148th anniversary. (Request approved provided the organizations applies for and obtains a road occupancy permit from the Public Works Department) . . Council Minutes COMMUNICATIONS D - 3 Joe Domitrovic D09.ROPA.99.013 D - 5 Group Insurance Program LOO.GE - 24- July 10,2000 Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 3, refrained from discussion and voting on the subject matter. Councillor Novak resides in close proximity to the subject property. Florence Carnochan and Robert Hackey, advising Council that they are against the issuing of any permits that would allow the existing Automotive Repair and Body Shop to be legally recognized at 3872 Courtice Road, Courtice. The reasons for this are simple: . They currently rely on ground water as their main source of water, and they feel that the chances of an accidental spill that would contaminate the water table would greatly increase with the increase in business that the Body Shop would get by being legally recognized . The increase in traffic would be a safety issue for the children in the area . The additional lighting from a large parking lot and Business Signs would have a negative effect on the area, as this is a quiet residential area They have voiced their opinion before regarding this application on a few different occasions. They have no problem with people who wish to run a small house business, but when the business will negatively affect the area in which it is run, then it should not be allowed. Resolution #C-40 1-00 Moved by Councillor Young, seconded by Councillor Trim THAT Council's decision be forwarded to Florence Carnochan and Robert Hackey. "CARRIED" Beth Creighton, Chair, Newcastle Arena Management Board, requesting that the Board be allowed to offer to the manager ofthe Newcastle Arena the coverage provided by the Group Insurance Program of the Municipality. The Board will be responsible for paying the cost of these benefits on a schedule to be agreed with municipal staff. The Board's purpose in requesting this is to be able to attract and keep a suitable manager for the Arena. . . Council Minutes COMMUNICATIONS D -14 Towards a Greater Toronto - 25 - July 10, 2000 Resolution #C-402-00 Moved by Councillor Young, seconded by Councillor Trim THAT Correspondence Item D - 5 be approved. "CARRIED" Alan Broadbent, Chairman and CEO, Avana Capital Corporation, requesting consideration and endorsement of a proposed draft called "Towards a Greater Toronto Charter". The greater metropolitan regions across the world are the principal engines of the economy, culture, and society. This is as true in Canada, one of the most urbanized countries, as it is elsewhere. The Toronto Region generates a quarter of Canada's gross domestic product; its population is a fifth of Canada's total. That population has swelled by people coming to the Region from across Canada and around the world. The happy result is a vibrant and complicated Region with complex and varied needs. These assets of a dynamic population call out for sophisticated and specific government sensitive to such local conditions. But the current constitutional structure in Canada gives cities little control over their destinies, and limited authority to respond to the needs of their citizens. Such little authority as they enjoy can easily be under-cut or over-called by provincial and federal governments. In the Toronto Region, this means they have limited capacity to respond to the complex health needs of a diverse urban population, or to structure education to release its rich potential, or to transport it efficiently, or generally to decide how to allocate the vast resources that are generated in tax paid to the provincial and federal governments. This resulting mismatch between needs and resources affects everyone who lives or works in, or visits, the Region. It also limits their ability to flourish, which in turn hurts those other parts of Canada who depend on their success for transfers of about 6 billion currently. Mr. Broadbent is encouraging the Municipality of Clarington to: . Review The Charter, sign it and return our signatures on the tear-off form to his office; . Circulate The Charter to our colleagues, neighbours, our Board of Directors, and many others for their consideration and potential endorsement; . Visit their web site regularly to be kept informed of activities relevant to The Charter; . . Council Minutes COMMUNICATIONS D-15 Governance And Service Delivery CIO.MO - 26- July 10,2000 . Host a meeting of our community or with our colleagues to discuss The Charter. They would be happy to provide a resource person who can respond to questions about the process. Resolution #C-403-00 Moved by Councillor Mutton, seconded by Councillor Young THAT Correspondence Item D - 14 be received for information. "CARRIED" Bruce Taylor, City Clerk, The Corporation of the City of Pickering, writing to Pat Madill, Regional Clerk to advise that the City of Pickering on June 19, 2000, passed the following resolution: "1. That Report to Council MO-01-00 concerning various governance and service delivery recommendations endorsed by Regional Council in January 2000 be received; 2. That with respect to the governance recommendations, Pickering Council advise Regional Council that it: a. Supports a modified 2-tier system, with a "slimmed down" Region acting as an agent ofthe lower tier. b. Supports potential municipal amalgamations or governance reform processes. c. Supports a review of a reduction of the number of politicians in Durham. 3. That with respect to the "service delivery" recommendations, Pickering Council advise Regional Council that it has no additional comments at this time. . . Council Minutes COMMUNICATIONS D-16 Greater Toronto Services Board C1O.MO - 27- July 10, 2000 4.. That Pickering Council: a. Invite the Minister of Municipal Affairs and Housing to make an order under the Municipal Elections Act, 1996, requesting the City Clerk to submit a question to Pickering electors asking if they are in favour of reducing through amalgamations, the total number of municipal governments in Durham from the current nine (including the Region) to a smaller number. b. Encourage all other area municipalities in Durham Region to make a similar request to the Minister of Municipal Affairs and Housing. 5. That a copy of this Report be forwarded to Regional Council and all other area municipalities in Durham Region." Resolution #C-404-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Correspondence Item D - 15 be received. "CARRIED" D. A. Bentley, Deputy Clerk, Regional Municipality of Durham writing to Alan Tonks, Chair, Greater Toronto Services Board advising that at a meeting held on June 28, 2000 the Council of the Regional Municipality of Durham passed the following resolution: "WHEREAS the GTSB Act and the approved Terms of Reference for the GTSB Review prescribe the scope and content of the legislated review of the Board; AND WHEREAS a lengthy public consultation was carried out to determine the current structure and mandate of the Board; AND WHEREAS the Deloitte Consulting documents entitled 'GTSB Management/Organization Review', 'GT A-Wide Issues' and 'GTSB Review- GTA-Wide Challenges' fail to respond to the approved Terms of Reference for the Review; ignore the direction of the Board; and set out a plan to redesign the Board as a new level of government, not to review it; . . . Council Minutes COMMUNCIA TIONS D-17 Venomous Snake P14.AN - 28 - July 10, 2000 AND WHEREAS the Chair of the GTSB has told the media that the review will recommend changes to governance in the 905 Regions; THEREFORE BE IT RESOLVED: THAT Durham Regional Council supports the review of the GTSB prescribed in the GTSB Act and the Terms of Reference for the review approved by the Board March 3, 2000 and recommends that the consultants should be dearly directed to focus their attention thereto; THAT Durham Regional Council does not support the creation of a new layer of government over the GT A; THAT Durham Regional Council does not support having the GTSB review make recommendations that will interfere with or prejudice the governance discussions now occurring in Durham municipalities; AND THAT copies of this resolution be forwarded to other GTSB member municipalities seeking their support and to Mr. Alan Tonks, Chair of the Greater Toronto Services Board; and THAT the resolution ofMr. Roger Anderson, Regional Chair, Regional Municipality of Durham be endorsed." Resolution #C-405-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Item D - 16 be referred to the Chief Administrative Officer. "CARRIED" Novina Wong, City Clerk, City of Toronto endosing for our information and any attention deemed necessary, Clause No.1 of Report No.3 of the Board of Health, headed "Venomous Snake", which was adopted, as amended, by the Council of the City of Toronto at its meeting on June 7, 8 and 9,2000. . . . Council Minutes COMMUNICATIONS REPORTS Report #1 G.P.A. Report July 3, 2000 Item #4 Tremblay and John Town D14.ZBA.2000.003 -29- July 10, 2000 Resolution #C-406-00 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Item D - 17 be received. "CARRIED" Resolution #C-407-00 Moved by Councillor Rowe, seconded by Councillor Novak THAT the actions taken by the General Purpose and Administration Committee on July 3, 2000, be approved with the exception ofItems #4, #10, #14, #25, #30, #32, #34, #35 and #36. "CARRIED" Resolution #C-408-00 Moved by Councillor Rowe, seconded by Councillor Novak THAT Report PD-065 be received; THAT the application to amend Zoning By-law 84-63, be approved and that the amending by-law, as per Attachment No.4 to Report PD-065 be forwarded to Council for approval; THAT a copy of Report PD-065-00 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-065-00 and any delegations be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" . . . Council Minutes REPORTS Item #10 Land Acquisition Strategy - 30- July 10, 2000 Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Mutton X Councillor Novak X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X Resolution #C-409-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT Item # 1 0 of Report # 1 was referred for consideration in conjunction with the Addendum to Report PD-072-00, later in the meeting. "CARRIED" Item # 14 Resolution #C-4IO-00 Property Standards Moved by Councillor Rowe, seconded by Councillor Novak P01.PR THAT Report CD-35-00 be received; THAT Staff be authorized to retain a contractor to perform the property clean ups as required in the two Property Standards Orders issued by the Property Standards Officers; THAT funds required to perform the work be drawn from the Contingency Account #1100-0-X; and THAT the property owners, Concetto Pistritto and The Kaitlin Group Ltd. be advised of Council's decision. "CARRIED" Council Minutes - 31 - July 10,2000 . REPORTS Item #25 Resolution #C-4l1-00 Development Charges F21.DE Moved by Councillor Schell, seconded by Councillor Novak THAT the Addendum to Report TR-36-00 be received; THAT Report TR-36-00 be received; THAT the background study Final Report May 2000 be amended to exdude a charge for industrial and institutional development; THAT the background study Final Report May 2000 prepared by Craig Binning, CSB Inc., as amended, be approved; THAT the Development Charge quantum for both Residential and Non- Residential charges be phased-in for all units, in accordance with Scenario #3, of the final report May 2000, subject to indexing; . Residential (s.f.d.) Aug.1 2000 $5,875 (per revised Exhibit 3 Jan. i, 2001 $6,250 Attachment #2) July.1,2001 $6,625 Jan. 1,2002 $6,994 Non-Residential Aug.l,2000 $ 4.08 (per sq. m) July.1,2001 $ 8.16 July.1,2002 $12.24 July.1,2003 $16.32 July 1,2004 $20.40 THAT Council, in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; THAT Council has reviewed the changes made to the draft By-Law and after having considered the changes, Council determined that there is not a need for an additional public meeting; . THAT the annual report to Council on the Development Charge Reserve Fund activity indude a status report on the building permit activity and charges collected in relationship to the projected activity; Council Minutes - 32- July 10, 2000 . REPORTS THAT the By-law attached to Report TR-36-00, indusive of any amendments made by Council at the meeting of June 19, 2000, be recommended to Council for approval to rescind and replace By-law 99- 125, except in respect of the applications for building permits, referred to in section 27 of the By-law; and THAT the Region of Durham and recorded interested parties be provided a copy of Report TR-36-00 and be notified of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-412-00 Moved by Councillor Schell, seconded by Councillor Novak . THAT Resolution #C-4l1-00 be amended by deleting the third paragraph in its entir~ty and replacing it with the following wording: "THAT the background study Final Report May 2000 be amended to exempt a charge for industrial and not for profit institutional development." "CARRIED" The foregoing Resolution #C-41l-00 was then "CARRIED AS AMENDED" on the following recorded vote. Recorded Vote Council Member Yea Councillor Mutton I X Council\or Novak X Councillor Rowe , X Councillor Schell X Councillor Trim X Councillor Young . Mayor Hamre X Declaration of Nay Pecuniary Interest Absent X . . . Council Minutes REPORTS Item #30 Oak Ridges Trail D02.0A - 33 - July 10, 2000 Resolution #C-413-00 Moved by Councillor Rowe, seconded by Councillor Novak THAT Report WD-32-00 be received; THAT the Oak Ridges Trail Association (ORTA) be granted approval to implement the submitted plan to use the specified unopened road allowances, with the exception of the Ganaraska Forest; THAT the section of the trail running from the northwest corner of Mosport Park southerly to Concession Road 8, then easterly to Leskard Road be deferred back to staff to address the concerns raised by the various delegates; THAT staff report back to the General Purpose and Administration Committee in September, 2000 on the deferred section of the trail; THAT a by-law be forwarded to Council authorizing the use of the approved unopened road allowances; THAT Roy Forrester, Clarington Chapter, ORTA and the property owners who expressed concern be advised of Council's decision; and THAT the Townships of Manvers, Scugog and Hope be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Council Member Declaration of Pecuniary Interest Absent Yea Nay Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre x X X X X X X . . . Council Minutes - 34- July 10, 2000 REPORTS Item #32 Resolution #C-414-00 Centre Street Moved by Councillor Rowe, seconded by Councillor Novak Information Centre T04.GE THAT Report WD-35-00 be received; THAT the reconstruction of Centre Street be deferred and tendered early in 2001; and THAT a copy of Report WD-35-00 be provided to William Humber of the Old Bowmanville Residents Association. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-415-00 Moved by Councillor Mutton, seconded by Councillor Schell THAT the foregoing Resolution #C-4l4-00 be amended by including the contents of the memorandum dated July 6, 2000, from the Director of Public Works thereto. "CARRIED" The foregoing Resolution #C-4l4-00 was then put to a vote and "CARRIED AS AMENDED." Item #34 Resolution #C-416-00 New Signage T07.GE Moved by Councillor Young, seconded by Councillor Schell THAT Item #34 of Report #1 be referred to the "Unfinished Business" portion of the agenda. "CARRIED . . . Council Minutes REPORTS Item #35 Visual Arts Centre Storage Space A20.GE Item #36 Main Branch Library/MAC A20.GE - 35 - July 10, 2000 Resolution #C-417 -00 Moved by Councillor Rowe, seconded by Councillor Novak THAT Report ADMIN-18-00 be received; THAT the Chief Administrative Officer be authorized to investigate accommodation needs and report back to the General Purpose and Administration Committee and that the BowmanvillelNewcastle Baseball Association be relocated by November 1, 2000; and THAT a copy of Council's action be forwarded to the BowmanvillelNewcastle Baseball Association and the Visual Arts Centre Board of Directions. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Council Member Declaration of Pecuniary Interest Absent Yea Nay Councillor Mutton X Councillor Novak X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X Resolution #C-418-00 Moved by Councillor Rowe, seconded by Councillor Novak THAT Report ADMIN-19-00 be received; THAT the preliminary designs for the construction of a new Bowmanville Main Branch Library and expansion of the Municipal Administrative Centre be approved; THAT staffbe authorized to call for tenders for this project as set out in the Critical Path; . . . Council Minutes REPORTS Report #2 Outstanding By-law Items P01.GE Report #3 Courtice Highway No.2 Corridor Study F18.QU - 36- July 10, 2000 THAT staff be authorized to undertake a pre-qualification procedure for all bidders; and THAT an additional $1,040,000 ($650,000 escalation, $261,067 penthouse and $127,900 construction contingency) be approved for the main Branch Library and expansion to the Municipal Administrative Centre and that the additional cost of construction be added to the proposed debenture requirements for the facility. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Council Member Dedaration of Pecuniary Interest Absent Yea Nay Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre x x X X X X X Resolution #C-4l9-00 Moved by Councillor Trim, seconded by Councillor Novak THAT Report CD-34-00 be received for information. "CARRIED" Resolution #C-420-00 Moved by Councillor Mutton, seconded by Councillor Young THAT Report TR-53-00 be received; . . . Council Minutes REPORTS Report #4 Referral #5 To Clarington Official Plan - 37- July 10, 2000 THAT Markson Borooah Hodgson Architects, Toronto, Ontario, with a total bid (induding disbursements and applicable G.S.T.) in the amount of $49,280.00 for Part 1, and $27,140.00 for Part 2, being the lowest responsible bidder meeting all terms, conditions and specifications ofRFP 2000-5, be awarded the contract for the Courtice Highway No.2, Corridor Study/Courtice Main Central Area Secondary Plan; THAT funds in the amount of $40,000.00 for Part I be drawn from the 2000 Planning and Development Consulting Account Number 7702- 00000-0247; THAT the Municipality's portion for Part 2 be included in the Planning Department's 2001 Budget; THAT the Region of Durham has committed $25,000.00 towards the cost of completing the Courtice Highway #2 Corridor Study, Courtice Main Central Area Secondary Plan, see Schedule "C" attached to Report TR- 53-00; and THAT the By-law, attached to Report TR-53-00, marked Schedule "B" authorizing the Mayor and Clerk to execute the agreement be approved. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Reports #4, #5, #6 and #8; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell's employer is Blue Circle Canada Inc. Resolution #C-421-00 Moved by Councillor Novak, seconded by Councillor Trim THAT Report PD-075-00 be received; THAT the settlement of the Aggregate Producers Association of Ontario (AP AO) objections to a number of the proposed policies contained in the Municipality of Clarington Official Plan and Official Plan Amendment #3 that have been referred or appealed to the Ontario Municipal Board be received; . . . Council Minutes REPORTS Report #5 Principles of Understanding Blue Circle L04.BL Report #6 Rezoning Application Blue Circle D14.DEV .97 .083 - 38- July 10, 2000 THAT Council authorize staff to initiate the public consultation process for the proposed modified polices and proposed Amendment #19 to the Clarington Official Plan which will include the placing of public notices in the local newspapers and holding a public meeting in September 2000 in accordance with the Planning Act R.S.O. 1990; THAT the APAO, the Ministry of Municipal Affairs, the Ministry of Natural Resources, the Region of Durham Planning Department, Central Lake Ontario Conservation Authority, Ganaraska Conservation Authority, Save the Ganaraska Again (SAGA) and Save the Oak Ridges Moraine (STORM) receive copies of Report PD-075-00 including the attachments and a copy of Council's decision; and THAT all interested parties listed in Report PD-075-00 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-422-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report WD-36-00 be deferred until the Solicitor advises that the closing date provided in the Principles of Understanding has occurred and when the transactions which are to take place within three business days following the dosing date have been completed. "CARRIED" Resolution #C-423-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Report PD-076-00 be deferred until the Solicitor advises that the closing date provided in the Principles of Understanding has occurred and when the transactions which are to take place within three business days following the dosing date have been completed. "CARRIED" . . . Council Minutes REPORTS - 39- July 10,2000 Report #7 Resolution #C-424-00 Confidential Moved by Councillor Trim, seconded by Councillor Rowe Report PD-077-00 Report #8 Extension of "Unwinding Date" Blue Circle L04.BL THAT Confidential Report PD-077-00 be referred to the end of the agenda to be considered at a "dosed" meeting. "CARRIED" Resolution #C-425-00 Moved by Councillor Young, seconded by Councillor Novak THAT Report SOLIC-4-00 be received; THAT a by-law be passed authorizing the Mayor and Clerk on behalf of the Municipality of Clarington to execute an agreement with Blue Circle Canada Inc. to amend the Principles of Understanding between Blue Cirde Canada Inc. and the Municipality ofClarington dated November 3, 1997, as amended by the First, Second, Third and Fourth Amending Agreements by deleting the date "July 31, 2000" and replacing it with the date "September 15, 2000". "CARRIED" UNFINISHED BUSINESS Four-way Stop Resolution #C-426-00 Beaver and Edward Streets Moved by Councillor Mutton, seconded by Councillor Trim THAT the temporary four-way stop on Beaver and Edward Streets become permanent. "CARRIED" St. Stephens Estates Resolution #C-427-00 D09.COPA.2000.002 Moved by Councillor Schell, seconded by Councillor Trim THAT the Addendum to Report PD-63-00 be received; THAT Report PD-063-00 be lifted from the table; . . . Council Minutes - 40- July 10,2000 UNFINISHED BUSINESS Item #10 Land Acquisition Strategy Report THAT application to amend the Municipality of Clarington Official Plan submitted by St. Stephen's Estates Inc. be approved as Amendment No. 18 as indicated in Attachment #3 to Report PD-063-00 and that the necessary By-law be passed; THAT the Clerk be authorized to issue the Notice of Decision within 15 days; THAT a copy of Report PD-063-00 and amendment be forwarded to the Region of Durham for approval; THAT the Mayor and Clerk be authorized, by By-law, to execute an amending Subdivision Agreement between St. Stephen's Estates Inc. and the Municipality to permit the development of a total of eighteen semi- detached dwelling units on Blocks 137, 138, 140 and 141 on Plan 40M- 1977; and THAT all interested parties listed in Addendum to Report PD-63-00 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-428-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report PD-72-00 be received; THAT the Land Acquisition Strategy Report be amended as follows: . THAT Section 2. A4 be deleted; . THAT the following amendments be referred back to staff for preparation of a report to be submitted to the Council meeting scheduled to be held on July 10, 2000, to review the impacts the amendments may have on Development Charges: . Section 2. C1 - deleting the words "short term" and replacing them with the words "medium term"; . Section 2. C2 - deleting the words "medium term" and replacing them with the words "short term"; . . . Council Minutes - 41 - July 10,2000 UNFINISHED BUSINESS . Section 2. C4 - deleting the words "medium term" and replacing them with the words "short term"; THAT the Land Acquisition Strategy Report be approved, as amended; and THAT staff be authorized to take all necessary actions to implement the recommendations of the Land Acquisition Strategy. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #C-429-00 Moved by Councillor Mutton, seconded by Councillor Novak THAT the foregoing Resolution #C-428-00 be amended by deleting any reference to "expropriation" from the report. "CARRIED" Resolution #C-430-00 Moved by Councillor Young, seconded by Councillor Novak THAT the foregoing Resolution #C-428-00 be amended as follows: "1. THAT Section 2.4.2 (I) paragraphs 5 and 6 be deleted and replaced with: These lands shall be a priority for acquisition when they become available for sale. Properties will only be acquired from willing seller. To expedite the land acquisition process in this area, land owners will be reminded annually of the Municipality's desire to purchase these properties for the lakeshore park. The acquisition of these properties will ensure that the intent of one of the objectives of the Clarington Official Plan to establish a lakefront park is met. 2. THAT Section 2.4.2 (ii) be modified as follows: Recommendations 2 and 3 be deleted and replaced with: . . . Council Minutes -42 - July 10, 2000 UNFINISHED BUSINESS That staff be authorized to approach the owners of lands for the district park with the view of purchasing these properties should the owner wish to sell. 3. THAT Section 2.4.2 (iii) be modified as follows: Recommendation be modified to read as follows: That staff be authorized to approach the owners of Bond Head properties with a view of purchasing these properties should the owners wish to sell in the long term. "MOTION LOST" Resolution #C-43 1-00 Moved by Councillor Mutton, seconded by Councillor Schell THAT the foregoing Resolution #C-428-00 be amended by deleting any reference to "time frames" from the report. "CARRIED" Resolution #C-432-00 Moved by Councillor Schell, seconded by Councillor Trim THAT the foregoing Resolution #C-428-00 be amended by deleting any reference to "first right of refusal" from the report. "CARRIED" Resolution #C-433-00 Moved by Councillor Novak, seconded by Councillor Young THAT the foregoing Resolution #C-428-00 be amended by deleting any reference to "damaged centre" and "deterioration of properties" and replacing it with the Official Plan wording: "regulatory shoreline area". "CARRIED" . . . Council Minutes - 43 - July 10, 2000 UNFINISHED BUSINESS Land Acquisition Strategy Request for New Signage T08.GE The foregoing Resolution #C-428-00 was then put to a vote and "CARRIED AS AMENDED." Resolution #C-434-00 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Addendum to Report PD-072-00 be received; THAT staff be authorized to address the recommended amendments for Community Park land acquisitions in Section 2.C1, Section 2.C2 and Section 2.C4 within the context of the Financial Plan for Land Acquisition which will be submitted for Council's consideration in October 2000; and THAT Craig Binning of CSB Inc. be retained by the Municipality to work with staff in developing the Financial Plan for Land Acquisition and that the fees for his services be funded through the Working Fund Reserve Account Number 2900-l-X. "CARRIED AS AMENDED LATER THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-'I35-00 Moved by Councillor Young, seconded by Councillor Mutton THAT the Lakefront Acquisition portion of the report be referred back to staff for public information meetings and to seek input from the public and report back by the end of September, 2000. "CARRIED" The foregoing Resolution #C-434-00 was then put to a vote and "CARRIED AS AMENDED". Resolution #C-436-00 Moved by Councillor Young, seconded by Councillor Mutton THAT Report WD-34-00 be tabled for further information. "CARRIED" . . . Council Minutes - 44- July 10,2000 . UNFINISHED BUSINESS BY-LAWS Resolution #C-437-00 Moved by Councillor Rowe, seconded by Councillor Trim THAT the delegation of John Stephenson be acknowledged and received for information. "CARRIED" Councillor Schell stated a pecuniary interest with respect to By-law #2000-141 refrained from discussion and voting on the subject by-law. Councillor Schell's employer is Blue Circle Canada Inc. Resolution #C-438-00 Moved by Councillor Trim, seconded by Councillor Young THAT leave be granted to introduce by-laws 2000-108 to 2000-121, inclusive, By-law 2000-133 and By-laws 2000-136 to 2000-140, inclusive that the said by-laws be now read a first and second time: 2000-108 being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 and to repeal By-law 99-125 2000-109 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (James Tremblay and John Town) 2000-11 0 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1319164 Ontario Limited) 2000-111 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation ofthe former Town of Newcastle (Tony Slavin) . . . Council Minutes BY-LAWS 2000-112 2000-113 2000-114 2000-115 2000-116 2000-117 2000-118 2000-119 - 45- July 10, 2000 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington in respect to the Purchase of 44B West Beach Road, Lot 25, Plan 150, Part Lot 10, Broken Front Concession, Bowmanville, Municipality of Clarington being a by-law to amend the Purchasing By-law #94-129, as amended being a by-law to authorize a contract between the Corporation of the Municipality ofClarington and Balterre Contracting Ltd., Peterborough, Ontario, enter into an agreement for the Nash Road, Courtice, Ontario, Reconstruction being a by-law to authorize a contract between the Corporation of the Municipality ofClarington and Rutherford Contracting, Gormley, Ontario, to enter into an agreement for the Neighbourhood Park, Clarington Comers - Phase II being a by-law to authorize the use of the unopened road allowances shown on the Map attached as Schedule "A" by the Oak Ridges Trail Association, Clarington Chapter being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality ofClarington as public highways in the Municipality ofClarington being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Clarington Comers Stage I, Phase 2) (Approved by Council July 5, 1999) . . . Council Minutes BY-LAWS 2000-120 2000-121 2000-133 2000-136 2000-137 2000-138 - 46- July 10, 2000 being a by-law to authorize entering into an Agreement with Halloway Holdings Limited of Plan of Subdivision 18T -87087 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -87087 (Halloway Holdings Limited) (Approved by Council June 26, 2000) being a by-law to authorize entering into an Agreement with Towchester Developments Limited of Plan of Subdivision 18T-82037 and any Mortgagee who has an interest in the said lands, and the Corporation ofthe Municipality of Clarington in respect of 18T -8203 7 (Towchester Developments Limited) (Approved by Council June 26, 2000) being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Markson Borooah Hodgson Architects, Toronto, Ontario, for the Courtice Highway No.2 Corridor Study/Courtice Main Central Area Secondary Plan (Report TR-53-00 - Report #3) being a by-law to adopt Amendment No. 18 to the Clarington Official Plan (Addendum to Report PD-063-00) (Unfinished Business) being a by-law to authorize the entering into of an amending agreement with St. Stephens Estates Inc. and the Corporation of the Municipality of Clarington for the development of Plan of Subdivision 18T-88037 being a by- law to adopt Amendment No. 18 to the Clarington Official Plan (Addendum to Report PD-063-00) (Unfinished Business) being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Schickedanz Bros. Limited) . . . Council Minutes BY-LAWS - 47- July 10,2000 2000-139 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Cia ring ton and Edmond Vanhaverbeke, in Trust, in respect to the purchase of 166 - 168 Church Street, Part of Lot 152, Block L, Grant's Plan, designated as Part 8, IOR-645, Bowmanville, Municipality of Cia ring ton 2000-140 being a by-law to authorize a purchase agreement between the Corporation of the Municipality ofClarington and Theresa Vanhaverbeke, in Trust, in respect to the purchase of23 Silver Street, Part of Lots 152 and 153, Block L, Grant's Plan, designated as Part 4, IOR-645, Bowmanville, Municipality of Clarington "CARRIED" Resolution #C-439-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT the third and final reading of By-laws 2000-108 to 2000-121, inclusive, By-law 2000-133 and By-laws 2000-136 to 2000-140, inclusive, be approved. "CARRIED" Councillor Schell stated a pecuniary interest with respect to By-law #2000-141, refrained from discussion and voting on the subject matter. Councillor Schell is employed by Blue Circle Canada Inc. Resolution #C-440-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT leave be granted to introduce by-law 2000-141 being a by-law to authorize the execution of an Agreement to amend the Principles of Understanding between the Blue Circle Canada Inc. and the Municipality of Clarington dated November 3, 1997, that the said by-law be now read a first and second time. "CARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Confidential Verbal Report Temporary Street Signage - 48- July 10, 2000 Resolution #C-441-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT the third and final reading of By-law 2000-141 be approved. "CARRIED" Resolution #C-442-00 Moved by Councillor Novak, seconded by Councillor Rowe THAT the Confidential Verbal Report from the Chief Administrative Officer be referred to the end ofthe agenda to be considered at a "closed" meeting. "CARRIED" Resolution #C-443-00 Moved by Councillor Young, seconded by Councillor Mutton THAT all temporary street signage with the exception of construction related signs be accompanied by a 'Temporary' marker to ensure that residents are aware of the temporary status of the signs. "CARRIED" Resolution #C-444-00 Moved by Councillor Young, seconded by Councillor Mutton WHEREAS the main vehicular entrance to Newcastle Public School has been moved from Beaver Street to Glass Court; AND WHEREAS the crossing guard from Robert Street-Beaver Street is being relocated to Edward Street-Beaver Street; AND WHEREAS this change will encourage children to walk to school via Edward Street, not Beaver Street; . . . Council Minutes OTHER BUSINESS - 49- July 10, 2000 AND WHEREAS a number of children will be crossing Mill Street, a Type B arterial road and major access point to the 40 I to get to school; NOW THEREFORE BE IT RESOLVED THAT the Public Works Department be directed to undertake the necessary traffic study to determine if an adult crossing guard is warranted at the intersection of Edward Street and Mill Street in Newcastle Village, and report back the findings to the General Purpose and Administration Committee on September 5, 2000. "CARRIED" Resolution #C-445-00 Moved by Councillor Schell, seconded by Councillor Rowe THAT the meeting be "closed" for consideration of Report PD-077-00 pertaining to a property manner and the two Confidential Verbal Reports of the Chief Administrative Officer pertaining to personnel matters. "CARRIED" Resolution #C-446-00 Moved by Councillor Schell, seconded by Councillor Young THAT the actions taken during the "closed" meeting be ratified. "CARRIED" CONFIRMING BY-LAW Councillors Schell and Novak stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. . . . Council Minutes - 50- July 10,2000 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-447-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT leave be granted to introduce By-law 2000-142 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 10th day of July 2000, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-448-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT the third and final reading of By-law 2000-142 be approved. "CARRIED" Resolution #C-449-00 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 10:40 p.m. "CARRIED"