HomeMy WebLinkAbout07/19/1999special
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MUNICIPALITY OF CLARINGTON
Special Council Minutes
July 19, 1999
Minutes of a special meeting of Council
held on Monday, July 19, 1999, at
7:20 p.m., in the Council Chambers
PRAYERS
ROLL CALL
Present Were:
Mayor D. Hamre
Councillor J. Mutton
Councillor M. Novak
Councillor J. Rowe
Councillor 1. Schell
Councillor T. Young
Absent:
Councillor C. Trim (on vacation)
Also Present:
Chief Administrative Officer, F. Wu
Director of Community Services, J. Caruana (attended until II :55 p.m.)
Fire Chief, M. Creighton (attended until 11 :55 p.m.)
Solicitor, D. Hefferon (attended until 11 :55 p.m.)
Treasurer, M. Marano (attended until II :55 p.m.)
Manager Development Review Branch, 1. Taylor (attended until 11 :55 p.m.)
Director of Public Works, S. Vokes (attended until II :55 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURE OF PECUNIARY INTEREST
Councillor Schell indicated that he would be disclosing a pecuniary
interest with respect to Report TR-50-99 and all items related thereto.
Special Council Minutes
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July 19, 1999
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MINUTES OF PREVIOUS MEETING
Resolution #C-473-99
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the minutes ofa regular meeting of Council held on July 5, 1999,
be approved.
"CARRIED"
PUBLIC MEETING
A public meeting was held to consider the application to stop-up and close
and convey, Parts 1,2 and 3, Registered Plan 40R-19013, Part Lots 2
and 3, Concession 4, Former Township of Darlington - Crooked Creek
Golf Club Limited and Peter and Joan Tax.
Noone was in attendance to address this issue.
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A public meeting was held to consider the application from
542985 Ontario Limited (8. Vanandel) to stop-up and close a portion of
Gaud Gate (Part I, Plan 40R-19060), to establish a O.3m (I foot) reserve at
the easterly end of Gaud Gate (Part I, Plan40R-19060), to divert the
highway shown as Old Scugog Road and the intersection with Regional
Road 57 to a location approximately 55m (177 feet) north ofthe existing
intersection.
Noone was in attendance to address this issue.
PRESENTATION
The municipality's Y2K Officer, Fire Chief Mike Creighton, introduced
Fred Horvath and Lou Ann Birkett, members of the Y2K Committee, who
provided Council with a presentation outlining the Y2K concerns, steps
citizens can take to ensure their homes are Y2K compliant and actions
being undertaken by the municipality. They indicated that the Y2K
Committee will be holding open houses in order to allow residents to meet
with respective agencies to discuss their concerns and that presentations
will be made to any group upon request.
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Special Council Minutes
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July 19, 1999
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DELEGATIONS
Janie Dodds, Chair, Local Architectural Conservation Advisory
Committee, 3917 Clarke 8th Concession, R.R. #1, Orono, LOB IMO
provided Council with a Status Report on the activities of the Committee.
Mrs. Dodds indicated that the Committee is at this time unable to proceed
with the Bowmanville Inventory Book but they are pleased to assist the
municipality in completion of this project. She is requesting however, that
the Committee receive 5% of the royalty ofthe sale of each book and that
a page "Notes from the Publisher" submitted by LACAC describing their
mandate, input and contribution to both the book and the community be
included in the book.
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Issack Ziniuk, 997539 Ontario Ltd., Castle Hotel, 54 King Street East,
Bowmanville, L I C I N3 addressed Council with respect to Report
CD-26-99 which recommends the passing of a licensing by-law to regulate
Adult Entertainment Parlours. He stated that the proposed by-law is very
similar to the by-law recently passed by the City of Oshawa. This by-law
has been challenged by two businesses within the City and presently is not
being enforced, pending the decision of the Courts. He is requesting that
Council defer the passing of the proposed by-law until such time as a
decision is received on the challenge to the City of Os haw a's by-law.
John Pajak, Waljan Holdings Company Limited, t/a Ye Olde Tanglewood
Restaurant, 1540 Highway #2, Courtice, LIE 2R6 was called but was not
present.
Inspector Ross Smith and Constable Jeffrey Haskins, Durham Regional
Police Services, 77 Centre Street North, Oshawa, LI G 4B7 addressed
Council in support of the recommendations contained in Report
CD-26-99. Inspector Smith indicated that the City of Oshawa passed their
Adult Entertainment By-law on June 7, 1999, therefore, displacement of
these activities will take place. The proposed by-law is straightforward
and will be easy for the police force to enforce. He indicated that the
proposed by-law is a combination ofthe best sections of various by-laws
from around the Golden Horseshoe.
Kelvin Whalen, The Kaitlin Group Ltd., 1029 McNicoll Avenue,
Scarborough, MI W 3W6 addressed Council with respect to Report
PD-85-99 rather than Report ADMIN-25-99 as indicated in the agenda.
Mr. Whalen indicated that the staff report accurately portrays the decisions
which have taken place between the municipality and the Kaitlin Group.
He stressed, however, that his company is not prepared to dedicate the
Graham Creek valley land to the municipality.
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Special Council Minutes
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July 19, 1999
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DELEGATIONS
Wayne Clark, 177 Nonquon Road, Oshawa, LI G 3S2 addressed Council
on behalf ofthe Durham Region Homebuilders Association with respect to
Report ADMIN-25-99. Mr. Clark indicated that the Association supports
all but one recommendation in the report. He requested that that portion
dealing with indoor recreation be phased in over a three-year period.
Mr. Clark also questioned the number of residential units used in the
calculations.
Dr. John Campbell, 250 Baldwin Street, Newcastle, LIB ICl addressed
Council on behalf of Mrs. Robyn Richard with respect to Report
PD-85-99. Dr. Campbell submitted a petition from residents of Clark and
Baldwin Streets requesting that Council amend the Principles of
Understanding respecting Phases I and 2 of the Port of Newcastle
Development in such a way that the CNR underpass on Mill Street would
be left as it presently is until such time as there are 100 dwellings occupied
in the development and at that time the widening of the underpass proceed
as expeditiously as possible.
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Ken Donaldson, 527 Mill Street South, Newcastle, LIB ICI was called
but was not present.
Erskine Duncan, 27 Boulton Street, Newcastle, LIB IL9 addressed
Council on behalf of the Bondhead Community Association with respect
to Report PD-85-99. Mr. Duncan expressed disappointment with the
recommendation for Council to approve Option I of the report. He
questioned the traffic figures referred to in the report and requested
another meeting with the Public Works staff to discuss traffic safety. Mr.
Duncan provided Council with a history of the Graham Creek valley land
and urged Council to aggressively attempt to put the ownership ofthese
lands back onto the discussion table with the Kaitlin Group.
Jack Eilbeck, 626 Mill Street South, Newcastle, LIB lCl addressed
Council as a member of the Newcastle Ratepayers Association and a
member of the Bondhead Community Association with respect to Report
PD-85-99. He indicated that the wetland area at the west end of the
development is a natural area of flora and fauna which he would like to
see protected for future generations. He indicated that the protection of
the area should be vested with the municipality.
David Rickard, c/o 27 Boulton Street, Newcastle, LIB IL9 was called but
was not present.
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Special Council Minutes
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July 19, 1999
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DELEGATIONS
Gord Carveth, 612 Mill Street South, Newcastle, LIB lC1 advised
Council that he was in support of the earlier comments with respect to
Report PD-85-99.
Dean Avery, 524 Mill Street, Newcastle, LIB ICI was called but was not
present.
Linda Gasser, P.O. Box 399,7421 Best Road, Orono, LOB IMO advised
Council that, further to developments between herself and the municipality
today, there was no need for her to address Council with respect to Report
PD-89-99.
Bill Woods, 3296 Taunton Road, R.R. #2, Orono, LOB lMO addressed
Council with respect to Report PD-89-99. He questioned whether proper
road improvements will be completed and the use of an agricultural
implement storage shed.
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Richard Ward, 3709 Regional Road 9, Orono, LOB IMO addressed
Council with respect to Report PD-89-99. He indicated that it is
unacceptable to him for any amendment to the Official Plan to be
approved which would allow for anything other than "only" a fur garment
factory on the subject property.
Resolution #C-474-99
Moved by Councillor Novak, seconded by Councillor Schell
THAT Council recess for 15 minutes.
"CARRIED"
The meeting reconvened at 9: 15 p.m.
William D. Manson, 20 Clematis Road, Willowdale, M2J 4X2 addressed
Council in support of the recommendations contained in Report PD-90-99.
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Special Council Minutes
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July 19, 1999
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DELEGATIONS
Chris Conti addressed Council on behalf of Libby Racansky,
3200 Hancock Road, Courtice, LIE 2Ml with respect to Report
PD-91-99. Mr. Conti stated that the Ministry of Natural Resources is in
the process of defining the limits of the wetlands complex in this area and
requested that Council defer consideration of this matter until that
response is received. He questioned what water quality treatment was
being undertaken, the setback of 4.5 metres from the top of the bank and
the 60 metre vegetative corridor. Mr. Conti stressed that the wetland
complex issue should be identified for the development referenced in
Report PD-90-99 also.
Glenn Genge, D.G. Biddle and Associates, 96 King Street East, Oshawa,
LlH lB6 addressed Council with respect to Report PD-91-99. He
indicated that this development is a finishing off of the reserve lots and is
an extension to McLellan Drive. Approval of the recommendations will
allow for the development of sixteen large lots. Mr. Genge indicated that
there are many environmental controls in the conditions of draft approval.
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Paul Gearing, 3131 Tooley Road, Courtice, LIE 2K8 indicated support of
the recommendations contained in Report PD-91-99 and stated that he
looks forward to moving ahead with the project.
Roy Forrester, 6 Mill Lane, Orono, LOB lMO requested Council's final
approval for the full length of the Clarington Chapter of the Oak Ridges
Trail ending on the Boundary Road with Hope Township. He indicated
that extending the trail through the former Clarke Township on unopened
road allowances to the boundary is not a problem at this time. Mr.
Forrester indicated that the Association would also like to have approval
to use specific sections of unopened road allowances to enhance the
outdoor experience as well as viewing some exciting Clarington scenery.
Bob Allison, President, Ontario Ridges Trail Association, P.O. Box
28544, Aurora, L4G 6S6 advised that the Oak Ridges Trail Association
was formed in May 1992 by a group of volunteers interested in developing
a recreational trail along the moraine. Their long-term goal is to develop
the trail section by section from the Niagara Escarpment in the west to the
Northumberland Forest in the east. This will link the Trans Canada Trail,
the Bruce Trail, the Ganaraska Trial and the adjacent valley lands such as
the Humber and Rouge.
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Special Council Minutes
July 19, 1999
DELEGATIONS
COMMUNICATIONS
D-l
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Durham Central
Fair
D-2
Development
Charges By-law
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Kerry Meydam, 3828 Trulls Road, Courtice, LIE 2L3 verbalised her
concerns with respect to the frequency which developers request Council's
approval to decrease the amount of setback from watershed areas. She
stated that a dangerous precedence is being set with development not
adhering to the municipality's Official Plan.
Resolution #C-475-99
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Correspondence Items D - I and D - 2 be approved as per the
agenda.
"CARRIED"
Wm. J. Tomlinson, Parade Chairman, Durham Central Agricultural
Society, P.O. Box 90, 2 Princess Street, Orono, LOB IMO requesting
permission to hold the annual fair parades. The Opening Day Parade will
be held on Thursday, September 9, 1999 and the Children's Parade will be
held on Friday, September 10, 1999. The Durham Central Fair is
celebrating its 147 anniversary.
(Approved provided the organizers apply for and
obtain a Road Occupancy Permit)
Bill Palander, RIM, President, Toronto Real Estate Board, 1400 Don Mills
Road, Don Mills, M3B 3NI outlining the Toronto Real Estate Board's
views on the new Development Charges By-law. They believe that
development charges have been a significant barrier to housing
affordability and economic development for several years. Their
understanding is that development charges are a way in which
municipalities can require those who develop land to contribute to the
capital costs necessary to service new development. This means joint
responsibility and the fair sharing of the costs between new growth and the
existing taxpayer. The intent of the provincial reforms to the Act in 1997
was to reduce charges. Development charges ultimately affect the
affordability of resale homes since these costs are passed on in the form of
an increased sale price. In addition, the impact of charges on the business
sector would be the loss of jobs and investment to other jurisdictions that
have lower development costs.
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Special Council Minutes
July 19, 1999
COMMUNICATIONS
MOTION
NOTICE OF MOTION
Clarington
Waste
Processing Centre
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The residential sector has been the engine for most new development over
the last several years and any increase to development charges will run
contrary to the goal of providing affordable housing. They would support
any move to lower these charges as higher development charges would
also result in higher costs for developers and tenants of industrial and
commercial properties at a time when the industry is only beginning to
recover from a lengthy downturn.
(Advise of actions taken and forward a copy of the
staff report)
Resolution #C-476-99
Moved by Councillor Mutton, seconded by Councillor Schell
WHEREAS Clarington Waste Processing Centre Ltd. is proposing to
expand the former Newcastle Landfill Site;
NOW THEREFORE BE IT RESOLVED THAT Council direct staff to
attend and monitor the public information meetings; and
FURTHER THAT the Ministry of Environment be requested to keep the
Municipality of Clarington informed of all relevant happenings and, upon
completion of the Environmental assessment, make a presentation to
Clarington Council.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea
Nay
Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Young
Mayor Hamre
Councillor Trim
Special Council Minutes
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July 19, 1999
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REPORTS
Mayor Hamre vacated the chair for consideration of Report
ADMIN-25-99. Acting Mayor Schell chaired this portion of the meeting.
Report # I
Resolution #C-477-99
Development
Charges
Moved by Councillor Rowe, seconded by Councillor Mutton
THAT Report ADMIN-25-99 be received;
THAT the Capital Works forecast as contained in the Development
Charges Background Study - Final Report, July, 1999 be approved;
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;
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THAT the Municipality of Clarington not impose a charge related to
Hydro Electric Services;
THAT the Municipality of Cia ring ton not impose a charge on industrial
development;
THAT the Development Charges By-law attached to Report
ADMIN-25-99 be approved;
THAT the by-law attached to Report ADMIN-25-99 authorizing the close
out of existing Development Charges Reserve Funds, establishment of
new Development Charges Reserve Funds, and transfer of previous fund
balance into new funds, be approved;
THAT staff continue working with Hemson Consulting Ltd. to expand the
scope of the financial impact analysis and report back to Council dealing
with such matters as operating cost impact, cash flow analysis, etc. as
related to the capital works program developed for the Development
Charges Study;
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Special Council Minutes
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July 19, 1999
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REPORTS
THAT although the proposed development charge by-law has been
changed following the statutory meeting held by Council on June 14, 1999
respecting the Development Charges Background Study, the Municipality
of Clarington, dated May, 1999, and a Final Background Study dated
July, 1999 has been prepared and is before Council for approval, Council
hereby determines that a further public meeting under section 12 ofthe
Development Charges Act is not necessary regarding the Background
Study dated May, 1999, the Final Background Study dated July, 1999 and
the proposed by-law as changed; and
THAT all delegations be acknowledged and be advised of Council's
decision.
"SEE FOLLOWING MOTION"
Resolution #C-478-99
Moved by Mayor Hamre, seconded by Councillor Novak
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THAT Report ADMIN-25-99 and the foregoing Resolution #C-477-99 be
referred back to staff to review the projected numbers and the time
projections in an attempt to bring forward a reduced Development Charge;
THAT this matter be considered at a special meeting of Council to be held
at 9:30 a.m. on Thursday, July 29,1999; and
THAT the Development Charges Report be the only item on the agenda
for that meeting.
"CARRIED"
Mayor Hamre reassumed the chair.
Report #2
Resolution #C-479-99
Adult
Entertainment
Parlours
Moved by Councillor Young, seconded by Councillor Rowe
THAT Report CD-26-99 be received;
THAT the proposed Municipal Licensing By-law, including Schedule A
and Schedule B, attached to Report CD-26-99, be passed;
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Special Council Minutes
REPORTS
Report #3
1999-2000
Schedule of
Rates and Fees
Report #4
Walkway
Connection
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July 19, 1999
THAT By-law 97-36 be repealed;
THAT the short form wording and set fines set out in Attachment '2' of
Report CD-26-99 be approved; and
THAT the owners of the Castle Hotel and the Tanglewood Tavern be
advised of Council's actions.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea
Nay
Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Young
Mayor Hamre
Councillor Trim
Resolution #C-480-99
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report No. CS-1I-99 be received; and
THAT Council approve the proposed schedule of Rates and Fees attached
to Report CS-II-99, effective September 1,1999.
"CARRIED"
Resolution #C-481-99
Moved by Councillor Novak, seconded by Councillor Mutton
THAT Report No. CS-13-99 be received for information.
"CARRIED"
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Special Council Minutes
REPORTS
Report #5
Beach
Volleyball
Report #6
Schickedanz
Bros. Ltd.
Rezoning Appl.
DI4.ZBA.99.016
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July 19, 1999
Resolution #C-482-99
Moved by Councillor Mutton, seconded by Councillor Novak
THAT Report No. CS-12-99 be received; and
THAT Ms. Anthea Rowe be thanked for her initiative in providing a beach
volleyball facility at the Courtice Community Complex.
"CARRIED"
Resolution #C-483-99
Moved by Councillor Novak, seconded by Councillor Mutton
THAT Report PD-87-99 be received;
THAT the request submitted by Lawrence Wesson on behalf of
Schickedanz Bros. Ltd. for removal of the Holding (H) symbol from the
subject lands be approved and that the amending By-law attached to
Report PD-87-99 be forwarded to Council for approval;
THAT a copy of Report PD-87-99 and the attached Amendment be
forwarded to the Region of Durham Planning Department;
THAT the attached Amendment to Report PD-87-99 be circulated in
accordance with the regulations made under the Planning Act; and
THAT all interested parties listed in Report PD-87-99 and any delegation
be advised of Council's decision.
"CARRIED"
Special Council Minutes
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July 19, 1999
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REPORTS
Report #7
Resolution #C-484-99
Sign By-law
Amendment
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Report PD-88-99 be received;
THAT the amendment to Sign By-law No. 97-157 as contained in
Attachment No. I to Report PD-88-99 be approved; and
THAT all interested parties listed in Report PD-88-99 and any delegations
be advised of Council's decision.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea
Nay
Absent
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Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor ScheU
CounciUor Young
Mayor Hamre
Councillor Trim
Report #8 Resolution #C-485-99
Paula Lishman Moved by Councillor Novak, seconded by Councillor Schell
International Ltd.
D09.COP A.97.008 THAT Report PD-89-99 be received;
THAT the Ontario Municipal Board be requested to:
i) modify Amendment No.9 to the Clarington Official Plan in
accordance with Attachment No. I to Report PD-89-99 as
amended in accordance with the memorandum dated July 19, 1999
from the Director of Planning and Development and the Solicitor;
ii) approve Amendment No.9 to the Clarington Official Plan, as so
modified
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Special Council Minutes
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July 19, 1999
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REPORTS
THAT staff be authorized to appear before the Ontario Municipal Board in
support of the decision of the Land Division Committee to approve the
proposed consent to sever LD 327/98, in accordance with Report
PD-89-99; and
THAT the interested parties listed in Report PD-89-99 and any other
delegations be notified of Council's decision.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea
Nay
Absent
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Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor ScheU
Councillor Young
Mayor Hamre
Councillor Trim
Report #9 Resolution #C-486-99
Claret Investments Moved by Councillor Schell, seconded by Councillor Rowe
Ltd. & Rexgate
Holdings Ltd. THAT Report PD-90-99 be received;
THAT the proposed red-line revisions to Draft Approved Plan of
Subdivision 18T-91 005, dated June 22, 1999, submitted by W.D.M.
Consultants on behalf of Claret Investments Ltd. and Rexgate Holdings
Ltd. be approved, subject to the conditions contained in Attachment No.3
to Report PD-90-99; and
THAT the Durham Region Planning Department, and all interested parties
listed in Report PD-90-99 and any delegation be advised of Council's
decision.
"CARRIED"
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Special Council Minutes
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July 19, 1999
REPORTS
Report # 10 Resolution #C-487-99
H. Kassinger Moved by Councillor Young, seconded by Councillor Schell
Construction Ltd.
and Gearing Farms THAT Report PD-91-99 be received;
THAT the application for proposed plan of subdivision, submitted by
D.G. Biddle and Associates Ltd. on behalf of H. Kassinger Construction
Ltd. and Gearing Farms Ltd. be approved subject to the conditions of draft
approval contained in Report PD-91-99;
THAT the Mayor and Municipal Clerk be authorized by by-law to execute
a Subdivision Agreement between the Owner and the Municipality of
Clarington at such time as the agreement has been finalized to the
satisfaction of the Director of Public Works and the Director of Planning
and Development;
THAT a copy of Report PD-91-99 and Council's decision be forwarded to
the Region of Durham Planning Department; and
THAT all interested parties listed in Report PD-91-99 and any delegations
be advised of Council's decision.
"CARRIED"
Resolution #C-488-99
Moved by Councillor Novak, seconded by Councillor Schell
THAT Council recess for 15 minutes.
"CARRIED"
The meeting reconvened at 11 :20 p.m.
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Special Council Minutes
July 19, 1999
REPORTS
Report # II
Architectural
Control
Report # 12
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Property Clean
Up
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Resolution #C-489-99
Moved by Councillor Novak, seconded by Councillor Mutton
THAT Report PD-92-99 be received;
THAT Council approve the request from The Kaitlin Group Limited
seeking relief from the provisions of Paragraphs 1 a) and 4b) of the
Architectural Control Standards, Schedule "W" contained within the
Municipality's core subdivision agreement; and
THAT the interested persons listed in Report PD-92-99 and any other
delegation be notified of Council's decision.
"CARRIED"
Resolution #C-490-99
Moved by Councillor Rowe, seconded by Councillor Novak
THAT Report CD-27-99 be received; and
THAT authorization be given to the Municipal Law Enforcement Officers
to undertake all necessary actions to have the property know as Lot 6, Plan
40M-1798 and Lot 6, Plan 40M-I779, Dalepark Drive, Courtice, cleaned
up; and
THAT all costs associated with the clean-up be initially charged against
contingency account number IIOO-9-X and subsequently added to the
Collector's Roll and collected in the same manner and with the same
priorities as Municipal Real Property Taxes.
"CARRIED"
Councillor Schell stated a pecuniary interest with respect to Report
TR-50-99; vacated his chair and refrained from discussion and voting on
the subject matter. Councillor Schell indicated that he is employed by
Blue Circle Canada Inc. who is referenced in the report.
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Special Council Minutes
July 19, 1999
REPORTS
Report # 13
CL99-8
Westside Creek
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Report # 14
Smart
Communities
Demonstration
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Resolution #C-49l-99
Moved by Councillor Mutton, seconded by Councillor Novak
THAT Report TR-50-99 be received;
THAT Dagmar Construction Inc., Marham, Ontario, with a total bid in the
amount of$982,580.54 (including G.S.T.), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL 99-8,
be awarded the contract for the construction of Westside Creek Bridge and
Cove Road as required by the Department of Public Works;
THAT the total funds required in the amount of $632,200.00 ($982,500.54
+ design, contract administration and utilities less Blue Circle
Contribution) for the Municipality ofClarington portion be drawn from
the Public Works Account #7205-97006-0261;
THAT the costs attributable to Blue Circle Canada Inc. be interim
financed from working Funds Reserve Account #2900-00001-0000;
THAT expropriation up to the budget limit for legal consulting and other
related costs of$59,600.00 be charged to the Public Works Capital
Account for Cove Road and any further costs up to $53,717.00 be charged
to the General Capital Reserve account #2900-00017-0000 as necessary;
and
THAT the By-law marked Schedule "A" attached to Report TR-50-99
authorizing the Mayor and Municipal Clerk to execute the agreement be
approved.
"CARRIED"
Resolution #C-492-99
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report TR-51-99 be received for information.
"CARRIED"
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Special Council Minutes
REPORTS
Report # 15
Monthly Report
Building Permit
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July 19, 1999
Resolution #C-493-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT Report WD-33-99 be received for information.
"CARRIED"
Resolution #C-494-99
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Confidential Reports ADMIN-26-99 and ADMIN-27-99 dealing
with personnel and property matters be referred to the end of the agenda
to be considered during a "closed" session of Council.
"CARRIED"
UNFINISHED BUSINESS
Principles of
Understanding
Resolution #C-495-99
Moved by Councillor Novak, seconded by Councillor Mutton
THAT Addendum to Report PD-54-99 be received;
THAT Report PD-54-99 be lifted from the table;
THAT Report PD-54-99 be received;
THAT the Principles of Understanding contained in Attachment No.3 to
Report PD-54-99 be approved, subject to the date August 31, 1999 being
changed to read September 15, 1999 wherever the former date appears;
THAT a by-law be passed to authorize the Mayor and Clerk to execute the
Principles of Understanding on behalf of the Municipality;
THAT Option I respecting access to Phase I of the Port of Newcastle
development as set out in Section 2 of Addendum to Report PD-54-99 be
approved;
Special Council Minutes
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July 19, 1999
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UNFINISHED BUSINESS
THAT Kaitlin's request be granted relying on Kaitlin's written
undertaking contained in Attachment No.2 and pass a by-law authorizing
the Municipality to accept transfers of Parts 4 to 6 and 12 to 18, all
inclusive on Plan 40R-18328 from Ontario Hydro and Parts 8 to 10, all
inclusive on Plan 40R-18328 from the Region of Durham;
THAT the By-law attached to Report Addendum to Report PD-54-99
authorizing the Municipality to accept transfers from Ontario Hydro and
the Region of Durham relying on Kaitlin's written undertaking, be
approved; and
THAT the interested persons listed in Addendum to Report PD-54-99 and
any other delegations be notified of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
\...
Port of
Newcastle
Development
Resolution #C-496-99
Moved by Councillor Mutton, seconded by Councillor Young
THAT the foregoing Resolution #C-495-99 be amended by the sixth
paragraph and replacing it with the following:
"THAT Option #1 respecting access to Phase I of the Port of
Newcastle development as set out in Section 2 of Addendum to
Report PD-54-99 be amended to include that traffic volumes be
monitored throughout the construction of the development and that at
the time of the 100th occupancy staffreview and report back to
Council on the issue of signalization and approved, as amended."
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
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Special Council Minutes
- 20-
July 19, 1999
'--'
UNFINISHED BUSINESS
Recorded Vote
Yea
Nay
Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Young
Mayor Hamre
Councillor Trim
The foregoing Resolution #C-495-99 was then put to a vote and
"CARRIED AS AMENDED ON THE FOLLOWING RECORDED
VOTE":
Recorded Vote
Yea
Nay
Absent
~
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Young
Mayor Hamre
Councillor Trim
Resolution #C-497-99
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Report PD-85-99 be received;
THAT, as soon as is reasonably practical following the expiration ofthe
Unconditional Date defined in the Principles of Understanding attached to
Report PD-54-99, the Region of Durham be advised that the Municipality
of CIa ring ton recommends:
a) approval of the further red-line revisions to draft plan of
subdivision 18T-91004 as shown on the plans contained in
Attachment No.2 to Report PD-85-99;
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Special Council Minutes
- 21 -
July 19, 1999
'--'
UNFINISHED BUSINESS
b) the amendment to the conditions of approval of draft plan of
subdivision 18T-91004 as set out in Attachment No.4 to Report
PD-85-99;
THAT the Mayor and Municipal Clerk be authorized, by By-law, to
execute the Subdivision Agreement between the Owner of the revised
draft plans of subdivision 18T-91004 and the Corporation of the
Municipality of Clarington at such time as an agreement has been
finalized to the satisfaction of the Director of Public Works and the
Director of Planning and Development. The revised Subdivision
Agreement is to reflect the revised conditions of draft approval contained
in Attachment No.4 to Report PD-85-99 and the provisions of the
Principles of Understanding attached to Report PD-54-99; and
THAT the Region of Durham Planning Department and all interested
parties listed in Report PD-85-99 and any delegations be advised of
Council's decision.
\.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Yea
Nay
Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Young
Mayor Hamre
Councillor Trim
Resolution #C-498-99
Moved by Councillor Young, seconded by Councillor Novak
THAT the delegation of Janie Dodds be received and referred to staff for
consideration of her request and preparation of a report to be submitted to
the General Purpose and Administration Committee.
"CARRIED"
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Special Council Minutes
- 22-
July 19, 1999
UNFINISHED BUSINESS
Resolution #C-499-99
Moved by Councillor Novak, seconded by Councillor Young
THAT the delegations of Roy Forrester, Bob Allison and the
correspondence dated July 7, 1999 from Leigh Parker and addressed to
Ms. Jan O'Neill be received and referred to the Director of Public Works
for review and preparation of a report to be submitted to the General
Purpose and Administration Committee.
"CARRIED"
Resolution #C-500-99
Moved by Councillor Schell, seconded by Councillor Mutton
THAT the delegation of Kerry Meydam be received for information.
"CARRIED"
BY-LAWS
Resolution #C-501-99
Moved by Councillor Novak, seconded by Councillor Young
THAT By-laws 99-125 and 99-126 be tabled to the Special Council
Meeting scheduled to be held at 9:30 a.m. on July 29, 1999.
"CARRIED"
Councillor Schell stated a pecuniary interest with respect to By-law
99-124; vacated his chair and refrained from discussion and voting on the
subject matter. Councillor Schell indicated that the by-law affects his
employer, Blue Circle Canada Inc.
Special Council Minutes
\..-
BY-LAWS
- 23-
July 19, 1999
Resolution #C-502-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT leave be granted to introduce the following by-laws and that the
said by-laws be now read a first and second time:
99-83
99-116
99-11 7
\.,..
being a by-law to authorize the Principles of Understanding
between the Corporation of the Municipality ofClarington and
1138337 Ontario Inc.
being a by-law to authorize entering into an Agreement with
1138337 Ontario Ltd., The owners of Plan of Subdivision
18T-91004 and any Mortgagee who has an interest in the said
lands, and the Corporation of the Municipality of Cia ring ton in
respect of 18T -91004
being a by-law to authorize entering into an Agreement with
1317870 Ontario Ltd., The Owners of Plan of Subdivision
18T-97002 and any Mortgagee who has an interest in the said
lands, and the Corporation of the Municipality of Clarington in
respect of 18T -97002
99-118 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle
99-119 being a by-law to amend By-law 97-157, as amended of the
Municipality ofClarington
99-120 being a by-law to stop-up and close and authorize the
conveyance of part of the unopened road allowance between
Lots 2 and 3, Concession 4, former Township of Darlington
99-121 being a by-law to stop-up and close a portion of Gaud Gate and
terminate the intersection at Regional Road 57; to establish a
one foot reserve; and to divert a portion of Old Scugog Road
and the intersection of Old Scugog Road and Regional Road 57
99-122 being a by-law to repeal By-law 99-109, a by-law to amend
By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
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Special Council Minutes
- 24-
July 19, 1999
BY-LAWS
99-123 being a by-law to license, regulate and govern certain
businesses in the Municipality ofClarington
99-124 being a by-law to authorize a contract between the Corporation
of the Municipality ofClarington and Dagmar Construction,
Markham, Ontario, for the construction of Wests ide Creek
Bridge and Cove Road
99-127 being a by-law to authorize the Municipality to accept the
transfer oflands from Ontario Hydro and the Regional
Municipality of Durham, relying on a written undertaking from
The Kaitlin Group Limited
"CARRIED"
Resolution #C-503-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT the third and final reading of By-law 99-83,99-116 to 99-124
inclusive and 99-127 be approved.
"CARRIED"
Resolution #C-504-99
Moved by Councillor Rowe, seconded by Councillor Mutton
WHEREAS no long range planning policy exists for public land
acquisition;
NOW THEREFORE BE IT RESOLVED that staff be directed to develop
a Public Land Acquisition Policy and present it to Council prior to the new
year.
"CARRIED"
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\w.
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Special Council Minutes
- 2S -
July 19, 1999
OTHER BUSINESS
Resolution #C-S05-99
Moved by Councillor Young, seconded by Councillor Mutton
THAT members of the local press receive notice of all meetings at which
all Members of Council are requested to attend.
"CARRIED"
Resolution #C-506-99
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the meeting be "closed" in order to discuss a personnel and a
property matter.
"CARRIED"
Resolution #C-S07-99
Moved by Councillor Schell, seconded by Councillor Young
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
CONFIRMING BY-LAW
Councillor Schell indicated pecuniary interests earlier in the meeting and
refrained from discussion and voting on the confirming by-law.
Resolution #C-S08-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT leave be granted to introduce By-law 99-128 being a by-law to
confirm the proceedings of the Council of the Municipality of CIa ring ton
at this meeting held on the 19th day of July 1999, and that the said
by-law be now read a first and second time.
"CARRIED"
Special Council Minutes
- 26-
July 19, 1999
'-' CONFIRMING BY-LAW
Resolution #C-509-99
Moved by Councillor Young, seconded by Councillor Rowe
THAT the third and final reading of By-law 99-128 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-Sl 0-99
Moved by Councillor Young, seconded by Councillor Schell
THAT the meeting adjourn at 12:25 a,m.
"CARRIED"
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g/~~~d//
MAYOR
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