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HomeMy WebLinkAbout04/14/1997 . . . --- ~ ~ Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON April 14, 1997 Minutes of a regular meeting of Council held on Monday, April 14, 1997, at 7:00 p.m., in the Council Chambers Councillor Hannah led the meeting in prayer. Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana (Attended until 10:25 p.m.) Fire Chief, M. Creighton (Attended until 10:05 p.m.) Solicitor, D. Hefferon Treasurer,M. Marano Director of Public Works, S. Vokes (Attended until 10:25 p.m.) Director of Planning and Development, F. Wu (Attended until 10:25 p.m.) Clerk, P. Barrie DECLARATIONS OF IN1EREST MINUTES OF PREVIOUS MEETINGS There were no declarations of interest stated for this meeting. Resolution #C-235-97 Moved by Councillor Pingle, seconded by Councillor Novak THAT the minutes of a special meeting of Council held on April 7, 1997, be approved; and THAT the minutes of a regular meeting of Council held on April 14, 1997, be approved. "CARRIED" . . . ~ Council Minutes PRESENTATIONS DELEGATIONS - 2 - April 14, 1997 Dave Clark, Clarington Hydro-Electric Commission, together with Chris Bieber, Central Ontario Electric, presented the Durham Utilities Group Feasibility Study for Retail System Restructuring. They indicated that the MacDonald Advisory Committee recommended a considerable amount of amalgamation in the distribution of electric power in order to achieve efficiencies of scale. The government is strongly encouraging amalgamation studies and the prospect of retail competition demanding new business structure that can deal with the wholesale buying and retail marketing of electricity. The study highlights amalgamation of the eight municipal electric utilities within Durham Region in 1998 and expansion into the Ontario Hydro retail system in 2001. The average savings, by way of rate reduction and amalgamation dividends, will amount to 1.9% recognizing an annual savings of approximately $5 million. Mr. Clark and Mr. Bieber requested Council's endorsement of the Feasibility Study. Barry James, Livestock Valuer for the Municipality of Clarington, advised Council that the increase in livestock claims is due to the rapid increase in wolf population and the resulting disappearance of groundhogs and rabbits. As sheep are easy targets for wolves, and Clarington is home to some of the largest sheep producers in Ontario, the Municipality is a "hot spot" for wolf kills. Mr. James stated that in areas where electric fencing is installed, very few animals are lost to wolves. Rather than having the Province compensate for wolf damage, he would like to see a subsidy put in place for predator-proof fencing. Douglas Markoff, Douglas Botanical Park and Nature Centre, 154 Aylesworth Avenue, Scarborough, M1N 2J6, addressed Council with respect to Report ADMIN-8-97. Mr. Markoff suggested that the Municipality purchase this property and then lease it to a viable business operation. Cost of the lease would offset the land costs and, therefore, public monies would not be used for the purchase. He suggested that an offer could be submitted to the Ontario Realty Corporation, conditional upon a viable business plan coming forward for the property. He suggested also that the Municipality attempt to negotiate a lower price for the lands and use other reserve funds than the parkland reserve. Mr. Markoff stressed that this is an opportunity for the Municipality to develop a botanical garden which would have tangible long term economic value to the Municipality. It is a step which is good for the Municipality, the land, education, arts and culture, children and the future. Gail Krantzberg, 40 St. Clair Avenue West, Toronto, M4V 3C3, indicated concurrence with the comments of Douglas Markoff. She stated that urbanization is encroaching on green space and pressure on farmland will increase in the future. The purchase of the Orono Nursery is an opportunity to preserve some of the agricultural land within the Municipality as is mandated in the Official Plan. It is her hope that the Municipality is a partner with whatever business venture comes forward for the property. . . . Council Minutes DELEGATIONS - 3 - April 14, 1997 Leah Houston, 137 Cedarcrest Beach Road, Bowmanville, L1C 3K3, addressed Council in opposition to the recommendations contained in Report ADMIN-1l-97. In her opinion, the Westside Creek Marsh is being treated as a commodity with a dollar value being placed upon it. She indicated that this is one of the healthiest and most interesting wetlands in the Province and at this point no one can say for sure that the proposed plan will not hurt these wetlands. At this time, the best decision would be to make no decision. She questioned whether the new owners of St. Marys will honour commitments which have already been made. Maurice Nimigon, 280 King Street East, Bowmanville, LIC 1P9, advised Council that he has spoken with numerous municipalities regarding livestock claims and has determined that the amounts paid out by Clarington are extreme. In speaking with Manvers Township, it was determined that veterinarians had been appointed as their livestock valuers. In so doing, the vets can determine whether the animals died from natural causes or were killed by wolves. Since this practice was put into place, Manvers Township has decreased their livestock claims by approximately 50%. He urged Council to look into this method of appointments. Jacqueline Lake, 254 Baldwin Street, Newcastle, LIB 1C1, addressed Council on behalf of residents of Clarke and Baldwin Streets and concerned citizens residing south of Highway 401 in Newcastle. She questioned whether the proponents of the subdivision in that area will be required to widen the underpath or find an alternative access route as Bramalea Limited was required to do. Also, she questioned whether approval has been received from the Ganaraska Region Conservation Authority to develop a road on the environmentally protected lands. Dr. John Campbell addressed Council with respect to the same matter and voiced concerns over the timing of the meeting which Council directed take place between the developer, residents and staff of the Planning and Development Department. Don Welsh, 4280 Mearns Avenue, Bowmanville, L1C 3K5, addressed Council on behalf of Durham Federation of Agriculture, and indicated concurrence with the Woodlot Preservation By-law as outlined in Addendum to Report PD-31-97. K. Dehaas, 83 Cedarcrest Beach Road, Bowmanville, L1C 3K3, requested Council's assistance in alleviating the problem of individuals parking on the vacant lot adjacent to his property at all hours of the night. Resolution #C-236-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 9:16 p.m. . . . Council Minutes COMMUNICATIONS - 4 - April 14, 1997 Resolution #C-237-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the communications to be received for information be approved with the exception of Items I - 3, I - 5, I - 11, I - 17, I - 18, I - 21 and I - 26. "CARRIED" I-I Correspondence received from Steven F. Brickell, City Clerk, City of Peterborough - Resolution re: Smoking Regulations Province Wide; I - 2 Correspondence received from Howard Hampton, Ontario New Democratic Party - Social Services Funding; I - 4 Correspondence received from Jennifer Allan, Secretary to the City Clerk, City of Oshawa - Request to M.T.O. for Removal of Premium Fee Charged to G.T.A. Drivers; I - 6 Correspondence received from Lawrence Allison, Director of Corporate Services, Town of Aurora - Request to M.T.O. for Removal of Premium Fee Charged to G.T.A. Drivers; I - 7 Correspondence received from Walter Taylor, Clerk, Township of Uxbridge - Resolution Re: Request to M.T.O. for Removal of Premium Fee Charged to G.T.A. Drivers; I - 8 Correspondence received from Peter Hundeck, Assistant Deputy Minister, Ministry of Consumer and Commercial Relations - Transfer of Retail Business Holidays Act (RBHA) to Ministry of Consumer and Commercial Relations; I - 9 Correspondence received from Christine Archibald, Administrator, City Services Committee, City of Toronto - Request to M.T.O. for Removal of Premium Fee Charged to G.T.A. Drivers; I - 10 Correspondence received from Stuart Hartley, Vice President, Ontario Region, Canadian Soft Drink Association - Curbside Recycling Program; I - 12 Correspondence received from Dave Clark, General Manager, Secretary, Clarington Hydro Electric Commission - Feasibility Study for Restructuring the Retail Electric System - Durham Utilities Group; I - 13 Correspondence received from Sharon Chisholm, Executive Director, Canadian Housing and Renewal Association - Promote Access to Adequate and Affordable Housing; 1- 14 Correspondence received from O.A. Kupcis, Ontario Hydro - London Hydro Commissioners' Position; . . . Council Minutes COMMUNICATIONS - 5 - April 14, 1997 I-IS Correspondence received from K.J. & Deborah McCaig, 1996-97 National Presidents, Kinsmen & Kinette Clubs of Canada - Letter of Thanks; I - 16 Correspondence received from the Clarington Concert Band - Schedule of 1997 Events; I - 19 Correspondence received from Nanda Casucci-Byrne, Manager, Ontario Honours and Awards, Ministry of Citizenship, Culture and Recreation - Community Action Award Program; I - 20 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on April 2, 1997; I - 22 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on March 18, 1997; I - 23 Correspondence received from CW. Lundy, Regional Clerk, Regional Municipality of Durham - By-law to Appoint Certain Persons Being Employees of Area Municipalities as Municipal By-law Enforcement Officers in the Regional Municipality of Durham; I - 24 News Release received from the Association of Municipalities of Ontario entitled "Municipalities Table Alternatives to Who Does What Proposals"; I - 25 Correspondence received from Vincent Fabiilli, Manager, Provincial Planning Services Branch, Ministry of Municipal Affairs and Housing - Notice of Decision for OP A No. 30 to the Official Plan for the Region of Durham; I - 27 Correspondence received from Jack Foote entitled "What If...?"; I - 28 Minutes of a meeting of the Clarington Healthy Communities Committee held on March 18, 1997; I - 29 Correspondence received from M. de Rond, Clerk, Town of Ajax - Greater Toronto Services Board Discussion Paper; I - 30 Correspondence received from the Assistant City Clerk, City of Toronto - Regional Governments in the Greater Toronto Area; 1-31 Correspondence received from CD. Weldon, Chief Administrative Officer, Town of Richmond Hill - Greater Toronto Services Board; I - 32 Correspondence received from Karen Campbell, Co-Chair, GTA Economic Development Partnership - Comments on the Greater Toronto Services Board; 1-33 Correspondence received from Brian Suter, City Clerk, City of Oshawa- Municipal Governance Reform; . . . Council Minutes COMMUNICATIONS 1-3 Canadian Waste Services Inc. E07.WA I - 5 Northumberland Clarington Board of Education Allocation A01.NO - 6 - April 14, 1997 1-34 Correspondence received from Hazel McCallion, Mayor, City of Mississauga, Chairperson, GTA Mayors & Regional Chairs - GTA Mayors & Regional Chairs DCA '96 Position Paper; and I - 35 Correspondence received from C.W. Lundy, Regional Clerk, Regional Municipality of Durham - Decommissioning and Clean-up of Contaminated Sites. Resolution #C-238-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the correspondence dated April 2, 1997, from Vaughn Goettler, Divisional Vice President, Canadian Waste Services Inc., regarding the sale of the Canadian portion of Laidlaw Waste Systems Ltd. to Canadian Waste Systems Inc., be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-239-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-238-97 be amended by adding the following thereto: "THAT a letter be forwarded to Canadian Waste Services Inc., welcoming them as a new business in Clarington and advising them that the Municipality looks forward to doing business with them; and THAT Canadian Waste Services Inc., be advised that the Municipality is not interested in a landfill opportunity as it does not comply with the Municipality's Official Plan and there is no suitable location for a landfill site in the Municipality." "CARRIED" The foregoing Resolution #C-238-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-240-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the Rules of Procedure be suspended to allow for reconsideration of Resolution #C-186-97 pertaining to an allocation of $14,000 from the Northumberland-Clarington Board of Education at this time. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" . . . Council Minutes COMMUNICATIONS 1- 11 Kidney Car Program M02.GE - 7 - April 14, 1997 Recorded Vote Yea Nav Absent Councillor Pingle Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Scott Mayor D. Hamre Resolution #C-241-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the correspondence received from Frank Hoar, Secretary, Newcastle Ratepayers Association, regarding Hope Township Council's objection to the Northumberland-Clarington Board of Education allocation of $14,000 in support of a court application challenging the Province's right to withdraw their power to tax property, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-242-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-241-97 be amended by adding the following thereto: "and that a copy of the correspondence be forwarded to the Northumberland and Clarington Board of Education." "CARRIED" The foregoing Resolution #C-241-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-243-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the correspondence received from the Kidney Foundation of Canada, introducing the Kidney Car Program, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS 1-17 City of Oshawa re: Dismantling Region of Durham D02.GT 1- 18 Proposed New Development Charges Act F21.DE - 8 - April 14, 1997 Resolution #C-244-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the foregoing Resolution #C-243-97 be amended by adding the following thereto: "and referred to staff for consideration of the placement of advertisements in the local newspapers pertaining to the program, copied to the By-law Enforcement Division, copied to the Marketing and Tourism Officer for the information to be included in the Community Guide and a copy of the correspondence be forwarded to Harold Ransberry." "CARRIED" The foregoing Resolution #C-243-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-245-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the correspondence dated March 27, 1997, from Donald G. McKay, Town Clerk, Town of Whitby, regarding the Oshawa City Council resolution recommending the dismantling of the Regional Municipality of Durham, be received for information. "CARRIED" Resolution #C-246-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the News Release dated March 24, 1997, from the Ministry of Municipal Affairs and Housing entitled "Changes Proposed to New Development Charges Act", be received for information. Resolution #C-247-97 "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Moved by Councillor Scott, seconded by Councillor Pingle THAT the foregoing Resolution #C-246-97 be amended by adding the following thereto: "and referred to the Treasurer and the Director of Planning and Development for review of the financial implications to the Municipality of Clarington and submission of a report to the General Purpose and Administration Committee meeting scheduled for April 21, 1997." "CARRIED" . . . Council Minutes COMMUNICATIONS I - 21 Minutes of the Bowmanville Museum Board C12.BO 1-26 Minutes of the Animal Advisory Committee C12.AN D - 1 Durham Region Injured Workers Nevada Licence - 9 - April 14, 1997 The foregoing Resolution #C-246-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-248-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the minutes of a meeting of the Bowmanville Museum Board held on March 12, 1997, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-249-97 Moved by Councillor Novak, seconded by Councillor Pingle THAT the foregoing Resolution #C-248-97 be amended by adding the following thereto: "and that the Mayor forward a letter of appreciation on behalf of Council to Goodyear for their yearly grant to maintain the archives." "CARRIED" The foregoing Resolution #C-248-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-250-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the minutes of meetings of the Animal Advisory Committee held on January 9 and February 6, 1997, be received for information. "CARRIED" Resolution #C-251-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the Application to Manage and Conduct a Break Open Ticket Lottery submitted by Durham Region Injured Workers Inc. to conduct a Nevada lottery at the Donut Meister, 87 King Street East, Bowmanville, be received; THAT the application be approved provided the applicants comply with all provincial and municipal requirements; and THAT Maurice Williams and Ann Williams be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 4 Proclamation of Earth Week M02.GE D - 5 Proclamation of National Day of Mourning M02.GE D - 6 Proposed Zoning Change Newcastle Village D14.DEV.97-014 - 10 - April 14, 1997 Resolution #C-252-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated April 1, 1997 from Suzanne Elston, Volunteer Coordinator, Earth Day Canada regarding Earth Week, be received; THAT the week of April 21 to 27 be proclaimed "Earth Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Suzanne Elston be advised of Council's decision. "CARRIED" Resolution #C-253-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 12, 1997 from Wayne Shred, SecretaryfTreasurer, Durham Regional Labour Council regarding Day of Mourning, be received; THAT Sunday, April 28, 1997 be proclaimed "Day of Mourning" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Wayne Shred be advised of Council's decision. "CARRIED" Resolution #C-254-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence received from Edward Brown regarding the subdivision in the area of Clarke and Baldwin Streets, Newcastle (Planning File DEV 97-014), be received; THAT the correspondence be referred to the Director of Planning and Development for consideration in conjunction with the subject file; and THAT Edward Brown be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 9 Clean-up of Vacant Lot - Cedarcrest Beach P01.BY D-lO 1997 Governor General Awards M02.GE D-11 Proclamation of Peace Run Day M02.GE - 11 - April 14, 1997 Resolution #C-255-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated April 3, 1997 from residents of Cedarcrest Beach Road regarding the vacant lake access lot located beside 83 Cedarcrest Beach Road, be received; THAT the correspondence be referred to the Senior Municipal Law Enforcement Officer for review, in conjunction with the Director of Public Works, and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT K. DeHaas be advised of Council's decision. "CARRIED" Resolution #C-256-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 26, 1997 received from The Honourable Hedy Fry, Secretary of State (Status of Women), regarding the 1997 Governor General's Awards in Commemoration of the Persons Case, be received; THAT an advertisement be placed in the local newspapers to allow citizens to forward nominations directly to the Secretary of State; and THAT The Honourable Hedy Fry be advised of Council's decision. "CARRIED" Resolution #C-257-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence received from Mary-Anne Trusz, Coordinator, Ontario South Region, Peace Run regarding Peace Run '97, be received; THAT May 26, 1997 be proclaimed "Peace Run Day" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT the correspondence be referred to the Marketing and Tourism Officer; and THAT Mary-Anne Trusz be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 15 Tree Preservation By-law E04.GE D - 17 Weed Control Act L11.WE D - 18 Proposed Subdivision D12.18T-97002 - 12 - April 14, 1997 Resolution #C-258-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 24, 1997 from Ray and Wilma Martinell regarding the proposed tree by-law, be received; and THAT Ray and Wilma Martinell be advised of Council's decision pertaining to this matter and forwarded a copy of the Addendum to Report PD-31-97. "CARRIED" Resolution #C-259-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 25, 1997 from Mike Slocombe, Operations Technician, Municipal Weed Inspector, Regional Municipality of Durham regarding the Weed Control Act R.S.O. 1990, be received; THAT the Council of the Municipality of Clarington authorizes the publication of a public notice, regarding the destruction of weeds under the provision of the Weed Control Act, R.S.O. 1990, Chapter W.5 of the Province of Ontario and directs the Regional Weed inspectors to cause noxious weeds or weed seeds to be destroyed in such a manner as they may deem proper and that the expenses incurred by the said Weed Inspectors in the discharge of their duties shall be placed on the Collector's Roll of this municipality against the respective parcels concerned and that such amounts shall be collected in the same manner as taxes under the Municipal Act; and THAT a certified copy of the Notice to property owners and this resolution be forwarded to Mike Slocombe. "CARRIED" Resolution #C-260-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated April 4, 1997 from John Melmer regarding Planning File DEV 97-003, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject matter; and THAT John Melmer be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 20 Proclamation of Emergency Preparedness Week M02.GE D - 21 Propozed Zoning Change - Newcastle Village D14.DEY.97-014. D - 22 Fluoridation of Municipal Water S08.GE D - 23 Fluoridation of Municipal Water S08.GE - 13 - April 14, 1997 Resolution #C-261-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 26,1997 from Robert Runciman, Solicitor General and Minister of Correctional Services regarding Emergency Preparedness Week, be received; THAT the week of May 5 to 11, 1997 be proclaimed "National Emergency Preparedness Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Robert Runciman be advised of Council's decision. "CARRIED" Resolution #C-262-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 28, 1997 from Karen Smokorowski and Rob Green regarding Planning File DEV 97-014, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject matter; and THAT Karen Smokorowski and Rob Green be advised of Council's decision. "CARRIED" Resolution #C-263-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence received from Rev. Steve and Rev. Cheryl Thomson regarding fluoridation of municipal water supplies, be received; THAT the correspondence be referred to staff for review in conjunction with the subject matter; and THAT Rev. Steve and Rev. Cheryl Thomson be advised of Council's decision. "CARRIED" Resolution #C-264-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence received from the Canadian Dental Association Board of Governors regarding fluoridation of municipal water supplies, be received; and THAT the correspondence be referred to staff for review in conjunction with the subject matter. "CARRIED" Council Minutes COMMUNICATIONS D - 24 Bill C-87 Chemical Weapons L11.PR D - 25 Proposed Zoning Newcastle Village D14.DEV.97-014 . D - 27 Teletheatre Wagering Licence Kawartha Downs P09.GE . - 14 - April 14, 1997 Resolution #C-265-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 24, 1997 from the Department of Foreign Affairs and International Trade forwarding a "Domestic Declaration Form 1" for completion, be received; and THAT the correspondence be referred to staff for review and response. "CARRIED" Resolution #C-266-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated April 3, 1997 from Dave and Marlene Connolly regarding Planning File DEV 97-003, be received; THAT the correspondence be referred to the Director of Planning and Development to be considered in conjunction with the subject matter; and THAT Dave and Marlene Connolly be advised of Council's decision. "CARRIED" Resolution #C-267-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence received from Diane Wooldridge, Director of Wagering Systems, Kawartha Downs Raceway regarding an application to the Ontario Racing Commission to conduct teletheatre wagering at the J P Motel and Sportsbar, Newcastle, be received; THAT the Ontario Racing Commission be advised that the Municipality of Clarington has no objection to the issuance of a licence for teletheatre wagering at this location; and THAT Diane Wooldridge be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 7 Parking - Elford Drive, Bowmanville T02.GE D-13 Newcastle Arena Board Appointments C12.NE - 15 - April 14, 1997 Resolution #C-268-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 24, 1997 from Judy Hynes, Krista Hynes and Pierre Chabot regarding parking concerns in the Liberty Village area, be received; THAT the correspondence be referred to staff for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Judy Hynes, Krista Hynes and Pierre Chabot be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-269-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-268-97 be amended by changing the word "a" in the second paragraph to the word "the" and by adding the words "on parking in new developments" after the word "Committee" in the second paragraph. "CARRIED" The foregoing Resolution #C-268-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-270-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated April 7, 1997 from Beth Creighton, Chairperson, Newcastle Arena Board regarding appointments to the Board, be received; THAT the correspondence be referred to the Clerk for preparation of a by-law to provide for the Newcastle Arena Board appointments to be made in conjunction with the three-year term of the appointing Council; THAT the present Board's mandate be extended to November 30, 1997, concurrent with the term of Council; and THAT Beth Creighton be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 19 Fluoridation of Municipal Water S08.GE D - 2 Resolution re: Bill 103 C10.AD D - 3 Durham Regional Police Association Requesting Advertising M01.GE - 16 - April 14, 1997 Resolution #C-271-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated March 25, 1997 from Robert Kyle, Commissioner and Medical Officer of Health, Regional Municipality of Durham regarding fluoridation of municipal water supplies, be received; THAT the correspondence be referred to staff for review in conjunction with the subject matter; and THAT Robert Kyle be advised of Council's decision. "CARRIED" Resolution #C-272-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the correspondence received from Ron Maurice, Clerk, City of York, requesting endorsement of that Council's resolution expressing opposition to Bill 103 and urging the government to withdraw same and begin a consultative process with Metro area municipalities including public consultation to seek a government structure that meets the needs of the Greater Toronto Area and is acceptable to those participating in the process, be received; THAT the resolution be endorsed by the Council of the Municipality of Clarington; and THAT Ron Maurice, Clerk, City of York, be advised of Council's decision. "CARRIED" Resolution #C-273-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the correspondence received from Aaron Mayhew, Advertising Co-ordinator, Durham Regional Police Association, requesting the municipality to place an ad in the Community Crime Prevention Handbook, be received; THAT a 1/6 page at a cost of $250.00 be placed in the Crime Prevention Handbook, with the funds to be drawn from Account #7007-X-209; and THAT Aaron Mayhew be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 8 Resolution re: Bill 105 - Police Services ClO.AD D - 12 Ontario Hydro Attempt to Unseat London Hydro Commissioners C10.AD D - 14 Position Paper GTA Mayors and Regional Chairs Development Charges Act D02.GE D - 16 Public Health Funding F11.GE - 17 - April 14, 1997 Resolution #C-274-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated April 2, 1997, from Corinne Wendt, Clerk- Treasurer-Tax Collector, Town of Gananogue, requesting endorsement of a resolution pertaining to costing for Police Services being provided by Gananogue, be received; THAT the resolution be endorsed by the Council of the Municipality of Clarington; and THAT Corinne Wendt be advised of Council's decision. "CARRIED" Resolution #C-275-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated March 17, 1997, from D.J. Shewfelt, Mayor, Town of Goderich, regarding Ontario Hydro's Attempt to Unseat London Hydro Commissioners, be received for information. "CARRIED" Resolution #C-276-97 Moved by Councillor Elliott, seconded by Councillor Dreslinski THAT the Position Paper prepared by the GTA Mayors and Regional Chairs, with respect to Bill 98 (Development Charges 1996) be received; THAT the position put forth in the Position Paper be endorsed by the Council of the Municipality of Clarington; and THAT The Hon. Michael Harris, Premier of Ontario, The Hon. Al Leach, Minister of Municipal Affairs and Housing, Milt Farrow, Chairperson of the Standing Committee, John O'Toole, MPP, and Hazel McCallion, Chairperson, GTA Mayors and Chairs, be advised of Council's decision. "CARRIED" Resolution #C-277-97 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated April 3, 1997, from C.W. Lundy, Regional Clerk, Regional Municipality of Durham, with respect to Public Health Funding, be received; THAT the position of the Association of Local Public Health Agencies be endorsed; and . . . Council Minutes COMMUNICATIONS D - 26 Look TV's New Service A12.GE MOTION NOTICE OF MOTION - 18 - April 14, 1997 THAT The Hon. Michael Harris, Premier of Ontario, The Hon. J. Wilson, Minister of Health, The Hon. Al Leach, Minister of Municipal Affairs and Housing, The Hon. E. Eves, Minister of Finance, Mr. G. White, Executive Director, Association of Local Public Health Agencies and D. Raven, Executive Director, Association of Municipalities of Ontario, and C.W. Lundy, be advised of Council's decision. "CARRIED" Resolution #C-278-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the correspondence dated March 25, 1997, from Scott Colbran, President and Chief Operating Officer, Look TV, regarding new technology for television distribution to communities in South Ontario, be received; THAT a letter of support for Looks TV's application be forwarded to the CRT.C; and THAT Scott Colbran be advised of Council's decision. "CARRIED" COMMITTEE REPORTS Report #1 GP A Report of April 7, 1997 Item #16 St. Marys Cement Westside Marsh D03.GE Resolution #C-279-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of April 7, 1997, be approved with the exception of Items #16 and #18. "CARRIED" Resolution #C-280-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report ADMIN-11-97 be received; THAT Council extend its appreciation to the Honourable David Crombie and staff of the Waterfront Regeneration Trust for their past involvement in the Westside Marsh retention project; THAT the Honourable David Crombie and staff of the Waterfront Regeneration Trust be requested to continue in assisting St. Marys Cement in their efforts to negotiate lands from Ontario Hydro in order to accommodate the proposed project; . . . Council Minutes REPORTS - 19 - April 14, 1997 THAT Council advise the Honourable David Crombie and the Waterfront Regeneration Trust that Council will not take a position on relocating the stone crushing plant on the lands presently owned by Ontario Hydro Darlington Nuclear Generating Station until such time as a final decision has been made pertaining to the siting of the ITER Project; THAT Council authorize the payment of invoices from Totten Sims Hubicki for their work to date and that payment of such invoices be obtained from the Pits & Quarries Reserve Account #2900-00018-X; THAT Council direct staff to negotiate with St. Marys Cement regarding a financial package to cover the cost of the Cove Road project in order to deed Waverly Road to St. Marys Cement in exchange for the lands presently owned by St. Marys as identified in the Waterfront Regeneration Trust Report of November 1995; and THAT a copy of Report ADMIN-11-97 be forwarded to David Crombie, Waterfront Regeneration Trust and the Port Darlington Community Association. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-281-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-280-97 be amended by adding the following thereto: "THAT Council direct staff to include in its negotiations with St. Marys Cement, the transfer of industrial property at West Beach Road just north of Cove Road to the Municipality of Clarington; and THAT a copy of Addendum to Report ADMIN-11-97 be forwarded to Mr. David T. Ashcroft of the Port Darlington Community Association, The Honourable David Crombie of the Waterfront Regeneration Trust, and St. Marys Cement." "CARRIED" Resolution #C-282-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the foregoing Resolution #C-280-97 be amended by adding the words "the Municipality of Clarington and" following the words "continue in assisting" contained in the third paragraph. "MOTION LOST" Council Minutes REPORTS . - 20 - April 14, 1997 Resolution #C-283-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the foregoing Resolution #C-280-97 be amended by adding the following thereto: "THAT staff be directed to negotiate with St. Marys Cement in order to obtain an easement for the purpose of the building of a berm for the Cove Road area." "MOTION LOST" Resolution #C-284-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-280-97 be amended by adding the following thereto: "THAT the delegation of Leah Houston be acknowledged and her comments be forwarded to the Waterfront Regeneration Trust, the Port Darlington Community Association and the Chief Administrative Officer for information." "CARRIED" The foregoing Resolution #C-280-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-285-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT staff review and report to the General Purpose and Administration Committee on the possibility of negotiating an easement on Cove Road. "CARRIED" Resolution #C-286-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT the Chief Administrative Officer review and report on the possibility of negotiating an easement on the Ontario Hydro Corridor in order to build a berm, if necessary. "CARRIED" Council Minutes . REPORTS Item #18 Newcastle Lodge For Seniors L07.NE -- . - 21 - April 14, 1997 Resolution #C-287-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the recommendations contained in Confidential Report WD-22-97 be amended by adding the following thereto: "THAT payment be accepted from Newcastle Lodge for Seniors and Family Dwelling for the purchase of the surplus land, Part 1, identified in Confidential Report WD-22-97 in three equal instalments of $4,400 totalling $13,200; THAT the first instalment be received by December 1, 1997; THAT the land be conveyed and title transferred upon receipt of the final payment; THAT the transaction be recorded as a deferred revenue for the property; and THAT the Newcastle Lodge for Seniors and Family Dwelling be advised that no alteration of the site will be authorized until the municipality has received satisfactory documentation of the following: 1. Notification that the Municipality of Clarington is held harmless against any claim made in respect of the property; 2. Notification that the property is insured by the Newcastle Lodge for Seniors and Family Dwelling; and 3. Agreement in writing that any proposed changes to the site will be approved in writing by the appropriate department of the Municipality of Clarington." "CARRIED" The recommendations contained in Confidential Report WD-22-97 were then put to a vote and CARRIED AS AMENDED. Resolution #C-288-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT Confidential Report ADMIN-9-97 be received; and THAT the property at 53 King Street East, Bowmanville, be declared surplus. "CARRIED" . . . Council Minutes REPORTS Report #2 Appointment of Temporary Parking Enforcement Officer H03.GE Tree Prerservation By-law E04.GE - 22 - April 14, 1997 Resolution #C-289-97 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Report CD-18-97 be received; THAT the by-law attached to ReportCD-18-97 be passed; and THAT Julianna McKeegan be appointed as a Parking Enforcement Officer. "CARRIED" Resolution #C-290-97 Moved by Councillor Hannah, seconded by Councillor Pingle THAT Confidential Report ADMIN-13-97 and Confidential Report ADMIN-14-97, both dealing with property matters, be referred to the end of the agenda to be considered during a "closed" session of Council. Resolution #C-291-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report PD-31-97 be lifted from the table and received for information; THAT Addendum No.1 to Report PD-31-97 be received; THAT the Municipality of Clarington Woodlot Preservation By-law attached to Addendum to Report PD-31-97 be adopted; THAT staff be authorized to provide Public Notice of the adoption of the Woodlot Preservation By-law in appropriate newspapers; THAT staff be further authorized to initiate discussions with the Central Lake Ontario Conservation Authority regarding the appointment of authority staff as officers for the purposes of the Woodlot Preservation By-law; and THAT all interested parties listed in Addendum to Report PD-31-97 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-292-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the Confidential Verbal Report regarding a Property Matter, be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Council Minutes - 23 - April 14, 1997 . UNFINISHED BUSINESS Resolution #C-293-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the presentation of Dave Clark and Chris Bieber pertaining to Durham Utilities Restructuring Program, be received and referred to the General Purpose and Administration Committee meeting scheduled for April 21, 1997 for consideration; and THAT Dave Clark and Chris Bieber be advised of Council's decision. "CARRIED" Resolution #C-294-97 Moved by Councillor Hannah, seconded by Councillor Scott THAT the presentation of Barry James, Livestock Valuer, be received with appreciation; and THAT his comments be referred to staff for consideration during the preparation of the report pertaining to livestock claims. . "CARRIED" Resolution #C-295-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Douglas Markoff and Gail Krantzberg be referred to the end of the agenda to be considered during consideration of the Confidential Verbal Report. "CARRIED" Resolution #C-296-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the delegation of Maurice Nimigon be acknowledged with appreciation. "CARRIED" . Council Minutes . - 24 - April 14, 1997 UNFINISHED BUSINESS . . Resolution #C-297-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Jacqueline Lake and Dr. Campbell be acknowledged with appreciation; THAT staff be instructed to re-schedule the residents' meeting in order that it take place during an evening, after consultation with the proponent and area residents; and THAT Jacqueline Lake and Dr. Campbell be advised of Council's decision. "CARRIED" Resolution #C-298-97 Moved by Councillor Novak, seconded by Councillor Scott THAT the delegation of Don Welsh be acknowledged; and THAT a letter be forwarded to Mr. Welsh extending Council's appreciation for the time he spent reviewing the Woodlot Preservation By-law, on behalf of the Federation of Agriculture, with a copy of the letter being forwarded to the Federtation of Agriculture. "CARRIED" Resolution ;#C-299-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the meeting be "closed" for the purpose of discussing three property matters. "CARRIED" Resolution #C-300-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Minutes . BY-LAWS - 25 - April 14, 1997 Resolution #C-301-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws, and that the said by- laws be now read a first and second time: 97-35 97-67 97-68 97 -69 97-70 97-71 . 97 -72 being a by-law to prohibit or regulate the destruction of trees in the Municipality of Clarington; being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former Town of Newcastle (Donald Prins in Trust); being a by-law to amend By-law 95-104, the Parkland and Open Space Dedication By-law for the Corporation of the Municipality of Clarington; being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former Town of Newcastle (917859 Ontario Inc.); being a by-law to appoint a By-law Enforcement Officer; being a by-law to authorize the transfer of certain lands to the Regional Municipality of Durham (Order of Ontario Municipal Board); being a by-law to authorize entering into an agreement with Gay Family Partnership the owners of Plan of Subdivision 18T-88060, and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of Plan 18T-88060; and 97-73 being a by-law to authorize entering into an agreement with Green Martin Holdings Ltd., the owners of Plan of Subdivision 18T-90032 and any mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of Plan 18T-90032. Resolution #C-302-97 "CARRIED" Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 97-35 and 97-67 to 97-73 inclusive, be approved. . - "CARRIED" I . . " Council Minutes OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT - 26 - April 14, 1997 Resolution #C-303-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 97-74, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 14th day of April 1997, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-304-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 97-74 be approved. "CARRIED" Resolution #C-305-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the meeting adjourn at 10:52 p.m. "CARRIED" /Il<M/~d MAYOR ~~~~RK