Loading...
HomeMy WebLinkAbout10/27/1997 . . '. MUNICIPALITY OF CLARINGTON Council Minutes October 27, 1997 Minutes of a regular meeting of Council held on Monday, October 27, 1997, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana (Attended until 8:57 p.m.) Fire Chief, M. Creighton (Attended until 8:57 p.m.) Solicitor, D. Hefferon Treasurer, M. Marano (Attended until 8:57 p.m.) Director of Public Works, S. Vokes Director of Planning and Development, F. Wu (Attended until 8:57 p.m.) Clerk, P. Barrie DECLARATIONS OF INTEREST Councillor Dreslinski indicated that she would be making a declaration of interest with respect to Items 2. a) and 2. b) of Report #1. Councillor Novak indicated that she would be making a declaration of interest with respect to the delegations of Bernice Petryshyn and Joe Domitrovic as well as Item 1. a) of Report #1. MINUTES OF PREVIOUS MEETINGS Resolution #C-755-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the minutes of a special meeting of Council held on October 14, 1997, be approved. "CARRIED" . . '. Council Minutes MINUTES PUBLIC MEETING DELEGATIONS - 2 - October 27, 1997 Resolution #C-756-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the minutes of a regular meeting of Council held on October 14, 1997, be approved. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-757-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the minutes of the regular meeting of Council held on October 14, 1997, be corrected by replacing Resolution #C-739-97 with the following: "THAT the foregoing Resolution #C-737-97 be amended by adding the following: . "except for Block 160 which shall be approved for open space purposes" at the end of the second paragraph; and · the words "except for Block 160 which shall remain zoned as agriculture" following the word "approved" in the fourth paragraph "CARRIED" The foregoing Resolution #C-756-97 was then put to a vote and CARRIED AS AMENDED. A public meeting is being held for the purpose of passing a by-law to stop up, close and convey part of the Unopened Road Allowance Between Lots 2 and 3, Broken Front Concession, former Township of Darlington, Municipality of Clarington (Ridge Pine Park). No one was in attendance to address this matter. Ron Hooper, Chairman, Bowmanville Improvement Area, c/o 39 King Street West, Bowmanville, LIC lR2 provided Council with an update of activities undertaken by the BIA and thanked them and the municipal staff for the ongoing support of the various programs. . . . Council Minutes DELEGATIONS - 3 - October 27, 1997 Libby RacanskylFriends of Farewell, 3200 Hancock Road, Courtice, LIE 2Ml addressed Council with respect to fill which has been placed at 3242 Solina Road, Courtice. Mrs. Racansky indicated that any fill should have met the July 1996 guidelines for allowable levels of contaminants and requested Council's assistance in ensuring that the Ministry of Environment and Energy investigators review the data, assess the problems and suggest solutions to safeguard the groundwater resources and protect residents from the negative impacts of soil and water contamination. Don Welsh and Annabelle Sissons, Clarington Older Adults, c/o 4280 Mearns Avenue, Bowmanville, LIC 3K5 advised prior to the meeting that they would not be in attendance. Don Welsh, 4280 Mearns Avenue, Bowmanville, LIC 3K5 advised prior to the meeting that he would not be in attendance. Mavis Carlton, RR #2, Box 14, Group 2, Bowmanville, LlC 3K3 stated that she would address Council at the special meeting scheduled for November 3, 1997 with respect to Bowmanville Lakefront Issues. Glenda Gies, RR #2, Box 36, Group 2, Bowmanville, LlC 3K3 advised that she would not be addressing Council. Andrew Berk, 650 King Street East, Oshawa, LlH IG5 addressed Council in opposition to the recommendations contained in Item 9. of Report #1 (Staff Report PD-149-97). Mr. Berk indicated that the population of the Courtice area is increasingly rapidly and requires the inclusion of a gas station at this access point to Highway #401. He stated that the staff report fails to indicate that 66 local residents have indicated support for the application and the fact that the gas station which was located south of Highway #401 at Courtice Road no longer exists. Alan Berk, 650 King Street East, Oshawa, LIH IG5 advised that he would not be addressing Council. Bill Roth, 1500 Highway #2, Courtice, LlE 2T5 advised that he would not be addressing Council. Councillor Novak made a declaration of interest with respect to the delegations of Bernice Petryshyn and Joe Domitrovic, vacated her seat and refrained from discussion of the subject matter. Councillor Novak indicated that she resides in the immediate area of the property which is the subject of the Official Plan Amendment Application. Bernice Petryshyn, 1671 Taunton Road East, LIE 2L4 was called but was not in attendance. . . . Council Minutes DELEGATIONS - 4 - October 27, 1997 Joe Domitrovic, 3872 Courtice Road, Courtice, LIE 2L5 advised Council that he will be appealing Council's decision to deny his Official Plan Amendment Application to the Ontario Municipal Board. He believes that Staff Report PD-152-97 contains incorrect information in Sections 4.2, 7.1, 7.6, 7.7, 8.4, 8.6 and 8.7. Mr. Domitrovic circulated a petition containing approximately 2000 signatures in support of his application. Brenton Rickard, 507 Mill Street South, Newcastle, LlB lC2 advised that he would not be addressing Council. Robin Ibbotson-Rickard, 141 Mill Street North, Newcastle, LlB lC2 was called but was not present. Linda MacGregor, 40 Boulton Street, Newcastle, LIB lL9 reiterated her October 14, 1997 request to allow no further building south of the Coastal Road in the Port of Newcastle development. She is aware that this building has been approved for Phase 1 but stated that the present proposal does not meet the definition of "coastal villa" found in Phase 1. Jack Eilbeck, 626 Mill Street, Newcastle, LlB lCl reiterated the concerns he outlined to Council on October 14, 1997 with respect to the Port of Newcastle development and advised that he also has concerns related to the level of noise emanating from the property which was experienced by the area residents over the summer months. Patsy Scott, 514 Mill Street South, Newcastle, LIB lC2 was called but was not present. John Campbell, 250 Baldwin Street, Newcastle, LIB lCl addressed Council with respect to the Port of Newcastle development. He indicated his concern with the "hole-in-the-wall" access to the property, the possibility of the restrictions placed on the 250 room hotel being amended and the fact that stopping the issuance of building permits will not stop construction as the permits are issued for blocks of construction at one time. Erskine Duncan, 27 Boulton Street, Newcastle, LlB lL9 advised that he would not be addressing Council. Ron Webb, Kaitlin Group, 1209 McNicoll Avenue, Scarborough, MIW 3W6, advised Council that his client relied on the previous decision of Council in the approval of Phase 2 of the Port of Newcastle development and has made commitments to servicing and sales contracts. He stated that a municipality's credibility depends in large part on the dependability of it's decisions. Reconsidering approval of the development could jeopardize Kaitlin's commitments to the municipality. . . . Council Minutes DELEGATIONS RECESS - 5 - October 27, 1997 Resolution #C-758-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the order of the agenda be altered to deal with the delegations pertaining to the Port of Newcastle development at this time. "CARRIED" Mayor Hamre vacated the Chair. Councillor Scott assumed the Chair. Moved by Mayor Hamre, No Seconder THAT the Rules of Procedure be suspended in order to allow the introduction of a motion to reconsider the approval of the construction of the coastal villas in Phase 2 of the Port of Newcastle development. Mayor Hamre resumed the Chair. Resolution #C-759-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:18 p.m. Correspondence Items I - 24 and I - 25 were distributed to Council as handouts. Resolution #C-760-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 4, I - 5, I - 6, I - 11, I - 16, I - 19 and I - 23. "CARRIED" I - 1 Correspondence received from Jae Eadie, President, Federation of Canadian Municipalities - The Federation of Canadian Municipalities (FCM): Capacity and Value; I - 2 Correspondence received from a concerned citizen - Management of the Public Works Department; . . . Council Minutes COMMUNICATIONS - 6 - October 27, 1997 I - 3 Correspondence received from The Honourable Al Leach, Minister of Municipal Affairs and Housing - Getting Together, The Report of the Special Advisor on the Greater Toronto Services Board; I - 7 Minutes of a meeting of the Newcastle Community Hall Board held on September 15, 1997; I - 8 Minutes of a meeting of the Bowmanville Museum Board held on September 10, 1997; 1-9 Correspondence received from Frank Hoar, Secretary, Newcastle Ratepayers' Association - Letter of Appreciation - Beaver Street, Newcastle; I - 10 Correspondence received from Cathy Abraham, Chairperson, Newcastle Community Hall Board - Addition of Bar in the Newcastle Community Hall; I - 12 Minutes of meetings of the Local Architectural Conservation Advisory Committee held on September 9 and September 16, 1997; I - 13 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on October 7, 1997; I - 14 Correspondence received from Christine Dodds, Assistant City Clerk, City of Toronto - Catching Your Breach - Partnerships for Clean Air; I - 15 Correspondence received from Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation Authority - Nominations for Kawartha Conservationist Award; I - 17 Correspondence received from Hazel McCallion, Mayor, City of Mississauga - Downloading and Pooling of Social Services Costs; 1- 18 Resolution received from the GTA Mayors and Regional Chairs Committee Meeting held on Friday, October 17, 1997 re: Who Does What; I - 20 News Release received from the Ministry of Municipal Affairs and Housing entitled "Leach Accepts Social Housing Recommendations"; I - 21 Correspondence received from Bruce Taylor, Town Clerk, Town of Pickering - New Parcel Mapping for the Town of Pickering; 1-22 Interim Report received from the Transition Team entitled "New City, New Opportunities"; I - 24 Correspondence received from the Kawartha Conservation Authority - Notice of Upcoming Events; and . . . Council Minutes COMMUNICATIONS 1-4 1-5 1-6 Certified Municipal Managers M04.GE 1- 11 Resolution re: White Ribbon Campaign ClO.AD I - 16 Clarington Public Library - Provincial Grants Fl1.PR - 7 - October 27, 1997 I - 25 Press Release received regarding Durham Region Festival of Trees to be held on November 28 and 29, 1997, at the Parkwood Estate. Resolution #C-761-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence received from Mike Brown, President, The Ontario Municipal Management Institute regarding the achievement of the Certified Municipal Manager II Designation by Michael Creighton, Fire Chief, William Hesson, Deputy Fire Chief and Gord Weir, Captain/Training Officer, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-762-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-761-97 be amended by adding the following thereto: "and that a letter of congratulations be forwarded to these individuals from Mayor Hamre and the Members of CounciL" "CARRIED" The foregoing Resolution #C-761-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-763-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated October 1, 1997, from R. Walton, Metropolitan Clerk, Municipality of Metropolitan Toronto, regarding the White Ribbon Campaign, be received for information. "CARRIED" Resolution #C-764-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated October 20, 1997, from Cynthia Mearns, Library Director, Clarington Public Library, regarding Provincial Grants, be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 19 Proposed Water Pollution Control Plant E08.GE 1-23 Soline Road Site E05.GE D - 1 Rezoning and Site Plan W'E. Roth Construction D14.DEV.94-054 - 8 - October 27, 1997 Resolution #C-765-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated October 15, 1997, from Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, regarding the proposed water pollution control plant, be received for information. "CARRIED" Resolution #C-766-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated October 14, 1997, from R. Shaw, Regional Director (Acting), Ministry of Environment and Energy, regarding the Lombardo Property at 3242 Solina Road, Courtice, Municipality of Clarington, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-767-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT the foregoing Resolution #C-766-97 be amended by adding the following thereto: "and referred to staff for review and preparation of a report containing recommendations to the MOEE in order to prevent a similar situation from happening in the future." "CARRIED" The foregoing Resolution #C-766-97 was then put to a vote and CARRIED AS AMENDED. Correspondence Item D - 17 was distributed to Council as a handout. Resolution #C-768-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the items of correspondence received from residents in the area of the rezoning and site plan application submitted by Alan Berk on behalf of W.E. Roth Construction Limited to permit a gas bar and ancillary kiosk in Part Lot 28, Concession 2, Former Township of Darlington, be received; and THAT the residents be advised of Council's decision in this matter. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 2 Proposed OPA and Rezoning Lishman D14.DEV.97-058 D - 3 Orono Forestry Property D05.GE D - 4 Proposed OP A and Rezoning Ridge Pine Park D - 5 Townline Road North Drainage of Property PO 1. By - 9 - October 27, 1997 Resolution #C-769-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 10, 1997 from Jeffrey Davies, Davies Howe Partners regarding the Official Plan and Zoning Amendment Application submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for consideration in conjunction with the subject file; and THAT Jeffrey Davies be advised of Council's decision. "CARRIED" Resolution #C- 770-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 8, 1997, from Carol Mostert regarding the Orono Forestry property, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Carol Mostert be advised of Council's decision. "CARRIED" Resolution #C-771-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 17, 1997 from F.R. Ufton regarding the Proposed Official Plan Amendment and Zoning By-law Amendment submitted by Ridge Pine Park Inc. for Part Lots 2 and 3, Broken Front Concession, Former Township of Darlington, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT F.R. Ufton be advised of Council's decision. "CARRIED" Resolution #C-772-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Victor and Annette White regarding concerns with drainage on their property, be received; . . . Council Minutes COMMUNICATIONS D - 6 Proposed OP A and Rezoning Lishman D14.DEV.97-058 D-lO Poppy Day M02.GE D - 12 Proclamation of World AIDS Day M02.GE - 10 - October 27, 1997 THAT the correspondence be referred to the Director of Public Works and the Senior Municipal Law Enforcement Officer for review and appropriate action; and THAT Victor and Annette White be advised of Council's decision. "CARRIED" Resolution #C-773-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 1, 1997 from Ronald Johnson expressing opposition to the Official Plan and Zoning By-law Amendment submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Director of Planning and Development for appropriate action; and THAT Ronald Johnson be advised of Council's decision. "CARRIED" Resolution #C-774-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 10, 1997 from Cecile Bowers, Secretary, Branch 178, The Royal Canadian Legion, regarding the Poppy Campaign, be received; THAT permission be granted to The Royal Canadian Legion to distribute their poppies between November 1 and November 11, 1997 throughout the Municipality; THAT permission be granted to The Royal Canadian Legion to fly their Poppy Flag at the Town Square; and THAT Cecile Bowers be advised of Council's decision. "CARRIED" Resolution #C-775-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 17, 1997, from Gerald Dafoe, Executive Director, Canadian Public Health Association, requesting proclamation of World AIDS Day, be received; . . . Council Minutes COMMUNICATIONS D - 14 Concerns re: Unsafe Streets P01.BY D - 16 Proclamation of Crimes toppers Month M02.GE D - 17 Proclamation of Veterans' Week M02.GE - 11 - October 27, 1997 THAT December 1,1997 be proclaimed "World AIDS Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Gerald Dafoe be advised of Council's decision. "CARRIED" Resolution #C-776-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated September 25, 1997 from Karen Thompson regarding unsafe streets in the municipality, be received; THAT the correspondence be forwarded to the Durham Regional Police Department for appropriate action; and THAT Karen Thompson be advised of Council's decision. "CARRIED" Resolution #C-777-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated October 16, 1997 from Sgt. Kevin Slaney, Coordinator, Durham Regional Crime Stoppers, requesting proclamation of Crime Stoppers Month, be received; THAT the month of January 1998 be proclaimed "Crime Stoppers Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Sgt. Kevin Slaney be advised of Council's decision. "CARRIED" Resolution #C- 778-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Fred J. Mifflin, Minister of Veterans Affairs, requesting proclamation of Veterans' Week, be received; THAT the week of November 5 to 11, 1997, be proclaimed "Veterans Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Fred J. Mifflin be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D -7 Resolution re: GTA Pooling ClO.AD D - 8 Resolution re: GTA Pooling ClO.AD D - 9 Transfer of Ambulance Services Resolution ClO.AD D-11 National Unity Municipalities M02.GE - 12 - October 27, 1997 Resolution #C- 779-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence dated September 29, 1997, from Marjory Morden, Clerk, Town of Caledon, requesting endorsement of a resolution regarding GTA Pooling, be received; THAT the Municipality of Clarington endorse the resolution of the Town of Caledon; and THAT the Minister of Municipal Affairs and Housing, Area M.P.P.s and Marjory Morden be advised of Council's decision. "CARRIED" Resolution #C-780-97 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the correspondence dated October 16, 1997, from J.D. Leach, City Clerk, City of Vaughan, requesting endorsement of a resolution regarding property tax pooling in the GTA, be received; THAT the Municipality of Clarington endorse the resolution of the City of Vaughan; and THAT John O'Toole, M.P.P. and J.D. Leach be advised of Council's decision. "CARRIED" Resolution #C-781-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated October 9, 1997, from Sandra Kranc, Manager of Support Services, City of Oshawa, regarding the tansfer of responsibility for ambulance service by the Provincial Government, be received for information. "CARRIED" Resolution #C-782-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated October 1, 1997, from Inky Mark, M.P. (Dauphin-Swan River), Deputy Critic, regarding Canada's National Unity, be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D-13 Resolution re: Downloading ClO.AD D - 15 The Fair Municipal Finance Act Ll1.PR MOTION NOTICE OF MOTION - 13 - October 27, 1997 Resolution #C-783-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated October 15, 1997, from Ronald R. Shaw, City Clerk-Administrator, City of Stratford, requesting endorsement of a resolution regarding Provincial Downloading, be received; THAT the Municipality of Clarington endorse the resolution of the City of Stratford; and THAT Premier Harris and Ronald R. Shaw be advised of Council's decision. "CARRIED" Resolution #C- 784-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the correspondence received from Kelvin Whalen, Chair, Durham Chapter, Urban Development Institute/ Ontario, regarding The Fair Municipal Finance Act (Bill 149 Part 2) - Assessment of Farmlands Pending Development, be received; THAT the correspondence be referred to the Treasurer for review and report; and THAT Kelvin Whalen be advised of Council's decision. "CARRIED" COMMITTEE REPORTS Resolution #C-785-97 Report #1 GP A Report of October 20, 1997 REPORTS Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of October 20, 1997, be approved with the exception of Items 1. a), 2. a) and 2. b). "CARRIED" Councillor Novak made a declaration of interest with respect to Item l.a) (Report PD-152-97); vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in the immediate area of the property which is the subject of the Official Plan Amendment Application. . . . Council Minutes REPORTS Item 1. a) Official Plan Amendment Domitrovic Item 2. a) CL97-22 - Darlington Soccer Field Lighting F18.QU - 14 - October 27, 1997 Resolution #C-786-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT Report PD-152-97 be tabled to allow staff an opportunity to confer with the applicant and bring back a further report addressing those sections of the report which are being questioned. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Declaration of Interest Councillor Elliott Councillor Hannah Councillor Pingle Mayor Hamre Councillor Dreslinski Councillor Scott Councillor Novak Councillor Dreslinski made a declaration of interest with respect to Items 2. a) and 2. b) (Report TR-94-97 and Report TR-96-97); vacated her chair and refrained from discussion and voting on the subject matter. Councillor Dreslinski indicated that her son is employed by one of the tenderers. Resolution #C-787-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report TR-94-97 be received; THAT Langley Utilities Contracting Limited, Bowmanville; Ontario, with a bid in the amount of $121,300.00 plus GST, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-22, be awarded the contract for Darlington Soccer Field Lighting; THAT the total project cost detailed in a letter from Totten Sims Hubicki Associates, marked Schedule "C" attached to Report TR-94-97, estimated at $200,100.00, including construction, final design, contract administration, Ontario Hydro Facilities, contingencies and G.S.T., be drawn from the Public Works 1995 Capital Budget Carryover Account 1110-196-0000; and THAT the by-law attached to Report TR-94-97, marked as Schedule "A", authorizing the Mayor and Clerk to execute the necessary agreement, be approved, FORTHWITH. "CARRIED" . . . Council Minutes REPORTS Item 2. b) CL97-19 - Various Street Lighting Improvements F18.QU Report #2 Subdivision Agreement - Redesco Plan 10M-822 - 15 - October 27, 1997 Resolution #C-788-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report TR-96-97 be received; THAT Ron Robinson Limited, Oshawa, Ontario, with a bid in the amount of $162,048.34, including GST, being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL97-19, be awarded the contract for Decorative Lighting at various locations; THAT funds in the amount of $95,000.00, Part "A" and Part "E" (total project cost $188,900.00 including contract administration, Ontario Hydro, Contingencies, less Part "D") be drawn from Public Works 1997 Capital Account 7230-00210-0000; THAT funds in the amount of $41,900.00, Part "B" be drawn from Public Works 1997 Capital Account 7205-01001-0261 - Uptown Avenue; THAT funds in the amount of $33,300, Part "C" be drawn from Public Works 1996 Carry-over Capital Account 7205-96001-0261 - Green Road; THAT the additional funds required for Part "A" - Highway #2 West Bowmanville and Part "E" - Courtice Road - Nash Road southerly to Stagemaster Crescent, in the amount of $18,700.00 be drawn from the Public Works Development Charge Reserve Fund Account 1100-00184-0000 in the amount of $15,988.50 and the amount of $2,711.50 be dawn from the Public Works Lot Levy Reserve Fund Account 1110-00157-0000 or tax levy as appropriate; THAT Part "D", Peter's Pike Walkway Lighting be included in the award with funds in the amount of $10,000 to be drawn from the approved 1997 budget account 7230-00210-0000, and the additional funds of $11,900 to be funded from the Public Works Lot Levy Reserve Fund, Account 1110-00157-0000, or tax levy as appropriate; and THAT the by-law attached to Report TR-96-97 marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved FORTHWITH. "CARRIED" Resolution #C- 789-97 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the municipality acquire the storm sewer easement from Gregory and Tracey Soyka for the purchase price of $7,800.00 on the terms set out in the letter from Dennis C. Hefferon to the Soykas (Attachment No.2 to the letter); THAT the municipality settle the claims of D.G. Biddle & Associates Limited and Ron Robinson Limited by payment to each in the amount of $1,500 in exchange for a release of those claims; . . . Council Minutes REPORTS Report #3 Hydro Easement Hetherington/Quinn L07.0N Report #4 Co-Operative Request for Proposal RFP97-9 Direct Purchase of Natural Gas L04.CO Report #5 Who Does What Impact - Provincial Announcements L11.PR - 16 - October 27, 1997 THAT the amounts required to purchase the storm sewer easement, settle the claims and pay for all related appraisal and legal costs be appropriated from the Performance Guarantee deposited with the Municipality's Treasurer by Redesco Inc., to secure its obligations under the subdivision agreement and oversizing collections made by the municipality pursuant to the Subdivision agreement; and THAT after acquisition of the storm sewer easement and payment of the costs referred to above, the balance of the Performance Guarantee and oversizing collection be paid to the Sheriff of York Region to satisfy the requirements of the Notice of Garnishment. "CARRIED" Resolution #C-790-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report ADMIN-48-97 be received for information; and THAT Council request the Region of Durham to give consideration to waiving the procedural by-law and allowing a single fee for the transfer of the former Hydro Easement in question. "CARRIED" Resolution #C-791-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report TR-100-97 be received; THAT the Chief Administrative Officer and the Treasurer be authorized to enter into an agreement for the Direct Purchase of Natural Gas, with the most responsive bidder meeting all terms and conditions of RFP97-9, and in accordance with any future recommendation of the Durham Purchasing Co-operative Group; and THAT the by-law attached to Report TR-100-97 authorizing the Mayor and Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #C-792-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report TR-99-97 be received for information; THAT the Minister of Municipal Affairs and Housing be provided a copy of Report TR-99-97 and be advised that the Municipality of Clarington objects to the lack of detailed information and the uncertainty of the numbers and formulae identified in the document titled Who Does What - Budget Planning Worksheets released on October 6, 1997; and . . . Council Minutes REPORTS Report #6 Parking Enforcement on Private Property T03.GE Report #7 Blue Circle T09.BL Report #8 Proposed Transfer Station L07.0N - 17 - October 27, 1997 THAT M.P.P., John O'Toole and the Commissioner of Finance, Region of Durham, be provided with a copy of Report TR-99-97. "CARRIED" Resolution #C-793-97 Moved by Councillor Pingle, seconded by Councillor Elliott THAT Report CD-45-97 be received; THAT the four security officers listed on the letter from Group 4 c.P.S. be appointed as By-law Enforcement Officers for the sole purpose of enforcing the provisions of the Traffic By-law on the private property at 2800 Courtice Road; THAT the by-law attached to Report CD-45-97 appointing these people be forwarded to Council for approval; and THAT Helen Roussy and Group 4 c.P.S. Limited, be advised of Council's decision. "CARRIED" W.H. Stockwell, Chief Administrative Officer, presented a verbal report regarding Principles of Understanding between Blue Circle Canada Inc., and the Municipality of Clarington on the implementation of the recommendations of the Waterfront Regeneration Trust Report on the Westside Marsh. He advised that the negotiating teams have now struck an agreement which will be presented to Council at the special meeting scheduled to be held on November 3, 1997, at 9:00 a.m. Resolution #C-794-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the verbal report of the Chief Administrative Officer pertaining to Blue Circle Canada Inc. negotiations, be received. "CARRIED" Resolution #C- 795-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Addendum to Report WD-67-97 be received; THAT a by-law be passed authorizing the Mayor and Clerk to execute the purchase and sale with Ontario Realty Corporation of the land and premises described as follows: . . . Council Minutes REPORTS Report #9 Older Adults Centre AI0.0L Report #10 Tender CL97-27 Garnet Rickard Complex Twin Pad F18.QU - 18 - October 27, 1997 Part of Lot 1, Broken Front Concession, in the Municipality of Clarington, (former Township of Darlington), in the Regional Municipality of Durham, consisting of approximately 13.097 acres and being more particularly described in Attachment No.2 to Report WD-67-97, Agreement of Purchase and Sale; THAT by-laws be passed to authorize the Mayor and Clerk to execute an operating agreement, lease and amendment to the Collection Agreement with Canadian Waste, giving effect to the intent of the Addendum to Report WD-67-97, following a completion of the purchase from Ontario Realty Corporation; and THAT, if an Official Plan Amendment and a Rezoning are deemed necessary by the Director of Planning and Development, staff be authorized to initiate site specific amendments to the Official Plan and the Rezoning By-law to permit the acceptance of non-Clarington sourced residential and IndustriaVCommerciaV Institutional (ICI) waste at the proposed transfer station. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Mayor Hamre Councillor Scott Resolution #C-796-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report ADMIN-49-97 be referred to the Council meeting scheduled to be held on November 3, 1997. "CARRIED" Resolution #C-797-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report TR-101-97 be received; THAT Peak Engineering & Construction Ltd., Brighton, Ontario, with a total bid in the amount of $4,025,925.00 (as negotiated) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-27, be awarded the contract for the construction of the expansion of the Garnet B. Rickard Recreation Complex; . . . Council Minutes REPORTS Report #11 Confidential Legal Matter - 19 - October 27, 1997 THAT funds required in the amount of $4,075,000.00 be drawn from the 1997 approved Garnet B. Rickard Recreation Complex ConstructionlRenovation Capital Budget Account #7606-00003-0501, and as revised in accordance with Schedule "A" attached to Report TR-101-97; THAT the additional funds required in an approximate amount of $361,000.00 (tender bid price of $4,556,000.00 negotiated to $4,025,925.00, plus $200,000.00 contingencies, plus $218,000.00 design and contract administration less $4,075,000.00 budget allocation) be drawn from the ImpactlEscrow Reserve Fund Account #5001-00050-0000; and THAT the by-law attached to Report TR-101-97 and marked as Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement, be approved. "CARRIED" Resolution #C- 798-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the Confidential Report of the Solicitor be referred to the end of the agenda to be discussed during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Draft Plan of Condominium W.E. Roth D07.18CDM-97005. Resolution #C-799-97 Moved by Councillor Scott, seconded by Councillor Novak THAT Report PD-151-97 be lifted from the table. "CARRIED" Resolution #C-800-97 Moved by Councillor Scott, seconded by Councillor Pingle THAT Report PD-151-97 be received; THAT the Region of Durham Planning Department be advised that the Municipality of Clarington has no objections to the approval of the Draft Plan of Condominium 18CDM-97005 as submitted by W.E. Roth Construction Limited and Edlup Holdings Limited, subject to the applicant complying with the terms and provisions of the Development Agreement registered on title under Instrument Number 156682; and THAT the interested parties listed in Report PD-151-97 and any delegation be advised of Council's decision. "CARRIED" . . . Council Minutes - 20 - October 27, 1997 UNFINISHED BUSINESS Resolution #C-801-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the delegation of Ron Hooper be acknowledged with appreciation and a copy of his presentation be circulated to staff. "CARRIED" Resolution #C-802-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT the delegation of Libby Racansky be acknowledged and a copy of her presentation be circulated to staff for review and preparation of a report. "CARRIED" Resolution #C-803-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the delegation of Mavis Carlton be acknowledged and she be advised of Council's decision. "CARRIED" Councillor Novak made a declaration of interest with respect to the delegation of Joe Domitrovic, vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the immediate area of the property which is the subject of the Official Plan Amendment. Resolution #C-804-97 Moved by Councillor Pingle, seconded by Councillor Hannah THAT the delegation of Joe Domitrovic be acknowledged and he be advised of Council's decision. "CARRIED" Resolution #C-805-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegations of Linda MacGregor, Jack Eilbeck, John Campbell and Ron Webb, be acknowledged and they be advised of Council's decision. "CARRIED" . . . Council Minutes BY-LAWS - 21 - October 27, 1997 Resolution #C-806-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 97-223 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc.); 97-224 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Green- Martin Holdings Ltd.); 97-225 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (290572 Ontario Ltd.); 97-226 being a by-law to adopt Amendment Number 3 to the Clarington Official Plan; 97-228 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and B.N. Fenton Construction Ltd., Courtice, Ontario, for the Foster Creek Culvert Extension, Robert Street, Newcastle; 97-230 being a by-law to repeal certain appointment by-laws; 97-231 being a by-law to authorize the execution of an agreement of Purchase and Sale between the Corporation of the Municipality of Clarington and Her Majesty the Queen, in right of Ontario, as represented by the Chair of the Management Board of Cabinet; 97-232 being a by-law to change the name of Dyke Place, Plan 40M-1691, to Bluehaven Court and to repeal By-law 97-179; 97-233 being a by-law to open and dedicate an extension of Brownsville Road between Lots 18 & 19, Concession 1, former Township of Clarke, Municipality of Clarington, subject to a Site Plan Agreement with Imperial Oil; 97-234 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, Broken Front Concession, former Township of Darlington (Ridge Pine Park); 97-235 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-91012 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-91012; 97-236 being a by-law to appoint certain persons as Parking Enforcement Officers for 2800 Courtice Road, Courtice; . . . Council Minutes BY-LAWS - 22 - October 27, 1997 97-237 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and the most responsible bidder, meeting all terms and conditions of RFP97-9, and in accordance with any future recommendation of the Durham Purchasing Co-operative Group, for the Direct Purchase of Natural Gas; 97-238 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Peak Engineering & Construction Ltd., Brighton, Ontario, for the construction of the twin pad expansion at the Garnet B. Rickard Recreation Complex; and 97-239 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle and that By-law 97-156 be repealed. "CARRIED" Councillor Dreslinski made a declaration of interest earlier in the meeting and refrained from discussion and voting on By-laws 97-227 and 97-229. Resolution #C-807 -97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 97-227 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Langley Utilities Contracting Limited, Bowmanville, Ontario, for the Darlington Soccer Field Lighting; and 97-229 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Oshawa, Ontario, for various street lighting improvements. "CARRIED" Resolution #C-808-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and final reading of By-laws 97-223 to 97-239 inclusive, be approved. "CARRIED" . . . Council Minutes OTHER BUSINESS - 23 - October 27, 1997 Resolution #C-809-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting schedule be amended by cancelling the General Purpose and Administration Committee meeting scheduled for November 17, 1997, and the Council meeting scheduled for November 24, 1997. "CARRIED" Resolution #C-81O-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT the Regional Update and the Boards/Committees Update be referred to a future meeting. "CARRIED" Resolution #C-811-97 Moved by Councillor Scott, seconded by Councillor Novak THAT a letter be forwarded to the Minister of Municipal Affairs and Housing expressing concern over the lack of Provincial Funding for public libraries. "CARRIED" Resolution #C-812-97 Moved by Councillor Pingle, seconded by Councillor Novak THAT the meeting be "closed". "CARRIED" Resolution #C-813-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" . . . Council Minutes OTHER BUSINESS CONFIRMING BY-LAW - 24 - October 27, 1997 Resolution #C-814-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce By-law 97-240, being a by-law to authorize the execution of a Memorandum of Understanding between the Corporation of the Municipality of Clarington and North Lake Estates Inc., Sylvan Estates Inc., Bennett Developments Inc., and the Northumberland-Clarington Board of Education and to repeal By-law 97-177 and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-815-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and final reading of By-law 97-240 be approved. "CARRIED" Councillors Dreslinski and Novak made declarations of interest earlier in the meeting and refrained from voting and discussion on the Confirming By-law. "CARRIED" Resolution #C-816-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce By-law 97-241, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of October 1997, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-817-97 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and final reading of By-law 97-241 be approved. "CARRIED" . . . Council Minutes ADJOURNMENT - 25 - Resolution #C-818-97 October 27, 1997 Moved by Councillor Novak, seconded by Councillor Scott THAT the meeting adjourn at 9:00 p.m. "CARRIED" /ff~~~/ MAYOR