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HomeMy WebLinkAbout12/15/1997 . . . MUNICIPALITY OF CLARINGTON Council Minutes December 15, 1997 Minutes of a regular meeting of Council held on Monday, December 15,1997, at 7:00 p.m., in the Council Chambers PRAYERS Councillor ScheU led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana (Attended Until 8:50 p.m.) Fire Chief, M. Creighton (Attended Until 8:50 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes (Attended Until 8:50 p.m.) Director of Planning and Development, F. Wu (Attended Until 8:50 p.m.) Clerk, P. Barrie DECLARATIONS OF INTEREST Councillor Novak indicated that she would be making a declaration of interest with respect to Correspondence Items D - 1 and D - 9 and Item 1 a) of Report #1. . Councillor Schell indicated that he would be making a declaration of interest with respect to the adoption of the minutes of November 3, 1997 as well as By-laws 97-268 and 97-269. MINUTES OF PREVIOUS MEETINGS Resolution #C-843-97 Moved by Councillor Trim, seconded by Councillor Rowe THAT the minutes of a regular meeting of Council held on November 3, 1997, be approved. "CARRIED" Resolution #C-844-97 Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of the Inaugural meeting of Council held on December 1, 1997, be approved. "CARRIED" . . . Council Minutes PUBLIC MEETING PRESENTATION DELEGATIONS - 2 - December 15,1997 Mayor Hamre announced that 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 in Lot 27, Concession 1, former Village of Newcastle, Municipality of Clarington. No one addressed Council with respect to this matter. Mayor Hamre presented Alyson and Christopher Dupuis with a Certificate and Plaque in recognition of the work that they accomplished during Beautify Bowmanville Clean-Up Day, an idea which they approached the Mayor about in the fall of 1997. Alyson and Christopher presented to Mayor Hamre and Members of Council, a Citation of Merit for the outstanding contribution to the people and environment of Bowmanville through Council's support of Waste Reduction Week. Sandy Archibald, 6275 Liberty Street North, Bowmanville, LlC 3K6, thanked Members of Council for their support of the Durham Countryside Adventure which took place on September 13 and 14. She indicated that next year the Durham Countryside Adventure will include the Scugog area as well as Clarington. Mrs. Archibald presented to Mayor Hamre a token of appreciation from the committee. Viv Woolford, 18 Hooper Square, Bowmanville, LIC 4X7, welcomed the new Members of Council and indicated that the residents and the Council Members must all work together in order to make Clarington a better place to live and work. Mario Veltri, 1038 Pinetree Court, Oshawa, LlK IP4, requested that his son Frank be allowed to address Council prior to his delegation. Frank Veltri, Med-Tri Developments, 1797 Townline Road North, Oshawa, LlH 8L7, addressed Council with respect to Report PD-164-97. Mr. Veltri indicated that in 1994 an application before the Committee of Adjustment was granted with the provision that no more applications would come forth pertaining to the same subdivision. Following approval of the Committee of Adjustment's decision, the land deal on the subject lot fell through and Mr. Veltri did not follow through with the original amendment. He, therefore, requested that Council not appeal the decision of the Committee of Adjustment with respect to Application A97/073 and A97/074 in light of the 1994 actions. Mario Veltri, 1038 Pinetree Court, Oshawa, LIK IP4, addressed Council with respect to Report PD-164-97. He advised Council that in approving the Committee of Adjustment decisions, a nice variety of homes will be able to be built on Borland Court. Mrs. H. Witzke and Harold Witzke, 1621 Pebblestone Road, Bowmanville, LIC 3K4, advised prior to the meeting that they would not be in attendance at this meeting. . . . Council Minutes DELEGATIONS COMMUNICATIONS - 3 - December 15, 1997 Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, was called but was not present. Todd Hoffman, Chairman, Animal Advisory Committee, was present to provide an update on the activities of the Animal Advisory Committee. He indicated that in the 12 months of operation, the Committee has developed a mission statement, created an animal advisory logo, set up sub-committees, had an open house at the site of the new animal shelter, held Clarington Animal Day at the Bowmanville Zoo, arranged for a discount partnership with many local veterinarians for a spay/neuter program, responded to various inquiries and concerns raised by individuals in the municipality regarding animal control issues, received donations from fundraising projects operated by several local businesses for the benefit of the animal shelter, and participated in Applefest with an information booth and sale of t-shirts. He requested that Council extend the mandate of the committee for the term of Council as many projects have been planned for 1998, i.e., Clarington Animal Day at the Bowmanville Zoo, series of brochures on pet care and training, fundraising project in conjunction with Jungle Cat World, in-school safety and educational programs, development of proposal regarding comprehensive animal care and control by-law, ongoing involvement in the construction of the animal shelter and further enhancement of the present spay/neuter program. Resolution #C-845-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the communications to be received for information be approved with the exception of Items I - 2, I - 12, I - 17, I - 18, I - 35 and I - 36. "CARRIED" I - 1 Correspondence received from RA. Simm, Senior Project Manager, Totten Sims Hubicki Associates - Class Environmental Assessment for Additional Water Pollution Control Plant Capacity for Whitby, Oshawa and Clarington (Courtice) Phase I and 2 Report - Draft TSH Project No. 52-20644; I - 3 News Release received from the Department of Justice entitled "Minister of Justice Tables Second Set of Firearms Regulations"; I - 4 Minutes of a meeting of the Clarke Museum & Archives held on November 4, 1997; 1-5 Correspondence received from Jae Eadie, President, Federation of Canadian Municipalities - Team Canada Mission to Latin America; 1-6 News Release received from the Atomic Energy Control Board entitled "AECB Publishes Recent Radiation Doses From Darlington and Pickering Nuclear Stations"; .... . . . Council Minutes COMMUNICATIONS - 4 - December 15, 1997 I - 7 Minutes of a meeting of the Solina Community Centre Board held on November 24, 1997; I - 8 Correspondence received from Mayor Hazel McCallion, City of Mississauga - Resolutions Approved at the GTA Mayors & Regional Chairs Committee meeting held on November 21, 1997; I - 9 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Policy for Parcel Mapping Cooperative Efforts and Request from the Municipality of Clarington; 1- 10 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham - Application for a Certificate of Approval (A680266) for a Waste Disposal Site Under Part V of the Environmental Protection Act by the Municipality of Clarington; I - 11 Member Communication received from the Association of Municipalities of Ontario entitled "AMO Comments on Education Financing Components of Bill 160"; I - 13 Press Release received from Faith United & Clarington Youth Council entitled "New Teen Drop In Centre For Courtice"; 1- 14 Correspondence received from Tony Clement, M.P.P., Brampton South - GTSB/GT A Options for the Municipality of Clarington; I - 15 Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on October 21, 1997; I - 16 Newsletter received from the Federation of Canadian Municipalities entitled "FCM Presents Canadian Municipalities' Policy Issues to House of Commons Standing Committee on Finance"; 1- 19 Newsletter received from the Toronto Transition Team entitled "Transition Team Releases Interim Report of Recommendations"; I - 20 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on October 21, 1997; 1-21 Correspondence received from Andy Houser, Director, Fish and Wildlife Branch, Ministry of Natural Resources - MNR's Role in Fish Habitat Management Under Section 35 of the Federal Fisheries Act; I - 22 Correspondence received from P.M. Madill, Regional Clerk, Regional Municipality of Durham, addressed to The Honourable AI Leach, Minister of Municipal Affairs & Housing and The Honourable Ernie Eves, Minister of Finance - Update on Who Does What Initiative - Budget Planning Package; 1-23 Correspondence received from Walter E. Taylor, Clerk, Township of Uxbridge - Resolutions re Social Assistance and Housing Costs and GTSB/GT A Options; . . . Council Minutes COMMUNICATIONS 1-2 Rural Job Strategy Fund L11.PR - 5 - December 15,1997 I - 24 Correspondence received from John R. O'Toole, M.P.P., Durham East - Social Services Within the GTA; I - 25 Minutes of a meeting of the Newcastle Community Hall Board held on October 20, 1997; I - 26 Correspondence received from Earl S. Cuddie, Administrator/Clerk, Township of Scugog, addressed to The Honourable Al Leach, Minister of Municipal Affairs and Housing - Greater Toronto Services Board; I - 27 Correspondence received from Earl S. Cuddie, Administrator/Clerk, Township of Scugog, addressed to The Honourable AI Leach, Minister of Municipal Affairs and Housing - Social Assistance and Housing Costs; I - 28 Correspondence received from Nigel Wood, Review Co-ordinator, Environmental Assessment Branch, Ministry of the Environment - Notice of Completion of Review - Highway 407/Transitway (Markham Road Westerly to Highway 7 East of Brock Road); 1- 29 Correspondence received from H.M. Wong, Regional Director, Ministry of the Environment - Public Inquiry Into the Plastimet Fire; I - 30 News Release received from Ontario Hydro entitled "Monthly Report Cards Help Measure Performance of Ontario Hydro's Nuclear Operations"; I - 31 Member Communication received from the Association of Municipalities of Ontario entitled "Important Regulations Accompany Proclamation of Bill 105"; I - 32 Correspondence received from Terry McDermott, Correspondence Co-ordinator, Rideau Hall - Book of Condolence for Princess Diana; I - 33 Newsletter received from the Federation of Canadian Municipalities entitled "Federation of Canadian Municipalities (FCM) Concludes Successful Meeting With The Honourable David Collenette, Minister of Transport"; and 1-34 Correspondence received from Sheila Keating-Nause, Policy and Resolutions, the Federation of Canadian Municipalities - Call For Resolutions For Consideration By: a) FCM National Board of Directors, March 5 - 7, 1998 or b) FCM Annual Conference June 5 - 9, 1998. Resolution #C-846-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the correspondence dated October 24, 1997, from Noble A. Villeneuve, Minister of Agriculture, Food and Rural Affairs, regarding the Rural Job Strategy Fund, be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 1-12 Tender CL97-3 Reconstruction of Scugog and Second Streets F18.QU 1-17 Newsletter From AMO re: Bill 109 - Local Control of Public Libraries Act, 1997 is Withdrawn M06.GE 1- 18 Ontario's New Workfare Program L11.PR - 6 - December 15, 1997 Resolution #C-847-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the correspondence dated November 2,1997, from C. Neil McGregor and Lowell McDougall, complimenting the municipality on the work performed during the reconstruction of Scugog and Second Streets, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-848-97 Moved by Councillor Young, seconded by Councillor Schell THAT the foregoing Resolution #C-847-97 be amended by adding the following thereto: "and that a letter be forwarded to the authors of the correspondence from the Mayor and Members of Council expressing Council's thanks for the kind words." "CARRIED" The foregoing Resolution #C-847-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-849-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the Member Communication ALERT received from the Association of Municipalities of Ontario entitled "Bill 109, Local Control of Public Libraries Act, 1997 is Withdrawn", be received for information. "CARRIED" Resolution #C-850-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the correspondence dated October 28, 1997, from Frank Klees, M.P.P., Parliamentary Assistant, Ministry of Community and Social Services, regarding Ontario Works, be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 1-35 Resolution re: Anti- Personnel Mines ClO.AD 1-36 Confidential Correspondence D - 2 Lishman Rezoning D14.DEV.96-058 - 7 - December 15, 1997 Resolution #C-851-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the correspondence dated November 18,1997, from Lloyd Axworthy, Minister of Foreign Affairs, regarding Council's resolution pertaining to Anti- Personnel Mines, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-852-97 Moved by Councillor Mutton, seconded by Councillor Young THAT the foregoing Resolution #C-851-97 be amended by adding the following thereto: "and that a copy of the correspondence be referred to Carson Elliott together with a letter from the Mayor and Members of Council recognizing his efforts in this regard." "CARRIED" The foregoing Resolution #C-851-97 was then put to a vote and CARRIED AS AMENDED. Resolution #C-853-97 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the confidential correspondence dated December 4, 1997, be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-854-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated September 5,1997, from Eleanor Damant, regarding the Official Plan and Zoning Amendment Applications 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 Eleanor Damant be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 8 Installation of Traffic Lights - King Street and Darlington Blvd.! Varcoe Road Courtice T08.GE D-ll Boundary Road Property Maintenance Complaint P01.BY D - 12 Outdoor Christmas Decoration Contest M02.GE - 8 - December 15, 1997 Resolution #C-855-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence received from Doug Butterfield requesting the installation of traffic lights and crosswalk markings at the intersection of Varcoe Road and Highway #2 in Courtice, be received; THAT the correspondence be referred to the Director of Public Works to be considered in conjunction with the report which is being prepared on the subject matter; and THAT Doug Butterfield be advised of Council's decision. "CARRIED" Resolution #C-856-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated November 3, 1997 from Jacques Noel regarding ditching work in front of his property, be received; THAT the correspondence be referred to the Director of Public Works for review and appropriate action; and THAT Jacques Noel be advised of Council's decision. "CARRIED" Resolution #C-857-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence received from Randy Hilts requesting permission to hold an "Outdoor Christmas Decoration Contest" on Mann Street December 20, 1997, be received; THAT permission be granted for this request, provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Randy Hilts be advised of Council's decision. "CARRIED" Councillor Novak made a declaration of interest with respect to Correspondence Item D - 1; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in close proximity to the subject property. . . . Council Minutes COMMUNICATIONS D - 1 Joe Domitrovic Property Complaint P01.BY D - 3 Oshawa-Durham Symphony Orchestra Request for Funding Fl1.CH D - 5 Resolution re: Charity Gaming Clubs ClO.AD - 9 - December 15, 1997 Resolution #C-858-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated November 18, 1997 from Frances Scanga regarding property owned by Joe Domitrovic located at 3872 Courtice Road North, be received; THAT the correspondence be referred to staff for appropriate investigation; and THAT Frances Scanga and Joe Domitrovic be advised of Council's decision. "CARRIED" Resolution #C-859-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated November 24, 1997 from David Kentish, Chairman of the Board, Oshawa-Durham Symphony Orchestra requesting financial assistance, be received; THAT the correspondence be referred to the 1998 budget discussions; and THAT David Kentish be advised of Council's decision. "CARRIED" Resolution #C-860-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated November 25,1997 from Penelope Jenkinson, Deputy Clerk, City of Brockville regarding charity gaming clubs, be received; THAT the correspondence be referred to the Clerk to be considered in conjunction with the report which is being prepared on the subject matter; and THAT Penelope Jenkinson be advised of Council's decision. "MOTION LOST' Resolution #C-861-97 Moved by Councillor Novak, seconded by Councillor Trim THAT the correspondence dated November 25, 1997, from Penelope Jenkinson, Deputy Clerk, City of Brockville, regarding charity gaming clubs, be received for information. "CARRIED" . . . Council Minutes - 10 - December 15, 1997 COMMUNICATIONS D - 6 Resolution #C-862-97 Request to Name Moved by Councillor Novak, seconded by Councillor Rowe Taunton/Courtice Roads "Princess Diana THAT the correspondence dated November 11,1997 from W.J. Wallace Corners" requesting the naming of the intersection of Taunton Road and Courtice Road as D19.MU "The Princess Diana Corners" in memory of Princess Diana, be received; and THAT Mr. Wallace be advised that the municipality appreciates his thoughts, however, it does not name intersections and that we must adhere to the Region of Durham Street Name Index when naming new streets. "CARRIED" Councillor Novak made a declaration of interest with respect to Correspondence Item D - 9; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she lives in close proximity to the subject property. D - 9 Resolution #C-863-97 OPA - Joe Domitrovic Moved by Councillor Schell, seconded by Councillor Young D09.0PA.96-016 THAT the correspondence dated November 14, 1997 from the Petryshyn Family regarding the Official Plan Amendment and Zoning By-law Amendment Application submitted by Joe Domitrovic, 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 the Petryshyn Family and Joe Domitrovic be advised of Council's decision. "CARRIED" D - 10 Resolution #C-864-97 Lishman Rezoning D14.DEV.97-058 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated November 7,1997 from Linda Gasser, Bill Woods and Dan Hooper regarding the frontage on Taunton Road related to the Official Plan and Zoning By-law Amendment Applications submitted by Mr. and Mrs. Lishman, 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 Linda Gasser, Bill Woods and Dan Hooper be advised of Council's decision. "MOTION LOST" . . . Council Minutes COMMUNICATIONS D - 13 Sidewalk Ploughing T06.GE - 11 - December 15, 1997 Resolution #C-865-97 Moved by Councillor Trim, seconded by Councillor Schell THAT the correspondence dated November 7, 1997 from Linda Gasser, Bill Woods and Dan Hooper regarding the frontage on Taunton Road related to the Official Plan and Zoning By-law Amendment Applications submitted by Mr. and Mrs. Lishman, be received; THAT the correspondence be referred to the Commissioner of Planning, Regional Municipality of Durham; and THAT Linda Gasser, Bill Woods and Dan Hooper be advised of Council's decision. "CARRIED" Resolution #C-866-97 Moved by Councillor Schell, seconded by Councillor Young THAT the correspondence dated November 23,1997 from Robert Paxton regarding the level of service of sidewalk snow clearing, be received; THAT Mr. Paxton be advised that the municipality's contractor ploughs snow only on those properties owned by senior citizens who have registered for the snow clearing program or on properties where complaints have been received that the owners have not adequately cleared the sidewalk; and THAT a copy of Mr. Paxton's correspondence be forwarded to the contractor for information. "CARRIED" Resolution #C-867-97 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the last paragraph of Mr. Paxton's letter be referred to the appropriate Department Head in order to take the necessary action with the Municipality's contractor. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 4 Highway 407 T05.GE D - 7 Resolution re: National Unity CI0.AD D - 14 Resolution re: National Unity C10.AD D - 15 Appointments to Land Division and Conservation Authorities C12. - 12 - December 15, 1997 Resolution #C-868-97 Moved by Councillor Schell, seconded by Councillor Novak THAT the correspondence dated November 18, 1997, from Rob Sampson, Minister Without Portfolio With Responsibility For Privatization, regarding the assessment of the options available to the government with regard to private sector involvement in the ongoing financing, building and operation of Highway 407, be received; and THAT Rob Sampson be advised that the Clarington Official Plan does not recognize Highway 407 as going through the municipality. "CARRIED" Resolution #C-869-97 Moved by Councillor Mutton, seconded by Councillor Young THAT the correspondence dated October 30, 1997, from Maurice Suissa, Aaron Makovka, Robert and Myra Smith, Team Canada Chairpersons, regarding Canadian Unity, be received for information. "CARRIED" Resolution #C-870-97 Moved by Councillor Rowe, seconded by Councillor Trim THAT the correspondence dated November 18, 1997, from Inky Mark, M.P., Deputy Critic, National Unity, requesting Council's endorsement of three resolutions pertaining to Canadian Unity, be received for information. "CARRIED" Resolution #C-871-97 Moved by Councillor Schell, seconded by Councillor Mutton THAT the correspondence dated December 5, 1997, from P.M. Madill, Regional Clerk, Regional Municipality of Durham, requesting appointments to the Land Division Committee and Conservation Authorities, be received; THAT the following nominations be forwarded to the Region of Durham: . Land Division Committee - Robert Martin Central Lake Ontario Conservation Authority - Councillor Mary Novak and Councillor Jim Schell Ganaraska Region Conservation Authority - Councillor John Mutton and Councillor Charlie Trim Kawartha Region Conservation Authority - Councillor Troy Young . . . "CARRIED" . . . Council Minutes MOTION NOTICE OF MOTION COMMITTEE REPORTS Report #1 G.P.A. Report of December 8, 1997 Item 1 a) Ontario Municipal Board Hearing D13.CO - 13 - December 15,1997 Resolution #C-872-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT the General Purpose and Administration Committee Report of December 8, 1997, be approved with the exception of Item 1 a). "CARRIED" Councillor Novak made a declaration of interest with respect to Item 1 a) of Report #1; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in close proximity to the subject property. Resolution #C-873-97 Moved by Councillor Mutton, seconded by Councillor Schell THAT Report PD-159-97 be received for information. "CARRIED" Resolution #C-874-97 Moved by Councillor Schell, seconded by Councillor Trim THAT the recommendations contained in Item #7 of Report #1 be reconsidered at this time. "CARRIED" Resolution #C-875-97 Moved by Councillor Young, seconded by Councillor Novak THAT Item #7 of Report #1 be dealt with later in the meeting under Unfinished Business. "CARRIED" . . . Council Minutes REPORTS Report #2 Tender CL97-30 Self Propelled Ice Resurfacer F18.QU Report #3 Tender CL-97-29 Municipal Operations Centre F18.QU - 14 - December 15,1997 Resolution #C-876-97 Moved by Councillor Mutton, seconded by Councillor Schell THAT Report TR-111-97 be received; THAT Resurface Corp., Elmira, Ontario, with a total bid in the amount of $57,718.50 (including taxes), being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL97-30, be awarded the contract to supply one (1) only Self Propelled Ice Resurfacer (Option A) as required by the Municipality of Clarington Department of Community Services; and THAT the required funds be provided from the Community Services Budget Account #7606-00002-0501. "CARRIED" Resolution #C-877-97 Moved by Councillor Mutton, seconded by Councillor Schell THAT Report TR-1l2-97 be received; THAT Grenwitch General Contracting Inc., Concord, Ontario, with a total bid in the amount of $158,360.00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-29, be awarded the contract for the construction of the Municipal Operations Centre; THAT, as previously approved in Report FD-8-97, the total estimated funds required in the amount of $278,793.50, be obtained from the ImpactlEscrow Reserve Fund in the amount of $253,937.50 and from the Emergency Measures Ontario in the amount of $25,000.00; THAT the additional funds required (total actual funds required $288,687.00) in the amount of $9,893.50 be obtained from the ImpactlEscrow Reserve Fund; THAT the total funding be drawn from Capital Account #7102-00012-0501; and THAT the by-law attached to Report TR-112-97 marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement, be approved. "CARRIED" . . . Council Minutes REPORTS Report #4 - 15 - December 15, 1997 Resolution #C-878-97 Tender CL97-26 - Tax Moved by Councillor Rowe, seconded by Councillor Mutton Counter Renovations F18.QU THAT Report TR-114-97 be received; Report #5 Municipality Purchase From the Lions Club L07.LI Report #6 THAT Kraco Carpentry Service Limited, Bowmanville, Ontario, with a total bid in the amount of $39,761.00, (including G.S.T.), being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL97-26, be awarded the contract for the Tax Counter Renovations; and THAT the funds required be drawn from Account #7006-00000-0506 as identified in the body of Report TR-114-97. "CARRIED" Resolution #C-879-97 Moved by Councillor Novak, seconded by Councillor Trim THAT Report ADMIN-57-97 be received; and THAT the Mayor and Clerk be authorized to execute on behalf of the Municipality quit claim deeds respecting disputed areas along the boundary of the Lions Club property in favour of the following persons substantially in the form of the attachment referred to following their respective names: a) Wilhelmina J. Tielmans and Andreas Cornelius Tielmans (attachment #1 to Report ADMIN-57-97); b) John Powell Rice (attachment #2); and c) John Douglas Rundle and Patricia Ann Rundle (attachment #3 to Report ADMIN-57-97). "CARRIED" Report ADMIN-58-97 was distributed to Council as a handout. Resolution #C-880-97 Sale Of Moved by Councillor Schell, seconded by Councillor Mutton Orono Armouories 760719 Ontario/Apogee THAT Report ADMIN-58-97 be received; L07.AP THAT the By-law attached to Report ADMIN-58-97 be passed to authorize the Mayor and Clerk to execute an agreement substantially in the form of the draft Agreement of Purchase and Sale with 760719 Ontario Limited/Apogee Productions in the amount of $88,400.00; THAT the purchaser be granted an easement to use, maintain, repair and replace the septic tank located on the Orono Town Hall property at the cost of the purchaser until sanitary sewer service is available; and THAT the funds from this sale be deposited to the Building Maintenance and Improvement Reserve Fund. "CARRIED" . . . Council Minutes UNFINISHED BUSINESS Request For Funding - Memorial Hospital Fll.CH RECESS - 16 - December 15, 1997 Resolution #C-881-97 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report TR .108-97 be lifted from the table. "CARRIED" The Director of Public Works provided Members of Council with an update pertaining to the wquest for funding received from Memorial Hospital - Bowmanville. He outlined for their information details pertaining to the operating room suite relocation/renovation project at the hospital. Resolution #C-882-97 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report TR-108-97 be received; THAT a one time grant in the amount of $6300.00 be approved for the Memorial Hospital with the funds to be drawn from the Unallocated Grants Account #7613-99-X and the prior year surplus. "CARRIED" Resolution #C-883-97 Moved by Councillor Novak, seconded by Councillor Trim THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:40 p.m. Resolution #C-884-97 Moved by Councillor Novak, seconded by Councillor Trim THAT the delegation of Sandy Archibald be acknowledged with appreciation and best wishes be extended for continued success of the Durham Countryside Adventure. "CARRIED" Resolution #C-885-97 Moved by Councillor Mutton, seconded by Councillor Schell THAT the delegation of Viv Woolford be received with appreciation. "CARRIED" . . . Council Minutes - 17 - December 15, 1997 UNFINISHED BUSINESS Resolution #C-886-97 Committee of Moved by Councillor Novak, seconded by Councillor Young Adjustment Decisions Veltri THAT Report PD-164-97 be received; D13.CO THAT the decisions of the Committee of Adjustment made on November 2, 1997, for applications A97/072 and A97/075 to A97/077, be approved; THAT staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment for applications A97/072 and A97/075 to A97/077 in the event of an appeal; and THAT the decisions of the Committee of Adjustment with respect to Applications A97/073 and A97/074 (Veltri) be appealed to the Ontario Municipal Board and that the said appeals be withdrawn upon the applicant providing a letter of undertaking to the Municipality, agreeing to erect a six-foot high wood privacy fence at the rear boundary of the properties in question and to construct either the Nina or Montecarlo model only and that the fence be erected immediately upon completion of the dwelling. "CARRIED" Resolution #C-887-97 Moved by Councillor Novak, seconded by Councillor Rowe THAT the delegation of Todd Hoffman be acknowledged and a letter of appreciation be forwarded to the Committee on behalf of the Members of Council in recognition of their efforts to date; and THAT the mandate of the Animal Advisory Committee be extended for the term of Council. "CARRIED" Resolution #C-888-97 Business Improvement Moved by Councillor Mutton, seconded by Councillor Trim Areas D18.GE THAT the Municipality of Clarington notify the Minister of Municipal Affairs and Housing that it supports the position put forward by the Municipal Finance Officers which recommends: 1. THAT the Business Improvement Areas be given confirmation of continued existence for the long term as well as interim provisions for the 1998 taxation year; v . . . Council Minutes - 18 - December 15, 1997 UNFINISHED BUSINESS BY-LAWS 2. THAT the Province look at all options including flexibility in any legislative changes currently proposed and not exclude the option of amending the Municipal Act to ensure their viability; 3. THAT the 1998 levies be based on the calculation of the total taxes attributable to the occupied commercial space within existing B.I.A. boundaries, based on the preliminary 1998 assessment data; 4. THAT the apportionment method be developed by the B.IA. Board, in conjunction with the Municipality; and 5. THAT the Members of Provincial Parliament for Durham Region, the eight municipalities within Durham Region and the Bowmanville B.IA., be advised of Council's decision. "CARRIED" Resolution #C-889-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 97-261 being a by-law to designate a certain portion of Registered Plan 40M-1902 as not being subject to Part Lot Control; 97-262 being a by-law to adopt Amendment Number 4 to the Clarington Official Plan; 97-263 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the former Town of Newcastle; 97-264 being a by-law to authorize an agreement 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 for Permission to Enter and Construct on the Waste Transfer Station Site Location Described in Schedule A to the Agreement; 97-266 being a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and SC Industries Inc. In Trust pursuant to the provisions of Section 8 of the Municipal Tax Sales Act; 97-270 being a by-law to establish a Reserve for Burketon Park Improvements; 97-271 being a by-law to authorize the entering into of a Credit Agreement under Subsection 13(2) of the Development Charges Act, R.S.O. 1990, c.D.9 within the owners of the lands within draft Plan of Subdivision 18T-89037, 18T-95023 and 18T-95026; I .J . . . Council Minutes BY-LAWS - 19 - December 15, 1997 97-272 being a by-law to authorize the entering into of a Subdivision Agreement with Robinson Ridge Development Inc.; 97-273 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Grenwitch General Contracting Inc., Concord, Ontario, for the construction of the Municipal Operations Centre; and 97-274 being a by-law to authorize the execution of an Agreement of Purchase and Sale of the Orono Armouries lands. "CARRIED" Resolution #C-890-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT the third and final reading of By-laws 97-261 to 97-264 inclusive, 97-266, and 97-270 to 97-274 inclusive, be approved. "CARRIED" Resolution #C-891-97 Moved by Councillor Mutton, seconded by Councillor Rowe THAT By-law 97-265 be referred to the end of the meeting to be discussed during a "closed" session of Council. "CARRIED" Resolution #C-892-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT leave be granted to introduce By-law 97-267, being a by-law to stop-up and close and authorize the conveyance of part of the unopened road allowance in Lot 27, Concession 1, former Village of Newcastle, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-893-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT the third and final reading of By-law 97-267 be approved. "CARRIED" Councillor Schell made a declaration of interest with respect to By-laws 97-268 and 97-269; vacated his chair and refrained from discussion and voting on the subject by-laws. Councillor Schell indicated that both of these by-laws directly impact his employer. . . . Council Minutes BY-LAWS OTHER BUSINESS - 20 - December 15, 1997 Resolution #C-894-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 97-268 being a by-law to establish a Reserve Fund for Westside Marsh and Bowmanville Marsh; and 97-269 being a by-law to establish a Reserve Fund for Cove Road/Westside Creek Bridge. "CARRIED" Resolution #C-895-97 Moved by Councillor Novak, seconded by Councillor Mutton THAT the third and final reading of By-laws 97-268 and 97-269 be approved. "CARRIED" Resolution #C-896-97 Moved by Councillor Novak, seconded by Councillor Young THAT the meeting be "closed" in order to discuss a legal matter. "CARRIED" Resolution #C-897-97 Moved by Councillor Schell, seconded by Councillor Rowe THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-898-97 Moved by Councillor Novak, seconded by Councillor Trim THAT leave be granted to introduce By-law 97-265, being a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and SC Industries Inc., In Trust, pursuant to the provisions of Section 8 of the Municipal Tax Sales Act, and that the said by-law be now read a first and second time. "CARRIED" . . . Council Minutes BY-LAWS - 21 - December 15, 1997 Resolution #C-899-97 Moved by Councillor Novak, seconded by Councillor Trim THAT the third and final reading of By-law 97-265 be approved. "CARRIED" Councillor Rowe advised Members of Council that she inadvertently missed making a declaration of interest with respect to Item #10 of Report #1. She indicated that she and her husband are both named in Staff Report TR-102-97. CONFIRMING BY-LAW Councillors Novak, Rowe and Schell made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Resolution #C-900-97 Moved by Councillor Mutton, seconded by Councillor Young THAT leave be granted to introduce By-law 97-275, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 15th day of December 1997, and that the said by-law be now read a first and second time. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Declaration of Interest Councillor Mutton Councillor Trim Councillor Young Mayor Hamre Councillor Novak Councillor Rowe Councillor Schell Resolution #C-901-97 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the third and final reading of By-law 97-275 be approved. "CARRIED" ~. Council Minutes ADJOURNMENT . , - - 22- December 15, 1997 Resolution #C-902-97 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the meeting adjourn at 9:00 p.m. "CARRIED"