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HomeMy WebLinkAbout08/12/1996 . . . Special Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON August 12, 1996 Minutes of a special meeting of Council held on Monday, August 12, 1996, 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 Manager of Engineering, T. Cannella (Attended until 8:0S p.m.) Director of Community Services, J. Caruana (Attended until 8:0S p.m.) Solicitor, D. Hefferon Deputy Fire Chief, W. Hesson (Attended until 8:0S p.m.) Treasurer, M. Marano Deputy Treasurer, N. Taylor Director of Public Works, S. Yokes (Attended until 8:0S p.m.) Chief Building Official, H. Wight (Attended until 8:0S p.m.) Deputy Clerk, M. Knigbt DECLARATIONS OF INTEREST PUBLIC MEETING DELEGATIONS There were no declarations of interest stated for this meeting. Mayor Hamre invited everyone to attend the 1996 Clarington Rodeo Days Spectacular being held to promote the Ontario Rodeo Championships. This event will be held on August 22 1996, from 4:00 p.m. - 10:00 p.m. at the Municipal Administrative Centre, and will feature special performances by various artists. A public meeting is being held for the purpose of discussing ward boundaries in the Municipality of Clarington. No one addressed Council with respect to this matter. Mark Reeve, Markborough Properties, 1 Dundas Street West, Suite 2800, Toronto, MSG 2J2, expressed support for the recommendations contained in Report TR-69-96 and Addendum to Report TR-69-96 and was present to answer questions from Members of Council. . . . Special Council Minutes COMMUNICATIONS D-2 Oshawa Cycling Club M02.GE D-4 Closure of Church Street Kendal M02.GE D -1 Orono Nursery DOS.GE - 2- August 12, 1996 Resolution #C-644-96 Moved by Councillor Hannah, seconded by Councillor Novak TIIAT the correspondence dated August 1, 1996, from Alan Saunders, Oshawa Cycling Club, announcing that the Oshawa Cycling Club will be conducting its annual Scugog Circle Century Bicycle Tour, be received; TIIAT permission be granted to the Oshawa Cycling CLub to conduct a portion of the Tour in the Municipality of Clarington, on Sunday, August 2S, 1996, provided the Oshawa Cycling Club apply for and obtain a Road Occupancy Permit from the Public Works Department; and TIIAT Alan Saunders be advised of Council's decision. "CARRIEDII Resolution #C-64S-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 8, 1996, from Rev. David Black, The United Church of Canada, requesting the closure of Church Street, Kendal, on Sunday, August 2S, 1996, be received; THAT permission be granted to Rev. David Black, of The United Church of Canada for the closure of Church Street, Kendal, on August 2S, 1996, from 10:00 a.m. - 12:30 p.m., provided Rev. David Black applies for and obtains a Road Occupancy Permit from the Public Works Department; and TIIAT Rev. David Black be advised of Council's decision. "CARRIED" Resolution #C-646-96 Moved by Councillor Dreslinski, seconded by Councillor Pingle TIIAT the correspondence dated July 22, 1996, from Wayne Nakamura, Manager, Forest Renewal Section, Ministry of Natural Resources, pertaining to the disposition of Crown Property and Assets at the Orono Nursery, be received; TIIAT a copy of Resolution #C-638-96, approved by Council on July 29, 1996, pertaining to this matter, be forwarded to Mr. Nakamura; and THAT the correspondence be referred to the Chief Administrative Officer for review and report. "CARRIED" . . . Special Council Minutes COMMUNICATIONS D - 3 Request for Financial Assistance FILCH REPORTS Report #1 Restructuring Committee - Ward Boundaries C07.wA - 3- August 12, 1996 Resolution #C-647-96 Moved by Councillor Dreslinski, seconded by Councillor Scott TIIAT the correspondence dated July 18, 1996, from Barbara L. Pokorski, 2423 Regional Road 4, RR #1, Bowmanville, LIC 3K2, requesting financial support from the Municipality, to attend the Yietnamese Scouting Training in England, be received; TIIAT the request be denied in view of the fiscal restraints being experienced by the Municipality which cannot entertain any requests of a financial nature; and TIIAT Barbara Pokorski be advised of the Municipality's Grant process. "CARRIED" Resolution #C-648-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIA T the final report of the Restructuring Committee be received; THAT the by-law attached as Attachment No.1 to the Report of the Restructuring Committee, and authorizing the Clerk to make application to the Ontario Municipal Board for a redivision of the Municipality of Clarington's ward boundaries pursuant to Section 13(2) of the Municipal Act, RS.O. 1990, c.MA5 be passed by Council; TIIAT the boundaries of the proposed ward system to be submitted to the Ontario Municipal Board be as outlined on Attachment No.2 to the Report of the Restructuring Committee, and described as follows: WARD 1 West - The west limit of Lot 35, former Township of Darlington, Townline Road South and Townline Road North (Oshawa/Clarington), from Lake Ontario northerly to the north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington). North - The north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington), from the west limit of Lot 35, former Township of Darlington, Townline Road North (Oshawa/Clarington), easterly to the lot line between Lots 20 and 21, former Township of Darlington, Holt Road (centre line). ~ . . Special Council Minutes - 4 - August 12, 1996 REPORTS East - The lot line between Lots 20 and 21, former Township of Darlington Holt Road (centre line), from Lake Ontario northerly to the north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington) . South - Lake Ontario from the west limit of Lot 35, former Township of Darlington, Townline Road South (Oshawa/Clarington), to the lot line between Lots 20 and 21, former Township of Darlington, Holt Road (centre line). WARD 2 West - The lot line between Lots 20 and 21, former Township of Darlington, Holt Road (centre line), from Lake Ontario northerly to the north limit of Concession 10 former Township of Darlington, Boundary Road (ScugoglClarington). North - The north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington), from the lot line between Lots 20 and 21, former Township of Darlington, Holt Road (centre line), easterly to the line between Lots 10 and 11 former Township of Darlington, Liberty Street and Woodley Road (centre line). East - The lot line between Lots 13 and 14, former Township of Darlington, Waverley Road, from Lake Ontario northerly to Highway 401; Highway 401 (centre line) from the lot line between Lots 13 and 14, former Township of Darlington, Waverley Road, easterly to the lot line between Lots 10 and 11, former Town of Bowmanville, liberty Street; The lot line between Lots 10 and 11, former Town of Bowmanville and the lot line between Lots 10 and 11 former Township of Darlington, Liberty Street and Woodley Road (centre line), from Highway 401 northerly to the north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington). South - Lake Ontario from the lot line between Lots 20 and 21, former Township of Darlington, Holt Road (centre line), easterly to the lot line between Lots 13 and 14, former Township of Darlington, Waverley Road (centre line). WARD 3 West - The lot line between Lots \3 and 14, former Township of Darlington, Waverley Road (centre line), from Lake Ontario northerly to Highway 401; Highway 401 easterly to the lot line between Lots 10 and 11, former Town of Bowmanville, liberty Street (centre line); The lot line between Lots 10 and 11, former Town of Bowmanville and the lot line between Lots 10 and 11 former Township of Darlington, Liberty Street and Woodley Road (centre line), from Highway 401 northerly to the north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington). . . . Special Council Minutes REPORTS - 5- August 12, 1996 North - The north limit of Concession 10, former Township of Darlington, Boundary Road (ScugoglClarington) from the lot line between Lots 10 and 11, former Township of Darlington, Liberty Street (centre line), to the east limit of Lot 1, former Township of Darlington, Darlington/Clarke Townline Road (centre line). East - The lot line between Lots 32 and 33, former Township of Clarke, Cobbledick Road (centre line), from Lake Ontario northerly to the C.N.R. right-of-way; The C.N.R. right-of-way from the lot line between Lots 32 and 33, former Township of Clarke, Cobbledick Road (centre line), westerly to the lot line between Lot 35, former Township of Clarke and Lot 1, former Township of Darlington, Darlington/Clarke Townline Road (centre line); The lot line between Lot 35 former Township of Clarke and Lot 1 former Township of Darlington, Darlington/Clarke Townline Road (centre line), from the C.N.R. right-of-way northerly to the north limits of Concession 10 former Township of Darlington, Boundary Road (ScugoglClarington). South - Lake Ontario from the lot line between Lots13 and 14, former Township of Darlington, Waverley Road (centre line), easterly to the lot line between Lots 32 and 33 former Township of Clarke, Cobbledick Road (centre line). WARD 4 West - The lot line between Lots 32 and 33, former Township of Clarke, Cobble dick Road (centre line), from Lake Ontario northerly to the C.N.R. right-of-way; The C.N.R. right-of-way from the lot line between Lot 32 and 33, former Township of Clarke, Cobbledick Road (centre line), westerly to the lot line between Lot 35, former Township of Clarke and Lot 1, former Township of Darlington, Darlington/Clarke Townline Road (centre line); The lot line between Lot 35, former Township of Clarke and Lot 1, former Township of Darlington, Darlington/ Clarke Townline Road (centre line) from the C.N.R. right-of-way northerly to the north limit of Concession 10, former Township of Clarke, Boundary Road (Manvers/Clarington). East - The east limit of Lot 1, former Township of Clarke, East Townline Road and Cold Springs Camp Road (Cavan/Hope/ Clarington), from Lake Ontario northerly to the north limits of Concession 10 former Township of Clarke, Boundary Road (Clarington/Manvers). North - The north limits of Concession 10, former Township of Clarke, Boundary Road (Manvers/Clarington), from the lot line between Lot 35, former Township of Clarke and Lot 1, former Township of Darlington, Darlington/Clarke Townline Road (centre line), easterly to the east limit of Lot 1, former Township of Clarke, East Townline Road and Cold Springs Camp Road (Cavan/ Hope/Clarington) . . . Special Council Minutes - 6- August 12, 1996 North - The north limits of Concession 10, former Township of Clarke, Boundary Road (Manvers/Clarington), from the lot line between Lot 35, former Township of Clarke and Lot 1, former Township of Darlington, Darlington/Clarke Townline Road (centre line), easterly to the east limit of Lot 1, former Township of Clarke, East Townline Road and Cold Springs Camp Road (Cavan/ Hope/Clarington) REPORTS South - Lake Ontario from the lot line between Lots 32 and 33, former Township of Clarke, Cobble dick Road (centre line), easterly to the east limit of Lot 1, former Township of Clarke, East Townline Road (Hope/Clarington ). THAT, in order for the ward redistribution to be in effect for the 1997 municipal election, the effective date be December 1, 1996; TIIAT the Ministry of Municipal Affairs and Housing be requested to approve the Municipality of Clarington's council composition of seven members, namely: . Mayor . Two Regional representatives (a representative for Wards 1 and 2 and a representative for Wards 3 and 4) . Four local representatives (1 representative for each ward); and THAT Ontario Hydro, Clarington Hydro, The Northumberland and Clarington Board of Education, the Peterborough, Yictoria, Northumberland and Clarington Roman Catholic Separate School Board, the Regional Municipality of Durham, the Ministry of Municipal Affairs and Housing, the Regional Assessment Office and John O'Toole, M.P.P., be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED YOTE" Recorded Yote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Scott Mayor Hamre Councillor Pingle . . . Special Council Minutes REPORTS Report #2 Tender CL96-11 Reconstruction of Highway #2 - Green Road - Extension of Uptown Avenue FI8.QU - 7- August 12, 1996 Resolution #C-649-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the Addendum to Report TR-69-96 be received; TIIAT Report TR-69-96 be received; THAT Mardave Construction Ltd., Weston, Ontario, with a total bid in the amount of $1,971,041.S4, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL96-11, be awarded the contract for the Reconstruction of Highway #2, Green Road, and the Extension of Uptown Avenue, as required by the Department of Public Works; TIIAT the Municipality of Clarington portion for Highway #2 construction of $1,127,460.00 be drawn from Public Works Capital Budget Account #720S-9600S- 0261; TIIAT the Municipality of Clarington portion for Green Road reconstruction of $612,649.00 be drawn from Public Works Capital Budget Account #720S-96001- 0261; TIIAT the Municipality of Clarington portion for Uptown Avenue Extension of $44,3S0.00 be drawn from Public Works Capital Budget Account #720S-01001- 0261; TIIAT the Kaitlin Group be invoiced for an additional $17,000.00 toward the installation of storm sewer laterals on Green Road; TIIA T the Regional portion of the work be billed accordingly; TIIAT the award be subject to the approval of the Regional Municipality of Durham and the Ministry of Transportation of Ontario; TIIAT the By-Law attached to Report TR-69-96 and marked Schedule "A", be approved; TIIAT conditional upon receipt of the budgeted contributions from the developers, per Report ADMIN-14-96 subdivision agreement between the Municipality of Clarington, 829426 Ontario Inc., 838038 Ontario Inc., and Royal Bank of Canada, and the Second Amending Agreement to the Subdivision Agreement between the Municipality of Clarington, Martin Road Holdings Limited, West Bowmanville Developments Ltd., and Royal Bank of Canada, in a form satisfactory to the Municipality's Solicitor, and conditional on the satisfaction of recommendations 3 to S inclusive of Addendum to Report TR-69-96, the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's Seal, a contract between Mardave Construction Ltd., and said Corporation; . . . Special Council Minutes REPORTS Report #4 Subdivision Agreement Markborough RECESS - 8- August 12, 1996 TIIAT the funding for the extra works requested by the developers be in place prior to the commencement of those works or the works will be deleted from the contract; and TIIAT signing of the contract also be conditional to receiving written confirmation from the successful contractor that potential deletion of the extra works will not invalidate their tender submission or the unit prices submitted. "CARRIED ON THE FOLLOWING RECORDED YOTE" Recorded Y ote Yea Nav Absent Conncillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre Resolution #C-650-96 Moved by Councillor Dreslinski, seconded by Councillor Novak TIIAT Report ADMIN-26-96 be received; THAT the recommendations contained in the letter dated August 12, 1996, from the Municipality's Solicitor, and attached to Report ADMIN-26-96 as Schedule "A", be approved, subject to the addition of the words "if legally permitted" to the second sentence of the Solicitor, second recommendation; and TIIAT the By-law attached to Report ADMIN-26-96 be approved. "CARRIEDll Resolution #C-651-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Council recess for 10 minutes and reconvene "In Camera.1t "CARRIED" Resolution #C-652-96 Moved by Councillor Dreslinski, seconded by Councillor Novak TIIAT the actions taken llIn Camera" be ratified. "CARRIED" . . . Special Council Minutes - 9- August 12, 1996 BY-LAWS Resolution #C-653-96 Moved by CouncilIor 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: 96-149 being a by-law to authorize the entering into of an agreement to amend the Subdivision Agreement between West Bowmanville Developments Limited, Martin Road Holdings Ltd., certain mortgagees, and the Corporation of the former Town of Newcastle for the development of Plan of Subdivision 18T-88046, as authorized by By-law 91-100; 96-150 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Mardave Construction Ltd., Weston, Ontario, for the Reconstruction of Highway #2, Green Road, Extension of Uptown Avenue; 96-152 being a by-law to authorize entering into of an A,greement with 765400 Ontario Limited the owners of Plan of Subdivision 18T-87041, and the Corporation of the Municipality of Clarington in respect of Plan of Subdivision 18T-87041; and 96-153 being a by-law to further amend By-law 94-76, to authorize the making of an agreement between the Municipality of Clarington and 829426 Ontario Inc., 838038 Ontario Inc., and Royal Bank of Canada. "CARRIED" Resolution #C-654-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT leave be granted to introduce By-law 96-151, being a by-law to authorize the Clerk to make application to the Ontario Municipal Board for a new division of wards in the Municipality of Clarington, and that the said by-law be now read a first and second time. "CARRIED ON THE FOLLOWING RECORDED YOTE" Recorded Y ote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Scott Mayor Hamre Councillor Pingle . . . Special Council Minutes BY-lAWS OTHER BUSINESS Fees for Adoption of Cats PI4.AN CONFIRMING BY-LAW - 10- August 12, 1996 Resolution #C-655-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT the third and final reading of By-laws 96-149 to 96-153 inclusive, be approved. "CARRIED" Resolution #C-656-96 Moved by Councillor Pingle, seconded by Councillor Elliott WHEREAS cat adoption fees were increased to $35.90 effective February 1, 1996; AND WHEREAS the number of cat adoptions has dropped substantially since this increase and the animal shelter is filled to capacity with cats; NOW THEREFORE BE IT RESOLVED TIIAT the fee for cat adoptions be reduced to $15.00 until December 31, 1996, to allow for staff to review and make recommendations on how to resolve this issue. nCARRIEDu Resolution #C-657-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT leave be granted to introduce By-law 96-154, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on the 12th day of August 1996, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-658-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT the third and final reading of By-law 96-154 be approved. "CARRIED" . . . Special Council Minutes ADJOURNMENT Resolution #C-659-96 - 11 - August 12, 1996 Moved by Councillor Dreslinski, seconded by Councillor Novak TIIAT the meeting adjourn at 8:40 p.m. "CARRIED" 4~d~e.~~4e:) A OR /