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Home My WebLink About09/16/1996 . . . MUNICIPALITY OF CLARINGTON Council Minutes September 16, 1996 Minutes of a regular meeting of Council held on Monday, September 16, 1996, 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 C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Absent: Councillor A. Dreslinski (due to illness) Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton Treasurer, M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Clerk, P. Barrie Councillor Novak displayed the stool which she and Councillor Scott won during the milking contest which took place at the Orono Fair. Councillor Hannah thanked John O'Toole, MPP, for taking part in the contest on his behalf. DECLARATIONS OF INTEREST There were no declarations of interest stated for this meeting. MINUTES OF PREVIOUS MEETINGS Resolution #C-660-96 Moved by Councillor Pingle, seconded by Councillor Hannah THAT the Minutes of a regular meeting of Council held on July 8, 1996, be approved; THAT the Minutes of a special meeting of Council held on July 29, 1996, be approved; and THAT the Minutes of a special meeting of Council held on August 12, 1996, be approved. "CARRIED" . . . Council Minutes DELEGATIONS COMMUNICATIONS - 2- September 16, 1996 Cheryl MacLeod, Hospice Durham, 850 Champlain Avenue, Oshawa, LlJ 8C3, together with Dr. Osbourne and Kathryn Robertson, PACT Team, described their organization to the members of Council and requested the proclamation of Hospice Week October 14 to 20, 1996 and permission to !ly the Hospice !lag in the Town Square during this timeframe. David Lawson, 111 Cedar Crest Beach Road, Box 44, Group 5, Bowmanville, L1 C 3K3, addressed Council with respect to the Bowmanville Creek Valleylands south of Highway #2. Through the use of a slide presentation, Mr. Lawson demonstrated to the Council how the lands are slowly eroding. Restoration is long overdue and Mr. Lawson stated this can be accomplished with very little cost. He requested that the municipality encourage local companies, businesses, and the community to form a committee to restore these lands as a community project. Niva Rowan addressed Council on behalf of Katherine Guselle, SAGA, 45 Connaught Street, Oshawa, L1G 2H1, and advised of a one-day forum they are planning on November 19, 1996 regarding the Ganaraska Forest. Ms. Rowan reviewed the agenda for the day and requested a donation from the municipality to assist in the staging of this event. Judy Mitchell, 120 Vail Meadows Crescent, Bowmanville, L1C 4T3, together with Rev. Mervyn Russell, Orono United Church, Orono, LOB 1MO, Gillian Mann, 1330 Trowbridge, Unit 35, Oshawa, LlG 7L1 and Cheryl Whalen, 822 Glen Street, #107, Oshawa, LlJ 3V2, addressed Council on behalf of Durham Coalition For Social Justice regarding the proposed Workfare project. Rev. Russell stated that most welfare recipients have been employed and will be employed again and only require temporary assistance. The idea of Workfare arose from the fact that we do not trust these individuals and do not believe they need or deserve assistance. Gilliam Mann, a single mother receiving social assistance, questioned who will ensure the worker's protection once workfare is in place and whether the Employment Standards Act and the Occupational Health and Safety Act will be adhered to. Cheryl Whalen stated that the media is already questioning what the program will do for the Durham Region. In areas where similar programs have been put in place, they have been complete failures and, in fact, the bureaucracy of running the program has been overwhelming. She indicated that a total lack of research has been completed in support of the program. Resolution #C-661-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the communications to be received for information be approved, with the exception of items 1-4, I-9, I-12, 1-31, 1-47, I-54 and 1-65. "CARRIED" . . . Council Minutes COMMUNICATIONS - 3- September 16, 1996 I - 1 Correspondence received from Debbie FeItham, Treasurer, Clarington East Economic Support, 131 King Street East, Newcastle, LlB 1H3 - Letter of Appreciation; I - 2 Correspondence received from Rick Hamilton, President and Cheryl MacLeod, Executive Director, Hospice Durham - Newsletter; I - 3 Correspondence received from Robert A. Ferchat, Chairman and CEO, Bell Mobility - New Service to GO Commuters; I - 5 Correspondence received from Audrey Johnson, Treasurer, Helping Hands Food Bank, 29 Stagemaster Crescent, Courtice, LIE 2Y7 - Letter of Appreciation; I - 6 Correspondence received from Mary Jo Woollam, Regional Clerk, Regional Municipality of Ottawa-Carleton - Bilingual Traffic Signs; I - 7 Minutes of a meeting of the Newcastle Community Hall Board held on June 17, 1996; I - 8 Correspondence received from Bryon Wilfert, President, Federation of Canadian Municipalities - Saguenay and Lac-St-Jean Floods; I - 10 Correspondence received from Nancy L. Diamond, Mayor, City of Oshawa, addressed to Mayor Tom Edwards, Town of Whitby - Referendum of June 10, 1996; I - 11 Correspondence received from Craig T. Brown, Chairman, Clarington Public Library - Development Charges Act; I - 13 Correspondence received from Carol L. SegIins, Mayor, Town of Caledon, addressed to Martin de Rand, Clerk, Town of Ajax - Development Charges Act; I - 14 Newsletter received from the Federation of Canadian Municipalities - Agreement on Paymenls-In-Lieu of Taxes Withstands Challenge From Transport Canada; I - 15 News Release received from the Ministry of Municipal Affairs and Housing - New "Who Does What" Members, Sub-Groups Named; I - 17 Correspondence received from Julian Luke, Co-ordinator, Adult and Continuing Education Centre - New Programs for Students 21 Years of Age and Over; I - 18 News Release received from the Nuclear Fuel Waste Environmental Assessment Panel - Phase II Public Hearings Extended for Review of Nuclear Fuel Waste Management and Disposal Concept; . . . Council Minutes COMMUNICATIONS - 4- September 16, 1996 I - 19 Correspondence received from R.L. Hillier, Director General, Agriculture and Agri-Food Canada - Ontario Region Office Consolidation Project Announcements; I - 20 Correspondence received from J.A. Nairn, Environmental Planner, Ministry of Transportation Environmental Study Report Highway 401, W.P. 614-89-00 From Highway 35/115 to Highway 28; I - 21 Correspondence received from Cam Jackson, Minister Without Portfolio Responsible for WCB Reform - New Directions for Workers' Compensation Reform; I - 22 Correspondence received from Cindy Clegg, Director, Public Mfairs, CN, Suite 804, 277 Front Street West, Toronto, M5V 2X7, addressed to Novina Wong, Metropolitan Clerk - Metro's Planning and Transportation Committee; I - 23 Correspondence received from John J. Buchanan, Clerk Administrator, Town of Iroquois Falls, addressed to The Honourable Mike Harris - School Crossing Gnards; I - 24 Correspondence received from Tom Edwards, Mayor, Town of Whitby, addressed to The Honourable AI Palladini, Minister of Transportation - Extension of Highway 407 Easterly to Highway 35/115, Freeway Link Between Highways 407 and 401 in the Pickering/Ajax Corridor Area; I - 25 Minutes of a meeting of the Bowmanville Museum Board held on June 12, 1996; I - 26 Correspondence received from A. Anne McLellan, Minister of Natural Resources Canada - Town of Deep River to Host a Low-Level Radioactive Waste Disposal Facility; I - 27 Correspondence received from Gail Thomson, Executive Co-ordinator, Ontario Film Development Corporation - Promotion of Filming Locations in Ontario; I - 28 Minutes of a meeting of the Clarke Museum & Archives held on June 2, 1996; I - 29 Correspondence received from Terry Mundell, President, Association of Municipalities of Ontario - Municipal Contlict of Interest Proposed Amendments; I - 30 Correspondence received from Karen Crouse, Planning, City of Oshawa - South-West Courtice Neighbourhood Plan, Draft Plans of Subdivision 18T-89037 and 18T-95023, Applications to Amend the Official Plan of the Former Town of Newcastle No. OPA 89-032/C and 95-004/C, Municipality of Clarington; . . . Council Minutes COMMUNICATIONS - 5- September 16, 1996 I - 32 Correspondence received from Ed McCloskey, Assistant Deputy Minister, Inquest Into the Death of Guilio Marinig Deceased August 7, 1994 While Observing a Race at Mosport Speedway; I - 33 Correspondence received from P.M. Madill, Deputy Clerk, Regional Municipality of Durham - By-law to Levy Against the Area Municipalities; I - 34 Correspondence received from Valerie Cranmer, Director, Strategic Planning Branch, Regional Municipality of Durham - Commissioner's Report No. 96-P-77, Region of Durham Urbanization Study - Request for Provincial Funding and Revised Approach; I - 35 Correspondence received from Jim Blair, Director, Current Operations Branch, Regional Municipality of Durham - Commissioner's Report No. 96-P-74, Application for Approval of a Draft Plan of Subdivision Submitted by A VD Planning and Development Consulting Ltd., on Behalf of C. & K. Mortgage Services, City of Oshawa; I - 36 Correspondence received from P.M. Madill, Deputy Clerk, Regional Municipality of Durham - Response to the City of North York's "Stormwater Management Policy and Proposed Regional Funding Mechanism"; I - 37 News Release received from the Ministry of Environment and Energy - Elliott Introduces New Soil Cleanup Guideline; I - 38 News Release received from the Association of Municipalities of Ontario - Two New Appointments to Crombie Panel and Emergency Services and Social Services Subgroups Created; I - 39 Correspondence received from Michael D. Harris, Premier of Ontario - Municipal Act and the Occupier's Liability Act; I - 40 Correspondence received from Mr. Bernard J. Kamin, President and CEO, The Mosport Park Entertainment Corporation - Edenfest; I - 41 Correspondence received from Nestor Chornobay, Director, Strategic Planning Branch, Regional Municipality of Durham - Notification of Public Meeting for the Municipality of Clarington Official Plan, Related Applications to Amend the Durham Regional Official Plan Proposed by the Municipality of Clarington, and an Application to Amend the Durham Regional Official Plan Submitted by 289143 Ontario Limited; I - 42 Correspondence received from Brenda Elliott, Minister of Environment and Energy and AI Leach, Minister of Municipal Affairs and Housing - Potable Water; . Council Minutes COMMUNICATIONS - 6- September 16, 1996 I - 43 Correspondence received from William J. Saunderson, Minister of Economic Development, Trade and Tourism - Ontario-Quebec Procurement Agreement Broader Public Sector Information Sessions; I - 44 News Release received from the Association of Municipalities of Ontario - Who Does What Panel Makes Recommendations to Minister Leach; I - 45 Correspondence received from Bryon Wilfert, President, Federation of Canadian Municipalities - Update of Activities; I - 46 Correspondence received from Catherine Sherrard, Director of Fundraising, Ontario March of Dimes - Bill 75; I - 48 News Release received from the Atomic Energy Control Board - AECB Publishes Recent Radiation Doses From Pickering and Darlington Nuclear Stations; I - 49 Correspondence received from George Robert, President, Fund Raiser Products - Introduction of Video Lottery Terminals in Ontario; . I - 50 Correspondence received from the Canadian Soft Drink Association - Soft Drink Industry Willing to Pay Fair Share of Blue Box Cost; I - 51 Correspondence received from Bonnie B. Good, Director, Community Relations, The Hospital for Sick Children Foundation - Wishing Well Lottery; I - 52 News Release received from the Association of Municipalities of Ontario - Standing Committee Reviewing Bill 75 - Video Lottery Terminals; I-53 I-55 I-56 I-57 I-58 I-59 . Correspondence received from Pauline Janitch, Communications Officer, The Northumberland-Clarington Board of Education - Auditor's Report; Correspondence received from C.D. MacInnes, Co-ordinator, Rabies Research, Ministry of Natural Resources - Rabies Vaccine; Minutes of a meeting of the Local Architectural Conservation Advisory Committee held on June 18, 1996; Correspondence received from Cynthia Mearns, Library Director, Clarington Public Library - Financial Statements; News Release received from the Federation of Canadian Mnnicipalities - FCM On-Line, August 26, 1996 ..WWW.FCM.CA..; Newsletter received from Big Brothers of Clarington - Annual Update; . . . Council Minutes COMMUNICATIONS 1-4 1- 12 Edenfest Concert P11.MO I - 9 News Release Assessment and Property Tax Reform F27.TA - 7- September 16, 1996 I - 60 Correspondence received from Jeff Wilbee, Chair, Charities First Ontario - Bill 75 - An Act to Regulate Alcohol and Gaming; I - 61 Correspondence received from Dirk Zinner, Pastor, Bowmanville Seventh-Day Adventist Church - 88th Annual AD.R.A Appeal; I - 62 Correspondence received from Janet Georgieff, Executive Director, The Lung Association - Fresh Air Walk; I - 63 Correspondence received from Ernie Eves, Minister of Finance - Goods and Services Tax (GST); I - 64 Press Release received from the Clarington Museums/Clarke Museum & Archives - Giant Second Hand Book Sale; I - 66 Municipal Alert received from the Association of Municipalities of Ontario - Recommendations for Municipal Administration - AMO Responds to Minister Leach; I - 67 Minutes of a meeting of the Bowmanville Mnseum Board held on August 14, 1996; and I - 68 Correspondence received from Anne Boody, Vice-President, Marketing, Ontario Transportation Capital Corporation - Highway 407 Express Toll Route (ETR). Resolution #C-662-96 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated July 12, 1996 from Gordon Mills regarding the cost to taxpayers due to the Edenfest Concert at Mosport Park and the correspondence dated July 24, 1996 from Nellie Mereweather regarding concerns with the Edenfest Concert, be referred to later in the agenda to be considered in conjunction with correspondence item D - 7. "CARRIED" Resolution #C-663-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the News Release received from the Association of Municipalities of Ontario entitled "Crombie Panel Makes Additional Recommendations on Assessment and Property Tax Reform", be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 16 1-31 1-47 Resolutions Ie: Municipal Clean Air Summit ClOAD I-54 1996 Subsidy Allocation - Municipal Transit F11.PR I - 65 Proposed Official Plan (Laidlaw) D25.CL D - 1 Proclamation Breast Health Month M02.GE - 8- September 16, 1996 Resolution #C-664-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence dated June 26, 1996 from Dana Pesce, Legislative Co-ordinator, Regional Municipality of Peel, the correspondence dated July 5, 1996 from K.B. Ogilvie, Executive Director, Pollution Probe and the correspondence dated August 28, 1996 from John Leach, City Clerk, City of Vaughan regarding the Municipal "Clean Air" Summit, be received for information. "CARRIED" Resolution #C-665-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence dated August 12, 1996 from David Ferguson, Manager, Ministry of Transportation regarding the 1996 Subsidy Allocation - Municipal Transit, be received for information. "CARRIED" Resolution #C-666-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence dated September 9, 1996 from J. McDermott, Principal Planner, McDermott & Associates Limited, addressed to the Regional Municipality of Durham regarding proposed the official plan for the Municipality of Clarington - Commissioner's Report No. 96-P-82 Laidlaw Waste Systems (Durham) Ltd., be received for information. "CARRIED" Resolution #C-667-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated July 10, 1996 from Lydia Antalfy, Durham Breast Health Coalition, requesting proclamation of Breast Health Month be received; THAT the month of October 1996 be proclaimed "Breast Health Month" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Lydia Antalfy be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-2 Proclamation Block Parent Week Raising Flag M02.GE D - 3 Proclamation Ontario Home Week M02.GE D-4 Development Charges F21.DE - 9- September 16, 1996 Resolution #C-668-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 3, 1996 from Carol Mason, C Co-Chairperson/Secretary, Town of Newcastle Block Parents, requesting proclamation of Block Parent Week be received; THAT the week of October 20 to 26, 1996 be proclaimed "Block Parent Week" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted for the Town of Newcastle Block Parent Inc. to !ly their !lag in the Town Square during Block Parent Week; and THAT Carol Mason be advised of Council's decision. "CARRIED" Resolution #C-669-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated July 3, 1996 from Dean West, President, Durham Region Real Estate Board, requesting proclamation of Ontario Home Week be received; THAT the week of September 22 to 28,1996 be proclaimed "Ontario Home Week" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Dean West be advised of Council's decision. "CARRIED" Resolution #C-670-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence received from David English regarding the interpretation of the Development Charges By-law 92-105, be received; THAT the correspondence be referred to the Director of Planning and Development for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT David English be advised of Council's decision. I'CARRIEDII . . . Council Minutes COMMUNICATIONS D-lO Proclamation Hospice Week Raising Flag M02.GE D-11 Volume of Traffic and Noise Level Highway 115 TOS.GE D - 12 Opening Ceremony Terry Fox Run M02.GE - 10- September 16, 1996 Resolution #C-671-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 1, 1996 from Cheryl MacLeod, Executive Director, Hospice Durham, requesting proclamation of Hospice Week be received; THAT the week of October 14 to 20, 1996 be proclaimed "Hospice Week" in the Municipality of Clarington and advertised in accordance with municipal policy; THAT permission be granted for Hospice Durham to !ly their !lag in the Town Square during Hospice Week; and THAT Cheryl MacLeod be advised of Council's decision. "CARRIED" Resolution #C-672-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 20, 1996 from Gerald and Viki McDonald regarding increased noise emanating from Highway 115, be received; THAT the correspondence be forwarded to John O'Toole, MPP, and to the Honourable AI Palladini, Minister of Transportation for appropriate action, as Highway 115 is under Provincial jurisdiction; and THAT Gerald and Viki McDonald be advised of Council's decision. IICARRIEDU Resolution #C-673-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence received from Elizabeth Bateman, Co-organizer of the Terry Fox Run 1996, inviting members of Council to attend the opening ceremony scheduled for 9:00 a.m. September 22, 1996 at Memorial Park, be received; and THAT Elizabeth Bateman be advised of the members of Council who will be in attendance. "CARRIED" - . . Council Minutes COMMUNICATIONS D - 15 Proclamation Credit Union Day M02.GE D - 16 Closure of King Street - Village of Newcastle M02.GE D - 18 Resolution re: Outdoor Air Quality in GTA ClO.AD - 11- September 16, 1996 Resolution #C-674-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 13, 1996 from Bonnie Oliver, Member and Community Relations Manager, Auto Workers Community Credit Union, requesting proclamation of Credit Union Day be received; THAT October 17, 1996 be proclaimed "Credit Union Day" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Bonnie Oliver be advised of Council's decision. HCARRIEDU Resolution #C-675-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 23, 1996 from Maureen Mumford, Secretary, Newcastle D.B.I.A, requesting the closure of King Street from Mill Street to Church Street for the Newcastle Fall Festival which is scheduled to be held on Saturday, October 5, 1996 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 Maureen Mumford be advised of Council's decision. "CARRIED" Resolution #C-676-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 15, 1996 from J. Lunn Stewart, Town Clerk, Town of Halton Hills requesting endorsement of a resolution regarding outdoor air quality in the Greater Toronto Area, be received; and THAT J. Lunn Stewart be advised that the Municipality of Clarington, at a meeting held on June 24, 1996, endorsed, in principle, the resolution of the Blue Ribbon Committee pertaining to this matter. "CARRIED" - . . Council Minutes COMMUNICATIONS D - 19 Bowmanville High School - Terry Fox Run M02.GE D - 20 Oshawa Kicks Soccer Club - Nevada Lottery P09.0S D - 24 Resolution re: Air Quality in the GTA ClOAD - 12- September 16, 1996 Resolution #C-677-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 22, 1996 from Simon Walker requesting permission to hold the Terry Fox Run on September 23, 1996 from 10:00 a.m. until 12:00 noon (rain date of September 24), 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 Simon Walker be advised of Council's decision. "CARRIED" Resolution #C-678-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the application to manage and conduct a Nevada Lottery at T.J.'s Roadhouse, 68 King Street East, Bowmanville, submitted by the Oshawa Kicks Soccer Club, be received; THAT the request of the Oshawa Kicks Soccer Club be approved subject to the applicant complying with the terms and conditions imposed by the Municipality and the Province; and THAT Frank Sobil and Margaret Robinson be advised of Council's decision. "CARRIED" Resolution #C-679-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 7, 1996 from Ron Maurice, Director of Council Services and City Clerk, City of York requesting endorsement of a resolution regarding outdoor air quality in the Greater Toronto Area, be received; and THAT Ron Maurice be advised that the Municipality of Clarington, at a meeting held on June 24, 1996, endorsed, in principle, the resolution of the Blue Ribbon Committee pertaining to this matter. nCARRIED" - . . Council Minutes COMMUNICATIONS D - 25 Petition - Parking Problems Tilley Road Bowmanville T02.GE D - 27 Proclamation YWCA Week Without Violence M02.GE D - 28 Long Term Planned Funding Clarke Museum R03.CL - 13- September 16, 1996 Resolution #C-680-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the petition dated June 20, 1996 from residents on the north side of Tilley Road requesting the erection of "No Parking" signs, be received; THAT the petition be forwarded to the Director of Public Works and to the Senior Municipal Law Enforcement Officer for review in conjunction with the municipality's traffic by-law; and THAT Joe and Debbie Smith, lead petitioners, be advised of Council's decision. "CARRIED" Resolution #C-681-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 29, 1996 from Eva Martin Blythe, Executive Director, Young Women's Christian Association, requesting proclamation of Week Without Violence be received; THAT the week of October 6 to 12, 1996 be proclaimed "Week Without Violence" in the Municipality of Clarington and advertised in accordance with municipal policy; and THAT Eva Martin Blythe be advised of Council's decision. "CARRIED" Resolution #C-682-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated September 5, 1996 from Donna Robins, Chairman, Clarington Museums/Clarke Museum & Archives forwarding a proposed new policy for long term, planned funding for the museum be received; THAT the correspondence be referred to the Treasurer for review, in conjunction with the Solicitor, and submission of a report to the General Purpose and Administration Committee; and THAT Donna Robins be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 29 Durham Region Health Unit M04.GE D - 30 Complaint reo Property King and Beaver Street former Box Factory P01.BY D - 31 Resignation From LACAC Committee C12.LA - 14- September 16, 1996 Resolution #C-683-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated July 4, 1996 from W.E. Roth, President, W.E. Roth Construction Limited regarding the closure of the Bowmanville Branch of the Durham Region Health Unit, be received; and THAT Mr. Roth be advised that, effective September 17, 1996, the Health Unit will be utilizing an office in the Municipal Administrative Office two one-half days per week for the purpose of receiving water testing and land severance septic samples. "CARRIED" Resolution #C-684-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated September 6, 1996 from concerned residents of Newcastle Village regarding the property located on the southeast corner of King Street East and Beaver Street South (the former "Box Factory"), be received; THAT the correspondence be referred to the Senior Municipal Law Enforcement Officer and thc Fire Prevention Officer for appropriate action in accordance with the Municipality's Property Standards By-law 82-63; and THAT the authors of the letter be advised of Council's decision. nCARRIEDlI Resolution #C-685-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 22, 1996 from Rob Nelson, submitting his resignation from the Local Architectural Conservation Advisory Committee, be received with regret; THAT thc correspondence be referred to the Clerk in order for the process of appointing a replacement to be initiated; and THAT Rob Nelson be thanked for his contribution to the Committee. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 32 St. Stephen's Secondary School Walk-A-Thon M02.GE D - 5 Resolution re: School Crossing Guards ClO.AD D - 6 Construction of Highway 407 T04.GE - 15 - September 16, 1996 Resolution #C-686-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated September 10, 1996 from Father William A Moloney, St. Stephen's Secondary School requesting permission to hold a walk-a- than on October 30, 1996 (rain date November 6, 1996), be received; THAT permission be granted for this event, provided the organizers apply for and obtain a Road Occupancy Permit from the Public Works Department; and THAT Father William Moloney be advised of Council's decision. "CARRIED" Resolution #C-687-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the corrcspondence dated July 25, 1996 from Walter Taylor, Clerk, Township of Uxbridge advising of Uxbridge Council's endorsement of a resolution from Iroquois Falls pertaining to school crossing guards, be received; THAT the resolution of Iroquois Falls be endorsed by the Council of the Municipality of Clarington; and THAT the Premier of Ontario, Durham Region MPPs, the Association of Municipalities of Ontario, the Northumberland Clarington Board of Education, the Peterborough-Victoria-Northumberland-Clarington Roman Catholic Separate School Board, the Regional Municipality of Durham and the area municipalities be advised of our support. "CARRIED" Resolution #C-688-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated July 9, 1996 from Sandra Krane, Acting Assistant to the City Clerk, City of Oshawa, regarding the construction of Higl=ay 407, be received and filed. llCARRIEDII . . . Council Minutes COMMUNICATIONS D - 8 Veterans Recognition and Remembrance Service - Request Funding F11.CH D - 9 Newsletter reo Refillable Quota Regulations M06.GE D-13 Resolution re: Petition to Amend the Municipal Act ClO.AD D - 14 Bill C-302 M04.GE - 16- September 16, 1996 Resolution #C-689-96 Moved by Councillor Scott, seconded by Councillor Hannah THAT the correspondence dated July 28,1996 from Pat Tierney, QPC, ODCM, Chairperson (Canadian Committee), Veterans Recognition and Remembrance Services requesting the Municipality of Clarington sponsor one of their trips to Europe in remembrance of the Canadian veterans who fought in the two World Wars, be received; THAT the Municipality of Clarington sponsor this committee in the amount of $120, with the funds to be taken from Contingency Account 7007-X-298; and THAT Pat Tierney be advised of Council's decision. nCARRIEDu Resolution #C-690-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the correspondence dated August 9, 1996 from Stuart Hartley, Canadian Soft Drink Association Vice-President, Ontario Region, regarding the Refillable Quota Regulations, be received for information. "CARRIED" Resolution #C-691-96 Moved by Councillor Scott, seconded by Councillor Pingle THAT the correspondence dated August 19, 1996 from William Tigert, Administrator/Clerk-Treasurer, Town of Fergus requesting endorsement of a resolution petitioning the Provincial Government to amend the Municipal Act to allow for an individual who is an undischarged bankrupt or insolvent to hold office, be received for information. "CARRIED" Resolution #C-692-96 Moved by Councillor Scott, seconded by Councillor Hannah THAT the correspondence dated August 20, 1996 from Brenda Chamberlain, MP, Guelph-Wellington requesting a motion of support for Bill C-302 which would establish an oath (or pledge) of allegiance to the !lag of Canada, be received; THAT the Council of the Municipality of Clarington endorse Bill C-302; and THAT Brenda Chamberlain, MP, Guelph-Wellington be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-l? Resolution reo Tile Drainage Act ClO.AD D - 21 Drink Smart Canada M06.GE D - 22 CUPE - Workfare S04.GE - 17 - September 16, 1996 Resolution #C-693-96 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated August 21, 1996 from Sandra Lloyd, Clerk, Township of Mariposa regarding a review of the Drainage Act, be received for information. "CARRIED" Resolution #C-694-96 Moved by Councillor Pingle, seconded by Councillor Scott THAT the correspondence dated August 9, 1996 from Paul Szabo, MP, Mississauga South requesting the Municipality of Clarington support "Drink Smart Canada I', be received for information. "MOTION LOST" Resolution #C-695-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 9, 1996 from Paul Szabo, MP, Mississauga South requesting the Municipality of Clarington support "Drink Smart Canada", be received; THAT thc national public education campaign called "Drink Smart Canada" be endorsed by the Council of the Municipality of Clarington; and THAT Paul Szabo he advised of Council's decision. "MOTION LOST' Resolution #C-696-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence dated August 9, 1996 from Paul Szabo, MP, Mississauga South requesting the Municipality of Clarington support "Drink Smart Canada", be tabled to the Council meeting scheduled to be held on September 30, 1996. "CARRIED" Resolution #C-697-96 Moved by Councillor Scott, seconded by Councillor Elliott THAT the correspondence dated August 14, 1996 from Patrick (Sid) Ryan, President, CUPE, regarding Workfare be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 23 Resolution re: Consultation Paper Ontario Building Code ClO.AD D - 26 Goodyear Canada Bowmanville Creek M04.GE - 18- September 16, 1996 Resolution #C-698-96 Moved by Councillor Novak, seconded by Councillor Elliott THAT the correspondence dated July 19, 1996 from Ron Maurice, Director of Council Services and City Clerk, City of York requesting endorsement of a resolution pertaining to adequate requirements for handicap access to building and enerhl)' conservation in the revised Building Code, be received; THAT thc resolution of the City of York be endorsed by the Council of the Municipality of Clarington; and THAT the Minister of Municipal Affairs and Housing and Ron Maurice be advised of Council's decision. "CARRIED" Resolution #C-699-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the correspondence dated August 7, 1996 from W.F. Hicks, Plant Manager, Goodyear Canada Inc., requesting the municipality's assistance in discouraging the local populace from swimming and/or diving in that area of Bowmanville Creek which has recently been dredged, be received; THAT the correspondence be referred to the Chief Administrative Officer to meeting with Mr. Hicks to discuss ways in which the municipality may be able to assist; THAT a copy of Mr. Hicks correspondence be forwarded to the Northumberland and Clarington Board of Education and the Peterborough-Victoria- Northumberland-Clarington Roman Catholic Separate School Board in order for the students to be educated about this concern; THAT the Chief Administrative Officer report back to the General Purpose and Administration Committee on this matter and addressing whether a by-law could reasonably be enacted to alleviate this concern; and THAT \V.F. Hicks be advised of Council's decision. "CARRIED" Correspondence Item D-33 was distributed to Council as a handout. . . . Council Minutes COMMUNICATIONS Forum on the Ganaraska Forest Financial Assis tance F11.CH D-7 Mosport Park Pl1.MO - 19 - September 16, 1996 Resolution #C-700-96 Moved by Councillor Scott, seconded by Councillor Hannah THAT the agenda for the Forum on the Ganaraska Forest, together with Niva Rowan's delegation pertaining to this matter, be received; THAT the Municipality of Clarington assist in sponsoring the forum in the amount of $250.00, such funds to be drawn from the Contingency Account 7007-X-298; and THAT Niva Rowan, SAGA, be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Yea Nav Absent Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre Councillor Dreslinski Resolution #C-701-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT the correspondence datcd August 6, 1996 from Clay Taylor, regarding the enforcement of by-laws during various activities which took place at Mosport during the summer of 1996, together with the correspondence dated July 12, 1996 from Gordon Mills regarding the cost to taxpayers due to the Edenfest Concert at Mosport Park and the correspondence dated July 24, 1996 from Nellie Mereweather regarding concerns with the Edenfest Concert, be received; THAT the items of correspondence be referred to the Chief Administrative Officer to he considered in conjunction with the final report of the Eden Musicfcst; and THAT Clay Taylor, Gordon Mills and Nellie Mereweatherbe advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS MOTION NOTICE OF MOTION RECESS - 20- September 16, 1996 Resolution #C-702-96 Moved by Councillor Pingle, seconded by Councillor Novak THAT the foregoing Resolution #C-70l-96 be amended by adding the following thereto: "and that the report prepared by the Chief Administrative Officer address what tasks staff performed and a breakdown of actual costs to the municipality. II "CARRIED" The foregoing Resolution #C-701-96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-703-96 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the Chief Administrative Officer report to the General Purpose and Administration Committee on a process of reporting all pending court cases and Ontario Municipal Board hearing dates that affect the municipality. lICARRIEDll Resolution #C-704-96 Moved by Councillor Pingle, seconded by Councillor Scott THAT Council recess for ten minutes. "CARRIED" The meeting reconvened at 9:05 p,m. COMMITTEE REPORTS Report #1 GPA Report of September 9/96 Resolution #C-705-96 Moved by Councillor Scott, seconded by Councillor Elliott THAT the General Purpose and Administration Committee Report of September 9, 1996, be approved. "CARRIED" . . . Council Minutes REPORTS Report #2 Courticc Community complex Financing (Debenturing) FOS.GE Report #3 Personnel Matter Report #4 Special Events Permit - Rodeo M02.GE - 21 - September 16, 1996 Resolution #C-706-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report TR-76-96 be received; THAT the By-law attached to Report TR-76-96 be approved; THAT thc By-law attached to Report TR-76-96 be forwarded to the Region of Durham for inclusion in their annual debenture requirements to be authorized at the September 18, 1996 meeting of Regional Council; and THAT lIpon completion of the Complex, interest be paid at the prevailing rates of interest from the Development Charge Reserve Funds to those reserve funds that are providing interim financing for the project until sufficient development charges are collected and the interim financing is repaid to those reserve funds. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre Councillor Dreslinski Resolution #C-707-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT Confidential Report CD-43-96 be referred to the end of the Agenda to be considered during an "In Cameral! session. "CARRIED" Report CD-47-96 was distributed to Council as a handout. Resolution #C-70S-96 Moved by Councillor Scott, seconded by Councillor Novak THAT Report CD-47-96 be received; . . . Council Minutes REPORTS Report #5 Heritage Designation Kirby United Church R01. Report #6 Orono Forestry Cen tIC D05.GE - 22- September 16, 1996 THAT an exemption from Sections 2a) and 3(1) of By-law 91-56 be granted to allow the Clerk to issue a Special Events Licence to the Kinsmen Club of Bowmanville for the staging of the Ontario Rodeo Championships to be held on September 20 and 21, 1996, upon receipt of all required documentation; and THAT Steve Cruickshank be advised of Council's decision. "CARRIED" Report CD-48-96 was distributed to Council as a handout. Resolution #C-709-96 Moved by Councillor Scott, seconded by Councillor PingIe THAT Report CD-48-96 be received; THAT the by-law attached to Report CD-48-96 be passed by Council; and THAT the Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, RS.O. 1990, c.O.18 and detailed within Report CD-48-96. "CARRIED" Report ADMIN-25-96 was distributed to Council as a handout. Resolution #C-710-96 Moved by Councillor Elliott, seconded by Councillor Novak THAT Report ADMIN-25-96 be received for information. "CARRIED" UNFINISHED BUSINESS Resolution #C-711-96 Moved by Councillor Novak, seconded by Councillor Elliott THAT Confidential Report TR-72-96 be referred to the end of the Agenda to be discussed during the "In Camera" session. "CARRIED" Council Minutes - 23- September 16, 1996 . BY-LAWS Rcsolution #C-712-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 96-156 96-157 96-158 96-159 96-160 . 96-161 being a by-law to designate a certain portion of Registered Plan 40M -1840 as not being subject to Part Lot Control; being a by-law to designate a certain portion of Registered Plan 40M-1839 as not being subject to Part Lot Control; being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle; being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington; being a by-law to amend By-law 89-173, a by-law respecting the appointment of a Chief Building Official and Building Inspectors; being a by-law to authorize the execution of an Offer to Lease Agreement between the Corporation of the Municipality of Clarington and Claude Miller in respect of a lease of premises situated at 247 King Street East, Newcastle, Ontario; 96-162 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Ltd., Oshawa, Ontario, for the Fourth Street and Scugog Street Sidewalk Construction; 96-164 being a by-law to designate the property known for municipal purposes as 6966 Highway 35/115, Part Lot 25, Concession 7, former Township of Clarke, as a property of historic or architectural value or interest under the Ontario Heritage Act; and 96-165 being a by-law to amend By-law 92-105, which imposed development charges. "CARRIED" Resolution #C-713-96 Moved by Councillor Hannah, seconded by Councillor Pingle . THAT leave be granted to introduce By-law 96-163, being a by-law to authorize the debenturing of $1,055,000 to assist in the construction of the Courtice Community Centre located at Concession 2, Part Lot 29, now RP104-2447, Part 1 to 6, former geographic Township of Darlington, in the Municipality of Clarington, and that the said by-law be now read a first time. "CARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Durham Region Tourist Assoc. D06.GE - 24- September 16, 1996 Resolution #C-714-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT By-law 96-163 be amended by deleting the words "from current revenue" in paragraph 2(b) and replaced with the words "as identified in Report TR-76-96", and that the said by-law be now read a second time. "CARRIED" Resolution #C-715-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the third and final reading of By-laws 96-156 to 96-165 inclusive, be approved. "CARRIED" Resolution #C-716-96 Moved by Councillor Hannah, seconded by Councillor Elliott WHEREAS both the Region and the area municipalities have recognized the significance of tourism in our local economy; WHEREAS the Region has in the past, assisted local tourist operators in marketing and promotion; WHEREAS despite the Region's effort, some visitors continue to experience difficulty in finding certain attractions in the Municipality of Clarington; NOW THEREFORE the Council of the Municipality of Clarington enact as follows: "THAT the Region of Durham be requested to work with the Durham Region Tourist Association and the area municipal staff to develop and implement a program that would provide uniform, clear directional signage within the Regional road system." "CARRIED" . . . Council Minutes OTHER BUSINESS Clarington Official Plan D25.CL - 25- September 16, 1996 Resolution #C-717 -96 Moved by Councillor Hannah, seconded by Councillor Elliott WHEREAS Section 5.3.14 of the Durham Region Official Plan requires area municipal official plan shall only designate a 15 - 20 year supply of land for development; WHEREAS Section 5.3.14 was added by the Minister as a modification to the Durham Region Official Plan under the then Provincial Policies of Bill 163; WHEREAS the said requirement compels the Municipality of Clarington all other area municipalities in its Official Plan, to delineate a limit between a 20 year and a 30 year designated Employment Area; WHEREAS the Municipality of Clarington feels strongly that such a requirement is imposing undue restriction on the development potential and opportunities of all employment areas contrary to the goals of both the Region and all area municipalities to develop the Region to its fullest economic potential; WHEREAS the current Provincial Policies under Bill 20 no longer prohibits local Officiall'lan to designate supply of land beyond 20 years; and WHEREAS Section 5.3.14 is now considered obsolete and counter-productive to the economic well being of the Region and the area municipalities; NOW THEREFORE, the Council of the Municipality of Clarington enacted as follows: 1. THAT the Region of Durham is hereby requested to initiate an amendment to its Official Plan to delete Section 5.3.14 and/or amend all applicable policies that would require the area municipalities to designate only up to a 20 year supply of Employment Area land; and 2. THAT the said resolution be circulated to all area municipalities in Durham Region for their support. "CARRIED" Resolution #C-718-96 Moved by Councillor Pingle, seconded by Councillor Scott THAT the Municipality of Clarington participate in the ceremony in honour of Jim Shaw, Gold Medalist in the Discus Throw at the Paralympics. "CARRIED" . . . Council Minutes OTHER BUSINESS - 26- September 16, 1996 Resolution #C-719-96 Moved by Councillor Pingle, seconded by Councillor Hannah THAT the delegation of David Lawson be received; THAT the delegation be referred to the Chief Administrative Officer to review with all Departments and report back to the General Purpose and Administration Committee on an effort of co-ordination and setting up a Bowmanville Valley Creek Lands Committee; and THAT David Lawson be advised of Council's decision. "CARRIED" Resolution #C-720-96 Moved by Councillor Novak, seconded by Councillor Scott THAT the delegation of Judy Mitchell, Reverend Russell, Gillian Mann and Cheryl Whalen, regarding Workfare, be received; and THAT these individuals be advised of the public meeting which the Regional Municipality will be holding to address this issue. "CARRIED" Resolution #C-721-96 Moved by Councillor Novak, seconded by Councillor Elliott THAT the meeting be "In Camera" lICARRIED" Resolution #C-722-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the decisions made during the "In Camera" session. be ratified. nCARRIEDlI Resolution #C-723-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 96-155 being a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and Mosport Park Limited, pursuant to the provisions of Section 8 of the Municipal Tax Sales Act; and . . . Council Minutes OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT - 27- September 16, 1996 96-166 being a by-law to authorize the execution of an Agreement with the City of Oshawa, Newcastle III Limited Partnership and Stolp Homes (Newcastle) Developers Inc., referrable to Draft Plans of Subdivision 18T-89037 and 18T-95023. "CARRIED" Resolution #C-724-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the third and final reading of By-laws 96-155 and 96-166 be approved. "CARRIED" Resolution #C-725-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT leave be granted to introduce By-law 96-167, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 16th day of September 1996, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-726-96 Moved by Councillor Hannah, seconded by Councillor Pingle THAT the third and final reading of By-law 96-167 be approved. "CARRIED: Resolution #C-727-96 Moved by Councillor Scott, seconded by Councillor Elliott THAT the meeting adjourn at 10:21 p.m. "CARRIED" ,/tf//.~~/~L MAYO ~~Jk~