HomeMy WebLinkAbout01/19/2004
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
January 19, 2004
Minutes of a regular meeting of Council
held on January 19, 2004, at 7:00 p.m.,
in the Council Chambers
Councillor Schell led the meeting in prayer.
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Ping Ie
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 9:00 p.m.)
Director of Community Services, J. Caruana (attended until 9:00 p.m.)
Director of Emergency Services/Fire Chief, M. Creighton
(attended until 9:00 p.m.)
Director of Planning Services, D. Crome (attended until 9:36 p.m.)
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 9:00 p.m.)
Director of Corporate Services, M. Marano (attended until 9:00 p.m.)
Director of Finance/Treasurer, N. Taylor (attended until 9:00 p.m.)
Administrative Assistant to the Clerk, H. Keyzers
(attended until 9:00 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Trim indicated that he would be disclosing a pecuniary
interest with respect to Correspondence Item D - 1 and Report #4.
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MINUTES
PRESENTATIONS
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January 19, 2004
Resolution #C-001-04
Moved by Councillor Foster, seconded by Councillor Pingle
THAT the minutes of a regular meeting of Council held on
December 15, 2003, be approved.
"CARRIED"
Mayor Mutton presented Councillor Schell with a certificate
acknowledging his retirement from St. Marys Cement.
Mayor Mutton presented plaques to the following Members of the
Sports Hall of Fame Committee in recognition of their hard work in
bringing the inaugural Sports Hall of Fame even together:
Gail Preston
Seth "Snuffy" Hunt
Skip Crosby
Ray Bester
Brad Kelly
Bill Humber also receiving a plaque but was unable to attend
tonight's meeting.
Glen Turpin appeared on behalf of Rob Taylor, 193 Sandringham
Drive, Courtice, L 1 E 2A3, providing Council with an update on
OVERT. Mr. Turpin noted that OVERT has been based in Durham
Region for 12 years and over the past years the organization has
developed intensively. The group includes 160 members including
emergency services personnel. Over the past year 6700 man-
hours have been worked in the Durham Region on various causes
including SARS, search and rescues and special events. Their first
official mandate for the Durham Regional Police Department was in
1996 and their mandate is to be fully integrated with emergency
services but not to duplicate any services. The team is broken
down into medical response team, canine unit, marine unit and
logistical support. Mr. Turpin thanked Council for their assistance
over the past years.
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Council Minutes
DELEGATIONS
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January 19, 2004
Peter Jobe, Fire Prevention Advisor, Office of the Fire Marshal,
2284 Nursery Road, Midhurst, LOL 1XO, appeared before Council to
present the Municipality of Clarington with a Certificate of
Compliance for fire prevention. The new Fire Protection Act
established in 1997 defines new duties and responsibilities of the
Ontario Fire Marshal. The Act ensures that municipalities are
meeting the public's basic needs. The survey which was
completed established that the Clarington Emergency Services
Department is a well managed department. Fire inspections are
done on a routine basis, door to door safety campaigns are
undertaken, they are an active member of the Public Safety
Council, they have undertaken the Master Fire Plan, on going risk
assessment, residential home inspections, and they have
partnerships to deliver public information programs. Clarington was
surveyed as a very progressive and participatory department.
Linda Gasser, P.O. Box 399, 7421 Best Road, Orono, LOB 1 MO,
appeared before Council to address Report PSD-008-04 and three
key issues related to Stewardship Initiatives as follows:
. Privately owned lands;
· Parkland dedication for development applications; and
· Environmental Advisory Committees.
The vast majority of environmentally sensitive areas and natural
heritage features in the municipality are in private ownership. The
Municipality has a key role to play in connecting private landowners
with the numerous organizations who are willing to provide funding.
The Municipality must be more consistent in requiring that
parklands be conveyed by developers to either the Municipality or
the Conservation Authority as applications come up for approval.
There are several individuals who should have been identified as
parties interested in the Environmental Advisory Committee issue
and advised that a report was being written. Ms. Gasser noted to
Council how beneficial an Environmental Advisory Committee
would be for staff and Council.
Susan Daniel, York Region Printing, 1183 Ringwell Drive,
Newmarket, L3Y 7V1, appeared before Council regarding Report
COD-044-03. Ms. Daniel noted that York Region Printing has been
in business for 40 years and that they are an integrated company
with good service. They submitted their best prices on
RFP-2003-14 and now hope Council will adopt the
recommendations contained in the report.
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DELEGATIONS
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Alice Thom, 56 Monck Street, Kendal, LOA 1 EO, was called but was
not present.
Resolution #C-002-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the meeting be "closed" to consider Confidential Report
CLD-01-04 pertaining to a personnel matter.
"CARRIED"
Resolution #C-003-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken during the "closed" session of Council be
ratified.
"CARRIED"
Resolution #C-004-04
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the communications to be received for information, be
approved with the exception of Item I - 5.
"CARRIED"
Minutes of the Ganaraska Region Conservation Authority meeting
dated December 11, 2003.
(Received for Information)
John O'Toole, MPP, Durham, providing Council with a copy of The
Honourable Harinder Takhar, Minister of Transportation, reply
regarding Highway 407 being a key priority and that the Scugog
Council resolution concerning the eastward extension of Highway
407 will be considered as the Highway 407 East Completion Project
is reviewed.
(Received for Information)
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January 19, 2004
Yves Ducharme, President, Federation of Canadian Municipalities,
requesting Mayor Mutton to call or meet with the local Members of
Parliament during the week of December 9 regarding Paul Martin's
commitment to a New Deal for Canadian cities, towns and villages.
The Federation of Canadian Municipalities is looking for progress
on four key points: The appointment of a senior minister; a cabinet
committee to spearhead change; a clear commitment to the New
Deal in the upcoming Speech from the Throne; and action of the
fiscal plan in the Spring Budget.
(Received for Information)
John O'Toole, MPP, Durham, providing Council with a copy of the
Minister of the Environment's letter regarding Public Health and
Safe Drinking Water. Minister Dombrowsky makes several
commitments, including the establishment of an Expert Scientific
Panel and a Sound-Sorb web link that will help all interested parties
keep up-to-date on the latest Sound-Sorb information. The Minister
adds that the Ministry is continuing to undertake additional testing
and studies to further ensure there are no adverse effects
associated with materials containing paper fibre biosolids.
(Received for Information)
P.M. Madill, Regional Clerk, Region of Durham, advising Council
that the Region of Durham on December 17, 2003, passed the
following resolution:
"a) THAT a 2004 Interim Regional Tax Levy be imposed
on the Area Municipalities for all property tax classes;
b) THAT the amount due from each Area Municipality be
equivalent to 50% of their respective share of the
Regional Taxes collected in 2003;
c) THAT the 2004 Interim Regional Tax Levy be paid by
the Area Municipalities seven days subsequent to the
installment due dates established by each Area
Municipality for the collection of their respective
interim municipal property taxes;
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d) THAT the Regional Clerk be requested to advise the
Area Municipalities of the imposition of the 2004
Interim Regional Tax Levy for all property tax classes;
and
e) THAT the requisite by-law be approved."
(Received for Information)
P.M. Madill, Regional Clerk, Region of Durham, advising Council
that the Region of Durham on December 17, 2003, passed the
following resolution:
"a) THAT the resolution of the Municipality of Clarington
regarding a Public Inquiry into the Ministry of
Environment be endorsed; and
b)
THAT the Municipality of Clarington, the Premier of
Ontario, the Minister of the Environment, Durham
Region's MPP's, all municipalities within the Region of
Durham and Protect the Ridges, be so advised."
(Received for Information)
John Stephenson, writing to Linda Keene, President and CEO,
Canadian Nuclear Safety Commission, asking that radon-222 and
its daughters be excluded from Regulation 19 g (ii) of the
Consolidated Regulations under the Canadian Environmental
Assessment Act. Recent calculations of the inventory of radio-
nuclides at the Port Granby Low-Level Radioactive Waste
Management Facility (LLRWMF), by the proponent of the project to
build a waste storage facility at Port Granby to hold the waste for a
period of at least 500 years, exclude radon and its daughters with
T1/2>1 year, based on the exclusion in clause 19 g (ii) B of the
Canadian Environmental Assessment Act regulations.
(Received for Information)
John Stephenson, writing to The Honourable David Anderson,
Federal Minister of the Environment, providing him with a copy of a
letter from Dr. Peter Brown, Director of the Uranium and
Radioactive Waste Division of NRCan. Mr. Stephenson believes
that Dr. Brown is incorrect when he claims that the option to
excavate the wastes stored at Port Granby and move them to a
new location, is an 'alternate means' of carrying out the project.
(Received for Information)
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January 19, 2004
Betty Irving, Committee Co-Chair, Bowmanville Santa Claus
Parade, thanking Council and staff for all their support this year.
(Received for Information)
Bruce Taylor, City Clerk, City of Pickering, advising Council that the
City of Pickering appointed Mayor David Ryan to the Canadian
Association of Nuclear Host Communities for a term to expire on
November 30, 2006. Councillor Mark Holland was appointed as the
Mayor's alternate for the same term.
(Received for Information)
Minutes of the Clarington Public Library meeting dated
November 26, 2003.
(Received for Information)
Minutes of the Clarington Accessibility Advisory Committee meeting
dated December 4, 2003.
(Received for Information)
Greg Sorbara, MPP, Vaughan-King-Aurora, advising Council that
he is looking forward to working together to inspire a new
generation of economic growth in Ontario, strengthen public
education, improve health care, grow vibrant communities, protect
the environment and ensure that the magnificent cultural diversity is
reflected.
(Received for Information)
G. Glenn Case, Director, Port Hope Area Initiative, Low-Level
Radioactive Waste Management, responding to John Stephenson's
letter dated November 14, 2003. Mr. Case notes that they
appreciate Mr. Stephenson's compliments on the exhibits and
staffing at Expo 03. The geology and groundwater presentation
prepared for Expo 03 was based on a working draft report and was
intended to provide a good general overview of the kind of studies
being carried out for the Environmental Assessment. The results
were preliminary and may need some corrections. Mr.
Stephenson's example of information on the elevation of the Middle
Till in the vicinity of the East Gorge will be checked very carefully.
(Received for Information)
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January 19, 2004
Federation of Canadian Municipalities, providing Council with the
following points should Council be requested to comment on the
new federal team:
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Swearing in of Paul Martin as Canada's 2151 Prime Minister
is good news for Canada's municipalities;
The new Prime Minister has demonstrated his strong
commitment to a New Deal for municipalities by naming
John Godfrey as Parliamentary Secretary to the Prime
Minister with special emphasis on cities;
This makes the New Deal a Prime Ministerial responsibility
and speaks to the Prime Minister's deep commitment to
Canada's municipalities. With the Prime Minister's backing,
Mr. Godfrey will have the clout needed to lead the process
effectively;
They are also encouraged by the appointment of Andy Scott
as Minister of State for Infrastructure. This demonstrates the
Prime Minister's strong commitment to dealing with
Canada's growing infrastructure deficit, a problem that
affects both the quality of life and productivity;
Delivering the New Deal will require a high degree of
cooperation and coordination - and patient negotiation -
among federal and provincial/territorial/municipal
governments.
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(Received for Information)
Association of Municipalities of Ontario, advising Council that the
one-year moratorium on certain water taking permits and the next
phase in the preparation of a source protection framework has
been announced. The moratorium prohibits the issuance of new or
expanding permits for:
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Beverage manufacturing, including the manufacturing or
production of bottled water or water in other containers;
Fruit or vegetable canning or pickling;
Ready-mix concrete manufacturing;
Aggregate processing where the aggregate and the water
taken are incorporated into a product in the form of a slurry;
and
The manufacturing or production of products where more
than a total of 50,000 litres of the water that is taken, is or
will be incorporated into a product on any day in the normal
course of manufacturing or producing the product.
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January 19, 2004
COMMUNICATIONS
The moratorium would not apply to:
. Water taken for agricultural purposes, including aquaculture,
nurseries, tree farms and sod farms;
· Water taken for municipal water supplies or sewage
treatment plants;
. Dewatering of pits and quarries, and aggregate washing;
· Renewals of existing permits for the same volume from the
same location and for the same purpose;
· Existing permits to take water. However, the amount of
water a permit holder may take will be frozen at the current
amount of water being taken. Therefore, permits that allow
for an increase for future water takings will be revoked and
new permits will be issued to implement the freeze.
(Received for Information)
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John Gerretsen, Minister of Municipal Affairs, Minister Responsible
for Housing, Minister Responsible for Seniors, advising Council that
their application for financial assistance under the Ontario
government's Severe Acute Respiratory Syndrome (SARS)
Municipal Assistance Program has been approved. In recognition
of the costs incurred by the municipality, the Province will make an
electronic payment of $485.63.
(Received for Information)
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Greg Sorbara, Minister of Finance and John Gerretsen, Minister of
Municipal Affairs, announcing the release of the 2004 Community
Reinvestment Fund (CRF) allocations. The McGuinty government
is providing $618 million to municipalities through the 2004 CRF,
including continuation of the $12 million Stabilization Bonus. This is
an increase of $24 million over grants announced for 2003.
Continuation of the Stabilization Bonus will ensure that
municipalities' 2004 CRF funding is at least at the same level as
their 2003 funding. Municipalities will also receive $50 million in
CRF adjustment payments for 2002 program costs and updated
2003 payments. Staff will receive additional information on
Clarington's 2004 CRF allocation shortly.
(Received for Information)
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Minutes of the Newcastle Village Business Improvement
Association meeting dated December 9, 2003.
(Received for Information)
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Minutes of the Newcastle Community Hall Board meeting dated
December 16, 2003.
(Received for Information)
Barbara Mullally Pauly, Senior Chief, Housing Programs, Office of
Energy Efficiency, Natural Resources Canada, providing Council
with a brochure about the EnerGuide for Houses service and
grants.
(Received for Information)
John Gerretsen, Minister of Municipal Affairs, writing to Council to
provide the requirements for reporting under the 2003 Municipal
Performance Measurement Program (MPMP). The 2003 MPMP
measures remain largely the same as those used for the year 2002.
The MPMP Advisory Committee has recommended that the
program remain stable for this fourth year while technical
committees work to expand the program for the 2004 reporting
year.
(Received for Information)
Nestor Chronobay, Director, Strategic Planning Branch, advising
Council that the Durham Regional Planning Committee on
December 9, 2003, passed the following resolution regarding the
Update on Initiative to Develop a Greater Toronto Area Agricultural
Action Plan:
"a) THAT Commissioner's Report No. 2003-P-1 05 be
received for information; and
b) THAT a copy of Commissioner's Report No. 2003-P-
105 be forwarded to the Area Municipalities and the
Durham Agricultural Advisory Committee (DAAC) for
information."
Resolution #C-005-04
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Correspondence Item 1-5 be copied to the Agricultural
Advisory Committee.
"CARRIED"
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January 19, 2004
Correspondence Item D - 12 was circulated as a handout.
Resolution #C-006-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Correspondence Items be approved as per the agenda,
with the exception of Items D - 1 , D - 3 and D - 5 to D - 11,
inclusive.
"CARRIED"
Dianne McKenzie, Executive Director, Epilepsy Durham Region,
requesting Council to proclaim the month of March 2004 as
Epilepsy Awareness Month. Residents in the municipality and
across Ontario will be acknowledging their organization by wearing
lavender ribbons to show their commitment to improving the quality
of life for those living with a seizure disorder.
(Proclaimed)
Irv Harrell, advising Council that the most critical component
of Private Land Stewardship is missing from Report CSD-01-
04. Private Land Holdings are the largest land mass within
the Municipality of Clarington and unfortunately in the report
is totally ignored. Private Land Stewardship is the future of
Environmental Protection. Mr. Harrell is requesting that the
following resolution be passed by Council:
"THAT the Manager of Special Projects continue to
investigate potential Stewardship Initiatives and
partnerships with land owners and community groups
and report to Council on further actions that have or
could be undertaken."
(Correspondence referred to Item
#10 of Report #1)
Councillor Trim stated a pecuniary interest pertaining to
Correspondence Item D - 1 , vacated his seat and refrained from
discussion and voting on the matter. Councillor Trim is a board
member of the Orono Masonic Lodge.
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Victor Harrison, Vice President and Senior Warden, Orono Masonic
Hall #325, advising Council that they have the opportunity to
purchase the Orono Masonic Lodge building prior to it being listed
with a real estate agent. Mr. Harrison requests a written reply no
later than Wednesday, January 21, 2004.
Resolution #C-007-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT Mr. Harrison be advised of actions taken with respect to
Report PSD-009-04.
"CARRIED"
Eva Ligeti, Executive Director, The Clean Air Partnership, providing
Council with a copy of their 58-page summary of what 10 towns, 1
municipality, 6 cities, 4 regions, 4 federal government departments
and 2 provincial ministries are doing to improve air quality in the
Greater Toronto Area. They are inviting government leaders to
consider the numerous initiatives that are already underway in the
GTA to reduce air pollution and improve efficiency. Clarington's
support for the GTA - Clean Air Council (GTA-CAC) in working
cooperatively to improve the air we breathe is crucial because by
sharing ideas and best practices, GTA-CAC members are
developing solutions to improve regional air quality, and protect
public and environmental health. Ms. Ligetia requests that Council
note June 21, 2004, as the 51h annual Smog Summit.
Resolution #C-008-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 2 be referred to the Director of
Planning and Development.
"CARRIED"
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January 19, 2004
John O'Toole, MPP, Durham, writing to The Honourable David
Ramsay, Minister of Natural Resources, regarding a letter from Eric
Atkins pertaining to hunting issues in Clarington. Mr. Atkins writes
of the need to resolve the various jurisdictions (Police, By-law
Officers, and Ministry of Natural Resources personnel) who each
have responsibilities concerning the enforcement of laws governing
hunting.
Resolution #C-009-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 3 be referred to the Municipal
Clerk.
"CARRIED"
Kimberley Kitteringham, Deputy City Clerk, City of Oshawa,
advising the Regional Municipality of Durham that the City of
Oshawa on December 15, 2003, passed the following resolution:
"THAT whereas it has been raised at Regional Council that
the Town of Whitby has concerns with its level of elected
representation on the Council of the Regional Municipality of
Durham;
AND WHEREAS these concerns may be shared by other
municipalities;
AND WHEREAS the growing population of the Town of
Whitby and the City of Pickering would seem to warrant
additional representation on the Regional Council;
AND WHEREAS additional seats may allow for the
opportunity for changes to the committee system without
drastic changes to all committees;
AND WHEREAS it would be problematic to reduce the
current representation of municipalities within the Council to
accommodate this population growth;
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January 19, 2004
AND WHEREAS the Council of the City of Oshawa respects
the concerns raised by the Town of Whitby and wishes in a
spirit of cooperation to offer a resolve for Regional Council's
consideration;
THEREFORE BE IT RESOLVED THAT the City of Oshawa
supports the addition of two seats to the current
representation on the Council of the Regional Municipality of
Durham bringing the total of Regional Council representation
to 30 plus the Regional Chair, and that these two seats are
apportioned one to the Town of Whitby and one to the City of
Pickering;
THAT the additional seats be added at a time to be chosen
by the Regional Council but no later than the end of the
current term of Regional Council;
THAT the City continue to support the current representation
in the City of Oshawa, Municipality of Clarington, Town of
Ajax and Townships of Scugog, Uxbridge and Brock; and
THAT a copy of this resolution be sent to the Regional
Council for immediate consideration and copies be sent to
the Councils of our partner municipalities for their
information."
Resolution #C-01 0-04
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT Correspondence Item D - 5 be received for information.
"CARRIED"
Martha Rutherford Conrad, Administrator, Clarington Museums and
Archives, advising Council that the Clarington Museum Transitional
Board on October 22, 2003, passed the following resolution:
"THAT the Clarington Museum Transitional Board requests
permission from Council to provide a name for the building at
62 Temperance Street."
In order to do so they would like to set up a Name Selection
Committee.
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Resolution #C-011-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Item D - 6 be referred to staff.
"CARRIED"
Nancy Noel, requesting Council to consider creating a day to
honour Dr. Ross Tilley, who served as a plastic surgeon in the
RCAF during World Ward II and went on to become a pioneer in
reconstructive surgery. It seems a shame that such a great
emphasis is placed on sport stars and such little attention to war
time heroes. Dr. Tilley went to East Grinstead in England to act as
surgeon-in-chief at the Queen Victoria Hospital. The burns that the
Battle of Britain airmen suffered were most frequently facial and
hand burns. Dr. Tilley was in charge of the Canadian ward and that
unit had one of the highest rates of recovery. Following the war, he
returned and taught Canada's first undergraduate course in plastic
surgery. The burn unit at the Wellesley Hospital in Toronto was
named in his honour. Dr. Tilley was awarded the Order of the
British Empire, and was also awarded the Order of Canada on April
21,1982.
Resolution #C-012-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Correspondence Item D - 7 be referred to the Mayor's office
for reply.
"CARRIED"
Brian W. Knott, City Solicitor/Clerk, City of Sarnia, advising Council
that the City of Sarnia on December 15, 2003, passed the following
resolution:
"THAT Sarnia City Council ask the new McGuinty
government to immediately review the current assessment
system and to correct a number of the injustices that are
occurring and to immediately review the so-called "tax
fairness legislation" that is mandating communities to shift
the tax burden from multi-residential industrial commercial to
residential; and
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THAT this resolution be sent to the Association of
Municipalities of Ontario, MPAC, the Institute of Municipal
Assessors and all Ontario municipalities for endorsement
and support."
Resolution #C-013-04
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Correspondence Item D - 8 be referred to the Director of
Finance/Treasurer.
"CARRIED"
Brian W. Knott, City Solicitor/Clerk, City of Sarnia, advising Council
that the City of Sarnia on December 15,2003, passed the following
resolution:
"THAT Sarnia City Council request the Minister of Finance to
undertake a review of MPAC's role and responsibility with a
view, in particular, to improve the quality of assessment
service delivered and to improve customer service, and that
Caroline Di Cocco, the City's MPP, be provided with a copy
of this correspondence with a request for her support; and
THAT this resolution be sent to the Association of
Municipalities of Ontario, MPAC, the Institute of Municipal
Assessors and all Ontario municipalities for endorsement
and support."
Resolution #C-014-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the resolution from the City of Sarnia regarding MPAC's role
and responsibility be endorsed by the Council of the Municipality of
Clarington.
"CARRIED"
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January 19, 2004
Carol Grylls, Committee Secretary, Region of Durham, advising
Council that the Region of Durham on December 9, 2003, passed
the following resolution:
'THAT Report No. 2003-P-1 04 of the Commissioner of
Planning be referred to the area municipal councils for
confirmation of the appointment of their respective member
to the Durham Agricultural Advisory Committee and the
Durham Environmental Advisory Committee."
Resolution #C-015-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D - 10 be referred to the Municipal
Clerk to place an advertisement in the local newspaper.
"CARRIED"
Neil Verbeek and Mike Roy, providing Council with a petition
containing 42 signatures requesting a change of public meeting
time from Monday, January 26,2004 at 9:30 a.m. to an evening
time of 7:00 or 7:30 p.m. Many residents work during the day, and
as many as possible would like to be able to attend the public
meeting forum, which would allow them to give input with the
subdivision developer, CLOCA, Council Members and other
representatives present at the public meeting. They feel the
meaning exchange they hope to have cannot happen at a regular
Council meeting.
Resolution #C-016-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Correspondence Item D - 11 be received; and
THAT the lead petitioner be advised that they have four
opportunities to address Council prior to the passing of the by-law.
"CARRIED"
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January 19, 2004
Resolution #C-017-04
Moved by Councillor Schell, seconded by Councillor Ping Ie
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 8:02 p.m.
NOTICE OF MOTION
Resolution #C-018-04
Moved by Councillor Pingle, seconded by Councillor Trim
WHEREAS at its meeting held on June 2, 2003, Council
adopted a policy to address gate access to municipal open
space;
AND WHEREAS the policy does not allow for gate access
where private properties abut natural open space areas such
as valley lands, woodlots or storm water ponds;
AND WHEREAS Gate Requests have been received from
Mr. James Tower, 105 Galbraith Court and from Ms. Tiffany
Recoski, 109 Galbraith Court, to install gates in their fences
to allow access to their rear yards with lawn and garden
equipment;
AND WHEREAS these requests have been denied by the
Director of Engineering as they do not meet the
requirements outlined in the policy adopted by Council;
NOW THEREFORE BE IT RESOLVED THAT the Gate
Access to Municipal Open Space policy be waived in these
instances as the homeowners do not have access to their
back yards except through their houses, provided the gates
are constructed in accordance with municipal standards.
"CARRIED"
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Council Minutes
REPORTS
Report #1
G.P.A. Report
Jan. 12,2004
Report
PSD-005-04
Greenbelt
Protection Act
Report
CSD-01-04
Coffee Kiosk
- 19-
January 19, 2004
Resolution #C-019-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee Report
of January 12, 2004, be approved with the exception of Item #7,
#11 and #16 d).
"CARRIED"
Resolution #C-020-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report PSD-005-04 be received for information; and
THAT the applicants affected be notified.
"CARRIED"
Resolution #C-021-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report CSD-01-04 be received;
THAT the Community Services Department extend the Library
Coffee Kiosk pilot project for a further six months; and
THAT the Clarington Public Library Board be advised of the
decision.
"CARRIED"
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Council Minutes
REPORTS
Appointments
Clarington
Highway 407
Advisory
Committee
Report #2
2004 CRF
Allocation
Report #3
Lease by
CLOCA
- 20-
January 19, 2004
Resolution #C-022-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the following individuals be appointed to represent Ward 2 on
the Clarington Highway 407 Advisory Committee; and
THAT the appropriate By-law be approved:
Fred Biesenthal
Johanna deBoer.
"CARRIED"
Resolution #C-023-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report FND-001-04 be received;
THAT the Province be notified that the Municipality of Clarington
intends to use the 2004 CRF allocation for the benefit of taxpayers
by using it to offset the tax levy; and
THAT the Municipality accepts the terms and conditions set forth by
the Ministry of Finance with respect to the CRF allocation.
"CARRIED"
Resolution #C-024-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Council receive Report EGD-03-04; and
THAT Council pass a by-law to authorize the Mayor and Municipal
Clerk on behalf of the Municipality of Clarington to execute the First
Amending Agreement to the Lease by CLOCA to the Municipality
dated January 1, 2000, of the Central Bowmanville Valley Lands,
the Forest Lands, Boat Ramp and Associated Lands to provide for
two additional rights of renewal of the Lease for five years each
exercisable on January 1, 2020 and January 1, 2025, respectively.
"CARRIED"
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Council Minutes
REPORTS
Report #4
Orono Masonic
Lodge
Report #5
Various
Boards
- 21 -
January 19, 2004
Councillor Trim stated a pecuniary interest with respect to Report
#4, vacated his seat and refrained from discussion and voting on
the matter. Councillor Trim is a board member of the Orono
Masonic Lodge.
Resolution #C-025-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Report PSD-009-04 be referred back to staff for one week to
allow for consultation with the Director of Planning Services.
"CARRIED"
Resolution #C-026-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Confidential Verbal Report of the Director of Planning
Services pertaining a property matter be referred to the end of the
agenda to be considered during a "closed" session of Council.
"CARRIED"
Resolution #C-027-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report CLD-02-04 be received;
THAT the composition of the Clarington Museums and Archives
Board be amended and the appropriate by-law be forwarded to
Council;
THAT the membership of the Clarington Traffic Management
Advisory Committee be amended and the revised Constitution
attached to Report CLD-02-04 be adopted; and
THAT the Terms of Reference of the Clarington Highway 407
Community Advisory Committee be amended as outlined in Report
CLD-02-04 and adopted as amended.
"CARRIED"
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Council Minutes
- 22-
January 19, 2004
UNFINISHED BUSINESS
OTHER BUSINESS
Boards and
Committees
Update
Resolution #C-028-04
Moved by Councillor Trim, seconded by Councillor Pingle
THAT Report COD-044-03 be referred to later in the agenda to be
considered during a "closed" session of Council.
"CARRIED"
Resolution #C-029-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Glen Turpin be thanked for his presentation to Council
regarding OVERT.
"CARRIED"
Resolution #C-030-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Peter Jobe, Fire Prevention Advisor, Office of the Fire
Mashal, be thanked for his presentation; and
THAT a letter be sent to the Emergency Services Department
thanking them for their dedication.
"CARRIED"
Resolution #C-031-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the delegation of Linda Gasser be referred to the Director of
Planning Services.
"CARRIED"
Councillor Robinson advised Council of a fund raising dance
being held on March 6, 2004, at the Kendal Community Centre.
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Council Minutes
- 23 -
January 19, 2004
OTHER BUSINESS
Regional Update Mayor Mutton advised Council that he attended a retreat last week
with the Region of Durham. Discussion took place regarding
budgetary pressures, especially services that are directly paid for
by the residents. The Regional Budget is starting with a 1.5%
increase. He noted pre-1995 most Councils were coming in at 0%
increase; now the increases are caused by downloading.
At the retreat a presentation pertaining to the new waste system
was received. Mayor Mutton noted that Clarington has the highest
diversion rate with the new blue box, leaf and yard and green bin
waste programs. The Townships of Brock, Scugog and Uxbridge
are at a 38% to 39% diversion rate. They also discussed
investigating an energy waste facility in the future. The Mayor
noted that they all recognize the pressure Clarington is under from
downloading. The tax increase needs to be as little as possible
without eroding our services. An investment of 1 % per year needs
to be made towards the Regional Budget for roads.
The Mayor noted an overwhelming response that Regional transit is
the way to go. He was encouraged that the City of Oshawa was
speaking favourably for downloading the transit system to the
Region.
He provided an overview of a presentation related to Regional
representation.
OTHER BUSINESS
Resolution #C-032-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the meeting be "closed" to consider legal matters related to
Report COD-44-03.
"CARRIED"
The meeting reconvened in "open" session at 8:55 p.m.
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Council Minutes
OTHER BUSINESS
- 24-
January 19, 2004
Resolution #C-033-04
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report COD-044-03 be lifted from the table.
"CARRIED"
Resolution #C-034-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the Request for Proposal - RFP-2003-14, for Supply and
Distribution of the Clarington Community Guide, Victors Guide,
Municipal Directory, Annual Report, Annual Report to Citizens,
Transit Schedules, Transit Tickets, Post Cards, Customer Services
Cards and Planning Brochures be reissued.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Declaration of
Pecuniary
Council Member Yea Nav Interest Absent
Councillor Foster X
Councillor MacArthur X
Councillor Pingle X
Councillor Robinson X
Councillor Schell X
Councillor Trim X
Mayor Mutton X
Resolution #C-035-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Council recess for five minutes after which time the meeting
be "closed" to consider a property matter.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 25 -
January 19, 2004
Resolution #C-036-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the actions taken during the "closed" session of Council be
ratified.
"CARRIED"
Resolution #C-037-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Procedural By-law 95-55 be suspended to allow for the
introduction of a new motion at this time.
"CARRIED"
Resolution #C-038-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT, in accordance with Section 283 of the Municipal Act, 2001,
the rate of remuneration for the Mayor be increased by $10,000
annually;
THAT the rate of remuneration for the Members of Council be set at
40% of the Mayor's rate;
THAT a policy for paying severance remuneration to current and
future Members of Council, which mirrors the policy of the Regional
Municipality of Durham, be approved; and
THAT the appropriate by-laws be forwarded to Council for adoption.
"CARRIED"
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Council Minutes
BY-LAWS
- 26-
January 19, 2004
Resolution #C-039-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-001 to
2004-033, inclusive and that the said by-laws be now read a first
and second time:
2004-001
being a by-law to authorize entering into an
Agreement with the owners of Plan of Subdivision
18T-98012 and any Mortgagee who has an interest in
the said lands, and the Corporation of the Municipality
of Clarington in respect of 18T -98012
2004-002 being a by-law to authorize entering into an
Agreement with the Owners of Plan of Subdivision
S-C-2002-001 and any Mortgagee who has an
interest in the said lands, and the Corporation of the
Municipality of Clarington in respect to S-C-2002-001
2004-003 being a by-law to authorize entering into an
Agreement with the Owners of Plan of Subdivision
18T-96014 and any Mortgagee who has an interest in
the said lands, and the Corporation of the Municipality
of Clarington in respect of 18T -96014
2004-004 being a by-law to authorize an agreement between
the Corporation of the Municipality of Clarington and
ESRI Canada for the purposes of the GeoSmart
programme software and training purchase to
facilitate the further development of the Geographic
Information System (GIS) and web-base applications
2004-005 being a by-law to authorize the borrowing of
$15,000,000 to meet, until the taxes are collected, the
current expenditures of the Municipality for the year
2004
2004-006 being a by-law to exempt a certain portion of
Registered Plan 40M-2166 from Part Lot Control
2004-007 being a by-law to exempt a certain portion of
Registered Plan 40M-2133 from Part Lot Control
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Council Minutes
BY-LAWS
- 27-
January 19, 2004
2004-008 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Kraco Carpentry Service Ltd. Ontario, to enter into
agreement for the Renovations of the Visual Arts
Centre
2004-009 being a by-law to authorize the execution of an
amendment to the Lease by Central Lake Ontario
Conservation Authority to the Municipality of
Clarington dated January 1, 2000, of the Central
Bowmanville Valley Lands, the Forest Lands, Boat
Ramp and Associated Lands as described in the
Lease
2004-010 being a by-law to amend By-law 2002-045, a by-law
to establish a Board of Management to operate
museums on its behalf - Clarington Museums and
Archives Board and to repeal By-law 2003-196
2004-011 being a by-law to appoint Members of the Abandoned
Cemeteries Board for the Municipality of Clarington
and to repeal By-law 2001-001
2004-012 being a by-law to appoint Members to the Animal
Advisory Committee for the Municipality of Clarington
and to repeal By-law 2001-002
2004-013 being a by-law to appoint Members to the Clarington
Agricultural Advisory Committee for the Municipality of
Clarington and to repeal By-law 2001-074
2004-014 being a by-law to appoint Members of the Clarington
Traffic Management Advisory Committee for the
Municipality of Clarington and to repeal By-law
2001-004
2004-015 being a by-law to amend By-law 83-83, as amended
and to repeal By-law 2001-006 to constitute a
Committee of Adjustment for the Municipality of
Clarington pursuant to the Planning Act 1983
2004-016 being a by-law to appoint Fence Viewers for the
Municipality of Clarington and to repeal By-law
2001-007
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Council Minutes
BY-LAWS
- 28 -
January 19, 2004
2004-017 being a By-law to appoint Members to the Game
Commission for the Municipality of Clarington and to
repeal By-law 2001-008
2004-018 being a By-law to appoint Valuers of Livestock and
Poultry for the Municipality of Clarington and to repeal
By-law 2001-009
2004-019 being a By-law to appoint Members of the Municipal
Heritage Committee (formerly Local Architectural
Conservation Advisory Committee) for the
Municipality of Clarington and to repeal By-law
2001-010
2004-020 being a By-law to appoint Members to the Newcastle
Arena Board and to repeal By-law 2001-011
2004-021
being a By-law to repeal Schedule "A" to By-law
2001-012, being a by-law to amend By-law 78-63 to
establish the Orono Arena as a Community Centre in
accordance with the Community Recreation Centre
Act, R.S.O., (1990) C.22 and to provide for the
establishment of a Community Centre Board
2004-022 being a By-law to appoint Poundkeepers for the
Municipality of Clarington and to repeal By-law
2001-013
2004-023 being a By-law to appoint Members to the Property
Standards Committee for the Municipality of
Clarington and to repeal By-law 2001-014
2004-024 being a By-law to appoint Members to the Samuel
Wilmot Nature Area Management Advisory
Committee for the Municipality of Clarington and to
repeal By-law 2001-015
2004-025 being a By-law to appoint Members to the Clarington
Library Board and to repeal By-law 2001-016
2004-026 being a By-law to appoint Members to the Clarington
Highway 407 Community Advisory Committee for the
Municipality of Clarington
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Council Minutes
BY-LAWS
- 29-
January 19, 2004
2004-027 being a By-law to appoint Members of Council to
Various Boards and Committees in the Municipality of
Clarington and to repeal By-law 2001-024
2004-028 being a by-law to authorize the execution of a
settlement with St. Marys Cement pertaining to their
2001/2002/2003 assessment appeals
2004-029 being a by-law to authorize a purchase agreement
between the Corporation of the Municipality of
Clarington and 902714 Ontario Inc. in respect to the
purchase of Part Lot 31, Concession 1, former
Township of Clarke
2004-030
being a by-law to authorize a purchase agreement
between the Corporation of the Municipality of
Clarington and Durga Persaud and Deokie Persaud in
respect to the purchase of Part of Lot 32, Concession
1, former Township of Clarke
2004-031
being a by-law to authorize a purchase agreement
between the Corporation of the Municipality of
Clarington and Edmond Vanhaverbeke and Sylvia
Vanhaverbeke in respect to the purchase of Part of
Lot 31 Concession 1, former Township of Clarke
2004-032
being a by-law to provide severance remuneration for
the Members of Council
2004-033
being a by-law to amend By-law 2003-179, respecting
the annual allowances paid to the Mayor and
Members of Council
"CARRIED"
Resolution #C-040-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-001 to 2004-033,
inclusive, be approved.
"CARRIED"
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Council Minutes
- 30-
January 19, 2004
CONFIRMING BY-LAW
ADJOURNMENT
Councillor Trim disclosed a pecuniary interest earlier in the meeting
and refrained from discussion and voting on the confirming by-law.
Resolution #C-041-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2004-034 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 19th day of January 2004,
and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-042-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2004-034 be approved.
"CARRIED"
Resolution #C-043-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the meeting adjourn at 9:45 p.m.
"CARRIED"