HomeMy WebLinkAbout02/16/2004
.
.
.
Council Minutes
PRAYER
ROLL CALL
Present Were:
Absent:
Also Present:
MUNICIPALITY OF CLARINGTON
February 16, 2004
Minutes of a regular meeting of Council
held on February 16,2004, at 7:00 p.m.,
in the Council Chambers
Councillor Trim led the meeting in prayer.
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor C. Trim
Councillor J. Schell (on vacation)
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana (attended until 7:09 p.m.)
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 7:09 p.m.)
Director of Corporate Services, M. Marano (attended until 7:09 p.m.)
Director of Finance/Treasurer, N. Taylor (attended until 7:09 p.m.)
Divisional Fire Chief, G. Weir (attended until 7:09 p.m.)
Administrative Assistant to the Clerk, H. Keyzers
(attended until 7:09 p.m.)
Acting Administrative Assistant to the Clerk, C. Tennisco
(attended until 7:09 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this
meeting.
.
.
.
Council Minutes
MINUTES
COMMUNICATIONS
I - 1
P17.GE
1-2
T03.GE
-2-
February 16, 2004
Resolution #C-077-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on
February 2, 2004, be approved.
"CARRIED"
Resolution #C-078-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information, be
approved with the exception of Items I - 8 and I - 15.
"CARRIED"
Sergeant Paul Malik, Durham Regional Police Services, providing
an update on the Road Watch Committee's activities. During 2003,
691 warning letters were issued to residents pertaining to speeding
and poor driving practices. Road Watch Committees throughout
Durham Region continue to report poor or dangerous driving
practices by submitting citizen report forms. Road Watch's
mandate is to reduce collisions and fatalities through awareness,
education and enforcement of road safety.
(Received for Information)
P.M. Madill, Regional Clerk, Region of Durham, advising Council
that the Region of Durham on January 21,2004, endorsed
Clarington's resolution supporting the Region assuming full
authority over bus passenger transportation systems currently
provided at the lower tier level, effective July 1, 2004. She is
advising the area municipalities of Regional Council's intent as it
relates to transit services.
(Received for Information)
Council Minutes
- 3 -
February 16, 2004
.
COMMUNICATIONS
1- 3
M02.GE
Dr. D.L. Reynolds, Associate Medical Officer of Health, Region of
Durham, providing Council with a copy of the Snapshot on Healthy
Newborns. This report presents a variety of Durham Region data
on birth and fertility trends, health before pregnancy, health during
pregnancy, and health consequences.
(Received for Information)
1- 4
C06.CE
Minutes of the Central Lake Ontario Conservation Authority
meeting dated January 20, 2004.
(Received for Information)
1-5
A12.GE
Channel 12 CHEX TV Durham, advising Council that there has
been a partnership formed between Channel 12 CHEX TV Durham
and durhamregion.com. Channel 12 will incorporate
durhamregion.com's offerings into its local programming, and
durhamregion.com will extend Channel 12 programming with 24/7
online program guides, summaries, discussion forums and more.
(Received for Information)
.
1- 6
A01.FE
Federation of Canadian Municipalities, updating Council on the
Liberal Caucus Retreat. News media first reported caucus
concerns regarding the proposed sharing of the federal fuel tax.
Closing day reports focused on the Federation of Canadian
Municipalities' proposal to increase the municipal GST rebate from
57% to 100% and on the need for the Government to quickly
provide much-needed funding to Canada's cities and municipalities.
(Received for Information)
1-7
A01.FE
Federation of Canadian Municipalities, advising Council that the
speech from the Throne marks a new chapter for Canada's
Municipal Governments. The Prime Minister committed to a New
Deal for Canada's cities and municipalities. The Government
committed to raising the municipal GST rebate to 100% and to
working with the provinces/ territories to share with municipalities a
portion of gas tax revenues or find mechanisms to the same goals.
The government also said it would quickly commit funds within its
existing infrastructure programs to help deal with the $60 billion
municipal infrastructure deficit. The speech underlined the key role
of municipal governments in other national priorities, including
environmental stewardship and sustainable development, the
integration of immigrants, Aboriginal Canadians in an urban
context, emergency preparedness, and rural and northern
development.
.
(Received for Information)
.
Council Minutes
- 4 -
February 16, 2004
COMMUNICATIONS
1- 9
C06.GA
Minutes of the Ganaraska Region Conservation Authority meeting
dated January 22, 2004.
(Received for Information)
1-10
T05.HW
John Slobodzian, Ministry of Transportation Project Co-ordinator
and Doug Allingham, Consultant Project Manager, Totten Sims
Hubicki Associates, advising that the new provincial government
has reviewed the Ministry's long range transportation planning
program, and has decided to move forward to complete the
proposed Highway 407 East Completion Terms of Reference (ToR)
for submission to the Ministry of Environment for review and
approval. During the summer of 2003 an Ontario Superior Court of
Justice quashed Ministerial approval of the Environmental
Assessment Terms of Reference for the expansion of a proposed
private landfill near Napanee, Ontario. The court decision provides
direction for changes to the existing ToR documents. These
changes will be made expeditiously and they intend to consult on
the changes to ensure that the implications of the court decision are
understood and addressed.
(Received for Information)
.
I - 11
C06.KA
Minutes of the Kawartha Conservation meeting dated
February 4, 2004.
(Received for Information)
1 - 12
C06.NE
F21.DE
Newcastle-Bond Head Ratepayers Association advising that at their
meeting on January 26, 2004, they fully supported Council's
resolution regarding adding future hospital expansion costs to
Development Charges. The Board will be glad to support the
municipality on any future developments regarding this issue.
(Received for Information)
1 - 13
P03.NU
Don MacKinnon, President, Power Workers' Union regarding the
January 4, 2004 editorial "More reactors make no sense at this
time." It is important to note that any new construction of
generation facilities requires an appropriate site and Darlington GS
certainly meets that criteria. Substantial lead time is also required
and by signaling his support for new nuclear construction, Mayor
Mutton is making it clear that Clarington would be a willing partner
in the lengthy process of approvals and authorizations required to
bring new generation to Ontario's grid.
(Received for Information)
.
.
.
.
Council Minutes
COMMUNICATIONS
1-14
A01.FE
1-8
C06.CL
1- 15
M02.GE
- 5 -
February 16, 2004
Federation of Canadian Municipalities advising that the GST
Rebate is a welcome first step toward a new deal for municipalities.
The decision by the Government to refund 100 percent of the GST
paid by municipalities on essential local services is a great victory
for FCM and for Canadian municipalities. It will allow us to fund
much-needed improvements to our roads, water-treatment plants,
public transit, etc.
(Received for Information)
Minutes of the Clarington Agricultural Advisory Committee meeting
dated November 20, 2003.
Resolution #C-079-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I - 8 be received for information.
"CARRIED"
Dr. Marie Bountrogianni, Minister of Citizenship and Immigration,
inviting community organizations to participate in Ontario's
volunteer recognition programs for 2004. The programs are:
· The Ontario Volunteer Service Awards which recognize
volunteers for continuous service with a community group
. The Outstanding Achievement Awards for Voluntarism in
Ontario which recognize superlative volunteer work by
individuals, groups or businesses
· The Ontario Medal for Young Volunteers which is presented
to young volunteers between the ages of 15 and 24 years in
recognition of their outstanding achievements.
Resolution #C-080-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the Durham Central Agricultural Society be nominated for the
Ontario Volunteer Service Award; and
THAT the Ontario Medal for Young Volunteers be referred to the
Clarington Youth Advisory Committee.
"CARRIED"
.
.
.
Council Minutes
COMMUNICATIONS
D -1
M04.GE
D-2
- 6 -
February 16, 2004
Resolution #C-081-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the Correspondence Items be approved as per the agenda,
with the exception of Items D - 8 to D - 10, inclusive.
"CARRIED"
Frances Lenihan, providing Council with a copy of a petition that
was sent to John O'Toole's office on October 30, 2003, regarding
property management complaints at Nash Road/Townline Price
Chopper and Valiant Properties. Residents of Nash Road have the
following complaints:
1.
directional signage on the Price Chopper property for loading
trucks should be relocated with appropriate placement to
stop truck deliveries from 7:00 p.m. to 7:00 a.m;
additional signage to be installed to advise trucks that they
must not be left in idle while unloading or waiting to dock;
additional signage to be placed on Nash Road to advise
delivery vehicles that there is "no right turn" upon departure;
and
speed bumps should be installed to slow down local traffic
on Nash Road as this has now become a subsidiary route
for mall access and rerouting from Highway 2.
(Correspondence referred to the
Director of Planning Services and to the
Director of Engineering Services)
2.
3.
4.
Karen and James Cockerham, requesting Council to complete an
assessment on septic and wells in the area of the proposed
development application by Michael Ricciutto. If this is not
possible, they would like a written guarantee that should they lose
their water and need to have water brought in, or if their well
becomes contaminated, the municipality will reimburse their costs.
Also, if their well needs to be drilled, that the municipality will cover
the costs of drilling.
(Correspondence referred to the
Director of Planning Services)
.
.
.
Council Minutes
COMMUNICATIONS
D-3
D09.COPA
2003.014
D-4
M02.GE
D-5
M02.GE
D-6
M02.GE
- 7 -
February 16, 2004
John O'Toole, MPP, Durham, writing to Council advising that Dr.
Rose-Anne Vieira is concerned with the proposed Official Plan
Amendment (COPA 2003-014, draft plan of subdivision SC-2003-
001). She writes that residents are quite concerned over the loss of
more environmentally protected land. She adds that these woods
are home to many species of birds and wildlife, and points out that
the area was previously protected because it was deemed to be an
environmentally sensitive area.
(Correspondence referred to the
Director of Planning Services)
Donna Russett, Volunteer Director, 2004 Pitch-In Canada Week,
requesting Council to proclaim the week of April 19 - 25, 2004, as
Partner in 2004 Pitch-In Canada Week". Ms. Russett advises that
Council can also participate in the following:
.
Appoint a local PITCH-IN CANADA Week coordinator;
Support local voluntary efforts;
Become a partner/member of PITCH-IN ONTARIO;
Send a 'Thank You' letter to their sponsors;
Become a "National Partner in Civic Pride"; and
Affix PITCH-IN decals to all litter-receptacles.
(Proclaimed)
.
.
.
.
.
Deborah Clark, Durham District Manager, The Easter Seal Society,
Durham, requesting Council to declare March as Easter Seals
Month. The generous support from community members will help
Easter Seals fund necessary equipment; provide summer camping
and recreational experiences, government relations, research and
public and consumer education.
(Proclaimed)
B. Cail Maclean, Executive Officer, Durham Region Real Estate
Board, requesting Council to declare the month of May, 2004 as
"Realtor's Month". 2004 is a very momentous year for the Durham
Region Real Estate Board as it is their 501h anniversary. For 50
years they have been providing their membership with the tools,
education and various services needed to run a successful real
estate business in Durham Region.
(Proclaimed)
.
.
.
Council Minutes
COMMUNICATIONS
D-7
M02.GE
D-8
F22.GE
- 8-
February 16, 2004
Joe Hand, Chair, Day of Mourning Committee, Durham Region
Labour Council, requesting Council to proclaim Wednesday, April
28, 2004, as "Day of Mourning" in recognition of workers killed,
injured or disabled on the job and that flags be lowered on
Municipal Buildings in honour of those killed at the workplace.
(Proclaimed and the lowering of the
flags on municipal buildings approved)
J.B. Galway, A.T. Hodges and CA Ballantyne, advising Council
that they are an informal group of citizens concerned with how
characteristics of the Current Value Assessment process impact
the financial stability of both property tax payers and municipalities.
They are requesting that the following resolution be passed:
"WHEREAS since the first Assessment Act was passed in
1850, municipalities have been attempting to improve the
assessment base on which taxes are levied to provide a
fairer and more equitable fundamental process to provide for
both stability and continuity; and
WHEREAS the basis of the current real property
assessment process is premised on "what a willing buyer will
pay a willing seller"; and
WHEREAS the core of all real property assessment is to
portray equality between various classes of property; and
WHEREAS the stability of real property assessment forms
the foundation on which a municipality builds its economy
and bases its tax revenue; and
WHEREAS the introduction of CVA (Current Value
Assessment) as presented by MPAC (Municipal Property
Assessment Corporation) has created instability in
municipalities across Ontario, by presenting unrealistic
spiraling values for properties, thereby causing anxiety in the
minds of property owners; and
WHEREAS under CVA, the volatility of assessed values
results in high number of Reconsiderations and/or Appeals
adding instability to the municipal budgeting process and to
financial operations; and
.
.
.
Council Minutes
COMMUNICATIONS
- 9-
February 16, 2004
WHEREAS MPAC has stated publicly to councils, that
decisions made by the ARB (Assessment Review Board) are
routinely ignored or modified in subsequent years; and
WHEREAS when MPAC shows utter disregard for the
authority granted the ARB by statute by ignoring ARB
rulings, this causes property owners to pursue the costly,
drawn out process each and every year they own the
properties in question; and
WHEREAS CVA is inherently unstable because property
location is the driving force of CVA property assessments
values; and
WHEREAS CVA assessment, now and in the future, with its
continuing changing yearly value, provides no stable
continuity on which a municipality can base its budget
forecasts due to the state of flux of assessment values
caused by the CV A process; and
WHEREAS the whole premise of CVA places an unrealistic
value on a property which has not yet been sold and upon
which a capital gain has not been realized; and
WHEREAS minimum educational requirements and
standard accreditation have not been imposed on assessors
by MPAC, thereby creating doubt in the ability of MPAC to
provide a professional product.
NOW THEREFORE BE IT RESOLVED
1 . THAT the Premier of Ontario be petitioned to
implement a methodology for real property
assessment in Ontario, which would alleviate the
current instability created by the present CVA method,
to both municipalities and property owners by
implementing the following measures:
a)
Immediately reinstate minimum educational
requirements and standard accreditation of
assessors;
.
.
.
Council Minutes
COMMUNICATIONS
- 10-
February 16, 2004
b) Abandon the premise that assessed values
include a hypothetical component reflecting an
unrealized Capital Gain, caused by the
dominant and inappropriate influence that
location has in calculating that value;
c) Create a stable, continuing assessment base,
which can be used by municipalities as a
stable base for budget forecasts and the
calculation of property taxes;
d) Enact a regulation, which immediately
establishes the ARB's decision as final and not
to be arbitrarily overruled or ignored by MPAC
in the following and future years;
e)
Immediately strike a Task Force comprised of
Ontario government representatives,
recognized municipal associations such as
AMCTO, MFOA, AMTCO and recognized
independent experts in the field of assessment,
and other related disciplines;
f) Outline a strict time schedule for all reporting
and progress reports to be filed with the
government and that a deadline be established
for the final report, including proposed
legislation, open to public review and
comment, to be submitted to the appropriate
parliamentary committee for presentation to the
House for passage into law; and
2. FURTHER that, this resolution, when passed by this
Council, be forwarded to the Premier, Ministers of
Finance and Municipal Affairs and Housing for their
action; and
3.
FURTHER that following endorsement by council, that
this resolution be forwarded to the local MPP for
his/her awareness of the extent of dissatisfaction with
DV A within the riding."
.
.
.
Council Minutes
COMMUNICATIONS
D - 9
M06.GE
- 11-
February 16, 2004
Resolution #C-082-04
Moved by Councillor Trim, seconded by Councillor Pingle
THAT Correspondence Item D - 8 be received for information.
"CARRIED"
Association of Municipalities of Ontario, advising that an alliance of
municipal leaders and physicians, the NOW Alliance (Negotiating
Ontario's Well-being) has developed a 19 point Rural Health Action
Plan to address the chronic shortages of doctors across
communities in Ontario. AMO member municipalities are being
asked to support the NOW Alliance in accordance with the following
resolution that the AMO Board has supported:
"WHEREAS in 1996, there were 68 Ontario communities
experiencing shortages of 100 family physicians and in 2004
this number has risen to 118 communities without 665
doctors, now affecting about 1 million Ontarians;
WHEREAS AMO helped form the NOW Alliance in 1999-
2000, in an effort to convince both the Ontario Medical
Association and the Ministry of Health to deal with
underserviced communities;
WHEREAS AMO, represented by Richard Adams (Parry
Sound) and Ingrid Parkes (NOMA Past President) are Co-
Chairs of the Alliance during 2004 at a time when the OMA
and the Government are about to begin negotiations for a
new collective agreement; and
WHEREAS NOW has prepared a 19-point Rural Health
Action Plan;
BE IT RESOLVED THAT AMO request that member
municipalities:
1) adopt a resolution supporting the work of the NOW
Alliance and its Rural Health Action Plan;
.
.
.
Council Minutes
COMMUNICATIONS
D - 10
F22.GE
- 12-
February 16, 2004
2) forward the resolution to both the Minister of Health
and Long Term Care, The Honourable George
Smitherman and Dr. Larry Erick, President of the
OMA, urging them to adopt provisions consistent with
NOW's Plan in the next collective agreement;
3) support the holding of 'town hall meetings' by the
NOW Alliance to allow citizens an opportunity to
discuss the Rural Health Action Plan; and
4) distribute the NOW petition for signature widely in
their community."
Resolution #C-083-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Association of Municipalities of
Ontario regarding the NOW Alliance Rural Health Action Plan be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
John O'Toole, MPP, Durham, requesting Council to respond to the
recreational trailer and campground operations within the
Municipality of Clarington regarding the issue of retroactive property
tax assessment increases. Any new and additional revenue to the
municipality through the taxation of recreational trailers should
reflect the cost of providing municipal services to these seasonal
facilities.
Resolution #C-084-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT John O'Toole, MPP, Durham, be advised of actions
previously taken by the Council of the Municipality of Clarington.
"CARRIED"
.
.
.
Council Minutes
NOTICE OF MOTION
REPORTS
Report #1
G.PA Report
Feb. 9,2004
Report #2
Lease
Agreement
- 13-
February 16, 2004
Resolution #C-085-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the General Purpose and Administration Committee Report
of February 9, 2004, be approved.
"CARRIED"
Resolution #C-086-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report COD-008-04 be received;
THAT the Lease Agreement Schedule "A" with Catherine Howse, in
the amount of $1200.00 per month for one (1) year term be
approved; and
THAT the By-law attached to Report COD-008-04 marked as
Schedule "B" authorizing the Mayor and the Municipal Clerk to
execute the necessary agreement be approved.
"CARRIED"
Resolution #C-087-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the Confidential Verbal Report regarding a legal matter be
referred to the end of agenda to be considered during a "closed"
session of Council.
"CARRIED"
.
.
.
Council Minutes
- 14 -
February 16, 2004
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-088-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-038 to
2004-054 inclusive, and that the said by-laws be now read a first
and second time:
2004-038 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of the
former Town of Newcastle (Paul Lysyk Family Trust)
2004-039 being a by-law to approve the expropriation of 774 Martin
Road, Bowmanville on behalf of the Council of the
Municipality of Clarington as the approving authority under
the Expropriations Act, and to authorize the Mayor and
Clerk to execute a Certificate of Approval under the
aforesaid Act
2004-040 being a by-law to expropriate 774 Martin Road,
Bowmanville, for the purposes of a community park
pursuant to the Municipal Act, 2001, S.O. 2001
2004-041 being a by-law to authorize the Mayor and Clerk on behalf
of the Municipality of Clarington to execute an
expropriation plan of 774 Martin Road, Bowmanville in
accordance with Section 9 of the Expropriations Act
2004-042 being a by-law to amend By-law 91-58, as amended,
being a By-law to regulate traffic on highways,
municipality and private property in the Municipality of
Clarington
2004-043 being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and the Central
Lake Ontario Conservation Authority
2004-044 being a by-law to declare Part X on Reference Plan
40R-XXXXX to be surplus
.
.
.
Council Minutes
BY-LAWS
- 15 -
February 16, 2004
2004-045 being a by-law to permit the processing of Regional
payroll, associated deductions and remittances, including
OMERS, for the Municipality of Clarington Mayor and
councillors serving on the Region of Durham council
2004-046 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Visual
Arts Centre, Bowmanville, Ontario, to enter into
agreement for lease of Visual Arts Centre at 143 Simpson
Avenue, Bowmanville
2004-047 being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and the Clarington
Professional Fire-Fighters, Local 3139
2004-048 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Catherine Howse, to enter into agreement for the lease of
19 Boulton Street, Newcastle
2004-049 being a by-law to amend By-law 2004-014, a by-law to
appoint Members to the Clarington Traffic Management
Advisory Committee
2004-050 being a by-law to amend By-law 2004-017, a by-law to
appoint Members to the Game Commission
2004-051 being a by-law to amend By-law 2004-021, a by-law to
appoint Members to the Orono Arena Community Centre
Board
2004-052 being a by-law to amend By-law 2004-026, a by-law to
appoint Members to the Clarington Highway 407
Community Advisory Committee
2004-053 being a by-law to amend By-law 2004-011, a by-law to
appoint Members to the Abandoned Cemeteries Board
2004-054 being a by-law to appoint Members to the Clarington
Museums and Archives Board and to repeal By-law
2001-003
"CARRIED"
.
.
.
Council Minutes
BY-LAWS
OTHER BUSINESS
Boards and
Committees
Update
- 16-
February 16, 2004
Resolution #C-089-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-038 to
2004-054 inclusive be approved.
"CARRIED"
Councillor Robinson advised Council that the Kendal Community
Centre will be holding a fund raiser on March 6, 2004. The
Clarington Agricultural Advisory Committee, in conjunction with
Evergreen Farm and Garden Limited will be holding a Farm Safety
Day on April 3, 2004.
Resolution #C-090-04
Moved by Councillor Pingle, seconded by Councillor Foster
THAT the meeting be "closed" to considered the Confidential
Verbal Report pertaining to a legal matter.
"CARRIED"
Resolution #C-091-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the actions taken during the "closed" session of Council be
ratified.
"CARRIED"
.
.
..
Council Minutes
- 17-
February 16, 2004
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-092-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2004-055 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 February 2004,
and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-093-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2004-055 be approved.
"CARRIED"
Resolution #C-094-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the meeting adjourn at 7:37 p.m.
"CARRIED"
(l( t#1,,~
MAYOR
'-,(i; w_ ( (____ (.~ , c' '-
MUNICIPAL CLERK