HomeMy WebLinkAbout02/13/2006 !A, ""'I Council Meeting Minutes
February 13, 2006
Minutes of a regular meeting of Council held on February 13, 2006, at 7:00 p.m., in
the Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
(attended until 8:55 p.m.)
Director of Community Services, J. Caruana
(attended until 8:19 p.m.)
Director of Planning Services, D. Crome (attended until 8:55 p.m.)
Solicitor, D. Hefferon (attended until 8:55 p.m.)
Director of Operations, F. Horvath (attended until 8:19 p.m.)
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor (attended until 8:19 p.m.)
Director of Emergency Services, G. Weir (attended until 8:19 p.m.)
Administrative Assistant to the Clerk, H. Keyzers
(attended until 8:19 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor MacArthur indicated that he would be stating a pecuniary interest with
respect to Report #1, Item #4 b, all delegations and all correspondence pertaining to
Beech Avenue.
Council Meeting Minutes -2- February 13, 2006
MINUTES
Resolution #C-050-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on January 30, 2006, be
approved.
“CARRIED”
PRESENTATION
Mayor Mutton recognized the work of Dr. Ross Tilley, a member of the Canadian
Army Medical Corp militia who, along with his colleagues, treated hundreds of burned
airmen during World War II. This group of men humorously called themselves the
Guinea Pig Club as they knew they were quite literally guinea pigs for Dr. Tilley’s burn
unit. A painting of Dr. Ross Tilley by artist Tony Johnston was presented to Dr. Leith
Douglas, Steve Rowlands, Ron Cameron and Jim Connell, President, Royal Canadian
Legion.
Resolution #C-051-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Laura McDonald, Laurie Cook and Jeff Wills be added to the list of delegations.
“CARRIED”
DELEGATIONS
Reid Hasted appeared before Council regarding Correspondence Item D - 14. Mr.
Hasted advised that there have been numerous issues regarding the walkway
between Clayton Crescent and High Street. Shortly after moving in 2005 he reported
several repairs needed to the walkway. The walkway is extremely dark and teenagers
are hanging out there. He has had a beer bottle, tomatoes and eggs thrown at his
house. Mr. Hasted feels that the Municipality is responsible for the damages to the
walkway and his property. He has spoken to the adjoining property owners and they
have the same concerns. Mr. Hasted is requesting Council to pass a resolution to
close the walkway and divide the land evenly between the four adjoining property
owners. Mr. Hasted submitted two letters from property owners in the vicinity of the
walkway.
David Rice, Ridge Pine Park Inc., was present to answer any questions pertaining to
Report PSD-014-06.
Council Meeting Minutes -3- February 13, 2006
DELEGATIONS
Councillor MacArthur stated a pecuniary interest regarding the delegations of Laura
McDonald, Laurie Cook and Jeff Willis, vacated his chair and refrained from
discussion on the subject matter. Councillor MacArthur is a resident of Beech
Avenue.
Maurice Richards, President and Laura McDonald, Executive Director, Clarington
Older Adult Association appeared before Council regarding Report PSD-012-06. Mr.
Richards advised Council of the Association’s successes over the past year and noted
the increase in overall participation by members. The Association is growing annually
and he expects it to continue to grow. Mr. Richards advised that he is concerned with
the proposed heritage designation and how it will affect the Clarington Older Adult
Association. The proposed growth will not continue if there is no additional parking
available. Mr. Richards recommends that parking be allocated for future growth and
that a representative of the Clarington Older Adult Association be appointed to the
Heritage Designation Committee.
Laurie Cook appeared before Council regarding Report PSD-012-06. He noted that
he is strongly in favour of the heritage designation on Beech Avenue and strongly
against the 100 percent sign-off clause. Mr. Cook supports the heritage designation
for Beech Avenue but believes that this should not automatically mean future
designations.
Jeff Wills appeared before Council regarding Report PSD-012-06. Mr. Wills is
requesting Council to overturn the 100 percent sign-off on designation and that no
other further hurdles be put in place pertaining to the designation of Beech Avenue.
COMMUNICATIONS
Resolution #C-052-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information be approved as per the
agenda with the exception of Items I - 1 and I - 6.
“CARRIED”
I - 2 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region
L11.GE of Durham on January 25, 2006, passed the following resolution:
“a) THAT a copy of Report #2006-P-3, of the Commissioner of
Planning be forwarded to the Province as Durham Region’s
response to Bill 51, the Planning and Conservation Land Statute
Law Amendment Act 2005; and
Council Meeting Minutes -4- February 13, 2006
COMMUNICATIONS
b) THAT a copy of Report #2006-P-3 of the Commissioner of
Planning be forwarded to the Ministry of Municipal Affairs and
Housing, and the eight area municipalities.”
I - 3 Craig Burch, Director of Education, Durham District School Board,
S00.GE providing Council with a copy of the Annual Report for 2005.
I - 4 Mary Ann Martin, Chair, Board of Trustees and Patricia A. Manson,
S00.GE Director of Education, Durham Catholic District School Board, writing to
Council regarding the Canada-Ontario Immigration Agreement of
November 21, 2005, in which the Region of Durham is a designated
limited partner. They are requesting that Council help to win spending
provisions for the needs of immigrant children and youth from the
agreement.
I - 5 Dr. Donald R. Richardson, Senior Consultant, Communications and
E05.RA Consultation, Gartner Lee Limited, advising Council that Garner Lee
Limited has been retained by Cameco Corporation to engage area
residents in shaping plans for renewal of its Port Hope facility as part of
Cameco’s Vision 2010 project. Vision 2010 is a large, long-term
investment in Port Hope that builds on work now underway through the
federally funded Port Hope Initiative.
I - 7 Dr. D.L. Reynolds, Associate Medical Officer of Health and Jason Garay,
S00.GE Epidemiologist, Durham Region, providing Council with a copy of the
Snapshot on Enteric Illnesses.
I - 8 Minutes of the Durham Nuclear Health Committee meeting dated
C06.DU January 13, 2006
I - 9 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of
E06.VE Ajax, advising Council that the Town of Ajax on January 19, 2006,
passed the following resolution:
“THAT the resolution of the Council of the City of Belleville regarding the
proposed expansion of Veridian Corporation hydro services within
Belleville be endorsed.”
I - 10 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of
E06.VE Ajax, advising Council that the Town of Ajax on January 19, 2006,
passed the following resolution:
“THAT the resolution of the Municipality of Clarington regarding the
proposed expansion of Veridian Corporation hydro services within the
Municipality of Clarington be endorsed.”
Council Meeting Minutes -5- February 13, 2006
COMMUNICATIONS
I - 11 Marilyn Pearce, Mayor, Township of Scugog, advising Council of the
appointment of Bev Hendry as the new CAO of the municipality.
Leading the senior management team for the Township, Ms. Hendry will
oversee the delivery of services, strategic planning and administration
for the Township employees and over 22,000 residents.
I - 12 Sharon Dionne, Chair, Urban Development Institute/Ontario Durham
Chapter, writing to the Honourable Minister David Caplan, advising him
that he will be receiving comments with regard to the Proposed Growth
Plan from UDI/Ontario, which speaks on behalf of their industry. Without
derogating from those industry-wide comments, they would like to
comment on how the Proposed Growth Plan will impact community
building in their end of the Greater Golden Horseshow area.
I - 13 P.M. Madill, Regional Clerk, Region of Durham, providing Council with a
copy of Report 2006-P-9 of the Commissioner of Planning regarding the
Province’s Proposed Growth Plan for the Greater Golden Horseshoe.
I - 14 Madeleine Meilleur, Minister of Culture, providing Council with a copy of
L11.GE a bulletin outlining regulations that have been made to implement the
amended Ontario Heritage Act. These regulations mark a major step
forward for heritage conservation in Ontario.
I - 15 Dwight Duncan, Minister of Finance and John Gerretsen, Minister of
F11.GE Municipal Affairs and Housing, announcing the release of the Ontario
Municipal Partnership Fund (OMPF) allocations for 2006. The
government is increasing OMPF funding to $707 million in 2006, $51
million or 7.7% more than the 2005 OMPF funding announced last
March. This increase in funding reflects the government’s commitment
to supporting municipalities and ensuring that the OMPF grants continue
to remain up to date and responsive to municipal financial needs.
I - 16 Federation of Canadian Municipalities, advising that they are optimistic
A01.FE about continued support for municipal issues with the new Prime
Minister and his government. During the campaign, FCM President
Kovach wrote to the four party leaders asking them to spell out their
positions on key municipal issues. In is response, the Conservative
party committed “to include municipalities in discussions of issues
related to their jurisdiction and concerns.” It also expressed strong
support for efforts to develop a long-term plan for the gas-tax transfer,
maintain infrastructure funding, and address the fiscal problems affecting
municipal governments.
Council Meeting Minutes -6- February 13, 2006
COMMUNICATIONS
I - 17 Hardiner S. Takhar, Minister of Transportation, advising Council that
they are continuing to deliver on their commitment to dedicate two-cents
per litre of the provincial gas tax to municipalities for public transit.
Between October 2004 and October 2005 they provided $156 million of
gas tax funding, staring with one-cent per litre towards 83 transit
systems serving 110 municipalities. This year between October 2005
and October 2006 they will provide $232 million in gas tax funding, or
one and one-half cents per litre. The Municipality of Clarington will be
eligible to receive an allocation of $554,659 for the period October 1,
2005 to September 30, 2006.
I - 18 John O’Toole, MPP, Durham, thanking Council for providing him with a
C10.MO copy of Clarington’s resolution supporting General Motors of Canada
Limited in Oshawa and a comprehensive auto strategy for Canada.
I - 19 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on January 25, 2006, passed the following resolution:
“a) THAT the 2006 Timetable for the review of the detailed Regional
Business Plans and Budgets (as outlined in Attachment #1 of
Report #2006-F-1 of the Commissioner of Finance) be adopted
with a final Council approval date scheduled for April 19, 2006;
b) THAT staff be authorized to notify the public of Regional Council’s
intention to adopt the 2006 Regional Business Plans and Budgets
for Property Tax Purposes, and the 2006 Business Plans and
Budgets for the Police Services Board, Durham Region Transit
Commission and Outside Agencies at its regularly scheduled
meeting of April 19, 2006; and
c) THAT a copy of this report be forwarded to the Police Services
Board, the Conservation Authorities, other Outside Agencies and
the local Area Municipalities.”
I - 1 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region
E08.GE of Durham on January 25, 2006, passed the following resolution:
“a) THAT Report #2006-COW-02 of the Chief Administrative Officer,
the Commissioner of Finance, the Commissioner of Works, the
Commissioner of Planning, and the Commissioner and Medical
Officer of Health be endorsed and submitted to the Province as
the Region’s response to the December 5, 2005, EBR posting
(AA05E0001) on Bill 43, the Clean Water Act 2005;
Council Meeting Minutes -7- February 13, 2006
COMMUNICATIONS
b) THAT the Province should articulate and discuss with
municipalities and others, its overarching vision of the source
water protection program including legislative, regulatory, funding,
program and partnership activities;
c) THAT the Province should make firm multi-year funding
commitments to all aspects of the source water protection
initiative, not just plan preparation;
d) THAT Provincial legislation to enable Source Protection Planning
should:
i) Rationalize, harmonize and integrate the basic source
water protection requirements now described in a variety of
acts and policies (Nutrient Management Act, Planning Act,
Greenbelt Act, Provincial Policy Statement) into a single
comprehensive policy statement on protection of drinking
water sources;
ii) Rationalize and clarify the roles of planning authorities and
jurisdictions in protection of water quantity and quality;
iii) Create Source Protection Committees for Conservation
Authority areas rather than for larger source protection
regions to enable meaningful local participation by citizens
and municipalities;
iv) Require the Minister to have regard for municipal
resolutions and comments on the Source Protection Plan;
v) As recommended by Justice O’Connor, focus on use of
existing legislative and regulatory tools and mechanisms to
implement source protection policies;
vi) Minimize the duplication between the process to develop
the Source Protection Plan (SPP), and the subsequent
process to bring the Municipal Official Plan into conformity
with the SPP;
Council Meeting Minutes -8- February 13, 2006
COMMUNICATIONS
e) THAT the Province should retain primary responsibility to enforce
Source Protection Plans by:
i) Utilizing its existing powers (e.g. under the Safe Drinking
Water Act) to enter, inspect, order compliance, etc., in
support of SPPs, since the Province is the approval
authority for the Plan; and
ii) Properly funding and exercising its authority to regulate
industries and businesses that transport, use or create
potential source water contaminants (e.g. chemicals, fuels,
pesticides) to ensure compliance with those regulations;
f) THAT the Province should provide an option for upper or single
tier municipalities to conduct, by agreement with the Province,
certain source water protection enforcement activities;
g) THAT the Province should ensure that farmers are required to
prepare only a single environmental protection plan for their farm
and provide funding to assist farmers in reaching compliance with
SPP requirements;
h) THAT Source Protection Plans should be results-based and focus
effort and investment on activities that will produce meaningful
improvements in drinking water safety, overall water quality, and
long-term sustainability of the water source;
i) THAT the Province should recognize that in many cases,
financially assisting people to meet the source protection
requirements will be a more effective investment in achieving the
desired results than legal action;
j) THAT a copy of Report #2006-COW-02 of the Chief
Administrative Officer, the Commissioner of Finance, the
Commissioner of Works, the Commissioner of Planning, and the
Commissioner and Medical Officer of Health be forwarded to the
Minister of the Environment (MOE), the Minister of Municipal
Affairs and Housing, the Minister of Public Infrastructure Renewal,
the Association of Municipalities of Ontario and Durham’s area
municipalities and Conservation Authorities (CAs).”
Council Meeting Minutes -9- February 13, 2006
COMMUNICATIONS
Resolution #C-053-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I – 1 be received for information.
“CARRIED”
I - 6 Ronald Hooper, Chairman, Board of Management, Bowmanville
D14. Business Centre, advising Council that the Boards of Management of
Bowmanville, Newcastle and Orono are seeking to present their
arguments to the Ontario Municipal Board regarding the proposed offer
made in connection with the West Bowmanville Developments.
Resolution #C-054-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 6 be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 16, D - 17, D - 18 and D - 19 were distributed as handouts.
Resolution #C-055-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 1, D - 2, D - 5, D - 7 and D - 13 to D - 19, inclusive.
“CARRIED”
D - 3 Catherine Crawford, Assistant Location Manager, requesting permission
MO2.GE to close Lakeshore Road East from Park Lane to Riley Road on
Thursday, February 7, 2006, to film a Motion Picture entitled “Blaze”.
(Actions taken by the Municipal Clerk
pertaining to the issuance of a Road
Occupancy Permit approved)
Council Meeting Minutes -10- February 13, 2006
COMMUNICATIONS
D - 4 David Staples, Parade Chairman, Durham Central Fair, requesting
M02.GE Council’s permission to hold the annual parades associated with the
Durham Central Fair on Friday, September 8, 2006 and Saturday,
September 9, 2006.
(Approved provided the organizations apply
for and obtain a Road Occupancy Permit)
D - 6 John O’Toole, MPP, Durham, advising Council that he has received an
P01.GE inquiry from a constituent regarding noise abatement along Highway 401
in south Bowmanville. It has been brought to his attention that, with the
re-grading of some of the property between Baseline Road and Highway
401, the south end of town is more vulnerable to noise. It would appear
that the removal of berms, a railway spur and vegetation means that
some of the noise from the highway is no longer blocked.
(Correspondence referred to the Director of
Engineering Services)
Councillor MacArthur stated a pecuniary interest regarding Correspondence Items
D - 1, D - 2, D - 5, D - 16, D - 17, D - 18 and D - 19, vacated his chair and refrained
from discussion and voting on the subject matter. Councillor MacArthur is a resident
of Beech Avenue.
D - 1 Bill and Frances Huether, providing Council with their questions
pertaining to the Proposed Heritage Conservation District:
1. There is no “partway” on Heritage District designation. How can
there be a three year pilot designation? If an owner on Beech
wishes to sell his home, does he declare to the Real Estate agent
that the home is Heritage, Non-Heritage, or what, during this
three year pilot?
2. If other streets are to be designated in the future, who will bear
the cost of preparing individual guidelines for each?
3. A proposal was put forth at Council that the present guidelines be
available as advisory material for all owners in Clarington. This
seemed to have the support of all concerned. The guidelines
were prepared at great cost. Does this mean that only Beech
Avenue will have access to this service?
Council Meeting Minutes -11- February 13, 2006
COMMUNICATIONS
D - 2 Kim Goyne, advising Council that she does not want her home or her
neighbourhood subject to the proposed Heritage Conservation District.
She notes that she supports the “James-Humber Compromise” of
implementing educational programs in lieu of district designation.
D - 5 John and Pat Rundle, advising Council that they are opposed to the idea
of the heritage designation for the entire area known as Old Bowmanville
as originally suggested and note that they approve of the “James-Huber
Compromise.” They had hoped that the idea would be generally
accepted as the best solution to the problem and that their
neighbourhood would become amiable again.
D - 16 Mavis Carlton expressing surprise at the amendment requiring that 100
percent of the Beech Avenue residents should approve the suggested
designation. Frequently a simple majority is all that is required and she
believes that agreement of 100 percent of the residents is entirely
unreasonable. She is not aware of a similar requirement for a decision
by any other level of government, association, board or committee for
any purpose whatsoever. She is urging Council to reject the 100
percent requirements.
D - 17 Peter Sobil expressing surprise at the amendment requiring that 100
percent of the Beech Avenue residents should approve the suggested
designation. Frequently a simple majority is all that is required and he
believes that agreement of 100 percent of the residents is entirely
unreasonable. He is not aware of a similar requirement for a decision by
any other level of government. Mr. Sobil is urging Council to reject the
100 percent requirement.
D - 18 Bonnie Seto, writing to Council to express her wariness at the proposed
Heritage Designation status for Beech Avenue. She notes that her
family did not purchase the property on Beech Avenue subject to the
proposed Heritage Designation and as such neither their enjoyment of
the property nor selling of their domain should be hindered by this
proposal.
D - 19 Michelle Shook, writing to Council in support of the proposed Heritage
Designation and the designation of Beech Street. She notes that she
admires these residents for believing so strongly in taking the steps
necessary to protect what is so valuable and what cannot be placed.
Council Meeting Minutes -12- February 13, 2006
COMMUNICATIONS
Resolution #C-056-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the authors of Correspondence Items D - 1, D - 2, D - 5 and D - 16 to D - 19,
inclusive, be advised of the actions taken with respect to Report PSD-012-06.
“CARRIED”
D - 14 Reid Hasted, writing to Council regarding the pathway beside his home
M04.GE and the repairs that are required. He is requesting that the walkway be
closed and the land split up evenly between the four adjoining residents.
Resolution #C-057-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D - 14 be referred to the Directors of Operations and
Engineering Services.
“CARRIED”
D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of
M02.GE Courtice, inviting Council to partner with the club to bring this exciting
day to Clarington. Their July 1, community event will be back at the
Garnet B. Rickard Recreation Complex with activities starting at 5:00
p.m. and ending shortly after dusk with an amazing fireworks display.
He would be happy to meet to discuss the plans for 2006 and why the
Municipality should be an important partner in this fabulous community
initiative.
Resolution #C-058-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D – 7 be supported in principle; and
THAT the correspondence be referred to staff.
“CARRIED”
Council Meeting Minutes -13- February 13, 2006
COMMUNICATIONS
D - 8 Cathy Vincelli, Executive Director, Paralympics Ontario, providing
Council with a copy of the Bid Guidelines for hosting the 2007 Ontario
Paralympic Summer Championships. As one of the Ontario Games
Programs, Paralympics Ontario works in partnership with the Sport
Alliance of Ontario to deliver the Ontario Paralympic Summer
Championships. Bids are due in the Paralympics Ontario office no later
than Friday, April 28, 2006, 4:00 p.m.
Resolution #C-059-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D – 8 be received for information.
“CARRIED”
D - 9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
C10.MO Region of Durham on January 25, 2006, passed the following resolution:
“a) THAT AMO’s position in opposition to Bill 206, Ontario Municipal
Employees Retirement System, 2005 be supported;
b) THAT copies of this resolution and Report #2006-F-4 of the
Commissioner of Finance, be forwarded to the Premier of
Ontario, the Minister of Municipal Affairs and Housing, the
Minister of Finance, Opposition Leaders, all Durham MPP’s and
the area municipalities; and
c) THAT the area municipalities be requested to endorse this
resolution and forward similar resolutions to the Premier of
Ontario, the Minister of Municipal Affairs and Housing, the
Minister of Finance, Opposition Leaders and all Durham MPP’s.”
Resolution #C-060-06
Moved by Councillor Robinson seconded by Councillor Foster
THAT the resolution of the Region of Durham regarding Bill 206, Ontario Municipal
Employees Retirement System, 2005, be endorsed by the Council of the Municipality
of Clarington.
“CARRIED”
Council Meeting Minutes -14- February 13, 2006
COMMUNICATIONS
D - 10 Municipality of Grey Highlands, advising Council that the Municipality of
C10.MO Grey Highlands on January 9, 2006, passed the following resolution:
“WHEREAS the Municipality of Grey Highlands considers the
establishment of new renewable and non-renewable energy projects to
have significant local land use planning implications;
AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy
projects in Ontario from the Planning Act if they are an undertaking or
class of undertakings within the meaning of the Environmental
Assessment Act;
AND WHEREAS it is the opinion of this Council that the Environmental
Assessment Act and the associated proponent driven screening process
does not adequately address matters of municipal interest;
AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41
(Site Plan Control) of the Planning Act provide local Municipalities with
the necessary authority to establish policy and regulations for new
energy projects;
THEREFORE BE IT RESOLVED THAT the Council for the Municipality
of Grey Highlands does not support the position of Bill 51 and their
concerns be submitted on the Environmental Bill of Rights Registry at
http://www.ene.gov.on.va/envregistry/026868ea.htm;
FURTHER THAT this resolution be circulated to all Ontario
Municipalities seeking their support by submitting their concerns on the
Environmental Bill of Rights Registry.”
D - 11 Stephen Keast, Clerk, Town of The Blue Mountains, advising Council
C10.MO that the Town of The Blue Mountains on January 16, 2006, passed the
following resolution:
“WHEREAS the Town of The Blue Mountains considers the
establishment of new renewable and non-renewable energy projects to
have significant local land use planning implications;
AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy
projects in Ontario from the Planning Act if they are an undertaking or
class of undertakings within the meaning of the Environmental
Assessment Act;
Council Meeting Minutes -15- February 13, 2006
COMMUNICATIONS
AND WHEREAS it is the opinion of this Council that the Environmental
Assessment Act and the associated proponent driven screening process
does not adequately address matters of municipal interest;
AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41
(Site Plan Control) of the Planning Act provide local Municipalities with
the necessary authority to establish policy and regulations for new
energy projects;
THEREFORE BE IT RESOLVED THAT Council of the Town of The Blue
Mountains does not support the position of Section 23 of Bill 51 for the
aforementioned reasons and that the position of Council with regard to
Section 23 of Bill 51 be submitted to the Environmental Bill of Rights
Registry and forwarded to John Gerretson, Minister of Municipal Affairs
and Housing, Donna Cansfield, Minister of Energy, Jim Wilson, Simcoe-
Grey MPP and the Association of Municipalities of Ontario.”
Resolution #C-061-06
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Correspondence Items D – 10 and D – 11 be referred to staff.
“CARRIED”
D - 12 Michael Angemeer, Chair, Durham Strategic Energy Alliance (DSEA),
requesting confirmation of Clarington’s representation on the newly
formed Durham Strategic Energy Alliance Board of Directors. The
Municipality has been well represented by Suzanne McCrimmon,
Clarington Board of Trade. The DSEA is in the process of registering as
a non-profit corporation, which will be concluded early in the New Year.
Mr. Angemeer is requesting that he receive a response by February 28,
2006.
Resolution #C-062-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Councillor Foster be appointed as Clarington’s representative on the newly
formed Durham Strategic Energy Alliance Board of Directors.
“CARRIED”
Council Meeting Minutes -16- February 13, 2006
COMMUNICATIONS
D - 13 Diane Cane, County Clerk, Northumberland County, writing to Roger
C10.MO Anderson, President, Association of Municipalities of Ontario, advising
that the Council of the Northumberland County on December 14, 2005,
passed the following resolution:
“NOW THEREFORE BE IT RESOLVED that Northumberland County
put the Ontario Provincial Government on notice that we refuse to
accept the transfer of administration and financial costs associated with
the OMERS program;
AND FURTHER this transfer represents additional downloading on
municipal governments which are already financially strapped due to
programs downloaded by the previous Ontario government;
AND FURTHER that is motion be circulated to A.M.O., ROMA, Eastern
and Western Ontario Warden’s Caucus’, the Provincial Government,
MPP Dwight Duncan, Minister of Finance, Premier of Ontario Dalton
McGuinty and all other levels of government in Ontario;
AND FURTHER this motion be forwarded to AMO and ROMA for
delegate discussion at the 2006 conventions.”
Resolution #C-063-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Diane Cane, County Clerk, Northumberland County be advised of actions taken
by the Council of the Municipality of Clarington regarding the OMERS Program.
“CARRIED”
D - 15 Cathy Pitcher, Executive Assistant, Board of Governors, Durham
College, inviting the submission of name(s) of any individual(s) that
would be an effective Governor of the College. Ms. Pitcher has provided
a copy of the College’s Values and Mission Statement. The College has
three vacancies for the term beginning September 1, 2006 and is
seeking candidates. Candidates should posses one or more of the
following qualifications:
?
experience in business, social services and/or health services
?
strong leadership skills
?
past and/or current community involvement
?
diversity inclusive of the community
Letters of interest and resumes are to be received by February 17, 2006.
Council Meeting Minutes -17- February 13, 2006
COMMUNICATIONS
Resolution #C-064-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D – 15 be referred to staff.
“CARRIED”
MOTION
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report -
February 6, 2006
Resolution #C-065-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of February 6,
2006, be approved with the exception of Item #4.
“CARRIED”
Councillor MacArthur stated a pecuniary interest regarding Item #4, vacated his chair
and refrained from discussion and voting on the subject matter. Councillor MacArthur
is a resident of Beech Avenue.
Resolution #C-066-06
Moved by Councillor Schell, seconded by Councillor Trim
(a) THAT Report PSD-012-06 be received;
THAT no further financial resources be spend on the Heritage Conservation
District Plan through consultants;
THAT the draft Bowmanville Heritage Conservation District Plan be adopted as
the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource
document by residents;
THAT any interest parties or delegation be advised of Council’s decision;
Council Meeting Minutes -18- February 13, 2006
REPORTS
(b) THAT a Beech Avenue Heritage Conservation District Plan be drafted to reflect
the request of the Beech Avenue residents for designation of a Heritage
Conservation District under Part V of the Ontario Heritage Act (Attachment 2 to
Report PSD-012-06), subject to 100 percent sign-off on designation;
THAT the Beech Avenue Heritage Conservation District By-law be adopted
when the specific Beech Avenue Heritage Conservation District Plan has been
drafted;
THAT, upon reconstruction of Beech Avenue, no further dollars be spent
beyond traditional road construction; and
THAT the Beech Avenue Heritage Conservation District be reviewed
approximately three years after it comes into force.
“CARRIED AS AMENDED
LATER IN THE MEETING”
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-067-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the foregoing Resolution #C-066-06 be amended by deleting the words “subject
to 100 percent sign-off on designation” and substituting them with the following:
“and that no further Historical District Plans be considered until the three year review
of Beech Avenue has been completed”.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor MacArthur v
Councillor Pingle v
Councillor Robinson v
Councillor Schell v
Councillor Trim v
Mayor Mutton v
Resolution #C-066-06 was then put to a vote and “CARRIED AS AMENDED”.
Council Meeting Minutes -19- February 13, 2006
REPORTS
Report #2 - Report PSD-018-06 – Municipality of Clarington Comments –
Durham/York Residual Waste Disposal Study – Proposed Terms of
Reference for the Environmental Assessment
Resolution #C-068-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report PSD-018-06 be received;
THAT the letter from the Director of Planning Services to the Ministry of the
Environment, dated February 6, 2006, and attached to Report PSD-018-06 as
Attachment 1 be endorsed as the comments of the Municipality of Clarington on the
Proposed Environmental Assessment Terms of Reference for the Durham/York
Residual Waste Disposal Planning Study; and
THAT a copy of Report PSD-018-06 and Council’s resolution be forwarded to the
Ministry of the Environment, Environmental Assessment and Approvals Branch and
the Region of Durham Works Department.
“CARRIED AS AMENDED
LATER IN THE MEETING”
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-069-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the foregoing Resolution #C-068-06 be amended by adding the following new
third paragraph:
“THAT the Council of the Municipality of Clarington further requests that the proposed
Environmental Assessment Terms of Reference for the Durham/York Residual Waste
Disposal Planning Study be amended by including in the Study Area, the Wesleyville
site owned by Ontario Power Generation in the Municipality of Port Hope;”
and by adding the following wording to the fourth paragraph:
“and all area municipalities in Durham Region, York Region and Northumberland
County.”
“CARRIED”
Resolution #C-068-06 was then put to a vote and “CARRIED AS AMENDED.”
Council Meeting Minutes -20- February 13, 2006
UNFINISHED BUSINESS
Resolution #C-070-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the delegation of Maurice Richards, President and Laura McDonald, Executive
Director, Clarington Older Adults Association be referred to staff to review a) the
parking plan in conjunction with the Heritage Conservation District and b) their request
to have a representative of the Clarington Older Adults Association be appointed to
the Heritage Designation Committee.
“CARRIED”
Resolution #C-071-06
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the Rules of Procedure be suspended to allow for the introduction of a
motion of new business at this time.
“CARRIED”
Resolution #C-072-06
Moved by Councillor Foster, seconded by Councillor Schell
THAT staff investigate and report on potential streetscape improvements along
Highway 2 in Courtice from Townline Road to Courtice Road.
“CARRIED”
OTHER BUSINESS
Resolution #C-073-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Council recess for five minutes after which time the meeting be “closed” to
consider a Confidential Verbal Report of the Chief Administrative Officer regarding a
personnel matter.
“CARRIED”
The meeting reconvened in “open” forum at 9:10 p.m.
Council Meeting Minutes -21- February 13, 2006
BY-LAWS
By-law 2006-034 was distributed to Council as a handout.
Resolution #C-074-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2006-022 to 2006-034, inclusive and that
the said by-laws be now read a first and second time:
2006-022 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Hard-Co Construction Limited, Whitby,
Ontario, to enter into agreement for the Hampton Pond Recovery
2006-023 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (2075568
Ontario Inc. and Middle Road Developments)
2006-024 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Ridge Pine
Park Inc.)
2006-025 being a by-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington
2006-026 being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2006-027 being a by-law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington
2006-028 being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2006-029 being a by-law to exempt a certain portion of Registered Plan
40M-2113 from Part Lot Control (Condor Developments Ltd.)
2006-030 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and John Howard Society, Bowmanville,
Ontario, to enter into agreement for the lease space at 132 Church
Street, Bowmanville, ON
2006-031 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Oshawa Clarington Association for
Community Living, Oshawa, Ontario, to enter into agreement for the
lease space at 132 Church Street, Bowmanville, ON
Council Meeting Minutes -22- February 13, 2006
BY-LAWS
2006-032 being a by-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and the Estate of John
Ulrich, in respect to the purchase of 68 East Beach Road, Smart Estate
Plan, Block A, Part Lot 5, Part Lot 9, Broken Front Concession, former
Town of Bowmanville
2006-033 being a by-law to Repeal By-law 2005-217
2006-034 being aby-law to authorize the execution of a Letter of Agreement
between the Municipality of Clarington and Her Majesty the Queen in
right of the Province of Ontario represented by the Minister of
Transportation for the Province of Ontario
“CARRIED”
Resolution #C-075-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-022 to 2006-034, inclusive be
approved.
“CARRIED”
CONFIRMING BY-LAW
Councillor MacArthur stated pecuniary interests earlier in the meeting, and refrained
from voting on the confirming by-law.
Resolution #C-076-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-035 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
13th day of February, 2006, and that the said by-law be now read a first and second
time.
“CARRIED”
Council Meeting Minutes
-23-
February 13, 2006
-
CONFIRMING BY-LAW
Resolution #C-077 -06
Moved by Councillor Schell, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-035 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-078-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the meeting adjourn at 9:10 p.m.
"CARRIED"
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