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HomeMy WebLinkAbout11/28/2005 Council Meeting Minutes November 28, 2005 Minutes of a regular meeting of Council held on November 28,2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, 1. Cannella Director of Community Services, J. Caruana (attended until 7:45 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 7:45 p.m.) Director of Corporate Services, M. Marano (attended until 7:45 p.m.) Director of Finance/Treasurer, N. Taylor (attended until 7:45 p.m.) Director of Emergency Services, G. Weir (attended until 7:45 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 7:45 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-519-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on November 14, 2005, be approved. "CARRIED" Council Meeting Minutes -2- November 28, 2005 PRESENTATION Resolution #C-520-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT representatives of Veridian be added to the agenda as a presentation. "CARRIED" Michael Angemeer, President and CEO along with David Clark and Howard Edmonston presented Mayor Mutton with a dividend payment of $480,000 for 2005. Since 1999 Veridian has distributed $4.2 million in dividend payments. ANNOUNCEMENT David Crome, Director of Planning Services introduced Carlos Salazar, Manager of Community Planning and Development. PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to stop up and close a portion of an unopen road allowance situated in Lot 28, Concession 2, in the former Village of Newcastle, now in the Municipality of Clarington. No one spoke in opposition to or in support of this road closure. DELEGATIONS Alex Ruth, Chair, Kawartha Conservation provided Council with a powerpoint presentation highlighting the following regarding their 2005 Activities and 2006 Budget: . Leading the way to abundant clean water; . Objectives; . Services to the Municipality; . Environmental Advisory Services; . Environmental Technical Services; . Environmental Protection and Restoration Services; . 2005 Initiatives; . 2006 Budget Document; . 2006 Operating Budget Overview; and . 2006 Proposed Initiatives. Council Meeting Minutes -3- November 28, 2005 DELEGATIONS Suzanne Elston, Durham Environmental Advisory Committee (DEAC) appeared before Council to discuss the 2006 Environmental Achievement Awards. The DEAC has established an awards program to recognize individual and collective efforts to promote, preserve and enhance Durham's natural environment. The deadline for nominations is January 30, 2006. Ms. Elston advised Council that two new categories have been added to the list to honour Jessica Markland and Evylin Stroud for their outstanding achievements. Claudette Moreau was called but was not present. COMMUNICATIONS Resolution #C-521-05 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 Item I - 1 . 1-2 A01. KA 1-3 SOO. GE 1-4 A01. GE 1-5 C10.MO "CARRIED" Kawartha Conservation, advising of the following information sessions regarding the proposed Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses for Kawartha Region Conservation Authority: November 22 - Kawartha Conservation Administrative Centre November 24 - Galway - Cavendish & Harvey Municipal Office November 30 - Scugog Community Centre Karen Monaghan, Lakeridge Health, advising Council that Dr. Robert Lake has joined the surgical team at Lakeridge Health Bowmanville. Marolyn Morrison, Mayor, Town of Caledon, providing Council with a copy of the Town of Caledon's inaugural Progress Report for 2004-2005. Carol Grylls, Committee Secretary, Regional Municipality of Durham, advising Council that the Region of Durham on October 25, 2005, passed the following resolution regarding the Employment Land Needs Analysis: "a) THAT Report #2005-P-82 of the Commissioner of Planning be received for information; and Council Meeting Minutes -4- November 28, 2005 COMMUNICATIONS 1-6 C06.LA 1-7 F22. GE 1-8 C06.SA 1-9 C06.CL 1-10 E05.GE I - 11 F11.GE 1-12 S08.GE 1-13 E06.GE b) THAT a copy of Report #2005-P-82 of the Commissioner of Planning be forwarded to the eight area municipalities." Minutes of the Local Architectural Conservation Advisory Committee meeting dated October 18, 2005. (Copy attached) Richard Stephenson, Chair, Assessment Review Board, advising Council that the 2004-2005 Annual Report of the Assessment Review Board has been released and can be reviewed on the Board's website www.arb.qov.on.ca. Minutes of the Santa Claus Parade Committee meeting dated October 24, 2005. Minutes of the Clarington Agricultural Advisory Committee meeting dated October 13, 2005. John R. O'Toole, MPP, Durham, providing Council with a copy of a letter from Ontario's Minister of the Environment, regarding the matter of allowing cement plants to burn used tires as a waste disposal solution and an alternative source of fuel. The Minister advised that the Ministry of Environment does not "develop" disposal methods to be used by municipal governments. The fact is that municipalities have been empowered to pursue a number of waste management options. These systems can include incineration and other energy-from-waste projects for waste that cannot be reused or recycled. The Coreshell Group, providing Council with a copy of the Community Conversations Summary Report, A Dialogue with the Ontario Trillium Foundation. Deborah Lay, Public Health Nutritionist, Durham Region, providing Council with a copy of the Fall 2005 edition of the Food Wellness Newsletter. Brad Brown, Project Manager, TransCanada, advising Council that TransCanada is proposing to add one seven megawatt (MW) electric- driven centrifugal gas compressor to its existing Bowmanville Compressor Station site. The station is located northwest of Mitchell Corners on Langmaid Road. The station currently contains two 2.2 MW electric-driven reciprocating gas compressors. An open house is being held on November 30, 2004, at the Solina Community Hall, from 4:00 p.m. to 8:00 p.m. Council Meeting Minutes -5- November 28, 2005 COMMUNICATIONS 1-14 C07.GE 1-15 C06.CL 1-16 C06.CL I - 17 E05.GE 1-18 C10.MO 1-19 E06.GE 1-20 R01. GE I - 1 M02. GE Andy Koopmans, Executive Director, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), providing Council with a copy of a letter from John Gerretsen, Minister of Municipal Affairs and Housing, advising that he will not be proceeding with amendments to the Municipal Elections Act for the next municipal election in 2006. This means that they do not intend to proceed at this time with proposed changes to the term of office for municipal officials. Minutes of the Clarington Museums and Archives Board meeting dated November 9, 2005. Minutes of the Central Lake Ontario Conservation Authority dated November 15, 2005. John R. O'Toole, MPP, Durham, providing Council with a copy of the excerpts from the Report of the Experts Panel on Sound-Sorb. L.J. Dickson, Councillor Ward 2, Town of Ajax, providing Council with a copy of the "Talking Trash" letter regarding Waste Reduction Week. Jack Gibbons, Chair, Ontario Clean Air Alliance, providing Council with a copy of an eight page report summary of Increasing Productivity and Moving Towards a Renewable Future: A New Electricity Strategy for Ontario. Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on October 24,2005, passed the following resolution: "1. THAT Council adopt a by-law in the form attached as Appendix 1, to implement a 10% Heritage Property Tax Rebate Program, effective January 1, 2006, under the provision of Section 365.2 of the Municipal Act, 2001 to provide tax relief for eligible heritage properties as defined in the Act and in the municipal by-law; and 2. THAT a copy of this by-law be sent by the Clerk to the Region of Durham with a request that the Region pass a by-law to match this tax reduction program." Wioletta Walancik, Special Events Coordinator, Friends of Second Marsh, forwarding the 2004/2005 Leading Member Award for the municipality's financial support to Friends of Second Marsh. Council Meeting Minutes -6- November 28, 2005 COMMUNICATIONS Resolution #C-522-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-1 be received for information. "CARRIED" Correspondence Item D - 9 was received as a handout. CORRESPONDENCE FOR DIRECTION Resolution #C-523-05 Moved by Councillor Pingle, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 2, D - 8 and D - 9. D - 1 C10.MO D-3 M02. GE "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on November 9, 2005, passed the following resolution: "a) THAT we encourage the eight local municipalities to consider adopting the Regional Slow Moving Vehicle Signage program for their locally maintained roads; and b) THAT, where warranted, the eight local municipalities request input fro the Durham Agricultural Advisory Committee, through the Region, on agricultural matters." (Correspondence referred to the Directors of Planning Services and Engineering Services) Valerie Thom, Pitch-In Ontario, requesting proclamation of April 24 - 30, 2006, as Pitch-In Week. (Proclaimed) Council Meeting Minutes -7- November 28, 2005 COMMUNICATIONS D-4 M02. GE D-5 M02. GE D-6 F11.GE D-7 M02. GE John Connolly, Director, Partnerships Division, Community Development and Partnerships Directorate, Social Development Canada, providing Council with a copy of a Nomination brochure for the 2006 Therese Casgrain Volunteer Award. The award honours the memory of Therese Casgrain and acknowledges the contributions Canadian volunteers make to society. It is presented annually to one Canadian man and one Canadian woman whose pioneering spirit, social commitment and lifelong voluntary efforts have contributed significantly to the advancement of a social cause and the well-being of their fellow Canadians. (Correspondence referred to the Municipal Clerk to place an ad in the newspaper) Judith Fowler, Area Manager, Durham Region Chapter, Heart and Stroke Foundation of Ontario, requesting proclamation of the month of February 2006 as Heart Month. (Proclaimed) Jack Higgins, Chairman, Sponsorship Committee, 172 Squadron Clarington "OSPREY", Royal Canadian Air Cadets, requesting Council's support as an ongoing sponsor of their activities. The Air Cadet League of Canada formed a new Air Cadet Squadron located in the Bowmanville area. The Squadron will be known as 172 Clarington "OSPREY" Squadron. Air Cadets is a youth organization for young people between the ages of 12 and 18 years. They are presently recruiting Cadets and they will be located at the Bowmanville High School, however they need to establish permanent office and storage facilities. With this in mind, they are requesting any assistance that Council could provide. (Correspondence referred to the Chief Administrative Officer) Jennifer Cooke, Communication and Marketing Officer, requesting Council's approval to hold the CP Holiday Train Event on Saturday, December 3,2005, from 8:00 p.m. to 10:00 p.m. The following road closures would need to take place: Scugog Street from Church Street to north side of tracks; Wellington, Horsey and Concession Streets will all be closed west of Elgin Street; and Elgin Street will be the detour route for local traffic. (Approved provided organizers apply for and obtain a Road Occupancy Permit) Council Meeting Minutes -8- November 28, 2005 COMMUNICATIONS D-2 T07.GE Diane Lloyd, Chairperson of the Board, Kawartha Pine Ridge District School Board, requesting that sidewalks, crossing guards and consideration of 4-way flashers be installed on Old Scugog Road to help students walking on municipally maintained roads to attend Hampton Junior Public School and M.J. Hobbs School. Resolution #C-524-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D - 2 be referred to the Director of Engineering Services. "CARRIED" D-8 C10.MO Paul Sutherland, Consultant, on behalf of the Dairy, Egg and Poultry Farmers of Ontario, requesting Council to approve the following resolution: "WHEREAS Ontario dairy, poultry and egg farmers are part of a supply- managed system that matches production to Canadian demand; and WHEREAS supply management is a 'uniquely Canadian success story' with a solid 40-year track record of providing high-quality and nutritious food for Canadians; and WHEREAS the dairy, poultry and egg industries are a major economic asset to Ontario generating $2.6 billion in farm cash receipts; sustaining more than $14 billion in economic activity with over 70,000 Ontario jobs depending on supply management; and WHEREAS Canada's food supply and Canada's farms may be at risk of being traded away during the World Trade Organization's Doha Round of negotiations continuing with the Sixth WTO Ministerial Conference to be held in Hong Kong, China, 13-18 December 2005; and WHEREAS dairy, poultry and egg farmers and Federal and Provincial governments have worked together to create a stable and equitable economic environment that benefits every link in the food chain including consumers and farmers; and WHEREAS Canada's economic fabric, both rural and urban, would unravel without supply management; and Council Meeting Minutes -9- November 28, 2005 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington supports the preservation of supply management for Canada's dairy, poultry and egg farmers; processors; consumers and other Canadians who depend on a vibrant farm economy; AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to The Honourable Andy Mitchell, The Honourable Jim Peterson and Prime Minister Paul Martin requesting that they preserve supply management at the WTO trade table; AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Association of Municipalities on Ontario and the Federation of Canadian Municipalities to request that they similarly voice their support for supply management by forwarding a resolution to The Honourable Andy Mitchell, The Honourable Jim Peterson and Prime Minister Paul Martin requesting that they preserve supply management at the WTO trade table." Resolution #C-525-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 8 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" D - 9 Willie Woo and Donna Metcalf-Woo writing regarding the 4th Polar Bear Swim to raise awareness of the urgent need of organ tissue donations and to raise funds for the Canadian Liver Foundation into the research of biliary artresia. Biliary Artresia affects about one child per sixteen thousand births in North America. The bile ducts in the liver fail to develop properly and often lead to severe liver damage. Last year a donation of $4,250.00 was presented to the Canadian Liver Foundation. Since 2006 is the 150th Anniversary of the Incorporation of the Village of Newcastle, the Clarington Polar Bear Swim is proud to partner with the Sesquicentennial celebrations. They are asking Council's approve for the attendance of the members of the Clarington Fire Station #2 to ensure that there is an emergency service presence. Resolution #C-526-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 9 be referred to staff to coordinate. "CARRIED" Council Meeting Minutes -10- November 28, 2005 NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - November 21,2005 Resolution #C-527 -05 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of November 21, 2005, be approved with the exception of Item #1 (c) which is to be deleted and Item #9. "CARRIED" Report EGD-043-05 - 20 King Street East Fagade and Transit Shelter Resolution #C-528-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report EGD-043-05 be received; THAT the fagade and transit shelter as recommended for 20 King Street East, estimated at $400,000, be conceptually approved, that $100,000 of funding be committed from the Clarington Transit Reserve Fund and the remaining $300,000 of the required funding be considered in the Municipality's 2006 Capital Budget; THAT the design development of the fagade and transit shelter be reviewed and refined with the input of the Bowmanville BIA, LACAC, and other stakeholders; and THAT all interested parties listed for Report EGD-043-05 and any delegations be advised of Council's decision. "CARRIED" Council Meeting Minutes -11- November 28, 2005 REPORTS Report #2 - Confidential Report EGD-044-05 - Property Matter Report #3 - Confidential Verbal Report of the Solicitor - Legal Matter Resolution #C-529-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Report EGD-044-05 and the Confidential Verbal Report of the Solicitor be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-530-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Alex Ruth, Chair, Kawartha Conservation be thanked for his presentation regarding Kawartha's 2005 Activities and 2006 Budget. "CARRIED" Resolution #C-531-05 Moved by Councillor Foster, seconded by Councillor Trim THAT the delegation of Suzanne Elston regarding the Durham Environmental Achievement Awards be referred to staff for nominations. "CARRIED" OTHER BUSINESS Regional Update Councillor Schell advised that Central Lake Ontario Conservation Authority has issued a tender for the 36 acres on West Beach Road to overlook the Westside Marsh. Mayor Mutton advised that the Adelaide Avenue Environmental Assessment has been completed along with the recommended alignment. Council Meeting Minutes -12- November 28, 2005 OTHER BUSINESS Boards and Committees Update Councillor Foster advised that the Clarington Youth Advisory Committee has met to discuss future fundraising events. Councillor MacArthur congratulated the organizers of the first Annual Newcastle Santa Claus Parade. Councillor Robinson thanked the Operations Department for all the work that they do during the year to assist the organizers of special events. He also noted that the Clarington Agricultural Advisory Committee prefers Clarington's "Share the Road Sign" versus the Region's. Mayor Mutton advised that the Holiday Train which is occurring this Saturday, December 3,2005 at 8:00 p.m. should be a fantastic event. Councillor Schell advised that the Bowmanville Christmas Tree Lighting and Midnight Madness event will occur this Friday, December 2, 2005. Councillor Foster advised that the Courtice Christmas Tree Lighting Ceremony will occur on Thursday, December 1, 2005. Councillor Trim commented on an article in the Clarington This Week regarding a hospital survey. Many years ago there were hospitals in Port Hope and Cobourg now there is only the new hospital in Cobourg. Due to the lack of money and cut backs at Lakeridge Bowmanville, he is fearful that it is only a matter of time that the Bowmanville hospital closes and he would hate to see this happen. Resolution #C-532-05 Moved by Councillor Robinson, 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" Council Meeting Minutes -13- November 28, 2005 OTHER BUSINESS Resolution #C-533-05 Moved by Councillor Robinson, seconded by Councillor Pingle WHEREAS Council is supportive of the ongoing success of the farmers market undertaken in conjunction with the Clarington Board of Trade; WHEREAS Council on May 2,2005, approved an interest free loan of $5,000 to be repaid in two years to fund start-up costs associated with the farmers market; NOW THEREFORE BE IT RESOLVED THAT the interest-free loan be repaid as follows: $2,500 at the end of the market season in 2006 and $2,500 at the end of the market season in 2007 in order to allow the farmers market time to further develop and enhance the popularity of the market. "CARRIED" Resolution #C-534-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the meeting be "closed" to consider Confidential Report EGD-044-05 and the Confidential Verbal Report of the Solicitor. "CARRIED" Resolution #C-535-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Meeting Minutes -14- November 28, 2005 BY-LAWS Resolution #C-536-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-219 to 2005-229, inclusive and that the said by-laws be now read a first and second time: 2005-219 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (The Kaitlin Group Ltd.) 2005-220 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Leslie Chatham) 2005-221 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Home-Land Development Group Limited) 2005-222 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Braunstein, Braunstein Construction Ltd., Toronto, Ontario t enter into agreement for the Rehabilitation of Sand Dome (former) Waste Transfer Station 2005-223 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Division Street Reconstruction 2005-224 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Switz-Con Construction Services ltd., Cobourg, Ontario, to enter into agreement for the Westmore Street and Jane Avenue Reconstruction, Courtice 2005-225 being a by-law to appoint a Manager of Municipal Law Enforcement to delegate Council's authority to conduct hearings and to rule on appeals, as per section 104 of the Municipal Act, and to repeal By-law 91-158 2005-226 being a by-law to amend By-law 99-90, a by-law to license, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein Council Meeting Minutes -15- November 28, 2005 BY-LAWS 2005-227 being a by-law to declare Part 1 on Reference Plan 40R-23825 to be surplus 2005-228 being a by-law to stop and close as a public highway Part 1 on Reference Plan 40R-23825 and to authorize the conveyance of Part 1 on Reference Plan 40R-23825 to Dr. Aubrey Kassirer and Dr. Debra Jefferson 2005-229 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Dillon Sawyer, in respect to the purchase of 1 St. George Street North, Part Block 3, C. G. Hanning's Plan, former Town of Bowmanville, Municipality of Clarington, Regional Municipality of Durham "CARRIED" Resolution #C-537 -05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-219 to 2005-229, inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Councillor Pingle stated a pecuniary interest during the "closed" session and refrained from discussion and voting on the confirming by-law. Resolution #C-538-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-230 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 28th day of November, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-539-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-230 be approved. "CARRIED" Council Meeting Minutes ADJOURNMENT Resolution #C-540-05 Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting adjourn at 8:26 p.m. -16- November 28, 2005 "CARRIED" MAYOR MUNICIPAL CLERK Council Meeting Minutes -17- November 28, 2005