HomeMy WebLinkAbout04/05/2004
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
April 5, 2004
Minutes of a regular meeting of Council
held on April 5, 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, Pingle
Councillor G, Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J, Caruana
Director of Emergency Services/Fire Chief, Mike Creighton
Director of Planning Services, D. Crome
Solicitor, Dennis Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Administrative Assistant to the Clerk, C, Tennisco
Municipal Clerk, p, Barrie
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
There were no disclosures of pecuniary interest stated for this
meeting,
Resolution #C-167-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on
March 22, 2004, be approved.
"CARRIED"
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Council Minutes
DELEGATIONS
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April 5, 2004
Mayor Mutton advised that the Transit Initiative Coordinating
Committee has voted to proceed with the Business Case. The
Finance Committee will be voting on this item April 6th, 2004.
Councillor Shell inquired as to the time line for the Business Case.
Mayor Mutton informed Council it would be September, 2004.
Don Gibson, 23 Shipley Avenue, Newcastle, L 1 B 1 M7 appeared
before Council regarding Report CLD-014-04. He was appealing
the "Order to Restrain" on the basis of the investigation.
Mr. Gibson apologized for the incident that occurred with
Ms. Dawson's dog and admitted, due to a recent death, he was not
aware of what his dogs were doing, Mr. Gibson stated he took
control of the situation when Ms. Dawson become upset. He
advised Council he was very concerned for Ms. Dawson's dog and
acted responsibly by covering the costs incurred by the veterinarian
and did follow up after the occurrence with Ms. Dawson. Mr.
Gibson is requesting from Council that only the dog "Bailey" be
required to be muzzled as the other dog is not aggressive.
Mary Dawson, 3 Bridges Drive, Newcastle, L 1 B 1 M6 appeared
before Council regarding Report CLD-014-04. Ms. Dawson is
requesting that Council uphold the "Order to Restrain" on Mr.
Gibson's dogs. She stated Mr. Gibson did take full responsibility for
the incident, however, she stressed pet owners must be
responsible for their animals. This includes pets being on a leash
at all times.
Bruce Ellis, 7486 Thompson Road, Kendal, LOA 1 EO addressed
Council with respect to concerns regarding Zoning By-law Changes
and the operation of a kennel and/or fur farms in non-residential
areas. Mr. Ellis and the residents of the Hamlet of Kendal and the
agricultural community also have concerns regarding handling of
animal waste and water quality and the well being of animals,
Mr. Ellis stated the current by-laws regarding these issues are
antiquated and must be addressed,
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Resolution #C-168-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information, be
approved with the exception of Items I - 2, I - 3, I - 4, I -10, I -11
and I -13,
"CARRIED"
Tom Mitchinson, Assistant Commissioner, Office of the Information
and Privacy, Commissioner/Ontario, submitting to Council a copy of
the Best Practices for Institutions in Mediating Appeals under the
Freedom of Information and Protection of Privacy Act and the
Municipal Freedom of information and Protection of Privacy Act.
"Best Practices" was produced at the conclusion of a joint pilot
project involving the Information and Privacy Commission and
Ministry of the Attorney General to enhance the mediation process
and outcomes with respect to appeals.
(Received for Information)
Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1
regarding the Watershed 2004 - 2008, 5-year Capital and
Operating Budget for the Black-Farewell-Harmony Creeks in
Courtice and Special Study area agreements. Mrs. Racansky
advises of the importance of supporting Conservation Authorities'
attempt to provide healthy watersheds in the Region, It is critical to
find out carrying capacity of the remaining undeveloped
groundwater recharge area. She asks that the following
conservation authority budget concerns be considered:
Based on previous estimates, is $100,000 budgeted for
Black-Farewell-Harmony including the smaller watersheds a
sufficient amount for a large area?
Developers must cover a proportional amount of the cost for
this study; is the amount to be covered by developer's part of
the amount to be allocated for the rehabilitation of the
watershed,
Watershed planning to contain guidelines as described in the
Draft Terms of Reference; and
Public participation in the planning.
(Received for Information)
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April 5, 2004
Kim Coates, Clerk, Township of Scugog, advising the Regional
Municipality of Durham that on March 8, 2004, Scugog Council
passed the following resolution:
" WHEREAS the Region of Durham has enacted
By-law No, 11-2004 to provide for the transfer of transit
services to the Region which requires a triple-majority
consent;
AND WHEREAS the implementation of a transit service on
a Regional basis would provide for future opportunities for
the establishment of transit services within the Township of
Scugog and upholds one of the principles of Regional
government to provide for the distribution of major financial
commitments on a regional basis, a principle which is
supported by the Township of Scugog;
AND WHEREAS the Durham Transit Improvement Plan
recommended that a business case financial analysis be
undertaken to identify costs and benefits associated with a
Regional transit system and such a study has not been
completed at this time;
AND WHEREAS By-Law 11-2004, of the Regional
Municipality of Durham, specifies that all rights, obligations,
assets, and liabilities shall be transferred to the Region of
Durham subject to such terms and conditions as may be
mutually agreed;
AND WHEREAS the terms and conditions of the transfer
have not been identified;
NOW THEREFORE the Council of the Corporation of The
Township of Scugog resolves:
1 ) THAT a decision on the by-law to transfer transit
services to the Region of Durham be considered at
such time as the business case financial analysis has
been completed;
2) AND THAT the terms and conditions associated with
the transfer of all rights, obligations, assets, and
liabilities, as may be mutually agreed, be known prior
to rendering a decision on this matter;
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3) AND THAT this matter be considered by Council upon
receipt of the business case financial analysis as well
as the terms and conditions associated with said
transfer and that the Region be so advised of our
decision at that time;
4) AND THAT a copy of this resolution be forwarded to
the Region of Durham with copies provided to all area
municipalities,"
(Received for Information)
Kim Coates, Clerk, Township of Scugog, advising Council that at a
meeting on March 8, 2004 Scugog Council endorsed the
Municipality of Clarington's resolution requesting the Province of
Ontario to table legislation to amend the Development Charges Act.
(Received for Information)
Federation of Canadian Municipalities advising Council that the
GST rebate is effective February 1 ,2004. Municipalities will
receive the refund only when enabling legislation is passed by the
House and Senate and receives Royal Assent. Demonstrating
through public events and media releases, how the GST refund has
been used, particularly for capital projects, will influence the
Government of Canada's receptivity to future revenue sharing
agreements.
(Received for Information)
Marolyn Morrison, Mayor, Town of Caledon, writing to the
Honourable Dalton McGuinty, Premier regarding a meeting with the
mayors in the Greater Toronto Area to determine the interest and
need to present a collective voice to Queens Park on local
municipal issues in their part of the GT A. The unanimous decision
was that a group be officially formed and a second meeting be held
in June, 2004.
(Received for Information)
Federation of Canadian Municipalities advising Council that the
March 23, 2004 budget confirms the government's down payment
on the New Deal. The accelerated infrastructure commitments and
100% GST refund are important steps in the right direction. The
Government confirmed its intention to work with the provinces and
territories to share with municipal governments a portion of gas-tax
revenues or to determine other fiscal mechanisms that achieve the
same goals.
(Received for Information)
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April 5, 2004
Sue Campbell, Waste Reduction Supervisor, The Regional
Municipality of Durham, writing to John O'Toole, MPP, Durham, in
regards to a constituent's concern over the Blue Box Program. The
Region offered solutions to the constituent's issue with blowing
papers and will explore the option of wheel accessories for Blue
Boxes,
(Received for Information)
Margot Weir, CEO, Whitby Chamber of Commerce, advising
Council that the Board of Directors of the Whitby Chamber of
Commerce has unanimously voted in favour of supporting the
position of the Town of Whitby in regards to the Proposed
Amalgamation of Local Transit Services in Durham Region. The
Chamber of Commerce feels it is imperative the Region follow the
principles laid out in the Durham Region Transit Improvement Plan,
They appreciate the efforts of Council's decision asking the Region
to undertake a business case analysis before considering the
transfer of authority over to the Region.
(Received for Information)
Victorian Order of Nurses, Durham Region Branch, advising
Council that they will no longer provide visiting nursing and mental
health services, effective June 1, 2004, as contracted provider to
Durham Access to Care. VON was unsuccessful in the recent
competitive bidding process, but will continue to pursue
opportunities to help respond to the primary care concerns in the
area to meet community needs.
(Received for Information)
Elizabeth Dowdeswell, President, Nuclear Waste Management
Organization, submitting a copy of the "Annual Report 2003, From
Dialogue to Decision: Managing Canada's Nuclear Fuel Waste".
(Received for Information)
Sandra Kranc, City Clerk, The Corporation of the City of Oshawa,
advising Council that on March 15,2004, their Council endorsed
the Municipality of Clarington's resolution on Development Charges
Act - Hospital Funding.
(Received for Information)
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Council Minutes
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April 5, 2004
p, M, Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24, 2004, Regional Council passed
the following resolution:
"THAT the Province be advised that while the Region of
Durham supports the Province's intent to protect
environmentally sensitive land and the agricultural land base
in the Golden Horseshoe, Bill 27 represents only one
element of what is needed, that being a much broader
growth management approach that must also put emphasis
on 'tools to implement' existing official plans;
THAT the Province provide details on the mechanisms
required to facilitate exemptions to the Act;
THAT the Region of Durham supports the proposed
amendments to the Oak Ridges Moraine Conservation Act,
2001;
THAT the public consultation process to be undertaken by
the Greenbelt Task Force, be extensive and provide for the
convenient participation of the Region, with at least one
meeting to be held in the Region of Durham and that the
Region of Durham offers to host such meeting(s);
THAT Report #2004-P-26 of the Commissioner of Planning
be endorsed and submitted to the Ministry of Municipal
Affairs, as the Region's comments on EBR Registry
#03E0002;
THAT the Greenbelt Task Force be requested to review and
comment on the possible ramifications of development leap-
frogging development to areas outside the lands subject to
the Zoning Order and legislation;
THAT the 60 day consultation period and the 90 day time
frame provided by the Greenbelt Task Force to produce an
approach to greenbelt protection be extended and that the
Councils of the affected municipalities be given an adequate
opportunity to comment on the results prior to legislation
being enacted;
THAT Bill 27 and any subsequent legislation and related
plan must, in no way, encumber the provision or extension of
provincial and municipal Infrastructure, including water,
sewer and transportation systems; and
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April 5, 2004
THAT Report #2004-P-26 of the Commissioner of Planning
be forwarded to the area municipalities, and other affected
regions for their information."
(Received for Information)
Minutes of the Central Lake Ontario Conservation Authority
meeting dated March 16, 2004,
(Received for Information)
Donald G, McKay, Director of Corporate Services/Clerk, The
Corporation of the Town of Whitby, advising Council that on
March 22, 2004, Whitby Council passed the following resolution:
"That the Council of the Town of Whitby oppose Regional
By-law 11-2004;
That further consideration by the Region of Durham of By-
law 11- 2004 be deferred until such time as a business case
supporting the transfer of transit service from the lower-tier
to the upper-tier is approved by the Council of the Regional
Municipality of Durham and the Councils of the affected area
municipalities, which shall include, but not be limited to the
following:
(a) strategic direction for regional expansion;
(b) strategic direction for local services;
(c) human resources plan;
(d) asset and debt assumption policy;
(e) contract assumption policy; and,
(f) servicing and financing study;
That should Regional Council not obtain a triple majority vote
for the transfer of authority to operate transit, that the
amount of the previous GO levy currently rebated to
municipalities be removed from the regional tax levy;
That public consultations be undertaken by the Region in
Whitby and elsewhere in order for taxpayers to clearly
understand the financial and service implications and to
provide their input; and,
That copies of Public Works Director's Report Item 14-04, be
forwarded to the Minister of Municipal Affairs and Housing,
the Chambers of Commerce and business associations
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April 5, 2004
within the Region, the Region of Durham, all area
municipalities within Durham, the District School Boards, and
all local transit authorities in Durham,"
(Received for Information)
p, M. Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24, 2004, Regional Council passed
the following resolution with respect to the 2003 annual building
permit activity review:
"a) THAT Report 2004-P-28 of the Commissioners' of
Planning be received for information; and
b) THAT a copy of Report 2004-P-28 of the
Commissioner of Planning be forwarded to the local
area municipalities,"
(Received for information)
p, M. Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24, 2004, Regional Council passed
the following resolution regarding the Urban Transportation
Showcase Program "Smart Commute Initiative":
"a) THAT Report 2004-P-27 of the Commissioner of
Planning be received for information; and
b) THAT a copy of Report 2004-P-27 of the
Commissioner of Planning be forwarded to the area
municipalities in the Region of Durham."
(Received for information)
P. M. Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24, 2004, Regional Council passed
the following resolution:
"a)
THAT the posted speed limit on Regional Road 3,
east and west of the Hamlet of Enniskillen, be
increased from 50km/h to 70 km/h, and that the
Regional Solicitor be directed to prepare an amending
by-law to By-law No. 5-96, generally in the form
included as Attachment NO.2 to Report #2004-W-48
of the Commissioner of Works, for presentation to
Regional Council for three (3) readings and passage;
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b) THAT the Works Department proceeds with the
corridor treatments as outlined in Report #2004-W-48
of the Commissioner of Works; and
c) THAT a copy of Report #2004-W-48 of the
Commissioner of Works be provided to:
. The Municipality of Clarington
. The Durham Regional Police Service
. The Kawartha Pine Ridge District School
Board
. The Peterborough, Victoria, Northumberland
and Clarington Catholic District School Board;
and
. Mr. & Mrs. S. Nimigon, Enniskillen residents."
(Received for Information)
Minutes of the Samuel Wilmot Nature Area Advisory Committee
meeting dated March 9, 2004,
(Received for Information)
George S. Graham, Clerk-Administrator, The Township of Brock,
advising Council of their endorsement on the Municipality of
Clarington's resolution on Development Charges Act - Hospital
funding.
(Received for Information)
George S. Graham, Clerk-Administrator, The Township of Brock,
advising Council that the Minister's Zoning Order imposed on
December 16th, 2004 has severely impacted development within
their municipality, forcing them to request an exemption from the
moratorium, The Township of Brock Council is in receipt of
information advising of the appointment of a Greenbelt Task Force,
(Received for Information)
P. M, Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24th, 2004, Regional Council
passed the following resolution:
"a)
THAT the Region of Durham resubmit, to the Minister
of Environment, Report #2003-COW-03 of the
Commissioners of Finance, Works, Planning, the
Medical Officer of Health and the Regional Solicitor
(endorsed by Regional Council in June 2003) which
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COMMUNICATIONS
advised the Province to undertake the following
actions in developing an effective source water
protection framework:
i) Develop the Source Protection Planning
Framework as one section of the provincial
Source To Tap Water Policy Manual, which
would include:
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describe all linkages to related
legislation and policy such as the
Planning Act, Safe Drinking Water Act,
Environmental Protection Act or
Provincial Policy Statement, etc.
contain comprehensive source water
protection provisions including policies
and strategies for protection of Great
Lakes and boundary rivers as the
primary drinking water sources for
Ontarians;
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ii) Within the legislative and policy framework for
source protection planning, offer several
models for delivering the mandatory
components of a source protection plan
including:
. a model that permits delivery of the
Source Protection Plan by single or
upper tier municipalities (similar to the
York Peel Durham model);
iii) Avoid administrative duplication and
jurisdictional complexity by building on and
enhancing the current land use and watershed
planning processes and mechanisms to
achieve source protection planning objectives;
iv)
Within the municipal delivery model, build on
existing mandated roles and responsibilities,
and the expertise of Conservation Authorities,
Public Health Departments and municipalities,
to deliver source protection planning by:
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. making Conservation Authorities the
lead for development of science-based
watershed plans
. making single/upper tier municipalities
responsible for integrating the
watershed plan(s) into a single Source
Protection Plan to guide municipal
plans, operations and decision-making
in regard to source water protection
. having the single/upper tier municipality
seek approval of the integrated
municipal source protection plan from
MOE;
v) Commit to a sustainable financing strategy for
province-wide source protection planning that
includes:
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shifting the burden of core funding for
mandated Conservation Authority
functions from municipalities back to the
Province
making an estimated multi-year budget
for work outlined in the Source
Protection Plan a requirement for Plan
approval
making a test of affordability of the Plan
for the municipality part of the MOE
approval process
Incorporating the Provincial commitment
to funding its share of the Source
Protection plan into MOE's approval of
the Plan.
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vi) Create a legislated focus on source water
protection as a land use planning priority that is
integrated into the existing land-use planning
framework by:
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revising the Provincial Policy Statement
to place a much higher priority on
source water protection and greater
attention to watershed planning
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. amending the Planning Act to require
municipalities and the OMB to ensure
that Official Plans and planning
decisions conform to the source water
protection requirements of the PPS
. using the precautionary principle as the
test for planning appeal decisions where
the impact of a proposed development
on source water is unclear;
vii) In addition, the Province should:
. Incorporate findings from previous
research into the source protection
framework
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Conduct additional consultation with
municipalities, conservation authorities
and public health units on creating
functional, effective, accountable roles
and responsibilities for delivery of
source protection planning without
duplication
Provide new powers and resources to
municipalities and Conservation
Authorities to implement any new
responsibilities associated with source
protection planning
Consider the York Peel Durham
groundwater strategy data sharing
agreement as a model for data sharing
province-wide;
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b) THAT Report #2004-COW-03 of the Commissioners
of Finance, Works, Planning, the Medical Officer of
Health and the Regional Solicitor be endorsed and
forwarded to the Minister of the Environment (MOE)
as the Region of Durham's additional comments on
the White Paper on Watershed Based Source
Protection Planning; and
c)
THAT a copy of Report #2004-COW-03 of the
Commissioners of Finance, Works, Planning, the
Medical Officer of Health and the regional Solicitor be
forwarded to the Minister of Municipal Affairs and
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Housing, Durham MPPs, the Association of
Municipalities of Ontario, the local area municipalities
and the five Conservation Authorities (CAs) located in
Durham."
(Received for Information)
The Honourable Premier Dalton McGuinty advising Council of The
Strong Communities (Planning Amendment) Act, which would limit
the role of the Ontario Municipal Board in making planning
decisions for the communities and return those powers to the
people,
(Received for Information)
Greg Sorbara, Minister of Finance, advising Council of two policy
decisions by the provincial government regarding municipal
flexibility and autonomy in setting tax policy for the 2004 taxation
year:
1)
Municipalities will be authorized to increase the tax ratio of
one or more business property classes to the extent
necessary to prevent tax shifting onto the residential class as
a result of reassessment.
2) Municipalities with property classes that are subject to the
levy restriction (whose tax ratios exceed a prescribed
threshold ratio) will be permitted to apply a municipal tax
increase to those classes, but the tax increase may not
exceed 50% of any tax rate increase levied on the residential
class.
The current legislative and regulatory framework governing
the setting of municipal property tax rates is too restrictive,
The government believes it is important to give municipalities
the flexibility to make tax policy choices that are sensitive to
their local circumstance.
Resolution #C-169-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1-2 be received for information,
"CARRIED"
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April S, 2004
Mayor David Miller, City of Toronto, writing to the Honourable David
Caplan regarding the Greater Toronto Transportation Authority.
Toronto City Council is requesting that the Province of Ontario
consult with Toronto, the TIC and other municipalities and transit
operators in the GTA on the scope, mandate, role and powers of
such an authority,
Resolution #C-170-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I - 3 be endorsed.
"CARRIED"
News Release from the Ministry of Finance advising Council that
the government is addressing the property tax concerns of three
groups facing new assessments or classification - Maple syrup
producers, trailer park owners, and trailer park occupants. The
Government has directed MPAC to suspend further changes for the
maple syrup producers and have cancelled assessments issued in
November, 2003 for trailers in seasonal campgrounds. They are
committed to establishing clarity and uniformity in property
assessment and classification by working with Ontarians.
Resolution #C-171-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1-4 be received for information.
"CARRIED"
Frank Hoar, Secretary, Newcastle Bond Head Ratepayers'
Association, advising Council of their support of the resolution to
make the Regional Chair's position an elected Office.
Resolution #C-172-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I - 10 be referred to the Municipal
Clerk's Department.
"CARRIED"
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Jim Bradley, Minister of Tourism and Recreation, advising Council
of the vital role of the tourism industry has in contributing to
Ontario's economic health and well being, The government
believes that a strong tourism sector creates vitality in our cities and
towns and helps support local businesses and jobs. By
encouraging tourism development, a municipality is actually
encouraging economic development in other sectors. The
government has committed $30 million to help our tourism industry
and communities bring visitors back to Ontario.
Resolution #C-173-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT Correspondence Item I - 11 be referred to the Director of
Corporate Services.
"CARRIED"
Jennifer Sherlock and Ian Smith, Courtice Business Association,
thanking Council and interested parties for their participation over
the past five years. Due to the growth of new organizations in the
Courtice area they do not feel the Association, in its present format,
is continuing to serve a vital role and will end their monthly
meetings, The Courtice Business Association will stay alive as
issues may arise in the future,
Resolution #C-174-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 13 be received for information.
"CARRIED"
Resolution #C-175-04
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 - 13, inclusive,
"CARRIED"
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April 5, 2004
David Staples, Great Canadian Town Band Festival, requesting
Council's approval to hold a parade, in Orono, on Saturday, June
19th, 2004. The parade route leaves the Orono Fairgrounds at
10:00 a.m. to Centreview Street, along Main Street to Station Street
turning on Leigh Street arriving at Sylvanus Gardens at
approximately 11 :00 a.m.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
David Staples, requesting Council's approval to hold the annual
parades associated with the Durham Central Fair - Orono as
follows:
. Elementary School Parade - Friday, September 10th, 2004;
and
. Fair Parade - Saturday, September 11th, 2004,
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permits from the Engineering Services
Department)
Rev. Barry Taylor, Senior Pastor, Trulls Road Free Methodist
Church, requesting Council's approval to hold a "Police and
Emergency Services Appreciation Parade" on Saturday, June 19th,
2004. This church service is to honour the men and women for the
work they perform for our community and to say thank-you,
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permits from the Engineering Services
Department)
Udo and Heather Stevens, 3166 Hancock Road, Courtice,
L 1 E 2M1, advising Council of development concerns. Proposed
development may bring devastation to the wetlands, plow through
farmlands (which are viable for crops) and put the Highway 407 in
our front yard.
(Correspondence referred to the
Director of Planning Services
Department)
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April 5, 2004
Sandra Kranc, City Clerk, The Corporation of the City of Oshawa,
advising Council that on March 15,2004 Oshawa Council passed
the following resolution:
"1 , That Report OS-04-52 dated February 4, 2004, from
the Commissioner of Operational Services be
received for information, and for the reasons outlined
in Report OS-04-52:
(a)
There be no universal implementation of 40
km/h speed limits on streets under the City's
jurisdiction, except in the vicinity of schools and
in front of all parks on City streets;
That City representatives work cooperatively
with the Durham Regional Police Service, the
Region of Durham and the area municipalities
to find ways to achieve a better level of
compliance with existing speed limits through
engineering, education initiatives, and the
provision of a higher level of regular
enforcement.
(b)
2. That copies of Report OS-04-52 be sent to:
(e)
(f)
(a)
(b)
(c)
The Region of Durham
Durham Regional Police Service
All area municipalities in Durham Region, and
they be requested to support a co- operative
approach to find ways to enhance a higher
level of compliance with existing speed limits in
the Region of Durham
Ontario Minister of Transportation with a
request to place the highest priority on the
legislation required to enable municipalities to
use photo radar
John O'Toole, MPP Durham, 75 King Street
East, Bowmanville L1C IN4 and Jerry Ouellette,
MPP Oshawa, 170 Athol Street East, Oshawa
L1H IKI, for information, and
Susan Shetler, 53 Taunton Road East,
Oshawa."
(Correspondence referred to the
Director of Engineering Services)
(d)
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Council Minutes
COMMUNICATIONS
D-6
C10.MO
D-7
S08.GE
D-8
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April 5, 2004
p, M. Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24, 2004, Regional Council passed
the following resolution regarding the Ontarians with Disabilities
Act, 2001:
"a) THAT the recommendations and comments contained
in Report #2004-COW-04 of the Chief Administrative
Officer be endorsed as the Region's response to the
provincial consultation process;
b) THAT Report #2004-COW-04 of the Chief
Administrative Officer be forwarded to the Minister of
Citizenship and Immigration as Durham Region's
submission for the provincial consultation process on
Ontarians with Disabilities Act, 2001; and
c)
THAT Report #2004-COW-04 of the Chief
Administrative Officer be forwarded to the local area
municipalities for their information."
(Correspondence referred to the
Municipal Clerk)
Karen Monaghan, Communication, Community Relations & Public
Affairs Officer, Lakeridge Health, requesting the proclamation of the
week of May 10, 2004 as "Nursing Week" to honour all nurses,
(Proclaimed)
Liz Sandals, MPP, Co-Chair, Ontario Crime Control Division,
requesting Council to nominate up to three individuals for the
Commission's "2004 Award of Excellence for Fighting Crime".
Nominations close April 30, 2004.
Resolution #C-176-04
Moved by Councillor MacArthur, seconded by Councillor Shell
THAT Staff Sergeant Bruce Townley and Detective Kim Bolluck of
Durham Regional Police Services be nominated for the 2004 Award
of Excellence for Fighting Crime.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D - 9
F22.GE
D -10
F22.GE
D - 11
E05.GE
- 20-
AprilS, 2004
Leah Casselman, President, Ontario Public Service Employees
Union, requesting Council's support for the Ontario Public Service
Employees Union's concerns regarding 'Improving Service Quality
at the Municipal Property Assessment Corporation' and request a
review of the Municipal Property Assessment Corporation's
practices. OPSEU is asking that new properties get onto
assessment rolls in a timely fashion and has corresponded with
Greg Sorbara, Minister of Finance to conduct an independent
review on this issue.
Resolution #C-177-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D - 9 be received for information.
"CARRIED"
John Hogg, PresidenVCEO, Cole Layer Trumble Canada Inc"
requesting Council, by way of a resolution to support the concept of
a competitive property assessment system in Ontario and forward
the resolution to the areas local MPP as well as Greg Sorbara,
Minister of Finance and themselves.
Resolution #C-178-04
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Correspondence Item D - 10 be received for information.
"CARRIED"
Mayor Robert S. Macisaac, Chair, Greenbelt Task Force,
requesting Councils' input on greenbelt issues to shape a public
consultation document that will cover a number of themes,
including agricultural protection, the Niagara tender fruit and grape
lands, environmental protection, infrastructure and transportation,
mineral aggregates and recreation and tourism opportunities for the
Golden Horseshoe. Municipalities can become involved by
attending a meeting specifically for municipal officials or attending
one of the regionally dispersed stakeholder workshops, or attending
public meetings during the consultation period in May and June,
2004, or writing a letter to the Minister of Municipal Affairs and
Housing or the Task Force expressing the municipality's views on
future greenbelt protection.
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Council Minutes
COMMUNICATIONS
D - 12
C10.MO
D - 13
C12,GE
- 21 -
April 5, 2004
Resolution #C-179-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT Correspondence Item D - 11 be referred to the Director of
Planning Services.
"CARRIED"
P. M. Madill, Regional Clerk, The Regional Municipality of Durham,
advising Council that on March 24, 2004, Regional Council passed
the following resolution:
"a) THAT the proposed by-law, Attachment #1 to
Report 2004-J-11 of the Commissioners' of Finance
and Works, providing for the transfer of the lower-tier
power, relating to residential solid waste collection in
the City of Pickering, to the Region of Durham be
presented to Council and enacted; and
b)
THAT the enacted by-law be forwarded to the
Councils of the lower tier municipalities requesting
resolutions consenting to the by-law,"
Resolution #C-180-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the resolution of The Regional Municipality of Durham
regarding the Transfer of Residential Waste Collection
responsibility from the City of Pickering to the Regional Municipality
of Durham be endorsed and the passage of the proposed by-law be
approved.
"CARRIED"
Evelyn R. Smith, Executive Director, Social Development Council,
Ajax-Pickering, extending an invitation to members of Council to
become a member of the Council Board for the Community
Development Council Durham. Meetings take place on the last
Wednesday evening of each month in Ajax. It is a welcomed
challenge to explore the issues facing each municipality.
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Council Minutes
COMMUNICATIONS
NOTICE OF MOTION
REPORTS
Report #1
G.P.A. Report
March 29, 2004
Item #8
Seniors'
Snowclearing
Program
- 22-
April 5, 2004
Resolution #C-181-04
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Correspondence Item D - 13 be received for information.
"CARRIED"
Resolution #C-182-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report
of March 29, 2004, be approved with the exception of Item #8 and
Item #20.
"CARRIED"
Resolution #C-183-04
Moved by Councillor Shell, seconded by Councillor MacArthur
THAT Report OPD-001-04 be referred back to staff to allow for
investigation into other government agencies to assist with the
snow clearing program.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Councillor Foster
Councillor MacArthur
Councillor Pingle
Councillor Robinson
Councillor Shell
Councillor Trim
Mavor Mutton
Yes
.J
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...r
...r
,{
...r
...r
No
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Council Minutes
REPORTS
Item #20
Clarington
Firearms
Committee
Report #2
Order To
Restrain
- 23-
April 5, 2004
Resolution #C-184-04
Moved by Councillor Pingle, seconded by Councillor Trim
THAT the delegation of Tom Vendrasco, Clarington Firearms
Committee be referred to the Municipal Clerk's Department.
"CARRIED"
Resolution #C-185-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report CLD-014-04 be received; and
THAT the Order to Restrain served on Don Gibson be upheld.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTIONS)
Resolution #C-186-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Orders to Restrain served on Don Gibson be amended
by deleting the requirement for the dogs to be microchipped.
"CARRIED"
Resolution #C-187-04
Moved by Councillor Pingle, seconded by Councillor Schell
THAT the Orders to Restrain, as amended, served on Don Gibson
be in effect for a one-year period, expiring April 5, 2005.
"CARRIED"
The foregoing Resolution #C-185-04 was then put to a vote and
CARRIED AS AMENDED.
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Council Minutes
April 5, 2004
- 24-
REPORTS
Report #3 Resolution #C-188-04
Funding Moved by Councillor Pingle, seconded by Councillor MacArthur
Tapp C Program
THAT Report ESD-007-04 be received;
THAT the amount of $2,374,36 required for the TAPP-C Program
in 2004, be drawn from the Fire Prevention Reserve Account
No. 100-00-000-00000-2908 (formerly 2900-8-x); and
THAT a new line item for this funding be set up for future Current
Budgets.
"CARRIED"
Report #4
Resolution #C-189-04
Consulting Moved by Councillor Robinson, seconded Councillor Ping Ie
Services
Commercial Policy THAT Report COD-017-04 be received;
Review
THAT Meridian Planning Consultants Inc., Barrie, Ontario including
their sub consultants Brooks Mcilroy Inc. and urbanMetrics Inc. with
a total bid in the amount of $125,780.00 (plus GST), being the
lowest most responsible bidder meeting all terms, conditions and
specifications of Request for Proposal RFP 2004-2, be awarded the
contract for the consulting services for the Commercial Policy Study
and the Bowmanville West Main Central Area Secondary Plan
Review as required by the Planning Services Department;
THAT Totten Sim Hubicki Inc. be awarded the transportation
component of the study under the existing municipal contract for an
amount of $26,200,00 (plus GST);
THAT West Diamond Properties Inc. and Players Business Park
LId, and Valiant Property Management contribute $106,980.00
towards the Commercial Policy Review and Bowmanville West
Main Central Area Secondary Plan Review Account for payment of
consulting services;
THAT the traffic and transportation growth-related component of
the study, being $23,842,00 be drawn from Roads and related
Development Charges Reserve Fund;
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Council Minutes
REPORTS
Report # 5
Ridge Pine
Park Inc.
- 25 -
April 5, 2004
THAT the planning growth-related component of the study, being
$13,893.00, be drawn from the Development Charges General
Government Reserve Fund;
THAT the non-growth-related portion not eligible for development
charges financing, being $7,265.00, be drawn from the Planning
Department Consulting Budget;
THAT the By-law attached to Report COD-017-04 as Schedule "A"
authorizing the Mayor and Clerk to execute the necessary
agreement be approved; and
THAT the By-law attached to Report COD-017-04 as Schedule "B"
authorizing the Mayor and Clerk to execute an agreement
regarding the use of securities for the funding of the Study with
West Diamond Properties Inc" Players Business Park LId, and
Valiant Property Management LId be approved.
"CARRIED"
Resolution #C-190-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Staff Report PSD-039-04 be received;
THAT the Mayor and Clerk be authorized on behalf of the
Municipality to execute a Notice of Assignment of Lessor's Interest
for the Leases referred to in the Lawrence, Lawrence, Stevenson
LLP letter dated February 10, 2004;
THAT the By-law attached to Staff Report PSD-039-04 be
approved by Council; and
THAT all interested parties listed in the Report and any delegations
be advised of Council's decision.
"CARRIED"
Report # 6 was distributed to Council as a handout.
". 't,. _"
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Council Minutes
REPORTS
Report # 6
Aspen Springs
West Ltd.
. OTHER BUSINESS
.
- 26-
April 5, 2004
Resolution #C-191-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Staff Report PSD-040-04 be received;
THAT the application submitted by Aspen Springs West Ltd. To
remove the Holding (H) symbol be approved for Lots 1 to 41, 60 to
78 and Blocks 79, 80 and 84 all on plan 40M-2185;
THAT the by-law attached to Report PSD-040-04 to remove the
Holding (H) symbol be passed and a copy forwarded to the
Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-040-04 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #C-192-04
Moved by Councillor Shell, seconded by Councillor Robinson
WHEREAS Council authorized the execution of an agreement
dated the 26th day of September, 2003 between Ontario Power
Generation Inc., the Municipal Property Assessment Corporation,
and the Corporation of the Municipality of Clarington regarding the
settlement of outstanding property assessment appeals from
April 1 , 1999 through to December 31 , 2002;
WHEREAS the aforementioned agreement requires regulations
under the Assessment Act to be made in order to effect the
agreement;
WHEREAS the proposed draft regulations required review and
acceptance by the Province;
WHEREAS the review of the agreement and draft regulations
resulted in some minor revisions and format changes;
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Council Minutes
OTHER BUSINESS
- 27-
April 5, 2004
NOW THEREFORE BE IT RESOLVED that the Mayor and Clerk
be authorized to execute the amending agreement with the
amended regulations in the form satisfactory to the Municipal
Treasurer;
THAT the Minister of Finance be requested to issue the regulations
as attached to the amending agreement to facilitate the resolution
of the property assessment appeals; and
THAT a copy of this resolution be forwarded to the Minister of
Finance and all parties to the agreement.
"CARRIED"
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-193-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the delegation of Bruce Ellis be received;
THAT Staff be directed to initiate an amendment to the Municipality
of Clarington Zoning By-law 84-63 to delete 'commercial kennel'
from the list of permitted uses within the Agricultural (A) zone; and
THAT the concems of Mr. Ellis related to the operation of a kennel
be referred to the Municipal Clerk's Department.
"CARRIED"
Resolution #C-194-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-075 to
2004-086 inclusive, and that the said by-laws be now read a first
and second time:
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Council Minutes
BY-LAWS
- 28-
April 5, 2004
2004-075 being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and the
Regional Municipality of Durham to continue delegating the
responsibility for administration and enforcement of the
Building Code Act and the Ontario Building Code in respect
of sewage systems
2004-076 being a by-law to amend By-law 91-58, as amended, being
a By-law to regulate traffic on Highways, Municipal and
Private property in the Municipality of Clarington
2004-077 being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and Animal Licencing Services Inc,
2004-078 being a by-law to regulate the drainage from private
swimming pools, ponds, artificial ice rinks and sump pumps
2004-079 being a by-law to amend By-law 91-58, as amended being
a By-law to regulate traffic on Highways, municipal and
private property in the Municipality of Clarington
2004-080 being a by-law to cause a Joint Health and Safety
Committee be established and maintained in accordance
with the Occupational Health and Safety Act and to cause
workers at various workplaces to select Health and Safety
representatives for the purposes of the Act and to repeal
By-law 99-145 and By-law 96-62
2004-081 being a by-law to amend By-law 84-63, the comprehensive
Zoning By-Law for the Corporation of the former Town of
Newcastle (Applicant: Aspen Springs West Ltd.)
2004-082 being a by-law to amend By-law 84-63, the comprehensive
Zoning By-Law for the Corporation of the Municipality of
Clarington (Applicant: Massey Building)
2004-083 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Meridian
Planning Consultants Inc., Barrie, Ontario, to enter into
agreement for the Commercial Policy Review and Market
Impact Study, Bowmanville West Main Central Area
Secondary Plan Review
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Council Minutes
BY-LAWS
OTHER BUSINESS
- 29-
April 5,2004
2004-084 being a by-law to authorize entering into an Agreement
between West Diamond Properties Inc., Players Business
Park Ltd., Valiant Property Management and the
Corporation of the Municipality of Clarington in respect of
funding for the Commercial Policy Review and Bowmanville
West Main Central Area Secondary Plan Review
2004-085 being a by-law to authorize the Mayor and Clerk to execute
on behalf of the Municipality of Clarington a Notice of
Assignment of Lessor's Interest in Leases within Ridge Pine
Park Inc.
2004-086 being a by-law amend an Agreement between Ontario
Power Generation Inc, Municipal Property Assessment
Corporation and the Corporation of the Municipality of
Clarington
Resolution #C-195-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-075 to
2004-086, inclusive, be approved.
"CARRIED"
Councillor MacArthur advised Council that Earth Day celebrations
will be held at the Samuel Wilmot Nature Area on April 1 yth, 2004.
Displays will consist of live raptors and various birds of prey and the
unveiling of the Lovekin Memorial. Also, Councillor MacArthur
congratulated the Museum Board for the tremendous display of doll
collections and pianos at the Musuem.
Councillor Trim informed Council that on Saturday, April 24th, 2004
the Lions Club young teens, the Leo Club, will clean up the Lions
Trail and Foster Creek.
Councillor Robinson thanked staff for their efforts during "Farm
Safety Awareness Day' held April 3rd, 2004. It was a great success.
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Council Minutes
OTHER BUSINESS
- 30-
April 5, 2004
Councillor Robinson stated Regional Chair Anderson's comments
regarding the widening of Taunton Road is of top priority. Mayor
Mutton advised that 1 % of the Regional budget has been dedicated
to a special road levy resulting in $2.3 million being included in the
budget, allowing the capital plan to be achieved sooner. The
Director of Engineering Services will request a report from the
Regional meeting.
Mayor Mutton stated that staff did an excellent job at the
Community Forum, The residents enjoyed being able to walk in the
room and receive answers right away. The public appreciated this
opportunity and Mayor Mutton thanked Council and staff.
CONFIRMING BY-LAW
Resolution #C-196-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2004-087 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the Sth day of April 2004, and
that the said by-law be now read a first and second time,
"CARRIED"
Resolution #C-197 -04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2004-087 be approved,
"CARRIED"
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Council Minutes
ADJOURNMENT
- 31-
April 5, 2004
Resolution #C-198-04
Moved by Councillor Robinson, seconded by Councillor Shell
THAT the meeting adjourn at 8:10 p.m.
"CARRIED"