HomeMy WebLinkAbout04/26/2004
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
April 26, 2004
Minutes of a regular meeting of Council held on
April 26, 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
Supervisor, Operations Department, P. Broome
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Solicitor, D. Hefferon
Manager of Special Projects of Planning Services, F. Langmaid
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
Councillor Foster indicated that he would be disclosing a pecuniary
interest with respect to Confidential Report PSD-048-04 and
By-law 2004-113.
Resolution #C-199-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on
April 5, 2004, be approved.
"CARRIED"
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PRESENTATIONS
PUBLIC MEETING
DELEGATIONS
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April 26, 2004
Mayor Mutton presented the Corporate Citizen of the Year award to
Wilson Little, Austin MacMurdo and Fabio Cesconetto of St. Marys
Cement. St. Marys Cement has been a major corporate donor in
the community for the past 37 years, The recipients of their
generous donations are:
- Durham Cancer Centre $50,000,00
- UOIT 25,000,00
- Clarington Sports Hall of Fame 25,000,00
- Clarington Toros, Memorial Hospital Foundation, the Junior
Firefighter Program and numerous sport organizations,
Resolution #C-199-04 A
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the Agenda be altered to allow for the remaining
presentations to be heard following the Public Meeting and the
delegations.
"CARRIED"
In accordance with Section 150 of the Municipal Act, 2001, a public
meeting is being held to hear concerns and comments with respect
to the Municipality's By-law to Licence Refreshment Vehicles, No
one appeared before Council to address the refreshment vehicle
by-law,
Linda Gasser, 7421 Best Road, Orono, LOB 1 MO appeared before
Council regarding the Direct Election of the Regional Chair. Ms.
Gasser thanks Mayor Mutton and Mayor Parish for their motion to
Regional Council to directly elect the Regional Chair. She stated
the regional portion of the property tax bill is in excess of 40%, far
more than the other two components. The Chair continues to be
selected by 28 members of Regional Council, thereby candidates
only require the support of 15 members of Council. The Regional
Chair is the face of Durham Region. How could the Chair define
the public interest under the current system when we do not have a
forum that facilitates engagement of citizens in region-wide debate
on key issues. A directly elected Chair could represent residents
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DELEGATIONS
PRESENTATIONS
RECESS
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April 26, 2004
from a position of strength and credibility, A survey across Durham
stated 89.4% of the residents who participated supported direct
election of the Regional Chair. She requests that Council support
the resolution for direct election of the Regional Chair and urge
Regional Councillors to vote in that regard.
Jeff Virgin, 23 Virtue Court, Enniskillen, LOB 1 JO advised prior to
the meeting that he would not be addressing Council regarding
sidewalks in Enniskillen,
Staff Sergeant Bruce Townley, Durham Regional Police Services,
Connie Vail, Regional Health Department and Tony Fanara,
Outback ATV Club addressed Council with respect to ATV Safety.
They advised that they are working together to educate the public
on the safe, legal operation of A TVs. Their future plans include:
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Week of May 10 to May 16 has been proclaimed ATV Safety
Week by Durham Region and all eight municipalities -
including Clarington
During ATV Safety Week information will be published in the
media
Information displays throughout Durham Region
Sunday May 16, displays will be provided along the ATV
trails in Ganaraska Forest
During the next year they would like to get more information
out to the high-risk groups
Partner with ATV retailers and manufacturers to promote
A TV safety courses
Look into the development of ATV trails to connect with
existing trails to the east and north of Durham Region.
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Resolution #C-200-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 7:40 p.m.
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PRESENTATIONS
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April 26, 2004
Gregory Smith, Ontario Power Generation updated Council on the
activities at the Nuclear Station, as follows:
. Accomplishments
. Steam Door Incidents - numbers have decreased from 31 in
2000, 4 in 2003 to 1 in the first quarter of 2004
. Reactor Trip Rate - Actual was 0.47 per 7,000 hours of peration,
better than the target of 1.00 per 7,000 hours of operation.'
Radiation Exposure to the Public - Actual was 1.1 microsievert,
better than target of 7.5 microsieverts; regulatory limit is 1,000
microsieverts.
. Accident Severity Rate Summary - Actual was 0.29 days lost to
injuries per 200,000 hours worked, better than target of 2.47
days lost to injuries per 200,000 hours worked.
. 2003 Accomplishments
_ First five-year operating license ever issued by the regulator,
the Canadian Nuclear Safety Commission
- Worked over 5 million hours without a lost-time accident.
- Recertified for ISO 14001 Environmental Management System
(first earned in 1997)
- Returned all four units to 100% of full power
_ First multi-unit nuclear station in North America to return all
units to high power following province-wide black-out.
. Upcoming Public Meetings
. April 28 - CNSC Hearing into construction license - Darlington
Used Fuel Dry Storage Facility - 1 :30 p.m. - Ottawa
. June 4 - Third annual Environmental Convergence Wildlife
Corridors
. April 27 - Public Alerting Open House - 7 p,m. - Beech Centre
8:30 a.m. - Darlington Nuclear Information Centre
Mr. Smith outlined Ontario Power Generation's principles which
guide their actions and relationships with their host community and
described the many community partnership they enjoy.
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Resolution #C-201-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information, be
approved with the exception of Items I - 1, I - 8, I - 15, I - 18 and
1-22.
"CARRIED"
Minutes of the Clarington Traffic Management Advisory Committee
meeting dated March 18,2004.
Minutes of the Ganaraska Region Conservation Authority meeting
dated March 18, 2004.
John O'Toole, MPP, Durham, writing to The Honourable John
Gerresten, Minister of Municipal Affairs, requesting full
consideration of the resolution from Clarington, as endorsed by the
Township of Scugog concerning the Development Charges Act as it
relates to hospital funding. Clarington has the support of the
Newcastle-Bond Head Ratepayers Association.
John Mills, Regional Director General, Environment Canada,
Ontario Region, providing Council with the State of the Great
Lakes, 2003 fact sheet series. It addresses key questions
commonly asked about the Great Lakes using information from the
environmental indicators presented in the State of the Great Lakes
2003 report. These tools monitor change over time and are
analyzed every two years to provide information on the current
conditions. The Fact sheet series uses these indicators to answer
some human health-related questions regarding drinking water, fish
and the safety of swimming in the water.
Veridian Corporation advising Council of dividend payments to
municipal shareholders in the amount of $1 ,068,000 to be paid to
the Town of Ajax, City of Pickering, Municipality of Clarington and
City of Belleville. Despite a challenging business environment, they
managed to achieve an after tax net income of $3.3 million. The
dividend payments come to about 30% of Veridian's 2003 net
income. Dividends will be proportionate to the number of Veridian
shares held. The City of Pickering will receive $437,880, the Town
of Ajax $342,828, the Municipality of Clarington $145,248 and the
City of Belleville $142,044.
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April 26, 2004
Jill Haskins, Secretary, Association of Hospital Volunteers, thanking
Council for the Clarington pins and key fobs for the HAAO Region 7
Annual Spring Conference for hospital volunteers, held on April 14,
2004. The support for their volunteers and Lakeridge Health
Bowmanville is truly appreciated.
Darlene Matthews and Warren Lamondin, Coordinators, The
Clarington Project Activity Centre, The Oshawa/Clarington
Association for Community Living, thank Council for their kindness,
sponsorship and gift basket donation to assist them to raise over
$6,000 at the 7th Annual Gala and Silent Auction. The Clarington
Project supports people with intellectual disabilities.
Bill Green, Area Director, Correctional Service of Canada,
Scarborough, York & Durham Regions, advising Council of their
mandate to administer sentences imposed by the courts of two
years or more. Their responsibilities begin at the sentence where a
federal Parole Officer meets with a sentenced offender to gather
critical information for the purpose of identifying immediate needs
and concerns. A post-sentence Community Assessment is
requested and the offender is placed to a federal institution for the
completion of an in-depth Intake Assessment and then placed at an
institution. Their commitment to public safety is paramount
Community engagement and public education is a major ongoing
initiative and they offer public education events to audiences, as
well as school classrooms.
John Bolognone, Supervisor of Council & Committee Services, City
of Burlington, advising Council that the City of Burlington on
March 22, 2004 passed the following resolution regarding Overall
Planning and Transportation in the GTNGolden Horseshoe and the
Requirements for a Full Environmental Assessment for a Mid Pen
Transportation Plan:
"THAT the Mayor be authorized to submit a letter to the
Honourable Harinder Takhar, Minister of Transportation, the
Honourable David Caplan, Minister of Public Infrastructure
Renewal, and the Honourable Leona Dombrowsky, Minister
of Environment, outJing the City of Burlington's position
pertaining to the overall planning of transportation systems in
the GT NGolden Horseshoe and more specifically to the
requirements of a Full Environmental Assessment for a "Mid
Pen Transportation Plan"; and
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THAT the City Clerk forward a copy of the Council Resolution
and Engineering Department Report E-16/04, dated
February 23,2004, to the Honourable Tony Valeri, Minister of
Transport, local member of Parliament, local Members of
Provincial Parliament, and all GTAlGolden Horseshoe
municipalities."
Kaye Quinney, Treasurer, Clarington East Economic Support-
Clarington East Food Bank, thanking Council and Joe Caruana, the
Director of Community Services Department, for the grant of
$1,500. The donation will assist in helping to meet the needs in our
communities.
Marilyn Martin, Senior Citizens of Newcastle, thanking Council for
the grant the association received. The seniors will be able to
continue to enjoy the special activities for several years to come.
Gail Empey, Clerk/Deputy Treasurer, the Corporation of the
Township of Cavan-Millbrook-North Monaghan, advising Council
that the Township Council passed the following resolution on
April 5, 2004:
"Whereas Conservation Authorities were decimated by
provincial funding cutbacks in the mid 90's; and
Whereas Conservation Authorities' roles have been
increased since the Walkerton Inquiry and the Oak Ridges
Moraine legislation; and
Whereas the vital role of the Kawartha Region Conservation
Authority has been challenged by the City of Kawartha
Lakes; and
Whereas the other communities in the watershed value the
work and protective function of the conservation authority
and are therefore will to pay their share; and
Whereas neglect of that watershed will put not only the City
of Kawartha Lakes but also other communities at risk;
NOW THEREFORE BE IT RESOLVED THAT the Township
of Cavan-Mill brook-North Monaghan confirms its support for
the Kawartha Region Conservation Authority budget and
requests that the budget appeal put forward by the City of
Kawartha Lakes be dismissed; and
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THAT the Ministry of Natural Resources, Minister of
Municipal Affairs and Housing, the Minister of the
Environment, all Kawartha Region Conservation Authority
watershed municipalities and the Region of Durham be
advised of Council's decision."
P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising the Minister of Municipal Affairs and Housing that Regional
Council passed the following resolution on April 14, 2004, regarding
The Oak Ridges Moraine Conservation Plan Technical Papers
Series - Part 1 - Ministry of Natural Resources 2004-P-038:
"a) THAT Report #2004-P-38 of the Commissioner of
Planning be endorsed and submitted to the Ministry of
Municipal Affairs and Housing as the Regions'
comments on EBR Registry #PF04E0001; and
b)
THAT a copy of Report #2004-P-38 of the
Commissioner of Planning be forwarded to the area
municipalities, the Conservation Authorities, the City
of Kawartha Lakes, the Counties of Northumberland
and Peterborough, and the Regions of York and
Peel."
p, M. Madill, Regional Clerk, Regional Municipality of Durham,
advising the Minister of Municipal Affairs and Housing that Regional
Council passed the following resolution on April 14, 2004:
"a) THAT the Minister of Municipal Affairs and Housing
and the Minister of the Environment be requested to
pass the required regulation and to proclaim the
outstanding sections of the Brownfields Statute Law
Amendment Act, 2001 (Bill 56);
b)
THAT a letter be directed to the Minister of Municipal
Affairs and Housing from the Regional Chair, co-
signed by the eight area municipal Mayors, requesting
immediate action to implement the Region's previous
request to amend the community improvement
provisions in Section 28 of the Planning Act, 1990,
and related sections of the Municipal Act, 2001, in
order that the Region may provide incentives in area
municipal community improvement plans; and
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c) THAT a copy of Report #2004-P-39 of the
Commissioner of Planning be forwarded to the
Ministry of Municipal Affairs and Housing, the Ministry
of the Environment, the Association of Municipalities
of Ontario, the MPP's and the area municipalities in
Durham."
Vicki Barron, CGA, Executive Director, Waterfront Regeneration
Trust, updating Council on the status of the Lake Ontario
Waterfront Trail and Greenway. The Trail passes through all 35 of
Ontario's Lake Ontario waterfront communities, right from Niagara
on the Lake to Brockville. It is a unique experiment in urban and
natural regeneration that has captured the public's enthusiasm,
support and desire for completion. The Trail is accessible to over
59% of Ontario's population and 22% of the national population,
which will playa key role in attracting visitors from the United
States and abroad. The current major initiative is the coordination
of a $32M public infrastructure investment on the Trail and
Greenway. The investment will result in 125 kms of new trail and
connections; 6 major waterfront promenades; 2 bridges;
improvement to over 20 waterfront parks; 5 new cultural heritage
facilities; interpretation of over 20 waterfront habitats; 4 major
Brownfield rehabilitation projects; 6 habitat restoration projects and
3 harbour/marina revitalization project. In the Municipality of
Clarington the following projects are included:
. Samuel Wilmot Nature Area - paths and lookout; and
. Bowmanville Harbour Rehabilitation - play area, boat
launch, fish cleaning station.
Minutes of the Local Architectural Conservation Advisory
Committee meeting dated March 16, 2004.
Minutes of the Kawartha Conservation meeting dated
February 4, 2004.
Association of Municipalities of Ontario advising Council that the
Province will provide a one-time funding commitment of $1 0 million
for a Provincial Rent Bank Program and an additional funding of $2
million for energy-related housing emergencies. The funding is
intended to help low-income tenants with short-term arrears so they
can stay in their homes and divert people from the emergency
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shelter system. The Emergency Energy Fund will provide financial
assistance for energy costs to the OW/ODSP clients and persons
with limited income, whether tenants or homeowners.
Minutes of the Clarington Museums and Archives Board meeting
dated March 17, 2004.
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee meeting held on April 13, 2004.
K, Kitteringham, Deputy City Clerk, City of Oshawa advising that
City Council has referred correspondence regarding the
amalgamation of local transit services in Durham Region from the
Regional Municipality of Durham, the Town of Whitby, the Town of
Ajax, Handi Transit Incorporated, the Township of Brock, the
Township of Uxbridge, the Township of Scugog, the Municipality of
Clarington, the Town of Whitby and the Whitby Chamber of
Commerce to the Oshawa Transit Commission.
John Gerretsen, Minister of Municipal Affairs and Housing
forwarding the Residential Tenancy Reform Consultation Paper,
Residential Tenancy Reform Executive Summary and Residential
Tenancy Reform Questionnaire: Have your say. The provincial
government is committed to delivering positive change by providing
real and balanced protection for landlords and tenants and
encouraging the growth and proper maintenance of the stock of
rental housing across the province. Before introducing new
legislation to achieve this goal, they are consulting extensively with
tenants, landlords and others affected by these issues. Their
consultation will take them to communities where they will speak
with as many people and organizations as possible. Town hall
meetings will be held in the GTA, Kitchener, Hamilton, London,
Sudbury, Kingston, Ottawa and Thunder Bay. He invites members
of council to meet with them and to attend one of the public
meetings to provide comments on this very important topic.
John Loreto, President, Memorial Hospital Foundation,
Bowmanville and Chris Kooy, Corporate Director Patient Services
and Interim Chief Nursing Officer, Lakeridge Health, requesting
Council's input in a special research and planning initiative.
Lakeridge Health Bowmanville is redeveloping Emergency,
Intensive Care, Same Day Surgery, Endoscopy and Mammography
to meet the growing needs of the community. They will be meeting
with Mayor Mutton to talk about the hospital's plans and how the
Foundation will work alongside it to bring them to life.
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April 26, 2004
Resolution #C-202-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 1 be received for information.
"CARRIED"
Shawn R. Taylor, R.P. Bio., President, Habitat Works!, thanking
Council for providing access to Municipal property and the noise
exemption to By-law 89-64 to install the Aquadam to control water
levels in the Westside Marsh. He's pleased to inform us that the
dredging contractor completed their work by the March 31, 2004
deadline. They will be completing the islands with the raptor poles,
habitat structures and much of the planting work to restore the
wetland to its functionality over the next few months. They hope to
organize a walk-about for the residents to describe what they have
been doing.
Resolution #C-203-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 8 be received for information.
"CARRIED"
P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising the Minister of the Environment that Regional Council
passed the following resolution on April 14, 2004:
"a) THAT a Nutrient Management Local Advisory
Committee not be established in Durham Region at
this time; and
b)
THAT a copy of Report #2004-P-037 of the
Commissioner of Planning be forwarded to the
Ministry of the Environment, the Ministry of Agriculture
and Food, the Durham Agricultural Advisory
Committee, the Durham Environmental Advisory
Committee, the area municipalities and the Durham
Federation of Agriculture."
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Resolution #C-204-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 15 be received for information.
"CARRIED"
Robert A. Martindale, M.C.I.P., R.P.P., Principal, Martindale
Planning Services - Urban Planning & Development Consultants
responding to Council on the Bowmanville Heritage Conservation
District Study. The letter distributed to the neighbourhood with
respect to the designation of the area under the Ontario Heritage
Act, section "Breaking News" page 2 attributed to 'consultants and
committee members' were statements not made by any of the
consulting team and certain misleading statements regarding the
provision of the Ontario Heritage Act (demolishing a building is
automatically $1,000,000 rather than a maximum) and the Heritage
Permit process taking up to 90 days is presumptuous.
Resolution #C-205-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1- 18 be received for information.
"CARRIED"
P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that Regional Council passed the following
resolution on April 14, 2004:
"a)
2004 SOLID WASTE MANAGEMENT BUDGET AND
TAX RATE
i) THAT the proposed 2004 Reqional Solid
Waste Manaqement Ooeratinq Budqet in the
amount of $20,533,100 be approved as
summarized in Schedule 1 to the
Recommendations, and consistent with the
detailed budget which accompanies this report;
ii) THAT a capital expenditure of $620,000 be
approved to purchase organic 'Green Bins' for
the extension of curbside organics collection in
the City of Pickering commencing in 2004, and
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April 26, 2004
financed from the Solid Waste Management
Reserve Fund, consistent with the previous
direction of Regional Council;
iii) THAT the Commissioner of Finance and
Treasurer be authorized to set 2004 Reaional
Solid Waste Manaaement Tax Rates based
upon estimated Solid Waste Requirements as
set out in Attachment 1, Schedule 2 of Joint
Report #2004-J-1 0, and consistent with the
2004 Regional Solid Waste Management
Operating Budget;
SOLID WASTE MANAGEMENT FEES AND
CHARGES
i) THAT the Regional Fees and Charges for Solid
Waste Management, which are unchanged
from 2003, be approved as set out in
Attachment 1, Schedule 1 of Joint Report
#2004-J-10. The approved listing for Solid
Waste Management will form part of the annual
Regional listing of Fees and Charges to be
distributed to the public;
c) THE CITY OF PICKERING: REGIONAL
INTEGRATED WASTE PROGRAM
i)
THAT Regional staff be authorized to finalize
discussions with Miller Waste Systems (MWS)
and report back to Regional Council with
recommendations, prices, and timing, for the
extension of the Regional Integrated Solid
Waste Management services, currently
provided by MWS in the Townships of Scugog,
Uxbridge 'and Brock, into the City of Pickering;
THAT Regional staff be authorized to finalize
discussions with Miller Waste Systems (MWS)
and report back to Regional Council with
recommendations, prices, and timing, for the
approval of a long-term agreement between
the Region and MWS for kitchen food and yard
waste composting services at a proposed new
organics processing facility at MWS's current
Squires Beach Road location to enable
commencement of a curbside food waste
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iii)
collection and composting program Region-
wide by July 1, 2006;
THAT subject to the transfer of waste collection
responsibilities from the City of Pickering to the
Region pursuant to section 189 of the
Municipal Act, the 2004 costs for
collectionhousehold solid waste consisting of
garbage, yard waste and kitchen food waste be
recovered from taxpayers in the City of
Pickering, through the Regional Solid Waste
Tax Requirement, effective January 1, 2004;
THAT approval be granted to fund 50%
($216,555) of the cost of the 2001 to 2003
Pickering Waste Diversion Pilot Project in the
Amberlea neighbourhood of the City of
Pickering, from the 2004 Regional Waste Tax
Requirement for the City of Pickering;
THAT at the City of Pickering's request,
approval be granted to sole-source the
purchase and distribution of wheeled 46.5 litre
curbside Green Bins and 7.5 litre kitchen food
waste containers from Norseman Plastics Ltd.
to all City of Pickering households
(approximately 31,000 in total) at a capital cost
not to exceed $620,000 ($20 per household),
including promotional products;
THAT the capital cost (up to a maximum of
$620,000) to purchase and distribute the curb-
side 'Green Bins' throughout the City of
Pickering be financed from the Regional Solid
Waste Management Reserve Fund, consistent
with the May 7, 2003 direction of Regional
Council:
iv)
"THAT the Region ensure delivery of
household 'Green Bins' to each household at
a cost not to exceed $20 per household to be
financed from the Regional Solid Waste
Management Reserve Fund, consistent with
the Region's 2002 capital funding commitment
to purchase organics containers, as previously
approved
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by Regional Council during implementation of
the Regional Integrated Waste Management
Program in Clarington, Brock, Scugog and
Uxbridge.";
d) THE TOWNS OF AJAX AND WHITBY AND THE
CITY OF OSHAWA
i) THAT recognizing that a full Region-wide
curbside kitchen food waste collection
program is unlikely until July 1, 2006, and in
order to begin facilitating the Region-wide
implementation of curbside food, leaf, and
yard waste collection programs without using
plastic bags, the Region approve a phase-in of
the previously approved $20 per household
organics program capital funding allotment,
from the Solid Waste Management Reserve
Fund, to provide support for the following:
a)
The Town of Ajax request that the
Region fund 50% ($15,000) of the cost
of purchasing bundles of two kraft paper
yard waste bags for each household in
support of the new leaf and yard waste
collection program;
b) The Town of Whitby request that the
Region fund 50% ($15,000) of the cost
to supply extra kraft paper yard waste
bags to each household in support of
the new leaf and yard waste collection
program; and,
c) The City of Oshawa request that the
Region fund 50% ($21,000) of the cost
of bundles of two kraft paper yard waste
bags for each household in support of
the new leaf and yard waste collection
program.
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e)
AN ENHANCED BLUE BOX PROGRAM
THAT the recently expanded recycling program be
further enhanced to include, as of May 31,2004, all
plastic "tubs and lids, "which now have a stable
industrial end-use market, including all butter and
margarine containers, large yogurt tubs, ice cream
pails, small pails (under two gallons), ketchup bottles,
all bottles labeled #4 or #7 and all other food grade
injection mould containers bearing a label marked #2,
#4, #5, or #7;
f)
NEW DURHAM RECYCLING CENTRE
i) THAT the February 2004 MacViro Consultants
report "Analysis of Alternatives for the
Processing of Recyclables the Next Steps
Final Report" (Attachment 2) be received for
information;
and further, as recommended by the
consultants,
THAT Works and Finance staff be authorized
to develop specifications for a Request for
Proposals (RFP) for the design, construction
and operation of a new Durham Recycling
Centre, to be fully operational by July 1, 2006,
and accommodate increasing volumes of
recyclable materials due to the expanded
program and population growth;
ji) THAT the Region retain the services of a
consultant, at a cost not to exceed $90,000
and funded from the 2004 Solid Waste
Management Operations Budget, in order to
assist in the preparation of a Request For
Proposal for a new Durham Recycling Centre
to assist in the technical evaluation of the bid
submissions and to assist in contract
negotiations leading to a contract award;
Hi)
THAT in order to carry on the Blue Box
program until the new processing system is in
place, Regional staff be authorized to negotiate
contract extensions to July 1, 2006 as
necessary, for contracts related to the curbside
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April 26, 2004
collection of Blue Box recyclables; the sorting
of the Region's Blue Box containers; and the
sale of cardboard, boxboard and paper;
g) ACHIEVING ABOVE 50% WASTE DIVERSION:
NEXT STEPS
THAT to increase waste diversion beyond 50%,
Regional staff be authorized to enter into a
consultant's agreement with MacViro Consultants
Inc., at a cost not to exceed $90,000 and funded from
the 2004 Solid Waste Management Operations
Budget, to gain assistance in the development of an
RFP for the design, build, and operation of an Energy
From Waste (EFW) type facility for garbage residue
wastes, to assist in the technical evaluation of the bid
submissions;
h)
WORKING WITH OUR AREA MUNICIPAL
PARTNERS
i) THAT the Region acknowledge responses
received from Pickering, Oshawa, Whitby and
Ajax (Attachment 3) regarding the preference
for local versus Regional collection
responsibility and providing support in principle
for Regional Integrated Waste Management
Program service components, and the
standardization of waste service levels Region-
wide, and further that a copy of Report #2004-
J-10 of the Commissioners of Works and
Finance be forwarded to the City of Oshawa,
and the Towns of Whitby and Ajax, with a
request that Regional and Area Municipal staff
continue discussions to develop an acceptable
standardized waste management system;
i1) THAT to allow for operational planning, Area
Municipalities be advised that:
a)
Once the new Durham Recycling Centre
is fully operational, the method of
collecting curbside Blue Box recyclables
will change from the existing biweekly
collection service to an alternate weekly
collection service, where all paper
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April 26, 2004
fibers, boxboard and cardboard are
collected one week, and all recyclable
containers are collected the following
week; and,
b) Once the new Durham Compost facility
is operational, that source separated
kitchen food wastes are to be collected
on a weekly basis and residual garbage
waste is to be collected on a biweekly
basis;
iv)
THAT to further promote waste diversion and
allow for advanced notice to residents, the
Region and the Area Municipalities reduce the
weekly garbage bag limit to a standardized two
clear garbage bags per week per household,
effective July 1, 2006 consistent with the
introduction of curbside food waste
composting;
iv)
THAT to reduce the amount of residential
garbage waste that is hauled to Michigan for
disposal and further promote increased waste
diversion, the Region and its Area
Municipalities work together in implementing
the reduction in the frequency of residual
garbage collection service from the existing
weekly service to a biweekly service, effective
July 1, 2006;
v) THAT the City of Oshawa be requested not to
collect grass clippings as a yard waste
material, effective January 1, 2005;
i) OTHER MATTERS
i) THAT the "Durham Region Waste Action Plan:
2004 to 2007" as shown in Attachment 4 be
approved and used as a guide and timetable
for major waste initiatives over the next four
years;
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April 26, 2004
ii) THAT the Cartwright Waste Management
Facility (WMF) be closed effective December
31, 2004, 20 months after the start-up of the
full Regional Integrated Waste Management
Program in the Township of Scugog. as per the
following April 17, 2002 direction from Regional
Council:
"THAT the closing of the Cartwright Waste
Management Facility in the Township of
Scugog be deferred for one year beyond the
(start of the) organics collection program.";
jji)
THAT the Region support the request from the
Township of Scugog to permit small
commercial businesses the opportunity to
purchase from the Region sheets of 10
garbage bag tags at face value and to sell
garbage bag tags to their customers at face
value; and
iv) THAT the Regional Solicitor be authorized to
prepare the requisite By-laws and agreements
and the Regional Chair and Clerk be
authorized to execute the subject agreements."
Resolution #C-206-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 22 be received for information.
"CARRIED"
Correspondence Items D - 31, D - 32, and D - 33 were distributed
as handouts.
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April 26, 2004
Resolution #C-207-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Correspondence Items for direction be approved as per
the agenda, including the handout items, with the exception of
Items D - 7, D - 14 and D - 20 to D - 29, inclusive.
"CARRIED"
Bert Mondesir, Dip. Elect. Eng. BA, Lc, MIES, Section Head -
Highway Lighting & Signalization, Electrical Engineering, Marshall
Macklin Monaghan Limited, advising Council of the "Model Outdoor
Lighting Regulation" which promotes good lighting practice with
energy conservation, safety needs, and preservation of the natural
night environment. There is growing pressure of the obtrusiveness
of exterior lighting as it exists in terms of discomfort and disability
glare. Marshall Macklin Monaghan Limited would like to share a
view to outline the problem and offer practical solutions.
(Correspondence referred to the
Director of Planning Services
Department)
John O'Toole, MPP, Durham, advising Council that he has
introduced a notice to the Legislature, in support of increased use
of public transit by requesting that the Province offer income tax
deductibility for those who use the public transit system. He would
appreciate our comments and suggestions.
(Correspondence referred to the
Director of Engineering Services
Department)
Paul Siemon, Hands in Motion, requesting permission to hold the
Clarington Terry Fox Run to be held on September 19, 2004. The
insurance coverage is the same as in 2003 and the route will be
marshalled to ensure participant safety. The event will raise funds
to aid in cancer research.
(Approved provided organizers apply for
and obtain a Road Occupancy Permit
from the Engineering Services
Department)
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D-4
M02.GE
D - 5
T05.GE
D-6
T09LGE
D-8
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April 26, 2004
Staff Sergeant Bruce Townley, Clarington Community Police Office,
Durham Regional Police Service, requesting permission to hold the
"Cops for Cancer" fundraising event on May 21, 2004 to be held at
the Town Hall, 40 Temperance Street, Bowmanville. He is
requesting the closure of Temperance Street between King Street
and Church Street from 10:00 a.m. to 1 :00 p.m.
(Approved provided organizers apply for
and obtain a Road Occupancy Permit
from the Engineering Services
Department)
John Slobodzian, MTO Project Co-ordinator and Doug Allingham,
Consultant Project Manager, Totten Sims Hubicki Associates,
submitting a copy of the Highway 407 East Completion - Revised
Draft EA Terms of Reference. The deadline for comments is July
2, 2004.
(Correspondence referred to the
Director of Planning Services
Department)
Robert Stone, Courtice Secondary student, requesting the
construction of bicycle lanes on our streets. They could be put on
the busy roads.
(Correspondence referred to the
Director of Engineering Services
Department)
Alysha Bell, Courtice High School student, advising Council that
Courtice needs more parks. The only parks are behind schools,
which can be pretty intimidating to anyone who does not attend that
school. A fund raiser could be held to raise money and for space
we could look for an area with dead trees that brings down an area
by appearance. It would bring many smiles to so many peoples
faces.
(Correspondence referred to the
Director of Engineering Services
Department)
Kurtis Russel Gilbride, Courtice High School student, saying there
are not enough things for teenagers to do. This pushes towards
having to hang out. The extreme sports are growing and he thinks
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April 26, 2004
COMMUNICATIONS
it is a good idea to support this and maybe some new pro-
skateboarders in our area. He thinks they should put in another
skate-park in Clarington, either at the new Courtice Complex or
Darlington Sports Centre.
(Correspondence referred to the
Director of Engineering Services
Department)
D - 10
R05.GE
Matt Stewart and local skateboarders, Courtice High School,
suggesting a skate board park in Courtice. There are a lot of
skateboarders in Courtice, but there isn't a place to skate without
either being kicked out or having a chance of being hit by a car.
They have been working with Mr. Trembly to get a skate park. He
just wants to see if we would want to help them out to get a skate
park with what they want. They will do some fundraising to get the
park.
.
(Correspondence referred to the
Director of Engineering Services
Department)
D - 11
P01.GE
Environment Canada advising of the Code of Practice for the
Environmental Management of Road Salts. On April 3, 2004 the
Code was published by Environment Canada based on a science
assessment in 2001 that concluded high releases of road salts
around storage and snow disposal sites and through run-off and
splash from roadways pose a serious threat to aquatic
environments, plants and animals. The Code applies to any public
entity that uses, or is responsible for the use of road salts and
recommends plans to identify actions they will take to improve their
road salt management practices.
(Correspondence referred to the
Director of Operations)
D - 12
M02.GE
John E. Lewis, President, Durham Region Labour Council,
requesting Council to declare Wednesday, April 28, 2004 as
"National Day of Mourning". The annual ceremony will take place
at Oshawa City Hall, Civic Square, beginning at 12:00 noon. The
Day of Mourning provides us with the opportunity to renew our
commitment to the prevention of needless occupational injuries,
illnesses and deaths and promote worker well-being. Council is
invited to attend.
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(Proclaimed)
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April 26, 2004
COMMUNICATIONS
D - 13
M02.GE
Mark Cousins, Committee Chair, Ontario Family Fishing Weekend
Steering Committee requesting Council to promote 2004 Ontario
Family Fishing Weekend to be held Friday, July 9 through Sunday,
July 11, 2004 as a Iicence-free-fishing weekend and declaring
these dates as "Ontario Family Fishing Weekend".
(Proclaimed)
D - 15
M02.GE
Trish Derby, Executive Director, Child Find Ontario, requesting
proclamation of the 13th Annual Green Ribbon of Hope Campaign
during the month of May and National Missing Children's Day on
May 25, 2004.
(Proclaimed)
D - 16
C10.DU
John O'Toole, MPP, Durham, regarding the direct election of the
Regional Chair. Recent comments and articles in the media
suggest Durham's citizens are willing to proceed in this direction.
He is willing to introduce a similar Bill as Private Member's Bill (Bill
109 - "An Act to amend certain Acts with respect to the Regional
Municipality of Durham") which received first reading on December
17th, 1998. He is confident that, if such legislation had the clear
endorsement of municipal councillors, it would have a good chance
of passage in the Legislature.
(John O'Toole, MPP, to be advise of
Council's decision in this matter)
.
D - 17
C10.DU
Linda Gasser thanking Mayor Mutton for bringing forward the
motion to Regional Council on the direct election of the Regional
Chair. As elected representatives, you know that a fundamental
tenet of democracy is direct representation of and accountability to
your constituents. Surely this same principle should apply to the
top position at Durham Region. Absent direct election of the
Regional Chair by Durham residents, there is no public forum for
region-wide debate on the major issues affecting Durham Region.
She respectfully requests all members of Council to support a
resolution calling for the direct election of the Regional Chair.
(Linda Gasser to be advised of Council's
decision in this matter)
D -18
C10.DU
Dr. T. Kilpatrick, requesting Council to support the resolution to
have the Regional Chair elected. Such an important position
should have public input. To continue to have the Regional Chair
appointed is not politically beneficial.
(Dr. T. Kilpatrick to be advised of
Council's decision in this matter)
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D - 19
C10.DU
D - 30
D - 31
C10.DU
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April 26, 2004
J. Bradford Soles expressing his desire for the Regional Chair to be
an elected position. It is a crucial role and must have
accountability. Being an appointed position means he is not
accountable to the electorate and this must change.
(J. Bradford Soles to be advised of
Council's decision in this matter)
Confidential correspondence regarding a legal matter.
(Correspondence referred to the end of
the agenda to be considered during a
"closed" session)
Geoffrey North, requesting that all Council members vote
unanimously in favor of direct election of the Regional Chair.
Where it is possible for the Regional Chair to have previously lost a
local election and yet be voted as Chair without popular support
seems unbelievable to him. In light of the recent scandal in federal
politics, he suggests that this is the only way to deter "cronyism".
Like local Councillors, the Regional Chair should run on a platform
that is open for all residents to see. Case in point, the current Chair
was very involved in the development of lands right next to Lynde
Marsh in Whitby, one of the few Class 1 Wetlands on the north
shore of Lake Ontario. This area has now be ruined for future
generations. Having a university biology and environmental
science degree, he knows that current conservation efforts there
are but a "Band-Aid" covering degradation. The Chair needs to be
elected so that his/her actions are accountable.
(Geoffrey North to be advised of
Council's decision in this matter)
Darlene Matthews and Warren Lamondin, Coordinators, The
Clarington Project Activity Centre, requesting permission to fly
their Banner which states "May is Community Living Month" from
May 151 - 31 5t at the west entrance of Bowmanville on Highway #2.
The banner is made to Veridian's specification and Veridian is
prepared to install it, pending Council's approval.
(Proclaimed)
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April 26, 2004
Laurie Dinning, Mothers Against Drunk Driving, requesting
permission to hold the Shawn Thomsons Madd Man Bike Tour to
be held on May 13, 2004. The route is along Highway #2, support
vehicles will travel with the participants and the insurance coverage
will be in place. The event will raise funds to aid in promoting
Mothers Against Drunk Driving.
(Approved provided organizers apply for
and obtain a Road Occupancy Permit
from the Engineering Services
Department)
Nancy Naylor, Assistant Deputy Minister, Ministry of Finance
Provincial Local Finance Secretariat, advising Council in regards to
the municipal and education tax rates for railway corridors for the
2003 tax year. The Province did not set rail corridor tax rates in
2003. On March 31,2004 the Minister of Finance established the
tax rates for rail corridors for 2003 and extended the freeze on
increasing rates for the 2003 tax year. Ontario Regulations 387/98
and 392/98 have been amended by Ontario Regulations 82/04 and
81/04 to reflect the freeze extension and to establish the 2003
municipal and education tax rates for rail corridors. Municipalities
are required to revise their 2003 tax billings, if necessary.
Resolution #C-208-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the correspondence from the Ministry of Finance regarding
municipal and education tax rates for railway corridors be endorsed
by the Council of the Municipality of Clarington.
"CARRIED"
Tyler Corvers requesting a skateboard park in Newtonville. There
are many alternatives that they could turn to instead of
skateboarding; they could be out on the streets doing drugs, but a
skateboard park keeps them busy and out of trouble. Having a
skateboard park would let them skateboard whenever they want
and with that they would be getting a healthier lifestyle. These days
when they are skateboarding down the road or on the road people,
not only in cars but from the community, will complain about them.
If they were provided with a skateboard park, conflict between
skateboarders and the community will be prevented.
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April 26, 2004
Resolution #C-209-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item D - 14 be referred to the Director of
Engineering Services Department and the Director of Operations.
"CARRIED"
Pat Madill, Regional Clerk, Regional Municipality of Durham
advising that Regional Council tabled the following resolution at
their meeting held on March 24, 2004 to allow for comments back
from the area municipalities:
'WHEREAS the position of Chair of the Regional Municipality
of Durham is a position that entails considerable political
power and authority;
And Whereas the Chair of the Regional Municipality of
Durham now earns a base salary of over $150,000 per year
plus benefits which is approximately equal to the base salary
of the Premier of Ontario;
And Whereas it is a basic tenet of local democracy that
power flows from the people and the people have the right to
directly elect political representatives at all levels;
And Whereas the position of Chair is directly elected by the
people in the Regional Municipality of Halton, the Regional
Municipality of Waterloo, and the Regional Municipality of
Sudbury and will soon be directly elected in the Regional
Municipality of Niagara;
And Whereas the Municipal Act, 2001 requires the following
requirements be achieved, in sequence:
1. The Minister of Municipal Affairs and Housing shall
enact the appropriate regulation(s) to allow for the
direct election of the Chair,
2.
Regional Council shall consider a resolution to pass a
by-law to directly elect the Chair,
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April 26, 2004
3. Public notice shall be given that Regional Council
intends to pass a by-law to directly elect the Chair,
and shall hold one public meeting to consider the
matter,
4. Regional Council shall pass a by-law to authorize the
direct election of the Chair, the substance of which
shall include the form of election, and shall be passed
with the following conditions:
(a) a positive majority of all votes cast at Regional
Council;
(b) a positive majority vote of all lower-tier
Councils within Durham Region; and
(c) the total number of electors represented by the
consenting lower-tier municipalities must form
a majority of all electors within Durham Region.
Now Therefore be it Resolved that the Council of the Regional
Municipality of Durham hereby requests:
That the Minister of Municipal Affairs and Housing expeditiously
enact the appropriate regulation(s) to allow for the direct election of
the Chair of the Regional Municipality of Durham."
Resolution #C21 0--04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the resolution of the Regional Municipality of Durham
pertaining to the direct election of the Region Chair be endorsed by
the Council of the Municipality of Clarington.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Councillor Foster
Councillor MacArthur
Councillor Pinale
Councillor Robinson
Councillor Schell
Councillor Trim
Mavor Mutton
Yes
'V
.J
.J
..J
.J
'\J
'\J
No
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April 26, 2004
Driftwood Theatre Group requesting Council's support. The
Driftwood Theatre Group's 10th Anniversary season is in jeopardy.
The group offers world class professional theatre performances.
Despite continuing efforts the group is feeling a financial crunch as
a non-profit organization. Driftwood will offer excellent across-the-
Province recognition to corporate sponsors who contribute $1,500.
Resolution #C-211-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item D - 21 be referred to the Director of
Community Services to determine eligibility under the municipality's
grant process.
"CARRIED"
David Robinson, Canada & World Studies Department, requesting
Council's financial support in the celebration of the 60th Anniversary
of D-Day on the beaches of Normandy, France. Durham Region
has 152 participants attending the Juno Beach celebrations; 40
being Courtice students and 8 parent volunteers. This event will
command worldwide attention as reporters from around the world
will be in attendance. As each of their travellers is paying for the
cost of this trip, it is his hope that the three Township Councils
would pay one third of the purchase cost of shirts, to be worn by all
in attendance for security purposes, at a total cost of $3,800. This
sponsorship of each municipality $1,266.67 to each municipality
would also include the crest of each municipality to be stitched onto
the golf shirt appropriate to the home of the traveller. He would
also like two municipal flags to be displayed in the bus windows.
Our assistance would be highlighted on their tour web site.
Resolution #C-212-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item D - 22 be received for information.
"CARRIED"
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D - 24
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April 26, 2004
Ontario Professional Fire Fighters Association, requesting Council's
support for the Ontario Professional Fire Fighters Association 2004
Convention to be held from June 6 - June 10, 2004 through an
advertisement or sponsorship. The Ontario Professional Fire
Fighters Association has a long history of good deeds,
professionalism and community involvement.
Resolution #C-213-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 23 be received for information.
"CARRIED"
Tony Derro, Secretary, The Association of Municipal Tax Collectors
of Ontario advising Council that the Association passed the
following resolution on February 7, 2004:
"WHEREAS sections 356 (Division into parcels), 357
(Cancellation, reduction, refund of taxes), 359 (Increase of
taxes) and 364 (Vacant unit rebate) of the Municipal Act.
2001 all contain provisions for an appeal of the municipalities
determination of taxes under these sections, to the
Assessment Review Board (ARB), and
WHEREAS the issue for the appeal may include the
assessment value used in the determination of taxes, and
WHEREAS municipalities in Ontario rely solely on the
Municipal Property Assessment Corporation (MPAC) to
provide all property assessment values for their property tax
determinations, and
WHEREAS currently legislation does not require MPAC to
participate in these appeals, as a party, and
WHEREAS most municipalities in Ontario do not employ
qualified property assessors, nor should they be forced to hire
or retain qualified property assessors for the purpose of
defending an appeal where the value provided by MPAC is of
issue, and
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April 26, 2004
WHEREAS this change would allow the above sections of the
Municipal Act, 2001 to be consistent with section 331 (Taxes
on eligible properties), which states that s.40 of the
Assessment Act applies to a complaint under that section;
NOW THEREFORE BE IT RESOLVED THAT the Association
of Municipal Tax Collectors of Ontario (AMCTO) hereby
requests the Province of Ontario take the necessary steps to
amend the Municipal Act, 2001 so that any appeal to the
ARB, where the property value is, or may be, an issue, the
following subsections of s.40 of the Assessment Act apply:
(4) When the Assessment Review Board receives a
complaint, it shall forthwith transmit a copy to the
assessment corporation.
(5) The parties to the proceeding are the assessment
corporation, the municipality, all persons complaining
and all persons whose assessment is complained of.
(7) If, before or during the hearing, it appears that
another person should be a party to the proceeding,
the Board shall add the person as a party; if the
hearing has already begun, the Board shall adjourn it
if necessary and give the person notice of the
hearing.
(8) Where value is a ground of complaint that is
proceeded with, at the commencement of the hearing
the assessor shall explain the manner in which the
assessment was arrived at and the complainant shall
explain the nature of the complaint.
FURTHERMORE THAT this change be retroactive to include
any appeals currently outstanding before the ARB, and
FURTHERMORE THAT a copy of this resolution be
forwarded to all AMTCO member municipalities, the
Municipal Finance Officers Association, the Association of
Municipal Mangers, Clerks and Treasurers, the Association
of Municipalities of Ontario, and the Institute of Municipal
Assessors for their support."
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April 26, 2004
Resolution #C-214-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the resolution from the Association of Municipal Tax
Collectors of Ontario regarding the amendment of the Municipal
Act, 2001 related to appeals of municipal taxes be endorsed by the
Council of the Municipality of Clarington.
"CARRIED"
J. D. Leach, City Clerk, City of Vaughan, advising Council that the
City of Vaughan on March 29, 2004, passed the following
resolution:
"WHEREAS Municipalities are vital to the economic growth
and prosperity of Canada and its Provinces;
AND WHEREAS the continued dependence on property
taxes as the single major source of financing for
municipalities is not appropriate;
AND WHEREAS there is a need for additional funding over
the long-term to assist municipalities with respect to
infrastructure particularly transportation infrastructure repair
and replacement;
AND WHEREAS both the Federal and Provincial
Governments place a significant tax on the sale of gasoline;
AND WHEREAS the Province imposes the Retail Sales Tax
on Goods purchased by municipalities;
AND WHEREAS the Federal Government has recently
eliminated a tax on other levels of government by providing a
100% GST rebate to municipalities;
NOW THEREFORE BE IT RESOLVED THAT the Council of
the City of Vaughan requests:
That the Federal and Provincial Governments share 5% of
the Gasoline Tax with Municipalities;
That the Provincial Government fully exempt Municipalities
from the Retail Sales Tax on the purchase of all goods;
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April 26, 2004
That the Provincial Government share a portion of the Ontario
Sales Tax with Municipalities;
That the Federal Government share a portion of the GST with
Municipalities;
And that a copy of this resolution be forwarded to Prime
Minister Paul Martin, Minister of Finance Ralph Goodale,
Premier Dalton McGuinty, Minister of Finance Greg Sorbara
and local Federal and Provincial members of Parliament, and
municipalities over 50,000.
BE IT FURTHER RESOLVED THAT the City of Vaughan
supports continued dialogue on a fair and equitable
distribution of these sources of revenue with Municipalities."
Resolution #C-215-04
Moved by CounciUor Schell, seconded by Councillor MacArthur
THAT the resolution from the City of Vaughan regarding the
Federal and Provincial Governments share of taxes be endorsed by
the Council of the Municipality of Clarington.
"CARRIED"
Carolyn Downs, City Clerk, City of Kingston, advising Council that
at a meeting held on March 30, 2004 the City of Kingston passed
the following resolution regarding the Download of the Rent
Supplement Program and the Rent Bank Program:
"WHEREAS it has been announced that there will be a
download of the Rent Supplement Program and the Rent
Bank Program from the Province of Ontario to municipalities;
and
WHEREAS there has already been a significant download of
social services from the Province of Ontario to municipalities
that have provided substantial cost challenges to
municipalities;
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April 26, 2004
THEREFORE BE IT RESOLVED THAT the City of Kingston
request that the Province of Ontario not carry out this
additional download unless the Province of Ontario is also
willing to assume all direct and indirect costs that
municipalities will incur as a result of assuming these
programs;
-and further-
BE IT RESOLVED THAT a copy of this resolution be
forwarded to all municipalities on our standard mailing list for
endorsement, the Honourable John Gerresten, MPP, and to
the Clerk of the Ontario Legislature for distribution to all
members of the Provincial Parliament."
Resolution #C-216-04
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the resolution from the City of Kingston regarding the
downloading of the Rent Supplement Program and the Rent Bank
Program be endorsed by the Council of the Municipality of
Clarington.
"CARRIED"
Township of the North Shore, advising Council that at a meeting
held on April 5, 2004 the Township of the North Shore passed the
following resolution:
'WHEREAS it is acknowledged that the Minister for
Children's Services recently put out a communique,
"Colouring Outside the Lines", which expressed support by
many professional youth advocates, as well as the premier
Dalton McGinty, that the Ministry name should reflect the
youth segment of society and be more inclusive of
teenagers;
AND WHEREAS on March 10,2001 the Ministry officially
changed the name to the Ministry of Child and Youth
Services, and Ontario's Minister of Child and Youth
Services, Dr. Marie Bountrogianni, has already set up a
schedule of round table discussions in communities across
southern Ontario to meet with community partners to gather
ideas on how to improve services for young people through
discussion forums;
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April 26, 2004
BE IT RESOLVED THAT we support the Ontario wide youth
organization, Town Youth Participation Strategy, in their ten
year history working with youth groups all over Ontario
compiling research that illustrates how definitive supports
and measures provided to youth in sound, positive
environments has increased positive growth and
development of teenagers. That the research further
illustrates that by providing programming and services to
assist youth with constructive and hands-on approaches to
problem-solving and providing a chance for each youth to
experience opportunities that they would not otherwise have
had exposure to, has proven to make the world or difference
in those very formidable years before adulthood when they
will become the next leaders and decision makers;
BE IT FURTHER RESOLVED THAT TYPS Inc., the non-
profit organization that works tirelessly in support of youth
centres across Ontario, be invited to the final round table
discussion in Toronto, or that a special forum for the purpose
of discussing the needs of youth be coordinated, with an
invitation to TYPS Inc. to present the research and speak on
behalf of well over one hundred youth organizations across 5
regions of Ontario;
AND FURTHER THAT a copy of this resolution, supported
by each council, be forwarded directly to the Minister of Child
and Youth Services and that a copy also be forwarded on to:
TYPS Inc.
88 Cornelia St. West, Unit A3
Smith Falls Ontario, K7A 5K9
Fax 613-283-9107
Email:typs@magma.ca...
Resolution #C-217 -04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 27 be referred to the Clarington
Youth Advisory Committee for review.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D - 28
C10.MO
D - 29
C10.MO
- 35-
April 26, 2004
Pat Berfelz, Deputy Clerk, Town of North Perth, advising Council
that at a meeting held on April 5, 2004 the Town of North Perth
passed the following resolution:
'WHERAS the Ministry of Environment has enacted Ontario
Regulation 170/03;
AND WHEREAS the above stated regulation has regulated
the operation of small municipally owned non-residential
water systems;
AND WHEREAS a washroom facility at a municipally owned
rural sports field is now considered to be regulated;
AND WHEREAS the long term cost of operating such a
small facility under the above stated regulations is
prohibitively expensive;
AND WHEREAS the return to 'port-a potties' as washroom
facilities is not a positive change, and presents an increased
health risk to users;
AND WHEREAS the Perth District Health Unit also believes
that the move away from the current facilities to portable
facilities presents health risk;
NOW THEREFORE BE IT RESOLVED that the Council of
the Corporation of the Town of North Perth request the
Ministry of Environment exempt small non-residential
facilities which supply washroom facilities only from all
portions of O.Reg 170/03."
Resolution #C-218-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Correspondence Item D - 28 be referred to the Director of
Operations Department.
"CARRIED"
Sylvia E. Hammer, Administrator-Clerk, Corporation of the
Township of Adelaide Metcalfe, advising Council that at a meeting
held on April 5, 2004 County Council passed the following
resolution:
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Council Minutes
COMMUNICATIONS
- 36-
April 26, 2004
"BE IT RESOLVED THAT for the purposes of improving the
accuracy and currency of the municipal voters' lists and the
Ontario Population Reports, the Township of Adelaide
Metcalfe request the Province of Ontario make available to
the Municipal Property Assessment Corporation (MPAC) on
a regular and on-going basis, records of all births and deaths
in the Province of Ontario as recorded by the Vital Statistics
database maintained by the Ministry of Consumer and
Business Services; and
FURTHER THAT this resolution be sent to the Association of
Municipalities of Ontario, MPAC and all Ontario
Municipalities for endorsement and support."
Resolution #C-219-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Corporation of the Township of
Adelaide Metcalfe regarding the improvement of the accuracy and
currency of the municipal voters' list be endorsed by the Council of
the Municipality of Clarington.
"CARRIED"
NOTICE OF MOTION
REPORTS
Report #1
G.P.A. Report
April 7, 2004
2004 Budget
Resolution #C-220-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the Special General Purpose and Administration Committee
Report of April 7, 2004, be approved.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
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Council Minutes
REPORTS
Report #2
G.PA Report
April 19, 2004
Report #3
Grant Eligibility
Canadian
Calendar Girls
Inc.
Confidential
Reports
- 37-
April 26, 2004
Council Member
Councillor Foster
Councillor MacArthur
Councillor Pinole
Councillor Robinson
Councillor Schell
Councillor Trim
Mavor Mutton
Yes
.J
.J
.J
.J
.J
.J
.J
No
Resolution #C-221-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee
Report of April 19, 2004, be approved.
"CARRIED"
Resolution #C-222-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report CSD-07-04 be received; and
THAT a grant in the amount of $500 be approved for Canadian
Calendar Girls Inc.; and
THAT the applicant be advised of Council's decision.
"CARRIED"
Councillor Foster stated a pecuniary interest with respect to Report
#5, Confidential Report PSD-048-04 and refrained from discussion
and voting on the subject matter.
Resolution #C-223-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Confidential Report PSD-047-04, Confidential Report
PSD-048-04 and Confidential Report ADM-048-04 and the
Confidential verbal report of the Solicitor be referred to the end of
the agenda to be heard during "closed" session.
"CARRIED"
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Council Minutes
- 38 -
April 26, 2004
UNFINISHED BUSINESS
Resolution #C-224-04
Moved by Councillor Pingle, seconded by Councillor Trim
THAT the request for support for the KMW Adult Day Program be
lifted from the table.
"CARRIED"
Resolution #C-225-04
Moved by Councillor Ping Ie, seconded by Councillor Schell
THAT the correspondence requesting support for the KMW Adult
Day Program be received for information.
"CARRIED"
Resolution #C-226-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the presentation of Gregory Smith, Ontario Power
Generation be received with thanks.
"CARRIED"
Resolution #C-227-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the presentation of Staff Sergeant Bruce Townley - Durham
Regional Police, Connie Vail - Durham Regional Health Department
and Tony Fanara - ATV Safety Coalition Durham Region ATV
Safety Coalition be received with thanks.
"CARRIED"
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Council Minutes
- 39-
April 26, 2004
UNFINISHED BUSINESS
OTHER BUSINESS
Boards and
Committees
Update
Resolution #C-228 -04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the agenda be altered to allow for consideration of the items
under "Other Business" prior to moving into the "closed" session.
"CARRIED"
Councillor Trim advised Council that he attended Health and Social
and Regional functions on the weekend.
Councillor MacArthur informed Council that the Samuel Wilmot
"Earth Day" consisting of displays of live raptors, tree planting and
garbage cleanup was a success. Approximately 100 residents took
part in the day, along with Sue Arends of the Municipality of
Clarington's Operations Department. The amount of litter that was
collected was incredible. Councillor MacArthur thanks all the
responsible citizens who went out and aided in the clean up.
Mayor Mutton stated residents could call the Durham Region for
pick up of their garbage and stated littering carries a maximum fine
of $5,000.
Councillor Pingle advised Council the Tyrone Hall Board will be
hosting a GaragelBoot Sale to be held on May 8, 2005 at 8:00 a.m.
Also, Bethesa House will be holding a fund raising dinner and
auction on May 27, 2004.
Councillor Schell invited Council to the Maplefest to be held this
Saturday, May 1, 2004 to enjoy and sample maple food. He
advised that copies of the Draft Terms of Reference for the
environment process of the Highway 407 are available for the
public.
Councillor Trim informed Council that he was in Orono on Saturday
and advises that five to six dump truck loads of garbage were ready
for pickup. He would like to thank the Leo's and Mason's for their
involvement in the clean up. Ms. Farrell invited neighbours in
Newtonville along with the Operations Department to aid in the
clean up south of Highway #2.
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Council Minutes
OTHER BUSINESS
BY-LAWS
- 40-
April 26, 2004
Councillor Robinson requested a breakdown of the Regional
budget in regards to the figures allotted for road work from Mayor
Mutton. Mayor Mutton advised that a copy of the Regional budget
is available in his office. He advised that Mill Street, from Highway
2 down to Highway 401 has been accounted for in the five year
Capital Plan.
Resolution #C-229-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Council recess for five minutes and then reconvene in
"closed" session to discuss property and legal matters.
"CARRIED"
Resolution #C-230-04
Moved by Councillor Shell, seconded by Councillor Pingle
THAT the actions taken in "closed" session be ratified.
"CARRIED"
Resolution #C-231194-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-088 to
2004-114 inclusive, and that the said by-laws be now read a first
and second time:
2004-088 being a by-law to exempt a certain portion of Registered
Plan 40M-2185 from Part Lot Control
2004-089 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle
2004-090 being a by-law to exempt a certain portion of Registered
Plan 40-2161 from Part Lot Control
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Council Minutes
BY-LAWS
- 41-
April 26, 2004
2004-091 being a by-law to exempt a certain portion of Registered
Plan 40-1994 from Part Lot Control
2004-092 being a by-law to amend By-law 2003-150, a by-law
respecting the appointment of a Chief Building Official,
Building Inspectors, Plumbing Inspectors and Fire Safety
Inspectors
2004-093 being a by-law to establish, layout dedicate certain lands
as public highways in the Corporation of the Municipality of
Clarington
2004-094 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-095 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-096 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-097 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-098 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-099 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-100 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-101 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-102 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
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Council Minutes
BY-LAWS
- 42-
April 26, 2004
2004-103 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-104 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-105 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-106 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-107 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-108 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2004-109 being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Tascor
Construction Ltd., Uxbridge, Ontario to enter into an
agreement for the Construction of a road access at 2375
Baseline Road, Bowmanville
2004-110 being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Visual Arts
Centre, Bowmanville, Ontario to enter into an agreement for
lease of Visual Arts Centre at 143 Simpson Avenue,
Bowmanville
2004-111 being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Lions
Club, Bowmanville, Ontario to enter into an agreement for
lease of Clarington Beech Centre, 26 Beech Street,
Bowmanville
2004-112 being a by-law to authorize a Purchase Agreement between
the Corporation of the Municipality of Clarington and Terry
Edwards, in respect to the purchase of Part 1, 10R-1734,
Part Lot 9, Broken Front Concession, former Town of
Bowmanville, 63 East Beach Road, Bowmanville
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Council Minutes
BY-LAWS
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- 43 -
April 26, 2004
2004-114 being a by-law to regulate and license Refreshment
Vehicles within the Municipality of Clarington and to repeal
By-law #91-95, as amended
"CARRIED"
Resolution #C-232-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-088 to 2004-112
inclusive, and 2004-114, be approved.
"CARRIED"
Councillor Foster stated pecuniary interest with respect to
By-law 2004-113 and refrained from voting on the by-law.
Resolution #C-233-04
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT leave be granted to introduce By-law 2004-113, being a by-law
to authorize a Purchase Agreement between the Corporation of the
Municipality of Clarington and the Trustees of the Ebenezer
Congregation of the United Church of Canada and the Trustees of the
Faith United Congregation of the United Church of Canada, in respect
to the acquisition of 2201 Courtice Road, Part Lot 28, Concession 2,
former Town of Darlington, Municipality of Clarington and the said
by-law be now read a first and second time.
"CARRIED"
Resolution #C-234-04
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the third and final reading of By-law 2004-113 be approved.
"CARRIED"
Councillor Foster stated pecuniary interests earlier in the meeting
and refrained from discussion and voting on the confirming by-law.
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Council Minutes
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April 26, 2004
CONFIRMING BY-LAW
. ADJOURNMENT
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Resolution #C-235-04
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT leave be granted to introduce By-law 2004-115 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 26th day of April 2004, and
that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-236-04
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT the third and final reading of By-law 2004-115 be approved.
"CARRIED"
Resolution #C-237-04
Moved by Councillor Ping Ie, seconded by Councillor Robinson
THAT the meeting adjourn at 9:57 p.m.
"CARRIED"