HomeMy WebLinkAbout05/10/2004
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
May 10, 2004
Minutes of a regular meeting of Council held on
May 10, 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, 1. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Solicitor, D. Hefferon
Director of Operations Department, F. Horvath
Director of Corporate Services, M. Marano
Manager of Development Review, L. Taylor
Director of Finance/Treasurer, N. Taylor
Administrative Assistant to the Clerk, C. Tennisco
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
PUBLIC MEETING
Mayor Mutton indicated that he would be disclosing a pecuniary
interest with respect to the delegation of Richard Ward, Report
CLD-16-0-04 and the Addendum to Report CLD-16-04.
In accordance with section 34(2) 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 alter a portion of Boundary
Road in the Village of Burketon by restricting access to the road
allowance at the westerly terminus of the open portion of Boundary
Road in the Municipality of Clarington.
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Council Minutes
PUBLIC MEETING
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May 10, 2004
The following residents spoke in opposition:
Stuart Watt, Chairman of the Park Board, 10368 Old Scugog Road,
Burketon, LOB 1 BO, a resident of the area to 28 years, stated that
restricting access to the road allowance will create the following
issues:
- emergency vehicles would not have access
- enjoyment of the trail would be restricted for snowmobilers, dirt
bike riders and residents walking dogs.
Mr. Watt stated all residents who would be affected by the gating
did not receive a letter informing them of the intentions of the
municipality.
Sandra Dunham, 2200 Boundary Road, Blackstock, LOB 1 BO, and
Terri Tanner, 2204 Boundary Road, Blackstock, LOB 1 BO stated
they are opposed to the gating of Boundary Road. Ms. Dunham, a
resident for 15 years in the area, uses the trail for the enjoyment of
biking and walking. She supports the trail being used safely and
suitably. She indicated that closing off the access with a gate will
createlopen approximately 10 or more openings - the public would
gain access through railway tracks, private land and the main road
onto Old Scugog. Residents are not bothered by the usage of the
trail though it is busier on weekends. All types of vehicles use the
road. Some alternatives would be to:
make the road a safety zone controlled by speed zones
a legal opening for wheel chair access in accordance with the
Ontarians with Disabilities Act
The Tweed Trail serves multi purposes; the snowmobile permit
is a permit to use the trail year round - we could model this
concept for the Boundary Road Trail.
Terry Tanner stated that closing access to the Boundary Trail would
create the situation for people to gain entry through parks and
residents' property. Long term residents moved to the area for the
enjoyment of the trail. She states that community safety zone
fines should be implemented to slow down the traffic speed.
Cathy Bambrough, 10415 Old Scugog Road, Burketon, LOB 1 BO, a
five year resident, is opposed to the gating of Boundary Road.
They moved to area to enjoy the trail. Should a gate be installed
the public will tear it down. Though weekends are busier, the main
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Council Minutes
PUBLIC MEETING
PRESENTATIONS
MINUTES
DELEGATIONS
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May 10, 2004
problem is the vehicles running up and down Old Scugog Road at
11 :00 p.m. She is suggesting:
- a 10 week Durham Regional Police blitz, to make the few people
who do not adhere to the by-laws to slow down.
- staff at the gate to open and close it, or a special pass to access
the trail.
Randy Kirk, 10406 Old Scugog Road, Burketon, LOB 1 BO, is
opposed to the gate installation as he moved to area to use the
trail. He has given the government money by purchasing the
permits for hunting and to use the trails. Now the municipal
government says we cannot use the trail.
Norm Tinker, 10352 Old Scugog Road, Burketon, LOB 1 BO, a 25
year resident, enjoys walking the trails. Should the trail be gated,
he would have to drive to go walking and could no longer enjoy the
trail.
Mayor Mutton presented certificates to Tim Sikma and John
Devries in recognition of them being awarded the 2003 Master
Breeders' Award of Excellence by the Holstein Canada Association.
Resolution #C-238-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on April 26,
2004, be approved.
"CARRIED"
Resolution #C-239-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Clay Taylor be added to the agenda as a delegation
regarding Report CLD-15-04.
"CARRIED"
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Council Minutes
DELEGATIONS
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May 10, 2004
Mayor Mutton disclosed a pecuniary interest with respect to the
request of Richard Ward to be heard as a delegation. Mayor
Mutton's 2003 municipal election campaign is the subject of the
delegation. Mayor Mutton left the meeting during the discussion.
Councillor Schell chaired this portion of the meeting.
Resolution #C-240-04
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Richard Ward be added to the agenda as a delegation
regarding Report CLD-16-04.
"CARRIED"
lain Alexander, Darlington Soccer Club, Unit #3 - 71 Mearns Court,
Bowmanville, L 1 C 4N4, addressed Council regarding Report COD-
023-04. He advised Council that the Darlington Soccer Club is
making a financial commitment of $500,000 toward the facility. To
support this, the Darlington Soccer Club presented Council with a
cheque in the amount of $30,000. The club has numerous
fund raisers set up to continue to meet their financial goals.
Greg Sznajdruk, 9580 Murphy Road, Bowmanville, L 1 C 3K6,
addressed Council regarding Report CLD-15-04 and submitted a
letter requesting clarification of the following:
The City of Kawartha Lake & Stratford have Noise By-laws
relating to auto racing-why weren't references to these bylaws
included in the report?
- Was Clarington's by-law, before being rescinded, based on OMB
Guidelines?
- If Mosport did not lobby Council, why was the by-law repealed?
Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1,
addressed Council regarding the Headgate Development ZBA
2004-003 - Zoning Bylaw and Draft Plan of Subdivision. Residents
have met to discuss the Headgate and Hancock Neighbourhood
Plan and have numerous concerns. She requests a chance to
work together to create a community that we would be proud of, a
community that would be livable with no distribution of the
groundwater or diverting of streams.
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Council Minutes
DELEGATIONS
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May 10, 2004
Rick James, 55 Centre Street, Bowmanville, L 1 C 2Y2, thanked
Council for hearing residents concerns regarding the Old
Bowmanville Heritage District Designation. He referred to three
distinct areas of concern with regards to designation:
1) Insurance, renovation costs and the effects on the marketability
of homes.
2) Control by government or committees over their homes now or,
more importantly, in the future.
3) The most troubling is the image this proposal is creating of the
neighbourhood. Rather than designate only the neighbourhood,
Mr. James would like to see a solution that can be used
municipally wide to protect our historical assets.
Following a question and answer period with Council, Mr. James
stated he did not have a problem with proceeding to Phase II of the
process but, he does not want designation to be the outcome.
Resolution #C-241-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Council move into "closed" session to hear the delegation of
the Clarington Museums and Archives Board regarding a
Confidential Property Matter.
"CARRIED"
The meeting reconvened in "open" session at 8:30 p.m.
Clay Taylor, 5505 Darlington Manvers Townline Road, R.R. #3,
Pontypool, LOA 1 KO addressed Council with respect to Report
CLD-15-04. On July 19, 1994 the North Clarington Ratepayers
Association was incorporated under Ontario laws. Concerned
property owners formed the Association because activities at
Mosport Park were adversely affecting the enjoyment of their
property. In rescinding By-law 97-124 last year, input from
residents in the area was not requested. There is a whole host of
issues beyond the fundamental problem of excessive noise as
follows:
numerous by-law violations
drunken and disorderly conduct by Mosport patrons
trespassing and vandalisrn issues
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Council Minutes
DELEGATIONS
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May 10, 2004
parking issues
lack of policing and public security and more when major events
are underway.
He is asking Council if they intend to alleviate the noise issue and
what they would suggest property owners adversely affected by
activities at Mosport consider as a course of action to mitigate the
problems in North Clarington.
Mayor Mutton disclosed a pecuniary interest with respect to the
delegation of Richard Ward and Report CLD-16-04. Mayor
Mutton's 2003 municipal election campaign is the subject of the
delegation and report.
Resolution #C-242-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 8:50 p.m.
Mayor Mutton left the meeting and Councillor Schell chaired this
portion of the meeting.
Richard Ward, 3709 Regional Rd. #9, Kendal, LOB 1 MO, addressed
Council regarding Report CLD-16-04. Mr. Ward's concerns
regarding the 2003 Elections are as follows:
Mayor Mutton received $750 contributions from each of Cougs
Investments and Lawrence Glen Holdings. He claims that these
two companies are related and therefore a violation of Section
72 of the Municipal Elections Act has occurred.
Advertising was not provided equally by Rogers Cable and
Metroland, which he claims is another violation of the Municipal
Elections Act.
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Council Minutes
REPORTS
Report #3
Application for
Compliance Audit
Mayor Mutton
2003
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May 10,2004
Resolution #C-243-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the agenda be altered to address Report CLD-16-04 and the
Addendum to Report CLD-16-04 at this time.
"CARRIED"
Resolution #C-244-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report CLD-16-04 be received; and
THAT, in accordance with subsection 81 (3) of the Municipal
Elections Act, 1996 the application submitted by Mr. Richard Ward
for a Compliance Audit of Mayor John Mutton's 2003 Election
Campaign be rejected, since Council is of the opinion that there are
not any reasonable grounds to believe that Mayor John Mutton
contravened a provision of the Municipal Elections Act, 1996
relating to election campaign finance.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No
Councillor Foster -V
Councillor MacArthur -V
Councillor Pinale 'i
Councillor Robinson -V
Councillor Schell -,J
Councillor Trim -,J
Mavor Mutton
Declaration of
Pecuinarv Interest
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The Addendum to Report CLD-16-04 was received as a handout.
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Council Minutes
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May 10, 2004
REPORTS
Addendum Resolution #C-245-04
2003 Compliance
Audit Application Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the Addendum to Report CLD-16-04 be received for
information.
"CARRIED"
Mayor Mutton reassumed the Chair.
COMMUNICATIONS
Resolution #C-246-04
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 - 12, 1- 13 and 1-15.
"CARRIED"
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Brian C. Lemon, Chief Executive Officer, Lakeridge Health,
informing Council that in the testing and follow-up of Tuberculosis
contacts, Lakeridge Health will suspend its Family Healthcare
Centre effective May 3, 2004 until further notice. Diagnostic
Imaging services at Lakeridge Health Whitby will continue to be
available to local physicians. A news release was placed in the
local media on Sunday, May 2 and Wednesday, May 5, 2004.
Residents requiring medical care are to contact their physician's
office, urgent-care clinic or visit their closest Emergency
Department.
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Minutes of the Clarington Traffic Management Advisory Committee
meeting dated April 15, 2004.
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Minutes of the Central Lake Ontario Conservation Authority
meeting dated April 20, 2004.
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Minutes of the Clarington Hwy. 407 Community Advisory
Committee meeting dated April 6, 2004.
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Council Minutes
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May 10, 2004
COMMUNICATIONS
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Lisa McNee Baker, Executive Director, Big Brothers & Sisters of
Clarington, thanking Council for their generous contribution for the
generous grant of $2,000.00. As a charitable organization, they
rely heavily on the support of our community and appreciate both
Clarington's donation and support.
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Dion Drewlo, Meet Coordinator, Clarington Speed Skating Club,
thanking Council for their generous contribution for the "Celeblade
2004: Celebrating Team Sport" which took place March 20 and 21,
2004 at the South Courtice Arena. They welcomed 226 skaters
representing 18 speed skating clubs.
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Federation of Canadian Municipalities advising Council of the
release of the third in its series of reports on quality of life highlights
in 20 municipalities. The report finds that, despite general
improvements in rates of post-secondary education, employment
growth and home-ownership, quality of life deteriorated for a
number of people during the 1990s. Improvements in income and
poverty rates since 1996 have been offset by a growing income
gap, housing affordability problems and changes to social
programs. The report illustrates the urgency of a New Deal for
Canada's communities.
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Patti Munce, Ministry of Municipal Affairs and Housing, advising
Council that The Honourable John Gerretsen announced the
government will introduce legislation to suspend the automatic two
per cent base portion of annual rent increase for tenants in 2005. If
passed, rent increases would be based solely on the Rent Control
Index, a formula which takes into account increases in operating
costs faced by landlords. The legislation will provide a "time out"
while the government consults with tenants and landlords on
replacing the previous government's misnamed "Tenant Protection
Act." The current law has neither protected tenants from excessive
rent increases, nor spurred the development of sufficient new rental
accommodation. Decent and affordable rental housing is
fundamental to the strength and well-being of our communities.
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Kim Coates, Clerk, Township of Scugog, advising the Minister of
Natural Resources, the Minister of the Environment and the
Minister of Municipal Affairs and Housing that the Township of
Scugog on April 12, 2004 passed a resolution supporting the
Kawartha Conservation 2004 Budget.
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Council Minutes
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May 10,2004
Roger Anderson, Regional Chair, Regional Municipality of Durham,
advising the Minister of Municipal Affairs and Housing that Regional
Council passed the a resolution on April 14, 2004 requesting that
the Planning Act and the Municipal Act be amended to allow direct
participation of the upper-tier municipalities in local municipal
community improvement programs, including the provision of
incentives.
Dr. Sheela V. Basrur, Chief Medical Officer of Health and Assistant
Deputy Minister, advising Council that Health and Long-Term Care
Minister George Smitherman has released the interim report from
Mr. Justice Archie Campbell on the investigation in the outbreak of
Severe Acute Respiratory Syndrome (SARS). The report was
submitted to the Minster on April 15, 2004, and is available on the
web site www.health.qov.on.ca. The Campbell Commission was
established to investigate how the SARS virus came to the
province, how it was spread and later contained. The report
outlines what happened, what lessons have been learned and what
improvements should be made to Ontario's healthcare system.
David Caplan, Minister of Public Infrastructure Renewal advising
the Association of Municipalities of Ontario that the submission
deadlines for the Affordable Housing Program have been extended
to August 31,2004 and encouraging new submissions while the
program is being developed.
Association of Municipalities of Ontario advising Council that The
Honourable Chris Bently, the Minister of Labour, introduced Bill 56
"Employment Standards Amendment Act (Family Medical Leave)"
on April 13, 2004. This Act will allow up to eight weeks of job
protected family medical leave, during which time the employee
must continue to pay their share of any benefit, pension or health
plans. An employee must provide the employer with a supporting
medical certificate confirming that a family member has a serious
medical condition with significant risk of death within 26 weeks.
Allan Hewitt, Chair, Clarington Public Library Board Trustees,
advising Council that on April 28, 2004, the Board passed the
following motion regarding Report ADM-04-04:
"THAT Correspondence Item D-1 be received; and
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Council Minutes
COMMUNICATIONS
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May 10, 2004
THAT a letter be sent to Municipal Council stating that the
Library Board is unable to endorse Report AD 04-04 due to
insufficient financial data from the Municipality of Clarington
to support the recommendations as a budgetary measure."
Jim Flaherty, MPP, Whitby, writing to Roger Anderson, Chair,
Durham Region addressing the Government's abandonment of the
Durham Courthouse. The RFQ and RFP process were completed
in substantial time and expense and would have been a major
cornerstone of infrastructure in Durham Region. He is requesting
Regional Council's support on this matter.
Sandra Kranc, City Clerk, Corporation of the City of Oshawa,
advising Pat Madill, Regional Clerk, Regional Municipality of
Durham that the City of Oshawa passed the following resolution at
their meeting held on April 26, 2004:
"THAT the Region of Durham be advised of Oshawa
Council's decision of April 5, 2004, to support the option of a
directly elected Chair for the Regional Municipality of
Durham."
Debbie Leroux, Deputy Clerk, Corporation of the Township of
Uxbridge, advising Council that on April 19, 2004 the Township of
Uxbridge passed the following resolution regarding the Provincial
Highway Improvements in Durham Region:
"THAT the Provincial Government be advised that we support
the resolution of the Municipality of Clarington to resume and
expedite the completion of Highway 407 east to Highway
35/115."
Ministry of Natural Resources advising Council that they and the
Ontario Provincial Police have signed a protocol clarifying roles and
responsibilities around responding to problems between humans
and bears. The Ontario Association of Chiefs of Police supports
the protocol and will encourage member forces to use it as a
template to reach agreements with municipal forces.
Richard M. Daley, Mayor, City of Chicago, inviting Council to the
International Association of Great Lakes and St. Lawrence Mayors'
Conference to be held in Chicago on July 14-16, 2004. This year's
conference is "Great Lakes - Great Ideas." Conference information
can be found at www.ttclients.com/2004MavorsConference.
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Council Minutes
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May 10,2004
Federation of Canadian Municipalities advising Council of their
concerns for a New Deal on rights-of ways. The Right-of-Way
Defense Fund allows monitoring and participation in the defense of
legal challenges to the use of municipal rights-of-ways by
telecommunications carriers. A series of Canadian Radio-
television and Telecommunications Commission decisions have led
to a number of disputes between municipal governments and
telecommunication carriers. Municipal governments must have full
authority to manage publicly owned property and receive fair
compensation for the use and occupancy of municipal property.
They are engaged in a national campaign to communicate these
concerns and seek a solution to the conflict.
Janet Harris, Executive Director, Durham Access to Care, advising
Council of their support for the Region's vision of providing access
to transit throughout Durham. Although their services are delivered
in the home, they do have numerous community-based
organizations that their clients need to access such as Adult Day
Programs. As well, horne care clients often require health and
medical care that cannot be provided in the home. On these
occasions, clients are often additionally challenged by the lack of
availability of a transit system.
Greater Oshawa Chamber of Commerce forwarding a media
release advising that the Highway 407 Eastward Extension is
supported by Ontario Businesses. At the recent Annual General
Meeting of 160 local Chambers of Commerce and Boards of Trade,
the resolution regarding the extension received overwhelming
support of the delegates.
Karen Campbell, President & CEO, Greater Toronto Marketing
Alliance forwarding a copy of Canadian Business, Canada's best
selling business magazine, highlighting the winners of the 2004
GTA International Awards of Distinction.
D. Hartford, Bowmanville, thanking Council for the improvements in
the Bowmanville Creek Valley Lands. The cleanup on the weekend
of April 24 - 25, 2004 is appreciated. Thank you for a cleaner bank
and stair well at the bottom of Rotary Park. To all citizens and
school children who participated, the work certainly shows and is
appreciated.
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Council Minutes
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May 10, 2004
Resolution #C-247-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 8 be received for information.
"CARRIED"
Gary Polonsky, President, University of Ontario Institute of
Technology, writing to John O'Toole, MPP, Durham, requesting
support on the matter of enhanced nuclear capacity in Durham
Region and specifically, in Clarington. He states that Ontarians do
not have sufficient hydro power to meet their daily needs. Thus, we
must do the best we can with what we've got. While everyone is
fully supportive of better conservation and green power (e.g. wind,
solar, hydrogen), the recent Manley report makes clear that they
will simply be inadequate to fuel Ontario's current and future needs.
So, we seem to have no choice but to expand our nuclear capacity.
Resolution #C-248-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item I - 12 be received for information and a
copy be forwarded to the Minister of Energy.
"CARRIED"
Ron Hooper, President, Clarington Board of Trade, advising
Council of the need for increased electricity base load supply. The
Clarington Board of Trade supports the contention that if the best
way to sustain our quality of life and keep our business competitive
is with nuclear power, then the best place to build the generation is
here in Clarington. The expertise and infrastructure necessary to
build and operate a safe and productive nuclear power plant
already exists in our community. At the same time, The Clarington
Board of Trade urges the municipality to prove itself a leader in
energy conservation to lessen the need for additional generating
facilities.
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Council Minutes
COMMUNICATIONS
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May 10, 2004
Resolution #C-249-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Correspondence Item I - 13 be received for information and a
copy be forwarded to the Minister of Energy.
"CARRIED"
J.S. Burke, Deputy Minister, Ministry of Municipal Affairs and
Housing advising Council of the province's current plan regarding
municipal costs incurred in response to the power outage of August
14, 2003. The decision to compensate municipalities and other
public authorities was made and communicated by the previous
government in August 2003. In light of the considerable existing
debt, the government has decided not to proceed with the
compensation program.
Resolution #C-250-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 15 be received for information.
"CARRIED"
Correspondence Item D - 10 was distributed as a handout.
Resolution #C-251-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Correspondence Items be approved as per the agenda,
including the handout item, with the exception of Items D - 8 and
D - 9.
"CARRIED"
Kim Goyne, Bowmanville, advising Council of concerns regarding
the designation of the area bounded by Wellington, Liberty and
Concession Streets as a Heritage Conservation district. The
designation is not what the homeowners want, nor will it best serve
their interests, and she has concerns of the process itself. At a
LACAC meeting, it was indicated there was a consensus to support
proceeding to Phase II; she believes it was made quite clear that
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Council Minutes
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May 10, 2004
COMMUNICATIONS
they did not. She asks that Council defer making decisions
pertaining to the heritage designation until recently drafted changes
to the Heritage Act can be fully understood. With a more balanced
representation of neighbourhood interests and wishes and some
independent guidance, their efforts can benefit neighbourhoods
throughout the municipality.
(Correspondence referred to the
Director of Planning Services)
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L. H. Woods, Manager, Marshall Macklin Monaghan, requesting an
exemption to the Noise By-law for the period of May 8 - September
30,2004. An Agreement between Hydro One and St. Marys has
been completed for the relocation of Westside Creek to an
easement located between the Hydro One towers. In order to
complete the Westside Creek diversion channel, culverts are
required to be constructed at the towers. The construction must
proceed continuously, dawn to dusk, seven days a week until
completed.
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(Approved the by-law exemption for the
period May 8 to September 30, 2004)
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Myles Brandt, President & General Manager, Mosport International
Raceway, requesting Council to restrict access on Mosport Road
for the following dates in order to restrict access to race fans
coming to Mosport and disrupting the neighbours along the road:
. May 215t
. June 20th
. June 27th
. July 16th
. August 5th
from 7:00 a.m. - May 23rd at 3:00 p.m.
from 7:00 a.m. to 3:00 p.m.
from 7:00 a.m. to 2:00 p.m.
from 7:00 a.m. - July 18th at 3:00 p.m.
from 7:00 a.m. - August 8th at 3:00 p.m.
Security is instructed to just restrict access and allow normal traffic
to go through and not cause the three or four families who live on
the road any problems and/or inconvenience.
(Approved provided organizers apply for
and obtain a Road Occupancy Permit
from the Engineering Services
Department)
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Ross MacEachern, Manager, Environmental Health, The Regional
Municipality of Durham requesting Council's permission to conduct
a larviciding program within the Municipality of Clarington. During
the spring and summer of 2004, the Durham Regional Health
Department will be conducting activities involving West Nile Virus
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Council Minutes
COMMUNICATIONS
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May 10,2004
vector control for mosquitoes in the Region of Durham. An
important component of Durham Region West Nile virus Vector
Control Plan involves conducting a larviciding program through
early spring to mid summer in catch basins and other stagnant
water bodies on municipal and regional property. In order to
receive a permit issued from the Ontario Ministry of the
Environment to apply a larvicide to municipal property, the
municipality within the jurisdiction of a Region must supply a letter
from a representative of the municipality authorizing the use of a
larvicide in the municipality by the Region.
(Approved)
Mary A. Labaj, Immediate Past President, Multicultural Council of
OshawalDurham, requesting Council to declare the month of June
as "Elder Abuse Awareness Month". The sufferings of our elder
citizens have not received the same attention as the issues of child
and spousal abuse. The Municipality of Clarington's recognition of
the importance of this issue goes a long way towards raising public
awareness about elder abuse.
(Proclaimed)
Carol Smitton, Committee Secretary, advising Council that on April
21, 2004 Durham Region passed the following resolution regarding
the Durham Region Litter Survey Report 20004-WR-6:
"THAT Report #2004-WR-6 of the Commissioner of Works, be
received for information;
THAT a copy of Report #2004-WR-6 of the Commissioner of Works
be forwarded to the Area Municipalities, School Boards and
Durham College, requesting their assistance with Durham Region's
litter concerns; and
THAT Regional staff develop an educational package to address
the Region's litter issues."
(Correspondence referred to the
Director of Operations)
Debbie Godfrey, Public Health Nurse, Regional Municipality of
Durham requesting proclamation of June as "Health Before
Pregnancy" month. For the 2004 campaign, special consideration
will be given to the importance of planning a pregnancy that is
alcohol-free and smoke-free. The effects of drinking alcohol and
smoking during pregnancy can last a baby's lifetime.
(Proclaimed)
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Council Minutes
COMMUNICATIONS
D-10
M02.GE
D-8
C10.MO
- 17-
May 10, 2004
Letter from David Kelly, Chair, Clarington Accessibility Advisory
Committee requesting permission to hold the Rick Hansen Wheels
in Motion Event on June 13, 2004. The event will commence at the
Courtice Community Complex, head north on Courtice Road, west
on Nash Road, then return along Nash Road, south on Courtice
Road back to the Complex.
Resolution #C-252-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item D - 10 be received and approved,
provided the organizers apply for and obtain a Road Occupancy
Permit from the Engineering Department.
"CARRIED"
J. D. Leach, City Clerk, City of Vaughan, advising Council that the
City of Vaughan on April 26, 2004 passed the following resolution
regarding the Property Taxation of the 407 and Future Express Toll
Roads (ETR):
'Whereas the 407 ETR is being operated on a for-profit
basis through tolls paid by those using the highway;
And Whereas the 407 ETR operates in a number of
municipalities;
And Whereas the Province plans to expand the use of toll
roads in Ontario;
And Whereas municipal roads connected to the 407 ETR are
subject to increased vehicular traffic placing additional
demand on the local infrastructure;
And Whereas the land occupied by the 407 ETR is not
available to generate property tax revenue to the local
municipality;
And Whereas the Province of Ontario makes payments-in-
lieu of taxes on lands owned or controlled by the Province
where taxable tenants occupy the land;
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Council Minutes
COMMUNICATIONS
- 18 -
May 10, 2004
And Whereas the current Assessment Act exempts from
taxation, toll highways, and the current Municipal Tax
Assistance Act excludes highways from a payment in lieu of
property taxes (PIL);
And Whereas the Mayor of the City of Vaughan, Mayor
Michael Di Biase raised this issue with the Minister of
Finance on March 18,2004, during the Province's Pre-
Budget Discussions;
Now, therefore be it resolved that the Province of Ontario
make the necessary legislative/regulatory changes regarding
the 407 and all future express toll roads, to provide local
municipalities with;
.
The ability to charge property taxes, or
The ability to charge payments in lieu of taxes (PIL's)
at the commercial rate that would be payable if
property taxes were applicable, or
An equivalent portion of the revenues received from
Express Toll Roads.
.
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And that a copy of this resolution be forwarded to the
Premier of Ontario, Dalton McGuinty, the Honourable Greg
Sorbara, Minister of Finance, the Honourable Harinder
Takhar, Minister of Transportation, the Honourable John
Gerretsen, Minister of Municipal Affairs and Housing, local
members of Provincial Parliament, the Association of
Municipalities of Ontario (AMO), the Region of York and
other municipalities that have 407 ETR lands.
Resolution #C-253-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the resolution of the City of Vaughan be endorsed by the
Council of the Municipality of Clarington.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D-9
C10.MO
- 19-
May 10, 2004
J. D. Leach, City Clerk, City of Vaughan, advising Council that the
City of Vaughan on April 26, 2004 passed the following resolution
regarding the Municipal Property Assessment Corporation Current
Value Assessment Process:
"Whereas the Provincial Government adopted in 1998, Current
Value Assessment as a property valuation system for Ontario;
And Whereas the Current Value Assessment is the base which
provides the foundation on which a municipality levies property
taxes;
And Whereas the Municipal Property Assessment Corporation
(MPAC) was charged with the authority of assessing all properties
in Ontario;
And Whereas the City of Vaughan Council has received
correspondence and complaints from property owners concerning
the current value assessment system:
And Whereas property owners including seniors could find Current
Value Assessment (CVA) difficult as a result of annual
reassessment;
Now, therefore be it resolved that the Province of Ontario
immediately begin a process to review the issues relating to the
CV A system and property tax legislation which should include a
review of the following:
. The quality of the property valuation and service provided by
MPAC;
. An assessment of the impact on current value assessment of
subsequent legislation that introduced property tax mitigation
tools, such as capping and clawback, etc.;
· The frequency of property reassessment, which is currently
done on an annual basis; and
. The valuation date used in the reassessment of properties,
currently June of each year.
And that the Province as part of the review process consider:
· The elimination of the capping and clawback and other
mitigation tools;
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Council Minutes
COMMUNICATIONS
- 20-
May 10, 2004
. Decrease the frequency of property reassessment by MPAC to
every three years which will permit sufficient time for appeals,
inspections, will provide a longer stable valuation period and
reduce costs;
. The property valuation date used in the process of property
assessment should be changed from June 30 to January 1st of
each reassessment year thereby permitting sufficient time for
inspection, review and the timely provision of assessment data
to local municipalities; and
. A review of MPAC's staffing requirements and processes to
improve the quality of the assessment data and ensure a cost
effective assessment system.
And that MPAC continue to meet with all the stakeholders to better
understand the current issues so that a positive change can be
made to improve customer service and the CVA system.
And that the Province strengthen the Ministry of FinancelMPAC
Joint Committee that will be addressing MPAC service issues to
include municipal and municipal association representatives.
And that a copy of this resolution be forwarded to the Minister of
Municipal Affairs and Housing, John Gerretsen, the Minister of
Finance, Greg Sorbara, Chairman Peter Hume, MPAC Board of
Directors, local Members of Provincial Parliament and the
Association of Municipalities of Ontario (AMO), the Region of York
and municipalities in the Province of Ontario with a population over
50,000."
Resolution #C-254-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the resolution of the City of Vaughan be endorsed by the
Council of the Municipality of Clarington.
"CARRIED"
NOTICE OF MOTION
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Council Minutes
REPORTS
Report #1
G.PA Report
May 3, 2004
Report #2
Installation of a
Barrier at
Boundary Road
- 21 -
May 10, 2004
Resolution #C-255-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee
Report of May 3, 2004, be approved.
"CARRIED"
Resolution #C-256-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Report EGD-30-04 be received; and
THAT the request for the installation of a barrier at the westerly
terminus of Boundary Road in Burketon be referred back to Staff for
processing and the preparation of a further report following the
receipt of all outstanding comments; and
THAT all interested parties listed in Report EGD-30-04 and any
delegations be advised of Council's decision.
"CARRIED"
Report #4 Resolution #C-257-04
CL2004-19 Moved by Councillor Foster, seconded by Councillor MacArthur
Indoor Soccer &
Outdoor Lacrosse THAT Report COD-023-04 be received; and
THAT M.J. Dixon Construction Ltd., Mississauga, Ontario with a
total amended bid in the amount of $3,358,248.00, being the lowest
responsible bidder meeting all terms, conditions, and specifications
of Tender CL2004-019, be awarded the contract for the Indoor
Soccer Facility and Outdoor Lacrosse Bowl as required by the
Community Services Department;
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Council Minutes
REPORTS
- 22-
May 10, 2004
THAT the total funds required in the amount of $3,868,500.00
($3,358,248.00 tender + $194,000.00 Architectural Consulting
Services + $316,252.00 utility connections, equipmenVfurnishing,
project contingency) be drawn from accounts as follows:
-$3,350,00 from Clarington Indoor Soccer Facility Capital Account
#110-42-421-84226-7401 (to be debentured)
-$518,500 from Engineering Account #110-32-325-83252-7401
(Bowmanville Community Park Project);
THAT the Director of FinancelTreasurer be authorized to make
application to the Region of Durham for a debenture in the amount
of $3,350,000 plus debenture costs;
THAT Council express its intent to fund this project including
debenture repayments and financing to the extent allowable from
future development charges; and
THAT the By-law marked Schedule "A" and attached to Report
COD-023-04 authorizing the Mayor and the Clerk to execute the
necessary agreement be approved.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-258-04
Moved by Councillor Pingle, seconded by Councillor Trim
THAT the delegation of lain Alexander, Darlington Soccer Club, be
received and he be thanked for the initial fund raising efforts.
"CARRIED"
Resolution #C-259-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the delegations of Greg Sznajdruk and Clay Taylor be
received and referred to staff.
"CARRIED"
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Council Minutes
- 23-
May 10, 2004
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-260-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the delegation of Libby Racansky be received and referred to
the Director of Planning Services.
"CARRIED"
Resolution #C-261-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the delegation of Rick James regarding the Heritage District
Proposal be received and referred to the Director of Planning
Services.
"CARRIED"
Resolution #C-262-04
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegation of the Clarington Museums and Archives
Board regarding a Confidential Property Matter be referred to staff.
"CARRIED"
Resolution #C-263-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-116 to
2004-125 inclusive, and that the said by-laws be now read a first
and second time:
2004-116 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (289143 Ontario Limited)
2004-117 being a by-law to exempt a certain portion of Registered
Plan 40M-2178 from Part Lot Control (289143 Ontario
Limited)
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Council Minutes
BY-LAWS
- 24-
May 10, 2004
2004-118 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (Akers Auto Glass)
2004-119 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (1319164 Ontario Limited)
2004-120 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (Martin Road Holdings Limited)
2004-121 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-122 being a by-law to assume a certain street within the
Municipality of Clarington as a public highway in the
Municipality of Clarington
2004-123 being a by-law to establish, layout and dedicate certain
lands as public highways in the Municipality of Clarington
2004-124 being a by-law to assume a certain street within the
Municipality of Clarington as a public highway in the
Municipality of Clarington
2004-125 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and M.J. Dixon
Construction Ltd., Mississauga, Ontario, to enter into
agreement for the Indoor Soccer Facility and Outdoor
Lacrosse Bowl
"CARRIED"
Resolution #C-264-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-116 to 2004-125
inclusive, be approved.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 25 -
May 10, 2004
Resolution #C-265-04
Moved by Councillor Trim, seconded by Councillor Schell
WHEREAS the Council of the Municipality of Clarington recognizes
that the Great Canadian Town Band Festival is an important
cultural event in the Village of Orono;
AND WHEREAS this annual tourist attraction draws visitors to the
area for three days every year and this year it will be June 18, 19
and 20th;
AND WHEREAS the Great Canadian Town Band Festival has
asked if it would be possible for the Municipality to provide shuttle
bus services from downtown Bowmanville, the largest urban centre,
to the Village of Orono in order to facilitate greater participation of
our local residents in this event;
AND WHEREAS the Staff of the Engineering Services Department
has investigated the possibility;
AND WHEREAS the provision of this service may provide
Clarington Transit with an opportunity to increase its public profile
while at the same time serving the needs of our residents;
AND WHEREAS a shuttle bus service can be provided to the Great
Canadian Town Band Festival at a cost of approximately $550 total
for June 18th and 19th, using a private bus operator; and
NOW THEREFORE BE IT RESOLVED THAT Engineering
Services be given direction to make the necessary arrangements
for the Great Canadian Town Band Festival shuttle bus service and
to charge the cost of this service to the Transit Miscellaneous
Operating account 100-32-323-10435-7112.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 26-
May 10, 2004
Resolution #C-266-04
Moved by Councillor Trim, seconded by Councillor Schell
WHEREAS on March 22, 2004 Council adopted the following
resolution regarding the Port Granby Project:
"THAT Report PSD-020-04 be received;
THAT the Port Granby Project Community Advisory Committee
not be re-established, and the Low Level Radioactive Waste
Management Office be requested to consult with the broader
Clarington community and the South East Clarington
Ratepayers Association; and
THAT a copy of Report PSD-020-04 and Council's resolution be
forwarded to the Low Level Radioactive Waste Management
Office, Natural Resources Canada, and the members of the
former Port Granby Project Community Advisory Committee.";
WHEREAS to date three open meetings with the above ratepayer
members have been held with three more scheduled for the month
of May 2004;
WHEREAS it is critical that the South East Clarington Ratepayers
Association have a direct interaction with Council as a whole before
Council receives staff's report:
NOW THEREFORE BE IT RESOLVED THAT a one-half day
workshop be held in early September 2004 for such purpose and
that an independent facilitator be hired.
"CARRIED"
Mayor Mutton informed Council that on May 1st, 2004 the Toronto
Star reported that the top five road work projects in the GTA are
projects within the Durham Region. Of these five, two are projects
within the Municipality of Clarington.
Mayor Mutton stated pecuniary interests earlier in the meeting,
vacated the chair and refrained from voting on the confirming
by-law.
Councillor Schell chaired this portion of the meeting.
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Council Minutes
- 27-
May 10, 2004
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-267-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2004-126 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 10th day of May 2004, and
that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-268-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2004-126 be approved.
"CARRIED"
Mayor Mutton chaired this portion of the meeting.
Resolution #C-269-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting adjourn at 9:25 p.m.
"CARRIED"