HomeMy WebLinkAbout06/28/2004
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
June 28, 2004
Minutes of a regular meeting of Council held on
June 28, 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. Ping Ie
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 1 0:10p.m.)
Director of Community Services, J. Caruana (attended until 1 0: 10 p.m.)
Director of Planning Services, D. Crome (attended until 11 :28 p.m.)
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 10:10 p.m.)
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor (attended until 11 :28 p.m.)
Manager of Emergency Services, G. Weir
Administrative Assistant to the Clerk, C. Tennisco (attended until 1 0:10p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
Councillor Foster indicated that he would be disclosing a
pecuniary interest with respect to Report PSD-092-04 and
By-law #2004-183.
Resolution #C-327-04
Moved by Councillor Foster, seconded by Councillor Pingle
THAT the minutes of a regular meeting of Council held on
June 14, 2004, be approved.
"CARRIED"
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Council Minutes
PRESENTATIONS
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June 28, 2004
Mayor Mutton introduced and presented a certificate to Alex Booth,
the "Mayor for a Day". Alex is a grade 8 graduate and the "Athlete
of the Year" for Waverley Public School.
Mayor Mutton presented plaques for the "3rd Annual Awards of
Academic Excellence" to graduating students that have
demonstrated academic excellence and a commitment to
leadership and community service. It was Mayor Mutton's pleasure
to recognize the following students from the schools in the
Municipality of Clarington:
Waverley Public
Ontario Street Public
St. Joseph's Elementary
The Pines Senior Public
Bowmanville Senior Public
Courtice North Public
John M. James Public
S. T. Worden Public
Monseignor Leo Cleary Elementary
M. J. Hobbs Senor Public
Dr. Emily Stowe Public
Mother Teresa Elementary
St. Francis of Assissi Elementary
Lydia Trull Public
Dr. Ross Tilley Public
Good Shepherd Elementary
Dr. G. J. McGillvary Public
St. Stephen's Elementary
Kylah Thomson
Jamileh Shaffaf
Brittany Dusseldorp
Emily Martin
Jennifer Harding
Tyler Spicer
Michael Farrow
Nicholas Diachenko
Laura Stoner
Maxwell Jacobs
Jacquie Harvey
Justin MacLean
Lindsey Smith
Christopher Singh
Laura Watson
Leisa Kirkaldy
Leanne Fomenko
Michael Jordan.
The following Awards for Academic Excellence were presented to
these secondary school students:
Courtice Secondary
Bowmanville High
St. Stephen's Secondary
Matthew Wills
Gregory Beneteau
Nicole Penak.
There were three graduation ceremonies held last week and
plaques were presented to:
Durham Christian High
Clarke High
St. Elizabeth's Elementary
Meaghan Vreugdenhil
Meaghan McOustra
Sara Reis.
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DELEGATIONS
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June 28, 2004
Resolution #C-328-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the following individuals be added to the list of delegations:
I)
Brian Wood - Report CLD-024-04
Bruce Ellis, 7486 Thompson Road, Kendal, LOA 1 EO-
Commercial Kennel Zoning Amendments
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Christian Huggett, Walker, Not!, Dragicevic Assoc. Ltd., 172
George Street, Toronto, M5R 2M7 - Report PSD-091-04
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Glenn Genge, D.G. Biddle, 96 King Street East, Oshawa,
L 1 H 1 B6 - Report PSD-091-04
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Greg Milosh - Report PSD-088-04
"CARRIED"
Peter Smith, Planning Consultant, representing Roslyn Houser,
Goodman's Law Office, 250 Yonge St., Suite 2400, Toronto,
M5B 1 N9 addressed Council regarding Report PSD-088-04. He
represented West Diamond Properties Inc., W. Adalan
Development Corporation and Tonno Construction Limited, which
represent 85% of the holdings of the lands in the Brookhill
Neighbourhood Design Plan. Mr. Smith is concerned with the
amount of time and costs involved for the Watershed Study by the
consultant retained by the municipality and is proposing the
following:
to meet with municipal staff to suggest an alternate work plan
approach
would like to expand the boundary outside the current urban
area
to undertake a Neighbourhood Design Plan for the area south of
the future Longworth Avenue extension.
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DELEGATIONS
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June 28, 2004
In closing, Mr. Smith stated they agree with the direction of staff.
His approach is to cooperate with municipal staff to obtain the same
objectives as set out in the Official Plan. Their proposal is to direct
staff to proceed with Option 3 as set out in Report PSD-088-04
without further delay.
Linda Brown, 5207 Solina Road, North, Hampton, LOB 1 JO advised
Council she is not in support of the proposed Commercial Kennel
Zoning Amendments process being done so quickly and with little
paperwork. Ms. Brown, owner of a kennel in Clarington, stated she
is opposed to the fact that because of one concern a municipal
by-law is being amended. Change should be done for the
betterment of the community. Ms. Brown suggested Council use
the tools available by associations such as the Ontario Federal
Kennel Owners and Canadian Kennel Club to aid in regulating
kennels.
Susan McDonald, Camp Lots A Dogs, 7413 White Road, Kendal,
LOA 1 EO addressed Council regarding the Commercial Kennel
Zoning Amendments. Ms. McDonald stated that she is opposed to
the by-law amendment and feels she has been singled out by the
municipality; a "Not In My Backyard Syndrome". She stated to date
the municipality has yet to visit her property. Ms. McDonald stated
she has retained a lawyer in regard to the proposed by-law
amendment.
Resolution #C-329-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Council recess until order is returned.
"CARRIED"
The meeting reconvened at 7:48 p.m.
AI Storie, 68 Doreen Crescent, Bowmanville, L 1C 3W8 advised
Council of the book entitled "Little Wonder" about Alfred Shrubb -
World Champion Runner, a 36 year resident of Bowmanville, who
held numerous World Records between 1901 and 1904. The 2nd
Annual Alfie Shrubb run was held in June and plans are underway
for the 3rd annual run in June 2005.
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DELEGATIONS
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June 28, 2004
Wilson Little, St. Marys Cement, 410 Waverley Road, Bowmanville,
L 1 C 3K3 appeared before Council regarding St. Marys' application
to deepen their pit (Report PSD-090-04). Mr. Little stated studies
have been performed with respect to water qualitylquantity and
environmental benefits and infrastructure. St. Marys is
recommending that they work cooperatively with the municipality to
select the peer review consultant, develop terms of reference and
set the costs and time lines to complete the review. In closing, Mr.
Little stressed timing is an important issue due to the levels of the
reserves at St. Marys Cement.
Glenda Gies, President, Port Darlington Community Association,
311 Cove Road, Bowmanville, L 1 C 3K3 addressed Council with
respect to Report PSD-090-04 and the voluntary initiatives taken by
St. Marys Cement. Ms. Gies is requesting that St. Marys Cement
confer with Port Darlington Community Association through the
Board of Directors meetings. She stated the residents appreciate
the deepening of quarry will delay the quarrying of the east side
from 2010 to 2020 and will provide a 50 metre setback around the
Wests ide Marsh. Ms. Gies concerns are:
the level of ground water for the wells
stability of berms
design for sloped bench on interior of quarry; Port Darlington
Community Association supports Clarington's view;
residents' concern of the blasting area; St. Marys Cement has
set up off-site monitoring and Ms. Gies is requesting it continue
on the west side of Waverley Road, Bowmanville; and
permanent capacity; should the reserves be increased now, how
will the future demands be addressed.
Wayne Bell, Manager, Liquor Control Board of Ontario, 34 Beaver
Street North, Newcastle, L 1 B 1 H6 addressed Council regarding a
Refreshment Vehicle Licence being considered for property
adjacent to the liquor store. The location of the chip truck will be
between two parking lots; his concern is that the traffic flow creates
a busy parking lot, especially on weekends. A chip truck will be a
potential for disaster as many children are in the area. Also, the
and litter from discarded pop cans, etc. will attract seagulls and
racoons. Mr. Bell closed by stating he is not opposed to the chip
truck; location and safety are his concerns.
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DELEGATIONS
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June 28, 2004
Dan Strike, 38 King Street, West, Bowmanville, L 1 C 3K8 addressed
Council regarding timing constraints involved with the zoning
amendment application addressed in Report PSD-072-04. He feels
Clarington is in need of doctors and is hoping to work through
issues quickly to expediate the process.
Terry Price, 2895 Highway #2, Bowmanville, L 1 C 3K5 regarding
Report PSD-073-04 and Correspondence Item D - 4 was called but
was not present.
Eugene Dupuis, 1078 Bennett Road, Bowmanville, L 1 C 3K5
regarding Report PSD-073-04 advised Council prior to the meeting
that he would not be attending as a delegation.
Gerald Brown, Co Chair, Clarington Agricultural Advisory Committee,
addressed Council with respect to Correspondence Item D - 9 and
requested Council's support of the Committee's resolution to reduce
the increases resulting from the Regional Assessment. Mr. Brown
stated the following assessment increases from 1999 to 2003:
- average overall 38.7%
- housing 39.4%
- farms 73.8%.
Brian Wood, 59 Liberty Street, South, Bowmanville, L 1 C 2N6
regarding Report CLD-024-04 was called but was not present.
Bruce Ellis, 7486 Thompson Road, Kendal, LOA 1 EO addressed
Council with respect to the proposed Commercial Kennel Zoning
Amendments. He would like the following areas addressed:
environment - watershed;
noise resulting from the kennels;
amendment recognize the right of responsible existing kennels;
and
agriculturally zoned but taxed residential.
Christian Huggett, Walker, Nott, Dragicevic Assoc. Ltd., 172
George Street, Toronto, M5R 2M7 addressed Council representing
Angler York Industries regarding Report PSD-091-04. Mr.
Huggett's client has the following concerns:
premature decision; engineering report has not been provided
- first industrial application in the Official Plan; permission could
disrupt general industrial use in Clarington; and
potential loss could affect future development policy and reduce
the range of employment.
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DELEGATIONS
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June 28, 2004
Mr. Huggett is requesting a comprehensive plan to be under taken.
Glenn Genge, D.G. Biddle, 96 King Street East, Oshawa, L1H 1B6
offered his support of the recommendations contained in Report
PSD-091-04. Mr. Genge agrees it is a positive move for the
municipality to permit a light industrial building. He has reviewed
the staff report and urged Council to approve the recommendations
contained therein.
Greg Milosh, 357 Turf Court, Oshawa, L 1 J 7B2 a property owner
within the Brookhill Neighbourhood Design Plan addressed Council
with respect to Report PSD-088-04. He thanked Council and
municipal staff for their assistance and for supplying information
with no hesitation. Mr. Milosh is requesting that Council direct staff
to convene a meeting to consult with the landowners in the
Brookhill Neighbourhood Design Plan. Mr. Milsoh suggests the
cost of a report should be split between the developers and
landowners accordingly and the costs of the report should not
postpone the report. In conclusion, Mr. Milosh supports two of the
three recommendations outlined in Report PSD-088-04: defer until
appropriate funds can be secured to undertake the study and
further requests stakeholders come together regarding the finances
and consult with landowners.
Resolution #C-330-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 9:05 p.m.
Resolution #C-331-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information be
approved with the exception of Items I - 10, I - 18, I - 21, I - 23,
1-34, 1- 35 and I - 37.
"CARRIED"
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June 28, 2004
COMMUNICATIONS
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Karin Martens, President, Humane Society of Durham Region,
thanking Council for their generous grant of $500.00 to help the
many animals in need.
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Minutes of the Ganaraska Region Conservation Authority meeting
dated May 20, 2004.
Minutes of the Clarington Traffic Management Advisory Committee
meeting dated May 20, 2004.
Minutes of the St. Marys Cement Community Relations Committee
meeting dated June 1, 2004.
Minutes of the Local Architectural Conservation Advisory
Committee meeting dated May 18, 2004.
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated May 11, 2004.
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated June 8, 2004.
Minutes of the Greater Toronto Transit Authority Board meeting
dated May 14, 2004.
John O'Toole, MPP, Durham, submitting to Council a copy of
correspondence he received from The Honourable John Gerretsen,
Minister of Municipal Affairs and Housing, regarding Clarington's
interest in making the Regional Chair of the Regional Municipality
of Durham a position that is filled through direct election.
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Kawartha Pine Ridge District School Board announcing the "First
Rider Program". Parents and children will have an opportunity to
review safety rules for students who ride school buses regularly.
The following is a series of sessions to be held:
Saturday, August 21 , 2004:
- 10:00 a.m. - 2:00 p.m. Bowmanville, Zellers Malls, Highway 2 &
Clarington Blvd.
- 10:00 a.m. - 2:00 p.m. Cobourg, Northumberland Mall
- 9:00 a.m. -12:00 p.m. Campbellford, Hillcrest Elementary
School
Tuesday,August24,2004:
- 3:00 p.m. - 6:00 p.m. Cobourg, Northumberland Mall
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June 28, 2004
Saturday, August 28, 2004:
- 10:00 a.m. - 2:00 p.m. Bowmanville, Zellers Malls, Highway 2 &
Clarington Blvd.
- 10:00 a.m. - 2:00 p.m. Peterborough, Lansdowne Place Mall
- 9:00 a.m. -12:00 p.m. Trenton, Murray Centennial Public
School
Tuesday, August 31, 2004:
- 3:00 p.m. - 6:00 p.m. Peterborough, Edmison Heights PS.
Karen Campbell, President & CEO, Greater Toronto Marketing
Alliance, submitting the 2003 Annual Report reviewing the progress
and activities of their international investment attraction program
last year.
Michael Angemeer, President & CEO, Veridian Corporation,
submitting a copy of the 2003 Annual Report recognizing the many
achievements of Veridian. Financially, the company enjoyed its
best year ever.
Samuel Wilmot Nature Area Management Advisory Committee
providing the Spring 2004 Newsletter. Samuel Wilmot Nature Area
consists of 77 hectare made up of landscape types, from creek
valley and marsh, forest and old fields, to remnant orchards and
hedgerows.
The Honourable David Ramsay, Minister of Natural Resources,
advising Council that the government has uploaded responsibility
for bear management to the province and the Ministry of Natural
Resources has taken the lead role in coordinating the new "Bear
Wise Program" - a comprehensive step in nuisance bear
management strategy to improve public safety. Provincial funding
is available for community prevention and public awareness
programs.
The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing, advising of the launching of its pilot of the Ontario
Regional Area Municipal Portal - OnRAMP, an online information
service for Municipal Services Office clients at
www.mah.qov.on.calonramp-sw .
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June 28, 2004
The Honourable Greg Sorbara, Minister of Finance, updating
Council on the development of the Northern Prosperity Plan. The
initiatives outlined in the plan will assist in outside investment,
improving opportunities for entrepreneurs living in the North, and
supporting investment in the infrastructure of northern communities.
Federation of Canadian Municipalities urging Council to ask all
candidates for the upcoming Federal Election the following five
questions:
1. What is your party's position with respect to a New Deal
for Canada's cities and municipalities?
2. Will your party as a priority allocate five cents per litre of
the federal fuel excise tax to support urgently needed
investment in municipal infrastructure, primarily for
transportation and public transit, by the end of 2004?
3. Will your party enter into agreements with cities and
municipalities and the provinces and territories to create
financial sustainability that would include sharing
revenues that grow with the economy by the end of
2005?
4. How will your party involve cities and municipalities as
partners in federal and provincial policy, program and
budget deliberations on issues that affect them?
5. What other actions will your party take to strengthen the
competitiveness and quality of life of Canada's
communities?
The FCM website has a members' election toolkit, which includes a
template letter and news release.
Sandra Krane, City Clerk, City of Oshawa advising Council that at a
meeting held on June 7, 2004 the City passed the following
resolution regarding Phase /I Discussion Papers, Durham Regional
Official Plan Review:
"THAT correspondence dated April 27, 2004, from the
Municipality of Clarington regarding Clarington's comments
on the Region of Durham's Official Plan Review Phase /I
Discussion Papers be received for information and referred
to staff for consideration of the comments."
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June 28, 2004
John OToole, MPP, Durham, thanking Council for a copy of their
correspondence to Premier McGuinty regarding personal care in
boarding or lodging houses. The MPP has forwarded the letter on
to the Honourable George Smitherman, Minister of Health and
Long-Term Care.
The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing announcing the government is taking the next step to
sustain planned growth and build strong communities by
introducing legislation recognizing its agreement with the
Association of Municipalities of Ontario to consult on legislation and
regulations that affect municipalities. The bill would enshrine in
legislation the principle of meaningful and informed consultation
between the province and Ontario's municipal government.
Karen Monaghan, Communications, Lakeridge Health Oshawa,
informing Council of the official kick off for the construction of the
North Wing, the Central Utilities Plant and the R.S. McLaughlin
Durham Regional Cancer Centre which took place on June 18,
2004.
Danielle Martin, MD, President, Professional Association of
Interns and Residents of Ontario, providing Council with a copy of
the "Primary Importance: New Physicians and the Future of Family
Medicine". The recommendations include a variety of concrete
changes to recruit and retain brilliant young minds into primary care
medicine in Ontario.
Michael Scott, Executive Director, Oak Ridges Moraine Foundation
submitting to Council the 2003 Annual Report. The foundation has
completed its first full year of operation as an independent
organization to help protect the Moraine. In 2003 it provided almost
$1 million in funding support to preservation.
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16, 2004 Regional
Council passed the following resolution regarding the Nuclear
Waste Management Organization:
"a) THAT Report #2004-P-51 of the Commissioner of
Planning be endorsed as the Region's response to
the Nuclear Waste Management Organization on its
document entitled 'Asking the Right Questions? The
Future Management of Canada's Used Nuclear Fuel';
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COMMUNICATIONS
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June 28, 2004
b)
THAT the Nuclear Waste Management Organization
(NWMO):
i) give paramount consideration to the health and
safety of humans, societal well-being and. the
environment, now and in the future, in the
selection of the long-term management
approach for nuclear fuel waste;
ii) be advised that, given the long-term element of
risk associated with the radioactive and toxic
nature of nuclear waste, the long-term retention
of nuclear waste at existing reactor sites in
Durham is not an acceptable solution,
iii) focus on a long-term management approach for
nuclear waste that is in a location as far away
from populated areas and water supplies as
possible;
iv) broaden its scope in considering security
aspects in the development of long-term
management approaches for nuclear waste to
ensure public safety;
v) focus on long-term storage methods that allow
retrieval of the waste, as opposed to disposal
methods that do not allow for taking advantage
of future opportunities for the application of
emerging technologies;
vi) address the physical capacity of existing reactor
sites, in the event long-term storage of nuclear
waste at existing reactor sites is pursued;
vii) ensure that the public feels confident about the
dependability of the producerslowners of nuclear
fuel waste to guarantee and deliver a safe, long-
term management solution;
viii) ensure that the radiation hazard from nuclear
waste and resulting potential health risks are
communicated in terms that are clear,
understandable and relevant to the public, so
that the public can have an accurate
understanding of risk, and can make informed
comments on long-term management
approaches;
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COMMUNICATIONS
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June 28, 2004
ix) 'build-in' mechanisms for the continuous review
of the long-term management approach that is
ultimately selected, to allow consideration of
emerging technologies, and ensure that
knowledge is passed on from generation to
generation;
x) ensure that the residents of Durham, the
Region of Durham and area municipalities
continue to be consulted throughout this Study
and beyond, to allow for the identification of
emerging issues;
xi) acknowledge that financial considerations for
the impacts of the selected long-term
management approach, must be made to
address the unique challenges that will be
faced by nuclear host communities;
xii) ensure the availability of financial resources for
the long- term, by addressing matters such as
financial risk factors. As a starting point, to
keep pace with inflation, annually calculate the
payments that are to be made by the
producers of nuclear waste to the trust fund for
the long-term management of nuclear waste;
xii) ensure continued responsibility for financial
and legal liability is addressed, in the event that
responsibility for nuclear waste is transferred
from the NWMO to another agency;
xiv) provide peer review funding for a collective
approach to consulting services for
municipalities, to enable an independent
assessment of the NWMO's Study, which will
contain complex issues related to the long-term
management of nuclear waste; and
c) THAT a copy of Report #2004-P-51 of the Commissioner of
Planning be forwarded to the Nuclear Waste Management
Organization and the area municipalities."
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June 28, 2004
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16, 2004 Regional
Council passed the following resolution regarding the Oak Ridges
Moraine Conservation Plan:
"a) THAT the proposal by the conservation authorities
regarding implementation of the Oak Ridges Moraine
Conservation Plan be received;
b) THAT the existing Memorandum of Understanding
(MOU) between the Regional Municipality of Durham
and the 5 Durham area conservation authorities
continue as a guide for authority support to the
Region, on development review; and
c) THAT a copy of Report #2004-P-52 of the
Commissioner of Planning be forwarded to the 5
Durham area conservation authorities, the
Conservation Authorities Moraine Coalition and the
area municipalities."
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16, 2004 Regional
Council passed the following resolution regarding Monitoring of
Growth Trends:
"THAT Report #2004-P-56 of the Commissioner of Planning
be received for information; and
THAT a copy of Report #2004-P-56 of the Commissioner of
Planning be forwarded to the area municipalities, the Police
Service Board, the District Health Council and the school
boards in Durham."
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16,2004 Regional
Council passed the following resolution regarding Building Permit
Activity:
"THAT Report #2004-P-57 of the Commissioner of Planning
be received for information; and
THAT a copy of Report #2004-P-57 of the Commissioner of
Planning be forwarded to the local municipalities."
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June 28, 2004
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16, 2004 Regional
Council passed the following resolution regarding the York, Peel,
Durham, Toronto Groundwater Strategy Status Report:
"THAT Report #2004-J-16 of the Commissioner of Planning
and the Commissioner of Works be received for information;
and
THAT a copy of Report #2004-J-16 of the Commissioner of
Planning and the Commissioner of Works be forwarded to
the area municipalities and the conservation authorities."
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16, 2004 Regional
Council passed the following resolution regarding Revised Highway
407 East Completion Environmental Assessment:
"a) THAT the Provincial Government be requested to
expedite the completion of the Highway 407 East
Completion Environmental Assessment;
b) THAT Report #2004-J-17 of the Commissioner of
Planning and the Commissioner of Works be
endorsed as the Region's response to the Revised
Highway 407 East Completion - Draft Environmental
Assessment Terms of Reference; and
c) THAT a copy of Report #2004-J-17 of the
Commissioner of Planning and the Commissioner of
Works be forwarded to the Ministry of Transportation
and their consultant, the Ministry of the Environment,
the area municipalities, and the conservation
authorities."
Minutes of the Clarington Agricultural Advisory Committee meeting
dated April 8, 2004.
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June 28, 2004
Dr. Marie Bountrogianni, Minister of Citizenship and Immigration
inviting nominations for the Community Action Awards for 2004 to
honour individuals who have been instrumental in effecting positive
change for persons with disabilities in Ontario.
Resolution #C-332-04
Moved by Councillor Foster, seconded by Councillor Pingle
THAT Tim Hick, member of the Clarington Accessibility Advisory
Committee, be nominated for the Community Action Award for his
work on the Rick Hansen Wheels in Motion Campaign.
"CARRIED"
Office of the Fire Marshal, Public Fire Safety Council, advising
Council that George Vice from Newcastle was the recipient of the
Fire Safety Advocate Award in recognition of outstanding
contributions to fire protection and prevention in Ontario. Mr. Vice's
outstanding efforts ensure the residents of the Clarington area
benefit from the life-saving messages in the fire safety house.
Resolution #C-333-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT George Vice be congratulated on his Fire Safety Advocate
Award and his outstanding contributions to fire protection and
prevention.
"CARRIED"
Richard Stephenson, Chair, Assessment Review Board, advising
Council that March 31, 2004 was the statutory filing deadline for the
filing and receipt of property assessment complaints for the 2004
taxation year. To date, the Board has received 76,000 complaints
for the current year. A complaint streaming strategy for the new
case load , as well as the outstanding case load from previous years
has been implemented.
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June 28, 2004
Resolution #C-334-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1-21 be received for information.
"CARRIED"
Susan McGovern, Vice Present, Community Relations and
Communications, Ontario Strategic Infrastructure Financing
Authority, advising Council that they are now prepared to accept
applications for the 2004-05 Municipal Infrastructure Renewal Loan
Program. The Program's aim is to offer affordable infrastructure
financing for five key municipal priorities: clean water infrastructure,
sewage treatment facilities, waste management infrastructure,
municipal roads and bridges, and public transit. Applications are
available online at www.osifa.on.ca.
Resolution #C-335-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1- 23 be received for information.
"CARRIED"
Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
advising Council that at a meeting held on June 16, 2004 Regional
Council passed the following resolution regarding Oshawa Senior
Citizens Centres:
"THAT the resolution of the Oshawa Senior Citizens
Centres regarding designation and provincial funding of
Elderly Persons Centres, be endorsed; and
THAT the Premier of Ontario, Minister of Health and Long-
Term Care, Minister Responsible for Seniors, Durham's
M.P.P.'s, and municipalities and the Oshawa Senior Citizens
Centres, be so advised."
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June 28, 2004
Resolution #C-336-04
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the resolution of the Regional Municipality of Durham
regarding Oshawa Senior Citizens Centres be endorsed.
"CARRIED"
Minutes of the Clarington Agricultural Advisory Committee meeting
dated March 11, 2004.
Resolution #C-337-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 35 be received for information.
"CARRIED"
Minutes of the Clarington Agricultural Advisory Committee meeting
dated May 13, 2004.
Resolution #C-338-04
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item 1- 37 be received for information.
"CARRIED"
Correspondence Items D - 12 through D - 16 were distributed as
handouts.
Resolution #C-339-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Correspondence Items be approved as per the agenda,
including the handout items, with the exception of Items D - 2,
D-7, D-8,D-9andD-12.
"CARRIED"
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COMMUNICATIONS
D - 1
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D-3
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D-4
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June 28, 2004
Chantal Mailhot, Oshawa Cycling Club, requesting partial lane
closures and permission to use specific roads to host the "21st
Annual Scugog Circle Century Tour" on Sunday, August 22, 2004.
The event would not require full lane closure as cyclists ride a two-
abreast formation. The event is open to a maximum of 400
participants and runs from 7:00 a.m. - 5:00 p.m.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit from the Director of Engineering
Services)
Mary Tillcock, on behalf of the Steering Committee, The 2004 Terry
Fox Run, requesting approval to hold Clarington's Annual Terry Fox
Run on Sunday, September 19, 2004 from 8:00 a.m. - 2:00 p.m.
The event will commence at Memorial Park, Bowmanville. All funds
raised are turned over to the Terry Fox Foundation for cancer
research. Also, they are requesting the proclamation of the week of
September 12 - 19, 2004 as ''Terry Fox Week".
(Proclaimed and approved provided the
organizers apply for and obtain a Road
Occupancy Permit from the Engineering
Services Department)
Terry, Mark, and Phyllis Price, 2895 Highway #2, Bowmanville,
L 1 C 3K5, stating their concerns of the proposal of amendment to
the Zoning By-law of Part Lot 5, Concession 1, former Township of
Darlington. The property is adjacent to their farm land. The Price's
land is at a lower elevation and they are concerned about the runoff
with a road and parking lot; as the water will not be absorbed by the
ground.
(Correspondence referred to the
Director of Planning Services)
C. Rockford Varcoe, Class Act Dinner Theatre, expressing
concerns about a motion passed by Regional Council in 2003
which affects food outlets. He is concerned that food
establishments charged by the Health Department are published in
the press, but the nature of the charge is not. It negatively affects
small businesses in the area.
(Correspondence referred to the
Regional Municipality of Durham)
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COMMUNICATIONS
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D - 11
D -13
D - 14
D - 15
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June 28, 2004
Ruth Mundy, Child & Youth Worker, Bethesda House, requesting
the use of a Clarington bus and driver, twice a week, through July
and August. The bus will be used for day trips within Clarington for
a group of children that will be participating in a summer program at
Bethesda House.
(Correspondence referred to the
Director of Engineering Services)
Confidential Property Matter
(Correspondence referred to the end of
the agenda to be considered during a
"closed" session)
Confidential Personnel Matter
(Correspondence referred to the end of
the agenda to be considered during a
"closed" session)
Mark Peacock, Watershed Services Co-ordinator, requesting
comments on revisions to Ganaraska Region Conservation
Authority Planning and Regulations Fee Schedule.
(Motion to refer correspondence to the
Director of Planning Services)
Valentine Lovekin, Newcastle BIA, requesting permission to use
specific roads to host the "Fall Festival" on October 2, 2004. The
event route is Baldwin Street to Beaver Street onto King Street,
Emily Road to Wilmot Street and then to Mill Street.
(Motion to approve provided the
organizers apply for and obtain a Road
Occupancy Permit from the Director of
Engineering Services)
Richard Lowery, Kendal Orange Lodge, requesting permission to
host the following two Parades:
July 17, 2004 from 1 :00 p.m. - 2:00 p.m.; and
- August 14, 2004 from 1 :00 p.m. to 2:00 p.m.
(Motion to approve provided the
organizers apply for and obtain a Road
Occupancy Permit from the Director of
Engineering Services)
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Council Minutes
COMMUNICATIONS
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June 28, 2004
Roslyn Houser, Goodman Law Office, writing with respect to the
Brookhill Neighbourhood Design Plan, Bowmanville Urban Area. They
believe the municipality should be processing plans of subdivision for
lands in the Brookhill Neighbourhood within the framework for
Neighbourhood Design Plans set out in the approved Official Plan.
Their clients have provided staff with a comprehensive proposal for a
land owner funded neighbourhood design plan that provides for all the
elements required by Section 9.5.3 of the Official Plan. They are
asking that Council direct staff to work with their clients to finalize the
work plan based on the proposal submitted to staff so that the Brookhill
Neighbourhood Design Plan may proceed without further delay.
(Motion to advise of actions taken with respect to
Report PSD-088-04)
Marilyn Cole, Campaign Officer, Friends of Second Marsh
requesting permission to host a "Bike Rally" on Sunday, August 22,
2004 to raise funds towards the construction of the Great Lakes
Wetlands Centre. The event will run from 8:30 a.m. - 1 :30 p.m.
The cyclists will need to use Courtice Road between the Park north
to South Service Road and then east on South Service Road to the
Ontario Power Generation property.
Resolution #C-340-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Friends of Second Marsh "Bike Rally" be approved
provided the organizers apply for and obtain a Road Occupancy
Permit from the Director of Engineering Services.
"CARRIED"
Carolyn Downs, City Clerk, City of Kingston, advising Council that
at a meeting held on June 1, 2004 Council passed the following
resolution regarding Rent Bank and Rent Supplement Programs:
"WHEREAS Kingston City Council recently passed a motion
concerning adequate provincial funding for the Rent Bank
and Rent Supplement Programs, and,
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June 2S, 2004
WHEREAS it has been confirmed that the province will
provide 100% funding for these programs, as well as provide
an additional 1 0% to cover administrative costs, and,
WHEREAS staff has stated that the funding model proposed
by the province will adequately fund the delivery of these
programs;
THEREFORE BE IT RESOLVED THAT the City of Kingston
express its support for the Rent Bank and Rent Supplement
Programs and confirms its desire to participate in these
important initiatives;
-and further-
BE IT RESOLVED THAT a copy of this resolution be sent to
the Honourable John Gerretsen, MPP; the Clerk of the
Ontario Legislature for distribution to all MPPs; and to all
municipalities on our standard mailing list for their
information."
Resolution #C-341-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D -7 be received for information.
"CARRIED"
Barbara Kelly, Mayor, City of Kawartha Lakes, advising that Council
passed the following resolution regarding the 2002 Submission for
the Province's Municipal Performance Measurement Program:
"RESOLVED THAT Report FIN2004-24 2002 Municipal
Performance Measurement Program (MPMP), be received;
THAT the City write a letter under the signature of the Mayor
to the Minister of Municipal Affairs, strongly opposing this
waste of staff time and money;
THAT the City request that this program stop as soon as
possible; and
THAT all Municipalities be copied for support."
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Council Minutes
COMMUNICATIONS
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June 28, 2004
Resolution #C-342-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Correspondence Item D - 8 be received for information.
"CARRIED"
Tom Barrie, Chair, Clarington Agricultural Advisory Committee,
advising Council that at a meeting on June 10, 2004 the Committee
passed the following resolutions:
"WHEREAS for the first time in history, net farm income
levels are expected to hit negative levels;
AND WHEREAS farmers' net income in Ontario is down 44%
since 2002 and continuing challenges to the agriculture
sector have made the expectation of a profit impossible;
AND WHEREAS farmers in the Municipality of Clarington and
across Ontario are facing higher costs in order to comply with
safe water requirements and the Nutrient Management Act;
AND WHEREAS farmers in the Municipality of Clarington are
experiencing escalating assessments, on average 35% more
than all other assessments in the Region;
AND WHEREAS farmers also face higher input costs,
particularly for hydro, fuels, labour and transportation;
AND WHEREAS farms in the urban fringes are being unfairly
penalized;
AND WHEREAS the future of farmers in Clarington and
throughout Ontario has been devastated by fallout from BSE,
the loss of export markets for livestock and other food
products, as well as lower prices for farm commodities;
THEREFORE BE IT RESOLVED THAT: Clarington Council
request the Region of Durham to support farmers by passing
a by-law to apply a tax ratio of 0.15 instead of 0.25 for the
farm property class before April 30, 2005, as outlined under
the Assessment Act 2002.c.33.s.153. "
AND
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Council Minutes
COMMUNICATIONS
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June 28, 2004
"WHEREAS for the first time in history, net farm income
levels are expected to hit negative levels;
AND WHEREAS farmers' net income in Ontario is down 44%
since 2002 and continuing challenges to the agriculture
sector have made the expectation of a profit impossible;
AND WHEREAS farmers in the Municipality of Clarington and
across Ontario are facing higher costs in order to comply with
safe water requirements and the Nutrient Management Act;
AND WHEREAS farmers in the Municipality of Clarington are
experiencing escalating assessments, on average 35% more
than all other assessments in the Region;
AND WHEREAS farmers also face higher input costs,
particularly for hydro, fuels, labour and transportation;
AND WHEREAS farms in the urban fringes are being unfairly
penalized;
AND WHEREAS the future of farmers in Clarington and
throughout Ontario has been devastated by fallout from BSE,
the loss of export markets for livestock and other food
products, as well as lower prices for farm commodities;
THEREFORE BE IT RESOLVED THAT: Clarington Council
request the Province of Ontario to roll back farm property
assessments to June 2001, and keep assessments frozen
until the Municipal Property Assessment Corporation (MPAC)
develops clear processes and procedures for determining
agricultural assessments in the GTA that are aimed at
keeping agricultural land in production."
Resolution #C-343-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D - 9 be referred to the Finance
Department of the Regional Municipality of Durham.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D -12
C10.MO
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June 28, 2004
Pat Madill, Regional Clerk, Regional Municipality of Durham,
regarding the Region's smoking by-law.
Resolution #C-344-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the amendment to the Regional Municipality of Durham's
Smoking By-law be endorsed.
"CARRIED"
NOTICE OF MOTION
Resolution #C-345-04
Moved by Councillor Trim, seconded by Councillor Pingle
WHEREAS By-law 90-130 provides for site plan control within the
Municipality of Clarington and defines classes of development that
may be undertaken without the approval of certain plans and
drawings under Section 41 of the Planning Act;
WHEREAS By-law 2004-114 provides for the licensing of
refreshment vehicles and requires that certain plans and drawings
be provided by the applicant for review by Planning Services staff
for conformity to the Municipality's Zoning By-law;
WHEREAS the licensing of refreshment vehicles under the
Municipal Act addresses the review and approval process that the
Municipality would initiate through site plan control under the
Planning Act;
THEREFORE BE IT RESOLVED that the Municipality of
Clarington pass a by-law to exempt refreshment vehicles for site
plan control.
"MOTION DEFEATED ON THE
FOLLOWING RECORDED VOTE"
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Council Minutes
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June 28, 2004
NOTICE OF MOTION
REPORTS
Report #1
G.P.A. Report
June 21, 2004
Report #2
Naming of
New Facilities
Council Member Yes No Declaration of
Pecuniarv Interest
Councillor Foster -.J
Councillor MacArthur -.J
Councillor PinQle '>I
Councillor Robinson '>I
Councillor Schell -.J
Councillor Trim '>I
Mavor Mutton '>I
Resolution #C-346-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee
Report of June 21 , 2004, be approved.
"CARRIED"
Resolution #C-347-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CLD-23-04 be received; and
THAT the name of the new hockey museum be "Clarington's
Brian McFarlane Hockey Museum";
THAT the new soccerllacrosse bowl be named "Bowmanville
Indoor SoccerlLacrosse Bowl"; and
THAT the Community Services Department, June Siebarth, James
Coyle and Willie Woo be advised of Council's decision.
"CARRIED LATER IN THE MEETING
(SEE FOLLOWING MOTION)
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Council Minutes
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June 28, 2004
REPORTS
Resolution #C-348-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the foregoing Resolution C#346-04 be amended by deleting
the word "Clarington" from the proposed name of the new hockey
museum.
"MOTION DEFEATED"
The foregoing Resolution #C-347-04 was then put to a vote and
CARRIED.
Report #3 Resolution #C-349-04
Order to Moved by Councillor Foster, seconded by Councillor Schell
Restrain - Wood
THAT Report CLD-24-04 be received; and
THAT the Order to Restrain served on Brian Wood be upheld.
"CARRIED"
Report #4 Resolution #C-350-04
Clarington Older Moved by Councillor MacArthur, seconded by Councillor Foster
Adults and
Clarington Beech THAT Report FND-016-04 be received; and
Centre Funding
THAT the Clarington Older Adults Association be provided a grant
of $22,000 and the Clarington Beech Centre be provided a grant
totalling $8,000 from the Older Adults Centre Operating Reserve
Fund.
"CARRIED"
Report #5
Resolution #C-351-04
Planning Act
Reform
Moved by Councillor Foster, seconded by Councillor Pingle
THAT Report PSD-087-04 be received for information.
"CARRIED"
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Council Minutes
REPORTS
Report #6
Expropriation
Part of Lot 31
Concession 1
Report #7
Declaration
And Sale of
Surplus Property
Part of Lot 31
Concession 1
- 28-
June 28, 2004
Resolution #C-352-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-085-04 be received;
THAT Council as the approval authority under subsection 5(1) of
the Expropriations Act pass a by-law to approve the proposed
expropriation for the purposes of a community park of the lands
more particularly described as the portion of Part Lot 31,
Concession 1, former Township of Clarke, now in the Municipality
of Clarington, Regional Municipality of Durham, which land is more
particularly described in Instrument No. N163487 registered in the
Land Registry Office for the Land Titles Division of Durham (No. 40)
save and except Part 1 shown on Plan 40R-20274, and save and
except Part 2 shown on the draft plan of survey contained in
Attachment 1 to Report PSD-085-04, and to authorize the Mayor
and Clerk to execute a Certificate of Approval of the expropriation;
THAT Council pass a by-law to expropriate the land for the
purposes of a community park pursuant to the Municipal Act, 2001;
and
THAT Council pass a by-law to authorize the Mayor and Clerk on
behalf of the Municipality to execute an expropriation plan of the
land and cause the plan to be registered in the proper land registry
office pursuant to subsection 9(1) of the Expropriations Act.
"CARRIED"
Resolution #C-353-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-086-04 be received;
THAT a by-law be passed to declare five separate portions of
Block 77 on Plan 10M-784, as shown on Attachment 2 to Report
PSD-086-04, to be surplus property of the Municipality;
THAT a by-law be passed to authorize the Mayor and the Clerk, on
behalf of the Municipality, to execute the agreements for the sale of
the five portions identified on Attachment 2 to Report PSD-086-04;
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Council Minutes
REPORTS
Report #8
South Courtice
Business Park
Study
Report #9
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June 28, 2004
THAT the proceeds from the sale of the surplus property be
deposited into the Municipal Acquisition of Real Property Reserve
Account; and
THAT staff and the Municipal solicitor be authorized to take all
necessary actions to complete the transactions.
"CARRIED"
Resolution #C-354-04
Moved by Councillor Foster, seconded by Councillor Pingle
THAT Report PSD-089-04 be received;
THAT the Purchasing By-law be waived;
THAT Urban Strategies Ltd., together with Gartner Lee Ltd., The
Delphi Group and Totten Sims Hubicki Ltd. be retained to
undertake the South Courtice Business Park Study for a total
project fee of $115,000;
THAT the funds for the Municipality's share be drawn as follows:
from the Planning Consulting Account 100-50-130-00000-7160 and
from the Professional Fees Reserve Account 100-00-100-00000-
2926 or, if necessary, from an appropriate source as determined by
the Director of Finance/Treasurer; and
THAT the Mayor and Clerk be authorized to execute a contract for
professional services.
"CARRIED"
Resolution #C-355-04
Canadian Moved by Councillor Trim, seconded by Councillor Schell
Waste Services Inc.
2nd Agreement THAT Report COD-043-04 be received;
THAT the 2nd lease amending agreement with Canadian Waste
Services Inc. be approved; and
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Council Minutes
REPORTS
Reports #10
and #11
Report #12
Application
St. Marys Cement
To Deepen the
Bowmanville
Quarry
- 30-
June 28, 2004
THAT the by-law marked Schedule "A" to Report COD-043-04
authorizing the Mayor and the Clerk to execute the necessary
agreement be approved.
"CARRIED"
Resolution #C-356-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Confidentail Report PSD-092-04 and Confidential Report
PSD-093-04 regarding property matters be referred to the end of
the agenda to be considered during a "closed" session of Council.
"CARRIED"
Resolution #C-357-04
Moved by Councillor Robinson, seconded by Councillor Ping Ie
THAT Report PSD-090-04 be received;
THAT St. Marys Cement be requested to fund a peer review
consultant with terms of reference, costs and timelines mutually
agreeable, to assist the Municipality in the review of the
Hydrogeological Assessment and Supplemental Recommendations
on Slope Design prepared by Golder Associates for St. Marys
Cement's application to amend their site plan to deepen the
Bowmanville Quarry;
THAT the results of the peer review be presented to the St. Marys
Cement Community Relations Committee;
THAT the peer review and staff comments be forwarded to the
Ministry of Natural Resources upon completion of the peer review
and submitted to Council for endorsement at the earliest possible
opportunity after summer recess; and
THAT the Ministry of Natural Resources, Ministry of Environment,
Region of Durham, Central Lake Ontario Conservation, Darlington
Nuclear, Hydro One, MHBC Planning, St. Marys Cement (Canada)
Inc. and the St. Marys Cement Community Relations Committee be
advised of Council's decision.
"CARRIED"
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Council Minutes
REPORTS
Report #13
Brookhill
Neighbourhood
Design Plan
Report #14
Rezoning
Application to
Permit Light
Industrial Use
Report #15
- 31 -
June 28, 2004
Resolution #C-358-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-088-04 be received;
THAT the Brookhill Secondary Plan be deferred until 2005 or until
appropriate funds can be secured to undertake the study;
THAT the Director of Planning Services convene a meeting with the
interested land owners in the near future; and
THAT all interested parties listed in Report PSD-088-04 and any
delegation be advised of Council's decision.
"CARRIED"
Resolution #C-359-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report PSD-091-04 be received;
THAT the rezoning applications submitted by 1524103 Ontario Ltd,
to permit a light industrial development be approved in part;
THAT the zoning by-law amendment, as contained in Attachment
No.2 to Report PSD-091-04 be approved and that staff forward a
By-law to Council for the removal of the Holding (H) at such time as
the requirements of Section 23.4.3 of the Clarington Official Plan
have been complied with and site plan approval in principle has
been granted; and
THAT all interested parties listed in Report PSD-091-04 and any
delegations be advised of Council's decision.
"CARRIED"
Report PSD-094-04 - Application for Bowmanville Medical Centre
was withdrawn from the agenda.
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Council Minutes
REPORTS
Report #16
Waterfront
Property
Report #17
Confidential
Legal Report
- 32 -
June 28, 2004
Resolution #C-360-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report OPD-003-04 be received;
THAT funds for the purchase of a used gate system/central meter
device be charged to Parking Lot Reserve Fund Account Number
501-00-000-00000-7401; and
THAT the daily fee of $5.00 be charged to non-residents for the
2004 season at the Bowmanville Boat Launch.
"CARRIED"
Resolution #C-361-04
Moved by Councillor Schell, seconded by Councillor Ping Ie
THAT the Confidential Verbal Report of the Solicitor be referred to
the end of the agenda to be considered during a "closed" session of
Council.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-362-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT AI Storie be thanked for his presentation regarding Alfred
Shrubb - 'World Champion Runner".
"CARRIED"
Resolution #C-363-04
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT the reading of the By-laws be considered following the
"closed" session of Council.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 33 -
June 28, 2004
Resolution #C-364-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Ms. Laura Tyler be appointed to the Regional Waterfront
Coordinating Committee.
"CARRIED"
Resolution #C-365-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Councillor Schell be appointed as the Council representative
on the Regional Waterfront Coordinating Committee.
"CARRIED"
Regional Update Councillor Trim advised Council that he attended the Public
Information Session regarding the Biosolids Master Plan Study held
on June 23, 2004 at the Rickard Recreation Complex. Also, he
attended the EMS and Whitby Police Complex opening which he
stated is a very spectacular office.
Councillor Robinson invited Council to the 2nd Annual
Canada Day Celebrations to be held on July 1, 2004 at the
Kendal Community Centre; the fireworks display will begin at dusk.
Also, July 24, 2004 is "Kendal Day" involving various activities and
a pork barbecue. Councillor Robinson stated that the canteen at
the Newcastle Arena is being relocated to the main level. At
Newcastle Hall, a fund raising dance will be held on October 30,
2004 with proceeds going towards the washrooms in the front of
the hall. The Orono Fair will be held on September 9, 10, 11, 12,
2003 and Concerts in the Park will commence in July, 2004 until
September 1, 2004. Councillor Robinson thanked the board
members for their hard work at revamping the gardens at Orono
Hall and Peter Windolf in a job well done in regards to the
Rutherford Trail Entrance.
Boards and
Committees
Councillor Schell congratulated staff on the Srd Annual Supplier
Information Night. Over 70 suppliers participated in the information
session.
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Council Minutes
OTHER BUSINESS
Boards and
Committees
- 34-
June 28, 2004
Councillor Trim will be attending the 90th celebration of the
Horiticultural Society and the Clarke High School graduation
ceremony.
Resolution #C-366-04
Moved by Councillor Robinson, seconded by Councillor Pingle
WHEREAS the Council of the Municipality of Clarington recognizes
that the Durham Central Agricultural Exhibition has existed in the
Village of Orono for over 152 years;
AND WHEREAS this very important annual tourist attraction draws
thousands of visitors to the area for four days every year and this
year it will be September 9, 10, 11 and 12th, 2004;
AND WHEREAS the Durham Central Agricultural Fair Board 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 an hourly shuttle bus service can be provided to
the Orono Fair at a cost of approximately $1 ,000 total for
September 10, 11, and 12th, 2004, using a private bus operator;
NOW THEREFORE BE IT RESOLVED THAT Engineering
Services be given direction to make the necessary arrangements
for the Orono Fair 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
- 35 -
June 28, 2004
Resolution #C-367-04
Moved by Councillor Pingle, seconded by Councillor Robinson
WHEREAS Council authorized the execution of an agreement
dated the 26 day of September, 2003 between Ontario Power
Generation Inc., the Municipal Property Assessment Corporation,
and the Corporation of the Municipality of Clarington regarding the
settlement of outstanding property assessment appeals from
April 1 , 1999 through to December 31, 2002;
WHEREAS the aforementioned agreement requires regulations
under the Assessment Act to be made in order to effect the
agreement;
WHEREAS the proposed draft regulations required review and
acceptance by the Province;
WHEREAS the agreement has a sunset clause dated
June 30, 2004;
NOW THEREFORE BE IT RESOLVED that the Mayor and Clerk
be authorized to execute an amending agreement in a form
satisfactory to the Municipal Treasurer to extend the sunset clause
on the agreement to a mutually acceptable date in order to allow for
the required regulations to be signed by the Minister of Finance.
"CARRIED"
Resolution #C-368-04
Moved by Councillor Foster, seconded by Councillor Pingle
WHEREAS the Municipality, from time to time, receives requests
from the private sector to borrow equipment, or to acquire
specialized services;
WHEREAS the Municipality considers such requests as an
opportunity to assist our local businesses; and
WHEREAS it is advisable to introduce a policy in order to deal with
this type of request on a consistent basis and to protect the interest
of the Municipality;
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Council Minutes
OTHER BUSINESS
- 36-
June 28, 2004
NOW THEREFORE, the Council of the Municipality of Clarington
resolves:
i) THAT upon request from any local private business, the
Municipality will provide equipment andlor services subject to
availability on a 100% cost recovery basis provided the services
or equipment cannot be obtained elsewhere within the
Municipality and provided that the Company making such a
request will provide proof of insurance for an amount that is
satisfactory to the Director of Finance/Treasurer that names the
Municipality as an additional insured and sign an agreement to
hold the Municipality harmless from any and all claims, costs or
damages arising from using the Municipality's equipment or
service.
"CARRIED"
Resolution #C-369-04
Moved by Councillor Schell, seconded by Councillor Trim
WHEREAS students Julia McGill and Jayne Thompson recently
wrote to the Mayor's Office regarding Global Warming and its effect
on the environment;
WHEREAS they have suggested that Clarington hold a "Find
Another Way Day" where the community finds alternative ways to
get to work and school to reduce emissions;
WHEREAS the Mayor's office has confirmed that this concept has
worked well in Regina and a number of other Canadian cities:
NOW THEREFORE BE IT RESOLVED THAT Clarington endorse
the excellent idea of declaring a "Find Another Way Day";
THAT this be referred to staff for coordination with the School
Boards to designate an appropriate day;
THAT Clarington Transit provide free service for "Find Another Way
Day" to encourage transit use; and
THAT this resolution be copied to MPP, John O'Toole.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 37-
June 28, 2004
Resolution #C-370-04
Moved by Councillor Trim, seconded by Councillor Foster
WHEREAS the Municipal Property Assessment Corporation
(MPAC) was established by the Municipal Property Assessment
Corporation Act;
WHEREAS MPAC commenced operations on December 31, 1998
when the Government of Ontario transferred responsibility for
property assessment to the Corporation;
WHEREAS MPAC's function is to administer a uniform, province-
wide system based on current value assessment;
WHEREAS part of MPAC's responsibility is to provide an annual
assessment roll for use by Municipalities in calculating property
taxes;
WHEREAS since the establishment of MPAC many taxpayers
within Clarington have been shocked at the assessment figures
received and are naturally most upset;
WHEREAS the system does permit an appeal process whereby a
landowner must appeal by March 31st of a taxation year;
WHEREAS the Assessment Review Board has no time line when
answering or dealing with appeals;
WHEREAS to date in 2004 there have been 76,000 complaints
from land owners, plus the backlog from previous years, to be
addressed in Ontario;
WHEREAS senior staff have worked diligently to assist municipal
property owners and have suffered the frustrations of the residents;
THEREFORE BE IT RESOLVED THAT the Council of the
Municipality of Clarington on behalf of its property owners make
known to the MPAC Board of Directors and the Provincial
Government its concerns and the lack of trust in the level of service
provided. We do support the recent changes to the provincial
budget to help alleviate the above concerns.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 38-
June 28, 2004
Resolution #C-371-04
Moved by Councillor Trim, seconded by Councillor Pingle
THAT the Municipal Clerk provide a written report prior to
August 31 , 2004 to Council regarding the Provincial policy
governing the livestock compensation process;
THAT the report is to include the approved compensation standard
policy plus the dollar value allowed per animal for each year
covering 1995 through to the end of 2003, in addition a list by year
of the claims submitted, money paid for each claim and the number
of claims rejected each year.
"CARRIED"
Resolution #C-372-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Council recess for five minutes and convene in "closed"
session to discuss legal, property and personnel issues.
"CARRIED"
The meeting reconvened in "closed" session at 10:15 p.m.
Confidential Reports PSD-093-04 and PSD-094-04 regarding property
matters were distributed during the "closed" session.
Resolution #C-373-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken during the "closed" session, save and
accept the actions related to Confidential Reports PSD-093-04,
PSD-095-04 and PSD-096-04 be approved.
"CARRIED"
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Council Minutes
- 39-
June 28, 2004
REPORTS
Report #11 Resolution #C-374-04
Confidential Moved by Councillor Schell, seconded by Councillor Foster
Property Matter
THAT the recommendations contained in Confidential Report
PSD-093-04 be approved.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
PecuniarY Interest
Councillor Foster ~
Councillor MacArthur .,j
Councillor Pinole .,j
Councillor Robinson .,j
Councillor Schell .,j
Councillor Trim './
. Mavor Mutton './
Resolution #C-375-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the recommendations contained in Confidential Report
PSD-095-04 be approved.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniarv Interest
Councillor Foster
Councillor MacArthur ,
Councillor Pinale './
Councillor Robinson './
Councillor Schell ~
Councillor Trim .,j
Mavor Mutton .,j
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Council Minutes
REPORTS
- 40-
June 28, 2004
Resolution #C-376-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the recommendations contained in Confidential Report
PSD-096-04 be approved.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster "
Councillor MacArthur v
Councillor PinQle "
Councillor Robinson "
Councillor Schell "
Councillor Trim "
Mayor Mutton "
Resolution #C-377-04
Moved by Councillor Shell, seconded by Councillor Trim
THAT the Clarington Board of Trade be given a grant of $10,000
for economic development projects and that such funds be drawn
from the Industrial Economic Development Reserve Account
#502-00-000-00000-7400.
"CARRIED"
Resolution #C-378-04
Moved by Councillor Shell, seconded by Councillor Trim
THAT the Purchasing By-law be waived;
THAT Urban Strategies Inc. and Totten Sims Hubicki Ltd. be
retained to undertake a planning and servicing study for industrial
lands for an estimated fee of $120,0000;
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Council Minutes
REPORTS
BY-LAWS
- 41-
June 28, 2004
THAT funding be drawn as follows: $88,680.00 from the
Development Charges Reserve - General Government (Account
#529-00-000-00000-7400) and $31,320.00 from the Industrial
Economic Development Reserve Account (Account #502-00-000-
00000-7400); and
THAT the Mayor and Clerk be authorized to execute a contract for
professional services.
"CARRIED"
By-law 2004-180 as listed on the Summary of By-laws was
withdrawn from the agenda and replaced with a new By-law
2004-180 which implements the recommendations contained in
Item 17 of Report #1. By-laws 2004-185, 2004-186 and 2004-187
were received as handouts.
Councillor Foster stated a pecuniary interest with respect to By-law
2004-183, vacated his chair and refrained from voting on the
subject matter. Councillor Foster indicated that he is a member of
the Faith United Congregation.
Resolution #C-379-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT leave be granted to introduce By-laws 2004-157 to
2004-187 inclusive, and that the said by-laws be now read a first
and second time:
2004-157 being a by-law to authorize entering into an Agreement with
the Owners of Plan Subdivision 18T-87085 and any
Mortgagee who has an interest in the said lands, and the
Corporation of the Municipality of Clarington in respect of
18T-87085
2004-158 being a by-law to appoint individuals as Parking
Enforcement Officers for Private Property
2004-159 being a by-law to appoint individuals as Parking
Enforcement Officers for Private Property
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Council Minutes
BY-LAWS
- 42-
June 28, 2004
2004-160 being a by-law to appoint individuals as Parking
Enforcement Officers for Private Property
2004-161 being a by-law to appoint individuals as Parking
Enforcement Officers for Private Property
2004-162 being a by-law to appoint individuals as Parking
Enforcement Officers for Private Property
2004-163 being a by-law to authorize the execution of an Agreement
between Rogers Cable Communications Inc. and the
Corporation of the Municipality of Clarington
2004-164 being a by-law to authorize the execution of a Boundary
Road Agreement with the Corporation of the Township of
Scugog
2004-165 being a by-law to authorize the execution of a Boundary
Road Agreement with the Corporation of the City of Oshawa
2004-166 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (Gold Mutt/Mutt Enterprises Limited)
2004-167 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington
2004-168 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (The Waltzing Weasel)
2004-169 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (Waste Management of Canada Corporation)
2004-170 being a by-law to provide for the establishment and
adoption of an Emergency Management Program for the
Municipality of Clarington
2004-171 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Dynex
Construction Ltd., Concord, Ontario, to enter into
agreement for the Bowmanville Creek Erosion Protection,
Live Crib Wall Construction
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Council Minutes
BY-LAWS
- 43-
June 28, 2004
2004-172 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and I.D.G.
Illumination Design Group, Newmarket, Ontario, to enter
into agreement for the Supply only of Decorative
Streetlights and Bollards, Bowmanville
2004-173 being a by-law to approve the expropriation of the portion of
Part Lot 31, Concession 1, former Township of Clarke, now
in the Municipality of Clarington, Regional Municipality of
Durham, which land is more particularly described in
Instrument No. N163487 registered in the Land Registry
Office for the Land Titles Division of Durham (No. 40) save
and except Part 1 shown on Plan 40R-20274, and save and
except Part 2 shown on the draft plan of survey contained in
Schedule 1 hereto on behalf of the Council of the
Municipality of Clarington as the approving authority under
the Expropriations act, and to authorize the Mayor and
Clerk to execute a Certificate of Approval under the
aforesaid Act
2004-174 being a by-law to approve the expropriation of the portion of
Part Lot 31, Concession 1, former Township of Clarke, now
in the Municipality of Clarington, Regional Municipality of
Durham, which land is more particularly described in
Instrument No. N163487 registered in the Land Registry
Office for the Land Titles Division of Durham (No. 40) save
and except Part 1 shown on Plan 40R-20274, and save and
except Part 2 shown on the draft plan of survey contained in
Schedule 1 hereto, for the purposes of a community park
pursuant to the Municipal Act, 2001, S.O. 2001
2004-175 being a by-law to authorize the Mayor and Clerk on behalf
of the Municipality of Clarington to execute an expropriation
plan of the portion of Part Lot 31, Concession 1, former
Township of Clarke, now in the Municipality of Clarington,
Regional Municipality of Durham, which land is more
particularly described in Instrument No. N163487 registered
in the Land Registry Office for the Land Titles Division of
Durham (No. 40) save and except Part 1 shown on Plan
40R-20274, and save and except Part 2 shown on the draft
plan of survey contained in Schedule 1 hereto in
accordance with Section 9 of the Expropriation Act
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Council Minutes
BY-LAWS
- 44-
June 28, 2004
2004-176 being a by-law to declare the lands more particularly
described as five portions of Block 77, 10M-784, Part
Lot 15, Concession 1, former Township of Darlington, to be
surplus
2004-177 being a by-law to authorize the sale and transfer to the
abutting properties owners of 94, 96, 98, 100, and 102
Penfound Drive five separate portions of Block 77 on
10M-784, Part Lot 15, Concession 1, former Township of
Darlington
2004-178 being a by-law to adopt Amendment No. 33 to the
Clarington Official Plan
2004-179 being a by-law to adopt Amendment No. 34 to the
Clarington Official Plan
2004-180 being a by-law to authorize the execution of a Front-Ending
Agreement between Orchard Park Estates (Bowmanville)
Inc. and the Municipality of Clarington
2004-181 being a by-law to authorize a second lease amending
agreement between the Corporation of the Municipality of
Clarington and Waste Management of Canada Corporation,
the successor of Canadian Waste Services Inc.
2004-182 being a by-law to authorize the purchase agreement
between the Corporation of the Municipality of Clarington
and Muriel Elizabeth Holroyd, in respect to the purchase of
120 Baseline Road, Parts 1 to 8, and Part 15 on Plan
1 OR-814 minus Part 1 on Plan 10R-2073, Part Lot 11,
Concession 1, former Town of Bowmanville
2004-183 being a by-law to authorize the Amending Agreement to
amend the Agreement of Purchase and Sale 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
Church of Canada, in respect to acquisition of 2001
Courtice Road, Part Lot 28, Concession 2, former Township
of Darlington, Municipality of Clarington
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Council Minutes
BY-LAWS
- 45-
June 28, 2004
2004-184 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington (1524103 Ontario Ltd.)
2004-185 being a by-law to authorize the execution of a Contract
with Gartner Lee Ltd., The Delphi Group and Totten
Sims Hubicki Ltd.
2004-186 being a by-law to authorize an application to be made
to Council as the approving authority under the
Expropriations Act, R.S.O. 1990, c.E.26 for the
approval of the expropriation of all interests in the lands
described as 50 East Beach Road, Bowmanville, for the
purposes of a district park
2004-187 being a by-law to authorize an application to be made
to Council as the approving authority under the
Expropriations Act, R.S.O. 1990, c.E.26 for the
approval of the expropriation of all interests in the lands
described as 46 East Beach Road, Bowmanville, for the
purposes of a district park
"CARRIED"
Resolution #C-380-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the third and final reading of By-laws 2004-157 to 2004-187
inclusive, be approved.
"CARRIED"
Councillor Foster stated a pecuniary interest earlier in the meeting,
vacated his chair and refrained from voting on the confirming
by-law.
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Council Minutes
- 46-
June 28, 2004
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-381-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT leave be granted to introduce By-law 2004-188 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 28th day of June 2004,
and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-382-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the third and final reading of By-law 2004-188 be approved.
"CARRIED"
Resolution #C-383-04
Moved by Councillor Robinson, seconded by Councillor Ping Ie
THAT the meeting adjourn at 11 :52 p.m.
"CARRIED"
Cf.~.../
MAYOR c: -