HomeMy WebLinkAbout09/13/2004 MUNICIPALITY OF CLARINGTON
Council Minutes September 13, 2004
Minutes of a regular meeting of Council held on
September 13, 2004, at 7:00 p.m., in the Council Chambers
PRAYER Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 9:15 p.m.)
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome (attended until 9:15 p.m.)
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 9:15 p.m.)
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Acting Chief of Emergency & Fire Services, G. Weir (attended until 9:15 p.m.)
Administrative Assistant to the Clerk, C. Tennisco (attended until 9:15 p.m.)
Deputy Clerk, M. Knight Stanley
DISCLOSURES OF PECUNIARY INTEREST
Councillor Pingle indicated the she would be disclosing a
pecuniary interest with respect to Report PSD-108-04.
MINUTES
Resolution #C-398-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on
June 28, 2004, the minutes of a special meeting of Council held on
July 21, 2004 and the minutes of a special meeting of Council held
on September 7, 2004, be approved.
"CARRIED"
c•
Council Minutes - 2 - September 13, 2004
• DEVELOPMENT CHARGES HEARING
Dominic Vetere, Secretary Treasurer, Dom's Auto Parts Company
Limited,1604 Baseline Road West, Courtice, UE 255, appeared
before Council with a concern regarding his development charges.
Mr. Vetere stated that the calculations of the development charges
have been incorrectly applied to his property at 1604 Baseline
Road West, Courtice. Mr. Vetere feels that the application of this
fee is in error for the following reasons:
- development charges have been imposed with respect to
the reconstruction of a building that was previously
demolished and he has not received credit towards the
charges payable for the gross floor area of the structure
replaced;
- confirmation has been received from the Regional
Municipality of Durham and the school board that the
developmental charges are not payable with respect to
this phase of redevelopment as a structure;
- structure is a bunkhouse for the accommodation of
seasonal migrant workers;
• - definition of the town's "development" includes
"redevelopment"; and
- the by-law states, " the development of an industrial
building, the development of the industrial portion(s) of a
mixed use building, or the development of an existing
industrial building by the enlargement of the gross floor
area thereof, are exempt from development charges
imposed by the by-law".
Mr. Vetere is requesting the costs be waived as the structure is
exempt based.
L
Council Minutes - 3 - September 13, 2004
PRESENTATIONS
Mayor Mutton presented plaques for the "3`d Annual Awards of
Awards of Excellence for Fighting Crime to the following individuals
recognizing their outstanding contributions to community safety and
crime prevention:
- Staff Sergeant Bruce Townley
- Detective Sergeant Kimberly Bulloch.
John O'Toole, MPP, Durham, Kevin McApline - Chief of Police, and
Bill Temple - Inspector were in attendance for the presentation.
DELEGATIONS
a) Kevin Roberts, 4491 Highway #2; Newtonville, L1 B 1 L9
regarding Campfires on Residential Properties — Burning
By-law was called but was not present.
b) Josip Tomina, 2943 Solina Road, North, Bowmanville,
L1 C 3K4 addressed Council with respect to the Zoning
By-law. Mr. Tomina stated his address is 2943 Solina Road,
t North and the property his concerns are regarding is
2987 Solina Road North, Bowmanville, as follows:
- operating a commercial business with approximately 20
employees, workshop, and the property is zoned
agricultural;
- noise resulting from the crushing of stone commencing at
6:00 a.m. and going through until 8:00 p.m.; and
- grading of the neighbour's property has been altered and
is affecting Mr. Tomina's property by the planting of
spruce trees 10 feet from his property.
Mr. Tomina is asking Council to address the above issues by
closing the commercial business or having the zoning
changed. He states his concerns were submitted to
Clarington prior to Bill 27 coming into affect.
C) Marcia Tomina, 2943 Solina Road, North, Bowmanville,
L1 C 3K4 reiterated Josip Tomina's concern. She stated that
they are unable to enjoy their property due to the noise
resulting from a commercial business being run at
2987 Solina Road North, Bowmanville.
•
Council Minutes - 4- September 13, 2004
DELEGATIONS
d) Robert Stevens, 33 Stevens Road, Bowmanville, L1 C 4R7
addressed Council in regards to Rezoning Application
ZBA 2004-027 and COPA 2004-003. Mr. Stevens is
concerned with statements made in the Clarington
newspaper stating the project is located on environmentally
sensitive land. Mr. Stevens states the application should be
permitted for the following reasons:
- the land is 30 — 50 feet above creek level;
- no concerns of erosion; and
- 77 unit development will fit into the existing development
in the area.
Mr. Stevens is requesting Council to endorse the application
so he and his wife may continue to reside in Bowmanville.
e) John Bergeron, 2611 Maple Grove Road, Bowmanville,
L1 C 3K4 requesting Council to help provide High Speed
Internet into the urban areas of Clarington. Mr. Bergeron
has been in contact with Rogers Cable and Bell Canada to
try to alleviate this situation, but to no avail. Mr. Bergeron
• has exhausted his options with Rogers and Bell Canada and
is looking for the support of Council.
f) Marg Logeman, 7104 Liberty Street North, Bowmanville,
L1 C 3K6 addressing Report CLD-26-04 — Order to Restrain
in for an incident which occurred on June 16th, 2004. Kevin
Logeman spoke on behalf of Marg Logeman. Mr. Logeman
stated they are disappointed that the Order to Restrain is
being appealed because the comfort of the dog which
attacked their daughter seems to take priority over the safety
of their child. He requested that the Order to Restrain be
upheld for the following reasons:
- the Doberman is an aggressive dog -this is the second
time; the Doberman has been involved in an incident with
a child; and
- the leashed dog lunged at their daughter leaving a large
bruise created by the dog's teeth and a fear of dogs
In closing, Mr. & Mrs. Logeman are requesting Council to
uphold the Order to Restrain.
Council Minutes - 5 - September 13, 2004
DELEGATIONS
g) Jeff Lockwood, 45 Venton Court, Bowmanville, L1C 5E9
addressed Council regarding the recommendations in
Report CLD-26-04. Mr. Lockwood is not contesting the
Order to Restrain, but requesting that they not be required to
cage or fence their dog due to the following:
his yard is not fenced;
the Doberman, their dog, is only a puppy (13 months
old);
the Doberman is always on a leash and is micro-chipped;
the first incident occurred on the day they moved into
their home and their son's friends were playing in the
bedroom wrestling with the dog and the dog jumped on
the boy named Spencer
this second incident occurred, following Mrs. Lockwood
having their dog at the park watching a soccer game —
the dog, being a puppy, was in a playful mood upon
returning home; the dog did not attack the Logeman's
daughter, he was trying to get her ball and pulling at her
pants.
Mr. Lockwood informed Council his dog attends daycare for
animals three days a week (Canine Good Neighbors) and
frequents their office. He stated the incident was unfortunate
and the animal acted this way because it is a puppy. Mr.
Lockwood concluded that he believes with this training and
maturity, this dog will not be a threat to the residents.
h) Eugene Skripkariuk, 122 Edward Street East, Newcastle,
L1 B 1 M4 stated his support of Report CLD-25-04 — Order to
Restrain. His concerns of the incident which occurred on
May 14, 2004 are as follows:
- the Dalmatian was leashed and proceeded to attack their
dog;
- owner's son was injuried by their own dog trying to stop
the attack;
- Mr. Skripkariuk's Springer Spaniel did not attack
Mr. Berezowski's dog or son;
- Their Springer Spaniel has taken 2 months to heal and
the costs incurred were over $1 ,200.00;
i
Council Minutes - 6 - September 13, 2004
DELEGATIONS
- Mr. Berezowski did not show any concern, refuses to
acknowledge the occurrence, and has taken no interest
in resolving this matter.
Mr. Sripkariuk and his family requested that the Order to
Restrain be upheld for the safety of the community.
i) Darren Berezowski, 32 Emily Street East, Newcastle,
L1 B 1 H3 is opposed the Report CLD-25-04 — Appealed the
Order to Restrain on his Dalmatians on the following
grounds:
- his Dalmatians were leashed at the time of the incident;
- Mr. Skripkariuk's Springer Spaniel was not leashed and
chased his Dalmatian when his son and himself were
rollerblading down the street; and
- Mr. Berezowski stated he was unaware the Springer
Spaniel was hurt during the unfortunate incident until
advised differently by Animal Services when he went to
purchase his dog tag.
Mr. Berezowski insists that Mr. Skripkariuk's dog should
have been leashed and the incident would not have
occurred.
Resolution #C-399-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Scott Greenfield be added to the list of delegations.
"CARRIED"
j) Scott Greenfield, 118 Edward Street, East, Newcastle,
L1 B 1 M4 stated to Council what he had witnessed the
incident of Mr. Skripkariuk and Mr. Berezowski's dogs as
noted below:
- clarified that both himself and Mr. Skripkariuk have small
pieces of property that adjoin neighbours land;
- the incident which occurred was very unfortunate;
•
Council Minutes - 7 - September 13, 2004
DELEGATIONS
- he stated he was gathering the garbage in his house and
opened the door and noticed Mr. Berezowski's son with
his hands on the Dalmatian's mouth to free the Springer
Spaniel (Mr. Skripkariuk's dog); and
- when the dog was released, Mr. Skripkariuk came
running over and Mr. Berezowski continued rollerblading
down the street.
Mr. Greenfield stated he had not seen Mr. Berezowski's son
bite by their own dog but heard the mumbling when he
released his dog's mouth from Mr. Skripkariuk's dog.
Resolution #C-400-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 8:30 p.m.
COMMUNICATIONS
Resolution #C-401-04
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, 1 - 10, 1 - 11 , 1 - 15,
1 - 21, 1 - 26, 1 - 32, 1 - 36, 1 - 46, 1 - 49, 1 - 50, and 1 - 52 .
"CARRIED"
1 - 2 Katerina Alexopoulos, Summer Program Co-ordinator, Firehouse
M02.GE Youth Centre, thanking the Municipality of Clarington for the
donation of Toronto Blue Jays Tickets.
1 - 3 Minutes of the Ganaraska Region Conservation Authority meeting
AO1 .GA dated June 17, 2004.
Council Minutes - s - September 13, 2004
COMMUNICATIONS
1 - 4 Minutes of the Ganaraska Region Conservation Authority meeting
A01.GA dated July 15, 2004.
1 - 5 Minutes of the Clarington Traffic Management Advisory Committee
C06.CL meeting dated June 17, 2004.
1 - 6 Minutes of the Clarington Traffic Management Advisory Committee
C06.CL meeting dated July 15, 2004.
1 - 7 Minutes of the Central Lake Ontario Conservation Authority
C06.CE meeting dated June 15, 2004.
1 - 8 Minutes of the Central Lake Ontario Conservation Authority
C06.CE meeting dated July 20, 2004.
1 - 9 Minutes of the Durham Nuclear Health Committee meeting dated
C06.DU June 18, 2004.
1 - 12 Minutes of the Kawartha Conservation Authority meeting dated
C06.KA June 23, 2004.
1 - 13 Minutes of the Greater Toronto Transit Authority meeting dated
T03.G0 June 11, 2004.
1 - 14 Minutes of the Greater Toronto Transit Authority meeting dated
T03.G0 July 9, 2004.
1 - 16 Ontario Power Generation Nuclear Report Card, Darlington
E06.GE providing Council with the Second Quarter Report 2004.
1 - 17 Ontario Power Generation forwarding the 'Darlington Neighbours' —
E06.GE Summer 2004 brochure with news from Darlington Nuclear.
1 - 18 Cheryl MacLeod, Executive Director, Hospice Durham, forwarding
S08.GE the 2003 — 2004 Annual Report.
1 - 19 Richard F. Stephenson, Chair, Assessment Review Board,
F21.GE submitting to Council the 2000 — 2002 and 2002 — 2003 Annual
Reports of the Assessment Review Board. Due to timing issues,
related to change in government, there was a delay in releasing this
report into the public milieu.
i
Council Minutes - 9- September 13, 2004
COMMUNICATIONS
1 - 20 Mayor John Gray, City of Oshawa, providing a copy of the City of
D02.GE Oshawa's Annual Report to Citizens.
1 - 22 John O'Toole, MPP, Durham, thanking Council for a copy of their
E05.GE correspondence regarding global warming and the declaration of
"Find Another Way Day" and commending students Julia McGill
and Jayne Thompson for bringing forth this idea.
1 - 23 Federation of Canadian Municipalities congratulating Paul Martin
C07.GE on his success in the June 28, 2004 election and looking forward to
working with his government and all parliamentarians to implement
the New Deal for Canada's cities and municipalities. All candidates
contributed to the democratic process. The concerted efforts of
municipal leaders across the country to make municipal issues part
of the campaign reinforced the strong nation consensus that
municipal governments need a share of the federal fuel tax, new
sources of revenue that grow with the economy, infrastructure,
affordable housing, and a role in the decision that affect
communities.
1 - 24 Holly MacLean, President and Bev LeMay, Clinical Director,
S08.GE S.M.A.R.T. Inc., informing Council that the services offered to
abused women through the program are a duplication of services
already offered through Northern Lights and META and will not be
available in the region as of August 31, 2004. All women with
barriers to employment will access a generalized service delivery
model for Needs Identification/Case Management. Following this
process, dependent upon the income source/status, women will be
referred to either Northern Lights Bridges Program or the services
offered by META. These programs are not gender specific
therefore are not integrating a model cognizant of woman abuse
response/protocol.
1 - 25 Rick Cox, Chairperson, Durham Land Stewardship Council,
E05.GE submitting the 2003 Durham Land Stewardship Council Annual
Report. The 2003 activities set the stage for a period of growth for
Durham Land Stewardship Council and they look forward to
extending the scope and impact of land stewardship actions in the
Region.
•
' Council Minutes - io- September 13, 2004
COMMUNICATIONS
1 - 27 Neil Rodgers, President, Urban Development Institute/Ontario,
D02.GR forwarding a report entitled "Ensuring Balance: Provincial Land Use
Planning Initiative and Economic Growth in Central Ontario".
Though supportive of the proposed greenbelt, UDI encourages the
government to ensure that the growth management strategy, by the
Honourable David Caplan, Minister of Public Infrastructure
Renewal, lead the process.
1 - 28 Kim Coates, Clerk, Township of Scugog, advising that at a meeting
C10.MO held on June 28, 2004 their Council passed the following resolution
regarding the Regional Smoke-Free By-Law 66-2002:
"THAT this Council consent to Regional By-law 39-2004,
being a By-law to amend the Regional Smoke-Free By-law
66-2002."
1 - 29 Will Akkermans, General Manager, Central Region, Enbridge Gas
E06.GE Distribution, advising that the Ontario Energy Board approved a
commodity price-related adjustment to natural gas prices and
forwarding information regarding price adjustment, backgrounder
on Enbridge Gas Distribution's natural gas prices, and natural gas
markets.
1 - 30 Minutes of the Clarington Accessibility Advisory Committee meeting
C06.CL dated July 8, 2004.
1 - 31 Minutes of the Clarington Animal Advisory Committee meeting
C06.AN dated June 9, 2004.
1 - 33 Patti Munce, Minister's Office, Municipal Affairs and Housing,
E05.GR advising that the 13-member Greenbelt Task Force was
established in February 2004 to oversee stakeholder and public
consultations and makes recommendations on the scope, content
and implementation of a permanent greenbelt in the Golden
Horseshoe region. The members of the Task Force are as follows:
- Rob Maclssac, Chair - Michael Bunce
- Jim Gaught - Mary Lou Garr
- Natalie Helferty - Carol Hochu
- Fraser Nelson - Rod Northey
- Russ Powell - Deborah Schulte
• - David J. Stewart - Alan C. Veale
Donald J. P. Ziraldo.
Council Minutes tt September 13, 2004
COMMUNICATIONS
1 - 34 Steven Finlay, Executive Director, The Oshawa/Clarington
S08.GE Association for Community Living submitting a copy of the
Community Living Oshawa/Clarington's "2003/2004" Annual
Report. The Association will continue to assist people in achieving
their goals and aspirations.
1 - 35 Minister John Gerretsen, Ministry of Municipal Affairs and Housing
E05.GR stating the Greenbelt Task Force submitted their recommendations
to the Ontario government which will be instrumental in crafting the
government's plan for permanent greenbelt protection in the
Golden Horseshoe.
1 - 37 David Sterrett, President, The Ontario Aggregate Resources
E05.GE Corporation submitting the 2003 Annual Reports of the Aggregate
Resources Corporation. The report outlines a detailed account of
the Corporation's financial affairs for 2003, as well as various
rehabilitation and research initiatives undertaken as part of the
Trust purposes.
1 - 38 John O'Toole, MPP, Durham, advising Council of his
F21.GE correspondence to The Honourable John Gerretsen, Minister of
Municipal Affairs and Housing, in response to the Municipality of
Clarington's resolution regarding their support of the City of
Vaughan's position on the Municipal Property Assessment
Corporation and Current Value Assessment Process. Mr. O'Toole
states we need to revisit, but not eliminate the new assessment
system.
1 - 39 John O'Toole, MPP, Durham, supplying Council with a copy of
F21.GE correspondence from The Honourable John Gerretsen, Minister of
Municipal Affairs and Housing, in response to the Municipality of
Clarington's resolution regarding Municipal Property Assessment
Corporation and Current Value Assessment Process. The Minister
has forwarded the resolution to The Honourable Greg Sorbara,
Minister of Finance for his consideration.
1 - 40 Liz Dowdeswell, President, Nuclear Waste Management
D02.GE Organization, providing a copy of correspondence to the Canadian
Association of Nuclear Host Communities regarding peer review
funding to assist the municipalities in their review and commentary
on the NWMO work and work products. NWMO anticipate the
• release of their next discussion document/technical papers late this
summer.
' Council Minutes - iz- September 13, 2004
COMMUNICATIONS
1 - 41 The Honourable Dwight Duncan, Minister of Energy, writing to the
D02.GE Canadian Association of Nuclear Host Communities regarding
nuclear energy and assures Council of the important role they play
in Ontario's electricity supply mix. Nevertheless, any discussions
concerning change to our nuclear fleet would have to involve
careful consideration of a wide range of operating, financial and
environmental issues. There is a need to refurbish, rebuild, replace
or conserve 25,000 megawatts of generating capacity by 2020.
1 - 42 Glenn Sutton, Chair, Canadian Association of Nuclear Host
D02.GE Communities, forwarding a letter from The Honourable Dwight
Duncan, Minister of Energy regarding the Canadian Association of
Nuclear Host Communities' resolution regarding nuclear Alerting
practices. Nuclear safety is a top priority for the government and
Ontario's nuclear operators. An important part of Ontario's safety
and security planning is the provincial Emergency Response Plan
and the Provincial Nuclear Emergency Response Plan developed
and maintained by the Ministry of Community Safety and
Correctional Services.
1 - 43 The Honourable Chris Bentley, Ministry of Labour advising they will
H02.GE hold public consultations on how to end mandatory retirement for
employees 65 and over to give Ontario workers the right to choose
when to retire based on their lifestyles. Public consultations will be
held on:
- September 8, 2004 - Toronto September 10, 2004 -
Hamilton
- September 15, 2004 - Kingston - September 21, 2004 -
Thunder Bay
- September 22, 2004 - Sudbury - September 23, 2004 -
Ottawa
- September 28, 2004 - London September 29, 2004 -
Windsor
- September 30, 2004 - Toronto.
1 - 44 Judith Andrew, Vice President, Ontario Canadian Federation of
D02.GE Independent Business providing Council with a copy of a recent
study "The Real Deal on Municipalities" based on small/medium
size enterprises and the need to change the funding of municipal
governments and the nature of their relationship with other orders
of government.
• Council Minutes - 13 - September 13, 2004
COMMUNICATIONS
1 - 45 J.R. Powell, Chief Administrative Officer, Central Lake Ontario
C06.CE Conservation, submitting the 2002 —2003 report on the Durham
Region Coastal Wetlands-Baseline Conditions and Study Findings.
1 - 47 Wayne Arthurs, Parliamentary Assistant, Management Board of
A04.GE Cabinet, inviting Council and Staff to attend the annual conference
"Showcase Ontario" to be held September 13-15, 2004 at the Metro
Toronto Convention Centre. Registration and further information is
available on the website www.showcaseontario.com.
1 - 48 The Honourable John Gerretsen, Minister of Municipal Affairs and
F09.GE Housing, forwarding the new publication, "Making Choices: A Guide
to Service Delivery Review for Municipal Councillors and Senior
Staff' to aid in improving the efficiency and effectiveness of the
services they deliver and find better ways to manage expenditures.
This document may be downloaded at the ministry's website at
www.mah.gov.on.ca.
1 - 51 Association of Municipalities of Ontario, advising of their support of
TO8.GE the expansion of red light cameras throughout Ontario. The
government is showing confidence in Ontario municipalities, by
giving them the tools needed to serve and protect their citizens.
1 - 53 Carl Isenburg, President & Chief Administrative Officer, Municipal
F22.GE Property Assessment Corporation, writing in response to
municipalities resolutions regarding Ontario's current value
assessment system and the Municipal Property Assessment
Corporation's service. The following concerns are under review:
- Public relations;
- Products and services delivery;
- Supplementary assessments;
- Severances and consolidations;
- Property transfers;
- Ontario property assessment system database;
- Municipal Enumeration; and
- Staffing.
Council Minutes - 14 - September 13, 2004
• COMMUNICATIONS
1 - 54 The Honourable John Gerretsen, Minister of Municipal Affairs and
E05.GR Housing forwarding a copy of the final recommendations of the
Greenbelt Task Force to the Ontario government on achieving
permanent greenbelt protection in the Golden Horseshoe.
1 - 55 Janet Georgieff, Executive Director, The Community Foundation of
M02.GE Durham Region, submitting the 2003 Annual Report for "The
Community Foundation of Durham Region". The Foundation will
experience a milestone, as it celebrates its 10th anniversary and is
building a legacy for the citizens of Durham Region.
1 - 56 Ernie Roberts, on behalf of seniors and low income residents,
F22.GE stating his concern of his tax increase in the amount of $240.00.
1 - 57 Karen Monaghan, Communications, Lakeridge Health, advising of
S08.GE plans for the future, as outlined in the "Lakeridge Health Strategic
Plan". The plan is both ambitious and necessary. It prepares them
for the significant healthcare challenges that lie ahead and renews
their commitment to provide high quality, compassionate hospital
services Durham residents need now and in the future.
1 - 58 Karen Monaghan, Communications, Lakeridge Health, announcing
S08.GE the 12 community members of the Lakeridge Health — North
Durham Community Council as follows:
- Roberta Coulson, Sunderland - Barbara Dobie, Sunderland
- Gary Edgar, Port Perry - Bill Eulf, Port Perry
- Kent Farndale, Port Perry - Rodd Foster, Greenbank
- David P. Frew, Nestleton - C. Edward Griffen, Port Perry
- Howard Hall, Port Perry - Colin L. Kemp, Nestleton
- Ian J. MacKinnon, Port Perry - Malcolm J. Reeve, Port Perry.
1 - 59 John O'Toole, MPP, Durham, advising Council of his
F21 .GE correspondence to The Honourable Greg Sorbara, Minister of
Finance, in response to the Municipality of Clarington's resolution
regarding payment for railway rights of way and is requesting an
update on railway right of way revenue and taxation from the
Minister.
• Council Minutes - 15 - September 13, 2004
COMMUNICATIONS
1 - 60 The Honourable Leona Dombrowsky, Minister of Environment,
E05.GE advising that an advisory panel has been formed to recommend
ways of improving the province's environmental assessment
process as part of their commitment to create clean and livable
communities. The panel will look at approaches to improving the
environmental assessment process for waste management
facilities, transit and transportation projects, and clean energy
facilities.
I - 1 Fred & Sandy Archibald, on behalf of Archibald Orchards & Estate
M02.GE Winery Ltd. and Big Brothers/Sisters of Clarington, thanking
Council for their support of the 5th Annual Fruit Wine & Food
Festival.
Resolution #C-402-04
Moved by Councillor Trim, seconded by Schell
THAT Correspondence Item I — 1 be received for information.
"CARRIED"
1 - 10 Minutes of the Clarington Museums and Archives Board meeting
1 - 11 dated June 9, 2004 and June 22, 2004.
C06.CL
Resolution #C-403-04
Moved by Councillor Trim, seconded by Schell
THAT Correspondence Items I — 10 and I — 11 be referred to the
end of the agenda to be considered at a "closed" meeting.
"CARRIED"
Council Minutes - 16- September 13, 2004
COMMUNICATIONS
1 - 15 Minutes of the Samuel Wilmot Nature Area Management Advisory
C06.SA Committee meeting dated August 10, 2004.
Resolution #C-404-04
Moved by Councillor Trim, seconded by Schell
THAT Correspondence Item I — 15 be received for information.
"CARRIED"
1 - 21 Patty A. Finch, Manager of Charitable Giving, PETsMART
F11 .GE Charities, advising that PETsMART Charities of Canada Grant
Committee is offering the Clarington Animal Shelter a $10,000.00
grant and considers the shelter to be an important partner in mutual
efforts to end euthanasia and provide all pets with a lifelong, loving
home.
Resolution #C-405-04
• Moved by Councillor Trim, seconded by Schell
THAT Correspondence Item I — 21 be received for information.
"CARRIED"
1 - 26 Spencer Hutchison, Director of Planning Services, Municipality of
C10.MO Port Hope advising that the following resolution regarding the
Official Plan Amendment No. 9, parts of Lots 31, 32, 33, 34 & 35,
Concession 1 and 2, Marydale Park Road/Stacey Road/Webster
Road was passed on June 21, 2004:
"WHEREAS a Public Meeting was held Monday, June 21,
2004 to consider an Official Plan Amendment (OPA 9) to the
Ward 2 Official Plan for Part of Lots 31 through 34 in
Concession 1 and part of Lots 32 and 33 in Concession 2,
known as the Tucker Creek Application, File No. 2.D.16;
• Council Minutes - 17 - September 13, 2004
COMMUNICATIONS
WHEREAS the applicant is seeking approval of an Official
Plan Amendment to permit a lifestyle community consisting
of a golf course, 350 grade related units, a hotel or inn
limited to a maximum of 100 guest rooms, as well as limited
retail and service commercial uses to serve the residents
and golf course development;
AND WHEREAS Council have reviewed the Planning Report
from Sorensen Gravely Lowes, dated June 21, 2004 and
concur with the recommendation of the Planning and
Development Committee to support Option 2 of the report;
NOW THEREFORE BE IT RESOLVED THAT the proposed
Official Plan Amendment Nine (OPA 9) to the Ward 2 be
denied as Council for the Municipality of Port Hope is not
supportive of this development proposal."
Resolution #C-406-04
Moved by Councillor Trim, seconded by Schell
• THAT Correspondence Item I — 26 be received for information.
"CARRIED"
1 - 32 Minutes of the Clarington Agricultural Advisory Committee meeting
C06.CL dated June 10, 2004.
Resolution #C-407-04
Moved by Councillor Trim, seconded by Schell
THAT Correspondence Item I — 32 be received for information.
"CARRIED"
' Council Minutes - is - September 13, 2004
COMMUNICATIONS
1 - 36 Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
C10.MO advising that at a meeting held on July 7, 2004 their Council passed
the following resolution regarding the Request to the Province to
Amend the Development Charges Act, 1997 (2004-F-57):
"THAT the Provincial Minister of Municipal Affairs and
Housing be requested to undertake the following:
a) Amend the Development Charges Act, 1997 to allow:
i) municipalities to adopt service levels that have been
experienced at any point in the prior 10 years and
not the average level of service as required under
the current Act;
ii) the removal of the statutory 10% deduction required
in the Development Charges rate calculation for
Emergency Medical Services and Homes for the
Aged, consistent with the methodology as allowed
for Fire and Police services;
iii) the imposition of development charges for hospitals
that would not require proportional cost sharing from
municipal property taxes, but would provide funding
for growth-related capital projects;
iv) municipalities to impose development charges for all
municipal services (eg. waste management services
and administration facilities) and the growth-related
capital requirements of Conservation Authorities;
and
v) municipalities to recover the cost of oversizing
municipal infrastructure;
b) Involve the municipal sector in these and any subsequent
amendments to the Development Charges Act; and
c) THAT a copy of this resolution be forwarded to the
Premier of Ontario, Durham Region MPPs, the Minister of
Municipal Affairs and Housing, the Minister of Finance,
AMO and the area municipalities within Durham Region."
•
Council Minutes - 19- September 13, 2004
• COMMUNICATIONS
Resolution #C-408-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Regional Municipality of Durham
regarding the request to the Province to Amend the Development
Charges Act, 1997 be endorsed by the Council of the Municipality
of Clarington.
"CARRIED"
1 - 46 Des Steel, Chairman, Reunion Committee, Royal Canadian Naval
M04.GE Association, commending the Municipality of Clarington's arena
staff, with special mention of Mark Sutherland and his staff, for their
very special help in contributing to the success of the 50th Annual
Reunion held in May, 2004. All, without exception, were truly
magnificent and he extends their most sincere gratitude for a job
well done.
• Resolution #C-409-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Mark Sutherland, Facilities Supervisor, and the arena staff of
the Municipality of Clarington be congratulated on a job well done in
the preparations for the Royal Canadian Naval reunion.
"CARRIED"
1 - 49 Pat M. Madill, Regional Clerk, Regional Municipality of Durham,
C10.M0 advising that at a meeting held on July 7, 2004 their Council passed
the following resolution regarding a Policy for the Reimbursement
of Employees and Councillors for Legal Expenses incurred in
Responding to and Defending Statutory Prosecutions (2004-F-59):
"a) THAT the Region of Durham adopt a Legal Expense
Indemnity Policy that provides for the reimbursement of
legal expenses incurred or fines assessed by/to a
Regional Employee or Councillor in defending
themselves from a statutory prosecution, provided that
the Employee/Councillor acted in good faith, and within
• the scope of their responsibilities;
• Council Minutes - 20- September 13, 2004
COMMUNICATIONS
b) THAT the Legal Expense Indemnity Policy be restricted to
expenses incurred or fines payable pursuant to statutory
prosecutions as that term is defined herein, or
professional disciplinary proceedings by a body that
regulates, under statutory authority individuals who
provide professional services to the Region, and not apply
to proceedings under the Criminal Code or Highway
Traffic Act, Civil Litigation proceedings, or Conflict of
Interest proceedings;
c) THAT employees whose conduct is being investigated by
a regulatory agency, or a body that regulates, under
statutory authority the activities of individuals who provide
professional services to the Region, or who have been
charged with a Statutory offence related to their work
duties be entitled to be reimbursed up to a maximum of
$3,000 for the purpose of seeking independent legal
advice in connection therewith; and
• d) THAT a copy of Report #2004-F-59 be forwarded to the
eight area municipalities for their information."
Resolution #C-410-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I —49 be received for information; and
THAT the Director of Finance/Treasurer bring information forward
in memo form.
"CARRIED"
1 - 50 The Honourable Harinder Takhar, Minister of Transportation,
T08.GE advising Council that Bill 149, the Red Light Cameras Pilot Projects
Extension Act, 2002 was amended on August 1, 2004 to allow
permanent use of red light cameras by designated municipalities.
The results of the safety evaluation have demonstrated the red light
cameras show a significant safety benefit and a tool municipalities
can use to address local road safety issues. Municipalities
•
Council Minutes - 21 - September 13, 2004
• COMMUNICATIONS
participating in the red light camera program will sign operational
agreements with the province, which include signage at red light
camera intersections, municipally-led public awareness campaigns
on red light running, on-going data gathering and monitoring and
reimbursement of provincial costs.
Resolution #C-411-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I — 50 be received for information; and
THAT the Director of Engineering report back to Council on other
municipalities similar to Clarington for comparison purposes.
"CARRIED"
1 - 52 The Honourable Harinder Takhar, Minister of Transportation,
T08.GE informing Council that the 2004 Ontario Transit Vehicle Program
• (OTVP) is confirming the first component of its 2004 transit capital
program for conventional transit and specialized transit service for
person with disabilities. The province will provide funding of up to
one-third of eligible capital cost incurred by municipalities to renew
or refurbish transit vehicles, or purchase vehicles to expand their
transit fleets. Municipalities will be advised of the necessary
reporting and financial payment process by staff from the MTO's
Transit Policy and Programs Office.
Resolution #C-412-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT pursuant to the Ontario Transit Vehicle Program — Guidelines
and Requirements (the "Guidelines and Requirements"), the
Council of the Corporation of the Municipality of Clarington, hereby
request an allocation of vehicle program funding for the year 2004,
for transit vehicles for physically disabled persons in the amount of
$27,000.00.
Council Minutes - 22- September 13, 2004
• COMMUNICATIONS
THAT the Council of the Corporation of the Municipality of
Clarington understands and agrees that the said funding shall be
expended in accordance with the Guidelines and Regulations. A
detailed estimate of how the allocation is proposed to be spent is
attached hereto.
THAT furthermore, by submitting this request for an allocation of
vehicle program funds, the Council of the Municipality of Clarington
acknowledges and agrees that the Corporation of the Municipality
of Clarington shall be bound by all terms and conditions set out in
the Guidelines and Requirements.
"CARRIED"
Resolution #C-413-04
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the foregoing Resolution #C-412-04 be amended by adding
. the following wording thereto:
"THAT the funds be forwarded to the Director of
Finance/Treasurer."
The foregoing Resoultion #C-412-04 was then put to a vote and
CARRIED AS AMENDED.
Resolution #C-414-04
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT the Correspondence Items be approved as per the agenda,
with the exception of Items D — 5, D — 6, D — 7, D — 10 and D — 20
to D —43, inclusive.
"CARRIED"
•
Council Minutes - 23 - September 13, 2004
• COMMUNICATIONS
D - 1 Marolyn Morrison, Mayor, Town of Caledon, submitting a report and
E05.GR discussion paper "Towards a Golden Horseshoe Greenbelt"
representing the Town of Caledon's recommendations to the Task
Force in the Greenbelt legislation.
(Correspondence referred to the
Director of Planning Services)
D - 2 Ian Wheelband, Chair, Light Pollution Abatement Committee and
T01 .GE Michael Cox, President, The Durham Region Astronomical
Association, requesting Council to:
1 . Produce a guideline, outlining that good outdoor lighting benefits
everyone by improving the night time aesthetic quality of
neighbourhoods, increasing public safety, and reducing energy
waste (costs) and the production of greenhouse gases) for
broad circulation and benefit residents and the development
industry;
2. Incorporate in its Official Plan, outdoor lighting provisions that
would address light pollution;
• 3. Enact a by-law pursuant to Section 129 (1) of the Municipal Act
that would give the Municipality the necessary powers to
regulate outdoor lighting levels and appropriate lighting fixtures;
4. Embark on a program to replace street lights; and
5. Support better street lighting along Regional Roads.
(Correspondence referred to the
Director of Planning Services)
D - 3 G. Glenn Case, Director, Port Hope Area Initiative, Atomic Energy
E07.GE of Canada Limited, submitting to municipal, provincial, and federal
regulators, a draft of the "Discussion Document on Cleanup Criteria
Development for the Port Hope Area Initiative" which presents draft
cleanup criteria. Comments are to be submitted by
September 22, 2004.
Also, is a draft of the "Principles for the Development of Cleanup
Criteria for the PHAI" developed by municipal representatives and
the Low Level Radioactive Waste Management Office.
(Correspondence referred to the
Director of Planning Services and the
Port Granby Project Peer Review Team)
•
Council Minutes - 24- September 13, 2004
COMMUNICATIONS
D - 4 Michael Patrick, Chairman, CBOT Economic Development
D02.GE Committee, Clarington Board of Trade advising Council of the
economic development activities they feel should be established as
first priority actions based on the surveys, studies and consensus
as follows:
Priority #1 Lack of Serviced Industrial Areas;
Priority #2 Clarington's Economic Identity & Image; and
Priority #3 Targeting Energy-Related Generation & Conservation
Industries.
The Board of Trade recommends a sub-committee consisting of
representatives of the CBOT Economic Development Committee
and appropriate Municipal management be formed to implement
various projects.
(Correspondence referred to the Chief
Administrative Officer)
D - 8 Lorraine Knowles, Vice Principal, Courtice Secondary School,
• M02.GE requesting approval to hold a Terry Fox Run on Wednesday,
September 29, 2004 from 9:30 a.m. — 11:00 a.m (rain date —
Thursday, September 30, 2004). The event is approximately
7.5 kilometres and will commence at the school located on Tooley's
Road, and proceed west on Nash Road, Courtice.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
D - 9 Jean Graham, Chairperson, Newcastle Lions Club, requesting
M02.GE approval to hold their 10`h Annual Walk on Saturday, October 2,
2004 commencing at 9:00 a.m. at the Community Hall. All money
pledged goes to providing Dog Guide Teams to assist the blind,
deaf and physically challenged.
(Proclaimed and approved provided the
organizers apply for and obtain a Road
Occupancy Permit from the Engineering
Services Department)
•
• Council Minutes - 25 - September 13, 2004
COMMUNICATIONS
D - 11 Tricia Dallaway, Durham Region Health Department, on behalf of
M02.GE the Injury Prevention Program, requesting the proclamation of the
week of November 15 - 21 , 2004 as "Drug Awareness Week" to
help raise awareness regarding substance use.
(Proclaimed)
D - 12 Yvonne Kurz, Public Health Nurse, Injury Prevention Program, Safe
M02.GE Homes Safe Play, Regional Municipality of Durham, requesting the
proclamation of the week of October 4 - 10, 2004 as "Safe Homes
for Children" to ensure every child in Durham Region 0-6 years of
age reaches their full developmental potential, injury free.
(Proclaimed)
D - 13 Susan Shetler, Founder, President, Durham Region Canadians
M02.GE Addressing Sexual Exploitation, requesting the proclamation of the
week of October 17 - 24, 2004 as "White Ribbon Week" to increase
public awareness on the harmful effects of pornography
(particularly child pornography) in our society.
(Proclaimed)
D - 14 Laurie Bray, Public Health Nurse, Regional Municipality of Durham,
M02.GE requesting the proclamation of September 2004 as "Invite Us
Along!" vegetables and fruit month. Recent statistics indicate that
only 34% of Durham Region residents consume the recommended
servings of vegetables and fruit per day as outlined by Canada's
Food Guide.
(Proclaimed)
D - 15 Harvey Starkman, Vice President, Toronto Residents in
M02.GE Partnership, requesting the proclamation of the month of June 2005
as "Elder Abuse Awareness Month". Toronto Residents In
Partnership has taken up the challenge to have municipalities
recognize the signs and the consequences of Elder Abuse.
(Proclaimed)
D - 16 The Honourable Judy Sgro, Minister of Citizenship and
M02.GE Immigration, requesting the proclamation of the week of
October 18 — 24, 2004 as "Canada's Citizenship Week". This event
is a time to explore the nature of Canadian citizenship and the
underlying values of respect, freedom and belonging that bring us
together and make Canada such a great country to live in.
• (Proclaimed)
. Council Minutes - 26- September 13, 2004
COMMUNICATIONS
D - 17 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of
M02.GE Clarington, requesting the proclamation of the month of September,
2004 as "Mentoring Month". Big Brothers & Sisters is Canada's
leading child and youth mentoring organization.
(Proclaimed)
D - 18 Stephanie Miskew, Project Coordinator, Durham's Child Nutrition
M02.GE Project, requesting the proclamation of the month of September,
2004 as "Breakfast for Learning Month" to increase awareness of
the importance of child nutrition as it relates to learning.
(Proclaimed)
D - 19 Brad Graham, Assistant Deputy Minister, Smart Growth Secretariat,
D02.GR Ministry of Public Infrastructure Renewal, providing the
government's discussion paper and CD on the plan for growth and
economic expansion in the Greater Golden Horseshoe "Places to
Grow: Better Choices. Brighter Future. A growth plan for the
Greater Golden Horseshoe".
• (Correspondence referred to the
Director of Planning Services)
D - 5 Barb Hiff, Executive Director, Distress Centre, Durham requesting a
F11 .GE municipal grant/contributions to support the Distress Centre
Durham "Wish List" to aid in the expansion of crisis and support
services to meet the communities needs.
Resolution #C-415-04
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Correspondence Item D — 5 be referred to the Director of
Community Services.
"CARRIED"
•
Council Minutes - 27 - September 13, 2004
• COMMUNICATIONS
D - 6 Detective Craig Greentree, #299, Durham Regional Police Service,
F11.GE requesting a municipal grant in the amount of $300.00, to cover
rental cost of the 2 ball diamonds, Garnet B. Rickard Recreation
Complex, to support the 4th Annual Luke's Place Charity Baseball
Tournament.
Resolution #C-416-04
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT the request of Detective Craig Greentree for a grant to
support the 4 h Annual Luke's Place Charity Baseball Tournament
be approved in the amount for $300.00.
"CARRIED"
D - 7 R.T. Parker, Bowmanville, advising Council of their concern of
E05.GE noise pollution in regards to the use of train whistles by CP Rail at
the Scugog Street crossings and is a particular problem for people
• with children or that in are poor health.
Resolution #C-417-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Mr. Parker be forwarded a copy of Report WD-033-2001
and advised of the Transport Canada brochures available
regarding this matter.
"CARRIED"
D - 10 Kim Coates, Clerk, Township of Scugog, advising Council that the
C10.MO report "Proposal for the Protection of the East Cross Forest" was
endorsed by both their Council and Regional Council. They are
requesting the Municipality of Clarington endorse the Task Force's
•
Council Minutes - 28 - September 13, 2004
• COMMUNICATIONS
report and appoint a representative to participate as part of a multi-
jurisdictional team responsible for implementing their
recommendations.
Resolution #C-418-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the resolution from the Township of Scugog regarding
the "Proposal for the Protection of the East Cross Forest" be
endorsed by the Municipality of Clarington; and
THAT Councillor Jim Schell and Tony Cannella, Director of
Engineering Services be appointed as Representatives on
the Task Force.
"CARRIED"
D - 20 George Vadeboncoeur, President, Ontario Municipal Management
• M04.GE Institute, requesting Council to congratulate Fred Horvath, Director
of Operations on his designation as a Certified Municipal
Manager III. Accredited members include all levels of management
from front-line supervisors to Department Heads and CAD's in the
local government sector.
Resolution #C-419-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item D — 20 be received for information and
that the Director of Operations be congratulated.
"CARRIED"
D - 21 Morris O'Reilly, stating a concern regarding garbage and energy.
E07.GE He suggests utilizing the oil fired Wesleyville generating site, which
has never been used due to the 1't oil shortages in the 1970's,
convert the site into a giant incinerator that could handle up to
3,000,000 tons of garbage yearly and generate electricity as by
product. The Highway 401-cloverleaf, existing electrical
transmission lines, and the railway lines service the site. Smoke
• stack scrubbers would remove the pollutants. This would be a
better and more ecologically sound method of dealing with garbage
rather than sending it to landfills in Michigan, New York or other
Ontario sites.
Council Minutes - 29 - September 13, 2004
• COMMUNICATIONS
Resolution #C-420-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D — 21 be referred to the Works
Department of the Regional Municipality of Durham.
"CARRIED"
D - 22 Ian Macnab, Chief Administrative Officer, Kawartha Conservation,
C06.KA advising Council that at a meeting held on July 21, 2004 the Board
of Directors of Kawartha Conservation passed the following
resolution regarding Provincial Transfer Payments:
"Resolved, that, Kawartha Conservation endorses the
Conservation Ontario report entitled "Submission to the
Minister of Natural Resources; Re-investment in Ontario's
Conservation Authorities by the Province of Ontario — Now
and In the Future"; and
• THAT the report be circulated to watershed municipalities
and MPP's for endorsement."
Resolution #C-421-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the resolution from Kawartha Conservation regarding
Provincial Transfer Payments be endorsed by the Council of the
Municipality of Clarington.
"CARRIED"
D - 23 Ian Macnab, Chief Administrative Officer, Kawartha Conservation,
C06.KA advising Council that at a meeting held on July 21, 2004 the Board
of Directors of Kawartha Conservation passed the following
resolution regarding Source Protection Planning Legislation:
"RESOLVED THAT the Conservation Ontario reports on
source protection planning and legislation be received for
information; and,
•
• ` Council Minutes - 30- September 13, 2004
COMMUNICATIONS
THAT Kawartha Conservation supports in principle the
proposed source protection legislation and the role proposed
for conservation authorities, provided that total and
sustained funding is available to fulfill conservation authority
responsibilities; and,
THAT a copy of this resolution be sent to AMO and ROMA;
and,
FURTHER THAT Kawartha Conservation seek support from
all watershed municipalities for this resolution."
Resolution #C-422-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the resolution from Kawartha Conservation regarding Source
Protection Planning Legislation be endorsed by the Council of the
Municipality of Clarington.
• "CARRIED"
D - 24 Mary Ellen Greb, Deputy Clerk-Treasurer, Township of South-West
C10.M0 Oxford, advising Council that at a meeting held on August 3, 2004
Council passed the following resolution regarding Municipal Outlet
Drainage Program (Drainage Act):
"WHEREAS municipalities and land owners of rural Ontario
have demonstrated confidence in the Municipal Outlet
Drainage Program (Drainage Act) by making use of the
program for constructing, improving, maintaining and
repairing Municipal Drains that improve the quality of land
and waterways within the Province of Ontario;
AND WHEREAS the Municipal Outlet Drainage Program
allows all parties to take a proactive approach to Drainage in
the province of Ontario and reduce liability exposure caused
by flooding on private lands and roads;
AND WHEREAS the Municipal Outlet Drainage Program has
encouraged Ontario farmers to become expert managers of
• not only the food producing land but also the resources that
surround that farmland;
• Council Minutes - 31 - September 13, 2004
COMMUNICATIONS
AND WHEREAS the drainage of agricultural land is an
essential part of our $25 billion food economy;
AND WHEREAS the Municipal Outlet Drainage (MOD) and
the Tile Loan programs must co-exist, as tile drainage of
land can only take place where there is an adequate
municipal drain outlet to carry the water away;
AND WHEREAS the agricultural drainage systems in
Ontario have contributed significantly to providing habitat for
fish where that habitat previously did not exist and have also
provided societal benefits by enhancing fisheries, wildlife,
recreation and water quality;
NOW THEREFORE BE IT RESOLVED that the Premier
Dalton McGuinty and the Members of Provincial Parliament
be called upon to reverse the decision to phase out the
grants under the Municipal Outlet Drainage (MOD) program
and to reinstate the program effective immediately;
• AND FURTHER that this resolution be circulated to Premier
Dalton McGuinty, Steve Peters, Minister of Agriculture and
Food and all Ontario Municipalities for their consideration."
Resolution #C-423-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Township of South-West Oxford
regarding the Municipal Outlet Drainage Program be endorsed by
the Council of the Municipality of Clarington.
"CARRIED"
D - 25 Rosaline Graham, Clerk, Municipality of Kincardine, advising
C10.MO Council that at a meeting held on August 4, 2004 their Council
passed the following resolution regarding Municipal Outlet Drainage
Program (Drainage Act):
,WHEREAS the Ministry of Agriculture and Food for the
Province of Ontario has determined that it is phasing out
• grants under the Municipal Outlet Drainage (MOD) program;
• Council Minutes - 32 - September 13, 2004
COMMUNICATIONS
AND WHEREAS the MOD program is a key public service;
AND WHEREAS insufficient notice was given to all
stakeholders by the Province of Ontario in regard to phasing
out this key public service;
AND WHEREAS the phasing out of the MOD program will
result in undue hardship on rural municipalities and the
farming community within the Province of Ontario;
NOW THEREFORE BE IT RESOLVED THAT the
Municipality of Kincardine strongly urges the Provincial
Government to reconsider its position to phase out the
Municipal Outlet Drainage Program;
AND FURTHER THAT this resolution be forwarded to the
office of the Premier, the Minister of Agriculture and Food,
the County of Bruce, MPP Carol Mitchell, the Association of
Municipalities of Ontario, and all rural municipalities in
Ontario for support."
Resolution #C-424-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Municipality of Kincardine regarding
the Municipal Outlet Drainage Program be endorsed by the Council
of the Municipality of Clarington.
"CARRIED"
D - 26 Andrea Rivest, Clerk, Town of Lakeshore, advising that at a
C10.MO meeting held on August 9 - 10, 2004 their Council passed the
following resolution regarding the Municipal Outlet Drainage
Program:
"WHEREAS the Governments of Canada and Ontario
recently announced the signing of a Letter of Intent to fund
municipal rural infrastructure in small urban centers and rural
municipalities through the Canada- Ontario Municipal Rural
Infrastructure Fund;
Council Minutes - 33 - September 13, 2004
• COMMUNICATIONS
AND WHEREAS the Minister of Municipal Affairs and
Housing recently announced that the Provincial government
has introduced legislation to enshrine a Memorandum of
Understanding with AMO to amend the Municipal Act to
guarantee consultation with municipalities on matters that
affect municipal governments and to provide a strong
foundation for discussions towards ensuring that
municipalities have a face at the table of federal/provincial
discussions that will affect our communities. This historic bill
is meant to enshrine in legislation the principle of meaningful
and informed consultation between the Province and
Ontario's municipal governments and minimize or prevent
unintended consequences to the taxpayer. Minister of
Municipal Affairs and Housing John Gerretsen has stated
that "the government is committed to working with
municipalities - not against them - to build stronger, more
self-reliant communities that offer Ontarians a higher quality
of life. This legislation would be the cornerstone of a new
partnership between the Province and municipalities.
Ontarians depend on municipalities to play a key role in
• building strong, safe and livable communities. The
memorandum of understanding gives municipalities a say on
provincial plans that would affect their ability to get the job
done ".
AND WHEREAS the proposed amendment to the Municipal
Act reads as follows: "The Province of Ontario endorses the
principle of ongoing consultation between the Province and
municipalities in relation to matters of mutual interest, and
consistent with this principle, the Province shall consult with
municipalities in accordance with a Memorandum of
Understanding entered into between the Province and the
Association of Municipalities of Ontario ".
AND WHEREAS on July 27, 2004 notification was received
from the Ministry of Agriculture and Food that the provincial
government is phasing out grants under the Municipal Outlet
Drainage Program;
AND WHEREAS the Province of Ontario has provided
grants on agricultural drainage projects under provincial
legislation since "The Provincial Aid to Drainage Act" passed
in 1937;
•
Council Minutes - 34- September 13, 2004
• COMMUNICATIONS
AND WHEREAS this decision was made without
consultation with key stakeholders, input from the public, nor
prior warning contrary to previous commitments towards
strengthening provincial-municipal partnerships through the
Memorandum of Understanding with AMO;
AND WHEREAS municipal drainage systems form a key and
integral part of rural road infrastructure in the Province of
Ontario, and in particular Southwestern Ontario;
AND WHEREAS elimination of the MOD grant program is
contrary to the Nutrient Management Act for which $20
billion has been budgeted for administration and
implementation of regulations that relate to surface and
subsurface water quantity, quality control, and monitoring
and will result in difficulties in implementing and
administering the program;
AND WHEREAS elimination of the MOD grant program will
be critically detrimental and lead to the deterioration of
municipal drainage infrastructure in the Province, is not in
• the best interests of the public, and will result in negative
environmental impacts;
AND WHEREAS elimination of the MOD grant program will
result in additional cost for drainage being passed on to the
agricultural community which will create a significant cost
burden and negatively impact productivity and land
management practices;
AND WHEREAS the select Committee on Farm Drainage in
1948, the Select Committee on Conservation in 1950, and
the Select Committee on Land Drainage in 1974 all
recommended that financial assistance was a critical aspect
of drainage infrastructure management and should be
continued by the Province;
AND WHEREAS elimination of the MOD grant program will
result in the deterioration of a very extensive infrastructure of
open drains, tile drains, dykes, dams, pumps, bridges,
reservoirs and associated facilities exactly at a point in time
when senior governments are concerned about urban
infrastructure reconstruction, and will also have negative
impacts on the development community in the establishment
of systems which will ultimately outlet to municipal drains;
Council Minutes - 35 - September 13, 2004
COMMUNICATIONS
AND WHEREAS the Drainage Act has been an effective key
piece of legislation that has played an integral role in
assisting farmers in sustaining and enhancing drainage
schemes and improving crop outputs during difficult and
challenging times for the agricultural community;
AND WHEREAS the costs associated with funding the MOD
grant program are very small and the benefits and
effectiveness of provincial, municipal and private sector
involvement in the program are very high.
NOW THEREFORE BE IT RESOLVED that the Corporation
of the Town of Lakeshore hereby petitions the Province of
Ontario to immediately reinstate the Municipal Outlet
Drainage grant program and to uphold its prior commitments
to rural municipalities of Ontario;
AND BE IT FURTHER RESOLVED that a copy of this
resolution be circulated to the Minister of Agriculture and
• Food, the Minister of Municipal Affairs and Housing,
members of Provincial parliament, the Association of
Municipalities of Ontario, the Rural Ontario Municipal
Association, the Canadian Federation of Agriculture, the
Ontario Federation of Agriculture and to all municipalities in
Ontario for their endorsement and support."
Resolution #C-425-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Town of Lakeshore regarding the
Municipal Outlet Drainage Program be endorsed by the Council of
the Municipality of Clarington.
"CARRIED"
Council Minutes - 36- September 13, 2004
COMMUNICATIONS
D - 27 Kriss Snell, Clerk, Town of North Perth, advising that at a meeting
C10.1V0 held on August 9, 2004 their Council passed the following
resolution regarding the Municipal Outlet Drainage Program:
"WHEREAS without consultation or any advance warning
the Ontario Ministry of Agriculture and Food (OMAF)
announced its intention "to phase out grants under the
Municipal Outlet Drainage program (MOD);"
AND WHEREAS municipal drains are a critical part of the
rural infrastructure;
AND WHEREAS municipalities have been able to use the
MOD program funding to respond to farmer's requests for a
new drain, improvements or maintenance to an existing
drain;
AND WHEREAS the entire costs of municipal drain projects
will now be absorbed by the farmers, many of whom are
already experiencing financial hardship from circumstances
beyond their control;
THEREFORE BE IT RESOLVED THAT the Council of the
Town of North Perth hereby request the Minister of
Agriculture and Food, Hon. Steve Peters to reinstate the
Municipal Outlet Drainage program;
AND FURTHER THAT a copy of this resolution be forwarded
for action to John Wilkinson, M.P.P. Perth-Middlesex; and for
information to Ontario Federation of Agriculture, Perth
County Federation of Agriculture; National Farmers Union,
Christian Farmers Federation of Ontario and for
endorsement to the Rural Ontario Municipal Association
(ROMA), Association of Municipalities of Ontario (AMO), and
all municipalities in Ontario."
Resolution #C-426-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Town of North Perth regarding the
Municipal Outlet Drainage Program be endorsed by the Council of
the Municipality of Clarington.
"CARRIED"
Council Minutes - 37 - September 13, 2004
COMMUNICATIONS
D - 28 Linda Burling, Clerk, Town of Kingsville, advising that at a meeting
C10.MO held on August 9, 2004 their Council passed the following
resolution regarding Municipal Outlet Drainage Program:
"WHEREAS, the Provincial Government announced on
July 27, 2004 the elimination of agricultural grants previously
available by way of the Municipal Outlet Drainage Program,
effective July 28, 2004;
AND WHEREAS, the Municipal Outlet Drainage Program
has played an integral role in assisting the farming
community in ensuring efficient and effective drainage
throughout the Province of Ontario;
AND WHEREAS, the elimination of the Municipal Outlet
Drainage Program will adversely affect the agricultural
industry, in light of the difficult and challenging times facing
the agricultural community;
AND WHEREAS, the construction, improvement,
maintenance and repair of municipal drains may be delayed
or ended, due to lack of financial assistance, and which may
ultimately result in flooding and poor productivity.
NOW THEREFORE BE IT RESOLVED THAT THE
COUNCIL OF THE TOWN OF KINGSVILLE requests the
Provincial Government, in consultation with The Minister of
Agriculture and Food, to reconsider this decision and
reinstate the Municipal Outlet Drainage Program;
AND FURTHER THAT this resolution be circulated to The
Honourable Dalton McGuinty, Premier of the Province of
Ontario, Local Members of Provincial Parliament, Mr.
Charles Lalonde, Director, Ministry of Agriculture and Food,
All Municipalities in the Province of Ontario, Rural Ontario
Municipal Association and Association of Municipalities of
Ontario stressing the importance of and need for the
continuation of Grant Programs offered by the Municipal
Outlet Drainage Program. "
Council Minutes - ss - September 13, 2004
COMMUNICATIONS
Resolution #C-427-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Town of Kingsville regarding the
Municipal Outlet Drainage Program be endorsed by the Council of
the Municipality of Clarington.
"CARRIED"
D - 29 Kriss Snell, Clerk, Town of Perth, advising that at a meeting held
C10.MO on August 9, 2004 their Council passed the following resolution
regarding Bovine Spongiform Encephalopathy:
"WHEREAS the Bovine Spongiform Encephalopathy (BSE)
Crisis in Canada is still ongoing for the frontline producers in
the red meat industry;
AND WHEREAS there is no indication that the United
States' border will be open to Canadian red meat in the
foreseeable future;
AND WHEREAS the red meat producers have experienced
devastating financial losses to the point where the
production of red meat in Canada is in jeopardy;
AND WHEREAS rural communities across Canada are
suffering the synergistic effects of the red meat industry's
destruction;
NOW THEREFORE the Council of the Town of North Perth
petition the Association of the Municipalities of Ontario
(AMO) to appeal to both provincial and federal levels of
government to:
1. Provide financial support directly to the red meat
producers who are experiencing unbearable financial
losses in order to sustain the red meat industry in Canada.
2. Continue to negotiate with the United States and other
countries for the export of Canadian red meat.
AND FURTHER THAT this resolution be circulated to the
• Federal and Provincial Ministers of Agriculture, local MP and
MPP, County of Perth, other Perth County municipalities,
OFA, CFFO, NFU, ROMA and OSUM."
Council Minutes - 39- September 13, 2004
COMMUNICATIONS
Resolution #C-428-04
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D — 29 be referred to the Clarington
Agricultural Advisory Committee.
"CARRIED"
D - 30 Michel Morrissette, Clerk Administrator, Town of Iroquois Falls,
C10.MO advising that at a meeting held on May 31, 2004 their Council
passed the following resolution regarding the Provincial Gas Tax:
"WHEREAS the McGuinty Government introduced its first
Budget on Tuesday, May 18, 2004, and;
WHEREAS in this budget, the government will dedicate
1 .0 cent per litre of provincial gas tax for public transit
beginning October 2004 and increasing to 2.0 cents per litre
• in October 2006, and
WHEREAS this new money will only be available to those
municipalities that operate a public transit system, and;
WHEREAS for decades, Ontario municipalities have been
requesting the upper levels of Government to provide them
with alternate sources of revenue to help them cope with
deteriorating infrastructure and newly downloaded services,
and;
WHEREAS access to gas tax revenue, from both levels of
government, would go a long way in providing local
governments with the revenue it so desperately needs to
start moving forward rather than backwards.
NOW THEREFORE BE IT RESOLVED that the Council of
the Corporation of the Town of Iroquois Falls hereby
petitions the McGuinty Government to make the gas tax
available to all Ontario municipalities and that funds be
dispersed on a system such as equalized assessment to
ensure fair distribution, and;
Council Minutes - 40- September 13, 2004
COMMUNICATIONS
BE IT FURTHER RESOLVED that this resolution be
circulated to NEOMA, FONOM, AMO and all Ontario
municipalities for support."
Resolution #C-429-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Correspondence Item D — 30 be received for information.
"CARRIED"
D - 31 W. Henry Sander, Director of Corporate Services, Township of
C10.MO Severn, advising that at a meeting held on July 8, 2004 their
Council passed the following resolution regarding the request for
Provincial Funding Emergency Management Act:
,WHEREAS the Emergency Management Act has enacted
the mandatory implementation of Emergency Management
Programs for municipalities;
AND WHEREAS the essential programs will incur additional
expenses for municipalities in order to meet the
requirements of the Act;
NOW THEREFORE BE IT RESOLVED THAT the
Corporation of the Township of Severn hereby requests that
the Fire Chief Don Warden, Sector Representative, petition
the Provincial government on behalf of the municipalities of
the Province of Ontario for funding with respect to this
mandatory program;
AND FURTHER THAT the Municipalities of Ontario be
requested to support the recommendations submitted by the
Provincial Advisory Committee to Emergency Management
Ontario and the Provincial Government for funding of
municipal emergency planning;
AND FURTHER THAT this resolution of Council be
circulated to all municipalities in the Province through the
Association of Municipalities of Ontario for their
consideration and endorsement."
Council Minutes - 41 - September 13, 2004
• COMMUNICATIONS
Resolution #C-430-04
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the resolution from the Township of Severn regarding the
Provincial Funding Emergency Management Act be endorsed by
the Council of the Municipality of Clarington.
"CARRIED"
D - 32 Debbie Shields, Supervisor of Administrative Services, Corporation
C10.MO of the Town of Whitby, providing Council with the Planning
Director's Report, Item 129-04, regarding the Establishment of
Provincial Standards or Templates for Barrier Free Access. The
report recommends Council support the Accessibility Advisory
Committee by passing a resolution requesting the Province develop
appropriate standards/templates so municipalities can define
barrier free access in a manner consistent with the Ontarians with
Disabilities Act.
Resolution #C-431-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the resolution from the Town of Whitby regarding the
Establishment of Provincial Standards or Templates for Barrier
Free Access be endorsed by the Council of the Municipality of
Clarington.
"CARRIED"
D - 33 Denise Labelle-Gelinas, City Clerk, Corporation of the Town of
C10.MO Cornwall, advising that at a meeting held on July 12, 2004 their
Council passed the following resolution regarding Ontarians with
Disabilities Act — Special Funding:
"WHEREAS the Ontarians with Disabilities Act was
introduced in 2001 and all municipalities were required to
prepare on an annual basis Accessibility Plan which Plan
addresses, identifies and where possible remove all barriers
to people with disabilities; and
Council Minutes - 42- September 13, 2004
COMMUNICATIONS
WHEREAS the Act also legislates municipalities to appoint
Committees which may include municipal staff as resource
personnel to help with the Plan process; and
WHEREAS the legislation does not include any standard or
guideline to be followed yet enforces municipalities to
conduct whatever work is required to address all barriers
within its municipal Assets; and
WHEREAS due to the diverse disabilities of Committee
Members, it has been recognized due to the amount of work
involved, that there is a need for the municipality to identify a
municipal coordinator who's specific task is to help and
coordinate our requirements under the legislation; and where
there presently is no provision of any funding to
municipalities in order to accomplish its task.
NOW THEREFORE BE IT RESOLVED THAT The
Corporation of the City of Cornwall lobby the Province of
Ontario (Ministry of Citizenship and Immigration) and the
Association of Municipalities of Ontario to provide for Special
Funding that will help municipalities to employ the staff
needed to coordinate our requirement under the legislation
and to set, as soon as possible, reasonable standards and
guidelines for the advancement of the Ontarians with
Disabilities Act; and
NOW THEREFORE BE IT FURTHER RESOLVED THAT
these standards and guidelines be consistent throughout the
Province; and
NOW THEREFORE BE IT FURTHER RESOLVED THAT a
copy of this special resolution be sent to our Local M.P. MPP
and all municipalities throughout Ontario for their assistance
in petitioning our Provincial Government in obtaining funding
and that they set consistent standards and guidelines across
Ontario."
• ' Council Minutes - 43 - September 13, 2004
COMMUNICATIONS
Resolution #C-432-04
Moved by Councillor Trim, seconded by Councillor Foster
THAT the resolution from the Corporation of the Town of Cornwall
regarding the Ontarians with Disabilities Act be endorsed by the
Council of the Municipality of Clarington.
"CARRIED"
D - 34 Catherine Axford, Executive Assistant to The Honourable Lincoln
R01 .GE M. Alexander, Chairman, Ontario Heritage Foundation, inviting
Council to participate in the Ontario Heritage Foundation's
"Heritage Community Recognition Program 2004" to recognize
individuals and small project groups who have made significant
contributions to local heritage preservation. Recipients are
individuals/groups who have made exception contributions to
heritage preservation in their local areas. The deadline for
nominations is Tuesday, October 12, 2004.
Resolution #C-433-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Jeff Wills be nominated for the Heritage Community
Recognition Program 2004 for his involvement in the Bowmanville
Heritage Designation.
"SEE FOLLOWING MOTION"
Resolution #C-434-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Jack Wordon be nominated for the Heritage Community
Recognition Program 2004 for his involvement in the Massey
Historical Society.
"SEE FOLLOWING MOTION"
. ' Council Minutes - 44- September 13, 2004
COMMUNICATIONS
Resolution #C-435-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT Bill Humber be nominated for the Heritage Community
Recognition Program 2004 for his involvement in the Old
Bowmanville Neighbourhood Association.
"SEE FOLLOWING MOTION "
Resolution #C-436-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Newcastle Historical Society be nominated for the
Heritage Community Recognition Program 2004 for their
involvement in the Heritage programs..
"SEE FOLLOWING MOTION "
Resolution #C-437-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the nominations of Jeff Wills, Jack Worden, Bill Humber and
the Newcastle Historical Society be referred to the Director of
Planning Services to determine their eligibility.
"CARRIED"
D - 35 Carol 0. Trainor, Clerk/Deputy Treasurer, Town of Essa, advising
C10.MO that at a meeting their Council passed the following resolution
regarding Employment Rights of Fire Fighters:
"WHEREAS municipalities that have both volunteer and
composite fire departments rely on the skills and expertise of
"double hatter firefighters" to provide fire protection services;
• ` Council Minutes - 45 - September 13, 2004
COMMUNICATIONS
AND WHEREAS there has been considerable pressure from
the Fire Unions on double hatters to resign their volunteer
positions;
NOW THEREFORE BE IT RESOLVED THAT the Township
of Essa strongly urges the Provincial Government to enact
legislation which will protect the employment rights of double
hatter fire fighters;
AND THAT this Resolution be forwarded to all County of
Simcoe municipalities; the Ministry of Community Safety and
Public Services; Minister Arnott; MPP Jim Wilson, and the
Association of Municipalities of Ontario for support."
Resolution #C-438-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Town of Essa regarding the
Employment Rights of Fire Fighters be endorsed by the Council of
the Municipality of Clarington.
"CARRIED"
D - 36 Pat Kemp, Clerk/CAO, Township of Galway-Cavendish & Harvey,
C10.M0 advising Council that at a meeting held on July 20, 2004, Council
passed the following resolution regarding Employment Rights of
Fire Fighters:
"WHEREAS our Community relies on Volunteer Fire Fighters
to provide a valuable cost effective service in protecting our
community;
AND WHEREAS we have developed a mutually beneficial
high level of cooperation in the municipal fire service where
we train Volunteer Fire Fighters some of whom end up
working for other communities as full time fire fighters but
wish to continue to help their home communities, and
similarly Career Fire Fighters from other municipalities who
chose to become Volunteer Fire Fighters in their off duty
time so that they can apply their skills, knowledge and
leadership to help protect their home communities;
i
Council Minutes - 46- September 13, 2004
COMMUNICATIONS
AND WHEREAS Two Hatters are now being forced against
their will by the Ontario Professional Fire Fighters
Association to resign their volunteer duties as Volunteer Fire
Fighters, emergency response providers or police auxiliary
members or they will be charged by their Union and face
losing their full time position;
AND WHEREAS we feel that this action by the Union is not
only a violation of the individuals rights but the resulting loss
of Two Hatters will have a negative impact on the safety of
our community and others across the province and will lead
to a reduction in the quality of protection service and an
increase in the costs at the local level;
AND WHEREAS other provinces across Canada and in the
United States have legislation in place to prevent this kind of
union pressure but there is a gap in the Ontario labour
legislation that leaves Fire Fighters rights unprotected;
NOW THEREFORE BE IT RESOLVED THAT the Premier
be implored to take immediate action to do what is right for
the citizens of this province, to do what is best for community
safety and to protect the rights of individuals by enacting
legislation to protect emergency volunteer workers before
more damage is done.
AND FURTHER that our local MPP be invited to attend
Council to explain what he/she is doing to defend our
Volunteer Emergency Workers and to help protect our
community;
AND FURTHER that a copy of this resolution be forwarded
to all municipalities throughout Ontario."
Resolution #C-439-04
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Township of Galway-Cavendish &
Harvey regarding the Employment Rights of Fire Fighters be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
Council Minutes - 47 - September 13, 2004
COMMUNICATIONS
D - 37 Cindy Fleming, Acting City Clerk, City of Oshawa advising that at a
E07.GE meeting held on June 30, 2004 the City passed the following
resolution regarding Littering Problems, Litter Control Programs
and Possible Anti-Littering Strategies:
1. THAT the City of Oshawa support the development of a
Region-wide comprehensive anti-litter strategy to
address the problem of urban littering;
2. THAT a copy of Report OS-04-242 dated June 4, 2004,
from the Acting Commissioner of Operational Services
be forwarded to the Region and to other area
municipalities within the Region, and that they be
requested to respond to this initiative by September 1 ,
2004; and
3. THAT the Province of Ontario be encouraged, through
the Association of Municipalities of Ontario, to become
more active in the promotion of anti-littering
. messaging."
Resolution #C-440-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the resolution from the City of Oshawa regarding the Littering
Problems, Litter Control Programs and Possible Anti-Littering
Strategies be endorsed by the Council of the Municipality of
Clarington.
"CARRIED"
D - 38 P.M. Madill, Regional Clerk, Regional Municipality of Durham,
C10.MO advising that at a meeting held on July 7, 2004 Regional Council
passed By-law #51-2004 to amend the Region's Smoke-Free By-
law #66-2002. In accordance with the Municipal Act the by-law
shall not come into force unless:
a) a majority of all votes on the council of the upper-tier
municipality are cast in its favour;
' Council Minutes - 48 - September 13, 2004
COMMUNICATIONS
b) after the by-law is passed, a majority of the councils of all its
lower-tier municipalities have passed resolutions giving their
consent to the by-law; and
c) the total number of electors in the lower-tier municipalities
that pass resolutions under clause (b) form a majority of all
the electors in the upper-tier municipality.
Resolution #C-441-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Regional Municipality of Durham
regarding the amendment of the Region's Smoke-Free
By-law #66-2002 be endorsed by the Council of the Municipality of
Clarington.
"CARRIED"
D - 39 P.M. Madill, Regional Clerk, Regional Municipality of Durham,
• C10.MO advising the The Honourable Tony Valeri, Minister of Transport,
that at a meeting held on July 7, 2004 Regional Council endorsed
the following resolution of the City of Oshawa regarding the
relocation of VIA Rail:
"THAT as the City of Oshawa is the major metropolitan area
anchoring the eastern edge of Toronto, VIA Rail, CN, and
the Minister of Transport be advised the Via Rail Station is
very important to the City of Oshawa and as such it be
retained in our community; and further, that copies of the
correspondence be forwarded to Durham Region MPs and
MPPs, the Regional Municipality of Durham, and area
municipalities."
Resolution #C-442-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the resolution from the Regional Municipality of Durham
regarding the relocation of VIA Rail be endorsed by the Council of
the Municipality of Clarington.
"CARRIED"
• ' Council Minutes - 49- September 13, 2004
COMMUNICATIONS
D - 40 Roger Anderson, Regional Chair, Regional Municipality of Durham,
C10.MO advising The Honourable Dalton McGuinty, Premier of Ontario that
at a meeting held on July 7, 2004 Regional Council endorsed the
following resolution advising that the Region supports this initiative,
but have concerns of the bonus provisions — "Priority Zones" and
the "Timing Provisions". The provisions discriminate against
Durham Region, which does have the required infrastructure to
participate in this RFP:
"WHEREAS the Province of Ontario, through the Ministry of
Energy, has recently released a Request for
Information/Request for Qualifications 2500 MW of new
Clean Generation and Demand Side Projects;
AND WHEREAS Durham Region provides excellent
locational qualities and infrastructure such as available raw
water, efficient high power transmission lines to serve the
GTA and beyond, lower land costs and labour rates;
AND WHEREAS the RFI/RFQ provides 'Priority Zones'
which would penalize any projects that were proposed within
Durham Region whether it be 'New Clean Generation' or
'Demand Side Projects';
BE IT RESOLVED THAT the province of Ontario, Ministry of
Energy revise the RFP to exclude Priority Zones or, falling
that, include all sites within the GTA to be included in the
said 'Priority Zone';
AND THAT local municipalities within Durham Region pass
similar resolutions to be forwarded to the Province of
Ontario, Ministry of Energy;
AND THAT our business associations, businesses and
manufacturers, be made aware of the Province's proposed
discrimination toward demand side projects in Durham
Region and, in particular, the major energy users such as
General Motors, PPG, Gerdau Ameristeel, St. Marys
' Council Minutes - so- September 13, 2004
COMMUNICATIONS
Cement, AND THAT these businesses and associations be
urged to submit comments requesting the deletion or
modification of the proposed 'Priority Zone' locational
evaluation bonus;
AND THAT a copy of this resolution be forwarded to:
i) All MPPs east of Victoria Park Avenue, Toronto,
including:
Wayne Arthurs (Pickering/Ajax/Uxbridge)
Jim Flaherty (Whitby/Ajax)
John O'Toole (Durham)
Jerry Ouellette ( Oshawa)
Laurie Scott (Hal i b u rton/Victoria/B rock)
Brad Duquid (Scarborough Centre)
The Honourable Mary Anne Chambers (Scarborough
East)
Lorenzo Berardinetti (Scarborough South West)
The Honourable Alvin Curling (Scarborough Rouge
River)
The Honourable Gerry Phillips (Scarborough Agincourt)
and Chair of the Management Board
ii) The Regional Municipality of York; and
iii) Premier Dalton McGuinty."
Resolution #C-443-04
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the resolution from the Regional Municipality of Durham
regarding the Request for Information/Request for Qualifications
2500 MW of new Clean Generation and Demand Side Projects be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
Council Minutes - si - September 13, 2004
• COMMUNICATIONS
D - 41 Laura Moy, Clerk, Town of Tecumseh, advising that at a meeting
C10.MO held on June 25, 2004 their Council passed the following resolution
regarding Municipal Water Service — Request for Funding:
"WHEREAS the cost of bringing municipal water services to
rural areas is cost restrictive to both municipalities and
residents;
WHEREAS the Provincial Government has, in the past,
provided financial assistance for water and wastewater
servicing projects in communities and rural areas throughout
Ontario where health and environment problems were
identified;
AND WHEREAS the Provincial Government enacted the
Safe Drinking Act 2002 recognizing that the people of
Ontario are entitled to expect their drinking water to be safe
and to provide for the protection of human health and the
prevention of drinking-water health hazards through the
. control and regulation of drinking-water systems and
drinking-water testing;
AND WHEREAS both the Federal and Provincial
government have recently signed a letter of intent agreeing
to distribute $900 million to fix crumbling roads, bridges and
water pipes over a five-year period to communities with
fewer than 250,000 people;
AND WHEREAS the Town of Tecumseh supports all
provincial and/or Federal funding initiatives aimed at
improving the quality of infrastructure in Ontario's small and
medium-sized communities and rural areas such that all
residents have affordable access to "Safe Water" which fully
complies with new drinking water standards;
NOW THEREFORE BE IT RESOLVED THAT the County of
the Town of Tecumseh requests funding assistance from the
Provincial Government to assist municipalities in providing
water servicing infrastructure in rural areas;
AND FURTHER THAT this resolution be forwarded to each
Municipality in the Province for support and to the
Association of Municipalities of Ontario and Bruce Crozier,
MPP and Dwight Duncan, MPP."
• ' Council Minutes - 52 - September 13, 2004
COMMUNICATIONS
Resolution #C-444-04
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the resolution from the Town of Tecumseh regarding
Municipal Water Service — Request for Funding be endorsed by the
Council of the Municipality of Clarington.
"CARRIED"
D - 42 Debi Bentley, Deputy Clerk, Regional Municipality of Durham,
C10.1VI0 advising that at a meeting held on July 7, 2004 their Council passed
the following resolution regarding the Request for Additional
Justices of the Peace (2004-A-37):
"a) THAT the Attorney General of Ontario be provided with a
copy of Report #2004-A-37 of the Regional Solicitor and
be requested to fast track additional Justice of the Peace
appointments in Central East Region, in particular
appointments relevant to Durham Region;
b) THAT a copy of Report #2004-A-37 of the Regional
Solicitor and Council's resolution be forwarded to all
Durham MPP's, all municipalities in the judicial area
known as Central East Region, the Association of
Municipalities of Ontario (AMO), the Ontario Association
of Chiefs of Police, the Municipal Court Manager's
Association and the Prosecutor's Association with a
request that they endorse the resolution; and
c) THAT a copy of Report 42004-A-37 of the Regional
Solicitor be forwarded to the Associate Chief
Justice/Coordinator of Justices of the Peace, Ontario
Court of Justice, The Honourable Justice Donald Ebbs."
Resolution #C-445-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the resolution from the Regional Municipality of Durham
regarding the Request for Additional Justices of the Peace be
• endorsed by the Council of the Municipality of Clarington.
"CARRIED"
Council Minutes - 53 - September 13, 2004
COMMUNICATIONS
D - 43 Jim Pine, Chief Administrative Officer - Clerk, County of Hastings,
C10.MO advising that a meeting held in May 2004 their Council passed the
following resolution regarding the standardization of the legislation
of the Ontarians with Disabilities Act:
"WHEREAS the Ontarians with Disabilities Act was
introduced in 2001 and all municipalities are required to
prepare annual Accessibility Plans;
AND WHEREAS barriers to people with disabilities are to be
identified, addressed and resolved;
AND WHEREAS the legislation includes no standards or
guidelines to be followed;
NOW THEREFORE BE IT RESOLVED that Hastings County
lobby the Province of Ontario [Ministry of Citizenship and
Immigration] through A.M.O. and the municipalities of
Ontario to set, as soon as possible, reasonable standards
and guidelines for the advancement of the Ontarians with
Disabilities Act. Further, that these standards and guidelines
be consistent throughout the Province. Further, that a copy
of this special resolution be sent to our local MPs and MPPs
for their assistance in obtaining these consistent standards
and guidelines. "
Resolution #C-446-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the resolution from the County of Hastings regarding the
standardization of the legislation of the Ontarians with Disabilities
Act be endorsed by the Council of the Municipality of Clarington.
"CARRIED"
i
Council Minutes - 54- September 13, 2004
NOTICE OF MOTION
Resolution #C-447-04
Moved by Councillor Trim, seconded by Councillor Schell
WHEREAS the residents of the Hamlet of Leskard and the Village
of Tyrone have been experiencing vehicle traffic speeding along
Concession Road 8;
WHEREAS many residents of both communities have requested
that stop signs be erected as one means of slowing traffic along
Concession Road 8;
WHEREAS Concession Road 8 is used by cottagers and others
and is not therefore limited to just local traffic;
WHEREAS the ClaringtonTraffic Advisory Committee and staff
have reviewed the situation and do not recommend such stop signs
as the traffic volume counts do not meet the set Provincial
standards;
NOW THEREFORE BE IT RESOLVED THAT Council approve a a-
way stop at the intersection of Concession Road 8 and Leskard
Road, and a 4-way stop at the intersection of Concession Road 8
and Clement Road in Tyrone.
Resolution #C-448-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the Notice of Motion regarding the request for stop signs by
the residents of Hamlet be tabled until the Council meeting of
October 12, 2004.
"CARRIED"
•
Council Minutes - 55 - September 13, 2004
REPORTS
Report #1 Resolution #C-449-04
G.P.A. Report Moved by Councillor Schell, seconded by Councillor Trim
September 7, 2004
THAT the General Purpose and Administration Committee
Report of September 7, 2004, be approved with the exception of
Items 9 and 21.
"CARRIED"
Resolution #C-450-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Item #9 (Report PSD-104-04) of Report #1 be tabled.
"CARRIED"
Councillor Pingle stated a pecuniary interest with respect to Report
• PSD-108-04, vacated her chair and refrained from discussion and
voting; Councillor Pingle indicated that the subject sites are in close
proximity to her residence.
Resolution #C-451-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the recommendations contained in Confidential Report
PSD-108-04 be approved.
"CARRIED"
Report #2 Resolution #C-452-04
Order to Moved by Councillor Robinson, seconded by Councillor Schell
Restrain
Berezowski THAT Report CLD-25-04 be received;
THAT the Order to Restrain served on Darren Berezowski be
upheld; and
•
Council Minutes - 56- September 13, 2004
REPORTS
Report #2 THAT Darren Berezowski, Eugene Skripkariuk and Scott Greenfield
be advised of Council's decision.
"CARRIED"
Report #3 Resolution #C-453-04
Order to Moved by Councillor MacArthur, seconded by Councillor Foster
Restrain -
Lockwood THAT Report CLD-26-04 be received;
THAT the Order to Restrain served on Jeff Lockwood be upheld for
a four month probation period; and
THAT Jeff Lockwood and Marg Logeman be advised of Council's
decision.
"SEE FOLLOWING MOTION"
• Resolution #C-454-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the foregoing Resolution #C-453-04 be amended by
replacing the words "four month" with "six month".
"CARRIED "
The foregoing resolution was then put to a vote and CARRIED AS
AMENDED.
Report #5 Resolution #C-455-04
Confidential Moved by Councillor Robinson, seconded by Councillor Pingle
Report
CLD-27-04 THAT Confidential Report CLD-27-04 be received; and
THAT the request be approved as per Council's usual practice.
"CARRIED"
•
• Council Minutes - 57 - September 13, 2004
REPORTS
Report #4 Resolution #C-456-04
Tender Moved by Councillor MacArthur, seconded by Councillor Foster
CL2004-34
Asphalt THAT Report COD-26-04 be received;
Resurfacing
THAT Harden & King Construction Inc., Ajax, Ontario with a total
bid in the amount of $633,599.97 (plus G.S.T.), being the lowest
responsible bidder meeting all terms, conditions, and specification
of Tender CL2004-34, be awarded the contract for asphalt
resurfacing, various streets as required by the Engineering
Department;
THAT the total funds required in the amount of $751,500.00
($698,067.97 less G.S.T., less Item F4, plus design, contract
administration and contingencies) be drawn from the 2004 Capital
Budget accounts as specified in the body of this report; and
THAT the by-law marked Schedule "A" to Report COD-26-04
• authorizing the Mayor and the Clerk to execute the necessary
agreement be approved.
"CARRIED"
Resolution #C-457-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report COD-026-04 be referred to the end of the agenda to
be considered at a "closed" meeting.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-458-04
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegation of Mr. Vetere regarding the Development
Charges be referred to staff.
"CARRIED"
Council Minutes - 58- September 13, 2004
• UNFINISHED BUSINESS
Resolution #C-459-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the delegations of Josip Tomina and Marcia Tomina be
referred to staff.
"CARRIED"
Resolution #C-460-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the delegation of John Bergeron regarding High Speed
Itnernet be referred to the Chief Administrative Officer.
"CARRIED"
BY-LAWS
• Councillor Pingle disclosed a pecuniary interest earlier in the
meeting and refrained from discussion and voting on the by-laws.
Resolution #C-461-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-193 to
2004-205 inclusive, and that the said by-laws be now read a first
and second time:
2004-193 being a by-law to amend By-law 99-90, a by-law to license,
regulate and prohibit certain animals or classes thereof
within the limits of the Municipality of Clarington or defined
areas therein and to repeal various by-laws
2004-194 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (2001544 Ontario Limited)
•
Y �
Council Minutes - 59- September 13, 2004
• BY-LAWS
2004-195 being a by-law to amend By-law 2004-092, a by-law
respecting the appointment of a Chief Building Official,
Building Inspectors, Plumbing Inspectors and Fire Safety
Inspectors
2004-196 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Aloia Bros.
Construction Contractors Limited, Toronto, Ontario, to enter
into an agreement for the Enniskillen Sidewalk
Construction, Old Scugog Road
2004-197 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and 614128
Ontario Ltd. o/a Trisan Construction, Schomberg, Ontario,
to enter into an agreement for the Sidewalk Construction,
various locations
2004-198 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Atlas
• Paving Company Inc., Etobicoke, Ontario, to enter into an
agreement for the Bowmanville Creek Recreational Trail,
Phase II
2004-199 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ron
Robinson Ltd., Bowmanville, Ontario, to enter into an
agreement for the Bowmanville Downtown Streetscape
Revitalization
2004-200 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ron
Robinson Limited, Bowmanville, Ontario, to enter into an
agreement for the Storm Sewer Construction, various
locations
2004-201 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Hemson
Consulting Ltd., Toronto, Ontario, to enter into an
agreement for the Development Charges and Official Plan
Growth Management Study
•
r
Council Minutes - 60- September 13, 2004
• BY-LAWS
2004-202 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Hamden &
King Construction Inc., Ajax, Ontario, to enter into an
agreement for the asphalt resurfacing, various streets
2004-203 being a by-law to establish a Reserve Fund for Rate
Stabilization
2004-204 being a by-law to authorize the transfer of lands from
Schickedanz Bros. Limited to the Corporation of the
Municipality of Clarington, for nominal consideration, the
lands more particularly described as Part 3 on
Plan 40R-19115, Part Lots 23 and 24, Plan H-50077,
Bradshaw Street, Part Lot 9, Concession 2, former Town of
Bowmanville, Municipality of Clarington
2004-205 being a by-law to declare Part X on Reference
Plan 40R-XXXXX to be surplus
• "CARRIED"
Resolution #C-462-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-193 to 2004-205
inclusive, be approved.
"CARRIED"
OTHER BUSINESS
Clarington Resolution #C-463-04
Accessibility
Advisory Moved by Councillor Foster, seconded by Councillor MacArthur
Committee
THAT the following individuals be appointed to the Clarington
Accessibility Advisory Committee:
- Darlene Matthews
- Sandra Darlene Crandall.
• "CARRIED"
.s
Council Minutes - 61 - September 13, 2004
• OTHER BUSINESS
Councillor Robinson announced that the 152nd Orono Fair was a
success and he thanked members of Staff for their efforts.
Orono Resolution #C-464-04
Chili
Cook-off Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS the Orono Chili Cook Off is scheduled for Saturday,
September 25, 2004 between 10:00 a.m. and 4:00 p.m.;
AND WHEREAS road closure permits have been applied for and
granted;
THEREFORE BE IT RESOLVED THAT Council grant permission
for the closure of Regional Road 17 between Centreview Street and
Park Street, from the hour of 10:00 a.m. until 4:00 p.m. on
September 25, 2004.
"CARRIED"
• Downtown Resolution #C-465-04
Applefest
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Director of Engineering Services provide a transit
incentive for residents of the Municipality of Clarington for the
downtown Applefest.
Resolution #C-466-04
Moved by Councillor Schell, seconded by Councillor Foster
THAT the meeting be "closed" to consider Confidential
Correspondence Items I — 10 and Item I — 11 regarding legal
matters.
"CARRIED"
Resolution #C-467-04
Moved by Councillor Schell, seconded by Councillor Foster
• THAT the actions taken at the "closed" meeting, be approved.
"CARRIED"
Council Minutes - 62- September 13, 2004
CONFIRMING BY-LAW
Councillor Pingle disclosed a pecuniary interest earlier in the
meeting and refrained from discussion and voting on the confirming
by-law.
Resolution #C-468-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2004-206 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 13th day of
September 2004, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-469-04
Moved by Councillor MacArthur, seconded by Councillor Foster
• THAT the third and final reading of By-law 2004-206 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-470-04
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the meeting adjourn at 9:40 p.m.
"CARRIE "
MAYO
D .. TY CLERK