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Council Meeting Minutes
April 3, 2006
Minutes of a regular meeting of Council held on April 3, 2006, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, A. Cannella
Director of Community Services, J. Caruana
(attended until 7:33 p.m.)
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 7:33 p.m.)
Director of Corporate Services, M. Marano (attended until 7:33 p.m.)
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services, G. Weir (attended until 7:33 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Pingle indicated that she would be stating a pecuniary interest with respect
to Report PSD-030-06 (Item #6 of Report #1).
MINUTES
Resolution #C-151-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on March 20, 2006, be
approved.
"CARRI ED"
Council Meeting Minutes
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April 3, 2006
Mayor Mutton advised that he received notice today that the Provincial Government is
providing a one-time grant in excess of $10.6 million to Durham Transit to be used to
refurbish and replace buses.
PRESENTATION
Gary Cole and members of the Orange Lodge presented a portrait of Queen
Elizabeth II to the Mayor and Members of Council. Mayor Mutton advised that the
portrait would be proudly displayed in the Council Chambers.
DELEGA TIONS
Amie Cooper was called but was not present.
John Jaworski addressed Council with respect to a drainage issue. He advised that a
Municipal Law Enforcement Officer visited his property and has issued an order to him
to redirect his sump pump drainage hose to the ditch in front of his property. He
indicated that the drainage was installed approximately 15 years ago in accordance
with CLOCA approval. Six neighbouring homes drain into the one swale. Forcing him
to reroute his pipe will put him in compliance with the by-law but others will still be
draining to the same area, thereby not relieving the flooding problem experienced by
his neighbours. He requested an exemption from the Municipality's Drainage By-law.
Alan Vaillancourt addressed Council with concerns related to the design of Highway
#2 at Solina Road. Since the highway was widened, numerous accidents have
occurred at the intersection and Mr. Vallaincourt questions whether the curve in the
highway at this location may be designed improperly.
COMMUNICA TIONS
Resolution #C-152-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information be approved as per the
agenda, with the exception of Item 1-15.
"CARRIED"
I - 1 Minutes of the St. Marys Cement Community Relations Committee Meeting
held on March 7, 2006.
I - 2 Minutes of the Agricultural Advisory Committee of Clarington Meeting held on
February 9, 2006.
I - 3 Minutes of the Clarington Older Adult Association Meeting held on March 17,
2006.
Council Meeting Minutes
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April 3, 2006
I - 4 Minutes of the Tyrone Community Centre Meeting held on February 9, 2006.
I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
Meeting held on February 14, 2006.
1-6 Minutes of the Newcastle Community Hall Board Meeting held on February 21,
2006.
I - 7 Minutes of the Clarington Traffic Management Advisory Committee Meeting
held on January 19, 2006.
I - 8 Minutes of Kawartha Conservation Meeting held on February 14, 2006.
1-9 John O'Toole, MPP, Durham, advising that he has received a letter from the
Ministry of Transportation concerning the Town of Whitby resolution seeking an
amendment to Bill 169 regarding regulations governing vehicles when they are
stopped by a school crossing guard. He has also received a copy of the reply
Gerry Chaput, Chief Engineer, sent to the Municipality of Clarington about the
control of vehicles when they stop for a crossing guard. Mr. O'Toole offers his
assistance with any additional follow-up required.
I - 10 Enza Cancilla, Hydro One Networks Inc., advising that Hydro One has applied
to the Ontario Energy Board to increase the rates their customers pay to have
electricity delivered to their home or business. If approved, the new delivery
rates will increase the total bill up to 6 percent for the average customer. It is
expected that the Ontario Energy Board will approve the delivery rates
sometime this spring. The new rates will be effective on May 1,2006 and will
appear under the "Delivery" line item on the bill.
1-11 Wayne Wilson, Conservation Authorities Moraine Coalition providing a
brochure detailing their efforts and successes of 2005.
1-12 Elizabeth Moore, Executive Director, Oshawa Senior Citizens Centres,
forwarding a copy of their Spring 2006 Activity Guide and the quarterly
newsletter produced by volunteers on the Community Relations Committee.
I - 13 Federation of Canadian Municipalities (FCM) advising that the Government of
Canada has endowed FCM with $550 million to establish the Green Municipal
Fund (GMF) to provide a long-term, sustainable source of low interest loans
and grants for municipal governments and their partners. Annual funding caps
have been set limiting the number of projects that will be supported each year.
1 - 14 Sylvia Terpstra, Director of Education, Kawartha Pine Ridge District School
Board advising that the following Trustee Distribution Model for the School
Board will be presented at the March 30, 2006 meeting of the Board, for
approval:
Council Meeting Minutes
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April 3, 2006
Municipality of Clarington
2 Trustees
City of Peterborough
2 Trustees
Township of Alnwick/Haldimand
Town of Cobourg
Township of Hamilton
1 Trustee
Township of Asphodel-Norwood
Township of Cavan-Millbrook-North Monaghan
Township of Otonabee-South Monaghan
1 Trustee
Municipality of Brighton
City of Quinte West/Murray Ward
Township of Cramahe
1 Trustee
Township of Douro-Dummer
Township of Galway-Cavendish and Harvey
Township of North Kawartha
Township of Smith-Ennismore-Lakefield
1 Trustee
Municipality of Port Hope
1 Trustee
Township of Havelock-Belmont-Methuen
Municipality of Trent Hills
1 Trustee
I - 16 Stephen Bourque, Coordinator, Rehabilitation and Employment Services,
Canadian Mental Health Association, thanking Council for the $1,500 grant.
I - 17 Ontario Good Roads Association (OGRA) advising that during the McGuinty
Liberal government release of the 2006/07 Ontario Budget, the Honourable
Dwight Duncan, Minister of Finance announced a one-time $1.2 billion
investment in transportation. $838 million will be directed toward transit while
$400 million will be for municipal roads and bridges primarily outside the GTA
with "special emphasis on rural and northern communities for road and bridge
repair and upgrading." While the announcement states that this is a one-time
investment and therefore falls short of OGRA's goal of securing sustainable
funding for municipal infrastructure, it is still good news for OGRA members.
I - 18 George Graham, Clerk Administrator, Township of Brock advising that their
Council has written to Prime Minister Harper to urge the federal government to
preserve the national child care program and the federal provincial child care
agreement respecting the Early Learning and Care - Best Start Plan.
Council Meeting Minutes
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April 3, 2006
I - 19 Gordon Lee, Chairman, Newcastle Arena Management Board thanking Council
for the 2006 grant. During the last two terms of this committee, the arena has
progressed from a winter ice skating arena, which only opened September to
April each year, into a 12 month recreational facility, hosting not only winter ice
activities but lacrosse, ball hockey, children's dance studio, summer day camp
and now is the summer home to the Clarington Farmers' market.
I - 20 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington
thanking the municipality for providing the agency with a municipal grant in the
amount of $2,000. As a charitable organization, they rely heavily on the
support of their community and they appreciate both the donation and the well
wishes.
1-21 Elizabeth Dowdeswell, President, Nuclear Waste Management Organization
forwarding the NWMO Annual Report 2005 - From Dialogue to Decision:
Managing Canada's Nuclear Fuel Waste.
I - 22 Carol Grylls, Committee Secretary, Regional Municipality of Durham, advising
that Regional Council passed the following resolution pertaining to Landscaping
Industry Land Uses:
"a) THAT policies be integrated into the Durham Regional Official Plan that
would further accommodate the landscaping industry, and the
rural/agricultural component of the Proposed Amendment for the
Regional Official Plan Review be modified; and
b) THAT a copy of Report #2006-P-21 of the Commissioner of Planning be
forwarded to the area municipalities, Durham's Conservation Authorities,
the Ministry of Municipal Affairs and Housing, and Landscape Ontario."
I - 23 Andre Marin, Ombudsman, forwarding his report Getting It Right, regarding his
investigation into the transparency of the property assessment process and the
integrity and efficiency of decision-make at the Municipal Property Assessment
Corporation.
I - 15 Association of Municipalities of Ontario advising that the 2006 Provincial
Budget invests in municipal roads and bridges and public transit systems, but
fails to deliver any additional uploading of provincial health and social services
costs. While the Budget indicates that the Province is on track to balance its
books, it does nothing to reduce the Province's reliance on municipal property
tax revenues to subsidize provincial programs and services, or to close the
growing Provincial-Municipal fiscal gap.
Council Meeting Minutes
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April 3, 2006
Resolution #C-153-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correpondence Item 1- 15 be received for information.
CARRIED
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 13, D - 14 and D - 15 were distributed as handouts.
Resolution #C-154-06
Moved by Councillor Ping Ie, seconded by Councillor MacArthur
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 7 to D - 14, inclusive.
"CARRIED"
D - 1 Moe Richards, President, Clarington Older Adult Association, writing further to
a Council resolution passed on February 13, 2006, stating that a representative
from the Clarington Older Adult Association be appointed to the Heritage
Designation Committee. He advises that if the residents of Beech Avenue do
not have representation on the Heritage Designation Committee, then the
Clarington Older Adult Association does not wish to have a representative on
the committee at this time. The Association did not have plans to request
additional parking at this time or in the immediate future. However, the
Association wanted to ensure that the Heritage Designation would not restrict
any plans of future parking.
(Correspondence referred to the Director of
Planning Services)
D - 2 Michelle Gentile, Coordinator, Fundraising Events, Multiple Sclerosis Society of
Canada requesting permission to hold the 2006 Super Cities Walk for MS in
Bowmanville. The event date is Sunday, April 23, 2006, beginning at 9:30 a.m.
She is anticipating between 300 and 350 walkers this year, plus an additional
50 to 75 volunteers.
(Request approved, provided the organizers
apply for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
Council Meeting Minutes
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April 3, 2006
D - 3 Pat Madill, Regional Clerk, Regional Municipality of Durham writing with
respect to the Provincial commitment to honour the allocations for Best Start
Program and National Early Learning and Child Care Program. Regional
Council requests the Municipality's endorsement of the following resolutions:
"WHEREAS Toronto City Council endorsed the following six-point action plan
for building a national Early Learning and Child Care program at its meeting on
November 30, December 1 and 2, 2004:
(i) moving from the current user pay and subsidy system to publicly funded
programs, as in Quebec and other OECD countries;
(ii) introducing standards that guarantee quality, universally accessible,
developmental, inclusive programming like the Canada Health Act, the
principles of child care needs to be enshrined in legislation;
(iii) maintaining existing federal commitments (Canada Social Transfer, Early
Childhood Initiative and Multilateral Framework Agreement funding);
(iv) dedicating a separate adequate designated funding stream for a new, long-
term federal transfer to provinces and territories;
(v) agreeing that all expansion takes place through public and/or not for profit
delivery; existing for-profit programs may be grand-parented; and
(vi) including provincial and territorial accountability, tied to five-year plans that
include goals and objectives, timelines and targets, review and evaluation
as they build new Early Learning and Child Care (ELCC) systems; and
WHEREAS the City of Toronto received $46 million for child care in 2005 and
will receive $80 million in 2006 from the federal Early Learning and Child Care
(ELCC) systems; and
WHEREAS under the existing federal programs, the City of Toronto would have
received an additional $236 million over the life of the five-year program and
added a total of 5,855 licensed and subsidized child care spaces in the City of
Toronto; and
WHEREAS the cancellation of the federal Early Learning and Child Care
program by the new Conservative Government puts the City of Toronto's child
care system and those new spaces in jeopardy; and
WHEREAS the lost funding will leave many children in the City of Toronto.
without quality accessible child care; and
WHEREAS the Conservative Government's proposed child care income
support for families is a valid policy goal but is not a substitute for public
investment in high quality early learning and child care programs; and
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April 3, 2006
WHEREAS less than $100.00 a month, after taxes, comes nowhere close to
covering the cost of high quality child care, and tax credits for employers will
not create sustainable, equitable child care programs; and
WHEREAS without a national child care program, there will be no choice in
child care for parents;
NOW THEREFORE BE IT RESOLVED THAT Mayor Miller, on behalf of
Council and the residents of the City of Toronto, work with the federal and
provincial governments to preserve the national child care program and the
Ontario federal-provincial child care agreement;
AND BE IT FURTHER RESOLVED THAT the City of Toronto work with
families, child care programs, and child care advocacy groups to ensure that
the federal government fulfils its five-year commitment to build a national early
learning and child care system in Toronto and Canada;
AND BE IT FURTHER RESOLVED THAT this motion be circulated to the other
municipalities in Ontario."
And
"a) THAT Correspondence from R. Williams, President, Ontario Municipal
Social Services Association (OMSSA), addressed to Mary Anne
Chambers, Minister of Children and Youth Services, dated January 30,
2006 requesting assurance in writing that the Province of Ontario will
honour the allocations for Best Start be endorsed; and
b) THAT the Premier of Ontario, Prime Minister of Canada, Ministers of
Children and Youth Services Community and Social Services, Durham
MPPs, Durham MPs, AMO, FCM, OMSSA, members of the Best Start
Network and all School Boards in Durham Region be so advised and
further that a coy be forwarded to the area municipalities for endorsement."
(Advise that Council has previously endorsed
this action at the request of the Canadian
Union of Public Employees)
D - 4 S. Elston, Leader, 3rd Courtice Guides, requesting permission to take part in the
Yellow Fish Road Storm drain marking program. In order to commemorate
Earth Day, Saturday, April 22, 2006, the guides wish to paint storm drains in
the Courtice residential area as part of Trout Unlimited Canada's Yellow Fish
Road program. The goal is to educate the public about the impacts of pollution
entering urban storm drains. The volunteers will stencil yellow fish symbols
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April 3, 2006
(with non-toxic paint) beside storm drains and distribute fish-shaped brochures
to homes in the immediate area. They will be following the very strict safety
guidelines provided by Trout Unlimited Canada. The project will likely take
several hours on the morning of April 22.
(Correspondence referred to the Director of
Engineering Services)
D - 5 Cathrine McKeever submitting her resignation from both the Local Architectural
Conservation Advisory Committee and the Samuel Wilmot Nature Area
Management Advisory Committee.
(Thank Ms. McKeever for her service to
these committees and correspondence
referred to Municipal Clerk)
D - 6 Barbara Stanyar, General Manager, Communications, Canada Post inviting
nominations for the 2006 Canada Post Literacy Award. The Literacy Awards
are Canada's only national awards dedicated to recognizing grassroots literacy
initiatives and to celebrating the achievements of learners, along with those
who have helped them learn to read and write.
(Correspondence referred to the Municipal
Clerk for an advertisement to be placed in the
local newspapers)
D - 15 G. Glenn Case, P.Eng., Manager, Projects & Facilities Deelopment, AECL,
Low-Level Radioactive Waste Management Office advising Council that the
Revised Port Granby Project Environmental Assessment Study Report has
been issued, and inviting comments from staff and the peer review team by
May 3, 2006. The Draft Report is being circulated for comment to many
residents, interest groups and other stakeholders.
(Correspondence referred the the Director of
Planning Services)
D - 7 The Honourable Jim Bradley, Minister Responsible for Seniors advising that
each year the Government of Ontario designates June as Seniors' Month to
celebrate the countless experiences, accomplishments and contributions of
seniors. Across the province, community organizations and local governments
host special events to recognize seniors and the countless contributions they
make to Ontario's way of life. He invites us to participate in the 2006 Senior of
the Year Awards. The award was established in 1994 to give each municipality
in Ontario the opportunity to honour one outstanding local senior. Recipients
are individuals, who after age 65, have enriched the social, cultural or civic life
of the community, without thought of personal or financial gain.
Council Meeting Minutes
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April 3, 2006
Resolution #C-155-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Gordon H. Barrie be nominated as the Municipality of Clarington's 2006 Senior
of the Year.
CARRIED
D - 8 Greg Farrant, Government Relations Manager, Ontario Federation of Anglers
and Hunters (OFAH) advising that last year, the Ministry of Natural Resource,
the OFAH and the Ontario Federation of Agriculture contacted all municipalities
in southern Ontario in support of a new initiative to allow for gun hunting on
Sundays during regular hunting seasons. At that time, 67 municipalities across
southern Ontario voted in favour of Sunday gun hunting, which will take effect
September 1, 2006 and be a part of all subsequent regulated hunting seasons.
The Municipality of Clarington, at that time, did not support the proposal to
allow Sunday gun hunting. The OFAH has recently been receiving calls from
municipalities who, like ours, did not initially endorse Sunday gun hunting, but
who are now reconsidering their position and asking how they can be included
on the list of municipalities who said "yes". Because of this, they are asking
Council to revisit this issue and provide an opportunity for public input and
discussion.
Resolution #C-156-06
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Correspondence Item D - 8 be received for information.
CARRIED
D - 9 Barbara Kelly, Mayor, City of Kawartha Lakes, advising that on December 13,
2005, their Council passed the following resolution:
"WHEREAS, the events of 2000 in Walkerton, Ontario resulted in a reaction
from the Government of Ontario;
AND WHEREAS the Government of Ontario has introduced very
comprehensive legislation over the past 5 years with very costly ramifications
for Ontario municipalities and the customers they serve;
AND WHEREAS this legislation dictates requirements that Ontario
municipalities and the water and wastewater customers they serve are no
longer able to afford nor sustain as a direct result of Provincial Legislative
requirements;
Council Meeting Minutes
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April 3, 2006
AND WHEREAS duly elected municipal representatives in the City of Kawartha
Lakes will no longer pass these Provincially mandated costs onto the
customers they are elected to represent;
BE IT RESOLVED THAT the Council for the City of Kawartha Lakes direct staff
to maintain the municipal water and wastewater rates at the levels approved in
2004 for 2005; 2006 and 2007;
THAT correspondence be forwarded to Premier Dalton McGuinty respectfully
requesting the creation of a new Water and Wastewater Partnership Funding
Program to assist Ontario municipalities and the users they serve;
THAT this Water and Wastewater Partnership Funding Program include special
circumstances funding for small rural municipal water systems;
THAT this correspondence be copied to the Honourable Dwight Duncan,
Minister of Finance, the Honourable John Gerretsen, Minister of Municipal
Affairs and Housing, the Honourable Laurel Broten, Minister of the Environment
and all MPPs within the Province of Ontario; and
THAT this correspondence be forwarded to the Association of Municipalities of
Ontario for circulation to and support from every municipality within the
Province of Ontario to petition the Province of Ontario to take immediate
action."
Resolution #C-157 -06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D - 9 be received for information.
CARRIED
D - 10 Ron Moran, National President, Customs Excise Union Douanes Accis
providing follow-up on the Canadian Border Patrol. He advises that much has
happened since they last wrote in April 2005; the newly elected Conservative
Government has acknowledged that having no form of Canadian pre-emptive
or dissuasive patrols between border points of entry is illogical. He is
requesting that Council pass the following resolution:
"WHEREAS border security in Canada is very important and not properly
ensured;
WHEREAS border security was once strictly a responsibility of Customs;
WHEREAS responsibility for the border between points of entry was given to
the RCMP in the 1930's and Customs retained responsibility at points of entry;
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April 3, 2006
WHEREAS the RCMP Commissioner has testified to the House of Commons
Justice Committee on December 9, 2004, that the RCMP does not have
enough resources to fulfill its mandate along the border, and is exclusively
focused on gathering intelligence and investigating major cases;
WHEREAS the RCMP cannot possibly be expected to satisfy a border patrol
mandate because it also has to provide police response to other crises in
communities;
WHEREAS Customs is at the border already and has developed expertise on
how to provide border security during its more than 100 years at the border;
WHEREAS Customs has a border patrol expertise already established in that it
operated what were called Flexible Response Teams during the late 1990's
until the early 2000 years - time at which the Government of Canada's funding
of the Anti-Smuggling Initiative ceased last year;
WHEREAS Canada has in excess of 200 unguarded roads that can be used to
enter Canada from the US;
WHEREAS we know that there are hundreds of vehicles that enter Canada on
any given month without reporting to Customs - we don't know who is in those
vehicles or what they carry;
WHEREAS the Canada Border Services Agency (CBSA) recorded over 1,600
vehicles entering Canada in 2004 and failing to report to a Customs office;
WHEREAS there are 139 work locations on record in Canada where Customs
Officers work alone and have little hope of receiving timely and adequate
backup for assistance;
WHEREAS Customs Officers have stopped calling police for backup in many
locations across Canada because police response for backup has become
next-to-non-existent because of a lack of resources;
WHEREAS border security is a federal responsibility;
WHEREAS CBSA has an interpretation advising it the applicable rules of
continuity for evidence would not stand in a court of law should a Customs
Officer working alone arrest someone then proceed to deal with processing
additional traffic that would arrive at the port - rules dictate that one must keep
an eye on the arrested individual at all times, without exception;
WHEREAS meaningful border security is field-driven, hands on, and requires
eyes and ears on the ground at the front-line, and is not merely intelligence-
driven from large urban centres or Ottawa;
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April 3, 2006
WHEREAS the cannabis trade between Canada and the US is becoming a
major problem that, unless it is curbed, could significantly threaten our
legitimate trading relationship with the US;
WHEREAS a border patrol would have the capacity to both intervene as well as
gather evidence and facts on the front-line as the eyes and ears on the ground
and to then relate that information to proper authorities such as police and our
partners in the US;
WHEREAS a border patrol would only serve one master, the border, and be
able to focus its entire resources at maintaining a secure border, providing
rapid assistance to Customs Officers working alone, providing backup for
Customs Officers, and guarding unguarded roads;
WHEREAS every town, village, parish, county, municipality, and city situated
on or in close proximity to the US border has a collective and vested interest to
ensure border security is provided in a meaningful and enforceable way;
BE IT RESOLVED THAT the (City, Municipality, Village, Parish, County, Town)
of supports the Customs Excise Union Douanes Accise in its bid to have the
Government of Canada give to the Canada Border Services Agency the first-
response mandate to patrol the border between points of entry and working in
partnership with the RCMP and other police forces, that latter of whom would
act as the second-response partner along the border at and between points of
entry; and
BE IT FURTHER RESOLVED THAT this first-response mandate must be
delivered by way of a border patrol;
BE IT FURTHER RESOLVED THAT Parliament amend Bill C-26, which
creates the Canada Border Services Agency (CBSA) and establishes its
mandate, so as to broaden CBSA's mandate and grant it authority and
responsibility to have the first-response mandate between ports of entry."
Resolution #C-158-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT Correspondence Item D - 10 be received for information.
CARRIED
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April 3, 2006
D - 11 Sandra Kranc, City Clerk, City of Oshawa advising that their Council passed
the following resolution with respect to Industrial Tax Class Harmonization:
"That whereas Regional Council is on record as supporting the harmonization
of all industrial tax classes; and,
Whereas the Region expects that the harmonization to one industrial class to
be completed by 2009; and,
Whereas it is also vitally important that the Region of Durham and its member
municipalities send a clear and unequivocal message to the auto sector
industries that we will do what it takes to continue to support the retention and
growth of the auto sector in Durham; and,
Whereas actions that increase the competitive advantage of local auto sector
industries, as they compete with regions both within Canada and in the United
States, are necessary components of any responsible industrial tax strategy.
Be it resolved:
1. That the Council of the City of Oshawa urges the Regional Municipality of
Durham to send a clear message of support for the auto sector and other
Durham industries by eliminating the Large Industrial Taxation Class and
merging its members into a harmonized Industrial Taxation Class effective
in 2006.
2. That the Council of the City of Oshawa further supports and urges the use
of the Regional Tax Rate Stabilization Fund to provide the offsetting funds
necessary to carry out this tax rate harmonization without impacting other
non-industrial tax classes, and further that the Region use a portion of its
assessment growth revenues in 2007-2009 to return to the Regional Tax
Rate Stabilization Fund the monies used to offset.
3. That the Council of the City of Oshawa further urge the Region and its
member municipalities to join with area industries to facilitate a meeting with
the Provincial government to press for an end to the claw back provisions in
the Industrial Tax Class.
4. That the Council send a copy of this resolution to the Regional Municipality
of Durham for consideration in the 2006 Regional budget deliberations, and
that copies be sent to all member municipalities in Durham requesting that
they forward resolutions of support to the Regional Municipality.
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April 3, 2006
5. That further copies of this resolution be sent to all Durham MPs and MPPs,
members of Durham Regional Council, members of local Councils within
Durham Region, all Durham Chambers of Commerce and Boards of Trade,
the Durham Manufacturers Association, the Canadian Autoworkers Union
Local 222, the Durham District Labour Council, and to the Association of
Municipalities of Ontario.
Resolution #C-159-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 11 be received for information.
CARRIED
D - 12 Confidential Property Matter
Resolution #C-160-06
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item 0 - 12 be referred to the end of the agenda to be
considered during a "closed" session.
CARRI ED
D - 13 Dave Sebben, Kinsmen Club of Bowmanville advising that the club will be
holding their 18th Annual Home Show and Carnival at the Garnet B. Rickard
Recreation Complex on April 21, 22 and 23. The event will feature many local
businesses and all proceeds will be helping to support the various Kinsmen
service projects in this community. He is seeking Council's permission to place
lawn signs at strategic points throughout the community in order to advertise
this event. The signs are yellow with black lettering and measure 24 by 18
inches. They would like to put the signs up on Sunday April 16 and remove
them by Sunday April 23.
Resolution #C-161-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the request of the Kinsmen Club to place lawn signs advertising their Annual
Home Show be approved.
CARRIED
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April 3, 2006
D -14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington advising that
their Committee passed the following motion on March 9, 2006:
"WHEREAS the Municipality of Clarington and the Region of Durham have
reduced their farmland tax ratio we request the province honour its past
practice of matching the Region's tax ratio reductions by reducing the
Education taxation for the Agricultural land;
AND further, that this resolution be circulated to other local area municipalities,
Region of Durham, John O'Toole, MPP and any other local municipalities that
have implemented farmland tax ratio reduction for endorsement."
Resolution #C-162-06
Moved by Councill Robinson, seconded by Councillor Trim
THAT the resolution of the Agricultural Advisory Committee of Clarington regarding a
farmland tax ratio reduction be endorsed.
CARRIED
MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report -
March 27, 2006
Resol ution #C-163-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of March 27,2006
be approved, with the exception of Item #6.
CARRI ED
Item #6
Councillor Pingle made a disclosure of pecuniary interest with respect to Item #6
(Report PSD-030-06) and refrained from discussion and voting on the subject matter.
Councillor Pingle owns property in close proximity to the subject application.
Council Meeting Minutes
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April 3, 2006
Resolutioin #C-164-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-030-06 be received;
THAT the Draft Plan of Condominium application, submitted by Port of Newcastle
Reserve Ltd. be approved and that the Director of Planning Services be authorized to
issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report
PSD-030-06;
THAT a copy of Report PSD-030-06 be forwarded to the Durham Region Planning
Department; and
THAT all interested parties listed in Report PSD-030-06 and any delegations be
advised of Council's decision.
CARRIED
REPORTS
Report #2 - Report COD-013-06 - Tender CL2006-7 - Bowmanville Community Park,
Scoreboard Construction
Resolution #C-165-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report COD-013-06 be received;
THAT A-Con Construction Limited, Woodbridge, Ontario with a total bid in the amount
of $109,445.87 (excluding G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2006-7, be awarded the contract for
the Bowmanville Community Park, Scoreboard Construction;
THAT the total funds required in the amount of $145,000.00 ($109,445.87 tender, plus
contingencies & consulting) be drawn from 2006 Capital Budget Account #110-32-
325-83252-7401; and
THAT the By-law attached to Report COD-013-06 marked Schedule "A" authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
CARRIED
Report #3, Confidential Report PSD-033-06 - Property Matter was withdrawn from the
agenda.
Council Meeting Minutes
-18-
April 3, 2006
UNFINISHED BUSINESS
Resolution #C-166-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Orange Lodge be thanked for the presentation of the portrait of Queen
Elizabeth ".
"CARRIED"
Resolution #C-167 -06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Rules of Procedure be suspended to allow for the introduction of a motion
to reconsider a previous action of Council.
CARRIED
Resolution #C-168-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the actions taken by Council at the meeting held on March 20, 2006 pertaining
to a drainage issue in Solina be reconsidered at this time.
CARRI ED
Resolution #C-169-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT the Order of the Municipal Law Enforcement Officer with respect to a drainage
concern in Solina be upheld, with a compliance date of August 31, 2006; and
THAT Mr. John Jaworski and Mrs. Deanna McDuff be advised of Council's decision.
"CARRIED"
Council Meeting Minutes
-19-
April 3, 2006
Resolution #C-170-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the delegation of Alan Vaillancourt with respect to the design of Highway #2 at
Solina Road be referred to the Durham Regional Works Committee; and
THAT Alan Vaillancourt be advised of Council's decision.
"CARRIED"
OTHER BUSINESS
Committee Appointments
Resolution #C-171-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT R. Brian Reid be appointed to the Samuel Wilmot Nature Area
Management Advisory Committee;
THAT James Franklin Rook be appointed to the Local Architectural Advisory
Committee; and
THAT the appropriate by-laws be presented to Council.
"CARRI ED"
Resolution #C-172-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be "closed" to consider Correspondence Item D - 12 regarding
a property matter.
"CARRIED"
Resolution #C-173-06
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the actions taken during the "closed" session of Council be ratified.
"CARR I ED"
Council Meeting Minutes
-20-
April 3, 2006
BY -LAWS
Resolution #C-174-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2006-066 to 2006-076, inclusive and that
the said by-laws be now read a first and second time:
2006-066 Being a by-law to assume a certain street within the Municipality of
Clarington as public highway in the Municipality of Clarington
2006-067 Being a by-law to amend By-law 2005-145, a by-law respecting the
appointment of a Chief Building Official, Building Inspectors, Plumbing
Inspectors and Fire Safety Inspectors
2006-068 Being a by-law to amend By-law 2004-019, a by-law to appoint Members
to the Municipal Heritage Committee (formerly Local Architectural
Conservation Advisory Committee) for the Municipality of Clarington
2006-069 Being a by-law to amend By-law 2004-014, a by-law to appoint Members
to the Clarington Traffic Management Advisory Committee for the
Municipality of Clarington
2006-070 Being a by-law to amend By-law 2004-024, a by-law to appoint Members
to the Samuel Wilmot Nature Area Management Advisory Committee for
the Municipality of Clarington
2006-071 Being a by-law to amend By-law 2004-026, a by-law to appoint Members
to the Clarington Highway 407 Community Advisory Committee for the
Municipality of Clarington
2006-072 Being a by-law to amend By-law 2004-025, being a by-law to appoint
Members to the Clarington Library Board
2006-073 Being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and A-Con Construction Limited, Woodbridge,
Ontario to enter into agreement for the Bowmanville Community Park,
Scoreboard Construction
2006-74 Being a by-law to approve the expropriation of 46 East Beach Road,
Part of Lot 9, Broken Front Concession, former Town of Bowmanville,
now in the Municipality of Clarington, in the Regional Municipality of
Durham, which land is more particularly described in the parcel register
identified by parcel identification number 26646-0019 in the Land Titles
Office for the Land Registry Division of Durham (No. 40) as shown on
the draft plan of survey contained in Schedule 1 hereto on behalf of the
Council Meeting Minutes
-21-
April 3, 2006
Council of the Municipality of Clarington as the approving authority under
the Expropriations Act, and to authorize the Mayor and Clerk to execute
a Certificate of Approval under the aforesaid Act
2006-075 Being a by-law to expropriate 46 East Beach Road, Part of Lot 9, Broken
Front Concession, former Town of Bowmanville, now in the Municipality
of Clarington, in the Regional Municipality of Durham, which land is more
particularly described in the parcel register identified by parcel
identification number 26646-0019 in the Land Titles Office for the Land
Registry Division of Durham (No. 40) as shown on the draft plan of
survey contained in Schedule 1 hereto for the purposes of a district park
pursuant to the Municipal Act, 2001, S.O. 2001
2006-076 Being a by-law to authorize the Mayor and Clerk on behalf of the
Municipality of Clarington to execute an expropriation plan of 46 East
Beach Road, Part of Lot 9, Broken Front Concession, former Town of
Bowmanville, now in the Municipality of Clarington, in the Regional
Municipality of Durham, which land is more particularly described in the
parcel register identified by parcel identification number 26646-0019 in
the Land Titles Office for the Land Registry Division of Durham (No. 40)
as shown on the draft plan of survey contained in Schedule 1 hereto in
accordance with Section 9 of the Expropriations Act
"CARRIED"
Resolution #C-175-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-066 to 2006-076, inclusive be
approved.
"CARRIED"
Councillor Pingle stated a pecuniary interest earlier in the meeting, and refrained from
voting on the confirming by-law.
Council Meeting Minutes
-22-
April 3, 2006
CONFIRMING BY-LAW
Resolution #C-176-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-077 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
3rd day of April, 2006, and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-178-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-077 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-179-06
Moved by Councillor Foster, seconded by Councillor Schell
THAT the meeting adjourn at 8:13 p.m.
"CARRIED"
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MAYOR
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