HomeMy WebLinkAbout04/18/2006 i
Claringtoll
'"t'" Council Meeting Minutes
April 18, 2006
Minutes of a regular meeting of Council held on April 18, 2006, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
i
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
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Also Present: Chief Administrative Officer, F. Wu
Manager, Transportation and Design, L. Benson
Director of Community Services, J. Caruana
(attended until 8:00 p.m.)
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 8:00 p.m.)
Director of Corporate Services, M. Marano (attended until 8:00 p.m.)
Director of Finance/Treasurer, N. Taylor (attended until 8:00 p.m.)
Director of Emergency Services, G. Weir (attended until 8:00 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Pingle indicated that she would be stating a pecuniary interest with respect
to Confidential Report PSD-043-06 (Report#3) and By-law 2006-085.
MINUTES
Resolution #C-180-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on April 3, 2006, be approved.
"CARRIED"
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Council Meeting Minutes - 2 - April 18, 2006
Councillor Schell announced that the Planning Services Department received the
Partnership & Business Award from the Board of Trade at their Annual General
Meeting on April 13, 2006. Councillor Schell further stated that the Planning Services
Department staff received this award because of their outstanding work with the
agricultural community, the Community Improvement Plans, the Energy Park and
Science and Technology Park. Councillor Schell presented the award to David
Crome, Director of Planning Services.
PUBLIC MEETING
A public meeting is being held to consider the passage of a by-law to stop up and
close as a public highway a portion of an unopen road allowance situated between
Lot 26 and Lot 27, Concession 5, former Township of Clarke, now in the Municipality
of Clarington and further identified as Part 1 on Reference Plan 40R-24130.
No one spoke in opposition to or in support of this matter.
PRESENTATION
Resolution #C-181-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the agenda be altered to add a presentation to Gord Sharp and to add
Zena Burns to the list of delegations.
“CARRIED”
Resolution #C-182-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the agenda be altered to make the presentation to Gord Sharp upon his arrival.
“CARRIED”
Mr. Sharp did not attend the meeting and therefore the presentation will be
rescheduled.
DELEGATIONS
Geraldine Fielder addressed Council regarding Report PSD-035-06 (Item #4 of
Report #1). Ms. Fielder expressed her concerns regarding the notice to residents
regarding the development and regarding the impact the proposed development may
have on the area water supply. She stated she would be happy if a fund were set
Council Meeting Minutes - 3 - April 18, 2006
aside by the developer. The funds would be drawn from by the residents, as required,
to front any costs for water in the event their wells are negatively affected. Ms. Fielder
questioned how long residents may have to wait to get water in the event their wells
do run dry.
Tammy Robitaille addressed Council regarding Report PSD-035-06 (Item #4 of
Report #1). Ms. Robitaille advised that she had not yet had the opportunity to meet
with staff to research the Municipality of Clarington’s well interference policy but did
have the opportunity to discuss the matter with Region of Durham staff. She reported
that it is her understanding that the developer will be required to file a $10,000 bond
that would be held in trust by the Region of Durham until such time as all the wells in
the development are registered. She is concerned, however, that some of the
properties will not be developed in the near future and that the funds will be released
back to the developer and will not be available at such time as those property wells
are dug/drilled. Ms. Robitaille is looking for some reassurance that the funds will be
available. She further stated that residents are wanting a park in their community.
Ms. Robitaille recommended that lots 1, 2 and 3 be used in addition to the designated
park lands to develop a true park including sports fields for the community. Ms.
Robitaille also advised that residents do not want another entrance on to Old Scugog
Road near the school.
Linda Gasser addressed Council with respect to Correspondence Item D-14 related to
the 407 East Environmental Assessment (EA); a process that began in 2002. The EA
study is currently at the stage where the Project Team is finalizing an earlier
December 2005 draft document—an assessment of Transportation Problems and
Opportunities—which was not released to the general public but to select
stakeholders only. Their stated intention is to bring forward the documents including
the maps, charts and displays, along with their recommended Preferred Alternative to
the Public Information Centres (PICs) in late May and early June. They have chosen
a “drop-in” format for these PICs with no structured presentation to put any of this
material, nor their decision, into context. Ms. Gasser requests the following:
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Request a structured presentation to Council at an evening meeting, prior to
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the May 30 PIC
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Request that the format for the May 30 and future Clarington PICs be
amended to include a structured presentation and Question and Answer
session in addition to the drop-in option
Zena Burns provided Council with background on Bill 8, Children’s Law Reform
Amendment Act. Ms. Burns stated that currently grandparents and other family
members are not entitled to know when their grandchildren are placed in protective
custody. All too often, she stated, they are placed in foster care and she believes they
should be with their grandparents. Ms. Burns emphasized the importance of the
relationships between grandparents and grandchildren and is concerned with the
long-term effects where there is no relationship. She requested that Council endorse
Bill 8 which, if passed, will secure grandparents the legal right to see their
grandchildren, if in the opinion of the Courts, it is in the best interests of the children.
Council Meeting Minutes - 4 - April 18, 2006
COMMUNICATIONS
Resolution #C-183-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the communications to be received for information be approved as per the
agenda, with the exception of Items I - 10 and I - 12.
“CARRIED”
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
Meeting held on March 21, 2006.
I - 2 Minutes of the Central Lake Ontario Conservation Authority Meeting held on
March 21, 2006.
I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee
Meeting held on April 4, 2006.
I - 4 Minutes of the 2006 Annual General Meeting of the Tyrone Community Centre.
I - 5 Durham Region Planning Department forwarding a copy of the 2005 Annual
Building Permit Activity Review.
I - 6 The Honourable Jim Flahery, Minister of Finance advising that the Harper
Government has been elected to initiate positive change for Canadians and
they intend to start by focusing on five specific priorities, as follows:
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Cleaning up government, by passing the Federal Accountability Act;
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Reducing the tax burden on Canadians, starting with a one percent cut
to the GST;
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Making our streets and communities safer by cracking down on crime
and introducing mandatory minimum sentences;
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Supporting families by providing a $1,200 per year Choice in Child Care
Allowance for each child under six;
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And working with the provinces to improve health care by establishing a
Patient Wait Times Guarantee
Over the coming weeks and months, he hopes to work closely with our office to
transform these priorities into reality. Assisting him in this endeavour will be
Susan McGovern, who has assumed the role of Director of Regional Affairs in
his Toronto office.
Council Meeting Minutes - 5 - April 18, 2006
I - 7 Isabel Grace, Superintendent of Business and Finance, Peterborough Victoria
Northumberland and Clarington Catholic District School Board advising of the
following trustee determination and distribution of the School Board:
Peterborough County 1 Trustee
Peterborough City 2 Trustees
Victoria County 1 Trustee
Northumberland County 1 Trustee
Municipality of Clarington 2 Trustees
I - 8 Jeanette Barrett, Dean, School of Career Development and Continuing
Education advising of Job Connect, a Provincial Youth Employment program
funded by the Government of Ontario. The program assists unemployed youth
who are out of school, work or training and provides them with a wealth of
employment resources to better prepare them for the world of employment.
Job Connect has been in operation for over 9 years and in Durham Region has
annually assisted thousands of unemployed youth with employment
opportunities, apprenticeship, workshops and for some, counseling to return to
school in an effort to meet their long term goals of employment. As per the
provincial initiatives under the Ministry of Training Colleges and Universities,
this program will be expanding to incorporate and reflect the provincial plan of
One Stop. As a result of this direction, Durham College is responsible for the
Clarington area effective April 1, 2006.
I - 9 Debbie Zimmerman, Chair, MPAC Board of Directors providing an update on
the changes they are planning as part of the response to the Report of the
Ombudsman of Ontario. The Board welcomed the Ombudsman’s review when
it began in October and have cooperated fully with the Ombudsman’s office
prior to and during his review. They will continue to cooperate with the
Ombudsman’s office in the months ahead. In all, the Ombudsman made 22
recommendations. Of these:
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Since 2004, they have worked on and can implement 17
recommendations as soon as possible;
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Two recommendations are the responsibility of the provincial
government and beyond their control; and
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Three have significant resource, technology and cost implications and
require further review before they can be implemented. They are now
conducting this review.
Their detailed response to each of the 22 recommendations is posted on their
web site at www.mpac.ca.
I - 11 Joan Kellett, Director, Durham Celtic Fiddle Orchestra thanking Council for the
grant in the amount of $250. The funds will assist them in meeting their
expenses.
Council Meeting Minutes - 6 - April 18, 2006
I - 13 Fred Archibald, President, Archibald Orchards and Estate Winery advising of
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the 7 Annual Fruit Wine & Food Festival scheduled to be held on May 27,
12:00 noon to 5:00 p.m.
I - 14 Pat M. Madill, Regional Clerk, Regional Municipality of Durham advising that
Paul Foster and Warren Nicholishen have been appointed as Area Weed
Inspectors under the Weed Control Act for the Regional Municipality of
Durham.
I - 15 John R. O’Toole, MPP, Durham writing to the Minister of Education regarding
students from a local high school smoking on private property. He has no
doubt that this problem exists in many Ontario communities because students
who are not allowed to smoke on school property congregate near the school.
The problem is mainly high school students assembling to smoke in a walkway
adjoining the school property and the neighbourhood. The cigarette butts and
litter are an additional problem, as well as the second-hand smoke that reaches
nearby homes. Drug transactions and smoking of drugs have also been
witnessed, with very young elementary students walking home and being
exposed to this behaviour. He is confident that between the Municipality and
the School Board we can accommodate a solution. The suggestion has been
made to find a suitable “designated smoking space” the students could use.
I - 16 P.M. Madill, Regional Clerk forwarding the Durham Agricultural Advisory
Committee 2005 Annual Report and 2006 Workplan.
I - 17 P.M. Madill, Regional Clerk forwarding the Durham Environmental Advisory
Committee 2005 Annual Report and 2006 Workplan.
I - 18 Gloria Kovach, President, Federation of Canadian Municipalities advising that
Parliament has resumed and now is the time for municipal advocates to make
their voices heard. To support their efforts, they have produced an advocacy
kit and posted it on the FCM website at www.fcm.ca. Here we will find
background materials, talking points and information on key Parliamentary
contacts that can be used to communicate with our Members of Parliament.
I - 19 Enza Cancilla advising that Hydro One is in the process of upgrading its
distribution system in the Municipality of Clarington. The project involves
replacing insulators on both the high and low voltage lines serving customers
from the Park Road Distribution Station. This work is expected to be completed
by mid-April and will significantly improve reliability, including supply to Veridian
Connections Inc. in Bowmanville.
I - 20 Rhonda Barkley, Liaison, Ontario Family Fishing Weekend Steering
Committee, advising that the Province of Ontario has declared the weekend of
Friday, July 7 through Sunday, July 9, 2006 as a licence-free fishing weekend.
Council Meeting Minutes - 7 - April 18, 2006
I - 10 Debbie Zimmerman, Chair, MPAC Board of Directors, advising that in past
election years, municipalities have voiced their concerns about the number of
deceased persons on the Preliminary List of Electors (PLE) and the under-
reporting of population in the July 31 Ontario Population Report. MPAC also
receives complaints from property owners when the names of their deceased
spouses appear on annual Property Assessment Notices. This situation is a
direct result of losing access to birth and death information from Vital Statistics
due to the introduction of the Municipal Freedom of Information and Protection
of Privacy Act over ten years ago. Since the PLE is a “point-in-time” extract of
MPAC’s database and is produced almost four months prior to election day, the
information of this list rapidly becomes outdated as election day approaches.
For this reason, MPAC developed the Supplementary List of Electors, first as a
pilot program in 2000 and then as a set of fully featured products available to all
municipalities in 2003. MPAC encourages all municipalities to use the
Supplementary List of Electors as an important tool to ensure an accurate
voters’ list on election day (when elector eligibility is determined).
Resolution #C-184-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Item I - 10 be received for information.
“CARRIED”
I - 12 Kaye Quinney, Treasurer, Clarington East Food Bank thanking Council for the
grant in the amount of $1,500. The grant will assist them in helping to meet
some of the needs of those in our communities who are hurting at this present
time.
Resolution #C-185-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Item I - 12 be received for information.
“CARRIED”
Council Meeting Minutes - 8 - April 18, 2006
CORRESPONDENCE FOR DIRECTION
Resolution #C-186-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 12 to D - 15, inclusive.
“CARRIED”
D - 1 Jack Higgins, Sponsorship Committee Chairman, 172 Squadron Royal
Canadian Air Cadets request Council’s approval to hold tag days on April 28,
29 and 30 at various high traffic locations throughout the municipality.
(Tag Days approved for April 28, 29 and 30,
2006)
D - 2 N. Monaghan, Ontario Federation of Anglers and Hunters requesting Council to
revisit the issue of Sunday hunting in the Municipality.
(To advise of actions taken with respect to
this matter on April 3, 2006)
D - 3 Brydon CS Eady, a third year International Relations and Development student
at the University of Windsor Ontario writing about any possible funding
regarding the inaugural International Co-Op for the University of Windsor. He
and five others from the school will be traveling to Ecuador from May 5 until
August 15, 2006. They will all spend one week training in Quito and then
spend the next three months living with an Ecuadorian family. He could be
working with local businesses, in a doctor’s office, teaching young girls,
teaching English or working on a farm.
(To advise of Municipal Grant Policy)
D - 4 Paul Rowan, Parade Co-ordinator, Tyrone Spirit Day Committee requesting
permission to hold a parade on June 10, 2006. The parade will commence at
10:00 a.m. and will conclude by 11:00 a.m.
(Approved, provided the organizers apply for
and obtain a Road Occupancy Permit from
the Engineering Services Department)
D - 5 Play Works forwarding information pertaining to the Youth Friendly Community
Recognition Program 2006. They are searching for communities in Ontario that
are youth friendly, ie, a community that actively supports and provides
opportunities for the growth and development of youth (ages 13-19) through
play.
(Correspondence referred to the Director of
Community Services)
Council Meeting Minutes - 9 - April 18, 2006
D - 6 Cathy McNeill writing regarding the need for a double base liner at the Port
Granby site. She questions why, if a double line is recommended for the Port
Hope facility, one isn’t being recommended for the Port Granby site. We may
not have housing as close to the site as Port Hope, but Port Granby creek will
be in close proximity to the new waste site and this should be reason enough
for a second liner. If we are seriously concerned about the health of our
residents and want them to have confidence in the safety of the facility, she
recommends that a waste site that is equal to the Port Hope site in safety be
provided.
(Correspondence referred to the Director of
Planning Services)
D - 7 Steven Finlay, Executive Director, Community Living Oshawa/Clarington
requesting the proclamation of the month of May as “Community Living” month.
The Association has been in the Oshawa/Clarington community for over 50
years. Initiated by a small support group of parents, the agency has grown into
an accredited agency supporting over 400 children and adults and their
families.
(Proclaimed)
D - 8 Jim Bradley, Minister Responsible for Seniors requesting proclamation of June
as Senior’s Month and June 15 as World Elder Abuse Awareness Day in the
Municipality of Clarington. This year’s Seniors’ Month theme is Active Living:
Healthy Living.
(Proclaimed)
D - 9 Laurie Davis forwarding her resignation from the Animal Advisory Committee.
She has been on the Committee since its formation and feels that the
Committee has achieved many accomplishments over the years.
(Ms. Davis thanked for her dedication to the
Committee and correspondence referred to
the Municipal Clerk)
D - 10 Sally Barrie, Administrator, Community Care Durham-Clarington requesting
proclamation of Community Care Tag Days on June 1, 2 and 3, 2006. This
annual event plays a key role in the fundraising efforts to assist local
Community Care programs.
(Tag Days approved for June 1, 2 and 3,
2006)
D - 11 Blake and Trina Inkster, Arlene Inkster submitting their formal protest against
the development of woodland property in the are of Old Varcoe Road and
Varcoe Road, specifically on the planned development in Lots 31, 32, 33 and
34. Their protest of the destruction of the woodland has three elements:
Council Meeting Minutes - 10 - April 18, 2006
1. The development will negatively affect the natural beauty and aesthetics
of the Varcoe and Old Varcoe Road area.
2. Development of Lots 31, 32, 33 and 34 will pose a traffic hazard.
3. This development will negatively impact their property value.
(Correspondence referred to the Director of
Planning Services)
D - 12 Chris West, President, Downtown Pontiac-Buick-GMC, St. Marys advising that
with the loss of the auto pact and the importance of the auto industry, it is
essential an automotive strategy be developed immediately. The jobs of one
auto worker and three parts workers generate about $40,000 to the provincial
and federal governments in income taxes. These taxes fund health, education
and social programs. These same workers spend about $120,000 in their local
economies with a further $18,000 going to federal and provincial sales taxes.
This leads to more business taxes from merchants. For every Canadian GM,
Ford or Chrysler auto worker, that’s $58,000 generated to pay for education,
health care, retirement and other social programs. More than 50 percent of
Canadians are choosing GM, Ford or Chrysler as against those of 23 other
import manufacturers. All three of these trustworthy North American
companies build great products and are achieving outstanding recognition.
With this in mind, it is a must that we re-develop an automotive strategy today.
Mr. West encloses an acceptable strategy, consisting of 13 recommendations.
Resolution #C-187-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D - 12 be received; and
THAT Chris West be advised of the previous actions taken by Council in supporting
General Motors of Canada.
“CARRIED”
D - 13 Connie Vail, Public Health Nurse, Durham Region Health Department writing
regarding ATV safety and illegal use of ATVs on roads and private property and
requesting that Council adopt the following resolution which has recently been
passed by Durham Region Council:
“WHEREAS the current Off-Road Vehicle Act states that no owner of an off-
road vehicle shall permit a child under the age of 12 years to drive such a
vehicle except when the child is driving the vehicle on land occupied by the
vehicle owner or under the close supervision of an adult; and
WHEREAS retail sales of off-road or all-terrain vehicles (ATVs) in Ontario have
increased dramatically from 5,704 in 197 to 21,188 in 2004; and
Council Meeting Minutes - 11 - April 18, 2006
WHEREAS ATV-related injuries are the only type of injury on the rise while
other types of injuries are decreasing; and
WHEREAS children less than 16 years of age account for almost one-third of
ATV injury-related hospital emergency visits; 30% or more of ATV injury
hospitalizations and almost half of all ATV-related deaths; and
WHEREAS ATVs range in size from 50cc to 700cc engines and weigh up to
274 kg (600 lb.) with speed capabilities as fast as 75 mph; and
WHEREAS ATV steering is complex and according to the Canadian Pediatric
Society (CPS), children and young adolescents lack the knowledge, physical
size and strength, and cognitive and motor skills to operate ATVs safely; and
WHEREAS the CPS has developed a set of evidence-based recommendations
aimed to improve ATV safety for children; and
WHEREAS the Government of New Brunswick, for example, struck a multi-
stakeholder ATV task force that developed a set of comprehensive
recommendations in the following areas: public safety; environmental
protection; enforcement; legislation; trail networking; education and funding;
NOW THEREFORE BE IT RESOLVED that the Government of Ontario is
urged to strike a multi-stakeholder ATV Task Group to develop a
comprehensive, evidence-based approach including amendments to the Off-
Road Vehicles Act, to promote ATV safety and prevent ATV injuries,
particularly in children; and
BE IT FURTHER RESOLVED that the Premier of Ontario, Ministers of Children
and Youth Service, Health and Long-Term Care, Health Promotion and
Transportation, alpha, OPHA and all Ontario Boards of Health are so advised.”
Resolution #C-188-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 13 be received; and
THAT the resolution of the Regional Municipality of Durham with respect to ATV
safety be endorsed by the Council of the Municipality of Clarington.
“CARRIED”
Council Meeting Minutes - 12 - April 18, 2006
D - 14 Linda Gasser, writing with respect to the 407 Project Team’s Public Information
Centres (PICs). The PICs will kick off in Bowmanville on May30, 2006 at the
Garnet Rickard Recreation Complex. The project Team has stated that they
intend to conduct the PICs as “drop-in” centres, with project display material
and staff available to answer any questions. Drop-in formats place the onus on
individuals to inform themselves and may be useful for less complex projects,
however, the sheer volume and complexity of the material/issues relating to the
407 EA study to date is overwhelming and the history of the project is rather
convoluted. She urges Council to request the Project Team to reconsider their
decision about the PIC format and to include a structured presentation with a
subsequent Q&A Session in addition to the basic drop-in option, beginning with
this round of PICs. She also urges Council to request the Project Team to
present an “EA update” to Council before May 30, including issues that would
be covered in material available at the first round of PICs. A letter requesting
the same has also been forwarded to Doug Allingham, 407 East Consultant
Project Manager.
Resolution #C-189-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the Ministry of Transportation be requested to undertake the most effective
means of public consultation so that all the residents of Clarington can be informed on
the proposals for Highway 407, including meetings with the Clarington Highway 407
Committee and the Clarington Agricultural Advisory Committee;
THAT the Ministry of Transportation be requested to present their EA Update to
Council on Monday, May 29, in advance of the public information centres; and
THAT Linda Gasser be thanked for her delegation.
“CARRIED”
D - 15 Chris Somerville, Township Clerk, Township of King advising that their Council
passed the following resolution:
“WHEREAS the Council of the Corporation of the Township of King has
received numerous complaints regarding recent changes in the delivery of mail
in the rural communities; and
Local Canada Post offices have replaced many traditional rural mailboxes
located at the end of rural lanes in favour of community mailboxes throughout
the Township of King; and
Council Meeting Minutes - 13 - April 18, 2006
In most instances, these changes have been undertaken without any advance
notice, with mail delivery simply being stopped until the community mailboxes
can be installed; and
No arrangements had been made for the interim delivery of mail resulting in
many residents and business people being greatly inconvenienced during the
transition period and forced to go looking for their mail at the local post office,
which in some cases is a long distance away; and
Local Post Office staff advised that the reasons for these changes is due in part
to mailboxes that are located by the roadsides presenting unsafe delivery
conditions, and a recent change in the status of rural mail carriers from
contractor to employee has resulted in Canada Post making efforts to improve
working conditions for the carriers; and
Canada Post carriers have been delivering mail to the existing rural mailboxes
for decades, providing one of the few visible and very essential services these
residents and business people receive;
NOW THEREFORE, IT IS RESOLVED THAT:
1. Canada Post be advised that residents and businesses of the rural areas in
the Township of King prefer to retain their existing individual mailboxes
which continue to play an important role in providing an affordable postal
service of the highest quality.
2. In the event of unavoidable future mailbox changes, Canada Post ensure
that all affected residents receive advance notice of what is planned, with
information on how the mail delivery will be handled during the transition
period, where the new community mailboxes will be located and when they
will be available for use.
3. Council of the Corporation of the Township of King requests that Canada
Post review the standards for rural mailbox locations and establish realistic
requirements.
4. Canada Post provide rural mail carriers with a flashing light and signage for
their vehicles for increased visibility and safety.
5. The Canada Post website indicates it is Canada Post's goal "to be a world
leader providing innovative physical and electronic delivery solutions,
creating value for our customers, employees and all Canadians" - it is also
important that its traditional values of dependability and service not be
ignored.
Council Meeting Minutes - 14 - April 18, 2006
6. This resolution be forwarded to Peter Van Loan MP York-Simcoe, Lui
Temelkovski MP Markham-Oak Ridges-King, Julia Munroe MPP York-
North, Greg Sorbara MPP Vaughan-King-Aurora, Canada Post, the
Township Post Offices and to the Association of Municipalities of Ontario to
be circulated to all the municipalities in Ontario for support.”
Resolution #C-190-06
Moved by Councillor Robinson, seconded by Councillor Robinson
THAT Correspondence Item D - 15 be received;
THAT the resolution of the Township of King regarding rural mail delivery be endorsed
by the Council of the Municipality of Clarington; and
THAT The Honourable Jim Flaherty, Minister of Finance and Bev Oda, MP be advised
of Council’s decision.
“CARRIED”
MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report - April 10, 2006
Resolution #C-191-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of April 10, 2006 be
approved.
“CARRIED”
Resolution #C-192-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Confidential Reports EGD-024-06 and PSD-043-06 be referred to the end of
the agenda to be considered during a “closed” session of Council.
“CARRIED”
Council Meeting Minutes - 15 - April 18, 2006
Resolution #C-193-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report OPD-004-06 be received; and
THAT the transfer of the grass maintenance responsibilities along Regional Roads in
the urban areas, as outlined on Attachment No. 1 to Report OPD-004-06 commencing
May 1, 2006, be approved, subject to the Region of Durham’s acceptance of the terms
and conditions outlined in Report OPD-004-06.
“CARRIED”
Resolution #C-194-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report OPD-005-06 be received;
THAT a lease agreement between the Municipality of Clarington and Darul Uloom be
approved, as set out in Schedule “A”, Attachment #1 to Report OPD-005-06; and
THAT the by-law attached to Report OPD-005-06 as Attachment #2 be approved
authorizing the Mayor and Clerk to execute the necessary agreement.
“CARRIED”
Resolution #C-195-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-042-06 be received;
THAT Council, as the Approval Authority under subsection 5(1) of the Expropriations
Act, pass a by-law to approve the proposed expropriation for the purposes of a district
park of the lands more particularly described as 66 East Beach Road, Lots 1 & 2,
Block “A”, Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham
(No. 40) shown on the draft plan of survey contained in Attachment 1 to Report
PSD-042-06, and to authorize the Mayor and Clerk to execute a Certificate of
Approval of the expropriation;
THAT Council pass a by-law to expropriate the land for the purposes of a district park
pursuant to the Municipal Act, 2001;
Council Meeting Minutes - 16 - April 18, 2006
THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the
Municipality to execute an expropriation plan of the land and cause the plan to be
registered in the proper land registry office pursuant to subsection 9(1) of the
Expropriations Act; and
THAT all interested parties listed in Report PSD-042-06 and any delegation be
advised of Council's decision.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-196-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the delegation of Zena Burns regarding Grandparents’ Rights be referred to the
Municipal Clerk for preparation of a report on the subject matter; and
THAT Zena Burns be advised of Council’s decision.
“CARRIED”
OTHER BUSINESS
Mayor Mutton advised that the final Regional budget meeting is being held on
Wednesday, April 19 and that currently the increase for the Regional portion of
the budget is 2.75 percent.
Resolution #C-197-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be “closed” to consider Confidential Reports EGD-024-06 and
PSD-043-06 regarding property matters.
“CARRIED”
Resolution #C-198-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken during the “closed” session of Council be ratified.
“CARRIED”
Council Meeting Minutes - 17 - April 18, 2006
BY-LAWS
By-law 2006-092 was withdrawn from the agenda.
Resolution #C-199-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2006-078 to 2006-084, inclusive, By-laws
2006-086 to 2006-091, inclusive, and By-law 2006-093 and that the said by-laws be
now read a first and second time:
2006-078 Being a by-law to authorize entering into an amending agreement with
the Owners of Plan of Subdivision 40M-2225, any Mortgagee who has
an interest in the said Lands, and the Corporation of the Municipality of
Clarington in respect of 40M-2225
2006-079 Being a by-law to govern the Clarington Heritage Committee (LACAC)
and for the appointment of members thereto
2006-080 Being a by-law to establish, layout and dedicate certain lands as public
highway in the Municipality of Clarington
2006-081 Being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Crozier Mechanical Inc., Orono, Ontario,
to enter into agreement for the HVAC Upgrades at Garnet B. Rickard
Recreation Complex
2006-082 Being a by-law to authorize entering into an Agreement with the Owners
of Plan of Subdivision 18T-90036 and any Mortgagee who has an
interest in the said Lands, and the Corporation of the Municipality of
Clarington in respect of 18T-90036
2006-083 Being a by-law to declare a portion of an unopen road allowance
situated between Lot 26 and Lot 27, Concession 5, former Township of
Clarke, now in the Municipality of Clarington and further identified as
Part 1 on Reference Plan 40R-24130 to be surplus and to stop up and
close as a public highway a portion of an unopen road allowance
situated between Lot 26 and Lot 27, Concession 5, former Township of
Clarke, now in the Municipality of Clarington and further identified as
Part 1 on Reference Plan 40R-24130
2006-084 Being a by-law to authorize the conveyance of Part 1 on Reference Plan
40R-24130 to Barry and Gail Pedwell
Council Meeting Minutes - 18 - April 18, 2006
2006-086 Being a by-law to authorize the execution by the Mayor and Clerk of an
Agreement between the Municipality of Clarington and Darul Uloom for
the use of their sports fields
2006-087 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
2006-088 Being a by-law to amend By-law 2004-019, a by-law to appoint Members
to the Clarington Heritage Committee (formerly Local Architectural
Conservation Advisory Committee)
2006-089 Being a by-law to approve the expropriation of 66 East Beach Road,
Lots 1 & 2, Block “A”, Plan H-50073, 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
26646-0026 in the Land Titles Office for the Land Registry Division of
Durham (No. 40) shown on the draft plan of survey contained in
Schedule 1 hereto on behalf of the Council of the Municipality of
Clarington as the approving authority under the Expropriations Act, and
to authorize the Mayor and Clerk to execute a Certificate of Approval
under the aforesaid Act
2006-090 Being a By-law to expropriate 66 East Beach Road, Lots 1 & 2, Block
“A”, Plan H-50073, 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 26646-0026 in
the Land Titles Office for the Land Registry Division of Durham (No. 40)
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
2006-091 Being a By-law to authorize the Mayor and Clerk on behalf of the
Municipality of Clarington to execute an expropriation plan of 66 East
Beach Road, Lots 1 & 2, Block “A”, Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land
Registry Division of Durham (No. 40) shown on the draft plan of survey
contained in Schedule 1 hereto, in accordance with Section 9 of the
Expropriations Act
Council Meeting Minutes - 19 - April 18, 2006
2006-093 Being a by-law to authorize entering into an Amending Agreement with
the Owners of Subdivision 18T-88051 and any Mortgagee who has an
interest in the said Lands, and the Corporation of the Municipality of
Clarington in respect of 18T-88051
“CARRIED”
Councillor Pingle stated a pecuniary interest with respect to By-law 2006-085 and
refrained from discussion and voting on the subject matter. Councillor Pingle
indicated that she has a financial arrangement with the subjects of the by-law.
Resolution #C-200-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT By-law 2006-085, being a by-law to authorize the purchase agreement between
the Corporation of the Municipality of Clarington and Alvarina De Lemos and Maria
Celeste De Lemos to sell the property known for municipal purposes in 2006 as 46
East Beech Road, Bowmanville, Ontario and being more particularly described as Part
of Lot 9, Block, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, Regional Municipality of Durham be now read a first and
second time.
“CARRIED”
Resolution #C-201-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-078 to 2006-091, inclusive and
By-law 2006-093 be approved.
“CARRIED”
Councillor Pingle stated pecuniary interests earlier in the meeting and refrained from
discussion and voting on the Confirming By-law.
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Council Meeting Minutes
- 20-
April 18, 2006
CONFIRMING BY-LAW
Resolution #C-202-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-094 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
18th day of April, 2006, and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-203-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-094 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-204-06
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting adjourn at 8:30 p.m.
"CARRIED"
",J
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