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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
September 27,2004
Minutes of a regular meeting of Council held on
September 27,2004, at 7:00 p.m., in the Council Chambers
Councillor Schell led the meeting in prayer.
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Ping Ie
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 9:15 p.m.)
Director of Community Services, J. Caruana (attended until 9:05 p.m.)
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 9:05 p.m.)
Director of Corporate Services, M. Marano (attended until 9:05)
Director of Finance/Treasurer, N. Taylor (attended until 9:05 p.m.)
Acting Chief of Emergency & Fire Services, G. Weir (attended until 9:05 p.m.)
Administrative Assistant to the Clerk, C. Tennisco (attended until 9:05 p.m.)
Deputy Clerk, M. Knight Stanley
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
Councillor Foster indicated the he would be disclosing a pecuniary
interest with respect to Correspondence Item D - 6.
Resolution #C-471-04
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on
September 13, 2004, be approved.
"CARRIED"
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Council Minutes
DELEGATIONS
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September 27,2004
Resolution #C-472-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the following delegations be added to the agenda:
e) Josip Tomina, 2943 Solina Road North, Bowmanville, L 1C 2K4,
regarding Report CLD-31-04;
f) Peter Hogenbirk, 2987 Solina Road North, Bowmanville,
L 1 C 3K4, regarding Report CLD-31-04; and
g) Julie Jones, 1121 Elliott Road, R.R. 8 Newcastle, L 1 B 1 L9,
regarding Report PSD-116-04.
"CARRIED"
EDUCATION DEVELOPMENT CHARGES HEARING
Harold Hammond, Trinity United Church, 116 Church Street,
Bowmanville, L 1 C 1T2, appeared before Council with a concern
regarding Trinity United Church's Education Development Charges.
Mr. Hammond requested consideration to refund the Education
Development Charges assessed on their Building Permit-
June 25, 2004 in the amount of $382.96 for the following reasons:
. Non-profit organization serving the Municipality of Clarington for
169 years;
. Serves the community through faith, religion, and community
weekly activities including Scouts, Brownies, Guides, and
Sparks; and
. Building expansion is designed to enhance community services.
Mr. Hammond requested that the costs be waived as the building
will serve as an educational facility for the community.
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September 27,2004
EDUCATION DEVELOPMENT CHARGES
PUBLIC MEETING
Joel Sloggett, Manager of Planning, Kawartha Pine Ridge
Education Centre, 1994 Fisher Drive, Peterborough, K9J 7A1
appeared before Council as a representative, also on behalf of the
Peterborough Victoria Northumberland and Clarington Catholic
District School Board, 1355 Lansdowne Street West, Peterborough,
K9J 7M3, advised Council that the application does fall within the
definition of the by-law and that Mr. Hammond's application would
be subject to the Education Development Charges. He suggested
that refunding this amount would set a precedent and requested
that Council deny the request.
Resolution #C-473-04
Moved by Councillor Schell, seconded by Councillor Trim
THAT the agenda be altered to allow for the consideration of
Mr. Hammond's request regarding the Education Development
Charge at this time.
"CARRIED"
Resolution #C-474-04
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the delegation of Mr. Hammond regarding the Education
Development Charge be referred to staff.
"CARRIED"
In accordance with Section 150 of the Municipal Act, 2001, c. 25, a
public meeting is being held to hear concerns and comments with
respect to the Municipality's proposed by-law to regulate and
govern taxi and limousine businesses in the Municipality of
Clarington (Report CLD-30-04).
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Council Minutes
PUBLIC MEETING
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September 27,2004
The following taxi owners/brokers spoke in opposition:
William Smale, Owner/Broker, Clarington Cab, 194 Church Street,
Bowmanville, L 1 C 2Y5, stated the following concerns in regards to
the proposed taxi by-law:
.Increased costs to the taxi drivers
low income job;
drivers currently incur the costs for a Taxi Driver Permit,
photos, driver's abstract and criminal checks; increase for Taxi
Driver Permit would be from $20.00 up to $105.25 per year;
and
Owner/Broker licence increase from $25.00 to $316.00 per
year.
Mr. Smale stated the above increases, along with the high cost of
insurance (approximately $5,000.00 per vehicle), is unacceptable.
Joe Fernades, Owner/Broker, Joe's Bowmanville Taxi, 169 King
Street East, Bowmanville, L 1 C 1 N9, addressed Council regarding
the high costs of operating a taxi business in Clarington. He is
opposed to the proposed by-law for the following reasons:
. Number of Taxi Companies Operating in Clarington
too many taxi companies allowed to operate in Clarington; and
three to four days a week his cabs are sitting in the driveway
In closing, Mr. Fernades stated he has invested a large amount of
money on his vehicles and is requesting a meeting with Municipal
Law Enforcement to stop the opening of new taxi companies in
Clarington.
Resolution #C-475-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the agenda be altered to allow for the consideration of
Report CLD-30-04 Proposed Taxi Licencing By-law at this time.
"CARRIED"
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Council Minutes
PUBLIC MEETING
DELEGATIONS
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September 27,2004
Resolution #C-476-04
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report CLD-30 -04 be received;
THAT the proposed Taxi Licencing By-law be referred back to Staff
for further processing and the final presentation following the
receipt of comments from all interested parties; and,
That the interested parties listed in Report CLD-30-04 and any
delegations be advised of Council's decision.
"CARRIED"
Glenn Van Dam, 8063 King Street, ViI/age of Haydon, LOB 1 MO
regarding Report CLD-29-04 was called but was not present.
James Bouillon, 10308 Old Scugog Road, Burketon, LOB 1BO
addressed Council regarding the Order to Restrain - Report
CLD-29-04. Mr. Bouillon is requesting the Order be withdrawn
based on the following:
report is not accurate; 3 different incident reports were
submitted; and
it was not their dog involved in the attack; they were not at
home at the time of the incident.
Mr. Bouillon stated there is an impending law suit and he requested
that the Order to Restrain be withdrawn as they are currently in
compliance with the Order to Restrain except for muzzling their
dog.
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Council Minutes
DELEGATIONS
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September 27,2004
Laurie Graham, 4673 Concession Road 1, R.R. #8, Newcastle,
L 1 B 1 L9, addressed Council with her concerns regarding Report
PSD-116-04. Ms. Graham is opposed to the recommendations
contained in Report PSD-116-04 and feels residents have been
misled and stated the following:
resides Y. kilometre west of Elliott Road and can see the
proposed dump station from their back yard;
alternate forms of transporting of waste and routes have not
been investigated such as rail;
concern for the safety of her 3 children as a heavy flow of
trucks will be rumbling by and her children would not be able to
ride their bikes in a safe environment;
noise and air pollution; trucks creating dust and dangerous
chemicals in the air; and
disturbing the natural environment in the area; deer reside in
the neighbourhood.
In closing Ms. Graham requested that Council defer their vote and
not proceed with Concept II as there are too many unanswered
questions.
Ann Fennell, 95 Padfield Drive, Bowmanville, L 1C 5H6 - Report
PSD-111-04 "Official Plan Amendment COPA 2004-004" was
called but was not present.
Josip Tomina, 2943 Solina Road North, Bowmanville, L 1C 3K4,
addressed Council with his concerns regarding Report CLD-31-04
as follows:
His neighbour is operating an illegal commercial business on
twelve acres of property; property is zoned agricultural;
Drainage has been affected by the planting of trees on the
neighbour's property;
Noise - business is beginning operation at 6:00 a.m. and going
through until 7:00 p.m.; non compliance of Noise By-law; and
Shotguns being fired off in the backyard during the evening;
Mr. Tomina fears his cattle being injured.
Mr. Tomina requested that the business move to an industrial area,
the barn on the premises be demolished, and the business stop
operation until the proper zoning is in place.
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Council Minutes
DELEGATIONS
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September 27, 2004
Peter Hogenbirk, Owner, Birk's Landscaping, 2987 Solina Road
North, Bowmanville, L 1 C 3K4 addressed Council regarding Report
CLD-31-04. Mr. Hogenbirk stated when he purchased the property
the previous owner operated Keggenhoff's Poulty Farm on the
premises and two other landscaping companies were operating on
Solina Road, Bowmanville. In his defence he stated the following:
He does not own a shotgun;
He was unaware of any concerns until Municipal Law
Enforcement Officer informed him of a complaint;
Drainage is poor; all of the properties in the area are very low
and the water typically drains out slowly;
He is not operating heavy equipment from the business;
He ceased dealing with the suppliers that were coming before
7:00 a.m.; and
In June of this year he began operating in Whitby.
Mr. Hogenbirk is willing to submit an application to legalize his
property when the Greenbelt Protection Act is lifted and his
intentions are to have Whitby the main location of the business.
Julie Jones, 1121 Elliott Road, R.R. 8 Newcastle, L 1 B 1 L9, stated
her following concerns regarding the ethics and morals of Report
PSD-116-04:
She looked for a country property/house with charm and
potential, land to raise beef cattle and a horse or two to ride.
The house had to have a vista, be located out of town, have the
possibility of being a bed & breakfast, close to water and snow
skiing facilities; not in Port Hope as there is nuclear waste, and
no hydro lines
- In the spring of 2004 a neighbour tipped her off to what she calls
"Port Granby's dark well known secret"; a radioactive dump not
in her back yard but in her front yard - two km away; and
- Plans to dig this up, move it one km north closer to her home,
and there are going to be upwards of 50,000 trucks passing the
corner of her property and then bury it in a mound three stories
high; gone is the peace and tranquility, gone is the lake view,
and gone is the thought of a Bed & Breakfast;
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Council Minutes
DELEGATIONS
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September 27, 2004
Ms. Jones is asking herself how, in good conscience, she can
request people to pay to stay at this historic B&B with the threat of
nuclear waste and, as a hundred dump trucks a day roll on by the
property. How can she sell the property? As a responsible home
owner she is required to disclose the LLRWS. Morally and ethically
she is placed in a "no win" situation. She stated that the Port Hope
Initiative signs posted on Lakeshore are falsely misleading. She
requested that the morals of her municipal government be higher
than her own and asked Council when they vote to protect and
serve the residents and that a comprehensive panel review
environmental assessment be performed on both options.
Resolution #C-477-04
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 8:15 p.m.
Correspondence Item I - 16 was distributed as handout.
Resolution #C-478-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information, including
the handout item, be approved with the exception of Items I - 6 and
1-8.
"CARRIED"
Phil Perrin, Managing Director, Limestone Learning Foundation,
thanking Council for the donation in support of Shawn Broome's
cross-Canada trip.
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Council Minutes
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September 27,2004
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated September 14, 2004.
Minutes of the Greater Toronto Transit Authority meeting dated
August 13, 2004.
Minutes of the Local Architectural Conservation Advisory
Committee dated June 15, 2004.
Judy Malfara, Communications Officer, Kawartha Pine Ridge
District School Board, advising to Council that the Kawartha Pine
Ridge District School Board's annual Parent and School Council
Conference will be held on October 2, 2004 at Adam Scott
Collegiate Vocational Institute and Intermediate School in
Peterborough from 8:45 a.m. - 3:30 p.m. Craig Kielburger, founder
of Free the Children will be the keynote speaker.
John O'Toole, MPP, Durham, submitting to Council a copy of
correspondence from The Honourable Dwight Duncan, Minister of
Energy, in response to the Regional Municipality of Durham's
resolution regarding the ministry's Request for Information/Request
for Qualifications for 2,500 MW of new clean generation and
demand side projects and why Priority Zone bonuses were
established.
Pat M. Madill, Regional Clerk, Regional Municipality of Durham,
advising that at a meeting held on September 8, 2004 their Council
passed the following resolution regarding Provincial Policy Reform
Initiatives (2004-P-68):
"a) THAT the Province be advised of Regional Council's general
support of the planning reform initiatives and the following
comments be offered on the Consultation Discussion Papers:
i) Planning reform should be integrated with other
initiatives, such as Greenbelt Protection and the Growth
Plan for the Greater Golden Horseshoe, to provide a
comprehensive and compelling long-term vision for the
Provincial strong communities initiative;
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COMMUNICATIONS
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September 27,2004
ii) While changes to the Planning Act will provide greater
direction and tools to municipalities, additional
complementary actions are required to:
a) Expand the definition of 'complete application';
b) Streamline environmental assessment and other
provincial regulations to expedite the delivery of
infrastructure;
c) Allow the municipalities the ability to make
decisions on applications based on the latest
provincial legislation and policies;
d) Provide funding, financial tools, and other
resources, to enable municipalities to effectively
implement programs critical to the success of the strong
communities initiative;
e) Refine the implementation tools, such as community
improvement plans, development permit system,
conditional zoning, and density bonusing;
iii) The policy directions in the PPS should be strengthened by
addressing the following:
a) Provide clear definition on what constitutes an acceptable
level of 'intensification' and 'redevelopment', including
development guidelines and measurable performance
standards to assist with implementation;
b) Develop separate and distinct provincial planning policies
for the high-growth areas, such as the Greater Golden
Horseshoe;
c) Provide strong direction to maintain a sufficient long-term
supply of employment lands;
d) Include effective policies requiring minimum affordable
housing targets for low and moderate income
households;
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September 27,2004
e) Strengthen the policies for sewage/water and
transportation systems based on designated growth
areas and the staging of infrastructure and incorporate
new policies to address the provision of human services;
f) Clarify priorities among the various policy areas in the
PPS, especially between aggregate resources and
natural heritage, and between agriculture and settlement
areas; and
iv) The recommendations of the GT A Task Force on Ontario
Municipal Board (OMB) Reform should be adopted to
redefine the role and function of the Board.
Administrative changes that assist in decision making and
provide a more user friendly OMB are supported.
b ) THAT the Province consider the above comments in conjunction
with previous submissions of the Region on Bill 26, the Strong
Communities Act, Bill 27, the Greenbelt Protection Act, Smart
Growth, Brownfields, the draft Drinking Water Source Protection
Act, the GT A Agricultural Action Plan and OMB reform; and
c) THAT a copy of Report #2004-P-68 of the Commissioner of
Planning be forwarded to the Minister of Municipal Affairs and
Housing, the Minister of Public Infrastructure Renewal, and the
local area municipalities."
Pat M. Madill, Regional Clerk, Regional Municipality of Durham,
advising that at a meeting held on September 8, 2004 their Council
passed the following resolution regarding Post Circulation
Comments and Proposed Modifications from the Ministry of
Municipal Affairs and Housing on Regional Official Plan
Amendment #89 - Oak Ridges Moraine Conservation Plan (2004-
P-67):
"a) THAT Report #2004-P-59 of the Commissioner of Planning be
received for information;
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September 27,2004
b) THAT the Ministry of Municipal Affairs and Housing be advised
that the Region of Durham agrees with the proposed Minister's
modifications to Regional Official Plan Amendment (ROPA) #89
- Oak Ridges Moraine Conservation Plan, as presented in the
communication dated April 13 2004 from Beverly Hendry,
Regional Director, Municipal Services Office - Central, included
as Attachment #1 to Report #2004-P-59 of the Commissioner of
Planning, with the exception of proposed Minister's
modifications #2, #22, #29, #46 and #48;
c) THAT the Region of Durham requests that proposed Minister's
modifications #2, #22, #29, #46 and #48 be revised, as outlined
in Report #2004-P-67 of the Commissioner of Planning;
d) THAT the Minister of Municipal Affairs and Housing be
requested to consider and respond to the recommendations
made by Regional Council on April 16, 2003 and May 28, 2003
regarding issues which arose during the consultation process
for ROPA #89, as outlined in Section 3 of Report #2004-P-59 of
the Commissioner of Planning, prior to approval of
ROPA #89; and
e) THAT a copy of Reports #2004-P-59 and #2004-P-67 of the
Commissioner of Planning be forwarded to the Ministry of
Municipal Affairs and Housing, the area municipalities, the
conservation authorities, the City of Kawartha lakes, the
Counties of Northumberland and Peterborough and the Regions
of York and PeeL"
Pat M. Madill, Regional Clerk, Regional Municipality of Durham,
advising that at a meeting held on September 8, 2004 their Council
passed the following resolution regarding Selected Waste
Prohibited from Landfill Disposal in the State of Michigan:
"a) THAT the proposed By-law, attached to Report
#2004-WR-10 of the Commissioner of Works, confirming the
prohibition of selected municipal wastes from disposal in landfill
sites be approved and enacted; and
b ) THAT a copy of Report #2004-WR-1 0 of the Commissioner of
Works and the enacted By-law be forwarded to each of the area
municipalities for information and compliance."
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September 27,2004
Pat M. Madill, Regional Clerk, Regional Municipality of Durham,
advising that at a meeting held on September 8, 2004 their Council
passed the following resolution regarding January to June, 2004
Building Permit Activity Review (2004P-72):
"a) THAT Report #2004-P-72 of the Commissioner of Planning be
received for information; and
b ) THAT a copy of Report #2004-P-72 of the Commissioner of
Planning be forwarded to area municipalities."
Nancy Naylor, Assistant Deputy Minister, Ministry of Finance,
advising that Ontario Regulation 274/04 Section 365.1 of the
Municipal Act, 2001 becomes effective October 1, 2004 to create a
new financing tool to provide an incentive for environmental site
remediation and allow the Government to partner with
Municipalities in a program of matching education property tax
assistance to ensure Brownfields sites are at their full economic
and environmental potential.
The Urban Development Institute/Ontario advising The Honourable
John Gerretsen will hold a Workshop Series on how the process
and implementation strategies will accommodate the needs of a
growing population while addressing environmental protection
(Planning Reform and review of PPS and OMB) on Tuesday,
October 12, 2004 to be held at the Inn on the Park Hotel.
The Urban Development Institute/Ontario advising The Honourable
David Caplan will hold a Workshop Series on how the government
will implement the growth management strategy and what it will
mean to developers, municipalities, and the public ( ''Places to
Grow') on Monday, November 29,2004 to be held at the Inn on the
Park Hotel.
Paul Moist, National President, CUPE advising Council that
commencing October 5, 2004, CUPE is kicking off a multi-year effort to
take back our communities by urging members across the country to
reinvest in the public services that bind our communities together.
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September 27,2004
John O'Toole, MPP, Durham, supplying Council with a copy of a
response to Question Number 98 which was tabled in Ontario
Legislature in June in regards to the extension of the public alerting
zone in areas around nuclear power stations. The Honourable
Monte Kwinter, Minister of Community Safety and Correctional
Services, has advised that, in interest of public safety, the subject
of extending the public alerting zone is under active consideration
in the development of a revised Provincial Nuclear Emergency
Response Plan.
Resolution #C-479-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1-6 be received for information.
"CARRIED"
Association of Municipalities of Ontario, advising that the
government amended Bill 124 Regulations to Limit Conflicts of
Interest and Protect Public Safety. AMO and others involved in the
building regulatory process noted the potential conflict of interest in
having builders appoint their own inspectors. The government has
now moved to remove this provision. Municipalities will still have
the flexibility to appoint their own Registered Code Agencies under
the Act.
Resolution #C-480-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item I - 8 be received for information.
"CARRIED"
Correspondence Items D - 8 and D - 9 were distributed as a
handout.
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September 27,2004
Resolution #C-481-04
Moved by Councillor Pin;)le, seconded by Councillor MacArthur
THAT the Correspondence Items be approved as per the agenda,
including the handout items, with the exception of Items D - 4 to
D - 7, inclusive and D - S'.
"CARRIED"
Frank Liefooghe, Zeugsteeg 26, 9000 Ghent, Belgium, introducing
project "The Eco-City Project - City in Flowers" which will entail the
participation of citizens, '3nterprises, churches, introduce ecology in
school curriculum, and participation of artists and craftsmen to aid
in the threat of climate and atmospheric changes.
(Correspondence referred to the
Director of Planning Services)
Alan Cornthwaite, President, Bowmanville and District Navy
League, requesting permission to sell tags on September 30,
October 1, and October 2, 2004 pertaining to Navy League Tag
Days for 2004. As in the past, this is a major fund raiser for the
Royal Canadian Sea Cadet Corps and their Cadets will once again
be in uniform in front of businesses throughout Clarington.
(Approved to sell tags during Navy
League Tag Days)
Patrick Ryan, President, CUPE Ontario, requesting the
proclamation ofWedne~.day, October 27,2004 as "Child Care
Worker & Early Childhood Educator Appreciation Day" in
recognition of the people who work providing care to children in the
community.
(Proclaimed)
Ted Eng, President, Durham Region Federation of Agriculture,
requesting the proclamation of October 4 to 10, 2004 as "Ontario
Agriculture Week" in recognition for Ontario's Farmers to be
celebrated and make people aware of this 'celebration of
agriculture' and 'if you ate today, thank a farmer-everday.'
(Proclaimed)
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September 27, 2004
Roy Norton, Assistant Deputy Minister, President and CEO, Ontario
Exports Inc. inviting Council to participate in the "Ontario Global
Traders Awards" to recognize exporters' achievements and
contributions to the province. The deadline for nominations is
November 1, 2004.
Resolution #C-482-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Correspondence Item D - 4 be referred to the Clarington
Board of Trade.
"CARRIED"
Lawson Gay and Rick Gay, Gay Company Limited, requesting
Council name a street in the development of the Hancock
Neighbourhood Draft Plan of Subdivision 18T-92014 as "Harry Gay
Drive" in honour of their father/grandfather, founder of Gay
Construction. Gay Construction is a long-time construction
company in the Region of Durham and members of the Gay family
are principals in 1361189 Ontario Limited. Harry Gay founded Gay
Construction which built the major buildings for R.S. McLaughlin in
Oshawa. During the war the company was designated an essential
service to build all the shipping crates for transporting goods
overseas. In more recent times, Gay Construction donated the
concession area at the Garnet B. Rickard Arena and the pool at the
Courtice Community Centre. With Harry Gay's record of
achievement and philanthropy, he demonstrated his desire to
support and build this community.
Resolution #C-483-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the request of Lawson Gay and Rick Gay to name a street in
the development of the Hancock Neighbourhood Draft Plan of
Subdivision 18T-92014 as "Harry Gay Drive" in honour of their
father/grandfather, founder of Gay Construction, be approved; and
THAT Lawson Gay and Rick Gay be advised of Council's decision.
"CARRIED"
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September 27,2004
Councillor Foster stated a pecuniary interest with respect to
Correspondence Item D - 6, vacated his chair and refrained from
discussion and voting; Councillor Foster indicated that he is a
member of the Rotary Club of Courtice.
Bruce Townley, Chair, Festival Committee, Rotary Club of Courtice,
advising Council of their unique fund raising event, to celebrate the
community's heritage and diversity, while encouraging tourism and
activity to contribute to the community's vitality, tentatively booked
for May 28, 2005:
a day family festival at Garnet B. Rickard Arena including various
cultural groups providing food booths and entertainment;
- buskers, magicians, clowns, and other events for children; and
oldies dance.
The Rotary Club of Courtice would appreciate any support the
Municipality can offer the Rotary Club of Courtice with this event.
Resolution #C-484-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT a letter of support from the Municipality of Clarington be
forwarded to Bruce Townley, Festival Committee, Rotary Club of
Courtice.
"CARRIED"
Glenda Gies, President, Port Darlington Community Association
Inc., regarding concerns of the Shoreline Acquisition -
expropriation of private residential properties on East Beach Road
and requesting members of Council, Planning Services, and PDCA
to meet regarding this issue.
Resolution #C-485-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Correspondence Item D - 7 be referred to staff to arrange a
meeting as soon as possible, to include Central Lake Ontario
Conservation Authority, Port Darlington Community Association Inc.
and relevant members of Council.
"CARRIED"
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NOTICE OF MOTION
REPORTS
Report #1
G.PA Report
Sept. 20, 2004
Report #2
Order to
Restrain
Bouillon
Report #3
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September 27, 2004
Eloise Remy, a 15 year Courtice resident, requesting funds to
support her trip to Haiti to give aid following the devastation created
by hurricane Jeanne.
Resolution #C-486-04
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Correspondence Item D - 9 be received for information; and
THAT Elise Remy be advised of the grant process.
"CARRIED"
Resolution #C-487-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee
Report of September 20, 2004, be approved.
"CARRIED"
Resolution #C-488-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CLD-29-04 be received;
THAT the Order to Restrain on Tracey Bouillon be withdrawn; and
THAT Tracey Bouillon and Glenn Van Dam be advised of Council's
decision.
"CARRIED"
See Resolution #C-476-04
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Council Minutes
REPORTS
Report # 4
Municipal
Performance
Measures
Program-2003
- 19-
September 27,2004
Resolution #C-489-04
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT Report FND-021-04 be received for information.
"CARRIED"
Report #5 Resolution #C-490-04
Places to Grow Moved by Councillor Robinson, seconded by Councillor Schell
Golden Horseshoe
Report #6
Bowmanville
Community Park
Construction
THAT Report PSD-114-04 be received and endorsed as the
Municipality's comments on the Discussion Paper for "Places to
Grow" - A Growth Plan for the Greater Golden Horseshoe; and
THAT Report PSD-114-04 be forwarded to the Ministry of Public
Infrastructure Renewal and the Region of Durham Planning
Department.
"CARRIED"
Resolution #C-491-04
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report COD-048-04 be received;
THAT Rutherford Contracting Ltd., Gormley, Ontario with a total
revised bid in the amount of $2,791 ,345.32 (plus G.S.T.), being the
lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2004-13, be awarded the contract for
the Bowmanville Community Park Construction as required by the
Engineering Department;
THAT the total funds required in the amount of $3,047,345.32
($3,660,298.65) less reductions plus contract administration, hydro
and contingencies) be drawn from Engineering Capital Account
110-32-325-83252-7401; and
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Council Minutes
- 20-
September 27, 2004
REPORTS
THAT the by-law attached to Report COD-048-04 marked Schedule
"A" authorizing the Mayor and the Clerk to execute the necessary
agreement be approved.
"CARRIED"
UNFINISHED BUSINESS
Dom's Auto Parts Resolution #C-492-04
Company Ltd.
Development Moved by Councillor Foster, seconded by Councillor MacArthur
Charges Act
THAT Report FND-022-04 be received;
THAT staff be directed to process an amendment to the
development charges by-law to exempt non-residential
development in the case of demolition or fire consistent with the
existing section 22(1) of By-Law 2000-108 pertaining to residential
development; and
THAT Council direct that development charges collected in the
amount of $3,589.65 from Dom's Auto Parts Company Ltd. be
refunded pursuant to the decision to amend the development
charges by-law.
"CARRIED"
Tomina Property Resolution #C-493-04
Concerns
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CLD-31-04 be received; and
THAT the interested parties listed in Report CLD-31-04 be advised
of Council's decision.
"CARRIED"
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Council Minutes
- 21 -
September 27, 2004
UNFINISHED BUSINESS
Port Granby
Project
Resolution #C-494-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-116-04 and Addendum to PSD-116-04 be
received;
THAT the Municipality of Clarington concur with the
recommendation of the Low Level Radioactive Waste Management
Office that Concept II (relocation of the Port Granby waste to an
engineered storage mound north of Lakeshore Road) should
proceed through the Environmental Assessment process as the
Qualified Concept for the Port Granby Project;
THAT the Government of Canada be advised that the Municipality
of Clarington is opposed to any waste, other than that associated
with the existing Port Granby Waste Management Facility, being
accepted or stored at the new waste management facility or on any
of the lands to be acquired by the Government of Canada as part of
the Port Granby Project;
THAT the Low Level Radioactive Waste Management Office
continue to consult with the Municipality of Clarington and affected
residents regarding the mitigation of impacts from the construction
and operation of the new waste management facility; and
THAT a copy of Council's decision be forwarded to the Low level
Radioactive Waste Management Office, Natural Resources
Canada, the executive of the South East Clarington Ratepayers
Association and the interested parties.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Yes
No
Declaration of
Pecuniarv Interest
Councillor Foster
Councillor MacArthur
Councillor Pingle
Councillor Robinson
Councillor Schell
Councillor Trim
Mayor Mutton
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Council Minutes
BY-LAWS
- 22-
September 27, 2004
Resolution #C-495-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-207 to
2004-212 inclusive, and that the said by-laws be now read a first
and second time:
2004-207 being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Rutherford
Contracting Ltd., Gormley, Ontario, to enter into an
agreement for the Bowmanville Community Park
Construction (Report COD-048-04)
2004-208 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Applicant: John Hill/Remax Spirit)(PSD-112-04)
2004-209 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Applicant: Mearns East Developments
Inc.)(PSD-113-04)
2004-210 being a by-law to exempt a certain portion of Registered
Plan 40M-2202 from Part Lot Control (Applicant: Mearns
East Developments Inc. )(PSD-113-04)
2004-211 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of
Clarington (Applicant: Viveca Rupa )(PSD-115-04)
2004-212 being a by-law to amend By-law 91-58, as amended, being
a By-law to Regulate Traffic on Highways, Municipal and
Private Property in the Municipality of Clarington
"CARRIED"
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Council Minutes
BY-LAWS
OTHER BUSINESS
Regional Updates
Boards and
Committees
Updates
- 23 -
September 27,2004
Resolution #C-496-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-207 to 2004-212
inclusive, be approved.
"CARRIED"
Councillor Schell attended the Ground Water Festival, Oshawa
which educates over 5,000 children about water. He commended
CLOCA and Ontario Power Generation, Darlington, for the
tremendous amount of work and sponsorship to make this event
successful.
Councillor Trim attended the Regional Retirement and Employee
Long Service Awards on September 24, 2004; some staff members
of the Municipality of Clarington were in attendance to receive
some awards. Also, on September 10, 2004 he attended Lakeview
Manor, Beaverton, for the "Ground breaking" of a new long term
care facility to accommodate 149 beds.
Mayor Mutton congratulated the Regional Municipality of Durham
on their "Triple AAA" credit rating; each municipality plays a large
role in this accomplishment.
Councillor Foster attended the Annual meeting for Friends of
the Second Marsh. He commended this group for their ongoing
education support. Futhermore, Councillor Foster advised that Ron
Collis, Clarington Business Group, will be donating his time in
conjunction with the Business Community in the selection of the
Award.
Councillor Pingle informed Council that the Ontario Power
Generation obtained the necessary licence for used fuel storage
which will commence in May 2007. The Mayor's Office and
Emergency Services will be notified of the upcoming audit security
exercises that will be completed by the end of the year. She
attended the "Women on Course" golf tournament and commended
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Council Minutes
OTHER BUSINESS
- 24-
September 27,2004
Archibald Orchards & Estate Winery Ltd., local business and the
Municipality of Clarington for their donations in support. In closing,
Council Pingle stated pictures are available of the annual "Family
Safety Day" held on September 25, 2004.
Councillor Robinson congratulated the BIA on their efforts which
contributed to the success of the Orono Chili Cook-off held on
September 25, 2004. Lastly, he invited Council and staff to attend
the Halloween Dance which will be held on October 30, 2004 at the
Newcastle Community Hall; proceeds will be directed towards the
renovations of the washroom.
Councillor Schell stated the contractors performing the renovations
for the Downtown Streetscape - Bowmanville have been very
accommodating and on schedule. Unfortunately, the lighting will
not be entirely completed in time for the Downtown Applefest-
October 16, 2004.
Resolution #C-497-04
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT the meeting be "closed" to consider the Confidential verbal
report of the Solicitor regarding a property matter.
"CARRIED"
Resolution #C-498-04
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the actions taken at the "closed" meeting, be ratified.
"CARRIED"
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Council Minutes
- 25 -
September 27, 2004
CONFIRMING BY-LAW
ADJOURNMENT
Councillor Foster disclosed a pecuniary interest earlier in the
meeting and refrained from discussion and voting on the confirming
by-law.
Resolution #C-499-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT leave be granted to introduce By-law 2004-213 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 27th day of
September 2004, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-500-04
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the third and final reading of By-law 2004-213 be approved.
"CARRIED"
Resolution #C-501-04
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the meeting adjourn at 9:25 p.m.
"CARRIED"