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Council Meeting Minutes
May 29, 2006
Minutes of a regular meeting of Council held on May 29, 2006, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Also Present: Acting Chief Administrative Officer, M. Marano
Facilities Manager, Community Services, G. Acorn
Director of Engineering Services, T. Cannella
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Emergency Services, G. Weir
Municipal Clerk, P. L. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #C-259-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on May 15, 2006, be
approved.
“CARRIED”
Council Meeting Minutes - 2 - May 29, 2006
PRESENTATIONS
Ron Stead, Holburn Biomedical Corporation, was presented with the Corporate
Citizen of the Year Award. Holburn Biomedical Corporation, the parent company, was
founded in 1995 and, along with the other independent Holburn companies, continues
to capitalize on the expanding biomedical science and biotechnology markets.
Holburn conducts innovative research and development programs in the fields of
diagnostics and therapeutics. Holburn supports community initiatives such as the
Bowmanville Hospital Foundation and the Physician Recruitment Committee as well
as The Oshawa Cancer Centre and the University of Ontario Institute of Technology.
Doug Allingham, Totten Sims Hubicki and Dan Remollino, Ministry of Transportation
addressed Council to provide an update on the 407 East Environmental Assessment.
They provided a status report, highlighting the purpose of the study, the needs,
transportation alternatives (evaluation and results), public consultation process and
the project next steps.
Resolution #C-260-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the agenda be altered to add Cy Sawyerto the list of delegations and to add
By-law 2006-119.
“CARRIED”
DELEGATIONS
Mark Majchrowski, Director of Watershed Management, Kawartha Conservation,
provided an update on the 2006 conservation activities, highlighting environmental
advisory services, environmental protection and restoration, environmental technical
services and capital projects.
Dan Carter, Honorary Chair of the “Let Them be Kids Program”, a nationwide program
that helps communities build playgrounds in areas of need, while also building
community capacity amongst citizens and laying a strong foundation for a brighter
tomorrow, advised Council of a three-day program that is being held on June 8, 9 and
10. Mr. Carter requested the support of Clarington in attending the seminars and
workshops to send out a positive message that we care about our youth.
Linda Gasser thanked Council for holding a public meeting on May 23 to address the
Greenbelt Plan, stating that it was democracy at its best. She commended staff for
preparing an excellent report on the matter and encouraged Council to adopt the
recommendations from the General Purpose and Administration Committee.
Council Meeting Minutes - 3 - May 29, 2006
Karen Cox thanked Council for the position taken on the Greenbelt Plan at the
General Purpose and Administration Committee on May 23 and asked them to adopt
the recommendations.
Kerry Meydam requested Council to adopt the recommendations of the General
Purpose and Administration Committee with respect to the Greenbelt Plan and
complimented staff on an exceptional report.
Anna Ouyang requested Council to adopt the recommendations of the General
Purpose and Administration Committee with respect to the Greenbelt Plan and
requested notification of the decision.
Cy and Aleisha Sawyer addressed Council with respect to a fencing issue in
Newcastle. Their property abuts the Dunbury commercial block. A privacy fence will
be required when the commercial development proceeds, however, Mr. and Mrs.
Sawyer would like the fence to be erected now. They also have concerns with the
state of the property.
COMMUNICATIONS
Resolution #C-261-06
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 Correspondence Items I – 28 and I – 29.
“CARRIED”
I – 1 Draft Minutes of the Local Architectural Conservation Advisory Committee
dated April 18, 2006.
I – 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 21,
2006.
I – 3 Minutes of the Tyrone Community Centre Executive Board dated April 13,
2006.
I – 4 Minutes of the Newcastle Hall Board dated April 18, 2006.
I – 5 R. A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance
(OPERA) highlighting OPERA’s original concerns regarding a proposed
Provincial regulation intended to replace existing ‘Fill Line’ regulations to extend
Conservation Areas regulatory control and providing OPERA’s view of the
imposition of a new generic Regulation.
Council Meeting Minutes - 4 - May 29, 2006
I – 6 Allan Hewitt, Library Board Chair, Clarington Public Library, expressing
appreciation to Council for support of the Library’s 2006 capital and operating
budget request and Council’s continued support of the Clarington Public
Library.
I – 7 Federation of Canadian Municipalities Members’ Advisory reporting the recent
Federal budget delivered good news for Canada’s municipal governments in
recognizing the municipal sector as an order of government and committing to
resolving the fiscal imbalance and to continue funding for existing infrastructure
programs to meet the needs of local communities.
I – 8 Caroline Di Cocco, Minister, Ministry of Culture, inviting Council to join in
celebrating the first anniversary of the updated Ontario Heritage Act and
advising that a copy of the new Ontario Heritage Tool Kit, a guide explaining
the different aspects of the Heritage Act, the Planning Act, the Historic Places
Initiative and related programs has been forwarded to the Clerk’s Department.
I – 9 Association of Ontario Road Supervisors (AORS) extending an invitation to
Members of Council and staff to attend the AORS and District 8 Road
Supervisors Association Municipal Trade Show to be held June 7 and 8, 2006
in Napanee, which will showcase a broad range of suppliers of products and
services for both municipal and construction organizations.
I – 10 Durham Region Transit extending an invitation to Members of Council to join in
celebrating “Customer Appreciation Day in support of Clean Air Day”, a national
initiative that celebrates and builds awareness across the country about clean
air and climate change, to take place Wednesday, June 7, 2006, from 6:00 a.m.
to 9:00 a.m. at the Pickering GO Station. The event is in celebration of
commuters who use public transit, and Regional Councillors are invited to help
distribute promotional items to commuters.
I – 11 Carolyn Downs, City Clerk, City of Kingston advising Council that the City of
Kingston on May 2, 2006, passed the following resolution:
“WHEREAS accessible and affordable regulated childcare service options are
recognized as both an essential community service for young families and a
significant early learning and development experience for preschool children;
and
WHEREAS the Federal Government’s termination of the Moving Forward on
Early Learning and Child Care Funding Agreement with the province will
significantly reduce funding available for the expansion of childcare spaces in
the City of Kingston and Frontenac County, as proposed by the Kingston
Frontenac Best Start Network;
Council Meeting Minutes - 5 - May 29, 2006
THEREFORE BE IT RESOLVED that Kingston City Council formally petition
the Federal Government to reconsider termination of the Canada-Ontario
Agreement so that Kingston and Ontario can implement the expansion of early
learning and childcare services envisioned through the Best Start Program; and
further
THAT a copy of this resolution be forwarded to the Honourable Peter Milliken,
MP for Kingston and the Islands; Prime Minister Stephen Harper; Bill Graham,
MP, Interim Leader of the Liberal Party; Jack Layton, MP, Leader of the NDP;
Gilles Duceppe, MP, Leader of the Bloc Quebecois; the Honourable John
Gerretsen, MPP for Kingston and the Islands; and for endorsement to the
Association of Municipalities of Ontario; and all Ontario municipalities with
populations greater than 50,000.”
I – 12 The Honourable Dalton McGuinty, Premier of Ontario, thanking Council for
informing him of Council’s decision to support the resolution of the Agricultural
Advisory Committee of Clarington pertaining to 2006 farm taxes and forwarding
a copy of Council’s April 10, 2006, correspondence to the Honourable Dwight
Duncan, Minister of Finance.
I – 13 John O’Toole, MPP Durham, forwarding correspondence to the Honourable
David Ramsay requesting the Province’s assistance in combating invasive
plants in the Orono Crown Lands.
I – 14 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk advising Council
that the Town of Ajax on May 8, 2006, passed the following resolution:
“WHEREAS the Town of Ajax initiated an official plan review of the Ajax District
Plan in 1997 which included an extensive public consultation process; and
WHEREAS a comprehensive public consultation process is an important
component to any official plan review; and
WHEREAS the majority of the lands located east of Audley Road in Ajax were
and are currently being actively farmed and used for agricultural purposes; and
WHEREAS there was public support to preserve the urban separator between
Ajax and Whitby as an agricultural and environmental feature in compliance
with the policies of the Durham Region Official Plan; and
WHEREAS the Town of Ajax adopted a new Official Plan on April 17, 2000,
which identified a fixed and ultimate urban boundary and as such, set aside
sufficient land to achieve a balance between employment and housing
opportunities to ensure that Ajax will be a financially viable, balanced and
complete community; and
Council Meeting Minutes - 6 - May 29, 2006
WHEREAS the Town of Ajax has designated a Rural Area beyond the fixed
and ultimate urban boundary in the new Official Plan to establish a permanent
countryside to permit the continued functioning of natural systems, maintain the
rural pattern of large land holdings and a landscape dominated by agriculture,
open fields and forests; and
WHEREAS the Ajax Official Plan was approved by the Region of Durham on
November 1, 2000, with modifications and deferrals; and
WHEREAS the Ajax Official Plan came into full force and effect on
November23, 2000, save and except for portions deferred or appealed to the
Ontario Municipal Board; and
WHEREAS only one landowner (i.e. Stroud Family) from the Audley-Lake
Ridge Landowners Group appealed the Rural Area designation in the Ajax
Official Plan as it applied to their lands (southwest corner of Kingston Road and
Lake Ridge Road) and did not pursue their appeal; and
WHEREAS the Town of Ajax supports the vision of the Greenbelt Plan to
provide for a diverse range of rural communities, agriculture, tourism,
recreation and resource uses; gives permanent protection to natural systems;
and supports agriculture as the predominant land use; and
WHEREAS the Greenbelt Plan reinforces the Rural Area designation in the
Ajax Official Plan by establishing a permanent countryside; and
WHEREAS the Town of Ajax forwarded a staff report dated December 6, 2004,
to the Ministry of Municipal Affairs and Housing as the Town’s comments
regarding the Greenbelt Draft Plan, October 2004, requesting among other
matters, that the Ministry of Municipal Affairs and Housing include all the lands
located north of Taunton Road and east of Audley Road in Ajax, that are
designated Rural Area in the Ajax Official Plan, as part of the Greenbelt Plan;
and
WHEREAS Durham Regional Commissioner’s Report 2004-P-89 dated
December 7, 2004, regarding the Greenbelt Draft Plan recommended that to
maintain the network of open space connections between Lake Ontario and the
Moraine, the width of the Greenbelt between Ajax and Whitby, and the
inclusion of the Greenbelt between Courtice and Bowmanville should reflect the
Major Open Space urban separators established in the Durham Regional
Official Plan, for almost 30 years; and
WHEREAS Durham Regional Commissioner’s Reports 2000-P-55, 2001-P-79
and 2002-P-58 regarding site specific amendments within the Ajax and Whitby
urban separator all indicate that the proposals were contrary to the fundamental
Council Meeting Minutes - 7 - May 29, 2006
regional structure by eroding the urban separator that performs vital urban
separator and ecological functions linking the Lake Ontario waterfront with the
Oak Ridges Moraine; and
WHEREAS the Ministry of Municipal Affairs and Housing included all the lands
located north of Taunton Road and east of Audley Road in Ajax as part of the
Greenbelt Plan as approved on February 28, 2005;
NOW THEREFORE BE IT RESOLVED that the Town of Ajax reaffirms and
continues to fully support the inclusion of all lands located north of Taunton
Road and east of Audley Road in Ajax within the Greenbelt Plan; and
That the Ajax Council resolution be forwarded to the Greenbelt Council and the
Minister of Municipal Affairs and Housing in opposition to the recommendation
in the April 25, 2006 minutes of the Planning Committee of the Regional
Municipality of Durham (Commissioner’s Report Item 4E, resolutions 98-103)
regarding the removal of the lands located within the area bounded by Taunton
Road, Highway 401, Audley Road and Lake Ridge Road from the Greenbelt
Plan in the Town of Ajax; and
That should the Council of the Region of Durham approve this ecommendation,
that Ajax Council direct staff to take any and all appropriate action required to
oppose Durham Regional Council Resolution.”
I – 15 Jim Hankinson, President and CEO, Ontario Power Generation, providing an
update on Ontario Power Generation’s (OPG) performance in 2005, and
forwarding a copy of the April 2006, Performance Update on OPG, the first in a
series of semi-annual communications containing background information on
OPG, information and graphs depicting performance in key areas of business
and providing resources to obtain additional information about OPG’s
operations.
I – 16 Allan Hewitt, Board Chair, Clarington Public Library, forwarding orrespondence
to Caroline Di Cocco, Minister of Culture, acknowledging support of the
Provincial government’s funding announcement to strengthen the role of
Ontario public libraries but expressing concern that the Clarke Branch and the
Newcastle Library were not eligible for funding available to other libraries in
small communities because of the amalgamated population of Clarington.
I – 17 Lorrie McKee, General Manager, Government Affairs, Greater Toronto Airports
Authority, forwarding a copy of the Greater Toronto Airports Authority’s 2005
Annual Report.
Council Meeting Minutes - 8 - May 29, 2006
I – 18 Kim Siddall, Manager of Corporate Services, the Corporation of the Municipality
of Leamington advising Council that the Municipality of Leamington on May 1,
2006, passed the following resolution:
“WHEREAS, The Canadian-Ontario Municipal Rural Infrastructure Fund
(COMRIF) was established to enhance and renew Ontario’s aging
infrastructure; improve the quality of the environment; protect the health and
safety of citizens; support long term economic growth and build strong
sustainable communities by giving municipalities the tools they need;
And whereas most small municipalities go to great lengths and expense to
utilize consultants and limited municipal resources in building a strong business
case to meet the goals and objectives of COMRIF;
And whereas during the first two rounds of COMRIF announcements, the
majority of submissions were not supported because of limited funding;
And whereas the selection process for COMRIF is to be seamless and non
political;
And whereas there are some communities who have had their applications
approved for round one and round two of COMRIF;
And whereas those communities that have met the COMRIF criteria, but whose
projects were not approved because of limited funding are at a disadvantage as
they will have to fund their projects by raising municipal taxes;
And whereas the existing methodology of selecting projects eligible for funding
pursuant to the COMRIF program does not provide for sustainability of aging
infrastructure for the majority of rural communities in Ontario;
And whereas Ontario municipalities through their respective Councils are more
than capable of identifying aging infrastructure in their community;
And whereas Ontario municipalities could upgrade their aging infrastructure
and develop long range plans if a program was developed which provided
funding to all municipalities on a yearly basis;
Now therefore be it resolved that the Corporation of the Municipality of
Leamington request AMO and the Federal and Provincial Governments to
develop a program that will support infrastructure sustainability by providing a
yearly stream of funding to all rural municipalities without the municipality
having to expend funds and exhaust limited resources in developing business
cases;
Council Meeting Minutes - 9 - May 29, 2006
And further that a copy of this resolution be forwarded to all Ontario
municipalities, local MP’s and MPP’s and AMO Board of Directors seeking their
support.”
I – 19 The Association of Municipalities of Ontario (AMO) forwarding information on
the “Connecting Citizens to their City 311 Symposium” to be held in Windsor on
June 12 to 14, 2006. Windsor is the first city in Ontario to utilize Motorola’s
Customer Service request System technology for its 311 system. The three-
day event would be beneficial to all municipalities considering 311.
I – 20 Steve Jacobs, P.Eng., Senior Project Manager, URS, forwarding a Notice of
Final Public Information Centre for the Highway 35/Highway 7A Connection
Study and Highway 35 Four Lane Planning and Preliminary Design Study –
Class Environmental Assessment, Group ‘B’ Project, to be held May 31, 2006,
in Bethany and Thursday, June 1, 2006, in Lindsay where technically preferred
alternatives for mainline Highway 35 and the Highway 35/Highway 7A
Connection will be presented. An External Team Meeting has also been
st
arranged to coincide with the Public Information Centre on June 1 and
Members of Council are encouraged to attend to review the display material
and provide comments and concerns in order that they can be addressed in the
study.
I – 21 Dan Remollino P.Eng., MTO Project Manager, Ministry of Transportation and
Doug Allingham, P.Eng., Consultant Project Manager, TSH engineers
architects planners, forwarding a Notice of Public Information Centre #1 for the
407 East Environmental Assessment (EA) Study and inviting interested parties
to attend any one of four Public Information Centres to be held in Bowmanville
thstthth
on May 30, Oshawa on May 31, Ajax on June 7 and Whitby on June 8
where identified problems and opportunities, evaluation of transportation
alternatives, recommended alternative to be carried forward and preliminary
study area will be presented.
I – 22 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk advising Council
that the Town of Ajax on May 8, 2006, passed the following resolution:
“That the resolution of the GTA Mayors and Chairs re: Hospital and Health
Care Funding be endorsed.”
I – 23 Kerry Meydam expressing concern with the process undertaken regarding the
proposal to adjust the Greenbelt boundaries to remove two environmentally
sensitive areas in North Courtice and urging Council to petition the Region to
reconsider its decision to request the Province to remove the two areas from
the Greenbelt.
Council Meeting Minutes - 10 - May 29, 2006
I – 24 Association of Municipalities of Ontario (AMO) Member Communication Alert
highlighting survey results of the Canadian Federation of Independent
Business, Ontario (CFIB) on municipal government issues which have been
interpreted to suggest that municipal government leaders are not seeking
greater autonomy from the Province. AMO will continue to advocate for
changes in both governance and new fiscal arrangements to deal with the
$3 billion gap.
I – 25 Federation of Canadian Municipalities Members’ Advisory advising of the
recent Federal budget’s commitment to a long-term infrastructure plan and the
Prime Minister’s support to fixing the $60 billion Municipal infrastructure deficit
and fiscal crunch and highlighting particulars of the Canada Strategic
Infrastructure Fund and the Municipal Rural Infrastructure Fund. The Prime
Minister has mandated the Minister of Transport, Infrastructure and
Communities to consult with the provinces, territories and municipalities on
developing the long-term plan.
I – 26 Brian W. Knott, City Solicitor/Clerk, City of Sarnia advising Council that the City
of Sarnia on April 10, 2006, passed the following resolution:
“THAT Sarnia City Council support Bill 75 (An Act to amend the Assessment
Act with respect to homestead) and forward that support to Premier Dalton
McGuinty; The Hon. Dwight Duncan, Minister of Finance; Ms. Caroline Di
Cocco, MPP for Sarnia-Lambton; Ms. Maria Van Bommel, MPP for Lambton-
Kent-Middlesex; and Mr. Tim Hudak, MPP for Erie-Lincoln, and
THAT this correspondence be circulated to all Ontario cities with a population
over 50,000 and to the Counties and Regions of Ontario for their information
and endorsement.”
I – 27 John Mickey, National Brownfield Association U.S.A. Canada, forwarding
registration information for the Annual International Brownfield Summit to be
held June 8 to 10, 2006, in Niagara Falls, Ontario.
I – 30 Canada-Ontario-Niagara Region News Release announcing the official
completion of $1.3 million affordable housing project in St. Catharines, Ontario
under the Canada-Ontario Affordable Housing Program, a partnership between
the Government of Canada, Government of Ontario, Niagara Region, City of
St. Catharines and sponsored by Meie Management.
I – 31 Kerry Meydam thanking Council for holding a public meeting to allow
concerned residents to provide input into Durham Regional Council’s decision
to request that the Province remove two areas of North Courtice from the
Greenbelt and to thank Council for unanimously supporting Clarington
Planning’s recommendations against Durham Region’s decision.
Council Meeting Minutes - 11 - May 29, 2006
I – 32 Linda Gasser thanking Council for supporting Planning staff’s ecommendations
concerning the Greenbelt Plan including the recommendation that the
Municipality of Clarington does not support amendments to the boundaries of
the Greenbelt at this time.
I – 33 Penny Contreras, Project Coordinator and Dan Carter, Honorary Chair,
Coordinating Committee – Let Them Be Kids Across Durham Region,
requesting to address Council on a Region-wide initiative to provide information
and tools to engage the community, promote volunteerism and develop a
template for cooperation across varying sectors and extending an invitation to
Members of Council to participate in the 3-day event taking place June 8, 9
and 10, 2006.
I – 28 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC)
advising Council that on May 11, 2006, the AACC endorsed the following
motion of the Township of King:
“WHEREAS one of the recommendations of the approved GTA Agricultural
Action Plan states as follows: ‘Encourage the Ontario Farmland Trust (OFT) to
develop programs, identify securement mechanisms (including financial) and
obtain support from the province, municipal Councils and agricultural
organizations;
AND WHEREAS the Board of Directors of the Ontario Farmland Trust, at its
meeting held on Monday, January 30, 2006, resolved ‘that the Ontario
Farmland Trust bring to the attention of all levels of Government the need to
extend the Eco-Gifts Program to a Farmland Gifts Program, or arrange for the
establishment of a similar Farmland Gifts Program’;
AND WHEREAS agriculture is an important industry in Ontario earning
significant export revenue for the province and providing employment in allied
food and support industries;
AND WHEREAS an agricultural land base with high quality soils and a
conductive climate is essential to maintaining a strong agricultural industry;
AND WHEREAS farmland provides ecological services which sustain water
and air-quality resources and provide recreational resources;
AND WHEREAS the market value of farmland is much lower than the value of
land to be developed for residential, commercial or industrial purposes
providing powerful economic incentives to convert land away from agricultural
uses;
Council Meeting Minutes - 12 - May 29, 2006
AND WHEREAS the Ontario Farmland Trust and other charitable trusts have
been created with the ability to hold restrictive easements and covenants and
other interests in land donated by land owners to ensure that they remain
available for agricultural use in perpetuity;
AND WHEREAS donors of interests in land which have specified ecological
features qualify for significant benefits under the ecological gifts provisions of
the Canada and Ontario Income Taxes Act;
AND WHEREAS donors of such easements make sacrifices of great value to
society,
NOW THEREFORE BE AND IT IS HEREBY RESOLVED:
1. THAT the Corporation of the Township of King supports the current
efforts of the Ontario Farmland Trust in regards to:
?
The federal and provincial governments being urged to amend their
Income Tax Acts to provide the same benefits to donors of farmland
for which donors of ecologically sensitive lands now qualify;
?
The federal and provincial governments being requested to consider
other farmland conservation incentives to ensure that farmland
remains in agriculture.
2. THAT copies of this resolution be forwarded to all lower and upper tier
municipalities across the Province of Ontario urging their support for
these initiatives.”
Resolution #C-262-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution of the Township of King with respect to the approved GTA
Agricultural Action Plan be endorsed.
“CARRIED”
I – 29 Peter Waring, Area Supervisor, York Durham Area, Aurora District Office,
Ministry of Natural Resources, responding to Council’s correspondence
requesting support for the purchase of a wood chipper to manage invasive
species on the Orono Crown Lands and advising the acquisition of a wood
chipper is one of the OCLT’s own ventures and while the MNR supports their
interest in taking steps to mitigate the impacts of invasive species, the MNR
has taken no position on the proposed acquisition of the wood chipper.
Council Meeting Minutes - 13 - May 29, 2006
Resolution #C-263-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Rules of Procedure be suspended to allow for reconsideration of Resolution
#C-210-06.
“MOTION LOST ON THE
FOLLOWING RECORDED VOTE”
(3/4 majority required)
Declaration of
Yes No Pecuniary Interest
Council Member
Councillor Foster v
Councillor MacArthur v
Councillor Pingle v
Councillor Robinson v
Councillor Schell v
Councillor Trim v
Mayor Mutton v
Resolution #C-264-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Orono Crown Lands Trust be offered an interest-free loan from the
Municipality to purchase a chipper.
“CARRIED ON THE
FOLLOWING RECORDED VOTE”
Declaration of
Yes No Pecuniary Interest
Council Member
Councillor Foster v
Councillor MacArthur v
Councillor Pingle v
Councillor Robinson v
Councillor Schell v
Councillor Trim v
Mayor Mutton v
Council Meeting Minutes - 14 - May 29, 2006
Resolution #C-265-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I –29 be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-266-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D – 4 to D – 10 inclusive.
“CARRIED”
D – 1 A. L. Georgieff, M.C.I.P., R.P.P., Commissioner of Planning, Regional
Municipality of Durham, forwarding a copy of Part 2 of the proposed
amendment to the Regional Official Plan for the Population, Employment and
Urban Land component of the Official Plan Review and advising that the public
meeting under the Planning Act for Part 2 will be held on June 27, 2006, at
9:30 a.m. at the Durham Regional Headquarters Building.
(Correspondence referred to the Director of
Planning Services)
D – 2 Sandy White, RN, BScN, MScN, Public Health Nurse, Injury Prevention
Program, Falls Prevention, Regional Municipality of Durham requesting
October 15 to 21, 2006, be proclaimed “Falls Prevention Week”.
(Proclaimed)
D – 3 Karen Bastas, Newcastle Business Improvement Area requesting road
closures on October 7, 2006, for the Annual Fall Fest and on November 26,
2006, for the Santa Claus Parade route.
(Approved provided organizers apply for and
obtain road occupancy permits)
D – 4 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont advising
Council that the Township of South Stormont on April 12, 2006, passed the
following resolution:
“WHEREAS the Minister of Agriculture, Food and Rural Affairs
Leona Dombrowsky did announce a $125 million in immediate financial
assistance to farmers of this province;
Council Meeting Minutes - 15 - May 29, 2006
AND WHEREAS said announcement is a step in the right direction for those
farmers that produce fruits and vegetables, it does little to assist the grain and
oilseed farmers as it amounts to $0.40 cents on the dollar that they need;
AND WHEREAS farmers in Ontario have to contend with highly subsidized
farmers in the United States;
AND WHEREAS Ontario Farmers have been seeking a long-term financial plan
to set their operations accordingly;
AND WHEREAS Minister Dombrowsky’s announcement of the $125 million is
timely so as to now bring the Federal Government on-side with Ontario’s Road
Map strategy for a multi-year plan to strengthen the agriculture sector but
cannot do so without the Federal Government’s support;
AND WHEREAS the newly Elected Conservative Federal Government will
soon be presenting to the people of Canada, its long awaited cost saving
budget;
BE IT RESOLVED THAT our MPP be requested to solicit the assistance
needed from Minister Dombrowsky to request that the Federal budget reflect
the necessary funding to finalize in this calendar year, a long-term plan as
requested by Ontario Farmers;
BE IT FURTHER RESOLVED THAT our MP, Mr. Guy Lauzon, be called on for
his intervention in obtaining the needed Federal Funding to secure this long-
term plan;
BE IT FURTHER RESOLVED THAT this resolution be forwarded to all
municipalities in Ontario and the Association of Municipalities for their support,
and further that this resolution be sent to the Premier of Ontario, the Ministers
of Finance and Minister Dombrowksy.”
Resolution #C-267-06
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D – 4 from the Township of South Stormont regarding
financial asstance to farmers of this province be referred to the Agricultural Advisory
Committee of Clarington.
“CARRIED”
Council Meeting Minutes - 16 - May 29, 2006
D – 5 Ed Hollinger, Mayor, Municipality of North Perth advising Council that on
May 1, 2006, the Municipality of North Perth passed the following resolution:
“THAT WHEREAS Part IV of the Municipal Act, 2001, c.25, said Part IV being
entitled ‘Licensing and Registration’ sets out the conditions precedent to
municipality licensing a business;
AND WHEREAS s. 150(2) of the Municipal Act sets out three purposes for
which a municipality may license a business, those purposes being health and
safety, nuisance or consumer protection or a combination of all three;
AND WHEREAS the types of allowable costs for license fees are set out in
s. 150(10) of the said Municipal Act, those being the costs associated with the
preparation of the by-law, inspections related to the by-law, enforcement of the
by-law against the person operating without a licence, prosecuting and court
proceedings, and reciprocal licensing arrangements;
AND WHEREAS the municipality of North Perth supports its businesses and
local economy;
AND WHEREAS the Municipality of North Perth deems it appropriate to allow
municipalities the flexibility to charge over and above the allowable costs as per
Section 150(9) of the Municipal Act, to deter businesses that do not pay
property taxes or in other ways contribute to the well being and betterment of
North Perth, competing against local businesses;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of
North Perth requests the Minister of Municipal Affairs and Housing that Section
150 of the Municipal Act be amended to allow North Perth and similar
municipalities the ability to protect its local economy and small business
owners;
AND FURTHER that this resolution be sent to AMO for distribution to all
Ontario municipalities for endorsement and support and to MP’s and MPP’s.”
Resolution #C-268-06
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT the resolution of the Municipality of North Perth with respect to licensing and
registration be endorsed.
“CARRIED”
Council Meeting Minutes - 17 - May 29, 2006
D – 6 Mayor David Burns, the Corporation of the Town of Minto advising Council that
the Town of Minto, on April 19, 2006, passed the following resolution:
“WHEREAS Ontario property owners and particularly ratepayers in the Town of
Minto have brought their concerns regarding inconsistent, illogical and unfair
levels of assessment to the attention of the Town of Minto Council;
AND WHEREAS representatives of the Municipal Property Assessment
Corporation (MPAC) have appeared before this Council to explain the
operations and activities of MPAC, but assessing problems still remain
unsolved;
AND WHEREAS the Government of the Province of Ontario, in response to
numerous complaints, requested the Ombudsman of Ontario, Andre Marin, to
conduct an investigation into the transparency of the property assessment
process and the integrity and efficiency of decision-making at MPAC;
AND WHEREAS The Ombudsman’s report ‘Getting It Right’ has now been
received by the Premier, MPAC and the Minister of Finance;
AND WHEREAS this report reached many troubling conclusions including: the
assessment process in Ontario is deeply-flawed; MPAC is not imbued
adequately with the ethos and attitude of a public servant; MPAC places far too
high a reliance on its own mass generated market predictions instead of actual
sale prices, without proof that the marked failed other than the simple fact of
deviation from its model; complications that exist for taxpayers in getting
access to information have created deep mistrust and suspicion; and MPAC
has been woefully bad at recording decisions that favour the taxpayer and it
has had a history of ignoring those decisions in the very next year and as a
result, taxpayers are in a vicious cycle of assessment, appeal, victory,
assessment, appeal, victory;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Minto
directs the Minister of Finance, the Honourable Dwight Duncan, to take these
matters which were so eloquently outlined in the Ombudsman’s Report,
‘Getting It Right’, under serious consideration and to adopt a stance which will
positively resolve these issues and ensure that the Report’s recommendations
will be implemented with a view to creating a truly fair, transparent and
accountable system of Property Assessment to taxpayers and municipalities in
the Province of Ontario;
AND FURTHER THAT this resolution be forwarded to the Association of
Municipalities of Ontario for circulation to its member Councils.”
Council Meeting Minutes - 18 - May 29, 2006
Resolution #C-269-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Item D – 6 from the Town of Minto regarding MPAC be
received for information.
“CARRIED”
D – 7 Carol O. Trainer, Clerk/Deputy Treasurer, Township of Essa, advising Council
that the Township of Essa on May 3, 2006, passed the following resolution:
“WHEREAS Section 69(2) of the Highway Traffic Act states that ‘No vehicle
shall be operated or object moved over or upon any highway with any flange,
rib, clamp or other device attached to its wheels, or made a part thereof, which
will injure the highway’; and
WHEREAS during freezing rain or sleet storm events, many narrow and steep
low volume roads become extremely slippery making it difficult, if not
impossible, for Road Service Vehicles such as graders, sander trucks and
combination snowplow/sander units to safely travel over and maintain these
roads even when such Road Service Vehicles are equipped with winter type
resilient rubber tires; and
WHEREAS there have been occasions when the Township of Essa’s sander
truck(s) and grader operators have experienced unsafe situations during
extremely slippery conditions in keeping proper steering control and traction
while carrying out winter maintenance operations with Road Service Vehicles
equipped with winter type resilient rubber tires, resulting in the road service
vehicle(s) ending up in the roadside ditch or over embankments which could be
prevented by attaching tire chains/cables to the wheels; and
WHEREAS the Township of Essa’s Health and Safety Policy and Procedures
Manual together with Section 25(h) of the Occupational Health and Safety Act
states that ‘An employer shall take every precaution reasonable in the
circumstances for the protection of a worker’; and
WHEREAS the Township of Essa’s Health and Safety Policy and Procedures
Manual together with Section 43(3) of the Occupational Health and Safety Act
indicates that an employee may refuse to work or do particular work where
he/she has reason to believe that: a) any equipment he/she is to use or
operate is likely to endanger himself/herself or another employee; and, b) the
physical condition of the workplace is likely to endanger himself/herself; and
Council Meeting Minutes - 19 - May 29, 2006
WHEREAS the attachment of tire chains/cables to certain steering and drive
wheels on Road Service Vehicles during freezing rain and sleet storm events
would make it safer for the employees including motorists and, in addition, it
would alleviate costly damages being sustained to the said vehicles and/or
other parties thereby reducing the Road Authority’s exposure to liability;
NOW THEREFORE BE IT RESOLVED that the Minister of Transportation be
requested to exempt Road Service Vehicles from Section 69 of the Highway
Traffic Act in order that such vehicles may legally attach tire chains or cables to
the wheels for increased steering control and traction reasons during severe
winter road conditions; and further
THAT the Minister of Labour be requested to support such exemption for the
safety of the operator (worker) of the Road Service Vehicle and motorists,
along with the Association of Municipalities of Ontario, the Association of
Ontario Road Supervisors the Ontario Good Roads Association and the Rural
Ontario Municipalities Association.”
Resolution #C-270-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution of the Township of Essa with respect to the Highway Traffic Act
be endorsed.
“CARRIED”
D – 8 Carol O. Trainer, Clerk/Deputy Treasurer, Township of Essa, advising Council
that the Township of Essa on May 3, 2006, passed the following resolution:
“WHEREAS the plight of Ontario farmers continues to worsen with insufficient
financial support from either the Provincial or Federal Governments; and
WHEREAS the Township of Essa believes that Ontario farmers should be
supported by all levels of government;
NOW THEREFORE BE IT RESOLVED THAT the Township of Essa does
hereby pledge one dollar for every resident within the Township to assist
farmers; and
THAT every municipality in the Province of Ontario be challenged to provide $1
for every resident living within their boundaries; and further
THAT these funds be provided to their local County or Regional Agricultural
Federation for distribution within their immediate area.”
Council Meeting Minutes - 20 - May 29, 2006
Resolution #C-271-06
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Correspondence Item D – 8 from the Township of Essa with respect to financial
support for Ontario farmers be received for information.
“CARRIED”
D – 9 Rich Tindall, P.Eng., Project Manager, Regional Municipality of Durham,
advising of the formation of a Stakeholder Advisory Committee (SAC) as a key
element of the Master Planning Study to identify a preferred strategy for the
design and operation of municipal water and wastewater systems in the
Region, forwarding a Terms of Reference for members of the SAC, and copy of
the first project newsletter and inviting the municipality to provide one (1)
representative to sit on the SAC for the duration of the study. The Region has
requested a written reply by May 30, 2006.
Resolution #C-272-06
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Correspondence Item D – 9 from the Regional Municipality of Durham
regarding the formation of a Stakeholder Advisory Committee be referred to the
Director of Engineering Services.
“CARRIED”
D – 10 Roger Anderson, Co-Chair, GTAH Mayors and Regional Chairs group advising
Council that the GTAH Mayors & Chairs, at a meeting held April 28, 2006,
passed the following resolution:
"WHEREAS local access to hospital and other health care services is essential
for building strong, prosperous and healthy communities;
WHEREAS the GTA/905 Regions of Durham, Halton, Peel and York are
among the fastest growing regions in Ontario, expanding by over 100,000
residents each year and representing half the annual population growth in
Ontario;
WHEREAS Provincial funding for Ontario's hospitals fails to take into account
the increasing need for local hospital services in high growth regions of Ontario,
such as the GTA/905 Regions of Durham, Halton, Peel and York such that
there is a large and growing funding gap for hospital services in the GTA/905
compared to the rest of Ontario;
Council Meeting Minutes - 21 - May 29, 2006
WHEREAS the GTAH Mayors and Chairs fully support Premier McGuinty’s
request for a fairer share of federal transfer payments and that Ontario's
argument with the Federal Government parallels the GTA/905's hospital
funding situation vis-a-vis other Ontario regions;
WHEREAS new or expanded hospitals facilities across the GTA/905 Regions
will not result in additional hospital operating funding until construction is
completed over the next number of years;
WHEREAS the Ontario Ministry of health and Long-Term Care in July 2005
committed to a 'growth and efficiency adjustment' in hospital funding for the
2006/07 fiscal year and this funding has yet to be allocated;
AND WHEREAS GTA/905 residents are now contributing more that $570
million to the Province of Ontario by way of the health care tax;
BE IT RESOLVED THAT the Greater Toronto and Hamilton Mayors and Chairs
ask the Province of Ontario to:
1) Provide immediate growth funding to GTA/905 hospitals so they can meet
the hospital care needs of the growing number of residents in GTA/905
communities;
2) Commit to funding new Local Health Integration Networks (LHIN) for
hospital and other health care services on the basis of LHIN population size,
growth and characteristics; and
3) Begin developing a hospital and health services plan for Ontario's high
growth region to help build the 'complete communities' envisioned in Places
to Grow.
AND THAT this resolution be sent to the Premier of Ontario, the Minister of
Health and Long-Term Care, the Minister of Finance and the Councils of the
GTA/905 area municipalities for endorsement."
Resolution #C-273-06
Moved by Councillor Trim, seconded by Councillor Foster
THAT the resolution of the GTAH Mayors and Regional Chairs group regarding local
access to hospital and other health care services be endorsed.
“CARRIED”
Council Meeting Minutes - 22 - May 29, 2006
MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report – May 23, 2006
Resolution #C-274-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of May 23, 2006 be
approved, with the exception of Item #6.
“CARRIED”
Item #6
Resolution #C-275-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-061-06 be received;
THAT the Municipality of Clarington advise the Minister of Municipal Affairs and
Housing, the Greenbelt Council and the Region of Durham that it does not support
amendments to the boundaries of the Greenbelt Plan, at this time;
THAT the Greenbelt Council be requested to review issues related to rural
employment uses in the Greenbelt;
THAT a copy of Report PSD-061-06 be forwarded to John Gerretsen, Minister of
Municipal Affairs and Housing; the Municipal Affairs and Housing, Greenbelt Group;
the Greenbelt Council; the Region of Durham Planning Department and area
municipalities; and
THAT all interested parties listed in Report PSD-061-06 and any delegations be
advised of Council’s decision.
“CARRIED ON THE
FOLLOWING RECORDED VOTE”
Council Meeting Minutes - 23 - May 29, 2006
Declaration of
Yes No Pecuniary Interest
Council Member
Councillor Foster v
Councillor MacArthur v
Councillor Pingle v
Councillor Robinson v
Councillor Schell v
Councillor Trim v
Mayor Mutton v
Report #2 – Report PSD-064-06 - Review of Condition 34 of Draft Approved Plan of
Subdivision 18T-89048, Owner: Veltri and Sons Limited
Resolution #C-276-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report PSD-064-06 be received;
THAT, in consideration of the direction provided by the General Purpose and
Administration Committee to staff at their May 23, 2006 meeting, Condition 34 of Draft
Approved Plan of Subdivision 18T-89048, as Draft Approved on December 13, 2004
(Report PSD-138-04) be deleted and replaced with a new Condition 34 as contained
in Attachment #4 to Report PSD-064-06; and
THAT the Region of Durham, Kawartha Pine Ridge District School Board and the
interested parties listed in Report PSD-064-06 be advised of Council’s decision.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-277-06
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Doug Allingham and Dan Remollino be thanked for their presentation on the
407 East Environmental Assessment.
“CARRIED”
Council Meeting Minutes - 24 - May 29, 2006
Resolution #C-278-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Mark Majchrowski be thanked for his presentation on 2006 conservation
activities.
“CARRIED”
Resolution #C-279-06
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the delegation of Dan Carter be referred to the Director of Community Services
and to all interested Councillors.
“CARRIED”
Resolution #C-280-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegation of Mr. and Mrs. Sawyer be referred to the Director of
Engineering Services and to the Municipal Law Enforcement Division.
“CARRIED”
OTHER BUSINESS
Resolution #C-281-06
Moved by Councillor Trim, seconded by Councillor Foster
THAT the Rules of Procedure be suspended to allow for the introduction of items
of new business at this time.
“CARRIED”
Resolution #C-282-06
Moved by Councillor Trim, seconded by Councillor Pingle
WHEREAS the Regional Municipality of Durham is responsible for the collection,
processing and sale of Blue Box recyclables, the disposal of residential garbage
waste, composting of food waste as well as leaf and yard waste in the Municipality of
Clarington;
Council Meeting Minutes - 25 - May 29, 2006
AND WHEREAS the main goals of the Long Term Waste Management Strategy Plan
is to divert at least 50% of the residential waste by the year 2007;
AND WHEREAS the Wilmot Creek Community is a land lease residential community
with approximately 800 homes and has been excluded in the Region’s curbside
program and is able to meet the Region’s standards for waste collection:
NOW THEREFORE BE IT RESOLVED that the Region of Durham be requested to
implement an Integrated Residential Waste Management System for the Wilmot
Creek Community as soon as possible.
“CARRIED ON THE
FOLLOWING RECORDED VOTE”
Declaration of
Yes No Pecuniary Interest
Council Member
Councillor Foster v
Councillor MacArthur v
Councillor Pingle v
Councillor Robinson v
Councillor Schell v
Councillor Trim v
Mayor Mutton v
Resolution #C-283-06
Moved by Councillor Schell, seconded by Councillor Trim
WHEREAS the Region of Durham’s Trail Coordinating Committee has endorsed the
Draft Trail Network, as amended and are proceeding to the Implementation Strategy
portion of the process;
AND WHEREAS the Region of Durham’s Community Strategic Plan sets out the goals
of A3 “Supporting the development of alternative methods of transportation including
waterfront trails and other trail systems” and B7 “Protecting, enhancing and investing
in our waterfronts”;
AND WHEREAS the Region’s Official Plan under Section 14.3.9 explicitly indicates
that when an environmental impact study is required that the study shall address
“opportunities for the appropriate portions of the subject lands to be included in a
natural corridor system along the waterfront and creek valleys”; and further “Regional
Council shall support the ongoing development of a continuous and coordinated Lake
Ontario waterfront trail…”;
AND WHEREAS the Proposed Directions of the Regional Official Plan Review further
supports land securement for conservation purposes and the implementation of a
Regional Trail Network;
Council Meeting Minutes - 26 - May 29, 2006
AND WHEREAS the Region’s Environmental Assessment for the Courtice Water
Pollution Control Plant included the concept of and a commitment to the waterfront
trail along the waterfront, including a pedestrian crossing of the railway tracks;
AND WHEREAS the Region’s Environmental Assessment for the Additional Water
Supply to Service the Newcastle Urban Area (Newcastle Water Treatment Plant)
included the concept of and commitment to the waterfront trail along the waterfront;
AND WHEREAS the development of the trail and appropriate natural corridor
plantings was not included in the site development plan for the Courtice Water
Treatment Plant;
NOW THEREFORE BE IT RESOLVED THAT THE MUNICIPALITY OF
CLARINGTON request Regional Council to direct staff to make the necessary
provisions for funding in the 2007 capital budget for:
a) construction of, planting of and provision of amenities for the waterfront trail
from Courtice Road to Solina/Osborne Road including provision of a permanent
pedestrian crossing of the railway line;
b) construction of, planting of and provision of amenities for the waterfront trail
across the front of the Port of Newcastle Water Treatment Plant; and
c) provision of the necessary access easements to the Municipality of Clarington
(at no cost) for Clarington’s maintenance of the trail,
AND FURTHER, THAT a copy of this resolution be forwarded to Durham Region
Trails Co-ordinating Committee, and the Waterfront Regeneration Trust.
“CARRIED”
BY-LAWS
By-law 2006-119 was distributed as a handout.
Mayor Mutton advised that the tax rate by-law included in the agenda recognizes a tax
rate increase of 1.33 percent compared to 1.39 percent last year.
Resolution #C-284-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2006-092, and 2006-112 to 2006-119,
inclusive, and that the said by-laws be now read a first and second time:
2006-092 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
Council Meeting Minutes - 27 - May 29, 2006
2006-112 Being a by-law to adopt Amendment No. 50 to the Clarington
2006-113 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
2006-114 Being a by-law to authorize the entering into a Recreational Purpose
Licence Agreement with Her Majesty the Queen, in Right of Ontario, as
represented by the Minister of Public Infrastructure Renewal, the owner
of the utility corridor located in Part of Lots 1, 2, and 3 in Broken Front
concession former Township of Darlington (Stage 1), now in the
Municipality of Clarington, Region of Durham
2006-115 Being a by-law to authorize the entering into a Recreational Purpose
Licence Agreement with Her Majesty the Queen, in Right of Ontario, as
represented by the Minister of Public Infrastructure Renewal, the owner
of the utility corridor located in Part of Lots 33,34 and 35 in concession 1
former Township of Clarke (Stage 2), now in the Municipality of
Clarington, Region of Durham
2006-116 Being a by-law to license, regulate and govern auctioneers in the
Municipality of Clarington
2006-117 Being a by-law to being a by law to authorize the execution of an
Amending Boundary Road Agreement with the Corporation of the City of
Oshawa
2006-118 Being a by-law to authorize debenturing to assist in construction of Total
Hockey
2006-119 Being a by-law to adopt the estimates of all sums required during the
year and to strike the rates of taxation for Municipal purposes for the
year 2006
“CARRIED”
Resolution #C-285-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-092, and 2006-112 to 2006-119,
inclusive, be approved.
“CARRIED”
Council Meeting Minutes
- 28-
May 29,2006
CONFIRMING BY-LAW
Resolution #C-286-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-120 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
29th day of May, 2006, and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-287 -06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-120 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-288-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the meeting adjourn at 8:38 p.m.
"CARRIED"
MAY~
~~
NIC AL CLERK