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HomeMy WebLinkAbout10/25/2004 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON October 25, 2004 Minutes of a regular meeting of Council held on October 25, 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. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 7:23 p.m.) Director of Planning Services, D. Crome (attended until 7:35 p.m.) Solicitor, D. Hefferon (attended until 7:35 p.m.) Director of Operations, F. Horvath (attended until 7:23 p.m.) Director of Corporate Services, M. Marano (attended until 7:23 p.m.) Assistant Director of Community Services, B. Taylor (attended until 7:23 p.m.) Director of Finance/Treasurer, N. Taylor (attended until 7:35 p.m.) Acting Chief of Emergency & Fire Services, G. Weir (attended until 7:23 p.m.) Administrative Assistant to the Clerk, C. Tennisco (attended until 7:23 p.m.) Municipal Clerk, Patti Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-529-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on October 12, 2004, be approved. "CARRIED" . . . Council Minutes PRESENTATION -2- October 25, 2004 Mayor Mutton announced that Diamond Municipal Solutions presented the Municipality of Clarington with the Innovation Award at its 2004 Client Conference held in Brantford from October 18 to 20, 2004. The award was given in recognition of Clarington's quick implementation of Great Plains along with other software applications ie. eRequistion to increase Great Plains potential in meeting present and future expansion of Clarington's business process. Mayor Mutton advised that on October 22, 2004 the Provincial government announced the delivery of gas tax funds towards the transit system. The Municipality of Clarington received $364,000.00, Ajax/Pickering received $1.2 million, Oshawa received $1.2 million and Whitby received $600,000. The formula used to determine the funding is based on ridership and population. Mayor Mutton presented the 2004 Senior of the Year Award to Mr. Murray Paterson. Mr. Paterson, a life long resident of the Village of Newcastle, was nominated for this award by Council because of his lengthy and varied involvement with the community. Councillor Trim announced that he had attended a ceremony in Oshawa where one of Oshawa's seven accessible buses was unveiled. Mayor John Gray stated the partnership between The City of Oshawa and the Municipality of Clarington is a win/win situation. COMMUNICATIONS I - 1 M02.GE Resolution #C-530-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the communications to be received for information, be approved with the exception of Item I - 25. "CARRIED" Mary Tillcock, Run Organizer, on behalf of the Steering Committee of the Clarington Terry Fox Run, thanking the Municipality of Clarington Clerk's Department for the support given for the "Run". . Council Minutes - 3 - October 25, 2004 COMMUNICATIONS 1-2 C06.SA 1-3 C06.SA 1-4 C06.SA 1-5 C06.CL 1-6 C06.AG 1-7 C06.DU 1-8 . T03.GO 1-9 C06.NE I - 10 C06.LO I - 11 C06.GA I - 12 C06.SA 1- 13 M06.ED Minutes of the Santa Claus Parade meeting dated September 8, 2004. Minutes of the Santa Claus Parade meeting dated September 22, 2004. Minutes of the Santa Claus Parade meeting dated October 4, 2004. Minutes of the Animal Advisory Committee meeting dated September 8, 2004. Minutes of the Clarington Agricultural Advisory Committee meeting dated September 16,2004. Minutes of the Durham Nuclear Health Committee meeting dated September 17, 2004. Minutes of the Greater Toronto Transit Authority meeting dated September 10, 2004. Minutes of the Newcastle Community Hall Board meeting dated September 13, 2004. Minutes of the Local Architectural Conservation Advisory Committee meeting dated September 21, 2004. Minutes of the Ganaraska Region Conservation Authority meeting dated September 16, 2004. Samuel Wilmot Nature Area News for the Fall 2004. Stephen Kay, Chair, and Lynda Hessey, Executive Director, Durham Haliburton Kawartha & Pine Ridge District Health Council 2003 - 2004, providing Council with their 2003 - 2004 Annual Report. . . . . Council Minutes COMMUNICATIONS 1-14 D01.GE I - 15 C06.CE 1- 16 E05.GE 1-17 D02.GE 1- 18 A04.GE 1- 19 F11.GE 1-20 E05.GE -4- October 25, 2004 Jim Murphy, Director, Government Relations, Greater Toronto Homebuilders' Association, submitting copies of "Powerhouse - Greater Toronto Home Builders' Association", "Getting It Right- Response to 'Places to Grow"', and "Turning Dirt into Gold". Central Lake Ontario Conservation advising of the following appointments to CLOCA Staff: Barb Hodgins, Planning Specialist - Provincial/Municipallssues; and Warren Coulter, Environmental Engineering Analyst. Stan Nieradka, Financial Secretary, CAW Durham Regional Environment Council, forwarding a letter of invitation to the Mayor and Councillors for the "Cancer Prevention Forum", Tuesday, November 16, 2004 to be held at the CAW Local 222 Union Hall, 1425 Phillip Murray Avenue, Oshawa. The Honourable Paul Martin, Prime Minister, providing a copy of the "Speech from the Throne" which sets out the Government's priorities to move Canada forward. Rick Lea, Executive Director, Durham Region Local Training Board, submitting a copy of the "2004 Trends, Opportunities and Priorities Report" for Durham Region. Susan T. McGovern, Vice President, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority, informing that OSIFA's "Round 2 Loan Program", low- cost and long term infrastructure financing, deadline for assistance is October 28, 2004 and may be accessed at www.osifa.on.ca. David Miller, Mayor, City of Toronto, submitting a copy of correspondence to The Honourable David Caplan, Minister of Public Infrastructure Renewal, commending the government and stating the City of Toronto's support for the development of the Provinces' Discussion Paper, Places to Grow: Better Choices, Brighter Future, A Growth Plan for the Greater Golden Horseshoe. . . . Council Minutes COMMUNICATIONS 1-21 C06. VI 1-22 M02.GE 1-23 C10.MO -5- October 25, 2004 The Visual Arts Centre of Clarington informing Council of the Rotary Centennial Gardens Project. The project involves major improvements to the exterior of the Visual Arts Centre - flower gardens, tree planting, signage, exterior lighting, improved parking, garbage enclosure, walkways, benches and a proposed amphitheatre. To aid in the funding of the project, the public will participate by purchasing an engraved paver-stone to be used on the exterior walkway. Willie & Donna Woo, Polar Bear Swim Organizers, and Sandra Holdsworth, Public Relations Officer, Canadian Transplant Association-Ontario Division, informing Council of the upcoming 3rd Polar Bear Swim to be held on Saturday, January 1, 2005 at 12:00 noon at the waterfront in Newcastle. The Polar Bear Swim is a vehicle to promote awareness of Organ Donation and encourages participants to sign their Organ Donor Card. Kimberley Kitteringham, Deputy City Clerk, The Corporation of the City of Oshawa, submitting a copy of correspondence to Barrett R. Adams, MD, President and Rocco Gerace, MD, Registrar, The College of Physicians and Surgeons of Ontario, advising them that at a meeting held on October 4, 2004, their Council passed the following resolution regarding Tackling the Doctor Shortage Discussion Paper: "THAT a copy of Report SIC-04-120, dated September 14, 2004 from the City Manager be forwarded to: a) the College of Physicians and Surgeons of Ontario, and they be requested to: i) consider and incorporate the City's comments on the Discussion Paper entitled Tackling the Doctor Shortage; and ii) meet with the Oshawa Physician Recruitment Task Force to discuss recruitment initiatives and how the CPSO can assist; and b) the Ministry of Health and Long Term Care, Oshawa MP, and MPPs, and other significant municipalities within the Greater Golden Horseshoe area." . . . Council Minutes COMMUNICATIONS 1- 24 C10.MO 1-25 M06.ED -6- October 25, 2004 Kimberley Kitteringham, Deputy City Clerk, The Corporation of the City of Oshawa, submitting a copy of correspondence to The Honourable Harinder S. Takhar, Minister of Transportation, advising that at a meeting held on October 4, 2004, their Council passed the following resolution regarding Red Light Cameras: "THAT the City of Oshawa notes that according to the most recent Ministry of Transportation statistics, excessive speed was a factor in 138 fatalities and 6,079 serious injuries in Ontario in 2002. It is further noted that, according to a recent UK study, the number of people killed and seriously injured has fallen by 40% where cameras have been introduced in the UK. Similar reductions have been observed in British Columbia, Norway and Australia where cameras have been introduced. We therefore call upon the Province of Ontario to allow municipalities to use this extremely effective tool in reducing the unacceptable levels of speeding in our school zones, on our local streets and the carnage on our roads and a copy of this resolution be forwarded to the Regional Municipality of Durham and to municipalities within the Region." Kawartha Pine Ridge District School Board Trustees advising Council of their decision to close Bowmanville Senior Public School in June 2006. Resolution #C-531-04 Moved by Councillor MacArthur, seconded by Councillor Schell WHEREAS the Kawartha Pine Ridge District School Board has announced plans to close the Bowmanville Senior Public School in 2006; WHEREAS developers in the north-west portion of Bowmanville are advancing draft approved plans of subdivision towards final approval with the potential for 1200 additional residential dwellings; WHEREAS Council understands that the Kawartha Pine Ridge District School Board has not secured a school site for the future pupils resulting from the developments; . . . Council Minutes October 25, 2004 -7- COMMUNICATIONS THEREFORE BE IT RESOLVED that the Municipality of Clarington requests information on the Board's timing for the provision of school facilities to serve the residential population of the north-west portion of Bowmanville for the draft approved plans of subdivision now being advanced. "CARRIED" Resolution #C-532-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 3, and D - 5 to 0 - 7, inclusive. "CARRIED" D - 1 C06.SA Terryl Tzikas, Secretary, Bowmanville Santa Clause Parade, requesting permission to hold the 43rd Annual Community of Bowmanville Santa Claus parade on Saturday, November 20th, 2004 beginning at 10:30 a.m. The co-operation of the Police Department, Municipality of Clarington Operations Department and the use of the Old Fire Hall is required. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D-2 P14.GE Karin Martens, President, Humane Society of Durham Region, stating opposition to the banning of pit bull dogs. Ms. Martens advises that to date, after dealing with hundreds of these dogs, the Human Society staff have not been bitten by a pit bull. (Correspondence referred to the Municipal Clerk) . . . Council Minutes COMMUNICATIONS D-4 F11.GE D - 3 E07.GE D-5 C10.MO -8- October 25, 2004 Malcolm Hamon, League Administrator, Darlington Men's Select Soccer League, seeking funds to support the celebration of the 125lh season of the Darlington Men's Select Soccer League in 2005; the longest running soccer organization in Canada. To mark this occasion several events have been planned including an All Star game and banquet to be held on Saturday, July 9,2005 at the Garnet Rickard Sports Complex. To help offset the costs of the event, he is requesting financial assistance. (The Municipal Clerk to advise of the grant process) Evylin Stroud, Bowmanville, requesting direction on disposing/composting of maple tree leaves which have a fungus. Resolution #C-533-04 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Item D - 3 be referred to the Director of Operations. "CARRIED" Roger Anderson, Co-Chair, GT AH Mayors and Regional Chairs Group, advising Council that at a meeting held on October 1, 2004, they passed the following resolution regarding The Fuel Tax: "THAT: 1) the 75/25 formula for allocation of the Federal fuel tax for investment in roads and transit, as proposed by the Hub Cities, be endorsed; 2) copies of the "Hub City Mayors' Summit Communique - Key Facts", the "Mayors Summit Communique - September 18, 2004", and this motion be circulated to the GT AH Councils and the province for their consideration and . . . . Council Minutes COMMUNICATIONS D-6 C10.MO - 9- October 25, 2004 3) GTAH municipal councils be requested to endorse the 75/25 fuel tax allocation formula proposed by the hub City Mayors." Resolution #C-534-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution from the Regional Municipality of Durham regarding the Fuel Tax be endorsed by the Municipality of Clarington. "CARRIED" Martin de Rond, Director, Legislative and Information Services/Town Clerk, Town of Ajax, advising Council that at a meeting held on September 27,2004, their Council passed the following resolution regarding the Municipal Elections Act- Campaign Finance Reform: 'WHEREAS, the Council of the Corporation of the Town of Ajax, through By-law 89-2004, established a Council Member Code of Conduct intended to identify principles and actions to strengthen the trust, integrity and transparency of municipally-elected representatives; and WHEREAS, the Council of the Corporation of the Town of Ajax seeks to strengthen accountability and transparency of all individuals registered as candidates in a municipal election, whether elected or defeated; and, WHEREAS, the Municipal Elections Act, 1996 (the Act) governs the scope and nature of municipal election campaigns and their associated public filing and reporting requirements; and, . . . Council Minutes COMMUNICATIONS - 10- October 25, 2004 WHEREAS, the Act and the administration of the Act through the Minister of Municipal Affairs and Housing should be fully examined and where appropriate, amendments made to ensure the highest standards of accountability and transparency govern the conduct, activities and campaign filing and reporting requirements of municipal election candidates; and, WHEREAS, the Council of the Corporation of the City of Toronto have considered a number of legislative, administrative and structural amendments recommended by the Toronto Election Finance Review Task Force intended to improve the accountability and transparency in the legislative provisions of municipal election finances. NOW THEREFORE BE IT RESOLVED: 1. THAT the Government of Ontario be requested to amend the Municipal Elections Act, 1996 as follows: a) Prohibit all campaign contributions from corporations or trade unions; b) Require monies spent on gala parties, receptions and other fund-raising events to be considered as reportable campaign expenses; c) Empower the Chief Electoral Officer of Ontario to oversee legislative compliance, including campaign finance compliance audits described under Section 81; and d) Require campaign surpluses to become the immediate and permanent property of municipalities, inaccessible to incumbent candidates in successive municipal elections. . . . Council Minutes COMMUNICATIONS D -7 C06.AG - 11 - October 25, 2004 2. THAT the Clerk circulate notice of this resolution to the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, the Honourable Dalton McGuinty, Premier of Ontario, all Durham Region MPPs, all Durham Region Municipalities, the City of Toronto, AMO and AMCTO." Resolution #C-535-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 6 from the Town of Ajax regarding the Municipal Elections Act be received for information. "CARRIED" Tom Barrie, Chair, Agricultural Advisory Committee of Clarington, advising Council that at a meeting held on October 14, 2004, the following resolution was passed: 'WHEREAS the increase in volume of urban travelers on rural roads is resulting in unwarranted complaints to the Society for the Prevention of Cruelty to Animals concerning the care of large animals on farms; AND WHEREAS the investigation of these complaints is providing a new and unexpected stress to the farmer already burdened with unparalleled low livestock values, pressures from the World Trade Organization Agreement, N.A.F.T.A. rulings, the B.S.E. crisis and the ever present Nutrient Management Act; NOW THEREFORE BE IT RESOLVED that the Agricultural Advisory Committee of Clarington recommend to Clarington Council that it request the Honourable Steven Peters, Minister of Agriculture and Food seek amendments to the Ontario Society for the Prevention of Cruelty to Animals Act that would require any S.P.C.A. Officer, upon receiving a complaint concerning large animals at a farm location, . . . Council Minutes COMMUNICATIONS - 12- October 25, 2004 contact the farmer and make an appointment for an inspection, at a mutually agreeable time, allowing the S.P.CA to contact the farmer's Veterinarian and arrange to have him/her present, at no cost to the farmer, and allow the farmer time to arrange to have a representative from a registered farm organization or association of his/her choice also present; AND FURTHER that a copy of this resolution be forwarded to the local member of provincial parliament and the Association of Municipalities of Ontario (for provincial circulation and support)." Resolution #C-536-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution from the Clarington Agricultural Advisory Committee regarding amendments to the Ontario Society for the Prevention of Cruelty to Animals Act be endorsed by the Municipality of Clarington. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes Declaration of Pecuniarv Interest No Councillor Foster Councillor MacArthur Councillor Pinqle Councillor Robinson Councillor Schell Councillor Trim Mavor Mutton ~ -:;r ~ ~ -:;r -:;r ~ . . . Council Minutes October 25, 2004 - 13 - NOTICE OF MOTION REPORTS Report #1 Resolution #C-537-04 G.P.A. Report Moved by Councillor Schell, seconded by Councillor Trim October 18, 2004 THAT the General Purpose and Administration Committee Report of October 18, 2004, be approved. "CARRIED" Report #2 Resolution #C-538-04 Confidential Report CLD-33-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Report CLD-33-04 be received; and THAT the request be approved as per Council's usual practice. "CARRIED" Resolution #C-539-04 Confidential Reports Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Report PSD-133-04 regarding a property matter and the Confidential Verbal Report of the Chief Administrative Officer regarding a personnel matter be referred to the end of the agenda to be considered at a "closed" session. "CARRIED" BY-LAWS Resolution #C-540-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-224 to 2004-230 inclusive, and that the said by-laws be now read a first and second time: 2004-224 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1098431 Ontario Ltd.) . . . Council Minutes BY-LAWS - 14- October 25, 2004 2004-225 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and A.E. Sharp Limited, Burlington, Ontario, to enter into an agreement for the direct purchase of Natural Gas 2004-226 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 2004-227 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Barr's Roofing & Sheet Metal Ltd., Newcastle, Ontario, to enter into an agreement for the Clarington Beech Centre Roofing Upgrades 2004-228 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Julie Amanda Johnston and Jeffrey Scott Johnston, in respect to the purchase of 62 East Beach Road, Smart Plan H50073, Part 3, 10R-1734, Part Lot 9, Broken Front Concession, Municipality of Clarington and to repeal By-law 2004-219 2004-229 being a By-law to amend By-law 2003-188, being a by-law to establish the composition of the Clarington Public Library Board 2004-230 being a By-law to amend By-law 2004-025, being a by-law to appoint Members to the Clarington Public Library Board Resolution #C-541-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-224 to 2004-230 inclusive, be approved. "CARRIED" . . . Council Minutes OTHER BUSINESS Boards and Committees Updates - 15 - October 25, 2004 Councillor Foster announced that through the Rick Hansen Wheels in Motion Campaign the Clarington Accessibility Advisory Committee raised $3,000.00. These funds will be used to purchase accessible picnic tables for the Park at the Visual Arts Centre. Councillor Robinson complimented staff on the 2nd Annual Sports Hall of Fame celebration. He stated that an information session in regards to the Port Granby Project will be held on Wednesday, October 27,2004. Councillor Robinson stated a concern in regards to the advertisement for the upcoming meeting; it did not reflect resident's request to change the name to "Port Granby Project". Councillor Schell stated the Downtown Streetscape - Bowmanville is one week away from completion. The BIA is very pleased with how the project has been done; all staff are to be complimented on a job well done. Resolution #C-542-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider personnel and property matters. "CARRIED" Resolution #C-543-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken at the "closed" meeting be ratified. "CARRIED" . . . Council Minutes - 16- October 25, 2004 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-544-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2004-231 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 25th day of October 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-545-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2004-231 be approved. "CARRIED" Resolution #C-546-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 7:46 p.m. "CARRIED"