HomeMy WebLinkAbout10/25/2004
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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"
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Council Minutes
PRESENTATION
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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
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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".
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October 25, 2004
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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.
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Council Minutes
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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.
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Council Minutes
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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."
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Council Minutes
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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;
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Council Minutes
October 25, 2004
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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"
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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)
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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)
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Council Minutes
COMMUNICATIONS
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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
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Council Minutes
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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,
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Council Minutes
COMMUNICATIONS
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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.
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Council Minutes
COMMUNICATIONS
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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,
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Council Minutes
COMMUNICATIONS
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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
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Council Minutes
October 25, 2004
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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.)
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Council Minutes
BY-LAWS
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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"
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Council Minutes
OTHER BUSINESS
Boards and
Committees
Updates
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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"
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Council Minutes
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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"