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HomeMy WebLinkAbout01/27/2003 . . '. , Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON January 27, 2003 Minutes of a regular meeting of Council held on January 27, 2003, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 8:10 p.m.) Director of Emergency Services/Fire Chief, M. Creighton (attended until 8:43 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 8:10 p.m.) Director of Corporate Services, M. Marano (allended until 8:43 p.m.) Assistant Director of Community Services, B. Taylor (attended until 8: 10 p.m.) Director of FinancefTreasurer, N. Taylor Confidential Secretary to the Municipal Clerk, H. Keyzers (attended until 8:10 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to the delegation of Glenda Gies, Co-Chair, St. Marys Cement Community Relations Committee. . Council Minutes MINUTES ANNOUNCEMENTS 4t DELEGATIONS . -2- January 27,2003 Resolution #C-065-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on January 13, 2003, be approved. "CARRIED" Mayor Mutton presented the Coat of Arms for the Municipality of Clarington as it has been granted by the Chief Heraldic of Canada. He gave a brief description of the elements of the Coat of Arms. Councillor Trim attended a public meeting in Newcastle for the pumping station. He will be allended the annual Chamber of Commerce dinner and annual meeting January 28, 2003. Liz White, Animal Alliance, 221 Broadview Avenue, Suite 101, Toronto, M4M 2G3, appeared before Council to thank Clarington for having invested in building an efficient and humane animal service programme. Animal Alliance and the Municipality of Clarington have maintained a productive and innovative relationship and, as a result, Clarington has developed one of the best animal service programmes in the country. Progressive licensing has increased the claim rate for dogs, resulting in a drop in euthanasia rates. An aggressive adoption programme has resulted in adoption numbers, particularly for cats, which are substantially higher than most other municipalities with significantly greater resources and even higher than most humane societies across the country. Animal Alliance cites Clarington as a shining example of what can be accomplished with a willing Council, staff and shelter employees. Councillor Schell stated a pecuniary interest with respect to the delegation of Glenda Gies, Co-Chair, St. Marys Cement Community Relations Commillee. Councillor Schell's employer is St. Marys Cement. . Council Minutes DELEGATIONS . . . . . . . . . . . - 3 - January 27,2003 Glenda Gies, Co-Chair, St. Marys Cement Community Relations Committee appeared before Council on behalf of David Ashcroft, to present their 2002 Annual Report. She advised Council that she has replaced David Ashcroft as Co-Chair of the Commillee. Ms. Gies listed the following activities that were the Committee's focus for 2002: enrolled new commillee members; reviewed and refined procedures for reporting concerns; arranged for pubic presentation of implementation of Wests ide Marsh Plan; reviewed and refined procedures for reporting concerns regarding the implementation of the Westside Marsh Plan; worked with CLOCA regarding newly acquired lands in the Port Darlington Community; four public meetings were held to address issues and concerns; CLOCA provided a presentation regarding the transfer of greens pace lands; addressed concerns raised regarding retirement and replacement of Commillee Members; Co-chairs retired in 2002; revised protocol for residents' complaints. Ms. Gies believes that the Committee has provided an important service to the public and she requested Council's continued support. She also requested that any member of Council who receives a complaint from residents should encourage them to contact the Committee directly. Bill Humber, 15 Beech Street, Bowmanville, L 1 C 3A 1, appeared on behalf of the Old Bowmanville Neighbourhood Association to thank Council, staff of the Engineering Department, Tollen Sims Hubicki and the construction crew led by Ron Robinson Construction for the work they planned and completed on Concession and Elgin Streets this past summer. A submission for recognition of this project by the American-based Environmental Design Research Association, as part of their annual design competition, is currently underway. Mr. Humber advised Council that two residents of the area will be providing a plan for the continuing improvement of Concession Street through a resident-initiated and sponsored spring planting program of flowers and appropriate vegetation. The Committee is seeking two things: . . . . Council Minutes DELEGATIONS COMMUNICATIONS I - 1 D02.0A 1-2 M06.GE 1-3 C06.TY 1-4 C06.PO -4- January 27, 2003 1. Council's endorsement of this resident-developed and resident-supported initiative; and 2. that staff liase with residents on this project to ensure that their actions are consistent with Municipal procedures. Resolution #C-066-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items 1- 11, 1- 12, 1- 14 and 1-16. "CARRIED" The Honourable Chris Hodgson, Minister of Municipal Affairs and Housing, providing Council with a copy of the final published version of the Oak Ridges Moraine Conservation Plan. (Received for Information) Association of Municipalities of Ontario (AMO), advising Council of Minister Chris Hodgson's resignation that takes effect on Monday, January 13, 2003. The Minister has gone a long way to improving the provincial-municipal relationship and was instrumental in seeing a new Municipal Act put in place. The Memorandum of Understanding, which sets out a consultation protocol between the Province and AMO on matters of mutual interest, is another major achievement and the Minister's efforts were instrumental in seeing it inked and implemented. (Received for Information) Minutes of the Village of Tyrone meeting dated January 4, 2003. (Received for Information) Minutes of the Port Granby Project Community Advisory Commillee meeting dated December 5, 2002. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 5 C15.RE - 5 - January 27, 2003 Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa on January 13, 2003, passed the following resolution: "1. WHEREAS the Corporation of the City of Oshawa is concerned about exercising due diligence in its responsibility to be accountable to its residents; WHEREAS the residents of the City of Oshawa share in the cost of Region of Durham expenditures through the apportioned tax levy; WHEREAS it is deemed to be in the public interest of the residents of the City of Oshawa to be provided an opportunity to comment on all information, reports, and documentation used by the Region of Durham in respect of the need to construct a new Regional Headquarters before any decision to proceed is put before Regional Council; WHEREAS there has not been an opportunity provided by the Region of Durham for public consultation or comment on a significant expenditure that is proposed to negatively impact the tax base for a minimum of 21 years; NOW THEREFORE BE IT RESOLVED THAT the City of Oshawa requests that the Council of the Region of Durham table, until the Regional Council meeting of March 26, 2003, any decision on the proposed construction of a new Regional Headquarters; and THAT the mailer of the proposed construction of a new Regional Headquarters be referred to the local municipalities with full disclosure of all information including detailed documents supporting any business case analysis for the purpose of permitting public consultation to occur and subsequent reporting to the Region prior to any decision by Regional Council on March 26, 2003; and . . . Council Minutes COMMUNICATIONS -6- January 27, 2003 THAT the Councils of the Region of Durham Municipalities be copies on this request. 2. THAT the Council of the City of Oshawa request that the Chair of the Strategic Initiatives Commillee put forward the following resolution at the joint Regional Finance and Works Commillee meeting as the City of Oshawa's response to Regional Report 2003-J-01 and request that the questions raised in the resolution be addressed prior to the Regional Councilor Regional Commillee making any decision on the construction of a new Regional Headquarters: 'WHEREAS providing the necessary time required to allow local analysis with full disclosure of all supporting documentation will demonstrate efforts of due diligence by the Region of Durham to its local area municipalities and to the residents of the Region of Durham; WHEREAS there have been substantive changes in the number presented through Report 2003-J-01 regarding the construction of a new Regional Headquarters for which backup documentation and analysis has not been disclosed to support or reconcile the present numbers to the June 2002 Report 2002-J-13, including but not limited to the following: 1. Square footage requirements have changed from approximately 291 ,700 square ft (including Police) to 334,155 square feet (approximately 15%) 2. Lease costs have increased from $4.8 to $8.7 million (approximately 81 %) 3. Construction costs have increased from $6.7 to $8.2 million (approximately 22%) [page 7 and Allachment 4 page 7] . . . Council Minutes - 7 - January 27, 2003 COMMUNICATIONS 4. The total contract costs appear to have been fundamentally altered under the two scenarios without supporting reconciliation or documentation, including the following: costs to construction $44,180,195 for 334,155 sq.ft equates to a cost/sq. ft of $132. versus $44,039,600 for 251 ,700 sq.ft at $175 per sq.ft. (the cost per square foot under the revised analysis does not appear to be presented), there are no demolition costs identified in the revised scenario, the furniture costs have changed from $4 million in the original scenario to $1.8 million, and there are no identifiable contingencies in the first scenario but are shown at $3.7 million in the revised scenario, and the cabling/network costs are $3.9 million in the first scenario but are not separately identified in the revised scenario. 5. The original report uses a discount rate estimated to be approximately 3%, whereas it would be expected that the cost of capital would be used in the analysis, and the revised report is not clear on the assumptions made or rates applied. 6. The original cost comparison excludes costs related to communication equipment and telephone systems, whereas the revised scenario appears to have included communications as well as technology costs (per section 6.5) with no detail or specification of assumptions used. 7. There is no reference to any future impact on the local tax base by up fronting $14.5 million from reserve funds that otherwise may be available to offset future tax impacts or pending capital projects that may now require financing from a future tax base. . Council Minutes - 8- January 27, 2003 COMMUNICATIONS 8. Previous payback estimates of 21 years have been eliminated for suggestions of a payback after year 1 with no detail to support the conclusion and no reconciliation of numbers from the previous report. 9. The Police space needs analysis and review was to be reported back separately, and it has been included in this analysis with change in requirements from 40,000 square ft. in June 02 costing approximately $2.4 million based on the 'EllisDon bidding/pricing strategy'. There is no detailed explanation of the 'strategy' and how it leads the significant change in construction costs. . 10. The funding recommendation refers to use of Development Charges Reserve Fund without explanation of how this is permitted under current Development Charge legislation restrictions on use of these funds for administrative facilities. 11. While both reports refer to 'maintenance and operating costs', neither provides a specific details on what costs have been included in the category of costs. WHEREAS there has been no opportunity for public input at the local level despite the requests made verbally; WHEREAS the suggested future expansion requirements under section 3.5 are proposed to be introduced before the term of the current debenture is complete, any savings project over 35 years are questionable; . WHEREAS section 3.5 of the report identifies that a conceptual design for building expansion at the southern end of the facility has been prepared for future growth needs without Council approval, and for which Council has not been provided any documentation; . . . Council Minutes COMMUNICATIONS 1- 6 D02.0A - 9 - January 27, 2003 WHEREAS Report 2003-J-01, resolution 5.1 identifies an option of providing alternative accommodation, without any details of such option such that a comprehensive analysis of all options is not possible; NOW THEREFORE BE IT RESOVLED THAT the Finance and Works Committee recommend to Council: THAT the decision of construction of new Regional Headquarters be deferred until the following have been resolved to the satisfaction of Regional Council and confirmation of concurrence has been forwarded to Regional Council from the local area Municipal Councils: 1. An audit analysis of the total project cost including assumptions and supporting documentation has been provided by the Region's auditors or an independent audit firm chosen by Regional Council; 2. Analysis at each of the local municipalities after full disclosure of all information relating to the decision of construction of a new Regional Headquarters has been provided. 3, The outstanding mailers identified in this resolution are resolved to the satisfaction of Regional Council; and THAT Regional staff be requested to report back directly to Regional Council with the information requested above." (Received for Information) Peter Bramma, Scugog Chair, Oak Ridges Trail Association, providing Council with a copy of their trail map showing the roads along which their members hike, plus a copy of their certificate of insurance. The trail runs east/west along the Oak Ridges Moraine from Gores Landing to Palgrave, a distance of approximately 200 km. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-7 C06.AN 1-8 C06.CL 1- 9 C15.RE 1-10 C06.CL 1-13 C06.NE 1-15 C15.RE - 10- January 27, 2003 Minutes of the Animal Advisory Commillee meeting dated November 13, 2003. (Received for Information) Minutes of the Clarington Agricultural Advisory Committee meeting dated November 14, 2002. (Received for Information) M. de Rond, Clerk, Town of Ajax, advising Council that the Town of Ajax on January 13, 2003, passed the following resolution: "THAT the Council of the Regional Municipality of Durham defer a decision on the new Region Headquarters project to the February 12, 2003, regular Council meeting to allow for public review and comment." (Received for Information) Minutes of the Clarington Public Library meeting dated January 22, 2003. (Received for Information) Minutes of the Newcastle Community Hall Board meeting dated November 19, 2002. (Received for Information) Cindy Fleming, Secretary, Strategic Initiatives Committee, City of Oshawa, advising Council that the City of Oshawa on January 14, 2003, passed the following resolution: "1. THAT correspondence dated January 14, 2003, from Jonathan Erling, P.Eng., Director, KPMG LLP summarizing the findings of the KPMG LLP review of Regional Report 2003-J-01, Request for Project Approval for the Construction of a New Consolidated Regional Administrative Headquarters Facility (RFP 694-2002) be received for information; and, 2. THAT copies of the correspondence from KPMG LLP be provided to all Members of Regional Council; and, 3. THAT copies of the correspondence from KPMG LLP be forwarded to all local Councils in Durham Region with a request that each member of Council be provided with a copy; and, . . . Council Minutes COMMUNICATIONS 1-17 1-18 A01.FE 1-19 L11.GE - 11- January 27, 2003 4. THAT correspondence from KPMG LLP be posted on the City of Oshawa's Website." (Received for Information) Robert W. Runciman, Leeds-Grenville, Minister of Correctional Services, advising Council of the government's plan for the Whitby Jail. The Whitby jail was identified as one of the institutions whose operations would be transferred to the Central East Correctional Centre (CECC). The CECC, located in Lindsay, is one of two state of the art facilities built in Ontario. The facility includes six 192-bed inmate living units with adjacent program areas, a separate living unit for female inmates, a medical infirmary and a segregation and treatment unit. Support facilities include an administrative wing, a re-therm kitchen and an industry building. Correctional operations at the Whitby Jail will be entirely discontinued effective January 20, 2003. (Received for Information) Federation of Canadian Municipalities (FCM), advising Council that Canada's cities and towns require renewed federal involvement and intergovernmental partnership to meet growing and urgent needs. The priority for FCM is to focus federal allention on the infrastructure needs of Canadian towns and cities. FCM President Schmal says that the 1 O-year infrastructure program promised in the last Speech from the Throne will be adequately funded only if MPs are reminded of the benefits earlier programs brought to their communities. (Received for Information) Doug Barnes, Assistant Deputy Minister, Ministry of the Environment, providing Council with a copy of the proposed new drinking water regulation. The Ontario government is proposing a new drinking water regulation under the Safe Drinking Water Act. The regulation incorporates current requirements related to drinking water systems that are now found in the Drinking Water Protection Regulation (0. Reg. 459/00), and the Drinking Water Protection Regulation for Designated Facilities (0. Reg. 505/01) and integrates them with new requirements from the Safe Drinking Water Act, 2002 (SDWA). The government will consult on the draft regulation for 60 days. (Received for Information) . . . Council Minutes COMMUNICATIONS I - 11 E07.GE 1-12 SOO.GE - 12- January 27,2003 Waste Diversion Ontario, advising Council that for the fifth consecutive year, the Liquor Control Board (LCBO) of Ontario has provided Ontario municipalities that recycle glass beverage alcohol containers with a financial contribution to their recycling costs. LCBO contributed four million dollars, which was divided on a per tonne basis amongst 169 municipal Blue Box programs. Since 1998, the LCBO has contributed $20 million to municipalities to help cover the costs of recycling beverage alcohol containers in municipal Blue Box programs. The Regional Municipality of Durham is one of the municipalities who has received funds from the program. The LCBO will continue this funding commitment by contributing a further $5 million for this purpose in each of the next five years, through Waste Diversion Ontario. Resolution #C-067-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1- 11 be received for information. "CARRIED" Minister Tony Clement, Health and Long-Term Care, thanking Council for overseeing the designation assessment process for General/Family Practitioners. The Municipality of Clarington has been designated as underserved with a complement of 51 General/Family Practitioners through the Underserviced Area Program (UAP). For the purposes of the UAP, Clarington will be identified as requiring a complement of 51 physicians and currently having 11 vacancies on the Underserviced Area Program's next List of Areas Designated as Underserviced (LADAU) for General/Family Practitioners. In addition, the information will appear on the Ontario Medical Association's Physician Job Registry internet site. The recruitment benefits of UAP for Southern Ontario are available to assist the area in filling and maintaining the approved complement. If after a year of active recruitment the area is still unsuccessful, an incentive grant may become available to a physician moving to the area. . . . Council Minutes COMMUNICATIONS 1-14 C10.MO - 13 - January 27, 2003 Resolution #C-068-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-12 be received for information. "CARRIED" Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa on January 13, 2003, passed the following resolution: 'WHEREAS Oshawa Council, at its meeting of December 3, 2001, approved a recommendation that 'the fluorescent yellow/green colour be adopted as the standard for school area, school crossing and school crossing ahead signs consistent with the Transportation Association of Canada, Manual of Uniform Traffic Control Devices', and WHEREAS all school crossing, school crossing ahead and school area signs in Oshawa have been converted to the fluorescent yellow/green colour, and WHEREAS the Regional Traffic Advisory Committee, with representatives from all area Municipalities, the Region of Durham and the Durham Regional Police Service agree that the use of the fluorescent yellow/green colour for other street signing applications would degrade its effectiveness for school related signs; THEREFORE BE IT RESOLVED: THAT the resolution from the Town of Ajax regarding fluorescent yellow/green school signs be endorsed, in principle, as it only relates to school crossing signs; THAT fluorescent yellow/green signing material be reserved for school crossing and school area signs in the City of Oshawa; AND THAT the Region of Durham, its area municipalities and the Ontario Traffic Conference be advised of the City's resolution of this mailer." . . . Council Minutes COMMUNICATIONS 1-16 D02.0A - 14- January 27, 2003 Resolution #C-069-03 Moved by Councillor Trim, seconded by Councillor Schell WHEREAS with the adoption of the recommendations contained in Report EGD-07-02 the Municipality of Clarington adopted as the standard for school area, school crossing and school crossing ahead signs to be consistent with the Transportation Association of Canada, Manual of Uniform Traffic Control Devices, the Region of Durham and a growing number of Ontario municipalities; AND WHEREAS the funding for the conversion from the white or blue coloured signs to the new, black on fluorescent yellow/green signs was approved in the 2002 budget; NOW THEREFORE BE IT RESOLVED: THAT Correspondence Item 1- 14 be received; THAT the resolution from the City of Oshawa regarding fluorescent yellow/green school signs be endorsed; THAT fluorescent yellow/green signing material be reserved for school crossing and school area signs in the Municipality of Clarington; and THAT the Region of Durham, its area municipalities, Ministry of Transportation, Association of Municipalities of Ontario, and the Ontario Traffic Conference be advised of Council's decision. "CARRIED" Doug Moffall, Mayor, Township of Scugog, writing to the Honourable Helen Johns, Interim Minister of Municipal Affairs & Housing, requesting further consideration of the process and timing for implementation of the Oak Ridges Moraine Conservation Plan (ORMCP) in local Official Plans and local Zoning By-laws for the following reasons: 1. 2. 3. 4. Interpretation of the ORMCP Act; Costs; Zoning/Development permit options; and Municipal Elections 2003. . . . Council Minutes COMMUNICATIONS D - 1 M02.GE D-2 M02.GE - 15 - January 27, 2003 Resolution #C-070-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT the resolution of the Township of Scugog regarding the Oak Ridges Moraine Conservation Plan be endorsed by the Council of the Municipality of Clarington; and THAT Correspondence Item 1- 16 be copied to the Conservation Authorities. "CARRIED" Resolution #C-071-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Correspondence Items for direction be approved as per the agenda with the exception of Items D - 4 to D - 8, inclusive. "CARRIED" Angela Mastrangelo, MS Society, Durham Chapter, Carnation Chairperson, requesting Council to proclaim the month of Mayas MS Carnation Month and to approve "Tag Days" which will take place on May 9 and 10, 2003. The sale of carnations at locations within the Durham Region helps them raise approximately $2 million across Canada to support vital on-going research for persons with MS and their families. (Proclaimed and approved the sale of carnations on "Tag Days") Joe Freemantle, Branch President and Sharon Walker, Branch Manager, Canadian Red Cross, requesting Council to proclaim the month of March as Red Cross Month. They are also requesting permission to fly the Red Cross flag at the Municipal Administrative Centre during March, as a tribute to the many citizens who give of themselves, to help those in need, by volunteering with the Red Cross. (Proclaimed and permission granted for the Red Cross flag to fly at the Municipal Administrative Centre) . . . Council Minutes COMMUNICATIONS D-3 M02.GE D-4 C10.MO - 16- January 27,2003 Stephanie Miskew, Coordinator, Durham's Child Nutrition Project, requesting Council to proclaim the month of March as Nutrition Month. Nutrition month is an annual nation-wide campaign that is designated to increase awareness of the importance of nutrition. A variety of events and a public awareness campaign will be planned during March to help strengthen their message within the Region. (Proclaimed) Norma I. Bryant, Clerk, Municipality of West Elgin, advising Council that the Municipality of West Elgin on December 19, 2002, passed the following resolution: "WHEREAS as much needed education funds called for by Dr. Rozanski, if delivered, will take time; AND WHEREAS the social costs of rural school closings and distant transportation, to both students and communities, is not considered in decisions to close rural schools: THEREFORE BE IT RESOLVED THAT all rural school closings be stopped, and that the province recommit to adequate funding of education and further a process be established where broader social costs are considered and quantified before decisions are made to close rural schools; AND FURTHER that this resolution be forwarded to the Minister of Education, the Premier, the Rural Ontario Municipal Association and the Association of Municipalities of Ontario for circulation to all AMO member municipalities for their endorsement." Resolution #C-072-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the resolution of the Municipality of West Elgin regarding school closings be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D-5 C10.MO - 17- January 27, 2003 Thomas R Hollick, Regional Clerk, the Regional Municipality of Niagara, advising Council that the Regional Municipality of Niagara on December 19, 2002, passed the following resolution: "WHEREAS Regional Council passed a resolution on February 21, 2002, pursuant to section 255 of the Municipal Act, RS.O. 1990, c.M. 45, as amended, stating its intention that one-third of the remuneration paid to the elected members of the council and its local boards shall be as expenses incident to the discharge of their duties as members of the councilor local board; and WHEREAS, for many Mayors, Regional Chairs and Councillors, their council remuneration represents their entire, or a significant portion of, their income; and WHEREAS declaring one-third of that remuneration to be as expenses incident to the discharge of their duties, has a deleterious effect on the potential value of their retirement pension: THEREFORE BE IT RESOLVED: THAT the Minister of Municipal Affairs and Housing be petitioned to change the legislation so that Councils, on an individual basis, may opt out of the one-third tax-free provision; and THAT copies of this resolution be circulated to the municipalities across the province of Ontario for support." Resolution #C-073-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item D - 5 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D-6 F11.GE D-7 F11.GE - 18- January 27, 2003 Carole Boivin, Ontario/Quebec Regional Coordinator, Rick Hansen Wheels in Motion, advising Council of the first Rick Hansen 'Wheels In Motion" fundraiser on June 14, 2003. People will get on wheels to help people with spinal cord injuries get off wheels. The event is non-competitive, inclusive of all ages and abilities and a tremendous community-building event. She requests our assistance in identifying a strong community leader to organize a team/committee and champion the event. Resolution #C-074-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item D - 6 be referred to the service clubs. "CARRIED" Tony Kopp, Public Relations and Donna Anderchuk, President, Durham Region Senior Games, requesting financial assistance. For years, the Durham Region Senior Gamers Committee has provided thousands of participants within the Durham Region with many fulfilling experiences. The opportunity to compete in these important games instills a positive spirit of community and provides participants with life-enriching experiences. Today, their only financial support comes from membership registration and donations from businesses. Their goal is to raise $10,000.00 to ensure a successful Durham Games. Resolution #C-075-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 7 be referred to the General Purpose and Administration Committee meeting of February 3, 2003, to be considered in conjunction with the 2003 grant requests. "CARRIED" . . . Council Minutes COMMUNICATIONS D-8 F11.GE MOTION - 19- January 27, 2003 Brent L. Clemens, Chair, Canadian Amputee Hockey Committee (CAHC), requesting financial support to help himself and Rob Snoek, National Players, represent Canada in Finland at the World Championships in late April, 2003. The CAHC was formed in association with the Canadian Amputee Sports Association (CASA), for the sole purpose of promoting ice hockey for amputees. Their mollo is to, "put your disability on ice". The main goal is to raise disabled player's self esteem through playing the Canadian pastime, the fastest most exciting team sport in the world. In order to accomplish the 2002-03 season, the CAHC requires a minimum of $2500 per National Player to cover expenses for upcoming training camps and the trip to Helsinki, Finland. The CAHC has no national, major corporate or governmental support or sponsors and each player is personally responsible for all fund raising across the country. Mr. Clemens is suggesting a grant of $1000 each to be applied to their travel costs to represent Team Canada. Resolution #C-076-03 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT Mr. Clemens and Mr. Snoek be awarded $100.00 each to represent the Municipality of Clarington in Finland at the World Championships. "CARRIED" Resolution #C-077-03 Moved by Councillor Rowe, seconded by Councillor Schell WHEREAS Section 142 of the Electricity Act, 1998, required municipalities to convert their existing hydro-electric commissions into corporations incorporated under the Business Corporations Act (Ontario) before November 7, 2000; WHEREAS the Council of the Corporation of the Municipality of Clarington, together with the Councils of the Corporation of the Town of Ajax and the Corporation of the City of Pickering, after significant negotiation and review, decided to merge their hydro-electric commissions and to form Veridian Corporation and its subsidiaries to effect such merger; . . . Council Minutes MOTION - 20- January 27,2003 WHEREAS Veridian Corporation and its subsidiaries, Veridian Connections Inc. and Veridian Energy Inc., were incorporated under the Business Corporations Act, (Ontario), as required pursuant to Section 142 of the Electricity Act, 1998 and were established effective as of November 1, 1999; WHEREAS subsequent to the formation of Veridian Corporation and its subsidiaries, and with the approval of the Ontario Energy Board, Veridian Corporation and its subsidiaries acquired the electricity distribution systems and related assets of the successor corporations to Brock Hydro-Electric Commission, Port Hope Hydro-Electric Commission and Uxbridge Hydro-Electric Commission; WHEREAS Veridian Corporation and its subsidiaries, with the approval of the Ontario Energy Board, merged with the successor corporations of the Belleville electricity distribution and retail businesses effective September 28, 2001; WHEREAS Veridian Corporation is owned by the municipalities of Ajax, Belleville, Clarington and Pickering and Veridian Corporation and its subsidiaries continue to operate as a highly efficient utility for the benefit of the electricity customers and taxpayers of Ajax, Belleville, Clarington and Pickering; WHEREAS on December 9, 2002 Bill 210, the Electricity Pricing, Conservation and Supply Act, 2002 ("the Act") received third reading, Royal Assent and came into force; WHEREAS the Act amends the Electricity Act, 1998, by adding Section 159.1, which provides that each municipality that beneficially owns voting securities in a corporation incorporated under Section 142 of the Electricity Act, 1998, and that is licensed under the Ontario Energy Board Act, 1998 to distribute electricity, may within 90 days after Section 159.1 comes into force, pass a resolution affirming that the corporation should continue to be incorporated as provided in Section 142(1) of the Electricity Act, 1998; . . . Council Minutes MOTION - 21- January 27,2003 WHEREAS the Act also provides several consequences of failure to pass the required resolution and submit the necessary certificate certifying the passing of the resolution, which consequences include a prohibition against declaring or paying dividends for the benefit of any person; a prohibition against any disposition of the assets or liabilities of the electricity distribution corporation; prohibitions against entering into certain contractual arrangements; and an application being deemed to have been made to the Ontario Energy Board for a rate order that incorporates a 0% return on common equity which effectively converts the distribution corporation into a not-for-profit business; WHEREAS Veridian Connections Inc. is a licensed electricity distributor that was incorporated as provided in Section 142(1) of the Electricity Act, 1998 and is owned by the municipalities of Ajax, Belleville, Clarington and Pickering, through their direct ownership of Veridian Corporation, the parent corporation of Veridian Connections Inc; WHEREAS the ownership of Veridian Connections Inc. has consistently ensured that the electricity customers and taxpayers of Ajax, Belleville, Clarington and Pickering receive efficient electrical services at competitive rates: NOW THEREFORE BE IT RESOLVED: 1. THAT the Council of the Corporation of the Municipality of Clarington affirms that Veridian Corporation and its wholly-owned subsidiaries Veridian Connections Inc., an electricity distributor licensed under the Ontario Energy Board Act, 1998 and Veridian Energy Inc., its affiliate should each continue to be incorporated as a corporation under the Business Corporations Act (Ontario) as provided in Subsection 142(1) of the Electricity Act, 1998 and to operate on a for-profit basis; and 2. THAT the Mayor and Clerk are authorized to prepare and file with the Minister of Energy the necessary certificate required under Section 159.1 of the Electricity Act, 1998 as provided for in the Act. "CARRIED" . . . Council Minutes REPORTS Report #1 G.P.A. Report Jan. 20, 2003 - 22- January 27,2003 Resolution #C-078-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on January 20, 2003, be approved with the exception of Item #12. "CARRIED" Resolution #C-079-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Report COD-002-03 be received; THAT a lease agreement with Theatre Dance Academy for a monthly fee of $1466.60 for rental of approximately 1600 square feet at the Courtice Community Complex ($12.00 square foot, annually) for the period of February 1, 2003 to January 31, 2008, be approved; and THAT the by-law attached to Report COD-002-03, marked Schedule "A", authorizing the Mayor and Clerk to execute the lease agreement with Theatre Dance Academy be forwarded to Council for approval. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLlOWING AMENDING MOTION) Resolution #C-080-03 Moved by Councillor Robinson, seconded by Councillor Schell THAT the foregoing Resolution #C-079-03 be amended by deleting the amount "$12.00" in the second paragraph and replacing it with the amount "$11.00". "CARRIED" The foregoing Resolution #C-079-03 was then put to a vote and "CARRIED AS AMENDED." . . . Council Minutes REPORTS - 23 - January 27, 2003 Resolution #C-081-03 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT the confidential report of the Solicitor regarding a legal matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-082-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Liz White, Animal Alliance, be thanked for her delegation and assured that the municipality is commilled to continue providing an excellent animal services program. "CARRIED" Councillor Schell stated a pecuniary interest with respect to the delegation of Glenda Gies, Co-Chair, St. Mary's Cement Community Relations Committee and refrained from discussion and voting on the subject mailer. Councillor Schell's employer is St. Mary's Cement. Resolution #C-083-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT Glenda Gies, Co-Chair, St. Mary's Cement Community Relations Committee be thanked for her delegation; and THAT Ms. Gies be requested to provide Council with an updated contact list for the commillee members. "CARRIED" . . . Council Minutes - 24- January 27, 2003 UNFINISHED BUSINESS BY-LAWS Resolution #C-084-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Bill Humber, Old Bowmanville Neighbourhood Association be thanked for his delegation; and THAT Mr. Humber's requests regarding the planting program be referred to staff. "CARRIED" Resolution #C-085-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2003-08 to 2003-17, inclusive, and that the said by-laws be now read a first and second time: "CARRIED" 2003-08 being a by-law to recognize Ganaraska Region Conservation Authority as an agent of the Municipality for the purpose of reviewing applications under the Planning Act within the Oak Ridges Moraine 2003-09 being a by-law to authorize the execution of a Lease Agreement between the Corporation of the Municipality of Clarington and Theatre Dance Academy in respect of a lease for space located in the Courtice Community Complex, Courtice, Ontario 2003-10 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property 2003-11 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2003-12 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington Council Minutes - 25 - January 27, 2003 BY-LAWS 2003-13 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2003-14 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2003-15 being a by-law to authorize the execution of a Collaborative Agreement between the Municipality of Clarington, Hampton Citizens' Association and the Central Lake Ontario Conservation Authority 2003-16 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2003-17 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and the Waltraut Kathe Richter estate in respect to the purchase of 147 Port Darlington Road, Part Lot 9, Broken Front Concession, former Town of Bowmanville, Municipality of Clarington "CARRIED" Resolution #C-086-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-laws 2003-08 to 2003-017, inclusive, be approved. "CARRIED" OTHER BUSINESS There were no items of business considered under this section of the agenda. . . . Council Minutes OTHER BUSINESS - 26- January 27, 2003 Resolution #C-087-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for 10 minute after which time the meeting be "closed" to consider legal mailers and a personnel mailer. "CARRIED" Resolution #C-088-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the verbal reports pertaining to legal and personnel matters be received for information. "CARRIED" CONFIRMING BY-LAW Councillor Schell stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. Resolution #C-089-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-law 2003-18 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of January 2003, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-090-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the third and final reading of By-law 2003-18 be approved. "CARRIED" . . . ",~ Council Minutes ADJOURNMENT - 27- January 27,2003 Resolution #C-091-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 9:23 p.m. "CARRIED"