HomeMy WebLinkAbout01/27/2003
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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.
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Council Minutes
MINUTES
ANNOUNCEMENTS
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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.
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Council Minutes
DELEGATIONS
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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:
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DELEGATIONS
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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)
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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
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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]
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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.
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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.
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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;
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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;
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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)
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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,
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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)
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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.
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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."
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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:
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Interpretation of the ORMCP Act;
Costs;
Zoning/Development permit options; and
Municipal Elections 2003.
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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)
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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"
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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"
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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"
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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;
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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;
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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"
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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."
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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"
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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.
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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"
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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"