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Council Meeting Minutes
September 25, 2006
Minutes of a regular meeting of Council held on September 25,2006, at 7:00 p.m., in
the Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
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
Director of Community Services, J. Caruana
Manager of Communications and Marketing, J. Cooke
(attended until 7:20 p.m.)
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Fire Chief, G. Weir
Administrative Assistant to the Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #C-383-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on September 11, 2006, be
approved.
"CARRIED"
Council Meeting Minutes
- 2 -
September 25, 2006
Mayor Mutton advised that Ontario Power Generation (OPG) has begun the approval
process for a New Nuclear Build and that the Municipality of Clarington has been
chosen as the preferred site. He thanked Members of Council and staff for their
efforts in this regard.
PRESENTATIONS
Mayor Mutton presented Gordon Barrie with the 2006 Senior of the Year Award.
Mr. Barrie's achievements include the following:
. Chairperson of Congregational Council, Trinity United Church - 1981-1982
. Durham County Milk Committee
. Director Achievement Long-Term Service Award, United Cooperatives of
Ontario
. Ontario Federation of Agriculture
. Agricultural Service Diploma Durham Central Agricultural Society
. Recognition of 21 Years dedicated service as Director of Durham Farms'
County Co-op
. Durham East Soil & Crop Improvement Association - 1987 to 2000
. Director, Durham County Seniors Complex
. Chairman of Abandoned Cemeteries Board - 1974 to Present
. Town of Newcastle (Municipality of Clarington) Committee of Adjustment-
1986 to 1994
Suzanne McCrimmon, Clarington Board of Trade, addressed Council stating 2007 will
be an exciting year for the Municipality and as Business Development Manager she
looks forward to the opportunities and challenges to be undertaken in the coming
year. Ms. McCrimmon advised that in June 2006, she presented an Economic
Development Activity update to Council and was here this evening to present an
overview of the Economic Development Plan, to draw attention to specific projects for
2007, and to highlight the goals and objectives of existing and new initiatives and
projects.
Suzanne McCrimmon outlined the goals and objectives of the following plans and
projects:
. Clarington's Green Business Community Initiative
. Economic Development Website
. Marketing of the Clarington Energy Park and Hepburn Science Park
. Clarington's 'existing' Business Inventory
. Directory of Commercial and Industrial Lands
Council Meeting Minutes
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September 25, 2006
Paula Jesty, Deloitte & Touche LLP, provided a brief overview of the audit process
and conclusions regarding the consolidated financial statements of the Corporation of
the Municipality of Clarington as at December 31,2005. She noted financial
statements are the responsibility of the Municipality's management and it is the
responsibility of the auditor to express an opinion on the statements based on their
audit. Paula Jesty noted the audit was conducted in accordance with generally
accepted auditing standards and advised it was the opinion of Deloitte & Touche that
the financial statements present fairly the financial position of the Municipality as at
December 31,2005, in accordance with these principles.
DELEGATIONS
Resolution #C-384-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the agenda be altered to add Steve Lawrence to the list of delegations.
"CARRIED"
George A. Daniels, Fund Development Coordinator, The Canadian Red Cross
Society, addressed Council requesting financial assistance for the Red Cross Disaster
Management Program. He provided a brief overview of disaster management
including issues, deliverables and objectives noting the Society partners with the
Emergency Management Office, the Department of Social Services, Police and Fire
Departments to respond, as required, to emergencies or disasters within the
communities it serves. George Daniels stated the Society was undertaking an
expansion to increase the volunteer base to serve the Durham Region to 140 trained
responders by 2008. He noted the cost to recruit, train, maintain and deploy a
responder was approximately $1 ,000 per volunteer. Mr. Daniels stated in July 2006,
funding from the United Way of Oshawa/Brock/Whitby/Clarington/Scugog was
terminated resulting in a $75,000 loss in support. He urged Council to provide
financial support to the Durham Branch of the Canadian Red Cross to enable the
Society to continue to meet the needs of the community.
In response to a question concerning the termination of United Way Funding,
Mr. Daniels replied that the Society no longer fits the funding priorities of the United
Way.
Council Meeting Minutes
- 4 -
September 25, 2006
James Tosswill addressed Council concerning Report PSD-097-06 (Item 3 of
Report #1) regarding his application to rezone property at 7254 Langstaff Road to
permit the keeping of horses. Through use of a power point presentation, Mr. Tosswill
responded to ccncerns raised at the September 18th General Purpose and
Administration meeting regarding the increase in flies, manure management, housing,
water and feed for his horses, contamination of local well water and inadequate
fencing. He also submitted the findings of an investigation conducted by the Ontario
Society for the Prevention of Cruelty to Animals (SPCA) indicating there were no
grounds for any type of action or order concerning his horses. Mr. Tosswill
summarized his presentation by stating his application conforms to Provincial policy
and the Regional Official Plan and urged Council to support it.
Dr. Kellie Gilson, Millbrook Equine Clinic, addressed Council concerning Report
PSD-097 -06 (Item 3 of Report #1) stating the Clinic has provided veterinary services
to the Tosswill horses for more than five years and the horses have always been well
cared for. She stated there are currently seven horses on the property, they are being
supplemented with additional feed, they have adequate water supply and she has no
concerns with the keeping of the horses on the property.
In response to a question, Dr. Gilson replied that the SPCA recommends that horses
have protection for inclement weather and she was of the opinion that they be
provided with shelter for the winter months.
Dennis Wilson was called but was not present.
Richard Ward addressed Council concerning Election Campaign Contributions,
specifically corporate sponsorship, as set out in the Municipal Elections Act.
He stated he has difficulty interpreting what constitutes a violation with respect to
shareholder ownership and felt the issue required clarification.
Resolution #C-385-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the agenda be altered to hear Steve Lawrence prior to hearing the delegation of
Wanda Joyce.
"CARRIED"
Council Meeting Minutes
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September 25, 2006
Steve Lawrence and Heather Pereira, The Running Maniacs, addressed Council
concerning the Running Maniacs, a group of individuals based out of the Newcastle
Fire Hall, who get together to train for individual goals. Steve Lawrence stated the
group is a not-for-profit organization that has grown from its inception of 2 members to
more than 100 members who are dedicated to getting people in the community to
become more active and to encourage individuals of all ages to achieve their level of
success. Mr. Lawrence reminded Council of the upcoming Fall5km and 10km Run
taking place on October 7th as part of the Newcastle Sesquicentennial celebration and
in conjunction with the Lion's Walk for Guide Dogs event. He encouraged members of
the community to take part and requested Council to support the event with a financial
contribution. Steve Lawrence presented Mayor Mutton with a Sesquicentennial
Medal.
In response to a question concerning expenses, Steve Lawrence stated the group
depends on community support to offset expenses.
Wanda Joyce was called but was not present.
COMMUNICATIONS
Resolution #C-386-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the communications to be received for information be approved as per the
agenda, with the exception of Correspondence Items I - 5 and I - 6.
"CARRIED"
I - 1 Minutes of the Tyrone Community Centre Board dated June 8, 2006.
I - 2 Minutes of the Clarington Museums and Archives Board dated
July 5, 2006.
I - 3 Minutes of the Clarington Highway 407 Community Advisory
Committee dated September 6, 2006.
I - 4 Minutes of the Kawartha Conservation dated July 26, 2006.
I - 7 Lorraine Chiasson, Regulatory Coordinator, Enbridge Gas Distribution
Inc., forwarding copies of the Notice of Application to the Ontario
Energy Board for rates for 2007.
Council Meeting Minutes
- 6 -
September 25, 2006
I - 8 Durham Family YMCA advising they are accepting nominations for
the 2006 Peace Medallion Award, an award to recognize individuals
who have demonstrated a commitment to peace through personal
contribution; forwarding eligibility and selection criteria, and
requesting nominations be submitted by October 6, 2006. The award
is to acknowledge time and effort contributed on a 'voluntary' basis.
Self-nominations or YMCA staff will not be considered.
I - 5 Harold Hammond thanking Mayor Mutton for responding to the
petition from residents of Waverley Road expressing concern with the
speed and volume of traffic on Waverley Road, and providing contact
information should a meeting be required to address the issue.
Resolution #C-387 -06
Moved by Councillor Robinson, seconded by Councillor Ping Ie
THAT Correspondence Item I - 5 be received for information.
"CARRIED"
I - 6 Residents of Flett Street thanking Council for the new sidewalks on
Flett Street and expressing appreciation to the contractors for the
superb job done.
Resolution #C-388-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Item I - 6 be received for information.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-389-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 5 to D -16, inclusive.
"CARRIED"
Council Meeting Minutes
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September 25, 2006
D -1 Michael Lynch, Advanced Arrangements Officer, Canadian Health
Measures Survey, Physical Health Measures Division, Statistics
Canada informing Council that they will be conducting the Canadian
Health Measures Survey (CHMS) in the Municipality of Clarington,
beginning in early 2007 to collect information about the general health
and lifestyle characteristics of approximately 5,000 Canadians. They
would like to install trailers at the Garnet B. Rickard Recreation
Complex for this purpose. Discussions of the logistics have taken
place with the Community Services Department. A letter of
agreement will be forthcoming for the use of the space by the
Canadian Health Measures Survey.
(Correspondence referred to the
Director of Community Services to
finalize details)
D - 2 Don Johnston, President, Canada World Youth, acknowledging the
partnership the organization has enjoyed with the Municipality in taking
part in Canada World Youth programs and hosting young participants
over the years, advising of the Organization's 35th Anniversary on
October 19, 2006, and requesting October 15 to 21, 2006 be
proclaimed as "Canada World Youth Week".
(Proclaimed)
D - 3 Michael A. Losee, Lions Club of Bowmanville requesting permission to
occupy the bridge on King Street West for their Annual Rubber Duck
Derby Race scheduled for Saturday, June 16, 2007.
(Approved provided organizers apply
for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
D - 4 Allan Hewitt, Chair, Clarington Public Library Board advising the
Canadian Library Association (CLA) has designated October as
Canadian Library Month in an effort to raise public awareness of the
valuable role libraries play in the lives of Canadians and requesting
October be proclaimed as "Canadian Library Month" in Clarington.
(Proclaimed)
D - 5 Bruce A. Rutherford, Clarington Central Secondary School advising of
their first Annual Terry Fox Run/Walk to be held on September 28,
2006, from 8:30 a.m. until 11 :30 a.m., forwarding a copy of the
proposed route, insurance policy and road occupancy permit
application and requesting Council's support in processing the
application for this special community event.
Council Meeting Minutes
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September 25, 2006
Resolution #C-390-06
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the request from the Clarington Central Secondary School concerning
their first Annual Terry Fox Run/Walk be approved provided organizers apply for
and obtain a Road Occupancy Permit from the Engineering Services
Department.
"CARRIED"
D - 6 Mayor Harold Grier, Township of Leeds and the Thousand Islands,
advising Council that the Township of Leeds and the Thousand
Islands, at a meeting held May 29, 2006, passed the following
resolution:
"WHEREAS the recommendations included in Watertight Report will
create an additional infrastructure, which is not needed and that will be
financed by water and wastewater users;
AND WHEREAS the recommendations included in Watertight Report
may cause water users in one municipality to finance water systems in
another municipality;
AND WHEREAS the recommendations of the Watertight Report will
take away municipal control over water and wastewater;
AND WHEREAS the model recommended in the Watertight Report will
lead to conflicts between municipalities competing for development as
the corporation's agenda for system improvements may be different
from that of the various municipalities;
AND WHEREAS the model recommended in the Watertight Report will
reduce MOE's role in the delivery of safe drinking water;
AND WHEREAS water and wastewater servicing is the most costly of
all urban infrastructure combined and control of it must remain with the
elected officials answerable to the public;
NOW THEREFORE the Council of the Township of Leeds and the
Thousand Islands requests that the Provincial Government not
implement the recommendation of the Watertight Report to create an
Ontario Water Board or transfer jurisdiction of water and wastewater to
Regional Municipalities.
Council Meeting Minutes
-9-
September 25, 2006
AND FURTHERMORE THAT the following resolution be forwarded to
the Honorable David Caplan, Minister of Public Infrastructure Renewal
and to all Ontario municipalities for their support."
Resolution #C-391-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the resolution from the Township of Leeds and the Thousand Islands
concerning the Watertight Report be endorsed.
"CARRIED"
D - 7 The Corporation of the Municipality of Brockton advising Council that
the Corporation of the Municipality of Brockton, at a meeting held
May 8, 2006, passed the following resolution:
"WHEREAS the Conservative government has identified child care as
one of the nation's top five priorities;
AND WHEREAS Statistics Canada reports that 54 percent of children
aged 6 months to 5 years are currently in some form of care, and
parents throughout our nation have recognized the need for
governments to address the need to strengthen child care and create
viable new models for service delivery;
AND WHEREAS a recent YWCA Canada survey conducted in Halifax,
Vancouver, Martensville, Sask., and Cambridge ON, states that
Canadian families, irrespective of where they live or the size of their
communities, want their child-care needs met by a nationally funded
public system and not a federal cash payout;
AND WHEREAS there appears to be growing public consternation
especially in rural areas over the Conservative government's decision
to discontinue the Best Start program aimed at supporting children in
their early development and improving school readiness through the
improvement of existing limited resources;
NOW THEREFORE BE IT RESOLVED THAT the government listen to
the voices of concerned the Child Care Action Committee, Canadian
parents, daycare providers, opposition members, and municipal
authorities and thereby replace or reinforce this new taxable $1200
supplement with immediate and stable financing for new and existing
'quality' daycare facilities.
Council Meeting Minutes
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September 25, 2006
AND FURTHER THAT this resolution be forwarded to Diane Finlay,
Minister of Social Development and Jim Flaherty, Minister of Finance.
AND FURTHER THAT this resolution be forwarded to all municipalities
in Ontario and the Association of Municipalities of Ontario for their
support."
Resolution #C-392-06
Moved by Councillor Trim, seconded by Councillor Pingle
THAT the resolution from the Municipality of Brockton concerning Funding for
Child Care be received for information.
"CARRIED"
D - 8 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City
of Vaughan, at a meeting held June 26, 2006, passed the following
resolution:
"Whereas the last update of the Development Charges Act 1997 was
nine (9) years ago;
Whereas the current Development Charges Act does not permit the
collection of development charges to fund growth related capital costs
for the following services which were previously eligible under the old
Act;
. Hospitals;
. Headquarters for municipal administration;
. Computer equipment;
. Cultural facilities such as museums, theatres and art galleries; and
Waste management services.
Whereas the current Development Charges Act requires a mandatory
10% reduction in the charge for growth related 'soft services' such as
community centres, libraries and parks;
Whereas the requirement in the current Development Charges Act to
collect based on the average service level over the previous 10 years
is too restrictive and creates practical calculation and implementation
issues;
Whereas the current Development Charges Act doesn't adequately
provide for solutions to meet the challenges of growth that evolve over
time (Le. Transportation through subways and forms of higher order
transit);
Council Meeting Minutes
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September 25, 2006
Whereas the Province indicated to the Municipal Finance Officers'
Association of Ontario (MFOA) in August 2005 that a review of the
Development Charges Act would begin in the near future; and
Whereas the growth related capital costs are significant, growth
continues to occur and growth should pay for growth;
NOW THEREFORE BE IT RESOLVED that the Council of the City of
Vaughan requests the Province of Ontario to immediately commence a
consultative process with the municipal and development sectors to
revise the Development Charges Act to address the issues noted
above and other concerns that may be raised by the municipal sector;
AND THAT this resolution be forwarded to the Honourable Dalton
McGuinty, the Premier of Ontario, the Honourable Greg Sorbara,
Minister of Finance, the Honourable John Gerretsen, Minister of
Municipal Affairs and Housing, Mario G. Racco, MPP, Mr. Dan Cowin,
Executive Director of the MFOA and to all municipalities within Ontario
with a population greater than 50,000."
Resolution #C-393-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT the resolution from the City of Vaughan concerning revision of the
Development Charges Act, 1997 be endorsed.
"CARRIED"
D - 9 Martha A. Pettit, Manager of Legislative ServiceslDeputy Clerk, Town
of Ajax, advising Council that the Town of Ajax, at a meeting held
June 26, 2006, passed the following resolution:
"1. That Council request the Sierra Legal Defence Fund to add the
Town of Ajax to the list of signatories to the legal petition entitled
"Petition under s. 115, United States Clean Air Act, 42 U.S.C. s.
7415(a) to the United States Environmental Protection Agency for
relief from certain emissions from large electric generating units in
the States of Illinois, Indiana, Pennsylvania, Michigan, Ohio, West
Virginia, and Kentucky"; and
Council Meeting Minutes
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September 25, 2006
2. That a copy of this report be sent to the Sierra Legal Defence
Fund, the Federal Minister of the Environment, the Ontario Minister
of the Environment, the International Joint Commission, the Great
Lakes and St. Lawrence Cities Initiative, the Federation of
Canadian Municipalities, the Association of Local Public Health
Agencies, the Greater Toronto Air Clean Air Council, the Region of
Durham and the area municipalities within Durham Region."
Resolution #C-394-06
Moved by Councillor Trim, seconded by Councillor Pingle
THAT the resolution from the Town of Ajax concerning the Sierra Legal Defence
Fund be received for information.
"CARRIED"
D - 10 Carolyn Downs, City Clerk, City of Kingston, advising Council that the
City of Kingston, at a meeting held July 18, 2006, passed the following
resolution:
"THAT Council take the appropriate steps to petition the Provincial
Government for changes to the regulations under the Liquor License
Act to curb the sale of large quantities of alcoholic beverages e.g. beer
kegs, to persons other than those licensed to dispense alcohol; and
further,
THAT staff be directed to distribute this resolution to municipalities in
Ontario with a population of more than 50,000 with a request that they
pass a similar motion."
Resolution #C-395-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the resolution from the City of Kingston concerning changes to
regulations under the Liquor License Act be received for information.
"CARRIED"
D - 11 Carolyn Downs, City Clerk, City of Kingston, advising Council that the
City of Kingston, at a meeting held July 18, 2006, passed the following
resolution:
"THAT Council take the appropriate steps to petition the Provincial
Government for changes to the Municipal Act to permit licensing of
multi-tenant housing; and further
Council Meeting Minutes
- 13 -
September 25, 2006
THAT staff be directed to distribute this resolution to municipalities in
Ontario with a population of more than 50,000 with a request that they
pass a similar motion."
Resolution #C-396-06
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the City of Kingston concerning changes to the
Municipal Act to permit licensing of multi-tenant housing be received for
information.
"CARRIED"
D - 12 Nicky Kunkel, Deputy Clerk, Municipality of Powassan, advising
Council that the Municipality of Powassan, at a meeting held
August 1,2006, passed the following resolution:
'WHEREAS section 207(1) subsection A of the Criminal Code states
notwithstanding any of the provision of this Part relating to gaming and
betting, it is lawful for the government of a province, either alone or in
conjunction with the government of another province, to conduct and
manage a lottery scheme in that province, or in that and that other
province, in accordance with any law enacted by the legislature of that
province; and
WHEREAS the Province of Ontario Order in Council 2688/93 Section 2
s. 1 grants authority to licence to a municipal council; and
WHEREAS the Province of Ontario Order in Council 2688/93 Section 2
s. 2 states a municipal council may where it deems it to be in the best
interest of the inhabitants of the municipality, issue a licence
authorizing an eligible charitable organization to conduct and manage
the following types of lottery schemes, if the proceeds from the lottery
scheme are used for a charitable or religious object providing a direct
benefit to the residents of Ontario; and
WHEREAS the Province of Ontario Order in Council 2688/93 Section
11 s. 1 states that in addition to such terms and conditions as may be
imposed by the Director or Municipal council, a licence shall be subject
to the following terms and conditions,
(a) the licensee shall comply with all the terms and provisions set
out in the application for licence;
Council Meeting Minutes
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September 25, 2006
(b) the gross proceeds from the lottery shall be used for the
charitable or religious objects or purposes providing a direct
benefit to the residents of Ontario as set out by the licensee in
the application for a licence, less the cost of the prizes awarded
and such reasonable and necessary expenses actually incurred
in the management and conduct of the lottery, and such
expenses shall be restricted to those set out in the terms and
conditions of the licence;
(c) the licensee shall provide to the Director or municipal council
and all peace officers, direct and unencumbered access to all
books and records of the licensee pertaining to the nature,
management, and conduct of the event for which the licence
has been granted at any time, including prior to, during or after
the conclusion of the event, and shall deliver to the Director or
municipal council such books and records upon request; and
WHEREAS the Council of the Corporation of the Municipality of
Powassan feel, that the current regulations governing lottery schernes
are too restrictive and prohibit local groups and organizations from
raising much needed funding through lottery schemes to carry out
community programs and events; and
THEREFORE the Council of the Corporation of the Municipality of
Powassan requests a review of the Province of Ontario Order in
Council 2688/93 to allow for the following changes;
(a) That each individual municipal council within the province of
Ontario be responsible for the development of terms and
conditions governing the use of proceeds for the lottery
schemes held within their respective municipality to allow
municipalities and government agencies to receive lottery
proceed funds, and
(b) That the Association of Municipal Clerks and Treasurers
Lottery sub-committee receive a copy of this resolution; and
THAT this resolution be circulated to all municipalities within the
province of Ontario, MP, and MPP."
Council Meeting Minutes
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September 25. 2006
Resolution #C-397-06
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT the resolution from the Municipality of Powassan concerning current
regulations governing lottery schemes be endorsed.
"CARRIED"
D - 13 Brenda J. Hamilton. CMO. Township Clerk, Loyalist Township advising
Council that the Loyalist Township, at a meeting held August 8, 2006.
passed the following resolution:
"WHEREAS Loyalist Township considers environmental protection
paramount;
AND WHEREAS there is great public concern over the use of waste
derived fuel in cement kilns;
AND WHEREAS Loyalist Township supports a level playing field
across the Province in assessing applications for using waste derived
fuel in cement kilns;
NOW THEREFORE BE IT RESOLVED that the Council of The
Corporation of Loyalist Township requests the Province of Ontario to
pass a regulation placing a moratorium on the burning of waste
derived fuel in all cement kilns until such time that a full environmental
assessment as to suitability of using waste derived fuel in cement kilns
has been completed; and. if the Province rejects the moratorium on
burning of waste derived fuel in cement kilns, then the application of
Lafarge North America, Cement Division, Bath plant shall be assessed
under the provisions of the Environmental Protection Act, with a public
hearing;
AND FURTHER that a copy of this resolution be forwarded to all
municipalities in the Province of Ontario. Premier Dalton McGuinty.
Leona Dombrowsky. MPP Hastings. Frontenac Lennox & Addington
and Laurel C. Broten, Minister of Environment."
Council Meeting Minutes
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September 25, 2006
Resolution #C-398-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the resolution from Loyalist Township concerning placing a moratorium
on the burning of waste derived fuel in all cement kilns be received for
information.
"CARRIED"
D - 14 Mayor Ralph Kreutzwiser, Municipality of South Bruce, advising of the
formation of the "Fair Funding for Small Communities of Ontario"
group, a group of Mayors, Councillors and senior staff from several
municipalities whose aim is to make the upper tier level of government
aware that current programs do not address the infrastructure needs of
small centres and to work to secure sustainable long term
infrastructure funding for water and waste water projects in small
communities and requesting adoption of the following motion:
'WHEREAS the infrastructure funding available through the COMRIF
program has been insufficient to meet the needs in Ontario; and,
WHEREAS the population cap within COMRIF of 250,000 persons
includes three of the largest twenty-two municipalities in Canada and
does not reflect rural communities in Ontario, and;
WHEREAS rural communities should reflect rural values and contain
less than 10,000 population or 150 persons per square kilometre; and,
WHEREAS rural communities cannot afford one-third contribution let
alone the entire cost of large scale water and waste water
infrastructure projects; and,
WHEREAS funding of infrastructure projects used to be based on a
municipality's ability to pay and their population; and
WHEREAS the advocacy group "Fair Funding for Small Communities
of Ontario" is comprised of concerned municipalities representing small
communities in Ontario; and,
WHEREAS the aim of this group is to secure sustainable long term
funding for water and waste-water infrastructure projects in small
communities across Ontario; and
WHEREAS this group recognizes that a rural municipality may have
several communities within its corporate boundaries; and,
Council Meeting Minutes
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September 25, 2006
WHEREAS Provincially mandated amalgamations consolidated
smaller communities into municipalities with a substantial population;
THEREFORE, the Corporation of the Municipality of South Bruce
supports the efforts of the advocacy group "Fair Funding for Small
Communities in Ontario" in their work to secure sustainable long term
infrastructure funding for water and waste water projects in small
communities, and humbly petitions both the Provincial and Federal
governments to create special funding in perpetuity to recognize this
shortfall."
Resolution #C-399-06
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the resolution from the Municipality of South Bruce concerning fair
funding for small communities in Ontario be endorsed.
"CARRIED"
D - 15 Arlene Cox, Clerk Administrator, Corporation of the Township of
Carlow/Mayo advising Council that the Council of the Township of
Carlow/Mayo, at a meeting held June 6, 2006, passed the following
resolution:
"WHEREAS the Province regulates licensing of all vehicles operating
on roadways;
AND WHEREAS the municipality feels that all municipalities in Ontario
should be exempt from plating their owned vehicles due to the cost of
maintaining the roadways within their boundaries;
AND WHEREAS the Province regulates that coloured diesel fuel must
not be used in any licensed vehicles, only off-road vehicles;
AND WHEREAS the municipality feels due to the variance in the price
per litre between diesel fuel and coloured diesel fuel it warrants
consideration by the Province of Ontario to permit the use of coloured
diesel fuel in all municipally owned vehicles;
THEREFORE BE IT RESOLVED that the Council of the Township of
Carlow/Mayo requests the Province of Ontario to permit all vehicles
owned by municipalities in Ontario to operate without license plates
and be allowed to use coloured diesel fuel in all vehicles not just off-
road vehicles;
Council Meeting Minutes
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September 25, 2006
AND FURTHER THAT this resolution be forwarded to the Premier of
the Province of Ontario, the Minister of the Ministry of Transportation,
the M.P.P. for Hastings-Frontenac, Lennox & Addington, Leona
Dombrowsky and the Association of Municipalities of Ontario for
circulation to all municipalities in Ontario."
Resolution #C-400-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the Township of Carlow/Mayo concerning the
requirement to license and operate municipally-owned vehicles be endorsed.
"CARRIED"
D - 16 Shawn Boggs, Clerk-Treasurer, Township of McKellar, advising
Council that the Council of the Township of McKellar, at a meeting held
September 5, 2006, passed the following resolution:
'WHEREAS on August 6,2006 at 3: 12 a.m. the Township of McKellar
Fire Department was dispatched to the scene of a structural fire;
AND WHEREAS the McKellar Fire Dispatch was immediately directed
to contact Hydro One Networks for a disconnect;
AND WHEREAS Fire Dispatch was put on hold by Hydro One for
eighty seven (87) minutes;
AND WHEREAS this lack of direct communication with Hydro One put
the personal safety of the Firefighters at the scene in jeopardy;
AND WHEREAS at no point did Hydro One attend the scene;
NOW THEREFORE BE IT RESOLVED that the Council of the
Township of McKellar request Hydro One Networks to immediately
implement an improved system of communicating with emergency
service providers by placing a higher priority on Emergency Service
calls;
AND THAT a copy of this resolution be circulated to the Honourable
Dwight Duncan, Minister of Energy, Tom Parkinson, President, Hydro
One Networks and all Ontario municipalities."
Council Meeting Minutes
- 19 -
September 25, 2006
Resolution #C-401-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT the resolution from the Township of McKellar concerning emergency
response by Hydro One Networks be endorsed.
"CARRIED"
MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report-
September 18, 2006
Resolution #C-402-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of
September 18, 2006 be approved.
"CARRIED"
Report #2 - Report CSD-12-06 - Grant Request - The Volunteer Resource Centre for
Durham Region
Resolution #C-403-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report CSD-12-06 be received;
THAT $1,000 be provided to The Volunteer Resource Centre for Durham Region,
under the Municipal Grant Program; and
THAT the applicant be advised of Council's decision.
"CARRIED"
Council Meeting Minutes
- 20-
September 25, 2006
Report #3 - Report COD-055-06 - Letter of Understanding, the Radiation Protection
Service of the Ontario Ministry of Labour
Resolution #C-404-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report COD-055-06 be received;
THAT the letter of understanding with The Radiation Protection Service of The Ontario
Ministry of Labour be approved, and
THAT the By-law attached to Report COD-055-06 as Schedule "A" authorizing the
Mayor and the Clerk to execute the necessary agreement be approved.
"CARRIED"
Report #4 - Report COD-056-06 - CL-2006-44, Newcastle Recreation Facility
Resolution #C-405-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report COD-056-06 be received;
THAT Aquicon Construction Company Ltd., Brampton, Ontario with a total revised bid
in the amount of $15,065,884.00 (Excluding G.S.T.), being the lowest responsible
bidder meeting all terms, conditions, and specifications of Tender CL2006-44, be
awarded the contract for the Newcastle Recreation Facility as required by the
Community Services Department;
THAT the Newcastle Recreation Facility total budget be approved at $17,155,000.00
including consulting, utility connections, equipment/furnishings, project contingency
and disbursements;
THAT Council express its intent to fund this project including debenture repayments
and financing to the extent allowable from future development charges;
THAT the Director of Finance/Treasurer be authorized to make application to the
Region of Durham for a debenture in the amount of $17,155,000.00 plus debenture
costs to finance the total cost of the Newcastle Recreation Facility; and
THAT the By-law attached to Report COD-056-06 as Schedule "A" authorizing the
Mayor and the Clerk to execute the necessary agreement be approved.
"CARRIED"
Council Meeting Minutes
- 21 -
September 25, 2006
Report #5 - Report FND-015-06 - Municipal Performance Measures Program - 2005
Resolution #C-406-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report FND-015-06 be received for information.
"CARRIED"
Report #6 - Report FND-016-06 - 2005 Audited Financial Statements
Resolution #C-407-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report FND-016-06 be received;
THAT Deloitle & Touche be thanked for their presentation; and
THAT the 2005 Audited Financial Statements be approved.
"CARRIED"
Report #7 - Report ADM-04-06 - Clarington Board of Trade - Agreement
Resolution #C-408-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report ADM-04-06 be received for information;
THAT the Board of Trade's request to extend the current agreement to end on
December 31,2007 be approved;
THAT the Clarington Board of Trade be advised of Council's decision.
"CARRIED"
Wanda Joyce was called and was now present.
Council Meeting Minutes
- 22-
September 25, 2006
Resolution #C-409-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be "closed" to consider Report #8 - Report CLD-020-06-
Confidential Personnel Matter and to receive a confidential delegation.
"CARRIED"
The meeting resumed in open session at 8:18 p.m.
Resolution #C-41 0-06
Moved by Councillor Pingle, seconded by Councillor Foster
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
Report #9 - Consulting Engineering Services and Reconstruction of Baseline Road
West-Widening And Traffic Signals
Report EGD-48-06 was received as a handout.
Resolution #C-411-06
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report EGD-48-06 be received;
THAT the Municipality enter into an agreement for the provision of engineering
services, satisfactory to the Director of Engineering Services, with D.G. Biddle &
Associates for the contract administration and inspection of the Baseline Road West
re-construction and Baseline Road/Spry Avenue traffic signal installation;
THAT Purchasing By-law 2006-127 Section 15.14 be waived for this project;
THAT the Municipality enter into a contract with Ron Robinson Limited for the
construction of the road re-construction works subject to the approval of Director of
Engineering Services of a satisfactory price;
THAT Purchasing By-Law 2006-127 Section 15.07 be waived for this project; and
Council Meeting Minutes
- 23-
September 25, 2006
THAT the installation of traffic signals at the intersection of Baseline Road West and
Spry Avenue be added to the 2006 Capital Budget with an estimated cost of $200,000
(including design, installation, contract administration and inspection) to be financed
through the Roads and Related Development Charges Reserve Fund.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-412-06
Moved by Councillor Robinson, seconded by Councillor Ping Ie
THAT $1,000 be provided to the Canadian Red Cross Society - Durham Region and
that $1 ,000 be provided to the Running Maniacs, under the Municipal Grant Program;
and
THAT the applicants be advised of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-413-06
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the foregoing Resolution #C-412-06 be amended by replacing the $1,000
amount provided to the Canadian Red Cross Society with the amount of $4,300."
"CARRIED"
The foregoing Resolution #C-412-06 was then put to a vote and CARRIED AS
AMENDED.
Resolution #C-414-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the delegation of Richard Ward be received.
"CARRIED"
Council Meeting Minutes
- 24-
September 25, 2006
OTHER BUSINESS
Resolution #C-415-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Rules to Procedure be waived to allow for the introduction of New Business
at this time.
"CARRIED"
NEW BUSINESS
Resolution #C-416-06
Moved by Councillor Schell, seconded by Councillor Foster
WHEREAS the Municipality of Clarington supports efforts to improve the environment
for its citizens and society as a whole; and
WHEREAS the Municipality of Clarington is experiencing difficulty with the spread of
weeds that are not designated as noxious weeds in accordance with the Weed
Control Act; and
WHEREAS the Municipality is unable to effect the destruction of these weeds without
proper legislation to do so:
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY
OF CLARINGTON THAT the Minister of Agriculture and Food be requested to add
Common Reed (Phragmites australis), Swallow-wort, also known as Dog-Strangling
Vine (Vincetoxicum rossicum, Cynanchum rossicum) and Garlic Mustard (Alliaria
petiolata) to the list of noxious weeds included in the Weed Control Act; and
THAT this resolution be forwarded to Bev Oda, MP, John O'Toole, MPP and the area
municipalities within the Regional Municipality of Durham for endorsement.
"CARRIED"
Resolution #C-417 -06
Moved by Councillor Schell, seconded by Councillor Trim
WHEREAS the term of the existing Veridian promissory notes mature in November
2006 and their renewal is a Shareholder decision requiring Council approval;
Council Meeting Minutes
- 25-
September 25, 2006
WHEREAS the renewal interest rate is at the existing advantageous rate of 7.6%
representing a positive investment for Clarington residents as Shareholders;
WHEREAS the renewal term is consistent with the prior renewal term;
WHEREAS the Ontario Energy Board's Affiliate Relationship Code requires that the
business of the affiliated company, Veridian Connections Inc. be referenced
separately;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington hereby authorize the execution of the appropriate By-law to effect the
renewal of the original Veridian promissory notes for a 3 year term maturing
November 1, 2009, at an interest rate of 7.6% with appropriate references to Veridian
Connections Inc., Veridian Energy Inc. and Veridian Corporation; and
THAT Veridian Corporation be advised of Council's decision.
"CARRIED"
Resolution #C-418-06
Moved by Councillor Trim, seconded by Councillor Pingle
THAT, in order to allow sufficient safe crossing time for residents of Strathaven
Lifecare Centre and members of the general public, the Region of Durham be
requested to increase the pedestrian signal countdown currently set at 20 seconds to
25 seconds; and this time increase be applied to the traffic lights at King Street and
Simpson Avenue as well as at King Street and the Bowmanville Mall entrance/exit.
"MOTION CARRIED ON THE
FOllOWING RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniarv Interest
Councillor Foster oJ
Councillor MacArthur oJ
Councillor Pinqle oJ
Councillor Robinson oJ
Councillor Schell oJ
Councillor Trim oJ
Mavor Mutton oJ
Councillor Robinson requested an update on the traffic study conducted on the
intersection of Edward Street East and Glass Court as the result of potential traffic
increases since the introduction of Tim Horton's. The Director of Engineering
Services was requested to investigate and report back.
Council Meeting Minutes
- 26-
September 25, 2006
BY-LAWS
Resolution #C-419-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2006-180 to 2006-193, inclusive, and
that the said by-laws be now read a first and second time:
"CARRIED"
2006-180 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Bob Hendrickson Construction
Limited, Port Perry, Ontario, to enter into agreement for the
COMRIF Structures - Contract 2, Replacement of the Vannest
Road Bridge, Rehabilitation of Colwill Bridge and Concession
Road 8 Bridge
2006-181 Being a by-law to amend By-law 91-58, as amended, being a
By-law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington
2006-182 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Highmark Homes)
2006-183 Being a by-law to exempt a certain portion of Registered Plan
40M-2316 from Part Lot Control (2044356 Ontario Limited)
2006-184 Being a by-law to declare the lands more particularly described as
3289 Trulls Road, Part Lot 30, Concession 3, former Township of
Darlington, to be surplus
2006-185 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 agreement for the Port of
Newcastle Waterfront Trail
2006-186 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Miller Paving Limited, Whitby,
Ontario, to enter into agreement for the Asphalt Resurfacing,
Various Streets, Contract 2
Council Meeting Minutes
- 27-
September 25, 2006
2006-187 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Ron Robinson Limited,
Bowmanville, Ontario, to enter into agreement for the Access
Construction, Strathaven Lifecare and 280 King Street East
Driveway Improvements, Bowmanville, Ontario
2006-188 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and The Radiation Protection
Service of the Ontario Ministry of Labour, to enter into an
agreement for an air monitoring site
2006-189 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Aquicon Construction Company
Ltd., Brampton, Ontario, to enter into an agreement for the
Newcastle Recreation Facility
2006-190 Being a by-law to authorize the debenturing of $17,155,000 to
assist in the construction of Newcastle Recreation Facility located
at Con 1 pt Lot 31 Plan DR302420 Part 1 in the Municipality of
Clarington
2006-191 Being a by-law to approve and authorize the execution of a note
amending agreement made as of the 1 st day of October, 2006 in
respect of promissory notes dated September 28, 2001 issued
by Veridian Corporation and Veridian Connections Inc. in favour
of The Corporation of the Town of Ajax, The Corporation of the
City of Belleville, The Corporation of the Municipality of
Clarington and The Corporation of the City of Pickering, and to
approve the issue of seconded amended and restated
promissory notes dated as of the 1 st day of October, 2006
2006-192 Being a by-law to Being a By-law to authorize a contract between
the Corporation of the Municipality of Clarington and Ron
Robinson Ltd., to enter into an agreement for the construction of
Baseline Rd. W., road works including road widening and
associated works.
2006-193 Being a by-law to authorize a oontract between the Corporation of
the Municipality of Clarington and D. G. Biddle & Associates, to
enter into an agreement for the provision of engineering services for
the inspection and contract administration for the Baseline Rd. W.,
widening and traffic signal installation project
Council Meeting Minutes
- 28-
September 25, 2006
Resolution #C-420-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-180 to 2006-193, inclusive, be
approved.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-421-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-194 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 September, 2006, and that the said by-law be now read a first and second
time.
"CARRIED"
Resolution #C-422-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-194 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-423-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 8:35 p.m.
"CARRIED"
MA~