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HomeMy WebLinkAbout01/29/2007 Council Meeting Minutes JANUARY 29, 2007 Minutes of a regular meeting of Council held on January 29, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana 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, attended until 7:38 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Novak indicated that she would be stating a pecuniary interest with respect to the application to permit a temporary parking lot by Gerr Holdings Limited - Item 2 of Report #1 – PSD-008-07. MINUTES Resolution #C-036-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT the minutes of a regular meeting of Council held on January 15, 2007, be approved. “CARRIED” Council Meeting Minutes - 2 - January 29, 2007 DELEGATIONS Resolution #C-037-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Keith Isnor, Jesse Parsons and Vic Suppan be added to the list of delegations. “CARRIED” Resolution #C-038-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of John Brinston and Confidential Report CLD-003-07 be referred to the end of the agenda to be considered during the “closed” session of Council. “CARRIED” Keith Isnor, Chair, Clarington Museums and Archives Board, addressed Council concerning Report COD-002-08 – Museum Governing By-law Update (Item 15 of Report #1). Mr. Isnor stated during the past three years, the museum has enjoyed much success - memberships have doubled, new exhibits have been attracted, and a new building has been opened without budget or funding increases. He questioned the rationale for the update to the by-law, noting the proposed changes will redefine the operational and governance structure of the museum and will have numerous negative impacts. Mr. Isnor advised if the recommendations are approved, the museum will be ineligible for certain grants, donations and provincial funding. He stated the Board has attempted to work with staff and was surprised the report came forward without their input. Mr. Isnor urged Council to defeat the staff recommendations and to continue with the existing by-law and practice. In response to questions concerning funding, Keith Isnor confirmed the by-law structure determines eligibility for funding and any changes could affect Provincial grants. Jesse Parsons addressed Council advising the first annual Clarington Music & Arts Festival (CAM Fest), will be held at the Clarington Visual Arts Centre in August 2007. He stated the festival will provide opportunities for artists and musicians to showcase their talents through group workshops, seminars and displays. Jesse Parsons stated the organization has been incorporated as a not-for-profit organization and is forming a fundraising committee to explore the possibility of CAM Fest obtaining charitable status. Jesse Parsons extended an invitation to all to attend the Music & Arts Love-In at the Newcastle Town Hall on February 2, 2007, the first of such events leading up to CAM Fest. The event will feature great music, art and food. Council Meeting Minutes - 3 - January 29, 2007 In response to questions, Jesse Parsons confirmed that CAM Fest will appeal to artists and musicians of many different mediums and age groups and that several events will be held throughout the year leading up to the main event providing opportunities for networking and interaction with artists of all ages. Vic Suppan addressed Council as both a private citizen and Chair of the Municipal Heritage Committee in support of the recommendations contained in Item 17 of Report #1 concerning the Walbridge House. He stated he was confident the Conservation Review Board would be fully supportive of Council’s decision; however, the Board is not a binding appeal tribunal and will provide comment and recommendations only back to Council. Vic Suppan stated the development community is fully aware of the importance of heritage features and he feels the owner should incorporate the Walbridge House into the subdivision to protect the heritage factor. COMMUNICATIONS Resolution #C-039-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved as per the agenda, with the exception of Items I-2, I-5 and I-6. “CARRIED” I - 1 Minutes of the Newcastle Community Hall Board dated October 24, A01.NE 2006. I - 3 Gord Geissberger, Coordinator, Community Outreach, Central Lake A01CE Ontario Conservation Authority, advising of the election of Councillor Gerry Emm of the Town of Whitby to the position of Chair of the Central Lake Ontario Conservation Authority. I - 4 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade M02.GE Committee thanking Council and staff for their continued support and use of the Old Fire Hall for the annual Santa Claus Parade. I - 7 Jeanne McFarland and Donna Metcalf-Woo, Clarington Polar Bear M02.GE Swim Organizers, expressing appreciation to Council and Clarington th Emergency and Fire Services for supporting the 5 Annual Clarington Polar Bear Swim held January 1, 2007, and advising the event raised approximately $4,000 for the Canadian Liver Foundation pediatric liver disease research. Council Meeting Minutes - 4 - January 29, 2007 I - 2 Terri Gray, Director of Community Development and Innovations, F11.GE Community Living Oshawa/Clarington, providing information with respect to changes with Dewey’s Café. The enterprise is in jeopardy and, due to financial issues and constraints facing Dewey’s Café, it is necessary for Dewey’s to reduce its training enterprise hours of operation to 9:00 a.m. to 5:00 p.m., Monday to Friday as of February 5, 2007. Resolution #C-040-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I-2 from Terry Gray, Community Living Oshawa/Clarington be received for information. “CARRIED” I - 5 Phil Mannell, Enbridge Gas Distribution, providing information on the E06.EN Winter Warmth Fund, a joint venture of the United Way and Enbridge Gas Distribution designed to help low-income families and individuals who may be struggling to pay their natural gas bill and forwarding posters and brochures for information on referring constituents in need to the agencies administering the fund. Resolution #C-041-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I-5 from Phil Mannell, Enbridge Gas Distribution be received for information. “CARRIED” I - 6 George S. Graham, Clerk-Administrator, Township of Brock, advising P17.GE the Township of Brock is requesting the Provincial Government to assume court security costs currently borne by the Durham Regional Police Services in an effort to provide Durham Regional Police Services with funds to better serve Regional taxpayers. Council Meeting Minutes - 5 - January 29, 2007 Resolution #C-042-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item I-6 from the Township of Brock concerning court security costs be received; and THAT the position of the Township of Brock be endorsed. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-043-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, with the exception of Item D - 4. “CARRIED” D - 1 Debbie Hunter, Office Administrator, MS Society, Durham Regional M02.GE Chapter, Multiple Sclerosis Society of Canada, advising May is “MS Carnation Month” across Canada and requesting approval for tag days to permit the MS Society to sell carnations on Friday, May 11 and Saturday, May 12, 2007, in support of on-going research and assistance for persons with multiple sclerosis and their families. (Proclaimed and permission granted to sell carnations on May 11 and May 12, 2007) D - 2 Mary Wilson, Secretary/Treasurer, Newcastle Village Business C12.NE Improvement Association, forwarding nominations for the Newcastle Village Business Improvement Association Board of Management for Council’s consideration and approval as follows: Valentine Lovekin Chairman Karen Bastas Vice Chair Mary Wilson Secretary/Treasurer Dwight Hickson Director Tenzin Gyalstan Director Joan Kimbel Director Anthony Turnbull Director (Approved and appropriate by-law be passed) Council Meeting Minutes - 6 - January 29, 2007 D - 3 Lori Riviere, Project Planner, Planning Staff Liaison to the Durham C12.DU Environmental Advisory Committee, Region of Durham, forwarding information on the Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards, a program established to recognize individual and collective efforts to promote, preserve and enhance Durham’s natural environment; enclosing a nomination form for the 2007 program; and, advising nominations must be received by the Durham Region Planning Department by March 2, 2007. (Correspondence referred to the Director of Planning Services) D - 4 The Corporation of the Town of New Tecumseth advising Council C10.GE that the Town of New Tecumseth at a meeting held December 18, 2006, passed the following resolution: “Whereas in 1999 Edward K, Banting entrusted the Ontario Historical Society with the 100 acre Banting family homestead through a bequest in his last will and testament; And Whereas during the period of time that the Ontario Historical Society has owned the Banting homestead the condition of the buildings has deteriorated and the property has not been used in a manner that is consistent with honouring the work of Sir Frederick Banting; And Whereas the Town of New Tecumseth believes that the lands as well as the buildings have an important historical and heritage connection to Sir Frederick Banting and his achievements; And Whereas the Town has attempted over many years to facilitate in good faith the transfer of the lands to a not-for-profit organization that would ensure that the buildings are repaired and the lands and buildings are used to properly commemorate the importance of the Banting legacy to not only the community in which it is located but also to the world; And Whereas the Ontario Historical Society has agreed to sell the 100 acre Banting Homestead lands to the highest bidder who we understand proposes to only make available a small parcel size surrounding the buildings for the purposes of recognizing Sir Frederick Banting; Council Meeting Minutes - 7 - January 29, 2007 And Whereas the Town believes that the minimum parcel size for the purposes of properly honouring both the intentions of Edward K. Banting in bequeathing the lands to the Ontario Historical Society and the work of Sir Frederick Banting is 70 acres; Now Therefore Be It Resolved: 1. That the Town of New Tecumseth expresses its extreme disappointment with the Ontario Historical Society in agreeing to sell the Banting Homestead Lands without ensuring that a minimum of 70 acres of the 100 acres of the original lands bequeathed to the Society by Edward K. Banting were available to educate the public about the historical significance of the work of Sir Frederick Banting; 2. That the Ontario Historical Society and the Ontario Historical Society Foundation be formally requested to support the designation of the northerly 70 acres pursuant to the Ontario Heritage Act, 2005; 3. And that this resolution be forwarded to Helena Guergis, MP Simcoe Grey, the Premier of Ontario, Jim Wilson, MPP and the Association of Municipalities of Ontario for circulation to its member municipalities for support. " Resolution #C-044-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the resolution from the Township of Tecumseh concerning the historical designation of the Edward K. Banting Homestead lands be endorsed. “CARRIED” MOTION Resolution #C-045-07 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS the Council of the Municipality of Clarington approved By-law 2003-179 respecting the annual allowances paid to the Mayor and Members of Council; and WHEREAS the future adjustments for remuneration and travel were set in accordance with the settlements approved by CUPE, Local 74; and Council Meeting Minutes - 8 - January 29, 2007 WHEREAS By-law 2004-033 sets the remuneration rate for Councillors at 40% of the Mayor's remuneration rate; and WHEREAS the remuneration rates were increased in By-law 2004-263; and WHEREAS the Council of the Municipality of Clarington is committed to fiscal responsibility; NOW THEREFORE BE IT RESOLVED THAT staff be directed to review the Mayor's annual remuneration, with a view to not altering the compensation for Councillors. “CARRIED” REPORTS Report #1 - General Purpose and Administration Committee Report – January 22, 2007. Resolution #C-046-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 22, 2007 be approved, with the exception of Items #2, and #19. “CARRIED” Councillor Novak stated a pecuniary interest with respect to the application for a temporary parking lot as the applicant is a client of the insurance firm she works for. Councillor Novak vacated her chair and refrained from discussion and voting on the matter. Item #2 Resolution #C-047-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-008-07 be referred back to staff; and, THAT all interested parties listed in Report PSD-008-07 and any delegations be advised of Council’s decision. “CARRIED” Council Meeting Minutes - 9 - January 29, 2007 Item #19 Resolution #C-048-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Municipal Clerk be directed to advertise in the local newspaper the remaining vacancies on the following committees: Accessibility Advisory Committee Museum and Archives Board Port Granby Project Traffic Management Advisory Committee “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-049-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the foregoing Resolution #C-048-07 be amended by deleting the reference to the Port Granby Project. “CARRIED” The foregoing Resolution #C-048-07 was then put to a vote and CARRIED AS AMENDED Resolution #C-50-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Confidential Report of the Solicitor be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Council Meeting Minutes - 10 - January 29, 2007 UNFINISHED BUSINESS Resolution #C-051-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT the delegation of Jesse Parsons be received for information; and THAT Jesse Parsons be advised of Council’s decision. “CARRIED” OTHER BUSINESS Resolution #C-052-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Mark Peacock, Ganaraska Region Conservation Authority, be invited to present a power point presentation and talk regarding monitoring of salt concentration in area streams. “CARRIED” BY-LAWS Resolution #C-053-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2007-015 to 2007-0039, inclusive, and that the said by-laws be now read a first and second time. “CARRIED” 2007-015 Being a by-law to initiate the study of a portion of the Newcastle Village urban area as a Community Improvement Area 2007-016 Being a by-law to exempt a certain portion of Registered Plan 40M-2048 from Part Lot Control 2007-017 Being a by-law to exempt certain portions of Registered Plan 40M-2171 from Part Lot Control Council Meeting Minutes - 11 - January 29, 2007 2007-018 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 2007-019 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 2007-020 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 2007-021 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2007-022 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2007-023 Being a By-law to appoint Members to the Abandoned Cemeteries Board for the Municipality of Clarington and to repeal By-law 2004-011 2007-024 Being a By-law to appoint Members to the Accessibility Advisory Committee for the Municipality of Clarington 2007-025 Being a By-law to appoint Members to the Clarington Agricultural Advisory Committee for the Municipality of Clarington and to repeal By-law 2004-013 2007-026 Being a By-law to appoint Members to the Animal Advisory Committee for the Municipality of Clarington and to repeal By-law 2004-012 2007-027 Being a By-law to amend By-law 83-83, as amended and to repeal By-law 2004-015 to constitute a Committee of Adjustment for the Municipality of Clarington pursuant to the Planning Act 1983 2007-028 Being a By-law to appoint Fence Viewers for the Municipality of Clarington and to repeal By-law 2004-016 2007-029 Being a By-law to appoint Members to the Clarington Highway 407 Community Advisory Committee for the Municipality of Clarington and to repeal By-law 2004-026 Council Meeting Minutes - 12 - January 29, 2007 2007-030 Being a By-law to appoint Valuers of Livestock and Poultry for the Municipality of Clarington and to repeal By-law 2004-018 2007-031 Being a By-law to appoint Members to the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington and to repeal By-law 2004-019 2007-032 Being a By-law to appoint Members of the Clarington Museums and Archives Board and to repeal By-Law 2004-010 2007-033 Being a By-law to appoint Members to the Newcastle Arena Board and to repeal By-Law 2004-020 2007-034 Being a By-law to repeal Schedule “A” to By-law 2004-021, being a by-law to amend By-law 78-63 to establish the Orono Arena as a Community Centre in accordance with the Community Recreation Centre Act. R.S.O., (1990) c.22 and to provide for the establishment of a Community Centre Board 2007-035 Being a By-law to appoint Pound Keepers for the Municipality of Clarington and to repeal By-law 2004-022 2007-036 Being a By-law to appoint Members to the Property Standards Committee for the Municipality of Clarington and to repeal By-law 2004-023 2007-037 Being a By-law to appoint Members to the Clarington Library Board and to repeal By-law 2004-025 2007-038 Being a By-law to appoint Members to the Samuel Wilmot Nature Area Management Advisory Committee for the Municipality of Clarington and to repeal By-2004-024 2007-039 Being a By-law to Appoint Members to the Clarington Traffic Management Advisory Committee for the Municipality of Clarington and to repeal By-law 2004-014 Resolution #C-054-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-laws 2007-015 to 2007-039, inclusive, be approved. “CARRIED” Council Meeting Minutes - 13 - January 29, 2007 Resolution #C-055-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting be “closed” for consideration of a personal matter and a legal matter. “CARRIED” The meeting resumed in open session at 8:14 p.m. Resolution #C-056-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the actions taken during the “closed” session of Council be ratified. “CARRIED” CONFIRMING BY-LAW Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. Resolution #C-057-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-040 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the th 29 day of January 2007, and that the said by-law be now read a first and second time. “CARRIED” Resolution #C-058-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-040 be approved. “CARRIED” Council Meeting Minutes - 14 - January 29, 2007 ADJOURNMENT Resolution #C-059-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 8:16 p.m. "CARRIED" M~ ".