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"
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