HomeMy WebLinkAbout05/12/2003
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
May 12, 2003
Minutes of a regular meeting of Council
held on May 12, 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 Rowe
Councillor J. Schell
Councillor C, Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 7:58 p.m,)
Director of Community Services, J. Caruana (until 7:58 p.m.)
Director of Emergency Services, M. Creighton (until 7:58 p.m.)
Director of Planning Services, D, Crome (until 8:35 p.m.)
Solicitor, D, Hefferon (until 8:35 p.m,)
Director of Operations, F. Horvath (until 7:58 p.m.)
Director of Corporate Services, M. Marano (until 7:58 p,m.)
Director of FinancelTreasurer, N, Taylor (until 7:58 p,m,)
Confidential Secretary to the Municipal Clerk, H. Keyzers (until 7:58 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
There were no disclosures of pecuniary interest stated at this
meeting.
Resolution #C-269-03
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a special meeting of Council held on
April 25, 2003, be approved.
"CARRIED"
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Council Minutes
MINUTES
ANNOUNCEMENTS
DELEGATIONS
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May 12, 2003
Resolution #C-270-03
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a regular meeting of Council held on
April 28, 2003, be approved.
"CARRIED"
Mayor Mutton advised Council that he had received an e-mail from
Murray Stewart, President and CEO, Iter Canada Host Community
providing him with a copy of a letter from Minister James Flaherty to
Minister Herb Dhaliwal and a copy of a letter from Deputy Minister
Barbara Miller to Deputy Minister George Anderson pertaining to
the Iter proposal. Mr. Stewart noted that these letters state clearly
what we need, the provincial policy position is clear and the sharing
formula is clear. The ball is now in the federal court.
Kim Acolina, 3 Glenelge Court, Bowmanville, L 1C 4J1, appeared
before Council regarding Correspondence Item D - 12. Ms.
Acolina advised that she lives in the Old Scugog Road area and
that a long-term traffic calming solution is needed due to motorists
speeding. Even the terrible winter did not deter people from
speeding. She stated that the road is in bad condition, the
pavement is breaking away, there are no sidewalks and the ditches
are close to the road. The road also contains small bridges, which
are narrow, making it difficult to see people coming over the crest of
the hills, Ms. Acolina stated that she can hear the roar of cars
coming from Taunton Road. She noted that police resources are
stretched to the maximum and that radar would only be a
temporary solution. Ms. Acolina stated that she is willing to help
staff come up with a traffic calming solution.
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Council Minutes
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May 12, 2003
Resolution #C-271-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the communications to be received for information be
approved with the exception of Items I - 3, I - 4, I - 8, I - 17, I - 19,
I - 20, I - 30 and I - 32.
"CARRIED"
Darlene Matthews and Warren Lamondin, The Clarington Project,
thanking Council for their support during their 6th Annual Gala and
Silent Auction. The Clarington Project Activity Centre supports
people with development disabilities.
(Received for Information)
The AIDS Committee of Durham, advising Council of their 'The
World Has AIDS Conference" on May 26 and 27, 2003, held at the
Holiday Inn in Oshawa.
(Received for Information)
Dr. D.L. Reynolds, Associate Medical Officer of Health, providing
Council with a report entitled "Snapshot on Cancer". This report
presents incidence and mortality data for Durham Region with a
focus on cancers that can be prevented through public health
initiatives, namely lung, oral, cOlorectal, breast and cervical cancer,
and melanoma,
(Received for Information)
Federation of Canadian Municipalities (FCM), advising Council of
the National Guide for Sustainable Municipal Infrastructure, The
Guide is a unique project being led by FCM in partnership with
NRC, funded by Government of Canada and supplemented by in-
kind contributions, The FCM Board of Directors urges all Canadian
municipal governments to use the best practices and to adopt a
resolution endorsing the principles of the Guide.
(Received for Information)
Peter Adams, M.P" Peterborourgh, thanking Council for their letter
to the Prime Minister regarding ITER, Mr. Adams advises that he
will mention this to the Prime Minister again.
(Received for Information)
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Council Minutes
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May 12, 2003
John O'Toole, MPP, Durham, thanking Council for providing him
with a copy of Clarington's application for GeoSmart funding to
support GIS-based information systems, This is an innovative
project that is well suited for a growing municipality with such a
wide variety of land use. Mr. O'Toole has provided Council with a
copy of a letter he has sent to the Honourable Jerry Ouellette,
Minister of Natural Resources, requesting his support on the
project.
(Received for Information)
Minutes of the Central Lake Ontario Conservation Authority
meeting dated April 15, 2003,
(Received for Information)
Doris Foster, Kendal Recreation, thanking Council for their grant.
They will be using the funding for the new bats their teams are
required to use this year along with uniforms, ball equipment,
helmets, etc.
(Received for Information)
Minutes of the Port Granby Project Community meeting dated
April 3, 2003.
(Received for Information)
John O'Toole, MPP, Durham, writing to The Honourable Chris
Stockwell, Minister of the Environment, providing him with copies of
letters that he has received from employees of the Goodyear Plant
in Bowmanville, The employees request fairness and equity as the
Ministry of Environment evaluates this matter, Mr. O'Toole advises
that he is in agreement with the Mayor regarding the formation of a
community relations committee.
(Received for Information)
Debbie Brideau, Administrative Assistant, Region of Durham,
advising Council that the Region of Durham on April 1 , 2003,
passed the following resolution regarding the establishment of the
Test Hill Force:
"a) THAT Commissioner's Report No. 2003-P-39 be
received for information; and
b)
THAT a copy of Commissioner's Report No. 2003-P-
39 be forwarded to the Township of Scugog, the
Municipality of Clarington, and the City of Oshawa,"
(Received for Information)
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May 12, 2003
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Minutes of the Local Architectural Conservation Advisory
Committee meeting dated April 15, 2003.
(Received for Information)
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Minutes of the Newcastle Village Business Improvement
Association meeting dated April 8, 2003,
(Received for Information)
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Minutes of the Clarington Public Library meeting dated
March 26, 2003.
(Received for Information)
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Conservation Ontario, providing Council with a press release dated
April 22, 2003, advising that Conservation Ontario welcomes
recommendations made by the provincial government's Advisory
Committee on Watershed-Based Source Protection Planning to
safeguard pubic health through the protection of drinking water
sources. The Report makes 55 recommendations on how to
protect the province's surface and ground water resources that
provide drinking water to Ontario's approximately 11 million
residents, Conservation Ontario fully supports public consultation
on the Report's recommendations and encourages quick action by
the government thereafter.
(Received for Information)
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General Motors of Canada Limited, announcing that they will
donate over four acres of property to Friends of Second Marsh for
the development of a state of the art Great Lakes Wetlands Centre,
The Great Lakes Wetlands Centre will be a three-level, 30,000 sq.
ft. state of the art facility that includes an auditorium, classroom and
meeting space, a large viewing deck, permanent display space,
and an Ornithological (Bird Watchers) Hall of Fame, among other
features. The centre is expected to open in late 2005.
(Received for Information)
Hugh Carmichael, Hospice Durham, advising Council of the 3rd
Annual Hospice Durham "Helping Hearts" walk/run on June 8,
2003, Hospice Durham is a volunteer-based organization offering
non-medical support to clients facing a life-threatening illness and
wishing to do so at home together with their families who willingly
agree to this wish. They also offer bereavement services to those
dealing with the loss of a loved one.
(Received for Information)
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May 12, 2003
P.M. Madill, Regional Clerk, Region of Durham, advising Council
that the Region of Durham on April 16, 2003, passed the following
resolution:
"a) THAT Amendment No. 89 to the Durham Regional
Official Plan, to integrate the policies of the Oak
Ridges Moraine Conservation Plan, File OPA 2002-
007, as contained in Attachment 1 to Commissioner's
Report No. 2003-P-37 be adopted, that the necessary
by-law be passed and the amendment be forwarded
to the Minister of Municipal Affairs and Housing for
approval in accordance with the Oak Ridges Moraine
Conservation Act;
b)
THAT Amendment No. 90 to the Durham Regional
Official Plan, to adjust Map 'A' - Regional Structure,
for lands outside of the Oak Ridges Moraine defined
by the Province, File OPA 200-008, as contained in
Attachment 2 to Commissioner's Report No. 2003-P-
37 be adopted and that the necessary by-law be
passed;
c) THAT the "Notice of Adoption" be sent to the Area
Municipalities, Conservation Authorities, adjacent
municipalities and the Ministry of Municipal Affairs
and Housing and all persons or public bodies who
requested notification of this decision;
d) THAT the Minister of Municipal Affairs and Housing
be requested to defer the approval of Amendment No.
89 as it relates to the Altona area as shown in
Attachment 4, consistent with Deferral Area 34 of the
City of Pickering Official Plan, until further review of
the potential implications of the Federal Airport Lands;
Council Minutes
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May 12, 2003
e) THAT the Minister of Municipal Affairs and Housing
be requested to defer the approval of Amendment No.
89 as it relates to the areas shown in Attachment 5,
consistent with Deferral Areas 1 and 4 of the
Township of Uxbridge Official Plan, until sufficient
information is made available to determine the
appropriate designations of these lands and the
Township has expressed its view on how the deferrals
should be resolved; and further, that consideration of
the deletion of the Rural Employment Area 1 on Map
A - Regional Structure be deferred until the Province
has had an opportunity to conclude its review of the
impact of the ORMCP on existing uses;
f)
THAT part of the recommendation to Council
pertaining to Regional Official Plan Amendment No.
89 in Commissioner's Report No. 2003-P-37 be
amended to add a request that the Minister of
Municipal Affairs and Housing defer the approval of
Amendment No. 89, as it relates to the definition of
the boundary between the Natural Linkage Area and
the Countryside Area for the AGS Capital Corporation
property in the Township of Uxbridge, as shown in
Attachment 1 to Commissioner's Report No. 2003-P-
42, pending consideration of Official plan Amendment
File: 2002-001, submitted by AGS Capital
Corporation to permit a golf course;
g) THAT the Minister of Municipal Affairs and Housing
be requested to approve a 1 year extension of the
Minister's approval authority under the Oak Ridges
Moraine Conservation Act to allow the Region to
complete the Wellhead Protection Area policies by
April 22, 2004, in accordance with the Oak Ridges
Moraine Conservation Plan;
h) THAT the Minister of Municipal Affairs and Housing
be requested to approve a modification to the Durham
Regional Official Plan to resolve Deferral 15 as
contained in Attachment 6;
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May 12, 2003
i) THAT the Minister of Municipal Affairs and Housing
be requested to amend the Oak Ridges Moraine
Conservation Plan to allow municipalities to recognize
existing uses that had received Planning Act approval
as of to November 15, 2001;
j) THAT the Minister of Municipal Affairs and Housing
be requested to provide lower tier municipalities with
further direction and assistance in implementing the
Oak Ridges Moraine Conservation Plan in their
zoning by-laws;
k) THAT the Minister of Municipal Affairs and Housing
be requested to amend the Oak Ridges Moraine
Conservation Act to extend the October 22, 2003,
deadline for implementation for the Oak Ridges
Moraine Conservation Plan in lower tier Official Plans
and zoning by-laws; and
I)
THAT copies of Commissioner's Report Nos. 2003-P-
37 and 2003-P-42 be forwarded to the Area
Municipalities, the Conservation Authorities, the City
of Kawartha Lakes, the Counties of Northumberland
and Peterborough, the Regions of York and Peel and
the Ministry of Municipal Affairs and Housing and
Malone Given Parsons LId."
(Received for Information)
Miriam J. Heinz, Regulatory Coordinator, Enbridge Gas
Distribution, providing Council with a copy of the Notice of
Application together with the application filed by Enbridge Gas
Distribution regarding 2004 Test Year Rates Case.
(Received for Information)
Minutes of the Canadian Association of Nuclear Host Communities
meeting dated March 18, 2003.
(Received for Information)
Mayor Hazel McCallion, Chair, Central Ontario Smart Growth
Panel, Ministry of Municipal Affairs and Housing, providing Council
with a copy of their final report, Shape the Future.
(Received for Information)
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May 12, 2003
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Jack Layton, Leader, Canada's NDP for the NDP Caucus
Community Investment Advocacy Team, advising Council that the
Federal budget was a great disappointment for Canadian
municipalities, The budget reduces the federal government's
commitment to community infrastructure. This will create an
untenable situation for municipalities in the coming years - at the
rate of investment announced in the budget, today's needs will not
be met for 190 years. Mr, Layton has created a Community
Investment Advocacy Team within the NDP caucus that will be
working to raise municipal challenges over the coming months.
(Received for Information)
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Elizabeth P. Bateman, Girl Guides of Canada, thanking Council for
the generous donation for the Aggie 2003 event. The Clarington
brochures and bags were popular with the participants, The event
was a great success and the municipality's donations helped to
make it possible.
(Received for Information)
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Joan Alfrey-O'Grady, Manager, Experienced Workers Information
Network, providing Council with a copy of their "Rewired - Not
Retired" report.
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(Received for Information)
Durham Children's Aid Society, inviting Council to their 9yth annual
meeting for the year 2002/2003. This meeting will take place on
Thursday, June 12, 2003, at the Whitby Mental Health Centre
Auditorium from 6:30 p.m, to 9:00 p,m,
(Received for Information)
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The Honourable Janet Ecker, Minister of Finance, advising Council
that on April 22, 2003, the Government announced that the Ontario
Municipal Economic Infrastructure Financing Authority (OMEIFA) is
ready to accept applications from municipalities for subsidized
loans to support critical infrastructure investments. OMEIFA will
make financing available to municipalities for key infrastructure at
rates that are subsidized by 50 percent, providing them with cost-
effective financing for investments in much-needed infrastructure.
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May 12, 2003
Resolution #C-272-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Correspondence Item I - 3 be received for information.
"CARRIED"
P.M, Madill, Regional Clerk, Region of Durham, advising Council
that the Region of Durham on April 16, 2003, passed the following
resolution:
"a) THAT the Region of Durham provide 50% of the
funding to the Central Lake Ontario Conservation
Authority in 2003 for the purchase of the Easter Seal
Property in the amount of $212,500 with the
necessary financing to be determined by the
Commissioner of Finance;
b)
The Region of Durham advance a maximum of
$1,000,000 to the Central Lake Ontario Conservation
Authority in 2003 for the renovation and expansion of
the CLOCA Administrative Office on the basis that the
advance be repaid over a period of three years
commencing in 2004 through an annual surcharge on
the Conservation Authorities portion of the Regional
Budget equivalent to approximately 0.15% of the total
Regional Property Tax Budget; and
Further, the CLOCA provide a full accounting of the
costs of the above noted projects to Finance
Department staff as part of the 2004 budget process:
c) The Region of Durham provide funding to the Toronto
Region Conservation Authority and the Lake Simcoe
Region Conservation Authority in 2003 in the amount
of $176,557 for the following projects on the basis that
the Conservation Authorities provide a full accounting
of the projects to Finance Department staff as part of
the 2004 budget process:
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May 12, 2003
Toronto Region Conservation Authority
Claremont Field Centre Water System $ 92,000
Lake Simcoe Region Conservation Authority
Renovation/Expansion of Administrative Office 84,557
TOTAL $176.557
And further that financing for these projects be determined
by the Commissioner of Finance from any source of
revenues that may become available;
d)
A Special Reserve Fund for Conservation Property
Acquisition Purposes be established with an initial
contribution of $500,000 from any available funding
determined by the Commissioner of Finance and
further the special funding requests received from the
Lynde Creek Alliance, Friends of Second Marsh,
Durham West Waterfront and the Conservation
Authorities be deferred and considered as part of the
2004-2008 Economic and Financial Forecast in order
to develop Regional fiscal policy options which secure
sustainable financing for the further enhancement of
the Reserve Fund for Conservation Lane Acquisition
Purposes and the related purchase of property for
Conservation Authority purposes; (Referred back to
Committee);
e) The Province of Ontario be requested to provide
financial assistance in the funding of Conservation
Authority related projects and or the purchase of
environmentally sensitive lands and copies of this
report be forwarded to the Minister of Municipal
Affairs and Housing, the Minister of Finance, Durham
Region's local municipalities, the five Conservation
Authorities, the Lynde Marsh Alliance, Friends of the
Second Marsh and the Durham Region MPP's; and
f) FURTHER, that the Commissioner of Finance review
this matter with representatives of the Ministry of
Natural Resources and specifically, that Minister
Ouellette be requested to attend a meeting in this
regard."
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May 12, 2003
Resolution #C-273-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Correspondence Item 1- 4 be received for information,
"CARRIED"
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Allan Hewitt, Chair, Samuel Wilmot Management Advisory
Committee, bringing to Council's attention the exceptional work that
has been done by Cynthia Strike, Planning Services Department.
Cynthia's dedication, commitment and enthusiasm have made their
committee projects achievable and successful. She has gone
above and beyond what would have been the normal expectation of
a staff member assigned to work with a committee, The passion
and excitement that Cynthia brings to work is contagious and will
be greatly missed by their group.
Resolution #C-274-03
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Moved by Councillor MacArthur, seconded by Councillor Rowe
THAT a letter of appreciation be send to Cynthia Strike in
recognition of the exceptional work done on the Samuel Wilmot
Management Advisory Committee.
"CARRIED"
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Minutes of the Clarington Traffic Advisory Committee meeting
dated March 20, 2003.
Resolution #C-275-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Correspondence Item I - 17 be received for information.
"CARRIED"
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May 12, 2003
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Carl De Faria, Minister of Citizenship, inviting Council to participate
in Ontario's volunteer recognition program for the year 2003, There
are three award programs that provide for an opportunity to thank
volunteers and recognize them in a significant way. The programs
are:
. The Ontario Volunteer Service Awards
. The Outstanding Achievement Awards for Voluntarism in
Ontario
. The Ontario Medal for Young Volunteers
Resolution #C-276-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Gord Lowery be nominated to receive the Ontario Volunteer
Service Award for his work with the minor sports association in
Orono for many years.
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"CARRIED"
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Sherri Munns-Audet, Communications Officer, Region of Durham,
providing Council with a copy of a media advisory regarding Jack
McCorkell, Works Commissioner, being named one of "2003 Top
Ten Public Works Leaders of the Year", Mr. McCorkell is the only
2003 Canadian recipient. This award recognizes the outstanding
career service achievements of individual public works officials
across North America, Award winners are individuals who have
devoted their time and efforts to the development and provision of
successful public works programs and services.
Resolution #C-277-03
Moved by Councillor Trim, seconded by Councillor Schell
THAT a letter of congratulations be sent to Jack McCorkell for
being named one of "2003 Top Ten Public Works Leaders of the
Year",
"CARRIED"
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May 12, 2003
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Hazel McCallion, Mayor, City of Mississauga, inviting Council to join
the City of Mississauga in kicking off the Mayors' Megawatt
Challenge. Mayors and Councils from across the Greater Toronto
Area are invited to join forces with the City of Mississauga to
expand their municipal building retrofit programs for the betterment
of their communities, the province and Canada. The initiative will
enable municipal governments across the Greater Toronto Area to
pool their energy management knowledge and experience in order
to achieve at least one megawatt of electrical demand savings by
the end of 2003,
Resolution #C-278-03
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item I - 30 be referred to the Director of
Operations,
"CARRIED"
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Secretary General to The Order of Ontario, Deputy Minister,
Ministry of Citizenship, inviting nominations for membership in The
Order of Ontario. The nomination deadline is May 30, 2003. The
Order of Ontario award pays tribute to exceptional people who
exemplify the highest qualities of achievement and excellence in
their chosen professions or in community service on an
international, national or provincial level.
Resolution #C-279-03
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Gary Polonsky be nominated to receive The Order of Ontario
for his duties as President of the University of Ontario Institute of
Technology and his duties as Chair on the Iter Community Council.
"CARRIED"
Correspondence Item D - 13 was distributed as a handout.
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May 12, 2003
Resolution #C-280-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Correspondence Items, including the handout Item D - 13, be
approved as per the agenda with the exception of Items D - 8 to
D - 12, inclusive.
"CARRIED"
D - 1
Reginald and Angelique Ball, requesting Council to give careful
consideration to the passage of any by-law restricting residents
from installing gates in the fence at the rear of their property, Mr.
and Mrs, Ball moved to Bowmanville in December 2001 after
paying a substantial lot premium to build their house at
Sprucewood Crescent backing onto Soper Creek. It is important to
the Balls that their son have reasonable access to the creek given
his physical/intellectual restrictions, Not being able to place a gate
in the fence, at their own expense, as they had planned, places a
significant hardship on themselves and their son, as it would mean
that they would have to access the nature and creek area at the
back of their property via a public walkway iocated some 500 feet
south of their property. Their 16 year old son has juvenile
rheumatoid arthritis, global development delay and an assortment
of neurological disorders that affect his balance, muscle tone and
energy level. The Balls are requesting special exemption to any
by-law that would prevent the placement of a gate in their rear
fence, based on hardship and compassionate circumstances for
their family.
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(Correspondence referred to the
Directors of Planning Services and
Engineering Services)
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Kathleen Richardson, voicing her concerns regarding local hunting.
Mrs. Richardson breeds Hanoverians, large animals that can be
spooked by gunfire or baying dogs chasing across the property,
putting them and resident children and adults at grave risk. On
more than one occasion she has heard gunfire alarmingly close by,
Their dogs and horses have also been startled in the paddocks by
the sound of gunfire and sighting of men and dogs over the past
few years, in spite of her having the property signed "No Hunting"
with red dots to indicate "No Trespassing",
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The "Responsible Pet Owners By-law" prohibits dogs running loose
on another's private property, and she would hope to have this
by-law enforced.
(Correspondence referred to the
Municipal Clerk)
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Greg Farrant, Government Relations Manager, Ontario Federation
of Anglers & Hunters, advising Council that they concur with the
contents of Report CLD-019-03 pertaining to firearms in Clarington.
Mr, Farrant is confirming that the Ontario Federation of Anglers &
Hunters would be pleased to participate on the Firearms
Committee,
(Correspondence referred to the
Municipal Clerk)
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K, Bradley, Secretary, Navy League of Canada, requesting
permission to sell tags on October 2, 3 and 4, 2003, pertaining to
Navy League Tag Days for 2003. As in the past, this is a major
fund raiser for the Royal Canadian Sea Cadet Corps and their
Cadets will once again be in uniform in front of businesses
throughout Clarington.
(Approved the selling of tags during
Navy League Tag Days)
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Willie Woo, writing to Council to advise of his concerns regarding
the recent newspaper articles with headlines "Goodyear faces
charges" and storylines "fine of up to $10 million after local
residents complained of black soot emanating from the Goodyear
Bowmanville plant", Mr. Woo is an employee in the department
which manufacturers the primary stages of rubber, and he can
speak on this subject which is going before the courts. Goodyear
has complied with directives issued by the Ministry of Environment
and were well below all emission discharge regulations, If anyone
would have concerns, it would primarily be the employees.
Goodyear has been a part of the history of Bowmanville for over 93
years and has been a good community and corporate partner. Mr.
Woo feels that the recent publicity is unwarranted along with the
charges.
(Correspondence referred to the
Ministry of the Environment)
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Employees of Goodyear Bowmanville, providing Council with 41
signed letters expressing their displeasure at the unfair treatment
aimed at Goodyear over the recent complaints about carbon black
and the apparent lack of support from their elected officials. The
Ministry of Environment needs to use a common sense approach
that takes both sides of the situation into account. Many
generations of Bowmanville people have worked at the Goodyear
plant and Goodyear has contributed much to this community over
the years. They do not want to lose their jobs because of a few
dissenting neighbours who have unrealistic expectations and seem
hell-bent to have the plant closed, and take away the livelihood of in
excess of 1000 people (employees and dependants) in the
community.
(Items of correspondence to be referred
to the Ministry of the Environment)
R.J. Kyle, Commissioner and Medial Officer of Health, Region of
Durham, requesting Council to proclaim the week of May 19 - 23,
2003, as Emergency Medical Services (EMS) Week.
(Proclaimed)
Donna Reynolds, Associate Medical Officer of Health,
Region of Durham, requesting Council's permission to
conduct a larviciding program within the Municipality of
Clarington. During the spring and summer of 2003 the
Durham Region Health Department will be conducting
activities involving West Nile Virus vector control for
mosquitoes in the Regional Municipality of Durham, An
important component of Durham Region West Nile Virus
Vector Control Plan involved conducting a larviciding
program through early spring to mid summer in catch basins
and other stagnant water bodies on municipal and regional
property. In order to receive a permit issued from the
Ontario Ministry of the Environment to apply a larvicide to
municipal property, the municipality within the jurisdiction of
a Region must supply a letter from a representative of the
municipality authorizing the use of a larvicide in that
municipality by the Region,
(Approved to provide the Region
of Durham with a letter of
authorization)
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Council Minutes
COMMUNICATIONS
D-8
D14.GE
D-9
M02.GE
- 18 -
May 12, 2003
George Van Dyk, writing to Council with deep concern pertaining to
an application by large retail stores applying for building permits,
zoning changes and variances on the west end of town, Large box
retail stores when built around the perimeter of a town or city create
a growing cancer within those places, All the businesses want to
be where the action is, where the crowds are, therefore one by one
the stores and businesses from the downtown core move to the
perimeter where the large box stores are, especially the retailers
that have enjoyed the high traffic volume before. The empty
downtown stores will now be taken over by low rental businesses
such as pawn shops, off track betting, x-rated stores, strip joints or
just left empty. The town will experience more crime, drugs and
violence, The quiet friendly place where we grew up, where
everybody wanted to live, is now dead on the inside, filled with
crime and drugs, where nobody dares to visit and the police force
size has doubled. The town should form a "think tank" that would
make recommendations for them to consider what a future plan of
Bowmanville would look like.
Resolution #C-281-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Correspondence Item D - 8 be referred to the Director of
Planning Services.
"CARRIED"
Myno Van Dyke, President, Newcastle Village & District Historical
Society, Secretary, Massey Show Committee, requesting Council to
sponsor the cost of renting the ball diamond for two days on June
21 and 22,2003, during the Massey Show in Newcastle. At the
2001 show, they had over 2000 in attendance, They expect it to be
a much bigger show this year. This year they will again have the
indoor display at the Newcastle Community Hall and the outdoor
equipment displays at the Ball Diamond across for the IGA Store.
The will also have walking tours through the village and as an
added attraction this year, a music jamboree featuring a number of
local bands, singers and instrumentalists,
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Council Minutes
COMMUNICATIONS
D - 10
M02.GE
D - 11
D02.0A
- 19-
May 12, 2003
Paul Siemon, Member, Steering Committee, Terry Fox Run,
Bowmanville, requesting Council to forgo the rental fees of the
Garnet Rickard Complex for their Terry Fox Dance. Most of the
people in Clarington have in some way or another, been affected by
cancer and a large percentage of these people would like to
contribute to fight the cause, This year, the steering committee felt
that they could possibly add another event to generate revenue and
in so doing might get those people involved that cannot participate
during the Terry Fox Run. The second event would involve a 'Terry
Fox Dance" which has been tentatively scheduled for Saturday,
August 23, 2003.
Resolution #C-282-03
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Myno Van Dyke and Paul Siemon requests for financial
assistance be denied with regret;
THAT Mr. Van Dyke and Mr. Siemon be advised of the
Municipality's grant policy; and
THAT they be referred to the Municipal Clerk's Department for
assistance.
"CARRIED"
Brenda Colquhoun, Clerk, Township of Adjala-Tosorontio, advising
Council that the Township of Adjala-Tosorontio on April 7, 2003,
passed the following resolution:
"WHEREAS we have been reviewing with the Ministry of
Municipal Affairs our concerns relating to the Oak Ridges
Moraine Conservation Act and Plan;
AND WHEREAS the Ministry representatives have advised
that it is not within their mandate to amend, allow exceptions
or resolve outstanding issues;
RESOLVED THAT the Minister of Municipal Affairs and
Housing be requested to establish a Review Board to
accommodate the concerns of Municipalities;
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Council Minutes
COMMUNICATIONS
D-12
- 20-
May 12, 2003
AND THAT this resolution be forwarded to Municipalities
within the Moraine and MPP Jim Wilson with a request for
support of our request."
Resolution #C-283-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D - 11 be received for information.
"CARRIED"
Frank and Kim Acolina, writing to Council regarding speeding on
Old Scugog Road just north of Highway 57. In the past 12 months
they have seen a dramatic increase in both the number of non-
resident vehicles using this road and the number of people
speeding excessively along it. The posted speed limit for the area
is 50 kmlh yet most drivers travel well in excess of 80 km/h. With
the crumbling condition of the road, the limited overhead street
lighting and the lack of sidewalks, this area is an accident waiting to
happen, There are children, elderly people and dog owners who,
while walking along the roadway, must obviously share it with
vehicular traffic. Mr. and Mrs. Acolina have the following solutions:
. Designate Old Scugog for "local traffic" only from Highway
57 to Taunton Road;
. Reducing the speed limit from 50 kmlh to 30 or 40 km/h.
Reduction of speed limit north of Buttery Court to Taunton
from 80 kmlh to 50 kmlh should also be strongly considered.
. Install speed bumps similar to the ones on Athol Street in
Oshawa.
Resolution #C-284-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D - 12 be referred to the Director of
Engineering, the Clarington Traffic Management Advisory
Committee and Inspector Cameron, Durham Regional Police
Department.
"CARRIED"
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Council Minutes
REPORTS
Report #1
G,P.A. Report
May 5,2003
Item #9
Fitness Industry
- 21 -
May 12, 2003
Resolution #C-285-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the actions taken by the General Purpose and Administration
Committee on May 5, 2003, be approved with the exception of
Item #9,
"CARRIED"
Resolution #C-286-03
Moved by Councillor Schell, seconded by Councillor Rowe
WHEREAS the Municipality of Clarington recognizes that the
fitness industry, as a local small business, is at a disadvantage
when directly competing with organizations that do not pay the
taxes that form a significant part of the small business owner's
operating expenses;
WHEREAS the Municipality of Clarington does not feel it is in the
best interests of its residents to compete with the fitness industry
who are meeting the needs of the community;
WHEREAS the Municipality of Clarington is committed to
responding to opportunities for business retention and attraction;
NOW THEREFORE BE IT RESOLVED
THAT the Municipality of Clarington hereby advises the local fitness
facility owners that it will not enter into direct competition with the
local fitness industry in new facility construction; and
THAT the Association of Municipalities of Ontario be advised of
Council's decision, and be requested to forward the resolution to
the member municipalities for their consideration.
"CARRIED"
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Council Minutes
REPORTS
Report #2
No Parking
Old Scugog
Road and
Boundary Road
- 22-
May 12, 2003
Resolution #C-287-03
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report EGD-15-03 be received;
THAT "No Parking" signs along both sides of Old Scugog Road
from Boundary Road, Burketon, southerly to the C,P. Railway
tracks, be formally approved;
THAT having received support from the Township of Scugog on
May 5, 2003, the erection of "No Parking" signs on both sides of
Boundary Road from Regional Road 57 to the western end of
Boundary Road (Boundary Road with Township of Scugog in
Burketon), be formally approved;
THAT "No Parking" signs be formally approved and installed on
both sides of Wilcox Road from Highway 115 to the eastern end of
Wilcox Road in the former Clarke Township;
THAT the proposed by-law attached to Report EG D-15-03 be
approved; and
THAT the interested parties listed within Report EGD-15-03 be
provided with a copy of Report EGD-15-03 and Council's decision,
"CARRIED"
Resolution #C-288-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Confidential Verbal Report of the Chief Administrative
Officer pertaining to a property matter and the Confidential Verbal
Report of the Director of Planning Services pertaining to a property
matter be referred to the end of the agenda to be considered during
a "closed" session of Council.
"CARRIED"
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Council Minutes
- 23-
May 12, 2003
UNFINISHED BUSINESS
1151223
Ontario Limited
Resolution #C-289-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Report PSD-050-03 be lifted from the table.
"CARRIED"
Resolution #C-290-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Report PSD-050-03 be received;
THAT the application by 1151223 Ontario Limited to remove the
Holding (H) Symbol (ZBA 2003/001) be approved provided that the
applicant and the lessee enter into an agreement with the
Municipality to make a financial commitment to pay $292,197,
secured in the form of an unconditional and irrevocable letter of credit
satisfactory to the Municipality's Director of FinancelTreasurer,
towards future road improvements in the South Courtice Industrial
Area;
THAT the agreement be satisfactory to the Director of Engineering
Services, provide for the letter of credit to be indexed annually for a
term of five (5) years and, if the Municipality has not drawn down on
the letter of credit for a road improvement project at the end of the
five (5) year period, then the funds owing to the Municipality will be
paid by the owner or lessee or, alternatively, the Municipality will
draw down the letter of credit;
THAT the applicant be responsible for all legal costs associated
with preparing the agreements;
THAT the removal of holding by-law be forwarded to Council at
such time as the applicant and the lessee have entered into a site
plan agreement and an agreement for contributions to future road
improvements with the Municipality;
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Council Minutes
- 24-
May 12, 2003
UNFINISHED BUSINESS
BY-LAWS
THAT the site plan be amended to include:
. The erection of a 2.4 m high solid screen fence around the
perimeter of the site;
. A 1,5 m high continuous berm with densely planted, primarily
coniferous vegetation around the perimeter of the site;
. A truck loading and off-loading area on a paved surface
inside the perimeter fence; and
THAT the interested parties listed in Report PSD-050-03 and any
deputations be notified of Council's decision.
"CARRIED"
Resolution #C-291-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT leave be granted to introduce By-laws 2003-063 to
2003-068, and that the said by-laws be now read a first and second
time:
2003-063
being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle
2003-064
being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle
2003-065
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
2003-066
being a by-law to authorize Voting By Mail for the
2003 Municipal Election and the entering into of an
agreement with Canada Post to provide Vote By Mail
services
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Council Minutes
BY-LAWS
OTHER BUSINESS
- 25-
May 12, 2003
2003-067 being a by-law to authorize a purchase agreement
between the Corporation of the Municipality of
Clarington and Robert Jack Woolley in respect to the
purchase of 171 Port Darlington Road, part of
unsubdivided Lot 9 Smart Plan, Part 2, 10R-1734,
Parts 1 and 2, 1 OR-1781, former Town of
Bowmanville, Municipality of Clarington
2003-068 being a by-law to authorize a purchase agreement
between the Corporation of the Municipality of
Clarington and Stephen Selby, in Trust in respect to
the purchase of Part 1, 40R-21879, 3490 Gibson
Road, Part Lot 35, Concession 3, former Township of
Clarke, Municipality of Clarington
"CARRIED"
Resolution #C-292-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the third and final reading of By-laws 2003-063 to
2003-068, inclusive, be approved.
"CARRIED"
Durham Regional Resolution #C-293-03
Police
Moved by Councillor Trim, seconded by Councillor Schell
WHEREAS the Regional Municipality of Durham is awaiting a
response from the Province as to the ability to nominate two further
people to the Durham Regional Police Services Board;
AND WHEREAS Durham Regional Police are providing site
security at both Darlington and Pickering Nuclear Generating
Stations under protocol of the Canadian Nuclear Safety
Commission (CNSC);
AND WHEREAS the CNSC, Ontario Power Generation (OPG) and
the Canadian Nuclear Host Communities (CNHC) continuously
seek input and dialogue with the Municipality of Clarington and the
City of Pickering with respect to site security;
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Council Minutes
OTHER BUSINESS
All Terrain
Vehicles
Ganaraska
Forest
- 26-
May 12, 2003
NOW THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington request that one of the members of Regional Council
appointed to the Police Services Board be a member of either
Clarington or Pickering Council; and
THAT this resolution be copied to the City of Pickering, the
Regional Municipality of Durham, the Durham Regional Police
Services Board, the CNSC, and the CNHC.
"CARRIED"
Resolution #C-294-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
WHEREAS the Municipality has been working to address concerns
raised by residents about dirt bikes and all terrain vehicles
accessing the Ganaraska forest by way of Wilcox Road via the
35/115 snowmobile tunnel;
AND WHEREAS the closure of the 35/115 snowmobile tunnel
would deter dirt bikes and all terrain vehicles from using Wilcox
Road to access the Ganaraska Forest;
AND WHEREAS the Municipality of Clarington has now received
the required conditional approval for gate and fencing works from
the Ministry of Transportation, under whose jurisdiction the tunnel
falls;
NOW THEREFORE BE IT RESOLVED THAT the Director of
Engineering Services be authorized to take appropriate action to
expedite the installation of the gate and fencing at the 35/115
snowmobile tunnel and that the funds for these works, estimated at
approximately $10,000 be funded from the General Capital
Reserve Account 2900-17-X.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 27 -
May 12, 2003
Resolution #C-295-03
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Council recess for five minutes after which time the meeting
be "closed" to consider two confidential property matters.
"CARRIED"
Resolution #C-296-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the actions taken during the "closed" session of Council be
ratified.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-297-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2003-069 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 12th day of May 2003, and
that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-298-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the third and final reading of By-law 2003-069 be approved,
"CARRIED"
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Council Minutes
ADJOURNMENT
- 28-
May 12, 2003
Resolution #C-299-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the meeting adjourn at 8:57 p.m,
"CARRIED"