HomeMy WebLinkAbout06/24/2002
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
June 24, 2002
Minutes of a regular meeting of Council
held on June 24, 2002, at 7:00 p.m.,
in the Council Chambers.
Councillor Schell led the meeting in prayer.
Mayor J. Mutton
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Confidential Secretary to the Mayor, L. Bruce (attended un1il 7:30 p.m.)
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Executive Assistant to the Mayor, M. Reid (attended until 7:30 p.m.)
Confidential Secretary to the Clerk, H. Keyzers (attended until 9:30 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Mutton indicated that he would be disclosing a pecuniary
interest with respect to Item #7 of Report #1 and the corresponding
by-laws.
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Council Minutes
MINUTES
ANNOUNCEMENTS
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June 24, 2002
Resolution #C-367-02
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a regular meeting of Council held on
June 10, 2002, be approved.
"CARRIED"
Mayor Mutton advised that the Durham Regional Police
Department provided a media release regarding a Bowmanville
man who has been arrested for several break and enters in the
downtown core. This same person was in possession of the
missing self contained breathing apparatus belonging to the
Emergency Services Department.
Councilior Pingle advised that she attended that 90th Anniversary of
the Bowmanville Hospital Volunteers.
Councillor Trim advised that he received a letter on Friday
addressed to the Mayor of Newtonville, Toronto, Ontario. The letter
was from a woman from England wondering if Council could
recognize her mother's 90th birthday. Her mother, who was born in
Newtonville, has always had fond memories of the municipality.
Councillor Robinson advised Council that he attended the Motor
Madness Event in Orono on Saturday, June 22, 2002. He also
stated that he attended the 1st Anniversary of Newcastle
McDonalds and an event held at the Rotary Park to help support
Bethesda House.
Councillor Rowe advised Council that the Courtice Business
Association will be hosting a free Canada Day Event this Thursday,
June 27, 2002, at 5:30 p.m. at Whitecliffe Terrace.
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Council Minutes
PRESENTATIONS
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June 24, 2002
Mayor Mutton congratulated and presented the Academic
Excellence awards to the following students:
Lauren Gilhooly - Bowmanville Senior Public School
Laura McKenna - Courtice North Public School
Ryan Zavitz - Dr. Emily Stowe Public School
Geoff Powell - Dr. Ross Tilley Public School
Stephanie Uttley - Lydia Trull Public School
Matt Darling - M.J. Hobbs Public School
Chelsea Brake - Ontario Street Public School
Melissa Campbell - S.T. Worden Public School
Amanda Fracz - St. Francis of Assisi School
Kyle Steeves - St. Stephen's Elementary School
Christine Teo - The Pine Senior Public School
Amanda Brady - Waverley Public School
The following awards of excellence were presented to secondary
school students:
Ashley Welsh - Bowmanville High School
Melissa Searle - Clarke High School
Katharine Found - Courtice Secondary School
Adrienne Silnicki - St. Stephen's Secondary School
There were two graduation ceremonies last week and the awards
were presented to:
Amanda Rekker - Durham Christian High School
Thaddeus Bolton - St. Joseph's Elementary School
There are also four graduation ceremonies taking place this
evening and awards will be presented to:
Nicole Pollet - Good Shepherd School
Jonathan Stoner - Monsignor Leo Cleary School
Stephanie Gresel - Mother Teresa School
Milissa Colley - St. Elizabeth School
Mayor Mutton congratulated and presented certificates to the
foilowing students from Courtice Secondary School in recognition of
winning the National Awards for the Electric Car Program:
Sarah Rotheram
Andrew Randell
Cameron Osborne
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Council Minutes
PRESENTATIONS
DELEGATIONS
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June 24, 2002
Ryan Hutchison
Amanda Porter
Kyle Beardmore
Mark Davidson
Kent Missons
Katie Cherry
Teacher advisors are:
Randie Houghton
David Howard
Rachelle Mack
John Winder
Chris McManus
Bruce Balsdon
Resolution #C-368-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT the 10 minute delegation time limit be extended to allow Mr.
Watson ample time to complete his presentation.
"CARRIED"
Peter Watson, Manager of Waste Management, Region of Durham,
105 Consumers Drive, Whitby, L 1 N 6A3, circulated his presentation
regarding the new integrated waste collection service in the
Municipality of Clarington. The new waste collection services
include the following:
1. Expanded Blue Box recycling program
2. Leaf and yard waste program
3. Organic food waste program
4. Alterations to garbage waste
5. White goods collection
6. Street litter containers
7. Waste information guide & calendar
8. New "waste collection" days
9. Other features
10. Contract status & startup
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DELEGATIONS
COMMUNICATIONS
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June 24, 2002
Robert Cowie, 2682 Prestonvale Road, Courtice, L 1 E 2R9, was
called but was not present.
Derek Baird, 1603 Highway 2, Courtice, L 1 E 2R7, appeared before
Council regarding his rezoning application of 1603 Highway NO.2.
Mr. Baird stated that his office has been in operation for two years
with no negative effects or complaints. In fact, they have received
positive feedback on numerous occasions from neighbours. The
petition referred to by staff against the Highway 2 Corridor
Secondary Plan was conducted by two other landowners and not
Mr. Baird. Mr. Baird takes exception to staff stating that he has
ulterior motives with this application. His application is strictly site
specific, and he has no "greater plans" for his other landholdings.
Mr. Baird is asking Council to support his rezoning application and
he believes that it fits in with the spirit of the Highway 2 Corridor.
Correspondence Item I - 22 was received as a handout.
Resolution #C-369-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information be
approved with the exception of Items I - 5 and I - 24.
"CARRIED"
Annette Laferriere, Administrative Assistant, Office of the
Commissioner & Medical Officer of Health, Region of Durham,
advising Council that the public consultation for a Regional By-law
regulating smoking in public places and workplaces will take place
in Clarington on June 26, 2002, at the Garnet B. Richard Complex
from 7:00 p.m. to 10:00 p.m.
(Received for Information)
J.R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority, providing Council with a copy of the
following items regarding Bill 155 - Sustainable Water and Sewage
System Act, 2001:
1.
Canadian Environmental Law Association correspondence
to Municipal Affairs and Housing dated February 15, 2002;
and
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June 24, 2002
2. Conservation Ontario correspondence to Municipal Affairs
and Housing dated May 9, 2002.
(Received for Information)
Ron Trewin, Construction & Asset Management, Region of
Durham, providing Council with a copy of their newsletter for the
paving and road rehabilitation at the intersection of Highway 2 at
Holt Road in Clarington. The work commenced during the week of
June 10 and is expected to be completed in July.
(Received for Information)
James Knight, Chief Executive Officer, Federation of Canadian
Municipalities (FCM), advising Council that at the 65th Annual FCM
Conference from May 30 to June 3, seven federal cabinet ministers
told delegates that the time had come to develop a new relationship
with Canada's municipal governments. FCM is recommending
permanent mechanisms and programs to address the needs that
cabinet ministers have agreed must be met. A proposal on fiscal
options has been prepared; FCM will soon provide members with a
summary and talking points to be used in media interviews and
meetings with Members of Parliament.
(Received for Information)
Norman Sterling, Minister of Transportation, writing to Kaye
McOustra, Chair, School Council, Clarke High School, assuring her
that the Ministry of Transportation is supportive of the community-
level safety initiative and is working with both the police and the
community in establishing Community Safety Zones (CSZ) on
provincial highways. Staff from Mr. Sterling's Central Region Traffic
Office are currently preparing the technical report concerning the
Clarke High School application.
(Received for Information)
Association of Municipalities of Ontario (AMO), advising Council
that Bill 30 proposes to protect from union sanctions those full-time
firefighters who choose to volunteer for their local community fire
departments (two-hatters). AMO strongly endorses the Bill as it
establishes the principles of right to work as it protects these
volunteers from union actions, which could result in the loss of their
full-time employment as firefighters. At the same time, the interests
of communities and ratepayers are protected and labour certainly is
established. Two-hatters are important to many rural and small
town fire departments as they provide expertise, training and
leadership.
(Received for Information)
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June 24, 2002
Kim Coates, Clerk, Township of Scugog, advising Council that the
Township of Scugog on June 10,2002, endorsed the resolution by
the City of Pickering indicating their readiness to be a participating
Municipality in the Region's acceptance of all waste management
powers subject to certain conditions.
(Received for Information)
Kim Coates, Clerk, Township of Scugog, advising Council that the
Township of Scugog on June 10,2002, endorsed the resolution by
the City of Pickering supporting the Municipality of Clarington's bid
to host the Iter Project.
(Received for Information)
Minutes of the Clarington Agricultural Advisory Committee Meeting
dated May 9, 2002.
(Received for Information)
Minutes of the Kawartha Conservation Authority Meeting dated
May 29,2002.
(Received for Information)
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated May 14, 2002.
(Received for Information)
Steve Parish, Mayor, Town of Ajax, advising Council that the Town
of Ajax reconsidered Item #3 of their resolution on the Iter project
and decided to leave the original resolution intact as follows:
"THAT the Town of Ajax reserve the right to bring forward
additional environmental issues and request that Iter Canada
pay the Town's costs of hiring an Environmental Consultant,
if necessary, to address outstanding issues."
Mr. Parish also advised that Ajax Council wishes to
emphasize that it is not requesting an additional
Environmental Assessment process. Item #3 is primarily
intended to cover off a situation where supplementary
information may be required to address an area of concern
specific to the Town of Ajax in relation to the Iter project.
(Received for Information)
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June 24, 2002
COMMUNICATIONS
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Lisa McNee-Baker, Executive Director, Big Brothers & Sisters of
Clarington, thanking Council and the Tourism Office for taking part
in their annual Fruit Wine & Food Festival held on May 25th, at
Archibald Orchards. This was the third year that the Municipality
has agreed to assist in planning this event and generously covered
the cost of promotion. Ms. McNee-Baker is pleased to say that the
Fruit Wine & Food Festival is becoming one of the can't miss
events of the year, proving that Clarington truly is the "greater part
of the GTA". With the generous support of the Municipality, the
community and Archibald Orchards, they raised over $3000 for
their children's mentoring programs.
(Received for Information)
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M. de Rond, Clerk, Town of Ajax, advising Premier Eves that the
Town of Ajax on June 10,2002, passed the following resolution:
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"THAT the Council of the Town of Ajax endorse the
resolution of the Durham Regional Police Services Board
with respect to the Hadley Inquest recommendations."
(Received for Information)
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Power Budd Energy Update, advising Council that the Ontario
Energy Board has released a decision on the Hydro One
distribution rate application. The Board did not approve Hydro
One's proposed methodology for recovering the costs of its shared
low-voltage (LV) system. According to the Board, "to burden these
identifiable loads with costs of a service they have not used and are
not using amounts to cross-subsidization." The Board accepted the
arguments of the coalition of local distribution companies (LDC)
represented by Power Budd, along with the arguments of AMPCO
and Toronto Hydro, that recovery of the costs of the shared LV
system should be based on a "user-pay" approach. As such, Hydro
One was ordered to recover the costs of its shared LV system from
those LDCs and Embedded Directs that are connected to the LV
system and based on their use of the LV system. The shared LV
charge will now be $0.56 per kW based on use of the LV system.
(Received for Information)
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Association of Municipal Managers, Clerks and Treasurers of
Ontario, providing Council with an overview of the fiscal situation of
the Provincial Budget.
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(Received for Information)
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June 24, 2002
COMMUNICATIONS
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M. Barbara Hicks, Conference Chair, Business and Professional
Women's Club Bowmanviile, thanking Council for the financial
assistance in making the 56111 annual Provincial Conference a very
successful and enjoyable event. Many thanks to Councillors Rowe
and MacArthur for bringing greetings from Council and supporting
the opening ceremonies on Friday, May 31,2002. Ms. Hicks would
like to also thank the staff of the Communications & Tourism
Department.
(Received for Information)
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Hannah Yang, Coordinator, Fund Raising Events, Multiple
Sclerosis Society of Canada, thanking Council for helping to make
the 2002 Super Cities WALKs for MS such an amazing success.
The Durham WALKs raised over $200,000 on WALK day. The
three Durham WALKs were part of the 41 WALKs that took place
across Ontario on Sunday, April 21. Over 27,000 WALKers
participated and more than $3.1 million has been raised
provincially. The money raised from the Durham WALKs will be
used to fund national research projects and to provide services for
persons with MS and their families living in the Durham Region.
(Received for Information)
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Cathy Abraham, Chair, Newcastle Community Hall Board, thanking
Council for granting the money requested for some much needed
equipment and projects. Of the seven projects they have laid out
for themselves this year with the money received, they have
accomplished three so far. Plans are now underway to see that the
remaining four projects are done as soon as possible.
(Received for Information)
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Susan Larsh, Communications Committee Chair, Valleys 2000,
thanking Council for the recent successful completion of the
reconstruction of the roadway leading down into the Bowmanville
Valley. The improved entrance off Roenigk below King Street is
certainly a more pleasing entrance to the vailey and to the
upgraded and newly designed trails. The co-operation of both
Council and the municipal staff is much appreciated in assisting the
volunteers to achieve the vision of restoring and enhancing the
Bowmanville and Soper Creek Valleys as accessible, recreational
and environmental amenities and to link the Waterfront Trail to the
historic centre of Bowmanville.
(Received for Information)
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COMMUNICATIONS
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June 24, 2002
Peter Balaban, Ministry of Environment and Energy,
providing Council with a copy of the report on the Results of
Chemical and Microbiological Testing of Atlantic Packaging
Paper Fibre Biosolids and the Sound-Sorb Berm, Oshawa
Skeet and Gun Club. An information session has been
scheduled for Thursday June 27, 2002 at 6:30 p.m. at the
Region of Durham Health Department.
(Received for Information)
Cheryl MacLeod, Executive Director, Hospice Durham, providing
Council with a copy of their Annual Report.
(Received for Information)
John O'Toole, MPP, Durham, providing Council with a copy of the
Honourable Tony Clement, Minister of Health and Long-Term Care,
response to Clarington's resolution of support for the Township of
West Grey regarding the supply of medical practitioners in Ontario.
In May and June of 2001, Mr. Clement announced several
initiatives supporting this strategy. These included: 1) an increase
in medical school enrolment by 30%, 2) creation of a northern
medical school, 3) an increase of post-graduate training positions
by up to 25 in northern and rural communities, and 4) plans to
streamline and more than double the province's capacity to assess,
train and license foreign-trained doctors. This will produce up to 90
additional foreign-trained physicians each year who will be eligible
to practice medicine in Ontario, with up to 40 of these physicians
requiring sponsorship by underserviced communities.
Resolution #C-370-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item 1- 5 be referred to Chris Kooy,
Lakeridge Health Bowmanville and the Physician Recruitment
Advisory Committee.
"CARRIED"
Association of Municipalities of Ontario (AMO), providing Council
with the Association of Municipalities of Ontario's response to the
Provincial Budget. AMO highlighted the following:
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The balance of the 1999 commitment to a 20% reduction in
residential education property tax rates is delayed until 2004;
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COMMUNICATIONS
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June 24, 2002
· Municipal program spending that existed prior to the budget
would seem to be intact;
. The Province is committed to an investment of over a half a
billion dollars in the next two years on clean safe drinking
water for the people of Ontario. Some $245 million of that
funding is to be made available in 2002-03, a portion to be
allocated to help municipalities upgrade their water systems;
. Intention to give upper tiers and single tiers the option of
lowering the current farm tax rate of 25% of the residential
tax rate;
. The government will consult with municipalities on the
introduction of tax-free opportunity bonds. The Provincial
intention is to assist municipalities as they borrow funds to
maintain and/or improve their infrastructure; and
. The government will consult with municipalities and the
private sector in an effort to develop legislation that would
enable tax-incentive zones in Ontario.
Resolution #C-371-02
Moved by Councilllor Trim, seconded by Councillor Schell
THAT Correspondence Item 1-24 be received for Information.
"CARRIED"
Correspondence Items D - 22 to D - 25, inclusive were received as
handouts.
Resolution #C-372-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT the Correspondence Items be approved as per the agenda,
with the exception of Items D - 2, D - 4, D - 6 to D - 21, inclusive
and D - 24.
"CARRIED"
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COMMUNICATIONS
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COPA.2001.002
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June 24, 2002
David and Cindy Bosy, requesting Council not to consider the
Courtice Highway 2 Corridor Study until such time as the study and
accompanying map are revised to include their existing property
(1690 Highway 2). They have lived on this property for almost 15
years and spent a considerable amount on renovations in hopes
that the cost could be recovered when the property was ultimately
developed for office or commercial use. They are aware of the
requirement of an environmental impact study to determine the top
of bank. They trust that the study will be funded by the Municipality
as a requirement of rezoning.
(Correspondence referred to the
Director of Planning Services)
David Staples, Orono Parade Chairman, requesting Council's
permission to hold the following annual Durham Central Fair
Parades (Orono),
1.
Elementary School Children's Parade - Friday,
September 6, 2002
2.
Fair Parade - Saturday, September 7, 2002
The Durham Central Fair is celebrating its 150th anniversary and
there will be may special events to commemorate this occasion.
(Approved provided organizers apply for
and obtain a road occupancy permit)
Otto Provenzano, President, 988925 Ontario Inc., advising Council
that he feels that Courtice would greatly benefit from extending the
downtown core east to Trulls Road. With this in mind, 988925
Ontario Inc. and Mr. Provenzano would be willing to share in the
cost to put in the services (sewers, water, etc.) needed in relation to
the frontage of 1413 King Street East (north side). Placing the
service down the middle of the road, as in the rest of Highway 2
would benefit all homes and land now and in the future. With
everyone assisting in the cost of the services, the reconstruction of
the road would be left to the Region and the Municipality of
Clarington. Incorporating the services in the road and developing
the Highway 2 as commercial property would be of great benefit for
Clarington's future.
(Correspondence referred to the
Director of Planning Services)
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June 24, 2002
Carl DeFaria, Minister of Citizenship, announcing the 2002
Ontario Medal for Good Citizenship and inviting Council to
participate in this program by nominating a deserving citizen.
The deadline for receiving nominations is July 26, 2002.
(Correspondence referred to the
Municipal Clerk to place an
advertisement in the local
newspaper)
Brian Vanstone, requesting Council's permission to close
Lownie Court, Bowmanville, to traffic on Sunday, June 30,
2002, from 1 :00 p.m. until dark. The neighbourhood has
planned a barbeque, dunk tank and a jumping castle.
(Approved provided the
organizers apply for and obtain a
road occupancy permit)
Derek Baird, requesting Council to support his rezoning application
of 1603 Highway NO.2 to permit the existing professional office use
on a permanent basis.
(Correspondence referred to the
Director of Planning Services)
Lynne Dennis, President, Port Darlington Community Association
Inc., writing on behalf of the Port Darlington Community Association
which represents 110 households of East Beach, West Beach,
Cove, Cedarcrest Beach and Watson Roads, to express their
concern and ask for assistance in regards to the matter of the
unsafe, unsightly, and they believe, unlawful storage housed on the
grounds of a firm in their area. The firm calls itself "Outside
Storage", which fronts on Port Darlington Road north of the railway
tracks, an area zoned "M2". They believe that, according to
Clarington's Industrial By-laws for an M2 zone, the operations of
this business contravene:
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Section 24.1 (b) (x): regarding outside storage of goods and
materials. Presently the business provides storage for
hundreds of rusty and new propane tanks, large propane
supply tanks, rusty dilapidated unlicensed cars, trucks, truck
trailers, junk, tent trailers, which are not "accessory and
incidental to a permitted use";
In fact, there appears to be a separate business operated
upon those premises to fill and refill propane tanks.
Hundreds are brought in and out by the truckload, and filled
from large supply tanks;
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June 24, 2002
. Section 24.3 (a): contrary to this by-law, these articles are
not "in rear or interior sideyard, no closer to a public street
than any principal structure and no closer than 1.20 metres
to rear or interior side lot line";
. Section 24.3 (b): outside storage is "in excess of 70% of total
lot area" and
. Section 24.3 (c): there is no "screening from public street".
Resolution #C-373-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D - 2 be referred to the end of the
agenda to be considered during a "closed" session of Council.
"CARRIED"
William Krywucyk, requesting permission to close Hooper Square
from 61 Hooper Square to 91 Hooper Square on July 27,2002 or
rain date of July 28, 2002, for a benefit barbeque. Tim Hick is a 29-
year old father, husband, son, brother, nephew, cousin and good
friend. On August 4, 2001, his life was changed in an instant.
While spending the weekend at his in-laws' cottage, Tim was
injured in a freak accident. He was swimming and called to his dog
Georgia. She jumped off the dock and landed on his neck,
crushing his C5 and C6 vertebrae, leaving him instantly
immobilized. Modifications to Tim, Wendy and Evan's house are
required in order for Tim to come home. Equipment needs to be
purchased that will give him independence. Unfortunately, not all of
these items are provided under OHIP or covered by insurance. A
fund raiser is being planned to help raise money to pay for these
essentials.
Resolution #C-374-02
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT the request from William Krywucyk to close Hooper Square
be approved provided the organizers apply for and obtain a road
occupancy permit.
"CARRIED"
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June 24, 2002
Bob Rantz, CAO., Town of Petawawa, advising Council that the
Town of Petawawa on June 3,2002, passed the following
resolution:
'WHEREAS the Ontario Hospital Association in its 2001
labour market survey report has indicated that:
The average age of the hospital professional workforce is 42
years; and
That approximately one-quarter of Registered Nurses,
Registered Practical Nurses and Personal Support Workers
are in the 50 - 59 year age range, with the majority of the
remaining nursing workforce in the 40 - 49 age range; and
That over 51 per cent of physicians are 50 years of age or
older, with 21 per cent over 60; and
WHEREAS the three main outcomes of human resources
shortages related to patient care are anticipated to be
emergency room overcrowding, increased waiting time for
surgeries and the inability to open new beds;
BE IT RESOLVED that the Council of the Town of Petawawa
petition the Ministers of both Health and Colleges and
Universities to put plans in place immediately to address the
anticipated labour shortage of these groups of first line health
providers; and further
THAT the Town Council of Petawawa circulate this motion to
the Council of the County of Renfrew, the M.P.P. for this
riding and other Ontario municipalities for their endorsement."
Resolution #C-375-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the resolution of the Town of Petawawa regarding the 2001
Labour Market Survey be endorsed by the Council of the
Municipality of Clarington.
"CARRIED"
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June 24, 2002
Carolyn Downs, Manager Council Support/City Clerk, City of
Kingston, advising Council that the City of Kingston on May 21,
2002, passed the following resolution being Clause 3 of Report
No. 56:
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"3. WHEREAS the Ontario Government passed Bill 140, The
Continued Protection for Property Taxpayers Act, 2000, that
results in
a mandatory tax capping scheme for commercial,
industrial and multi-residential properties, which limits
assessment-related tax increases to 5%;
assessment and taxation reforms, implemented in
1998, being delayed to perpetuity;
continuation of significant inequities in the taxation of
these properties across the province;
protection to newly constructed properties at the
expense of older properties;
unfair, inconsistent and unaccountable system of
property assessment and taxation;
certain properties to pay tax levels in excess of 100%
and, in many instances, in excess of 200% of CVA tax
(current value assessment tax rate);
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ii)
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v)
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THEREFORE BE IT RESOLVED THAT this Council urge the
Ontario Government and the Premier to either:
A) Provide the appropriate funds to each municipality to
finance the amount of foregone revenues (costs of the
capping program), as determined in accordance with
the application of the 5% limit on tax increases;
or
B) Amend the Municipal Act to change the tax-capping
scheme (5% limit on tax increases) to be a phase-in
program that will
i) be effective beginning in the 2004 taxation year and
end preferably in 3 years, but not more than 5 years;
ii)
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be a fixed annual adjustment in each year, which will
be, for increasing properties, the 2003 cap adjustment
divided by the number of years provided in the
preceding paragraph;
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June 24, 2002
ii) not include any properties that are new construction
or new to class beginning in taxation year 2004;
iv) allow municipalities to fund the program through
withholding decreases or municipal budgets;
v) require that the minimum yearly phase-in increase be
the greater of the fixed annual adjustment (ii above)
or $1,000.00, and;
vi) remove a property class from the phase-in program
when its tax ratio is within the range of fairness;
AND FURTHER THAT Council forward this resolution for
endorsement to the Association of Municipalities of Ontario
(AMO); all municipal councils through the Association of
Municipalities of Ontario's fax services; the Municipal
Finance Officers Association (MFOA); the Association of
Municipal Managers, Clerks and Treasurers of Ontario
(AMCTO);
AND FURTHER THAT the report (Report No. C118) be
attached to the resolution that is being sent to the Provincial
Government and the Association of Municipalities of Ontario,
the Municipal Finance Officers Association, the Association
of Municipai Managers, Clerks and Treasurers of Ontario
and the Association of Municipal Tax Collectors of Ontario."
Resolution #C-376-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D - 7 be received for information.
"CARRIED"
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on May 9, 2002, passed the following resolution:
"THAT Council recognize Willsona Farms as a Master
Holstein Breeder."
Glenn and Lorrie Willson, owners of Willsona Farms received their
first Master Breeders Shield in April 2002. The Master Breeder
Shield recognizes excellent breeding and maintenance of a herd of
above average animals in type and production.
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June 24, 2002
Resolution #C-377-02
Moved by Councilior MacArthur, seconded by Councillor Robinson
THAT Correspondence Item D - 8 be referred to the Mayor's office.
"CARRIED"
Sharon Wilkinson, Clerk Administrator, Township of Montague,
advising that the Township of Montague on April 16, 2002, passed
the following resolution:
"THAT this Council request the Minister of Consumer and
Business Services re-evaluate their legislation in regards to
the treatment of seniors in regards for obtaining necessary
documentation for birth certificates and other vital
documents;
WHEREAS the Township of Montague has many seniors as
ratepayers whose birth records, school records and/or
church records have been either poorly recorded or
destroyed due to age;
AND WHEREAS the legislation is excessively restrictive and
not considerate of the needs of Ontario's seniors;
NOW THEREFORE BE IT RESOLVED THAT the Council of
the Corporation of Montague respectfully request that the
legislation be changed to better reflect the current situation
of Ontario's Seniors, who have been residents and
ratepayers and voters, Council also requests that a copy of
this resolution be forwarded to the Minister of Health, as their
requirements in regards to requirements for health cards and
other vital health documentation is also restrictive to
Ontario's seniors."
Resolution #C-378-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Correspondence Item D - 9 be received for information.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D - 10
F11.GE
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June 24, 2002
Grace Moores, Hampton Citizens Association, requesting Council
to help fund their upcoming 3rd annual Family Fun Day in Hampton
on September 14, 2002. The Hampton Citizens Association has
been active as a community enhancement committee since May
1999. Their primary events for this year are the Pond Recovery
Project (on-going), Community Harvest Dance and their Family Fun
Day. This year they will not be receiving funding from their
previous local sources and feel in danger of losing the event or
having to charge much larger fees for all activities and food.
Resolution #C-379-02
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Correspondence Item D - 10 be received for information;
THAT the Hampton Citizens Association be advised of the
Municipality's Grant Policy;
THAT Correspondence Item D - 10 be referred to the
Communications and Tourism Office; and
THAT Grace Moores be advised of Council's decision.
"CARRIED"
Sandra Kranc, City Clerk, City of Oshawa, advising Council that the
City of Oshawa on June 10, 2002, passed the following resolution:
"1. THAT the delegation of Brad Levantis, Commander,
City of Oshawa Marine Rescue Association (COMRA)
be received for information and that City Council
support COMRA's initiative on securing sources of
funding from affected municipalities;
2.
THAT a working Committee be struck to participate in
discussions with COMRA concerning vessel
replacement and that a representative from City
Council, Fire Services, affected municipalities, the
Region of Durham, Durham Regional Police Services
and the Federal Government be requested to
participate; and
3. THAT COMRA make representation to the Durham
Regional Police Service for input."
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COMMUNICATIONS
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June 24, 2002
Resolution #C-380-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item D - 11 be received;
THAT Correspondence Item D - 11 be referred to the Director of
Emergency Services to investigate the working committee
referenced in the correspondence; and
THAT a representative of COMRA be invited to attend a future
Council meeting to provide a presentation regarding COMRA's
initiative.
"CARRIED"
Barbara L. Sampson, Clerk, Town of Minto, advising Council that
the Town of Minto passed the following resolution:
"WHEREAS the Council of the Town of Minto perceive there
to be an unhealthy reduction in the fish and bait fish
population of our streams and rivers;
AND WHEREAS the harvest statistics confirm the increase
in bait fish harvest;
AND WHEREAS there are no quotas in a self-regulated bait
fish harvest resulting in suspected violation of the intended
guardianship of our streams and rivers;
AND WHEREAS there is a prime concern that the
inappropriate bait fish harvest is jeopardizing the future
population;
THEREFORE BE IT RESOLVED THAT the Council of the
Town of Minto request the Minister of Natural Resources
review and address the existing licensing and monitoring
legislation and procedure to result in an increase in fish
population in rural streams and rivers;
AND IT IS FURTHER RECOMMENDED THAT:
1.
A restricted bait fish harvest be implemented to
control timing, licensee, quotas and area;
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Council Minutes
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June 24, 2002
AND IT IS FURTHER RECOMMENDED THAT:
1. A restricted bait fish harvest be implemented to
control timing, licensee, quotas and area;
2. Reduce the number of bait fish allowed per angling
license to three dozen in your possession;
3. The Ministry of Natural Resources increase their
monitoring and enforcement control throughout the
Province;
4. The "transfer of live fish" section in the regulations be
strictly enforced;
AND FURTHER THAT a copy of this resolution be sent to all
member municipalities of A.M.O."
Resolution #C-381-02
Moved by Councillor Rowe, seconded by Councillor Trim
THAT Correspondence Item D -12 be referred to the Conservation
Authorities.
"CARRIED"
Louise Gartshore, City Clerk, City of Woodstock, advising Council
that the City of Woodstock on June 6, 2002, passed the following
resolution:
"WHEREAS the Ontario minimum wage rate is below the
Low Income Cut-Off (L1CO) set by the Federal Government;
and
WHEREAS minimum wage workers are primarily adults and
women; and
WHEREAS the "double cohort" of high schools will graduate
in 2003; and
WHEREAS the minimum wage rate has been frozen since
1995 in Ontario; and
WHEREAS some corporations make billions of dollars in
profits, while paying a poverty wage; and
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June 24, 2002
WHEREAS an increase has only marginal effects on
employment; and
WHEREAS raising the minimum wage rate would have
beneficial effects on the economy though increased
consumer spending;
THEREFORE be it resolved that the Government of Ontario
increase the minimum wage to $8.00 per hour; and
BE IT FURTHER THAT the Government of Ontario index the
minimum wage to the Consumer Price Index yearly; and
BE IT FURTHER RESOLVED THAT Woodstock Municipal
Council forward this resolution to all municipalities in Ontario
requesting their support."
Resolution #C-382-02
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT the resolution of the City of Woodstock requesting the
Province of Ontario to increase the minimum wage be endorsed by
the Council of the Municipality of Clarington.
"CARRIED"
Norman K. Kyle, CAO, Corporation of the Township of Smith-
Ennismore-Lakefield, providing Council with a copy of a letter that
the Township of Smith-Ennismore-Lakefield sent to the Honourable
Bob Runciman, Minister of Public Safety and Security regarding
Public Fire Safety Guideline 04-08-12, December 2001 and March
2000. Mr. Kyle is requesting Council's support of their request.
Resolution #C-383-02
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Correspondence Item D - 14 be referred to the Director of
Emergency Services.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D - 15
M02.GE
D - 16
M02.GE
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June 24, 2002
Carl DeFaria, Minister of Citizenship, requesting Council to
participate in the 2002 Senior Achievement Award Program by
nominating a deserving senior. The deadline for receiving
nomination forms is July 12, 2002. The province will recognize 20
individuals at a ceremony to be held this fall. This year, the Senior
Achievement Awards will once again highlight the significant
voluntary or professional achievements made by individuals after
they have reached the age of 65.
Resolution #C-384-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT Correspondence Item D -15 be referred to the Clarington
Older Adults Association.
"CARRIED"
Anna Halkidis, Traffic Safety Co-ordinator, Public & Government
Affairs, CAA Central Ontario, requesting Council to promote the
Traffic Safety Officer of the Year Award. The award recognizes the
officer's dedication to ensuring the safety of the citizens living in
their communities, through their commitment to traffic safety
programs. They would like to make all police jurisdictions and their
communities aware of the awards. Police officers make a huge
contribution to ensure our safety. Deadline for nominations is
August 31,2002.
Resolution #C-385-02
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Corres~ondence Item D - 16 be referred to Inspector
Cameron, 161 Division, Durham Regional Police.
"CARRIED"
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COMMUNICATIONS
D - 17
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June 24, 2002
Andrea Rivest, Town Clerk, the Corporation of the Town of
Lakeshore, advising Council that the Town of Lakeshore on
May 13, 2002, passed the following resolution:
"WHEREAS the Tile Drainage Act empowers municipalities
to pass by-laws authorizing the borrowing of money from the
Treasurer of Ontario for the purpose of lending money for
the construction of drainage works and the issuance of
debentures by municipalities on its behalf;
AND WHEREAS interest rate assessed by the Province on
tile loans have remained consistent at 8% for a considerable
length of time irrespective of significant reductions in interest
rates which have occurred over the years;
AND WHEREAS other Provincially-funded initiatives
administered by municipalities have lesser interest rates
attributable to various programs (i.e. Shoreline Property
Assistance Loans);
AND WHEREAS the agricultural community has
experienced significant hardships over the past several
years and has been supplemented through various
Government initiatives;
AND WHEREAS the Tile Drainage Act specifies that the
interest rates applicable to debentures, both before and after
maturity issued under the Act shall be determined from time
to time by the Lieutenant Governor in Council;
AND WHEREAS it is deemed necessary and advisable in
the interests of equality and welfare to the farming
community in the Province of Ontario to evaluate and reduce
the interest rates assessed to loans administered under the
Tile Drainage Act to a more equitable and reasonable rate;
NOW THEREFORE BE IT RESOLVED that the Corporation
of the Town of Lakeshore requests that the Province of
Ontario reduce the interest rate assessed on loans
administered under the Tile Drainage Act to a more
equitable rate;
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June 24, 2002
AND FURTHER, that a copy of this resolution be circulated
to all municipalities in Ontario for their support, to the
Minister of Agriculture, Food and Rural Affairs, as well as, to
our member of Provincial parliament."
Resolution #C-386-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution of the Corporation of the Town of Lakeshore
regarding tile loan interest rates be endorsed by the Council of the
Municipality of Clarington; and
THAT a copy of the correspondence be forwarded to the Clarington
Agricultural Advisory Committee and the Durham Agricultural
Advisory Committee.
"CARRIED"
Jack Layton, Immediate Past President, Federation of Canadian
Municipalities, requesting Council to purchase the Exploring
Harmony Educational Resource Kit based on the contents of the
national exhibition. The kit addresses such diversity issues as race
and ethnicity, class, family, gender, age, ability and regionalism.
The cost of the kit is $200.00.
Resolution #C-387-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item D - 18 be received for information.
"CARRIED"
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on June 13, 2002, passed the following resolution:
"WHEREAS the protection of Ontario's water resources
including groundwater and surface water is very important
and that confidence in our drinking water must be regained;
WHEREAS the agricultural community is equally concerned
about the quality of Ontario's groundwater, surface water
and drinking water resources;
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June 24, 2002
WHEREAS the agricultural community is under extreme
financial pressure and that the cost of protecting Ontario's
water resources shall not fall solely on the agricultural
community;
NOW THEREFORE BE IT RESOLVED that the Clarington
Agricultural Advisory Committee invites government and
government agencies to initiate a program that will make
available financial incentives to the agricultural community in
Durham Region, sharing the cost of those improvements that
will help protect Ontario's water resources; and
THAT Council be requested to endorse this resolution and
forward this resolution to the Region of Durham, all local
municipalities within Durham Region, all Conservation
Authorities within Durham Region, Durham Agricultural
Advisory Committee, Durham Watershed Stewardship
Council, The Ministry of Agriculture and Food, Durham
Federation of Agriculture, Christian Farmers' Federation of
Ontario, John O'Toole, MPP, Jerry Oullette, MPP,
Honourable Jim Flaherty, MPP, Honourable Janet Ecker,
MPP, and Julia Munro, MPP."
Resolution #C-388-02
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution of the Clarington Agricultural Advisory
Committee regarding the protection of Ontario's water resources be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on June 13,2002, passed the following resolution:
''THAT Clarington take the initiative and make a proactive
approach and erect slow moving farm vehicle signs on
Clarington's Roads."
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COMMUNICATIONS
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June 24, 2002
Resolution #C-389-02
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the resolution of the Clarington Agricultural Advisory
Committee regarding slow moving farm vehicles be endorsed by
the Council of the Municipality of Clarington.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-390-02
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the foregoing Resolution #C-389-02 be amended by adding
the following thereto:
''THAT Correspondence Item D - 20 be copied to the
Regional Municipality of Durham to ensure consistency in
the erection of signs throughout the Region."
"CARRIED"
The foregoing Resolution #C-389-02 was then put to a vote and
"CARRIED AS AMENDED."
Resolution #C-391-02
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Correspondence Item D - 21 be referred to the end of the
agenda to be considered during a "closed" session of Council.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D-24
REPORTS
Report #1
G.PA Report
June 17, 2002
- 28-
June 24, 2002
Carl DeFaria, Minister Responsible for Seniors, requesting Council
to proclaim the month of June as Seniors' Month in Ontario. The
theme of this year's celebration is "Learning for Life."
Resolution #C-392-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT the request from Carl DeFaria, Minister Responsible for
Seniors to proclaim the month of June as Seniors' Month be
approved.
"CARRIED"
Resolution #C-393-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT the actions taken by the General Purpose and Administration
Committee on June 17, 2002, be approved with the exception of
Item #7 of Report #1.
"CARRIED"
Mayor Mutton disclosed a pecuniary interest with respect to Item #7
of Report #1, and refrained from discussion and voting on the
subject matter. Mayor Mutton's father is employed by the applicant.
Councillor Trim chaired this portion of the meeting.
Resolution #C-394-02
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report PSD-066-02 be received;
THAT Amendment No. 28 to the Clarington Official Plan to permit a
parking lot in association with an existing motor vehicle sales
establishment be adopted, and that the necessary by-law be
passed;
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Council Minutes
REPORTS
Report #2
- 29-
June 24, 2002
THAT the rezoning application to permit a parking lot in association
with an existing motor vehicle sales establishment be approved,
and that the necessary by-law be passed;
THAT a copy of Report PSD-066-02 be forwarded to the Region of
Durham; and
THAT all interested parties listed in Report PSD-066-02 and any
delegation be advised of Council's decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Recorded Vote
Declaration of
Pecuniary
Council Member Yea Nay Interest Absent
Councillor MacArthur X
Councillor Pingle X
Councillor Robinson X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Mayor Mutton X
Mayor Mutton reassumed the chair.
Resolution #C-395-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report EGD-36-02 be received;
THAT Part 14, Plan 10R-3804, being lands set out for a road
widening on Haines Street be open and dedicated as public
highway (Attachment #1 to Report EGD-36-02);
THAT Part 17, Plan 10R-3804, being a one foot reserve on Haines
Street be lifted and Part 17, Plan 10R-3804 be open and dedicated
as public highway (Attachment #1 to Report EGD-36-02);
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Council Minutes
REPORTS
Report #3
- 30-
June 24, 2002
THAT Staff be authorized to advertise a public hearing, as required
by the Municipal Act, to open, dedicate and assume Parts 14 and
17, Plan 1 OR-3804 as public highway;
THAT, provided no objections are registered, Council pass the
appropriate proposed by-laws to open, dedicate and assume Parts
14 and 17, Pan 10R-3804;
THAT, if following the public hearing, Council approves the by-law
to open, dedicate and assume Parts 14 and 17, Plan 10R-3804 as
public highway, the Mayor and Clerk be authorized to execute the
necessary documents to complete the transaction; and
THAT Mr. David Clark, Solicitor, Ontario Independent
Crematoriums, be advised of Council's decision.
"CARRIED"
Resolution #C-396-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Council approve the request made by Claret Investments
Ltd. And 1361189 Ontario Limited (collectively the "Owner") that
Council exercise the Municipality's rights under paragraph 2.16 of
the Subdivision Agreement between the Municipality, Macourtice
Developments Inc. and Canada Trustco Mortgage Company dated
September 3, 1991, and registered in the Land Registry Office as
Instrument No. NL34844 to exercise an Option to Purchase the
Future Detention Pond Site as Part 1 on Plan 40R-13921 subject to
the Owner entering into an agreement with the Municipality
satisfactory to the Director of Planning Services to indemnify the
Municipality against all costs associated with the exercise of the
Option to Purchase and complete the resulting contract of purchase
and sale, as more particularly described in the letter from the
Municipality's Solicitor to the Owner dated June 18, 2002,
contained in Attachment 2 to Report PSD-074-02;
THAT Council authorize the Mayor and Municipal Clerk on behalf of
the Municipality of Clarington to enter into the agreement with the
Owner which is referred to in the recommendation above;
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Council Minutes
REPORTS
Report #4
Report #5
- 31 -
June 24, 2002
THAT Council pass a by-law to authorize the Mayor and Municipal
Clerk on behalf of the Municipality of Clarington to exercise the
Option to Purchase the Future Detention Pond Site shown as Part
1 on Plan 40R-13921 from Macourtice Developments inc. in
accordance with paragraph 2.16 of the Macourtice Subdivision
Agreement;
THAT all interested parties listed in Report PSD-074-02 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #C-397 -02
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report PSD-075-02 be received;
THAT the Mayor and Clerk be authorized on behalf of the
Municipality to execute a Development Agreement between Ridge
Pine Park Inc. and the Municipality of Clarington which provides
among other things for the transfer of lands for the Waterfront Trail
that have certain interests and encumbrances registered against
said lands;
THAT the by-law attached to Report PSD-075-02 be approved by
Council; and
THAT all interested parties listed in Report PSD-075-02 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #C-398-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report COD-36A-02 be received;
THAT a sponsorship of $500.00 be approved to support the
Courtice High School Electric Car program.
"CARRIED"
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Council Minutes
REPORTS
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June 24, 2002
Resolution #C-399-02
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Confidential Report PSD-076-02 regarding a legal matter,
Confidential Verbal Report from the Director of Corporate Services
regarding a legal matter and Confidential Report FND-011-02
regarding a legal matter be referred to the end of the agenda to be
considered during a "closed" session of Council.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-400-02
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Addendum to Report CLD-017-01 be received;
THAT Report CLD-017-02 be received;
THAT the Council procedures be amended to allow for individuals
who contract the Municipal Clerk's Department by 5:00 p.m. Friday
to appear as a delegation at the following Committee or Council
meeting;
THAT the appropriate by-law, included as Attachment NO.2 to the
Addendum to Report CLD-017-01, be forwarded to Council for
approval; and
THAT all interested parties and any delegations be advised of
Council's decision.
"CARRIED"
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June 24, 2002
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-401-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-073-02 be received for information;
THAT Addendum Report PSD-073-02 be received;
THAT the request for removal of Part Lot Control with respect to
Lots 1 to 44 inclusive, on Plan 40M-1994 be approved and that the
attached Part Lot Control By-law be passed pursuant to Section
50(7.1) of the Planning Act;
THAT prior to applicant's depositing the reference plans for Lots 9
to 44 on title, the Owner is to submit said plans for the review and
approval of the Municipality; and
THAT all interested parties listed in Addendum to Report
PSD-073-02, any delegations and the Regional Municipality of
Durham Planning Department be advised of Council's decision.
"CARRIED"
By-laws 2002-096 and 2002-097 were considered later in the
meeting. (see page 36)
Resolution #C-402-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT leave be granted to introduce By-laws 2002-098 to
2002-121, inclusive, and that the said by-laws be now read a first
and second time:
2002-098 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle (Tunney Planning Inc.)
2002-099 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle (Orchard Park Estates
(Bowmanville) Inc.)
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Council Minutes
BY-LAWS
- 34-
June 24, 2002
2002-100 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle (George Smith)
2002-101 being a by-law to exempt a certain portion of
Registered Plan 40M-1994 from Part Lot Control
(1441660 Ontario Inc.)
2002-102 being a by-law to authorize entering into an
Agreement with the Owners of Plan of Subdivision S-
C-2001-003 and any Mortgagee who has an interest
in the said lands, and the Corporation of the
Municipality of Clarington in respect of S-C-2001-003
2002-103
being a by-law to authorize entering into an
Agreement with the Owners of Plan of Subdivision
18T-99007 and any Mortgagee who has an interest in
the said lands, and the Corporation of the Municipality
of Clarington in respect of 18T-99007
2002-104
being a by-law to authorize entering into an
Agreement with the Owners of Plan of Subdivision
18T -87034 and any Mortgagee who has an interest in
the said lands, and the Corporation of the Municipality
of Clarington in respect of 18T -87034
2002-105 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Town of Newcastle
2002-106 being a by-law to authorize the execution of a Lease
Agreement between the Corporation of the
Municipality of Clarington and Clarington Kids Inc. in
respect of a lease for space located in the Courtice
Community Complex, Courtice, Ontario
2002-107 being a by-law to authorize the execution of an Offer
to Lease Agreement between the Corporation of the
Municipality of Clarington and the Bethesda House of
Mercy, in respect of a lease for the premises situated
at 150 Port Darlington Road, Bowmanville, Ontario
2002-108
being a by-law to authorize the execution of an
agreement with S-N Diesel for the lease of one transit
bus to be used within the Municipality of Clarington
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Council Minutes
BY-LAWS
- 35-
June 24, 2002
2002-109
being a by-law to establish rates and fares to be
charged by the operator(s) of the Clarington Transit
Service within the Municipality of Clarington
2002-110
being a by-law to establish certain lands as public
highways in the Municipality of Clarington
2002-111
being a by-law to establish certain lands as public
highways and to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2002-112
being a by-law to establish certain lands as public
highways and to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2002-113 being a by-law to authorize the execution by the
Mayor and Clerk of an Automatic Aid Agreement with
the City of Oshawa to respond to Highway 401 for
emergencies
2002-114 being a by-law to amend By-law 95-55, a by-law to
govern the proceedings of the Council of the
Municipality of Clarington, any of its Committees, the
conduct of its Members, and the calling of meetings
2002-115 being a by-law to exempt a certain portion of
Registered Plan 40M-1994 from Part Lot Control
2002-116 being a by-law to appoint Members of the Clarington
Traffic Management Committee for the Municipality of
Clarington
2002-117 being a by-law to authorize the entering into a
Development Agreement with Ridge Pine Park Inc.
and any Mortgagee who has an interest in the said
lands and the Municipality of Clarington in respect of
the development of Phase 6 of the Wilmot Creek
Community
2002-118
being a by-law to approve the maintenance and
operation of the public bus transportation system by
the City of Oshawa within the Bowmanville Area of
the Municipality of Clarington
.
.
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Council Minutes
BY-LAWS
- 36-
June 24, 2002
2002-119 being a by-law to Adopt the Estimates of all Sums
Required during the year and to Strike the Rates of
Taxation for Municipal Purposes for the Year 2002
2002-120 being a by-law to approve the exercise of an Option to
Purchase of Part 1 on Plan 40R-13921 by the
Municipality of Clarington (Report PSD-074-02)
2002-121 being a by-law to authorize the execution of an
agreement on behalf of the Municipality of Clarington,
Claret Investments Ltd. and 1361189 Ontario Limited
respecting costs associated with the exercise of an
Option to Purchase by the Municipality Part 1 on Plan
40R-13921 (Report PSD-074-02)
"CARRIED"
Mayor Mutton disclosed a pecuniary interest with respect to
By-laws 2002-096 and 2002-097, and refrained from voting on the
subject by-laws. Mayor Mutton's father is employed by the
applicant.
Councillor Trim chaired this portion of the meeting.
Resolution #C-403-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2002-096, being a
by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington and that the
said by-law be now read a first and second time.
"CARRIED"
Resolution #C-404-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2002-097, being a
by-law to adopt Amendment No. 28 to the Clarington Official Plan
and that the said by-law be now read a first and second time.
"CARRIED"
.
Council Minutes
- 37-
June 24, 2002
BY-LAWS
Mayor Mutton reassumed the chair.
Resolution #C-405-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the third and final reading of By-laws 2002-096 to 2002-121,
inclusive, be approved.
"CARRIED"
OTHER BUSINESS
Resolution #C-406-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT the delegation of Peter Watson be received with thanks.
. "CARRIED"
Regional Update Resolution #C-407 -02
Moved by Councillor MacArthur, seconded by Councillor Robinson
WHEREAS the Region of Durham has recently passed the
Financial Business case for a new consolidated Regional
Administrative Headquarters;
WHEREAS the primary responsibility of the Council of the Region
of Durham is to exercise due diligence in expenditure of taxpayers
resources;
WHEREAS the construction and associated costs in the projected
new building will exceed the existing annual expenditure of funds
for leasing of facilities;
WHEREAS the future role and responsibilities of the Region is not
defined;
.
WHEREAS a sitesearch looking at innovative proposals has not
been explored;
WHEREAS the economic impact of removing Regional facilities out
of their current location is unknown;
.
.
.
Council Minutes
OTHER BUSINESS
Board and
Committee
- 38-
June 24,2002
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Municipality of Clarington does not support proceeding with a new
Regional Headquarters based on the current Financial Business
Case; and
THAT this resolution be copied to all Durham Municipalities, the
Region of Durham and all Durham MPP's."
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Recorded Vote
Declaration of
Pecuniary
Council Member Yea Nav Interest Absent
Councillor MacArthur X
Councillor Pingle X
Councillor Robinson X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Mayor Mutton X
Councillor Trim advised Council that he attended a Health and
Social Services Committee Meeting on June 6, 2002, regarding
Canada/Ontario Affordable Housing Program. Councillor Trim
indicated that 500 units may be available for the Region of Durham.
Councillor MacArthur advised Council that the Bowmanville
Museum will be holding a Canada Day Celebration starting at
11 :00 a.m., July 1, 2002.
Councillor Robinson invited all Members of Council to the Kendal
Fun Day being held on July 20th and wished staff a good summer.
Councillor Rowe advised Council that the Protect the Ridges results
have been received and that an information session has been
scheduled for Thursday, June 27, 2002, at 6:30 p.m. at the Region
of Durham Health Department.
.
.
.
Council Minutes
OTHER BUSINESS
COMMUNICATIONS
D-2
P01.GE
- 39-
June 24, 2002
Councillor Schell advised that the Bowmanville BIA had a
successful Fabulous 50s Street Sale that was well attended.
Councillor Trim advised Council that at the regular Health and
Social Services Meeting members were updated regarding the
Sound-Sorb Berm. Councillor Trim thanked the Operations
Department for their work at the Visual Arts Centre. They have
been removing beams and replacing the roof of the storage area
that has been used by the Baseball Association for years.
Mayor Mutton advised Council that the luncheon with Bob Rae was
very informative and Mr. Rae expressed great appreciation of the
community with regards to the Iter Project. The Mayor also advised
that on June 26, 2002, there will be an opening ceremony for
Hunter's Bridge.
Resolution #C-408-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Council recess for 10 minutes after which time the meeting
be "closed" to consider Correspondence Item D - 2 regarding a
legal matter, Correspondence Item D - 21 regarding a personnel
matter, Confidential Reports PSD-076-02, FND-011-02 and a
Confidential Verbal Report from the Director of Corporate regarding
legal matters.
"CARRIED"
Lynne Dennis, President, Port Darlington Community Association
Inc., writing on behalf of the Port Darlington Community Association
which represents 110 households of East Beach, West Beach,
Cove, Cedarcrest Beach and Watson Roads, to express their
concern and ask for assistance in regards to the matter of the
unsafe, unsightly, and they believe, unlawful storage housed on the
grounds of a firm in their area. The firm calls itself "Outside
Storage", which fronts on Port Darlington Road north of the railway
tracks, an area zoned "M2". They believe that, according to
Clarington's Industrial By-laws for an M2 zone, the operations of
this business contravene:
.
.
.
Council Minutes
COMMUNICATIONS
OTHER BUSINESS
- 40-
June 24, 2002
. Section 24.1 (b) (x): regarding outside storage of goods and
materials. Presently the business provides storage for
hundreds of rusty and new propane tanks, large propane
supply tanks, rusty dilapidated unlicensed cars, trucks, truck
trailers, junk, tent trailers, which are not "accessory and
incidental to a permitted use";
. In fact, there appears to be a separate business operated
upon those premises to fill and refill propane tanks.
Hundreds are brought in and out by the truckload, and filled
from large supply tanks;
. Section 24.3 (a): contrary to this by-law, these articles are
not "in rear or interior sideyard, no closer to a public street
than any principal structure and no closer than 1.20 metres
to rear or interior side lot line";
. Section 24.3 (b): outside storage is "in excess of 70% of total
lot area" and
. Section 24.3 (c): there is no "screening from public street".
Resolution #C-409-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D - 2 be referred to the Chief
Administrative Officer, the Director of Planning Services and the
Senior Municipal Law Enforcement Officer.
"CARRIED"
Resolution #C-41 0-02
Moved by Councillor Pingle, seconded by Councillor Trim
THAT the actions taken during the "closed" session of Council be
ratified with the exception of those actions related to the
Confidential Verbal Report of the Director of Corporate Services.
"CARRIED"
.
.
.
Council Minutes
OTHER BUSINESS
- 41 -
June 24, 2002
Resolution #C-411-02
Moved by Councillor Schell, seconded by Councillor Robinson
WHEREAS the Council of the Municipality of Clarington is
concerned that the proposed Co-Gen project being considered by
the Veridian Board of Directors may impose substantial risk on the
Municipality of Clarington as a Veridian shareholder;
WHEREAS the due diligence exercise by the Board of Directors
imposed maximum limits of acceptable risk and exposure for the
project, which have been exceeded;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Municipality of Clarington declares that it is not in support of
proceeding with the Co-Gen project;
THAT the Council of the Municipality requests that the Veridian
Board of Directors receive this resolution of Council and record in
its minutes, the Municipality's request that the project not be
approved, as the position taken by the Municipality;
THAT the Shareholder's representatives be requested to support
Clarington's position; and
THAT the Shareholder Municipalities be advised of Council's
decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Recorded Vote
Council Member
Yea Nav
Declaration of
Pecuniary
I nte rest Abse nt
Councillor MacArthur X
Councillor Pingle X
Councillor Robinson X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Mavor Mutton X
.
.
.
Council Minutes
- 42-
June 24, 2002
CONFIRMING BY-LAW
ADJOURNMENT
Mayor Mutton stated a pecuniary interest earlier in the meeting,
vacated his chair and refrained from voting on the confirming
by-law.
Councillor Trim chaired this portion of the meeting.
Resolution #C-412-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2002-122 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 24th day of June 2002,
and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-413-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the third and final reading of By-law 2002-122 be approved.
"CARRIED"
Mayor Mutton reassumed the chair.
Resolution #C-414-02
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the meeting adjourn at 10:55 p.m.
"CARRIED"