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HomeMy WebLinkAbout10/07/2002 ....._~ . . .- Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON October 7, 2002 Minutes of a regular meeting of Council held on October 7, 2002, at 11 :15 a.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 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 Director of FinancelTreasurer, N. Taylor Confidential Secretary to the Municipal Clerk, H. Keyzers Deputy Clerk, M. Knight Stanley DISCLOSURES OF PECUNIARY INTEREST Councillor Robinson indicated that he would be disclosing a pecuniary interest with respect to Report PSD-101-02. Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Correspondence Items I - 1 and D - 6. . . . Council Minutes MINUTES ANNOUNCEMENTS -2- October 7,2002 Resolution #C-527 -02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on September 30, 2002, be approved with the following amendment: "replace the date of September 2, 2002 with September 27, 2002 on page 2". "CARRIED" Mayor Mutton advised Council that a report is being written by the Clerk's Department regarding two parking enforcement officers being hired by Valiant Properties to provide parking assistance at the Clarington Mall. Mayor Mutton advised Council that the Operations Department along with summer school student Lindsay Tallent rescued a youngster from drowning. Mayor Mutton commended Ms. Tallent, who was in the Council Chambers, for her bravery. COMMUNICATIONS 1-2 C06.CL 1-4 E05.GE Resolution #C-528-02 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items 1- 1, I - 3, I - 7 and I - 8. "CARRIED" Minutes of the Central Lake Ontario Conservation Authority meeting dated September 17, 2002. (Received for Information) John O'Toole, MPP, Durham, forwarding to Council a copy of a letter from The Honourable Chris Stockwell describing how the Ministry promotes Integrated Pest Management (IPM) in a number of areas, including work with provincial and federal partners in the Healthy Lawns initiative. (Received for Information) . Council Minutes - 3 - October 7, 2002 COMMUNICATIONS 1- 5 C07.GE Ministry of Municipal Affairs and Housing, providing Council with proposed amendments to the Municipal Elections Act as follows: . Extending the time between nomination day and election day from 31 to 45 days to ensure alternative voting is properly facilitated; . Clarifying eligibility of time-share owners to vote in municipal elections. Such owners would be eligible to vote only if they were eligible to occupy the premises for at least six weeks a year, or to occupy them on election day; . Providing for the suspension without pay of sitting councillors who do not file the required financial statements by the deadline. If after 91 days they still have not filed, they would be removed from office; and . Allowing candidates to file election finance documents electronically. Regulations will be developed that would: . . Raise the filing fee from $100 to $200 for head of council; and Raise the per-elector amount candidates can spend on their campaigns from .50 cents to .70 cents per elector, and raise the base amount to $7,500 for heads of council and to $5,000 for others. The change reflects the increase in the Consumer Price Index since 1988, when the current limit was established. . (Received for Information) 1-6 A01.FE Federation of Canadian Municipalities (FCM), advising Council that the Speech from the Throne breaks new ground by recognizing the role that municipal governments play in improving the quality of life for Canadians by helping to build stronger communities, be they urban, rural or northern. For the first time, the Government of Canada has signaled important policy shifts: it acknowledged responsibility for urban aboriginals and its intention to work with Canada's municipalities to help with the settlement of immigrants. One of FCM's core recommendations, for a long-term infrastructure program, was also included in the Speech. The Speech confirms the government's intention to ratify the Kyoto Protocol and also commits to doubling Canada's aid budget with a particular focus on Africa. . (Received for Information) . . . Council Minutes COMMUNICATIONS I - 1 C06.ST 1-3 C06.CL 1-7 L 11.GE -4- October 7, 2002 Councillor Schell stated a pecuniary interest with respect to Correspondence Item I - 1; and refrained from discussion and voting on the subject matter. Councillor Schell's employer is St. Mary's Cement, a member of the Aggregate Producers Association of Canada. Minutes of the St. Marys Cement Community Relations Committee meeting dated May 28, 2002. Resolution #C-529-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I -1 be received for information. "CARRIED" Minutes of the Clarington Traffic Management Advisory Committee meeting dated August 15, 2002. Resolution #C-530-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 3 be received for information. "CARRIED" Allan Rock, Minister of Industry and Minister responsible for Infrastructure, responding to our correspondence seeking financial support from the Canada Strategic Infrastructure Fund (CSIF). He advises Council that the Government of Canada is committed to providing a minimum of $2 billion to large-scale strategic infrastructure projects in Canada. The new program will invest in the following areas: highway and rail infrastructure; local transportation infrastructure; tourism and urban development infrastructure; sewage treatment infrastructure; water infrastructure; and broadband technology infrastructure. . . . Council Minutes COMMUNICATIONS 1-8 E05.GE D-3 -5- October 7, 2002 On August 9, 2002, Mr. Rock officially announced the parameters of the CSIF, and officials were mandated to finalize discussions with potential partners with a view to identifying large-scale infrastructure projects quickly. Resolution #C-531-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-7 be received for information. "CARRIED" Chris Conti, Executive Director, Friends of Second Marsh, thanking Council for their ongoing support and providing a copy of their Fall 2002 newsletter, Wetlands & Wildlife. Resolution #C-532-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-8 be received for information. "CARRIED" Resolution #C-533-02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 1, D - 2, and D - 4 to D - 7, inclusive. "CARRIED" Blair Walters, President, Board of Directors, Durham Children's Aid Society, requesting Council to proclaim the month of October 2002 as "Child Abuse & Neglect Prevention Month". It was started by the Independent Order of Foresters to draw attention to and raise awareness of the problem of child abuse. Durham Children's Aid Society initiated a Purple Ribbon Campaign, held during this month, in 1992. Since that time, the use of the purple ribbon as a symbol has been adopted by 42 provincial children's aid societies. (Proclaimed) . Council Minutes -6- October 7, 2002 COMMUNICATIONS D - 1 M02.GE F11.GE M. Karen Beer, providing Council with a petition from Richfield Square residents requesting the installation of a sidewalk on the north side of Nash Road between Richfield Square and Fourth Avenue. This September since school has been in session, the volume of traffic, both motor and pedestrian has been rapidly increasing and dangerous to young people during peak school times. In order for children to cross busy Nash Road they must either cross at the four corners of Trulls Road and Nash or at the cross walk located at the corner of Fourth Avenue. The municipality provides crossing guards at the corner of Trulls and Nash on the south side travelling east to west, and west side travelling north to south. Also at Fourth Avenue traveling north to south only. Since there is no sidewalk on the north side of Nash Road from the corner of Trulls to Fourth Avenue, the children and parents are forced to cross the road illegally, or attempt to maneuver around cars at the four corners before getting to a safe point where the children can walk out of danger. The other option is to walk along the frontage of the homes located on the north side of Nash Road in front of the school, where there are no sidewalks. . Resolution #C-534-02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence referred to the Director of Engineering and the Director of Planning Services. "CARRIED" D-2 Christine Hartman, advising Council that she had sent a proposal for traffic lights at the intersection of Courtice and Nash Road back in March. Ms. Hartman states that the sightline issues are the very least of area residents concerns. This is a problem, however, the speed of traffic and the erratic drivers in this area are of more concern. There is a crossing guard at the corner of Moyse Drive and Courtice Road just south of Nash Road. Ms. Hartman has watched in horror as cars have driven past at incredible speeds while the crossing guard is standing in the road with her stop sign. Why is this not a mandatory stop crosswalk with flashing lights? A set of lights at Nash Road would certainly help in controlling the flow of traffic in order to cross at the south crossing. Stop signs however would make it harder to cross because the flow of cars would be constant and at steady intervals. For the safety of all, please grant traffic lights at this intersection and a mandatory stop crosswalk at the Moyse intersection. . . . . Council Minutes COMMUNICATIONS D-4 D-5 C10.MO - 7- October 7, 2002 Resolution #C-535-02 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Item D - 2 be referred to the Director of Engineering. "CARRIED" Sue Kojic, Fundraising Chair, Newcastle Family Connection, requesting Council to waive the fees for their event being held at Memorial Park, Newcastle on October 1, 2002. Newcastle Family Connections is a non-profit registered charitable organization that has been serving the community for over 11 years. They are a family resource centre located on Mill Street in Newcastle and they operate a drop-in centre for parents/caregivers and their children. Due to a huge demand, they are currently expanding their programs to reach the outlining areas, increasing the size of their toy and book lending library and creating early literacy kits that will not only be available to their parents, but to the schools as well. Resolution #C-536-02 Moved by Councillor Schell, seconded by Councillor Pingle THAT the request from Sue Kojic requesting the fees be waived for the Newcastle Family Connection event held on October 1, 2002, be denied; and THAT Sue Kojic be advised of the Municipality's grant policy. "CARRIED" Clerk, County of Brant, advising Council that the County of Brant on September 17, 2002, passed the following resolution: 'WHEREAS the Province has stated their commitment to implement the recommendations of the Walkerton Inquiry, Part 2; AND WHEREAS recommendations 59 through 64 are specific to matters related to licensing, and training of individual operators of water treatment and distribution facilities; . . . Council Minutes COMMUNICATIONS -8- October 7,2002 AND WHEREAS the recommendations describe that: a) it is mandatory that all persons who perform operational duties in water treatment and distribution facilities be certified; b) education, examination and experience are essential components of ensuring competency to obtain certification; c) continuous training and examination will be a requirement to maintain certification; d) the level of certification required will be dependent upon the complexity of the water treatment and distribution systems operated; e) the Ministry of the Environment will take a lead role in establishing the requirements for the certification of operators and in ensuring the availability of an array of courses on the subjects required to train the operators; AND WHEREAS the recommendations consider that operators will enter a career in water treatment and/or water distribution at an entry level and progress through a set program of certification to the level required; AND WHEREAS there appears to be shortage of operators as many municipalities are experiencing difficulties in hiring both entry level operators and operators holding the level of licensing required to operate the water treatment and distribution facilities of the respective municipality; AND WHEREAS the number of operators holding higher levels of licensing may decrease further due to older operators electing to retire early rather than face the stresses of writing the examination proposed to be required to maintain their licensing; . . . Council Minutes COMMUNICATIONS - 9- October 7, 2002 BE IT RESOLVED THAT the Ministry of the Environment be requested to consult with the Ministry of Training, Colleges and Universities to develop a comprehensive full-time post secondary training curriculum that provides not only for the certification of entry level operators, but also provides options for the certification of all levels of operators, including Level 4, based on the length of study. It is recognized that it has been recommended that experience be a component of competency for certification, thus this curriculum may require participation by the municipalities to provide opportunities for cooperative work experience programs; AND THAT this resolution be forwarded to municipalities province-wide and the Association of Municipalities of Ontario for endorsement." Resolution #C-537-02 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution from the County of Brant regarding careers in water treatment and/or water distribution be endorsed by the Council of the Municipality of Clarington. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item D - 6; and refrained from discussion and voting on the subject matter. Councillor Schell's employer is St. Mary's Cement, a member of the Aggregate Producers Association of Canada. . . . Council Minutes COMMUNICATIONS D-6 C10.MO D-7 C07.GE - 10- October 7,2002 Malcolm Mcintosh, CAO/Clerk, Township of West Grey, advising Council that the Township of West Grey passed the following resolution: "BE IT RESOLVED THAT, the Council of the Township of West Grey hereby petitions the Minister of Natural Resources to undertake necessary steps to amend the Aggregate Resources Act to ensure the Ministry of Natural Resources consults with adjourning property owners, the Ministry of the Environment and the appropriate agencies, regarding applications to extract aggregate below the water table and amendments to existing aggregate licenses, and informs adjoining property owners, the Ministry of the Environment, and other appropriate agencies, concerning EBR postings to said applications; AND FURTHER THAT, a copy of this resolution be forwarded to the Association of Municipalities of Ontario for circulation to all local municipalities in Ontario for their support, and to the Honourable Jim Wilson, Bill Murdock MPP, the Honourable Helen Johns; and to Premier Emie Eves." Resolution #C-538-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the resolution from the Township of West Grey regarding aggregate resources act be endorsed by the Council of the Municipality of Clarington. "CARRIED" A.L. Georgieff, Commissioner of Planning, Durham Region, requesting Council to comment on the proposed restructuring of the Electoral Boundaries in the Durham Region area and suggested changes to the proposed alignment. Comments should be received by October 11, 2002. . . . Council Minutes COMMUNICATIONS REPORTS Report #1 G,PA Report October 7, 2002 BY-LAWS -11- October 7, 2002 Resolution #C-539-02 Moved by Councillor Trim, seconded by Councillor Ping Ie THAT the Municipality of Clarington Council express in writing their opposition to the proposed new election boundaries as outlined in the recent 2002 report pertaining to Clarington (page 10, map 3); THAT the Municipality be given an opportunity at the upcoming public meeting scheduled in Whitby on November 8, 2002, to present its opposition and concern; and THAT the Newcastle Ratepayers' Association be advised of Council's decision. "CARRIED" Councillor Robinson stated a pecuniary interest with respect to Report PSD-101-02; and refrained from discussion and voting on the subject matter. Councillor Robinson lives in the vicinity of the Port Granby Low-Level Radioactive Waste Management Office. Resolution #C-540-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the actions taken by the General Purpose and Administration Committee on October 7,2002, be approved. "CARRIED" Resolution #C-541-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-laws 2002-157 to 2002-160, inclusive and that the said by-laws be now read a first and second time: 2002-157 being a by-law to exempt a certain portion of Registered Plan 40M-21 13 from Part Lot Control . . . Council Minutes BY-LAWS OTHER BUSINESS TDL Group Ltd. on behalf of Equibanc Funding Inc. - 12- October 7,2002 2002-158 being a by-law to exempt a certain portion of Registered Plan 40M-21 07 from Part Lot Control 2002-159 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Aquafor Beech Limited, Brampton, Ontario, to enter into agreement for the Brookhill Neighbourhood Subwatershed Study 2002-160 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Cobourg Development Services Ltd., Cobourg, Ontario, to enter into agreement for the Reconstruction of Prestonvale Road "CARRIED" Resolution #C-542-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2002-157 to 2002-160, inclusive, be approved. "CARRIED" Resolution #C-543-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT Resolution #GPA-319-02 passed by the General Purpose and Administration Committee at their meeting held on September 9,2002, and adopted by Council Resolution #C-475-02 on September 16, 2002, be amended by adding the words "if approved" following the word "THAT" in the third paragraph, such that the resolution now reads: . . . Council Minutes OTHER BUSINESS Veridian Corporation - 13 - October 7, 2002 "THAT Report PSD-083-02 be received; THAT the application to amend Zoning By-law 84-63, as amended, submitted by the TDL Group Ltd. on behalf of Equibanc Funding Inc. be referred back to staff to take into consideration the public comments and a further traffic analysis be done; THAT, if approved, the amending by-law be forwarded to Council for adoption at such time as Equibanc Funding Inc. enters into an appropriate agreement with the Region of Durham and submitted funds to the Region of Durham for the installation of traffic signals at the intersection of Centrefield Road and Durham Highway #2; THAT a copy of Report PSD-083-02 and Council's decision be forwarded to the Region of Durham Planning Department and the Region of Durham Works Department; and THAT all interested parties listed in Report PSD-083-02 and any delegations be advised of Council's decision." "CARRIED" Resolution #C-544-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the Council of the Municipality of Clarington approve the Shareholders of Veridian Corporation return of $1 million dollar capital to shareholders of record as at August 29, 2002, with such return of capital reducing the stated capital of Veridian Corporation, Distribution to each shareholder of Veridian Corporation will be payable to shareholders September 30, 2002, as follows: Town of Ajax City of Belleville Municipality of Clarington City of Pickering Total $ 321,000 133,000 136,000 410,000 $1,000,000 "CARRIED" . . . Council Minutes OTHER BUSINESS Skateboarding By-law Council Meeting Change in Schedule - 14- October 7, 2002 Resolution #C-545-02 Moved by Councillor Trim, seconded by Councillor Pingle THAT Municipal By-law No. 89-107 pertaining to skateboarding be reviewed by staff with a written report prepared for Council no later than October 31,2002, addressing such matters as: number of charges laid since the by-law became effective details of charges method used to enforce by-law. "CARRIED" Resolution #C-546-02 Moved by Councillor Pingle, seconded by Councillor Robinson WHERAS at their meeting held on December 4, 2000, Council adopted By-law 2000-203 being a by-law to amend the procedural by-law of Council by adopting the schedule of meetings for the term of Council; AND WHEREAS Council feels it expedient to amend the said schedule of meetings; NOW THEREFORE BE IT RESOLVED that the schedule of meetings be amended by rescheduling the Council meeting originally set to be held at 7:00 p.m, on November 11, 2002, to 7:00 p.m. on November 12, 2002; and THAT the appropriate by-law be forwarded to Council. "CARRIED" . . . Council Minutes - 15- October 7, 2002 CONFIRMING BY-LAW ADJOURNMENT Councillors Schell and Robinson stated pecuniary interests earlier in the meeting and refrained from voting on the confirming by-law. Resolution #C-547-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2002-161 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 7th day of October 2002, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-548-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2002-161 be approved, "CARRIED" Resolution #C-549-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 11:44 a,m. "CARRIED"