HomeMy WebLinkAbout12/09/2002
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
December 9, 2002
Minutes of a regular meeting of Council
held on December 9, 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, Ping Ie
Councillor G, Robinson
Councillor J, Rowe
Councillor J, Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 8:53 p.m,)
Director of Community Services, J, Caruana (attended until 8:53 p.m,)
Director of Emergency Services/Fire Chief, M. Creighton
(attended until 8:53 p.m.)
Director of Planning Services, D, Crome (attended until 8:53 p.m,)
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano (attended until 8:53 p.m.)
Confidential Secretary to the Municipal Clerk, H, Keyzers
(attended until 8:53 p.m,)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Robinson indicated that he would be disclosing a
pecuniary interest with respect to Report COD-061-02 (Item #18 of
Report #1) and By-law 2002-206.
Councillor Schell indicated that he would be disclosing a pecuniary
interest with respect to Correspondence Item I - 18.
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MINUTES
PRESENTATIONS
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December 9, 2002
Resolution #C-645-02
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a regular meeting of Council held on
November 25, 2002, be approved.
"CARRIED"
Resolution #C-646-02
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a special meeting of Council held on
December 2, 2002, be approved.
"CARRIED"
Resolution #C-647-02
Moved by Councillor Trim, seconded by Councillor Schell
THAT Dr. Rackham and Frank Feldman be added to the list of
delegations.
"CARRIED"
Rick Patterson and the Bowmanville Legion Pipes and Drum Band
performed three songs for the Mayor and Members of Council.
Mr. Patterson advised Council of their successes this year and
noted that they will be holding a concert on May 10, 2003, at the
Bowmanville High School.
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PRESENTATIONS
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December 9, 2002
Bruce Taylor, Assistant Director, Community Services Department,
advised Council of a pilot program for the Ontario 3M Community
Coach Award Program. To be eligible to participate in the program,
the nominees must achieve Level 8 of the 3M National Coaching
Certification Program. This year's winner was nominated for his
dedication to his sport. He has been a football coach for nearly 30
years. During his coaching career, two of his players have gone on
to play professionally. He coaches teams nearly every evening
form the beginning of May to the end of the season, At his home
games, he also takes on the responsibility of cleaning up after both
teams, and meeting with parents to answer any questions and deal
with problems. To quote from his nomination, "He believes in fair
play and respect for other players, coaches and officials. He brings
out the best in all his players, His motto is encourage - don't
discourage." Mayor Mutton along with John O'Toole, MPP,
presented the Ontario 3M Community Coach Award to Joe
Szimanski.
Jennifer Cooke, Marketing and Tourism Officer, Corporate Services
Department, provided Council with a slide presentation regarding
the Clarington Photo Contest. The Photo Contest began in August
of this year and submissions were received until November 8th.
The theme of the photos was "People, Places and Things in
Clarington." During the submission period the Communications &
Tourism Office received almost 200 photos, The photos that were
received will be used by the Communications & Tourism Office in
municipal publications such as the Clarington Visitors Guide and
Community Guides. They will also find their way onto the
Clarington's web site and other promotional materials. The winners
are as follows:
First Place - Laura Norton-Stephens
Second Place - Pierre Tremblay
Third Place - Carol Lamont
Mayor Mutton advised that on Friday, December 6, 2002, Council
attended a Study Session. Several items of concern were brought
forward. Mayor Mutton addressed the following:
. interchange improvements at Waverley Road/401; and
. the dormant industrial reserve fund.
Council Minutes
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DELEGATIONS
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December 9,2002
Mayor Mutton also advised Council of his meeting with the Chief of
Police regarding the Village Constable Program and noted that this
program is not being cancelled. During their meeting, the Chief
highlighted the increase of staff to 65 members which is a 38%
increase in strength. Mayor Mutton advised Council how important
the Village Constable Program is,
Neil Allin, Blaine Moffatt and Ray Bester, Orono Amateur Athletic
Association, presented Mayor Mutton with a $125,000 cheque
which repays their loan in full. The loan was provided to help with
the cost of constructing an addition at the Orono Arena, The
construction of the addition created a new dressing room, meeting
room, janitorial and storage space. The official opening took place
on December 12,1999, The $175,000 interest-free loan was
provided in February 1999 for a seven-year term. Due to the hard
work of many volunteers and the community of Orono, it is their
pleasure to pay the loan in full at this time. Mr. Allin thanked
Council for their support and thanked Fred Horvath, Director of
Operations, for his support and advice over the years.
Barb Tomaszewski, 19 Windham Crescent, Courtice, L 1 E 1Y7,
appeared before Council voicing her concerns regarding property
taxes and snow plowing, Ms, Tomaszewski agreed to pay her
taxes quarterly, which in her opinion is every three months. She
has been billed twice, once at the beginning of Spring and the final
billing is usually sometime in June. She always pays on time but
this year she acquired $16.00 in penalties and wonders why.
Ms. Tomaszewski also raised concerns over snow plowing.
Sand ring ham Drive is usually plowed but Windham and the other
streets around her area are not. Ms. Tomaszewski also noted that
her daughter attends Dr. Emily Stroud School and that the school
did not have any air conditioning in their portables this summer.
Adela Pugliese, 2179 Boundary Road, Burketon, LOB 1BO,
appeared before Council regarding Report EGD-51-02, Ms,
Pugliese resides at 2179 Boundary Road and noted the excessive
speeding that occurs on her street. She has had various
discussions with Tony Cannella, Director of Engineering, and he
has suggested to hire a temporary seasonal person to monitor this
area, She does not see how this would help unless someone is
there 24 hours a day, 7 days a week, The implementation of this
would not help the problem. Ms. Pugliese is suggesting a 4-way
stop,
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December 9, 2002
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DELEGATIONS
She notes that there is a 3-way stop at the 6th Concession and
Townline Road and another 3-way stop at the 8th Concession and
Winchester Road. These two intersections are dead ends and the
3-way stops serve no purpose. Children are picked up at the
corner of Boundary Road and Old Scugog Road and she is
concerned that an individual will speed through the bus stop. She
believes that it is more cost effective to install a 4-way stop; the
speed aspect is there even though the traffic numbers are not.
Linda Gasser, 7421 Best Road, P.O. Box 399, Orono, LOB 1 MO,
circulated a handout to Members of Council regarding Report
PSD-128-02. Ms. Gasser stated that she is in general support of
the recommendations contained in the staff report. She is
respectfully requesting that Council consider a few minor
amendments to the staff recommendations and the Community
Advisory Committee's (CAC) Terms of Reference, Ms. Gasser is
requesting the following:
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increase CAC membership to 15 community members plus
Council and staff liaison members;
insert a Conflict of Interest clause;
insert clause that missing three consecutive meetings
without valid reason results in member being replaced;
limit each organization/group to one member on CAC; and
considering hiring independent facilitator rather than having
committee elect a chair from within.
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John Waters, 1882 Bloor Street East, Bowmanville, L 1 C 3K3,
addressed Council with respect to Report PSD-128-02, and
indicated support for the recommendations that Ms. Gasser has
brought forward. Mr. Waters addressed Section 2 of Report PSD-
128-02, Section 2,1 states that the Ministry of Transportation
Community Advisory Committee only has two members from the
Clarington area and considering the scope and impact the 407 will
have on Clarington it is important that there be a balance. He
suggested adding a third member to this Committee, Section 2.5 of
the report refers to the transportation consultant. Once the
planning process commences, there will only be one opportunity to
review. He is suggesting that the consultant review and make
comments on all reports written. Section 2,7 pertains to the fiscal
pressures. The 407 is a high priority for the Province, Region and
Clarington, Mr. Waters is recommending that Clarington seek
funding from both the Region and the Province.
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DELEGATIONS
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December 9, 2002
Resolution #C-648-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the delegation of Ken Kervin be referred until later in the
meeting to be heard during a "closed" session of Council.
"CARRIED"
Dr. Rackham, 165 Foster Avenue, Belleville, K8N 3P8, appeared
before Council representing owners of lands bounded by Given
Road on the north and Highway 2 on the south. Dr. Rackham
noted that he is in support of the recommendations contained in
Report PSD-129-02 and he encouraged Council to approve the
report as written,
Gregory Defregis appeared before Council on behalf of Frank
Feldman with respect to Report PSD-129-02. Mr. Feldman is the
owner of a 23 hectare parcel of land located in the area of the
subject property, If Report PSD-129-02 is approved, it will create a
land lock situation for his client. Mr. Defregis is requesting that
subject roads be shifted Y2 metre to the west, and Y2 metre to the
east. This shift will not affect the lots to the north and will still
comply with the proposed zoning, The west half of the subject
lands are designed R1 and do not take into consideration the
exiting zoning in the neighbourhood. He is also requesting that the
designated 15 metre wide lots be amended to 12 metre wide lots.
Resolution #C-649-02
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the meeting be "closed" to consider the delegation of
Ken Kervin regarding a confidential personnel matter.
"CARRIED"
Resolution #C-650-02
Moved by Councillor MacArthur, seconded by Councillor Rowe
THAT the actions taken during the "closed" session of Council be
ratified.
"CARRIED"
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DELEGATIONS
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December 9,2002
Resolution #C-651-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT Council recess for 10 minutes,
"CARRIED"
Meeting reconvened at 8:27 p.m,
Resolution #C-652-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the communications to be received for information be
approved with the exception of Items I - 6, I - 15, I - 17, I - 18,
1- 19, 1- 20 and 1-21.
"CARRIED"
Minutes of the Clarington Museum Board meeting dated
November 13, 2002.
(Received for Information)
Mike Colle, MPP, Eglinton-Lawrence, providing Council with a copy
of Bill 125, The LeBO Deposit and Return Act. Mr. Colle has also
provided for Council a recent report from the Product and
Packaging Stewardship Review, entitled "Wine and Liquor
Container Recovery: The 2002 Perspective".
(Received for Information)
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated October 8, 2002.
(Received for Information)
Minutes of the Clarington Traffic Management Advisory Committee
meeting dated October 17, 2002.
(Received for Information)
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December 9,2002
COMMUNICATIONS
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Gordon H. Moore, General Manager, Ontario Zone, Canadian Red
Cross Society, advising Council that the Canadian Red Cross has
been charged by the RCMP in relation to the contamination of
Canada's blood supply in the 1980s. Specifically, they have been
charged with common nuisance. As a humanitarian organization,
their thoughts are with the families who were affected by this
tragedy. They have taken their responsibility to victims seriously,
and the Canadian Red Cross has put forward its very best efforts in
settling all civil claims against it through the provision of a
comprehensive compensation package.
(Received for Information)
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Claude Maillous, Coordinator, International Association of Great
Lakes and Sl. Lawrence Mayors, advising Council that the next
annual International Association of Great Lakes and St. Lawrence
Mayors conference will be held in St. Catharines, Ontario on
June 16 - 18, 2002,
(Received for Information)
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Deborah Lay and Bev Billings, Public Health Nursing and Nutrition
Division, Region of Durham, providing Council with a copy of the
Nutritious Food Basket flyer and a poster advertising where
residents can access the Food Resource Directory, The Food
Resource Directory is a listing of locations and phone numbers
where food is available throughout Durham Region. The purpose
of this resource is to provide information to aid Durham Region
residents in accessing sufficient and nutritious food,
(Received for Information)
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Bruce E. Ball, Auction Chair, Durham Region Community Care
Association, thanking Council for their support at their recent
auction. In all, a total of $6,807 was realized from the sale with
over $6,000 going to Community Care for help in running their
programmes, after expenses.
(Received for Information)
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Linda Gasser, writing to Chairman Roger Anderson and Members
of Region of Durham Council, regarding the proposed joint meeting
of Works and Planning Committees - Highway 407, Ms. Gasser is
requesting that the Joint Committee members and Council consider
holding a late afternoon/early evening meeting to accommodate the
work schedules of most regional residents and 407 stakeholders.
Said meeting should be held at a central location in a facility large
enough to accommodate what will likely be a large number of
people and a long line of speakers,
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December 9, 2002
Ms. Gasser is also requesting Regional Council to place an
advertisement in newspapers across the Region at least a month in
advance of the Joint Committee meeting. This would provide
regional residents and stakeholders with adequate notice and
therefore a meaningful opportunity to make their views known to
the Joint Committee and subsequently to Council.
(Received for Information)
Minutes of the Animal Advisory Committee meeting dated
May 14, 2002,
(Received for Information)
Minutes of the Animal Advisory Committee meeting dated
September10, 2002.
(Received for Information)
Minutes of the Central Lake Ontario Conservation Authority
meeting dated November 19, 2002,
(Received for Information)
M. de Rond, Clerk, Town of Ajax, advising Council that the Town of
Ajax, on November 25, 2002, passed the following resolution:
"THAT the Council of the Regional Municipality of Durham
consider the following amendments to the 'draft' Region of
Durham Smoking By-law:
1. THAT bars also be granted a 50% designated
smoking room allowance.
2. THAT the Province of Ontario Smoking in the
Workplace Act be used as the standard for regulating
smoking in enclosed workplaces in Durham Region."
(Received for Information)
Scott Thompson, Ministry of Municipal Affairs and Housing,
advising Council that legislation to improve the accountability and
efficiency of the municipal and school board election process was
passed by the Ontario legislature. The Municipa/ Statute Law
Amendment Act, 2002 - Bill 177 , includes a number of amendments
to the Municipal Elections Act which were developed with the help
of municipalities and municipal associations.
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December 9, 2002
The new legislation also clarifies language in the Municipal Act,
2001, amends other provincial legislation to make it consistent with
the new Municipal Act, and repeals Ministry of Municipal Affairs and
Housing legislation that is no longer needed as a result of the new
act.
(Received for Information)
Timothy H. Rigby, Mayor, The Corporation of the City of St.
Catharines and Richard M. Daley, Mayor, City of Chicago, Illinois,
inviting Council to the 2003 International Association of Great
Lakes and St. Lawrence Mayors annual conference which is being
jointly hosted by St. Catharines and Chicago on June 16 - 18, 2003.
(Received for Information)
Minutes of the Clarington Public Library Board meeting dated
October 23, 2002.
(Received for Information)
Ron Dabor Sr., providing Council with a copy of a letter that he has
sent to the Environment Minister regarding Iter Canada.
(Received for Information)
Minutes of the Village of Tyrone and surroundings Community
Centre meeting dated October 23, 2003.
(Received for Information)
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on October 2, 2002, passed the following resolution:
"THAT this Committee support the stand Regional Chairman
Anderson has taken in requesting an extension of time to
ensure adequate review of the proposed Safe Drinking
Water Act"
(Received for Information)
Brad Greentree, President, Bowmanville Figure Skating Club,
thanking Council and staff for their efforts during their Eastern
Ontario Sectional competition November 8 - 11 ,2002. It was an
overwhelming success due, in a great part, to the contributions
made by the staff at the Rickard Complex. They were always ready
and willing to lend a hand with set-up, takedowns, and were very
accommodating to their ever changing flood schedule, The floors
were kept very clean and the garbage containers were regularly
emptied.
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December 9, 2002
The staff in the canteen did a great job of moving people through in
a friendly, efficient manner. The lines never became too
backlogged, They received no complaints about any part of the
Competition.
Resolution #C-653-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item 1-6 be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-654-02
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT the foregoing Resolution #C-653-02 be amended by adding
the following thereto:
"THAT a copy of the correspondence be forwarded to the
Community Services Department."
"CARRIED"
The foregoing Resolution #C-653-02 was then put to a vote and
"CARRIED AS AMENDED,"
Janet Ecker, Minister of Finance and Chris Hodgson, Minister of
Municipal Affairs and Housing, announcing the release of the 2003
Community Reinvestment Fund (CRF) allocations. In August,
Premier Ernie Eves stated the municipalities would receive the CRF
allocations in time to help them prepare for their budgets. By
improving on the timeliness, predictability and transparency of grant
information, the government is making it easier for municipalities to
track their expenditures and plan ahead, Specific details on the
calculations of the 2003 allocation and payments will be sent
directly to the Treasurer/Clerk Treasurer in the near future. They
are pleased to be able to release the CRF allocations this Fall.
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December 9,2002
Resolution #C-655-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item I - 15 be received for information.
"CARRIED"
Neil McKerrell, Chief, Ministry of Public Safety and Security,
advising Council that with the recent passage of Bill 148, the new
Emergency Management Act has now introduced mandatory
emergency management programs to Ontario's municipalities and
designated ministries. To accomplish this, Emergency
Management Ontario (EMO) has developed the Framework for
Community Emergency Management Programs. This document is
the applicable standard for community emergency management
program development, implementation and maintenance. EMO
now has twelve Community Officers deployed throughout Ontario to
assist municipalities with their emergency management
requirements.
Resolution #C-656-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item I - 17 be received for information.
"CARRIED"
Councillor Schell stated a pecuniary interest with respect to
Correspondence Item I - 18 and refrained from discussion and
voting on the subject matter. Councillor Schell's employer is St.
Mary's Cement, the subject of the correspondence.
John O'Toole, MPP, Durham, thanking Council for keeping him
informed about the calls the Municipality has received regarding
emissions from St. Mary's Cement and ground vibrations
associated with blasting at the quarry, Mr. O'Toole has also written
to the Ministry of the Environment directly on this matter.
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December 9,2002
Resolution #C-657-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item I - 18 be received for information.
"CARRIED"
Marcel Beaubien, MPP, Lambton-Kent-Middlesex, providing
Council with a report which contains recommendations on the
broad range of issues that were raised by stakeholders during the
consultation process on property assessment and taxation issues.
The Minister of Finance intends to seek feedback from interested
parties on the recommendations contained in the report.
Resolution #C-658-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item I - 19 be referred to the Director of
Finance/Treasurer for a summary report.
"CARRIED"
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on October 2, 2002, passed a resolution endorsing the
Municipality of Clarington's Resolution #C-569-02, regarding the
spreading of sewage biosolids and that the Ministry of the
Environment be requested to suspend all current Certificates of
Approval and withhold granting of any future certificates on lands
located within the Municipality of Clarington.
Resolution #C-659-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item I - 20 be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
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December 9, 2002
Resolution #C-660-02
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the foregoing Resolution #C-659-02 be amended by adding
the following thereto:
"THAT a copy of the correspondence be forwarded to the
Regional Municipality of Durham, the Durham Region
Agricultural Advisory Committee and the Ministry of the
Environment."
"CARRIED"
The foregoing Resolution #C-659-02 was then put to a vote and
"CARRIED AS AMENDED."
John O'Toole, MPP, Durham, writing to the Honourable Bob
Runciman, Minister of Public Safety and Security, regarding the
federal and provincial governments providing special emergency
management funding for all municipalities that host nuclear
facilities. Mr. O'Toole agrees with the need to amend the
Emergency Planning Act and formally mandate all municipalities to
have emergency preparedness requirements in place. However,
there is an imbalance between municipalities that are nuclear host
communities and those that are not. Nuclear host communities
obviously need a more extensive program, and therefore it would
be appropriate for senior governments to assist these municipalities
because this is a safety priority that affects more than just the host
community,
Resolution #C-661-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item 1-21 be received for information.
"CARRIED"
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December 9, 2002
Resolution #C-662-02
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT the Correspondence Items for direction be approved as per
the agenda with the exception of Items D - 6 to D -14, inclusive,
"CARRIED"
Robert, Patricia and Frank Howard, writing to Council regarding the
following concerns regarding 1402 Taunton Road East, 1406
Taunton Road East, 1412 Taunton Road East and 1433 Townline
Road North:
1, The contamination of their well water. They are still
purchasing water for drinking and their wells are still
contaminated with the run off water caused from the road
construction and from the new home development in the
area.
2.
Their septic beds have been ruined by the excess water
which has been rerouted onto their properties,
3. The water runs through and over their property continually,
(Correspondence referred to the
Engineering Department)
Teresa Chircop and Yvette Plach, providing Council with a petition
from residents regarding their concerns in their community due to
the new developments growing on Taunton and Trulls Road South,
The problem is traffic volume including construction equipment,
heavy dump trucks, and vehicles have increased dramatically.
Heavy machinery and vehicles traveling at high speeds are
dangerous through residential areas, Trulls Road is being used as
a throughway to commute from north to south of the Region. As
well, the area from Taunton Road to Pebblestone Road is a highly
populated residential area. Children need to walk to and from the
school bus, along Trulls Road in order to get to school. The busiest
times of the day, morning and afternoon, is when their children are
walking along an unsafe road. Positive solutions have been
noticed in their community. For example, on Bradley Boulevard
and Tyler Street, water pipes were installed and ditches filled
providing more room on each side of the road. Proper installation
of sidewalks is desperately needed to maintain the safety of their
children and community.
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December 9,2002
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Although they strongly believe constructing a sidewalk is a must, it
will not be the solution to solve the speeding problem, The stretch
of road from Pebblestone to Taunton is without a stop sign or traffic
light. This provides a perfect speed zone for those who wish to
speed. They feel that speed bumps or gates would announce to
drivers that this is an active highly residential community; and
speeding is simply not acceptable.
(Correspondence referred to the
Director of Engineering)
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Rhonda Sowers, Liaison, Ontario Family Fishing Weekend Steering
Committee, requesting Council to declare one summer weekend,
Friday, July 4 through Sunday, July 6, 2003, a licence-free fishing
weekend. This special weekend, now run in conjunction with
National Fishing Week, includes fish festivals, clinics, or
conservation and educational activities that may be held in the
area, Ms, Sowers is also requesting help to publicize the 2003
Ontario Family Fishing Weekend in any calendar of summer events
that Clarington may participate in or publish.
(Proclaimed and correspondence
referred to the Marketing and Tourism
Office)
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Carolyn Wilson, requesting Council's permission to replace the
windows in their home at 182 Church Street, Bowmanville (a
designated property), They plan on living in this lovely old home for
the next 10 to 20 years, In order to do this their monthly energy
expenditures will have to be greatly reduced and maintenance will
have to be streamlined. They have gone over the pros and cons of
replacement windows many times and feel they are necessary for
reducing their monthly costs. They will gladly work with someone
to restore, repair and make a period style storm "door" for the upper
front south facing window/door. If necessary, they will also leave
the two main floor front windows (south facing) as they are and at
some time in the future have them restored with period style
wooden storms.
(Correspondence referred to the
Director of Planning Services and to the
Local Architectural Conservation
Advisory Committee)
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December 9, 2002
J.D. Lawrence, Bowmanville Taxi, requesting Council to review the
operation of taxi cab companies within the municipality. Mr.
Lawrence believes with the high increase of insurance as of 9/11
last year and the high price of gas, they will be looking for an
increase in the drop and tariff on the meter.
(Correspondence referred to the
Municipal Clerk for review in conjunction
with the Taxi Licencing By-law review)
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on October 2, 2002, passed the following resolution:
'WHEREAS the current methods of cutting along road
allowance are not effective in controlling weeds and
vegetation growth and whereas these methods need to be
improved upon;
WHEREAS the cutting of vegetation within road allowances
should reflect the growing season and be responsive to
irregularities of vegetation growth within any growing
season;
NOW THEREFORE BE IT RESOLVED THAT alternative
methods of vegetative control along road allowances be
investigated;
AND FURTHER THAT landowners be encouraged to be
more proactive in vegetative control along their property
lines within road allowances;
AND FURTHER THAT when the Municipality performs
maintenance within road allowances, the disturbed areas be
seeded with grass;
AND FURTHER THAT this resolution be forwarded to the
Ministry of Transportation, Hydro One Networks, Veridian
Corporation, Canadian National Railways, St. Lawrence and
Hudson Railway, and Trans Canada Pipeline Co, for their
action thereon with respect to maintenance adjacent and on
municipal road allowances."
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December 9, 2002
Resolution #C-663-02
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 6 be referred to staff,
"CARRIED"
Laura Rowley, Clerk Treasurer, Township of Armour, advising
Council that the Township of Armour on November 12, 2002,
passed the following resolution:
'WHEREAS the property tax is a vital part of municipal
funding, and all municipalities and ratepayers depend on
accurate assessments;
AND WHEREAS the Municipal Property Assessment
Corporation (MPAC) has ignored the wishes of over 100
municipalities and is implementing a corporate restructuring
program, called "Futures", that is dramatically changing
property assessment in this province;
AND WHEREAS municipalities are already noticing a loss of
local expertise and a decrease in service quality as a result
of this centralization plan;
AND WHEREAS municipalities are having to contend with
inaccuracies, errors and loss of product;
AND WHEREAS municipal officials do not have direct
access to local MPAC assessors;
AND WHEREAS effort should be made to co-ordinate with
the government OPTA program;
NOW THEREFORE be it resolved that the Council of the
Township of Armour hereby calls on the Ontario Minister of
Finance to intervene to repair the damage Futures has done
to Ontario Property assessment and to bring forward a plan
to restore local assessment expertise and good working
relationships between assessment staff and municipalities at
the local level."
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December 9,2002
Resolution #C-664-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution from the Township of Armour regarding the
Municipal Property Assessment Corporation FUTURES program be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
J. Doyle, Reeve, Township of the Corporation of the Township of
Montague, advising Council that the Township of Montague on
November 19, 2002, passed the following resolution:
"WHEREAS Municipalities are required to have in place
Emergency Plans and in those plans identify the roles that
both Staff including Volunteer Fire Fighters and Elected
Officials play in implementing those same plans;
AND WHEREAS many Ontario Municipalities have had to,
over the years, implement their Emergency Plans for
disasters such as train de-railments, droughts, floods etc"
which may have been localized situations;
AND WHEREAS Eastern Ontario suffered a crippling Ice
Storm in 1998 which required the implementation of many
Municipal Emergency Plans;
AND WHEREAS the recent events of September 11th have
caused all levels of Government to re-examine their
Emergency Plans;
AND WHEREAS Municipal Employees from not only the
managerial positions but, also the labourers positions, are
identified as having to perform their duties in an
Emergency/Disaster situation in those same Emergency
Plans and as such, are required to be available for work at
any time;
AND WHEREAS the Juries Act c.J.3 R.S.O. 1990 section
3,1 states that "The following persons are ineligible to serve
as jurors:
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December 9,2002
1, Every member of the Privy Council of Canada or the
Executive Council of Ontario.
2. Every member of the Senate, the House of Commons
of Canada or the Assembly.
3. Every judge and every justice of the peace,
4. Every barrister and solicitor and every student-at-Iaw,
5, Every legally qualified medical practitioner and
veterinary surgeon who is actively engaged in
practice and every coroner,
6. Every person engaged in the enforcement of law
including, without restricting the generality of the
foregoing, sheriffs, wardens of any penitentiary,
superintendents, jailers or keepers of prisons,
correctional institutions or lockups, sheriff's officers,
police officers, firefighters who are regularly employed
by a fire department for the purposes of subsection 41
(1) of the Fire Protection and Prevention Act, 1997,
and officers of a court of justice, R.S.O. 1990, c.J.3,
s.3 (1); 1994, c. 27, s, 48(1); 1997, cA., s, 82,"
AND WHEREAS an Emergency/Disaster situation may
occur in a local municipality but necessarily the whole of a
County, region or even the Province and in saying thus, the
Court may be situate in another jurisdiction thus not
necessarily be effected by the situation and therefore would
not be effected by an Emergency/Disaster;
NOW THEREFORE the Council of the Township of
Montague requests that the Hon. David Young in his roll as
Attorney General review those who are exempt from Jury
Duty and have the list include ALL Municipal Employees,
Council Members and also including Volunteer Firefighters
of whom, many rural municipalities rely on for the
implementation of their Emergency Plan;
AND THAT the Association of Municipalities of Ontario
(AMO) also help to lobby the Provincial Government to have
the Juries Act amended to include Municipal Employees;
Heads of Council and Members of Council; and Volunteer
Firefighters;
AND THAT this resolution be forwarded to ALL
municipalities in Ontario for their support through AMO;
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December 9, 2002
AND THAT a copy of this resolution be forwarded to the
Hon. David Young and also to our own MPP the Hon. Norm
Sterling for his support;
AND THAT those municipalities who choose to support this
resolution also forward a copy to the Hon, David Young and
their own MPP."
Resolution #C-665-02
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Correspondence Item D - 8 be received for information.
"MOTION LOST"
Resolution #C-666-02
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the resolution of the Corporation of the Township of
Montague regarding emergency plans be endorsed by the Council
of the Municipality of Clarington.
"CARRIED"
City of Weiland, advising Council that the City of Weiland passed
the following resolution:
"1. THAT the City of Weiland petition the Minister of
Municipal Affairs and Housing, the Honourable Chris
Hodgson, to amend the Municipal Act by removing
Section 217 of the existing Act and Section 133 of the
Municipal Act 2001;
2. THAT the City of Weiland petition the Minister of
Public Safety, the Honourable Robert Runciman, to
introduce new legislation to deal with the fortification
of lands which would require the enforcement of such
legislation by police forces in the Province of Ontario
and not municipal officials;
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December 9, 2002
3. THAT a copy of this recommendation be forwarded to
all municipalities in Ontario, the Association of
Municipalities of Ontario, and the Ontario Association
of Chiefs of Police for endorsement."
Resolution #C-667-02
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the resolution of the City of Weiland regarding the Municpal
Act 2001 be endorsed by the Council of the Corporation of the
Municipality of Clarington.
"CARRIED"
Ken Todd, Director of Corporate Support Services, City of St.
Catharines, advising Council that the City of St. Catharines on
November 25, 2002, passed the following resolution:
'WHEREAS, the doctor shortage crisis has reached an
unprecedented high in Ontario with an estimated need for
726 family physicians, and over 400 multi-specialty
physicians; and
WHEREAS, south-central Ontario is in need of more than
300 family physicians and 125 multi-specialty physicians;
and
WHEREAS, the Niagara region is in need of 84 family
physicians and 30 multi-specialty physicians; and
WHEREAS, the increasing population growth rate of Ontario,
the escalating growth rate of the elderly population (doubling
by 2016), the increasing rate of family physician retirements
(one in five to retire in the next five years), increasing
number of communities recruiting physicians (300+ in
Ontario, in addition to the 10,000 active US recruiters), the
decreasing percentage of graduating physicians choosing
Family Practice medicine (80% in 1992 to 45% in 2000), are
all creating intense competition for our scarce medical
resources; and
WHEREAS, some communities in Ontario are offering
financial incentives to entice family physicians to their area;
and
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December 9, 2002
WHEREAS, these incentives are compounding the problem
of family physician recruitment for some communities that
don't have extra financial resources; and
WHEREAS, the Ontario Municipal Act clearly prohibits
"bon using" or providing financial incentives to any
commercial business interest as a means of luring them to a
community; and
THEREFORE, be it resolved, that the Provincial government
should disallow communities from engaging in the practice of
providing financial incentives to lure medical professionals,
effective immediately; and
BE IT FINALLY RESOLVED, that the Provincial government
begin to aggressively work towards alleviating the present
medical professional shortage,"
Resolution #C-668-02
Moved by Councillor Trim, seconded by Councillor Rowe
THAT Correspondence Item D - 10 be received for information,
"CARRIED"
Mary Brennan, Director of Council Services/Clerk, Corporation of
the County of Essex, advising Council that the County of Essex on
November 20, 2002, passed the following resolution:
'WHEREAS a key element of the Province of Ontario's
Smart Growth plan is to ensure that all communities have
modern and efficient public infrastructure;
AND WHEREAS the Province of Ontario has announced
initiatives to introduce new tools to support municipal
infrastructure, including 'Opportunity Bonds';
AND WHEREAS the Province of Ontario proposes to
support municipalities in renewing and expanding their
infrastructure by providing provincial tax incentives for
corporations and individuals who invest in Opportunity
Bonds and by providing $1 billion of capital to the Ontario
Municipal Economic Infrastructure Financing Authority;
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December 9, 2002
AND WHEREAS the Province of Ontario is encouraging the
Federal Government to participate in the Opportunity Bond
program by providing federal tax incentives for corporations
and individuals who invest in Opportunity Bonds and by
providing capital to the Ontario Municipal Economic
Infrastructure Financing Authority;
NOW THEREFORE BE IT RESOLVED THAT, the
Corporation of the County of Essex requests the Federal
Government to cooperatively work with the Province of
Ontario to join Ontario as a partner in providing tax
incentives for corporations and individuals and by providing
capital to the Ontario Municipal Economic Infrastructure
Financing Authority in order to further promote economic
growth in Ontario;
AND FURTHER THAT, this resolution be circulated to the
Prime Minister of Canada, Federal Minister of Finance,
Leader of the Official Opposition, Premier of Ontario,
Provincial Minister of Finance, local Members of Parliament,
local Members of Provincial Parliament, Federation of
Canadian Municipalities, Association of Municipalities of
Ontario and all municipalities in Ontario."
Resolution #C-669-02
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the resolution from the Corporation of the County of Essex
regarding the Opportunity Bond Program 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 October 2, 2002, passed the following resolution:
"THAT this Committee support the resolution from the
Region of Halton requesting that agricultural representation
be provided on the Central Zone Smart Growth Panel, and
that it is requested that the Council of the Municipality of
Clarington endorse the Region of Halton resolution,"
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December 9,2002
Resolution #C-670-02
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the Clarington Agricultural Advisory Committee be advised of
previous actions taken by Council regarding the Central Zone
Smart Growth Panel.
"CARRIED"
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council that the Clarington Agricultural Advisory
Committee on October 2, 2002, passed the following resolution:
"THAT this Committee support the resolution of the County
of Bruce requesting the province to provide direct funding to
municipalities to cover the costs of undertaking the needed
studies and the required upgrades to sewage treatment
plants that will be required to handle increased volumes
generated by the passage of the Nutrient Management Act;
and
THAT it is requested that Council of the Municipality of
Clarington endorse the County of Bruce resolution,"
Resolution #C-671-02
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the resolution of the County of Bruce regarding the Nutrient
Management Act be endorsed by the Council of the Municipality of
Clarington; and
THAT a copy of this correspondence be forward to John O'Toole,
MPP.
"CARRIED"
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COMMUNICATIONS
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REPORTS
Report #1
G.P,A, Report
Dec. 2, 2002
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December 9, 2002
M. de Rond, Clerk, Town of Ajax, writing to the Region of Durham,
advising that the Town of Ajax on November 25, 2002, passed the
following resolution:
"THAT the use of Fluorescent Yellow Green signs be
reserved for school crossing use only; and
THAT the matter be forwarded to Durham municipalities and
the Ontario Traffic Conference with recommendations for
endorsement by municipalities throughout Ontario."
Resolution #C-672-02
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D - 14 be referred to the Director of
Engineering.
"CARRIED"
Resolution #C-673-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT the actions taken by the General Purpose and Administration
Committee on December 2, 2002, be approved with the exception
of Item #18.
"CARRIED"
Councillor Robinson stated a pecuniary interest with respect to Item #18 of
Report #1 (Report COD-061-02); vacated his chair and refrained from
discussion and voting on the subject matter. Councillor Robinson resides
within the study area of the Port Granby Long Term Low-Level
Radioactive Waste Management Project.
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Council Minutes
REPORTS
Port Granby
Contract
Extension
Report
PSD-128-02
Highway 407
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December 9, 2002
Resolution #C-674-02
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report COD-061-02 be received;
THAT the existing contract with Hardy Stevenson & Associates
Limited, Toronto, Ontario, for Consulting Services, Port Granby
Long Term Low-Level Radioactive Waste Management Project be
extended for a 2nd year;
THAT, pending satisfactory service and pricing that the contract be
extended on an annual basis for a third, fourth and fifth year;
THAT the total funds required be expensed to Account
#7004-00003-0247; and
THAT the By-law attached to Report COD-061-02, marked
Schedule "A" authorizing the Mayor and Clerk to execute the
agreement be approved,
"CARRIED"
Resolution #C-675-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report PSD-128-02 be received;
THAT the Clerk be directed to advertise for the positions on the
Clarington Highway 407 Community Advisory Committee and
report back to Council;
THAT the Minister of Transportation be requested to provide the
necessary funding to enable Clarington to retain a consultant that
would assist in reviewing the terms of reference;
THAT Ministry of Transportation be requested to add a third
member to the Community Advisory Committee;
THAT Recommendations #1, #3, #4 and #6 of Report PSD-128-02
be referred back to staff for a further report; and
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December 9, 2002
THAT all interested parties listed in Report PSD-128-02 and any
delegations be advised of Council's decision.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-676-02
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the Addendum to Confidential Report OPD-15-02 be referred
to the end of the agenda to be considered during a "closed" session
of Council.
"CARRIED"
Resolution #C-677-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Rick Patterson and the Bowmanville Legion Pipes and Drum
Band be thanked for their presentation and congratulated on their
successes this year.
"CARRIED"
Resolution #C-678-02
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the delegation of Neil Allin be received with thanks,
"CARRIED"
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December 9, 2002
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-679-02
Moved by Councillor Rowe, seconded by Councillor Schell
THAT the delegation of Barb Tomaszewski be referred to the
Director of Finance/Treasurer and the Director of Operations; and
THAT a letter be sent to the Board of Education to advise of Mrs.
Tomaszewski's concern regarding the lack of air circulation in their
portables.
"CARRIED"
Councillor Robinson stated a pecuniary interest with respect to By-law
2002-206; vacated his chair and refrained from discussion and voting on
the subject matter. Councillor Robinson resides within the study area of
the Port Granby Long Term Low-Level Radioactive Waste Management
Project.
Resolution #C-680-02
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT leave be granted to introduce By-law 2002-206, being a
by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Hardy Stevenson & Associates
Limited, Toronto, Ontario, to enter into an agreement for Consulting
Services, Port Granby Long Term Low-Level Radioactive Waste
Management, and that the said by-law be now read a first and
second time.
"CARRIED"
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BY-LAWS
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December 9, 2002
Resolution #C-681-02
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT leave be granted to introduce By-laws 2002-201 to
2002-205, inclusive, 2002-207 and 2002-208, and that the said
by-laws be now read a first and second time:
2002-201 being a by-law to require the payment of fees for
information and services provided by the Municipality
of Clarington and for prescribing the amount of such
fees and to amend By-law 96-032, as amended
2002-202 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington
2002-203 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington
2002-204
being a by-law to adopt Amendment 30 to the
Clarington Official Plan
2002-205
being a by-law to amend By-law 2001-52, being a
By-law to prohibit and regulate the discharge of guns
or other firearms, air-guns, spring-guns, cross-bow,
long-bows in the Municipality of Clarington
2002-207
being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington
2002-208
being a by-law to authorize the transfer, for a nominal
costs, of Part 1, 40R-20781, Part Lot 7, Broken Front
Concession, former Township of Darlington,
Municipality of Clarington, from Bowmanville Wood
Products to the Corporation of the Municipality of
Clarington for the purposes of an 8 metre road
widening on Baseline Road
"CARRIED"
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Council Minutes
BY-LAWS
OTHER BUSINESS
Appointments
Newcastle
Community Hall
Board
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December 9, 2002
Resolution #C-682-02
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the third and final reading of By-laws 2002-201 to 2002-208,
inclusive, be approved.
"CARRIED"
Resolution #C-683-02
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the following individuals be appointed to the Newcastle
Community Hall Board for a two-year term:
Peter De Jong
Sierd De Jong
Kathleen (Kaye) Quinney,
"CARRIED"
Resolution #C-684-02
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the meeting be "closed" for consideration of Addendum to
Confidential Report OPD-15-02 regarding a personnel matter.
"CARRIED"
Resolution #C-685-02
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken during the "closed" session of Council be
ratified.
"CARRIED"
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December 9, 2002
CONFIR:MING BY-LAW
ADJOUHNMENT
Councillors Robinson and Schell disclosed pecuniary interests
earlier in the meeting and refrained from discussion and voting on
the confirming by-law.
Resolution #C-686-02
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT leave be granted to introduce By-law 2002-209 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 9th day of
December 2002, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-687-02
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the third and final reading of By-law 2002-209 be approved.
"CARRIED"
Resolution #C-688-02
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the meeting adjourn at 9:07 p.m.
"CARRIED"