HomeMy WebLinkAbout05/29/2001
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
May 29,2001
Minutes of a regular meeting of Council
held on May 29, 2001, 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
Director, Community Services, J. Caruana
Fire Chief, M. Creighton
Director, Planning and Development, D. Crome
Solicitor, D. Hefferon
Confidential Secretary to the Clerk, H. Keyzers
Treasurer, M. Marano
Director, Public Works, S. Vokes
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
Councillor Rowe indicated that she would be disclosing a pecuniary
interest with respect to Item #6 of Report #1 and By-law #2001-094.
Resolution #C-299-01
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT the minutes of a special meeting of Council held on
May 3,2001, be approved.
"CARRIED"
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Council Minutes
MINUTES
PRESENTATIONS
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May 29,2001
Resolution #C-300-01
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT the minutes of a regular meeting of Council held on
May 14, 2001, be approved.
"CARRIED"
Dr. Donna L. Reynolds, Associate Medical Officer of Health and
Mr. Ross MacEachern, Manager, Environmental Health, Regional
Municipality of Durham Health Department, provided Council with
an update on the recent e-coli breakout in some local homes for the
aged. The Durham Region Health Department began investigating
the e-coli in July 2000. The first incidents trace back to late
December 1999 or early January 2000. The virus has recently
been headlined in the news due to a Durham Region resident being
infected. All facilities in the Durham Region have been open to
investigation. We must understanding that this is not the same type
of e-coli that Walkerton discovered in their water. This type is a
normal organisms in the bowel and it is necessary for the digestion
system, however, it becomes dangerous if it is located in organs or
tissues that it should not be in. There are 93 residents of Durham
Region carrying the e-coli virus.
Dr. Reynolds provided Council with a slide presentation regarding
the West Nile Virus (WNV), outlining the following:
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An arthropod-borne virus - female mosquitoes
Birds as primary host
Discovered in Uganda in 1937
Since 1994 increased severity - number of outbreaks,
human cases, human deaths
In 1951, 1954, 1957 epidemics in Israel, mostly children,
mild symptoms
Mosquito vector, incidental infections, incidental infections of
mammals, usually birds
In 1999 New York City had 62 cases, 7 deaths, including 1
male from Toronto
2-3% infected, mild or no symptoms, mosquitoes, birds,
horses, other mammals infected
The yirus hit the US and Canada in the year 2000
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Council Minutes
PRESENTATIONS
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May 29,2001
. Surveillance for dead birds. especially crows, ravens, blue
jays and raptors
. Humans viral encephalitislmeningitis
. Transfer from mosquitoes
. 21 human cases (Aug - Oct), 2 deaths
. US 25% birds +ve (n = 16,000) - 88% American crow
. Ontario 1,562 cases none positive in 2000 - only 352
crowsljays
. Virus was found in sentinel chickens, sentinel mosquito
pools
. Must assume its here in 2001
Durham Region Health Department have surveillance of:
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Dead birds, crows, jays, ravens, raptors
Trauma, injury emaciation, predation ok
Fresh carcasses (no decay, maggots)
Sightings and pick-ups, start May 15th
Humans; enhanced passive hospital surveillance
Other animals, CFIA, OMAFRA (esp. horses)
Mosquitoes?
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Dr. Reynolds described the levels of response set by the WNV
National Steering Committee.
Currently, the most effective way to preyent transmission of WNV to
humans and other animals, or to control an epidemic once
transmission has begun, is to have adequate mosquito control
capabilities.
The Durham Region and 8 municipalities have no mosquito control
programs. We need to establish a Durham Region West Nile Virus
Preparedness Committee to develop an integrated mosquito
management plan for the prevention of West Nile Virus in Durham
Region.
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Council Minutes
PRESENTATIONS
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May 29, 2001
Myno VanDyke provided Council with a brief overview of the life of
Sydney Venton, Chief of Police for the Town of Bowmanville from
1928 to 1956. Born in England, Mr. Venton moved to Canada and
worked on a farm until 1914. He returned to England for WWI and
on October 29, 1914 he was in his first battle. The British were
hopelessly outnumbered. Mr. Venton was one of the only
survivors. During this battle, he rescued a Colonel's life and was
captured. He than began his life as a prisoner of war, working in
mines and later was sent to work on German farms.
In 1920, Mr. Venton joined the Oshawa Police Department and
became Chief of Police in Bowmanville in 1928. During this time he
lived at 79 Division Street, Bowmanville. In 1945 he missed death
again, when he arrested two bank robbers after a gunfight. In 1956
he developed heart problems and could no longer perform the job
of Chief, but insisted that he stay on the Police force at a desk job
until he retired in 1958 at 71 years of age. On December 8, 1970,
Mr. Venton died of a heart attack. He knew every inch of the town
and every person in it. Mr. Venton demonstrated kindness to
eyeryone.
Mayor Mutton presented Myno Van Dyke and Mr. Venton's
children, Audrey Murdoch and Don Venton, with a plaque in
memory of the late Sydney Venton.
Elizabeth Alchin, 189 Guildwood Drive, Bowmanville, L 1C 3M9,
advised earlier that she should not be in attendance this evening.
Ms. Alchin previously circulated a petition to Council regarding the
final design of Guildwood Park. This petition shows that 26
residents do not want a basketball court in the park, 27 do not want
the tennis court and 8 do not want the spray pad feature.
Residents who have signed the petition have various concerns
including:
. The design of the park has changed it from a "neighbourhood"
park to a municipal park, increasing noise and vehicle traffic;
· The increased vehicle traffic will result in safety and on-street
parking problems;
· The basketball court will be used late at night as a hangout
since it is located close to street lights;
. Increase in the already existing vandalism; and
. Maintenance of equipment.
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Council Minutes
DELEGATIONS
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May 29, 2001
Bill Humber, 15 Beech Ayenue, Bowmanville, L 1 C 3A 1, addressed
Council objecting to the recommendations contained in Report
WD-20-01. These actions will begin the paving of the only green
space area in Bowmanville. This is unacceptable for several
reasons:
nothing can condone paving of parkland
no meaningful discussion, no response
the report is misleading
no Enyironmental Assessment was undertaken
no structural needs for sewers
speeds up need for underground work
future digging problematic
expenditure of over $50,000
many unanswered questions remain regarding the use of the
building
no alternatives were brought forward
infrastructure plan doesn't identify anything until 2003
50 parking spaces is inadequate
would this be acceptable anywhere else
Meredith Strike, an 8 year-old resident, requested that Council not
build skyscrapers or buildings in her special place. If you build
skyscrapers in her park then children will not play there, birds will
not sing and animals will not live there.
Don Welsh, Clarington Older Adult Association, 26 Beech Avenue,
Bowmanville, L 1 C 3A 1, appeared on behalf of the Clarington Older
Adult Association in support of the recommendations contained in
Report WD-20-01.
Les-Lee Bell, 1970 Taunton Road East, Hampton, LOB 1JO, was
called but was not present.
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Council Minutes
DELEGATIONS
COMMUNICATIONS
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May 29,2001
Stanislawa Michalska, 3455 Solina Road, Courtice, L 1C 3K4,
appeared before Council requesting that her dog, Cora, not be
labelled a vicious dog. In December 1999, Ms. Michalska bought
her dog. Cora is a friendly, dachshund dog who has never shown
aggression to anyone. She is obedient and Ms. Michalska's friends
and their children come over to the house all the time and there has
never been an incident. The dog is always in contact with people
and other dogs and Cora is always on her leash when walked. Ms.
Michalsak's fiance circulated exhibits for Council's review, which
included pictures, the leash that Cora is walked on and three letters
from neighbours stating that Cora is not a vicious dog. Ms.
Michalska's fiance was at home at the time of the incident and his
sister came home stating that the dog had pulled on a child's pant
leg after been stepped on. The child's father showed up and said
that he was going to sue. When Ms. Michalska's fiance tried to tell
the man that the dog has had all its shots, the father was not
interested in seeing any of the documentation. Ms. Michalska's
family has been under a lot of stress due to this incident. The
Health Department has been to her house to observe Cora. During
this time, Cora showed no abnormal behaviour. Ms. Michalska
strongly believes that Cora is not a vicious dog.
Resolution #C-301-01
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 8:25 p.m.
Resolution #C-302-01
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the communications to be received for information be
approved with the exception of Items 1-7, 1-13, 1-14, 1-16 and
1-20.
"CARRIED"
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Council Minutes
COMMUNICATIONS
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May 29,2001
Minutes of the Bowmanville Museum Board dated April 11 , 2001.
(Received for Information)
Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated February 13, March 13 and April 1 0, 2001.
(Received for Information)
Minutes of the Blue Circle Community Relations Committee dated
November 27,2000 and January 22,2001.
(Received for Information)
P.M. Madill, Regional Clerk, Region of Durham, advising The
Honourable David Collenette, Minister of Transport, that the
Council of the Regional Municipality of Durham on May 2, 2001,
passed the following resolution:
"a) THAT the Minister of Transport, David Collenette, be
advised that the Region of Durham wishes to participate in
the process of developing a strategy for protection of the
Federally owned lands in Durham Region for green space;
and
b) THAT Commissioner's Report No. 2001-P-34 be forwarded
to the Minister of Transport, the Ministry of Municipal Affairs
and Housing, the Greater Toronto Airports Authority, the
GT A Regions, the Rouge Park Alliance, the Greater Toronto
Services Board, and the Conservation Authorities and the
Area Municipalities in Durham Region, for information."
(Received for Information)
P.M. Madill, Regional Clerk, Region of Durham, advising The
Honourable Michael Harris, Premier of Ontario, that the Council of
the Regional Municipality of Durham on May 2, 2001, passed the
following resolution:
"1. THAT the Regional Municipality of Durham restate its
position that hospital capital funding is not a core service
responsibility of local,governments;
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May 29, 2001
COMMUNICATIONS
2. THAT notwithstanding the foregoing the Regional
Municipality of Durham is prepared to become a partner in
funding Durham's hospital capital requirements subject to
the following conditions:
a) THAT the Province of Ontario commit to funding at
least 70% of the capital cost of Durham's hospitals;
b) THAT the Province be requested to allow
municipalities to levy development charges for the
growth related capital needs of local hospitals by
amending the Development Charges Act to include
hospitals, as defined in the Public Hospital Act, as an
eligible service with additional amendments to allow
any hospital DC full exemption from consideration of
the historical service level provision and municipal
contributions (existing or forecast);
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c)
THAT the allocation of any Regional funding,
including development charges revenue, be subject to
the mutual agreement of the Region of Durham and
the local hospitals within Durham Region and further
that hospitals receiving such allocations be required
to provide financial statements to Regional Council as
specified by the Regional Treasurer.
AND THAT this resolution be circulated to The Honourable Mike
Harris, Premier of Ontario, The Honourable Tony Clement, Minister
of Health and all MPP's in Durham Region."
(Received for Information)
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Association of Municipalities of Ontario, advising Council that the
Government is expected to move very quickly on amendments to
the Ontario Property Assessment Corporation Act, 1997. AMO is
concerned with the proposed composition of a re-constituted Board.
They are pressing the Ministry of Finance to restore a clear
municipal majority on the OPAC Board. This is critical to
supporting the "say for pay" principle that was the basis of the Local
Services Restructuring. AMO agrees that the relationship between
provincial policy, OPAC implementation and municipal
governments is critical. AMO is pleased that this will be enhanced
through a Joint Committee and a more transparent and
accountable reporting process will be put in place.
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Council Minutes
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May 29,2001
COMMUNICATIONS
In order to ensure that any regulatory changes can be implemented
effectively, AMO has recommended that the Minister provide the
opportunity for a draft review of amendments as they come forward.
(Received for Information)
1-8
Carl G. Amrhein, Professor and Dean, Faculty of Arts and Science,
University of Toronto, providing Council with a copy of the
Proceedings of the conference Gridlock - A Deterrent to Economic
Growth: Solutions for Tomorrow. The conference benefited from
the knowledge and creative thinking of politicians, civil servants,
academics and representatives from the private sector.
(Received for Information)
1-9
D02.0A
Ministry of Municipal Affairs and Housing, advising Council that the
Ontario government is moving forward on Smart Growth with new
legislation intended to protect the environmentally sensitive Oak
Ridges Moraine and promote the cleanup of brownfields.
Legislation being introduced would freeze development on the Oak
Ridges Moraine for six months while a long-term action plan to
protect the moraine is developed through consultation.
(Received for Information)
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Richard Toms, Administrator, Visual Arts Centre of Clarington,
inviting Council to their fundraising event 'Shadowbox Junction'
from June 6 to 10, 2001, with an opening reception on June 8th at
7:00 p.m. This is a silent auction event featuring 30 respected area
artists.
(Received for Information)
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Association of Municipalities of Ontario, advising Council that AMO
is calling for reconsideration of applicability of Public Sector
Accountability Act to Municipal Government. AMO's initial review of
the Bill raised a number of alarm bells and the President has sent a
letter to Minister Flaherty with a clear message that he reconsider
including municipalities. The Bill fails to recognize the difference
between democratically elected municipal governments and other
public bodies as defined in the legislation. It will result in
duplication and does not recognize the accountability framework
that municipalities already operate under, adding more cost to
municipal government. AMQ will be reviewing the legislation in
greater detail over the coming weeks in order to meet with the
Province and to convince them to exempt municipalities from this
legislation in light of the other activities underway.
(Received for Information)
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Council Minutes
COMMUNICATIONS
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May 29, 2001
Honourable John C. Snobelen, Minister of Natural Resources,
responding to the municipality's letter regarding the adopted
resolution from the Regional Municipality of Durham on pit or quarry
licences. Applicants for a pit or quarry licence must circulate the
application andlor certain amendments to the upper- and lower-tier
municipalities, which represent the interest of ratepayers. It is
anticipated that in the near future, these applications will be posted
on the Environmental Bill of Rights Registry, through which all
interested parties, including neighbouring municipalities, may
provide comments. In 1997, when Bill 52 amended the Aggregate
Resources Act, circulation of information to municipalities was
changed to be in line with the Planning Act. For this reason, he is
not prepared, at this time, to amend the regulations under the
Aggregate Resources Act.
(Received for Information)
Marcel L. Brunelle, Mayor, Corporation of the Town of Whitby,
writing to the Honourable J. Flaherty, M.P.P., regarding the Greater
Toronto Services Board expanded mandate.
(Received for Information)
Minutes of the Clarington Agricultural Advisory Committee dated
April 19, 2001.
(Received for Information)
Minutes of the Clarington Traffic Management Advisory Committee
dated April 19, 2001.
(Received for Information)
Bruce Taylor, City Clerk, City of Pickering, advising Council that the
City of Pickering on May 7,2001, passed the following resolution:
"1. THAT City Council receive for information, Report to Council
MO 01-010n the governance reform process in Durham
Region.
2. THAT City Council request Durham Council to not establish
a final position on governance reform until the "Made-in-
Durham" governance study being undertaken for the City of
Pickering and the City of Oshawa by The Berkeley
Consulting Group is completed.
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Council Minutes
COMMUNICATIONS
1-7
AMO Reaction
to Ontario Budget
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May 29, 2001
3. THAT pending completion of the Berkeley Consulting
Group's study, the City of Pickering confirm that it remains
supportive of:
a) A modified 2-tier system with a "slimmed down"
Region acting as an agent of the lower tier;
b) Potential municipal amalgamations, including the
amalgamation of Pickering and Ajax; and
c) A review of a reduction in the number of politicians in
Durham Region.
4. THAT a copy of Report to Council MO 01-01 be forwarded to
Regional Council and all other municipalities in Durham
Region.
(Received for Information)
Association of Municipalities of Ontario, advising Council of AMO's
reaction to the Ontario Budget. AMO and its members welcome
the designation of $500 million to transportation and environment.
It is imperative that SuperBuild moves quickly to release this
money. Municipalities have been frustrated with the slow process
of awarding money under SuperBuild to date. Nearly a year after
OSTAR funding for water and sewer projects was announced, only
3 million out of $240 million has been awarded.
Resolution #C-303-01
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the Municipality of Clarington support the Association of
Municipalities of Ontario's position to advise Queens' Park of their
reaction to the Ontario Budget; and
THAT a copy of this letter be sent to John O'Toole, MPP.
"CARRIED"
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Council Minutes
COMMUNICATIONS
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Ontario's
Promise
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May 29, 2001
Ontario's Promise, The Partnership for Children and Youth,
advising Council that on November 3, 2000, Premier Mike Harris
launched Ontario's Promise - The Partnership for Children and
Youth. The initiative is bringing businesses, non-profit agencies
serving children, community leaders, parents and individuals
together to make and keep five promises to the province's young
people. At its core, Ontario's Promise is really five promises - each
made to the children and youth of this province. Taken together,
these five promises encompass the fundamental elements that are
essential to the successful development of children and youth.
1. A healthy start
2. An adult who cares
3. Safe places to learn and grow
4. The tools to succeed
5. A chance to make a difference
Resolution #C-304-01
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT Correspondence Item D - 13 be referred to the Director of
Community Services and the Clarington Youth Advisory
Committee.
"CARRIED"
Bowmanville Horticultural Society, providing a copy of their
application to the Trillium Foundation for their Beautification and
Naturalization Projects.
Resolution #C-305-01
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item I - 14 be received for information.
"CARRIED"
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Council Minutes
COMMUNICATIONS
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May 29, 2001
Don Terry, Public Affairs, Darlington Nuclear, Ontario Power
Generation, (OPG), advising Council that the Ontario Power
Generation staff will be interviewing about 300 Clarington and
Oshawa residents this summer about such things as where their
food comes from as part of an enhancement to Darlington
Nuclear's Radiological Environmental Monitoring Program. The
existing program monitors the local area, however, in recent years
the local community has grown and its demographic characteristics
have changed. OPG will be better able to coordinate routine
sampling of local foodstuff. Regular monitoring is part of
Darlington's licensing condition from the Canadian Nuclear Safety
Commission. Radiological emissions from Ontario Power
Generation's nuclear facilities are typically well below all regulatory
limits. The additional data from this upgrade is expected to confirm
that Darlington's emissions remain far below regulatory requirement
and represent only a small fraction of naturally occurring radiation
sources.
Resolution #C-306-01
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item I - 16 be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-307-01
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the foregoing Resolution #C-306-01 be amended by adding
the following thereto:
"THAT Correspondence Item I - 16 be referred to the Clarington
Agricultural Advisory Committee."
"CARRIED"
The foregoing Resolution #C-306-01 was then put to a vote and
"CARRIED AS AMENDED."
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Council Minutes
COMMUNICATIONS
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GO Transit
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May 29, 2001
Roger M. Anderson, Regional Chair, Region of Durham, writing to
Gary McNeil, Managing Director, GO Transit, requesting that GO
take the necessary steps to budget for and secure lands west of
Martin Road in Bowmanville within the next five years, so that a
station location can be protected. In 1994, DS Lea Associates
completed a GO Station Location Study for the Municipality of
Clarington, identifying a preferred site. Since the completion of this
study, both the Region and the Municipality of Clarington have
protected this preferred site. The owner of these lands has recently
approached both the Region and Clarington requesting that these
lands be secured by GO, or alternatively that these lands be
allowed to develop for residential purposes. The owner of the site
prefers the latter if a process to secure the site is not imminent.
Resolution #C-308-01
Moved by Councillor Rowe, seconded by Councillor Trim
THAT a letter supporting the Region's position regarding the
securing of lands by GO Transit be sent to Gary McNeil, Gordon
Chong, the Durham Regional Transit Committee, and Eldred King,
Chair, GO Transit.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Recorded Vote
Declaration of
Council Member Yea Nay Pecuniary Absent
Interest
Councillor MacArthur X
Councillor Pingle X
Councillor Robinson X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Mavor Mutton X
Correspondence Items D - 15 and D - 16 were distributed to
Council as handouts.
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Council Minutes
COMMUNICATIONS
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May 29,2001
Resolution #C-309-01
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT the Correspondence Items be approved as per the agenda,
with the exception of Items D - 4, D - 9 to D - 14, inclusive, and
D - 16.
"CARRIED"
Ian Parrott, Senior Waste Engineer, Ministry of the Environment,
advising Council that the Ministry has received an application from
Detox Environmental for the amendment of their Provisional
Certificate of Approval located at 322 Bennett Road. It is requested
that the Municipality make comments with respect to the application
and confirm that the property is properly zoned.
(Correspondence referred to the
Director of Planning and Development)
Ron Hope, President, Newcastle BIA, requesting that King Street
(east of Baldwin/North Streets to the west side of Beaver Street) in
the Village of Newcastle be closed from 8:00 a.m. until 5:00 p.m. on
June 16, 2001, for the Massey Show. The main north-south street,
Mill Street, will remain open.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit)
Gary Cole, Parade Chairman, Orange Lodge, requesting street
closures for the Annual Orange Parade. The event will take place
July 12, 2001, from 7:00 p.m. until 8:30 p.m. in the Village of Orono.
The parade route will depart from the arena, march along Centre
Street to Main Street. The parade will then continue along Main
Street south to Station Street and then back to the arena. The
parade will taken no longer than 12 - 15 minutes to pass any given
point.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit)
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Council Minutes
COMMUNICATIONS
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May 29,2001
Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham, advising that the Regional Planning Committee
considered Commissioner's Report 2001-J-5 which reported on
correspondence from the City of Waterloo requesting support for a
resolution asking the Province of Ontario to authorize Municipalities
to pass by-laws to regulate the application and use of pesticides.
Regional Planning Committee tabled the report and requested that
it be circulated to the area municipalities for comment.
(Correspondence referred to the
Director of Public Works)
Rose Valley Neighbours, providing a petition to Council indicating
their displeasure and opposition to any design of Mearns' Avenue
Neighbourhood Park (Appleblossom) that would include a baseball
(softball) diamond, additional soccer pitch, or other sports facilities
and/or parking lot. In addition to the potential for property damage
to the surrounding homes, they feel that an added sports facility of
any size would increase traffic, therefore jeopardizing the safety of
their children. Those homeowners agreeing to pay an additional
park-lot premium were led to believe the park would include a small
play structure, pathways and a seating area. They were also
advised that the existing trees would be preserved, in addition to
several new trees and vegetation being planted. Had there existed
an intent or even speculation of designing a sports field and parking
lot at Appleblossom Park, many of them would have chosen lots
elsewhere in the subdivision.
(Correspondence referred to the
Director of Public Works)
Bill Thompson, wishing to add his name to the growing list of
people raising parking concerns. Mr. Thompson's wife and himself
are senior citizens who like to take a walk several times a day. The
daytime hours are not really a problem but during the evening
hours people insist on parking on the boulevard and blocking the
sidewalks forcing people to go out to the road to get around their
vehicles. Also the overnight parking of large trucks in the area is
not consistent with a residential area and is an eyesore.
(Correspondence referred to the Senior
Municipal Law Enforcement Officer)
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Council Minutes
COMMUNICATIONS
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May 29, 2001
A. Craig Fromstein, advising Council that denying tax information
over the phone will prove counterproductive. There is no
justification for denying that information to the vendor or the
vendor's agent. Denying information to the vendor's lawyer will
serve only to antagonize the vender who will be forced to obtain the
information from Clarington in lieu of the lawyer. Mr. Fromstein is
sure that many taxpayers will have no hesitation in yoicing their
displeasure to the tax clerks because they haye been forced into
this situation and because, without doubt, many taxpayers will
inadvertently obtain incomplete tax information and will be forced to
contact Clarington again. The proposal, if implemented, will result
in angry taxpayers, frustrated lawyers, wasted time, declining
municipal tax clerk morale and increasing tax account delinquency
and collection procedures.
(Advise of Council's decision with
respect to Report TR-27-01)
Sherri Petherick, Program Coordinator, Heart and Stroke
Foundation, Durham East Chapter, requesting a road occupancy
permit for their Bowmanville Big Bike for Stroke Event on Sunday,
June 10, 2001. A tentative schedule has been set for 8:00 a.m. to
2:00 p.m. There will be a police escort on the day of the event,
though there will be no need for any road closures.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit)
Peter Balaban, District Manager, York-Durham District Office, .
Minister of the Environment, advising Council that Atlantic
Packaging Ltd. and Courtice Auto Wreckers Ltd. have submitted an
application to the Environmental Assessment and Approvals
Branch of the Ministry of Environment. The request is for an
Amendment to Provisional Certificate of Approval. Under Section
32, Part V of the Environmental Protection Act, the Director has the
discretion to hold public hearings on applications for waste disposal
site approvals.
Resolution #C-310-01
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Correspondence Item D - 4 be referred to the Director of
Planning and Development.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D -14
M02.GE
D -16
- 18-
May 29, 2001
John Fletcher, Orono Downtown Business Improvement
Association, requesting that the parking fees be waived at the
Orono Park on Sunday, July 1, 2001. The Orono DBIA is once
again organizing events for Canada Day at the Orono Park, this will
include free swimming at the pool, a performance by the Clarington
Band and children's activities.
Resolution #C-311-01
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D - 14 be tabled; and
THAT the Municipal Clerk address the issue of John Fletcher
sending information on behalf of the Orono Downtown Business
Improvement Association.
"CARRIED"
P.M. Madill, Regional Clerk, Regional Municipality of Durham,
providing Council with an extract from the Regional Council
meeting of May 23, 2001, regarding Hospital Funding - Property
Tax Billings for a One Percent Elective Contribution for Durham
Regional Health Care.
Resolution #C-312-01
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D -16 be referred to the Treasurer.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D-9
F22.TA
- 19-
May 29,2001
Barbara L. King, requesting Council to support the motion by
Peterborough County to have the Separate School Board
development charges be withdrawn from agricultural structures.
Ms. King owns and operates a farm in the former Township of
Clarke. She recently applied for a building permit only to find out
that square footage is now used to appraise the agricultural building
she is building. Her building permit cost her almost $1000 more
than it would have cost her last year at this time. Ms. King's
second surprise was when she was told that her building permit
was ready, she would need an additional $800.00+ to have her
permit released to her due to the Separate School Board
development fund. Ms. King contacted the Catholic School Board
and has told that the Peterborough County has put forth an appeal
to the OMB to have these development taxes withdrawn. Ms. King
would like to show her support in favour of having the development
tax abolished and is requesting that the Municipality show
opposition to the Separate School Board.
Resolution #C-313-0 1
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the Municipality of Clarington put forth an appeal to the
Ontario Municipal Board to have the Separate School Board
development charges withdrawn from agricultural structures; and
THAT Correspondence Item D - 9 be referred to the Clarington
Agricultural Advisory Committee.
(SEE FOLLOWING MOTIONS)
Resolution #C-314-01
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Resolution #C-313-01 be divided into two separate motions.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D - 10
M02.GE
- 20-
May 29,2001
Resolution #C-315-01
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT the Municipality of Clarington put forth an appeal to the
Ontario Municipal Board to have the Separate School Board
development charges withdrawn from agricultural structures.
"MOTION LOST"
Resolution #C-316-01
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Correspondence Item D - 9 be referred to the Clarington
Agricultural Advisory Committee
"CARRIED"
lain Maciver, requesting that Council provide leadership and erect a
memorial cairn at the Bowmanville Creek Valley to remember
volunteers. Recently, a very close friend to Mr. Maciver, Bob
Simpson, died. Mr. Simpson's significant contributions range from
the Rubber Duck Derby, Campbell House and the Lions Club
amongst others. Few knew he gave his time to anyone in need
from individuals to the Brownies. A week or so before his death
they were at a Provincial presentation where his efforts were
acknowledged by the Province. Mr. Maciver is requesting that
names of volunteers who have died since the start of the Year 2000
be added to the cairn. The deceased would have a small plaque
affixed to the cairn in their memory. He is also requesting that
Council appoint a Councillor to convene a meeting of Presidents of
the 250 or so organizations in town along with representatives from
the Funeral Homes and Nursing Homes in order to build on this
idea and create same before the summer is out.
Resolution #C-317 -01
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Correspondence Item D - 10 be referred to the Chief
Administrative Officer.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D - 11
C10.MO
- 21 -
May 29, 2001
Brenda Sigouin, Clerk-Administrator, Township of Essa, advising
Council that the Township of Essa passed the following resolution:
"WHEREAS in 1994 the Ontario Government approved a six
month pilot project for photo radar on selected Greater
Toronto and Peterborough area highways with high collision
experience;
AND WHEREAS the pilot project was found to have resulted
in a 15% to 29% reduction in speeding at the two lane test
site, a 25% to 34% reduction at the four lane test site, and a
30% to 60% reduction at the six lane test site;
AND WHEREAS the media coverage of the introduction of
these units at the time, is believed to have resulted in an
overall reduction in speeding on all highways in the
Province;
AND WHEREAS a reduction in the speed of vehicles results
in a reduction in fatalities and major injuries;
AND WHEREAS in 1995 the Ontario Government
discontinued this photo radar program;
NOW THEREFORE BE IT RESOLVED that the Premier of
Ontario be requested to reinstitute the photo radar program
on all major Provincial highways in an effort to reduce motor
vehicle accidents and resulting injuries and deaths;
AND FURTHER, that a copy of this resolution be forwarded
to all Municipalities for their endorsement and that said
Municipalities be requested to advise their local M.P.P.'s and
the Premier's office of their endorsement;
AND FURTHER, that the Association of Municipalities of
Ontario be requested to place this resolution on the floor at
this year's AMO Conference;
AND FURTHER, that the Ontario Provincial Police, the
Ontario Police Association and the Ontario Police Chiefs
Association be requested to support the resolution."
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Council Minutes
COMMUNICATIONS
D - 12
C06.CL
D - 13
C10.MO
- 22-
May 29, 2001
Resolution #C-318-01
Moved by Councillor Schell, seconded by Councillor Trim
THAT the resolution from the Township of Essa regarding photo
radar be endorsed by the Council of the Municipality of Clarington.
"CARRIED"
Arnot Wotten, Chair, Clarington Agricultural Advisory Committee,
advising Council of various resolutions passed by the Clarington
Agricultural Advisory Committee at their meeting of April 19, 2001.
Resolution #C-319-01
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolutions passed by the Clarington Agricultural
Advisory Committee dealing with the following matters be endorsed
by the Council of the Municipality of Clarington:
. Town of Caldeon re: Agricultural Funding Extension;
. City of Kingston re: Environmental Farm Plan;
. Village of MerrickYille-Wolford re: Federal Funding; and
. Appointments to the Durham Agricultural Advisory
Committee.
"CARRIED"
Jayne Carman, Deputy Clerk, County of Brant, advising Council
that the County of Brant on May 1,2001, passed the following
resolution:
"WHEREAS the Ambulance Act requires ambulances to
respond to calls received from Dispatch Services;
AND WHEREAS this commonly results in cross-border
ambulance services that are billed to the recipient
municipality;
AND WHEREAS these costs are based on the provider
municipality's average cost per call as prescribed in Part IV
of Ontario Regulation 129/99 made under The Ambulance
Act;
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Council Minutes
COMMUNICATIONS
MOTION
- 23 -
May 29, 2001
AND WHEREAS the cost for these cross-border ambulance
services are unfair to municipalities with lower average costs
per call;
THEREFORE BE IT RESOLVED that the County of Brant
and the City of Brantford request the Association of
Municipalities of Ontario to lobby the Ministry of Health to
initiate the standardization of cross-municipality ambulance
services costs;
AND THAT this resolution be forwarded to municipalities
province wide for endorsement and for the purpose of
lobbying the Association of Municipalities of Ontario and the
Ministry of Health to standardize these costs."
Resolution #C-320-01
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D -13 be received for information;
and
THAT a copy of Correspondence Item D - 13 be referred to the
Regional Municipality of Durham.
"CARRIED"
NOTICE OF MOTIONS
E05.GE
Resolution #C-321-01
Moved by Councillor Rowe, seconded by Councillor Schell
WHEREAS the storage and/or spreading of biosolids, especially
paper sludge, has been and continues to be under regulation by the
Ministry of the Environment, however, when this same waste mixed
with sand and called Soundsorb is being stored in enormous
quantities on lands bordering Clarington on the Oak Ridges
Moraine, it is not subject to these same regulations;
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Council Minutes
- 25-
May 29, 2001
NOTICE OF MOTIONS
E05.GE
REPORTS
Report #1
G.P.A. Report
May 22, 2001
AND FURTHER THAT the City of Oshawa, the Township of
Scugog, the Protect the Ridges Coalition, the Durham Region
Health Unit, Mr. John O'Toole, M.P.P., and the Clarington
Agricultural Advisory Committee be advised of this resolution.
"CARRIED"
Resolution #C-322-01
Moved by Councillor Rowe, seconded by Councillor Schell
WHEREAS the storage and/or spreading of paper and sewage
sludge in Clarington, as well as on neighbouring lands in Oshawa
and Scugog, is of concern to the Municipality of Clarington;
THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington notify the Ministry of the Environment's York-Durham
District office that the Municipality urges the Ministry of the
Environment to release the results of the groundwater sampling
taken from the areas of paper sludge storage and spreading;
AND FURTHER THAT the Municipality of Clarington advise the
Durham Region Health Department of our continuing interest in this
matter;
AND FURTHER THAT copies of this resolution be sent to the City
of Oshawa, the Township of Scugog and the Protection the Ridges
Coalition.
"CARRIED"
Resolution #C-323-01
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken by the General Purpose and Administration
Committee on May 22, 2001, be approved with the exception of
Items #6, #8, #9, #11 and #18.
"CARRIED"
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Council Minutes
- 26-
May 29, 2001
REPORTS
Councillor Rowe stated a pecuniary interest regarding Item #6 of
Report #1 ; vacated her chair and refrained from discussion and
voting on the subject matter. Councillor Rowe's husband is a
partner of Clinic Buildings (1979) Limited.
Item #6 of Resolution #C-324-01
Report #1
D14.ZBA.99.036 Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report PD-052-01 be received;
THAT the rezoning application ZBA 99-036 to amend Zoning
By-law 84-63, as submitted on behalf of Clinic Buildings (1979)
Limited, to permit the severance of the senior citizens apartment
building from the medical/dental clinic be approved as shown on
Attachment 3 to Report PD-052-01 and that the appropriate by-law
be passed;
THAT the Region of Durham Planning Department be forwarded a
copy of Report PD-052-01; and
THAT all interested parties listed in Report PD-052-01 and any
delegations be advised of Council's decision.
"CARRIED"
Item #8 of
Report #1
L04.HY
Resolution #C-325-01
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Addendum to Report WD-26-01 be received;
THAT Report WD-26-01 be received;
THAT a by-law be passed to authorize the execution of the Licence
Agreement between the Municipality, Hydro One and Hydro One
Telecom Inc. (HOT) contained in Attachment NO.1 to the
Addendum to Report WD-26-01 and that the Licence Agreement
executed on behalf of the Municipality be delivered to Hydro One
and HOT after Hydro One has applied for the closure and
conveyance to it of the portion of the unopened Martin Road
allowance between the South Service Road and the northerly limit
of the CN Rail right-of-way;
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Council Minutes
REPORTS
Item #9 of
Report #1
- 27-
May 29,2001
THAT Report WD-26-01 be amended by deleting the Licence
Agreement contained in Attachment NO.2 and by replacing it with
the Licence Agreement contained in Attachment NO.1 to the
Addendum to Report WD-26-01; and
THAT a copy of Addendum to Report WD-26-01 be sent to Yuri
Huminilowycz of Hydro One Telcom Inc.
"CARRIED"
Resolution #C-326-01
Moved by Councillor, seconded by Councillor
THAT Report WD-20-01 be received;
THAT Council approve, in principle, the expansion of parking
facilities at 26 Beech Avenue in the area south of the tennis courts;
THAT this project be recommended in the Year 2002 Capital
Budget;
THAT the existing parking lot be repaved at the time of expansion;
THAT Council approve the Beech Avenue and Lowe Street storm
sewers as a provisional item; and
THAT the Clarington Older Adult Association, Old Bowmanville
Neighbourhood Association and Bowmanville Tennis Club be
advised of Council's decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
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Council Minutes
- 28 -
May 29, 2001
REPORTS
Recorded Vote
Declaration of
Council Member Yea Nay Pecuniary Absent
Interest
Councillor MacArthur X
Councillor Pingle X
Councillor Robinson X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Mavor Mutton X
Item #11 of
Report #1
Resolution #C-327-01
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CS-17 -01 be referred back to staff for one week for
refinement.
"CARRIED"
Item #18 of
Report #1
Resolution #C-328-01
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report TR-27-01 be tabled for one week to allow for
discussions with interested parties.
"CARRIED"
Report #2 Resolution #C-329-01
Report CD-31-01 Moved by Councillor Rowe, seconded by Councillor Trim
Vicious Dog
Declaration THAT Report CD-31-01 be received for information.
Michalska
P14.AN "CARRIED"
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Council Minutes
May 29, 2001
- 29-
UNFINISHED BUSINESS
Report CD-27-01 Resolution #C-330-01
Vicious Dog
Declaration - Bell Moved by Councillor Robinson, seconded by Councillor Rowe
P14.AN
THAT Report CD-27-01 be lifted from the table;
THAT Report CD-27-01 be received; and
THAT the vicious dog declaration served on Les-Lee Bell be
upheld.
"CARRIED"
Addendum to Resolution #C-331-01
Report CS-17-01
M02.GE Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the Addendum to Report No. CS-17-01 be received;
THAT Report No. CS-17-01 be received for information;
THAT the amended policy for the Municipality of Clarington Award
for Academic Excellence (Attachment #1 to Addendum to Report
No. CS-17-01) be approved;
THAT the Municipality of Clarington Award for Academic
Excellence be implemented for the graduating classes of 2002;
THAT a copy of the amended policy be forwarded to the respective
school boards for endorsement; and
THAT Rosemary Shkordoffs request for permanent sponsorship of
an award be denied and she be encouraged to apply for the Award
of Excellence Program in 2002.
"CARRIED"
Report TR-27-01 Resolution #C-332-01
F22.TA
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report TR-27-01 be lifted from the table.
"CARRIED"
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Council Minutes
- 30-
May 29, 2001
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-333-01
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report TR-27-01 be received; and
THAT Council approve a charge of a tax certificate fee at the
prevailing rate, currently $60.00, for any verbal information
requested over the telephone.
"CARRIED"
Resolution #C-334-01
Moved by Councillor Trim, seconded by Councillor Schell
THAT leave be granted to introduce By-laws 2001-092, 2001-093,
2001-095 to 2001-101, inclusive, and that the said by-laws be now
read a first and second time:
2001-092 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington
2001-093 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington
2001-095 being a by-law to authorize an agreement between
the Corporation of the Municipality of Clarington and
the Regional Municipality of Durham to continue
delegating the responsibility for administration and
enforcement of the Building Code Act and the Ontario
Building Code in respect of sewage systems
2001-096 being a by-law to authorize the execution by the
Mayor and Clerk of a Licencing Agreement between
the Municipality of Clarington and Hydro One Inc. and
Hydro One Telecom Inc.
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Council Minutes
BY-LAWS
- 31 -
May 29, 2001
2001-097
being a by-law to authorize the execution of an
agreement between the Municipality of Clarington and
Mr. G. Gilpin, Mr. R. Hooper and Mr. B. Purdy to
organize and coordinate the Concerts in the Park
series at Rotary Park
2001-098
being a by-law to prohibit and regulate the discharge
of guns or other firearms, air-guns, spring-guns,
cross-bows, long-bows in the Municipality of
Clarington and to repeal By-law 2001-052
being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle
2001-099
2001-100
being a by-law to designate a certain portion of
Registered Plan 40M-1977 as not being subject to
Part Lot Control and to repeal By-law 2001-082
2001-101
being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Ontario Independent Crematorium Ltd., to enter into
an agreement for the sale of 1200 Haines Street,
Bowmanville, Ontario
"CARRIED"
Councillor Rowe stated a pecuniary interest with respect to By-law
2001-094; and refrained from discussion and voting on the subject
matter. Councillor Rowe's husband is a partner of Clinic Buildings
(1979) Ltd.
Resolution #C-335-01
Moved by Councillor Trim, seconded by Councillor Schell
THAT leave be granted to introduce By-law 2001-094, 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-laws be now read a first and second time.
"CARRIED"
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Council Minutes
BY-LAWS
OTHER BUSINESS
Regional Update
Committee and
Boards Update
- 32 -
May 29,2001
Resolution #C-336-01
Moved by Councillor Trim, seconded by Councillor Schell
THAT the third and final reading of By-laws 2001-092 to 2001-101
inclusive, be approved.
"CARRIED"
Councillor Schell advised Council of the Oak Ridges Moraine
symposium on June 23,2001, being held in King City to discuss
Province Government Strategies on the Moraine. Councillor Schell
reported that the building permit activity from the Region states that
building applications have decreased along with the fees.
Mayor Mutton attended an FCM meeting in Banff which included
approximately 2000 politicians. At this meeting, Mr. Jack Layton
was elected President. Mayor Mutton requested that staff
investigate with the BIA on-street recycling bins. Youth related
crimes in the municipality have escalated and several acts of
vandalism have occurred in Rotary Park. The Durham Region
Police have had information cards completed on 30 youths
between the ages of 13 to 14. The police are going to be calling
and sending letters to parents as well as billing the parents for the
damage caused by youth.
Councillor MacArthur attended meetings for the Library Board,
Museum Board, Animal Advisory Committee and Local
Architectural Conservation Advisory Committee. He had the
opportunity to attend the opening of the Durham Professional
Soccer Team - the Durham Flames. Councillor MacArthur attended
the breakfast for the organization committee of the Terry Fox Run
where Pete Lomax, a Clarington Fire Fighter, received the
Corporation trophy for best performance of last year.
Councillor Ping Ie advised Council that the Ontario Power
Generation and 150 local boy scouts planted 2000 trees in May.
The Courtice Secondary School students delivered boxes that they
build to the Ronald MacDonald House. The Ontario Power
Generation sponsored and participated in the backyard festival and
in June they will be participating in the Race Against Drugs. The
Clarke Museum will be holding their annual book sale on June 22
and 23, 2001.
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Council Minutes
OTHER BUSINESS
- 33-
May 29,2001
Councillor Robinson advised that he has attended two Agricultural
Advisory Committees. Stephen Vokes, Director of Public Works
was in attendance at the last meeting when the Committee
discussed machinery signs being put on Concession Roads,
seasonal roads and the gateways entering hamlets. Mike
Creighton, Fire Chief will be attending the next scheduled meeting
to discuss brush burning.
Councillor Rowe advised that she attended the 16th Annual Juried
Show at the Visual Arts Centre. The Mayor's award was presented
to a Montreal artist. On June 28th the Courtice Business
Association will be celebrating Canada Day and will be holding a
barbeque for their final meeting on June 6, 2001, at the Whitecliffe
Terrace.
Councillor Schell advised that the Bowmanville BIA's Fabulous 50s
sidewalks sale is being held on June 21 - 23,2001. The Concerts
in the Park will be held Thursday evenings from June 14 to August
30 at Rotary Park--attendance is growing every year.
Councillor Trim attended the WhitbylOshawalClarington's United
Way Annual Awards dinner last Thursday. Saturday he attended
the Jungle Cat World along with the White Pine Scouts Division.
On Sunday, Councillor Trim attended the Sea Cadet inspection in
Orono, on behalf of Mayor Mutton.
Mayor Mutton advised that he will be chairing a meeting
May 30,2001, with the Ganaraska Conservation Authority and the
residents of Garden Hill regarding the garden hill pond pollution.
Resolution #C-337-01
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the Rules of Procedures be suspended to allow for the
introduction of new business at this time.
"CARRIED"
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Council Minutes
OTHER BUSINESS
Massey Show
F05.BU
M02.GE
- 34-
May 29, 2001
Resolution #C-338-01
Moved by Councillor Trim, seconded by Councillor Robinson
WHEREAS the Massey Show is being held in Newcastle Village on
June 16, 2001;
AND WHEREAS the Show is expected to draw approximately
5,000 attendees to the Municipality;
AND WHEREAS Council wishes to express support for the event;
THEREFORE BE IT RESOLVED that Council provide a grant of
approximately $800.00 to cover the cost of providing portable
washrooms for the event to be financed from the un allocated grant
account #7613-99-X.
"CARRIED"
Resolution #C-339-01
Moved by Councillor Trim, seconded by Councillor Schell
THAT the presentation of Dr. Donna L. Reynolds and
Ross MacEachern be received with thanks.
"CARRIED"
CONFIRMING BY-LAW
Councillor Rowe stated a pecuniary interest earlier in the meeting
and refrained from voting on the confirming by-law.
Resolution #C-340-01
Moved by Councillor Trim, seconded by Council/or Schell
THAT leave be granted to introduce By-law 2001-102 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 29th day of May 2001, and
that the said by-law be now read a first and second time.
"CARRIED"
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Council Minutes
- 35 -
May 29, 2001
CONFIRMING BY-LAW
Resolution #C-341-01
Moved by Councillor Trim, seconded by Councillor Schell
THAT the third and final reading of By-law 2001-102 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-342-01
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT the meeting adjourn at 9:58 p.m.
"CARRIED"