HomeMy WebLinkAbout04/25/2000
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARlNGTON
April 25, 2000
Minutes of a regular meeting of Council
held on Monday, April 25, 2000, at
7:00 p.m., in the Council Chambers
Councillor Schell led the meeting in prayer.
Mayor D. Hamre
Councillor J. Mutton
Councillor M. Novak
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Councillor T. Young
Chief Administrative Officer, F. Wu
Director, Community Services, J. Caruana (attended until 9:28 p.m.)
Director, Planning and Development, D. Crome
Solicitor, D. Hefferon
Treasurer, M. Marano (attended until 9:28 p.m.)
Director, Public Works, S. Vokes (attended until 9:28 p.m.)
Division Fire Chief, G. Weir (attended until 9:28 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Schell indicated that he would be disclosing a pecuniary
interest with respect to Report #4 and also By-law #2000-55.
MINUTES OF PREVIOUS MEETING
Resolution #C-209-00
Moved by Councillor Trim, seconded by Councillor Mutton
THAT the minutes of a regular meeting of Council held on
April 10, 2000, be approved.
"CARRIED"
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Council Minutes
PUBLIC HEARING
PRESENTATION
DELEGATION
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April 25, 2000
In accordance with Section 20 of the Development Charges Act, 1997, the
Council of the Municipality of Clarington is holding a hearing into a
complaint filed by Aird & Berlis on behalf of Ridge Pine Park Inc., owner
and operator of Wilmot Creek.
David Rice, addressed Council on behalf of Rice Development and Ridge
Pine Park. Mr. Rice is of the opinion that the development agreement
entered into in 1981 between the Town of Newcastle and Ridge Pine Park
is grandfathered by the municipality's new Development Charge By-law.
He is requesting Council to stand behind this development agreement and
direct staff to return funds which have been over paid for building permits
in March 2000. Mr. Rice proceeded to explain the design of the homes in
Wilmot Creek to illustrate that they truly are mobile homes.
Kim Kovar, Aird & Berlis, Suite 1800, Box 754, 181 Bay Street, Toronto,
M5J 2T9 reiterated Mr. Rice's comments that the 1981 agreement is
grandfathered with the new Development Charge By-law and stated that
parties of an agreement cannot alter the agreement at their desire.
Susan Arends, Marketing, Tourism and Communications Department,
indicated that the municipality, in partnership with Ontario Power
Generation - Darlington, sponsored the "Frozen in Time" photo contest
this past winter. Of the 27 entries which were received, the photo
"Lighthouse on Guard" by photographer Timothy Cadden, has been
chosen as the winner. Together with Phil LeSauvage, Manager, Public
Affairs, Ontario Power Generation Darlington, Mayor Hamre presented a
digital camera to Mr. Cadden in recognition of his prize entry.
Scott Creed, 150 Tamblyn Road, Orono, LOB IMO appeared before
Council to request to be added to Schedule "C" of the municipality's
Exotic Animal By-law to allow him to keep exotic cats which he uses in
relation to his business for education purposes. Mr. Creed has been
operating from this property for several years, however, it has recently
come to his attention that he has been doing so in contravention of both
the zoning by-law and the exotic animal by-law. He has submitted a
rezoning application to the Planning and Development Department.
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Council Minutes
DELEGATIONS
COMMUNICATIONS
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April 25, 2000
Otto Provenzano, 309 Kenwood Road, Whitby, LlN 2G2 addressed
Council with respect to snow clearing on sidewalks adjacent to 1678
Highway 2, Courtice, Ontario. Mr. Provenzano indicated that this
property has a frontage of 625 feet on Highway 2. The sidewalk is
generally being used for residents to access the Courtice Community
Centre, therefore, Mr. Provenzano is of the opinion that the municipality
should clear the sidewalk of snow rather than the property owner. With
such a large frontage, he feels it is unfair to have to shovel the entire
sidewalk.
Resolution #C-210-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT Council recess for 15 minutes.
"CARRIED"
The meeting reconvened at 8:30 p.m.
Resolution #C-2Il-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT the communications to be received for information be approved
with the exception ofItems I - 7, I - 27, I - 28 and I -29.
"CARRIED"
P.M. Madill, Regional Clerk, Region of Durham, advising that the Council
ofthe Region of Durham on April 5, 2000, passed the following resolution
regarding Waste Diversion Organization:
"THAT Report #2000-WR-7 of the Commissioner of Works be
received for information and that a copy be forwarded to the
Municipality ofClarington and Councillor David Ryan, City of
Pickering."
(Received for Information)
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Council Minutes
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April 25, 2000
P.M. Madill, Regional Clerk, Region of Durham, advising that the Council
of the Region of Durham on April 5, 2000, passed the following resolution
regarding the Interim Report from the Public Works Officials "Who does
What" Committee:
"a) THAT the 'Who Does What' Service Review Interim
Report from the Public Works Officials within Durham,
attached to Report #2000-W-3l of the Commissioner of
Works, be received for information;
b) THAT the progress made so far by the 'Who Does What'
Committee be supported;
c) THAT the' Who Does What' Committee be encouraged to
continue and to meet the guidelines set by Regional
Council; and
d)
THAT a copy of Report #2000-W-3l be forwarded to the
area municipalities."
(Received for Information)
Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha
Conservation Al1thority, announcing that Kawartha Conservation is now
the distributor of Arbour rain barrels. The use of rain barrels to collect
water for later use in lawn and garden watering is an excellent means of
conserving water and ensuring a healthier and cleaner environment.
Public response to this initiative has been very positive and they are
seeking our cooperation to further promote this conservation initiative.
The barrels cost $70.00 plus PST. People wishing to purchase barrels can
do so from the Kawartha Conservation office at Ken Reid Conservation
Area. They believe that the barrels are a good means of conserving water
and that the public very much appreciates the opportunity of obtaining
them locally, at a reasonable cost, with the knowledge that their purchase
supports conservation.
(Received for Information)
P.M. Madill, Regional Clerk, Region of Durham, advising that the Council
of the Region of Durham on April 5, 2000, passed the following resolution
regarding the review of the Durham Regional Official Plan:
"a)
THAT the initiation of the Durham Regional Official Plan
review, outlined in Report #2000-P-26 of the
Commissioner of Planning, be endorsed; and
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Council Minutes
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April 25, 2000
b) THAT a copy of Report #2000-P-26 of the Commissioner
of Planning be forwarded to the area municipalities,
Conservation Authorities in Durham and the Ministry of
Municipal Affairs and Housing."
(Received for Information)
Executive of the Clarington Boy's Slo-Pitch Association, thanking the
Municipality of Clarington for the warm reception they received when
they presented their cheque to Council. They believe that this is the
direction that all teams should take as a partner in the community. This
will improve the diamonds for all the kids without taxing the
Municipality's budget. Hopefully this sets a precedent for other Leagues
to follow. This way, in a short time, there will be a lot more diamonds
available to our children and our town.
(Received for Information)
Minutes ofthe Local Architectural Conservation Advisory Committee
dated March 21, 2000. (A copy ofthe correspondence is attached to the
Summary of Correspondence.)
(Received for Information)
Minutes of the Valleys 2000 (Bowmanville) Inc. meeting dated March 23,
2000. (A copy of the correspondence is attached to the Sununary of
Correspondence. )
(Received for Information)
Minutes of the Valleys 2000 (Bowmanville) Inc. meeting dated April 6,
2000.
(Received for Information)
John Wiersma, President & Chief Executive Officer, Veridian
Corporation, providing a copy of the press release on their acquisition of
Port Hope Hydro. Port Hope Hydro is in their long term strategic interest
due to its proximity to Clarington. The new Clarington/Port Hope Service
Centre will have the critical mass for their field operations east of Oshawa.
Port Hope Hydro also has significant in terms oflong term shareholder
value. The distribution system is in excellent condition and Port Hope has
a high proportion of industrial load. (A copy of the correspondence is
attached to the Sununary of Correspondence.)
(Received for Information)
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Council Minutes
COMMUNICATIONS
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April 25, 2000
Hazel McCallion, Mayor, City of Mississauga, writing to The Honourable
Tony Clement, Minister of Municipal Affairs and Housing, advising that
the City of Mississauga on March 29, 2000, passed the following
recommendation:
"WHEREAS the Minister of Municipal Affairs and Housing was
sent a copy ofthe report dated January 2000 prepared by the
mayors of Markham, Vaughan, Burlington, Brampton, Newmarket
and Mississauga which requested that the Province proceed with
the job ofrestructuring in the 905 areas;
AND WHEREAS the Council of the Corporation of the City of
Mississauga at its meeting on January 19, 2000, passed Resolution
0018-2000 requesting that the Minister of Municipal Affairs and
Housing deal with the six Mayors' report on the restructuring of
municipal government in the 905 Regions by the end of February
2000;
AND WHEREAS the Minister has advised by letter dated
March 16, 2000, that the Provincial Government is awaiting the
report of the Greater Toronto Services Board (GTSB) regarding its
roles and responsibilities;
AND WHEREAS the Mississauga Members of Council are
concerned that this report be dealt with by the current members
who are familiar with the GTSB;
NOW THEREFORE BE IT RESOLVED that the Minister of
Municipal Affairs and Housing request that this report be
submitted to the GTSB at the latest by early November 2000 in
order that the present members are able to deal with the matter."
(Received for Information)
Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs,
responding to the Administrator-Clerk, Township of Scugog regarding the
recent changes in the Ontario Ministry of Agriculture, Food and Rural
Mfairs. He is pleased to provide further clarification about the future
business direction of the ministry. This direction, while significant, is in
fact a stage is an evolution that has been occurring for some time. As we
enter the new millennium, the ministry must provide provincial leadership
on a number of critical issues facing rural Ontario. A framework is under
development to balance livestock production, environmental concerns, and
rural non-farm interests.
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Council Minutes
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April 25, 2000
The ministry will focus on the quality and accessibility of our rural water
supply, as well as address food safety and on-farm food quality concerns,
continue to improve pesticide use, and explore the potential of genetically
modified foods. The realignment ofOMAFRA will assist in meeting
these challenges. Through their provincial specialists and program leads,
as well as regional economic development staff, they will continue to
provide information directly to clients in a number of ways including their
popular publications, factsheets, and over the Internet. Ministry specialists
located in 13 resource centres and seven co-locations will have many
opportunities to meet and interact with farmers across the province as they
continue to tackle key issues facing the agriculture and food sectors. Staff
at six northern sites will work regionally with clients while 16 regional
information coordinators will be located across southern Ontario. Their
role will be to help increase awareness in the agri-food community of
emerging trends and technologies and identifY issues that arise in the
region. They will co-ordinate and market the resources of the ministry to
the agri-food and rural community by providing information through
media releases, articles and speaking engagements to various groups.
They will also work closely with staff of Government Information
Centres, two of which are located in Whitby and Lindsay, to ensure that
information is also made available to clients through these locations.
(Received for Information)
Charles E. Packer, Site Vice President, Darlington Nuclear Generating
Station, providing Council with the annual report cards for Ontario Power
Generation Nuclear and Darlington Nuclear. (A copy of the
correspondence is attached to the Sununary of Correspondence.)
(Received for Information)
Ross Fitchett, Public Affairs, Pickering Nuclear, providing Council with
their monthly Report Card for Ontario Power Generation Nuclear and
Pickering and Darlington Nuclear. (A copy of the correspondence is
attached to the Summary of Correspondence.)
(Received for Information)
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Council Minutes
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April 25, 2000
COMMUNICA nONS
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Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs,
advising Council of a letter sent to Sandy Archibald regarding her
concerns for the future of the Integrated Pest Management program. This
government is committed to providing the information to farm and rural
families that will ensure they are able to make sound business decisions.
Several of their strong provincial grower organizations, private sector
consultants and not-for-profit sector groups have the ability to act as
deliverers of information and expertise. It is now necessary to redirect
resources to providing solutions to the key critical provincial issues
identified by farm organizations. These issues include the quality and
accessibility to our rural water supply, food safety and on-farm food
quality concerns, improved pesticide use and exploring the potential of
genetically modified foods. The realignment of OMAFRA will assist in
meeting these challenges. OMAFRA will establish 13 sites across
Ontario, known as resource centres where specialists will be able to
provide expert information to farmers and agri-business across the
province. An enhanced number of pathways are being developed to
deliver information, including the award winning Internet web site and
contact through provincial events, such as the Horticultural Crops
Conference and the media and farm press. In addition, specialist staff will
provide new technology interpretation and training to agri-business staff
and private consultants through workshops, seminars and conferences.
Farm and rural organizations are maturing and well organized to be key
points of delivery for OMAFRA programs. They are working closely with
the Ontario Fruit and Vegetable Growers' Association and the Ontario
Apple Commission to ensure the continuity of technology transfer to
Ontario growers.
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(Received for Information)
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M02.GE
Helen Johns, Minister of Citizenship, Culture and Recreation, requesting
nominations for the Ontario Medal for Good Citizenship. Established in
1973, the Ontario Medal for Good Citizenship recognizes and encourages
the virtues of good citizenship by honouring Ontarians who have made
outstanding public contributions through exceptional long-term efforts.
The award reflects their acts of selflessness, generosity and kindness, and
outstanding contributions to community life. Among the 336 past
recipients of this award are the founders of Bereaved Families of Ontario,
a self-help, mutual aid organization, who were honoured for their
outstanding contributions to the province; a woman who co-founded the
Kingston and District Association of Parents of Physically Handicapped
Children to help parents of disabled children; and the co-ordinator of the
Sault Search and Rescue Unit who was responsible for exceptional
volunteer training and fund-raising events for the unit.
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Council Minutes
COMMUNICA nONS
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April 25, 2000
The deadline for receiving nomination forms is April 28, 2000.
(Received for Information)
LL. Goucher, Public Information Coordinator, VE55 Camp X on the Air
Again, advising Council of a commemoration for the heroes of Camp X
with the return of Camp X to the air. Camp X was where' secret agents'
trained before being parachuted into Nazi occupied territory to not only
lead the resistance movement, but to provide valuable information to
invading Allied Armies. This event will commemorate the fifty-fifth
anniversary ofVE Day, May 8, 2000. On May 6'\ 7th and 8'h, Amateur
Radio operators will be setting up a Special Event Amateur Radio station
on the grounds of Camp X Intrepid Park, Whitby.
(Received for Information)
Jim Murphy, Director of Government Relations, Greater Toronto Home
Builders' Association, advising Council of a letter Mr. Murphy sent to the
Mayor of the City of Brampton regarding alternative financing proposals
for various projects within the City of Brampton. The City of Brampton
suggested that a "voluntary" payment of approximately $1,000 be applied
to every single family home in Brampton to finance a theatre and central
square in downtown Brampton. At the meeting there were other ideas
tabled for creative financing. They wish to inform the City of Brampton
that the building and development industry cannot afford to pay
"voluntary" charges for projects, no matter how important. The second
reason for writing this letter is to suggest that municipalities across the
GTA and indeed Ontario all face the same challenge - dealing with
increased responsibilities from the province and federal governments
while financing costs from a limited tax base - property taxes,
development charges and building permit fees. The development and
building industry pays the majority of these costs that are then passed
along to purchasers. GTHBA would suggest that in Mayor Robertson's
role as Chair of the GT A Mayors and Chairs, they strike a Municipal
Finance Sub-Committee to examine other revenue sources to these
traditional revenues. These could include many creative measures that
several American municipalities have access to but are prohibited within
Ontario.
(Received for Information)
Minutes of the Animal Advisory Committee Meeting dated March 15,
2000. (A copy of the correspondence is attached to the Summary of
Correspondence. )
(Received for Information)
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Council Minutes
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April 25, 2000
Deb Street sending a post card to the Mayor and Members of Council
thanking them for their generosity and support in the Tall Ship
Millennium Challenge. She thanks Council for making her dreams come
true. Ms. Street will update us on her amazing experience on the high seas
when she returns. Because of our support she has reached her goals and
she is ready to take her challenge aboard these tall ships to represent
youth/Canada/Bowmanville.
(Received for Information)
Charlene Lavigne, Deputy City Clerk, the City of Guelph, advising that
the Council of the City of Guelph on April 3, 2000, passed the following
resolution:
"THAT By-law (1995)-14892, known as the smoking by-law, be
amended to designate bingo halls and bowling alleys to be smoke
free by
September 30, 2000;
AND THAT this resolution be circulated to the Association of
Municipalities of Ontario and municipalities with a population of
50,000 or greater."
(Received for Information)
Minutes of the Newcastle Community Hall Board dated March 20, 2000.
(A copy of the correspondence is attached to the Summary of
Correspondence.)
(Received for Information)
David Anderson, Minister of Environment, advising Council that he
expects to table the Species at Risk Act (SARA) in the House of
Commons next week. Following years of consultation and debate, the
federal government has developed comprehensive legislation to protect
species at risk on all lands throughout Canada. To provide effective
species and habitat protection, they have chosen a balanced approach that
works on the ground. SARA will ensure that science is the foundation for
assessing which species are at risk. It creates mechanisms and powers to
act upon scientific assessments by mandating plans to recover species.
Furthermore, SARA will provide encouragement and incentives for
Canadians, including landowners, land users and municipalities, to protect
critical habitat through voluntary stewardship activities. Such cooperative
activities are the best means to protect species, and are the preferred
approach. However, where such measures are insufficient, SARA will
provide the federal government with the authority to protect critical habitat
anywhere in the country.
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Council Minutes
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April 25, 2000
SARA will also enable compensation to be paid to landowners and land
users for losses suffered as a result of unexpected and unusual impacts
from the user of prohibitions against alteration or destruction of identified
critical habitat. Mr. Anderson is hoping that he can count on the
Municipality of Clarington's support as a municipal representative to meet
our responsibility to the world and to future generations to protect our
wildlife and species at risk.
(Received for Information)
Helen Johns, Minister of Citizenship, Culture and Recreation, inviting the
Municipality of Clarington to participate in the Community Action
A wards. The Province of Ontario recognizes individuals who have
endeavoured to improve the lives of persons with disabilities and make
Ontario a better place. Each spring fifteen Ontarians are chosen to receive
the Community Action Award. These individuals will have made a
significant contribution to their communities by promoting integration and
independence, or will have shown commitment and dedication to
developing the integration and independence, or will have shown
commitment and dedication to developing the potential of persons with
disabilities and improving their quality of life. As in past years, recipients
will be people who have shown leadership in preventing and removing
barriers that impede the full participation of persons with disabilities in
our society and economy. The deadline for returning nomination forms is
Friday, May 5, 2000.
(Received for Information)
Tony Clement, Minister of Municipal Affairs and Housing, advising
Council that he is introducing legislation that would establish rules
relating to questions on municipal ballots and make the results of such
questions binding on local councils if voter turnout was sufficient. This
government feels that putting questions on municipal ballots is a means of
improving accountability and public trust in government. This bill is
therefore intended to strengthen the role of voters in the local democratic
process. The Direct Democracy Through Municipal Referendums Act,
2000 also builds on the initiatives of the Fewer Municipal Politicians Act,
1999, so it addresses reform in other municipalities as well.
(Received for Information)
Minutes of the Central Lake Ontario Conservation Authority meeting
dated April 18, 2000. (A copy of the correspondence is attached to the
Summary of Correspondence.)
(Receive for Information)
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Council Minutes
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April 25, 2000
The Corporation of the Township ofUxbridge, advising Council that the
Township ofUxbridge passed the following resolution:
"THAT the recommendation passed by the Council of the
Township ofUxbridge at its meeting held on March 27, 2000, Item
9(a) Other Business pertaining to the Provincial Offences Act,
1997 be rescinded:
NOW THEREFORE IT BE RESOL VED THAT:
1. That the Township ofUxbridge enter into an intermunicipal
service agreement with the Region of Durham and the area
municipalities in the Region of Durham to provide for the
administration of the Provincial Offences Act on the basis
of:
(a)
the Regional Municipality of Durham being the sole
service provider for the administration of the
Provincial Offences Act in the Region of Durham;
(b) The net revenue from the Provincial Offences Act
service being split between the Region of Durham
and the area municipalities, with distribution
amongst the eight area municipalities being based
on taxable assessment, as follows:
Year Region % Area Municipalities
%
1998 50 50
1999 50 50
2000 & on 40 60
2. That the Mayor and the Clerk be authorized to execute the
intermunicipal agreement on behalf of the Township and
any other documentation necessary to finalize the
Provincial Offences Act transfer;
3. The Region of Durham and the area municipalities be
advised accordingly; and
4.
That the foregoing approval is conditional on the Region
and all area municipalities agreeing to its terms and that no
further discussions or negotiations will take place.
(Received for Information)
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Council Minutes
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April 25, 2000
Association of Municipalities of Ontario, introducing Direct Democracy
through Municipal Referendums Act, 2000. Minister Clement has
introduced new legislation, Bill 62, that deals with a number of issues,
including:
. Provisions for a binding municipal referendum (council initiated,
not voter initiated)
. The elimination of the provision that would allow 75 electors to
petition the Minister to appoint a restructuring commission
. Greater discretion to the Minister in defining the area subject of a
restructuring commission, to make the area larger or smaller
. The ability to maintain the different tax ratios between residential
and other property tax classes when separated municipalities and
countries amalgamate
. The direct-election of council in the Region of Waterloo and
reduction of the size of local councils
. New Provisions and changes to the Fewer Municipal Politicians
Act, 1999 as it relates to the recent restructuring in four regions,
and includes the repeal ofthe power for Cabinet to amend any Act
(generally referred to as the Henry VIII clauses)
(Received for Information)
Association of Municipalities of Ontario, clarifying what is "Within the
Municipal Jurisdiction". In response to Minister Clement's introduction
of municipal referendum legislation, AMO President Michael Power said,
"Credibility, accountability and consistency and the wise use of taxpayer's
dollars cannot be achieved by this legislation if we cannot clarify for the
public and ourselves what is within the municipal jurisdiction. If this is to
be done on a case-by-case basis as the Minister has stated, then there will
be greater confusion and frustration for the public and the two orders of
government." There is an overwhelming need to complete the job of
setting out what is a provincial versus a municipal government
responsibility. AMO has asked the province to not proceed with this
legislation until the credibility and value of the province-wide referendum
legislation is proven. Municipal government leads all orders of
government in terms of direct access, openness and accountability. At the
municipal level, public consultation is carried out as good practice.
(Received for Information)
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Council Minutes
COMMUNICATIONS
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Fire/Emergency
Training
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FCM-CH2M
Award
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April 25, 2000
Milt Wilson, Fire Chief, City of Os haw a, advising that the Council ofthe
City of Oshawa passed the following recommendation regarding Fire and
Emergency Services training:
"THAT Council supports the concept of a jointly managed training
facility and that this recommendation is forwarded to all Durham
municipal councils seeking their participation in a feasibility study
of the concept."
Resolution #C-212-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I - 7 be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-213-00
Moved by Councillor Novak, seconded by Councillor Schell
THAT the foregoing Resolution #C-212-00 be amended by adding the
following thereto:
"and that the correspondence be referred to the Fire Chief for review
and comment back to Milt Wilson, Fire Chief, City of Os haw a."
"CARRIED"
The foregoing Resolution #C-212-00 was then put to a vote and "CARRIED
AS AMENDED."
Sam Synard, President, Federation of Canadian Municipalities,
encouraging the Municipality of Clarington to apply for the FCM-CH2M
Sustainable Community A ward. The Federation of Canadian
Municipalities (FCM) and CH2M Hill, one of North America's leading
engineering and environmental services firms, are proud to recognize
excellence in municipal service delivery that contributes to a sustainable
future. Municipal governments can be key players in global efforts to
protect out climate. Sharing municipal best practices makes good
economic sense too.
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Council Minutes
COMMUNICATIONS
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District Health
Council
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Safe Streets
Act, 1999
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April 25, 2000
Building retrofits, more effective water treatment and distribution, waste
reduction, improved fleet management, innovative policies and by-laws,
etc., can help reduce municipal operating costs, while having a positive
impact on the environment. They encourage municipal governments of all
population sizes to apply for the FCM-CH2M Sustainable Community
A ward. Winners will receive prizes that help advance sustainable
development in their communities. Application forms must be received
by FCM no later than April 28, 2000.
Resolution #C-214-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item 1- 27 be received for information.
"CARRIED"
Gary Lounsbury, Chair, District Health Council, sending Council a copy
of their inaugural newsletter. The Council is committed to communicating
with the many stakeholders within the District Health Council's
geographic planning area and their newsletter is one venue that they hope
will assist in disseminating information about Council and its activities.
Resolution #C-215-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I - 28 be received for information.
"CARRIED"
James M. Flaherty, Attorney General, Minister Responsible for Native
Affairs, regarding the Safe Streets Act, 1999, which he understands has
given rise to certain concerns in some municipalities. This legislation
forms part of the government's overall commitment to ensuring that the
people of Ontario can feel safe in their communities, streets, cars and
homes. It fulfills their Blueprint promise to stop aggressive solicitation
and squeegee activity and to protect and maintain people's ability to use
public places in a safe and secure manner. The Highway Traffic Act has
always made it an offence for someone, while on a roadway, to stop or
attempt to stop a vehicle to offer or provide any commodity or service to
anyone in the vehicle. The Safe Streets Act simply adds that it is an
offence to approach a vehicle to offer a commodity or service, or to solicit
for money while on a roadway.
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Council Minutes
COMMUNICATIONS
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April 25, 2000
It does not prevent someone from soliciting money in a non-aggressive
manner from people in vehicles, if the person soliciting is positioned on a
sidewalk, shoulder, boulevard, median or other place that is not a
roadway. This government appreciates the valuable contributions
voluntary organizations make to the quality of life in the province and
recognizes how much these activities contribute to the well-being and
strength of Ontario communities. He continues to encourage charities to
work with local police services in advance of their activities so that
charities' activities are in compliance with the Safe Streets Act and the
Highway Traffic Act.
Resolution #C-216-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT Correspondence Item I - 29 be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-217-00
Moved by Councillor Schell, seconded by Councillor Novak
THAT the foregoing Resolution #C-216-00 be amended by adding the
following thereto:
"and that a copy of the correspondence be forwarded to
Community Care and to the Durham Regional Police Department."
"CARRIED"
The foregoing Resolution #C-216-00 was then put to a vote and
"CARRIED AS AMENDED."
Resolution #C-218-00
Moved by Councillor Schell, seconded by Councillor Novak
THAT the Correspondence Items be approved as per the agenda with the
exception ofItems D - 1 and D - 5 through D - 10, inclusive.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D- 2
T02.GE
D - 3
T02.GE
- 17-
April 25, 2000
Nancy Savoie, 3 Downham Drive, Bowmanville, Ll C 4G8, advising of
concerns regarding residential parking in her own and several other
neighbourhoods. Several neighours have recently received a ticket for
being illegally parked on their street. They had not left a one meter
requisite distance at either end of their vehicle and thus were too close to
their own driveways. The span between driveways on their street is
inadequate for anything bigger than a motorcycle or small vehicle to
legally park. Ms. Savoie feels this by-law is unjust, unfair, and if one is a
tourist this is not a very welcoming gesture. Having said all the above she
must also stress that no signs are posted informing people ofthe by-law
for this offence. She doubts most residents could recite or memorize all
the by-laws that are on the books in our municipality. She urges the
Mayor and Council to consider changing or ridding the books of this by-
law. She suspects other neighbourhoods have the same problem with this
particular by-law concerning parking. By-laws should serve a practical
and/or safety oriented purpose and not be just a revenue generating
opportunity or a perceived eyesore and nuisance to neighbours.
(Correspondence referred to the Senior
Municipal Law Enforcement Officer)
Norman R. Johnston, 30 Farncomb Crescent, Bowmanville, LlC 4L5,
regarding on-street parking between 3:00 a.m. - 5:00 a.m. Mr. Johnston
has a few questions and concerns about street parking:
1. Where were our "ticket police" during the winter months when
they have to worry about snow removal?
2. Why would the town allow for such a small amount of parking
space near their parks? Elephant Park and Barley Mills are just
two parks that come to mind.
3. Why do our town planners allow builders to construct "single car"
garages which are only useful if you have the smallest car on the
market, and then only if you are a contortionist.
4. He frequently stops at North End Market on Liberty Street.
About two years ago the owners provided a safe, off street
parking lot, for their customers. In front of the store on the light
stand, there is a "No Parking" sign, yet he has never seen nor
heard of anyone receiving a ticket for parking in front of the store!
Why is this?
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Council Minutes
COMMUNICATIONS
D-4
M06.GE
.
D -1
Fireworks Display
M02.GE
.
- 18 -
April 25, 2000
5. Which by-law is being broken by overnight parking on our
streets? There is no sign on his street indicating that parking is
prohibited. Without signage how is one to know if parking is
prohibited?
(Correspondence referred to the By-law
Enforcement Division and the Public Works
Department)
Mark R. Joly, Vice Principal, St. Stephen's Secondary School, requesting
permission to hold a walk-a-thon, Thursday, June 1,2000. This event
would begin at approximately 9:00 a.m. with staff and students proceeding
north on Middle Road in a staggered fashion. They would walk 5 km.
North, just before Taunton Road, turn around, and retrace their path,
heading south on Middle Road to St. Stephen's. They anticipate that
everyone would be back to the school by 12:00 noon for a barbecue and
spirit activities. Mr. Joly has been in touch with Mr. Baker, Traffic Co-
ordinator. They have discussed the route and Mr. Baker has advised him
that they must acquire approval from both the fire and police departments.
A proposal to the Clarington Fire Department and the Durham Regional
Police has been made.
(Request approved provided the organizers
apply for and obtain a road occupancy
permit for the Public Works Department)
Sherry Bonazza, President, Darlington Soccer Club, requesting that an
alternative location be found to hold a fireworks display. It has been
brought to their attention that the Municipality of Clarington will be
holding a fireworks display at the Darlington Soccer fields on May 22,
2000. They feel that a community fireworks display is a terrific idea,
however they do have a few reservations regarding the venue. For the past
4 years their club has been paying for a regular field maintenance at the
Darlington fields. This past year, for example, they paid close to $12,000
to aerate, fertilize, seed, sod, roll, sand and for extra cuts, so the fields will
be in tip top shape. They did some extra maintenance this past fall, in the
hopes that the fields will be in extremely good shape for the Ontario 2000
Games. They are proud of the fields, and of their municipality and are
trying to assist in any way they can. All money put into these fields have
been raised by their club's fundraising, and the sheer hours of volunteer
work to raise the funds shouldn't be ignored. Their concerns are that all
the work put into these fields over the past few years could be negated by
the number of people attending the fireworks display, especially if there is
rain beforehand and the fields are soggy. They do not have a watering
system for the fields, so they have been trying to lighten the soil through
aeration and sanding, which will enable a deeper root growth.
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Council Minutes
COMMUNICATIONS
D - 5
Development
Charges Act
Complaint
F21.DE
- 19-
April 25, 2000
If the conditions are right, lawn chairs, blankets and thousands offeet
could set them back immeasurably.
Resolution #C-219-00
Moved by Councillor Schell, seconded by Councillor Novak
THAT Correspondence Item D - 1 be referred to the Director of Public
Works and the Marketing and Tourism Officer.
"CARRIED"
Robert G. Doumani, Aird & Berlis, Barristers and Solicitors, filing a
complaint in accordance with Section 20 of the Development Charges Act.
Aird & Berlis are counsel to Ridge Pine Park Inc. which owns and
operates Wilmot Creek, a retirement lifestyle community in the
Municipality ofClarington. On February 28, 2000, his client submitted
applications for building permits to allow five units at Wilmot Creek.
Subsequently, his client received a letter from David Crome dated
February 25, 2000, stating that units at Wilmot Creek are now going to be
treated by Clarington as "single detached dwellings" for the purposes of
Development Charge By-law 99-125 and charged a development charge
of $5,458.00 per unit, as opposed to the $615.00 rate applied by the
Municipality to every other unit at Wilmot Creek to date, in accordance
with the terms of an Agreement entered into between RP.P.r. and the
Town of Newcastle in 1981. The position taken by the Municipality not
only contravenes the specific terms of the 1981 Agreement and the
provisions of the 1989 Act and O. Reg 82/98, but, in addition, contravenes
the well established and consistent practice of the municipality over the
past several years in dealing with numerous similar or virtually identical
building permit applications at Wilmot Creek. His client has relied on this
consistent (and correct) practice on the Town's part and has entered into
agreements to sell these latest five units, and six others for which permit
applications have yet to be submitted are pending, on the understanding
that a development charge of$615.00 would be required in accordance
with the terms of the 1981 Agreement. The municipality is estopped by its
past conduct in this matter from taking the position it now takes and
purporting to charge the higher rate, which rate, they note, they have
appealed to the Ontario Municipal Board and which will be the subject of
a hearing before the Board in the fall.
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Council Minutes
COMMUNICATIONS
D- 6
Canada Day
2000
M02.GE
D -7
Adult Entertainment
Parlours
CIO.MO
- 20-
April 25, 2000
Resolution #C-220-00
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D - 5 be referred to the end of the agenda to
be considered during a "closed" session in order to receive legal advice
from the Solicitor.
"CARRIED"
John Fletcher, Committee Member, Canada Day 2000, Orono, requesting
permission to rent the Orono Park Swimming Pool for the afternoon of
Saturday, July 1,2000, to provide free swimming to the many visitors who
they expect to attend their parade through the Village to the Orono Park.
They are also requesting that the municipality waive any parking fees that
might be imposed during the event.
Resolution #C-221-00
Moved by Councillor Trim, seconded by Councillor Mutton
THAT Correspondence Item D - 6 be referred to the Director of
Community Services for review and preparation of a report back to the
General Purpose and Administration Committee.
"CARRIED"
RJ. Douglas, Town Clerk, Town of Richmond Hill, advising that the
Council of the Town of Richmond Hill on April 3, 2000, passed the
following resolution:
"WHEREAS, the Council of the Town of Richmond Hill has
considered the views of the ratepayers and electors of the Town on
the subject of businesses which offer adult entertainment services
within the Town; and
WHEREAS, the Council of the Town of Richmond Hill has
determined that it is contrary to the public interest to allow the
operation of businesses which offer adult entertainment services
anywhere within the Town of Richmond Hill; and
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Council Minutes
COMMUNICATIONS
- 21 -
April 25, 2000
WHEREAS, the Supreme Court of Canada has confirmed that, as a
matter of common law, it is not open to a municipality to prohibit
absolutely a class of lawful business from operating anywhere
within the municipality, and has further confirmed that adult
entertainment services can constitute lawful business activities;
and
WHEREAS, by virtue of the common law as aforesaid, the
Council of the Town of Richmond Hill is unable to give effect to
the clear public interest in prohibiting businesses which offer adult
entertainment services from operating within the Town of
Richmond Hill;
NOW THEREFORE the Council of the Town of Richmond Hill
does hereby resolve that:
1.
The Legislature of the Province of Ontario is hereby
requested to consider the enactment of an amendment to
Section 225 of the Municipal Act, RS.O. 1990, c.MA5, as
amended, so as to authorize the council of a local
municipality, at its option, to prohibit the establishment of
businesses which offer adult entertainment services at any
location within the municipality if such a prohibition is
deemed to be within the public interest, by by-law duly
enacted for that purpose.
2. This Resolution shall be forwarded to the councils of all
municipalities in the Province of Ontario which have a
current population of 30,000 or more, together with a
request that those municipalities consider the enactment of
a similar resolution requesting the Provincial Legislature to
enact the statutory amendment described above."
Resolution #C-222-00
Moved by Councillor Mutton, seconded by Councillor Schell
THAT the foregoing resolution of the Town of Richmond Hill regarding
adult entertainment services be endorsed by the Council of the
Municipality of Clarington.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D- 8
Cultural Clubs
CIO.MO
- 22-
April 25, 2000
Association of Municipalities of Ontario, advising Council of the
resolution passed by the City of Weiland as follows:
"WHEREAS cultural clubs and non profit halls were previously
assessed for property tax purposes under residential rates; and
WHEREAS present legislation has changed the assessment class
applied to culture clubs and non profit halls from residential to
commercial; and
WHEREAS this change has resulted in property tax increases to
cultural clubs and non profit halls in the order of 2 to 2.5 times
more than previous; and
WHEREAS this additional cost results in significant losses in
funding available for local worthy causes;
THEREFORE BE IT RESOLVED that Weiland City Council
petition the Province of Ontario to amend assessment legislation to
include cultural clubs and non profit halls in the assessment
classification for non profit serve organizations and non profit
private clubs for the purposes of exempting cultural clubs and non
profit halls from paying commercial tax rates; and
THAT this resolution be circulated to AMO and all municipalities
in the Province of Ontario for their endorsement."
Resolution #C-223-00
Moved by Councillor Schell, seconded by Councillor Trim
THAT Correspondence Item D - 8 be referred to the Treasurer for review
and preparation for a report to be submitted to the General Purpose and
Administration Committee.
"CARRIED"
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Council Minutes
COMMUNICATIONS
D -9
Review of
Drainage Act
CIO.MO
- 23-
April 25, 2000
Brian Knott, Director of Legal Services/Clerk, Municipality of Chatham-
Kent, advising that the Council of the Municipality of Chatham-Kent on
April 3, 2000, passed the following resolution:
"THAT the Provincial Government has initiated a review of
Sections 85 to 90 of the Drainage Act dealing with grants. This
review could result in grants being eliminated totally, partially, or
not at all.
AND WHEREAS the Drainage Act has remained in its present
state since approximately 1982. Grants paid by the Ministry of
Agriculture, Food and Rural Affairs are applied to properties that
are deemed to be agricultural. These grants have been essential in
helping farmers to maintain and or improve their crops production.
AND WHEREAS there are areas in Ontario, particularly in
southwestern Ontario, that are at lake level or below. An extensive
system of pumped drainage schemes and dykes has created an
infrastructure to which on-going maintenance is critical. The
protection provided by these schemes transforms otherwise
marginal farmland into some of the most productive land in
Ontario.
AND WHEREAS fuel prices are now at all time highs and
commodity prices are unacceptably low, Ontario farmers face a
difficult economic situation. Fertilizer, machinery, chemical and
seed prices continue to drive up the price of production. Grants
have been a dependable constant for many years. In these difficult
and challenging times for the agricultural community, it is
imperative that these grants be continued.
AND WHEREAS the potential reduction or elimination of the
grant program will have lasting negative effects on the
infrastructure necessary to the agricultural community.
THEREFORE BE IT RESOLVED THAT the Corporation of the
Municipality of Chatham-Kent petition the Government of the
Province of Ontario to retain the present Municipal Outlet
Drainage grant program as well as the Tile Loan program without
any reductions.
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Council Minutes
COMMUNICATIONS
D-IO
Message-of-
Support
C07.AD
- 24-
April 25, 2000
AND FURTHER THAT the Corporation of the Municipality of
Chatham-Kent circulate this resolution to all Members of
Provincial Parliament in Ontario, all Municipalities in Ontario, the
Association of Municipalities of Ontario, and the Rural Ontario
Municipal Association, the Canadian Federation of Agriculture and
the Ontario Federation of Agriculture stressing the importance of
and the need for the continuation of the grant programs under the
Drainage Act."
Resolution #C-224-00
Moved by Councillor Novak, seconded by Councillor Young
THAT the foregoing resolution ofthe Municipality of Chatham-Kent with
respect to Section 85 to 90 of the Drainage Act be endorsed by the Council
of the Municipality of Clarington.
"CARRIED"
Carol Bowie and Steve Best, 1999-2000 National Presidents, Kinsmen
Kinette, requesting that the Municipality of Clarington place a "Message-
of-Support" in Kin's national magazine. Service clubs are the heart and
soul of many communities. They raise funds that government dollars
cannot provide; they undertake service projects to meet local community
needs; and they train members and help them learn skills that are
transferable to home, work and other volunteer situations. Our community
is no different. They need our community's support for their annual
"Message-of-Support" campaign so Kinsmen and Kinettes can continue to
provide assistance to the many groups, individuals and organizations that
rely on them. They invest the revenue in their members by providing
leadership training, personal development activities and team-building
opportunities. Strengthening and encouraging members is an excellent
investment because it pays off year after year in increased community
service work. It is our community that will benefit from this investment.
Resolution #C-225-00
Moved by Councillor Schell, seconded by Councillor Novak
THAT the Municipality of Clarington purchase a 1/12 page message of
support in Kin's National magazine, as has been done in previous years.
"CARRIED"
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Council Minutes
NOTICE OF MOTION
- 25-
April 25, 2000
Resolution #C-226-00
Moved by Councillor Trim, seconded by Councillor Mutton
WHEREAS youth and children sometimes find themselves in places and
situations that may create fear and difficult times for them;
WHEREAS youth and children in the downtown areas don't have any
place to seek assistance or protection;
WHEREAS youth, and especially children, have been taught not to speak
or go anywhere with strangers;
THEREFORE BE IT RESOLVED the Council of the Municipality of
Clarington invite merchants and businesses throughout the Municipality to
volunteer to provide assistance and a safe temporary site for our children
and youth during business hours;
THAT the Municipality provide funds up to $5,000 to be drawn from
Account #7007-X-298 for indoor displays and material required for this
project and the project be called:
"We Care About Our Young People"
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Recorded Vote
Declaration of
Council Member Yea Nay Pecuniary Interest Absent
Councillor Mutton X
Councillor Novak X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Councillor Young X
Mayor Hamre X
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Council Minutes
NOTICE OF MOTION
REPORTS
Report # 1
G.P.A. Report
April 17, 2000
Report #2
Special G.P.A.
Report
April 17, 2000
- 26-
April 25, 2000
Resolution #C-227-00
Moved by Councillor Trim, seconded by Councillor Mutton
WHEREAS the world is celebrating the millennium year 2000;
WHEREAS there are many special organized events to mark this time in
our history;
WHEREAS Clarington is holding the "Back Yard Festival" which
commences on April 29th with the Clarke Museum's 30th Anniversary and
ending with a huge fireworks display on May 22, 2000;
THEREFORE BE IT RESOLVED that Clarington's Council encourage all
property owners within Clarington to plant a tree of their choice to mark
this milestone and if possible make it a family event.
"CARRIED"
Resolution #C-228-00
Moved by Councillor Novak, seconded by Councillor Schell
THAT the actions taken by the General Purpose and Administration
Committee on April 17, 2000, be approved.
"CARRIED"
Resolution #C-229-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT Report TR-14-00 be received for information;
THAT the 2000 Current Budget which includes the Executive Summary
and external budgets, be approved, with the non-controllable and Priority
#1 items identified on Attachment #1 to Report TR-14-00, with an overall
impact of 0%;
THAT Council give consideration to those items identified as Priority #2
(Library), on Attachment #1 to Report TR-14-00;
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Council Minutes
REPORTS
- 27-
April 25, 2000
THAT the appropriate By-laws to levy the 2000 tax rates for Municipal,
Region and Education purposes be recommended to Council for approval;
THAT Council authorize the following recommendations for the
Clarington Older Adults Association and the Beech Centre;
a) The funding for the approved Capital Project - Elevator at
the Beech Centre from the principal portion of the Older
Adults Capital Reserve Fund;
b) The $40,000 for Clarington Beech Centre included prior to
finalization of the Capital Budget requests, on page 28 of
the Capital Budget, be redirected to the Municipal
operating budget, to assist in the zero percent impact;
c)
The Older Adults additional capital and operating requests
per Attachment #2 to Report TR-14-00 in the amount of
$47,000 be approved (reduced by any Trillium Funding or
other Provincial grants received applicable to these
requests) from the interest portion of the Older Adults
Capital Reserve Fund;
THAT any funds remaining in the Ontario Senior Games Reserve be
available for use on promotional banners, etc. for the upcoming games;
THAT Clarington Library Board, Clarington Older Adults - Beech
Centre, Visual Arts Centre and Museums be advised of Council's actions;
and
THAT the Garbage Reserve be consolidated with the Rate
StabilizationIWorking Funds Reserve.
THAT the 2000 Current Budget submitted for the Mayor and Members of
Council and the Chief Administrative Officer's Department be approved.
THAT the 2000 Current Budget submitted for the Clerk's Department be
approved.
THAT the 2000 Current Budget submitted for the Finance Department and
Unclassified Administration be approved.
THAT the 2000 Current Budget submitted for the Fire Department be
approved.
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Council Minutes
REPORTS
- 28-
April 25, 2000
THAT the 2000 Current Budget submitted for the Public Works
Department be approved.
THAT the 2000 Current Budget submitted for the Community Services
Department be approved.
THAT the 2000 Current Budget submitted for the Planning and
Development Department be approved.
THAT the requests received from the Bowmanville and Clarke Museums
be combined and divided between the two museums equally.
THAT the 2000 Current Budget for the Visual Arts Centre be approved.
THAT the 2000 Current Budget for the Clarington Public Library be
approved.
"SEE FOLLOWING MOTION"
Resolution #C-230-00
Moved by Councillor Young, seconded by Councillor Rowe
THAT the foregoing Resolution #C-229-00 be divided to allow for
consideration of the budget requests of the Bowmanville and Clarke
Museums separately from the remainder of the budget.
"CARRIED"
The foregoing Resolution #C-229-00 was then put to a vote and
"CARRIED ON THE FOLLOWING RECORDED VOTE:"
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Council Minutes
- 29-
April 25, 2000
REPORTS
Recorded Vote
Declaration of
Council Member Yea Nay Pecuniary Interest Absent
Councillor Mutton X
Councillor Novak X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Councillor Young X
Mayor Hamre X
The foregoing Resolution #C-229-00 pertaining to the budget submissions
of the Bowmanville and Clarke Museums was then put to a vote and
"CARRIED ON THE FOLLOWING RECORDED VOTE:"
Recorded Vote
Declaration of
Council Member Yea Nay Pecuniary Interest Absent
Councillor Mutton X
Councillor Novak X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Councillor Young X
Mayor Hamre X
Report #3 Resolution #C-231-00
Future Prospects Moved by Councillor Young, seconded by Councillor Trim
of the Municipality
Clarington THAT Report ADMIN-12-00 be received;
THAT the contents of Report ADMIN-12-00 be approved as the basis of
completion of a Comprehensive Study that would provide Council with all
the necessary information in order to determine the future prospects of
Clarington for the benefit of all its residents;
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Council Minutes
REPORTS
- 30-
April 25, 2000
THAT the Regional Municipality of Durham be advised that Report
ADMIN-l2-00 as approved by Council of the Municipality ofClarington,
represents our response to the Region of Durham pertaining to our local
initiated process dealing with the issue of potential amalgamation or
governance reform; and
THAT a copy of Report ADMIN-12-00 be forwarded to all local
municipalities within Durham Region, the Township of Hope, the Town of
Port Hope, the County of Northumberland, the GT.S.B., Mr. John
O'Toole, M.P.P. and the Honourable Mr. Tony Clement, Minister of
Municipal Affairs and Housing.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Recorded Vote
Declaration of
Council Member Yea Nay Pecuniary Interest Absent
Councillor Mutton X
Councillor Novak X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Councillor Young X
Mayor Hamre X
Councillor Schell stated a pecuniary interest with respect to Report
#SOLIC-2-00 and refrained from discussion and voting on the subject
matter. Councillor Schell indicated that the report deals with Blue Circle
Canada Inc. who is his employer.
Resolution #C-232-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT Report SOLIC-2-00 be received; and
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Council Minutes
REPORTS
- 31 -
April 25, 2000
THAT Council pass a by-law to authorize the Mayor and Clerk on behalf
of the Municipality to execute an agreement to amend the Principles of
Understanding between Blue Circle Canada Inc. and the Municipality of
Clarington dated November 3,1997 to extend the "Unwinding Date" from
April 30, 2000 to May 31, 2000, and on the exchange of written notices by
the Solicitors for the Parties to a date which is not later than June 30,
2000, with all other terms and conditions to remain the same and time to
remain of the essence.
"CARRIED"
Resolution #C-233-00
Moved by Councillor Mutton, seconded by Councillor Young
THAT the confidential verbal report of the Solicitor regarding a legal
matter be referred to the end of the agenda to be considered during a
"closed" session of Council.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-234-00
Moved by Councillor Rowe, seconded by Councillor Young
THAT the delegation of Scott Creed be received;
THAT Mr. Creed be granted an exemption from By-law 93-l6l, a by-law
to prohibit and regulate the keeping of a certain animals within the
municipality, in order to allow for the keeping of exotic animals at his
property located at l50 Tamblyn Road, Orono, Ontario, conditional upon
final approval of the rezoning application for the property; and
THAT Mr. Creed be advised of Council's decision.
"CARRIED"
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Council Minutes
- 32-
April 25, 2000
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-235-00
Moved by Councillor Schell, seconded by Councillor Young
THAT the delegation of Otto Provenzano be received for information; and
THAT Mr. Provenzano be advised of Council's decision.
"CARRIED"
Resolution #C-236-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT leave be granted to introduce the following by-laws and that the
said by-laws be now read a first and second time:
2000-52
being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle
(l138337 Ontario Inc.)
2000-53
being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington
2000-54
being a by-law to establish, layout and dedicate certain
lands as public highways and to assume certain streets
within the Municipality of Clarington as public highways in
the Municipality of Clarington
2000-55
being a by-law to authorize the execution of an Agreement
to amend the Principles of Understanding between Blue
Circle Canada Inc., and the Municipality of Clarington
dated November 3, 1997
2000-56
being a by-law to authorize entering into an Agreement
with 1378115 Ontario Limited of Plan of Subdivision 18T-
89092 and any Mortgagee who has an interest in the said
lands, and the Corporation of the Municipality of
Clarington in respect of l8T -89092
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Council Minutes
BY-LAWS
- 33 -
April 25, 2000
2000-57
being a by-law to appointment members to the Clarke
Museum Board
"SEE FOLLOWING MOTION"
Resolution #C-237-00
Moved by Councillor Schell, seconded by Councillor Young
THAT the foregoing Resolution #C-236-00 be divided to allow for
consideration of By-law 2000-55 separately.
"CARRIED"
The foregoing Resolution #C-236-00, with the exception of By-law
2000-55, was then put to a vote and "CARRIED."
Resolution #C-238-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the third and final reading of By-laws 2000-52 to 2000-54, and
By-laws 2000-56 and 2000-57 inclusive be approved.
"CARRIED"
Councillor Schell stated a pecuniary interest with respect to By-law
2000-55; vacated his chair and refrained from discussion and voting on the
subject matter. Councillor Schell indicated that the by-law deals with
Blue Circle Canada Inc. who is his employer.
Resolution #C-239-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT leave be granted to introduce By-law 2000-55 and that the said
by-law be now read a first and second time:
2000-55
being a by-law to authorize the execution of an Agreement
to amend the Principles of Understanding between Blue
Circle Canada Inc., and the Municipality of Clarington
dated November 3, 1997
"CARRIED"
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Council Minutes
BY-LAWS
OTHER BUSINESS
Regional Update
Committee Boards
Update
- 34-
April 25, 2000
Resolution #C-240-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the third and final reading of By-law 2000-55 be approved.
"CARRIED"
Councillor Mutton advised that the Finance Administration Committee is
just coming out from under the pressures of the budget process which he
felt was one of the most open processes since he has sat on Regional
Council.
Councillor Novak advised that the Health and Social Services Committee
is trying to provide temporary relief for Bethesda House. Also at the
District Health Council members were advised that the Provincial
Government provides funding to the jumbo jails in excess of that provided
for senior citizens.
Councillor Mutton indicated that at the latest Best Practises meeting of the
GTSB a presentation was received on e-commerce and big box
development which outlines growth trends within the Greater Toronto
Area. He also advised that the Clarke Museum is holding its 30th
anniversary celebrations this weekend.
Councillor Novak indicated that the Bowmanville Museum is undertaking
a project on the history of Courtice and requested anyone with historical
information on the area to please contact the museum.
Councillor Rowe distributed to the Members of Council a newly published
visitor's guide which the Friends of Second Marsh have published. On
Saturday, May 6, 2000, in recognition of Pet Awareness Week an open
house is being held at the Animal Shelter and a booth is being set up at Pet
Smart where staff and volunteers will be available for adopting out of
animals. Also on May 6, 2000, the Visual Arts Centre is holding an open
house and Councillor Rowe pointed out an article in the Durham College
Chronicle which indicates that Durham College Art is being displayed in
the Municipal Administrative Centre.
Councillor Schell recently attended a citizenship ceremony which the
Pathfmders held. During this ceremony the participants stated an oath
which they had written themselves on being good and proper citizens.
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Council Minutes
OTHER BUSINESS
- 35 -
April 25, 2000
Councillor Trim advised ofthe following activities:
. The Durham Central Agricultural Fair Board and Kendal Athletic
Association hosted a dance wherein they raised $4100 to be used by
the groups
. April 5, 2000, a general meeting was held to discuss the Orono Sewer
Project
. April 6, 2000, a general meeting was held in Orono to discuss the
Forestry Lands and Mill Pond Project and to select a committee to
work on those projects
. April 8, 2000, Councillor Trim attended the Newcastle Village Gift
Shop open house and tea followed by a skating competition in Orono
and that evening the II th Annual Dinner and Auction of the Ganaraska
Region Conservation Authority
. April 13, 2000, Wilmot Creek Watershed Meeting was held at which
the general public was invited to attend
. The Ganaraska Forest is working on an update of a mutual fire plan
and the municipality's Fire Chief hosted a meeting to get things
underway. The area has been toured in order to familiarise all parties
and work is coming along very nicely in this area
Councillor Young advised that the Tyrone Community Centre has
received a donation from a developer in the area which will be put towards
repairing counter tops in the hall. The Clarke Museum hosted a painting
party in order to prepare for its anniversary party this Saturday from 1 :00
p.m. to 3:00 p.m. Councillor Young extended congratulations to the
businesses who took part in the business exhibition held at the Rickard
Complex last week. He indicated that the response was overwhelming and
next year the group is probably going to be looking for more space.
Resolution #C-241-00
Moved by Councillor Novak, seconded by Councillor Rowe
THAT the meeting be "closed" in order to receive a legal report from the
Solicitor.
"CARRIED"
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Council Minutes
OTHER BUSINESS
- 36-
April 25, 2000
Resolution #C-242-00
Moved by Councillor Novak, seconded by Councillor Schell
THAT the actions taken during the "closed" session of Council be
confirmed.
"CARRIED"
Moved by Councillor Trim, seconded by Councillor Mutton
THAT the confidential verbal report of the Solicitor pertaining to the
public hearing held in accordance with Section 20 ofthe Development
Charges Act 1997 be received for information; and
THAT Correspondence Item D - 5 from Robert Doumani submitting a
complaint pursuant to Section 20 of the Development Charges Act on
behalf of Wilmot Creek be received for information; and
THAT David Rice, Kim Kovar and Robert Doumani be advised of
Council's decision.
"CARRIED"
CONFIRMING BY-LAW
Councillor Schell stated pecuniary interests earlier in the meeting and
refrained from discussion and voting on the confirming by-law.
Resolution #C-243-00
Moved by Councillor Mutton, seconded by Councillor Trim
THAT leave be granted to introduce By-law 2000-58 being a by-law to
confirm the proceedings of the Council of the Municipality ofClarington
at this meeting held on the 25th day of April 2000, and that the said
by-law be now read a first and second time.
"CARRIED"
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Council Minutes
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-244-00
- 37-
April 25, 2000
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the third and final reading of By-law 2000-58 be approved.
Resolution #C-245-00
"CARRIED"
Moved by Councillor Young, seconded by Councillor Schell
THAT the meeting adjourn at 10: l5 p.m.
"CARRIED"
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