HomeMy WebLinkAbout09/28/1998MUNICIPALITY OF
ONTARIO
DATE: SEPTEMBER 28,1998
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURE OF PECUNIARY INTEREST
ADOPTION OF MINUTES
Minutes of a special meeting of Council held on September 14, 1998;
Minutes of a regular meeting of Council held on September 14, 1998; and
Minutes of a special meeting of Council held on September 21, 1998.
PRESENTATION
Clarington Green Gaels, Winners of the 1998 Founder's Cup.
DELEGATIONS
1 Nicky Barnes and Chris Kreasul, 41 Living Court, Courtice, LIE 2V6 — Coultice
Teen Centre — Update of Activities;
2. Valerie Dostie, 707 Waverley Road South, Bowmanville, LIC 3K3 — Blue Circle
Cement Inc.;
3. Representative of the Clarington Firefighters Association — Personnel Matter;
4. Brian Demelo, 27 Elephant Hill Drive, Bowmanville — Report CD-47-98;
5. Michele Thompson, 22 Stanford Crescent, Newcastle — Report CD-48-98; and
6. Rosalind Paton, c/o 22 Stanford Crescent, Newcastle — Report CD-48-98.
COMMUNICATIONS
MOTION
NOTICE OF MOTION
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
46 TEMPERANCE STREET - BOWMANVILLE «ONTARIO - Ll 0 3A6 - (905) 623 -33'79 - FAX 623-4169 RECYCLED PAPER
Council Agenda - 2 - September 28, 1998
REPORTS
1. General Purpose and Administration Committee Report of a special meeting held
on September 21, 1998;
2. Report CD -47 -98 — Declaration of Vicious Dog — Demelo; and
3. Report CD -48 -98 — Declaration of Vicious Dog — Thompson.
UNFINISHED BUSINESS
BY -LAWS
OTHER BUSINESS
a) Regional Update
b) Committee /Boards Update
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF CORRESPONDENCE
SEPTEMBER 28,1998
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I —1 Minutes of a meeting of the Newcastle Community Hall Board held on
August 12, 1998.
(Receive for Information)
I - 2 Ms. Christine Jones, Project Manager, Take Our Kids to Work, writing to advise
that preparations for Wednesday, November 4, Take Our Kids to Work Day, are
gathering momentum and enclosing a copy of the Work Place Guide for the
project.
(Receive for Information)
1-3 Mr. Mery K. Bowen, Regional Assessment Commissioner, writing to advise that
the Minister of Finance has announced that he intends to introduce legislation that
would, if passed, extend the deadline to appeal property assessment to
October 30, 1998. Opposition parties have indicated they would support this
extension. The legislature is scheduled to resume on September 28, 1998 and
legislation will be introduced as soon as possible after that date. In the meantime,
the Assessment Review Board will continue to receive appeals of assessment.
(Receive for information)
I — 4 Minutes of a meeting of the Newcastle Community Hall Board held on
September 1, 1998.
(Receive for Information)
1-5 News Release received from Fisheries and Oceans Canada advising that the
Federal Department of Fisheries and Oceans announced a new collaborative
arrangement with local Conservation Authorities that will enhance the protection
and conservation of fish habitat. The Otonabee, Kawartha and Ganaraska Region
Conservation Authorities signed the work - sharing agreement that will see the
Conservation Authorities providing local review of development plans that
involve fish habitat.
(Receive for Information)
1-6 Media Notice from the Education Improvement Commission advising that
Co- chairs Dave Cooke and Ann Vanstone and the Commissioners of the
Education Improvement Commission will hold public consultations about the role
of school councils in 22 Ontario locations between September 22 and October 7,
1998, between 7:00 p.m. and 8:30 p.m. A meeting is scheduled to be held in the
Bobby Orr Room of the Oshawa Civic Auditorium, 99 Thornton Road South on
Tuesday, September 29, 1998.
(Receive for Information)
Summary of Correspondence - 2 - September 28, 1998
1-7 Central Lake Ontario Conservation Authority Minutes No. 6 — Executive
Committee Meeting held on Tuesday, September 1, 1998.
(Receive for Information)
1-8 Media Release received from Margaret Rodgers, Curator Director, Visual Arts
Centre, announcing the winners of the Eighteenth Annual Juried Fine Arts
Exhibition. Awards will be presented Sunday, October 4, 1998, at 1:30 p.m.
Twelve artists will receive cash and honourable mentions with the Kinsmen
sponsored Best in Show award going to Bowmanville's Tia Bourne. Others
receiving awards are Bruna Franceschini, Charles Cooper, Alan Yuill,
Shelagh Gay, Mary Talbot Elliott, Nedda Zaharelos and Ryan Price. Honourable
Mentions include Richard Delany, Rose Hirano, Guy Parrotta and Tammy
Ratcliff.
(Receive for Information)
I — 9 Municipal Update received from Stikeman, Elliott, regarding a special AMO
Conference Issue, entitled "User Fees? Not So Fast."
(Receive for Information)
I — 10 Mavis Carlton expressing her appreciation for the help of staff members
Fred Horvath, Lou Ann Birkett, Sheila Roman, Larry Taylor, Rob Groen and
Jennifer Cooke, for their assistance on Friday evening, September 18, 1998, in
readying the renovated Clarington Beech Centre for the Open House and
Fundraising Dinner and Dance at the Clarington Older Adult Association.
(Receive for Information)
I — 11 Evylin Stroud advising that Mayor Harare's suggestion of staff reporting back to
Council on the possibility of developers posting a financial letter of credit to
guard against the clear cutting of trees on land to be developed, is an excellent
one. Unfortunately there is a segment of our population who do not react to moral
persuasion. You appeal to their social or environmental conscience and it falls on
deaf ears. However, if a financial penalty is imposed these people pay heed. A
lot of developers fall into this category. This is not surprising because they are in
the money business. So the real threat of losing money might discourage them
from such acts of environmental vandalism that we have, unfortunately,
experienced in Clarington. As well, one of the difficulties of the Woodlot
Preservation Act is that the ridiculously small maximum penalty is imposed by
provincial legislation. Hopefully, there wouldn't be a similar stricture on letters
of credit.
(Receive for Information)
Summary of Correspondence -3 - September 28, 1998
CORRESPONDENCE FOR DIRECTION
D — 1 Janet Georgieff, Executive Director, The Lung Association, advising that the
Lung Association is one of Canada's oldest health charities and the Durham
Region office serves thousands of Durham residents each year. As they launch
their annual Christmas Seal Campaign, she requests that Clarington Council
proclaim November 1998 as Lung Awareness Month.
(Motion to Proclaim)
D-2 Muriel Moynes, Secretary, Clarington/Newcastle Block Parents, advising that
Block Parents are celebrating 30 years of safer communities. Each year, one
week in October is designated as Block Parent Week throughout Canada and
communities are asked to help promote the Block Parent program and to create a
safe community for all citizens. Accordingly, she requests that Clarington
Council proclaim the week of October 25 — 31, 1998 as Block Parent Week in the
Municipality of Clarington. Also, in recognition of the week, she requests an
official Block Parent Flag Raising at the Town Hall on Monday, October 26,
1998, at 9:30 a.m., with the flag to remain raised for the duration of Block Parent
Week.
(Motion to Proclaim)
D — 3 P.M. Madill, Regional Clerk, Regional Municipality of Durham forwarding
correspondence received from Brenda Clark, Acting Assistant to the Clerk,
County of Simcoe, requesting Council's endorsement of the following resolution:
"WHEREAS Bill 99, An Act to Review the Workers' Compensation Act enacts
the Workplace Safety and Insurance Act, 1997 effective January 1, 1998 and
renames the Workers' Compensation Board to the Workplace Safety and
Insurance Board, brought forth detrimental changes to the regulations affecting
Volunteer Fire Fighters in the Province of Ontario and the many communities
where volunteer fire fighters proudly and effectively serve;
BE IT THEREFORE RESOLVED THAT the County of Simcoe petition the
Province of Ontario to immediately consult with the Ontario Office of the Fire
Marshal and retroactively reinstate the compensation benefits previously provided
to the volunteer fire fighters;
AND FURTHER THAT the Workplace Safety and Insurance Board clearly
establish the return to work provisions for volunteer fire fighters;
AND FURTHER THAT a copy of this resolution be passed to all Counties and
Regions in the Province of Ontario and the Association of Municipalities of
Ontario."
(Motion for Direction)
Summary of Correspondence - 4 - September 28, 1998
D-4 Marg Maciver, Chair and Sally Barrie, Administrator, Clarington Community
Care, advising that October has been designated as Community Care Awareness
Month in the Region of Durham and across the province. Their goal is to
heighten awareness of Community Care's programs and services which are
available across the municipality and to recruit volunteers to help meet the ever
increasing needs in Clarington. On behalf of Clarington Community Care, they
are asking that the Municipality of Clarington proclaim October as Community
Care month in our community.
(Motion to Proclaim)
D — 5 Janice Harrison, Manager, Secretariat Services, Town of Markham, requesting
Council's consideration of the following resolution passed by the Council of the
Town of Markham on August 18, 1998:
"RESOLVED THAT the presentation of Regional Councillor T. Wong with
respect to ethnic violence in Indonesia, be received;
AND THAT the Council of the Town of Markham endorses the following
statement of the Canadians concerned about Ethnic Violence in Indonesia to
request the Canadian Government:
1. To express to the Indonesian government and the international community
Canada's condemnation of the widespread violence including sexual
violations targeting the ethnic Chinese minority in Indonesia;
2. To call on the Indonesian government to respect human rights and to take
immediate action to stop the atrocities directed against the ethnic Chinese
minority as well as to guarantee their immediate protection;
3. To call on Indonesian government to:
a) Conduct an independent investigation into all aspects of the
systemic violence committed against ethnic Chinese, including the
role of the Indonesian police and the military in such acts of
violence;
b) Bring those individuals and organizations responsible for the
violent acts to justice;
4. To suspend Canada's foreign aid and other related assistance to
Indonesia until Canada's demand for action is met by the Indonesian
Government;
Summary of Correspondence - 5 - September 28, 1998
5. To undertake the necessary concrete measures to assure the safety of the
victims of the ethnic violence and of all those who are still at risk,
including the facilitation of visitor visa applications for Chinese
Indonesians who wish to seek temporary reprieve from the violence in
their home country; and
6. To designate Indonesia as a source country of refugees.
AND THAT the Municipalities and M.P.'s in the Greater Toronto Area, the
Ontario Human Rights Commission, the Canadian Human Rights Commission
and the United Nations be so advised."
(Motion for Direction)
D-6 Town of Gravenhurst Mayor and Council advising that Gravenhurst Council
passed the following resolution asking the Province of Ontario to make
amendments to the OMB Appeal process and/or the Planning Act because of the
potential for abuse of the process. Council expressed their concerns about the
efficiency and speed of the process related to OMB hearings as well as the ability
of individuals to delay or stall the process due to frivolous or vexatious objections
and requests Clarington Council's support with regard to the resolution:
"WHEREAS Council has serious concerns about the efficiency and speed of the
process related to OMB hearings caused by appeals against zoning by -law
amendments adopted by Council;
AND WHEREAS Council believes that objectors should meet a sufficiently high
standard for lodging and justifying such appeals against the decisions of a
democratically elected Council;
AND WHEREAS Council believes that the inefficiency of the current appeal
procedures and the potential for abuses of the process are of concern to most
municipalities in Ontario;
NOW THEREFORE BE IT RESOLVED THAT
1. The Minister of Municipal Affairs consider giving to municipal Councils
the authority to determine that an objection is frivolous, vexatious, or
irrelevant, similar to the authority of the minister regarding subdivision
plan objections;
2. The Planning Act regulation or the Ontario Municipal Board establish a
form for appeals that requires a detailed statement of reasons for the
appeal, so that the OMB may expeditiously determine the adequacy and
relevance of the reasons for an appeal;
Summary of Correspondence - 6 - September 28, 1998
3. The Ontario Municipal Board be directed to use its full authority to
dismiss appeals without a hearing when the appeals are frivolous,
vexatious, irrelevant, or not justified with adequate planning formation
and reasons;
4. The Planning Act be amended to require that an appeal (other than an
appeal by a landowner with respect to Council's refusal to rezone his
property) must be lodged by no fewer than five unrelated individuals or
corporations;
5. Copies of this resolution be sent to the Association of Municipalities of
Ontario with a request for a resolution of support;
6. Copies of this resolution be sent to Bill Grimmett, M.P.P., and to The
Honourable Al Leach, Minister of Municipal Affairs, and to the other
municipalities in Muskoka."
(Motion for Direction)
D-7 Valerie Dostie advising of problems being experienced with Blue Circle Cement
Co. working in the field along the Haul Road adjacent to her home. Since the
beginning of summer she has put up with the very loud noise from the giant earth
moving machines along with bad dust and very strong diesel fumes from the
machines. At times the noise and fumes are so bad she has had to bring her
children into the house and close the windows. The work would start at 7:00 a.m.
and finish at 7:00 p.m., sometimes 7 days a week. Mrs. Dostie has -called Blue
Circle many times as well as Local and Regional Councillors, the By -law
Enforcement Officer, John O'Toole, M.P.P.'s office and Rod Adams from the
Ministry of the Environment. The exemption from the Noise By -law which Blue
Circle Cement Co. enjoys, is putting her family's health in jeopardy and she is
requesting that some guidelines be put in place to protect her family.
(Motion for Direction)
Summary of Correspondence - 7 - September 28, 1998
D-8 Evelyn R. Smith, Interim Executive Director, Victorian Order of Nurses, Durham
Region Branch, advising that she has been informed that the VON is no longer
eligible for a Nevada Licence within the Municipality of Clarington because it is
not a home -based organization. The Victorian Order of Nurses, Durham Region
Branch has been fortunate to have a licence in Orono at Noone's for the past few
years. As Council is aware, VON is a charitable not for profit community based
visiting nursing organization and the VON Durham Region Branch provides care
to the entire Region of Durham. It is not financially feasible to have a home base
in each municipality, but VON does provide services to numerous residents
within the Municipality of Clarington. She questions whether there is a
possibility of no new licences being issues but that the existing ones be
grandfathered.
(Motion to advise of eligibility of a
Provincial licence)
D-9 A Proposal to the Municipality of Clarington to provide the best care improving
the lives of children and youth with Type I Diabetes. The Centre is requesting
that the Municipality of Clarington give thoughtful consideration to a gift of
$5,000, the funds to be directly used for the continuance of the Best Centre's
ongoing program to improve diabetes management, education and support the
children and their families.
(Motion to advise of the municipal grant policy)
D —10 Paul Brace, Manager of Planning, English- Language Public District School Board
No. 14, advising that the School Board has just recently become aware of an
Ontario Municipal Board Pre - Hearing Conference regarding Plan of Subdivision
18T -92014 — Northeast Courtice. The School Board is concerned that adequate
provision has not been made for a school site. Courtice area schools are already
over capacity with approximately 32 portables. We have written the municipality
regarding this issue a number of times dating back to 1992. The plan as it
currently exists provides for less than half a school site. Since we just became
aware of the draft plan conditions and the Ontario Municipal Board Pre - Hearing,
one meeting has been held with the landowner and one meeting with Municipal
Staff to explore solutions. They are asking the Ontario Municipal Board to
adjourn the Pre - Hearing for approximately 30 days to allow further discussion
with the developer and staff. He is requesting that Council defer approval of the
draft plan conditions for Subdivision 18T -92014 (Staff Report PD- 107 -98 — Item
#8 of Report #1) for approximately three weeks. He says that the following
conditions that were set for the Robinson Ridge Development in Southwest
Courtice in the recent past, that would also be applicable to the subject
development:
SUMMARY OF BY -LAWS
SEPTEMBER 28,1998
BY -LAWS
98 -141 being a by -law to amend By -law 98 -9, a by -law to appoint Members to the
Bowmanville Museum Board (Approved by Council June 29, 1998);
98 -142 being a by -law to amend By -law 98 -1, a by -law to appoint Members to the
Clarke Museum Board (Approved by Council June 29, 1998);
98 -143 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law
for the Corporation of the former Town of Newcastle (Claret Investment Ltd.
& Uvalde Investment Co.) (Item #8 of Report #1);
98 -144 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law
for the Corporation of the former Town of Newcastle (Claret Investment Ltd.
& Uvalde Investments Co.) (Item #9 of Report #1);
98 -145 being a by -law to designate a certain portion of Registered Plan 40M -1779 as
not being subject to Part Lot Control (Item #10 of Report #1);
98 -146 being a by -law to authorize the execution of an Offer to Lease Agreement
between the Corporation of the Municipality of Clarington and Claude Miller
in respect of a lease of premises situated at 247 King Street East, Newcastle,
Ontario (Item # 16 of Report # 1); and
98 -147 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law of
the Corporation of the Municipality of Clarington (Bayly Holdings) (Item #2
of Report #1).
MUNICIPALITY OF CLARINGTON
COUNCIL MEETING
SEPTEMBER 28, 1998 - 7:00 P.M
FILE
MUNICIPALITY OF
Harington
ONTARIO
DATE: SEPTEMBER 28, 1998
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURE OF PECUNIARY INTEREST
ADOPTION OF MINUTES
Minutes of a special meeting of Council held on September 14, 1998;
Minutes of a regular meeting of Council held on September 14, 1998; and
Minutes of a special meeting of Council held on September 21, 1998.
PRESENTATION
Clarington Green Gaels, Winners of the 1998 Founder's Cup.
DELEGATIONS
Nicky Barnes and Chris Kreasul, 41 Living Court, Courtice, LIE 2V6 — Courtice
Teen Centre — Update of Activities;
Valerie Dostie, 707 Waverley Road South, Bowmanville, LI C 3K3 -- Blue Circle
Cement Inc.;
3. Representative of the Clarington Firefighters Association — Personnel Matter;
4. Brian Demelo, 27 Elephant Hill Drive, Bowmanville — Report CD -47-98;
Michele Thompson, 22 Stanford Crescent, Newcastle — Report CD -48-98; and
Rosalind Paton, c/o 22 Stanford Crescent, Newcastle — Report CD -48-98.
COMMUNICATIONS
MOTION
NOTICE OF MOTION
CORPORATION OF THE MUNICIPALITY OF CLARINGTON w
40 TEMPERANCE STREET • 8OWMANVILLE -ONTARIO • LIC 3A6 • (905) 6233379 • FAX 623 1169 RECYCLED RSEA
Council Agenda - 2 - September 28, 1998
REPORTS
General Purpose and Administration Committee Report of a special meeting held
on September 21, 1998;
2. Report CD -47-98 — Declaration of Vicious Dog — Demelo; and
Report CD -48-98 — Declaration of Vicious Dog — Thompson.
UNFINISHED BUSINESS
BY-LAWS
OTHER BUSINESS
a) Regional Update
b) Committee/Boards Update
BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
MUNICIPALITY OF CLARINGTON
Council Minutes
Minutes of a special meeting of Council
held on Monday, September 14, 1998, at
6:00 p.m., in Meeting Room #1
ROLL CALL
Present Were: Mayor D. Harare
Councillor J.
Mutton
Councillor M.
Novak
Councillor J.
Rowe
Councillor J.
Schell
Councillor C.
Trim
Councillor T.
Young
Also Present: Chief Administrative Officer, W. H. Stockwell
Solicitor, D. Hefferon
Treasurer, M. Marano
Clerk, P. Barrie
September 14, 1998
The special "closed" meeting of Council was convened to discuss a legal
matter relating to the Clarington Hydro Electric Commission.
Resolution #C-634-98
Moved by Councillor Mutton, seconded by Councillor Young
THAT the actions taken by Council during the "closed" session, be
approved.
"CARRIED"
CONFIRMING BY-LAW
Councillor Schell made a disclosure of pecuniary interest earlier in the
meeting and refrained from discussion and voting on the Confirming
By-law.
Special Council Minutes - 2 - September 14, 1998
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-635-98
Moved by Councillor Mutton, seconded by Councillor Rowe
THAT leave be granted to introduce By-law 98-130, being a by-law to
confirm the proceedings of this special meeting held on the 14°i day of
September 1998, and that the said by-law be now read a first and second
time.
"CARRIED"
Resolution #C-636-98
Moved by Councillor Mutton, seconded by Councillor Rowe
THAT the third and final reading of By-law 98-130, be approved.
"CARRIED"
Resolution #C-637-98
Moved by Councillor Young, seconded by Councillor Trim
THAT the meeting adjourn at 6:53 p.m.
"CARRIED"
.m
CLERK
Council Minutes
MUNICIPALITY OF CLARINGTON
Minutes of a regular meeting of Council
held on Monday, September 14, 1998, at
7:00 p.m., in the Council Chambers
PRAYERS Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor D. Harare
Councillor J. Mutton
Councillor M. Novak
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Councillor T. Young
September 14, 1998
Also Present: Chief Administrative Officer, W. H. Stockwell
Director of Community Services, J. Caruana (Attended Until 10:30 p.m.)
Fire Chief, M. Creighton (Attended Until 10:50 p.m.)
Solicitor, D. Hefferon (Attended Until 10:30 p.m.)
Treasurer, M. Marano
Manager, Development Review, L. Taylor (Attended Until 10:30 p.m.)
Director of Public Works, S. Vokes (Attended Until 10:51 p.m.)
Clerk, P. Barrie
DISCLOSURE OF PECUNIARY INTEREST
Councillor Schell indicated that he would be disclosing a pecuniary
interest with respect to Item 95 of Report #1.
MINNUTES OF PREVIOUS MEETING
Resolution #C-638-98
Moved by Councillor Trim, seconded by Councillor Schell
THAT the minutes of a regular meeting of Council held on July 13, 1998,
be approved.
"CARRIED"
Council Minutes - 2 - September 14, 1998
PRESENTATION
Jennifer Cooke, Marketing and Tourism Officer advised that the
municipality, together with sponsors the Canadian Statesman/James
Publishing, Lange's Photo Lab and Equian Securities, hosted its first
photo contest entitled "A Day in the Life of Clarington." The intention
was to encourage residents and visitors to submit photos which show their
vision of Clarington. Together with Mr. Dennis Beaulieu of Equion
Securities, Mayor Hamre presented the following photographers of the top
25 pictures with a certificate together with a copy of a book entitled "A
Day in the Life of Canada":
Deanna Bottrell
Johanna Tax (2 Photos)
Vic Suppan
Tami Peters
Robert Allin
Nancy Pleasance -Sturman
Noel Pitney
Marlene Santo
Kate Lang (2 Photos)
John Sheridan
Joanna Brookes
Doreen Kelsey
Heather Crabb
Heather Griffin
Gabe Sinclaire (2 Photos)
Francis Johnston
Dian Smith
Derek Reynolds
Arnold Prasad
Philippa Schmiegleow
Jillian Hendrix
The grand prize winner was John Niles for his photo entitled"Huckleberry
Finn and Friends."
Mayor Hamre advised that on September 2, 1998, she, together with
Charles Packer of Ontario Hydro, participated in a sod turning at the
Darlington Nuclear Generating Station for the new Services and Training
Centre which will be located on the site. The facility, which is expected to
be completed in August of 1999, will accommodate 700 people.
Council Minutes - 3 - September 14, 1998
DELEGATIONS
Tim Coffey, 6107 Cedar Park Road, Hampton, LOB I JO, was called but
was not present.
Kevin Anyan, 36 King Street East, Bowmanville, LIC 1N2, together with
Keith Swan, described to Council the historical murals which are being
erected in the downtown core. They indicated that they are seeking
sponsorship of this project by businesses and store owners. The cost for
sponsorship is $2,500 for a full mural, $1,250 for one-half of a mural or
$600/panel. This initiative is supported by the downtown Business
Improvement Area. Mr. Anyan requested that the municipality sponsor a
mural; erect a mural, which has been approved by the Legion, on the
staircase beside the cenotaph in the Town Square or on buildings of
historical importance; or finance a TOD sign on Highway 401.
Joan Anderson, 4398 Concession Road 8, R.R. #1, Kendal, LOA 1EO,
advised Council that Mast Road is and has been a road for at least 127
years. It has had uninterrupted use by the public from its inception until
September 2, 1998 when the owners of the property padlocked the gate to
prevent access or useage of the road. She requested that this issue be
settled and that Mast Road be declared a public access road so that all
residents may again enjoy the beauty of nature and freedom to explore the
Ganaraska Forest.
Mark Jackman, Curator, Clarke Museum & Archives. introduced a
proposal for a Millenium project entitled "Clarington Hall of Fame." Mr.
Jackman indicated that the Federal Government created the Canada
Millenium Partnership Program, a special fund allocating grants to groups
and communities who wish to create initiatives that explore our heritage,
celebrate our achievements, build our future and leave a lasting legacy.
The Clarke Museum & Archives proposes to use this available funding to
mark the Millenium in Clarington by creating a Hall of Fame by
recognizing local citizens past and present and their achievements and
contributions to the community and the country. Clarington's Hall of
Fame would become a lasting legacy for everyone to enjoy. He indicated
that if Council agrees with this project and endorses the Clarke Museum's
proposal, the Board is willing to work closely with municipal staff to
create a detailed submission for the Millenium Bureau of Canada.
Council Minutes - 4 - September 11.. 1998
DELEGATIONS
RECESS
DELEGATIONS
Don Welsh, 4280 Mearns Avenue, Bowmanville, LIC 3K5. -advised
Council that the official opening of the Older Adults Centre will be held
on Saturday, September 19, 1998. Mr. Welsh introduced Kar -en Beer who
has been hired as the Administrator of the Centre. Ms. Beer was chosen
for the position from 40 applicants.
Glenn Genge, Greer Galloway Group Inc., Suite 204, 40 KinL Street West,
Oshawa, L I H 1A4, addressed Council with respect to Repor- PD -97-98.
He indicated that their plan of subdivision has been revised JbN providing
an access road to Green Road and by including additional on—street
parking spaces. He requested that Council give favourable c:nnsideration
to this revised plan.
Resolution #C-639-98
Moved by Councillor Mutton, seconded by Councillor Your
THAT Council recess for 15 minutes.
"CARRIED"
The meeting reconvened at 8:50 p.m.
Sam Gust, 138 Queen Street, Bowmanville, LIC 1M9, addrzLssed Council
with respect to the enforcement of Municipal By-laws. He referred to a
property standards order and a zoning by-law infraction which he has
recently received. In Mr. Gust's opinion, the municipality needs to case
off on its by-law enforcement and treat residents fairly.
Council Minutes -5 - September 14, 1998
DELEGATIONS
Viv Woolford, 18 Hooper Square, Bowmanville, LIC 4X7, requested that
Council sanction a memorial for the late Carson Elliott, a former Member
of Council. He suggested that a Christmas dinner for the needy be held at
the Rickard Recreation Complex with all food being donated by Carson's
friends and served by the various service clubs which Carson belonged to;
a bust of Carson be placed in the Town Square; the renaming of
Longworth Park to Carson Elliott Park or another park built and named the
Carson Elliott Park; or the name of the Bowmanville Santa Claus Parade
be changed to the Carson Elliott Santa Claus Parade. He stated that doing
so would preserve Carson's memory forever.
George Khouri, 3841 Liberty Street North, Bowmanville, LIC 3K6,
concurred with the comments of Viv Wolford. He stated that Carson had
a huge impact on our community and was a very important volunteer.
Cory Kuipers, 53 Division Street, Bowmanville, LIC 2Z8, was called but
was not present.
Mark Borutskie, 5 King Street West, Bowmanville, LIC 1R2, was called
but was not present.
Ron Hooper, 39 King Street West, Bowmanville, LIC IR2, indicated
support for the suggestions put forward by Viv Woolford and George
Khouri.
Heather Farquhar appeared before Council on behalf of Rev. Mark Scarr,
Liberty Pentecostal Church, 1965 Martin Road North, Boyvmanville,
LIC 3K4, and indicated concurrence and support of Mr. Woolford's
suggestion of an annual Christmas dinner being held in memory of
Carson Elliott.
Bruce McPherson, 45 Liberty Street North, Bowmanville, LIC 2L8,
indicated concurrence with the earlier speakers requesting that a plan be
put in place in order to remember Carson Elliott for all times.
Council Minutes - 6 - September 14, 1998
DELEGATIONS
Resolution #C-640-98
Moved by Councillor Novak, seconded by Councillor Schell
THAT the order of the agenda be altered in order to hear Tim Coffey at
this time.
"CARRIED"
Tim Coffey, 6107 Cedar Park Road, Hampton, LOB 1JO, addressed
Council with respect to concerns regarding activities at Cedar Park
(Report #2). As a resident of the municipality for 30 to 35 years,
August 9, 1998, was the first time that Mr. Coffey has ever felt threatene•.d.
On this date, an event was held at Cedar Park which became too large foT
the facility to handle. Mr. Coffey contacted the local police department
but they were unable to respond. He urged Council to strengthen the by-
laws in order to protect its citizens from events of this nature ever
happening again.
COMMUNICATIONS
Resolution #C-641-98
Moved by Councillor Mutton, seconded by Councillor Young
THAT the communications to be received for information be approved.
with the exception of items 1- 2,1 - 6,1 - 9, I - 13. I - 25,1 - 29, I - 31 _
I -33,I -38,I -39,I -43,I -51,I -60,I -61,I-62 and I-67.
i[M•\:: 1
I - 1 Minutes of meetings of the Clarke Museum R Archives held on
June 2, 1998 and July 7, 1998;
1-3 Correspondence received from Ronald W. Osborne, President and
Chief Executive Officer, Ontario Hydro - Ontario Hydro's 1997
Progress Report Towards Sustainable Development:
1-4 Correspondence received from Patricia Short-Galle. Regional
Manager, Transport Canada - Information Sessions:
Council Minutes - 7 - September 14, 1998
COMMUNICATIONS
I — 5 The Homewood Letter— A Commentary on Health and Business
Issues;
I — 7 Correspondence received from Tayce A. Wakefield, General
Motors of Canada Limited — Auto Pact;
1-8 Correspondence received from Rick Roddy, President, Union Rod
& Gun Club of Oshawa — Hunting and Discharge of Firearms
South of the 8"' Concession;
I —10 Correspondence received from Bruce Taylor, Town Clerk, Town
of Pickering — Resolution re: Ontario's Electricity System;
I —11 Correspondence received from P.M. Madill, Regional Clerk,
Regional Municipality of Durham — Bid Proposal — Ontario 2000
Summer Games;
1-12 Correspondence received from Roger Anderson, Regional Chair,
Regional Municipality of Durham — Declaration of Pickering
Lands as an Airport Site;
1-14 Correspondence received from Bill Wilkerson, Centre for
Organizational Health at Riverslea — World Mental Health Day in
Canada — Depression and Heart Disease;
1-15 Correspondence received from Robin Campbell. Executive
Director, Ontario Non -Profit Housing Association — Municipal
Connections:
1-16 Correspondence received from P.M. Madill, Regional Clerk,
Regional Municipality of Durham — Greater Toronto Services
Board;
I — 17 Members' Advisory received from the Federation of Canadian
Municipalities entitled "Consultations on Federal Payments In -
Lieu -Of Taxes";
Council Minutes - 8 - September 14, 1998
COMMUNICATIONS
I — 18 Minutes of a meeting of the Kawartha Conservation Authority held
July 9, 1998;
I — 19 Correspondence received from Jim Flaherty, Solicitor General and
Minister of Correctional Services — Traffic Speed Concerns in the
Hamlets of Hampton and Enniskillen;
1-20 Minutes of a meeting of the Bowmanville Museum Board held on
June 10, 1998;
I — 21 Correspondence received from Doug Moffat, Mayor, Township of
Scugog — Greater Toronto Services Board;
I — 22 Correspondence received from Elizabeth A. McLaren, Assistant
Deputy Minister, Ministry of Municipal Affairs — Greater Toronto
Services Board;
I — 23 Correspondence received from Jacques Jobin, Director,
International Office, Federation of Canadian Municipalities
Publication entitled "A City Tailored to Women";
I — 24 Correspondence received from Novina Wong, City Clerk, City of
Toronto — Banning of Wine and Spirit Containers From the Blue
Box Program and Landfill Sites;
I — 26 Correspondence received from Councillor Rick Johnson, Chair,
Works Committee, Regional Municipality of Durham — Long
Term Waste Management Strategy Plan;
1-27 Minutes of a meeting of the Newcastle Community Hall Board
held on July 20, 1998;
I — 28 Minutes of a meeting of the Central Lake Ontario Conservation
Authority held on July 21, 1998;
I — 30 Correspondence received from Ken Nagy, Site and Environment
Maintenance, Ontario Hydro — Brush Control Along Hydro
Transmission Lines;
Council Minutes - 9 - September 14. 1998
COMMUNICATIONS
1-32 Correspondence received from the Corporation of the l ownship of
Mildmay -Carrick- Being a Resolution Petitioning th. Provincial
Government to Introduce Legislation to Enable MuniC_malities to
Effectively Implement Nutrient Management Plannim_:
1-34 Correspondence received from R.J. Douglas, Town C. _rk, Town of
Richmond Hill — New School Funding;
1-35 Correspondence received from Dana L. Sherri, Summ
Employment Officer, Human Resource Centre of Canada for
Students — Letter of Appreciation;
1-36 Information Bulletin received from the Kawartha Conservation
Authority entitled "Business Benefits Conservation':
1-37 Correspondence received from E.C. Wagg, City Clerk-. City of
Niagara Falls - Resolution re: Removal of Coverage icor
Physiotherapy Treatments Under the O.H.I.P. Progra=:
1-40 Correspondence received from P.M. Madill, Regionai Clerk,
Regional Municipality of Durham — By-laws Establis;-aing Tax
Ratios and Tax Rates for 1998;
1-41 Correspondence received from P.M. Madill. Regional- :.lerk.
Regional Municipality of Durham — 1998 Tax Rates --rid Related
Property Tax Policies;
1-42 Media Release received from Lakeridge Health Corpo__ation —
Brian Lemon Selected as Chief Executive Officer of - akeridge
Health Corporation;
1-44 Member Communication Alert received from the Assn L�ciation of
Municipalities of Ontario entitled "Discussion Paper %c_ -leased bv_
the Social Housing Committee— Municipalities Enco=aged to
Respond";
1-45 Minutes of a meeting of the Bowmanville Museum Bcoard held on
July 15, 1998;
1-46 Correspondence received from Mel Lastman. Mayor. --iry of
Toronto — Ban on Liquor and Spirits Containers:
Council Minutes - 10- September 14, 1998
COMMUNICATIONS
I — 47 News Release received from the Central Lake Ontario
Conservation Authority entitled "ElectrofShing in Bowmanville';
I — 48 Correspondence received from Hazel McCallion, Mayor, City of
Mississauga— 1998 Assessment Appeal Deadline;
I — 49 Correspondence received from Novina Wong, City Clerk, City of
Toronto — Corporate Voluntary Challenge and By-law to Prohibit
the Burning of Used Motor Oil;
1-50 Correspondence received from J.K. Coulson, Manager, Risk
Assessment, Management and Municipal Reviews, Ministry of the
Solicitor General and Correctional Services — Public Fire Safety
Guidelines;
1-52 Correspondence received from The Honourable Tony Clement,
Minister of Transportation — Public Transportation;
1-53 News Release received from the Ministry of the Environment
entitled "Ministry Invites Automotive Testing and Repair Industry
to Get Into the Drive Clean Business";
1-54 Correspondence received from the Ministry of Natural Resources —
Rabies Vaccine;
1-55 Correspondence received from the Rotary Club of Bowmanville,
1998 Dinner Auction Committee — Letter of Appreciation;
I — 56 Correspondence received from Gyda Chud, Co -Chair, Child Care
Human Resources Steering Committee entitled "Our Child Care
Workforce: From Recognition to Remuneration":
I — 57 News Release received from Transport Canada entitled "Canada
Gazette I Continent Period Extended for the Pickering Lands
Declaration";
I — 58 The Common Sense Update received from the Office of the
Premier entitled "Helping Our Children Reach Their Full Potential
by Ensuring Quality Education";
I — 59 Correspondence received from A. Leona Chase. President, The
Smile Trust — National Kids' Day;
Council Minutes 1 I - September 14, 1998
COMMUNICATIONS
I — 63 Correspondence received from Christine Gardner, Co-chair,
Ministry of Transportation — Provincial Seat Belt Campaign;
I — 64 Ontario Hydro Report Card — Ontario Hydro Nuclear;
I — 65 Correspondence received from Judy Sgro, City of Toronto
Councillor — LCBO Deposit -Refund System;
1-66 Correspondence received from The Honourable Tony Clement,
Minister, Ministry of Transportation — Community Transportation
Action Program (CTAP);
1-68 Minutes of a meeting of the Local Architectural Conservation
Advisory Committee held on June 16, 1998;
I — 69 Minutes of a meeting of the Ganaraska Region Conservation
Authority held on August 20, 1998;
1-70 Correspondence received from Ellen Logan, Secretary/Treasurer,
Bowmanville Museum — August 1998 Bowmanville Museum
Curator's Report; and
1-71 Correspondence received from Chang S. Lee, Spec. Assistant to
the Commissioner of Works, Regional Municipality of Durham —
Household Guide to Water Efficiency.
I — 2 Resolution #C-642-98
Low Level Moved by Councillor Mutton, seconded by Councillor Young
Radioactive Waste
Problems THAT the correspondence dated June 10, 1998, from Ian W.M. Angus,
E07. WA Reeve, Township of Hope, regarding Low Level Radioactive Waste
Problems, be received for information.
KOW16MM"I
Council Minutes - 12 - September 14, 1998
COMMUNICATIONS
6 Resolution #C-643-98
Preventing and Moved by Councillor Mutton, seconded by Councillor Young
Removing Barriers
For Ontarians THAT the correspondence received from Isabel Bassett, Minister of
With Disabilities Citizenship, Culture and Recreation forwarding a Discussion Paper
SO4.GE entitled " Preventing & Removing Barriers for Ontarians With
Disabilities", be received for information.
"CARRIED"
1-9 Resolution #C-644-98
Safe Kids Moved by Councillor Mutton, seconded by Councillor Young
Community Day
M02.GE THAT the correspondence dated July 6, 1998, from Inspector
A.O.R. Smith, Clarington Community Police Office, Durham Regional
Police Service, thanking the municipality for their generous contribution
to the Annual Community Day held on May 30, 1998, be received for
information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-645-98
Moved by Councillor Novak, seconded by Councillor Mutton
THAT the foregoing Resolution #C-644-98 be amended by adding the
following thereto:
"and that a copy of the correspondence be forwarded to the
Community Services and the Public Works Departments."
"CARRIED"
THAT the foregoing Resolution #C-644-98 was then pun to a vote and
CARRIED AS AMENDED.
Council Minutes - 13 - September 14, 1998
COMMUNICATIONS
1-13
Ontario Tourism
Tourism Event
Marketing
Partnership
Program
D06.GE
information.
I-25
Resolution #C-646-98
Moved by Councillor Mutton, seconded by Councillor Young
THAT the correspondence received from Eugene Zakreski, Vice -
President, Marketing and Development, Ministry of Economic
Development, Trade and Tourism introducing the new initiative "The
Ontario Tourism Event Marketing Partnership Program", be received for
Resolution #C-647-98
"CARRIED"
Transportation and Moved by Councillor Mutton, seconded by Councillor Young
GO Transit Funding
Issues in the GTA THAT the correspondence dated July 16, 1998, from Pat Crimmins,
D06.GE Deputy Clerk, Regional Municipality of Halton, regarding Transportation
and GO Transit Funding Issues in the GTA, be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-648
Moved by Councillor Young, seconded by Councillor Schell
THAT the foregoing resolution #C-647-98 be amended by adding the
following thereto:
"WHEREAS our existing transportation infrastructure is
inadequate to handle our growing needs in the Province of Ontario;
AND WHEREAS congestion on our GTA Transportation network
costs the GTA economy between $1 - $3 billion annually;
AND WHEREAS the continued expansion of services offered by
GO Transit is necessary to keep Ontario competitive:
AND WHEREAS the Province currently finds transportation from
Provincial Gasoline Taxes, Licensing Fees and Retail Sales Taxes;
Council Minutes - 14 - September 14, 1998
COMMUNICATIONS
AND WHEREAS the Province of Ontario has passed on the
operational and capital costs of GO Transit to the Greater Toronto
Municipalities;
AND WHEREAS the stress of assuming GO Transit's operational
and capital costs may be too much for municipalities to bear;
NOW THEREFORE BE IT RESOLVED THAT the Province
review the proposed funding procedure for GO Transit;
THAT, should municipalities retain the funding responsibility, a
ratio of sharing of revenues generated from Provincial Gasoline
Tax, Licensing Fees, and Retail Sales Taxes on new and used
vehicles, with NO INCREASE TO THE TAXPAYERS OF
ONTARIO, be determined;
THAT the proposed Greater Toronto Services Board be restricted
from levying additional gasoline taxes to fund transportation;
THAT revenues from Federal Gasoline Taxes be investigated as a
possible area of funding for municipalities for GTA transportation;
and
THAT a copy of this resolution be sent to all municipalities in the
Region of Durham, to the Regional Municipalities of Durham,
Halton, York, Peel, Hamilton -Wentworth, and the City of Toronto,
The Honourable Tony Clement, Minister of Transportation, The
Honourable David Collenette, Minister of Transport and all GTA
Area M.P.P.'s and M.P.'s."
"CARRIED"
The foregoing Resolution #C-647-98 was then put to a vote and
CARRIED AS AMENDED.
Council Minutes - 15- September 14, 1998
COMMUNICATIONS
1-29 Resolution #C-649-98
Self -Directed Moved by Councillor Mutton, seconded by Councillor Young
Walking Tour
D06.GE THAT the correspondence dated July 21, 1998, from Garth Gilpin,
Secretary -Treasurer and General Manager, Bowmanville Business Centre
expressing appreciation for the support of the Self -Directed Walking Tour,
be received for information.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-650-98
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the foregoing Resolution #C-649-98 be amended by adding the
following thereto:
"and that a copy of the correspondence be forwarded to Jennifer
Cooke, Marketing and Tourism Officer."
fiLN\7(71DI�ii
The foregoing Resolution #C-649-98 was then put to a vote and
CARRIED AS AMENDED.
I - 31 Resolution 4C-651-98
1998 Community Moved by Councillor Mutton, seconded by Councillor Young
Reinvestment Fund
And Special THAT the correspondence dated July 23, 1998, from The Honourable
Transition Assistance Ernie Eves, Minister of Finance regarding the 1998 Community
Allocation Reinvestment Fund and Special Transition Assistance Allocation, be
F I LPR received for information.
"CARRIED"
Council Minutes - 16- September 14, 1998
COMMUNICATIONS
33 Resolution #C-652-98
Bill 108 Moved by Councillor Mutton, seconded by Councillor Young
Streaniling of
Administration of THAT the correspondence dated July 24, 1998, from The Honourable
Provincial Offences Charles Harnick, Attorney General and Minister Responsible for Native
Act Affairs, regarding Bill 108 — Streamlining of Administration of Provincial
Li LPR Offences Act 1997, be received for information.
"CARRIED"
1-38 Resolution #C-653-98
Durhatn Moved by Councillor Mutton, seconded by Councillor Young
Countryside
Adventure - THAT the correspondence received from Judy Coward, Chairperson,
Letter of Durham Countryside Adventure, thanking the municipality for their grant
Appreciation in the amount of $1,000, be received for information.
F1 LCH
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-654-98
Moved by Councillor Mutton, seconded by Councillor Rowe
THAT the foregoing Resolution #C-653-98 be amended by adding the
following thereto:
"and that a copy of the correspondence be forwarded to Jennifer
Cooke, Marketing and Tourism Officer."
The foregoing Resolution #C-653-98 was then put to a vote and
CARRIED AS AMENDED.
Council Minutes - 17- September 14, 1998
COMMUNICATIONS
1-39 Resolution #C-655-98
Resignation From Moved by Councillor Mutton, seconded by Councillor Young
The Library Board
C12.130 THAT the correspondence dated July 18, 1998, from Cynthia Mearns,
Library Director, Clarington Public Library, advising of a vacancy on the
Clarington Public Library Board, be received for information.
"MOTION LOST"
Resolution #C-656-98
Moved by Councillor Mutton, seconded by Councillor Trim
"THAT the correspondence dated July 18, 1998, from Cynthia Mearns,
Library Director, Clarington Public Library, be received;
THAT the resignation of Mr. Warner G. Fehn from the Clarington Public
Library Board be received with regret and he be thanked for his
contribution to the Board;
THAT the correspondence be referred to the Clerk's Department in order
to fill the vacancy created on the Clarington Public Library Board; and
THAT Cynthia Mearns be advised of Council's decision."
"CARRIED"
1-43) Resolution #C-657-98
Finance Minister Moved by Councillor Mutton, seconded by Councillor Young
Addresses AMO
Conference THAT the Member Communication Alert received from the Association
M06.GE of Municipalities of Ontario entitled "Finance Minister Addresses AMO
Conference", be received for information.
its" -1041"l
Council Minutes - 18 - September 14, 1998
COMMUNICATIONS
1-51 Resolution #C-658-98
Launch of Moved by Councillor Mutton, seconded by Councillor Young
Lakeridge Health
Corporation THAT the correspondence dated August 14, 1998, from Jane De Jong,
M06.GE Community Relations, Lakeridge Health Corporation, regarding the
Launch of the Lakeridge Health Corporation at Trillium Trails on Friday,
July 31, 1998, be received for information.
"CARRIED"
1-60 Resolution #C-659-98
Year 2000 Moved by Councillor Mutton, seconded by Councillor Young
Millenium Bug
M06.GE THAT the Special Bulletin received from Frank Cowan Company Limited
entitled Year 2000 "Millennium Bug", be received for information.
"CARRIED"
1-61 Resolution #C-660-98
1998-1999
Moved by Councillor Mutton, seconded by Councillor Young
AMO Board
Resulting From
Of Directors
THAT the Member Communication received from the Association of
M06.GE
Municipalities of Ontario entitled "1998 —1999 AMO Board of
regarding the Tenant Protection Act regulations dealing with automatic
Directors", be received for information.
"CARRIED"
62 Resolution #C-661-98
Tenant Protection
Moved by Councillor Mutton, seconded by Councillor Young
Act — Rent Reductions
Resulting From
THAT the correspondence dated August 18, 1998, from Anne Beaumont,
Tax Decreases
Assistant Deputy Minister, Ministry of Municipal Affairs and Housing,
LI I.PR
regarding the Tenant Protection Act regulations dealing with automatic
rent reductions resulting from tax decreases, be received for information.
"CARRIED"
Council Minutes - 19- September 14, 1998
COMMUNICATIONS
1-67 Resolution #C-662-98
Bill 56 - GTSB Moved by Councillor Mutton, seconded by Councillor Young
D02.GT
THAT the correspondence dated August 31, 1998, from Alan Tonks,
Moderator, Greater Toronto Services Board, regarding Bill 56, the Greater
Toronto Services Board legislation, be received for information.
"CARRIED"
D — 1 Resolution #C-663-98
AIDS Awareness Moved by Councillor Young, seconded by Councillor Trim
Week
M02.GE THAT the correspondence dated May 29, 1998 from Trudie Reid,
Executive Director, AIDS Committee of Durham regarding AIDS
Awareness Week, be received;
THAT the week of November 23 to 30, 1998 be proclaimed "AIDS
Awareness Week" in the Municipality of Clarington and advertised in
accordance with municipal policy; and
THAT Trudie Reid be advised of Council's decision.
"CARRIED"
D - 2
Resolution #C-664-98
Hunting
Moved by Councillor Young, seconded by Councillor Trim
Restrictions
D05.GE
THAT the correspondence dated July 10, 1998 from Ray and
Wilma Martinell regarding hunting in an agricultural area, be received;
THAT the correspondence be referred to Staff Sgt. Ted Dionne for
consideration by the Hunting Committee; and
THAT Ray and Wilma Martinell be advised of Council's decision.
"CARRIED"
Council Minutes -20- September 14, 1998
COMMUNICATIONS
D-3 Resolution #C-665-98
Walking School Moved by Councillor Young, seconded by Councillor Trim
Bus and Walk A
Child to School THAT the correspondence dated July 13, 1998 from Shawn Woods, Public
Day Health Nurse, Regional Municipality of Durham regarding Walk a Child to
M02.GE School Day, be received;
THAT September 23, 1998 be proclaimed "Walk a Child to School Day" in
the Municipality of Clarington and advertised in accordance with municipal
policy; and
THAT Shawn Woods be advised of Council's decision.
D-4 Resolution #C-666-98
Resignation From Moved by Councillor Young, seconded by Councillor Trim
Animal Advisory
Committee THAT the correspondence dated July 13, 1998 from Michael Hackenberger,
C 12.AN Director, Bowmanville Zoo tendering the Zoo's resignation from the Animal
Advisory Committee, be received with regret;
THAT the correspondence be referred to the Clerk's Department in order for
the vacancy to be filled; and
THAT Michael Hackenberger be thanked for his invaluable contribution to
the Committee.
D-6 Resolution #C-667-98
Veterans Week Moved by Councillor Young, seconded by Councillor Trim
M02.GE
THAT the correspondence dated July 14, 1998 from Gisele Toupin,
Regional Director General, Veterans Affairs Canada regarding Veterans
Week, be received;
Council Minutes -21- September 14, 1998
COMMUNICATIONS
THAT the week of November 5 to 11, 1998 be proclaimed "Veterans'
Week" in the Municipality of Clarington and advertised in accordance
with municipal policy; and
THAT Gisele Toupin be advised of Council's decision.
"CARRIED"
D — 11 Resolution #C-668-98
World Moved by Councillor Young, seconded by Councillor Trim
Breastfeeding
Week THAT the correspondence dated August 24, 1998 from Janet Petryshyn,
M02.GE Durham Region Breastfeeding Coalition regarding World Breastfeeding
Week, be received;
THAT the week of October 1 to 7, 1998 be proclaimed "World
Breastfeeding Week" in the Municipality of Clarington and advertised in
accordance with municipal policy; and
THAT Janet Petryshyn be advised of Council's decision.
"CARRIED"
D — 13 Resolution #C-669-98
National Moved by Councillor Young, seconded by Councillor Trim
Immunization
N eek THAT the correspondence dated July 17, 1998 from Gerald Dafoe, Chief
M02.GE Executive Officer, Canadian Public Health Association regarding National
Immunization Week, be received;
THAT the week of October 25 to November 1, 1998 be proclaimed
"National Immunization Week" in the Municipality of Clarington and
advertised in accordance with municipal policy; and
THAT Gerald Dafoe be advised of Council's decision.
"CARRIED"
Council Minutes -22- September 14, 1998
COMMUNICATIONS
D — 14 Resolution #C-670-98
Closure of Moved by Councillor Young, seconded by Councillor Trim
King Street
Newcastle Village THAT the correspondence dated August 19, 1998 from Ronald Hope,
T08.GE Newcastle DBIA requesting permission to close King Street on October 3,
1998, be received;
THAT permission be granted for this request, provided the organizers
apply for and obtain a Road Occupancy Permit from the Public Works
Department; and
THAT Ronald Hope be advised of Council's decision.
D— 15 Resolution #C-671-98
Credit Union Moved by Councillor Young, seconded by Councillor Trim
Dav
M02.GE THAT the correspondence dated August 18, 1998 from Bonnie Oliver,
Auto Workers Community Credit Union regarding International Credit
Union Day, be received;
THAT October 15, 1998 be proclaimed "International Credit Union Day"
in the Municipality of Clarington and advertised in accordance with
municipal policy; and
THAT Bonnie Oliver be advised of Council's decision.
"CARRIED"
D— 16 Resolution #C-672-98
Community Moved by Councillor Young, seconded by Councillor Trim
Parks Week
M01GE THAT the correspondence dated August 20, 1998 from Denyse Morrissey,
Executive Director, Ontario Parks Association regarding Community
Parks Week, be received;
Council Minutes -23- September 14, 1998
COMMUNICATIONS
THAT the week of October 1 to 7, 1998 be proclaimed "Community Parks
Week" in the Municipality of Clarington and advertised in accordance
with municipal policy; and
THAT Denyse Morrissey be advised of Council's decision.
"CARRIED"
D — 21 Resolution #C-673-98
Youth Centre Moved by Councillor Young, seconded by Councillor Trim
SO4.GE
THAT the correspondence dated August 20, 1998 from Darlene Kougias
regarding the Youth Centre located on Church Street, be received;
THAT the correspondence be referred to Ron Collis and Chris Wood for
their attention; and
THAT Darlene Kougias be advised of Council's decision.
"CARRIED"
D-22 Resolution #C-674-98
Agriculture Week Moved by Councillor Young, seconded by Councillor Trim
M02.GE
THAT the correspondence dated August 24, 1998 from Denis Kelly, Clerk
Administrator, Town of East Gwillimbury, regarding Agriculture Week,
be received;
THAT the week before Thanksgiving Day each year be proclaimed as
"Agriculture Week" in the Municipality of Clarington and advertised in
accordance with municipal policy; and
THAT Denis Kelly be advised of Council's decision.
"CARRIED"
Council Minutes -24- September 14, 1998
COMMUNICATIONS
D-28 Resolution #C-675-98
Terry Fox Welk Moved by Councillor Young, seconded by Councillor Trim
M02.GE
THAT the correspondence dated September 9, 1998, from
Sheri L. Jackson, Activity Director, Marnwood Lifecare Centre,
requesting permission to hold a Terry Fox Walk for Cancer Research in
connection with Central Public School on September 17, 1998, be
received;
THAT permission be granted for this request provided the organizers
apply for and obtain a Road Occupancy Permit from the Public Works
Department; and
THAT Sheri L. Jackson be advised of Council's decision.
"CARRIED"
D-9 Resolution #C-676-98
Hog Dog Day Moved by Councillor Young, seconded by Councillor Trim
M02.GE
THAT the correspondence dated July 24, 1998 from Vianne Woods,
Programme Co-ordinator, Liberty Mutual Group requesting permission to
hold a Hot Dog Day at 68 King Street East on September 26. 1998 be
received;
THAT permission be granted for this event, provided the organizers apply
for and obtain a Road Occupancy Permit from the Public Works
Department; and
THAT Vianne Woods and the Bowmanville B.I.A. be advised of
Council's decision.
"CARRIED"
Council Minutes -25- September 14, 1998
COMMUNICATIONS
D-10 Resolution #C-677-98
Public Access Moved by Councillor Young, seconded by Councillor Trim
Mast Road
T08.GE THAT the correspondence dated September 4, 1998 from Mr. and
Mrs. Bill Stapleton regarding the travelled road between Lots 1 I and 12,
Concession 8, former Township of Clarke known as the "Mast Road", be
received;
THAT the correspondence be referred to the Director of Public Works for
preparation of a report, including the legal opinion previously received on
this matter, to be submitted to the General Purpose and Administration
Committee; and
THAT Mr. and Mrs. Stapleton and Joan Anderson be advised of Council's
decision.
047.1 NN W Q
D— 12 Resolution #C-678-98
Traffic Lights Moved by Councillor Young, seconded by Councillor Trim
Roenick Drive
Highway #2 THAT the correspondence dated August 21, 1998 from Olive Simpson
T08.GE requesting the installation of traffic lights at the intersection of
Highway #2 and Roenick Drive, be received;
THAT the correspondence be referred to the Director of Public Works for
review and preparation of a report to be submitted to the General Purpose
and Administration Committee; and
THAT Olive Simpson be advised of Council's decision.
"CARRIED"
Council Minutes -26- September 14, 1998
COMMUNICATIONS
D — 23 Resolution #C-679-98
Traffic on Moved by Councillor Young, seconded by Councillor Trim
Regional Road 3
Old Seugog Road THAT the correspondence dated August 18, 1998 from Bill and
To Highway #57 Denise Walker regarding increased truck traffic travelling eastbound on
Durham Road #3 through Enniskillen, be received;
THAT the correspondence be referred to the Regional Municipality of
Durham for consideration; and
THAT Bill and Denise Walker be advised of Council's decision.
D-27 Resolution #C-680-98
Confidential Moved by Councillor Schell, seconded by Councillor Rowe
Property Matter
THAT the confidential correspondence dated September 4, 1998 regarding
a by-law enforcement investigation, be referred to the end of the agenda to
be considered during a "closed" session of Council.
"CARRIED"
D-5 Resolution #C-681-98
Toronto Moved by Councillor Mutton, seconded by Councillor Schell
International
Airport THAT the correspondence dated July 13, 1998, from Peter Robertson,
D02.GT
Mayor, The Corporation of the City of Brampton, requesting Council's
endorsement of a resolution passed by the City of Brampton to show
support for the fully functioning future role of the Toronto International
Airport so that it can become a hub airport, be received;
THAT the resolution of the City of Brampton be endorsed by the Council
of the Municipality of Clarington; and
Council Minutes -27- September 14, 1998
COMMUNICATIONS
THAT the Federal Minister of Transport, the Minister of Transportation
and Peter Robertson be advised of Council's decision.
"CARRIED"
D-7 Resolution 4C-682-98
Region of Durham Moved by Councillor Novak, seconded by Councillor Mutton
Waste Study
C10.AD THAT the correspondence dated July 17, 1998, from M. de Rond, Clerk,
Town of Ajax, regarding the Region of Durham Waste Study, be received
for information.
"CARRIED"
D-8 Resolution #C-683-98
Recycling
Moved by Councillor Mutton, seconded by Councillor Novak
Council of
Ontario
THAT the correspondence dated July 20, 1998, from John Hanson,
Request for
Executive Director, Recycling Council of Ontario, requesting financial
Financial
support for Ontario's Annual Waste Reduction Week '98, be received;
Assistance
and
F1 LCH
THAT John Hanson be advised of the Municipality of Clarington's grant
policy.
"CARRIED"
D — 17 Resolution #C-684-98
Transport Moved by Councillor Mutton, seconded by Councillor Trim
Issues
T08.GE THAT the correspondence dated August 14, 1998, from Rick Bartolucci
M.P.P., Sudbury, regarding a tractor trailer accident on Highway 17 near
Sudbury, be received for information.
"CARRIED"
Council Minutes -28- September 14, 1998
COMMUNICATIONS
D— 18 Resolution #C-685-98
Health Care Moved by Councillor Schell, seconded by Councillor Novak
Services for
Children With THAT the correspondence dated August 24, 1998, from Kathryn Bremner,
Special Needs Co -Chair, Parents in Action for Challenged Kids (P.A.C.K.), be received
SO4.GE for information and a copy of the correspondence be forwarded to the
Planning and Develoment Department.
"CARRIED"
D— 19 Resolution #C-686-98
Transportation Moved by Councillor Young, seconded by Councillor Schell
And GO Transit
Funding Issues THAT the correspondence dated August 25, 1998, from
GTA Dorothy McDonald, Acting Deputy Clerk, Town of Halton Hills,
D02.GT regarding Transportation and GO Transit Funding Issues in the GTA, be
received; and —
THAT Dorothy McDonald be advised of Council's earlier resolution
pertaining to this matter.
"CARRIED"
D-20 Resolution #C-687-98
Toronto Moved by Councillor Schell, seconded by Councillor Mutton
International
Airport THAT the correspondence dated August 24, 1998, from Dorothy
C IO.AD McDonald, Acting Town Clerk, Town of Halton Hills, forwarding a
resolution passed by the Town of Halton Hills pertainins to the
Lester B. Pearson International Airport, be received; and
THAT Dorothy McDonald be advised of Council's earlier resolution
pertaining to this matter.
"CARRIED"
Council Minutes -29- September 14, 1998
COMMUNICATIONS
D — 24 Resolution #C-688-98
Ontario `99 Moved by Councillor Novak, seconded by Councillor Trim
Ringette Canada
Winter Games THAT the correspondence received from Glen Gaudet, Head Coach,
Financial Ontario '99 Ringette Canada Winter Games, requesting financial
Assistance assistance be tabled to the General Purpose and Administration Committee
F1 I.CH meeting scheduled for September 21, 1998, to allow for the Treasurer to
prepare a memorandum advising of previous grants which Council has
approved in similar circumstances.
iii :: t 0
D — 25 Resolution #C-689-98
Clarington Moved by Councillor Mutton, seconded by Councillor Novak
Hall of Fame
F I LPR THAT the correspondence received from the Clarke Museum & Archives
advising of a proposal for a Millennium Project entitled "Clarington Hall
of Fame", be received;
THAT the proposal be endorsed in principle by the Council of the
Municipality of Clarington, and referred to staff for preparation of a report
to be submitted to the General Purpose and Administration Committee;
and
THAT Mark Jackman, Curator, Clarke Museum & Archives be advised of
Council's decision.
"CARRIED"
D — 26 Resolution #C-690-98
Sulpher in Moved by Councillor Young, seconded by Councillor Schell
Gasoline
C l O.AD THAT the correspondence dated August 20, 1998, from
Stephen McDonald, Administrator & Clerk -Treasurer, Township of
Elizabethtown, requesting endorsement of a resolution to request the
Federal and Provincial Governments to take immediate action to reduce
Sulpher in gasoline, be received;
Council Minutes -30- September 14, 1998
COMMUNICATIONS
THAT the resolution of the Township of Elizabethtown be endorsed by
the Council of the Municipality of Clarington; and
THAT the Federal Minister of the Environment, the Provincial Minister of
Environment and Energy, the Federal Minister of Transport, Alex
Sheppard, M.P., John O'Toole, M.P.P. and Stephen McDonald be advised
of Council's decision.
"CARRIED"
Resolution #C-691-98
Moved by Councillor Mutton, seconded by Councillor Rowe
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 10:25 p.m.
MOTION
NOTICE OF MOTION
REPORTS
Report #I Resolution #C-692-98
G.P.A. Report Moved by Councillor Novak, seconded by Councillor Young
August 31, 1998
THAT the General Purpose and Administration Committee Report of
August 31, 1998, be approved with the exception of Item #5.
"CARRIED"
Item ='S Councillor Schell indicated a disclosure of pecuniary interest with respect
to Item #5 of Report #l; vacated his chair and refrained from discussion
and voting on the subject matter. Councillor Schell indicated that he is
employed by Blue Circle Cement Inc., the subject of the report.
Council Minutes -31- September 14, 1998
REPORTS
Resolution #C-693-98
Community Moved by Councillor Novak, seconded by Councillor Young
Relations Committee
Blue Circle THAT Report PD -98-98 be received;
C12.BL
THAT the Terms of Reference attached to Report PD -98-98 for the Blue
Circle Cement Community Relations Committee be approved;
THAT the Director of Planning and Development be authorized to
convene the first meeting of the Blue Circle Cement Community Relations
Committee; and
THAT a copy of Report PD -98-98 and Council's decision be forwarded to
Blue Circle Cement Inc., Port Darlington Community Association, Aspen
Springs Community Association and the Waterfront Regeneration Trust.
Report #2 Resolution 4C-694-98
Club Carib
Picnic at
Cedar Park
POLBY
Report =3
Report :'4
Moved by Councillor Rowe, seconded by Councillor Youno
THAT Report CD -41-98 be received; and
THAT a copy of Report CD -41-98 be forwarded to Harold Jukic, the
Club Carib, Tim Coffey and other interested parties.
"CARRIED"
Resolution #C-695-98
Moved by Councillor Young, seconded by Councillor Trim
THAT Confidential Reports ADMIN -13-98 and WD -47-98 be referred to
the end of the agenda to be considered during a `closed" session of
Council.
"CARRIED"
Council Minutes -32- September 14, 1998
UNFINISHED BUSINESS
Resolution #C-696-98
Moved by Councillor Schell, seconded by Councillor Young
THAT the delegation of Kevin Anyan and Keith Swan be acknowledged;
THAT their comments be referred to staff for review and preparation of a
report to be submitted to the General Purpose and Administration
Committee; and
THAT Kevin Anyan and Keith Swan be advised of Council's decision.
"CARRIED"
Resolution #C-697-98
Moved by Councillor Young, seconded by Councillor Mutton
THAT the delegation of Don Welsh be received with appreciation.
"CARRIED"
Resolution #C-698-98
Moved by Councillor Novak, seconded by Councillor Schell
THAT the delegation of Glenn Genge be acknowledged;
THAT Mr. Genge's comments pertaining to Report PD -97-98 be referred
to staff for review of the updated information provided during the
delegation and preparation of a report to be submitted to the General
Purpose and Administration Committee meeting scheduled to be held on
September 21, 1998; and
THAT Glenn Genge be advised of Council's decision.
"CARRIED"
Council Minutes -33 - September 14, 1998
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-699-98
Moved by Councillor Schell, seconded by Councillor Young
THAT the delegation of Sam Gust be received;
THAT Mr. Gust's comments be referred to staff for review and
preparation of a report to be submitted to the General Purpose and
Administration Committee; and
THAT Sam Gust be advised of Council's decision.
"CARRIED"
Resolution #C-700-98
Moved by Councillor Trim, seconded by Councillor Rowe
THAT the delegations of Viv Woolford, George Khouri, Ron Hooper;
Heather Farquhar and Bruce McPherson, be received;
THAT their comments be referred to staff for review and report to the
General Purpose and Administration Committee on a policy related to this
matter; and
THAT the various individuals be thanked for their input.
"CARRIED"
Resolution #C-701-98
Moved by Councillor Schell, seconded by Councillor Novak
THAT leave be granted to introduce the following by-laws, and that the
said by-laws be now read a first and second time:
98-131 being a by-law to amend the Comprehensive Zoning By-law
84-63, of the Corporation of the former Town of Newcastle
(Roussy);
Council Minutes -34- September 14, 1998
BY-LAWS
98-132 being a by-law to authorize entering into an agreement with
Veltri and Son Limited, the owners of Plan of Subdivision
18T-88051 and any mortgagee who has an interest in the said
lands, and the Corporation of the Municipality of Clarington in
respect of 18T-88051;
98-133 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law of the Corporation of the former Town of
Newcastle (W.E. Roth);
98-134 being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law of the Corporation of the former Town of
Newcastle (Wurmitzer);
98-135 being a by-law to authorize a contract between Skate Rite
Sharpening Bowmanville, Ontario, c/o Fred Cosgrove, in
respect to the Operation of the Pro Shop Located at the Garnet
B. Rickard Recreation Complex; and
98-136 being a by-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington.
iYWIL64:
Resolution #C-702-98
Moved by Councillor Schell, seconded by Councillor Novak
THAT the third and final reading of By-laws 98-131 to 98-136 inclusive,
be approved.
11461RINId�7Y
Council Minutes -35 - September 14, 1998
OTHER BUSINESS
Councillor Mutton conveyed congratulations to Councillor Novak on her
recent appointment to the Durham District Health Council.
Resolution #C-703-98
Moved by Councillor Young, seconded by Councillor Rowe
THAT the meeting be "closed" in order to discuss personnel matters.
"CARRIED"
Resolution #C-704-98
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the actions of Council taken during the "closed" session, be
approved.
"CARRIED"
CONFIRMING BY-LAW
Councillor Schell indicated a disclosure of pecuniary interest earlier in the
meeting and refrained from discussion and voting on the Confirming
By-law.
Resolution #C-705-98
Moved by Councillor Novak, seconded by Councillor Trim
THAT leave be granted to introduce By-law 98-137, being a by-law to
confirm the proceedings of the Council of the Municipality of Clarington
at this regular meeting held on the 14th day of September 1998, and that
the said by-law be now read a first and second time.
"CARRIED"
Council Minutes -36- September 14, 1998
CONFIRMING BY-LAW
ADJOURNMENT
Resolution #C-706-98
Moved by Councillor Novak, seconded by Councillor Trim
THAT the third and final reading of By-law 98-137 be approved.
"CARRIED"
Resolution #C-707-98
Moved by Councillor Young, seconded by Councillor Mutton
THAT the meeting adjourn at 11:04 p.m.
MAYOR
CLERK
Council Minutes
MUNICIPALITY OF CLARINGTON
Minutes of a special meeting of Council
held on Monday, September 21, 1998, at
3:10 p.m., in the Council Chambers
PRAYERS Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor D. Hamre
Councillor J. Mutton
Councillor M. Novak
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Councillor T. Young
September 21, 1998
Also Present: Chief Administrative Officer, W. H. Stockwell
Director of Community Services, J. Caruana (Attended Until 3:18 p.m.)
Fire_ Chief, M. Creighton
Treasurer, M. Marano
Director of Public Works, S. Vokes (Attended from 3:16 to 3:18 p.m.)
Director of Planning and Development, F. Wu (Attended until 3:18 p.m.)
Clerk, P. Barrie
DISCLOSURE OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest for this meeting.
REPORTS
Report —,I Resolution #C-708-98
Moved by Councillor Mutton, seconded by Councillor Trim
THAT the actions taken at the Special General Purpose and
Administration Committee meeting of Monday, September 21, 1998. be
approved.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Special Council Minutes - 2 - September 21, 1998
REPORTS
BY-LAWS
Recorded Vote
Yea Nay Absent
Councillor Mutton
Councillor Novak
Councillor Rowe
Councillor Schell
Councillor Trim
Councillor Troy
Mayor Hamre
Resolution #C-709-98
Moved by Councillor Schell, 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:
98-138 being a by-law to adopt the estimates of all sums required
during the year for School Boards and Regional Government
purposes and to strike the rates of taxation for the year 1998;
and
98-139 being a by-law to adopt the estimates of all sums required
during the year for Municipal purposes and to strike the rates
of taxation for Municipal Purposes for the year 1998.
Resolution #C-710-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the third and final reading of By-laws 98-138 and 98-139 be
approved.
"CARRIED"
Special Council Minutes -3 - September 21, 1998
Resolution #C-711-98
Moved by Councillor Young, seconded by Councillor Trim
THAT the meeting be "closed" to discuss a personnel matter.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-712-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT leave be granted to introduce By-law 98-140, being a by-law to
confirm the proceedings of the Council of the Municipality of Clarington
at this special meeting held on the 21st day of September 1998, and that
the said by-law be now read a first and second time.
Resolution #C-713-98
Moved by Councillor Schell, seconded by Councillor Trim
THAT the third and final reading of By-law 98-140 be approved.
"CARRIED"
Special Council Minutes - 4 - September 21, 1998
ADJOURNMENT
Resolution #C-714-98
Moved by Councillor Young, seconded by Councillor Schell
THAT the meeting adjourn at 4:02 p.m.
"CARRIED"
MAYOR
CLERK
SUMMARY OF CORRESPONDENCE
SEPTEMBER 28, 1998
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I — 1 Minutes of a meeting of the Newcastle Community Hall Board held on
August 12, 1998.
(Receive for Information)
I - 2 Ms. Christine Jones, Project Manager, Take Our Kids to Work, writing to advise
that preparations for Wednesday, November 4, Take Our Kids to Work Day, are
gathering momentum and enclosing a copy of the Work Place Guide for the
project.
(Receive for Information)
1-3 Mr. Mery K. Bowen, Regional Assessment Commissioner, writing to advise that
the Minister of Finance has announced that he intends to introduce legislation that
would, if passed, extend the deadline to appeal property assessment to
October 30, 1998. Opposition parties have indicated they would support this
extension. The legislature is scheduled to resume on September 28, 1998 and
legislation will be introduced as soon as possible after that date. In the meantime,
the Assessment Review Board will continue to receive appeals of assessment. "
(Receive for information)
I — 4 Minutes of a meeting of the Newcastle Community Hall Board held on
September 1, 1998.
(Receive for Information)
1-5 News Release received from Fisheries and Oceans Canada advising that the
Federal Department of Fisheries and Oceans announced a new collaborative
arrangement with local Conservation Authorities that will enhance the protection
and conservation of fish habitat. The Otonabee, Kawartha and Ganaraska Region
Conservation Authorities signed the work -sharing agreement that will see the
Conservation Authorities providing local review of development plans that
involve fish habitat.
(Receive for Information)
I — 6 Media Notice from the Education Improvement Commission advising that
Co-chairs Dave Cooke and Ann Vanstone and the Commissioners of the
Education Improvement Commission will hold public consultations about the role
of school councils in 22 Ontario locations between September 22 and October 7,
1998, between 7:00 p.m. and 8:30 p.m. A meeting is scheduled to be held in the
Bobby Orr Room of the Oshawa Civic Auditorium, 99 Thornton Road South on
Tuesday, September 29, 1998.
(Receive for Information)
Summary of Correspondence - 2 - September 28, 1998
1-7 Central Lake Ontario Conservation Authority Minutes No. 6 — Executive
Committee Meeting held on Tuesday, September 1, 1998.
(Receive for Information)
1-8 Media Release received from Margaret Rodgers, Curator Director, Visual Arts
Centre, announcing the winners of the Eighteenth Annual Juried Fine Arts
Exhibition. Awards will be presented Sunday, October 4, 1998, at 1:30 p.m.
Twelve artists will receive cash and honourable mentions with the Kinsmen
sponsored Best in Show award going to Bowmanville's Tia Bourne. Others
receiving awards are Bruna Franceschini, Charles Cooper, Alan Yuill,
Shelagh Gay, Mary Talbot Elliott, Nedda Zaharelos and Ryan Price. Honourable
Mentions include Richard Delany, Rose Hirano, Guy Parrotta and Tammy
Ratcliff.
(Receive for Information)
I — 9 Municipal Update received from Stikeman, Elliott, regarding a special AMO
Conference Issue, entitled "User Fees? Not So Fast."
(Receive for Information)
I — 10 Mavis Carlton expressing her appreciation for the help of staff members
Fred Horvath, Lou Ann Birkett, Sheila Roman, Larry Taylor, Rob Green and
Jennifer Cooke, for their assistance on Friday evening, September 18, 1998, in
readying the renovated Clarington Beech Centre for the Open House and
Fundraising Dinner and Dance at the Clarington Older Adult Association.
(Receive for Information)
1— 11 Evylin Stroud advising that Mayor Harare's suggestion of staff reporting back to
Council on the possibility of developers posting a financial letter of credit to
guard against the clear cutting of trees on land to be developed, is an excellent
one. Unfortunately there is a segment of our population who do not react to moral
persuasion. You appeal to their social or environmental conscience and it falls on
deaf ears. However, if a financial penalty is imposed these people pay heed. A
lot of developers fall into this category. This is not surprising because they are in
the money business. So the real threat of losing money might discourage them
from such acts of environmental vandalism that we have, unfortunately,
experienced in Clarington. As well, one of the difficulties of the Woodlot
Preservation Act is that the ridiculously small maximum penalty is imposed by
provincial legislation. Hopefully, there wouldn't be a similar stricture on letters
of credit.
(Receive for Information)
Summary of Correspondence - 3 - September 28, 1998
CORRESPONDENCE FOR DIRECTION
D-1 Janet Georgieff, Executive Director, The Lung Association, advising that the
Lung Association is one of Canada's oldest health charities and the Durham
Region office serves thousands of Durham residents each year. As they launch
their annual Christmas Seal Campaign, she requests that Clarington Council
proclaim November 1998 as Lung Awareness Month.
(Motion to Proclaim)
D-2 Muriel Moynes, Secretary, Clarington/Newcastle Block Parents, advising that
Block Parents are celebrating 30 years of safer communities. Each year, one
week in October is designated as Block Parent Week throughout Canada and
communities are asked to help promote the Block Parent program and to create a
safe community for all citizens. Accordingly, she requests that Clarington
Council proclaim the week of October 25 — 31, 1998 as Block Parent Week in the
Municipality of Clarington. Also, in recognition of the week, she requests an
official Block Parent Flag Raising at the Town Hall on Monday, October 26,
1998, at 9:30 a.m., with the flag to remain raised for the duration of Block Parent
Week.
(Motion to Proclaim)
D — 3 P.M. Madill, Regional Clerk, Regional Municipality of Durham forwarding
correspondence received from Brenda Clark, Acting Assistant to the Clerk,
County of Simcoe, requesting Council's endorsement of the following resolution:
"WHEREAS Bill 99, An Act to Review the Workers' Compensation Act enacts
the Workplace Safety and Insurance Act, 1997 effective January 1, 1998 and
renames the Workers' Compensation Board to the Workplace Safety and
Insurance Board, brought forth detrimental changes to the regulations affecting
Volunteer Fire Fighters in the Province of Ontario and the many communities
where volunteer fire fighters proudly and effectively serve;
BE IT THEREFORE RESOLVED THAT the County of Simcoe petition the
Province of Ontario to immediately consult with the Ontario Office of the Fire
Marshal and retroactively reinstate the compensation benefits previously provided
to the volunteer fire fighters;
AND FURTHER THAT the Workplace Safety and Insurance Board clearly
establish the return to work provisions for volunteer fire fighters;
AND FURTHER THAT a copy of this resolution be passed to all Counties and
Regions in the Province of Ontario and the Association of Municipalities of
Ontario."
(Motion for Direction)
Summary of Correspondence - 4 - September 28, 1998
D-4 Marg Maciver, Chair and Sally Barrie, Administrator, Clarington Community
Care, advising that October has been designated as Community Care Awareness
Month in the Region of Durham and across the province. Their goal is to
heighten awareness of Community Care's programs and services which are
available across the municipality and to recruit volunteers to help meet the ever
increasing needs in Clarington. On behalf of Clarington Community Care, they
are asking that the Municipality of Clarington proclaim October as Community
Care month in our community.
(Motion to Proclaim)
D — 5 Janice Harrison, Manager, Secretariat Services, Town of Markham, requesting
Council's consideration of the following resolution passed by the Council of the
Town of Markham on August 18,1998:
"RESOLVED THAT the presentation of Regional Councillor T. Wong with
respect to ethnic violence in Indonesia, be received;
AND THAT the Council of the Town of Markham endorses the following
statement of the Canadians concerned about Ethnic Violence in Indonesia to
request the Canadian Government:
To express to the Indonesian government and the international community
Canada's condemnation of the widespread violence including sexual
violations targeting the ethnic Chinese minority in Indonesia;
2. To call on the Indonesian government to respect human rights and to take
immediate action to stop the atrocities directed against the ethnic Chinese
minority as well as to guarantee their immediate protection;
To call on Indonesian government to:
a) Conduct an independent investigation into all aspects of the
systemic violence committed against ethnic Chinese, including the
role of the Indonesian police and the military in such acts of
violence;
b) Bring those individuals and organizations responsible for the
violent acts to justice;
4. To suspend Canada's foreign aid and other related assistance to
Indonesia until Canada's demand for action is met by the Indonesian
Government;
Summary of Correspondence - 5 - September 28, 1998
5. To undertake the necessary concrete measures to assure the safety of the
victims of the ethnic violence and of all those who are still at risk,
including the facilitation of visitor visa applications for Chinese
Indonesians who wish to seek temporary reprieve from the violence in
their home country; and
6. To designate Indonesia as a source country of refugees.
AND THAT the Municipalities and M.P.'s in the Greater Toronto Area, the
Ontario Human Rights Commission, the Canadian Human Rights Commission
and the United Nations be so advised."
(Motion for Direction)
D-6 Town of Gravenhurst Mayor and Council advising that Gravenhurst Council
passed the following resolution asking the Province of Ontario to make
amendments to the OMB Appeal process and/or the Planning Act because of the
potential for abuse of the process. Council expressed their concerns about the
efficiency and speed of the process related to OMB hearings as well as the ability
of individuals to delay or stall the process due to frivolous or vexatious objections
and requests Clarington Council's support with regard to the resolution:
"WHEREAS Council has serious concerns about the efficiency and speed of the
process related to OMB hearings caused by appeals against zoning by-law
amendments adopted by Council;
AND WHEREAS Council believes that objectors should meet a sufficiently high
standard for lodging and justifying such appeals against the decisions of a
democratically elected Council;
AND WHEREAS Council believes that the inefficiency of the current appeal
procedures and the potential for abuses of the process are of concern to most
municipalities in Ontario;
NOW THEREFORE BE IT RESOLVED THAT
The Minister of Municipal Affairs consider giving to municipal Councils
the authority to determine that an objection is frivolous, vexatious, or
irrelevant, similar to the authority of the minister regarding subdivision
plan objections;
2. The Planning Act regulation or the Ontario Municipal Board establish a
form for appeals that requires a detailed statement of reasons for the
appeal, so that the OMB may expeditiously determine the adequacy and
relevance of the reasons for an appeal;
Summary of Correspondence - 6 - September 28, 1998
3. The Ontario Municipal Board be directed to use its full authority to
dismiss appeals without a hearing when the appeals are frivolous,
vexatious, irrelevant, or not justified with adequate planning formation
and reasons;
4. The Planning Act be amended to require that an appeal (other than an
appeal by a landowner with respect to Council's refusal to rezone his
property) must be lodged by no fewer than five unrelated individuals or
corporations;
5. Copies of this resolution be sent to the Association of Municipalities of
Ontario with a request for a resolution of support;
6. Copies of this resolution be sent to Bill Grimmett, M.P.P., and to The
Honourable Al Leach, Minister of Municipal Affairs, and to the other
municipalities in Muskoka."
(Motion for Direction)
D-7 Valerie Dostie advising of problems being experienced with Blue Circle Cement
Co. working in the field along the Haul Road adjacent to her home. Since the
beginning of summer she has put up with the very loud noise from the giant earth
moving machines along with bad dust and very strong diesel fumes from the
machines. At times the noise and fumes are so bad she has had to bring her
children into the house and close the windows. The work would start at 7:00 a.m.
and finish at 7:00 p.m., sometimes 7 days a week. Mrs. Dostie has called Blue
Circle many times as well as Local and Regional Councillors, the By-law
Enforcement Officer, John O'Toole, M.P.P.'s office and Rod Adams from the
Ministry of the Environment. The exemption from the Noise By-law which Blue
Circle Cement Co. enjoys, is putting her family's health in jeopardy and she is
requesting that some guidelines be put in place to protect her family.
(Motion for Direction)
Summary of Correspondence - 7 - September 28, 1998
D-8 Evelyn R. Smith, Interim Executive Director, Victorian Order of Nurses, Durham
Region Branch, advising that she has been informed that the VON is no longer
eligible for a Nevada Licence within the Municipality of Clarington because it is
not a home-based organization. The Victorian Order of Nurses, Durham Region
Branch has been fortunate to have a licence in Orono at Noone's for the past few
years. As Council is aware, VON is a charitable not for profit community based
visiting nursing organization and the VON Durham Region Branch provides care
to the entire Region of Durham. It is not financially feasible to have a home base
in each municipality, but VON does provide services to numerous residents
within the Municipality of Clarington. She questions whether there is a
possibility of no new licences being issues but that the existing ones be
grandfathered.
(Motion to advise of eligibility of a
Provincial licence)
D-9 A Proposal to the Municipality of Clarington to provide the best care improving
the lives of children and youth with Type I Diabetes. The Centre is requesting
that the Municipality of Clarington give thoughtful consideration to a gift of
$5,000, the funds to be directly used for the continuance of the Best Centre's
ongoing program to improve diabetes management, education and support the
children and their families.
(Motion to advise of the municipal grant policy)
D — 10 Paul Brace, Manager of Planning, English -Language Public District School Board
No. 14, advising that the School Board has just recently become aware of an
Ontario Municipal Board Pre -Hearing Conference regarding Plan of Subdivision
18T-92014 — Northeast Courtice. The School Board is concerned that adequate
provision has not been made for a school site. Courtice area schools are already
over capacity with approximately 32 portables. We have written the municipality
regarding this issue a number of times dating back to 1992. The plan as it
currently exists provides for less than half a school site. Since we just became
aware of the draft plan conditions and the Ontario Municipal Board Pre -Hearing,
one meeting has been held with the landowner and one meeting with Municipal
Staff to explore solutions. They are asking the Ontario Municipal Board to
adjourn the Pre -Hearing for approximately 30 days to allow further discussion
with the developer and staff. He is requesting that Council defer approval of the
draft plan conditions for Subdivision 18T-92014 (Staff Report PD -107-98 — Item
#8 of Report #1) for approximately three weeks. He says that the following
conditions that were set for the Robinson Ridge Development in Southwest
Courtice in the recent past, that would also be applicable to the subject
development:
Summary of Correspondence - 8 - September 28, 1998
Prior to registration of the plan, the owner shall make the necessary arrangements
with the owners of adjacent lands so that the full six acre school site is deliverable
to the Kawartha Pine Ridge District School Board by the owner of this draft plan.
Prior to registration of the plan, the owner shall enter into an option agreement
with the Kawartha Pine Ridge District School Board for the purpose of the entire
public school site to the satisfaction of the School Board.
(Motion for Direction)
MUNICIPALITY OF
lar'ington
REPORT #1
ONTARIO
REPORT TO COUNCIL MEETING OF SEPTEMBER 28, 1998
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, SEPTEMBER 21, 1998
RECEIVED1. FOR INFORMATION
a) Report PD -112-98 - Urban Design and Transportation
Study Uptown Bowmanville and
West Bowmanville Gateway
b) Report CD -45-98 - Format of Council Agendas
c) Report CD -46-98 -
Official Opening — Animal
Shelter - September 26, 1998
d) Report CS -13-98 -
Canada World Youth Exchange -
Program — Russia/Ontario 1998
e) Report WD -48-98 -
Monthly Report on Building
Permit Activity for August,
1998
2. FORTHWITH RECOMMENDATIONS
FOR COUNCIL'S RATIFICATION
a) Addendum to Report -
Rezoning Application and
PD -97-98
Proposed Plan of Subdivision,
Bayly Holdings, Part Lot 16,
Concession 1, Former Township
of Darlington
3. CLARINGTON OFFICIAL PLAN
AMENDMENT, JAMES AND GLADYS
MILLSON, PART LOTS 25 AND
26, CONCESSION 7, FORMER
TOWNSHIP OF DARLINGTON
THAT Report PD -103-98 be received;
THAT the application to amend the Clarington Official
Plan, submitted by James and Gladys Millson, be referred
back to Staff for further processing and the preparation
of a subsequent report upon receipt of all outstanding
comments; and
CORPORATION OF THE MUNICIPALITY OF CLARINGTON W
�:-EMPERANCE STREET • BOWMANVILLE -ONTARIO • LIC 3A6 • (9051 6233379 • FAX 623-4169 .evuroo. •e•
Report #1 - 2 - September 28, 1998
THAT the Durham Region Planning Department, all
interested parties listed in Report PD -103-98 and any
delegation be advised of Council's decision.
4. CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT,
PETER, MATINA, JOHN & SPERO SOTIRIADIS, PART LOT 28,
CONCESSION 3, FORMER TOWNSHIP OF CLARKE
THAT Report PD -104-98 be received;
THAT the application to amend Comprehensive Zoning By-
law 84-63, as amended, and the application to amend the
Clarington Official Plan, as amended, submitted by Barry
Jones on behalf of Peter, Matina, John and Spero
Sotiriadis, be referred back to Staff for further
processing and the preparation of a subsequent report
upon receipt of all outstanding comments; and
THAT the Durham Region Planning Department, all
interested parties listed in Report PD -104-98 and any
delegations be advised of Council's decision.
5. PROPOSED ZONING AMENDMENT TO INCREASE THE SIZE OF A
SINGLE CAR GARAGE
WHEREAS serious concerns have been expressed pertaining
to the parking problems in Clarington; and
NOW THEREFORE BE IT RESOLVED THAT Report PD -105-98 be
tabled to allow for serious dialogue with the Durham
Home Builders Association and the Urban Development
Institute in an effort to resolve this issue.
6. AMENDMENT NO. 10 TO THE CLARINGTON OFFICIAL PLAN
MODIFICATION NO. 171 TO THE CLARINGTON OFFICIAL PLAN
REFERRAL NO. 3 OF THE CLARINGTON OFFICIAL PLAN
APPLICATION TO AMEND THE OFFICIAL PLAN OF THE FORMER
TOWN OF NEWCASTLE, CLARET INVESTMENTS LTD. & UVALDE
INVESTMENT CO., PART LOT 27, CONCESSION 3, FORMER
TOWNSHIP OF DARLINGTON
THAT Report PD -106-98 be received;
THAT the Ontario Municipal Board be requested to:
i) with respect to the private Official Plan
Amendment appeal, to amend the Clarington Official
Plan by incorporating in the changes set out in
proposed OPA No. 10;
Report #1 - 3 - September 28, 1998
ii) with respect to Referral No. 3, to modify in
accordance with Modification No. 171 contained in
Attachment No. 2 to Report PD -106-98, the referred
provisions of the Clarington Official Plan,
amended by proposed OPA No. 10 set out in
recommendation 2(i) and to approve the referred
provision of the Official Plan as so amended and
modified; and
iii)to refuse to approve the application to amend the
former Town of Newcastle Official Plan (File: OPA
92-N/007) and to dismiss the appeal in respect of
it.
THAT the revisions to Amendment No. 10 be deemed minor
in nature and that a new Public Meeting to consider the
revised Amendment be deemed not necessary; and;
THAT a copy of the decision of Council be forwarded to
the Regional Planning Department, the applicant and any
delegation.
7. FINANCIAL REQUIREMENT ON DEVELOPERS
THAT staff be requested to review and report on imposing
a financial requirement on developers before a
subdivision is approved to ensure that trees are not
removed prematurely without the approval of the
Municipality.
8. REVISED PLAN OF SUBDIVISION AND REZONING APPLICATION,
CLARET INVESTMENT LTD. & UVALDE INVESTMENT CO., PART LOT
27, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
THAT Report PD -107-98 be received;
THAT the By-law contained in Attachment No. 2 to Report
PD -107-98 be given two readings but not be finally
enacted by Council;
THAT the Ontario Municipal Board (OMB) be requested to:
_) approve the revised draft plan of subdivision
18T-92014 subject to the conditions contained in
Attachment No. 1 to Report PD -107-98; and
ii) allow the appeal by Claret Investments Ltd. and
Uvalde Investment Co. (formerly Rexgate Holdings
Ltd.) by enacting the attached zoning by-law
amendment as detailed in Attachment No. 2 to Report
PD -107-98.
Report #1 - 4 - September 28, 1998
THAT the Mayor and Clerk be authorized, by by-law, to
execute the Subdivision Agreement between the Owner of
the Draft Plan of Subdivision and the Corporation of the
Municipality of Clarington at such time as an agreement
has been finalized to the satisfaction of the Director
of Public Works and the Director of Planning and
Development in the event that the OMB orders draft
approval of the subdivision;
THAT the Holding (H) symbols be removed by By-law upon
the execution of a Subdivision Agreement in the event
that the OMB orders the approval of the zoning by-law;
and
THAT all interested parties listed in Report PD -107-98
and any delegation be advised of Councils decision.
9. REVISED PLAN.OF SUBDIVISION AND REZONING APPLICATION,
CLARET INVESTMENTS LTD & UVALDE INVESTMENTS CO., PART
' LOT 28, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
THAT Report PD -108-98 be received;
THAT the By-law contained in Attachment No. 2 to Report
PD -107-98 be given two readings but not be finally
enacted by Council;
THAT the Ontario Municipal Board (OMB) be requested to:
i) approve the revised draft plan of subdivision 18T-
94027 subject to the conditions contained in
Attachment No. 1 to Report PD -107-98; and
ii) allow the appeal by Claret Investments Ltd. and
Uvalde Investment Co. (formerly Rexgate Holdings
Ltd.) by enacting the zoning by-law amendment as
detailed in Attachment No. 2 to Report PD -107-98.
THAT the Mayor and Clerk be authorized, by by-law, to
execute the Subdivision Agreement between the Owner of
the Draft Plan of Subdivision and the Corporation of the
Municipality of Clarington at such time as an agreement
has been finalized to the satisfaction of the Director
of Public Works and the Director of Planning and
Development in the event that the OMB orders draft
approval of the subdivision;
THAT the Holding (H) symbols be removed by By-law upon
the execution of a Subdivision Agreement in the event
that the OMB orders the approval of the zoning by-law;
and
Report #1 - 5 - September 28, 1998
THAT all interested parties listed in Report PD -107-98
and any delegations be advised of Council's decision.
10. EXEMPTION FROM PART LOT CONTROL APPLICATION, 290572
ONTARIO INC., PART LOT 29, CONCESSION 2, FORMER TOWNSHIP
OF DARLINGTON, 65 AVONDALE DRIVE
THAT Report PD -109-98 be received;
THAT the request for removal of Part Lot Control in
respect of Block 38 on Plan 40M-1779 be approved;
THAT the by-law, attached to Report PD -109-98 be
approved and forwarded to the Regional Municipality of
Durham pursuant to Section 50 (7.1) of the Planning Act;
and
THAT all interested parties listed in Report PD -109-98
and any delegations be advised of Council's decision.
11. REZONING APPLICATION — MUNICIPALITY OF CLARINGTON,
RETAIL FARM STANDS
THAT Report PD -110-98 be received;
THAT the issue of farm produce outlets be considered and
reviewed within the context of the comprehensive review
and drafting of the new zoning by-law for the
Municipality of Clarington; and
THAT all interested parties listed in Report PD -110-98
and any delegations be advised of Council's decision.
12. MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF AUGUST 27, 1998
THAT Report PD -111-98 be received;
THAT Council concur with decisions of the Committee of
Adjustment made on August 27, 1998 for Applications
A98/035 to A98/039, inclusive; and
THAT Staff be authorized to appear before the Ontario
Municipal Board to defend the decisions of the Committee
of Adjustment for Applications A98/035 to A98/039
inclusive, in the event of an appeal.
Report #1 - 6 - September 28, 1998
13. ANIMAL SERVICES MONTHLY REPORT FOR MONTH OF MAY, 1998
THAT Report CD -42-98 be received for information; and
THAT a copy of Report CD -42-98 be forwarded to the
Animal Alliance of Canada and the Animal Advisory
Committee.
14. ANIMAL SERVICES MONTHLY REPORT FOR MONTH OF JUNE, 1998
THAT Report CD -43-98 be received for information; and
THAT a copy of Report CD -43-98 be forwarded to the
Animal Alliance of Canada and the Animal Advisory
Committee.
15. PARKING ENFORCEMENT REPORT FOR THE MONTH OF AUGUST, 1998
THAT Report CD -44-98 be received for information; and
THAT a copy of Report CD -44-98 be forwarded to the
Bowmanville Business Centre for their information.
16. LEASE AGREEMENT, 247 KING STREET EAST, NEWCASTLE,
ONTARIO
THAT Report TR -71-98 be received;
THAT the By-law, attached to Report TR -71-98 marked
Schedule "A" be approved, authorizing the Mayor and the
Clerk to sign a rental agreement with Claude Miller; and
T`_•iAT Claude Miller be advised of Council's actions.
17. MONTHLY FIRE REPORT - AUGUST, 1998
T -HAT Report FD -13-98 be received for information; and
T_ -UT a letter of appreciation be forwarded by Mayor
Hamre and Members of Council thanking all of the
Firefighters for their volunteer efforts which benefit
all members of the community.
Report #1 - 7 - September 28, 1998
18. PROPOSED EXTENDED HOURS OF HANDI TRANSIT SERVICES
THAT Report WD -49-98 be received for information;
THAT a 16 week trial period be approved to provide
evening, weekend and holiday service by sharing the
existing after-hours Oshawa bus with Oshawa and Whitby
by applying an hourly rate to the Clarington budget as
residents need the service; and
THAT Ben Chartier advise Council at the end of November
of the progress of the test period and recommendation as
to continuance or termination of the extended hours.
19. ONTARIO '99 RINGETTE CANADA WINTER GAMES
THAT the correspondence received from Glen Gaudet, Head
Coach and Sadie Bulger, participant, Ontario 199
Ringette Canada Winter Games requesting financial
support, be received;
THAT the Municipality of Clarington forward a cheque in
the amount of $100.00 in support of this endeavour; and
THAT Glen Gaudet and Sadie Bulger be advised that the
Municipality of Clarington fully supports her efforts.
20. DELEGATION OF LIBBY RACANSKY
THAT the delegation of Libby Racansky be acknowledged.
1k. REPORT 12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: COUNCIL File #
Date: September 28, 1998 Res. #
Report #: CD -47-98 By-law #
Subject: DECLARATION OF VICIOUS DOG • DEMELO
It is respectfully recommended:
THAT Report CD -47-98 be received; and
2. THAT the vicious dog declaration served on Brian Demelo, 27 Elephant Hill Drive not be revoked.
BACKGROUND AND COMMENT
By-law 97-167 provides that the Animal Control Services Officers shall investigate any dog bit incidents
and, when satisfied that the dog has, without provocation, bitten or attacked a person or domesticated
animal, the officer shall declare the dog to be a vicious dog.
In the case of Brian Demelo, the Police Department investigated a situation where the complainant was
walking his dog along Elephant Hill Drive when Mr. Demelo's pit bull terrier charged onto the street and
jumped at the boxer, biting it on the top of the back and latching on. While attempting to get the dog to
release its grip, the complainant received two small cuts on his fingers.
Upon investigation by Animal Control Officers, Mr. Demelo was charged with allowing his dog to run at
large and the dog was declared vicious. On September 15, 1998, Mr. Demelo pled guilty to the running at
large charge and was fined $25.00 with 30 days to pay.
Under the vicious dog declaration, Mr. Demelo has been advised he must:
have the dog photographed and permanently identified by microchip, at his expense, within 21
days of receipt of the declaration;
2. notify Clarington Animal Control Services immediately upon relocating the dog or upon transferring
ownership of the dog;
Report CD -47-98 - 2 - September 28, 1998
3. restrain the dog at all times by keeping it enclosed in a pen or other enclosure so as to provent the
dog from leaving his property and to prevent contact with people and other animals when the dog
is on his own property; and
4. restrain the dog at all time with the use of a leash and a muzzle by a person who is 18 years of
age or older while the dog is off his own property.
Section 2.4 of the by-law allows that an owner of a vicious dog may apply to the Municipality for a hearing
as to whether or not the declaration should be revoked. Mr. Demelo is appealing only that section of the
declaration which states that his dog must be muzzled when off of his property. When the police officer
attended at Mr. Demelo's home, the dog was crashing into the front door window, barking and growling at
him. Due to the viciousness of the attack and the area in which this dog resides, the officer requested a
follow up by Animal Control Serves and appropriate charges laid.
Upon attending at the home, the Animal Control Officers stated that the dog reacted in the same manner
as with the police officer. Accordingly, and in order for the municipality's by-law to be enforceable, it is
recommended that the declaration not be revoked.
Enc
Reviewed by
W.H. Stockwell
Chief Administrative Officer
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THE CORPORATION OF TH�MUNICIPALITY OF CLARINGTON REPORT 13
REPORT
Meeting: COUNCIL
File #
Date: September 28, 1998 Res. #
Report #: CD -48-98
Subject: DECLARATION OF VICIOUS DOG • THOMPSON
It is respectfully recommended:
THAT Report CD -48-98 be received; and
By-law #
2. THAT the vicious dog declaration served on James Thompson, 22 Stanford Crescent, Newcastle
not be revoked.
BACKGROUND AND COMMENT
By-law 97-167 provides that the Animal Control Services Officers shall investigate any dog bit incidents
and, when satisfied that the dog has, without provocation, bitten or attacked a person or domesticated
animal, the officer shall declare the dog to be a vicious dog.
In the case of James Thompson, a 5 year old boy and his black lab were in the driveway across from the
Thompson's residence. The father of the boy was buying an ice cream bar from a Dickee-Dee Vendor
when they were attacked by a german shepherd. The dog sustained injuries which caused breathing
difficulties and the owner sustained injuries to his right ankle.
Following an investigation of the incident, the Animal Control Officers charged the Thompson's with
allowing their dog to run at large and failing to obtain a licence for the dog. On September 15, 1998, the
Thompson's pled guilty to these charges. They were fined $75.00 with 30 days to pay.
At the time the charges were laid, a Declaration of Vicious Dog was also served on the Thompson's.
Accordingly, the Thompson's must:
have the dog photographed and permanently identified by microchip, at his expense, within 21
days of receipt of the declaration;
2. notify Clarington Animal Control Services immediately upon relocating the dog or upon transferring
ovdnership of the dog;
Report CD -48-98 - 2 - September 28, 1998
3. restrain the dog at all times by keeping it enclosed in a pen or other enclosure so as to provent the
dog from leaving his property and to prevent contact with people and other animals when the dog
is on his own property; and
4. restrain the dog at all time with the use of a leash and a muzzle by a person who is 18 years of
age or older while the dog is off his own property.
Section 2.4 of the by-law allows that an owner of a vicious dog may apply to the Municipality for a hearing
as to whether or not the declaration should be revoked. Mrs. Thompson is appealing all of this declaration
as she does not believe her dog is vicious.
Statements from a witness to the incident indicate that the vicious dog had to be kicked in the side in order
to get him away from the lab. A small child was put into a very dangerous situation because of the actions
of the dog and it's owner in letting it run loose. Also, the owner of the lab was injured while attempting to
save his dog from the attack. It is recommended that the vicious dog declaration not be revoked in order to
protect the neighbours from attacks by this dog in future.
Enc
Reviewed by
W.H. Stockwell
Chief Administrative Officer
SEP. -18' 98(FR1) 10;58 DANIELS CORPORATION IBL: 416 919 U413 FAUI
Michele Thompson
22 Stanford Crescent.
Newcastle, On
I,1S 1G1
416-598-2129 (business)
905-987-3927 (home)
TO: Clarington Clerk
DATE: September 18,
RB Declaration of
Declaration i
ISSUED TO: James
I (Michele Thompson, acting as agi nt for James Thompson) would like to be put on the agenda for
the next Council meeting (Monch y, September 28,1998) to appeal Declaration #98-03. Also
attending will be Rosalind Paton, a ertifted dog trainer and dog evaluator. She would like to speak
also for my dog and will bring ir an assessment of him. Some of my neighbours will also be
attending to vouch for my dog's 9c od nature.
I would like to appeal all of this (61 aration. I do not believe my dog is vicious at all nor does anyone
that knows my dog. I have had h m since he was 8 weeks old. Hee grown up around babies and
children. I have done home dayene for about 8 children over the last 6 years and he has never
behaved aggressively towards the cl 'ldren or their parents.
SUMMARY OF BY-LAWS
SEPTEMBER 28,1998
BY-LAWS
98-141 being a by-law to amend By-law 98-9, a by-law to appoint Members to the
Bowmanville Museum Board (Approved by Council June 29, 1998);
98-142 being a by-law to amend By-law 98-1, a by-law to appoint Members to the
Clarke Museum Board (Approved by Council June 29, 1998);
98-143 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle (Claret Investment Ltd.
& Uvalde Investment Co.) (Item #8 of Report #1);
98-144 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle (Claret Investment Ltd.
& Uvalde Investments Co.) (Item #9 of Report #1);
98-145 being a by-law to designate a certain portion of Registered Plan 40M-1779 as
not being subject to Part Lot Control (Item #10 of Report #1);
98-146 being a by-law to authorize the execution of an Offer to Lease Agreement
between the Corporation of the Municipality of Clarington and Claude Miller
in respect of a lease of premises situated at 247 King Street East, Newcastle,
Ontario (Item #16 of Report #1); and
98-147 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of
the Corporation of the Municipality of Clarington (Bayly Holdings) (Item #2
of Report #1).