HomeMy WebLinkAbout10/20/2003
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
October 20,2003
Minutes of a regular meeting of Council
held on October 20,2003, at 7:00 p.m.,
in the Council Chambers
Councillor Schell led the meeting in prayer.
Mayor J. Mutton
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Confidential Secretary to the Municipal Clerk, H. Keyzers
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
MINUTES
Councillor Schell indicated that he would be disclosing a pecuniary
interest with respect to Correspondence Item 1- 15.
Resolution #C-530-03
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a special meeting of Council held on
September 26, 2003, be approved.
"CARRIED"
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MINUTES
PUBLIC MEETING
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October 20, 2003
Resolution #C-S31-03
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the minutes of a regular meeting of Council held on
September 29, 2003, be approved.
"CARRIED"
Mayor Mutton advised Council that he has requested the Chief
Administrative Officer to coordinate a Board of Trade Job Fair to
help the employees of Goodyear to lessen the impact of the
downsizing of their plant.
Mayor Mutton advised Council of an article he read in the Toronto
Star stating that the Iter Project is dead. He noted that the project
is not dead and that a decision must be made before the November
Sth meeting in China.
Mayor Mutton noted that this will be Councillor Rowe's last meeting.
He thanked her for the past six years of dedicated service and
noted that staff and her fellow Council Members will miss her.
A public meeting is being held for the purpose of passing a by-law
to stop up and close a portion of the unopened road allowance Part
2 of Plan 40R-22273.
No one spoke in opposition to or in support of this road closure.
Resolution #C-532-03
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Frank Feldman, Joel Sloggett and Bill Hasiuk be added to
the agenda to be heard as delegations.
"CARRIED"
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PRESENTATIONS
DELEGATIONS
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October 20, 2003
Representatives of the Ontario Power Generation and St. Marys
Cement presented Mayor Mutton with sponsorship cheques for the
Clarington Sports Hall of Fame.
Mayor Mutton presented Don Terry, Ontario Power Generation with
a clock congratulating OPG on 25 years of service within the
Municipality.
Jim Connell, President, Royal Canadian Legion, presented Mayor
Mutton with the Book of Service. The Mayor advised Council that
the Municipality of Clarington wanted to provide a specific form of
recognition for the individuals who served their country. The most
effective way to do this was to prepare a Book of Service listing the
individual's name and service. On behalf of Council and the
citizens of Clarington, we appreciate their courage, their pride and
their commitment to their country.
Evylin Stroud, 89 Little Avenue, Bowmanville, L 1C 1J9, appeared
before Council to discuss Report PSD-115-03, the King Street East
Corridor Study. Ms. Stroud discussed the air quality of drive-
through restaurants, as they generate lots of idling cars, which
contribute to air pollution. This area is surrounded by residences
as well as a hospital, elementary school and a home for senior
citizens. The report mentions making the area more pedestrian
friendly. There seems to be little point in making the area
pedestrian friendly if you are also allowing the air that those
pedestrians will breathe to be poisoned with car exhaust. The
Accessibility Advisory Committee, which Ms. Stroud is a member
of, reported earlier to Council that this area of town was very
difficult for disabled people with vision or mobility problems. She is
requesting that the Planning Department or the consultants meet
with the Accessibility Advisory Committee to assist in making the
area much more accessible to everyone. Ms. Stroud also noted
that placing the parking to the back of the stores can create a
safety hazard. If parking needs to be behind the stores, there must
be a easy way to get to and from the stores, it must be well lit and
the actual parking must be kept as far away as possible from
garbage storage and landscaping that could hide people lurking in
the shadows at night. She is requesting that Council direct the
Planning Department to keep public safety in mind whenever any of
the existing parking areas are being reconfigured or new parking
areas are being designed.
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October 20, 2003
DELEGATIONS
Phyllis Baker, Chair, Clarington Public Library Board of Trustees,
163 Church Street, Bowmanville, L 1 C 1 T7, provided Council with a
power point presentation pertaining to Ontario Public Library Week.
Her presentation highlighted the following:
. stories from the library;
. the library system;
. the library and its users;
. current programs;
. current collection;
. reference services;
. access databases;
. online catalogue;
. CPL partnerships;
. fuel for life;
. the branches;
. main branch - Bowmanville;
. main branch - by the numbers;
. . system wide statistics; and
. into the future.
Janie Dodds, 3917 Concession Road 8, Orono, LOB 1 MO, advised
prior to the meeting that she would not be in attendance.
Kevin Anyan, 36 King Street East, Bowmanville, L 1 C 1 N2,
addressed Council seeking approval of the Rotary Club's concept
of building a garden at the Visual Arts Centre. Mr. Anyan provided
a power point presentation highlighting the following:
. who is Rotary;
. Rotary world wide guards;
. the proposed location - Visual Arts Centre;
. what they want to achieve;
. things people can do in the garden;
. Phase One - creation of site identify signage;
. long term goal; and
. answers to some frequently asked questions.
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Bob Stephenson, 170 Given Road, Newcastle, L 1 B 1 G9, was
called but was not present.
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DELEGATIONS
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October 20, 2003
Martin Gerkes, 4726 Rundle Road, Hampton, LOB 1JO, appeared
before Council regarding Report PSD-137 -03. He noted that the
Region will be refunding him for the fees that he was charged
pertaining to the Education Development Charge Fees.
Grant Dagnall, 82 Elgin Street, Bowmanville, L 1C 3E4, was called
but was not present.
Ronald Williams, 27 Rhonda Boulevard, Bowmanville, L 1 C 3W3,
was called but did not wish to speak.
Resolution #C-533-03
Moved by Councillor Schell, seconded by Councillor Trim
THAT the delegation of Alan Aitken be referred to be heard
following Bill Hasuik.
"CARRIED"
Frank Feldman, Kiradaar (Ontario) Inc./1151677 Ontario Inc., 3100
Steeles Avenue West, Suite 500, Vaughan, L4K 4Y4, was called
but was not present.
Joel Sloggett, Peterborough Victoria Northumberland and
Clarington Catholic District School Board, 1355 Lansdowne Street
West, Peterborough, K9J 7M3, appeared before Council regarding
Report PSD-127-03. Mr. Sloggett noted that members of the St.
Elizabeth School Council were also present with him this evening.
Mr. Sloggett reiterated the School Board's support of the
recommendations contained within Report PSD-127 -03 and noted
that they are looking forward to working with the Municipality.
Bill Hasiuk, P.O. Box 10, Enniskillen, LOB 1JO, requested Council's
permission to receive a Road Occupancy Permit for the Farmers'
Christmas Parade of Lights. This will be their 5th annual parade
held by the farmers and he noted that the parade has been growing
over the years. Mr. Hasiuk advised Council that all the farmers
carry liability insurance. This year's parade is planned for
Wednesday, December 3, 2003.
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DELEGATIONS
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October 20, 2003
Mr. Hasiuk also requested if the insurance needed for the Road
Occupancy Permit could be covered by the municipality for this
event.
Resolution #C-534-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the meeting be "closed" to hear the delegation of Alan Aitken
and to consider Confidential Report CLD-039-03 regarding a
personnel issue followed by a 10 minute recess.
"CARRIED"
The meeting reconvened at 8:10 p.m.
Resolution #C-535-03
Moved by Councillor Trim, seconded by Councillor Pingle
THAT the communications to be received for information, be
approved with the exception of Items I - 1, I - 3 and 1- 15.
"CARRIED"
Organizing Committee, Village Concerts, thanking Council for
supporting this first annual series of Village Concerts. They often
had crowds of 150 or more enjoying the music in the park, and
many regulars were out every week. They received nothing but
positive comments about the concert series, and there was a
unanimously positive response from the audience when they were
asked if they should continue the series next year.
(Received for Information)
Minutes of the Newcastle Village Business Improvement
Association dated September 11, 2003.
(Received for Information)
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October 20, 2003
Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham, advising Council that the Region of Durham on September
16, 2003, passed the following resolution regarding the Province's
Regulation issued under the Nutrient Management Act, 2002:
"a) THAT Commissoner's Report No. 2003-P-87 be
received for information; and
b) THAT a copy of Commissioner's Report No. 2003-P-
87 be forwarded to the Area Municipalities in Durham,
the Durham Agricultural Advisory Committee, the
Durham Environmental Advisory Committee and the
Durham Region Federation of Agriculture."
(Received for Information)
Minutes of the Ganaraska Region Conservation Authority meeting
dated September 18, 2003.
(Received for Information)
Minutes of the Clarington Public Library meeting dated June 25,
2003.
(Received for Information)
John O'Toole, MPP, Durham, providing Council with a copy of a
letter from the Honourable Elizabeth Witmer concerning the
Municipality of Clarington's resolution to amend the Education Act
and require that a trustee reside in the geographic area he or she
represents. Ms. Witmer remains confident that dedicated school
board trustees will work together to represent the interests of all
students within the board's jurisdiction, and not simply the students
within the geographic area the trustee represents. This has
certainly been the case in boards that elect their trustees at large.
(Received for Information)
John O'Toole, MPP, Durham, providing Council with a copy of a
letter from the Honourable Janet Ecker, Minister of Finance, in
response to Clarington Council's endorsement of the Essex County
resolution on Ontario Municipal Economic Infrastructure Financing
Authority (OMEIFA). OMEIFA is now open for business and ready
to begin making low-interest loans that support local municipal
infrastructure projects. Unfortunately the federal government has
declined to participate in this important initiative. Instead, the 2003
federal budget allocated only $100 million next year for
infrastructure across all of Canada.
(Received for Information)
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October 20,2003
Minutes of the Clarington Highway 407 Community Advisory
Committee meeting dated September 2, 2003.
(Received for Information)
Minutes of the Durham Nuclear Health Committee meeting dated
September 12, 2003.
(Received for Information)
Federation of Canadian Municipalities (FCM) advising Council that
the Supreme Court dismissed the applications of FCM and five
municipal governments for leave to appeal the Canadian Radio-
television and Telecommunications (CRTC) Decision 2001-23.
That Decision addressed a rights-of-way access dispute between
the City of Vancouver and Ledcor Industries Ltd. In its Decision,
the CRTC ruled that it could unilaterally determine the term under
which Ledcor could obtain access to a number of Vancouver
streets, and the Federal Court of Appeal upheld the Decision. In
accordance with the usual practice of the Supreme Court, no
reasons were given for its refusal to hear the FCM and municipal
appeals.
(Received for Information)
Federation of Canadian Municipalities (FCM), advising Council that
FCM, the Canadian Urban Transit Association and Moving the
Economy have released jointly a study entitled Transit Means
Business: The Economic Case for Public Transit in Canada. The
study is the first attempt in Canada to examine the contribution
urban transit makes to the national economy. These benefits
include economic activity and spending in the transit industry itself,
labour mobility, health, safety and environmental improvements,
property value effects, and congestion savings.
(Received for Information)
John O'Toole, MPP, Durham, thanking Council for providing him
with a copy of the resolution of September 15, 2003, regarding The
Road Ahead - A Fair Deal for Municipalities and the City of
Vaughan's resolution on referendums. Mr. O'Toole wishes to
continue to listen and to work with municipal and regional partners.
His position is that you must grow the economy and the revenue to
keep up with the demands.
(Received for Information)
Minutes of the Central Lake Ontario Conservation Authority
meeting dated September 16, 2003.
(Received for Information)
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October 20, 2003
Matthew Hildebrand, World Organization to Investigate the
Persecution of Falun Gong (WOIPEG), advising Council that
WOIPEG has received reports that Chinese officials have been
distributing hate-inciting materials against Falun Gong in Canada,
especially to government officials.
(Received for Information)
Don Reid, Registered Reflexology Council of Ontario, praising
Council for addressing their concerns in the Clarington's Body Rub
By-law.
(Received for Information)
Minutes of the Site Planning Committee meeting dated May 16,
2003.
(Received for Information)
Durham Haliburton Kawartha & Pine Ridge District Health Council,
providing Council with a copy of their Annual Report.
(Received for Information)
Sylvia Hudson, Vice-Chair, Ontario Civilian Commission on Police
Services, providing Council with a copy of their pamphlet,
Resolving Complaints - Your Guide for Filing Complaints About
Police Conduct, Services and Policies in Ontario. This pamphlet
has been circulated to raise public awareness of the work of the
commission and the public complaints process.
(Received for Information)
Utilia Amaral, Director, Ontario Rental Housing Coalition, providing
Council with a copy of their brochure. Ontario's new rental housing
supply is on the rise. According to the Canada Housing and
Mortgage Corporation, since the "Tenant Protection Act" was
introduced, new rental construction in Ontario has increased by
400%.
(Received for information)
The Honourable Gar Knutson, Secretary of State - Central and
Eastern Europe and Middle East, advising Council that the
Government of Canada submitted a proposal to the Iter parties in
June 2001, to host the Iter project in Canada at Clarington, Ontario.
Site technical evaluations have now taken place and the Canadian
site has received high technical marks. The Iter parties are not
expected to finalize the site selection until at least October 2003.
(Received for Information)
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October 20, 2003
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P.M. Madill, Regional Clerk, Region of Durham, advising Council
that the Region of Durham on October 1, 2003, passed the
following resolution:
"a) THAT the request of the Mayor of Whitby for his
community to be designated as under-serviced for
general practitioners/family physicians be endorsed;
b) THAT the resolution of the Council of the City of
Pickering regarding the expansion of employment
opportunities for nurse practitioners in the City of
Pickering be endorsed;
c) THAT similar requests or resolutions from any other
Durham municipality for support regarding improving
access to medial and primary care services be
endorsed upon receipt by the Health and Social
Services Committee; and
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THAT the Premier of Ontario, Ministers of Health and
Long-Term Care and Training, Colleges and
Universities, Durham Region's M.P.P.'s and the
Mayors and Councils of all Durham's municipalities be
so advised."
(Received for Information)
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Suzanne Stickley, Communications Officer, Port Hope Area
Initiative, inviting Council to attend Expo '03 at the Port Hope High
School on Friday, October 24,2003, from 6:00 p.m. to 9:30 p.m.,
and Saturday, October 25,2003, from 10:00 a.m. to 4:00 p.m. This
trade show-type open house will focus on Environmental
Assessment activities under the Port Hope Area Initiative during the
past year. There will be displays, reports and experts on hand to
discuss the progress of the Port Hope and Port Granby Long-Term
Low-Level Radioactive Waste Management Projects.
(Received for Information)
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Claude Mailloux, Coordinator, International Association of Great
Lakes and St. Lawrence Mayors, providing Council with a copy of
the minutes of the 17th annual meeting held on June 17,2003.
Their next annual conference will be held in Chicago, Illinois on July
14 - 16, 2004.
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(Received for Information)
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October 20,2003
Walt Gibson, Organizer, Terry Fox Run, advising Council that this
year's run on September 14, 2003, was the biggest and best ever
held in Clarington. Early results indicated that the run raised over
$82,000 and was attended by over 1,500 participants. The Terry
Fox Run could not have taken place without the support of Fred
Horvath and his team at the Operations Department. Their
assistance, particularly on run-day, was crucial to making this not
only a successful, but also a safe and enjoyable event for so many
people. Particular thanks are extended to Grant Ashton and Ron
Baker for their assistance throughout the planning stages of this
event.
Resolution #C-536-03
Moved by Councillor Trim, seconded by Councillor Pingle
THAT Correspondence Item I - 1 be received for information.
"CARRIED"
Federation of Canadian Municipalities, advising Council that the
Green Municipal Funds are changing to better meet the needs of
municipal governments. Effective August 26, the grant cap on the
Green Municipal Enabling Fund (GMEF) is raised to $350,000 from
$100,000 with GMEF covering, as now, up to half of eligible costs
of feasibility studies and field tests. Second, the date from which
GMEF and Green Municipal Investment Fund (GMIF) eligible costs
are calculated is advanced to the date the Intent to Apply is
accepted, rather than from the date GMF deems the application
complete. The change allows communities to hire consultants to
develop and complete applications.
Resolution #C-537-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Correspondence Item 1- 3 be referred to staff.
"CARRIED"
Councillor Schell stated a pecuniary interest with respect to
Correspondence Item I - 15, vacated his chair and refrained from
discussion on the subject matter. Councillor Schell's employer is
St. Marys Cement.
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October 20, 2003
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Minutes of the St. Marys Cement Community Relations Committee
meeting dated September 16, 2003.
Resolution #C-538-03
Moved by Councillor Trim, seconded by Councillor Ping Ie
THAT Correspondence Item 1-15 be received for information.
"CARRIED"
Correspondence Item D - 19 was distributed as a handout and
considered in conjunction with Correspondence Item D - 11 .
Resolution #C-539-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Correspondence Items be approved as per the agenda, with
the exception of Items D - 1, D - 7 and D - 14 to D - 18, inclusive.
"CARRIED"
D - 2 Heather Armstrong, writing to Council with her concerns regarding
D14.ZBA.2003.028 the proposed building of houses along the creek near her home at
68 Duke Street. She is 10 years old and very concerned about the
wetlands and greenspace being ruined by putting buildings on
them. We need nature more than we need more houses. No one
has thought twice about the animal habitat they would be
destroying.
(Correspondence referred to the
Director of Planning Services)
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COMMUNICATIONS
D - 3 Nancy Armstrong, expressing her opposition to the application by
D14.ZBA.2003.028 1389877 Ontario Inc. Several years ago, a similar application was
made, at which time many signatures of area residents were
submitted to Council, also in opposition to the building of a
subdivision on the east side of Bowmanville Creek. Her thoughts
and concerns have not changed. She still feels that the green
space and wildlife in this area is far too important to ruin, as it has
disappeared rapidly all over Clarington the past several years. Ms.
Armstrong is quite sure the fish, rabbits, ducks and many other
species of wildlife that live in or around the creek don't care that the
request has been modified from townhouses to links and single
dwellings. Access to these new 114 dwellings is going to be via
Nelson and Hunt Streets, the way the proposal is now. Neither one
of these roads are in very good condition, nor are they wide enough
for more traffic than they see now. She is sure the residents who
live on them won't appreciate added noise, pollution and the
aggravation of trying to get in and out of their own driveways with
all the new congestion these streets are sure to see.
(Correspondence referred to the
Director of Planning Services)
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Amey Mezzabotta, Community Project Assistant, Durham Area,
requesting Council to proclaim the month of December 2003 as
The Lung Association Awareness month. The Lung Association is
promoting lung health awareness during the months of November
and December. Residents in the municipality and across Ontario
will be receiving Christmas seals and are asked to use these
colourful seals as a reminder to their family and friends to show
their commitment to improving lung health in our community.
(Proclaimed)
Robert Olsen, Executive Director, White Ribbon Campaign,
requesting Council to proclaim November 25 to December 6, 2003,
White Ribbon Days. Mr. Olsen is also requesting the municipality
to purchase a campaign package ($25.00 for 50 ribbons, a signing
poster and handout literature) to make information available to the
general public.
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(Proclaimed)
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October 20, 2003
Cecile D. Bowers, Secretary Branch 178, The Royal Canadian
Legion, requesting Council's permission to start their Poppy
canvass on Friday, October 31, 2003, to Tuesday, November 11,
2003. They would be canvassing the area of Bowmanville and
surrounding villages/hamlets. They would also like permission to
raise the Poppy flag on Friday, October 31,2003.
(Approved the Poppy canvass from
October 31 - November 11, 2003, and
permission granted to raise the Poppy
flag on Friday, October 31, 2003, at the
Municipal Administrative Centre)
Deborah Laforet, Ecumenical Outreach, The AIDS Committee of
Durham, requesting Council to proclaim November 24 - December
1,2003, as Canadian HIV/AIDS Awareness Week and December
1, 2003, World AIDS Day.
(Proclaimed)
Sid Ryan, President, CUPE Ontario and Shellie Bird, Co-President,
The Ontario Coalition for Better Child Care, requesting Council to
proclaim Wednesday, November 5, 2003, as Child Care Worker &
Early Childhood Educator Appreciation Day. Such a day allows the
community to recognize the work of various groups and to
acknowledge the contributions they make in the lives of community
members.
(Proclaimed)
Allan Gotlieb, Chairman, Ontario Heritage Foundation, inviting
Council to participate in the Ontario Heritage Foundation's Young
Heritage Leaders Program 2003. Councils may submit up to three
nominations - one in each of the heritage areas - built, cultural and
natural. Small project groups may also be considered for
nomination where there has been a shared accomplishment. The
nomination deadline is Monday, December 15, 2003.
(Correspondence referred to the
Municipal Clerk to place an ad in the
local newspaper)
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October 20, 2003
David Clark, Secretary-Treasurer, Veridian Corporation, advising
Council that the shareholders of Veridian Corporation have each
requested that the Shareholders Agreement for Veridian
Corporation be amended to:
. permit each shareholder to nominate Council Appointees to
the board of directors of Veridian Corporation so long as at
least one of each shareholder's appointee is not a Council
Appointee of that shareholder; and
. grant Belleville an additional nominee to the board of
directors of Veridian Corporation.
David Clark, Executive Vice President Corporate Affairs and
Secretary Treasurer, Veridian Corporation, advising Council that
the Veridian Corporation's Board is seriously opposed to the
provisions of the Amending Agreement.
(Correspondence D - 11 endorsed and
appropriate by-law to be passed.
Correspondence D - 19 received for
information)
Martha Rutherford Conrad, Administrator, Clarington Museum and
Archives, advising Council that the Clarington Museums
Transitional Board on September 10, 2003, adopted the following
recommendations contained in Administrator's Report No. 2003-A-
0802:
"1. THAT By-law 2002-045 be amended to document the
organizational name of Clarington Museums and
Archives in recognition of the integral archival
component of the organization;
2. THAT By-law 2002-045 be amended to change the
name of the Clarington Museum Board to the
Clarington Museums and Archives Board;
3.
THAT By-law 2002-045 be amended to include the
provision for the Clarington Museums and Archives
Board to maintain a pool of six Part Time Tour Guides
in order to meet holiday and weekend schedules
without exceeding budgeted expenditures for staffing;
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October 20, 2003
Lisa Fitton, Recording Secretary, Test Hill Task Force, Township of
Scugog, advising Council that at the Test Hill Task Force meeting
on September 19, 2003, the Committee requested Council's co-
operation in the placement of a barricade at the Burketon entrance
to the Test Hill area at the west terminus of Boundary Road. Ms.
Fitton is requesting a response by October 21 , 2003.
Resolution #C-540-03
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Council consider altering the unopened Boundary Road
allowance with the Township of Scugog located west of Old Scugog
Road, in cooperation with the Township by constructing a motor
vehicle barrier with lockable gates at a location on the allowance
satisfactory to the Director of Engineering Services, provided that
the provisions of subsection 34(2) of the Municipal Act, 2001
respecting the giving of public notice of intention to pass the
necessary by-law concerning the alteration of the unopened road
allowance in question and the holding of a public meeting to
consider representations by the public regarding the intended
by-law are held, and provided that the Township of Scugog
undertakes similar actions.
"CARRIED"
Marion Sears, writing to Council regarding transit in Orono and
Wilmot Creek. Ms. Sears questions why Council doesn't use the
bus that has been running every Tuesday since she moved to
Kendal in 1956. At one time, it ran two days a week, also on
Thursdays. They dropped Thursdays because less people were
riding on that day. This bus runs from Newtonville to Crooked
Creek, to Starkville, to Kendal and to Kirby. Then it runs to Orono,
Newcastle trailer park and then to Bowmanville. It leaves
Newtonville approximately 9:30 a.m. and leaves Bowmanville at
1:15 p.m. and 4:00 p.m.
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October 20, 2003
Resolution #C-541-03
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Correspondence Item D - 7 be referred to the Director of
Engineering Services.
"CARRIED"
The Corporation of the Village of Point Edward, advising Council
that the Village of Point Edward passed the following resolution:
"WHEREAS many local charities and non-profit
organizations have found that their ability to raise funds
through bingo events and lotteries have been seriously
affected by the establishment of casinos and slots at
racetracks throughout Ontario;
AND WHEREAS the charities and non-profit organizations
provide valuable services to the residents of their
communities;
AND WHEREAS it is important to replace the lost revenue;
NOW THEREFORE be it resolved that the Ontario
government take immediate steps to increase the funding for
the Trillium Foundation from One Hundred Million
($100,000,000.00) Dollars to One Hundred and Fifty Million
($150,000,000.00) Dollars;
AND FURTHER THAT the funding formula be amended
from Seven ($7.00) Dollars per capita to Ten ($10.00)
Dollars per capita;
AND FURTHER THAT the application process be
streamlined to allow easier access and faster approval of
Trillium Foundation funding;
AND FURTHER THAT a letter requesting support for this
resolution be sent to the Association of Municipalities of
Ontario for distribution to its member municipalities;
AND FURTHER THAT a copy be sent to Caroline DiCocco,
M.P.P. for Sarnia-Lambton."
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Council Minutes
COMMUNICATIONS
D -15
P17.GE
D -16
- 19-
October 20, 2003
Resolution #C-542-03
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Correspondence Item D - 14 be received for information.
"CARRIED"
Inky Mark, M.P., Dauphin-Swan River-Marquette, requesting
Council's input on ways the Young Criminal Justice Act can be
amended to be more effective. The purpose of the Youth Criminal
Justice Act is to establish a more effective youth justice system that
promotes accountability. It was hoped that a renewed youth justice
system would ensure that youth face consequences reflecting the
seriousness of their crime and that improved rehabilitation would
enable youth to return as a positive influence in their community.
Now, more than a year later, it is time to evaluate the effectiveness
of this legislation.
Resolution #C-543-03
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT Correspondence D - 15 be referred to the Durham Regional
Police Department and John O'Toole, MPP, to request input from
the Ontario Provincial Police.
"CARRIED"
W. Donald Cousens, Mayor, Town of Markham, strongly
encouraging Council to participate in the upcoming public
proceeding on Wirebury Connections Inc. before the Ontario
Energy Board, in order to ensure that the long-term interests of
Clarington's constituents are properly represented. The importance
of a safe and reliable supply was brought home to us in the recent
Ontario blackout. It is Mr. Cousens' strong believe that an approval
by the Ontario Energy Board of new embedded distributors such as
Wirebury will threaten the safety, reliability, customer service, and
costs of electricity in Ontario.
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Council Minutes
COMMUNICATIONS
D -17
C10.MO
- 20-
October 20, 2003
Resolution #C-S44-03
Moved by Councillor Rowe, seconded by Councillor Pingle
THAT Correspondence Item D -16 be received for information.
"CARRIED"
Nicole Sullivan, Acting City Clerk, City of Kingston, advising Council
that the City of Kingston on September 16, 2003, passed the
following resolution:
"WHEREAS Kingston City Council, along with 41 other
Ontario cities, has passed a resolution calling on the
provincial government to stop deregulation and privatization
of the electricity market; and
WHEREAS there is a need for reliable, affordable,
environmentally sustainable electricity which can only be
realized through a publicly owned and regulated electricity
system; and
WHEREAS there is concern that the Electricity Distributors
Association may, in effect, be promoting the provincial
government's vision of privatized power;
THEREFORE BE IT RESOLVED THAT Kingston City
Council call on the Electricity Distributors Association to
support all municipal governments, including Kingston,
Toronto, Ottawa, Windsor, and London, in their efforts to
have generation and distribution of electricity in Ontario
returned to the public domain; and
BE IT FURTHER RESOLVED THAT this resolution be sent
for action to the Electricity Distributors Association; for
information to Premier Ernie Eves; Dalton McGuinty, MPP;
Howard Hampton, MPP; John Gerretsen, MPP; Leona
Dombrowsky, MPP; and for endorsement to the Association
of Municipalities of Ontario and all Ontario municipalities with
populations greater than SO,OOO."
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Council Minutes
COMMUNICATIONS
D -18
M02.GE
REPORTS
Report #1
G.P.A. Report
Oct. 6, 2003
- 21 -
October 20,2003
Resolution #C-545-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D - 17 be received for information.
"CARRIED"
David Crombie, President and CEO, Canadian Urban Institute
(CUI), introducing the CUI's first annual Urban Leadership Awards
Program that will honour urban leaders and support the CUI's
internship initiative. From October 10 to November 28, 2003,
Council is invited to nominate an individual, group or organization
that deserves special recognition for their contribution to the public
realm. Mr. Crombie is also requesting financial support as Sponsor
for the Program and the inaugural Urban Leadership Awards
Luncheon that will be held Wednesday, May 26, 2004.
Resolution #C-546-03
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D - 18 be referred to staff for possible
nominations to the Urban Leadership Awards Program; and
THAT Mr. Crombie's request for financial support be denied.
"CARRIED"
Resolution #C-547-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the General Purpose and Administration Committee Report
of October 6,2003, be approved.
"CARRIED"
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Council Minutes
REPORTS
Report #2
G.P.A. Report
Oct. 20, 2003
Report #3
PSD-137-03
Education
Development
Charge
- 22-
October 20,2003
Resolution #C-548-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the Special General Purpose and Administration Committee
Report of October 20, 2003, be approved.
"CARRIED"
Resolution #C-549-03
Moved by Councillor Rowe, seconded by Councillor Schell
THAT Report PSD-137-03 be received;
THAT the decision contained in Report PSD-137-03 be adopted as
the decision of Council to dismiss the complaint made by Martin,
Ann and Martin D. Gerkes with respect to application of Education
Development Charges By-laws of the District School Boards; and
THAT Mr. Gerkes, the Peterborough-Vicitoria-Northumberland and
Clarington Catholic District School Board and the Kawartha Pine
Ridge District School Board be advised of Council's decision.
"CARRIED"
Report #4 Resolution #C-550-03
CLD-41-03
Order to Restrain Moved by Councillor Robinson, seconded by Councillor MacArthur
Dagnall
THAT Report CLD-41-03 be received; and
THAT the Order to Restrain served on Grant Dagnall be upheld.
"CARRIED"
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Council Minutes
REPORTS
- 23 -
October 20, 2003
Report #5 Resolution #C-551-03
EGD-41-03
Proposed New Moved by Councillor MacArthur, seconded by Councillor Robinson
Bowmanville
Secondary School THAT Report EGD-41-03 be received;
Report #6
COD-043-03
Longworth
Avenue
Extension
THAT Council approve the Severance Agreement between the
Municipality of Clarington, 672003 Ontario Ltd. and the Kawartha
Pine Ridge District School Board which is referred to in Report
EGD-41-03;
THAT the by-law attached to Report EGD-41-03 (Attachment 2) be
passed to authorize the Mayor and the Municipal Clerk to execute
the Severance Agreement referred to in Report EGD-41-03 on
behalf of the Municipality; and
THAT all interested parties listed in Report EGD-41-03 and any
delegations be advised of Council's decision.
"CARRIED"
Resolution #C-552-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Dagmar Construction Inc., Markham, Ontario with a total
adjusted bid in the amount of $3,456,743.04 (including GST), being
the lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2003-27, be awarded the contract for
Longworth Avenue Extension, as required by the Engineering
Department;
THAT the total funds required in the amount of $4,100,000.00
(Total Bid $4,316,775.15 less $860,032.11 Halloway Holdings less
Region of Durham portion $327,864.50, plus design, administration,
utility relocations, contingency and net GST) be drawn from the
Engineering Capital Account #8310-03105-1401; and
THAT the By-law attached to Report COD-043-03 marked
Schedule "A", authorizing the Mayor and Clerk to execute the
agreement be approved.
"CARRIED"
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Council Minutes
REPORTS
- 24-
October 20,2003
Resolution #C-553-03
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the recommendations contained in Confidential Report
EGD-40-03 and Confidential Report EGD-42-03 be approved.
"CARRIED"
Addendum to Report PSD-133-03 was circulated as a handout.
Resolution #C-554-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT Addendum to Report PSD-133-03 be received; and
THAT Council pass a by-law to repeal Interim Control By-law
2003-01.
"CARRIED"
UNFINISHED BUSINESS
Resolution #C-555-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the delegation of Evylin Stroud be referred to staff for
consideration in conjunction with the King Street East Corridor
Study.
"CARRIED"
Resolution #C-556-03
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Phyllis Baker be thanked for her presentation.
"CARRIED"
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Council Minutes
- 25-
October 20, 2003
UNFINISHED BUSINESS
BY-LAWS
Resolution #C-557-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Council approve, in principle, the request from Kevin Anyan
on behalf of the Rotary Club regarding the placement of a garden at
the Visual Arts Centre; and
. THAT staff be requested to work with the Rotary Club to assist
them during this project.
"CARRIED"
Resolution #C-558-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT staff be empowered to work with the Farmers' Christmas
Parade of Lights to obtain a Road Occupancy Permit and to assist
them in their request for insurance.
"CARRIED"
Resolution #C-559-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT leave be granted to introduce By-laws 2003-152 to
2003-170, inclusive and By-laws 2003-172 and 2003-173, and that
the said by-laws be now read a first and second time:
2003-152 being a by-law to adopt Amendment Number 36 to
the Clarington Official Plan
2003-153 being a by-law to amend Zoning By-law 84-63, as
amended, as it applies to certain lands in
Bowmanville between Liberty Street and Mearns
Avenue
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Council Minutes
BY-LAWS
- 26-
October 20,2003
2003-154 being a by-law to authorize the execution on behalf of
the Municipality of Clarington of a Severance
Agreement under Section 53 of the Planning Act,
R.S.O., 1990, c.P.13, as amended, with 672003
Ontario Ltd. and the Kawartha Pine Ridge District
School Board respecting certain lands including the
proposed new Bowmanville Secondary School Site
2003-155 being a by-law to amend By-law 2002-045, a by-law
to establish a Board of Management to operate
museums on its behalf - Clarington Museum Board
2003-156 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle (Penwest Development
Corporation Ltd.)
2003-157 being a by-law to exempt a certain portion of
Registered Plan 40M-2094 from Part Lot Control
(Penwest Development Corporation Ltd.)
2003-158 being a by-law to authorize entering into an Amending
Agreement with the Owners of Plan of Subdivision
18T -97003 and any Mortgagee who has an interest in
the said lands, and the Corporation of the Municipality
of Clarington in respect of 18T -97003 (Penwest
Development Corporation Ltd.)
2003-159 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the former Town of Newcastle (Aspen Springs West
Ltd. (Kelvin Whalen))
2003-160 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of the
Municipality of Clarington (Foster Creek Developments
and Robert Stephenson)
2003-161
being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Dagmar Construction Inc., Markham, Ontario, to enter
into agreement for the Longworth Avenue Extension
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Council Minutes
BY-LAWS
- 27-
October 20, 2003
2003-162 being a by-law to adopt Amendment No. 35 to the
Clarington Official Plan (699504 Ontario Limited (The
Kaitlin Group))
2003-163 being a by-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of
the Municipality of Clarington (699504 Ontario Limited
(The Kaitlin Group))
2003-164 being a by-law to appoint an Auditor for the Corporation of
the Municipality of Clarington
2003-165 being a by-law to authorize entering into an Amending
Agreement with the Owners of Plan of Subdivision
18T-87086 and any Mortgagee who has an interest in the
said lands, and the Corporation of the Municipality of
Clarington in respect to 18T-87086 (Middle Road
Development Inc.)
2003-166 being a by-law to declare Part 2 on Reference Plan
40R-22273 to be surplus
2003-167 being a by-law to stop up and close as a public
highway Part 2 on Plan 40R-22273, John Street
2003-168 being a by-law to authorize the conveyance of Part 2
on Plan 40R-22273 to Jacqueline and Everett Lake
2003-169 being a by-law to approve and authorize the
execution of an amendment made as of the 30th day
of September, 2003, to the shareholders' agreement
made as of the 28th day of September, 2001 , amongst
The Corporation of the Town of Ajax, Town
Corporation of the City of Belleville, The Municipality
of Clarington, The Corporation of the City of
Pickering, Veridian Corporation, Veridian Connections
Inc. and Veridian Energy Inc.
2003-170 being a by-law to authorize the execution of a quit
claim transfer of certain lands in Orono to Shawn
Owen Campbell and Sandra Marie Campbell
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Council Minutes
BY-LAWS
OTHER BUSINESS
Boards and
Committees
Update
- 28 -
October 20, 2003
2003-172 being a by-law to authorize the execution of an
agreement of understanding between the Municipality
and Mearns East Development Inc. regarding the
lands within draft plan of subdivision of 18T-9S00S
2003-173 being a by-law to repeal Interim Control By-law
2003-01, as amended applicable to the Bowmanville
King Street East Corridor
"CARRIED"
Resolution #C-S60-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the third and final reading of By-laws 2003-152 to 2003-170,
inclusive and By-laws 2003-172 and 2003-173, be approved.
"CARRIED"
Councillor Robinson advised Council that he attended a supper last
week in Port Hope Township to honour individuals who volunteer to
sit on Committees. Councillor Robinson stated that volunteers are
very important and should receive acknowledgement from the
municipality.
Councillor Rowe reminded Council of the all candidates meeting
being held on Thursday, October 23, 2003, at 7:00 p.m. at Faith
United Church. She noted that the Municipality of Clarington has
received platinum sponsorship recognition for the Children's
Groundwater Festival. Councillor Rowe pointed out that Clarington
is the only municipality who participates in this sponsorship. Three
out of the five high schools that participate in the Children's
Groundwater Festival are Clarington High Schools.
Councillor Schell expressed congratulations to the Bowmanville BIA
for the successful Apple Festival held last weekend. Councillor
Schell noted that between SO,OOO and 60,000 people who attended
the Apple Festival.
Councillor Trim thanked the Operations Department for all their
assistance over the years during festivals and parades.
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Council Minutes
COMMUNICATIONS
D -13
C06.RA
- 16-
October 20,2003
4. THAT the Clarington Museum Transitional Board
continues to endorse its position of the June 18, 2003,
Board meeting as follows:
"THAT the Clarington Museums Transitional Board
can manage the costs of the Lower Level of the
Library Building on Temperance Street due to savings
from contract efficiencies, and increased revenue
generation;
THAT the Clarington Museums Transitional Board is
managing their 2003 Budget within budget
parameters;
THAT the Municipality maintains costs associated
with the Library Building on Temperance Street that
they covered on behalf of the Clarington Public
Library."
(Approved recommendations of
Administrator and appropriate by-law to
be passed)
John Stephenson, Honourary Secretary, South East Clarington
Ratepayers Association, advising Council of the formation of the
South East Clarington Ratepayer's Association (SECRA). The
inaugural meeting of this association, which approximately 40
members attended, was held on September 24, 2003, at 7:00 p.m.
in the Newtonville Hall. The members approved the following
motion:
'THAT the proposal to excavate the radioactive waste
located at Port Granby Low Level Radioactive Waste
Management Facility; to move it to the north side of
Lakeshore Road and to place it into an engineered mound is
totally unacceptable the members of the South East
Clarington Ratepayers Association. We strongly urge the
Municipality of Clarington to work with local residents to
develop a scientifically proven system for safe, long term, in-
situ disposal of the historic, low level radioactive and
chemical waste now located at the Port Granby licensed
waste management facility."
(Correspondence referred to the
Director of Planning Services)
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Council Minutes
OTHER BUSINESS
- 29-
October 20, 2003
Resolution #C-561-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT staff be directed to initiate an amendment to Zoning By-law
84-63 to introduce similar standards for drive-through restaurants
as contained in the zoning amendment for the Bowmanville King
Street East Corridor for the lands zoned C-1 at the north-west and
south-west corner of Martin Road (Regional Road 57) and Hartwell
Avenue.
"CARRIED"
Resolution #C-562-03
Moved by Councillor Robinson, seconded by Councillor Schell
WHEREAS the Municipality of Clarington Development Charges
By-law 2000-108 provides an exemption of "agricultural
development" from the collection of development charges;
WHEREAS agricultural development is defined to include not only
farm buildings but also "residential dwellings which are used
exclusively to provide living accommodation for employees of the
operator of the land devoted to the practice of farming and which
residential dwellings are occupied for fewer than six (6) consecutive
months during each calendar year";
WHEREAS it is beneficial for the Region, the Municipality and
Education Development Charge to be consistent as much as
possible in the application of development charges with the
exception of specific interests of each body;
WHEREAS in the face of increasing costs, development charges is
one additional cost that impacts the ability of farms to remain
competitive;
WHEREAS seasonal agricultural workers do not contribute an
additional burden of the education system that should warrant the
application of the Education Development Charge;
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Council Minutes
OTHER BUSINESS
- 30-
October 20, 2003
THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington hereby requests that the Kawartha Pine Ridge District
School Board and the Peterborough Victoria Northumberland and
Clarington Catholic District School Board to amend their respective
education development charges by-law to provide for a similar
agricultural exemption as the Municipality of Clarington.
"CARRIED ON THE
FOLLOWING RECORDED VOTE"
Recorded Vote
Declaration of
Pecuniary
Council Member Yea Nav Interest Absent
Councillor MacArthur X
Councillor Ping Ie X
Councillor Robinson X
Councillor Rowe X
Councillor Schell X
Councillor Trim X
Mavor Mutton X
Resolution #C-563-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Mayor and Municipal Clerk be authorized to execute an
agreement of understanding with Mearns East Developments Inc.
respecting the lands in draft plan of subdivision 18T-9S00S to allow
before the execution of the subdivision agreement, rough grading of
the lands including the removal of trees provided that the
agreement shall require compliance with Engineering Drawings
satisfactory to, and a Tree Preservation Plan approved by the
Director of Engineering Services. The agreement shall also contain
such other provisions which are satisfactory of Director of
Engineering Services and the Treasurer in order to protect the
Municipality's interest including a provision for securing the
promises of the owner; and
THAT the necessary authorizing by-law be passed.
"CARRIED"
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Council Minutes
- 31 -
October 20,2003
CONFIRMING BY-LAW
ADJOURNMENT
Councillor Schell disclosed a pecuniary interest earlier in the
meeting and refrained from discussion and voting on the confirming
by-law.
Resolution #C-564-03
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT leave be granted to introduce By-law 2003-174 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this meeting held on the 20th day of October 2003,
and that the said by-law be now read a first and second time.
"CARRIED"
Resolution #C-565-03
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the third and final reading of By-law 2003-174 be approved.
"CARRIED"
Resolution #C-566-03
Moved by Councillor Rowe, seconded by Councillor Robinson
THAT the meeting adjourn at 8:35 p.m.
"CARRIED"