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Council Meeting Minutes
June 27, 2005
Minutes of a regular meeting of Council held on June 27,2005, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Acting Chief Administrative Officer, M. Marano
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana (attended until 9:55 p.m.)
Director of Planning Services, D. Crome
Parks Supervisor, Operations Department, B. Genosko
(attended until 9:07 p.m.)
Solicitor, D. Hefferon
Director of Operations, F. Horvath
(attended the meeting at 8:00 p.m. until 9:55 p.m.)
Director of FinancelTreasurer, N. Taylor (attended until 9:55 p.m.)
Director of Emergency Services, G. Weir (attended until 9:55 p.m.)
Administrative Assistant to the Clerk, H. Keyzers (attended until 9:55 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #C-318-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on June 13, 2005, be
approved.
"CARRIED"
Council Meeting Minutes
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June 27, 2005
PRESENTATIONS
Mayor Mutton presented plaques for the "4th Annual Awards of Academic Excellence"
to graduating students that have demonstrated academic excellence and a
commitment to leadership and community service. It was Mayor Mutton's pleasure to
recognize the following students from the schools in the Municipality of Clarington:
Emily Leonard, Ontario Street Public School
Samantha Beech, M.J. Hobbs Public School
Radha Patel, Dr. Emily Stowe Public School
Emily Kramer, Dr. G.J. McGillvary
Logan Seymour, Waverley Public School
Jennifer Young, Courtice North Public School
Soo Kim, Harold Longworth Public School
Jocelyn Kaldeway, Knox Christian School
Katie Svetec, Monseignor Leo Cleary
Taylor Farrell, St. Francis of Assisi School
Hayley Koene, St. Joseph's Elementary School
The following Awards of Excellence were presented to these Secondary School
Students:
Sarah Dykeman, Bowmanville High School
MallorieMallone.St. Stephen's Secondary School
Sean Higgins, Holy Trinity Catholic Secondary School
Sarah Taylor, Durham Christian High School
The following students could not be present due to family commitments and conflicting
schedules with their school graduation ceremonies and have already received their
award:
Dylan Palmer, Clarke High School
Hayley Knapp, Courtice Secondary School
Madison Stange, Lydia Trulls Public School
Courtney Burgess, Dr. Ross Tilley
Shawn Lowe, The Pines Senior Public School
Chris Dupuis, Bowmanville Senior Public School
Jeff McCrone, John M. James Public School
Lindsay Taylor, S.T. Worden Public School
Nicole Flood, Mother Teresa
Michaela Kim, St. Elizabeth's Elementary School
Linda Vandersanden, Good Shepherd Elementary School
Christopher Wakelin, St. Stephen's Elementary School
Council Meeting Minutes
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June 27, 2005
PRESENTATIONS
Mayor Mutton introduced and presented a certificate to Quinn Cryderman, Mayor for a
Day. Mr. Cryderman has attended various meetings on the following topics:
. Library Services in Newcastle;
. Recreation Facility in Newcastle; and
. Grand Opening of the Police Station/Fire Hall in Courtice.
Mayor Mutton presented Aaron Joseph Jones the Certificate of Commendation on
behalf of Her Excellency The Right Honourable Adrienne Clarkson, Governor General.
This certificate is issued to those who have made a significant contribution by
providing assistance to another person in a selfless manner. Mr. Jones is being
recognized for his actions following an incident near Highway 401. On July 13, 2004,
Mr. Jones rescued a woman who was trapped inside an overturned car following a
motor vehicle collision. When the engine caught fire, Mr. Jones quickly crawled
through the rear driver side door, undid the victim's seatbelt, reclined the driver's seat
and helped the woman out of the vehicle while others came to help.
Mayor Mutton presented AI Strike the 2005 Senior of the Year Award. Mr. Strike
achievements include the following:
. 50+ years member of Bowmanville Rotary Club and a very active participant in
all facets of Rotary, including Past President;
. Founding member of Durham College and a member of its Board of Directors
for many years;
. Member of Trillium Grant Foundation and instrumental in assisting several
grant applications within Clarington;
. Member and Vice-Chair of Skate '88 fundraising committee for Garnet B.
Rickard Centre which raised some $1.3 million;
. Member of SPLASH fundraising committee for the swimming pool in
Bowmanville;
. Active member of the Bowmanville BIA and an enthusiastic participant in the
revitalization of downtown Bowmanville;
. Instrumental in negotiating a cash payment for the new west-end development
to enhance the Bowmanville downtown;
. Builds a neighbourhood skating rink for the neighbourhood children every
winter;
. Actively involved in education at all levels and has for many years chaired the
Rotary high school scholarship selection committee for eight local $1000.00
recipients; and
. An avid supporter and committee member of Valleys 2000, enhancing the trails
and natural features of Bowmanville and Soper Creeks in Bowmanville
Council Meeting Minutes
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June 27, 2005
PRESENTATIONS
Mayor Mutton presented plaques to the following individuals for their contributions
toward the 5th Annual Family Safety Day:
Andre Foo, Manager, Kelseys Restaurant, Bowmanville
Inspector Bill Temple and Staff Sergeant Pat Sayer, Durham Regional Police Services
Vanessa Hughes, Manager, Darlington Nuclear Public Affairs and Beverly Forget,
Public Affairs, Ontario Power Generation
PUBLIC MEETING
(a) Subject:
Applicant:
Report:
Commercial Policy Review, General Amendment to Zoning
By-law 84-63 and the Rezoning of Certain Properties in the
Bowmanville West Town Centre
Municipality of Clarington
PSD-096-05
David Crome, Director of Planning Services, provided Council with a powerpoint
presentation highlighting the following:
. Bowmanville West Main Central Area;
. Zoning By-law Revisions Implement Proposed Amendment 44;
. General Provisions;
. Large Format Commercial Zone (C8);
. Articulation of Facades;
. Modulation of Roof Line;
. Glazing;
. Setbacks;
. Other Regulations;
. Street Related Commercial Zone (C9);
. West Diamond/Players Lands;
. Halloway Holdings Land;
. Clarington Centre Lands;
. Canadian Tire Lands; and
. Locke Lands.
Stan Stein, Osler, Hoskin & Harcourt, noted opposition to the application.
Robert Howe, West Diamond Properties Inc., advised that he generally supports the
recommendations contained in Report PSD-096-05. He is requesting the opportunity
to meet with staff to discuss any issues.
Council Meeting Minutes
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June 27, 2005
DELEGATIONS
Resolution #C-319-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Brent Clarkson and Robert Howe be added to the list of delegations.
"CARRIED"
Keith Kelly, appeared before Council requesting the installation of audio street lights at
Liberty and King Streets, Bowmanville. Mr. Kelly advised Council that he has lived in
Bowmanville for approximately 49 years and that he lost his sight in 1999. He noted
that there are 84 registered people with the Canadian National Institute for the Blind in
Bowmanville and that it is very difficult to get across this section of highway. He also
advised that the sidewalks located in Bowmanville are in need of repair and that
Council should govern the height of trees and bushes in close proximity to the
sidewalk.
David Kelly appeared before Council representing the Clarington Accessibility
Advisory Committee regarding the Addendum to Report EGD-021-05. Mr. Kelly
advised that the Committee supports moving the accessible parking spots from
Temperance Street to Church Street but disagrees with the recommendations
contained in Addendum to Report EGD-021-05. He advised that Clarington is an
aging population and removing accessible parking is a step backwards.
Brent Clarkson appeared before Council representing Home Depot with respect to
Reports PSD-077 -05 and PSD-078-05. Mr. Clarkson advised Council that when he
made his presentation two weeks ago he made a commitment to build a different
visual style of building. This was very well received by Council and the press. He
noted that he has met with staff of the Planning Services Department and most of the
concerns raised have been resolved but he does have concerns with respect to the
rezoning and the implementation of the Urban Design Policy ie., percentage of walls
to be glazed, articulation of the roof top, etc. Mr. Clarkson feels that if Council insists
on these issues Home Depot will not be able to erect the building they were planning
to.
Robert Hann, Valiant Property Management, appeared before Council pertaining to
the proposed Home Depot. Mr. Hann has agreed to use complementary colours,
provide a walkway, a parkette, benches, bicycle racks, trash receptacles and
naturalization of the islands in the parking lot. Mr. Hann noted, however, that what the
municipality is now requesting will end up costing the consumer in the long run.
Council Meeting Minutes
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June 27, 2005
DELEGATIONS
Lynda Townsend Renaud, Lynda Townsend Renaud Law Office, circulated
documentation outlining key points pertaining to Report PSD-078-05. She is
requesting Council to direct staff to bring forward an amended OPA 44 to a special
meeting of Council to be held no later than July 15, 2005.
Lillian Bouma, appeared before Council regarding Addendum to Report PSD-078-05.
Ms. Bouma advised that she has been living to the north of the proposed area for
three years. She noted that she has made several improvements to her home and
she is concerned with the value of their property decreasing and having issues with
their water supply should the development be approved. Ms. Bouma is also
concerned that the area will become busier and noisy and that she will not be happy
living in the backyard of a big box store.
Tenzin Gyaltsan, Newcastle IGA, submitted a letter stating that as a local merchant in
Newcastle, he is urging Council to accept the conclusions of Report PSD-097 -05 and
deny the applications submitted by A YT Corporation.
Ron Hooper, Bowmanville BIA, appeared before Council with respect to Report
PSD-097 -05. He advised that his business has been in the downtown core for 60
years and that his position is not going to change. He stated that when the population
is in place, then and only then, should retail space be developed so everyone can
benefit.
Eileen Costello, Aird & Berlis LLP, was present but did not speak.
Mark Frayne, Counsel and Vice-President, Holburn Biomedical Corporation, appeared
before Council with respect to Report PSD-097 -05 and advised that his company
owns the property to the north of the A YT proposed applications. He noted that the
Holburn lands are near completion of the first phase of development. Mr. Frayne
submitted a letter dated June 22,2005, which notes that the AYT application does not
conform, does not meet objectives and is not consistent with policies.
Terry Price, appeared before Council regarding Report PSD-097 -05. He advised that
he owns the farm to the west of the proposed development and that he is concern that
the spring located in the woods to the east would be destroyed and that a large
amount of trees would be cut.
Ernest Burnie on behalf of Wilmot Creek, advised prior to the meeting that he would
not be in attendance.
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June 27, 2005
DELEGATIONS
Stan Stein, Osler, Hoskin & Harcourt LLP, circulated correspondence on behalf of his
clients Zellers Inc. with respect to Reports PSD-077 -05 and PSD-078-05. Mr. Stein
advised that the development of a Wal-Mart will have severe impacts on both Zellers
and the existing downtown. He is suggesting a far more conservative approach to
department store expansion based on more reasonable assumptions relating to Wal-
Mart sales levels, recapturing of sales and inflow to ensure continued viability of
Zellers and the existing downtown area.
Ira Kagan, Kagan Shastri, appeared before Council on behalf of AYT Corporation
regarding Reports PSD-097 -05, PSD-078-05 and PSD-077 -05. He noted that it is
important to his client's application that the Commercial Policy Review and the A YT
Corporation proposal be dealt with at the same time. Mr. Kagan advised that his
clients have never appealed their application to the Ontario Municipal Board and that
they hope that Council will make the right decision in approving their proposal. This
area would become the eastern gateway to Bowmanville. He noted that they are
willing to meet with staff to achieve approval of this site ie., phasing policy tied to
population.
Steve Kay, appeared before Council regarding Report PSD-080-05. Mr. Kay advised
that he purchased the property adjoining the land under review in 2003. His concern
is that the elevation of his property is approximately 10 feet below the property to be
developed and he requested that, if the grade of land can only be partially lowered,
the house to be built be a single level home. He is also requesting Council to
recommend that the subdivision plan be amended to include 5% of the land be
dedicated for a parkette.
Durham HomeBuilders Association, was called but was not present.
Brian O'Connor, was called but was not present.
Robert Howe, Goodmans Law Office, appeared before Council representing West
Diamond Properties Inc.lPlayers Business Park Limited regarding Reports
PSD-077 -05 and PSD-078-05. Mr. Howe is requesting Council to direct staff to report
to the Special Council meeting scheduled for July 15, 2005, to allow time for
consideration of outstanding issues.
Resolution #C-320-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 9:17 p.m.
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June 27, 2005
COMMUNICATIONS
Resolution #C-321-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT the communications to be received for information be approved as per the
agenda.
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"CARRIED"
Kim Coates, Clerk, Township of Scugog, advising Council that the
Township of Scugog received Clarington's correspondence dated May
10, 2005, regarding Mosport International Raceway as the preferred
Canadian Site for the NASCAR series expansion for information
purposes only as they had previously endorsed the Regional resolution.
Garry Pringle, Environmental Specialist, Ontario Reality Corporation,
advising Council that the Ontario Realty Corporation will commence with
the installation of a soil and groundwater treatment system at the 150
Princess Street, Orono, property once a Certificate of Approval has been
issued by the Ministry of Environment.
Minutes of the Newcastle Community Hall Board meeting dated
May 17, 2005.
Minutes of the Tyrone Community Centre meeting dated May 7,2005.
Minutes of the Local Architectural Conservation Advisory Committee
meeting dated May 17, 2005.
Ministry of Municipal Affairs and Housing, advising Council that Dr. Lilian
Ma has been appointed as the Chair of the Ontario Rental Housing
Tribunal.
Ministry of Municipal Affairs and Housing, advising Council that
legislation has been passed to set out a fairer and more balanced
composition for Peel Regional Council. The act increases the number
and distribution of seats on Peel Council to better reflect the current
population distribution of Peel Region.
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Ministry of Municipal Affairs and Housing, advising Council that
legislation has been passed that recognizes the Memorandum of
Understanding (MOU) between the province and the Association of
Municipalities of Ontario (AMO). The Municipal Amendment Act, 2005,
formalizes its memorandum of understanding with AMO, which provides
for consultation on legislation, regulations and government decisions
that affect municipalities. The MOU was renewed last August, and
strengthened through the addition of a protocol for consultants with AMO
on Canada-Ontario negotiations on matters that have a direct municipal
impact.
Minutes of the Clarington Highway 407 Community Advisory Committee
meeting dated June 14, 2005.
Minutes of the Physician Recruitment Committee Meeting dated
May 26, 2005.
Michael Coleman, President, Federation of Canadian Municipalities,
advising Council that the New Deal for cities and communities continues
to roll out across the country with two agreements in Ontario. The first
distributes $1.87 billion in federal gas tax revenue in Ontario, which joins
British Columbia, Alberta and Yukon. The second commits up to $310
million over the next two years for public transit in Ontario.
Ian Macnab, Chief Administrative Officer, Kawartha Conservation,
providing Council with a copy of their 2004 Annual Report.
M. de Rond, Director of Legislative and Information Services/Town
Clerk, Town of Ajax, advising the Region of Durham that the Town of
Ajax on June 13, 2005, passed the following resolution:
"THAT the Town of Ajax endorse the resolution dated June 7,2005,
from Mr. Colm and that the Regional Municipality of Durham be so
advised."
Mr. Colm is requesting that during the next Municipal Elections the
following question be placed on the ballot in all eight municipalities within
the Regional Municipality of Durham:
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"WHEREAS the Head of Council in two (2) of the six (6) Regional
Municipalities in the Province of Ontario is already elected by general
vote, and a Private Member's bill dealing with Niagara Region, is in front
of the Legislature, do you agree that the Head of Council for the
Regional Municipality of Durham shall be elected by general vote in
accordance with the Municipal Election Act, 1996."
"Yes or No"
Marie Hubbard, Chair, Ontario Municipal Board, providing Council with a
copy of the 2003-2004 Ontario Municipal Board and Board of
Negotiation Annual Report.
Ministry of Municipal Affairs and Housing, advising Council that an
agreement has been signed that will see Ontario's municipalities receive
over $1.8 billion in new funding from federal gas taxes. This four-way
agreement between federal and provincial governments, the City of
Toronto and the Association of Ontario Municipalities will see Ontario's
municipalities receive more than $223 million in 2005-2006, the first year
of the five-year agreement. This funding complements the $680 million
in provincial gas tax revenues that will be allocated to Ontario
municipalities over the next three years.
Ministry of Municipal Affairs and Housing, advising Council that the new
Greenbelt Foundation will help preserve the natural heritage, protect
prime agricultural land and support the many recreational opportunities
in the Greater Golden Horseshoe. The McGunity government's
Greenbelt Act, 2005 and Greenbelt Plan permanently protect 1.8 million
acres around the Golden Horseshoe. The Greenbelt:
. Protects thousands of acres of prime agricultural lands and tender
fruit lands so farmers can continue to grow the foods we eat
closer to home
. Preserves our watersheds, rivers and forests to protect the water
we drink and the air we breathe
. Promotes recreation, sports and tourism by encouraging the
development of a trail system, open spaces and parklands
. Curbs sprawl by setting strict limits on where urban growth can
expand.
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P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on June 15, 2005, passed the following resolution
regarding Building Permit Activity - January to March, 2005:
"a) THAT Report #2005-P-51 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2005-P-51 of the Commissioner of
Planning be forwarded to the area municipalities."
P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on June 15, 2005, passed the following resolution:
"a) THAT Report #2005-P-50 of the Commissioner of Planning be
received for information;
b) THAT the Greenbelt Plan approach to agricultural designations
be implemented through the Regional Official Plan Review; and
c) THAT a copy of Report #2005-P-50 of the Commissioner of
Planning be forwarded to the area municipalities in Durham."
Marika Hare, General Manager, Central Region Operations, Enbridge,
providing Council with a copy of enLink, Enbridge Gas Distribution's
newsletter focused on the municipal level of government.
Trinity United Church provided a copy of correspondence to John
O'Toole, MPP, outlining their concerns with the amendment to the
Ontario Heritage Act and its impact on churches.
CORRESPONDENCE FOR DIRECTION
Resolution #C-322-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 7 to D - 14, inclusive.
"CARRIED"
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COMMUNICATIONS
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David Climenhage, President, Great Canadian Town Band Festival,
requesting permission to close Church Street along the length of the
Orono Library on Saturday, July 9th from 8:30 a.m. until 5:00 p.m. for the
Canadian Town Band Festival Event.
(Approved provided the organizers apply for
and obtain a Road Occupancy Permit from
the Engineering Services Department)
Petition contained approximately 577 signatures opposing the
development of a Wal-Mart in Bowmanville.
(Correspondence referred to the Director of
Planning Services)
Councillor Gord Robinson, Council Liaison, Orono BIA, requesting
permission to close Main Street and Park Street in Orono for the Orono
Chili Cook Off. The date of the event is Saturday, September 24, 2005,
from 8:00 a.m. to 4:00 p.m.
(Approved provided the organizers apply for
and obtain a Road Occupancy Permit from
the Engineering Services Department)
The Honourable Dr. Marie Bountrogianni, Minister of Citizenship and
Immigration, announcing the 2005 call for nominations for the Ontario
Medal for Good Citizenship. Established in 1973, the Ontario Medal for
Good Citizenship recognizes and encourages the virtues of good
citizenship by honouring Ontarians who have made outstanding
contributions through exceptional long-term effort. Among the past
recipients of this award are a woman who has worked for more than 20
years to help end violence against women and children; a leader in the
development of Ontario Agencies Supporting Individuals with Special
Needs; and an artist who has donated more than $200,000 in proceeds
from the sale of her work to a local chapter of the Multiple Sclerosis
Society. The deadline for receiving nominations is August 5, 2005.
(Correspondence referred to the Municipal
Clerk to place an advertisement in the local
newspapers)
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The Honourable John Gerresten, Minister Responsible for Seniors,
inviting participation in the 2005 Senior Achievement Awards to honour
one outstanding local senior. Recipients are individuals who, after age
65, have enriched the social, cultural or civic life of the community,
without thought of personal or financial gain. The deadline for
nominations is August 5, 2005.
(Correspondence referred to the Municipal
Clerk to place an advertisement in the local
newspapers)
Local Architectural Conservation Advisory Committee, advising Council
that on June 21, 2005, they passed the following resolution:
"WHEREAS the corridors for the future Highway 407 and the
interconnecting freeways with Highway 407 include heritage structures
which would be demolished without alternatives for relocating such
structures;
WHEREAS heritage structures located in industrial areas are often
demolished due to lack of feasible relocation alternatives;
WHEREAS severance policies of the Durham Regional Official Plan
permit rural severances only for the purpose of farm retirement lots or for
dwellings rendered surplus as the result of farm consolidation;
WHEREAS preserving Ontario's heritage structures threatened due to
major transportation corridors or industrial development would be a
desirable public objective; and
WHEREAS appropriate conditions could be determined to ensure that
the relocation of heritage structures would not detrimentally impact
agricultural activity or fragment agricultural lands;
THEREFORE BE IT RESOLVED that the Region of Durham Planning
Department be requested to examine the feasibility of providing for the
severance of non-agricultural rural parcels to accommodate the
relocation of threatened heritage structures deemed to have cultural
heritage value or interest by the Local Architectural Conservation
Advisory Committee (LACACs); and
THAT a copy of the resolution be forwarded to other area municipalities
and LACACs within Durham Region."
(Correspondence referred to the Region of
Durham)
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Association of Municipalities of Ontario, advising Council that the
Ministry of Municipal Affairs and Housing (MAH) released a report on
Line Fences Act. Section 20 of the Line Fences Act makes
municipalities who have purchased federal or provincial railway lines in
their entire width responsible for "constructing, keeping up and repairing
the fences that mark the lateral boundaries." Although the Line Fences
Act permits municipalities to write by-laws setting out the fees,
procedures and details of fences provided under the Line Fences Act for
disputes between neighbours, the Municipal Act, s. 98, specifically
prohibits a by-law that sets out the same for railway lands. These rules
mean that the municipality must absorb all costs related to maintaining
existing fences that existed to protect property owners from active
railways, and recent court rulings have interpreted the legislation to
require new fences where none existed before. While there may be
some necessary protection from damage to agricultural properties from
trail uses on former railway lands, it is unclear why the municipality
should pay 100% of the costs for a fence that was not necessary while
an active railway line existed. The Ministry will receive comments on
this matter until July 29, 2005.
Resolution #C-323-05
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D - 7 be referred to the Municipal Clerk's Department for
report.
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D. Gilchrist, Supervisor, Legislated Services, City of Kitchener, advising
Council that the City of Kitchener, on May 30, 2005, passed the following
resolution:
"WHEREAS Section 28 of the Ontario Planning Act allows only 'local
municipalities' to provide grants and loans to property owners and
assignees for community improvement purposes; and
WHEREAS 'local municipality' has been defined by The Municipal Act to
mean the local area municipalities where situated within a Two-Tier
Governance system, such as those within the Regions of Waterloo,
Niagara, Halton, Peel York, Durham, and Muskoka; and
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WHEREAS this definition prevents the regional tier, that is the Regional
Municipality, from participating financially in community improvement
undertakings, despite the fact that the regional tier receives the majority
share of local property taxes; and
WHEREAS this situation puts local area municipalities at a distinct
disadvantage when competing for investment with one-tier
municipalities;
NOW THEREFORE BE IT RESOLVED, that the Council of Corporation
of the City of Kitchener requests the Minister of Municipal Affairs and
Housing to expeditiously revise the appropriate Provincial Legislation to
allow all regional tier municipalities to participate in community
improvement activities;
AND BE IT FURTHER RESOLVED, that a copy of this resolution be
forwarded to the Minister of Municipal Affairs and Housing, all local area
and regional municipalities in Waterloo, Niagara, Halton, Peel, York,
Durham, and Muskoka Regions, and their respective MPPs."
Resolution #C-324-05
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the resolution from the City of Kitchener regarding Community Improvement
Activities be endorsed by the Council of the Municipality of Clarington.
"CARRIED"
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Andre Belanger, Mayor, The Corporation of the Town of Cobalt, writing
to The Honourable Dalton McGuinty, advising that the Town of Cobalt on
May 10, 2005, passed the following resolution:
"WHEREAS the Corporation of the Town of Cobalt has recently received
a copy of the Drinking Water Inspection Report, Provincial Officer's
Order and the Provincial Officer's Report as prepared by the Ministry of
Environment Inspector, North Bay Area Office for the Cobalt Water
Treatment Facility;
AND WHEREAS the Council of the Town of Cobalt could not reach a
beneficial or financially feasible agreement with our former operator the
Ontario Clean Water Agency;
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AND WHEREAS the Council of the Town of Cobalt as a result of those
failed negotiations has decided that the Town of Cobalt would operate
the facility;
AND WHEREAS the Council of the Town of Cobalt believes that we are
exercising due diligence in the operation of the Cobalt Water Treatment
Facility by training our own employees under the Ministry of Environment
regulations and requirements to operate the Cobalt Water Treatment
Facility in accordance with Certificate of Approval No. 8765-5W4SDK;
AND WHEREAS the Council of the Town of Cobalt believes that the
regulatory requirements currently being enforced by the Ministry of
Environment are detrimental and place undue financial hardships on
small municipalities and, in the case of Cobalt, do not significantly
improve the quality of our drinking water;
AND WHEREAS many of the existing regulations are making it difficult
for the Town of Cobalt to meet the paper requirements of the Ministry of
Environment while not having any adverse impacts on the quality of the
water produced at the Cobalt Water Treatment Facility;
AND WHEREAS the Council of the Town of Cobalt believes that the
residents in many northern and small rural municipalities would be better
served if the Ministry of Environment would take a cooperative approach
and work with these municipalities utilizing the expertise of the MOE in
offering potential solutions and overseeing the operations of Water
Treatment Facilities in northern and small rural municipalities as
opposed to issuing orders without potential solutions and levying fines
that ultimately come from the taxpayer who is already overburdened;
AND WHEREAS municipalities as a result of these orders and fines are
forced to hire engineers and consultants to provide solutions that place a
further burden and hardship on the local taxpayer;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of
Cobalt hereby petitions the Province of Ontario and the Ministry of
Environment to change the focus of the Ministry's reporting and
regulatory requirements from one of enforcement and penalizing
municipalities to a regulatory system that would allow municipalities to
benefit from and utilize the expertise and cooperation of the Ministry of
Environment;
Council Meeting Minutes
-17-
June 27, 2005
COMMUNICATIONS
AND FURTHER THAT a copy of this resolution be forwarded to the
Honourable Dalton McGuinty Premier of Ontario, the Honourable Leona
Dombrowsky, Minister of Environment, the Honourable David Ramsay,
Minister of Natural Resources and MPP Timiskaming-Cochrane, the
Honourable Rick Bartolucci, Minister of Northern Development and
Mines and to the Association of Municipalities of Ontario for circulation to
all Municipalities for their support."
Resolution #C-325-05
Moved by Councillor Trim, seconded by Councillor Pingle
THAT the resolution from the Town of Cobalt regarding the Cobalt Water Treatment
Facility be endorsed by the Council of the Municipality of Clarington.
D - 10
F11.GE
"CARRIED"
Jeff Carter, requesting financial assistance to attend the Canada World
Youth International Educational Program (CWY). Mr. Carter, who grew
up in Newcastle, has been chosen to participate in the
Alberta/Guatemala program, which will start in the summer of 2005 for a
six to seven month period. CWY is a non-profit, non-governmental
organization. Since its creation more than 30 years ago, 22,000 young
people between the ages of 17 and 29 have had the opportunity to live
and work as volunteers in communities in Canada and overseas. Mr.
Carter is also requesting articles such as pins and flags representing
Clarington that he could distribute during the program.
Resolution #C-326-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Mr. Carter be advised of the Municipal Grant Policy; and
THAT his request for pins and flags be referred to the Corporate Services
Department.
D - 11
C10.MO
"CARRIED"
Carolyn Downs, City Clerk, City of Kingston, advising Council that the
City of Kingston on May 3,2005, passed the following resolution:
"WHEREAS Dental Care Services are an important component of
physical health, personal well being and affect social acceptance and
employability; and
Council Meeting Minutes
-18-
June 27, 2005
COMMUNICATIONS
WHEREAS many residents of Ontario do not have adequate Dental
Care Services as part of their employment benefits, and;
WHEREAS persons working in low wage positions are in receipt of
social assistance payments but may have thousands of dollars in dental
costs or many decline dental treatment due to cost issues; and
WHEREAS persons on social assistance (Ontario Works and ODSP)
have partial access to Dental Care Services based on discretionary
decision making;
THEREFORE BE IT RESOLVED THAT the City of Kingston supports
the actions of the Council of Lennox & Addington and that the Province
of Ontario be requested to develop a fair and consistent dental care
program to be targeted at lower-wage working Ontarians, with eligibility
for this program to be based on graduated payments and eligibility
determined by commonly used criteria, such as the GST Rebate and/or
NCB Eligibility, and that this supplementary dental program be funded
through the Ontario Health Tax;
AND FURTHER THAT a copy of this resolution be forwarded to all
municipalities on our standard mailing list; the Federation of Canadian
Municipalities; the Honourable John Gerretsen MPP; the Honourable
Dalton McGunity, Premier of Ontario; the Honourable Peter Milliken, MP;
the Honourable Ujjal Dosanjh, Minister of Health; and the Right
Honourable Paul Martin, Prime Minister of Canada."
Resolution #C-327 -05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D - 11 be received for information.
"CARRIED"
D - 12
E05.GE
Michael Power, President, Northwestern Ontario Municipal Association,
requesting Council to partner with them in helping the Ontario
Government to invest in the future of all of our communities by
immediately implementing the Minister's Council on Forest Sector
Competitiveness Report in its entirely, and in the manner in which it was
outlined by the Minister's Council.
Council Meeting Minutes
-19-
June 27, 2005
COMMUNICATIONS
The Minister's Council on Forest Sector Competitiveness was
established to provide a set of recommendations that will act as a road
map for the government of Ontario and the Ministry of Natural
Resources in particular, for the development of strategies to address the
current challenges both immediately and over the long term. The
production of the report was a collaborative effort between individuals
representing the forest industry, labour, First Nations, the environmental
community, municipalities and also included independent experts. The
formation of the Minister's Council is explicit recognition on the part of
government that change is needed to ensure the viability of the industry.
The report identifies the root causes of the industry's decline in Ontario
and recommends a multi-pronged strategy to assist the province's
forestry sector in regaining its competitive footing.
Resolution #C-328-05
Moved by Councillor Schell, seconded by Councillor Foster
THAT Correspondence Item D - 12 be received for information.
"CARRIED"
D - 13
C10.MO
Mary Masse, Deputy Clerk, The Corporation of the Town of Lakeshore,
advising Council that the Town of Lakeshore on June 14, 2005, passed
the following resolution:
"WHEREAS the Province of Ontario has imposed certain regulations
that impose greater restrictions on the rights of some private property
owners than on others;
WHEREAS the regulations affect the net worth and market value of
property, without compensation to the owner;
WHEREAS there needs to be consistency in the regulation for both the
Provincial Policy Statement and the Planning Act;
WHEREAS municipalities and private property owners have had
insufficient input into the planning process and regulations imposed;
WHEREAS the newly imposed regulations will require increased
consultation between the municipality and the Ministry of Municipal
Affairs;
WHEREAS the Ministry of Municipal Affairs has not committed additional
resources for increased municipal consultation;
Council Meeting Minutes
-20-
June 27, 2005
COMMUNICATIONS
AND WHEREAS the Provincial Policy Statement is in conflict with local
Planning documents;
NOW THEREFORE BE IT RESOLVED THAT the Town of Lakeshore
objects to unilateral decisions being made by the Province of Ontario
and the effects they have on private property owners and efficient local
planning;
AND FURTHER THAT the Province consult with local municipalities
prior to implementing land use regulations;
AND FURTHER BE IT RESOLVED THAT this resolution be circulated to
the Minister of Municipal Affairs, Member of Provincial Parliament, Bruce
Crozier, MPP, AM.O., F.C.M. and all municipalities in the Province of
Ontario requesting their support."
Resolution #C-329-05
Moved by Councillor Trim, seconded by Councillor Foster
THAT Correspondence Item D - 13 be received for information.
"CARRIED"
D - 14
P03.GE
Gabrielle Bell, Events Coordinator, Newcastle Community Hall Board,
requesting Council's approval to designate the Newcastle Village
Community Hall as an emergency evacuation site for Newcastle Public
School and YMCA Daycare.
Resolution #C-330-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the request of the Newcastle Community Hall board to designate the hall as an
emergency evacuation site for Newcastle Public School and YMCA Daycare be
approved, subject to review by the Director of Emergency Services Department.
"CARRIED"
Council Meeting Minutes
-21-
June 27, 2005
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report -
June 20, 2005
Resolution #C-331-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of June 20,2005,
be approved with the exception of Item #27.
"CARRIED"
Report CSD-01 0-05 - Newcastle Recreation Facility Needs Assessment
Resolution #C-332-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-01 0-05 be received;
THAT the Newcastle Recreation Facility Needs Assessment be received for
information;
THAT the Newcastle Recreation Facility Phase I components be approved, as:
. leisure/Therapy Pool
. Gymnasium
. Program/Meeting Rooms; and
THAT staff be authorized to proceed with the RFP for professional services for
Phase I of the Newcastle Recreation Facility as identified.
"CARRIED ON THE FOllOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster '-/
Councillor MacArthur '-/
Councillor Pingle '-/
Councillor Robinson '-/
Councillor Schell '-/
Councillor Trim '-/
Mayor Mutton '-/
Council Meeting Minutes
-22-
June 27, 2005
REPORTS
Report #2 - Report COD-039-05 - Fair Wage Policy
Resolution #C-333-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report COD-039-05 be received;
THAT the Fair Wage Policy for the Municipality of Clarington, marked Schedule A
attached to Report COD-039-05 be approved;
THAT the Fair Wage policy apply only to ICI (Industrial, Commercial, Institutional)
projects in cases where the estimated total budget exceeds one million dollars
($1,000,000.00);
THAT staff be authorized to negotiate and enter into a standard form of agreement
outlining services and costs with the City of Toronto or alternate auditing firm; and
THAT staff report back to Council in June, 2006.
"CARRIED"
Report #3 - Report FND-009-05 - Clarington Older Adult Centre
Resolution #C-334-05
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report FND-009-05 be received;
THAT Clarington Older Adult Centre Board be accepted as a Committee of Council;
THAT Jim Schell and Don MacArthur, as members of Council be appointed as
Council's liaison to the Clarington Older Adult Centre Board;
THAT the Clarington Beech Centre Board be disbanded; and
THAT the Clarington Older Adult Centre Board and the municipality's insurers be
advised of Council's decision.
"CARRIED"
Council Meeting Minutes
-23-
June 27, 2005
REPORTS
Report #4 - Report COD-038-05 - Co-operative Tender CL2005-9 Traffic Signs
Resolution #C-335-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report COD-038-05 be received;
THAT staff be authorized to award Part A under the approved summer recess process
pending completion of the vendor evaluation;
THAT Mechanical Advertising, Oshawa, Ontario, being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2005-9, be awarded
Part B for the requirements of the Municipality of Clarington for the traffic signs;
THAT Scugog Signs, Pontypool, Ontario, being the lowest responsible bidder meeting
all terms, conditions and specifications of Tender CL2005-9 be awarded Part E for the
requirements of the Municipality of Clarington for traffic signs;
THAT the contracts be extended for a second year, pending satisfactory service and
pricing; and
THAT the required funds be drawn from the respective year's budget allocation for
Traffic and Street Signs.
"CARRIED"
Report #5 - Report COD-040-05 - CriSys Fire Dispatch System Upgrade
Resolution #C-336-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report COD-040-05 be received;
THAT a Purchase Order be issued to CriSys Limited in the amount of $42,013.00 for
the software and hardware upgrade of the existing Fire Dispatch System;
THAT the funds be provided from the Corporate Services Information Technology
Computer account #110-16-162-81610-7401 as provided in the 2005 Corporate
Services Capital Budget;
THAT Purchasing By-law #94-129, Paragraph 5, Item 5.04 be waived for this
transaction; and
Council Meeting Minutes
-24-
June 27, 2005
REPORTS
THAT the By-law marked Schedule "A" attached to Report COD-040-05 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
"CARRIED"
Report #6 - Report EGD-023-05 - Bowmanville Professional Building, Authorizing
By-law for the Execution of a Servicing Agreement between
Bowmanville Professional Building Inc. and the Corporation of the
Municipality of Clarington
Resolution #C-337 -05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report EGD-023-05 be received;
THAT the By-law attached to Report EGD-023-05, authorizing the execution of a
Servicing Agreement between Bowmanville Professional Building Inc. and The
Corporation of the Municipality of Clarington be approved; and
THAT the Mayor and Clerk be authorized to execute this agreement at such time as it
has been prepared to the satisfaction of the Director of Engineering Services and the
Municipality's Solicitor.
"CARRIED"
Report # 7 - Report OPD-011-03 - St. George's Cemetery, Newcastle
Resolution #C-338-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report OPD-011-05 be received;
THAT subject to the approval of the Ministry of Consumer and Business Services, the
Municipality acquire title in fee simple and to assume all responsibilities related thereto
for the St. George's Cemetery located at 2 Browview Road, Clarke;
THAT the acquisition of the Cemetery and easements by the Municipality be subject
to the Municipality being able to comply with all requirements of the Cemeteries Act;
THAT a reference plan of survey satisfactory to the Municipality describing the areas
of the Cemetery and any easements be prepared at no cost to the Municipality;
Council Meeting Minutes
-25-
June 27, 2005
REPORTS
THAT the Mayor and Clerk be authorized to execute on behalf of the Municipality all
documents necessary to give effect to the above recommendations; and
THAT the Municipality provide maintenance assistance to the Cemetery until the
transfer is approved and complete.
"CARRIED"
Report #8 - Report OPD-013-05 - Addendum to Cemetery By-law #2005-067
Resolution #C-339-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report OPD-013-05 be received;
THAT the addendum to the original rates and fees as outlined on Schedule "A" of the
by-law attached to Report OPD-013-05 (Attachment No.1) be approved; and
THAT the by-law amendment be forwarded to the Ministry of Consumer and Business
Services for approval.
"CARRIED"
Report #9 - Report PSD-094-05 - Amendment to By-law 2003-285, Application
Fees - Planning and Development Applications
Resolution #C-340-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report PSD-094-05 be received; and
THAT the amendment to By-law 2003-158 attached to Report PSD-094-05, being a
by-law to require the payment of fees for information and services provided by the
Municipality of Clarington Planning Services Department, be approved as amended.
"CARRIED"
Council Meeting Minutes
-26-
June 27, 2005
REPORTS
Report #10 - Report PSD-096-05 - Commercial Policy Review, General Amendment
to Zoning By-law 84-63 and the Rezoning of Certain Properties in the
Bowmanville West Town Centre
Report #11 - Report PSD-097 -05 - Amendment for Light Industrial Polices to Permit
the Development of a Retail Commercial and Restaurant Floorspace,
Large Warehouse and Hotel and Convention Facility, AYT Corporation
Unfinished - Report PSD-077-05 - Commercial Policy Review, Amendment 43 to the
Business Clarington Official Plan
Unfinished -
Business
Report PSD-078-05 - Bowmanville West Main Central Area Secondary
Plan Review Amendment 44 to the Clarington Official Plan and Related
Applications by Halloway Holdings Limited and West Diamond
Properties Inc.lPlayers Business Park Limited
Unfinished -
Business
Addendum to Report PSD-078-05 - Bowmanville West Main Central
Area Secondary Plan Review Amendment 44 to the Clarington Official
Plan and Related Applications by Halloway Holdings Limited and West
Diamond Properties Inc.lPlayers Business Park Limited
Resolution #C-341-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Reports PSD-077 -05, PSD-078-05, Addendum to PSD-078-05, PSD-096-05
and PSD-097 -05 be referred back to staff to enable negotiations with the development
proponents with a report to be brought back to a Special Council Meeting on July 15,
2005;
THAT we commitment to the support and maintenance of healthy, vibrant historic
downtowns in Clarington;
THAT the principle of linking new commercial floorspace to population growth be
endorsed;
THAT the principle that market, land use, urban design and transportation issues are
linked with respect to the consideration of development applications in the
Bowmanville West Town Centre be endorsed;
THAT, provided market, land use, urban design and transportation issues can be
satisfactorily resolved, we endorse in principle that major new retail growth should
occur in the West Bowmanville Town Centre;
Council Meeting Minutes
-27-
June 27, 2005
REPORTS
THAT, with respect to roads, staff be instructed to negotiate appropriate arrangements
with the development proponents for:
a) the urbanization, signalization, provision of sidewalks, streetlighting and
streetscaping for Durham Highway 2 and Green Road
b) the acquisition and improvement of the following new public streets:
. Boswell Drive
. Brookhill Boulevard to Regional Road 57
. Uptown Avenue
c) the provision for private roads with appropriate option agreements for their
eventual transfer to the Municipality over the longer term; and
d) any other road improvements necessary;
THAT, with respect to the West Diamond Developments/Players Business Park site,
staff be instructed to review and report on the following:
a) suitable arrangements be made with respect to the public use facility;
b) the request for the Phase I and Phase 2 Wal-Mart and Loblaw's Real Canadian
Superstore and ancillary commercial space;
c) enhanced building elevations for the Wal-Mart and Loblaw's Real Canadian
Superstore building that meet the intent of the urban design guidelines;
d) potential commitments to meet LEED standards of the Green Building Council
of Canada specifically in the design of the large format stores;
THAT, with respect to the Halloway Holdings site, staff be instructed to review and
report on the following:
a) provision for a Home Depot store in the General Commercial Area identified in
the Proposed Secondary Plan consistent with the staff Demonstration Plan for
the Halloway site;
b) securing Home Depot's commitment to provide for a Clarington-specific store
with enhanced elevations that meet the intent of the urban design guidelines,
assurances that there would be no outdoor storage and display and meeting
LEED standards established by the Green Building Council of Canada
c) provision of Uptown Avenue, private roads and a publicly accessible square
consistent with the staff Demonstration Plan; and
THAT staff report back on all other matters of negotiation with West Diamond,
Halloway and any other proponent in the Bowmanville West Town Centre with respect
to modifications to the proposed Official Plan Amendments 43 and 44 and the
proposed Zoning Amendment.
"CARRIED"
Council Meeting Minutes
-28-
June 27, 2005
REPORTS
Report #12 - Report EGD-024-05 - Building Regulatory Changes - Impact of Building
Code Statute Law Amendment Act and Ontario Regulation 305103
Resolution #C-342-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report EGD-24-05 be received;
THAT the Building By-law be revised to reflect the changes necessitated by the
Building Code Statute Law Amendment Act and the new provisions of the Building
Code;
THAT the Code of Conduct contained within the Building By-law be adopted as the
Code of Conduct applicable for the Municipality of Clarington Chief Building Official
and all Building Officials appointed to enforce the Building Code Act and the Building
Code;
THAT the Code of Conduct be posted on the Municipality's Website as constituting
public notice of such;
THAT the delegation of authority be given to the Chief Building Official to appoint
Registered Code Agency(ies) for the undertaking of plan reviews and Building Code
inspections in accordance with the Act;
THAT the building permit fee structure as detailed in the new Building By-law be
approved;
THAT the delegation of authority be given to the Chief Building Official to enter into
written agreements with respect to conditional permits under Section 8 (3)(c) of the
Ontario Building Code Act; and
THAT the delegation of authority be given to the Chief Building Official to prescribe
additional forms required to confirm additional information from the applicant, which
are not in conflict with the forms approved by the Minister of Municipal Affairs and
Housing (MMAH).
"CARRIED"
Council Meeting Minutes
-29-
June 27, 2005
REPORTS
Report #13 - Confidential Report EGD-025-05 - Property Matter
Report #14 - Confidential Report PSD-098-05 - Property Matter
Resolution #C-343-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Confidential Reports EGD-025-05 and PSD-098-05 be referred to the end of
the agenda to be considered during a "closed" session of Council.
"CARRIED"
UNFINISHED BUSINESS
Addendum to Report PSD-079-05 - Bowmanville Community Improvement Plan
Resolution #C-344-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the Addendum to Report PSD-079-05 be received;
THAT the Bowmanville Community Improvement Plan, dated June 2005 be approved
and that the necessary by-law be passed;
THAT the Region of Durham Planning Department be forwarded a copy of Report
PSD-079-05 and Council's decision;
THAT application be submitted to the Ministry of Municipal Affairs and Housing for
approval of the Bowmanville Community Improvement Plan;
THAT the Directors of Planning Services and Finance be delegated authority to
accept any modifications by the Minister provided they are minor in nature, and do not
effect the intent of the Community Improvement Plan; and
THAT all interested parties listed in Report PSD-079-05 and any delegations be
advised of Council's decision.
"CARRIED'
Council Meeting Minutes
-30-
June 27, 2005
UNFINISHED BUSINESS
Addendum to Report EGD-021-05 - Accessible Parking Proposed Amendments to
By-law 91-58
Resolution #C-345-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the Addendum to Report EGD-021-05 be received;
THAT Report EGD-021-05 be received;
THAT the request for an "on-street" accessible parking space at 100 King Street E.,
Bowmanville, fronting the MTO licensing office, be approved;
THAT the "off-street" accessible parking supply be increased in the municipal parking
lots as per standards proposed through the draft Zoning By-law as recommended by
the Clarington Planning Department and details listed in Report EGD-021-05;
THAT the two narrow "on-street" accessible parking spaces on Temperance St.,
South of Church St., be relocated to Church St. with the parking spaces fronting the
Municipal Administrative Centre being converted to metered parking;
THAT reception staff at the Municipal Administrative Centre provide the notice
attached to Report EGD-021-05 as Attachment No.4, to courier and delivery drivers
requiring them to use the Church St., loading zone and advising them of the new
accessible parking spaces during an introductory period;
THAT signs and pavement markings be applied to all new accessible parking
locations;
THAT all on-street accessible parking spaces be included in the Operations
Department sidewalk snow clearing contract for removal of windrows along the length
of the parking stall for full access to the sidewalk;
THAT the by-law attached to Report EGD-021-05 be approved; and
THAT the interested parties listed in Report EGD-021-05 be provided with a copy of
the report and notified of Council's decision.
"CARRIED"
Council Meeting Minutes
-31-
June 27, 2005
OTHER BUSINESS
Appointments to the Clarington Animal Advisory Committee, Clarington Traffic
Management Advisory Committee and the Clarington Accessibility Advisory
Committee
Resolution #C-346-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Rhonda Hooper and John Sturdy be appointed to the Clarington Animal
Advisory Committee;
THAT Lisa Robinson be appointed to the Clarington Traffic Management Advisory
Committee; and
THAT Norman Hannan be appointed to the Clarington Accessibility Advisory
Committee.
"CARRIED"
REGIONAL UPDATE
No reports.
BOARDS AND COMMITEES UPDATE
Councillor Foster advised Council of the Kids in the Marsh, Friends of Second Marsh,
Darlington Golf classic which will take place in September. He thanked Council on
behalf of the Clarington Accessibility Advisory Committee for a successful Rick
Hansen Wheels in Motion event.
Councillor MacArthur advised Council that the Local Architectural Conservation
Advisory Committee's inventory of heritage buildings is almost complete.
Councillor Pingle advised Council that St. Marys had over 550 people attend their
Open House. St. Marys has gone 1 year without exceeding the ground vibration
regulations. $2.5 million has been spent on pavement at the Bowmanville plant. The
Vice-President of St. Marys e-mailed all the plant managers of the success of the
Open House and other cement plants have contacted the Bowmanville pant for help in
setting up a Community Relations Committee. She noted that Tyrone Community
Centre had a very successful Spirit Day and that this has been an annual event since
1981. The Centre has paid their loan in full to the municipality. The Ontario Power
Generation have many activities planned for Tuesdays during the summer break.
Council Meeting Minutes
-32-
June 27, 2005
OTHER BUSINESS
Councillor Robinson advised Council on the success of the first Clarington Farmers'
Market. There were 10 vendors that opened at 10:00 a.m. and they were all sold out
by 1 :30 p.m. Approximately 500 people attended.
Councillor Schell stated that the Bowmanville BIA had a very successful Sidewalk
Sale this past weekend.
Resolution #C-347 -05
Moved by Councillor Councillor Robinson, seconded by Councillor Schell
THAT the Procedural By-law 95-55 be suspended to allow for the introduction of a
new motion at this time.
"CARRIED"
Resolution #C-348-05
Moved by Councillor Robinson, seconded by Councillor Schell
WHEREAS in the course of conducting municipal business, elected officials are
required to use their personal vehicles to attend to many municipal functions,
community and board meetings, visits to many residents, etc.;
WHEREAS due to the immense geographical size of the municipality, the elected
officials have accumulated very significant high mileage on their personal vehicles
which adds to more wear and tear and faster than normal vehicle depreciation;
WHEREAS the operating cost of a vehicle has increased significantly over the last few
years primarily driven by the high fuel cost as well as costs related to maintenance
and insurance;
WHEREAS on average the Mayor, the Deputy Mayor and the Councillors have logged
about 2,750, 1,750 and 1,200 kilometers per month respectively in using their
personal vehicles for municipal businesses;
WHEREAS the current rates of monthly travel allowance of $570, $278 and $228 for
the Mayor, Deputy Mayor and a Councillor respectively fall short of covering both the
capital and operating costs of using their personal vehicles for extensive municipal
business usage;
WHEREAS the principle of travel allowance used in both private and public sectors is
to ensure an individual is fairly reimbursed for all costs incurred in the use of his/her
personal vehicle for company's business;
Council Meeting Minutes
-33-
June 27, 2005
OTHER BUSINESS
WHEREAS the above principle is used in reimbursing the employees of the
Municipality of Clarington at the current rate of .47 cents per kilometre travelled, and
such principle should be extended to the elected officials to ensure consistency in its
application;
NOW THEREFORE, Council deems it necessary to adjust the current travel
allowance and approves the following:
1. THAT the 2005 monthly rate of travel allowance be set at:
Mayor
Deputy Mayor
Councillor
$1,293
$ 823
$ 564
2. THAT the above rates be adjusted automatically upon future negotiated per
kilometre travel rate between the Municipality and the CUPE employees; and
3. THAT the necessary by-law be passed.
"CARRIED"
Resolution #C-349-05
Moved by Councillor Pingle, seconded by Councillor Schell
THAT the meeting be "closed" to consider Confidential Reports EGD-025-05 and
PSD-098-05 both pertaining to property matters.
"CARRIED"
The meeting reconvened in "open" forum at 10:22 p.m.
Resolution #C-350-05
Moved by Councillor Schell, seconded by Councillor Foster
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Meeting Minutes
-34-
June 27, 2005
OTHER BUSINESS
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster '-/
Councillor MacArthur '-/
Councillor Pingle '-/
Councillor Robinson '-/
Councillor Schell '-/
Councillor Trim '-/
Mayor Mutton '-/
BY-LAWS
Resolution #C-351-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2005-108 and 2005-120 to 2005-145,
inclusive and 2005-148 to 2005-155, inclusive and that the said by-laws be now read
a first and second time:
2005-108 being a by-law to impose development charges against land in the
Municipality of Clarington pursuant to the Development Charges Act,
1997 (the "Act")
2005-120 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Ron Robinson Limited, Bowmanville,
Ontario, to enter into agreement for the Scugog Street Reconstruction,
Bowmanville
2005-121 being a by-law to establish a Reserve Fund For Development Charges-
Transit
2005-122 being a by-law to establish a Reserve Fund For Development Charges-
Parking
2005-123 being a by-law to adopt Bowmanville Community Improvement Plan
2005-124 being a by-law to exempt certain portions of Registered Plan 702 from
Part Lot Control (Frank Canonaco)
2005-125 being a by-law to exempt certain portions of Registered Plan
1 OM-831, from Part Lot Control (Syvan Developments Limited)
Council Meeting Minutes
-35-
June 27, 2005
BY-LAWS
2005-126 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Prestonvale
Road Land Corp.)
2005-127 being a by-law to amend Sign By-law 97-157, as amended of the
Municipality of Clarington (Fairhaven Investments Inc.)
2005-128 being a by-law to exempt a certain portion of Registered Plan
40M-2066 from Part Lot Control (Orchard Park Estates (Bowmanville)
Inc.)
2005-129 being a by-law to exempt a certain portion of Registered Plan
40M-2096 and a certain portion of Registered Plan 40M-2172 from Part
Lot Control (Vermont Village Homes)
2005-130 being a by-law to exempt certain portions of Registered Plan
1 OM-2178, from Part Lot Control (1189286 Ontario Inc. (Gary Breda))
2005-131 being a by-law to declare the lands more particularly described as Part 3
on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077, Part Lot 9,
Concession 2, former Town of Bowmanville, to be surplus
2005-132 being a by-law to declare the lands more particularly described as Part 4
on Plan 40R-22242, Part Lot 35, Concession 2, former Township of
Darlington, to be surplus
2005-133 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (1477677
Ontario Limited (Baywood Homes))
2005-134 being a by-law to adopt Amendment No. 45 to the Clarington Official
Plan (1477677 Ontario Limited (Baywood Homes))
2005-135 being a by-law to repeal By-law 90-130 and replace it with a by-law to
designate the Municipality of Clarington as a site plan control area, to
define classes of development that may be undertaken without the
approval of certain plans and drawings, and to delegate the approval
authority to the Director of Planning Services and the Director of
Engineering Services
2005-136 being a by-law to exempt certain portions of Registered Plan
10M-829 (Scott Push man)
2005-137 being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
Council Meeting Minutes
-36-
June 27, 2005
BY-LAWS
2005-138 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Harnden & King Construction Inc., Ajax,
Ontario, to enter into agreement for the Asphalt Resurfacing, Various
Streets
2005-139 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Trisan Construction, Schomberg, Ontario,
to enter into agreement for the Sidewalk Construction, Various Locations
2005-140 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Royalcrest Paving & Contracting Ltd.,
Markham, Ontario, to enter into agreement for the Soper Creek
Recreational Trail, Bowmanville and Lion's Trail, Newcastle Paving
2005-141 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Crisys Limited, Markham, Ontario, to enter
into agreement for the upgrade of software and hardware for the existing
Fire Dispatch System
2005-142 being a by-law to authorize the execution of a Servicing Agreement
between Bowmanville Professional Building Inc. and the Corporation of
the Municipality of Clarington, pursuant to SPA 2004-034
2005-143 being a by-law to amend By-law 2005-067, a by-law to provide for the
maintenance, management, regulation and control of the cemeteries in
the Municipality of Clarington
2005-144 being a by-law to require the payment of fees for information and
services provided by the Municipality of Clarington and for prescribing
the amount of such fees and to amend By-law 2003-185, as amended
2005-145 being a by-law to provide for the administration and enforcement of the
Building Code act within the Municipality of Clarington
2005-148 being a by-law to amend By-law 91-58, as amended, being a By-law to
Regulate Traffic on Highways, Municipal and Private Property in the
Municipality of Clarington
2005-149 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
Council Meeting Minutes
-37-
June 27, 2005
BY-LAWS
2005-150 being a by-law to authorize a Purchase Agreement between the
Corporation of the Municipality of Clarington and Ridge Pine Park Inc., in
respect to the purchase of part of Part 4 on Plan 40R-19004, Part Lot 4,
Broken Front Concession, former Township of Darlington, as shown as
Part 1 on the attached draft plan of survey
2005-151 being a by-law to authorize an Easement Agreement between the
Corporation of the Municipality of Clarington and Ridge Pine Park Inc., in
respect to granting a drainage easement over part of Part 4 on Plan
40R-19004, Part Lot 4, Broken Front Concession, former Township of
Darlington, as shown on the attached draft plan of survey, for the
purposes of storm water discharge
2005-152 being a by-law to declare Part X on Reference Plan 40R-XXXXX to be
surplus
2005-153 being a by-law to declare Part X on Reference Plan 40R-XXXXX to be
surplus
2005-154 being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
2005-155 being a by-law to amend By-law 2003-179, as amended, being a by-law
respecting the annual allowance paid to the Mayor and Members of
Council
"CARRIED"
Resolution #C-352-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2005-108 and 2005-120 to 2005-145,
i ncl usive and 2005-158 to 2005-155 i ncl usive, be approved.
"CARRIED"
Council Meeting Minutes
-38-
June 27, 2005
'-
CONFIRMING BY-LAW
Resolution #C-353-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2005-156 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
27th day of June, 2005, and that the said by-law be now read a first and second
time.
"CARRIED"
Resolution #C-354-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2005-156 be approved.
"CARRIED"
ADJOURNMENT
"- Resolution #C-355-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the meeting adjourn at 10:25 p.m.
"CARRIED"
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