HomeMy WebLinkAbout05/16/2005
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Council Meeting Minutes
May 16, 2005
Minutes of a regular meeting of Council held on May 16, 2005, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were:
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Also Present:
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance, N. Taylor
Fire Chief, Fire Services, G. Weir
Administrative Assistant to the Clerk, H. Keyzers
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #C-242-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on May 2, 2005, be approved.
"CARRIED"
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PRESENTATIONS
Mayor Mutton presented the Clarington Toros Novice AAA Hockey Team with
certificates congratulating them on winning the silver medal at the OMHA Tournament
of Champions. The team members are as follows:
Madison Badeau
Michael Bergman
Mitchell Burghardt
Zachary Cole
Tyler Gaulton
Michael Hibbard
Brandon Hoskin
Cody Kean
Mitchell Marner
McKenzie Miles
Ostop Mostowy
Brody Munro
Liam Osborne
Brett Otterbein
Connor Whitley
Alex Woodcock
Todd Stauffer, Head Coach
Mark Duffy, Assistant Coach
Trevor Kean, Assistant Coach
Lee Hibbard, Trainer
Don Bergman, Assistant Trainer
Rick Miles, Manager
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Dave Dobson, Clarington Big Brothers and Sisters, appeared before Council to
discuss the Jack Munday Mentoring Program. A child between the ages of 7 and 13
is sponsored by an adult who volunteers their time for 1 hour a week. The programs
youngest mentor is 22 and the oldest is 79 years old. The program helps the
children's self esteem and the adults return to work reenergized. Currently they have
33 mentors, 77 children and 19 schools enrolled in the program. Mr. Dobson notes
that they are hoping to increase the program to 75 mentors and he hopes the
municipality will promote the program.
Darlene Mathews and Terri Gray, Community Living Oshawa/Clarington, provided
Council with a powerpoint presentation highlighting the following:
. May is Community Living Month;
. What they do;
. Who they are;
. The Clarington Project;
. Community partners;
. Some employers;
. Volunteer supporters; and
. What is community living.
Resolution #C-243-05
Moved by Councillor Schell, seconded by Councillor Trim
. THAT Mark Frayne be added as a delegation.
"CARRIED"
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May 16, 2005
DELEGATIONS
Janis Steele, District Manager, Easter Seals, Durham Region, has rescheduled her
delegation pertaining to the Accessibility Challenge to the General Purpose and
Administration Committee meeting scheduled for May 24, 2005.
Robert Bouley, was called but was not present.
Jeanne Burnside, appeared before Council as a concerned taxpayer and noted that
she is currently retired from the corporate world and that she volunteers her time to
write articles that are published in the Orono Weekly Times. On May 2, 2005, she
addressed Council about the lack of ads and announcements from the municipality to
the Orono Weekly Times since February 2005. In response, a resolution was brought
forward that contained false and misleading information. Ms. Burnside requested that
Council offer a public apology and publish it in all the local papers.
Mark Frayne, Counsel and Vice-President, Holburn Biomedical Corporation, circulated
correspondence prior to the meeting pertaining to Report PSD-060-05. He addressed
three issues before Council:
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What does Clarington want for the future?
How does AYT big box store impact the Scientific Research Park initiative?
How does the A YT big box store impact Holburn?
Mr. Frayne stated this proposal is not compatible with their plans and he is requesting
that the municipality not allow the proposed amendments.
Resolution #C-244-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Council recess for 10 minutes.
"CARRIED"
The meeting reconvened at 8:03 p.m.
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May 16, 2005
COMMUNICATIONS
Resolution #C-245-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the communications to be received for information be approved as per the
agenda, with the exception of Items I - 4, I - 11, I - 12, I - 16 and I - 23.
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Bev Billings, Member of Durham Lives!, providing Council with a copy of
the Food Wellness - Your Community Newsletter.
Minutes of the Local Architectural Conservation Advisory Committee
meeting dated April 19, 2005.
Ministry of Consumer and Business Services, providing Council with a
news release reminding shoppers and merchants that under the Retail
Business Holidays Act, Victoria Day, Monday, May 23, 2005, is among
the eight days annually when most stores must be closed.
Helen Page, President, Newcastle Skating Club, thanking Council for
awarding the Club with a $1,500.00 grant. These funds will be put to
good use in providing quality coaching and ice time for their upcoming
season.
Kellie McDonell, thanking Council for placing her art in the Municipal
Centre to promote her first solo show.
Roy Wood, Chair, Ontario Municipal Water Association, advising Council
that the Safe Drinking Water Act 2002, makes it mandatory for people
with oversight responsibility for public drinking water to acquire a basic
understanding of the science and legal requirements involved. Mr.
Wood notes that Council may attend the annual conference of the
Eastern Ontario Municipal Water Association (EOMWA) to be held in
Cobourg in the Fall of 2005.
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COMMUNICATIONS
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Paul Temple, Senior Vice President, Corporate Development, Pelmorex
Communications Inc., advising Council of the CRTC process regarding
their "All Channel Alert (ACA)" proposal, an emergency warning system
for Canadians that would alert communities of impending local
emergencies threatening life or property with a television broadcast
message. On Friday, April 22, 2005, the CRTC issued Public Notice
CRTC 2005-38: Call for Applications to provide an All Channel Alert
(ACA) service. CRTC announced that they have decided to call for
competing applications. The CRTC set the deadline for further
applications by July 22, 2005. Based on these new steps taken by the
Commission, they do not expect the CRTC will be prepared to receive
and consider letters of support for Pelmorex's ACA application until
sometime during the fall of 2005.
Maria Clarke-Wimpenny, thanking Council, Bob Genosko, Supervisor,
Operations Department and staff for installing the memorial bench. Her
family has dedicated the bench to their Aunt Frances Clarke Grummett
who attended Bowmanville Central School and Bowmanville High
School and worked in Bowmanville until she left to joint the Canadian
Women's Army Corps.
Ministry of Municipal Affairs and Housing, advising Council of the long-
standing service program that was introduced by the Ontario
government in 2004 to recognize municipally elected officials with at
least 25 years of service. The first group of recipients, representing
municipalities in central Ontario, received their awards at the Central
Ontario Municipal Conference in Niagara Falls.
Carol Grylls, Committee Secretary, Region of Durham, advising Council
that the Region of Durham on April 19, 2005, passed the following
resolution:
"a) THAT public notice of the proposed renaming of portions of
Regional Road 22 (Bloor Street) to Gord Vinson Avenue
and Dewell Crescent in the Municipality of Clarington be
authorized pursuant to Section 47 of the Municipal Act,
2001; and
b) THAT a copy of Report #2005-P-35 of the Commissioner
of Planning be forwarded to the Municipality of Clarington."
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COMMUNICATIONS
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P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on April 13, 2005, passed the following resolution:
''THAT the area municipalities be advised that the share of the
Regional Tax Levy for transit purposes is to be utilized to continue
with the capital acquisition programs as defined in the local area
municipal transit forecasts."
Martin de Rond, Director of Legislative and Information Services/Town
Clerk, Town of Ajax, writing to the Region of Durham, advising that the
Town of Ajax on April 25, 2005, passed the following resolution:
"THAT the Region of Durham be requested to establish a citizen-
based Advisory Committee to assist the new Region Transit
Service."
The Honourable Ralph Goodale, Minister of Finance and The
Honourable John Godfrey, Minister of State (Infrastructure and
Communities), updating Council on the 2004 Federal Budget and the
Government of Canada's efforts to improve Canadians' quality of life
through the New Deal for Cities and Communities. The Budget included
many new investments that will benefit municipalities. The Government
of Canada will invest $5 billion of the federal gas tax revenues over five
years in environmentally sustainable municipal infrastructure such as
public transit, water and waste water systems, community energy
systems, solid waste management, the rehabilitation of roads and
bridges and municipal capacity.
R. Murray Paterson, advising Council that he was honored to receive
the 50 years Volunteer Service Award on April 20, 2005.
Richard Daley, Mayor, City of Chicago and Robyn Thorson, Regional
Director, U.S. Fish and Wildlife Service, providing Council with a copy of
the Executive Summary of the Aquatic Invasive Species Summit, which
was held in Chicago in May of 2003.
Debbie Zimmerman, Chair, Municipal Property Assessment Corporation
(MPAC), providing Council with a copy of MPAC's Annual Report and
Financial Statements for the year ended December 31, 2004.
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COMMUNICATIONS
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Martin de Rond, Director of Legislative and Information Services/Town
Clerk, Town of Ajax, writing to the Region of Durham, advising that the
Town of Ajax on April 25, 2005, passed the following resolution:
"THAT the City of Oshawa resolution regarding Fire Services
Emergency Medical Response be endorsed."
Donald McKay, Director of Corporate Services/Clerk, The Corporation of
the Town of Whitby, advising Council that the Town of Whitby on
April 25, 2005, passed the following resolution:
"1. THAT Council support the March 23rd, 2005, resolution of
the Council of the Regional Municipality of Durham
endorsing Mosport International Raceway in the
Municipality of Clarington as the preferred Canadian site
for NASCAR series expansion; and
2.
THAT NASCAR, the Region of Durham, the Municipality of
Clarington and the local M.P. and M.P.P. be advised
accordingly."
P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham, on April 13, 2005, passed the following resolution:
"a) THAT Mr. Doug McKay be appointed as the Region of
Durham's representative to the 407 East Individual
Environmental Assessment Community Advisory Group;
and
b ) THAT a copy of Report #2005-P-31 of the Commissioner
of Planning be forwarded to the Ministry of Transportation."
Martin de Rond, Director of Legislative and Information Services/Town
Clerk, Town of Ajax, writing to the Region of Durham, advising that the
Town of Ajax on April 25, 2005, passed the following resolution:
''WHEREAS, transit services will be transferred to the Region of
Durham, effective January 1, 2006;
AND WHEREAS, the effect of the transfer will shift the current
Ajax tax levy for transit purposes from the Town to the Region;
NOW THEREFORE be it resolved that in order to ensure that this
shift in service delivery is transparent to the taxpayer of Ajax,
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COMMUNICATIONS
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THAT the amount of tax collected locally for transit in 2005 be
identified and removed from the local tax bill, effective January 1,
2006; and
THAT the 2006 Final Tax Bill Information Brochure sent to each
taxpayer in the Town give notice of the shift in service delivery
and the resulting local tax reduction; and
THAT a copy of this resolution be forwarded to the Region and
Durham area municipalities."
George Graham, Clerk-Administrator, the Township of Brock, writing to
the Ministry of Municipal Affairs and Housing, advising that the Township
of Brock like many other Ontario municipalities has concerns pertaining
to liability issues and staff preparedness by the July 1, 2005, deadline of
the implementation of Bil/124 - Building Code Statue Law Amendment
Act. The Township of Brock is requesting that the Ministry consider
granting municipalities a grace period or extension beyond July 1, 2005.
P.M. Madill, Regional Clerk, Region of Durham, writing to The
Honourable David Caplan, Minister of Public Infrastructure Renewal and
Deputy House Leader, Government, advising that the Region of Durham
on April 13, 2005, passed the following resolution:
"a) THAT the following comments and the contents of Report
#2005-P-30 of the Commissioner of Planning be forwarded
to the Province as Durham Region's response to the
Places to Grow: Better Choices, Brighter Future, Draft
Growth Plan for the Greater Golden Horseshoe:
i) The Province's forecast decline in the jobs to
population ratio for Durham is unacceptable. The
Province must support and build upon the Region's
on-going efforts to attract jobs, to meet the Draft
Growth Plan objective of 'complete communities';
ii)
The Province must assist the Region to
accommodate a higher percentage of employment
growth by developing appropriate incentives and
infrastructure funding to realize the major structural
elements of the Regional Official Plan, including: the
completion of Highway 407 through the Region and
improvements to Highway 401;
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iii) The Province must develop and put in place the
incentives required to attract development that will
intensify our existing urban areas;
iv) To achieve the desired state of 200 residents and
jobs per hectare, the Province will have to invest
heavily in water, sewer and transportation
infrastructure and provide other incentives to attract
the scale and density of development contemplated
for these areas;
v) The inclusion of policies that protect employment
lands is supported. This is consistent with the
policies of the new Provincial Policy Statement, and
is desirable to ensure that municipalities can
effectively maintain an adequate supply;
vi) Policy direction that encourages the early
integration of transit services in our communities is
consistent with the Regional Official Plan and the
Transportation Master Plan, and this is supported;
vii) The assessment of land required for urban
development is currently Durham's responsibility,
and is a key component of the on-going Regional
Official Plan Review. It is imperative that Durham
and its area municipalities continue to have a key
role in planning for growth in the Region;
viii) Ajax is part of the Region's western anchor with
Pickering. Whitby and Courtice are part of the
central anchor with Oshawa. Accordingly, these
communities (Ajax, Whitby and Courtice) should not
be subject to the small cities and towns policies of
the Draft Growth Plan;
ix) The Ministry should clarify whether the policies for
small cities and towns and the population,
household and employment forecasts apply to
settlements located in the Greenbelt Plan Area;
x) It is recommended that Schedule 5, Moving People,
and Schedule 6, Moving Goods, be revised to
include the following Regional transportation
corridors in Durham:
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the Highway 407 transitway to the East
Durham Link, and along the East and West
Durham Links to 401;
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Regional Highway 2 between the Toronto-
Durham boundary and Newcastle;
Taunton Road from the York-Durham
boundary to the East Durham Link;
Brock Road from the Pickering GO Station to
the Highway 407 transitway;
Brock Street from the Whitby GO Station to
the Highway 407 transitway;
Simcoe Street from the Oshawa GO Station
to the Highway 407 transitway;
Widening of Highway 7 across the Region;
Clearly show the CN Rail line, which runs
south of Highway 401 through Durham, as an
"Existing Major Rail Line";
The future Highway 404 extension to
Highway 12/48; and
The Havelock and Stouffville (Uxbridge) rail
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xi) Durham Region must be involved in the
development of the Transportation Strategy and be
represented on the Greater Toronto Transportation
Authority, particularly as it may involve future
Provincial investment in transportation
infrastructure, including transit;
xii) It is recommended that the Draft Growth Plan
merely provide the framework for mapping and
policies to protect the Natural System. The details
should be established in upper and single-tier
official plans;
xiii) It is recommended that the Draft Growth Plan
merely provide the framework for mapping and
policies for the Agricultural System. The details
should be established in upper and single-tier
official plans;
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xiv) The Province should clarify whether the Mineral
Aggregate Resources policy is intended to apply to
the entire Greater Golden Horseshow or only those
area outside the Greenbelt Plan Area;
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COMMUNICATIONS
xv) The Province must reconsider whether Sub-area
Growth Strategies are necessary given the
duplication of current responsibilities of upper and
single-tier municipalities and the onerous logistics
and time necessary to complete them. It is
recommended that the Growth Plan merely provide
a policy framework as a basis for implementation by
upper and single-tier municipalities, through their
official plans and regular infrastructure studies.
Should the Province continue with the Sub-area
Growth Strategy approach, it is essential that the
Sub-area Growth Strategies add value to the current
planning system and be prepared in partnership
with the affected municipalities;
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xvi) The Province must declare its intent regarding
transition issues, in order that we may assess the
impact on applications, as well as the on-going
lands needs assessment component of the
Regional Official Plan Review;
xvii) The Province must direct its energies to develop the
necessary fiscal tools to support the goals and
objectives of the Growth Plan, including: committing
a sustainable source of funding for transit;
amending the Development Charges Act to allow
municipalities to finance the full costs of services;
and amending the Environmental Assessment Act
to streamline the process of approval for
infrastructure that supports the Growth Plan
objectives. Tools should be developed to influence
a shift in: market preferences for housing types;
location of residence; and transportation choices
that support intensification. The Province should
also establish a policy that Provincial infrastructure
investments, particularly in the area of human
services, will be supportive and implement the
Growth Plan;
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xviii) The Province should put in place a multi-year
infrastructure strategy concurrent with the
enactment of the Growth Plan;
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xix) The Ministry of Public Infrastructure Renewal should
recognize the Region's existing practices of
developing and implementing its own long-term
infrastructure planning and financing strategies, as
the Province develops its multi-year infrastructure
strategy;
xx) The Province must recognize that large
municipalities, like the Region, do not permit
development without ensuring that the necessary
capital infrastructure is available and funded.
Capital planning and budgets should continue to be
developed at a Regional level to reflect our
responsibilities for the provision of those services,
which reflecting the goals and objectives of the
Growth Plan; and
xxi)
The Minster of Public Infrastructure Renewal be
requested to:
a) coordinate through the authority of Municipal
Affairs and Housing, an amendment to the
boundary of the 'Protected Countryside'
under the Greenbelt Plan to remove the
lands in the Cherrywood Community in the
City of Pickering, and an amendment to the
Greenbelt Plan to delete the section 3.4.4
2a); and
b) identify the Cherrywood Community as a
'Designated Growth Area' in the final Growth
Plan for the Greater Golden Horseshoe.
b ) THAT a copy of Report #2005-P-30 of the Commissioner
of Planning be forwarded to the Minister of Public
Infrastructure Renewal, the Minister of Municipal Affairs
and Housing, and the area municipalities in Durham."
Minutes of the Physician Recruitment Committee meeting dated
April 28, 2005.
John R. O'Toole, MPP, Durham, providing Council with a copy of a letter
received from Energy Minister Dwight Duncan, concerning Ontario's
future plans for the Darlington Nuclear Generating Station.
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John R. O'Toole, MPP, Durham, providing Council with a copy of a letter
received from The Honourable Monte Kwinter, Minster of Community
Safety and Correctional Services, concerning double hatter firefighters.
Minister Kwinter writes that he has asked the Ontario Fire Marshal to
monitor the situation and to notify him if a serious threat to public safety
arises as a result of the withdrawal of services by career firefighters
serving as volunteer firefighters.
John R. O'Toole, MPP, Durham, providing Council with an excerpt of the
Official Report of Debates (Hansard) for April 26, 2005. Mr. O'Toole
notes that he has had the opportunity to give a Member's Statement
regarding the importance of the effort being made to bring NASCAR
racing to Mosport.
Stephen Harper, P.C., M.P., Leader of the Opposition, Leader of the
Conservative Party of Canada, providing Council with a copy of an Open
Letter to Canadian Municipalities in response to a letter from the
Federation of Canadian Municipalities urging local Members of
Parliament to pass the federal budget quickly. Mr. Harper assures
municipal representatives across Canada that even if the budget is not
passed, there is no risk whatsoever to promised infrastructure funding
under a Conservation government.
D. Gayle Wood, Conservation Authorities Moraine Coalition Chair 2005,
providing Council with a copy of the Conservation Authorities Moraine
Coalition 2004 Accomplishments.
Minutes of the Durham Nuclear Health Committee meeting dated
April 15, 2005.
Joyce Savoline, Regional Chairman, The Regional Municipality of
Halton, writing to The Honourable Harinder Takhar, Minister of
Transportation, advising that the Regional Municipality of Halton on
April 20, 2005, passed the following resolution:
"THAT the Regional Chairman write to the Ministers of
Transportation, Environment and Public Infrastructure Renewal
advising of the Region of Halton's position and comments to the
final Terms of Reference for the Niagara to GTA Corridor
Environmental Assessment identified in Report PPW52-05;
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COMMUNICATIONS
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THAT prior to finalization and submission of final Terms of
Reference for the Niagara to GT A Corridor Environmental
Assessment to the Minister of the Environment, the Ministry of
Transportation be requested to provide a detailed written
response to the issues identified in Report PPW52-05."
GTA/905 Healthcare Alliance, advising Council that GTA/905 Healthcare
Alliance is renewing its call to the Provincial Government to provide a
fair share of health care funding to the Region's three million residents.
The GT A/905 Healthcare Alliance is the collective voice of acute care
and mental health hospitals across the GT A/905 region - from Oshawa
to Burlington and north to Newmarket.
Resolution #C-246-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item 1-4 be received for information.
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Viveca Rupa, Chairman, Urban Development Committee, Newcastle
BIA, confirming that the Newcastle BIA is in favour of the new library
being built in the downtown core for greater accessibility for users and to
enhance efforts to attract people downtown to maintain a vibrant core.
Additionally, the Committee is in support of the proposed Farmer's
Market.
Resolution #C-247-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item I - 11 be referred to the Clarington Library Board.
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Fred Archibald, President, Archibald Orchards and Estate Winery,
advising Council that the 6th Annual Fruit Wine and Food Festival will be
held at Archibald Orchards on Saturday, May 28, 2005 from noon until
5:00 p.m.
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COMMUNICATIONS
Resolution #C-248-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item 1-12 be received for information.
"CARRIED"
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Marilyn Pearce, Mayor, Township of Scugog, writing to Bev Oda,
Member of Parliament, urging the Federal Government to pass the
proposed Federal Budget, prior to another election, to ensure Ontario's
$224 million share of the gas tax revenue flows to municipalities in 2005-
2006 for municipal infrastructure investments.
Resolution #C-249-05
Moved by Councillor Ping Ie, seconded by Councillor Robinson
THAT Correspondence I - 16 be received for information.
"CARRIED"
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Martin de Rond, Director of Legislative and Information Services/Town
Clerk, Town of Ajax, writing to The Right Honourable Paul Martin, Prime
Minister, advising that the Town of Ajax on April 25, 2005, passed the
following resolution:
"THAT correspondence from the Region of Durham and AMO
regarding the urgent need for the Government of Canada to
approve the Federal Budget to ensure that gas tax measures to
fund municipal infrastructure improvements be endorsed."
Resolution #C-250-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item I - 23 be received for information.
"CARRIED"
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CORRESPONDENCE FOR DIRECTION
Resolution #C-251-05
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 7 to D -14, inclusive.
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Margaret Foster, Secretary, Cobourg Highland Games, requesting
permission to erect 18" x 24" lawn sign in various locations around
Clarington on public property to advertise the 42nd Annual Highland
Games which will take place on July 2, 2005, at Donegan Park.
(Correspondence referred to the Municipal
Clerk)
Narmada Trusz, World Harmony Run Coordinator for Ontario South,
requesting the Mayor to greet the torch bearers of World Harmony Run
2005 when they arrive on May 31, 2005. The World Harmony Run is a
global torch relay that seeks to promote international friendship and
point the way to a real oneness-world. The event is a tangible
expression of humanity's essential need for friendship and
understanding and helps connect grassroots efforts for world harmony.
It does not seek to raise money or promote any political cause but only
create goodwill among people and nations. They are also requesting
Council to proclaim May 31, 2005, as World Harmony Day.
(Proclaimed)
P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on April 13, 2005, passed the following resolution:
"a) THAT the Regional Solicitor be instructed to amend any
applicable by-laws to read 'accessible parking' instead of
'handicapped parking' and to change 'handicapped person'
to 'person with a disability';
b) THAT the Works Department be instructed to use the term
'Accessible Parking' when replacing existing parking signs
or erecting new ones, if using words in addition to a logo;
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COMMU N ICA TIONS
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c) THAT a copy of Report #200-5-COW-03, as submitted by
Henry Kortekaas, the Chair of the Accessibility Advisory
Committee be sent to area municipalities."
(Correspondence referred to the Director of
Engineering, the Director of Operations and
the Clarington Accessibility Advisory
Committee)
Summer Active, Public Health Agency of Canada, advising Council of
the Ontario Communities Challenge Each Other to Physical Activity
'Duel'. SummerActive is a popular annual campaign from May 6 to June
20 that helps Canadians take their first steps to becoming more
physically active and spreads the word that active living, healthy eating,
and living smoke-free area all parts of a healthy lifestyle. Mayor Hazel
McCallion, Mississauga, is challenging cities and communities across
Ontario to get active by following her City's lead. The City of
Mississauga plans to get its community active this summer as part of its
commitment to being a healthy city and through participation in the
provincial ACTIVE2010 and federal SummerActive programs which
promote increased physical activity.
(Correspondence referred to the Director of
Community Services)
Derryn Gill, Chair, Board of Directors, Spina Bifida & Hydrocephalus
Association of Ontario, requesting the proclamation of June as Spina
Bifida and Hydrocephalus Awareness Month.
(Proclaimed)
Donald Air, requesting Council's permission to hold the 3rd Annual Alfred
Shrub/Bowmanville Museum 8 km Fun RunlWalk on June 5, 2005, at
9:00 a.m.
(Granted provided organizers apply for and
obtain a Road Occupancy Permit)
Denise Labelle-Gelinas, City Clerk, City of Cornwall, advising Council
that the City of Cornwall, on April 25, 2005, passed the following
resolution:
"WHEREAS the Province of Ontario, through the Assessment
Act, RS.O. 1990, subsection 3(1 )(28) states that:
"all real property in Ontario is liable to assessment and
taxation subject to the following exemptions:
.
.
.
Council Meeting Minutes
-18-
May 16, 2005
COMMUNICATIONS
28) A hydro-electric generating station, as defined in
subsection 92.1 (24) of the Electricity Act 1998 and the
land and structures used in connection with the generating
station, as may be described by the Minister, but not any
portion of the land, buildings or structures used for any
other purpose. This paragraph applies to the 2001
taxation year and subsequent taxation years",
WHEREAS the Electricity Act 1998 provides as follows:
"Hydro-electric Generating Station" includes any building,
structure in which electricity is generated through water or
from the movement of water."
WHEREAS the stated intent of this action was to give the newly
formed Provincial Electrical Corporations the opportunity to
become profitable and competitive in the newly deregulated
marketplace in Ontario and in the wider North American electrical
market; and
WHEREAS, as reported in the Toronto Star on March 30, 2005,
the Acting Chief Executive of Ontario Power Generation (OPG),
Mr. Richard Dicerni indicated that in 2004, OPG has had a profit
in excess of $42,000,000 and that, in 2005, the profit will climb to
between $300,000,000 to $350,000,000 or more; and
WHEREAS OPG is a for-profit Corporation and should pay its fair
share of taxes based on its assessment value and at the local
hosting community's commercial tax rates; and
WHEREAS in the case of the City of Cornwall, based upon the
average annual actual output of 6.4 terra watts from the OPG
facility located in the City of Cornwall, the R.H. Saunders
Generating Station assessed in 2004 at $96,016,570 and with a
current City of Cornwall commercial tax rate of .07436299, the
facility could pay its full taxes of $7,140,302 to the City at a cost
per kilowatt to the end user of .001115 cents or, in terms of an
average householder using 1000 kilowatts per month, an
additional monthly charge of $1.12 per month or $13.38 per year;
and
WHEREAS the City of Cornwall has been trying for five years to
get this situation addressed by various Provincial governments
without a response.
.
.
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Council Meeting Minutes
-19-
May 16, 2005
COMMUNICATIONS
NOW THEREFORE BE IT RESOLVED THAT the City of
Cornwall request from its MPP, Mr. Jim Brownell, to attend a
meeting of Council in early May 2005 to discuss this issue and
that he publicly, declare his support for the position taken by the
City of Cornwall and that he confirm this in writing to the Council
of the City of Cornwall; and
BE IT FURTHER RESOLVED THAT the City of Cornwall also
request that the Premier of Ontario, the Honourable Dalton
McGuinty and the Minister of Finance, the Honourable Greg
Sorbara, declare their support on the position taken by the City of
Cornwall, and also request from the Leader of Official Opposition
and the Leader of the Provincial Conservative Party, Mr. John
Tory, as well as the Leader of the Provincial New Democratic
Party, Mr. Howard Hampton on behalf of themselves personally
and on behalf of their respective parties, that they will support the
request of the City of Cornwall now and in the future; and
BE IT FURTHER RESOLVED THAT this Resolution be sent to
the Councils of other OPG host communities with a request that
they pass similar Resolutions in their communities and obtain
similar support from their MPPs for their own Hydro Generating
facilities. "
Resolution #C-252-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Correspondence Item D - 7 be received for information.
"CARRIED"
D-8
C10.MO
Catherine Conrad, City Clerk, City of North Bay, writing to Monique
Smith, MPP, Nipissing, advising that the City of North Bay on April 25,
2005, passed the following resolution:
''WHEREAS the City of North Bay is forecasting to spent
$363,000 in its ParkslTrail Maintenance and Replacement
Program over the next five (5) years;
AND WHEREAS municipalities have invested substantial public
funds in the development of trails;
.
.
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Council Meeting Minutes
-20-
May 16, 2005
COMMUNICATIONS
AND WHEREAS the public has made very significant use of trail
systems for fitness and recreation to substantially improve their
quality of life during all four (4) seasons;
AND WHEREAS those using trail systems have historically done
so at their own risk;
AND WHEREAS the cost to maintain and police trail systems
would be so prohibitive as to require their closure if made
mandatory, whether by case law or statute;
AND WHEREAS various lawsuits have been filed claiming liability
against municipalities and other trail owners;
AND WHEREAS the cost of insurance for the use of trail systems
has already proven so expensive to be prohibitive;
NOW THEREFORE BE IT RESOLVED THAT Council request
through our M.P.P. Monique Smith that the Minister of Municipal
Affairs and Housing move to amend the Occupiers Liability Act so
as to clearly establish that those using trail systems are deemed
to do so at their own risk, so that owners and volunteer
organizations will not be held liable in any way for any damages
arising from the use of trails by the public;
AND FURTHER THAT this resolution be circulated to all other
municipalities greater than 50,000 in population, to all
municipalities in the Blue Sky Region, to AMO, FONOM,
NEOMAG and the North Bay and District Chamber of Commerce
with the request that they pass similar resolutions of support."
Resolution #C-253-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the resolution of the City of North Bay regarding Parks/Trail Maintenance and
Replacement Program be endorsed by the Council of the Municipality of Clarington.
"CARRIED"
.
.
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Council Meeting Minutes
-21-
May 16,2005
COMMUNICATIONS
D-9
C10.MO
J.R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation, advising Council that the Central Lake Ontario
Conservation on March 21, 2005, passed the following resolution:
''THAT a letter be sent from CLOCA to local municipalities urging
that municipal councils endorse all of the recommendations
offered by the expert panel and specifically underlines its
recommendations regarding the need for control measures in the
production and application of PFB related products."
Resolution #C-254-05
Moved by Councillor Schell, seconded by Councillor Foster
THAT J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation be
advised of actions taken with respect to Report PSD-062-05.
D -10
T07.GE
"CARRIED"
Lynda Shephard, Vice President House League, Bowmanville/Newcastle
Baseball Association, requesting that a sign be placed on Highway 2 at
the entrance to Bowmanville displaying the various grass roots sports
teams available in Clarington. She believes that the sign would
generate a positive outcome for the area of Clarington with respect to
future growth as well as support the various organizations so that they
can continue to provide a great benefit to the families and children of the
area.
Resolution #C-255-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item D -10 be referred to staff.
D - 11
C10.MO
"CARRIED"
J.D. Leach, City Clerk, City of Vaughan, advising Council that the City of
Vaughan on April 18, 2005, passed the following resolution:
"THAT the recommendation contained in the report of the
Commissioner of Engineering and Public Works, dated
April 18, 2005, be approved;
.
.
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Council Meeting Minutes
-22-
May 16, 2005
COMMUNICATIONS
THAT the official letter of concern to local MP's, be forwarded to
all GTA Municipalities to promote awareness and to request their
support; and
THAT staff discuss with Canada Post, opportunities for payment
for anti-litter campaign signs to be installed at all
Supermailboxes."
Resolution #C-256-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the resolution from the City of Vaughan regarding Supermailboxes be endorsed
by the Council of the Municipality of Clarington; and
THAT Correspondence Item D - 11 be copied to the Operations Department and
Bev Oda, MP.
"CARRIED"
D - 12
C10.MO
C06.CL
P.M. Madill, Regional Clerk, Region of Durham, writing to The
Honourable Steve Peters, Minister of Agriculture and Food, advising that
the Region of Durham on May 4, 2005, passed the following resolution:
"a) THAT the Greater Toronto Area (GTA) Agricultural Action
Plan, Final Report, be supported;
b ) THAT the Regional Chair or designate, be appointed as
Durham Region's representative on the GTA Agricultural
Action Committee; and
c ) THAT a copy of Report #2005-P-34 of the Commissioner
of Planning be forwarded to the Ontario Ministries of
Agriculture and Food, and Municipal Affairs and Housing,
the Federal Department of Agriculture, the Durham
Federation of Agriculture, the Durham Agricultural Advisory
Committee (DAAC), and the area municipalities for their
information."
.
.
.
Council Meeting Minutes
-23-
May 16, 2005
COMMUNICATIONS
Resolution #C-257-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 12 be referred to the Clarington Agricultural Advisory
Committee.
"CARRIED"
D - 13
C10.MO
P.M. Madill, Regional Clerk, Region of Durham, writing to The
Honourable Harinder Takhar, Minister of Transportation, advising that
the Region of Durham on May 4, 2005, passed the following resolution:
"a) THAT the Planning and Works Committee receive
Commissioner's Report No. 2005-J-09 for information;
b)
THAT the Province of Ontario be requested to incorporate
the Slow Moving Farm Vehicle Signage as a Provincial
standard;
c)
THAT a copy of Commissioner's Report No. 2005-J-09 be
forwarded to the Durham Regional Police Services, the
Durham Agricultural Advisory Committee, the Ministry of
Transportation, and the area municipalities for their
information; and
d) FURTHER, that the Association of Municipalities of Ontario
(AMO) be advised and requested to adopt and forward the
resolution to all Ontario Municipalities for their adoption
and recommendation to the Province of Ontario."
Resolution #C-258-05
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Correspondence Item D - 13 be referred to the Clarington Agricultural Advisory
Committee.
"CARRIED"
.
Council Meeting Minutes
-24-
May 16, 2005
COMMUNICATIONS
D - 14
C10.MO
Corporation of the County of Essex, advising Council that the County of
Essex on April 20, 2005, passed the following resolution:
"WHEREAS Ontario Colleges currently rank 10th out of 10
provinces in Canada in per-student revenue;
AND WHEREAS Ontario Colleges are not funded at the same
level as universities or even high schools;
AND WHEREAS in 2003 - 2004, Ontario Colleges served 53%
more students than 15 years ago, yet have received 29% less in
grant and fee income;
AND WHEREAS with adequate funding Ontario Colleges can
address the fact that only one half of Ontario students proceed to
postsecondary education;
AND WHEREAS Ontario College alumni generate an estimated
$11 billion positive impact on Ontario's economy;
.
AND WHEREAS Ontario Colleges provide an average annual
return of 12% on taxpayer investment;
AND WHEREAS government investment in Ontario Colleges is
recovered in approximately 10.7 years;
THEREFORE, BE IT RESOLVED that the Government of Ontario
be requested to fund Ontario Colleges on a more equitable level,
in comparison to funding provided to Ontario universities and
secondary schools;
AND BE IT FURTHER RESOLVED that this resolution be
forwarded to the Honourable Minister of Training, Colleges and
Universities, Bruce Crozier, MPP, Essex, Dwight Duncan,
Honourable Minister of Energy and MPP, Windsor-St. Clair, Pat
Hoy, MPP, Chatham-Kent-Essex, the Association of
Municipalities of Ontario and all Ontario municipalities."
Resolution #C-259-05
Moved by Councillor Trim, seconded by Councillor Pingle
. THAT Correspondence Item D - 14 be received for information.
"CARRIED"
.
.
.
Council Meeting Minutes
-25-
May 16, 2005
NOTICE OF MOTION
REPORTS
Report #1 - Special General Purpose and Administration Committee Report-
May 6, 2005
REPORTS
Resolution #C-260-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT the Special General Purpose and Administration Committee Report of
May 6, 2005, be approved.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniarv Interest
Councillor Foster ..,j
Councillor MacArthur ..,j
Councillor Pinqle ..,j
Councillor Robinson -:;r
Councillor Schell -..,j
Councillor Trim ..,j
Mavor Mutton ..,j
Report #2 - General Purpose and Administration Committee Report -
May 9, 2005
Resolution #C-261-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of May 9,2005, be
approved.
"CARRIED"
.
Council Meeting Minutes
-26-
May 16, 2005
UNFINISHED BUSINESS
Resolution #C-262-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT Dave Dobson, Clarington Big Brothers and Sisters be thanked for his
delegation and hard work; and
THAT information pertaining to Clarington Big Brothers and Sisters be placed on the
Clarington Intranet.
"CARRIED"
Resolution #C-263-05
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Darlene Mathews and Terri Gray, Community Living Oshawa/Clarington, be
thanked for their presentation;
. THAT staff continue to work with Community Living Oshawa/Clarington; and
THAT the month of May be proclaimed Community Living Month.
"CARRIED"
Resolution #C-264-05
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the delegation of Jeanne Burnside be received.
"CARRIED"
Resolution #C-265-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the delegation of Mark Frayne, Holburn Biomedical Corporation, be referred to
the Planning Services Department for inclusion in the Commercial Policy Review.
"CARRIED"
.
.
Council Meeting Minutes
-27-
May 16, 2005
OTHER BUSINESS
Councillor Trim noted that last September there were complaints pertaining to
commorants destroying trees in the Port of Newcastle and that the issue was referred
to the Ganaraska Conservation Authority. He has recently received complaints from
another resident regarding the same situation and the Director of Operations will be
meeting with representative of the Ganaraska Conservation Authority on Thursday,
May 19, 2005.
.
On April 23, 2004, a Clarington Household Hazardous Waste Event occurred. The
Region of Durham issued a report stating that it was a great success and that 250
residents responded to the event. Councillor Trim advised that reconstruction is
occurring on Highway 2 from Mor~ans Corners to Newtonville Road by the Region of
Durham. He advised that the 100 h birthday of the Foundry and the Foundry tours
occurred on Sunday, May 15, 2005, and the event was very successful. Last
Saturday he attended a ribbon cutting at the Port of Newcastle and last week, along
with two other Councillors, he attended the Men of Distinction Awards and noted that
Dan Carter was a recipient of this honour. On the weekend during the Maplefest he
welcomed young people from Toronto to the municipality.
Councillor Pingle advised that she attended the 23rd Annual Women of Distinction
Awards and a Nurses' Week barbecue at Lakeridge Hospital in Bowmanville.
Bethesda House is holding a fund raising dinner Action on May 26, 2005. St. Marys is
providing open house tours of the quarry on June 4, 2005 and Tyrone Spirit Day will
be held on June 11, 2005.
Councillor Trim announced that the Municipality of Clarington is the recipient of the
Am Greene Merit Award for their participation in the Firehouse Youth Centre Program
and he presented a plaque to Mayor Mutton. The Arn Greene Merit Award recognizes
services to the community in the form of humanitarian interests in criminal justice. It
acknowledges the efforts of an individual or organization that have led to improved
practices in social justice or crime prevention.
BY-LAWS
Resolution #C-266-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2005-082 to 2005-098, inclusive and that
the said by-laws be now read a first and second time:
.
2005-082 being a by-law to amend By-law 84-63 the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington (Intracorp
Holdings Ltd.)
.
.
.
Council Meeting Minutes
-28-
May 16, 2005
BY-LAWS
2005-083 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Karen Audenaert)
2005-084 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Denis Franklin)
2005-085 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Doug Pitcher)
2005-086 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Richard Bell)
2005-087 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Nikolaos Koitsopoulos)
2005-088 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Tony Murray)
2005-089 being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property (Keith Pearson)
2005-090 being a by-law amend By-law 2003-191 being a by-law to appoint individuals
as Parking Enforcement Officers for Private Property (rescinding
appointments)
2005-091 being a by-law to designate the property known for municipal purposes as
6585 Regional Road 34, Part Lot 30, Concession 6, Darlington, now in the
Municipality of Clarington as a property of historic or architectural value or
interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18
2005-092 being a by-law to designate the property known for municipal purposes as
4675 Bethesda Road, Part Lot 5, Concession 5, Darlington, now in the
Municipality of Clarington as a property of historic or architectural value or
interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18
2005-093 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Hard-Co Construction Ltd., Whitby, Ontario, to
enter into agreement for the Valley's 2000 Pond Construction, Bowmanville
Creek Valley opposite Hetherington Drive
2005-094 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and 614128 Ontario Ltd., o/a Trisan Construction,
Schomberg, Ontario, to enter into agreement for the Pedestrian Walkway,
Courtice - Foxhunt Trail to Darlington Boulevard
.
.
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Council Meeting Minutes
-29-
May 16, 2005
BY-LAWS
2005-095 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into
agreement for the lease of Clarington Beech Centre, 26 Beech Street,
Bowmanville, Ontario
2005-096 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Ontario Realty Corporation to enter into
agreement for the lease space at 132 Church Street, Bowmanville, ON
2005-097 being a by-law to amend By-law 2004-019, a by-law to appoint Members to
the Municipal Heritage Committee (formerly Local Architectural Conservation
Advisory Committee) for the Municipality of Clarington
2005-098 being a by-law to exempt a certain portions of Registered Plan 40M-1815
and 40M-1931 from Part Lot Control
"CARRIED"
Resolution #C-267 -05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2005-082 to 2005-098 inclusive, be
approved.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-268-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2005-099 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
16th day of May, 2005, and that the said by-law be now read a first and second
time.
"CARRIED"
.
.
.
Council Meeting Minutes
-30-
May 16, 2005
CONFIRMING BY-LAW
Resolution #C-269-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2005-099 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-270-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the meeting adjourn at 8:26 p.m.
"CARRIED"
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MAYOR "
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