HomeMy WebLinkAbout12/12/2005
Council Meeting Minutes
December 12, 2005
Minutes of a regular meeting of Council held on December 12,2005, 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
Chief Administrative Officer, F. Wu
Director of Engineering Services, 1. Cannella (attended until 8: 15 p. m.)
Director of Community Services, J. Caruana (attended until 8:15 p.m.)
Director of Planning Services, D. Crome (attended until 9:12 p.m.)
Solicitor, D. Hefferon (attended until 9:12 p.m.)
Director of Operations, F. Horvath (attended until 8:15 p.m.)
Manager of Special Projects, F. Langmaid (attended until 9:12 p.m.)
Director of Corporate Services, M. Marano (attended until 8:15 p.m.)
Director of Finance/Treasurer, N. Taylor (attended until 9:12 p.m.)
Director of Emergency Services, G. Weir (attended until 8:15 p.m.)
Administrative Assistant to the Clerk, H. Keyzers (attended until 8:15 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Foster indicated that he would be stating a pecuniary interest with respect
to Item #3 of Report #1 .
Councillor Pingle indicated that she would be stating a pecuniary interest with respect
to a property matter to be discussed during the "closed" session.
Council Meeting Minutes
-2-
December 12, 2005
MINUTES
Resolution #C-541-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on November 28, 2005, be
approved.
"CARRIED"
PRESENTATIONS
Mayor Mutton presented Bill and Lesli-Anne Bagg with the 2005 Grand Champion and
Grand Reserve Champion Christmas Trees Award.
Fred Mandryk, Principal, John M. James Public School along with Roberta Youngs
Ransom and Cathy Abraham, School Board Trustee appeared before Council to
discuss the Character Education Program. They provided a power point presentation
highlighting the following:
. How they started;
. The process;
. Choosing the attributes;
. What is Character Education;
. Clarington - A Community of Character;
. Action Plan;
. Who are the target groups;
. Individuality and Cohesiveness;
. Statement of purpose; and
. Since they started.
They are requesting that Council pass a resolution declaring the Municipality of
Clarington as a Community of Character.
Resolution #C-542-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the order of the agenda be altered to consider the presentation pertaining to the
Character Education Program at this time.
"CARRIED"
Council Meeting Minutes
-3-
December 12, 2005
PRESENTATIONS
Resolution #C-543-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the Municipality of Clarington be declared a Community of Character, that is, a
community where respect, responsibility, honesty, integrity, empathy, fairness,
initiative, perseverance, courage and optimism are attributes championed by
everyone.
"CARRIED"
DELEGATIONS
Resolution #C-544-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT the Rules of Procedure be suspended to allow for the addition of a delegation.
"CARRIED"
Resolution #C-545-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Mike Black be added as a delegation to address Report CLD-048-05.
"CARRIED"
David Kelly, Chairman, Clarington Accessibility Advisory Committee presented the
2006 Accessibility Plan in accordance with the Ontarians with Disabilities Act. Mr.
Kelly highlighted the past activities of the Committee and outlined future plans.
Annie Krabi appeared before Council regarding Report CLD-047-05 - Order to
Restrain - Krabi. Ms. Krabi advised that her German shepherd, Snoopy is 1 % years
old and is in frequent contact with people. She noted that she hosts church functions
on her property all the time and that she has never had to worry about her dog with
visitors or children. She requested that the Order to Restrain be withdrawn.
Karen Darling appeared before Council regarding Report CLD-048-05 - Order to
Restrain - Demers. Ms. Darling requested that the Order to Restrain be upheld and
noted that she and her family no longer walk down the street where the incident
occurred.
Council Meeting Minutes
-4-
December 12, 2005
DELEGATIONS
Michael McFadden was present to answer questions related to Confidential Report
CLD-050-05.
Resolution #C-546-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT the order of the agenda be altered to allow for the consideration of Confidential
Report CLD-050-05 at this time.
"CARRIED"
Resolution #C-547 -05
Moved by Councillor Schell, seconded by Councillor Trim
THAT Confidential Report CLD-050-05 be received; and
THAT the usual municipal practice be approved.
"CARRIED"
Mike Black appeared before Council on behalf of Nancy Demers regarding Report
CLD-048-05. Mr. Black stated that their dog is only a puppy and he believes that the
dog was attempting to play with Ms. Darling's dog. He is requesting that the Order to
Restrain be withdrawn.
Resolution #C-548-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the order of the agenda be altered to allow for the consideration of Reports
CLD-047 -05 and CLD-048-05 at this time.
"CARRIED"
Report #2 - Report CLD-047 -05 - Order to Restrain - Krabi
Resolution #C-549-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report CLD-047 -05 be received;
THAT the Order to Restrain serviced on Anne Krabi be withdrawn; and
Council Meeting Minutes
-5-
December 12, 2005
DELEGATIONS
THAT Annie Krabi, Barb Jenkins and Ian Monteith be advised of Council's decision.
"CARRIED"
Report #3 - Report CLD-048-05 - Order to Restrain - Demers
Resolution #C-550-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report CLD-048-05 be received;
THAT the Order to Restrain served on Nancy Demers be upheld; and
THAT Nancy Demers and Karen Darling be advised of Council's decision.
"CARRIED"
COMMUNICATIONS
Resolution #C-551-05
Moved by Councillor Trim, seconded by Councillor Pingle
THAT the communications to be received for information be approved as per the
agenda, with the exception of Item 1-8, I -10, 1- 12, 1- 13, I -14 and I - 15.
"CARRIED"
I - 1
C10.MO
Carol Grylls, Planning Committee Secretary, Region of Durham,
advising Council that the Region of Durham on November 15, 2005,
passed the following resolution regarding Smart Commute:
"a) THAT Report #2005-P-88 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2005-P-88 of the Commissioner of
Planning be forwarded to the eight area municipalities."
1-2
T03.GE
Martha A. Pettit, Manager Legislative Services/Deputy Clerk, Town of
Ajax, advising Council that the Town of Ajax, on November 28,2005,
passed a resolution urging the Council of the Regional Municipality of
Durham to implement a suggested fare structure for the new Regional
Transit system.
Council Meeting Minutes
-6-
December 12, 2005
COMMUNICATIONS
1-3
SOO. GE
1-4
C06.0L
1-5
C06.SA
1-6
C06.CL
1-7
C10.MO
1-9
E06.GE
I - 11
L 11. GE
1-16
R01. GE
I - 17
C10.MO
E07.GE
Lakeridge Health Corporation, providing a copy of the Report of the
Advisory Panel to the Board of Trustees of Lakeridge Health
Corporation.
Minutes of the Clarington Older Adult Association Board of Directors
Meeting dated November 18, 2005.
Minutes of the Santa Claus Parade Meeting dated November 16, 2005.
Minutes of the Clarington Traffic Management Advisory Committee
Meeting dated October 20,2005.
Kim Coates, Clerk, Township of Scugog, advising Council that the
Township of Scugog concurs with the Municipality of Clarington's
resolution regarding opposition to Pay Assurance.
Marika Hare, Enbridge Gas Distribution, providing Council with a copy of
the latest issue of enLink, Enbridge Gas Distribution's newsletter
focused on the municipal level of government.
John Gerretsen, Minister of Municipal Affairs and Housing, providing
Council with the reporting requirements for the 2005 Municipal
Performance Measurement Program (MPMP). The formal requirements
for MPMP under Section 299 of the Municipal Act will come into effect
on January 1, 2006.
Madeleine Meilleur, Minister of Culture, providing Council with a copy of
Strengthening Ontario's Heritage: An introductory guide to identifying,
protecting and promoting your community's heritage.
Martin de Rond, Director, Legislative and Information Services/Town
Clerk, Town of Ajax, advising that the Town of Ajax on November 24,
2005, passed the following resolution:
"1. THAT Council advise the Minister of the Environment and the
Regions of York and Durham that the Town of Ajax has a direct
interest in the Environmental Assessment (EA) being conducted
by the Regions to expand the Duffin Creek Water Pollution
Control Plan (WPCP), given the proximity of this project to the
Ajax community (within one kilometre) and its position relative to
our community (upwind and upstream);
Council Meeting Minutes
-7-
December 12, 2005
COMMUNICATIONS
2. THAT Council request the Regions to provide to Town staff the
detailed information produced through Phases 1 to 4 of the EA
process, including but not limited to:
a) the proposed design and operation of the expanded
WPCP, particularly how the release of untreated and
partially treated sewage into Lake Ontario will be
prevented (especially during periods of heavy
precipitation);
b) potential air and water emissions, the Federal and
Provincial environmental standards and any higher
standards being applied voluntarily by the proponents;
c) background water quality information and the existing and
predicted coastal conditions in Lake Ontario;
d) the findings of the peer reviewers; and
e) the Environmental Study Report (ESR);
3. THAT Council request the Regions of York and Durham to
release the Environmental Study Report (ESR), including all
technical information and all peer reviewers' findings, to Town
staff for review over a period of not less than 180 days, to allow
for a thorough technical review and reporting back to Council with
findings and recommendations;
4. THAT Council request the Ministry of the Environment to provide
sufficient funds to the Town of Ajax to peer review the ESR and
related information;
5. THAT Council request the Regions take a more proactive
community consultation program about the findings of the EA
process prior to completion of Phase 4 of this EA process;
6. THAT Council express to Durham Region the concern that the
existing Duffin Creek WPCP may be contributing to the escalating
frequency of beach closures at Rotary Park (100% in 2005):
Council Meeting Minutes
-8-
December 12, 2005
COMMUNICATIONS
7. THAT Council request the Region of Durham to provide sufficient
funding to the Regional Health Department in the 2006 budget to
investigate and identify sources of bacterial pollution (e.g. human,
waterfowl) causing the beach at Rotary Park to be closed due to
poor water quality and recommend how the Region, the Town
and others can effectively address the problems;
8. THAT a copy of this report be send by the Clerk to the
Honourable Laurel C. Broten, Ontario Minister of the
Environment, and the Clerks of the Regional Municipality of York,
Durham, the Cities of Pickering and Oshawa, the Town of Whitby
and the Municipality of
Clarington;
9. THAT funding be provided to the Toronto and Region
Conservation Authority, in conjunction with Environmental
Canada and Health Canada, to conduct a comprehensive study
of:
a) the existing and predicted ecological conditions in the
waters of Lake Ontario along TRCA's entire waterfront and
as far east as the Ajax water supply plant (e.g. water
quality, water quantity, and background levels and sources
of contaminants, aquatic environment);
b) the existing and predicted background levels of
contaminants (e.g. toxins) along the Ajax waterfront,
including identifying the contributions from sewage
treatment facilities, creek mouths and other sources;
c) the potential cumulative impacts of emissions from sewage
treatment plants, stormwater runoff facilities, creek mouths
and planned and ongoing remedial works (e.g. deflector
arms, RAP activities) in the City of Toronto and elsewhere
on water conditions at downstream communities, including
the Town of Ajax;
d) all potentially harmful and toxic chemicals bioaccumulating
in the study area as a result of various sources, including
the Pickering Nuclear Plant, and identify and threats to
public health, including the drinking water provided at the
Ajax water supply plant; and
Council Meeting Minutes
-9-
December 12, 2005
COMMUNICATIONS
1-18
C06.TY
1-19
F22. GE
1-20
T05.HW
1-21
1-22
1-8
M02. GE
e) produce a report making recommendations with respect to
improving Lake Ontario's water quality, including
recommendations to the Federal and Provincial
governments respecting the establishment of higher
environmental standards for waterborne emissions from
sewage treatment plants; and
1 O. THAT a copy of this report be sent by the Clerk to the Right
Honourable Stephane Dion, Federal Minister of the Environment,
Mark Holland, MP, Wayne Arthurs, MPP, the Chair of the
International Joint Commission, the Chair of the Canadian Great
Lakes and St. Lawrence Cities Initiative, and the City of Toronto."
Minutes of the Tyrone Community Centre meeting dated
December 2, 2005.
Arthur Anderson, Director, Municipal Relations, Municipal Property
Assessment Corporation, providing Council with materials that were
distributed at the 2005 Annual Meeting at the Counties, Regions and
Single Tier Municipalities, and District Social Services Administration
Boards Conference in Niagara Falls on October 19,2005.
John R. O'Toole, MPP, Durham, advising Council that he has forwarded
Clarington's resolution pertaining to the need for early completion of
Highway 407 to the Minister of Transportation.
David Shier, President, Canadian Nuclear Workers Council, advising
Council that they are in full support of efforts to expand the Darlington
Nuclear Generating Station "B" site.
Don MacKinnon, President, Power Workers' Union, advising Council that
their union is in full support of Clarington's resolution to support Nuclear
New Build at the Darlington Nuclear Generating Station "B" site.
Luc Bernier, President, The Institute of Public Administration of Canada,
advising Council that they are accepting nominations for the Vanier
Medal until March 31, 2006. The Vanier Medal, established in 1962, is
awarded annually as a mark of distinction and administrative excellence
to a person who has made an outstanding contribution to public
administration.
Council Meeting Minutes
-10-
December 12, 2005
COMMUNICATIONS
Resolution #C-552-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence I - 8 be referred to the Chief Administrative Officer for a report
and input on possible nominations of staff.
"CARRIED"
1-10
C10.MO
Paul Jones, Town Clerk, Town of Whitby, advising Council that the Town
of Whitby on November 14, 2005, passed the following resolution:
"WHEREAS Bill 169, an Act to amend the Highway Traffic Act and to
amend and repeal various other statutes in respect of transportation
related matters received first reading on February 21, 2005;
AND WHEREAS Bill 169, Section 27(3) amends Section 176(3) of the
Highway Traffic Act, RS.O. 1990 to state that, "Where a school crossing
guard displays a school crossing stop sign as provided in subsection (2),
the driver of any vehicle approaching the school crossing guard shall
stop before reaching the crossing and shall remain stopped until all the
children and the school crossing guard have cleared "the half" of the
roadway upon which the vehicle is traveling and it is safe to proceed";
AND WHEREAS a vehicle is proceeding through "the half" of the
roadway prior to crossing guards returning to their original side of the
road creates a substantial hazard to the school crossing guard and
children both in the crossing or about to cross;
NOW THEREFORE BE IT RESOLVED THAT Bill 169, Section 27(3) to
amend Section 176(3) of the Highway Traffic Act, RS.O. 1990 be further
amended to require the driver of a vehicle to remain stopped until all the
children and the school crossing guard have cleared the roadway;
AND FURTHER BE IT RESOLVED THAT the Ministry of Transportation
(Ontario) be requested to undertake a Province-wide publicity campaign
to inform Ontario drivers of their obligations with regards to this
amendment;
AND THAT this resolution be forwarded to Durham MPPs, Durham
municipalities, Minister of Transportation, Ontario Good Roads
Association and the Ontario Traffic Conference."
Council Meeting Minutes
-11-
December 12, 2005
COMMUNICATIONS
Resolution #C-553-05
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution of the Town of Whitby regarding School Crossing Guards be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
1-12
E07.GE
Ted Galinis, General Manager, Durham Region Transit, advising Council
that the recent transferring of transit services from the lower tier
municipalities to the Region did not include responsibility for Municipal
waste containers located at or near bus transit stops. It will be the local
municipality's responsibility to maintain the garbage collection on all bus
transit routes throughout the Durham Region.
Resolution #C-554-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Correspondence Item I - 12 be referred to the Director of Operations.
"CARRIED"
1-13
C10.MO
SOO. GE
Dominika Flood, Executive Assistant, GT A/905 Healthcare Alliance,
advising Council that the Greater Toronto and Hamilton Mayors
and Chairs passed the following resolution:
"WHEREAS, local access to health care services is a priority for the
three million residents living in the GTA/905 and key to maintaining
vibrant, viable and healthy communities in the GT A/905;
WHEREAS the four GTA/905 regions of Halton, Peel, Durham and York
continue to experience rapid population growth at twice the provincial
rate and represent half the annual population growth in Ontario;
WHEREAS the funding gap for hospital services in the GTA/905 has
widened since 2003 from $590 million to $740 million today on a
regional basis and per capita funding for GT A/905 residents' hospital
care is now $255 less than the provincial average compared to $229
less per resident in 2003;
Council Meeting Minutes
-12-
December 12, 2005
COMMUNICATIONS
WHEREAS, using new Local Health Integration Network (LHIN)
boundaries, the per capita funding for GT A/905 residents' hospital care
is now $164 less per resident compared to the provincial average and
has widened from $146 less per person in 2003 which means that the
funding gap for hospital services in the GTA/905 LHINs has widened
from $540 million in 2003 to $665 million as of 2005;
WHEREAS GTA/905 residents continue to pay to the Ontario
Government $570 million each year though the Provincial Health Care
Tax meaning that the Ontario Government has the resources to invest in
GT A/905 residents' health care services;
WHEREAS the Government of Ontario's Places to Grow plan speaks to
building "complete communities" in Ontario's high growth regions that
will be "supported by modern, well maintained infrastructure built in
accordance with a broad plan for growth... {with} residents having easy
access to shelter, food, education and health care facilities...";
WHEREAS it will take three to seven years for recently approved
hospital construction projects in the GT A/905 to begin to improve local
access to hospital care in the GT A/905;
BE IT RESOLVED THAT the Greater Toronto Area and Hamilton
Mayors and Chairs Committee call on the Government of Ontario to:
a) Follow through on their commitment to provide Growth Funding
for Ontario hospitals and ensure that the growth funding is both
adequate in size and is targeted to hospitals in high growth
regions such as the GT A/905;
b) Preserve the viability and capacity at all sites in high growth
regions, especially those in smaller GT A/905 communities, in
order to meet health care needs due to current and future
population growth in small GT A/905 communities by:
. Establishing provincial policies that make clear what range
of hospital services are to be provided in small and rural
hospitals, and
. Providing additional and adequate multi-site funding to
multi-site hospitals
c) reinstate development charges for the building of hospitals;
d) Develop a "Health Care Strategy for Ontario's High Growth
Region" using the GT A/905 Healthcare Alliances' report, Places
for Care as a starting point
e) approve the capital development projects for Ajax, Milton and
Burlington hospitals."
Council Meeting Minutes
-13-
December 12, 2005
COMMUNICATIONS
1-14
C10.MO
P16.GE
1-15
C10.MO
Greater Toronto and Hamilton Mayors and Chairs Meeting,
advising Council that on November 25, 2005, they passed the following
resolution:
"WHEREAS there has been a considerable increase in gun violence in
the City of Toronto and throughout the Greater Toronto Area (GTA);
AND WHEREAS this problem is not confined to anyone particular
municipal jurisdiction;
AND WHEREAS the spread of gun violence is a complex problem and
there are no easy or apparent solutions;
THEREFORE BE IT RESOLVED that the GTA Mayors and Chairs host
a Gun Violence Summit and invite Police Departments, Community
Leaders, Social Services agencies, Housing Authorities and Boards of
Education from across the GTA as well as, the Provincial and Federal
Ministers and representatives to develop a GTA wide strategy on solving
this immediate threat to public safety."
Greater Toronto and Hamilton Mayors and Chairs Meeting,
advising Council that on November 25, 2005, they passed the following
resolution:
"WHEREAS the Province has ultimate authority with regard to the
Environmental Assessment Process, and has a large responsibility in
Waste Management issues;
THEREFORE BE IT RESOLVED that the GTAH Mayors and Chairs
request the Province to:
a) include Waste Management as part of the infrastructure in the
'Better Choices, Brighter Future - Places to Grow' Proposed
Growth Plan for the Greater Golden Horseshoe;
b) Improve the predictability and consistency in the Environmental
Assessment Act; and
c) Amend the Development Charges Act to permit municipalities to
collect for the growth related cots of Waste Management;
d) Acknowledge that the Province has responsibility for Waste
Management and to work collaboratively with municipalities to
achieve cost efficient and long-term solutions to the Waste
Management crisis in the Province; and
Council Meeting Minutes
-14-
December 12, 2005
COMMUNICATIONS
FURTHER BE IT RESOLVED that the Minister of the Environment be
invited to attend the GTAH Mayors and Chairs meeting to be held in
February 24,2006, at the Town of Georgina."
Resolution #C-555-05
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT the resolutions from the Greater Toronto and Hamilton Mayors and Chairs
regarding Health Care Strategy for Ontario's High Growth Region, Gun Violence and
Waste Management be endorsed by the Council of the Municipality of Clarington.
"CARRIED"
Correspondence Item D - 11 was distributed as a handout.
CORRESPONDENCE FOR DIRECTION
Resolution #C-556-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the Correspondence Items be approved as per the agenda, with the exception
of Items D - 5, D - 7 and D - 8 to D - 10, inclusive.
D - 1
M02. GE
D-2
C12.CL
"CARRIED"
Jim McMillen, Vice President, Canadian National Exhibition Association,
advising Council that the Canadian National Exhibition will be
celebrating their 128th Anniversary in 2006. The CNE Garden Show
located in Heritage Court continues to be a highlight of the annual fair.
Mr. McMillen would like to invite the Municipality of Clarington to
participate with them by providing a feature garden.
(Correspondence referred to the Directors of
Operations)
Walter Zutell, advising Council that he is resigning from the Clarington
Accessibility Advisory Committee.
(Thanked Mr. Zutell for his work and
correspondence referred to the Municipal
Clerk)
Council Meeting Minutes
-15-
December 12, 2005
COMMUNICATIONS
D-3
C10.MO
C02. GE
D-4
M02. GE
D-6
T08.GE
D - 11
P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on November 9, 2005, passed the following
resolution regarding Proposed International Marketing Program:
"THAT Report #2005-A-54 of the Commissioner of Economic
Development and Tourism be received for information;
THAT Report #2005-A-54 be circulated to the local municipal Councils,
the University of Ontario Institute of Technology, business associations
in Durham Region and the Greater Toronto Marketing Alliance for
comment; and
THAT following receipt of comments, a report be brought back to the
Finance & Administration Committee meeting of December 7,2005, with
a final recommended 2006 International marketing program."
(Correspondence referred to the Chief
Administrative Officer)
David Staples, Chairman, Newcastle Sesquicentennial Celebration,
requesting Council's permission to hold the Newcastle Sesquicentennial
Celebration parade on Friday, June 30, 2006, at 7:30 p.m.
(Approved provided organizer's apply for and
obtain a road occupancy permit)
Roxy Barnes, advising Council of her concerns pertaining to the
intersection at Holt and Baseline Roads and requesting improvements at
this intersection to help make it safer. There are constant accidents at
this corner and currently there is a huge clean up due to a spill of 19,000
litres of diesel fuel because someone went through the stop sign.
(Correspondence referred to the Director of
Engineering Services)
Michael Coleman, President, Federation of Canadian Municipalities,
(FCM), inviting Council to apply for the FCM-CH2M HILL Sustainable
Community Awards. Awards submission must be received by
January 16, 2006. They encourage communities with innovative
projects in the following categories to apply: buildings, fleet
management, renewable energy, solid waste, sustainable community
planning, sustainable transportation, wastewater and water.
(Correspondence referred to the Chief
Administrative Officer)
Council Meeting Minutes
-16-
December 12, 2005
COMMUNICATIONS
D-5
T08.GE
Greg Chaffey, requesting Council to reduce the speed limit from 80 km
to 60 km on Highway 2 in the area of Payne's Crescent beyond the
eastern side of Payne's Crescent. He suggests that the speed limit be
reduced to 50 km from the west side of Newtonville to the eastern side
of Payne's Crescent. Mr. Chaffey is also requesting the installation of
street lights (approximately 7) be installed from the existing location to
the eastern side of Payne's Crescent. There are a number of safety
concerns that would be addressed if these requests were granted.
Resolution #C-557 -05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Correspondence Item D - 5 be referred to the Director of Engineering Services
and to the Clarington Traffic Management Advisory Committee.
D-7
C10.MO
C06.CL
"CARRIED"
Pat M. Madill, Regional Clerk, Region of Durham, advising Council that
the Region of Durham on November 30, 2005, passed the following
resolution:
"a) THAT the existing agriculture farm Balewrap Program be
extended at the Region's waste facility in Port Perry;
b ) THAT the agriculture farm Balewrap Program be expanded to
include the Region's waste facilities in Oshawa and in Brock
Township starting in 2006;
c) THAT the Minister of the Environment be requested to consider
including agriculture farm balewrap as another candidate for a
return to vendor stewardship program under the Waste Diversion
Act; and
d) THAT a copy of Report No. 2005-WR-26 of the Commissioner of
Works be forwarded to the following organizations:
i) Durham Agricultural Advisory Committee;
ii) Ontario Federation of Agriculture; and
iii) All Area Municipalities within the Region of Durham with a
request that they actively promote the agriculture Balewrap
Program within their organization or community."
Council Meeting Minutes
-17-
December 12, 2005
COMMUNICATIONS
Resolution #C-558-05
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Region of Durham regarding the Balewrap Program be
endorsed by the Council of the Municipality of Clarington.
"CARRIED"
D-8
M01. GE
Dave Perkins, 2005-06 National President, Kin Canada, requesting
Council to support their annual 'Message-of-Support' campaign so that
their members can continue to provide assistance to the many groups,
organizations and individuals that rely on them. These "thank you"
message give people the opportunity to express their appreciation to Kin
members who have raised funds and donated countless hours to serve
the needs of fellow Canadians and the communities they call home.
Resolution #C-559-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT the Municipality of Clarington purchase a 1/12 page "Message-of-Support" at a
cost of $250.00.
"CARRIED"
D-9
C10.MO
F22. GE
Township of South Algonquin, advising Council that the Township of
South Algonquin on November 3, 2005, passed the following resolution:
"WHEREAS municipalities in Ontario are strapped with a Current Value
Assessment (CVA) system that has created outrageous spikes in
assessment, some over 100% and these unprecedented hikes in
assessment will translate into corresponding increases in taxes for the
portion of assessment that is in excess of the average increase in any
given municipality;
WHEREAS municipalities are at a loss to adequately analyze the full
impact of the new property assessments by only receiving the new
Assessment Roll in mid-December while the majority of the 2006
assessments are in the hands of ratepayers by mid-October;
Council Meeting Minutes
-18-
December 12, 2005
COMMUNICATIONS
WHEREAS the criterion of realty sales for establishing new
assessments each year is very volatile; very frivolous; very unfair and
very unpredictable and there is no correlation between the severe tax
increases generated by many of these assessments and the provision of
municipal services which remain virtually unchanged from year to year;
WHEREAS the Provincial Government froze the 2004 Assessment Roll
for the 2005 taxation year in response to cries of outrage stemming from
a flawed Current Value Assessment system, yet the proposed
Assessment Roll for the 2006 taxation year will create even more
hardship than that generated at the time of the freeze;
WHEREAS Ontario's municipalities deserve immediate, as well as long
term relief from a "broken" assessment system that is failing all areas of
this province;
THEREFORE BE IT RESOLVED that Provincial Ombudsman Andre
Marin, who has launched a full investigation into the Current Value
Assessment system and the Municipal Property Assessment
Corporation, be urged to recommend to Premier Dalton McGunity an
immediate short term solution whereby the 2005 moratorium on
assessment increases would be extended through the 2006 taxation
year. This "freeze" would also allow more time for MPAC to replace their
30-year old computer system for a new Integrated Property System that
is scheduled for implementation before the end of 2006;
BE IT ALSO RESOLVED that both Ombudsman Andre Marin and
Premier Dalton McGuinty recognize that the Provincial Government
should undertake a systemic review of CVA during the 2006 moratorium
period in order to develop and implement a more equitable; a more
stable, and a more transparent assessment system;
BE IT FINALLY RESOLVED that all 445 municipalities as well as AM.O.
and RO.M.A receive this resolution and be requested to endorse it as
soon as possible and forward a copy of their endorsement to
Ombudsman Andre Marin and Premier Dalton McGuinty."
Council Meeting Minutes
-19-
December 12, 2005
COMMUNICATIONS
Resolution #C-560-05
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the resolution from the Township of South Algonquin regarding the Municipal
Property Assessment Corporation be endorsed by the Council of the Municipality of
Clarington.
"MOTION LOST"
(SEE FOLLOWING MOTION)
D - 10
C10.MO
F22. GE
Karen Landry, Clerk, Town of Halton Hills, advising Council that the
Town of Halton Hills on November 28,2005, passed the following
resolution:
"WHEREAS on October 17,2005, the Ombudsman for Ontario
announced an investigation into whether the Municipal Property
Assessment Corporation (MPAC) valuing of properties is fair and
transparent;
AND WHEREAS on October 18, 2004, the Municipal Property
Assessment Corporation stated it is willing to work with the Ombudsman
for Ontario to identify and deal with any issues or concerns regarding the
assessment process;
AND WHEREAS the Council for the Town of Halton Hills is on record as
having concerns regarding the accuracy, fairness, and transparency of
the assessment process;
AND WHERESAS the Council for the Town of Halton Hills has received
numerous comments, complaints and concerns from residents including
many seniors on fixed incomes, within the municipality regarding the
fairness of the assessment of their properties and their ability to pay their
property taxes due to dramatic increases in the assessment values of
their properties;
AND WHEREAS Halton Hills is recognized as a very diverse community
of urban, industrial, rural residential (including hamlets), agriculture.
These same residents may face restrictive measures such as Niagara
Escarpment, three Conservation Agency Guidelines and the new Green
Belt policy;
Council Meeting Minutes
-20-
December 12, 2005
COMMUNICATIONS
AND WHEREAS the Council for the Town of Halton Hills and Regional
Municipality of Halton are on record as being willing to be part of a pilot
project to test other models sources for the delivery of property
assessment services;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of
Halton Hills fully supports the efforts of the Ombudsman of Ontario in the
review of the fairness and transparency of the property assessment
system as administered by the Municipal Property Assessment
Corporation;
AND FURTHER THAT the Town forward a letter to the Office of the
Ombudsman of Ontario indicating its support for the investigation into
the fairness and transparency of the valuation of properties by the
Municipal Property Assessment Corporation;
AND FURTHER THAT a copy of this resolution be forwarded to all other
municipalities in the Province of Ontario asking that they also indicate
their support for the investigation into fairness and transparency of the
valuation of properties by the Municipal Property Assessment
Corporation;
AND FURTHER THAT a copy of this resolution be forwarded to the
Premier of Ontario, the Minister of Municipal Affairs and Housing, local
Members of the Provincial Parliament (MPP), the Municipal Property
Assessment Corporation (MPAC), and the Association of the
Municipalities of Ontario (AMO)."
Resolution #C-561-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Correspondence Items D - 9 and D - 10 be received for information.
"CARRIED"
Council Meeting Minutes
-21-
December 12, 2005
NOTICE OF MOTION
Resolution #C-562-05
Moved by Councillor Schell, seconded by Councillor Trim
WHEREAS the Council of the Municipality of Clarington, as a Veridian
Shareholder, is interested in providing the opportunity for all Clarington residents
to receive consistent hydro services from Veridian Corporation;
WHEREAS the Council of the Municipality of Clarington has received numerous
complaints relating to service reliability and inequitable electricity distribution rates
within the Hydro One area of Clarington, resulting in requests from residents and
businesses for the Council to assist in permitting an opportunity for hydro services
to be provided by Veridian Corporation;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington
hereby requests the Ontario Energy Board, the Minister of Energy and the
Premier of Ontario to undertake any action necessary to permit the service area
of Hydro One within the Municipality of Clarington to be made available at a
reasonable cost, to Veridian Corporation, as soon as possible; and
THAT Veridian Corporation and its Municipal Shareholders be advised of
Council's decision.
"CARRIED"
REPORTS
Report #1 - General Purpose and Administration Committee Report -
December 5, 2005
Resolution #C-563-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee Report of December 5,
2005, be amended in Item #14 to include Joanne Whiteman and to forward the
appropriate by-law to Council; and
THAT the General Purpose and Administration Committee Report of December 5,
2005, be approved as amended, with the exception of Item #3.
"CARRIED"
Councillor Foster stated a pecuniary interest pertaining to Item #3 of Report #1,
vacated his seat and refrained from discussion and voting on the matter. Councillor
Foster's wife works at Newtonville United Church.
Council Meeting Minutes
-22-
December 12, 2005
REPORTS
Item #3 of Report #1 - Rezoning to Permit the Severance of the Existing Manse from
Newtonville United Church, Owner: Trustees of the
Newtonville/Shiloh/Kendal Pastoral Charge
Resolution #C-564-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report P S D-141-05 be received;
THAT the rezoning proposal for the severance of the existing manse from the
Newtonville United Church be referred back to staff for further processing and
preparation of a subsequent report; and
THAT all interested parties listed in Report PSD-141-05 and any delegations be
advised of Council's decision.
"CARRIED"
Report #4 - Report CLD-049-05 - 2006 Accessibility Plan in Accordance with the
Ontarians with Disabilities Act
Resolution #C-565-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report CLD-049-05 be received;
THAT the 2006 Accessibility Plan attached as Schedule A to Report CLD-049-05 be
adopted in accordance with the Ontarians With Disabilities Act; and
THAT the Accessibility Advisory Committee be thanked for their ongoing commitment
and work.
"CARRIED"
Report #5 - Report COD-065-05 - Pay Equity Plan Review
Resolution #C-566-05
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT Report COD-065-05 be received;
Council Meeting Minutes
-23-
December 12, 2005
REPORTS
THAT the Chief Administrative Officer be authorized to undertake an independent
review of the Municipality's existing Pay Equity Plan (McDowell Plan) for applicability
to today's work environment with a report back to Council;
THAT the funding for the independent review be included in the 2006 Administration
Budget;
THAT future reviews of Pay Equity questionnaires, except those positions identified in
Report COD-54-05 which were referred back for reconsideration by the Pay Equity
Committee, be suspended until the completion of the independent review and report
to Council;
THAT CUPE local 74 President, and the Members the Union Pay Equity Committee
be advised of Council's actions respecting the Union Pay Equity Plan review and the
Chief Administrative Officer's intention to advise the Union of the consultant's
recommendations upon completion of the review;
THAT the Members of the Non-Affiliated Pay Equity Committee be advised of
Council's actions respecting the Non-Affiliated Pay Equity Plan review, and the Chief
Administrative Officer's intention to review the recommendations of the review with the
Committee upon its completion; and
THAT, as the Municipality is the recognized employer for Library Pay Equity purposes,
the Library Board be advised of Council's decision.
"CARRIED"
Report #6 - Report PSD-138-05 - GTA Task Force on OMB Reform
Resolution #C-567 -05
Moved by Councillor Schell, seconded by Councillor Robinson
WHEREAS the Ontario Municipal Board was created to resolve municipal land use
issues at a time when municipal governments were small and had limited planning
expertise;
AND WHEREAS the role and mandate of the Ontario Municipal Board have not been
significantly altered in response to increased municipal planning skills or expanded
municipal responsibilities for land use planning responsibilities for land use planning
under the Planning Act;
AND WHEREAS the Ontario Municipal Board has broad planning powers and can
make decisions in the absence of a full municipal review of a planning application and
can overturn local planning decisions;
Council Meeting Minutes
-24-
December 12, 2005
REPORTS
AND WHEREAS Ontario Municipalities invest significant resources in staff time, legal
and other associated costs in establishing and implementing local planning policy;
AND WHEREAS there is growing concern from municipalities and citizens that the
decisions of the Ontario Municipal Board are eroding local planning authority;
AND WHEREAS there have been numerous Council Resolutions, municipal reports
and reports from planning professionals and academics advocating reform of the
Ontario Municipal Board;
AND WHEREAS the GTA Task Force on OMB Reform, an informed group of
municipal representatives and staff, after study and consultation, made practical
recommendations for improvements to the planning appeal process;
AND WHEREAS the Ontario Government has indicated their intention to introduce
legislation enacting significant reforms to the OMB and the planning appeal process in
the Fall 2005 session of the Legislature;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington generally endorses the recommendations of the Report of the GTA Task
Force on OMB Reform dated March 7,2003 with the modifications with respect to
Improvement Area 4 identified in Report PSD-098-03;
THAT the Government of Ontario clarify by legislation the adverse impact of the
Clergy Properties decision of the OMB as outlined in Report PSD-1 06-04;
THAT the Government of Ontario take appropriate steps to ensure public confidence
in the OMB as an appellate tribunal as outlined in Report PSD-1 06-04;
THAT the Government of Ontario take all steps possible to limit the length and
expense of hearings;
AND FURTHER BE IT RESOLVED THAT this resolution be circulated to the Attorney
General, the Minister of Municipal Affairs and Housing, local MPPs and the Chair of
the GTA Task Force on OMB Reform.
"CARRIED"
Council Meeting Minutes
-25-
December 12, 2005
REPORTS
Report #7 - Confidential Report PSD-149-05 - Property Matter
Report #10 - Confidential Report PSD-150-05 - Property Matter
Report #11 - Confidential Report PSD-151-05 - Property Matter
Report #12 - Confidential Verbal Report of the Solicitor - Legal Matters
Resolution #C-568-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Confidential Reports PSD-149-05, PSD-150-05, PSD-151-05 and the
Confidential Verbal Report of the Solicitor be referred to the end of the agenda to be
considered during a "closed" session of Council.
"CARRIED"
Report #8 - Report CLD-051-05 - Appointment of Municipal Law Enforcement
Officers
Resolution #C-569-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report CLD-051-05 be received;
THAT the by-laws attached to Report CLD-051-05 to appoint Municipal Law
Enforcement Officers be approved; and
THAT Paul Shcherbak, Tim Calhoun, Steven Valk, Peter Lomax and Ron Klosinski be
advised of Council's decision.
"CARRIED"
OTHER BUSINESS
Councillor Schell, as Chair of the Central Lake Ontario Conservation Authority,
presented Mayor Mutton the 2005 Watershed Award for the Municipality of
Clarington's ongoing support of the Groundwater Festival.
Councillor Trim advised that the 150th Anniversary celebrations for the Village of
Newcastle are moving along very well. He advised that a Beard Growing Contest
will occur on Friday, June 9,2006 and that the annual Polar Bear Dip will be held
on January 1, 2006, at Bondhead. He also noted that the Mayor's Levee will be
held on January 15, 2006, at the Newcastle Community Hall at 12:30 p.m.
Council Meeting Minutes
-26-
December 12, 2005
OTHER BUSINESS
Resolution #C-570-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Council recess for five minutes after which time the meeting be "closed" to
consider Confidential Reports PSD-149-05, PSD-150-05, PSD-151-05 and the
Confidential Verbal Report of the Solicitor.
"CARRIED"
Councillor Pingle stated a pecuniary interest during the "closed" session and
refrained from voting on the following resolution.
Resolution #C-571-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
Resolution #C-572-05
Moved by Councillor Trim, seconded by Councillor Robinson
WHEREAS the Ontario Heritage Trust considers the Wallbridge House to be of
provincial cultural heritage value in its present location;
AND WHEREAS the Clarington LACAC and the Newcastle Village and District
Historical Society consider the Wallbridge House to be of cultural heritage value;
AND WHEREAS the property owner has indicated that they are willing to donate
the building to the Municipality, or are willing to sell the property to the
Municipality, and are proposing to obtain a demolition permit if the building is not
moved or the property is not sold;
AND WHEREAS initiation of the heritage designation process under the Ontario
Heritage Act will allow time for negotiation with the developer;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of
Clarington authorizes the Clerk to prepare the notice of intention to designate
pursuant to the provisions of the Ontario Heritage Act and report back to Council
following the prescribed notification period;
Council Meeting Minutes
-27-
December 12, 2005
OTHER BUSINESS
AND FURTHER that Planning staff be directed to prepare a feasibility study for
municipal use of the Wall bridge House and consult with the stakeholder groups
and interested parties and report back to Council.
"CARRIED"
BY-LAWS
Resolution #C-573-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2005-231 to 2005-256, inclusive and that
the said by-laws be now read a first and second time:
2005-231 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington (Moolco
Investments Incorporated)
2005-232 Being a by-law to exempt certain portions of Registered Plan 40M-2265
(Maple Woods Land Corporation)
2005-233 Being a by-law to adopt Amendment No. 47 to the Clarington Official Plan
(WED Investments Limited (The Kaitlin Group Ltd.))
2005-234 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington (WED Investments
Limited (The Kaitlin Group Ltd.))
2005-235 Being a by-law to authorize entering into an agreement with the Owners of
Plan of Subdivision 18T -90051 any Mortgagee who has an interest in the
said Lands, and the Corporation of the Municipality of Clarington in respect
of 18T -90051 (WED Investments Limited (The Kaitlin Group Ltd.))
2005-236 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
2005-237 Being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and the Corporation of the City of Pickering, to
enter into agreement for the services for the feed, care and sheltering of
animals from the City of Pickering on an interim basis
2005-238 Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Julie Amanda Gibson
Council Meeting Minutes
BY-LAWS
2005-239
2005-240
2005-241
2005-242
2005-243
2005-244
2005-245
2005-246
2005-247
2005-248
2005-249
2005-250
2005-251
2005-252
-28-
December 12, 2005
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Moustapha Elhassani
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Bob Genosko
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Larry Postill
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Mike Bourke
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Glen Duncan
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Mike Williams
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Gary Somoygi
Being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and All Services Inc., Oshawa, Ontario, to enter
into agreement for the Alexander Boulevard Retaining Wall and Soper Court
Staircase Repair, Bowmanville
Being a by-law to appoint a Municipal Law Enforcement Officer -
Ron Kloskinski
Being a by-law to appoint a Municipal Law Enforcement Officer -
Steven Valk
Being a by-law to appoint a Municipal Law Enforcement Officer -
Peter Lomax
Being a by-law to appoint a Municipal Law Enforcement Officer -
Tim Calhoun
Being a by-law to appoint a Municipal Law Enforcement Officer -
Paul Shcherbak
Being a by-law to amend By-law 96-136 and to repeal By-law 2003-189
Council Meeting Minutes
BY-LAWS
2005-253
2005-254
2005-255
2005-256
-29-
December 12, 2005
Being a by-law to authorize the Municipality of Clarington and the Ministry of
Transportation to enter into an agreement to purchase the former Ministry of
Transportation Picnic Area located at Highway NO.2 and Morgans Road
being a by-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and Scott Winston Lumley, in
respect to the purchase of 157 Port Darlington Road, Bowmanville, Ontario
and being more particularly described as Part of Unnumbered Lot 7, Smart
Estate Plan being Plan H50073, former Township of Darlington and later the
Town of Bowmanville and Town of Newcastle, now Municipality of
Clarington, Regional Municipality of Durham
being a by-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and Robin Duetta and Tracy
Duetta, in respect to the purchase of 11 Boulton Street, Newcastle, Ontario
and being more particularly described as Part Lot 2, Block T C.G. Hanning's
Plan, former Village of Newcastle, Municipality of Clarington, Regional
Municipality of Durham
Being a by-law to appoint individuals as Parking Enforcement Officers for
Private Property - Joanne Whiteman
"CARRIED"
Resolution #C-574-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2005-231 to 2005-256, inclusive, be
approved.
"CARRIED"
.
.
.
Council Meeting Minutes
-30-
December 12, 2005
CONFIRMING BY-LAW
Councillors Foster and Pingle stated pecuniary interests earlier in the meeting and
refrained from discussion and voting on the confirming by-law.
Resolution #C-575-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT leave be granted to introduce By-law 2005-257 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
12th day of December, 2005, and that the said by-law be now read a first and second
time.
"CARRIED"
Resolution #C-576-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the third and final reading of By-law 2005-257 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-577 -05
Moved by Councillor Foster, seconded by Councillor Pingle
THAT the meeting adjourn at 9:20 p.m.
"CARRIED"
I /' /, j / j
, ///l!tL~_______
MA OR