Loading...
HomeMy WebLinkAbout01/19/2004 =- - .- ~ --..c Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON January 19, 2004 Minutes of a regular meeting of Council held on January 19, 2004, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 9:00 p.m.) Director of Community Services, J. Caruana (attended until 9:00 p.m.) Director of Emergency Services/Fire Chief, M. Creighton (attended until 9:00 p.m.) Director of Planning Services, D. Crome (attended until 9:36 p.m.) Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 9:00 p.m.) Director of Corporate Services, M. Marano (attended until 9:00 p.m.) Director of Finance/Treasurer, N. Taylor (attended until 9:00 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 9:00 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Trim indicated that he would be disclosing a pecuniary interest with respect to Correspondence Item D - 1 and Report #4. . . . Council Minutes MINUTES PRESENTATIONS DELEGATIONS -2- January 19, 2004 Resolution #C-001-04 Moved by Councillor Foster, seconded by Councillor Pingle THAT the minutes of a regular meeting of Council held on December 15, 2003, be approved. "CARRIED" Mayor Mutton presented Councillor Schell with a certificate acknowledging his retirement from St. Marys Cement. Mayor Mutton presented plaques to the following Members of the Sports Hall of Fame Committee in recognition of their hard work in bringing the inaugural Sports Hall of Fame even together: Gail Preston Seth "Snuffy" Hunt Skip Crosby Ray Bester Brad Kelly Bill Humber also receiving a plaque but was unable to attend tonight's meeting. Glen Turpin appeared on behalf of Rob Taylor, 193 Sandringham Drive, Courtice, L 1 E 2A3, providing Council with an update on OVERT. Mr. Turpin noted that OVERT has been based in Durham Region for 12 years and over the past years the organization has developed intensively. The group includes 160 members including emergency services personnel. Over the past year 6700 man- hours have been worked in the Durham Region on various causes including SARS, search and rescues and special events. Their first official mandate for the Durham Regional Police Department was in 1996 and their mandate is to be fully integrated with emergency services but not to duplicate any services. The team is broken down into medical response team, canine unit, marine unit and logistical support. Mr. Turpin thanked Council for their assistance over the past years. . Council Minutes DELEGATIONS . . - 3 - January 19, 2004 Peter Jobe, Fire Prevention Advisor, Office of the Fire Marshal, 2284 Nursery Road, Midhurst, LOL 1XO, appeared before Council to present the Municipality of Clarington with a Certificate of Compliance for fire prevention. The new Fire Protection Act established in 1997 defines new duties and responsibilities of the Ontario Fire Marshal. The Act ensures that municipalities are meeting the public's basic needs. The survey which was completed established that the Clarington Emergency Services Department is a well managed department. Fire inspections are done on a routine basis, door to door safety campaigns are undertaken, they are an active member of the Public Safety Council, they have undertaken the Master Fire Plan, on going risk assessment, residential home inspections, and they have partnerships to deliver public information programs. Clarington was surveyed as a very progressive and participatory department. Linda Gasser, P.O. Box 399, 7421 Best Road, Orono, LOB 1 MO, appeared before Council to address Report PSD-008-04 and three key issues related to Stewardship Initiatives as follows: . Privately owned lands; · Parkland dedication for development applications; and · Environmental Advisory Committees. The vast majority of environmentally sensitive areas and natural heritage features in the municipality are in private ownership. The Municipality has a key role to play in connecting private landowners with the numerous organizations who are willing to provide funding. The Municipality must be more consistent in requiring that parklands be conveyed by developers to either the Municipality or the Conservation Authority as applications come up for approval. There are several individuals who should have been identified as parties interested in the Environmental Advisory Committee issue and advised that a report was being written. Ms. Gasser noted to Council how beneficial an Environmental Advisory Committee would be for staff and Council. Susan Daniel, York Region Printing, 1183 Ringwell Drive, Newmarket, L3Y 7V1, appeared before Council regarding Report COD-044-03. Ms. Daniel noted that York Region Printing has been in business for 40 years and that they are an integrated company with good service. They submitted their best prices on RFP-2003-14 and now hope Council will adopt the recommendations contained in the report. . . . Council Minutes DELEGATIONS COMMUNICATIONS I - 1 C06.GA 1-2 T05.HW -4- January 19, 2004 Alice Thom, 56 Monck Street, Kendal, LOA 1 EO, was called but was not present. Resolution #C-002-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the meeting be "closed" to consider Confidential Report CLD-01-04 pertaining to a personnel matter. "CARRIED" Resolution #C-003-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-004-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT the communications to be received for information, be approved with the exception of Item I - 5. "CARRIED" Minutes of the Ganaraska Region Conservation Authority meeting dated December 11, 2003. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of The Honourable Harinder Takhar, Minister of Transportation, reply regarding Highway 407 being a key priority and that the Scugog Council resolution concerning the eastward extension of Highway 407 will be considered as the Highway 407 East Completion Project is reviewed. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-3 A01.FE 1-4 E05.GE 1-6 C10.MO - 5 - January 19, 2004 Yves Ducharme, President, Federation of Canadian Municipalities, requesting Mayor Mutton to call or meet with the local Members of Parliament during the week of December 9 regarding Paul Martin's commitment to a New Deal for Canadian cities, towns and villages. The Federation of Canadian Municipalities is looking for progress on four key points: The appointment of a senior minister; a cabinet committee to spearhead change; a clear commitment to the New Deal in the upcoming Speech from the Throne; and action of the fiscal plan in the Spring Budget. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of the Minister of the Environment's letter regarding Public Health and Safe Drinking Water. Minister Dombrowsky makes several commitments, including the establishment of an Expert Scientific Panel and a Sound-Sorb web link that will help all interested parties keep up-to-date on the latest Sound-Sorb information. The Minister adds that the Ministry is continuing to undertake additional testing and studies to further ensure there are no adverse effects associated with materials containing paper fibre biosolids. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on December 17, 2003, passed the following resolution: "a) THAT a 2004 Interim Regional Tax Levy be imposed on the Area Municipalities for all property tax classes; b) THAT the amount due from each Area Municipality be equivalent to 50% of their respective share of the Regional Taxes collected in 2003; c) THAT the 2004 Interim Regional Tax Levy be paid by the Area Municipalities seven days subsequent to the installment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; . . . Council Minutes COMMUNICATIONS 1-7 C10.MO 1-8 E05.GE 1- 9 E05.GE - 6 - January 19, 2004 d) THAT the Regional Clerk be requested to advise the Area Municipalities of the imposition of the 2004 Interim Regional Tax Levy for all property tax classes; and e) THAT the requisite by-law be approved." (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on December 17, 2003, passed the following resolution: "a) THAT the resolution of the Municipality of Clarington regarding a Public Inquiry into the Ministry of Environment be endorsed; and b) THAT the Municipality of Clarington, the Premier of Ontario, the Minister of the Environment, Durham Region's MPP's, all municipalities within the Region of Durham and Protect the Ridges, be so advised." (Received for Information) John Stephenson, writing to Linda Keene, President and CEO, Canadian Nuclear Safety Commission, asking that radon-222 and its daughters be excluded from Regulation 19 g (ii) of the Consolidated Regulations under the Canadian Environmental Assessment Act. Recent calculations of the inventory of radio- nuclides at the Port Granby Low-Level Radioactive Waste Management Facility (LLRWMF), by the proponent of the project to build a waste storage facility at Port Granby to hold the waste for a period of at least 500 years, exclude radon and its daughters with T1/2>1 year, based on the exclusion in clause 19 g (ii) B of the Canadian Environmental Assessment Act regulations. (Received for Information) John Stephenson, writing to The Honourable David Anderson, Federal Minister of the Environment, providing him with a copy of a letter from Dr. Peter Brown, Director of the Uranium and Radioactive Waste Division of NRCan. Mr. Stephenson believes that Dr. Brown is incorrect when he claims that the option to excavate the wastes stored at Port Granby and move them to a new location, is an 'alternate means' of carrying out the project. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-10 M05.GE I - 11 C12.CA 1- 12 C06.CL 1- 13 C06.AC 1- 14 D02.GE 1-15 E07.RA - 7 - January 19, 2004 Betty Irving, Committee Co-Chair, Bowmanville Santa Claus Parade, thanking Council and staff for all their support this year. (Received for Information) Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of Pickering appointed Mayor David Ryan to the Canadian Association of Nuclear Host Communities for a term to expire on November 30, 2006. Councillor Mark Holland was appointed as the Mayor's alternate for the same term. (Received for Information) Minutes of the Clarington Public Library meeting dated November 26, 2003. (Received for Information) Minutes of the Clarington Accessibility Advisory Committee meeting dated December 4, 2003. (Received for Information) Greg Sorbara, MPP, Vaughan-King-Aurora, advising Council that he is looking forward to working together to inspire a new generation of economic growth in Ontario, strengthen public education, improve health care, grow vibrant communities, protect the environment and ensure that the magnificent cultural diversity is reflected. (Received for Information) G. Glenn Case, Director, Port Hope Area Initiative, Low-Level Radioactive Waste Management, responding to John Stephenson's letter dated November 14, 2003. Mr. Case notes that they appreciate Mr. Stephenson's compliments on the exhibits and staffing at Expo 03. The geology and groundwater presentation prepared for Expo 03 was based on a working draft report and was intended to provide a good general overview of the kind of studies being carried out for the Environmental Assessment. The results were preliminary and may need some corrections. Mr. Stephenson's example of information on the elevation of the Middle Till in the vicinity of the East Gorge will be checked very carefully. (Received for Information) . Council Minutes COMMUNICATIONS 1- 16 A01.FE . 1- 17 M06.GE . - 8 - January 19, 2004 Federation of Canadian Municipalities, providing Council with the following points should Council be requested to comment on the new federal team: . Swearing in of Paul Martin as Canada's 2151 Prime Minister is good news for Canada's municipalities; The new Prime Minister has demonstrated his strong commitment to a New Deal for municipalities by naming John Godfrey as Parliamentary Secretary to the Prime Minister with special emphasis on cities; This makes the New Deal a Prime Ministerial responsibility and speaks to the Prime Minister's deep commitment to Canada's municipalities. With the Prime Minister's backing, Mr. Godfrey will have the clout needed to lead the process effectively; They are also encouraged by the appointment of Andy Scott as Minister of State for Infrastructure. This demonstrates the Prime Minister's strong commitment to dealing with Canada's growing infrastructure deficit, a problem that affects both the quality of life and productivity; Delivering the New Deal will require a high degree of cooperation and coordination - and patient negotiation - among federal and provincial/territorial/municipal governments. . . . . (Received for Information) Association of Municipalities of Ontario, advising Council that the one-year moratorium on certain water taking permits and the next phase in the preparation of a source protection framework has been announced. The moratorium prohibits the issuance of new or expanding permits for: . Beverage manufacturing, including the manufacturing or production of bottled water or water in other containers; Fruit or vegetable canning or pickling; Ready-mix concrete manufacturing; Aggregate processing where the aggregate and the water taken are incorporated into a product in the form of a slurry; and The manufacturing or production of products where more than a total of 50,000 litres of the water that is taken, is or will be incorporated into a product on any day in the normal course of manufacturing or producing the product. . . . . . Council Minutes - 9- January 19, 2004 COMMUNICATIONS The moratorium would not apply to: . Water taken for agricultural purposes, including aquaculture, nurseries, tree farms and sod farms; · Water taken for municipal water supplies or sewage treatment plants; . Dewatering of pits and quarries, and aggregate washing; · Renewals of existing permits for the same volume from the same location and for the same purpose; · Existing permits to take water. However, the amount of water a permit holder may take will be frozen at the current amount of water being taken. Therefore, permits that allow for an increase for future water takings will be revoked and new permits will be issued to implement the freeze. (Received for Information) . 1-18 SOO.GE John Gerretsen, Minister of Municipal Affairs, Minister Responsible for Housing, Minister Responsible for Seniors, advising Council that their application for financial assistance under the Ontario government's Severe Acute Respiratory Syndrome (SARS) Municipal Assistance Program has been approved. In recognition of the costs incurred by the municipality, the Province will make an electronic payment of $485.63. (Received for Information) 1-19 F11.GE Greg Sorbara, Minister of Finance and John Gerretsen, Minister of Municipal Affairs, announcing the release of the 2004 Community Reinvestment Fund (CRF) allocations. The McGuinty government is providing $618 million to municipalities through the 2004 CRF, including continuation of the $12 million Stabilization Bonus. This is an increase of $24 million over grants announced for 2003. Continuation of the Stabilization Bonus will ensure that municipalities' 2004 CRF funding is at least at the same level as their 2003 funding. Municipalities will also receive $50 million in CRF adjustment payments for 2002 program costs and updated 2003 payments. Staff will receive additional information on Clarington's 2004 CRF allocation shortly. (Received for Information) . 1-20 C06.NE Minutes of the Newcastle Village Business Improvement Association meeting dated December 9, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-21 C06.NE 1- 22 E05.GE 1-23 L 11.GE 1-5 C10.MO - 10- January 19, 2004 Minutes of the Newcastle Community Hall Board meeting dated December 16, 2003. (Received for Information) Barbara Mullally Pauly, Senior Chief, Housing Programs, Office of Energy Efficiency, Natural Resources Canada, providing Council with a brochure about the EnerGuide for Houses service and grants. (Received for Information) John Gerretsen, Minister of Municipal Affairs, writing to Council to provide the requirements for reporting under the 2003 Municipal Performance Measurement Program (MPMP). The 2003 MPMP measures remain largely the same as those used for the year 2002. The MPMP Advisory Committee has recommended that the program remain stable for this fourth year while technical committees work to expand the program for the 2004 reporting year. (Received for Information) Nestor Chronobay, Director, Strategic Planning Branch, advising Council that the Durham Regional Planning Committee on December 9, 2003, passed the following resolution regarding the Update on Initiative to Develop a Greater Toronto Area Agricultural Action Plan: "a) THAT Commissioner's Report No. 2003-P-1 05 be received for information; and b) THAT a copy of Commissioner's Report No. 2003-P- 105 be forwarded to the Area Municipalities and the Durham Agricultural Advisory Committee (DAAC) for information." Resolution #C-005-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item 1-5 be copied to the Agricultural Advisory Committee. "CARRIED" . . . Council Minutes COMMUNICATIONS D-4 M02.GE D -12 - 11 - January 19, 2004 Correspondence Item D - 12 was circulated as a handout. Resolution #C-006-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 1 , D - 3 and D - 5 to D - 11, inclusive. "CARRIED" Dianne McKenzie, Executive Director, Epilepsy Durham Region, requesting Council to proclaim the month of March 2004 as Epilepsy Awareness Month. Residents in the municipality and across Ontario will be acknowledging their organization by wearing lavender ribbons to show their commitment to improving the quality of life for those living with a seizure disorder. (Proclaimed) Irv Harrell, advising Council that the most critical component of Private Land Stewardship is missing from Report CSD-01- 04. Private Land Holdings are the largest land mass within the Municipality of Clarington and unfortunately in the report is totally ignored. Private Land Stewardship is the future of Environmental Protection. Mr. Harrell is requesting that the following resolution be passed by Council: "THAT the Manager of Special Projects continue to investigate potential Stewardship Initiatives and partnerships with land owners and community groups and report to Council on further actions that have or could be undertaken." (Correspondence referred to Item #10 of Report #1) Councillor Trim stated a pecuniary interest pertaining to Correspondence Item D - 1 , vacated his seat and refrained from discussion and voting on the matter. Councillor Trim is a board member of the Orono Masonic Lodge. . . . Council Minutes COMMUNICATIONS D - 1 L07.0R D-2 E05.GE - 12- January 19, 2004 Victor Harrison, Vice President and Senior Warden, Orono Masonic Hall #325, advising Council that they have the opportunity to purchase the Orono Masonic Lodge building prior to it being listed with a real estate agent. Mr. Harrison requests a written reply no later than Wednesday, January 21, 2004. Resolution #C-007-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Mr. Harrison be advised of actions taken with respect to Report PSD-009-04. "CARRIED" Eva Ligeti, Executive Director, The Clean Air Partnership, providing Council with a copy of their 58-page summary of what 10 towns, 1 municipality, 6 cities, 4 regions, 4 federal government departments and 2 provincial ministries are doing to improve air quality in the Greater Toronto Area. They are inviting government leaders to consider the numerous initiatives that are already underway in the GTA to reduce air pollution and improve efficiency. Clarington's support for the GTA - Clean Air Council (GTA-CAC) in working cooperatively to improve the air we breathe is crucial because by sharing ideas and best practices, GTA-CAC members are developing solutions to improve regional air quality, and protect public and environmental health. Ms. Ligetia requests that Council note June 21, 2004, as the 51h annual Smog Summit. Resolution #C-008-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 2 be referred to the Director of Planning and Development. "CARRIED" . . . Council Minutes COMMUNICATIONS D-3 P01.HU D-5 C10.MO - 13- January 19, 2004 John O'Toole, MPP, Durham, writing to The Honourable David Ramsay, Minister of Natural Resources, regarding a letter from Eric Atkins pertaining to hunting issues in Clarington. Mr. Atkins writes of the need to resolve the various jurisdictions (Police, By-law Officers, and Ministry of Natural Resources personnel) who each have responsibilities concerning the enforcement of laws governing hunting. Resolution #C-009-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 3 be referred to the Municipal Clerk. "CARRIED" Kimberley Kitteringham, Deputy City Clerk, City of Oshawa, advising the Regional Municipality of Durham that the City of Oshawa on December 15, 2003, passed the following resolution: "THAT whereas it has been raised at Regional Council that the Town of Whitby has concerns with its level of elected representation on the Council of the Regional Municipality of Durham; AND WHEREAS these concerns may be shared by other municipalities; AND WHEREAS the growing population of the Town of Whitby and the City of Pickering would seem to warrant additional representation on the Regional Council; AND WHEREAS additional seats may allow for the opportunity for changes to the committee system without drastic changes to all committees; AND WHEREAS it would be problematic to reduce the current representation of municipalities within the Council to accommodate this population growth; . . . Council Minutes COMMUNICATIONS D-6 C10.MO - 14- January 19, 2004 AND WHEREAS the Council of the City of Oshawa respects the concerns raised by the Town of Whitby and wishes in a spirit of cooperation to offer a resolve for Regional Council's consideration; THEREFORE BE IT RESOLVED THAT the City of Oshawa supports the addition of two seats to the current representation on the Council of the Regional Municipality of Durham bringing the total of Regional Council representation to 30 plus the Regional Chair, and that these two seats are apportioned one to the Town of Whitby and one to the City of Pickering; THAT the additional seats be added at a time to be chosen by the Regional Council but no later than the end of the current term of Regional Council; THAT the City continue to support the current representation in the City of Oshawa, Municipality of Clarington, Town of Ajax and Townships of Scugog, Uxbridge and Brock; and THAT a copy of this resolution be sent to the Regional Council for immediate consideration and copies be sent to the Councils of our partner municipalities for their information." Resolution #C-01 0-04 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT Correspondence Item D - 5 be received for information. "CARRIED" Martha Rutherford Conrad, Administrator, Clarington Museums and Archives, advising Council that the Clarington Museum Transitional Board on October 22, 2003, passed the following resolution: "THAT the Clarington Museum Transitional Board requests permission from Council to provide a name for the building at 62 Temperance Street." In order to do so they would like to set up a Name Selection Committee. . . . Council Minutes COMMUNICATIONS D-7 A20.GE C06.CL D-8 - 15 - January 19, 2004 Resolution #C-011-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item D - 6 be referred to staff. "CARRIED" Nancy Noel, requesting Council to consider creating a day to honour Dr. Ross Tilley, who served as a plastic surgeon in the RCAF during World Ward II and went on to become a pioneer in reconstructive surgery. It seems a shame that such a great emphasis is placed on sport stars and such little attention to war time heroes. Dr. Tilley went to East Grinstead in England to act as surgeon-in-chief at the Queen Victoria Hospital. The burns that the Battle of Britain airmen suffered were most frequently facial and hand burns. Dr. Tilley was in charge of the Canadian ward and that unit had one of the highest rates of recovery. Following the war, he returned and taught Canada's first undergraduate course in plastic surgery. The burn unit at the Wellesley Hospital in Toronto was named in his honour. Dr. Tilley was awarded the Order of the British Empire, and was also awarded the Order of Canada on April 21,1982. Resolution #C-012-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item D - 7 be referred to the Mayor's office for reply. "CARRIED" Brian W. Knott, City Solicitor/Clerk, City of Sarnia, advising Council that the City of Sarnia on December 15, 2003, passed the following resolution: "THAT Sarnia City Council ask the new McGuinty government to immediately review the current assessment system and to correct a number of the injustices that are occurring and to immediately review the so-called "tax fairness legislation" that is mandating communities to shift the tax burden from multi-residential industrial commercial to residential; and . . . Council Minutes COMMUNICATIONS D-9 F22.GE - 16- January 19, 2004 THAT this resolution be sent to the Association of Municipalities of Ontario, MPAC, the Institute of Municipal Assessors and all Ontario municipalities for endorsement and support." Resolution #C-013-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D - 8 be referred to the Director of Finance/Treasurer. "CARRIED" Brian W. Knott, City Solicitor/Clerk, City of Sarnia, advising Council that the City of Sarnia on December 15,2003, passed the following resolution: "THAT Sarnia City Council request the Minister of Finance to undertake a review of MPAC's role and responsibility with a view, in particular, to improve the quality of assessment service delivered and to improve customer service, and that Caroline Di Cocco, the City's MPP, be provided with a copy of this correspondence with a request for her support; and THAT this resolution be sent to the Association of Municipalities of Ontario, MPAC, the Institute of Municipal Assessors and all Ontario municipalities for endorsement and support." Resolution #C-014-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the resolution from the City of Sarnia regarding MPAC's role and responsibility be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 10 F22.GE D - 11 C06.DU - 17 - January 19, 2004 Carol Grylls, Committee Secretary, Region of Durham, advising Council that the Region of Durham on December 9, 2003, passed the following resolution: 'THAT Report No. 2003-P-1 04 of the Commissioner of Planning be referred to the area municipal councils for confirmation of the appointment of their respective member to the Durham Agricultural Advisory Committee and the Durham Environmental Advisory Committee." Resolution #C-015-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 10 be referred to the Municipal Clerk to place an advertisement in the local newspaper. "CARRIED" Neil Verbeek and Mike Roy, providing Council with a petition containing 42 signatures requesting a change of public meeting time from Monday, January 26,2004 at 9:30 a.m. to an evening time of 7:00 or 7:30 p.m. Many residents work during the day, and as many as possible would like to be able to attend the public meeting forum, which would allow them to give input with the subdivision developer, CLOCA, Council Members and other representatives present at the public meeting. They feel the meaning exchange they hope to have cannot happen at a regular Council meeting. Resolution #C-016-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D - 11 be received; and THAT the lead petitioner be advised that they have four opportunities to address Council prior to the passing of the by-law. "CARRIED" . . . Council Minutes COMMUNICATIONS - 18- January 19, 2004 Resolution #C-017-04 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:02 p.m. NOTICE OF MOTION Resolution #C-018-04 Moved by Councillor Pingle, seconded by Councillor Trim WHEREAS at its meeting held on June 2, 2003, Council adopted a policy to address gate access to municipal open space; AND WHEREAS the policy does not allow for gate access where private properties abut natural open space areas such as valley lands, woodlots or storm water ponds; AND WHEREAS Gate Requests have been received from Mr. James Tower, 105 Galbraith Court and from Ms. Tiffany Recoski, 109 Galbraith Court, to install gates in their fences to allow access to their rear yards with lawn and garden equipment; AND WHEREAS these requests have been denied by the Director of Engineering as they do not meet the requirements outlined in the policy adopted by Council; NOW THEREFORE BE IT RESOLVED THAT the Gate Access to Municipal Open Space policy be waived in these instances as the homeowners do not have access to their back yards except through their houses, provided the gates are constructed in accordance with municipal standards. "CARRIED" . . . Council Minutes REPORTS Report #1 G.P.A. Report Jan. 12,2004 Report PSD-005-04 Greenbelt Protection Act Report CSD-01-04 Coffee Kiosk - 19- January 19, 2004 Resolution #C-019-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of January 12, 2004, be approved with the exception of Item #7, #11 and #16 d). "CARRIED" Resolution #C-020-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report PSD-005-04 be received for information; and THAT the applicants affected be notified. "CARRIED" Resolution #C-021-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CSD-01-04 be received; THAT the Community Services Department extend the Library Coffee Kiosk pilot project for a further six months; and THAT the Clarington Public Library Board be advised of the decision. "CARRIED" . . . Council Minutes REPORTS Appointments Clarington Highway 407 Advisory Committee Report #2 2004 CRF Allocation Report #3 Lease by CLOCA - 20- January 19, 2004 Resolution #C-022-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the following individuals be appointed to represent Ward 2 on the Clarington Highway 407 Advisory Committee; and THAT the appropriate By-law be approved: Fred Biesenthal Johanna deBoer. "CARRIED" Resolution #C-023-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Report FND-001-04 be received; THAT the Province be notified that the Municipality of Clarington intends to use the 2004 CRF allocation for the benefit of taxpayers by using it to offset the tax levy; and THAT the Municipality accepts the terms and conditions set forth by the Ministry of Finance with respect to the CRF allocation. "CARRIED" Resolution #C-024-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Council receive Report EGD-03-04; and THAT Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the First Amending Agreement to the Lease by CLOCA to the Municipality dated January 1, 2000, of the Central Bowmanville Valley Lands, the Forest Lands, Boat Ramp and Associated Lands to provide for two additional rights of renewal of the Lease for five years each exercisable on January 1, 2020 and January 1, 2025, respectively. "CARRIED" . . . Council Minutes REPORTS Report #4 Orono Masonic Lodge Report #5 Various Boards - 21 - January 19, 2004 Councillor Trim stated a pecuniary interest with respect to Report #4, vacated his seat and refrained from discussion and voting on the matter. Councillor Trim is a board member of the Orono Masonic Lodge. Resolution #C-025-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-009-04 be referred back to staff for one week to allow for consultation with the Director of Planning Services. "CARRIED" Resolution #C-026-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Confidential Verbal Report of the Director of Planning Services pertaining a property matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-027-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Report CLD-02-04 be received; THAT the composition of the Clarington Museums and Archives Board be amended and the appropriate by-law be forwarded to Council; THAT the membership of the Clarington Traffic Management Advisory Committee be amended and the revised Constitution attached to Report CLD-02-04 be adopted; and THAT the Terms of Reference of the Clarington Highway 407 Community Advisory Committee be amended as outlined in Report CLD-02-04 and adopted as amended. "CARRIED" . . . Council Minutes - 22- January 19, 2004 UNFINISHED BUSINESS OTHER BUSINESS Boards and Committees Update Resolution #C-028-04 Moved by Councillor Trim, seconded by Councillor Pingle THAT Report COD-044-03 be referred to later in the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-029-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Glen Turpin be thanked for his presentation to Council regarding OVERT. "CARRIED" Resolution #C-030-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Peter Jobe, Fire Prevention Advisor, Office of the Fire Mashal, be thanked for his presentation; and THAT a letter be sent to the Emergency Services Department thanking them for their dedication. "CARRIED" Resolution #C-031-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the delegation of Linda Gasser be referred to the Director of Planning Services. "CARRIED" Councillor Robinson advised Council of a fund raising dance being held on March 6, 2004, at the Kendal Community Centre. . . . Council Minutes - 23 - January 19, 2004 OTHER BUSINESS Regional Update Mayor Mutton advised Council that he attended a retreat last week with the Region of Durham. Discussion took place regarding budgetary pressures, especially services that are directly paid for by the residents. The Regional Budget is starting with a 1.5% increase. He noted pre-1995 most Councils were coming in at 0% increase; now the increases are caused by downloading. At the retreat a presentation pertaining to the new waste system was received. Mayor Mutton noted that Clarington has the highest diversion rate with the new blue box, leaf and yard and green bin waste programs. The Townships of Brock, Scugog and Uxbridge are at a 38% to 39% diversion rate. They also discussed investigating an energy waste facility in the future. The Mayor noted that they all recognize the pressure Clarington is under from downloading. The tax increase needs to be as little as possible without eroding our services. An investment of 1 % per year needs to be made towards the Regional Budget for roads. The Mayor noted an overwhelming response that Regional transit is the way to go. He was encouraged that the City of Oshawa was speaking favourably for downloading the transit system to the Region. He provided an overview of a presentation related to Regional representation. OTHER BUSINESS Resolution #C-032-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT the meeting be "closed" to consider legal matters related to Report COD-44-03. "CARRIED" The meeting reconvened in "open" session at 8:55 p.m. . . . Council Minutes OTHER BUSINESS - 24- January 19, 2004 Resolution #C-033-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report COD-044-03 be lifted from the table. "CARRIED" Resolution #C-034-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Request for Proposal - RFP-2003-14, for Supply and Distribution of the Clarington Community Guide, Victors Guide, Municipal Directory, Annual Report, Annual Report to Citizens, Transit Schedules, Transit Tickets, Post Cards, Customer Services Cards and Planning Brochures be reissued. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nav Interest Absent Councillor Foster X Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Schell X Councillor Trim X Mayor Mutton X Resolution #C-035-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Council recess for five minutes after which time the meeting be "closed" to consider a property matter. "CARRIED" . . . Council Minutes OTHER BUSINESS - 25 - January 19, 2004 Resolution #C-036-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-037-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Procedural By-law 95-55 be suspended to allow for the introduction of a new motion at this time. "CARRIED" Resolution #C-038-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT, in accordance with Section 283 of the Municipal Act, 2001, the rate of remuneration for the Mayor be increased by $10,000 annually; THAT the rate of remuneration for the Members of Council be set at 40% of the Mayor's rate; THAT a policy for paying severance remuneration to current and future Members of Council, which mirrors the policy of the Regional Municipality of Durham, be approved; and THAT the appropriate by-laws be forwarded to Council for adoption. "CARRIED" . . . Council Minutes BY-LAWS - 26- January 19, 2004 Resolution #C-039-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-001 to 2004-033, inclusive and that the said by-laws be now read a first and second time: 2004-001 being a by-law to authorize entering into an Agreement with the owners of Plan of Subdivision 18T-98012 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -98012 2004-002 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2002-001 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect to S-C-2002-001 2004-003 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-96014 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -96014 2004-004 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and ESRI Canada for the purposes of the GeoSmart programme software and training purchase to facilitate the further development of the Geographic Information System (GIS) and web-base applications 2004-005 being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2004 2004-006 being a by-law to exempt a certain portion of Registered Plan 40M-2166 from Part Lot Control 2004-007 being a by-law to exempt a certain portion of Registered Plan 40M-2133 from Part Lot Control . . . Council Minutes BY-LAWS - 27- January 19, 2004 2004-008 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Service Ltd. Ontario, to enter into agreement for the Renovations of the Visual Arts Centre 2004-009 being a by-law to authorize the execution of an amendment to the Lease by Central Lake Ontario Conservation Authority to the Municipality of Clarington dated January 1, 2000, of the Central Bowmanville Valley Lands, the Forest Lands, Boat Ramp and Associated Lands as described in the Lease 2004-010 being a by-law to amend By-law 2002-045, a by-law to establish a Board of Management to operate museums on its behalf - Clarington Museums and Archives Board and to repeal By-law 2003-196 2004-011 being a by-law to appoint Members of the Abandoned Cemeteries Board for the Municipality of Clarington and to repeal By-law 2001-001 2004-012 being a by-law to appoint Members to the Animal Advisory Committee for the Municipality of Clarington and to repeal By-law 2001-002 2004-013 being a by-law to appoint Members to the Clarington Agricultural Advisory Committee for the Municipality of Clarington and to repeal By-law 2001-074 2004-014 being a by-law to appoint Members of the Clarington Traffic Management Advisory Committee for the Municipality of Clarington and to repeal By-law 2001-004 2004-015 being a by-law to amend By-law 83-83, as amended and to repeal By-law 2001-006 to constitute a Committee of Adjustment for the Municipality of Clarington pursuant to the Planning Act 1983 2004-016 being a by-law to appoint Fence Viewers for the Municipality of Clarington and to repeal By-law 2001-007 . . . Council Minutes BY-LAWS - 28 - January 19, 2004 2004-017 being a By-law to appoint Members to the Game Commission for the Municipality of Clarington and to repeal By-law 2001-008 2004-018 being a By-law to appoint Valuers of Livestock and Poultry for the Municipality of Clarington and to repeal By-law 2001-009 2004-019 being a By-law to appoint Members of the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington and to repeal By-law 2001-010 2004-020 being a By-law to appoint Members to the Newcastle Arena Board and to repeal By-law 2001-011 2004-021 being a By-law to repeal Schedule "A" to By-law 2001-012, being a by-law to amend By-law 78-63 to establish the Orono Arena as a Community Centre in accordance with the Community Recreation Centre Act, R.S.O., (1990) C.22 and to provide for the establishment of a Community Centre Board 2004-022 being a By-law to appoint Poundkeepers for the Municipality of Clarington and to repeal By-law 2001-013 2004-023 being a By-law to appoint Members to the Property Standards Committee for the Municipality of Clarington and to repeal By-law 2001-014 2004-024 being a By-law to appoint Members to the Samuel Wilmot Nature Area Management Advisory Committee for the Municipality of Clarington and to repeal By-law 2001-015 2004-025 being a By-law to appoint Members to the Clarington Library Board and to repeal By-law 2001-016 2004-026 being a By-law to appoint Members to the Clarington Highway 407 Community Advisory Committee for the Municipality of Clarington . . . Council Minutes BY-LAWS - 29- January 19, 2004 2004-027 being a By-law to appoint Members of Council to Various Boards and Committees in the Municipality of Clarington and to repeal By-law 2001-024 2004-028 being a by-law to authorize the execution of a settlement with St. Marys Cement pertaining to their 2001/2002/2003 assessment appeals 2004-029 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and 902714 Ontario Inc. in respect to the purchase of Part Lot 31, Concession 1, former Township of Clarke 2004-030 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and Durga Persaud and Deokie Persaud in respect to the purchase of Part of Lot 32, Concession 1, former Township of Clarke 2004-031 being a by-law to authorize a purchase agreement between the Corporation of the Municipality of Clarington and Edmond Vanhaverbeke and Sylvia Vanhaverbeke in respect to the purchase of Part of Lot 31 Concession 1, former Township of Clarke 2004-032 being a by-law to provide severance remuneration for the Members of Council 2004-033 being a by-law to amend By-law 2003-179, respecting the annual allowances paid to the Mayor and Members of Council "CARRIED" Resolution #C-040-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-001 to 2004-033, inclusive, be approved. "CARRIED" . . . Council Minutes - 30- January 19, 2004 CONFIRMING BY-LAW ADJOURNMENT Councillor Trim disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-041-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2004-034 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 19th day of January 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-042-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2004-034 be approved. "CARRIED" Resolution #C-043-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the meeting adjourn at 9:45 p.m. "CARRIED"