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HomeMy WebLinkAbout02/13/2006 !A, ""'I Council Meeting Minutes February 13, 2006 Minutes of a regular meeting of Council held on February 13, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 8:55 p.m.) Director of Community Services, J. Caruana (attended until 8:19 p.m.) Director of Planning Services, D. Crome (attended until 8:55 p.m.) Solicitor, D. Hefferon (attended until 8:55 p.m.) Director of Operations, F. Horvath (attended until 8:19 p.m.) Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor (attended until 8:19 p.m.) Director of Emergency Services, G. Weir (attended until 8:19 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 8:19 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor MacArthur indicated that he would be stating a pecuniary interest with respect to Report #1, Item #4 b, all delegations and all correspondence pertaining to Beech Avenue. Council Meeting Minutes -2- February 13, 2006 MINUTES Resolution #C-050-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on January 30, 2006, be approved. “CARRIED” PRESENTATION Mayor Mutton recognized the work of Dr. Ross Tilley, a member of the Canadian Army Medical Corp militia who, along with his colleagues, treated hundreds of burned airmen during World War II. This group of men humorously called themselves the Guinea Pig Club as they knew they were quite literally guinea pigs for Dr. Tilley’s burn unit. A painting of Dr. Ross Tilley by artist Tony Johnston was presented to Dr. Leith Douglas, Steve Rowlands, Ron Cameron and Jim Connell, President, Royal Canadian Legion. Resolution #C-051-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Laura McDonald, Laurie Cook and Jeff Wills be added to the list of delegations. “CARRIED” DELEGATIONS Reid Hasted appeared before Council regarding Correspondence Item D - 14. Mr. Hasted advised that there have been numerous issues regarding the walkway between Clayton Crescent and High Street. Shortly after moving in 2005 he reported several repairs needed to the walkway. The walkway is extremely dark and teenagers are hanging out there. He has had a beer bottle, tomatoes and eggs thrown at his house. Mr. Hasted feels that the Municipality is responsible for the damages to the walkway and his property. He has spoken to the adjoining property owners and they have the same concerns. Mr. Hasted is requesting Council to pass a resolution to close the walkway and divide the land evenly between the four adjoining property owners. Mr. Hasted submitted two letters from property owners in the vicinity of the walkway. David Rice, Ridge Pine Park Inc., was present to answer any questions pertaining to Report PSD-014-06. Council Meeting Minutes -3- February 13, 2006 DELEGATIONS Councillor MacArthur stated a pecuniary interest regarding the delegations of Laura McDonald, Laurie Cook and Jeff Willis, vacated his chair and refrained from discussion on the subject matter. Councillor MacArthur is a resident of Beech Avenue. Maurice Richards, President and Laura McDonald, Executive Director, Clarington Older Adult Association appeared before Council regarding Report PSD-012-06. Mr. Richards advised Council of the Association’s successes over the past year and noted the increase in overall participation by members. The Association is growing annually and he expects it to continue to grow. Mr. Richards advised that he is concerned with the proposed heritage designation and how it will affect the Clarington Older Adult Association. The proposed growth will not continue if there is no additional parking available. Mr. Richards recommends that parking be allocated for future growth and that a representative of the Clarington Older Adult Association be appointed to the Heritage Designation Committee. Laurie Cook appeared before Council regarding Report PSD-012-06. He noted that he is strongly in favour of the heritage designation on Beech Avenue and strongly against the 100 percent sign-off clause. Mr. Cook supports the heritage designation for Beech Avenue but believes that this should not automatically mean future designations. Jeff Wills appeared before Council regarding Report PSD-012-06. Mr. Wills is requesting Council to overturn the 100 percent sign-off on designation and that no other further hurdles be put in place pertaining to the designation of Beech Avenue. COMMUNICATIONS Resolution #C-052-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda with the exception of Items I - 1 and I - 6. “CARRIED” I - 2 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region L11.GE of Durham on January 25, 2006, passed the following resolution: “a) THAT a copy of Report #2006-P-3, of the Commissioner of Planning be forwarded to the Province as Durham Region’s response to Bill 51, the Planning and Conservation Land Statute Law Amendment Act 2005; and Council Meeting Minutes -4- February 13, 2006 COMMUNICATIONS b) THAT a copy of Report #2006-P-3 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing, and the eight area municipalities.” I - 3 Craig Burch, Director of Education, Durham District School Board, S00.GE providing Council with a copy of the Annual Report for 2005. I - 4 Mary Ann Martin, Chair, Board of Trustees and Patricia A. Manson, S00.GE Director of Education, Durham Catholic District School Board, writing to Council regarding the Canada-Ontario Immigration Agreement of November 21, 2005, in which the Region of Durham is a designated limited partner. They are requesting that Council help to win spending provisions for the needs of immigrant children and youth from the agreement. I - 5 Dr. Donald R. Richardson, Senior Consultant, Communications and E05.RA Consultation, Gartner Lee Limited, advising Council that Garner Lee Limited has been retained by Cameco Corporation to engage area residents in shaping plans for renewal of its Port Hope facility as part of Cameco’s Vision 2010 project. Vision 2010 is a large, long-term investment in Port Hope that builds on work now underway through the federally funded Port Hope Initiative. I - 7 Dr. D.L. Reynolds, Associate Medical Officer of Health and Jason Garay, S00.GE Epidemiologist, Durham Region, providing Council with a copy of the Snapshot on Enteric Illnesses. I - 8 Minutes of the Durham Nuclear Health Committee meeting dated C06.DU January 13, 2006 I - 9 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of E06.VE Ajax, advising Council that the Town of Ajax on January 19, 2006, passed the following resolution: “THAT the resolution of the Council of the City of Belleville regarding the proposed expansion of Veridian Corporation hydro services within Belleville be endorsed.” I - 10 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of E06.VE Ajax, advising Council that the Town of Ajax on January 19, 2006, passed the following resolution: “THAT the resolution of the Municipality of Clarington regarding the proposed expansion of Veridian Corporation hydro services within the Municipality of Clarington be endorsed.” Council Meeting Minutes -5- February 13, 2006 COMMUNICATIONS I - 11 Marilyn Pearce, Mayor, Township of Scugog, advising Council of the appointment of Bev Hendry as the new CAO of the municipality. Leading the senior management team for the Township, Ms. Hendry will oversee the delivery of services, strategic planning and administration for the Township employees and over 22,000 residents. I - 12 Sharon Dionne, Chair, Urban Development Institute/Ontario Durham Chapter, writing to the Honourable Minister David Caplan, advising him that he will be receiving comments with regard to the Proposed Growth Plan from UDI/Ontario, which speaks on behalf of their industry. Without derogating from those industry-wide comments, they would like to comment on how the Proposed Growth Plan will impact community building in their end of the Greater Golden Horseshow area. I - 13 P.M. Madill, Regional Clerk, Region of Durham, providing Council with a copy of Report 2006-P-9 of the Commissioner of Planning regarding the Province’s Proposed Growth Plan for the Greater Golden Horseshoe. I - 14 Madeleine Meilleur, Minister of Culture, providing Council with a copy of L11.GE a bulletin outlining regulations that have been made to implement the amended Ontario Heritage Act. These regulations mark a major step forward for heritage conservation in Ontario. I - 15 Dwight Duncan, Minister of Finance and John Gerretsen, Minister of F11.GE Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2006. The government is increasing OMPF funding to $707 million in 2006, $51 million or 7.7% more than the 2005 OMPF funding announced last March. This increase in funding reflects the government’s commitment to supporting municipalities and ensuring that the OMPF grants continue to remain up to date and responsive to municipal financial needs. I - 16 Federation of Canadian Municipalities, advising that they are optimistic A01.FE about continued support for municipal issues with the new Prime Minister and his government. During the campaign, FCM President Kovach wrote to the four party leaders asking them to spell out their positions on key municipal issues. In is response, the Conservative party committed “to include municipalities in discussions of issues related to their jurisdiction and concerns.” It also expressed strong support for efforts to develop a long-term plan for the gas-tax transfer, maintain infrastructure funding, and address the fiscal problems affecting municipal governments. Council Meeting Minutes -6- February 13, 2006 COMMUNICATIONS I - 17 Hardiner S. Takhar, Minister of Transportation, advising Council that they are continuing to deliver on their commitment to dedicate two-cents per litre of the provincial gas tax to municipalities for public transit. Between October 2004 and October 2005 they provided $156 million of gas tax funding, staring with one-cent per litre towards 83 transit systems serving 110 municipalities. This year between October 2005 and October 2006 they will provide $232 million in gas tax funding, or one and one-half cents per litre. The Municipality of Clarington will be eligible to receive an allocation of $554,659 for the period October 1, 2005 to September 30, 2006. I - 18 John O’Toole, MPP, Durham, thanking Council for providing him with a C10.MO copy of Clarington’s resolution supporting General Motors of Canada Limited in Oshawa and a comprehensive auto strategy for Canada. I - 19 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on January 25, 2006, passed the following resolution: “a) THAT the 2006 Timetable for the review of the detailed Regional Business Plans and Budgets (as outlined in Attachment #1 of Report #2006-F-1 of the Commissioner of Finance) be adopted with a final Council approval date scheduled for April 19, 2006; b) THAT staff be authorized to notify the public of Regional Council’s intention to adopt the 2006 Regional Business Plans and Budgets for Property Tax Purposes, and the 2006 Business Plans and Budgets for the Police Services Board, Durham Region Transit Commission and Outside Agencies at its regularly scheduled meeting of April 19, 2006; and c) THAT a copy of this report be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities.” I - 1 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region E08.GE of Durham on January 25, 2006, passed the following resolution: “a) THAT Report #2006-COW-02 of the Chief Administrative Officer, the Commissioner of Finance, the Commissioner of Works, the Commissioner of Planning, and the Commissioner and Medical Officer of Health be endorsed and submitted to the Province as the Region’s response to the December 5, 2005, EBR posting (AA05E0001) on Bill 43, the Clean Water Act 2005; Council Meeting Minutes -7- February 13, 2006 COMMUNICATIONS b) THAT the Province should articulate and discuss with municipalities and others, its overarching vision of the source water protection program including legislative, regulatory, funding, program and partnership activities; c) THAT the Province should make firm multi-year funding commitments to all aspects of the source water protection initiative, not just plan preparation; d) THAT Provincial legislation to enable Source Protection Planning should: i) Rationalize, harmonize and integrate the basic source water protection requirements now described in a variety of acts and policies (Nutrient Management Act, Planning Act, Greenbelt Act, Provincial Policy Statement) into a single comprehensive policy statement on protection of drinking water sources; ii) Rationalize and clarify the roles of planning authorities and jurisdictions in protection of water quantity and quality; iii) Create Source Protection Committees for Conservation Authority areas rather than for larger source protection regions to enable meaningful local participation by citizens and municipalities; iv) Require the Minister to have regard for municipal resolutions and comments on the Source Protection Plan; v) As recommended by Justice O’Connor, focus on use of existing legislative and regulatory tools and mechanisms to implement source protection policies; vi) Minimize the duplication between the process to develop the Source Protection Plan (SPP), and the subsequent process to bring the Municipal Official Plan into conformity with the SPP; Council Meeting Minutes -8- February 13, 2006 COMMUNICATIONS e) THAT the Province should retain primary responsibility to enforce Source Protection Plans by: i) Utilizing its existing powers (e.g. under the Safe Drinking Water Act) to enter, inspect, order compliance, etc., in support of SPPs, since the Province is the approval authority for the Plan; and ii) Properly funding and exercising its authority to regulate industries and businesses that transport, use or create potential source water contaminants (e.g. chemicals, fuels, pesticides) to ensure compliance with those regulations; f) THAT the Province should provide an option for upper or single tier municipalities to conduct, by agreement with the Province, certain source water protection enforcement activities; g) THAT the Province should ensure that farmers are required to prepare only a single environmental protection plan for their farm and provide funding to assist farmers in reaching compliance with SPP requirements; h) THAT Source Protection Plans should be results-based and focus effort and investment on activities that will produce meaningful improvements in drinking water safety, overall water quality, and long-term sustainability of the water source; i) THAT the Province should recognize that in many cases, financially assisting people to meet the source protection requirements will be a more effective investment in achieving the desired results than legal action; j) THAT a copy of Report #2006-COW-02 of the Chief Administrative Officer, the Commissioner of Finance, the Commissioner of Works, the Commissioner of Planning, and the Commissioner and Medical Officer of Health be forwarded to the Minister of the Environment (MOE), the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, the Association of Municipalities of Ontario and Durham’s area municipalities and Conservation Authorities (CAs).” Council Meeting Minutes -9- February 13, 2006 COMMUNICATIONS Resolution #C-053-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I – 1 be received for information. “CARRIED” I - 6 Ronald Hooper, Chairman, Board of Management, Bowmanville D14. Business Centre, advising Council that the Boards of Management of Bowmanville, Newcastle and Orono are seeking to present their arguments to the Ontario Municipal Board regarding the proposed offer made in connection with the West Bowmanville Developments. Resolution #C-054-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 6 be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 16, D - 17, D - 18 and D - 19 were distributed as handouts. Resolution #C-055-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 1, D - 2, D - 5, D - 7 and D - 13 to D - 19, inclusive. “CARRIED” D - 3 Catherine Crawford, Assistant Location Manager, requesting permission MO2.GE to close Lakeshore Road East from Park Lane to Riley Road on Thursday, February 7, 2006, to film a Motion Picture entitled “Blaze”. (Actions taken by the Municipal Clerk pertaining to the issuance of a Road Occupancy Permit approved) Council Meeting Minutes -10- February 13, 2006 COMMUNICATIONS D - 4 David Staples, Parade Chairman, Durham Central Fair, requesting M02.GE Council’s permission to hold the annual parades associated with the Durham Central Fair on Friday, September 8, 2006 and Saturday, September 9, 2006. (Approved provided the organizations apply for and obtain a Road Occupancy Permit) D - 6 John O’Toole, MPP, Durham, advising Council that he has received an P01.GE inquiry from a constituent regarding noise abatement along Highway 401 in south Bowmanville. It has been brought to his attention that, with the re-grading of some of the property between Baseline Road and Highway 401, the south end of town is more vulnerable to noise. It would appear that the removal of berms, a railway spur and vegetation means that some of the noise from the highway is no longer blocked. (Correspondence referred to the Director of Engineering Services) Councillor MacArthur stated a pecuniary interest regarding Correspondence Items D - 1, D - 2, D - 5, D - 16, D - 17, D - 18 and D - 19, vacated his chair and refrained from discussion and voting on the subject matter. Councillor MacArthur is a resident of Beech Avenue. D - 1 Bill and Frances Huether, providing Council with their questions pertaining to the Proposed Heritage Conservation District: 1. There is no “partway” on Heritage District designation. How can there be a three year pilot designation? If an owner on Beech wishes to sell his home, does he declare to the Real Estate agent that the home is Heritage, Non-Heritage, or what, during this three year pilot? 2. If other streets are to be designated in the future, who will bear the cost of preparing individual guidelines for each? 3. A proposal was put forth at Council that the present guidelines be available as advisory material for all owners in Clarington. This seemed to have the support of all concerned. The guidelines were prepared at great cost. Does this mean that only Beech Avenue will have access to this service? Council Meeting Minutes -11- February 13, 2006 COMMUNICATIONS D - 2 Kim Goyne, advising Council that she does not want her home or her neighbourhood subject to the proposed Heritage Conservation District. She notes that she supports the “James-Humber Compromise” of implementing educational programs in lieu of district designation. D - 5 John and Pat Rundle, advising Council that they are opposed to the idea of the heritage designation for the entire area known as Old Bowmanville as originally suggested and note that they approve of the “James-Huber Compromise.” They had hoped that the idea would be generally accepted as the best solution to the problem and that their neighbourhood would become amiable again. D - 16 Mavis Carlton expressing surprise at the amendment requiring that 100 percent of the Beech Avenue residents should approve the suggested designation. Frequently a simple majority is all that is required and she believes that agreement of 100 percent of the residents is entirely unreasonable. She is not aware of a similar requirement for a decision by any other level of government, association, board or committee for any purpose whatsoever. She is urging Council to reject the 100 percent requirements. D - 17 Peter Sobil expressing surprise at the amendment requiring that 100 percent of the Beech Avenue residents should approve the suggested designation. Frequently a simple majority is all that is required and he believes that agreement of 100 percent of the residents is entirely unreasonable. He is not aware of a similar requirement for a decision by any other level of government. Mr. Sobil is urging Council to reject the 100 percent requirement. D - 18 Bonnie Seto, writing to Council to express her wariness at the proposed Heritage Designation status for Beech Avenue. She notes that her family did not purchase the property on Beech Avenue subject to the proposed Heritage Designation and as such neither their enjoyment of the property nor selling of their domain should be hindered by this proposal. D - 19 Michelle Shook, writing to Council in support of the proposed Heritage Designation and the designation of Beech Street. She notes that she admires these residents for believing so strongly in taking the steps necessary to protect what is so valuable and what cannot be placed. Council Meeting Minutes -12- February 13, 2006 COMMUNICATIONS Resolution #C-056-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the authors of Correspondence Items D - 1, D - 2, D - 5 and D - 16 to D - 19, inclusive, be advised of the actions taken with respect to Report PSD-012-06. “CARRIED” D - 14 Reid Hasted, writing to Council regarding the pathway beside his home M04.GE and the repairs that are required. He is requesting that the walkway be closed and the land split up evenly between the four adjoining residents. Resolution #C-057-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 14 be referred to the Directors of Operations and Engineering Services. “CARRIED” D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of M02.GE Courtice, inviting Council to partner with the club to bring this exciting day to Clarington. Their July 1, community event will be back at the Garnet B. Rickard Recreation Complex with activities starting at 5:00 p.m. and ending shortly after dusk with an amazing fireworks display. He would be happy to meet to discuss the plans for 2006 and why the Municipality should be an important partner in this fabulous community initiative. Resolution #C-058-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D – 7 be supported in principle; and THAT the correspondence be referred to staff. “CARRIED” Council Meeting Minutes -13- February 13, 2006 COMMUNICATIONS D - 8 Cathy Vincelli, Executive Director, Paralympics Ontario, providing Council with a copy of the Bid Guidelines for hosting the 2007 Ontario Paralympic Summer Championships. As one of the Ontario Games Programs, Paralympics Ontario works in partnership with the Sport Alliance of Ontario to deliver the Ontario Paralympic Summer Championships. Bids are due in the Paralympics Ontario office no later than Friday, April 28, 2006, 4:00 p.m. Resolution #C-059-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D – 8 be received for information. “CARRIED” D - 9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the C10.MO Region of Durham on January 25, 2006, passed the following resolution: “a) THAT AMO’s position in opposition to Bill 206, Ontario Municipal Employees Retirement System, 2005 be supported; b) THAT copies of this resolution and Report #2006-F-4 of the Commissioner of Finance, be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, Opposition Leaders, all Durham MPP’s and the area municipalities; and c) THAT the area municipalities be requested to endorse this resolution and forward similar resolutions to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, Opposition Leaders and all Durham MPP’s.” Resolution #C-060-06 Moved by Councillor Robinson seconded by Councillor Foster THAT the resolution of the Region of Durham regarding Bill 206, Ontario Municipal Employees Retirement System, 2005, be endorsed by the Council of the Municipality of Clarington. “CARRIED” Council Meeting Minutes -14- February 13, 2006 COMMUNICATIONS D - 10 Municipality of Grey Highlands, advising Council that the Municipality of C10.MO Grey Highlands on January 9, 2006, passed the following resolution: “WHEREAS the Municipality of Grey Highlands considers the establishment of new renewable and non-renewable energy projects to have significant local land use planning implications; AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy projects in Ontario from the Planning Act if they are an undertaking or class of undertakings within the meaning of the Environmental Assessment Act; AND WHEREAS it is the opinion of this Council that the Environmental Assessment Act and the associated proponent driven screening process does not adequately address matters of municipal interest; AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41 (Site Plan Control) of the Planning Act provide local Municipalities with the necessary authority to establish policy and regulations for new energy projects; THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Grey Highlands does not support the position of Bill 51 and their concerns be submitted on the Environmental Bill of Rights Registry at http://www.ene.gov.on.va/envregistry/026868ea.htm; FURTHER THAT this resolution be circulated to all Ontario Municipalities seeking their support by submitting their concerns on the Environmental Bill of Rights Registry.” D - 11 Stephen Keast, Clerk, Town of The Blue Mountains, advising Council C10.MO that the Town of The Blue Mountains on January 16, 2006, passed the following resolution: “WHEREAS the Town of The Blue Mountains considers the establishment of new renewable and non-renewable energy projects to have significant local land use planning implications; AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy projects in Ontario from the Planning Act if they are an undertaking or class of undertakings within the meaning of the Environmental Assessment Act; Council Meeting Minutes -15- February 13, 2006 COMMUNICATIONS AND WHEREAS it is the opinion of this Council that the Environmental Assessment Act and the associated proponent driven screening process does not adequately address matters of municipal interest; AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41 (Site Plan Control) of the Planning Act provide local Municipalities with the necessary authority to establish policy and regulations for new energy projects; THEREFORE BE IT RESOLVED THAT Council of the Town of The Blue Mountains does not support the position of Section 23 of Bill 51 for the aforementioned reasons and that the position of Council with regard to Section 23 of Bill 51 be submitted to the Environmental Bill of Rights Registry and forwarded to John Gerretson, Minister of Municipal Affairs and Housing, Donna Cansfield, Minister of Energy, Jim Wilson, Simcoe- Grey MPP and the Association of Municipalities of Ontario.” Resolution #C-061-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Items D – 10 and D – 11 be referred to staff. “CARRIED” D - 12 Michael Angemeer, Chair, Durham Strategic Energy Alliance (DSEA), requesting confirmation of Clarington’s representation on the newly formed Durham Strategic Energy Alliance Board of Directors. The Municipality has been well represented by Suzanne McCrimmon, Clarington Board of Trade. The DSEA is in the process of registering as a non-profit corporation, which will be concluded early in the New Year. Mr. Angemeer is requesting that he receive a response by February 28, 2006. Resolution #C-062-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Councillor Foster be appointed as Clarington’s representative on the newly formed Durham Strategic Energy Alliance Board of Directors. “CARRIED” Council Meeting Minutes -16- February 13, 2006 COMMUNICATIONS D - 13 Diane Cane, County Clerk, Northumberland County, writing to Roger C10.MO Anderson, President, Association of Municipalities of Ontario, advising that the Council of the Northumberland County on December 14, 2005, passed the following resolution: “NOW THEREFORE BE IT RESOLVED that Northumberland County put the Ontario Provincial Government on notice that we refuse to accept the transfer of administration and financial costs associated with the OMERS program; AND FURTHER this transfer represents additional downloading on municipal governments which are already financially strapped due to programs downloaded by the previous Ontario government; AND FURTHER that is motion be circulated to A.M.O., ROMA, Eastern and Western Ontario Warden’s Caucus’, the Provincial Government, MPP Dwight Duncan, Minister of Finance, Premier of Ontario Dalton McGuinty and all other levels of government in Ontario; AND FURTHER this motion be forwarded to AMO and ROMA for delegate discussion at the 2006 conventions.” Resolution #C-063-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Diane Cane, County Clerk, Northumberland County be advised of actions taken by the Council of the Municipality of Clarington regarding the OMERS Program. “CARRIED” D - 15 Cathy Pitcher, Executive Assistant, Board of Governors, Durham College, inviting the submission of name(s) of any individual(s) that would be an effective Governor of the College. Ms. Pitcher has provided a copy of the College’s Values and Mission Statement. The College has three vacancies for the term beginning September 1, 2006 and is seeking candidates. Candidates should posses one or more of the following qualifications: ? experience in business, social services and/or health services ? strong leadership skills ? past and/or current community involvement ? diversity inclusive of the community Letters of interest and resumes are to be received by February 17, 2006. Council Meeting Minutes -17- February 13, 2006 COMMUNICATIONS Resolution #C-064-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D – 15 be referred to staff. “CARRIED” MOTION NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - February 6, 2006 Resolution #C-065-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of February 6, 2006, be approved with the exception of Item #4. “CARRIED” Councillor MacArthur stated a pecuniary interest regarding Item #4, vacated his chair and refrained from discussion and voting on the subject matter. Councillor MacArthur is a resident of Beech Avenue. Resolution #C-066-06 Moved by Councillor Schell, seconded by Councillor Trim (a) THAT Report PSD-012-06 be received; THAT no further financial resources be spend on the Heritage Conservation District Plan through consultants; THAT the draft Bowmanville Heritage Conservation District Plan be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents; THAT any interest parties or delegation be advised of Council’s decision; Council Meeting Minutes -18- February 13, 2006 REPORTS (b) THAT a Beech Avenue Heritage Conservation District Plan be drafted to reflect the request of the Beech Avenue residents for designation of a Heritage Conservation District under Part V of the Ontario Heritage Act (Attachment 2 to Report PSD-012-06), subject to 100 percent sign-off on designation; THAT the Beech Avenue Heritage Conservation District By-law be adopted when the specific Beech Avenue Heritage Conservation District Plan has been drafted; THAT, upon reconstruction of Beech Avenue, no further dollars be spent beyond traditional road construction; and THAT the Beech Avenue Heritage Conservation District be reviewed approximately three years after it comes into force. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-067-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the foregoing Resolution #C-066-06 be amended by deleting the words “subject to 100 percent sign-off on designation” and substituting them with the following: “and that no further Historical District Plans be considered until the three year review of Beech Avenue has been completed”. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor MacArthur v Councillor Pingle v Councillor Robinson v Councillor Schell v Councillor Trim v Mayor Mutton v Resolution #C-066-06 was then put to a vote and “CARRIED AS AMENDED”. Council Meeting Minutes -19- February 13, 2006 REPORTS Report #2 - Report PSD-018-06 – Municipality of Clarington Comments – Durham/York Residual Waste Disposal Study – Proposed Terms of Reference for the Environmental Assessment Resolution #C-068-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-018-06 be received; THAT the letter from the Director of Planning Services to the Ministry of the Environment, dated February 6, 2006, and attached to Report PSD-018-06 as Attachment 1 be endorsed as the comments of the Municipality of Clarington on the Proposed Environmental Assessment Terms of Reference for the Durham/York Residual Waste Disposal Planning Study; and THAT a copy of Report PSD-018-06 and Council’s resolution be forwarded to the Ministry of the Environment, Environmental Assessment and Approvals Branch and the Region of Durham Works Department. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING AMENDING MOTION) Resolution #C-069-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the foregoing Resolution #C-068-06 be amended by adding the following new third paragraph: “THAT the Council of the Municipality of Clarington further requests that the proposed Environmental Assessment Terms of Reference for the Durham/York Residual Waste Disposal Planning Study be amended by including in the Study Area, the Wesleyville site owned by Ontario Power Generation in the Municipality of Port Hope;” and by adding the following wording to the fourth paragraph: “and all area municipalities in Durham Region, York Region and Northumberland County.” “CARRIED” Resolution #C-068-06 was then put to a vote and “CARRIED AS AMENDED.” Council Meeting Minutes -20- February 13, 2006 UNFINISHED BUSINESS Resolution #C-070-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Maurice Richards, President and Laura McDonald, Executive Director, Clarington Older Adults Association be referred to staff to review a) the parking plan in conjunction with the Heritage Conservation District and b) their request to have a representative of the Clarington Older Adults Association be appointed to the Heritage Designation Committee. “CARRIED” Resolution #C-071-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the Rules of Procedure be suspended to allow for the introduction of a motion of new business at this time. “CARRIED” Resolution #C-072-06 Moved by Councillor Foster, seconded by Councillor Schell THAT staff investigate and report on potential streetscape improvements along Highway 2 in Courtice from Townline Road to Courtice Road. “CARRIED” OTHER BUSINESS Resolution #C-073-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Council recess for five minutes after which time the meeting be “closed” to consider a Confidential Verbal Report of the Chief Administrative Officer regarding a personnel matter. “CARRIED” The meeting reconvened in “open” forum at 9:10 p.m. Council Meeting Minutes -21- February 13, 2006 BY-LAWS By-law 2006-034 was distributed to Council as a handout. Resolution #C-074-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-022 to 2006-034, inclusive and that the said by-laws be now read a first and second time: 2006-022 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Limited, Whitby, Ontario, to enter into agreement for the Hampton Pond Recovery 2006-023 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (2075568 Ontario Inc. and Middle Road Developments) 2006-024 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc.) 2006-025 being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2006-026 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2006-027 being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2006-028 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2006-029 being a by-law to exempt a certain portion of Registered Plan 40M-2113 from Part Lot Control (Condor Developments Ltd.) 2006-030 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON 2006-031 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON Council Meeting Minutes -22- February 13, 2006 BY-LAWS 2006-032 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and the Estate of John Ulrich, in respect to the purchase of 68 East Beach Road, Smart Estate Plan, Block A, Part Lot 5, Part Lot 9, Broken Front Concession, former Town of Bowmanville 2006-033 being a by-law to Repeal By-law 2005-217 2006-034 being aby-law to authorize the execution of a Letter of Agreement between the Municipality of Clarington and Her Majesty the Queen in right of the Province of Ontario represented by the Minister of Transportation for the Province of Ontario “CARRIED” Resolution #C-075-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-022 to 2006-034, inclusive be approved. “CARRIED” CONFIRMING BY-LAW Councillor MacArthur stated pecuniary interests earlier in the meeting, and refrained from voting on the confirming by-law. Resolution #C-076-06 Moved by Councillor Schell, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-035 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 13th day of February, 2006, and that the said by-law be now read a first and second time. “CARRIED” Council Meeting Minutes -23- February 13, 2006 - CONFIRMING BY-LAW Resolution #C-077 -06 Moved by Councillor Schell, seconded by Councillor Foster THAT the third and final reading of By-law 2006-035 be approved. "CARRIED" ADJOURNMENT Resolution #C-078-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 9:10 p.m. "CARRIED" ~ ~M~ .//) / ( / j t(~I'~: . -