Loading...
HomeMy WebLinkAbout04/05/2004 . . . . . ." ,~ Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON April 5, 2004 Minutes of a regular meeting of Council held on April 5, 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, Pingle Councillor G, Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J, Caruana Director of Emergency Services/Fire Chief, Mike Creighton Director of Planning Services, D. Crome Solicitor, Dennis Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Clerk, C, Tennisco Municipal Clerk, p, Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated for this meeting, Resolution #C-167-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on March 22, 2004, be approved. "CARRIED" . . . " Council Minutes DELEGATIONS -2- April 5, 2004 Mayor Mutton advised that the Transit Initiative Coordinating Committee has voted to proceed with the Business Case. The Finance Committee will be voting on this item April 6th, 2004. Councillor Shell inquired as to the time line for the Business Case. Mayor Mutton informed Council it would be September, 2004. Don Gibson, 23 Shipley Avenue, Newcastle, L 1 B 1 M7 appeared before Council regarding Report CLD-014-04. He was appealing the "Order to Restrain" on the basis of the investigation. Mr. Gibson apologized for the incident that occurred with Ms. Dawson's dog and admitted, due to a recent death, he was not aware of what his dogs were doing, Mr. Gibson stated he took control of the situation when Ms. Dawson become upset. He advised Council he was very concerned for Ms. Dawson's dog and acted responsibly by covering the costs incurred by the veterinarian and did follow up after the occurrence with Ms. Dawson. Mr. Gibson is requesting from Council that only the dog "Bailey" be required to be muzzled as the other dog is not aggressive. Mary Dawson, 3 Bridges Drive, Newcastle, L 1 B 1 M6 appeared before Council regarding Report CLD-014-04. Ms. Dawson is requesting that Council uphold the "Order to Restrain" on Mr. Gibson's dogs. She stated Mr. Gibson did take full responsibility for the incident, however, she stressed pet owners must be responsible for their animals. This includes pets being on a leash at all times. Bruce Ellis, 7486 Thompson Road, Kendal, LOA 1 EO addressed Council with respect to concerns regarding Zoning By-law Changes and the operation of a kennel and/or fur farms in non-residential areas. Mr. Ellis and the residents of the Hamlet of Kendal and the agricultural community also have concerns regarding handling of animal waste and water quality and the well being of animals, Mr. Ellis stated the current by-laws regarding these issues are antiquated and must be addressed, . . . . Council Minutes COMMUNICATIONS I - 1 A17.GE i- 5 E05,GE - 3 - April 5, 2004 Resolution #C-168-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information, be approved with the exception of Items I - 2, I - 3, I - 4, I -10, I -11 and I -13, "CARRIED" Tom Mitchinson, Assistant Commissioner, Office of the Information and Privacy, Commissioner/Ontario, submitting to Council a copy of the Best Practices for Institutions in Mediating Appeals under the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of information and Protection of Privacy Act. "Best Practices" was produced at the conclusion of a joint pilot project involving the Information and Privacy Commission and Ministry of the Attorney General to enhance the mediation process and outcomes with respect to appeals. (Received for Information) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 regarding the Watershed 2004 - 2008, 5-year Capital and Operating Budget for the Black-Farewell-Harmony Creeks in Courtice and Special Study area agreements. Mrs. Racansky advises of the importance of supporting Conservation Authorities' attempt to provide healthy watersheds in the Region, It is critical to find out carrying capacity of the remaining undeveloped groundwater recharge area. She asks that the following conservation authority budget concerns be considered: Based on previous estimates, is $100,000 budgeted for Black-Farewell-Harmony including the smaller watersheds a sufficient amount for a large area? Developers must cover a proportional amount of the cost for this study; is the amount to be covered by developer's part of the amount to be allocated for the rehabilitation of the watershed, Watershed planning to contain guidelines as described in the Draft Terms of Reference; and Public participation in the planning. (Received for Information) . . . " > Council Minutes COMMUNICATIONS 1-6 C10,MO -4- April 5, 2004 Kim Coates, Clerk, Township of Scugog, advising the Regional Municipality of Durham that on March 8, 2004, Scugog Council passed the following resolution: " WHEREAS the Region of Durham has enacted By-law No, 11-2004 to provide for the transfer of transit services to the Region which requires a triple-majority consent; AND WHEREAS the implementation of a transit service on a Regional basis would provide for future opportunities for the establishment of transit services within the Township of Scugog and upholds one of the principles of Regional government to provide for the distribution of major financial commitments on a regional basis, a principle which is supported by the Township of Scugog; AND WHEREAS the Durham Transit Improvement Plan recommended that a business case financial analysis be undertaken to identify costs and benefits associated with a Regional transit system and such a study has not been completed at this time; AND WHEREAS By-Law 11-2004, of the Regional Municipality of Durham, specifies that all rights, obligations, assets, and liabilities shall be transferred to the Region of Durham subject to such terms and conditions as may be mutually agreed; AND WHEREAS the terms and conditions of the transfer have not been identified; NOW THEREFORE the Council of the Corporation of The Township of Scugog resolves: 1 ) THAT a decision on the by-law to transfer transit services to the Region of Durham be considered at such time as the business case financial analysis has been completed; 2) AND THAT the terms and conditions associated with the transfer of all rights, obligations, assets, and liabilities, as may be mutually agreed, be known prior to rendering a decision on this matter; . . . ) . Council Minutes COMMUNICATIONS 1-7 C10,MO 1- 8 F28.GE 1-9 F22.DE 1-12 F28.GE - 5 - April 5, 2004 3) AND THAT this matter be considered by Council upon receipt of the business case financial analysis as well as the terms and conditions associated with said transfer and that the Region be so advised of our decision at that time; 4) AND THAT a copy of this resolution be forwarded to the Region of Durham with copies provided to all area municipalities," (Received for Information) Kim Coates, Clerk, Township of Scugog, advising Council that at a meeting on March 8, 2004 Scugog Council endorsed the Municipality of Clarington's resolution requesting the Province of Ontario to table legislation to amend the Development Charges Act. (Received for Information) Federation of Canadian Municipalities advising Council that the GST rebate is effective February 1 ,2004. Municipalities will receive the refund only when enabling legislation is passed by the House and Senate and receives Royal Assent. Demonstrating through public events and media releases, how the GST refund has been used, particularly for capital projects, will influence the Government of Canada's receptivity to future revenue sharing agreements. (Received for Information) Marolyn Morrison, Mayor, Town of Caledon, writing to the Honourable Dalton McGuinty, Premier regarding a meeting with the mayors in the Greater Toronto Area to determine the interest and need to present a collective voice to Queens Park on local municipal issues in their part of the GT A. The unanimous decision was that a group be officially formed and a second meeting be held in June, 2004. (Received for Information) Federation of Canadian Municipalities advising Council that the March 23, 2004 budget confirms the government's down payment on the New Deal. The accelerated infrastructure commitments and 100% GST refund are important steps in the right direction. The Government confirmed its intention to work with the provinces and territories to share with municipal governments a portion of gas-tax revenues or to determine other fiscal mechanisms that achieve the same goals. (Received for Information) . . . , ,> Council Minutes COMMUNICATIONS 1-14 E07.GE 1-15 C12,GE 1- 16 SOO,GE 1-17 E07.GE 1-18 SOO,GE - 6 - April 5, 2004 Sue Campbell, Waste Reduction Supervisor, The Regional Municipality of Durham, writing to John O'Toole, MPP, Durham, in regards to a constituent's concern over the Blue Box Program. The Region offered solutions to the constituent's issue with blowing papers and will explore the option of wheel accessories for Blue Boxes, (Received for Information) Margot Weir, CEO, Whitby Chamber of Commerce, advising Council that the Board of Directors of the Whitby Chamber of Commerce has unanimously voted in favour of supporting the position of the Town of Whitby in regards to the Proposed Amalgamation of Local Transit Services in Durham Region. The Chamber of Commerce feels it is imperative the Region follow the principles laid out in the Durham Region Transit Improvement Plan, They appreciate the efforts of Council's decision asking the Region to undertake a business case analysis before considering the transfer of authority over to the Region. (Received for Information) Victorian Order of Nurses, Durham Region Branch, advising Council that they will no longer provide visiting nursing and mental health services, effective June 1, 2004, as contracted provider to Durham Access to Care. VON was unsuccessful in the recent competitive bidding process, but will continue to pursue opportunities to help respond to the primary care concerns in the area to meet community needs. (Received for Information) Elizabeth Dowdeswell, President, Nuclear Waste Management Organization, submitting a copy of the "Annual Report 2003, From Dialogue to Decision: Managing Canada's Nuclear Fuel Waste". (Received for Information) Sandra Kranc, City Clerk, The Corporation of the City of Oshawa, advising Council that on March 15,2004, their Council endorsed the Municipality of Clarington's resolution on Development Charges Act - Hospital Funding. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-19 C10.MO -7- April 5, 2004 p, M, Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24, 2004, Regional Council passed the following resolution: "THAT the Province be advised that while the Region of Durham supports the Province's intent to protect environmentally sensitive land and the agricultural land base in the Golden Horseshoe, Bill 27 represents only one element of what is needed, that being a much broader growth management approach that must also put emphasis on 'tools to implement' existing official plans; THAT the Province provide details on the mechanisms required to facilitate exemptions to the Act; THAT the Region of Durham supports the proposed amendments to the Oak Ridges Moraine Conservation Act, 2001; THAT the public consultation process to be undertaken by the Greenbelt Task Force, be extensive and provide for the convenient participation of the Region, with at least one meeting to be held in the Region of Durham and that the Region of Durham offers to host such meeting(s); THAT Report #2004-P-26 of the Commissioner of Planning be endorsed and submitted to the Ministry of Municipal Affairs, as the Region's comments on EBR Registry #03E0002; THAT the Greenbelt Task Force be requested to review and comment on the possible ramifications of development leap- frogging development to areas outside the lands subject to the Zoning Order and legislation; THAT the 60 day consultation period and the 90 day time frame provided by the Greenbelt Task Force to produce an approach to greenbelt protection be extended and that the Councils of the affected municipalities be given an adequate opportunity to comment on the results prior to legislation being enacted; THAT Bill 27 and any subsequent legislation and related plan must, in no way, encumber the provision or extension of provincial and municipal Infrastructure, including water, sewer and transportation systems; and . . . . Council Minutes COMMUNICATIONS 1- 20 C06,CE 1 - 21 C10,MO - 8 - April 5, 2004 THAT Report #2004-P-26 of the Commissioner of Planning be forwarded to the area municipalities, and other affected regions for their information." (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated March 16, 2004, (Received for Information) Donald G, McKay, Director of Corporate Services/Clerk, The Corporation of the Town of Whitby, advising Council that on March 22, 2004, Whitby Council passed the following resolution: "That the Council of the Town of Whitby oppose Regional By-law 11-2004; That further consideration by the Region of Durham of By- law 11- 2004 be deferred until such time as a business case supporting the transfer of transit service from the lower-tier to the upper-tier is approved by the Council of the Regional Municipality of Durham and the Councils of the affected area municipalities, which shall include, but not be limited to the following: (a) strategic direction for regional expansion; (b) strategic direction for local services; (c) human resources plan; (d) asset and debt assumption policy; (e) contract assumption policy; and, (f) servicing and financing study; That should Regional Council not obtain a triple majority vote for the transfer of authority to operate transit, that the amount of the previous GO levy currently rebated to municipalities be removed from the regional tax levy; That public consultations be undertaken by the Region in Whitby and elsewhere in order for taxpayers to clearly understand the financial and service implications and to provide their input; and, That copies of Public Works Director's Report Item 14-04, be forwarded to the Minister of Municipal Affairs and Housing, the Chambers of Commerce and business associations . . . . Council Minutes COMMUNICATIONS 1- 22 C10.MO 1- 23 C10.MO 1- 24 C10,MO T08.GE - 9 - April 5, 2004 within the Region, the Region of Durham, all area municipalities within Durham, the District School Boards, and all local transit authorities in Durham," (Received for Information) p, M. Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24, 2004, Regional Council passed the following resolution with respect to the 2003 annual building permit activity review: "a) THAT Report 2004-P-28 of the Commissioners' of Planning be received for information; and b) THAT a copy of Report 2004-P-28 of the Commissioner of Planning be forwarded to the local area municipalities," (Received for information) p, M. Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24, 2004, Regional Council passed the following resolution regarding the Urban Transportation Showcase Program "Smart Commute Initiative": "a) THAT Report 2004-P-27 of the Commissioner of Planning be received for information; and b) THAT a copy of Report 2004-P-27 of the Commissioner of Planning be forwarded to the area municipalities in the Region of Durham." (Received for information) P. M. Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24, 2004, Regional Council passed the following resolution: "a) THAT the posted speed limit on Regional Road 3, east and west of the Hamlet of Enniskillen, be increased from 50km/h to 70 km/h, and that the Regional Solicitor be directed to prepare an amending by-law to By-law No. 5-96, generally in the form included as Attachment NO.2 to Report #2004-W-48 of the Commissioner of Works, for presentation to Regional Council for three (3) readings and passage; . . . > Council Minutes COMMUNICATIONS 1-25 C06.SA 1- 26 C10.MO 1- 27 E05,GE 1-28 C10.MO - 10- April 5, 2004 b) THAT the Works Department proceeds with the corridor treatments as outlined in Report #2004-W-48 of the Commissioner of Works; and c) THAT a copy of Report #2004-W-48 of the Commissioner of Works be provided to: . The Municipality of Clarington . The Durham Regional Police Service . The Kawartha Pine Ridge District School Board . The Peterborough, Victoria, Northumberland and Clarington Catholic District School Board; and . Mr. & Mrs. S. Nimigon, Enniskillen residents." (Received for Information) Minutes of the Samuel Wilmot Nature Area Advisory Committee meeting dated March 9, 2004, (Received for Information) George S. Graham, Clerk-Administrator, The Township of Brock, advising Council of their endorsement on the Municipality of Clarington's resolution on Development Charges Act - Hospital funding. (Received for Information) George S. Graham, Clerk-Administrator, The Township of Brock, advising Council that the Minister's Zoning Order imposed on December 16th, 2004 has severely impacted development within their municipality, forcing them to request an exemption from the moratorium, The Township of Brock Council is in receipt of information advising of the appointment of a Greenbelt Task Force, (Received for Information) P. M, Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24th, 2004, Regional Council passed the following resolution: "a) THAT the Region of Durham resubmit, to the Minister of Environment, Report #2003-COW-03 of the Commissioners of Finance, Works, Planning, the Medical Officer of Health and the Regional Solicitor (endorsed by Regional Council in June 2003) which . Council Minutes - 11 - April 5, 2004 COMMUNICATIONS advised the Province to undertake the following actions in developing an effective source water protection framework: i) Develop the Source Protection Planning Framework as one section of the provincial Source To Tap Water Policy Manual, which would include: . describe all linkages to related legislation and policy such as the Planning Act, Safe Drinking Water Act, Environmental Protection Act or Provincial Policy Statement, etc. contain comprehensive source water protection provisions including policies and strategies for protection of Great Lakes and boundary rivers as the primary drinking water sources for Ontarians; . . ii) Within the legislative and policy framework for source protection planning, offer several models for delivering the mandatory components of a source protection plan including: . a model that permits delivery of the Source Protection Plan by single or upper tier municipalities (similar to the York Peel Durham model); iii) Avoid administrative duplication and jurisdictional complexity by building on and enhancing the current land use and watershed planning processes and mechanisms to achieve source protection planning objectives; iv) Within the municipal delivery model, build on existing mandated roles and responsibilities, and the expertise of Conservation Authorities, Public Health Departments and municipalities, to deliver source protection planning by: . , . Council Minutes - 12- COMMUNICATIONS April 5, 2004 . making Conservation Authorities the lead for development of science-based watershed plans . making single/upper tier municipalities responsible for integrating the watershed plan(s) into a single Source Protection Plan to guide municipal plans, operations and decision-making in regard to source water protection . having the single/upper tier municipality seek approval of the integrated municipal source protection plan from MOE; v) Commit to a sustainable financing strategy for province-wide source protection planning that includes: . . shifting the burden of core funding for mandated Conservation Authority functions from municipalities back to the Province making an estimated multi-year budget for work outlined in the Source Protection Plan a requirement for Plan approval making a test of affordability of the Plan for the municipality part of the MOE approval process Incorporating the Provincial commitment to funding its share of the Source Protection plan into MOE's approval of the Plan. . . . vi) Create a legislated focus on source water protection as a land use planning priority that is integrated into the existing land-use planning framework by: . . revising the Provincial Policy Statement to place a much higher priority on source water protection and greater attention to watershed planning .. . Council Minutes COMMUNICATIONS . . - 13- April 5, 2004 . amending the Planning Act to require municipalities and the OMB to ensure that Official Plans and planning decisions conform to the source water protection requirements of the PPS . using the precautionary principle as the test for planning appeal decisions where the impact of a proposed development on source water is unclear; vii) In addition, the Province should: . Incorporate findings from previous research into the source protection framework . Conduct additional consultation with municipalities, conservation authorities and public health units on creating functional, effective, accountable roles and responsibilities for delivery of source protection planning without duplication Provide new powers and resources to municipalities and Conservation Authorities to implement any new responsibilities associated with source protection planning Consider the York Peel Durham groundwater strategy data sharing agreement as a model for data sharing province-wide; . . b) THAT Report #2004-COW-03 of the Commissioners of Finance, Works, Planning, the Medical Officer of Health and the Regional Solicitor be endorsed and forwarded to the Minister of the Environment (MOE) as the Region of Durham's additional comments on the White Paper on Watershed Based Source Protection Planning; and c) THAT a copy of Report #2004-COW-03 of the Commissioners of Finance, Works, Planning, the Medical Officer of Health and the regional Solicitor be forwarded to the Minister of Municipal Affairs and . . . Council Minutes COMMUNICAITONS 1-29 F21.GE 1- 2 F22.DE - 14- April 5, 2004 Housing, Durham MPPs, the Association of Municipalities of Ontario, the local area municipalities and the five Conservation Authorities (CAs) located in Durham." (Received for Information) The Honourable Premier Dalton McGuinty advising Council of The Strong Communities (Planning Amendment) Act, which would limit the role of the Ontario Municipal Board in making planning decisions for the communities and return those powers to the people, (Received for Information) Greg Sorbara, Minister of Finance, advising Council of two policy decisions by the provincial government regarding municipal flexibility and autonomy in setting tax policy for the 2004 taxation year: 1) Municipalities will be authorized to increase the tax ratio of one or more business property classes to the extent necessary to prevent tax shifting onto the residential class as a result of reassessment. 2) Municipalities with property classes that are subject to the levy restriction (whose tax ratios exceed a prescribed threshold ratio) will be permitted to apply a municipal tax increase to those classes, but the tax increase may not exceed 50% of any tax rate increase levied on the residential class. The current legislative and regulatory framework governing the setting of municipal property tax rates is too restrictive, The government believes it is important to give municipalities the flexibility to make tax policy choices that are sensitive to their local circumstance. Resolution #C-169-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-2 be received for information, "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 3 T03.GE 1-4 F22.GE 1-10 C06.NE - 15 - April S, 2004 Mayor David Miller, City of Toronto, writing to the Honourable David Caplan regarding the Greater Toronto Transportation Authority. Toronto City Council is requesting that the Province of Ontario consult with Toronto, the TIC and other municipalities and transit operators in the GTA on the scope, mandate, role and powers of such an authority, Resolution #C-170-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 3 be endorsed. "CARRIED" News Release from the Ministry of Finance advising Council that the government is addressing the property tax concerns of three groups facing new assessments or classification - Maple syrup producers, trailer park owners, and trailer park occupants. The Government has directed MPAC to suspend further changes for the maple syrup producers and have cancelled assessments issued in November, 2003 for trailers in seasonal campgrounds. They are committed to establishing clarity and uniformity in property assessment and classification by working with Ontarians. Resolution #C-171-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-4 be received for information. "CARRIED" Frank Hoar, Secretary, Newcastle Bond Head Ratepayers' Association, advising Council of their support of the resolution to make the Regional Chair's position an elected Office. Resolution #C-172-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 10 be referred to the Municipal Clerk's Department. "CARRIED" . . . Council Minutes COMMUNICATIONS I -11 D06,GE 1-13 C06.CO - 16- April 5, 2004 Jim Bradley, Minister of Tourism and Recreation, advising Council of the vital role of the tourism industry has in contributing to Ontario's economic health and well being, The government believes that a strong tourism sector creates vitality in our cities and towns and helps support local businesses and jobs. By encouraging tourism development, a municipality is actually encouraging economic development in other sectors. The government has committed $30 million to help our tourism industry and communities bring visitors back to Ontario. Resolution #C-173-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item I - 11 be referred to the Director of Corporate Services. "CARRIED" Jennifer Sherlock and Ian Smith, Courtice Business Association, thanking Council and interested parties for their participation over the past five years. Due to the growth of new organizations in the Courtice area they do not feel the Association, in its present format, is continuing to serve a vital role and will end their monthly meetings, The Courtice Business Association will stay alive as issues may arise in the future, Resolution #C-174-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 13 be received for information. "CARRIED" Resolution #C-175-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 8 to D - 13, inclusive, "CARRIED" . . . . Council Minutes COMMUNICATIONS D-1 M02.GE D-2 M02.GE D-3 M02,GE D-4 DOO.GE - 17- April 5, 2004 David Staples, Great Canadian Town Band Festival, requesting Council's approval to hold a parade, in Orono, on Saturday, June 19th, 2004. The parade route leaves the Orono Fairgrounds at 10:00 a.m. to Centreview Street, along Main Street to Station Street turning on Leigh Street arriving at Sylvanus Gardens at approximately 11 :00 a.m. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) David Staples, requesting Council's approval to hold the annual parades associated with the Durham Central Fair - Orono as follows: . Elementary School Parade - Friday, September 10th, 2004; and . Fair Parade - Saturday, September 11th, 2004, (Approved provided the organizers apply for and obtain a Road Occupancy Permits from the Engineering Services Department) Rev. Barry Taylor, Senior Pastor, Trulls Road Free Methodist Church, requesting Council's approval to hold a "Police and Emergency Services Appreciation Parade" on Saturday, June 19th, 2004. This church service is to honour the men and women for the work they perform for our community and to say thank-you, (Approved provided the organizers apply for and obtain a Road Occupancy Permits from the Engineering Services Department) Udo and Heather Stevens, 3166 Hancock Road, Courtice, L 1 E 2M1, advising Council of development concerns. Proposed development may bring devastation to the wetlands, plow through farmlands (which are viable for crops) and put the Highway 407 in our front yard. (Correspondence referred to the Director of Planning Services Department) . . . . , Council Minutes COMMUNICATIONS D-5 C10.MO - 18 - April 5, 2004 Sandra Kranc, City Clerk, The Corporation of the City of Oshawa, advising Council that on March 15,2004 Oshawa Council passed the following resolution: "1 , That Report OS-04-52 dated February 4, 2004, from the Commissioner of Operational Services be received for information, and for the reasons outlined in Report OS-04-52: (a) There be no universal implementation of 40 km/h speed limits on streets under the City's jurisdiction, except in the vicinity of schools and in front of all parks on City streets; That City representatives work cooperatively with the Durham Regional Police Service, the Region of Durham and the area municipalities to find ways to achieve a better level of compliance with existing speed limits through engineering, education initiatives, and the provision of a higher level of regular enforcement. (b) 2. That copies of Report OS-04-52 be sent to: (e) (f) (a) (b) (c) The Region of Durham Durham Regional Police Service All area municipalities in Durham Region, and they be requested to support a co- operative approach to find ways to enhance a higher level of compliance with existing speed limits in the Region of Durham Ontario Minister of Transportation with a request to place the highest priority on the legislation required to enable municipalities to use photo radar John O'Toole, MPP Durham, 75 King Street East, Bowmanville L1C IN4 and Jerry Ouellette, MPP Oshawa, 170 Athol Street East, Oshawa L1H IKI, for information, and Susan Shetler, 53 Taunton Road East, Oshawa." (Correspondence referred to the Director of Engineering Services) (d) . . . Council Minutes COMMUNICATIONS D-6 C10.MO D-7 S08.GE D-8 M02,GE - 19- April 5, 2004 p, M. Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24, 2004, Regional Council passed the following resolution regarding the Ontarians with Disabilities Act, 2001: "a) THAT the recommendations and comments contained in Report #2004-COW-04 of the Chief Administrative Officer be endorsed as the Region's response to the provincial consultation process; b) THAT Report #2004-COW-04 of the Chief Administrative Officer be forwarded to the Minister of Citizenship and Immigration as Durham Region's submission for the provincial consultation process on Ontarians with Disabilities Act, 2001; and c) THAT Report #2004-COW-04 of the Chief Administrative Officer be forwarded to the local area municipalities for their information." (Correspondence referred to the Municipal Clerk) Karen Monaghan, Communication, Community Relations & Public Affairs Officer, Lakeridge Health, requesting the proclamation of the week of May 10, 2004 as "Nursing Week" to honour all nurses, (Proclaimed) Liz Sandals, MPP, Co-Chair, Ontario Crime Control Division, requesting Council to nominate up to three individuals for the Commission's "2004 Award of Excellence for Fighting Crime". Nominations close April 30, 2004. Resolution #C-176-04 Moved by Councillor MacArthur, seconded by Councillor Shell THAT Staff Sergeant Bruce Townley and Detective Kim Bolluck of Durham Regional Police Services be nominated for the 2004 Award of Excellence for Fighting Crime. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 9 F22.GE D -10 F22.GE D - 11 E05.GE - 20- AprilS, 2004 Leah Casselman, President, Ontario Public Service Employees Union, requesting Council's support for the Ontario Public Service Employees Union's concerns regarding 'Improving Service Quality at the Municipal Property Assessment Corporation' and request a review of the Municipal Property Assessment Corporation's practices. OPSEU is asking that new properties get onto assessment rolls in a timely fashion and has corresponded with Greg Sorbara, Minister of Finance to conduct an independent review on this issue. Resolution #C-177-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 9 be received for information. "CARRIED" John Hogg, PresidenVCEO, Cole Layer Trumble Canada Inc" requesting Council, by way of a resolution to support the concept of a competitive property assessment system in Ontario and forward the resolution to the areas local MPP as well as Greg Sorbara, Minister of Finance and themselves. Resolution #C-178-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Correspondence Item D - 10 be received for information. "CARRIED" Mayor Robert S. Macisaac, Chair, Greenbelt Task Force, requesting Councils' input on greenbelt issues to shape a public consultation document that will cover a number of themes, including agricultural protection, the Niagara tender fruit and grape lands, environmental protection, infrastructure and transportation, mineral aggregates and recreation and tourism opportunities for the Golden Horseshoe. Municipalities can become involved by attending a meeting specifically for municipal officials or attending one of the regionally dispersed stakeholder workshops, or attending public meetings during the consultation period in May and June, 2004, or writing a letter to the Minister of Municipal Affairs and Housing or the Task Force expressing the municipality's views on future greenbelt protection. . . . Council Minutes COMMUNICATIONS D - 12 C10.MO D - 13 C12,GE - 21 - April 5, 2004 Resolution #C-179-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 11 be referred to the Director of Planning Services. "CARRIED" P. M. Madill, Regional Clerk, The Regional Municipality of Durham, advising Council that on March 24, 2004, Regional Council passed the following resolution: "a) THAT the proposed by-law, Attachment #1 to Report 2004-J-11 of the Commissioners' of Finance and Works, providing for the transfer of the lower-tier power, relating to residential solid waste collection in the City of Pickering, to the Region of Durham be presented to Council and enacted; and b) THAT the enacted by-law be forwarded to the Councils of the lower tier municipalities requesting resolutions consenting to the by-law," Resolution #C-180-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution of The Regional Municipality of Durham regarding the Transfer of Residential Waste Collection responsibility from the City of Pickering to the Regional Municipality of Durham be endorsed and the passage of the proposed by-law be approved. "CARRIED" Evelyn R. Smith, Executive Director, Social Development Council, Ajax-Pickering, extending an invitation to members of Council to become a member of the Council Board for the Community Development Council Durham. Meetings take place on the last Wednesday evening of each month in Ajax. It is a welcomed challenge to explore the issues facing each municipality. . . . ,. Council Minutes COMMUNICATIONS NOTICE OF MOTION REPORTS Report #1 G.P.A. Report March 29, 2004 Item #8 Seniors' Snowclearing Program - 22- April 5, 2004 Resolution #C-181-04 Moved by Councillor Pingle, seconded by Councillor Trim THAT Correspondence Item D - 13 be received for information. "CARRIED" Resolution #C-182-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of March 29, 2004, be approved with the exception of Item #8 and Item #20. "CARRIED" Resolution #C-183-04 Moved by Councillor Shell, seconded by Councillor MacArthur THAT Report OPD-001-04 be referred back to staff to allow for investigation into other government agencies to assist with the snow clearing program. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Councillor Foster Councillor MacArthur Councillor Pingle Councillor Robinson Councillor Shell Councillor Trim Mavor Mutton Yes .J .J ...r ...r ,{ ...r ...r No . . . " Council Minutes REPORTS Item #20 Clarington Firearms Committee Report #2 Order To Restrain - 23- April 5, 2004 Resolution #C-184-04 Moved by Councillor Pingle, seconded by Councillor Trim THAT the delegation of Tom Vendrasco, Clarington Firearms Committee be referred to the Municipal Clerk's Department. "CARRIED" Resolution #C-185-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report CLD-014-04 be received; and THAT the Order to Restrain served on Don Gibson be upheld. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #C-186-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Orders to Restrain served on Don Gibson be amended by deleting the requirement for the dogs to be microchipped. "CARRIED" Resolution #C-187-04 Moved by Councillor Pingle, seconded by Councillor Schell THAT the Orders to Restrain, as amended, served on Don Gibson be in effect for a one-year period, expiring April 5, 2005. "CARRIED" The foregoing Resolution #C-185-04 was then put to a vote and CARRIED AS AMENDED. . . . '. Council Minutes April 5, 2004 - 24- REPORTS Report #3 Resolution #C-188-04 Funding Moved by Councillor Pingle, seconded by Councillor MacArthur Tapp C Program THAT Report ESD-007-04 be received; THAT the amount of $2,374,36 required for the TAPP-C Program in 2004, be drawn from the Fire Prevention Reserve Account No. 100-00-000-00000-2908 (formerly 2900-8-x); and THAT a new line item for this funding be set up for future Current Budgets. "CARRIED" Report #4 Resolution #C-189-04 Consulting Moved by Councillor Robinson, seconded Councillor Ping Ie Services Commercial Policy THAT Report COD-017-04 be received; Review THAT Meridian Planning Consultants Inc., Barrie, Ontario including their sub consultants Brooks Mcilroy Inc. and urbanMetrics Inc. with a total bid in the amount of $125,780.00 (plus GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2004-2, be awarded the contract for the consulting services for the Commercial Policy Study and the Bowmanville West Main Central Area Secondary Plan Review as required by the Planning Services Department; THAT Totten Sim Hubicki Inc. be awarded the transportation component of the study under the existing municipal contract for an amount of $26,200,00 (plus GST); THAT West Diamond Properties Inc. and Players Business Park LId, and Valiant Property Management contribute $106,980.00 towards the Commercial Policy Review and Bowmanville West Main Central Area Secondary Plan Review Account for payment of consulting services; THAT the traffic and transportation growth-related component of the study, being $23,842,00 be drawn from Roads and related Development Charges Reserve Fund; . . . , ',. Council Minutes REPORTS Report # 5 Ridge Pine Park Inc. - 25 - April 5, 2004 THAT the planning growth-related component of the study, being $13,893.00, be drawn from the Development Charges General Government Reserve Fund; THAT the non-growth-related portion not eligible for development charges financing, being $7,265.00, be drawn from the Planning Department Consulting Budget; THAT the By-law attached to Report COD-017-04 as Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement be approved; and THAT the By-law attached to Report COD-017-04 as Schedule "B" authorizing the Mayor and Clerk to execute an agreement regarding the use of securities for the funding of the Study with West Diamond Properties Inc" Players Business Park LId, and Valiant Property Management LId be approved. "CARRIED" Resolution #C-190-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Staff Report PSD-039-04 be received; THAT the Mayor and Clerk be authorized on behalf of the Municipality to execute a Notice of Assignment of Lessor's Interest for the Leases referred to in the Lawrence, Lawrence, Stevenson LLP letter dated February 10, 2004; THAT the By-law attached to Staff Report PSD-039-04 be approved by Council; and THAT all interested parties listed in the Report and any delegations be advised of Council's decision. "CARRIED" Report # 6 was distributed to Council as a handout. ". 't,. _" , . Council Minutes REPORTS Report # 6 Aspen Springs West Ltd. . OTHER BUSINESS . - 26- April 5, 2004 Resolution #C-191-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Staff Report PSD-040-04 be received; THAT the application submitted by Aspen Springs West Ltd. To remove the Holding (H) symbol be approved for Lots 1 to 41, 60 to 78 and Blocks 79, 80 and 84 all on plan 40M-2185; THAT the by-law attached to Report PSD-040-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-040-04 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-192-04 Moved by Councillor Shell, seconded by Councillor Robinson WHEREAS Council authorized the execution of an agreement dated the 26th day of September, 2003 between Ontario Power Generation Inc., the Municipal Property Assessment Corporation, and the Corporation of the Municipality of Clarington regarding the settlement of outstanding property assessment appeals from April 1 , 1999 through to December 31 , 2002; WHEREAS the aforementioned agreement requires regulations under the Assessment Act to be made in order to effect the agreement; WHEREAS the proposed draft regulations required review and acceptance by the Province; WHEREAS the review of the agreement and draft regulations resulted in some minor revisions and format changes; . . . . " ..... " Council Minutes OTHER BUSINESS - 27- April 5, 2004 NOW THEREFORE BE IT RESOLVED that the Mayor and Clerk be authorized to execute the amending agreement with the amended regulations in the form satisfactory to the Municipal Treasurer; THAT the Minister of Finance be requested to issue the regulations as attached to the amending agreement to facilitate the resolution of the property assessment appeals; and THAT a copy of this resolution be forwarded to the Minister of Finance and all parties to the agreement. "CARRIED" UNFINISHED BUSINESS BY-LAWS Resolution #C-193-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the delegation of Bruce Ellis be received; THAT Staff be directed to initiate an amendment to the Municipality of Clarington Zoning By-law 84-63 to delete 'commercial kennel' from the list of permitted uses within the Agricultural (A) zone; and THAT the concems of Mr. Ellis related to the operation of a kennel be referred to the Municipal Clerk's Department. "CARRIED" Resolution #C-194-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-075 to 2004-086 inclusive, and that the said by-laws be now read a first and second time: . . . ~- ~ -. .. Council Minutes BY-LAWS - 28- April 5, 2004 2004-075 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems 2004-076 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 2004-077 being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Animal Licencing Services Inc, 2004-078 being a by-law to regulate the drainage from private swimming pools, ponds, artificial ice rinks and sump pumps 2004-079 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 2004-080 being a by-law to cause a Joint Health and Safety Committee be established and maintained in accordance with the Occupational Health and Safety Act and to cause workers at various workplaces to select Health and Safety representatives for the purposes of the Act and to repeal By-law 99-145 and By-law 96-62 2004-081 being a by-law to amend By-law 84-63, the comprehensive Zoning By-Law for the Corporation of the former Town of Newcastle (Applicant: Aspen Springs West Ltd.) 2004-082 being a by-law to amend By-law 84-63, the comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington (Applicant: Massey Building) 2004-083 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Meridian Planning Consultants Inc., Barrie, Ontario, to enter into agreement for the Commercial Policy Review and Market Impact Study, Bowmanville West Main Central Area Secondary Plan Review . . . . . '"" . Council Minutes BY-LAWS OTHER BUSINESS - 29- April 5,2004 2004-084 being a by-law to authorize entering into an Agreement between West Diamond Properties Inc., Players Business Park Ltd., Valiant Property Management and the Corporation of the Municipality of Clarington in respect of funding for the Commercial Policy Review and Bowmanville West Main Central Area Secondary Plan Review 2004-085 being a by-law to authorize the Mayor and Clerk to execute on behalf of the Municipality of Clarington a Notice of Assignment of Lessor's Interest in Leases within Ridge Pine Park Inc. 2004-086 being a by-law amend an Agreement between Ontario Power Generation Inc, Municipal Property Assessment Corporation and the Corporation of the Municipality of Clarington Resolution #C-195-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-075 to 2004-086, inclusive, be approved. "CARRIED" Councillor MacArthur advised Council that Earth Day celebrations will be held at the Samuel Wilmot Nature Area on April 1 yth, 2004. Displays will consist of live raptors and various birds of prey and the unveiling of the Lovekin Memorial. Also, Councillor MacArthur congratulated the Museum Board for the tremendous display of doll collections and pianos at the Musuem. Councillor Trim informed Council that on Saturday, April 24th, 2004 the Lions Club young teens, the Leo Club, will clean up the Lions Trail and Foster Creek. Councillor Robinson thanked staff for their efforts during "Farm Safety Awareness Day' held April 3rd, 2004. It was a great success. . . . , '-1,.- ~ . " Council Minutes OTHER BUSINESS - 30- April 5, 2004 Councillor Robinson stated Regional Chair Anderson's comments regarding the widening of Taunton Road is of top priority. Mayor Mutton advised that 1 % of the Regional budget has been dedicated to a special road levy resulting in $2.3 million being included in the budget, allowing the capital plan to be achieved sooner. The Director of Engineering Services will request a report from the Regional meeting. Mayor Mutton stated that staff did an excellent job at the Community Forum, The residents enjoyed being able to walk in the room and receive answers right away. The public appreciated this opportunity and Mayor Mutton thanked Council and staff. CONFIRMING BY-LAW Resolution #C-196-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2004-087 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the Sth day of April 2004, and that the said by-law be now read a first and second time, "CARRIED" Resolution #C-197 -04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2004-087 be approved, "CARRIED" . . . c . .... Council Minutes ADJOURNMENT - 31- April 5, 2004 Resolution #C-198-04 Moved by Councillor Robinson, seconded by Councillor Shell THAT the meeting adjourn at 8:10 p.m. "CARRIED"