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Home My WebLink About03/20/2006 I I I I I I I I I I I ~' ) I f t', I' t r " lLarlPgton DATE: MONDAY, MARCH20,2006 'TIME: '7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ' ROLL CALL , DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING a) Minutes of a meeting of Council held ,on February 27,2006, , , b) Minutes of a special meeting of. Council held on' March 1, 2006 PUBLIC MEETING A public meeting, is being held to consider the passage of a by-law to stop up and close a portion otan unopen road allowance situated between Lot 12 and Lot 13, Broken Front Concession in the for~er Town of Bowmanville, now in,the Municipality of Clarington. DELEGATiONS a) -Libby Racansky - 2006 Budget b) c) d) e) Richard Ward - Property Standards Order John Jawors,ki - Drainage Concern , Deana McDuff - Drainag~ Concern Myno Van Dyk - Correspondence Item D - 18 Vic Suppan - Correspondence Item D -18, f) CORPORATION OF THE MUNICIPALITY OF CLARINGTOI 40 TEMPERANCE STREET. BOWMA'NVILLE. 'ONTARIO L 1C 3A6 T (905) 623~337 Council Agenda -2- March 20, 2006 ' I I I ,I ,I ,I I I I I I I I I I I I I I , . COMMUNICA TI.oNS .' " Receive for Information' 1- 1 Debbie' Leroux,Clerk, Township of Uxbridge- Election of Regional Chair I - 2 Dick O'Brien, Chair, Toronto and Region Conservation Authority - Clean Water Act, 2005 I - 3 David' Kingston, OMERS' Board Chair - Bill 206, An .Act to revise the Ontario' " Municipal Employees Retirement SystemAct I - 4 Co~lition for Nuclear Energy - Environmentalists for Nuclear Energy , . I -5 Minutes of the Local Arc~itectural Conservation Advisory Cornrnittee l)1eeting dated February 21, 2006 I - 6 George Graham, Clerk-Administrator, Township of Brock - Places to Grow: Better Choices, Brighter Future Proposed Growth Plan for The Greater Golden Horseshoe I - 7 J.R.' Powell, Chief Administrative Officer, Central Lake Ontario Conservation - 2005 Year ln Review ' I - 8 Dr. (3 reg Flynn, President, Ontario Medical Association - Ontario MediaiJ Review I' - ~ Larry McCabe, Secretary- Treasurer~' Ontario Small Urban Municipalities - 2006 OSUM 53rt1 Annual Conference and Trade Show " " , '. I - 10, Minutes of the Central Lake Ontario Conservation Authority meeting dated January ,17, 2006 ' , , , '1- 11 Minutes of the Central Lake' Ontario Conservation Authority meeting dated , February 14, 2006 , , '1-12 John Gerretsen, Minister, Municipal Affairs and H6using,- Length of the Term of Office for Municipal Councillors and School Trustees I - 13 Kawartha Conservation - March/April 2006 Update on Conservation ,1-14 'Carolyn MacDonald, Durham Lives! Project Coordinator - 2005-2006 Eat Smartl Dining, Guide, and Poster I -' 15' Lakeridge Health - BalanCed Budget Submission , 'I - 16 Dave Goulding. President and CEO, Independent Electricity System Operator - ' Ontario Reliability Outlook Publication ' r J I I l I I I I ! ! [ I ! I ! I I I Council Agenda - 3 - March 20, 2006 I - 17 Minutes of the Port Granby Project Discussion Group Inaugural Meeting dated January 16, 2006 I - 18 Debi Bentley, City Clerk, City of Pickering - Regulation of the Sale and Possession of Replica Firearms and Imitation Firearms 1-19 Roger Anderson, Co-chair of the GTAH Mayors and Regional Chairs Group - Replica , and Imitation Firearms By-law 1-20 Susan Grigg, Park Planner, Ontario Parks, South Eastern Zone - Peter's Woods Provincial Nature Reserve and the Burnley-Carmel I - 21 Burkhard Mausberg, Executive Director, Friends of the Greenbelt Foundation - Grant Program Guidelines Receive for Direction D - 1 Douglas Newson, Director, Central Region, Statistics Canada -,Census Day D - 2 AI Storie - 4th Annual Alfie Shrubb 8K Museum Classic D - 3 Lynda Shepherd, Administrative Assistant, The Canadian Hearing Society - Hearing Awareness Month D - 4 Laurie Lazenby, Secretary, Navy League of Canada, Bowmanville and District Branch, Royal Canadian Sea Cadet Corps #279 - Sea Cadet Tagging 'D - 5 Dr. David Wardlaw, Chair, Sci-TechOntario - Youth Science Month in Canada ,D - 6 Paul Siemon, Hands in Motion - The Clarington Terry Fox Run D - 7 John Durant, Associate Executive Director, Child Find Ontario - Green Ribbon of Hope and National Missing Children's Day D - 8 William Harford, Chair, Day of Mourning Committee, Durham Region Labour Council - Day of Mourning D - 9 Bill Newman, President, Board of Directors, Alzheimer Society Durham - 15th Annual Alzheimer Society of Durham Region Chocolate Lovers' Luncheon D - 10 David Climenhage - Resignation from the Clarington Museum Board D - 11 Mayor Barbara Kelly, City of Kawartha Lakes - Use of Municipal Property Tax Dollars D - 12 Mayor Barbara Kelly, City of Kawartha Lakes - Source Water Protection Council Agenda -4- March 20, 2006 I I I I I I I I I I I I I I I I I I I D - 13 Mayor Barbara Kelly, City of Kawartha Lakes - Municipal Property Assessment , Corporation D - 14 Debi Bentley, City Clerk, City of Pickering - Nuclear Liability Act D - 15 P.M. Madill, Regional Clerk, Region of Durham - Family Physicians D - 16 Chris Somerville, Township Clerk, Township of King - Ontario Farmland Trust D - 17 Marion Koepke, Deputy City Clerk, City of Owen Sound - Municipal Financial Crisis D - 18 Local Architectural Conservation Advisory Committee - Wall bridge House D - 19 Patrick (Sid) Ryan, President, CUPE SCFP - Early Learning and Care - Best Start Plan D - 20 David Byrne -Intercordia Canada Financial Request D - 21 Carolyn Downs, City Clerk, City of Kingston - Portsmouth Community Correctional Centre MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of March 3, 2006 2. General Purpose and Administration Committee Report of March 6, 2006 3. Report CLD-008-06 - Private Parking Enforcement 4. Report PSD;.032-06 ~ Approval of Expropriation, Under the Expropriations Act, Respecting the Proposed Expropriation of 46 East Beach Road, Bowmanville 5. Confidential Report EGD-014-06 - Property Matter 6. Confidential Verbal Report of the Solicitor - Legal Matter UNFINISHED BUSINESS r I I I I f I I l I I I I ( I I I I I Council Agenda -5- OTHER BUSINESS a) Committee Appointments: i) Clarington Accessibility Advisory Committee ii) Clarington Traffic Management Advisory Committee iii) Local Architectural Conservation Advisory Committee iv) Samuel Wilmot Nature Area Management Advisory Committee v) Clarington Highway 407 Community Advisory Committee (Information to be distributed under separate cover) b) Regional Update c) Boards and Committees Update BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT March 20, 2006 ~lNi[JglOO Council Meeting Minutes February.27, 2006 Minutes of a regular meeting of Council held on February 27, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Manager, Engineering Services, L. Benson (attended until 7:38 p.m.) Director of Community Services, J. Caruana (attended until 7:38 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano (attended until 7:38 p.m.) Director of FinancefTreasurer, N. Taylor (attended until 7:38 p.m.) Director of Emergency Services, G. Weir (attended until 7:38 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 7:38 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item #3 of Report #1 and By-law 2006-036. Council Meeting Minutes -2- February 27, 2006 MINUTES Resolution #C-079-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on February 13, 2006, be approved. "CARRIED" PRESENTATION Mayor Mutton on behalf of the Governor General presented the following firefighters the Exemplary Service Medal (20 years of service): Bill Reid Mark Berney Bill Hesson Gord Weir Mayor Mutton presented the Provincial Medal for 25 years of service to the following firefighter: John Pittens DELEGATIONS Eva Martin Blythe, Executive Director and Linda Lyons, Women of Distinction Committee, YWCA Durham requested Council to submit nominations for the 'Women of Distinction" event taking place on Thursday, May 11, 2006, at the Deer Creek Golf and Banquet Facility in Ajax. The deadline for nominations is March 31, 2006. Lisa Corkery appeared before Council to request that the minimum age of participation at the Courtice Community Fitness Centre be changed from 13 to 7. She noted that working out at the Complex and the encouragement of the fitness trainers have helped her change her life. Mrs. Corkery is requesting this change to help stop obesity in children. Kevin Tunney advised prior to the meeting that he would not be in attendance. Cory Whittle was called put was not present. George Beecher was called put was not present. Council Meeting Minutes .3. February 27, 2006 OELEGA TIONS Report #2 - Confidential Report CLD-004-06 - Personnel Matter Report #3 - Confidential Report CLD-006-06 - Personnel Matter Resolution #C-080-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the agenda be altered to allow for the consideration of Confidential Reports CLD-004-06 and CLD-006-06 at this time. "CARRIED" Resolution #C-081-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Reports CLD-004-06 and CID-006-06 be received; and THAT the usual municipal practice be approved. "CARRIED" COMMUNICATIONS Resolution #C-082-06 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 1- 8 and 1- 10. "CARRIED" I - 1 H04.GE Gary Dussledorp, President, Local 3139, Clarington Firefighters Association, writing to Council regarding Bill 206 - The Ontario Municipal Employees Retirement System Act, 2005. The Association feels that it is important to clarify the matter of costs as they relate to "optional benefits" as described within the Bill for the police, fire and paramedic sectors. Bill 206 was amended (Section 10.1) to limit the number of benefits available to three areas, increased accrual rate (2.33%), retirement factors (80 or 85 factor) and, better averaging salary formula (best 4 years or best 3 years). AMO still insists to count on a wide variety of costly benefits that are not prescribed within the Bill (i.e. 25 and out). Accessing these benefits will not even be a reality until 2008, should the Bill pass this spring. Council Meeting Minutes -4- February 27, 2006 COMMUNICATIONS 1-2 T04.HW 1- 3 D02.GO 1- 4 1-5 C06.AG Further Bill 206 limited the parties to negotiating only one benefit every 36 months. It is also important to note that the employee will be responsible for 50% or the same cost associated with the benefit as the employer thereby limiting the desire due to our own financial restrictions. It is their hope that Council will no longer support AMO's continued attempts to mislead the public about the financial effects of this legislation. The Honourable Harinder Takhar, Minister of Transportation, writing to John O'Toole, MPP, Durham, regarding the completion of Highway 407 in Durham Region. Mr. Takhar understands that regional ministry officials advised Durham Region that the completion of the 407 East Environmental Assessment (EA) study is a priority and that the ministry is proceeding with the individual EA. In January 2005, the Minister of the Environment approved the Terms of Reference for the study. They are currently moving forward with the next phase of the EA study, which will examine all opportunities, including roads and transit, to address transportation needs in Durham Region and the surrounding areas based on a 30-year planning horizon. He also understands that Durham Region was made aware that this study would take approximately three years to complete due to its size and complexity. Once an EA approval is obtained, the design and construction phase can be planned and opportunities for acceleration can be explored. Debi Bentley, City Clerk, City of Pickering, providing Council with a copy of their Report PD 09-06, Places to Grow - Better Choices, Brighter Future. Proposed Growth Plan for the Greater Golden Horseshoe. Rick Lea, Executive Director, Durham Region Local Training Board, providing Council with a copy of the final Durham Region Trends, Opportunities & Priorities (TOP) Report 2005. Based on community consultations last fall, the report highlights nine key training and adjustment issues for the region, current and proposed actions to address these needs, and a status report indicating progress on each issue. It is the foundation document for our community labour force planning efforts. Minutes of the Agricultural Advisory Committee of Clarington meeting dated January 12, 2006. Council Meeting Minutes -5- February 27, 2006 COMMUNICATIONS 1-6 E06.VE 1-7 A04.GE 1-9 M02.GE I - 11 C06.CL 1-12 F22.GE Brian Hewson, Chief Compliance Officer, Ontario Energy Board, writing to Council regarding the quality of electricity service by Hydro One and the possible assumption by Veridian Connections of the Hydro One Networks service area within the Municipality. In response to a Council Resolution of the Municipality received at the Ontario Energy Board on January 31, 200S, regarding concerns in Bowmanville, the Compliance Office had contacted Veridian and Hydro One. Both companies indicated that discussions on steps to be taken to address reliability were underway. With regard to the acquisition of Hydro One's service area, this is a matter between the distributors. Once an agreement is reached an application may be made to the Board under the Ontario Energy Board Act for approval of the sale and necessary amendments to service areas. The Board does not have authority to undertake such actions on its own motion. John Adams, Mayor, Municipality of Leamington, OSUM, inviting Council to the 53rd Annual OSUM Conference and Trade Show being held from May 3 - S, 2006. Dr. Leith Douglas, thanking Council for the beautiful portrait of Dr. Tilley. Dr. Douglas advises that he will present the portrait to the Ross Tilley Burn Centre in the near future. Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated February 8, 2006. The Honourable Dwight Duncan, Minister of Finance, advising Council of important decisions for the 2006 taxation year related to education tax rates and municipal flexibility in setting tax policy. The government is again holding the line on education taxes ensuring that, on average, homeowners and businesses will not see an increase in the education portion of their property tax bills. The uniform residential education tax rate will be lowered to offset the average increase in residential assessed values across the province. The business education tax rates for 2006 will also be reset to account for the results of the 2006 reassessment on a municipality-by-municipality basis. The government will also provide municipalities with the flexibility they need to manage the impacts of the 2006 reassessment. Municipalities will be able to use this flexibility to avoid reassessment-related tax shifts among property classes and ease the property tax burden on residential property taxpayers. Also for 2006, municipalities with property classes subject to the levy restriction will have the flexibility to apply a municipal tax increase to those classes of up to SO percent of any increase applied to the residential class. Council Meeting Minutes -6- February 27, 2006 COMMUNICATIONS 1-13 C06.KA 1-14 C06.SA 1-15 C06.CL 1-16 C06.CL 1-17 M02.GE 1 - 18 D02.GO 1-8 C06. GA Minutes of the Kawartha Conservation Authority meeting dated January 18, 2006. Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting held on January 10, 2006. Minutes of the Clarington Agricultural Advisory Committee meeting dated February 9, 2006. Minutes of the Clarington Older Adult Association Board of Directors meeting dated February 10, 2006. Willie Woo and Donna Metcalf-Woo, Clarington Polar Bear Swim Organizers, thanking Council for their support and especially staff of Clarington Fire Station #2, who volunteered their time to ensure that any emergency situation would be capably handled at the 4th Annual Clarington Polar Bear Swim. D. Miller, Mayor, City of Toronto, providing Council with a copy of their report on the Proposed Growth Plan for the Greater Golden Horseshoe. Minutes of the Ganaraska Region Conservation Authority meeting dated February 17, 2005. Resolution #C-083-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-8 be received for information. "CARRIED" I - 10 Association of Municipalities of Ontario, advising Council that the Minister of Community and Social Services, Sandra Pupatello, announced changes to the Ontario Disability Support Program (ODSP) that are aimed at improving employment opportunities for ODSP recipients and their families. These include child care support, health benefits and an opportunity for clients to keep more of what they are earning. It can be expected that municipalities will be responsible for cost sharing a number of the employment incentives and that increased administrative costs will likely also result. While AMO supports the Government's efforts in improving the lives of people receiving social assistance, fundamentally, AMO is opposed to what is increasingly recognized as bad public policy-namely municipalities funding a service that is a provincial responsibility. Council Meeting Minutes -7- February 27, 2006 COMMUNICATIONS Municipalities continue to be exposed to provincial costs for a program that they have no control over through the current provincial-municipal cost share of the ODSP. Resolution #C-084-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the position of the Association of Municipalities of Ontario regarding the Ontario Disability Support Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-085-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 2 and D - 5 to D - 10, inclusive. D - 1 M02.GE D-3 E07.RA D-4 E07.RA "CARRIED" Joan Paul, Secretary, Kendal Community Care, requesting Council's approval to hold a parade on Kendal Day, July 15, 2006. (Approved provided the organizations apply for and obtain a Road Occupancy Permit) Gary Vandergaast, Port Granby Project Manager, AECL, Low-Level Radioactive Waste Management, writing to Dr. Sarwan Sahota, answering questions pertaining to the South East Clarington Ratepayers' Association. (Correspondence forwarded to the Director of Planning Services) Gary Vandergaast, Port Granby Project Manager, AECL, Low-Level Radioactive Waste Management, writing to John Stephenson addressing the following issues regarding the South East Clarington Ratepayers' Association: . Cover and base are integrated, multi-layer systems; . Similar option assessed and minimal advantages determined; . Capillary drainage system in use worldwide; Council Meeting Minutes -8- February 27, 2006 COMMUNICATIONS D-2 M02.GE · Excavated native till to be separated before use in drainage system; · Base liner construction methods have progressed; and · Reducing differential settlement. (Correspondence forwarded to the Director of Planning Services) Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank parking lot for the following 2006 events: Maple Festival and All That Jazz Friday, May 5 at 8:00 p.m. (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 6, at 7:30 p.m. Fabulous Fifties Festival Friday, June 23 (Temperance Street from King Street to Church Street from 4:00 p.m. until 9:45 p.m.) and as above on Saturday, June 24 from 5:00 a.m. until 8:00 p.m. August Midnight Madness Friday, August 11 from 5:00 p.m. until August 12 at 12:30 a.m. Apple Festival and Craft Sale Friday, October 13 (Temperance Streetfrom King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.), and as above from 9:00 p.m. until Saturday, October 14 at 8:00 p.m. Moonlight Magic Evening Friday, December 1 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 6:00 p.m. until December 2 at 12:30 a.m. In addition, in order to facilitate their newest event, the Easter Egg Hunt and Lion's Club Easter Brunch, he is seeking permission to close the 20 King Street East parking lot from 7:00 a.m. until 3:00 p.m. on Saturday, April 15. Council Meeting Minutes -9. February 27, 2006 COMMUNICATIONS Mr. Gilpin is also requesting that Council arrange for the in-town bus service to be free during the Apple Festival and Craft Sale from 8:30 a.m. until 5:30 p.m., Saturday, October 14, 2006. Resolution #C-086-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the request for road closures be approved provided the organizers apply for and obtain a road occupancy permit; and THAT the request for free in-town bus service be referred to Durham Transit. "CARRIED" 0-5 C10.MO Karen Landry, Clerk, Town of Halton Hills, advising Council that the Town of Halton Hills on February 6,2006, passed the following resolution: 'WHEREAS FCM and other national organizations have identified that Municipal Infrastructure is under funded by close to 60 Billion dollars; AND WHEREAS under the "Federal Gas Tax Funding" much needed revenue has started to flow for Municipalities to use for items such as roads; AND WHEREAS the "Federal Gas Tax Funding" could provide a stable source of long term funding for Municipalities of all sizes all across Canada; AND WHEREAS the Town of Halton Hills share of the "Federal Gas Tax Funding" is scheduled to be almost 4 Million dollars over the 5 year life of the program; AND WHEREAS the Town presently has over 47 Million dollars in Capital projects in road related projects; AND WHEREAS the program has allowed previously unfunded Road and other capital projects to receive funding and fall within our forecasts; Council Meeting Minutes -10- February 27, 2006 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the Council for the Town of Halton Hills hereby requests that the Government of Canada make the "Federal Gas Tax Funding" for municipalities a permanent program; AND FURTHER THAT the Prime Minister and all Members of Parliament for the Government of Canada are hereby requested to enshrine the "Federal Gas Tax Funding" in legislation; AND FURTHER THAT the permanent amount continue to be raised to a minimum of 5 cents per litre; AND FURTHER THAT the amount per litre be reviewed in the fifth year and any proposed changes be done with input from Groups like FCM and Provincial Municipal Organizations; AND FURTHER THAT this resolution be sent to the Prime Minister and the other party Leaders of the House of Commons for their consideration and support; AND FURTHER THAT this resolution also be forwarded to the Minister of Intergovernmental Affairs, the Minister for Sport, Mike Chong MP Wellington-Halton Hills as well as the other Halton Area MP's for their consideration and support; AND FURTHER THAT it also be forwarded to FCM and AMO for their support and circulation to all member Municipalities." Resolution #C-087 -06 Moved by Councillor Schell, seconded by Councillor Foster THAT the resolution of the Town of Halton Hills regarding Federal Gas Tax Funding be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-6 M02.GE Tom Taylor, Mayor, Town of Newmarket, challenging Council to join him on April 23, 2006, in making a difference in the lives of thousands of our mutual citizens and participate in the upcoming Super Cities WALK for MS. This community-based, family-oriented event takes place each spring, raising more than $5 million across Ontario for multiple sclerosis research and services. He encourages us to join him by forming a team of staff and constituents, family and friends, and other supporters in the community. Mayor Taylor will be making a formal challenge to Mayors across Ontario at the WALK rally on February 4, 2006. Council Meeting Minutes -11- February 27, 2006 COMMUNICATIONS Resolution #C-088-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Tom Taylor, Mayor, Town of Newmarket be advised that the Council of the Municipality of Clarington's participation in the Super Cities WALK for MS. "CARRIED" D-7 C10.MO Agricultural Advisory Committee, advising Council that on February 9, 2006, they passed the following resolutions: a) "THAT a policy be adopted by Council that in the event that a suitable sized culvert is required at a legal existing entrance to a field due to ditching or road improvements, the cost of the culvert and installation be borne by the Municipality." b ) "THAT Clarington Council forward a request to the Region requesting that a policy be adopted by Regional Council whereby in the event that a suitable sized culvert is required at a legal existing entrance to a field due to ditching or road improvements on a regional road, the cost of the culvert and installation be borne by the Region." c) 'WHEREAS farm property owners in Clarington have had the extra burden of increases in property taxes more than other municipalities; and WHEREAS, added to the crisis resulting from low commodity prices and unfair competition of subsidized agricultural imports, and loss of markets caused by B.S.E. disease; and WHEREAS the input costs of energy, labour, taxes etc. have made profitability and sustainability impossible for agriculture; and WHEREAS all levels of government have failed to adequately support agriculture (however, some municipalities have deferred the farm property taxes for 2006 until after harvest in 2006); THEREFORE be it resolved that the Agricultural Advisory Committee request Clarington Council to defer the 2006 taxes on farm properties until after December 1, 2006." Council Meeting Minutes -12- February 27, 2006 COMMUNICATIONS d) "THAT Clarington Council be requested to forward the decision to defer the 2006 taxes on farm properties until after December 1, 2006, to Regional Council for similar action by the Region." Resolution #C-089-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Sections a) and b) of Correspondence Item D - 7 be referred to the Director of Operations; and THAT Sections c) and d) of Correspondence Item D - 7 be referred to the Director of Finance. "CARRIED" D-8 C10.MO Nancy Michie, Clerk Treasurer, Municipality of Morris-Turnberry, advising Council that the Municipality of Morris- Turnberry passed the following resolution: 'WHEREAS, the events of the 2000 water crisis in Walkerton and hurricane Katrina have placed increased pressure on the municipal insurance companies; AND WHEREAS, municipalities are experiencing significant increases in the cost of municipal liability insurance premiums for the year 2006, in the range of 15 - 50%, with some accounts increasing over 50%; AND WHEREAS, a significant factor in the cost of municipal liability insurance relates to the "Joint and Several Liability issue", included in the Negligence Act R.S.O. 1990; AND WHEREAS, there are significant increases which are due to unacceptable claims and costs and judgements, in regards to municipal liability; AND WHEREAS, Ontario municipalities must be accountable to the taxpayer and rising insurance premiums creates a major difficulty for Municipal Councils, to control property tax increases; AND WHEREAS, the Court decisions in Ontario has directed Municipalities and the insurance carriers to pay exorbitant settlements for claims against Municipalities and have mandated a municipality to pay 100% of a loss where a municipality is found to be only 1 % liable; Council Meeting Minutes -13- February 27, 2006 COMMUNICATIONS AND WHEREAS, the Province of Ontario has the ability to amend the Negligence Act to limit a court claim settlement, if a municipality is found only partially liable; BE IT RESOLVED THAT the Council of the Municipality of Morris- Turnberry requests that the Government of Ontario review and amend the Negligence Act R.S.O. 1990, to place limits on court claim settlements, where a Municipality is found only partially liable; AND FURTHER THAT this resolution be forwarded to Premier Dalton McGunity, The Honourable John Gerretsen, the Minister of Municipal Affairs and Housing and the Association of Municipalities of Ontario and to all municipalities in Ontario, for support." Resolution #C-090-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the resolution of the Municipality of Morris- Turnberry regarding the Negligence Act R.S.O. 1990 be endorsed by the Council of the Municipality of Clarington. D-9 SOO.GE "CARRIED" Kirk Corkery, Chair and Tariq Asmi, Executive Director, GTA/905 Healthcare Alliance, advising Council that GTA/905 hospitals once again are not receiving a fair share of funding to locally meet the health care needs of their growing number of residents, but it now appears that there will be neither growth nor any efficiency adjustment for Ontario hospitals. They are requesting Council to ask the Premier and the Minister of ' Health and Long-Term Care, where is the growth funding that was committed to in July 2005? What is Ontario's plan for meeting the health care needs of Ontario's growing population? And, in the bigger picture and of concern, how will Ontario's 30 year plan for growth per Places to Grow succeed and create another generation of economic growth by attracting investment and jobs if these high growth communities do not have local access to health care services? Resolution #C-091-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the position of the GT A/905 Healthcare Alliance regarding the GT A/905 Hospitals be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Meeting Minutes -14- February 27, 2006 COMMUNICATIONS D - 10 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives, advising Council that the Clarington Museums and Archives Board passed a resolution on December 7, 2005, meeting in which they approved the use of $20,000.00 from the Museum Reserve Funds for the purpose of constructing exhibit walls at the Sarah Jane Williams Heritage Centre. The original intent of the Reserve Funds for the Bowmanville Museum was the re-building of the Carriage House in order to alleviate a space shortage for archival storage and exhibits. The Sarah Jane Williams Heritage Centre at 62 Temperance Street has fulfilled this need; consequently, the Museum Board would like to use a portion of these funds to improve the exhibit space in this centre. The new exhibit walls need to be in place for the opening of Window Dressing by Jane Eccles on April 24, 2006. Resolution #C-092-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the resolution of the Clarington Museums and Archives approving the use of $20,000 from the Museum Reserve Funds for the purpose of constructing exhibit walls at the Sarah Jane Williams Heritage Centre be endorsed by the Council of the Municipality of Clarington. "CARRIED" MOTION NOTICE OF MOTION Resolution #C-093-06 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Newcastle Arena Board has committed to repaying an interest free loan to fund the improvements at the Arena; WHEREAS the term of the loan was established for a seven year period; WHEREAS the Newcastle Arena Board would like to extend the time period for an additional two year period in order to be fiscally prudent in setting aside funds for additional capital priorities; Council Meeting Minutes -15- February 27, 2006 NOTICE OF MOTION NOW THEREFORE BE IT RESOLVED THAT the repayment schedule for the interest free loan be extended by an additional two year period and the repayment amounts be adjusted accordingly. "CARRIED" Resolution #C-094-06 Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS the Clarington Green Gaels lacrosse organization fulfills a valuable role in Clarington's sporting community; WHEREAS the Clarington Green Gaels is a non-profit organization; WHEREAS the organization has worked hard to overcome financial hurdles; WHEREAS they have paid in full arrears pertaining to facility rentals; WHEREAS the Clarington Green Gaels have requested that interest charged on overdue accounts that have now been paid be forgiven in the amount of $673.47 NOW THEREFORE BE IT RESOLVED THAT a grant in the amount of $673.47 be approved for the Clarington Green Gaels, on a one-time only basis. "CARRIED" REPORTS Report #1 - General Purpose and Administration Committee Report - February 20, 2006 Resolution #C-095-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of February 20, 2006 with the exception of Item #3 of Report #1. "CARRIED" Councillor Foster stated a pecuniary interest pertaining to Item #3 of Report #1, vacated his chair and refrained from discussion and voting on the subject matter. Councillor Foster's wife works at Newtonville United Church. Council Meeting Minutes -16- February 27, 2006 REPORTS Resolution #C-096-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-020-06 be received; THAT the rezoning application submitted by the Trustees of the Newtonville/Shiloh/ Kendal Pastoral Charge, be approved; THAT the amending By-law attached to Report PSD-020-06 be forwarded to Council for approval; THAT a copy of Report PSD-020-06 and the amending By-law attached to Report PSD-020-06 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-020-06 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-097 -06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Council reconsider Item #31 of the General Purpose and Administration Committee Report of February 20, 2006. "CARRIED" Resolution #C-098-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Application #06-27 - Orono Amateur Athletic Association, be approved for a grant in the amount of $2,000.00. "SEE FOllOWING MOTION" Council Meeting Minutes -17- February 27, 2006 REPORTS Resolution #C-099-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing Resolution #C-098-06 be amended by changing the amount of $2,000.00 to $2,500.00. "MOTION WITHDRAWN" The foregoing Resolution #C-098-06 was then put to a vote and "CARRIED". UNFINISHED BUSINESS Add. to Report PSD-019-06 - Proposed Amendments to the Clarington Official Plan and Zoning By-law and Proposed Clarington Energy Business Park Secondary Plan Resolution #C-1 00-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Addendum to Report PSD-019-06 be received; THAT Official Plan Amendment No. 46 to the Clarington Official Plan as contained in Attachment 2 to Report PSD-019-06 be adopted and that the necessary by-law to passed; THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachment 3 to Report PSD-019-06 be passed to implement Official Plan Amendment No. 46; THAT Council resolves that a further public meeting on Clarington Official Plan Amendment No. 46 and the associated Zoning By-law is not necessary; and THAT the Region of Durham Planning Department, all interested parties listed in Addendum to Report PSD-019-06 and any delegations be advised of Council's decision. "CARRIED" Council Meeting Minutes -18- February 27, 2006 UNFINISHED BUSINESS Resolution #C-101-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Eva Martin Blythe and Linda Lyons, YWCA Durham, regarding the Women of Distinction Gala be referred to the Mayor's Office. "CARRIED" Resolution #C-1 02-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the delegation of Lisa Corkery be referred to the Director of Community Services for preparation of a report to be submitted to the General Purpose and Administration Committee. "CARRIED" OTHER BUSINESS The Regional Update and Boards and Committees Update were referred to the Council Meeting scheduled to be held on March 20, 2006. Resolution #C-1 03-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider a confidential property matter. "CARRIED" BY-LAWS Councillor Foster stated a pecuniary interest with respect to By-law 2006-036, vacated his chair and refrained from discussion and voting on the subject matter. Councillor Foster's wife works at Newtonville United Church. Council Meeting Minutes -19- February 27, 2006 BY-LAWS Resolution #C-104-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2006-036 to 2006-042, inclusive and that the said by-laws be now read a first and second time: 2006-036 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge) 2006-037 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Penwest Development Corporation Ltd.) 2006-038 being a by-law to authorize entering into an agreement with the Owners of 8185 King Road, Haydon, James and Cindy Stewart-Haass and the Corporation of the Municipality of Clarington in respect of minor variance application A2005/040 2006-039 being a by-law to authorize the transfer of an easement shown as Part 6 of Registered Reference Plan 40R-20800 for the purpose of constructing and maintaining a stormwater outfall 0N.E. Roth Construction Limited) 2006-040 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (The Municipality of Clarington) 2006-041 being a by-law to adopt Amendment No. 46 to the Clarington Official Plan (The Municipality of Clarington) 2006-042 being a by-law to adopt Amendment No. 48 to the Clarington Official Plan "CARRIED" Resolution #C-1 05-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2006-036 to 2006-042, inclusive be approved. "CARRIED" Council Meeting Minutes -20- February 27, 2006 CONFIRMING BY-LAW Councillor Foster stated a pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-1 06-06 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-law 2006-043 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of February, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-1 07-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2006-043 be approved. "CARRIED" ADJOURNMENT Resolution #C-1 08-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 8:00 p.m. "CARRIED" MAYOR MUNICIPAL CLERK C~ilJgLon Council Meeting Minutes March 1, 2006 Minutes of a special meeting of Council held on March 1, 2006, at 1 :00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Manger, Engineering Services, L. Benson Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of FinancelTreasurer, N. Taylor Director of Emergency Services, G. Weir Administrative Assistant tothe Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. DELEGATIONS Beth Kelly & Robert Hann, Halloway Holdings advised prior to the meeting that they would not be speaking. Lyn Townsend, Lynda Townsend-Renaud Law appeared before Council on behalf of her clients Halloway Holdings and Home Depot. She noted that her clients are in support of Report PSD-027 -06 and that she is present to answer questions. Council Meeting Minutes -2- March 1, 2006 DELEGATIONS Bryce Jordan, Sernas Associates advised prior to the meeting that he would not be speaking. Brent Clarkson, MHBC Planning Limited advised prior to the meeting that he would not be speaking. Irwin Hamilton, representative of Holburn Biomedical Corporation appeared before Council on behalf of his client Holburn Biomedical Corporation. He commented on the letter by Ronald Stead circulated to Council prior to the meeting and noted that he was in attendance to answer questions. Stan Stein, Osler, Hoskin & Harcourt appeared before Council on behalf of his client Zellers Inc. Mr. Stein advised Council of the history of the planning process involving the Ontario Municipal Board and noted that the decisions of the OMB hearing are being abandoned. He noted that his client has made a significant investment in Clarington and that the Wal-Mart application is inappropriate at this time. Mr. Stein has concerns for the downtown core and noted that Clarington shoppers will still go elsewhere to shop. The historical businesses will start to slide and will not recover. He advised that the municipality's population is not justified for this type of expansion and he is requesting Council to rethink the recommendations contained in Report PSD-027 -06. Ron Hooper, Bowmanville BIA appeared before Council as the Chairman of the Board of Management for Historical Downtown Bowmanville on behalf of all downtown merchants. He thanked staff of the Planning Service Department for conducting meetings and providing him with the necessary information. Mr. Hooper noted that there will be historic consequences for the downtown core should these applications be allowed to proceed. He noted that when the population is large enough to support all the businesses then he would welcome the introduction of the applications. He stated that people who work outside the area will continue to shop outside the area and that downtown Bowmanville will not be able to survive the incline in sales. Valentine Lovekin, Newcastle BIA advised prior to the meeting that he would not be speaking. Gary Thertell, Orono BIA was called but was not present. Council Meeting Minutes -3. March 1, 2006 DELEGATIONS Robert DeGasperis, West Diamond/Players Business advised prior to the meeting that he would not be speaking. Peter Smith, Bousefields advised prior to the meeting that he would not be speaking. Mary Feehely, Walker Nott Dragecivic Associates Limited appeared before Council representing her client A YT Corporation. She noted that they are disappointed in the timing of the meeting and the release of supporting documents. Ms. Feehely advised that her clients object to the recommendation that their application be refused and noted that the proposal offers many benefits to eastern Bowmanville. She noted that her client's uses are compatible with the scientific park and the development will assist with the outflow of expenditures. She is requesting Council not to refuse A YT's application and to direct staff to prepare the Official Plan Amendment and the Rezoning By-laws to be heard at the meeting scheduled for March 20th or April 3rd. She is also requesting that Amendment #43 not apply to A YT's application. Peter Walker, Walker Nott Dragecivic Associates Limited was not in attendance. Steve Zakem, Aird & Berlis advised prior to the meeting that he would not be speaking. Scott Arbuckle, Planning & Engineering Initiatives Ltd. was called but was not present. Tenzin Gyaltsan, Newcastle IGA was called but was not present. Eugene Dupuis advised Council that he is a resident of Bennett Road and that he is in opposition to A YT's application. He noted that the lands should be used for the proposed scientific park. Roslyn Houser, Goodmans appeared before Council advising that she is in full support of the recommendations contained in Report PSD-027 -06. She advised Council that Zellers' strategy is to criticize the market proposal report and to delay the opening of Wal-Mart stores to protect their own market shares. Council Meeting Minutes -4- March 1, 2006 REPORT Report PSD-027-06 - Commercial Policy Review, Bowmanville West Main Central Area Secondary Plan Review Amendments 43 and 44 to the Clarington Official Plan and Related Amendments to the Zoning By-law and Related Applications By: 1) West Diamond Properties Inc./Players Business Park Ltd 2) Halloway Holdings Limited 3) A YT Corporation 4) Loblaw Properties Ltd. Resolution #C-1 09-06 Moved by Councillor Schell, seconded by Councillor Trim 1. THAT the Commercial Policy Review - Final Report by Meridian Planning Consultants, the Addendum Market Analysis and the Bowmanville West Main Central Area Secondary Plan Review Report by Meridian Planning Consultants and Brook Mcilroy, and staff Report PSD-027-06 be received; 2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and 44 is not necessary; 3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in Attachment 8 to Report PSD-027 -06 be adopted and that the necessary by-law be passed; 4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in Attachment 9 to Report PSD-027 -06 be adopted and that the necessary by-law be passed; 5. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachments 10, 11 and 12 to Report PSD-027-06 to implement portions of Official Plan Amendment Nos. 43 and 44 be passed; 6. THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 2 prepared by Stantec Consulting Ltd. entitled "Proposed Metrus Commercial Development" and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005, contained in Attachment 3 to Report PSD-027 -06 and the proposed Loblaws Superstore prepared by Turner Fleischer Architects Inc., dated revised July 12, 2005, contained in Attachment 4 to Report PSD-027-06, be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; Council Meeting Minutes -5. March 1, 2006 REPORT 7 . THAT Council resolve by separate resolution that the Concept Plan for Development contained in Attachment 5 to Report PSD-027 -06 prepared by Sernas Associates and Turner Fleischer Architects Inc., dated January 2006 and the elevation drawings of the proposed Home Depot store prepared by Turner Fleischer Architects Inc. dated revised January 3,2006 contained in Attachment 6 to Report PSD-027 -06 be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-009) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-026) as submitted by Halloway Holdings Limited be approved to the extent that they are consistent with Amendments 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 9. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-003) and amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-004) as submitted by West Diamond Properties Inc. and Players Business Park Limited be approved to the extent that they are consistent with Amendment 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 1 O. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington Official Plan (File No. COPA 2000-003) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-020) to expand the Clarington Centre to permit an additional 37,200 sq. ft. expansion to the existing supermarket be refused; 11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2003-043) be approved to the extent that it is consistent with the zoning by-laws to delete the requirement for a supermarket in the Clarington Centre contained in Report PSD-027-06; 12. THAT the applications submitted on behalf of A YT Corporation to amend the Clarin9tori Official Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 54,215 sq. m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road be refused; 13. THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of A YT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006); Council Meeting Minutes -6- March 1, 2006 REPORT 14. THAT by-laws be passed to authorize the Mayor and Clerk to execute the Principles of Understanding between the Municipality, Players Business Park Ltd. and West Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding between the Municipality and Halloway Holdings Limited, the Stevens Road Extension Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between the parties just mentioned substantially in the form of the Principles of Understanding and Agreements contained in Appendices 10 to 13 inclusive; 15. THAT Planning Staff be authorized to include in its 2007 work program a community improvement plan study for Newcastle Village Centre; 16. THAT staff be authorized to bring a report forward to Council to implement provisions of the Principles of Understanding between the Municipality and Halloway Holdings Limited related to the Site Plan Agreement and Servicing Agreement referred to in Section 11 of Report PSD-027-06; and 17. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-11 0-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Recommendations 12 and 13 be replaced with the following: 12. THAT the application submitted on behalf of A YT Corporation to amend the Clarington Official Plan and the Region of Durham Official Plan to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be referred back to staff; 13. THAT the application submitted on behalf of A YT Corporation to amend the Municipality's Zoning By-law to permit a large-format retail complex with approximately 54,215 sq. m of total gross floor area at the north-west corner of Highway 401 and Bennett Road be refused; THAT Recommendation 17 be renumbered Recommendation 20 and that the following new items be added: Council Meeting Minutes -7. Marc h 1, 2006 REPORT 17. THAT staff be directed to prepare a position in support of an urban boundary expansion in the Durham Regional Official Plan Review to incorporate the 57 acre parcel owned by AYT Corporation on the north-east corner of Highway 401/Bennett Road interchange; 18. THAT staff be directed to bring forward an amendment to the Clarington Official Plan to a Public Meeting that provides for: i. The 54 acre parcel of land owned by A YT Corporation on the north-west side of Highway 401/Bennett Road interchange being designated as Prestige Employment Area to permit, among other things, a hotel and conference centre; ii. The 57 acre parcel of land owned by A YT Corporation on the north-east side of Highway 401/Bennett Road interchange being designated as a Special Policy Area in the Official Plan that would allow for a 45,000 sq. m. large format retail centre to be zoned sometime after March 1, 2016 provided that the Municipality's population is greater than 116,000 persons and that a full-service hotel and conference centre with a minimum of 100 rooms, a restaurant, and two meeting rooms of approximately 3,000 sq. ft. each is constructed at the Bennett Road interchange; Hi. The retention of Bennett Road/Highway 401 interchange and the designation of Bennett Road as a Type B Arterial Road. 19. THAT prior to advertising the Public Meeting on the proposed amendment to the Clarington Official Plan, that staff be directed to conclude arrangements with A YT that provides for: i. AYT to front-end 50% of the cost of extending sanitary sewer services along Baseline Road to Bennett Road and the replacement of the deficient section of sanitary sewer between Haines Avenue and Soper Creek, at such time as any other developer in the Bowmanville industrial lands gives written notice to A YT and the Region that it is prepared to enter into a front-ending arrangements to extend sanitary sewer services; ii. A YT to make immediate payment to the Region for transmittal to Holburn Biomedical for repayment of A YT's share of the cost of extending water supply services to the area according to a front-ending servicing agreement with the Region; iii. A YT to pay its front-ending payment under any fronting-ending agreement for the construction of storm-water management facilities at such time as the Municipality issues a certificate of completion for such facilities; Council Meeting Minutes -8- March 1, 2006 REPORT iv. At the time of final approval of the rezoning of the lands for large format retail uses at Bennett Road, that A YT contribute $1.62 per square foot approved (adjusted to by the consumer price index from March 1, 2006) to the Municipality in 5 equal annual installments for expenditure in funding programs in support of the Clarington business improvement areas (BIAs) and/or capital improvements projects and grants for an approved community improvement area; v. That A YT be responsible for all costs in preparing such agreements and defending such decision of Council. "CARRIED" The foregoing Resolution #C-109-06 was then put to a vote and "CARRIED AS AMENDED." BY-LAWS Resolution #C-111-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-044 to 2006-052, inclusive and that the said by-laws be now read a first and second time: 2006-044 being a by-law to adopt Official Plan Amendment No. 43 to the Clarington Official Plan 2006-045 being a by-law to adopt Official Plan Amendment No. 44 to the Clarington Official Plan 2006-046 being a by-law to amend By-law 84-63, respecting certain definitions and general provisions with respect to commercial development 2006-047 being a by-law to amend By-law 84-63, respecting certain lands in the Bowmanville West Town Centre 2006-048 being a by-law to amend By-law 84-63, respecting certain lands at the south-west corner of Highway 2 and Regional Road 57 in the Bowmanville West Town Centre 2006-049 being a by-law to authorize the execution of Principles of Understanding between Players Business Park Ltd. And West Diamond Properties Inc. and the Corporation of the Municipality of Clarington and 1613881 Ontario Inc. Council Meeting Minutes -9- March 1, 2006 BY-LAWS 2006-050 being a by-law to authorize the execution of Principles of Understanding between Halloway Holdings Limited and the Corporation of the Municipality of Clarington 2006-051 being a by-law to authorize the execution of the Stevens Road Extension Agreement between Players Business Park Ltd. and West Diamond Properties Inc. and Halloway Holdings Limited and the Corporation of the Municipality of Clarington 2006-052 being a by-law to authorize the execution of an indemnity agreement between Players Business Park Ltd. and West Diamond Properties Inc. and Halloway Holdings Limited and the Corporation of the Municipality of Clarington "CARRIED" Resolution #C-112-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-044 to 2006-052, inclusive be approved. "CARRIED" OTHER BUSINESS Resolution #C-113-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the Council of the Corporation of the Municipality of Clarington hereby resolves that the following drawings be endorsed in principle as the Concept Plan for Development of the lands owned by Players Business Park Ltd. and West Diamond Properties Inc., subject to the submission and review of detailed plans and drawings under section 41 of the Planning Act: 1. Plan prepared by Stantec Consulting Ltd. identified as Drawing SP-08 entitled "Concept Plan for Development; 2. Elevation Drawings for proposed Wal-Mart store prepared by Petroff Partnership Architects entitled "Bowmanville Commercial Development Conceptual Elevations" revised July 14, 2005; and Council Meeting Minutes -10- March 1, 2006 OTHER BUSINESS 3. Elevation Drawings for proposed Real Canadian Superstore entitled "Proposed Elevations" prepared by Turner Fleischer Architects Inc. dated January 28, 2005, revised July 12, 2005. "CARRIED" Resolution #C-114-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the Council of the Corporation of the Municipality of Clarington hereby resolves that the following drawings be endorsed in principle as the Concept Plan for Development of the lands owned by Halloway Holdings Limited, subject to the submission and review of detailed plans and drawings under section 41 of the Planning Act: 1. Plan prepared by Sernas Associates and Turner Fleischer Architects Inc. identified as Drawing A-100 revised February 27,2006; 2. Elevation Drawing for proposed Home Depot store prepared by prepared by Turner Fleischer Architects Inc. identified as Drawing A3.0 revised January 3, 2006; and 3. Elevation Drawing prepared by Turner Fleischer Architects Inc. identified as Drawing A7.0 revised December 20,2005. "CARRIED" CONFIRMING BY-LAW Resolution #C-115-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-053 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on the 1 st day of March, 2006, and that the said by-law be now read a first and second time. "CARRIED" -11- March 1, 2006 Council Meeting Minutes CONFIRMING BY-LAW Resolution #C-116-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-053 be approved. "CARRIED" ADJOURNMENT Resolution #C-117 -06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 1 :35 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE MARCH 20, 2006 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1-1 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that the Township of Uxbridge on February 13, 2006, passed the following resolution: 'WHEREAS the Council of the Town of Ajax has made a decision to place a referendum question on their ballot in November 2006 asking if residents feel that the Regional Chair should be elected at large by all residents of Durham Region; AND WHEREAS the Town of Ajax has requested that all Durham Municipal Councils proceed to put a question on their respective ballots regarding the direct election of the Regional Chair; AND WHEREAS the Council for the Township of Uxbridge directed that a public forum be held to obtain input from residents of Uxbridge on this issue; AND WHEREAS the public forum was held on January 30,2006, at 7:30 p.m. in the Council Chambers; AND WHEREAS there was no one in attendance to speak to this issue; AND WHEREAS the Council of the Township of Uxbridge are aware of the pros and cons of a Direct Election of the Regional Chair; AND WHEREAS the Council for the Township of Uxbridge are of the opinion that the cons for direct election of the Regional Chair far outweigh the pros; AND WHEREAS the Council of the Township of Uxbridge are satisfied with the current process of the Chair being elected by the members of the Regional Council; NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of Uxbridge hereby directs that a referendum question regarding the direct election of the Regional Chair not be placed on the November 2006 ballot; AND THAT all Durham municipalities be so advised." Summary of Correspondence - 2 - March 20, 2006 1-2 Dick O'Brien, Chair, Toronto and Region Conservation Authority, advising Council that the Toronto and Region Conservation Authority on January 27, 2006, passed the following resolution: 'WHEREAS the Authority has previously supported the White Paper on Watershed Based Source Protection Planning, February 2004 by Resolution #A67/04 and the earlier proposed drinking water legislation (Drinking Water Source Protection Act, 2004 )by Resolution #A224/04; WHEREAS the current proposed legislation is consistent with these earlier proposals; WHEREAS the province has provided funding to the Toronto and Region Conservation Authority (TRCA), Credit Valley Conservation (CVC), and Central Lake Ontario Conservation Authority (CLOCA) as the CTC Watershed Region to undertake technical studies in support of source protection planning through Memorandum's of Agreement (MOA) approved by Resolution #A67/04 and Resolution #A241/05; THEREFORE LET IT BE RESOLVED THAT the Authority supports the proposed Clean Water Act, 2005 and the role proposed for conservation authorities; THAT staff be authorized and directed to make comments through the Environmental Bill of Rights registry (EBR) process on behalf of TRCA and the CTC Watershed Region to the province in support of the Clean Water Act, 2005; THAT staff be directed to include in the comments to the ESR a request for the opportunity to make a presentation in support of the Act before the Standing Committee on the Legislature, if and when the proposed Act is referred to committee for hearings; THAT the Chair circulate the staff report and the EBR comments to the clerks, Chief Administrative Officers (CAO) and Mayors of municipalities in the CTC Watershed Region, and staff send copies to the General Managers of Credit Valley Conservation and Conservation Ontario, the CAO of Central Lake Ontario Conservation Authority and to the project managers for the other source protection yvatershed regions; AND FURTHER THAT TRCA expresses its concern to the province that the funding mechanism for the ongoing long term responsibilities of the Source Protection Authority, the Source Protection Planning Committee and the implementation of the Source Protection Plan, has not been determined, and that these costs cannot be assumed by the municipalities in the absence of additional provincial support." Summary of Correspondence - 3 - March 20, 2006 I - 3 David Kingston, OMERS Board Chair, advising Council that on February 23,2006, Bil/206, An Act to revise the Ontario Municipal Employees Retirement System Act received Royal Assent. The new OMERS Act is expected to come into force in 2006. I - 4 Coalition for Nuclear Energy, advising Council that a new group has been formed called Environmentalists for Nuclear Energy (EFN-Canada), dedicated to communicating the benefits of sustainable nuclear energy. I - 5 Minutes of the Local Architectural Conservation Advisory Committee meeting dated February 21, 2006. (Copy attached) 1-6 George Graham, Clerk-Administrator, Township of Brock, providing Council with a copy of Report Number 2006-PL-04, Places to Grow: Better Choices, Brighter Future Proposed Growth Plan for The Greater Golden Horseshoe. I - 7 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, providing Council with the 2005 Year In Review publication. I - 8 Dr. Greg Flynn, President, Ontario Medical Association, providing Council with a copy of the Ontario Medical Review. 1-9 Larry McCabe, Secretary-Treasurer, Ontario Small Urban Municipalities, inviting Council to attend the 2006 OSUM 53rd Annual Conference and Trade Show from May 3 - 5, 2006 in Leamington. I - 10 Minutes of the Central Lake Ontario Conservation Authority meeting dated January 17, 2006. (Copy attached) I - 11 Minutes of the Central Lake Ontario Conservation Authority meeting dated February 14, 2006. (Copy attached) I - 12 John Gerretsen, Minister, Municipal Affairs and Housing, writing to Council regarding extending the length of the term of office for municipal councillors and school trustees. The election cycle began January 1, 2006. If passed, the legislation would make the change effective for the 2006 municipal elections, and successful candidates in November's , coming elections would begin their four-year terms on December 1, 2006. I - 13 Kawartha Conservation providing Council with a copy of their March/April 2006 Update on Conservation. 1-14 Carolyn MacDonald, Durham Lives! Project Coordinator, providing Council with their 2005-2006 Eat Smart! Dining Guide and poster. The Eat Smart! Program is a provincial program designed to identify and award restaurants that have an excellent track record in food safety and trained food handlers, that offer a variety of healthier food choices on the menu or by request, and who provide a 100% smoke-free environment. Summary of Correspondence -4- March 20, 2006 I - 15 Lakeridge Health, advising that the Ministry of Health and Long-term Care has responded to the hospital network's Balanced Budget submission and is implementing the next step in the process. This next step builds on the recommendations of the recent External Advisory Panel report and the Ministry's Hospital Annual Planning Submission process. I - 16 Dave Goulding, President and CEO, Independent Electricity System Operator (IESO), providing Council with a copy of their Ontario Reliability Outlook publication. I - 17 Minutes of the Port Granby Project Discussion Group Inaugural Meeting dated January 16, 2006. (Copy attached) I - 18 Debi Bentley, City Clerk, City of Pickering, advising Council that the City of Pickering on March 6, 2006, did not pass By-law 6642-06 regarding the Regulation of the Sale and Possession of Replica Firearms and Imitation Firearms in the City of Pickering. I - 19 Roger Anderson, Co-chair of the GT AH Mayors and Regional Chairs Group, advising Council that the GTAH Mayors and Chairs endorsed in principle the Replica and Imitation Firearms By-law. I - 20 Susan Grigg, Park Planner, Ontario Parks, South Eastern Zone, advising Council that the Ministry of Natural Resources, Ontario Parks, in partnership with the Nature Conservancy of Canada, is planning to conduct a low-complexity prescr!bed burn within part of Peter's Woods Provincial Nature Reserve and the Burnley-Carmel addition in the spring of 2006. The prescribed burn will help promote regeneration of oak and oak-pine savannah, a globally significant ecosystem that relies on periodic fire to remain healthy. An information session for this project will be held on Thursday, March 23, 2006, from 5-8 p.m. at Centreton Community Hall, Centreton, Ontario. I - 21 Burkhard Mausberg, Executive Director, Friends of the Greenbelt Foundation, providing Council with a copy of the Grant Program Guidelines from the Friends of the Greenbelt Foundation. CORRESPONDENCE FOR DIRECTION D - 1 Douglas Newson, Director, Central Region, Statistics Canada, requesting Council to proclaim May 16, 2006, as Census Day and to assist with the promotion of Census Day. (Motion to Proclaim and to refer correspondence to the Director Of Corporate Services) Summary of Correspondence - 5 - March 20, 2006 D - 2 AI Storie requesting permission to hold the 4th Annual Alfie Shrubb 8K Museum Classic. The event will take place on June 4, 2006. (Motion to approve provided the organizers apply for and obtain a road occupancy permit) 0-3 Lynda Shepherd, Administrative Assistant, The Canadian Hearing Society, requesting the proclamation of the month of Mayas "Hearing Awareness Month" . (Motion to Proclaim) D - 4 Laurie Lazenby, Secretary, Navy League of Canada, Bowmanville and District Branch, Royal Canadian Sea Cadet Corps #279, requesting permission to hold Sea Cadet tagging at selected businesses on September 28, 29 and 30, 2006. (Motion to approve the holding of Sea Cadet tagging days on September 28, 29 and 30, 2006) D - 5 Dr. David Wardlaw, Chair, Sci-Tech Ontario, requesting proclamation of the month of March as Youth Science Month in Canada. (Motion to Proclaim) D - 6 Paul Siemon, Hands in Motion, requesting permission to hold the 2006 Terry Fox Run on Sunday, September 17, 2006, from 7:00 a.m. until 2:00 p.m. Last year, 2005 The Clarington Terry Fox Run raised over $100,000 for cancer research. (Motion to approve provided the organizers apply for an obtain a road occupancy permit) D - 7 John Durant, Associate Executive Director, Child Find Ontario, requesting proclamation of the month of May 2006 as Green Ribbon of Hope Campaign Month and May 25, 2006, as National Missing Children's Day. (Motion to Proclaim) D - 8 William Harford, Chair, Day of Mourning Committee, Durham Region Labour Council, requesting proclamation of April 28, 2006, as "Day of Mourning." The Durham Region Labour Council will be observing the National Day of Mourning at Oshawa City Hall with their ceremony starting at noon at Civic Square and laying of wreaths at the Day of Mourning Monument. (Motion to Proclaim) Summary of Correspondence - 6- March 20, 2006 D - 9 Bill Newman, President, Board of Directors, Alzheimer Society Durham, inviting Mayor Mutton to join in the 15th annual Alzheimer Society of Durham Region Chocolate Lovers' Luncheon on May 7,2006. The Mayors of the eight municipalities in Durham Region are being invited to enter the Great Municipal Chocolate Challenge, which involves the baking of chocolate cakes with specified ingredients. Each municipality is asked to enter two cakes made from the same recipe, one for judging and one for auctioning off at the event to raise money for Alzheimer Durham. (Motion to refer correspondence to the Mayor's Office) D - 10 David Climenhage submitting his resignation from the Clarington Museum Board. (Motion to thank Mr. Climenhage for his service to the Board and to refer the correspondence to the Municipal Clerk) D - 11 Mayor Barbara Kelly, City of Kawartha Lakes, advising Council that the City of Kawartha Lakes on February 7,2006, passed the following resolution: "RECOMMEND THAT WHEREAS municipal governments in Ontario are required to subsidize provincial health and social services programs, like welfare and employment services, disability benefits, drug benefits, social housing, child care, homes for the aged, public health and ambulance services; AND WHEREAS many young families and seniors in Ontario are finding the municipal property tax to be a financial hardship; AND WHEREAS other housing costs such as hydro rates, natural gas rates and costs for water and sewer treatment and virtually all costs of running a home are increasing sharply; AND WHEREAS the incomes of working families and seniors have not kept pace with these escalating costs; AND WHEREAS due to increases in municipal property tax and other housing costs many working families and seniors may be forced out of their homes and the communities that they love; NOW THEREFORE BE IT RESOLVED THAT the resolution from the City of Port Colbourne be supported, specifically the following: THAT the Province of Ontario be requested to provide relief and remedy for working families and seniors who are hardest hit by unacceptable spikes in the cost of living and by the likely property tax increases to come; and Summary of Correspondence - 7 - March 20, 2006 THAT the Province of Ontario be requested to end its downloading of provincial programs and the use of municipal property tax dollars for the subsidization of provincial health and social services programs; and THAT the Province of Ontario be urged to work with the Association of Municipalities of Ontario to develop a plan to begin the immediate uploading of provincial program costs back to where they belong to be funded through Provincial revenues; THAT this resolution of support be forwarded to the Premier of Ontario, The Minister of Municipal Affairs and Housing, The Minister of Finance, and The Association of Municipalities of Ontario, along with Laurie Scott, MPP for support." (Motion for Direction) D - 12 Mayor Barbara Kelly, City of Kawartha Lakes, advising Council that the City of Kawartha Lakes on February 7, 2006, passed the following resolution: 'WHEREAS the Government of Ontario recognizes and concludes that 'Water Knows No Jurisdiction"; AND WHEREAS water is one of Ontario's primary natural resources; AND WHEREAS the Government is vested with responsibility for the management of Ontario's natural resources through the Ministry of Natural Resources (MNR); THEREFORE BE IT RESOLVED THAT the Government of Ontario be requested to take the necessary action to place Source Water Protection with the MNR; and THAT this be sent to the Association of Municipalities of Ontario for circulation to all Ontario municipalities and all MPP's." (Motion for Direction) D - 13 Mayor Barbara Kelly, City of Kawartha Lakes, advising Council that the City of Kawartha Lakes on February 7, 2006, passed the following resolution: 'WHEREAS the Provincial Government originally was financially responsible for the provision of Property Assessment in Ontario; AND WHEREAS this cost to Ontario municipalities creates hardship for municipal taxpayers; THEREFORE BE IT RESOLVED THAT the Government of Ontario immediately assume responsibility for full costs of MPAC (Municipal Property Assessment Corporation) and their services; Summary of Correspondence - 8 - March 20, 2006 AND THAT this resolution be circulated through AMO to all Ontario municipalities and MPP's." (Motion for Direction) D - 14 Debi Bentley, City Clerk, City of Pickering, advising Council that the City of Pickering on February 20, 2006, passed the following resolution: 'WHEREAS the Nuclear Liability Act was proclaimed by Parliament in December 1976 with the purpose of establishing a compensation and civil liability regime in the event of a nuclear accident with third-party consequences; and WHEREAS the Act only requires nuclear operators to carry seventy-five million dollars in third-party liability insurance per facility; and WHEREAS most property insurance policies (home, business, etc.) specifically exclude coverage for losses that are due to nuclear accidents; and WHEREAS a major nuclear accident, albeit highly unlikely, could cause damages that impose billions of dollars in losses; and WHEREAS the international average for nuclear operator liability ranges between five hundred and seven hundred million dollars; and WHEREAS several years ago Natural Resources Canada staff was mandated to review the current Act and are proposing amendments to increase the liability and insurance amounts for nuclear operators and other wording changes that improve the potential application of the Act; and WHEREAS the City of Pickering Council passed resolutions in 2001 and 2003 that called upon the Federal Government to amend the Nuclear Liability Act and increase the amount of coverage that is required; and WHEREAS the Canadian Association of Nuclear Host Communities endorsed the following resolution at its annual meeting in 2004. NOW THEREFORE BE IT RESOLVED that the Minister of Natural Resources be advised that the City of Pickering encourages the Government of Canada to amend the Nuclear Liability Act to increase the requirement for nuclear operator insurance overage and liability to at least meet international standards of coverage. BE IT FURTHER RESOLVED that this resolution be circulated to all Members of Parliament and Members of Provincial Parliament whose ridings host nuclear facilities, the Canadian Association of Nuclear Host Communities, and Ontario Power Generation." (Motion for Direction) Summary of Correspondence - 9 - March 20, 2006 D - 15 P.M. Madill, Regional Clerk, Region of Durham, writing to the Association of Municipalities of Ontario advising that the Region of Durham on February 15, 2006, passed the following resolution: 'WHEREAS presently, there are thousands of family physicians treating patients in provinces outside of Ontario. These physicians have the ability to move between provinces, and open practices to see Canadians immediately in other provinces, except Ontario. AND WHEREAS Canadian family physicians, currently practicing in other parts of Canada, and seeing Canadian patients, wishing to move their practice to Ontario, cannot do so immediately. They must first receive medical licensure through one of the following criteria; 1) receive certification by examination of the College of Family Physicians of Canada (CFPC); 2) apply for a restricted license to practice with the understanding that certification by examination of the CFPC will be achieved within 3 years; or 3) apply for registration through practice assessment. AND WHEREAS each of these criteria can take up to one year before the physician is able to open a medical practice in Ontario. AND WHEREAS in this time of a critical shortage of family physicians in Ontario, the Council of the Region of Durham, believes that Ontarians, including half million living in Durham Region, are being prejudiced by these regulations. Family physicians, currently practicing in other provinces in Canada, are meeting unreasonable barriers to practice medicine in Ontario. THEREFORE BE IT RESOLVED THAT the Council of the Region of Durham requests the Government of the Province of Ontario to take immediate action to remove these barriers to family physicians who wish to relocate their medical practices to Ontario from other provinces; and THAT a copy of this resolution be forwarded to all municipalities in Ontario, the Opposition Parties of the Province of Ontario, the Federal Ministry of Health and the Ontario College of Physicians." (Motion for Direction) Summary of Correspondence - 10 - March 20, 2006 D - 16 Chris Somerville, Township Clerk, Township of King, advising Council that the Township of King on February 13, 2006, passed the following resolution: 'WHEREAS one of the recommendations of the approved GT A Agricultural Acton Plan states as follows: "Encourage the Ontario Farmland Trust (OFT) to develop programs, identify securement mechanisms (including financial) and obtain support from the province, municipal Councils and agricultural organizations; AND WHEREAS the Board of Directors of the Ontario Farmland Trust, at its meeting held on Monday, January 30, 2006, resolved "that the Ontario Farmland Trust bring to the attention of all levels of Government the need to extend the Eco-Gifts Program to a Farmland Gifts Program, or arrange for the establishment of a similar Farmland Gifts Program"; AND WHEREAS agriculture is an important industry in Ontario earning significant export revenue for the province and providing employment in allied food and support industries; AND WHEREAS an agricultural land base with high quality soils and a conductive climate is essential to maintaining a strong agricultural industry; AND WHEREAS farmland provides ecological services which sustain water and air-quality resources and provide recreational resources; AND WHEREAS the market value of farmland is much lower than the value of land to be developed for residential, commercial or industrial purposes providing powerful economic incentives to convert land away from agricultural uses; AND WHEREAS the Ontario Farmland Trust and other charitable trusts have been created with the ability to hold restrictive easements and covenants and other interests in land donated by land owners to ensure that they remain available for agricultural use in perpetuity; AND WHEREAS donors of interests in land which have specified ecological features qualify for significant benefits under the ecological gifts provisions of the Canada and Ontario Income Tax Act; AND WHEREAS donors of such easements make sacrifices of great value to society; NOW THEREFORE BE AND IT IS HERESY RESOLVED: 1. THAT the Corporation of the Township of King supports the current efforts of the Ontario Farmland Trust in regards to: Summary of Correspondence - 11 - March 20, 2006 - the federal and provincial governments being urged to amend their Income Tax Acts to provide the same benefits to donors of farmland for which donors of ecologically sensitive lands now qualify; - the federal and provincial governments being requested to consider other farmland conservation incentives to ensure that farmland remains in agriculture. 2. THAT copies of this resolution be forwarded to all lower and upper tier municipalities across the Province of Ontario urging their support for these initiatives." (Motion for Direction) D - 17 Marion Koepke, Deputy City Clerk, City of Owen Sound, advising Council that the City of Owen Sound on March 2, 2006, passed the following resolution: 'WHEREAS the Association of Municipalities of Ontario (AMO) has recognized that a $3 billion Provincial/Municipal fiscal gap currently exists, in terms of a shortfall, for municipalities; and WHEREAS one-third of municipal spending goes to Provincial health and social services programs; and WHEREAS Ontario is the only Province in Canada where municipal property taxes are used to subsidize Provincial health and social service programs; and WHEREAS municipalities continue to place increased financial pressure on the property taxpayers to meet these financial demands; NOW THEREFORE The Corporation of the City of Owen Sound urges the Association of Municipalities of Ontario (AMO) and the Provincial Government to develop a plan to begin to address this municipal financial crisis, by contributing to municipalities, beginning in 2006, a Provincial commitment to Ontario's municipalities, of $600 million per year for the next five years, this commitment will begin to address the serious financial crisis facing municipalities in Ontario, and further; THAT we urge the Government of Ontario to come to the AMO Conference with an announcement confirming this commitment and a process to unroll this funding to municipalities, and further; THAT this resolution be forwarded to all municipalities in Ontario and the Association of Municipalities for their support, and further THAT this resolution be sent to the Premier of Ontario, the Ministers of Finance and Municipal Affairs and Housing and all of Cabinet." (Motion for Direction) Summary of Correspondence - 12 - March 20, 2006 D - 18 Local Architectural Conservation Advisory Committee (LACAC), advising Council that on February 21,2006, they passed the following resolution: "THAT the Wall bridge House and site is worthy of designation under Part 4 of the Ontario Heritage Act, having strong association with Methodism, which has made a significant contribution to the community of Newcastle and Clarington. Further, LACAC will support the Newcastle Historical Society's request to the province to designate the site." (Motion for Direction) D - 19 Patrick (Sid) Ryan, President, CUPE SCFP, requesting Council to pressure the federal and provincial governments to preserve the national child care program and the federal provincial child care agreement on Early Learning and Care - Best Start Plan. The City of Toronto recently passed a motion that commits to work with families, child care programs and advocates in that city to ensure the federal government fulfils its five- year funding commitment to build a national early learning and care program in Ontario and across Canada. He encourages our Council to take similar action and to join with community partners in sending a clear message to the federal government that Ontario residents expect them to honour these agreements. (Motion for Direction) D - 20 David Byrne, a resident of Durham Region and a fourth year student of a Bachelor of Arts/Religious Studies program, requesting a financial contribution to Intercordia Canada. Intercordia Canada provides students with the opportunity to combine academic and experiential learning. Students complete course work focused on global issues, social justice, and peace, and participate in preparatory seminars, before being sent to developing countries where they complete a three-month volunteer placement. They are billeted with a local family in the communities where they are doing the service work. Currently there are projects in Ecuador, Belize, Honduras, Haiti, Dominican Republic, Ukraine and Bosnia. (Motion for Direction) D - 21 Carolyn Downs, City Clerk, City of Kingston, advising Council that the City of Kingston on February 21,2006, passed the following resolution: 'WHEREAS residents of Calvin Park and Polson Park as well as families of Polson Park Public School students have raised serious concerns about the recent placement of a long time sex and violence related offender in the nearby Portsmouth Community Correctional Centre; and WHEREAS the Portsmouth Corrections facility and other similar Canadian facilities were originally mandated and designed for managing day parole cases, not for managing persons under long term supervision orders that may be for up to ten years; and Summary of Correspondence - 13 - March 20, 2006 WHEREAS there are now many Corrections cases under long term supervision orders that are very complex and require specific strategies to maintain public safety and provide proper treatment for persons with serious mental disorders; and THEREFORE BE IT RESOLVED THAT Kingston City Council requests Corrections Canada to reconsider the February 8, 2006, placement in the Portsmouth Community Correctional Centre of a long time sex and violence related offender; and FURTHER THAT Kingston City Council petitions the Federal Minister of Justice, Hon. Vic Toews, MP, to review the application of long term supervision orders with a view to updating the system to deal more effectively with current realities in the criminal justice system, especially as it applies to community correctional facilities and public safety; and BE IF FURTHER RESOLVED THAT a copy of this resolution be circulated for information to the Rt. Hon. Steven Harper, Prime Minster; Hon. Peter Milliken MP for Kingston and The Islands; Liberal Leader Rt. Hon. Paul Martin, MP; NDP Leader, Hon. Jack Layton, MP; Bloc Quebecois Leader, Hon. Gilles Duceppe, MP; Ms. Joanne Blais, Director of the Portsmouth Community Correctional Centre and Mr. Ron Sharp Director of the Limestone District School Board, and for endorsement to the Federation of Canadian Municipalities; the Association of Municipalities of Ontario; and to all Ontario municipalities with populations greater than 50,000." (Motion for Direction) ~ 1-5 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting February 21, 2006, 7:00 PM MEMBERS PRESENT: Victor Suppan Clayton Morgan Cathy McKeever Karina Isert David Reesor Karin Murphy Jennifer Knox ADOPTION OF MINUTES REGRETS: Andrew Kozak PLANNING STAFF: Isabel Little 06.01 . d Reesor cepted as amended. Residen reque ted that their street become a heritage conservation district on asis. A recommendation report went to GPA on February 6, 2006. C planning staff to prepare a HCD plan specific to Beech Avenue. When' prepared it will be forwarded to Council for approval along with the district de on by-law. The newspapers have been stating that the District is approved. This is. correct. Beech Avenue will not become a Heritage Conservation District until the Plan is approved and the by-law passes without appeal. Anyone can appeal the designation by-law within 30 days of it being passed. Inventory Update Review Request LACAC members are still completing their review of the additions to the heritage inventory. Minutes of LACAC Meeting: February 21, 2006 Page 2 4510 Hwv 2. Newtonville The house does not demonstrate enough architectural features to be designated; however the house may meet the designation criteria for historical reasons. The building was operated as an inn but not much of the original structure is left. The owner should be notified that the house has little architectural value and in order to designate it for heritage value research on the history of the property should be provided. CORRESPONDENCE OHT Younq Heritaqe Leaders Nominations Nominations for the Young Heritage Leaders should Isabel Little before March 10th. Historic Places Initiative 2006 Calen': Calendar was circulated among comml r review by staff and Council. It is too Committee will aim for implementation of 407 first reviewed the status of the environmental assessment workshop for alternative methods to transportation. Orono CIP The Orono CIP members met and discussed streetscape improvements for downtown Orono. Identified issues include sign refurbishment, street cleaning, and street trees. Wallbridqe House Council passed a resolution to initiate the designation process of this property which stated "whereas initiation of the heritage designation process under the Ontario Heritage Act will allow time for negotiation with the developer". Dunbury Homes have filed an objection to the Notice of Intention to Designate. The objection has been forwarded to the Conservation Review Board for hearing. Representatives of the Minutes of LACAC Meeting: February 21, 2006 Page 3 Ontario Heritage Trust, the LACAC, the Clarington Museum and Archives, the Historical Society and planning staff meet to discuss the property. Dunbury Homes was invited but, due to confusion on the meeting's location, did not attend. The Ontario Heritage Trust have received a request from the Newcastle Village and District Historical Society asking the Trust to recommend to the Ministry of Culture that the property be designated as a provincially significant site. The Trust have asked the LACAC if they are in support of a provincial designation. 06.02 Moved by Jennifer Knox, seconded by Karin M The c10sin THAT the Wallbridge House and site is wort of the Ontario Heritage Act, having strol]. . tion with Methodism, which has made a significant contribution~':tb the <",rnunity of Newcastle '},'(, '{:::(-~l:i/<;;: and Clarington. Further, LACAC w'MPport the"!;' ...... castle Historical Society's request to the province t eSlgn'ate the site. "CARRIED" 20 Kinq Street East 06.0,3" i!seconded by Karin Murphy !}Wpial report be accepted as presented. II;;? '.'''tED'' NEW BUSINESS Demolition of 6-10 Washinqton Place. Bowmanville Staff informed LACAC that a demolition permit was approved for 6-10 Washington Place which was identified as a secondary heritage site. Minutes of LACAC Meeting: February 21 J 2006 Page 4 Ontario Requlations and O.Req.9/06 Members were circulated a bulletin received from the Ministry of Culture on four new regulations designed to implement the amended Ontario Heritage Act. The regulations came into effect on January 25, 2006, and included: . Criteria for Determining Cultural Heritage Value or Interest · Criteria for Determining Cultural Heritage Value or Interest of Provincial Significance . Marine Archaeological Site Protection . Archaeology Licenses The members were provided Heritage Value or Interest. Mandate Bv-Iaw As the Ministry has now provided the Criteria Interest, the reference to the LACAC estabhs mandate by-law. "Value or d from the 06.04 Moved by Karin Murp THAT the LACAC approv bullet 1 under section 5. 06.05 ext Meeting Ma 21St, 2006, 7:00 PM unicipal Administrative Centre . , , CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY I - 10 ( MINUTES NO.1 ANNUAL AUmORITY MEETING Tuesdav. January 17.2006 - 5:00 P.M. MEETING LOCATION: l~ WlDTING AVENUE, OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM PRESENT: J. Schell, Chair P. Perkins, Vice Chair C. Clarke G.Emm P. Pingle ABSENT: J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services G. Geissberger, Community Outreach Coordinator '....... -' '---' -- ----- -"",' ~ :: ~~~~~~:::;:~~::n~:~:: & RegulatiOjl G~:~"~~ }1,j:: ". "!': (~'.~~. .. D. Hope, Provincial Offences Officer _." ' . P. Sisson, Director. Engineering & Field Operations ~,:>:: G. Soo Chan, Director, Groundwater M. Stauffer, Administrative AssistantIRecording Secret t)':'.' " ' , fEE? ~. J. Gray 1--.'. "" J. Kolodzie i " J. Neal . I M. Pearce L.. _.- ~''''-'''I . -,--1 '--i 1 ~~~,,::: ".~,' ..-..~':,';,;--t-:'Y>',=""",, . ,.-4 ,.-J ,~ "-~ -.-----.{ , ..,....-:.;,.,.~,::..;~ ~ t', r....."..., '.", J. Schell, Chair, called the meeting to order at 5: 16 p.m. WELCOME - J. Schell, Chair, welcomed members to CLOCA's Annual Authority Meeting. Due to the inclement weather, a quorum was not reached. Res. #1 Moved by G. Emrn Seconded by P. Pingle THAT the present members proceed with the meeting, with the exception of the Election of Offlcers, Signing Officers, SoUcitors, Borrowing By-Law, Conservation Ontario Council and Enforcement Offlcers agenda items; THAT the absent members be poHed to obtain their approval on the recommended motions; THAT these motions be ratified at the February Board Meeting; and, THAT the Central Lake Ontario Fund meeting be tabled to the February 2006 Authority Board meeting. CARRIED DECLARATIONS of interest by members on any matters herein contained - NONE ADOPTION OF MINUTES Res. #2 Moved by G. Emrn Seconded by C. Clarke THAT the Authority minutes of November 15, 2005 be adopted as circulated. CARRIED , AumORlTY ANNUAL MEETING. JANUARY 17,2006 . PAGE 2 CHAIR'S REMARKS - J. Schell- 2005 in Review ( 1005 proved to be an exceptionally busy year for CLOCA. In addition to the ongoing traditional programs, a considerable amount of time was required to deal with a number of provincial and municipal issues. 1. Durham Region Official Plan Review and integration of the Oak Ridges Moraine and Greenbelt legislation. 2. Source Water Protection: The provincial government introduced the Clean Water Act and is rolling out the related regulations and guidelines. 3. Conservation Authorities Generic Regulations: CLOCA has been the lead conservation authority for this initiative on behalf of Conservation Ontario and its 36 member conservation authorities. 4. Provincial introduction of the Greenbelt and Places to Grow legislation and associated changes to the Planning Act and Provincial Policy Statements have conftrmed the Province is back in the land-use planning process in a major way. CLOCA continued to be active in land acquisition around its core holdings on the Oak Ridges Moraine. Approximately 250 additional acres were purchased for the Enniskillen Conservation Area, bringing total holdings above 700 acres. CLOCA continues to receive strong support for this initiative from the Region of Durham, Oak Ridges Moraine Foundation, Nature Conservancy of Canada and the Ministry of Natural Resources Ecological Land Acquisition Program. The Minister of Natural Resources has approved the transfer of approximately 105 acres of provincial land to CLOCA as an addition to the Lynde Shores Conservation Area. At this time it is not clear whether this will be a transfer of title or a long term (e.g. 99 year) lease; a decision from the Ontario Realty Corporation is awaited. CLOCA has been involved for several years with a number of agencies in developing the East Cross Forest proposal for the Region of Durham and Township of Scugog. It has now been determined that the Kawartha Region Conservation Authority will take the lead on this initiative with the fmancial support of Durham and Scugog and the Oak Ridges Moraine Foundation. I would like to take a minute to talk about CLOCA's community outreach in 2005. ( This year two milestones were reached with regards to several events. The annual Maple Syrup Festival hosted by CLOCA at Purple Woods Conservation Area celebrated its 30111 anniversary with special event days and attractions. Over the 11 day festival more than 9,000 people welcomed spring with a visit to Purple Woods. In late September, the 8111 annual Durham Children's Groundwater Festival was held at Camp Samac in Oshawa with over 5,000 grade four students participating. This year was a milestone as the organizing committee set an attendance goal in 1998 to have 5,000 students attend in one year and this year they reached that goal. On behalf of the Conservation Authority I would like to extend our appreciation to all of the organizing committee members that make this event a success and congratulate them on achieving their goal. It is also important to note that since 1998 more than 30,000 grade four students and 3,200 secondary students have attended the Groundwater Festival. The Chair personally thanked Gord Geissberger and Annette MacDonald for their hard work and efforts with the Festival. Authority staff also made it a priority in 2005 to meet watershed residents by setting up information displays at the various fairs and events to promote the Authority's programs and services. The Authority's solar water pump display at the Orono and Brooldin Fairs caught the attention of many visitors. During July and August CLOCA reintroduced free public environmental events in the conservation areas for watershed residents. Nineteen events were scheduled that included nature hikes, bird watching, nature scavenger hunts, ecosystems and more. Many residents took advantage of the summer events and look forward to the 2006 summer event schedule that will be set shortly. The Authority's biennial Watershed Awards ceremony was hosted in early December and was a great success. A new format was used this year that incorporated a community environmental fair along with a guest speaker. Everyone had a wonderful evening and the organizations that participated in the environmental fair also enjoyed the networking opportunity. Volunteers play an important role in any organization. In 2005 CLOCA launched a new volunteer program to provide more ( opportunities to watershed residents. Over 3,000 volunteer hours were registered in 2005 to deliver the above programs and others. As this program develops and grows, a strong volunteer base will be very important to the Authority's community outreach. t AUTHORITY ANNUAL MEETING - JANUARY 17,2006 - PAGE 3 CORRESPONDENCE (1) Correspondence, dated Dec.21/05, from Ministry of Natural Resources, R. Messervey (attached as Schedule 11-1 to 11-2) Re: Conservation Authority Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Correspondence, dated Dec.6/05, from Regional Municipality of Durham, T. Watson (attached as Schedule 11-3) Re: Presentation by J. Davidson, CLOCA's Clean Water Land Stewardship Program Correspondence, dated Dec. 10/05, from Agricultural Advisory CommitteelClarington, T. Barrie (attached as Schedule 11-4) Re: Presentation by R. Powell, Issues and Concerns Regarding the Greenbelt Correspondence, dated Dec. 12105, from CABAL, J. Anderson (attached as Schedule 11-5) Re: Letter of appreciation for use of facilities at Enniskillen Conservation Area (2) (3) (4) (5) Res. #3 Correspondence, dated Nov.30/05, from Andrew Devera, Bowmanville (attached as 11-6 to 11-7) Re: Letter of appreciation to CLOCA and Dan Hope Moved by C. Clarke Seconded by P. Perkins THAT the above correspondence items be received for information. CARRIED DIRECTOR, ENVIRONMENTAL APPROVALS & PLANNING (1) Staff Report #4569 (attached as Schedule 12-1 to 12-3) Re: Applications for Construction, to Place Fill and to Alter a Watercourse - November 1 to December 31,2005 Res. #4 Moved by P. Pingle Seconded by P.,Perkins THAT the attached appUcations be approved and the respective permits be issued. CARRIED DIRECTOR - GROUNDWATER RESOURCES (1) Staff Report #4565-06 (attached as Schedule 13-1 to 13-2) Source Protection Planning Activities: CLOCA Res. #5 (2) Res. #6 Moved by P. Perkins Seconded by C. Clarke THAT Staff Report #4565-06 be received for information. CARRIED Staff Report #4566-06 (attached as Schedule 13-3 to 13-4) CLOCA Private Water Well UpgradelDecommissioning SubSidy Program (Clean Water Stewardship Program) Moved by P. Perkins Seconded by P. Pingle THAT the subsidy be adjusted starting in 2006 to offer: · 75% subsidy for upgrades with a cap of $1000.00 and, · 100% with a cap of $2000.00 for decommissioning_ CARRIED . . AUTHORITY ANNUAL MEETING - JANUARY 17,2006 - PAGE 4 ACTING DIRECTOR - NATURAL HERITAGE (1) Staff Report #4572-06 (attached as Schedule 14-1) Update on Partnership with Ministry of Natural Resources To Develop Fisheries Management Plans (FMPs) - Public Open Houses Res. #7 Res. #8 Res. #14 Moved by C. Clarke Seconded by P. Perkins THAT Staff Report 4572-06 be receivedfor information. CARRIED Moved by C. Clarke Seconded by P. Pingle THAT the meeting convene "In Camera" to review aU CONFIDENTIAL Staff Reports, including handout S.R. #4574-06. CARRIED Moved by C. Clarke Seconded by P. Pingle THAT the meeting reconvene; and, THAT the actions of the "In Camera" session be adopted. CARRIED DIRECTOR - CORPORATE SERVICES (I) Staff Report #4561-06 (attached as Schedule 16-1) Mileage Reimbursement for Use of Personal Vehicles Res. #15 (2) Res. #16 (3) Res. #17 Moved by G. Emm Seconded by C. Clarke THAT the mileage rate paUl to board members and staff for reimbursement for use of a personal vehicle while on CWCA business be set at the same rate as the Region of Durham's mileage rate; and, THAT the current adjustment be made effective January 1, 2006. CARRIED Staff Report #4564-06 (attached as Schedule 16-2 to 164) Proposed Fees for Authority Services and Programs for 2006 Moved by P. Perkins Seconded by P. Pingle THAT Staff Report #4564-06 be received; and, THAT the 2006 Proposed Feesfor Authority Services and Programs be adopted, effective February 1, 2006. CARRIED Staff Report #4571-06 (attached as Schedule 16-5 to 16-14) 2006 Preliminary Budget Moved by G. Emm Seconded by P. Perkins THAT the 2006 Preliminary Budget be approved for submission to the Region of Durham as part of the mul/i- year budget process. CARRIED CHIEF ADMINISTRATIVE OmCER (I) Staff Report #4562-06 (attached as Schedule 17-1 to 17-8) Conservation Authorities Act Section 28 Generic Regulations Res. #18 Moved by P. Perkins Seconded by C. Clarke THAT staff report #4562-06 be received for information. CARRIED AUTHORITY ANNUAL MEETING - JANUARY 17,2006 - PAGE 5 ':IllEF ADMINISTRATIVE OFFICER (continued) (2) Staff Report #4570-06 (attached as Schedule 17-9) 2006 Meeting Schedule - Board of Directors Res. #19 Moved by P. Pingle Seconded by C Clarke THAT Staff Report #4570-05 be received for inf017lUllion; THAT the 2006 Meeting Schedule for BOtI1'd of Directors be adopted; THAT Committee of the Whole meetings be scheduled, if necesSiU'J, at the caU of the Chair. AMENDMENT: Moved by G. Emm Seconded by P. Pingle THAT the February 2006 Meeting for Board of Directors be changed to February 14, 2006, due to a conflict with Regional Councillors' schedules on February 21-. RES. #19, CARRIED AS AMENDED DIRECTOR, CORPORATE SERVICES (1) Staff Report #4575-06 (attached as Schedule H-2) Re: 2005 Year-In-Review Report (report previously circulated) Res. #20 Moved by C. Clarke Seconded by P. Pingle THAT Staff Report #4575-06 be received for irif017lUllio1l. CARRIED l\fUNICIPAL AND OTHER BUSINESS - NONE ADJOURNMENT Res. #21 Moved by P. Pingle Seconded by C. Clarke THAT the meeting adjOU1'1l. CARRIED The meeting adjourned at 5:36 p.rn. ~ CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY I - 11 MINUTES NO.2 AUmORITY MEETING Tuesday. Februarv 14.2006 - 5:00 P.M. MEETING LOCATION: 100 WlllTING AVENUE, OS~Jt;,;'---,-~-'~~,: ..,,_ . _ -;:..._", AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDRQO;t! /13:' ~.~.I1 ;()~~ ~ J. Schell, Chair P. Perkins, Vice Chair M. Brenner C. Clarke S. Crawford 1. Drumm G.Emm J. Gray J. Kolodzie J. Neal M. Pearce P. Pingle PRESENT: -~ (" -' r,~.. ;-' /-_. '" I i-' , ~~~. .'.'....~4 i Ie~" - ~, . .~''i I .._-....J ~=j " ,,.........-------J. J ~ f , rL~' - J.R. Powell, Chief Administrative Offic~r D. White, Director, Corporate Services ' B. Fox, Acting Director, Natural Heritage G. Geissberger, Community Outreach Coordinator R. Hersey, Director, Development Review and Regulation P. Sisson, Director, Engineering and Field Operations K.L. Tate, Administrative Assistant/Recording Secretary ":":.:C :O'7"~:~'~:r~:"}:l:'~,' :. EXCUSED: M. Hrynyk, General Superintendent G. SooChan, Director, Groundwater Resources ~ J. Schell called the meeting to order at 5 p.m. PRESENT A TIONS J. Schell presented Councillor Joe Drumm with a framed picture showing various photographs of flora and fauna taken at the Authority's Lynde Shores and Heber Down Conservation Areas in recognition of his 30 years of service as a member of the CLOCA Board of Directors. J. Drumm also held the position of Vice Chair in 1981 and 1982, and served as Chair for four years from 1983 to 1986. 1. Drumm expressed sincere thanks and appreciation to the Chair and Members. 1. Schell circulated among the members a plaque which was presented to the Authority being a large copy of an Ontario Power Generation (OPO) advertisement which was placed in the January edition of all of the local Metroland papers. OPG placed the advertisement to announce their recertification as a "Wildlife Habitat" and "Corporate Lands for Learning" site under the Wildlife Habitat Council. OPG was also one of four sites nominated for the "Corporate Habitat of the Year" award. Community partnerships play an important role in the above achievements and that is why OPG focused on partnerships in the advertisement. Annette MacDonald, Special Events Planner and Volunteer Coordinator with CLOCA was asked by OPG to represent the Authority. Annette is also the Coordinator for the Groundwater Festival. AUTHORITY MINUTES NO.2 - FEBRUARY 14,2006 - PAGE 2 DECLARATIONS of interest by members on any matters herein contained - NONE ADOPTION OF MINUTES Res. #22 Moved by G. Emm Seconded by J. Kolodzie THAT the Authority minutes of January 17, 2006 be adopted as circulated. CARRIED ELECTION OF OFFICERS At this point. the meeting was turned over to Russ Powell. Chief Administrative Officer. who assumed the chair and declared vacant the positions of Chair and Vice Chair. Res. #23 Moved by M. Pearce Seconded by J. Kolodzie THAT Perry Sisson and Rob Hersey act as scrutineers; and, THAT in the event of an election aU ballots be destroyed. CARRIED Authority Chair Mr. Powell advised that he would call for nominations for the position of Chair for 2006. and stated that no seconder was required. Where more than one nominee stands for office. an election by secret ballot will be conducted. Nominations: J. Schell nominated by P. Pingle Res. #24 Moved by J. Gray Seconded by J. Neal THAT nominationsfor the position of Authority CluJir be closed. CARRIED J. Schell "stands". J. Schell was declared Authority Chair for 2006. and conducted the remainder of the meeting. P. Perkins arrived at 5:10 p.m. Authority Vice-Chair The Chair called for nominations for the position of Vice Chair. Nominations: P. Perkins nominated by J. Neal Res. #25 Moved by C. Clarke Seconded by M. Brenner THAT nominations for the position of Authority Vice Chair be closed. CARRIED P. Perkins "stands". P. Perkins was declared Authority Vice Chair for 2006. AUTHORITY MINUTES NO.2 - FEBRUARY 14,2006 - PAGE 3 SIGNING OFFICERS Res. #26 Moved by J. Drumm Seconded by S. Crawford THAT the Signing Officers of the Authority be any two of the foUowing: The Chair, Vice-Chair, Chief Administrative Officer/Secretary-Treasurer, and Director of Corporate Services. CARRIED SOLICITORS Res. #27 Moved by J. Drumm Seconded by M. Brenner THAT the firms Boychyn & Boychyn, Oshawa; Gardiner, Roberts, Toronto; and Beard, Winter, Toronto, be appointed Solicitorsfor the Authority. CARRIED BORROWING BY -LAW Res. #28 Moved by J. Kolodzie Seconded by M. Pearce THAT any two ofthefoUowing: The Chair, Vice-Chair, Chief Administrative Officer/Secretary-Treasurer, and Director of Corporate Services of the Central Lake Ontario Conservation Authority are hereby authorized to bon-ow from time to time, by way of promissory note, from the Toronto-Dominion Bank, 4 King Street West, Oshawa, the sum or sums not exceeding $1,000,000 to meet immeditJte administrative and operational expenditures until the Province of Ontario grant and/or Regional levy have been received, and to give on behalf of the said Authority a promissory note or notes, sealed with the Corporate Seal and signed by the Chair or Vice-Chair and the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services for the monies so bon-owed with interest which may be paid in advance or otherwise, at a rate not exceeding prime per annum. THAT aU sums bon-owed pursuant to the authority of this Resolution for the purpose mentioned herein shall, with interest thereon, be a charge upon the whole of the monies received or to be received, by the said Authority, as and when such monies are received. THAT the Chief Administrative Officer/Secretary-Treasurer and/or the Director of Corporate Services is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with the interest thereon, aU of the monies hereinafter coUected or received by the said Authority from the Province of Ontario by way of a Grant or from the Regional Levy to be made in accordance with provisions of The Conservation Authorities Act. CARRIED CONSERVATION ONTARIO COUNCIL Res. #29 Moved by M. Pearce Seconded by P. Pingle THAT the Chair be appointed as the Authority's representative on the Conservation Ontario CounciL Alternative designates are the Vice-Chair and the Chief Administrative Officer. CARRIED AUTHORITY MINUTES NO.2 - FEBRUARY 14,2006 - PAGE 4 ENFORCEMENT OFFICERS (i) Fill, Construction and Alteration to Waterways Regulation #145/90 Res. #30 Moved by P. Perkins Seconded by S. Crawford THAT P. Sisson, T. Aikins, R. Hersey, 1. Backus, D. Hope and W. Coulter be appointed Enforcement Officers under the Filt Construction and Alteration to Waterways Regulation #145/90. CARRIED (ii) Conservation Areas Regulation #101192 Res. #31 Moved by P. Perkins Seconded by S. Crawford THAT M. Hrynyk, T. Backus and H. Hirschfeld be appointed Enforcement Officers under the Conservation Areas Regulation #101/92. CARRIED DIRECTOR, ENVIRONMENTAL APPROVALS & PLANNING (1) Staff Report #4576 (anached as Schedule 9-1 & 9-2 of Feb. 14/06) Re: Applications for Construction, to Place Fill and to Alter a Watercourse, January 1 to 31,2006 Res. #32 Moved by M. Pearce Seconded by C. Clarke THAT the attached applications be approved and the respective permits be issued. CARRIED DIRECTOR, GROUNDWATER RESOURCES (l) Staff Report #4577-06 Clean Water Act Res. #33 Moved by M. Brenner Seconded by P. Perkins THAT Staff Report #4577-06 (attached as Schedule 1()"1 to 1()"7 of Feb. 14/06) be receivedfor information and that staff be directed to coordinate the submission of comments on the EBR posting on BiU 43 with Conservation Ontario; and, THAT the CWCA Board of Directors supports the general provisions of the proposed Clean Water Act, 2005 and the proposed role for conservation authorities outlined therein. CARRIED DIRECTOR,CORPORATESERVICES (1) Staff Report #4578-06 Rate Increase Regarding Durham Children's Groundwater Festival Res. #34 Moved by G. Emm Seconded by M. Brenner THAT Staff Report #4578-06 (attached as Schedule H-1 of Feb. 14/06) be receivedfor information; and, THAT the student admission for the Durham Children's Groundwater Festival be increased $.50 to $7.00/student. ' CARRIED AUTHORITY MINUTES NO.2 - FEBRUARY 14, 2006 - PAGE 5 Res. #35 Moved by C. Clarke Seconded by P. Perkins THAT the meeting convene "In Camera" to discuss a property matter. CARRIED Res. #37 Moved by G. Emrn Seconded by P. Pingle THAT the meeting reconvene. CARRIED Res. #38 Moved by G. Emrn Seconded by S. Crawford THAT the actions of the "In Camera" session be adopted. CARRIED MUNICIPAL AND OTHER BUSINESS J. Schell extended thanks to Russ Powell for speaking at the Bowmanville Men's Canadian Club on February 1,2006 regarding Conservation Authority responsibilities and mandates, etc. Russ Powell mentioned he also spoke to the annual meeting of the Ontario Forestry Association on February 10,2006 and will be giving a talk February 15,2006 to the Ontario Federation of Agriculture Board of Directors. Discussion ensued. M. Brenner expressed his appreciation to Russ Powell for his update and keeping the members informed. G. Emrn raised the subject of the general appearance of the Authority's sign located at the comer of Simcoe Street South and Whiting Avenue, Oshawa, noting it appears to need some "fixing up" attention. ADJOURNMENT Res. #39 Moved by G. Emrn Seconded by C. Clarke THAT the meeting adjourn. CARRIED The meeting adjourned at 5:40 p.m. ,. ~ PORT GRANDY r $-- PROJECf I - 17 :' Ob~tA~l 0 Pt'1 3: 11:): 1 fj Notes from the Inaugural Meeting of Port Granby Project Discussion Group Monday, January 16, 2006, Newtonville Hall 7:00-9:00 p.m. Participants Community: HaNey Thompson, South-East Clarington Ratepayers Association (SECRA); Karen Dean, Bob Edgar, Barb Spencer, Dennis Spencer, Frances Brooks, Rae Coakwell, Cathy McNeill, Mike Ayer, Julie Jones, Harry Worrall, Norm Hopkins, Gord Ewington, Lorri Graham, Brian Devitt (Durham Region Health Department); Tom Smith (Cameco); Ted, ", ._ _..._.......' __', Coppaway (Curve Lake First Nalion) ; . ~;) DeN i Municipality of Clarington: Janice Szwarz; Municipal Peer Review Team: DavJ H~rdY, "_......'"_d...~"'cc ~ Hardy Stevenson Associates i y Low-Level Radioactive Waste Management Office (LLRWMO): Gary Vander Bernard Gerestein, Sue Stickley, Judy Herod ast ,.,., ''':''''''''-'1 A':~- :-=--~. ---- 1 ~\--~ ".~..~~~. ~., .............-,...........t._.....--~ Facilitator: Chris Haussmann, Haussmann Consultants -.....,.""----- r .- -.-'.,....~ '.- '~r ",......,.,...,..,...-- Introductions I , .....- Led by Chris Haussmann, individuals around the table introduced themselves to tie Qth~~, ' ".J~~~~~~ participants. After the introductions, Sue Stickley gave a brief tribute to Jean payXe who had. __.",.t been a long-time community participant in the Port Granby Project until her death ~his past ." ~.._ .d.'__.....~ summer. She said Jean was committed to encouraging community members to stayinvolved>-'"-'---'~-''-''' and that Jean will be missed. Purpose of Meetina Chris Haussmann opened the meeting by explaining that the purpose of the Project Discussion Group is to provide opportunities for ongoing dialogue between the residents, the LLRWMO and the Municipality. The goal of the inaugural meeting is to identify what issues should be discussed, review the Draft Terms of Reference for the Discussion Group and invite residents to seNe as volunteers from the community-at-Iarge. Port Granbv Proiect Updates: LLRWMO; Municipality of Clarington; SECRA LLRWMO Gary Vandergaast provided a project update: The Port Granby Environmental Assessment Study Report has been revised to address issues raised by the municipality and the Peer Review Team (PRT). Revisions include an enhanced cover system and proposed underpass at Lakeshore Road for waste haulage. The LLRWMO expects to make the report available for public and Peer Review Team review in mid-March. Once council consent to the proposed concept is received, the revised report will be submitted to the federal Responsible Authorities by mid-June; licence application submission in early 2008. After all approvals have been received, construction could start in late 2008/early 2009. Port Granby Project Discussion Group 10f4 2006 January 16 -";, " '~ l i In mid-October, 252 randomly selected Ward 4 Clarington residents responded to a telephone survey on the Port Granby Project. Gary noted that the report on the 2005 Public Attitude Survey (4th annual) was available at the meeting or from Sue Stickley or Sandy Holmes at the Project Information Exchange (905) 885-0291 or 1 (866) 255-2755. Municipality of Clarington Janice Szwarz stated that on January 23, 2006, a staff report will update council on three issues: the LLRWMO's response to the request for a double base liner; Lakeshore Road grade separation and road upgrades needed for the Project. She said Lakeshore Road would not be needed as a transportation route for oversized construction equipment as the LLRWMO has said this can be accommodated at the Elliott Road railway crossings. SECRA Harvey Thompson said SECRA representative~ had met with municipal staff and two councillors to discuss the revised aboveground mound cover design. These meetings will take place regularly. SECRA believes the enhanced cover system is an excellent idee but still wants a double base liner, because the moisture in the Port Granby waste will continue to create leachate for many years. SECRA believes a second liner will increase public confidence in the facility and demonstrate that the best possible job is being done. Harvey said SECRA has begun to exchange information with people familiar with the Port Hope Project to see if there is common ground. Roundtable Discussion Many questions were asked about the LLRWMO's response to the PRT's request for a double liner in the base of the mound by proposing an enhanced cover design through the addition of a capillary drainage system. Residents wanted to know if the recommendation was based on cost, if the health department believed it would protect the environment and how an enhanced cover design could prevent the mound from leaking if the liner were to break. The differences between the proposed Port Hope Project aboveground mound design and the Port Granby facility design were also raised. Questions about the waste's interaction with the liner were asked. SECRA asked how a leak in the liner could be fixed and how long it would take the waste to dry out once it is placed inside the aboveground mound. Gary explained that the proposed design's base liner system is made up of a series of layers of synthetic and natural materials and is not just one geomembrane layer. He described the investigations the LLRWMO undertook to respond to Clarington's request for a double liner and how the project team had learned that adding another liner system did virtually nothing to improve the performance or environmental safety of the mound. Dave Hardy explained that it soon became clear to the PRT that they should focus on prevention. The LLRWMO then did additional research and proposed the capillary drainage system. The PRT and the municipality have agreed that this is the best way to increase environmental protection. Dave said it was reassuring that the enhanced cover design allows more monitoring of the system above the waste to make sure the mound is functioning as it should. Problems detected in the cover can be fixed, preventing problems before they occur. Port Granby Project Discussion Group 20f4 2006 January 16 to. Speaking for the Durham health department, Brian Devitt said the department's priority is protection of the groundwater and drinking water supply; it is less concerned about the number of liners and more interested in having the best possible design. Some residents said they want a double liner regardless. Barb Spencer wanted to know how the residents could stop the process. Residents have asked for an EA Panel Review so that they can get an independent expert review of the Project. Even though they are frustrated that the 1999 community concept report was not followed, Harvey encouraged people to stay involved in the community discussions with the LLRWMO because it seems there is no going back. He said the residents must be at the table. Interest in Communitv Discussion Group The Terms of Reference call for one representative from SECRA, two volunteer members from the community-at-Iarge, one from the municipality and two from the LLRWMO. The group was asked if they support this concept and who might volunteer. It was made clear through the discussion that the appointed representatives would be responsible for attending meetings (or sending a delegate in their place) and keeping the community informed about the discussions. However, all meetings would be open to all members of the community, and no one would have more influence than another. Lorri Graham made the point that when issues of transportation are raised, she wants to be able to speak for herself and not through a delegate. It was also decided that a facilitator should conduct the meeting to make sure no one dominates the discussions and that everyone's questions are considered. It was agreed the following people would serve for one year: Gerry Mahoney or Sarwan Sahota (SECRA) Julie Jones, Gord Ewington (community at large) Gary Vandergaast, Sue Stickley (LLRWMO) Janice Szwarz (Clarington) Issues to be discussed It was agreed that topics of discussion should be decided ahead of time and communicated to residents. Community members would then be able to determine if they are interested in attending the particular meeting. The LLRWMO could also gather the necessary information or bring the appropriate technical people to make sure all questions were answered. Using the LLRWMO website was discussed as a possible way to communicate information. Port Granby Project Discussion Group 30f4 2006 January 16 . ..... Topics that people expressed an interest in discussing at future meetings are: . Research and information that led to the proposal for the capillary drainage system instead of two base liner systems; interest was expressed in research testing protocols; . Why the Port Hope and Port Granby Project designs differ, and how similar facilities around the world are designed; . How monitors function and how the community can become involved in making sure monitoring information is used to protect environmental safety; . How long will leachate continue to be produced in the mound given the sloppy consistency of the waste; . How can the facility be repaired if the base liner ever leaks? Next Meetina The next meeting will be planned for mid March. The LLRWMO and community delegates will discuss the date for the next meeting, confirm an agenda and the delegates will inform the community. Sue Stickley apologized that the LLRWMO did not check with all potentially interested people to ensure they could attend the inaugural meeting, but that the new process would improve on that. Adiournment: 9:00 p.m. Port Granby Project Discussion Group 40f4 2006 January 16 ~l~ipgton REPORT #1 REPORT TO COUNCIL MEETING OF MARCH 20, 2005 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FRIDAY, MARCH 3, 2006 RECOMMENDATION: 1. 2006 CURRENT AND CAPITAL BUDGET THAT Report FND-002-06 be received; THAT the 2006 Budget be reduced by $94,400, by making the following changes: 1) Defering bridge work at Nichols and Rundle Road to the year 2007 - $14,000; 2) Defering Lambs Road and Concession 4 Drainage to the year 2007 - $10,000; 3) Defering guiderail replacement for Lake Road, Bowmanville - $7,000; 4) Reducing traffic sign replacement by $10,000; 5) Reducing guide post replacement by $5,000; 6) Eliminating satellite link for Channel 12 - $20,000; 7) Reducing Bowmanville Indoor Soccer Hydro by $10,000; and 8) Reducing Rickard Recreation Complex Hydro budget by $18,400; THAT the Furniture/Fixture Accounts totaling $79,500 be reduced by 70%; THAT the Other Capital Accounts totaling $39,400 be reduced by 50%; THAT the Other Equipment Accounts totaling $27,100 be reduced by 50%; THAT the Operations Department budget for Student Wages be reduced from $8,500 to $6,000; THAT the hiring of four firefighters in December 2006 at a cost of $28,750 be approved; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Report #1 -2- May 16, 2005 THAT the Clarington Older Adult Association request for $9,000 from the Capital Reserve Fund for the purchase of three office workstations be approved; THAT Schedules "A", "B" and "C" in Report FND-002-06 outlining Reserve and Reserve Fund Contributions be approved; THAT additional revenues earned through increases in fees for recreational facilities be set aside in a Community Services building replacement reserve fund, with no impact on the existing tax base; THAT approximately $1,000,000 be drawn from the accumulated surplus to offset the tax rate impact; THAT the financing of capital projects, as outlined in the document attached to Report FND-002-06 be approved; THAT the capital forecast be received for information; THAT the external agencies referred to in Report FND-002-06 be advised of Council's decision regarding their grant request; THAT 2006 staffing changes be approved, as identified in Report FND-002-06; THAT Report FND-002-06 satisfy the requirements of Section 300(1) of the Municipal Act, S.O. 2001, c.25; and THAT the appropriate by-laws to levy the 2006 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. lll![ipgton REPORT #2 REPORT TO COUNCIL MEETING OF MARCH 20, 2006 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 6, 2006 RECOMMENDATIONS: 1. FORTHWITH RECOMMENDATIONS (a) COD-011-06 - Public Sector Salary Disclosure Act 2. REPLICA AND IMITATION FIREARMS THAT Report CLD-007-06 be received; THAT the by-law attached to Report CLD-007 -06 to regulate the sale and possession of replica firearms and imitation firearms in the Municipality be forwarded to Council for passage; and THAT PC Todd Petzold, Durham Regional Police Services, and all area municipalities within Durham Region be advised of Council's decision. 3. COMPREHENSIVE REPORT - ADVERTISEMENT COSTS THAT in consideration of the increasing costs associated with Corporate advertisement, staff is requested to bring forward a comprehensive report outlining cost effective options, and a review of the existing policy, for consideration in respect of print media advertisement; and THAT this report be brought back to the General Purpose and Administration Committee on a timely basis. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-33H Report #2 - 2- March 20, 2006 4. PRESENTATION -INSPECTOR BILL TEMPLE, DURHAM REGIONAL POLlCE SERVICES THAT Inspector Bill Temple, Durham Regional Police Services be thanked for his presentation. 5. PRESENTATION - MPAC THAT the presentation of Mike Porporo, Municipal Relations Representative, MPAC, be referred to the Director of Finance for an information report. 6. CLARINGTON PHYSICIAN RECRUITMENT RE-ALLOCATION OF FUNDS WHEREAS the Clarington Physician Recruitment Committee has put forth a recommendation to Council to re-allocate $38,000 of the fund that was set aside for Organization Consulting Ltd. to recruit physicians; and WHEREAS the Committee advised staff that the Consultant in unlikely to recruit the expected number of physicians at the conclusion of the contract at year end; and WHEREAS the Committee requested the said fund to be used to hire a part-time administrative person to assist in the recruiting process and that the said fund be administered through the Clarington Board of Trade; NOW THEREFORE, Council resolve that $38,000 of the remaining fund for the physician recruitment consultant be re-allocated to the Clarington Board of Trade for the purpose of assisting in the physician recruitment effort. 7. DELEGATION OF RON HOOPER -INVENTORY ANALYSIS OF TRAFFIC INTERSECTIONS THAT the delegation of Ron Hooper be referred to the Engineering Department. B. WOMAN OF DISTINCTION AWARD NOMINATION THAT Sylvia VanHaverbeke be nominated for the Woman of Distinction Award. 9. HOURS OF OPERATION OF GAS STATONS THAT Report CLD-005-06 be referred to staff. CI!Jlmgron REPORT 113 REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: March 20, 2006 Report #: CLD-008-06 File #: By-law #: Subject: PRIVATE PARKING ENFORCEMENT RECOMMENDATIONS: It is respectfully recommended to Council: 1 . THAT Report CLD-00B-06 be received; 2. THAT the by-laws attached to Report CLD-00B-06 to appoint parking enforcement officers for private property be forwarded to Council for approval; and 3. THAT James McCauley, Scott Smith, Keith Pearson, Bernard Rooney, Aaron Rouse James Hunt, Elva Harding, Errol Wallace, P,R.O. Security Investigation Agency Inc. Group 4 Falk (Canada) Limited and Securitas Canada be advised of Council's actions. Submitted by. ~ Reviewed by: "'- /Xe~~ Franklin Wu, Chief Administrative Officer PLB*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-008-06 PAGE 2 BACKGROUND AND COMMENT Corporate private property owners have traditionally had the option of approaching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own property. P.R.O. Security & Investigation Agency Inc. requires officers James McCauley for their locations at the Bridle Path, the Townline Centre and the Clarington Mall to perform the enforcement duties on site as they relate to Handicapped, Fire Route and Visitor Parking offences at this site. Group 4 Falk Canada has requested that Scott Smith, Keith Pearson, Bernard Rooney and Aaron Rouse be appointed for their various sites. Securitas Canada requires James Hunt, Elva Harding and Errol Wallace for their site at 1651 to 1659 Nash Road in Courtice. All three companies have approached the Municipality and requested that their officers be authorized to issue parking tickets on their respective properties. In order for these officers to be able to perform these duties they must be appointed pursuant to the Police Services Act as Parking Enforcement Officers. All three companies have had officers appointed in the past and are aware that once appointed these officers must attend at the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: 1 By-law to Appoint James McCauley as a Parking Enforcement Officer for Private Property 2 By-law to Appoint Scott Smith as a Parking Enforcement Officer for Private Property 3 By-law to Appoint Keith Pearson as a Parking Enforcement Officer for Private Property 4 By-law to Appoint Bernard Rooney as a Parking Enforcement Officer for Private Property 5 By-law to Appoint Aaron Rouse as a Parking Enforcement Officer for Private Property 6 By-law to Appoint James Hunt as a Parking Enforcement Officer for Private Property 7 By-law to Appoint Elva Harding as a Parking Enforcement Officer for Private Property 8 By-law to Appoint Errol Wallace as a Parking Enforcement Officer for Private Property CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-008-06 PAGE 3 INTERESTED PARTIES: P.R.O. Security Investigation Agency Inc Group 4 Falk (Canada) Limited Securitas Canada CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15. authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint James McCauley, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1402 Highway #2,2377 Highway #2,1-43 Bridle Path, 44-80 Park Lane Circle and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. James McCauley is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1402 Highway #2,2377 Highway #2 . 1-43 Bridle Path, 44-80 Park Lane Circle and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Scott Smith, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Scott Smith is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Keith Pearson, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Keith Pearson is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Bernard Rooney, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Bernard Rooney is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Aaron Rouse, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Aaron Rouse is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 72 Martin Road, Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint James Hunt, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1651 to 1659 Nash Road, Courtice, in the Municipality of Clarington: NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. James Hunt is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1651 to 1659 Nash Road, Courtice in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Elva Harding, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1651 to 1659 Nash Road, Courtice, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Elva Harding is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1651 to 1659 Nash Road, Courtice in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY-LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Errol Wallace, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1651 to 1659 Nash Road, Courtice, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Errol Wallace is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1651 to 1659 Nash Road, Courtice in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 20th day of March 2006. BY -LAW read a second time this 20th day of March 2006. BY-LAW read a third time and finally passed this 20th day of March 2006. John Mutton, Mayor Patti Barrie, Municipal Clerk q!Jlpn REPORT 114 REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, March 20,2006 Report #: PSD-032-06 File #: RE 6.2.10 By-law #: Subject: APPROVAL OF EXPROPRIATION, UNDER THE EXPROPRIATIONS ACT, RESPECTING THE PROPOSED EXPROPRIATION OF 46 EAST BEACH ROAD, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-032-06 be received; 2. THAT Council as the Approval Authority under subsection 5(1) of the Expropriations Act pass a by-law to approve the proposed expropriation for the purposes of a district park of the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Attachment 1, and to authorize the Mayor and Clerk to execute a Certificate of Approval of the expropriation; 3. THAT Council pass a by-law to expropriate the land for the purposes of a district park pursuant to the Municipal Act, 2001; and 4. THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to execute an expropriation plan of the land and cause the plan to be registered in the proper land registry office pursuant to subsection 9( 1) of the Expropriations Act; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: ~~. /111 ~ Reviewed by: C___} ~ Franklin Wu, Chief Administrative Officer David . rome, M.C.I.P., R.P.P. Director of Planning Services IUFUDJC/df 8 March 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-032-06 PAGE 2 1.0 BACKGROUND 1.1 Report PSD-096-04 dealt with the acquisition of 46 East Beach Road, Bowmanville, by the Municipality for the purposes of a district park. Recommendations 2 and 3 provided: . THAT Council hereby authorizes an application be made to the Council of the Corporation of the Municipality of Clarington as the approval authority under subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for the approval of the expropriation of the lands described as 46 East Beach Road, Bowmanville, for the purposes of a district park; and . THAT Council hereby authorize staff to take all necessary actions to serve notice of its application for approval to expropriate upon the owner of the land to be expropriated and to publish the aforesaid notice in accordance with subsection 6(1) of the Expropriations Act. 1.2 The property to be expropriated is owned by Alvarina De Lemos and Maria Celeste De Lemos. The land has frontage on the north side of East Beach Road. The north boundary abuts a water treatment facility owned by the Regional Municipality of Durham. The Municipality owns 147, 149, and 157 Port Darlington Road to the west and other lands in the immediate area (Attachment 2). 1.3 Council authorized the Municipality's application for approval of the proposed expropriation to Council. Council is the approving authority for an expropriation of land by the Municipality under the provisions of the Expropriations Act. The Act provides that Council as the approving authority must formally approve a proposed expropriation before it can occur. 1.4 On July 7, 2004, pursuant to subsection 6(1) of the Expropriations Act, the Clerk served notice of the Municipality's application for approval of the expropriation on the registered owners concerned, and published the notice in the Canadian Statesmen for three consecutive weeks. 1.5 Through the serving of the notice the owners were given the opportunity to request a hearing by an Inquiry Officer as to whether the proposed taking of the lands is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating auth,ority (the Municipality). The owners had 30 days of being served with the Notice to notify the Approving Authority in writing that a hearing was requested. On July 14th the owners requested a hearing and an Inquiry Officer was appointed on August 16th. The owners' withdrew the request on October 18th, 2004, prior to a hearing date being set. 1.6 The expropriation process for this property has been delayed by the appeal filed by Port Darlington Harbour Company, Glen Ransom, and Wiggers Custom Yachts Ltd. of Official Plan Amendment 39 proposed by the Municipality under application number COPA 04-005 and the subsequent hearing before the Joint Board. The hearing was held on January 1ih, 2006 regarding the OPA and a decision has been given approving REPORT NO.: PSD-032-06 PAGE 3 the OPA as amended with certain modifications. The result is that this application can now proceed. 2.0 COMMENTS 2.1 As the De Lemos have withdrawn their request for a hearing by an Inquiry Officer, they are not questioning whether the proposed taking of the lands is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. The only matter to be determined is the amount of compensation. Upon Council's approval, as the approval authority, of the expropriation, the owners' rights, in effect, will be converted from ownership of an interest in the lands in question to a right to be paid fair market value compensation for their interests. If compensation cannot be agreed to it will be determined through mediation or, if necessary, by arbitration by the Ontario Municipal Board. 3.0 CONCLUSIONS AND RECOMMENDATIONS 3.1 It is recommended that Council, as the Approving Authority under subsection 5(1) of the Expropriations Act, pass a by-law (Attachment 3) under the Expropriations Act to approve the proposed expropriation for the purposes of a district park and to authorize the Mayor and Clerk to execute the Certificate of Approval required by the Act. A copy of the Certificate of Approval is included as Attachment 4. 3.2 It is recommended that Council as the expropriating authority under the Expropriations Act complete the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Attachment 1, since the taking of such land is fair, sound, and reasonably necessary in the achievement of the objectives of the Expropriating Authority in providing a district park facility at that location. 3.3 It is also recommended that Council pass a by-law under the Municipal Act, 2001 to expropriate the lands in question for the purposes of a district park (Attachment 5). 3.4 Finally, it is recommended that Council pass a by-law to authorize the Mayor and the Clerk on behalf of the Municipality to execute an expropriation plan of the lands in question and authorize 'its registration in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act (Attachment 6). 3.5 If Council approves the proposed expropriation it will be completed by the registration in the proper land registry of a plan of the lands which are expropriated. The plan must be registered within 3 months after approval to expropriate has been given. Title is transferred to the Municipality on the registration of the plan. REPORT NO.: -PSD-032-06 PAGE 4 3.6 It should be noted that the Municipality cannot obtain possession of the land expropriated until notices are served on the registered owners which require possession of the land expropriated to be given to the Municipality on a specified date. That date must be at least 3 months after the date of service of the notice of possession. Before taking possession of the land, subsection 25(1) of the Act requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owners' interest and offer immediate payment of 100% of the amount of the estimated market value of the owners' interest. This offer must be served within 3 months of the registration of the plan. Notice of possession specifying a date that the Municipality requires possession must be served at least 3 months after the date of serving of an offer. ' Attachments: Attachment 1 - Draft plan of survey Attachment 2 - Ownership pattern Attachment 3 - By-law to approve expropriation under Expropriations Act and to authorize execution of Certificate of Approval of expropriation Attachment 4 - Certificate of Approval of expropriation Attachment 5 - By-law to expropriate for a district park under the Municipal Act, 2001 Attachment 6 - By-law to authorize execution and registration on title of expropriation plan List of interested parties to be notified of Council's decision: Paul B. Scargall Maria Celeste De Lemos Alvarina De Lemos REPORT NO.: PSD-032-06 INTERESTED PARTIES LIST Paul B. Scargall Rueter Scargall Bennett LLP BCE Place - Canada Trust Tower 161 Bay Street, Suite 4220 Box 226 Toronto, ON M5J 2S1 Maria Celeste De Lemos 504 Queen Street East Toronto, ON M5A 1V2 Alvarina De Lemos 504 Queen Street East Toronto, ON M5A 1V2 Anacnmem To Report PSD-032"( ! ~J:* I, ! II; ii- I!!ii' I I~ , ' l~ , 121 B :~i 11 I - III 0 I. I I I I ~I :~! - 1-. 0 / ! ~ "I ~ IIi I i i lHI \ I q I I 5 ~~~ I I I I ~ I" ! I ~ ,II I I .~ I Q. 2 ~il I~ I ~ I I ~ l . I -I!g ~8 ~I I I ; I I ~* . I 1-' ! r~'1 II=!~ . . I · I i _ r! I ~ i II~f I 'I ~ -I' . J ~I I :2: ~!I, I I ~ 11~11 i I ~ li~; I . i ml I X i ~~~ xii 99 q ~~1 ... I .,. <r- I~II ! - 0 0 II' ;"".1 ~ . tl .... ~ ~i l C) _I I ' .., .to . ... ...........~ ~ I .. .. . .. ,.. ..~ ~i J' ~! .' !1~ :! ~ ~~ - ~ fl" ~~IIII ~. i Up; I~;I i ~; i IHi Ii .. ~ ..... "~11l -I P- lW..-.... I> I (I ~ I ~ I II tit ,!I l I I I ~ o J ~ ~ I) ~ i .Ii! -I ~ ~ 11 I 1~~I~~ dhudll~I'! I!!!~!~!! I~::: Ii ; I I) I [h i!j i \U r. i ~ Ill" Idn r I ~ In a "': ~ .: .. 1:1 I ~ B': ~~ii ,~; i 1 J:1!~iib ~ j ai! 11~*jl; I II~ 'Ill. Z I ! , J Attachment 2 To Report PSD-032-06 J Sewer Treatment Facility Water Treatment Facility Lake Ontario . Proposed Lands to be Acquired by Expropriation Roll Number: 020-130-09500 Address: 46 East Beach Road, Bowmanville Site Area: 0.33ha (0.81ac) [J Lands Owned by Municipality of Clarington RE 6.2.10 Attachment 3 To Report PSD-032-06 ' THE CORPORATION OF THE MUNICIPAL TIY OF CLARINGTON BY-LAW NO, 2006-_ being a By-law to approve the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No, 40) as shown on the draft plan of survey contained in Schedule 1 hereto on behalf of the Council of the Municipality of Clarington as the approving authority under the Expropriations Act, and to authorize the Mayor and Clerk to execute a Certificate of Approval under the aforesaid Act WHEREAS at its meeting on March 20th, 2006 the Council of The Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD-032-06, and approved the expropriation for the purposes of a district park of the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No, 40) as shown on the draft plan of survey contained in Schedule 1 hereto; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, THAT the Council of The Corporation of the Municipality of Clarington as approving authority under the Expropriations Act, R.S.O" 1990. c,E.26, hereby approves the expropriation by The Corporation of the Municipality of Clarington of the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No, 40) as shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this By-law: 2, THAT the Mayor and Clerk are hereby authorized on behalf of the Council of The Corporation of the Municipality of Clarington to execute a Certificate of Approval of the expropriation by The Corporation of the Municipality of Clarington of the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto, BY-LAW read a first time this 20th day of March 2006 BY ~LAW read a second time this 20th day of March 2006 BY-LAW read a third time and finally passed this 20th day of March 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 ~ ~r. I~ ~I r "i II~ ~igl- I -\ ; ilj ~ 'e; "if tl ~ ~ . 1'1 ~ ~! II I l . ~ I I ~I~;~i ~ Ir i I OK I-! I I i 5 Ulj I q I I _l:~ ! I, ,~, Q. -It I a~ ! I, . Ii I ,i III I ~8 I ,11 i ~~ ; . ; I . il;~ ; i I ~ ... i~a! II~!I I · J I I :i!! · . )I I , I I . ' I ~!I~ I I- . J_II I I- II I~ ~ Ii:; I r i Ii- ' I _~'a . !lil r i 9 !~ij di , 1 -' I .,. i - T" I &; 0 0 ~ N I- ~~ () ill -I ............~ ~ I .. .. ;-.-1 ~! -Ill . ~iiI . 0 ~ . ~~tli "~ ~lf'lli~ ~ ~ III ~ _8 ~ ~tt 0 -- ~ I~II ~ R; i Sj I . ~ !J~ U i ~ IS. 'I · 11 ; i !i!;~ j: Ii ~!i~~ m I! d:llU!illf!; IHi II 1!!!!U!~!I~::: Ii I; I I! j;. i U lit i 111'1 -:~i' II fl. t I: I'n , "; - ..: .. J:! . 8 .. b.I u,; ~iil !h~ 1 1:11 _,un ~ j .9 rl2hi ! 1D~:i -'Jill ~ il~ JI~ l ; i! J S! .. J Attachment 4 To Report PSO':032-06 . CERTIFICATE OF APPROVAL IN THE MA TIER OF an application by The Corporation of the Municipality of Clarington for approval to expropriate 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto. The Council of The Corporation of the Municipality of Clarington hereby certifies that approval was given to The Corporation of the Municipality of Clarington on the 20th day of March, 2006 to expropriate, for the purposes of a district park, the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646- 0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this Certificate, being the land described in the application. DATED at Bowmanville, Ontario this 20th day of March 2006 The Council of the Corporation of the Municipality of Clarington John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 ! ~~;:. I" ! II; ill I~ll!;'t 5 rl~ill' ~~ I 21 ~ IIi ti ~ . III . ~ I~' ! Ix I . I . ~ . I o. :H~I Ir i . ~ i 5 d!i I 1.1 I I q I I I I ~ I!' . I ~ _ii~ -It I J a~ I Q. It ,II I 1I Ii I ~ i I ~ ~ .. I ' rl,5 I ~8 i i~ ! . ! J :s . Iii:! · J ... ~ . r I II:!. . r f , f! 5 ~ i I ~ i ~ .; 131 J . . a. S ~ ~!I~ I I ~ I I , i ~ lilll II I~~J lill I I i . !hl I r i 25 -~ dl 9!~q ~ 1 ," I i .,.. ,.. i - 0 a. 0 N .p ... s; <:) ~: .c:....... ...........~ ~ I .. t~ : I . - :~ I ~! 8 I' · .. W U .; S III ~ J I J! ~~:i ll%l:! fl i Ii !! ~ Q 3- . 11~ 19 1 ~ .' <I :..t IJ.. <;'7' ~ S;: I; l II , 1 JI. f ~b 31: !~~;:i ~ j ~q~i :. ~ IS. il 11. i ~ iil Wi 1. II !1.4.- 111'1 . al!IJ'J1li I . IJ . !;~Ui liil~l~ ~ ~ ~r II; ddrul,j~(l; 1,11 : il;: to I~ I · 1 ~ -' ~ ill t! . It I : i!!: I ~~~ ~ 0011 : I:!~!m~!l::!: I' n! r I I~il ~ ~; ~ ;'1; fil ! If!! II I'n I ": .t - ,; .. I:! 1 Attachment 5 To Report PSD-032-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-_ being a By-law to expropriate 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto, for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001 WHEREAS at its meeting on March 20th, 2006, the Council of The Corporation of the Municipality of Clarington, passed By-law 2006- _ approving the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Tqwn of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646- 0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the land more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is mor~ particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this By- law, is hereby expropriated for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001, c.25, as amended. BY-LAW read a first time this 20th day of March 2006 BY -LAW read a second time this 20th day of March 2006 BY-LAW read a third time and finally passed this 20th dayof March 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 ! ~~. it l'1 II; ill I I~ ~~il' ! ~i I ' ~~ I d I :gi tl I . !II . I- I . I . ~ ~! ~ . I'K . :H~I 0 Ir i i ~ ,-! I I q I I 5 i! I "1 II I ~ I~' J I ~ _a:~ -II I I .~ I 0.. l! III I II Ii I ~ I I ~ 5 . I . . lif! I ~8 f ~i 5 . . II I . I~i!! · I ... , II J ! I .1 II~!~ f I ~ i I ' i ~. I . . Go i ~ ~!I~ I I ~ I I- i ~ 11~li lill I r i I . i R I~ ~ 125 U~ ~~~ di 9!~~ ,. I w,. I '" ,.. I~II i - 0 oa; 0 I' . N ~ . t, .... !~il 0 -I I . coil ... . .. .........~ ~ I .. .. :.; I ~~ .,~ . 0 !g~1 :, ; !i1~~I~I! ~, i Ogt l: = ai MI. ~ i: ~ '1 .. II !! lJ~ 1: s 1l~ tit 1.:1, r Iii ; ~r I~ tit! ;"Z &I I IU II ~ i ~ 1 .II 0 ~ II , f 1 ~II ~. oJ 11 I~~U~ dhHdll~f'; I!!!! !!!!~ I~:!: 'i : I h I :J! ;1 <I :"1 J!J i ~b f't I ~ I .1, f ~ II) : Ii Ht ( .[ S 'n & ": ~ .: .. 1:1 . 8 .. ~~:9 li~ ~ i ~!JJf 'j"j" l! :I:U~i5in ~ j 'iI12h~ ! 015 "Iii ~ il~ JIll; ;if J ! , J Attachment 6 To Report PSD-632-06 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-_ being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto in accordance with Section 9 of the Expropriations Act WHEREAS at its meeting on March 20th, 2006, the Council of The Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD- 032-06, and approved the expropriation of the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646- 0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto; AND WHEREAS at its meeting on March 20th, 2006, Council passed By-law 2006- approving the aforesaid expropriation; AND WHEREAS at its meeting on March 20th, 2006, Council also passed By-law 2006-_ pursuant to subsection 6(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended to expropriate the aforesaid lands; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized on behalf of The Corporation of the Municipality of Clarington to execute an expropriation plan showing 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this By-law; 2. THAT the Mayor and Clerk are authorized on behalf of The Corporation of the Municipality of Clarington to cause the aforesaid expropriation plan to be registered in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act. BY-LAW read a first this 20th day of March 2006 BY-LAW read a second time this 20th day of March 2006 BY-LAW read a third time and finally passed this 20th day of March 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 ! ~~,.:. it l'1 II; ill I~~~ii S ~i I 8 ~i 5 :gt ti I l~ I . !ll . I- I . I . ~ i! ~ . . :H~! ! II~ i ! Ii I i i!i'll ,_I I I I 5 It I I ~ Iii J I ' _I~ ~ I I I 0.. I l! III I II h I ~ I I ~ 5 . I ~~ I ~8 . . ill! f ~~ ~i . II I :II ~ I ... II J I r~1 · . I II:!- I . J:! I ~ i li~l I ' i i~al . J ~I . !s!I~ I I ~ I I- i III" R I~ ~ Ii:; I r i . lid I r i ~~ 9~iq di .. I w' I '" i - ,.. 0 oa; 0 N ~ .... 0 -. "'~ ~ I .. .. ~l ~~ ,,!~i ~~I~I! 1~"Il: I~i' .~ o II) ~ 18 . - iii "j li <:> ~I ~ ". J: . ai ~; ~ il; . ~J~ 11 1!6 ~I IiI ;; ~r I~ hi I! It!i II ~ o J ~ ~ 11'1 I~ n ~~h~ dh UdiUll; I!!!~m~!l~:!~ ~i ~ I h I :)J i!J i ~U f. i ~ I :lq : . ul I : till: t I~ ~ ~n a ...~ ~ - .. 1:1 . 8 .. ~ ~. I '; ~:9 II!! i ~!I ~~!~ . i:U~i~h ~ I ai~II~'!i! 10 . I. I\) il~ JIll; Z ) ! } J SUMMARY OF BY-LAWS MARCH 20, 2006 BY -LAWS 2006-054 being a by-law to regulate the sale and possession of replica firearms and limitation firearms in the Municipality of Clarington (Item #2 of Report #2) 2006-055 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (James McCauley) 2006-056 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (Scott Smith) 2006-057 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (Keith Pearson) 2006-058 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (Bernard Rooney) 2006-059 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (Aaron Rouse) 2006-060 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (James Hunt) 2006-061 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (Elva Harding) 2006-062 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Report #3) (Errol Wallace) 2006-063 being a by-law to approve the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646- 0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto on behalf of the Council of the Municipality of Clarington as the approving authority under the Expropriation Act, and to authorize the Mayor and Clerk to execute a Certificate of Approval under the aforesaid Act (Report #4) 2006-064 being a by-law to expropriate 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town -of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto, for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001 (Report #4) 2006-065 being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durhaml which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto in accordance with Section 9 of the Expropriations Act (Report #4) 2006-066 Confidential Report EGD-014-06 (Report #5) 2006-067 Confidential Report EGD-014-06 (Report #5) Cl!Jlmgton MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 17, 2006 Subject: Committee and Board Appointments - March 20, 2006 In response to an advertisement placed in the local newspapers, applications have been received for the following committee appointments: 1. Local Architectural Conservation Advisory Committee (1 position) - Duane Cook 2. Samuel Wilmot Nature Area Management Advisory Committee (1 position)- R. Brian Reid Roger Hardy John Stone 3. Clarington Highway 407 Community Advisory Committee (1 position representing Ward 2) - David Duffie An application was also received for the Accessibility Advisory Committee, however, the legislation states that the majority of committee members shall include people with disabilities. The person who applied for this position did not comply with this requirement. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 The advertisement also requested applicants for the Traffic Management Advisory Committee, however, there were no applications received for this committee. Copies of the applications received have been circulated under separate cover. ;;;2 (, Patti L. Barrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer Department Heads Cl!Jlpn MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 20, 2006 Subject: Committee and Board Appointments - March 20, 2006 In response to an advertisement placed in the local newspapers, an application has been receive after the closing date, for the following committee appointment: 1. Traffic Management Advisory Committee - Andrew Bouma Mr. Bouma stated he was out-of- town at the time the advertisement was placed in the local newspaper, and is requesting Council to consider his application. _ I/J ----tt;f; Patti L. Barrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CI!Jlmgton MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 20, 2006 Subject: ADDITIONS TO COUNCIL AGENDA - MARCH 20, 2006 Please include the following items at the March 20,2006 Council meeting: 1. Confidential Verbal Report of the Director of Planning Services - Wallbridge House. 2. Committee and Board Appointments - Application Local Architectural Conservation Advisory Committee (1 position) - James Franklin Rook (please note this application was received within the time frame and not included in the original memo dated March 17, 2006) e cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 • tLeadingthe Wa y MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 17, 2006 Subject: Delegation of Richard Ward — March 20, 2006 Richard Ward is appearing as a delegation at the Council meeting of March 20, 2006 to address the Property Standards Orders that were issued on his property. The orders required: 1. Repair or replace and secure all missing or loose sections of metal roof on the main barn. 2. Remove and properly dispose of all rubbish and debris for the property. This included building material, brick, bicycles, debris, scrap metal, appliances, plastics and tires. 3. Remove all inoperative, wrecked, abandoned machinery, vehicles, trailers, boats and/or their component parts. Mr. Ward appealed the orders to the Property Standards Committee. At the hearing, the Committee upheld both orders. In accordance with the Building Code Act, Mr. Ward had the option of appealing the decision of the Committee to the Superior Court of Justice by December 1, 2005. He did not do so. I do not know what Mr. Ward will be requesting of Council, however, in accordance with the legislation, an order that is deemed to be confirmed or modified by the Property Standards Committee or a judge shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the order. The Municipal Law Enforcement Officers are prepared to proceed with the clean up of the property, 'd advise Mr. Ward that we would not proceed until following his delegation to Counc' . Patti L. Barrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 • ME Leaden MO Crarly- g the CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 17, 2006 Subject: Delegations of John Jaworski and Deana McDuff— March 20, 2006 John Jaworski and Deana McDuff are appearing as delegations at the Council meeting of March 20, 2006 to address a drainage issue. In January 2006, the Municipal Law Enforcement Division received a complaint whereby the complainants indicated that in June 2004, June 2005 and January 2006 they have had to have their septic pumped, as they had been experiencing basement flooding. They have lived in the house since 1978 and have never had to have it pumped that often. In speaking with Mr. Jaworski on January 24, the Municipal Law Enforcement Officer was advised that he believes there was a change in the water table a short time after the installation of an in-ground swimming pool which resulted in excess ground water around his dwelling. To remedy the situation, a sump pump was installed with the discharge pipe routed toward the southeast corner of the lot. The officer was also advised that an additional, underground pipe was run from the point of discharge to the south property line and westward. In order to alleviate the drainage problem experienced by the neighbouring property, Mr. Jaworski was advised that he must reroute the drainage from the sump pump to the front of the property, pursuant to the provisions of the Municipality's Drainage By-law#2004-078. He was given until April 12, 2006 to have this work completed. He was later advised that we were willing to allow him until August 31, 2006 to have the work completed, provided he could prove to us that the work was scheduled to be completed. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 As a. number of the other neighbours have weeping tiles that also disperse water to this location., Mr. Jaworski does not believe that the problem is being caused by his sump pump. The fact that the neighbouring properties do not have mechanical assistances, namely a sump pump, which pushes ground water with force, left the officer with no choice but to address the matter with him accordingly as the by-law specifically governs the routing requirements for sump drainage and cannot be applied to weeping tiles. The complainants have been advised that once the sump pump line has been rerouted as required, any continued septic and/or flood problems could only be addressed through civil litigation. Patti L. 16airrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer Department Heads