Loading...
HomeMy WebLinkAbout04/26/2004 e - - " Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON April 26, 2004 Minutes of a regular meeting of Council held on April 26, 2004, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Supervisor, Operations Department, P. Broome Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Solicitor, D. Hefferon Manager of Special Projects of Planning Services, F. Langmaid Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Clerk, C. Tennisco Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES Councillor Foster indicated that he would be disclosing a pecuniary interest with respect to Confidential Report PSD-048-04 and By-law 2004-113. Resolution #C-199-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on April 5, 2004, be approved. "CARRIED" \ . . . . Council Minutes PRESENTATIONS PUBLIC MEETING DELEGATIONS -2- April 26, 2004 Mayor Mutton presented the Corporate Citizen of the Year award to Wilson Little, Austin MacMurdo and Fabio Cesconetto of St. Marys Cement. St. Marys Cement has been a major corporate donor in the community for the past 37 years, The recipients of their generous donations are: - Durham Cancer Centre $50,000,00 - UOIT 25,000,00 - Clarington Sports Hall of Fame 25,000,00 - Clarington Toros, Memorial Hospital Foundation, the Junior Firefighter Program and numerous sport organizations, Resolution #C-199-04 A Moved by Councillor Schell, seconded by Councillor Robinson THAT the Agenda be altered to allow for the remaining presentations to be heard following the Public Meeting and the delegations. "CARRIED" In accordance with Section 150 of the Municipal Act, 2001, a public meeting is being held to hear concerns and comments with respect to the Municipality's By-law to Licence Refreshment Vehicles, No one appeared before Council to address the refreshment vehicle by-law, Linda Gasser, 7421 Best Road, Orono, LOB 1 MO appeared before Council regarding the Direct Election of the Regional Chair. Ms. Gasser thanks Mayor Mutton and Mayor Parish for their motion to Regional Council to directly elect the Regional Chair. She stated the regional portion of the property tax bill is in excess of 40%, far more than the other two components. The Chair continues to be selected by 28 members of Regional Council, thereby candidates only require the support of 15 members of Council. The Regional Chair is the face of Durham Region. How could the Chair define the public interest under the current system when we do not have a forum that facilitates engagement of citizens in region-wide debate on key issues. A directly elected Chair could represent residents .' , . . . ,. Council Minutes DELEGATIONS PRESENTATIONS RECESS -3- April 26, 2004 from a position of strength and credibility, A survey across Durham stated 89.4% of the residents who participated supported direct election of the Regional Chair. She requests that Council support the resolution for direct election of the Regional Chair and urge Regional Councillors to vote in that regard. Jeff Virgin, 23 Virtue Court, Enniskillen, LOB 1 JO advised prior to the meeting that he would not be addressing Council regarding sidewalks in Enniskillen, Staff Sergeant Bruce Townley, Durham Regional Police Services, Connie Vail, Regional Health Department and Tony Fanara, Outback ATV Club addressed Council with respect to ATV Safety. They advised that they are working together to educate the public on the safe, legal operation of A TVs. Their future plans include: . Week of May 10 to May 16 has been proclaimed ATV Safety Week by Durham Region and all eight municipalities - including Clarington During ATV Safety Week information will be published in the media Information displays throughout Durham Region Sunday May 16, displays will be provided along the ATV trails in Ganaraska Forest During the next year they would like to get more information out to the high-risk groups Partner with ATV retailers and manufacturers to promote A TV safety courses Look into the development of ATV trails to connect with existing trails to the east and north of Durham Region. . . . . . . Resolution #C-200-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 7:40 p.m. , . . . " , Council Minutes PRESENTATIONS -4- April 26, 2004 Gregory Smith, Ontario Power Generation updated Council on the activities at the Nuclear Station, as follows: . Accomplishments . Steam Door Incidents - numbers have decreased from 31 in 2000, 4 in 2003 to 1 in the first quarter of 2004 . Reactor Trip Rate - Actual was 0.47 per 7,000 hours of peration, better than the target of 1.00 per 7,000 hours of operation.' Radiation Exposure to the Public - Actual was 1.1 microsievert, better than target of 7.5 microsieverts; regulatory limit is 1,000 microsieverts. . Accident Severity Rate Summary - Actual was 0.29 days lost to injuries per 200,000 hours worked, better than target of 2.47 days lost to injuries per 200,000 hours worked. . 2003 Accomplishments _ First five-year operating license ever issued by the regulator, the Canadian Nuclear Safety Commission - Worked over 5 million hours without a lost-time accident. - Recertified for ISO 14001 Environmental Management System (first earned in 1997) - Returned all four units to 100% of full power _ First multi-unit nuclear station in North America to return all units to high power following province-wide black-out. . Upcoming Public Meetings . April 28 - CNSC Hearing into construction license - Darlington Used Fuel Dry Storage Facility - 1 :30 p.m. - Ottawa . June 4 - Third annual Environmental Convergence Wildlife Corridors . April 27 - Public Alerting Open House - 7 p,m. - Beech Centre 8:30 a.m. - Darlington Nuclear Information Centre Mr. Smith outlined Ontario Power Generation's principles which guide their actions and relationships with their host community and described the many community partnership they enjoy. -~ "! . . . Council Minutes COMMUNICATIONS 1-2 C06.CL 1-3 C06,GA 1-4 SOO.GE F21.GE 1-5 E05.GE 1-6 C06.VE -5- April 26, 2004 Resolution #C-201-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information, be approved with the exception of Items I - 1, I - 8, I - 15, I - 18 and 1-22. "CARRIED" Minutes of the Clarington Traffic Management Advisory Committee meeting dated March 18,2004. Minutes of the Ganaraska Region Conservation Authority meeting dated March 18, 2004. John O'Toole, MPP, Durham, writing to The Honourable John Gerresten, Minister of Municipal Affairs, requesting full consideration of the resolution from Clarington, as endorsed by the Township of Scugog concerning the Development Charges Act as it relates to hospital funding. Clarington has the support of the Newcastle-Bond Head Ratepayers Association. John Mills, Regional Director General, Environment Canada, Ontario Region, providing Council with the State of the Great Lakes, 2003 fact sheet series. It addresses key questions commonly asked about the Great Lakes using information from the environmental indicators presented in the State of the Great Lakes 2003 report. These tools monitor change over time and are analyzed every two years to provide information on the current conditions. The Fact sheet series uses these indicators to answer some human health-related questions regarding drinking water, fish and the safety of swimming in the water. Veridian Corporation advising Council of dividend payments to municipal shareholders in the amount of $1 ,068,000 to be paid to the Town of Ajax, City of Pickering, Municipality of Clarington and City of Belleville. Despite a challenging business environment, they managed to achieve an after tax net income of $3.3 million. The dividend payments come to about 30% of Veridian's 2003 net income. Dividends will be proportionate to the number of Veridian shares held. The City of Pickering will receive $437,880, the Town of Ajax $342,828, the Municipality of Clarington $145,248 and the City of Belleville $142,044. . . . . .' Council Minutes COMMUNICATIONS 1-7 P09.GE 1- 9 P09,GE 1- 10 P17.GE I - 11 E05.GE -6- April 26, 2004 Jill Haskins, Secretary, Association of Hospital Volunteers, thanking Council for the Clarington pins and key fobs for the HAAO Region 7 Annual Spring Conference for hospital volunteers, held on April 14, 2004. The support for their volunteers and Lakeridge Health Bowmanville is truly appreciated. Darlene Matthews and Warren Lamondin, Coordinators, The Clarington Project Activity Centre, The Oshawa/Clarington Association for Community Living, thank Council for their kindness, sponsorship and gift basket donation to assist them to raise over $6,000 at the 7th Annual Gala and Silent Auction. The Clarington Project supports people with intellectual disabilities. Bill Green, Area Director, Correctional Service of Canada, Scarborough, York & Durham Regions, advising Council of their mandate to administer sentences imposed by the courts of two years or more. Their responsibilities begin at the sentence where a federal Parole Officer meets with a sentenced offender to gather critical information for the purpose of identifying immediate needs and concerns. A post-sentence Community Assessment is requested and the offender is placed to a federal institution for the completion of an in-depth Intake Assessment and then placed at an institution. Their commitment to public safety is paramount Community engagement and public education is a major ongoing initiative and they offer public education events to audiences, as well as school classrooms. John Bolognone, Supervisor of Council & Committee Services, City of Burlington, advising Council that the City of Burlington on March 22, 2004 passed the following resolution regarding Overall Planning and Transportation in the GTNGolden Horseshoe and the Requirements for a Full Environmental Assessment for a Mid Pen Transportation Plan: "THAT the Mayor be authorized to submit a letter to the Honourable Harinder Takhar, Minister of Transportation, the Honourable David Caplan, Minister of Public Infrastructure Renewal, and the Honourable Leona Dombrowsky, Minister of Environment, outJing the City of Burlington's position pertaining to the overall planning of transportation systems in the GT NGolden Horseshoe and more specifically to the requirements of a Full Environmental Assessment for a "Mid Pen Transportation Plan"; and . . . .' Council Minutes COMMUNICATIONS 1- 12 F11.GE I - 13 F11.GE 1- 14 C10.MO -7- April 26, 2004 THAT the City Clerk forward a copy of the Council Resolution and Engineering Department Report E-16/04, dated February 23,2004, to the Honourable Tony Valeri, Minister of Transport, local member of Parliament, local Members of Provincial Parliament, and all GTAlGolden Horseshoe municipalities." Kaye Quinney, Treasurer, Clarington East Economic Support- Clarington East Food Bank, thanking Council and Joe Caruana, the Director of Community Services Department, for the grant of $1,500. The donation will assist in helping to meet the needs in our communities. Marilyn Martin, Senior Citizens of Newcastle, thanking Council for the grant the association received. The seniors will be able to continue to enjoy the special activities for several years to come. Gail Empey, Clerk/Deputy Treasurer, the Corporation of the Township of Cavan-Millbrook-North Monaghan, advising Council that the Township Council passed the following resolution on April 5, 2004: "Whereas Conservation Authorities were decimated by provincial funding cutbacks in the mid 90's; and Whereas Conservation Authorities' roles have been increased since the Walkerton Inquiry and the Oak Ridges Moraine legislation; and Whereas the vital role of the Kawartha Region Conservation Authority has been challenged by the City of Kawartha Lakes; and Whereas the other communities in the watershed value the work and protective function of the conservation authority and are therefore will to pay their share; and Whereas neglect of that watershed will put not only the City of Kawartha Lakes but also other communities at risk; NOW THEREFORE BE IT RESOLVED THAT the Township of Cavan-Mill brook-North Monaghan confirms its support for the Kawartha Region Conservation Authority budget and requests that the budget appeal put forward by the City of Kawartha Lakes be dismissed; and . . . . " Council Minutes COMMUNICATIONS I - 16 C10.MO 1-17 C10.MO -8- April 26, 2004 THAT the Ministry of Natural Resources, Minister of Municipal Affairs and Housing, the Minister of the Environment, all Kawartha Region Conservation Authority watershed municipalities and the Region of Durham be advised of Council's decision." P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising the Minister of Municipal Affairs and Housing that Regional Council passed the following resolution on April 14, 2004, regarding The Oak Ridges Moraine Conservation Plan Technical Papers Series - Part 1 - Ministry of Natural Resources 2004-P-038: "a) THAT Report #2004-P-38 of the Commissioner of Planning be endorsed and submitted to the Ministry of Municipal Affairs and Housing as the Regions' comments on EBR Registry #PF04E0001; and b) THAT a copy of Report #2004-P-38 of the Commissioner of Planning be forwarded to the area municipalities, the Conservation Authorities, the City of Kawartha Lakes, the Counties of Northumberland and Peterborough, and the Regions of York and Peel." p, M. Madill, Regional Clerk, Regional Municipality of Durham, advising the Minister of Municipal Affairs and Housing that Regional Council passed the following resolution on April 14, 2004: "a) THAT the Minister of Municipal Affairs and Housing and the Minister of the Environment be requested to pass the required regulation and to proclaim the outstanding sections of the Brownfields Statute Law Amendment Act, 2001 (Bill 56); b) THAT a letter be directed to the Minister of Municipal Affairs and Housing from the Regional Chair, co- signed by the eight area municipal Mayors, requesting immediate action to implement the Region's previous request to amend the community improvement provisions in Section 28 of the Planning Act, 1990, and related sections of the Municipal Act, 2001, in order that the Region may provide incentives in area municipal community improvement plans; and . . . .' Council Minutes COMMUNICATIONS 1- 19 L04,WA 1-20 C06.LA 1-21 C06.KA 1- 23 D04,GE -9- April 26, 2004 c) THAT a copy of Report #2004-P-39 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing, the Ministry of the Environment, the Association of Municipalities of Ontario, the MPP's and the area municipalities in Durham." Vicki Barron, CGA, Executive Director, Waterfront Regeneration Trust, updating Council on the status of the Lake Ontario Waterfront Trail and Greenway. The Trail passes through all 35 of Ontario's Lake Ontario waterfront communities, right from Niagara on the Lake to Brockville. It is a unique experiment in urban and natural regeneration that has captured the public's enthusiasm, support and desire for completion. The Trail is accessible to over 59% of Ontario's population and 22% of the national population, which will playa key role in attracting visitors from the United States and abroad. The current major initiative is the coordination of a $32M public infrastructure investment on the Trail and Greenway. The investment will result in 125 kms of new trail and connections; 6 major waterfront promenades; 2 bridges; improvement to over 20 waterfront parks; 5 new cultural heritage facilities; interpretation of over 20 waterfront habitats; 4 major Brownfield rehabilitation projects; 6 habitat restoration projects and 3 harbour/marina revitalization project. In the Municipality of Clarington the following projects are included: . Samuel Wilmot Nature Area - paths and lookout; and . Bowmanville Harbour Rehabilitation - play area, boat launch, fish cleaning station. Minutes of the Local Architectural Conservation Advisory Committee meeting dated March 16, 2004. Minutes of the Kawartha Conservation meeting dated February 4, 2004. Association of Municipalities of Ontario advising Council that the Province will provide a one-time funding commitment of $1 0 million for a Provincial Rent Bank Program and an additional funding of $2 million for energy-related housing emergencies. The funding is intended to help low-income tenants with short-term arrears so they can stay in their homes and divert people from the emergency ,.. . Council Minutes COMMUNICATIONS 1- 24 C06.CL 1- 25 C06.SA 1-26 T03.GE . 1-27 L 11,GE I - 1 P09.GE . - 10- April 26, 2004 shelter system. The Emergency Energy Fund will provide financial assistance for energy costs to the OW/ODSP clients and persons with limited income, whether tenants or homeowners. Minutes of the Clarington Museums and Archives Board meeting dated March 17, 2004. Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting held on April 13, 2004. K, Kitteringham, Deputy City Clerk, City of Oshawa advising that City Council has referred correspondence regarding the amalgamation of local transit services in Durham Region from the Regional Municipality of Durham, the Town of Whitby, the Town of Ajax, Handi Transit Incorporated, the Township of Brock, the Township of Uxbridge, the Township of Scugog, the Municipality of Clarington, the Town of Whitby and the Whitby Chamber of Commerce to the Oshawa Transit Commission. John Gerretsen, Minister of Municipal Affairs and Housing forwarding the Residential Tenancy Reform Consultation Paper, Residential Tenancy Reform Executive Summary and Residential Tenancy Reform Questionnaire: Have your say. The provincial government is committed to delivering positive change by providing real and balanced protection for landlords and tenants and encouraging the growth and proper maintenance of the stock of rental housing across the province. Before introducing new legislation to achieve this goal, they are consulting extensively with tenants, landlords and others affected by these issues. Their consultation will take them to communities where they will speak with as many people and organizations as possible. Town hall meetings will be held in the GTA, Kitchener, Hamilton, London, Sudbury, Kingston, Ottawa and Thunder Bay. He invites members of council to meet with them and to attend one of the public meetings to provide comments on this very important topic. John Loreto, President, Memorial Hospital Foundation, Bowmanville and Chris Kooy, Corporate Director Patient Services and Interim Chief Nursing Officer, Lakeridge Health, requesting Council's input in a special research and planning initiative. Lakeridge Health Bowmanville is redeveloping Emergency, Intensive Care, Same Day Surgery, Endoscopy and Mammography to meet the growing needs of the community. They will be meeting with Mayor Mutton to talk about the hospital's plans and how the Foundation will work alongside it to bring them to life. . . . .' Council Minutes COMMUNICATIONS 1-8 D14.GE 1- 15 C10.MO -11- April 26, 2004 Resolution #C-202-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 1 be received for information. "CARRIED" Shawn R. Taylor, R.P. Bio., President, Habitat Works!, thanking Council for providing access to Municipal property and the noise exemption to By-law 89-64 to install the Aquadam to control water levels in the Westside Marsh. He's pleased to inform us that the dredging contractor completed their work by the March 31, 2004 deadline. They will be completing the islands with the raptor poles, habitat structures and much of the planting work to restore the wetland to its functionality over the next few months. They hope to organize a walk-about for the residents to describe what they have been doing. Resolution #C-203-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 8 be received for information. "CARRIED" P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising the Minister of the Environment that Regional Council passed the following resolution on April 14, 2004: "a) THAT a Nutrient Management Local Advisory Committee not be established in Durham Region at this time; and b) THAT a copy of Report #2004-P-037 of the Commissioner of Planning be forwarded to the Ministry of the Environment, the Ministry of Agriculture and Food, the Durham Agricultural Advisory Committee, the Durham Environmental Advisory Committee, the area municipalities and the Durham Federation of Agriculture." . . . Council Minutes COMMUNICATIONS 1-18 1-22 C10WA - 12- April 26, 2004 Resolution #C-204-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 15 be received for information. "CARRIED" Robert A. Martindale, M.C.I.P., R.P.P., Principal, Martindale Planning Services - Urban Planning & Development Consultants responding to Council on the Bowmanville Heritage Conservation District Study. The letter distributed to the neighbourhood with respect to the designation of the area under the Ontario Heritage Act, section "Breaking News" page 2 attributed to 'consultants and committee members' were statements not made by any of the consulting team and certain misleading statements regarding the provision of the Ontario Heritage Act (demolishing a building is automatically $1,000,000 rather than a maximum) and the Heritage Permit process taking up to 90 days is presumptuous. Resolution #C-205-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1- 18 be received for information. "CARRIED" P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that Regional Council passed the following resolution on April 14, 2004: "a) 2004 SOLID WASTE MANAGEMENT BUDGET AND TAX RATE i) THAT the proposed 2004 Reqional Solid Waste Manaqement Ooeratinq Budqet in the amount of $20,533,100 be approved as summarized in Schedule 1 to the Recommendations, and consistent with the detailed budget which accompanies this report; ii) THAT a capital expenditure of $620,000 be approved to purchase organic 'Green Bins' for the extension of curbside organics collection in the City of Pickering commencing in 2004, and . . . . .' Council Minutes COMMUNICATIONS b) - 13 - April 26, 2004 financed from the Solid Waste Management Reserve Fund, consistent with the previous direction of Regional Council; iii) THAT the Commissioner of Finance and Treasurer be authorized to set 2004 Reaional Solid Waste Manaaement Tax Rates based upon estimated Solid Waste Requirements as set out in Attachment 1, Schedule 2 of Joint Report #2004-J-1 0, and consistent with the 2004 Regional Solid Waste Management Operating Budget; SOLID WASTE MANAGEMENT FEES AND CHARGES i) THAT the Regional Fees and Charges for Solid Waste Management, which are unchanged from 2003, be approved as set out in Attachment 1, Schedule 1 of Joint Report #2004-J-10. The approved listing for Solid Waste Management will form part of the annual Regional listing of Fees and Charges to be distributed to the public; c) THE CITY OF PICKERING: REGIONAL INTEGRATED WASTE PROGRAM i) THAT Regional staff be authorized to finalize discussions with Miller Waste Systems (MWS) and report back to Regional Council with recommendations, prices, and timing, for the extension of the Regional Integrated Solid Waste Management services, currently provided by MWS in the Townships of Scugog, Uxbridge 'and Brock, into the City of Pickering; THAT Regional staff be authorized to finalize discussions with Miller Waste Systems (MWS) and report back to Regional Council with recommendations, prices, and timing, for the approval of a long-term agreement between the Region and MWS for kitchen food and yard waste composting services at a proposed new organics processing facility at MWS's current Squires Beach Road location to enable commencement of a curbside food waste ii) . Council Minutes COMMUNICATIONS v) . vi) . - 14- April 26, 2004 iii) collection and composting program Region- wide by July 1, 2006; THAT subject to the transfer of waste collection responsibilities from the City of Pickering to the Region pursuant to section 189 of the Municipal Act, the 2004 costs for collectionhousehold solid waste consisting of garbage, yard waste and kitchen food waste be recovered from taxpayers in the City of Pickering, through the Regional Solid Waste Tax Requirement, effective January 1, 2004; THAT approval be granted to fund 50% ($216,555) of the cost of the 2001 to 2003 Pickering Waste Diversion Pilot Project in the Amberlea neighbourhood of the City of Pickering, from the 2004 Regional Waste Tax Requirement for the City of Pickering; THAT at the City of Pickering's request, approval be granted to sole-source the purchase and distribution of wheeled 46.5 litre curbside Green Bins and 7.5 litre kitchen food waste containers from Norseman Plastics Ltd. to all City of Pickering households (approximately 31,000 in total) at a capital cost not to exceed $620,000 ($20 per household), including promotional products; THAT the capital cost (up to a maximum of $620,000) to purchase and distribute the curb- side 'Green Bins' throughout the City of Pickering be financed from the Regional Solid Waste Management Reserve Fund, consistent with the May 7, 2003 direction of Regional Council: iv) "THAT the Region ensure delivery of household 'Green Bins' to each household at a cost not to exceed $20 per household to be financed from the Regional Solid Waste Management Reserve Fund, consistent with the Region's 2002 capital funding commitment to purchase organics containers, as previously approved . . . Council Minutes COMMUNICATIONS - 15- April 26, 2004 by Regional Council during implementation of the Regional Integrated Waste Management Program in Clarington, Brock, Scugog and Uxbridge."; d) THE TOWNS OF AJAX AND WHITBY AND THE CITY OF OSHAWA i) THAT recognizing that a full Region-wide curbside kitchen food waste collection program is unlikely until July 1, 2006, and in order to begin facilitating the Region-wide implementation of curbside food, leaf, and yard waste collection programs without using plastic bags, the Region approve a phase-in of the previously approved $20 per household organics program capital funding allotment, from the Solid Waste Management Reserve Fund, to provide support for the following: a) The Town of Ajax request that the Region fund 50% ($15,000) of the cost of purchasing bundles of two kraft paper yard waste bags for each household in support of the new leaf and yard waste collection program; b) The Town of Whitby request that the Region fund 50% ($15,000) of the cost to supply extra kraft paper yard waste bags to each household in support of the new leaf and yard waste collection program; and, c) The City of Oshawa request that the Region fund 50% ($21,000) of the cost of bundles of two kraft paper yard waste bags for each household in support of the new leaf and yard waste collection program. . Council Minutes COMMUNICATIONS . . - 16- April 26, 2004 e) AN ENHANCED BLUE BOX PROGRAM THAT the recently expanded recycling program be further enhanced to include, as of May 31,2004, all plastic "tubs and lids, "which now have a stable industrial end-use market, including all butter and margarine containers, large yogurt tubs, ice cream pails, small pails (under two gallons), ketchup bottles, all bottles labeled #4 or #7 and all other food grade injection mould containers bearing a label marked #2, #4, #5, or #7; f) NEW DURHAM RECYCLING CENTRE i) THAT the February 2004 MacViro Consultants report "Analysis of Alternatives for the Processing of Recyclables the Next Steps Final Report" (Attachment 2) be received for information; and further, as recommended by the consultants, THAT Works and Finance staff be authorized to develop specifications for a Request for Proposals (RFP) for the design, construction and operation of a new Durham Recycling Centre, to be fully operational by July 1, 2006, and accommodate increasing volumes of recyclable materials due to the expanded program and population growth; ji) THAT the Region retain the services of a consultant, at a cost not to exceed $90,000 and funded from the 2004 Solid Waste Management Operations Budget, in order to assist in the preparation of a Request For Proposal for a new Durham Recycling Centre to assist in the technical evaluation of the bid submissions and to assist in contract negotiations leading to a contract award; Hi) THAT in order to carry on the Blue Box program until the new processing system is in place, Regional staff be authorized to negotiate contract extensions to July 1, 2006 as necessary, for contracts related to the curbside . Council Minutes COMMUNICATIONS . . - 17- April 26, 2004 collection of Blue Box recyclables; the sorting of the Region's Blue Box containers; and the sale of cardboard, boxboard and paper; g) ACHIEVING ABOVE 50% WASTE DIVERSION: NEXT STEPS THAT to increase waste diversion beyond 50%, Regional staff be authorized to enter into a consultant's agreement with MacViro Consultants Inc., at a cost not to exceed $90,000 and funded from the 2004 Solid Waste Management Operations Budget, to gain assistance in the development of an RFP for the design, build, and operation of an Energy From Waste (EFW) type facility for garbage residue wastes, to assist in the technical evaluation of the bid submissions; h) WORKING WITH OUR AREA MUNICIPAL PARTNERS i) THAT the Region acknowledge responses received from Pickering, Oshawa, Whitby and Ajax (Attachment 3) regarding the preference for local versus Regional collection responsibility and providing support in principle for Regional Integrated Waste Management Program service components, and the standardization of waste service levels Region- wide, and further that a copy of Report #2004- J-10 of the Commissioners of Works and Finance be forwarded to the City of Oshawa, and the Towns of Whitby and Ajax, with a request that Regional and Area Municipal staff continue discussions to develop an acceptable standardized waste management system; i1) THAT to allow for operational planning, Area Municipalities be advised that: a) Once the new Durham Recycling Centre is fully operational, the method of collecting curbside Blue Box recyclables will change from the existing biweekly collection service to an alternate weekly collection service, where all paper . . . Council Minutes COMMUNICATIONS - 18- April 26, 2004 fibers, boxboard and cardboard are collected one week, and all recyclable containers are collected the following week; and, b) Once the new Durham Compost facility is operational, that source separated kitchen food wastes are to be collected on a weekly basis and residual garbage waste is to be collected on a biweekly basis; iv) THAT to further promote waste diversion and allow for advanced notice to residents, the Region and the Area Municipalities reduce the weekly garbage bag limit to a standardized two clear garbage bags per week per household, effective July 1, 2006 consistent with the introduction of curbside food waste composting; iv) THAT to reduce the amount of residential garbage waste that is hauled to Michigan for disposal and further promote increased waste diversion, the Region and its Area Municipalities work together in implementing the reduction in the frequency of residual garbage collection service from the existing weekly service to a biweekly service, effective July 1, 2006; v) THAT the City of Oshawa be requested not to collect grass clippings as a yard waste material, effective January 1, 2005; i) OTHER MATTERS i) THAT the "Durham Region Waste Action Plan: 2004 to 2007" as shown in Attachment 4 be approved and used as a guide and timetable for major waste initiatives over the next four years; . . . Council Minutes COMMUNICATIONS - 19- April 26, 2004 ii) THAT the Cartwright Waste Management Facility (WMF) be closed effective December 31, 2004, 20 months after the start-up of the full Regional Integrated Waste Management Program in the Township of Scugog. as per the following April 17, 2002 direction from Regional Council: "THAT the closing of the Cartwright Waste Management Facility in the Township of Scugog be deferred for one year beyond the (start of the) organics collection program."; jji) THAT the Region support the request from the Township of Scugog to permit small commercial businesses the opportunity to purchase from the Region sheets of 10 garbage bag tags at face value and to sell garbage bag tags to their customers at face value; and iv) THAT the Regional Solicitor be authorized to prepare the requisite By-laws and agreements and the Regional Chair and Clerk be authorized to execute the subject agreements." Resolution #C-206-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 22 be received for information. "CARRIED" Correspondence Items D - 31, D - 32, and D - 33 were distributed as handouts. . . . Council Minutes COMMUNICATIONS D - 1 T01.GE D-2 T03.GE D-3 M02.GE - 20- April 26, 2004 Resolution #C-207-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Correspondence Items for direction be approved as per the agenda, including the handout items, with the exception of Items D - 7, D - 14 and D - 20 to D - 29, inclusive. "CARRIED" Bert Mondesir, Dip. Elect. Eng. BA, Lc, MIES, Section Head - Highway Lighting & Signalization, Electrical Engineering, Marshall Macklin Monaghan Limited, advising Council of the "Model Outdoor Lighting Regulation" which promotes good lighting practice with energy conservation, safety needs, and preservation of the natural night environment. There is growing pressure of the obtrusiveness of exterior lighting as it exists in terms of discomfort and disability glare. Marshall Macklin Monaghan Limited would like to share a view to outline the problem and offer practical solutions. (Correspondence referred to the Director of Planning Services Department) John O'Toole, MPP, Durham, advising Council that he has introduced a notice to the Legislature, in support of increased use of public transit by requesting that the Province offer income tax deductibility for those who use the public transit system. He would appreciate our comments and suggestions. (Correspondence referred to the Director of Engineering Services Department) Paul Siemon, Hands in Motion, requesting permission to hold the Clarington Terry Fox Run to be held on September 19, 2004. The insurance coverage is the same as in 2003 and the route will be marshalled to ensure participant safety. The event will raise funds to aid in cancer research. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) . . . Council Minutes COMMUNICATIONS D-4 M02.GE D - 5 T05.GE D-6 T09LGE D-8 R04.GE D-9 R05.GE - 21 - April 26, 2004 Staff Sergeant Bruce Townley, Clarington Community Police Office, Durham Regional Police Service, requesting permission to hold the "Cops for Cancer" fundraising event on May 21, 2004 to be held at the Town Hall, 40 Temperance Street, Bowmanville. He is requesting the closure of Temperance Street between King Street and Church Street from 10:00 a.m. to 1 :00 p.m. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) John Slobodzian, MTO Project Co-ordinator and Doug Allingham, Consultant Project Manager, Totten Sims Hubicki Associates, submitting a copy of the Highway 407 East Completion - Revised Draft EA Terms of Reference. The deadline for comments is July 2, 2004. (Correspondence referred to the Director of Planning Services Department) Robert Stone, Courtice Secondary student, requesting the construction of bicycle lanes on our streets. They could be put on the busy roads. (Correspondence referred to the Director of Engineering Services Department) Alysha Bell, Courtice High School student, advising Council that Courtice needs more parks. The only parks are behind schools, which can be pretty intimidating to anyone who does not attend that school. A fund raiser could be held to raise money and for space we could look for an area with dead trees that brings down an area by appearance. It would bring many smiles to so many peoples faces. (Correspondence referred to the Director of Engineering Services Department) Kurtis Russel Gilbride, Courtice High School student, saying there are not enough things for teenagers to do. This pushes towards having to hang out. The extreme sports are growing and he thinks . Council Minutes - 22- April 26, 2004 COMMUNICATIONS it is a good idea to support this and maybe some new pro- skateboarders in our area. He thinks they should put in another skate-park in Clarington, either at the new Courtice Complex or Darlington Sports Centre. (Correspondence referred to the Director of Engineering Services Department) D - 10 R05.GE Matt Stewart and local skateboarders, Courtice High School, suggesting a skate board park in Courtice. There are a lot of skateboarders in Courtice, but there isn't a place to skate without either being kicked out or having a chance of being hit by a car. They have been working with Mr. Trembly to get a skate park. He just wants to see if we would want to help them out to get a skate park with what they want. They will do some fundraising to get the park. . (Correspondence referred to the Director of Engineering Services Department) D - 11 P01.GE Environment Canada advising of the Code of Practice for the Environmental Management of Road Salts. On April 3, 2004 the Code was published by Environment Canada based on a science assessment in 2001 that concluded high releases of road salts around storage and snow disposal sites and through run-off and splash from roadways pose a serious threat to aquatic environments, plants and animals. The Code applies to any public entity that uses, or is responsible for the use of road salts and recommends plans to identify actions they will take to improve their road salt management practices. (Correspondence referred to the Director of Operations) D - 12 M02.GE John E. Lewis, President, Durham Region Labour Council, requesting Council to declare Wednesday, April 28, 2004 as "National Day of Mourning". The annual ceremony will take place at Oshawa City Hall, Civic Square, beginning at 12:00 noon. The Day of Mourning provides us with the opportunity to renew our commitment to the prevention of needless occupational injuries, illnesses and deaths and promote worker well-being. Council is invited to attend. . (Proclaimed) . Council Minutes - 23 - April 26, 2004 COMMUNICATIONS D - 13 M02.GE Mark Cousins, Committee Chair, Ontario Family Fishing Weekend Steering Committee requesting Council to promote 2004 Ontario Family Fishing Weekend to be held Friday, July 9 through Sunday, July 11, 2004 as a Iicence-free-fishing weekend and declaring these dates as "Ontario Family Fishing Weekend". (Proclaimed) D - 15 M02.GE Trish Derby, Executive Director, Child Find Ontario, requesting proclamation of the 13th Annual Green Ribbon of Hope Campaign during the month of May and National Missing Children's Day on May 25, 2004. (Proclaimed) D - 16 C10.DU John O'Toole, MPP, Durham, regarding the direct election of the Regional Chair. Recent comments and articles in the media suggest Durham's citizens are willing to proceed in this direction. He is willing to introduce a similar Bill as Private Member's Bill (Bill 109 - "An Act to amend certain Acts with respect to the Regional Municipality of Durham") which received first reading on December 17th, 1998. He is confident that, if such legislation had the clear endorsement of municipal councillors, it would have a good chance of passage in the Legislature. (John O'Toole, MPP, to be advise of Council's decision in this matter) . D - 17 C10.DU Linda Gasser thanking Mayor Mutton for bringing forward the motion to Regional Council on the direct election of the Regional Chair. As elected representatives, you know that a fundamental tenet of democracy is direct representation of and accountability to your constituents. Surely this same principle should apply to the top position at Durham Region. Absent direct election of the Regional Chair by Durham residents, there is no public forum for region-wide debate on the major issues affecting Durham Region. She respectfully requests all members of Council to support a resolution calling for the direct election of the Regional Chair. (Linda Gasser to be advised of Council's decision in this matter) D -18 C10.DU Dr. T. Kilpatrick, requesting Council to support the resolution to have the Regional Chair elected. Such an important position should have public input. To continue to have the Regional Chair appointed is not politically beneficial. (Dr. T. Kilpatrick to be advised of Council's decision in this matter) . . . . Council Minutes COMMUNICATIONS D - 19 C10.DU D - 30 D - 31 C10.DU D - 32 M02.GE - 24- April 26, 2004 J. Bradford Soles expressing his desire for the Regional Chair to be an elected position. It is a crucial role and must have accountability. Being an appointed position means he is not accountable to the electorate and this must change. (J. Bradford Soles to be advised of Council's decision in this matter) Confidential correspondence regarding a legal matter. (Correspondence referred to the end of the agenda to be considered during a "closed" session) Geoffrey North, requesting that all Council members vote unanimously in favor of direct election of the Regional Chair. Where it is possible for the Regional Chair to have previously lost a local election and yet be voted as Chair without popular support seems unbelievable to him. In light of the recent scandal in federal politics, he suggests that this is the only way to deter "cronyism". Like local Councillors, the Regional Chair should run on a platform that is open for all residents to see. Case in point, the current Chair was very involved in the development of lands right next to Lynde Marsh in Whitby, one of the few Class 1 Wetlands on the north shore of Lake Ontario. This area has now be ruined for future generations. Having a university biology and environmental science degree, he knows that current conservation efforts there are but a "Band-Aid" covering degradation. The Chair needs to be elected so that his/her actions are accountable. (Geoffrey North to be advised of Council's decision in this matter) Darlene Matthews and Warren Lamondin, Coordinators, The Clarington Project Activity Centre, requesting permission to fly their Banner which states "May is Community Living Month" from May 151 - 31 5t at the west entrance of Bowmanville on Highway #2. The banner is made to Veridian's specification and Veridian is prepared to install it, pending Council's approval. (Proclaimed) . . . . Council Minutes COMMUNICATIONS D - 33 D-7 F27.GE D -14 R05.GE - 25- April 26, 2004 Laurie Dinning, Mothers Against Drunk Driving, requesting permission to hold the Shawn Thomsons Madd Man Bike Tour to be held on May 13, 2004. The route is along Highway #2, support vehicles will travel with the participants and the insurance coverage will be in place. The event will raise funds to aid in promoting Mothers Against Drunk Driving. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Nancy Naylor, Assistant Deputy Minister, Ministry of Finance Provincial Local Finance Secretariat, advising Council in regards to the municipal and education tax rates for railway corridors for the 2003 tax year. The Province did not set rail corridor tax rates in 2003. On March 31,2004 the Minister of Finance established the tax rates for rail corridors for 2003 and extended the freeze on increasing rates for the 2003 tax year. Ontario Regulations 387/98 and 392/98 have been amended by Ontario Regulations 82/04 and 81/04 to reflect the freeze extension and to establish the 2003 municipal and education tax rates for rail corridors. Municipalities are required to revise their 2003 tax billings, if necessary. Resolution #C-208-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the correspondence from the Ministry of Finance regarding municipal and education tax rates for railway corridors be endorsed by the Council of the Municipality of Clarington. "CARRIED" Tyler Corvers requesting a skateboard park in Newtonville. There are many alternatives that they could turn to instead of skateboarding; they could be out on the streets doing drugs, but a skateboard park keeps them busy and out of trouble. Having a skateboard park would let them skateboard whenever they want and with that they would be getting a healthier lifestyle. These days when they are skateboarding down the road or on the road people, not only in cars but from the community, will complain about them. If they were provided with a skateboard park, conflict between skateboarders and the community will be prevented. . . . . Council Minutes COMMUNICATIONS D - 20 C10.MO - 26- April 26, 2004 Resolution #C-209-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item D - 14 be referred to the Director of Engineering Services Department and the Director of Operations. "CARRIED" Pat Madill, Regional Clerk, Regional Municipality of Durham advising that Regional Council tabled the following resolution at their meeting held on March 24, 2004 to allow for comments back from the area municipalities: 'WHEREAS the position of Chair of the Regional Municipality of Durham is a position that entails considerable political power and authority; And Whereas the Chair of the Regional Municipality of Durham now earns a base salary of over $150,000 per year plus benefits which is approximately equal to the base salary of the Premier of Ontario; And Whereas it is a basic tenet of local democracy that power flows from the people and the people have the right to directly elect political representatives at all levels; And Whereas the position of Chair is directly elected by the people in the Regional Municipality of Halton, the Regional Municipality of Waterloo, and the Regional Municipality of Sudbury and will soon be directly elected in the Regional Municipality of Niagara; And Whereas the Municipal Act, 2001 requires the following requirements be achieved, in sequence: 1. The Minister of Municipal Affairs and Housing shall enact the appropriate regulation(s) to allow for the direct election of the Chair, 2. Regional Council shall consider a resolution to pass a by-law to directly elect the Chair, ~ J . . . Council Minutes COMMUNICATIONS - 27- April 26, 2004 3. Public notice shall be given that Regional Council intends to pass a by-law to directly elect the Chair, and shall hold one public meeting to consider the matter, 4. Regional Council shall pass a by-law to authorize the direct election of the Chair, the substance of which shall include the form of election, and shall be passed with the following conditions: (a) a positive majority of all votes cast at Regional Council; (b) a positive majority vote of all lower-tier Councils within Durham Region; and (c) the total number of electors represented by the consenting lower-tier municipalities must form a majority of all electors within Durham Region. Now Therefore be it Resolved that the Council of the Regional Municipality of Durham hereby requests: That the Minister of Municipal Affairs and Housing expeditiously enact the appropriate regulation(s) to allow for the direct election of the Chair of the Regional Municipality of Durham." Resolution #C21 0--04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution of the Regional Municipality of Durham pertaining to the direct election of the Region Chair be endorsed by the Council of the Municipality of Clarington. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Councillor Foster Councillor MacArthur Councillor Pinale Councillor Robinson Councillor Schell Councillor Trim Mavor Mutton Yes 'V .J .J ..J .J '\J '\J No . . . Council Minutes COMMUNICATIONS D - 21 F11.GE D -22 M02.GE - 28 - April 26, 2004 Driftwood Theatre Group requesting Council's support. The Driftwood Theatre Group's 10th Anniversary season is in jeopardy. The group offers world class professional theatre performances. Despite continuing efforts the group is feeling a financial crunch as a non-profit organization. Driftwood will offer excellent across-the- Province recognition to corporate sponsors who contribute $1,500. Resolution #C-211-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 21 be referred to the Director of Community Services to determine eligibility under the municipality's grant process. "CARRIED" David Robinson, Canada & World Studies Department, requesting Council's financial support in the celebration of the 60th Anniversary of D-Day on the beaches of Normandy, France. Durham Region has 152 participants attending the Juno Beach celebrations; 40 being Courtice students and 8 parent volunteers. This event will command worldwide attention as reporters from around the world will be in attendance. As each of their travellers is paying for the cost of this trip, it is his hope that the three Township Councils would pay one third of the purchase cost of shirts, to be worn by all in attendance for security purposes, at a total cost of $3,800. This sponsorship of each municipality $1,266.67 to each municipality would also include the crest of each municipality to be stitched onto the golf shirt appropriate to the home of the traveller. He would also like two municipal flags to be displayed in the bus windows. Our assistance would be highlighted on their tour web site. Resolution #C-212-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item D - 22 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 23 F11.GE D - 24 C10.MO - 29- April 26, 2004 Ontario Professional Fire Fighters Association, requesting Council's support for the Ontario Professional Fire Fighters Association 2004 Convention to be held from June 6 - June 10, 2004 through an advertisement or sponsorship. The Ontario Professional Fire Fighters Association has a long history of good deeds, professionalism and community involvement. Resolution #C-213-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 23 be received for information. "CARRIED" Tony Derro, Secretary, The Association of Municipal Tax Collectors of Ontario advising Council that the Association passed the following resolution on February 7, 2004: "WHEREAS sections 356 (Division into parcels), 357 (Cancellation, reduction, refund of taxes), 359 (Increase of taxes) and 364 (Vacant unit rebate) of the Municipal Act. 2001 all contain provisions for an appeal of the municipalities determination of taxes under these sections, to the Assessment Review Board (ARB), and WHEREAS the issue for the appeal may include the assessment value used in the determination of taxes, and WHEREAS municipalities in Ontario rely solely on the Municipal Property Assessment Corporation (MPAC) to provide all property assessment values for their property tax determinations, and WHEREAS currently legislation does not require MPAC to participate in these appeals, as a party, and WHEREAS most municipalities in Ontario do not employ qualified property assessors, nor should they be forced to hire or retain qualified property assessors for the purpose of defending an appeal where the value provided by MPAC is of issue, and . . . Council Minutes COMMUNICATIONS - 30- April 26, 2004 WHEREAS this change would allow the above sections of the Municipal Act, 2001 to be consistent with section 331 (Taxes on eligible properties), which states that s.40 of the Assessment Act applies to a complaint under that section; NOW THEREFORE BE IT RESOLVED THAT the Association of Municipal Tax Collectors of Ontario (AMCTO) hereby requests the Province of Ontario take the necessary steps to amend the Municipal Act, 2001 so that any appeal to the ARB, where the property value is, or may be, an issue, the following subsections of s.40 of the Assessment Act apply: (4) When the Assessment Review Board receives a complaint, it shall forthwith transmit a copy to the assessment corporation. (5) The parties to the proceeding are the assessment corporation, the municipality, all persons complaining and all persons whose assessment is complained of. (7) If, before or during the hearing, it appears that another person should be a party to the proceeding, the Board shall add the person as a party; if the hearing has already begun, the Board shall adjourn it if necessary and give the person notice of the hearing. (8) Where value is a ground of complaint that is proceeded with, at the commencement of the hearing the assessor shall explain the manner in which the assessment was arrived at and the complainant shall explain the nature of the complaint. FURTHERMORE THAT this change be retroactive to include any appeals currently outstanding before the ARB, and FURTHERMORE THAT a copy of this resolution be forwarded to all AMTCO member municipalities, the Municipal Finance Officers Association, the Association of Municipal Mangers, Clerks and Treasurers, the Association of Municipalities of Ontario, and the Institute of Municipal Assessors for their support." . . . Council Minutes COMMUNICATIONS D - 25 C10.MO - 31 - April 26, 2004 Resolution #C-214-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution from the Association of Municipal Tax Collectors of Ontario regarding the amendment of the Municipal Act, 2001 related to appeals of municipal taxes be endorsed by the Council of the Municipality of Clarington. "CARRIED" J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on March 29, 2004, passed the following resolution: "WHEREAS Municipalities are vital to the economic growth and prosperity of Canada and its Provinces; AND WHEREAS the continued dependence on property taxes as the single major source of financing for municipalities is not appropriate; AND WHEREAS there is a need for additional funding over the long-term to assist municipalities with respect to infrastructure particularly transportation infrastructure repair and replacement; AND WHEREAS both the Federal and Provincial Governments place a significant tax on the sale of gasoline; AND WHEREAS the Province imposes the Retail Sales Tax on Goods purchased by municipalities; AND WHEREAS the Federal Government has recently eliminated a tax on other levels of government by providing a 100% GST rebate to municipalities; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Vaughan requests: That the Federal and Provincial Governments share 5% of the Gasoline Tax with Municipalities; That the Provincial Government fully exempt Municipalities from the Retail Sales Tax on the purchase of all goods; . . . Council Minutes COMMUNICATIONS D - 26 C10.MO - 32 - April 26, 2004 That the Provincial Government share a portion of the Ontario Sales Tax with Municipalities; That the Federal Government share a portion of the GST with Municipalities; And that a copy of this resolution be forwarded to Prime Minister Paul Martin, Minister of Finance Ralph Goodale, Premier Dalton McGuinty, Minister of Finance Greg Sorbara and local Federal and Provincial members of Parliament, and municipalities over 50,000. BE IT FURTHER RESOLVED THAT the City of Vaughan supports continued dialogue on a fair and equitable distribution of these sources of revenue with Municipalities." Resolution #C-215-04 Moved by CounciUor Schell, seconded by Councillor MacArthur THAT the resolution from the City of Vaughan regarding the Federal and Provincial Governments share of taxes be endorsed by the Council of the Municipality of Clarington. "CARRIED" Carolyn Downs, City Clerk, City of Kingston, advising Council that at a meeting held on March 30, 2004 the City of Kingston passed the following resolution regarding the Download of the Rent Supplement Program and the Rent Bank Program: "WHEREAS it has been announced that there will be a download of the Rent Supplement Program and the Rent Bank Program from the Province of Ontario to municipalities; and WHEREAS there has already been a significant download of social services from the Province of Ontario to municipalities that have provided substantial cost challenges to municipalities; . . . Council Minutes COMMUNICATIONS D - 27 C10.MO - 33 - April 26, 2004 THEREFORE BE IT RESOLVED THAT the City of Kingston request that the Province of Ontario not carry out this additional download unless the Province of Ontario is also willing to assume all direct and indirect costs that municipalities will incur as a result of assuming these programs; -and further- BE IT RESOLVED THAT a copy of this resolution be forwarded to all municipalities on our standard mailing list for endorsement, the Honourable John Gerresten, MPP, and to the Clerk of the Ontario Legislature for distribution to all members of the Provincial Parliament." Resolution #C-216-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the resolution from the City of Kingston regarding the downloading of the Rent Supplement Program and the Rent Bank Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" Township of the North Shore, advising Council that at a meeting held on April 5, 2004 the Township of the North Shore passed the following resolution: 'WHEREAS it is acknowledged that the Minister for Children's Services recently put out a communique, "Colouring Outside the Lines", which expressed support by many professional youth advocates, as well as the premier Dalton McGinty, that the Ministry name should reflect the youth segment of society and be more inclusive of teenagers; AND WHEREAS on March 10,2001 the Ministry officially changed the name to the Ministry of Child and Youth Services, and Ontario's Minister of Child and Youth Services, Dr. Marie Bountrogianni, has already set up a schedule of round table discussions in communities across southern Ontario to meet with community partners to gather ideas on how to improve services for young people through discussion forums; . . . Council Minutes COMMUNICATIONS - 34- April 26, 2004 BE IT RESOLVED THAT we support the Ontario wide youth organization, Town Youth Participation Strategy, in their ten year history working with youth groups all over Ontario compiling research that illustrates how definitive supports and measures provided to youth in sound, positive environments has increased positive growth and development of teenagers. That the research further illustrates that by providing programming and services to assist youth with constructive and hands-on approaches to problem-solving and providing a chance for each youth to experience opportunities that they would not otherwise have had exposure to, has proven to make the world or difference in those very formidable years before adulthood when they will become the next leaders and decision makers; BE IT FURTHER RESOLVED THAT TYPS Inc., the non- profit organization that works tirelessly in support of youth centres across Ontario, be invited to the final round table discussion in Toronto, or that a special forum for the purpose of discussing the needs of youth be coordinated, with an invitation to TYPS Inc. to present the research and speak on behalf of well over one hundred youth organizations across 5 regions of Ontario; AND FURTHER THAT a copy of this resolution, supported by each council, be forwarded directly to the Minister of Child and Youth Services and that a copy also be forwarded on to: TYPS Inc. 88 Cornelia St. West, Unit A3 Smith Falls Ontario, K7A 5K9 Fax 613-283-9107 Email:typs@magma.ca... Resolution #C-217 -04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 27 be referred to the Clarington Youth Advisory Committee for review. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 28 C10.MO D - 29 C10.MO - 35- April 26, 2004 Pat Berfelz, Deputy Clerk, Town of North Perth, advising Council that at a meeting held on April 5, 2004 the Town of North Perth passed the following resolution: 'WHERAS the Ministry of Environment has enacted Ontario Regulation 170/03; AND WHEREAS the above stated regulation has regulated the operation of small municipally owned non-residential water systems; AND WHEREAS a washroom facility at a municipally owned rural sports field is now considered to be regulated; AND WHEREAS the long term cost of operating such a small facility under the above stated regulations is prohibitively expensive; AND WHEREAS the return to 'port-a potties' as washroom facilities is not a positive change, and presents an increased health risk to users; AND WHEREAS the Perth District Health Unit also believes that the move away from the current facilities to portable facilities presents health risk; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of North Perth request the Ministry of Environment exempt small non-residential facilities which supply washroom facilities only from all portions of O.Reg 170/03." Resolution #C-218-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D - 28 be referred to the Director of Operations Department. "CARRIED" Sylvia E. Hammer, Administrator-Clerk, Corporation of the Township of Adelaide Metcalfe, advising Council that at a meeting held on April 5, 2004 County Council passed the following resolution: . . . Council Minutes COMMUNICATIONS - 36- April 26, 2004 "BE IT RESOLVED THAT for the purposes of improving the accuracy and currency of the municipal voters' lists and the Ontario Population Reports, the Township of Adelaide Metcalfe request the Province of Ontario make available to the Municipal Property Assessment Corporation (MPAC) on a regular and on-going basis, records of all births and deaths in the Province of Ontario as recorded by the Vital Statistics database maintained by the Ministry of Consumer and Business Services; and FURTHER THAT this resolution be sent to the Association of Municipalities of Ontario, MPAC and all Ontario Municipalities for endorsement and support." Resolution #C-219-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Corporation of the Township of Adelaide Metcalfe regarding the improvement of the accuracy and currency of the municipal voters' list be endorsed by the Council of the Municipality of Clarington. "CARRIED" NOTICE OF MOTION REPORTS Report #1 G.P.A. Report April 7, 2004 2004 Budget Resolution #C-220-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the Special General Purpose and Administration Committee Report of April 7, 2004, be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" . . . , Council Minutes REPORTS Report #2 G.PA Report April 19, 2004 Report #3 Grant Eligibility Canadian Calendar Girls Inc. Confidential Reports - 37- April 26, 2004 Council Member Councillor Foster Councillor MacArthur Councillor Pinole Councillor Robinson Councillor Schell Councillor Trim Mavor Mutton Yes .J .J .J .J .J .J .J No Resolution #C-221-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of April 19, 2004, be approved. "CARRIED" Resolution #C-222-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report CSD-07-04 be received; and THAT a grant in the amount of $500 be approved for Canadian Calendar Girls Inc.; and THAT the applicant be advised of Council's decision. "CARRIED" Councillor Foster stated a pecuniary interest with respect to Report #5, Confidential Report PSD-048-04 and refrained from discussion and voting on the subject matter. Resolution #C-223-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Report PSD-047-04, Confidential Report PSD-048-04 and Confidential Report ADM-048-04 and the Confidential verbal report of the Solicitor be referred to the end of the agenda to be heard during "closed" session. "CARRIED" . . . ... Council Minutes - 38 - April 26, 2004 UNFINISHED BUSINESS Resolution #C-224-04 Moved by Councillor Pingle, seconded by Councillor Trim THAT the request for support for the KMW Adult Day Program be lifted from the table. "CARRIED" Resolution #C-225-04 Moved by Councillor Ping Ie, seconded by Councillor Schell THAT the correspondence requesting support for the KMW Adult Day Program be received for information. "CARRIED" Resolution #C-226-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the presentation of Gregory Smith, Ontario Power Generation be received with thanks. "CARRIED" Resolution #C-227-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the presentation of Staff Sergeant Bruce Townley - Durham Regional Police, Connie Vail - Durham Regional Health Department and Tony Fanara - ATV Safety Coalition Durham Region ATV Safety Coalition be received with thanks. "CARRIED" . . . " Council Minutes - 39- April 26, 2004 UNFINISHED BUSINESS OTHER BUSINESS Boards and Committees Update Resolution #C-228 -04 Moved by Councillor Schell, seconded by Councillor Trim THAT the agenda be altered to allow for consideration of the items under "Other Business" prior to moving into the "closed" session. "CARRIED" Councillor Trim advised Council that he attended Health and Social and Regional functions on the weekend. Councillor MacArthur informed Council that the Samuel Wilmot "Earth Day" consisting of displays of live raptors, tree planting and garbage cleanup was a success. Approximately 100 residents took part in the day, along with Sue Arends of the Municipality of Clarington's Operations Department. The amount of litter that was collected was incredible. Councillor MacArthur thanks all the responsible citizens who went out and aided in the clean up. Mayor Mutton stated residents could call the Durham Region for pick up of their garbage and stated littering carries a maximum fine of $5,000. Councillor Pingle advised Council the Tyrone Hall Board will be hosting a GaragelBoot Sale to be held on May 8, 2005 at 8:00 a.m. Also, Bethesa House will be holding a fund raising dinner and auction on May 27, 2004. Councillor Schell invited Council to the Maplefest to be held this Saturday, May 1, 2004 to enjoy and sample maple food. He advised that copies of the Draft Terms of Reference for the environment process of the Highway 407 are available for the public. Councillor Trim informed Council that he was in Orono on Saturday and advises that five to six dump truck loads of garbage were ready for pickup. He would like to thank the Leo's and Mason's for their involvement in the clean up. Ms. Farrell invited neighbours in Newtonville along with the Operations Department to aid in the clean up south of Highway #2. ~ . .. 'J .. " . . . Council Minutes OTHER BUSINESS BY-LAWS - 40- April 26, 2004 Councillor Robinson requested a breakdown of the Regional budget in regards to the figures allotted for road work from Mayor Mutton. Mayor Mutton advised that a copy of the Regional budget is available in his office. He advised that Mill Street, from Highway 2 down to Highway 401 has been accounted for in the five year Capital Plan. Resolution #C-229-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Council recess for five minutes and then reconvene in "closed" session to discuss property and legal matters. "CARRIED" Resolution #C-230-04 Moved by Councillor Shell, seconded by Councillor Pingle THAT the actions taken in "closed" session be ratified. "CARRIED" Resolution #C-231194-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-088 to 2004-114 inclusive, and that the said by-laws be now read a first and second time: 2004-088 being a by-law to exempt a certain portion of Registered Plan 40M-2185 from Part Lot Control 2004-089 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2004-090 being a by-law to exempt a certain portion of Registered Plan 40-2161 from Part Lot Control . ... ,; i' ... ." . . . Council Minutes BY-LAWS - 41- April 26, 2004 2004-091 being a by-law to exempt a certain portion of Registered Plan 40-1994 from Part Lot Control 2004-092 being a by-law to amend By-law 2003-150, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors 2004-093 being a by-law to establish, layout dedicate certain lands as public highways in the Corporation of the Municipality of Clarington 2004-094 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-095 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-096 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-097 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-098 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-099 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-100 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-101 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-102 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington ./ ~ ... -\. . . . . Council Minutes BY-LAWS - 42- April 26, 2004 2004-103 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-104 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-105 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-106 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-107 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-108 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2004-109 being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Tascor Construction Ltd., Uxbridge, Ontario to enter into an agreement for the Construction of a road access at 2375 Baseline Road, Bowmanville 2004-110 being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Visual Arts Centre, Bowmanville, Ontario to enter into an agreement for lease of Visual Arts Centre at 143 Simpson Avenue, Bowmanville 2004-111 being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario to enter into an agreement for lease of Clarington Beech Centre, 26 Beech Street, Bowmanville 2004-112 being a by-law to authorize a Purchase Agreement between the Corporation of the Municipality of Clarington and Terry Edwards, in respect to the purchase of Part 1, 10R-1734, Part Lot 9, Broken Front Concession, former Town of Bowmanville, 63 East Beach Road, Bowmanville -> .., (.. .. ~ -- . Council Minutes BY-LAWS . . - 43 - April 26, 2004 2004-114 being a by-law to regulate and license Refreshment Vehicles within the Municipality of Clarington and to repeal By-law #91-95, as amended "CARRIED" Resolution #C-232-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-088 to 2004-112 inclusive, and 2004-114, be approved. "CARRIED" Councillor Foster stated pecuniary interest with respect to By-law 2004-113 and refrained from voting on the by-law. Resolution #C-233-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2004-113, being a by-law to authorize a Purchase Agreement between the Corporation of the Municipality of Clarington and the Trustees of the Ebenezer Congregation of the United Church of Canada and the Trustees of the Faith United Congregation of the United Church of Canada, in respect to the acquisition of 2201 Courtice Road, Part Lot 28, Concession 2, former Town of Darlington, Municipality of Clarington and the said by-law be now read a first and second time. "CARRIED" Resolution #C-234-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2004-113 be approved. "CARRIED" Councillor Foster stated pecuniary interests earlier in the meeting and refrained from discussion and voting on the confirming by-law. -- .-# "~.. . 't; .. " . Council Minutes - 44- April 26, 2004 CONFIRMING BY-LAW . ADJOURNMENT . Resolution #C-235-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2004-115 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 26th day of April 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-236-04 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the third and final reading of By-law 2004-115 be approved. "CARRIED" Resolution #C-237-04 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT the meeting adjourn at 9:57 p.m. "CARRIED"