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HomeMy WebLinkAbout05/10/2004 . . . . - Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON May 10, 2004 Minutes of a regular meeting of Council held on May 10, 2004, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, 1. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Solicitor, D. Hefferon Director of Operations Department, F. Horvath Director of Corporate Services, M. Marano Manager of Development Review, L. Taylor Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Clerk, C. Tennisco Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST PUBLIC MEETING Mayor Mutton indicated that he would be disclosing a pecuniary interest with respect to the delegation of Richard Ward, Report CLD-16-0-04 and the Addendum to Report CLD-16-04. In accordance with section 34(2) 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 alter a portion of Boundary Road in the Village of Burketon by restricting access to the road allowance at the westerly terminus of the open portion of Boundary Road in the Municipality of Clarington. . . . Council Minutes PUBLIC MEETING - 2- May 10, 2004 The following residents spoke in opposition: Stuart Watt, Chairman of the Park Board, 10368 Old Scugog Road, Burketon, LOB 1 BO, a resident of the area to 28 years, stated that restricting access to the road allowance will create the following issues: - emergency vehicles would not have access - enjoyment of the trail would be restricted for snowmobilers, dirt bike riders and residents walking dogs. Mr. Watt stated all residents who would be affected by the gating did not receive a letter informing them of the intentions of the municipality. Sandra Dunham, 2200 Boundary Road, Blackstock, LOB 1 BO, and Terri Tanner, 2204 Boundary Road, Blackstock, LOB 1 BO stated they are opposed to the gating of Boundary Road. Ms. Dunham, a resident for 15 years in the area, uses the trail for the enjoyment of biking and walking. She supports the trail being used safely and suitably. She indicated that closing off the access with a gate will createlopen approximately 10 or more openings - the public would gain access through railway tracks, private land and the main road onto Old Scugog. Residents are not bothered by the usage of the trail though it is busier on weekends. All types of vehicles use the road. Some alternatives would be to: make the road a safety zone controlled by speed zones a legal opening for wheel chair access in accordance with the Ontarians with Disabilities Act The Tweed Trail serves multi purposes; the snowmobile permit is a permit to use the trail year round - we could model this concept for the Boundary Road Trail. Terry Tanner stated that closing access to the Boundary Trail would create the situation for people to gain entry through parks and residents' property. Long term residents moved to the area for the enjoyment of the trail. She states that community safety zone fines should be implemented to slow down the traffic speed. Cathy Bambrough, 10415 Old Scugog Road, Burketon, LOB 1 BO, a five year resident, is opposed to the gating of Boundary Road. They moved to area to enjoy the trail. Should a gate be installed the public will tear it down. Though weekends are busier, the main . . . Council Minutes PUBLIC MEETING PRESENTATIONS MINUTES DELEGATIONS - 3 - May 10, 2004 problem is the vehicles running up and down Old Scugog Road at 11 :00 p.m. She is suggesting: - a 10 week Durham Regional Police blitz, to make the few people who do not adhere to the by-laws to slow down. - staff at the gate to open and close it, or a special pass to access the trail. Randy Kirk, 10406 Old Scugog Road, Burketon, LOB 1 BO, is opposed to the gate installation as he moved to area to use the trail. He has given the government money by purchasing the permits for hunting and to use the trails. Now the municipal government says we cannot use the trail. Norm Tinker, 10352 Old Scugog Road, Burketon, LOB 1 BO, a 25 year resident, enjoys walking the trails. Should the trail be gated, he would have to drive to go walking and could no longer enjoy the trail. Mayor Mutton presented certificates to Tim Sikma and John Devries in recognition of them being awarded the 2003 Master Breeders' Award of Excellence by the Holstein Canada Association. Resolution #C-238-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on April 26, 2004, be approved. "CARRIED" Resolution #C-239-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Clay Taylor be added to the agenda as a delegation regarding Report CLD-15-04. "CARRIED" . . . Council Minutes DELEGATIONS -4- May 10, 2004 Mayor Mutton disclosed a pecuniary interest with respect to the request of Richard Ward to be heard as a delegation. Mayor Mutton's 2003 municipal election campaign is the subject of the delegation. Mayor Mutton left the meeting during the discussion. Councillor Schell chaired this portion of the meeting. Resolution #C-240-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Richard Ward be added to the agenda as a delegation regarding Report CLD-16-04. "CARRIED" lain Alexander, Darlington Soccer Club, Unit #3 - 71 Mearns Court, Bowmanville, L 1 C 4N4, addressed Council regarding Report COD- 023-04. He advised Council that the Darlington Soccer Club is making a financial commitment of $500,000 toward the facility. To support this, the Darlington Soccer Club presented Council with a cheque in the amount of $30,000. The club has numerous fund raisers set up to continue to meet their financial goals. Greg Sznajdruk, 9580 Murphy Road, Bowmanville, L 1 C 3K6, addressed Council regarding Report CLD-15-04 and submitted a letter requesting clarification of the following: The City of Kawartha Lake & Stratford have Noise By-laws relating to auto racing-why weren't references to these bylaws included in the report? - Was Clarington's by-law, before being rescinded, based on OMB Guidelines? - If Mosport did not lobby Council, why was the by-law repealed? Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1, addressed Council regarding the Headgate Development ZBA 2004-003 - Zoning Bylaw and Draft Plan of Subdivision. Residents have met to discuss the Headgate and Hancock Neighbourhood Plan and have numerous concerns. She requests a chance to work together to create a community that we would be proud of, a community that would be livable with no distribution of the groundwater or diverting of streams. . . . Council Minutes DELEGATIONS - 5 - May 10, 2004 Rick James, 55 Centre Street, Bowmanville, L 1 C 2Y2, thanked Council for hearing residents concerns regarding the Old Bowmanville Heritage District Designation. He referred to three distinct areas of concern with regards to designation: 1) Insurance, renovation costs and the effects on the marketability of homes. 2) Control by government or committees over their homes now or, more importantly, in the future. 3) The most troubling is the image this proposal is creating of the neighbourhood. Rather than designate only the neighbourhood, Mr. James would like to see a solution that can be used municipally wide to protect our historical assets. Following a question and answer period with Council, Mr. James stated he did not have a problem with proceeding to Phase II of the process but, he does not want designation to be the outcome. Resolution #C-241-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Council move into "closed" session to hear the delegation of the Clarington Museums and Archives Board regarding a Confidential Property Matter. "CARRIED" The meeting reconvened in "open" session at 8:30 p.m. Clay Taylor, 5505 Darlington Manvers Townline Road, R.R. #3, Pontypool, LOA 1 KO addressed Council with respect to Report CLD-15-04. On July 19, 1994 the North Clarington Ratepayers Association was incorporated under Ontario laws. Concerned property owners formed the Association because activities at Mosport Park were adversely affecting the enjoyment of their property. In rescinding By-law 97-124 last year, input from residents in the area was not requested. There is a whole host of issues beyond the fundamental problem of excessive noise as follows: numerous by-law violations drunken and disorderly conduct by Mosport patrons trespassing and vandalisrn issues . . . . Council Minutes DELEGATIONS - 6- May 10, 2004 parking issues lack of policing and public security and more when major events are underway. He is asking Council if they intend to alleviate the noise issue and what they would suggest property owners adversely affected by activities at Mosport consider as a course of action to mitigate the problems in North Clarington. Mayor Mutton disclosed a pecuniary interest with respect to the delegation of Richard Ward and Report CLD-16-04. Mayor Mutton's 2003 municipal election campaign is the subject of the delegation and report. Resolution #C-242-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:50 p.m. Mayor Mutton left the meeting and Councillor Schell chaired this portion of the meeting. Richard Ward, 3709 Regional Rd. #9, Kendal, LOB 1 MO, addressed Council regarding Report CLD-16-04. Mr. Ward's concerns regarding the 2003 Elections are as follows: Mayor Mutton received $750 contributions from each of Cougs Investments and Lawrence Glen Holdings. He claims that these two companies are related and therefore a violation of Section 72 of the Municipal Elections Act has occurred. Advertising was not provided equally by Rogers Cable and Metroland, which he claims is another violation of the Municipal Elections Act. . . . Council Minutes REPORTS Report #3 Application for Compliance Audit Mayor Mutton 2003 - 7 - May 10,2004 Resolution #C-243-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the agenda be altered to address Report CLD-16-04 and the Addendum to Report CLD-16-04 at this time. "CARRIED" Resolution #C-244-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report CLD-16-04 be received; and THAT, in accordance with subsection 81 (3) of the Municipal Elections Act, 1996 the application submitted by Mr. Richard Ward for a Compliance Audit of Mayor John Mutton's 2003 Election Campaign be rejected, since Council is of the opinion that there are not any reasonable grounds to believe that Mayor John Mutton contravened a provision of the Municipal Elections Act, 1996 relating to election campaign finance. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Councillor Foster -V Councillor MacArthur -V Councillor Pinale 'i Councillor Robinson -V Councillor Schell -,J Councillor Trim -,J Mavor Mutton Declaration of Pecuinarv Interest -,J The Addendum to Report CLD-16-04 was received as a handout. . . . Council Minutes - 8 - May 10, 2004 REPORTS Addendum Resolution #C-245-04 2003 Compliance Audit Application Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Addendum to Report CLD-16-04 be received for information. "CARRIED" Mayor Mutton reassumed the Chair. COMMUNICATIONS Resolution #C-246-04 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 - 12, 1- 13 and 1-15. "CARRIED" 1- 2 S08.GE Brian C. Lemon, Chief Executive Officer, Lakeridge Health, informing Council that in the testing and follow-up of Tuberculosis contacts, Lakeridge Health will suspend its Family Healthcare Centre effective May 3, 2004 until further notice. Diagnostic Imaging services at Lakeridge Health Whitby will continue to be available to local physicians. A news release was placed in the local media on Sunday, May 2 and Wednesday, May 5, 2004. Residents requiring medical care are to contact their physician's office, urgent-care clinic or visit their closest Emergency Department. 1-3 C06.TR Minutes of the Clarington Traffic Management Advisory Committee meeting dated April 15, 2004. 1- 4 C06.CE Minutes of the Central Lake Ontario Conservation Authority meeting dated April 20, 2004. 1-5 C06.HW Minutes of the Clarington Hwy. 407 Community Advisory Committee meeting dated April 6, 2004. . Council Minutes - 9- May 10, 2004 COMMUNICATIONS 1-6 M02.GE Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington, thanking Council for their generous contribution for the generous grant of $2,000.00. As a charitable organization, they rely heavily on the support of our community and appreciate both Clarington's donation and support. 1-7 M02.GE Dion Drewlo, Meet Coordinator, Clarington Speed Skating Club, thanking Council for their generous contribution for the "Celeblade 2004: Celebrating Team Sport" which took place March 20 and 21, 2004 at the South Courtice Arena. They welcomed 226 skaters representing 18 speed skating clubs. 1-8 S08.GE Federation of Canadian Municipalities advising Council of the release of the third in its series of reports on quality of life highlights in 20 municipalities. The report finds that, despite general improvements in rates of post-secondary education, employment growth and home-ownership, quality of life deteriorated for a number of people during the 1990s. Improvements in income and poverty rates since 1996 have been offset by a growing income gap, housing affordability problems and changes to social programs. The report illustrates the urgency of a New Deal for Canada's communities. . 1- 9 M06.GE Patti Munce, Ministry of Municipal Affairs and Housing, advising Council that The Honourable John Gerretsen announced the government will introduce legislation to suspend the automatic two per cent base portion of annual rent increase for tenants in 2005. If passed, rent increases would be based solely on the Rent Control Index, a formula which takes into account increases in operating costs faced by landlords. The legislation will provide a "time out" while the government consults with tenants and landlords on replacing the previous government's misnamed "Tenant Protection Act." The current law has neither protected tenants from excessive rent increases, nor spurred the development of sufficient new rental accommodation. Decent and affordable rental housing is fundamental to the strength and well-being of our communities. 1-10 C10.MO Kim Coates, Clerk, Township of Scugog, advising the Minister of Natural Resources, the Minister of the Environment and the Minister of Municipal Affairs and Housing that the Township of Scugog on April 12, 2004 passed a resolution supporting the Kawartha Conservation 2004 Budget. . . . . Council Minutes COMMUNICATIONS I - 11 C10.MO 1- 14 S08.GE 1-16 D04.GE 1- 17 H05.GE 1-18 C10.MO - 10- May 10,2004 Roger Anderson, Regional Chair, Regional Municipality of Durham, advising the Minister of Municipal Affairs and Housing that Regional Council passed the a resolution on April 14, 2004 requesting that the Planning Act and the Municipal Act be amended to allow direct participation of the upper-tier municipalities in local municipal community improvement programs, including the provision of incentives. Dr. Sheela V. Basrur, Chief Medical Officer of Health and Assistant Deputy Minister, advising Council that Health and Long-Term Care Minister George Smitherman has released the interim report from Mr. Justice Archie Campbell on the investigation in the outbreak of Severe Acute Respiratory Syndrome (SARS). The report was submitted to the Minster on April 15, 2004, and is available on the web site www.health.qov.on.ca. The Campbell Commission was established to investigate how the SARS virus came to the province, how it was spread and later contained. The report outlines what happened, what lessons have been learned and what improvements should be made to Ontario's healthcare system. David Caplan, Minister of Public Infrastructure Renewal advising the Association of Municipalities of Ontario that the submission deadlines for the Affordable Housing Program have been extended to August 31,2004 and encouraging new submissions while the program is being developed. Association of Municipalities of Ontario advising Council that The Honourable Chris Bently, the Minister of Labour, introduced Bill 56 "Employment Standards Amendment Act (Family Medical Leave)" on April 13, 2004. This Act will allow up to eight weeks of job protected family medical leave, during which time the employee must continue to pay their share of any benefit, pension or health plans. An employee must provide the employer with a supporting medical certificate confirming that a family member has a serious medical condition with significant risk of death within 26 weeks. Allan Hewitt, Chair, Clarington Public Library Board Trustees, advising Council that on April 28, 2004, the Board passed the following motion regarding Report ADM-04-04: "THAT Correspondence Item D-1 be received; and . . . Council Minutes COMMUNICATIONS 1-19 M04.GE 1- 20 C10.MO 1-21 C10.MO 1-22 M04.GE 1- 23 A04.GE - II - May 10, 2004 THAT a letter be sent to Municipal Council stating that the Library Board is unable to endorse Report AD 04-04 due to insufficient financial data from the Municipality of Clarington to support the recommendations as a budgetary measure." Jim Flaherty, MPP, Whitby, writing to Roger Anderson, Chair, Durham Region addressing the Government's abandonment of the Durham Courthouse. The RFQ and RFP process were completed in substantial time and expense and would have been a major cornerstone of infrastructure in Durham Region. He is requesting Regional Council's support on this matter. Sandra Kranc, City Clerk, Corporation of the City of Oshawa, advising Pat Madill, Regional Clerk, Regional Municipality of Durham that the City of Oshawa passed the following resolution at their meeting held on April 26, 2004: "THAT the Region of Durham be advised of Oshawa Council's decision of April 5, 2004, to support the option of a directly elected Chair for the Regional Municipality of Durham." Debbie Leroux, Deputy Clerk, Corporation of the Township of Uxbridge, advising Council that on April 19, 2004 the Township of Uxbridge passed the following resolution regarding the Provincial Highway Improvements in Durham Region: "THAT the Provincial Government be advised that we support the resolution of the Municipality of Clarington to resume and expedite the completion of Highway 407 east to Highway 35/115." Ministry of Natural Resources advising Council that they and the Ontario Provincial Police have signed a protocol clarifying roles and responsibilities around responding to problems between humans and bears. The Ontario Association of Chiefs of Police supports the protocol and will encourage member forces to use it as a template to reach agreements with municipal forces. Richard M. Daley, Mayor, City of Chicago, inviting Council to the International Association of Great Lakes and St. Lawrence Mayors' Conference to be held in Chicago on July 14-16, 2004. This year's conference is "Great Lakes - Great Ideas." Conference information can be found at www.ttclients.com/2004MavorsConference. . . . Council Minutes COMMUNICATIONS 1- 24 A12.GE 1-25 S08.GE 1-26 T05.HI 1-27 M02.GE I - 1 M02.GE - 12- May 10,2004 Federation of Canadian Municipalities advising Council of their concerns for a New Deal on rights-of ways. The Right-of-Way Defense Fund allows monitoring and participation in the defense of legal challenges to the use of municipal rights-of-ways by telecommunications carriers. A series of Canadian Radio- television and Telecommunications Commission decisions have led to a number of disputes between municipal governments and telecommunication carriers. Municipal governments must have full authority to manage publicly owned property and receive fair compensation for the use and occupancy of municipal property. They are engaged in a national campaign to communicate these concerns and seek a solution to the conflict. Janet Harris, Executive Director, Durham Access to Care, advising Council of their support for the Region's vision of providing access to transit throughout Durham. Although their services are delivered in the home, they do have numerous community-based organizations that their clients need to access such as Adult Day Programs. As well, horne care clients often require health and medical care that cannot be provided in the home. On these occasions, clients are often additionally challenged by the lack of availability of a transit system. Greater Oshawa Chamber of Commerce forwarding a media release advising that the Highway 407 Eastward Extension is supported by Ontario Businesses. At the recent Annual General Meeting of 160 local Chambers of Commerce and Boards of Trade, the resolution regarding the extension received overwhelming support of the delegates. Karen Campbell, President & CEO, Greater Toronto Marketing Alliance forwarding a copy of Canadian Business, Canada's best selling business magazine, highlighting the winners of the 2004 GTA International Awards of Distinction. D. Hartford, Bowmanville, thanking Council for the improvements in the Bowmanville Creek Valley Lands. The cleanup on the weekend of April 24 - 25, 2004 is appreciated. Thank you for a cleaner bank and stair well at the bottom of Rotary Park. To all citizens and school children who participated, the work certainly shows and is appreciated. . . . Council Minutes COMMUNICATIONS 1- 12 D21.GE 1-13 D21.GE - 13 - May 10, 2004 Resolution #C-247-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 8 be received for information. "CARRIED" Gary Polonsky, President, University of Ontario Institute of Technology, writing to John O'Toole, MPP, Durham, requesting support on the matter of enhanced nuclear capacity in Durham Region and specifically, in Clarington. He states that Ontarians do not have sufficient hydro power to meet their daily needs. Thus, we must do the best we can with what we've got. While everyone is fully supportive of better conservation and green power (e.g. wind, solar, hydrogen), the recent Manley report makes clear that they will simply be inadequate to fuel Ontario's current and future needs. So, we seem to have no choice but to expand our nuclear capacity. Resolution #C-248-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item I - 12 be received for information and a copy be forwarded to the Minister of Energy. "CARRIED" Ron Hooper, President, Clarington Board of Trade, advising Council of the need for increased electricity base load supply. The Clarington Board of Trade supports the contention that if the best way to sustain our quality of life and keep our business competitive is with nuclear power, then the best place to build the generation is here in Clarington. The expertise and infrastructure necessary to build and operate a safe and productive nuclear power plant already exists in our community. At the same time, The Clarington Board of Trade urges the municipality to prove itself a leader in energy conservation to lessen the need for additional generating facilities. . . . Council Minutes COMMUNICATIONS 1-15 D21.GE D - 1 R01.GE - 14 - May 10, 2004 Resolution #C-249-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Correspondence Item I - 13 be received for information and a copy be forwarded to the Minister of Energy. "CARRIED" J.S. Burke, Deputy Minister, Ministry of Municipal Affairs and Housing advising Council of the province's current plan regarding municipal costs incurred in response to the power outage of August 14, 2003. The decision to compensate municipalities and other public authorities was made and communicated by the previous government in August 2003. In light of the considerable existing debt, the government has decided not to proceed with the compensation program. Resolution #C-250-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 15 be received for information. "CARRIED" Correspondence Item D - 10 was distributed as a handout. Resolution #C-251-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Correspondence Items be approved as per the agenda, including the handout item, with the exception of Items D - 8 and D - 9. "CARRIED" Kim Goyne, Bowmanville, advising Council of concerns regarding the designation of the area bounded by Wellington, Liberty and Concession Streets as a Heritage Conservation district. The designation is not what the homeowners want, nor will it best serve their interests, and she has concerns of the process itself. At a LACAC meeting, it was indicated there was a consensus to support proceeding to Phase II; she believes it was made quite clear that . Council Minutes - 15 - May 10, 2004 COMMUNICATIONS they did not. She asks that Council defer making decisions pertaining to the heritage designation until recently drafted changes to the Heritage Act can be fully understood. With a more balanced representation of neighbourhood interests and wishes and some independent guidance, their efforts can benefit neighbourhoods throughout the municipality. (Correspondence referred to the Director of Planning Services) D-2 E05.HY L. H. Woods, Manager, Marshall Macklin Monaghan, requesting an exemption to the Noise By-law for the period of May 8 - September 30,2004. An Agreement between Hydro One and St. Marys has been completed for the relocation of Westside Creek to an easement located between the Hydro One towers. In order to complete the Westside Creek diversion channel, culverts are required to be constructed at the towers. The construction must proceed continuously, dawn to dusk, seven days a week until completed. . (Approved the by-law exemption for the period May 8 to September 30, 2004) D-3 M02.GE Myles Brandt, President & General Manager, Mosport International Raceway, requesting Council to restrict access on Mosport Road for the following dates in order to restrict access to race fans coming to Mosport and disrupting the neighbours along the road: . May 215t . June 20th . June 27th . July 16th . August 5th from 7:00 a.m. - May 23rd at 3:00 p.m. from 7:00 a.m. to 3:00 p.m. from 7:00 a.m. to 2:00 p.m. from 7:00 a.m. - July 18th at 3:00 p.m. from 7:00 a.m. - August 8th at 3:00 p.m. Security is instructed to just restrict access and allow normal traffic to go through and not cause the three or four families who live on the road any problems and/or inconvenience. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) . D-4 S08.GE Ross MacEachern, Manager, Environmental Health, The Regional Municipality of Durham requesting Council's permission to conduct a larviciding program within the Municipality of Clarington. During the spring and summer of 2004, the Durham Regional Health Department will be conducting activities involving West Nile Virus . . . Council Minutes COMMUNICATIONS D-5 M02.GE D - 6 C10.MO D-7 M02.GE - 16- May 10,2004 vector control for mosquitoes in the Region of Durham. An important component of Durham Region West Nile virus Vector Control Plan involves conducting a larviciding program through early spring to mid summer in catch basins and other stagnant water bodies on municipal and regional property. In order to receive a permit issued from the Ontario Ministry of the Environment to apply a larvicide to municipal property, the municipality within the jurisdiction of a Region must supply a letter from a representative of the municipality authorizing the use of a larvicide in the municipality by the Region. (Approved) Mary A. Labaj, Immediate Past President, Multicultural Council of OshawalDurham, requesting Council to declare the month of June as "Elder Abuse Awareness Month". The sufferings of our elder citizens have not received the same attention as the issues of child and spousal abuse. The Municipality of Clarington's recognition of the importance of this issue goes a long way towards raising public awareness about elder abuse. (Proclaimed) Carol Smitton, Committee Secretary, advising Council that on April 21, 2004 Durham Region passed the following resolution regarding the Durham Region Litter Survey Report 20004-WR-6: "THAT Report #2004-WR-6 of the Commissioner of Works, be received for information; THAT a copy of Report #2004-WR-6 of the Commissioner of Works be forwarded to the Area Municipalities, School Boards and Durham College, requesting their assistance with Durham Region's litter concerns; and THAT Regional staff develop an educational package to address the Region's litter issues." (Correspondence referred to the Director of Operations) Debbie Godfrey, Public Health Nurse, Regional Municipality of Durham requesting proclamation of June as "Health Before Pregnancy" month. For the 2004 campaign, special consideration will be given to the importance of planning a pregnancy that is alcohol-free and smoke-free. The effects of drinking alcohol and smoking during pregnancy can last a baby's lifetime. (Proclaimed) . . . Council Minutes COMMUNICATIONS D-10 M02.GE D-8 C10.MO - 17- May 10, 2004 Letter from David Kelly, Chair, Clarington Accessibility Advisory Committee requesting permission to hold the Rick Hansen Wheels in Motion Event on June 13, 2004. The event will commence at the Courtice Community Complex, head north on Courtice Road, west on Nash Road, then return along Nash Road, south on Courtice Road back to the Complex. Resolution #C-252-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item D - 10 be received and approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Department. "CARRIED" J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on April 26, 2004 passed the following resolution regarding the Property Taxation of the 407 and Future Express Toll Roads (ETR): 'Whereas the 407 ETR is being operated on a for-profit basis through tolls paid by those using the highway; And Whereas the 407 ETR operates in a number of municipalities; And Whereas the Province plans to expand the use of toll roads in Ontario; And Whereas municipal roads connected to the 407 ETR are subject to increased vehicular traffic placing additional demand on the local infrastructure; And Whereas the land occupied by the 407 ETR is not available to generate property tax revenue to the local municipality; And Whereas the Province of Ontario makes payments-in- lieu of taxes on lands owned or controlled by the Province where taxable tenants occupy the land; . . . Council Minutes COMMUNICATIONS - 18 - May 10, 2004 And Whereas the current Assessment Act exempts from taxation, toll highways, and the current Municipal Tax Assistance Act excludes highways from a payment in lieu of property taxes (PIL); And Whereas the Mayor of the City of Vaughan, Mayor Michael Di Biase raised this issue with the Minister of Finance on March 18,2004, during the Province's Pre- Budget Discussions; Now, therefore be it resolved that the Province of Ontario make the necessary legislative/regulatory changes regarding the 407 and all future express toll roads, to provide local municipalities with; . The ability to charge property taxes, or The ability to charge payments in lieu of taxes (PIL's) at the commercial rate that would be payable if property taxes were applicable, or An equivalent portion of the revenues received from Express Toll Roads. . . And that a copy of this resolution be forwarded to the Premier of Ontario, Dalton McGuinty, the Honourable Greg Sorbara, Minister of Finance, the Honourable Harinder Takhar, Minister of Transportation, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, local members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Region of York and other municipalities that have 407 ETR lands. Resolution #C-253-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution of the City of Vaughan be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D-9 C10.MO - 19- May 10, 2004 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on April 26, 2004 passed the following resolution regarding the Municipal Property Assessment Corporation Current Value Assessment Process: "Whereas the Provincial Government adopted in 1998, Current Value Assessment as a property valuation system for Ontario; And Whereas the Current Value Assessment is the base which provides the foundation on which a municipality levies property taxes; And Whereas the Municipal Property Assessment Corporation (MPAC) was charged with the authority of assessing all properties in Ontario; And Whereas the City of Vaughan Council has received correspondence and complaints from property owners concerning the current value assessment system: And Whereas property owners including seniors could find Current Value Assessment (CVA) difficult as a result of annual reassessment; Now, therefore be it resolved that the Province of Ontario immediately begin a process to review the issues relating to the CV A system and property tax legislation which should include a review of the following: . The quality of the property valuation and service provided by MPAC; . An assessment of the impact on current value assessment of subsequent legislation that introduced property tax mitigation tools, such as capping and clawback, etc.; · The frequency of property reassessment, which is currently done on an annual basis; and . The valuation date used in the reassessment of properties, currently June of each year. And that the Province as part of the review process consider: · The elimination of the capping and clawback and other mitigation tools; . . . Council Minutes COMMUNICATIONS - 20- May 10, 2004 . Decrease the frequency of property reassessment by MPAC to every three years which will permit sufficient time for appeals, inspections, will provide a longer stable valuation period and reduce costs; . The property valuation date used in the process of property assessment should be changed from June 30 to January 1st of each reassessment year thereby permitting sufficient time for inspection, review and the timely provision of assessment data to local municipalities; and . A review of MPAC's staffing requirements and processes to improve the quality of the assessment data and ensure a cost effective assessment system. And that MPAC continue to meet with all the stakeholders to better understand the current issues so that a positive change can be made to improve customer service and the CVA system. And that the Province strengthen the Ministry of FinancelMPAC Joint Committee that will be addressing MPAC service issues to include municipal and municipal association representatives. And that a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, John Gerretsen, the Minister of Finance, Greg Sorbara, Chairman Peter Hume, MPAC Board of Directors, local Members of Provincial Parliament and the Association of Municipalities of Ontario (AMO), the Region of York and municipalities in the Province of Ontario with a population over 50,000." Resolution #C-254-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the resolution of the City of Vaughan be endorsed by the Council of the Municipality of Clarington. "CARRIED" NOTICE OF MOTION . . . Council Minutes REPORTS Report #1 G.PA Report May 3, 2004 Report #2 Installation of a Barrier at Boundary Road - 21 - May 10, 2004 Resolution #C-255-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of May 3, 2004, be approved. "CARRIED" Resolution #C-256-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report EGD-30-04 be received; and THAT the request for the installation of a barrier at the westerly terminus of Boundary Road in Burketon be referred back to Staff for processing and the preparation of a further report following the receipt of all outstanding comments; and THAT all interested parties listed in Report EGD-30-04 and any delegations be advised of Council's decision. "CARRIED" Report #4 Resolution #C-257-04 CL2004-19 Moved by Councillor Foster, seconded by Councillor MacArthur Indoor Soccer & Outdoor Lacrosse THAT Report COD-023-04 be received; and THAT M.J. Dixon Construction Ltd., Mississauga, Ontario with a total amended bid in the amount of $3,358,248.00, being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-019, be awarded the contract for the Indoor Soccer Facility and Outdoor Lacrosse Bowl as required by the Community Services Department; . . . Council Minutes REPORTS - 22- May 10, 2004 THAT the total funds required in the amount of $3,868,500.00 ($3,358,248.00 tender + $194,000.00 Architectural Consulting Services + $316,252.00 utility connections, equipmenVfurnishing, project contingency) be drawn from accounts as follows: -$3,350,00 from Clarington Indoor Soccer Facility Capital Account #110-42-421-84226-7401 (to be debentured) -$518,500 from Engineering Account #110-32-325-83252-7401 (Bowmanville Community Park Project); THAT the Director of FinancelTreasurer be authorized to make application to the Region of Durham for a debenture in the amount of $3,350,000 plus debenture costs; THAT Council express its intent to fund this project including debenture repayments and financing to the extent allowable from future development charges; and THAT the By-law marked Schedule "A" and attached to Report COD-023-04 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-258-04 Moved by Councillor Pingle, seconded by Councillor Trim THAT the delegation of lain Alexander, Darlington Soccer Club, be received and he be thanked for the initial fund raising efforts. "CARRIED" Resolution #C-259-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the delegations of Greg Sznajdruk and Clay Taylor be received and referred to staff. "CARRIED" . . . Council Minutes - 23- May 10, 2004 UNFINISHED BUSINESS BY-LAWS Resolution #C-260-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the delegation of Libby Racansky be received and referred to the Director of Planning Services. "CARRIED" Resolution #C-261-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Rick James regarding the Heritage District Proposal be received and referred to the Director of Planning Services. "CARRIED" Resolution #C-262-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of the Clarington Museums and Archives Board regarding a Confidential Property Matter be referred to staff. "CARRIED" Resolution #C-263-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-116 to 2004-125 inclusive, and that the said by-laws be now read a first and second time: 2004-116 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (289143 Ontario Limited) 2004-117 being a by-law to exempt a certain portion of Registered Plan 40M-2178 from Part Lot Control (289143 Ontario Limited) . . . Council Minutes BY-LAWS - 24- May 10, 2004 2004-118 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Akers Auto Glass) 2004-119 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1319164 Ontario Limited) 2004-120 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Martin Road Holdings Limited) 2004-121 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-122 being a by-law to assume a certain street within the Municipality of Clarington as a public highway in the Municipality of Clarington 2004-123 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2004-124 being a by-law to assume a certain street within the Municipality of Clarington as a public highway in the Municipality of Clarington 2004-125 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and M.J. Dixon Construction Ltd., Mississauga, Ontario, to enter into agreement for the Indoor Soccer Facility and Outdoor Lacrosse Bowl "CARRIED" Resolution #C-264-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-116 to 2004-125 inclusive, be approved. "CARRIED" . . . . Council Minutes OTHER BUSINESS - 25 - May 10, 2004 Resolution #C-265-04 Moved by Councillor Trim, seconded by Councillor Schell WHEREAS the Council of the Municipality of Clarington recognizes that the Great Canadian Town Band Festival is an important cultural event in the Village of Orono; AND WHEREAS this annual tourist attraction draws visitors to the area for three days every year and this year it will be June 18, 19 and 20th; AND WHEREAS the Great Canadian Town Band Festival has asked if it would be possible for the Municipality to provide shuttle bus services from downtown Bowmanville, the largest urban centre, to the Village of Orono in order to facilitate greater participation of our local residents in this event; AND WHEREAS the Staff of the Engineering Services Department has investigated the possibility; AND WHEREAS the provision of this service may provide Clarington Transit with an opportunity to increase its public profile while at the same time serving the needs of our residents; AND WHEREAS a shuttle bus service can be provided to the Great Canadian Town Band Festival at a cost of approximately $550 total for June 18th and 19th, using a private bus operator; and NOW THEREFORE BE IT RESOLVED THAT Engineering Services be given direction to make the necessary arrangements for the Great Canadian Town Band Festival shuttle bus service and to charge the cost of this service to the Transit Miscellaneous Operating account 100-32-323-10435-7112. "CARRIED" . . . Council Minutes OTHER BUSINESS - 26- May 10, 2004 Resolution #C-266-04 Moved by Councillor Trim, seconded by Councillor Schell WHEREAS on March 22, 2004 Council adopted the following resolution regarding the Port Granby Project: "THAT Report PSD-020-04 be received; THAT the Port Granby Project Community Advisory Committee not be re-established, and the Low Level Radioactive Waste Management Office be requested to consult with the broader Clarington community and the South East Clarington Ratepayers Association; and THAT a copy of Report PSD-020-04 and Council's resolution be forwarded to the Low Level Radioactive Waste Management Office, Natural Resources Canada, and the members of the former Port Granby Project Community Advisory Committee."; WHEREAS to date three open meetings with the above ratepayer members have been held with three more scheduled for the month of May 2004; WHEREAS it is critical that the South East Clarington Ratepayers Association have a direct interaction with Council as a whole before Council receives staff's report: NOW THEREFORE BE IT RESOLVED THAT a one-half day workshop be held in early September 2004 for such purpose and that an independent facilitator be hired. "CARRIED" Mayor Mutton informed Council that on May 1st, 2004 the Toronto Star reported that the top five road work projects in the GTA are projects within the Durham Region. Of these five, two are projects within the Municipality of Clarington. Mayor Mutton stated pecuniary interests earlier in the meeting, vacated the chair and refrained from voting on the confirming by-law. Councillor Schell chaired this portion of the meeting. . . . Council Minutes - 27- May 10, 2004 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-267-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2004-126 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 10th day of May 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-268-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2004-126 be approved. "CARRIED" Mayor Mutton chaired this portion of the meeting. Resolution #C-269-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 9:25 p.m. "CARRIED"